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Snn^^gCT. Page 1 Mr. Trench Sept 17, 1888 Cnptaiii and crew of " Araiinah" arrived In Japan, and left for Vancouver , 9 Mr. Siewerd .. .. Oct. a9, Relating to seizure of "AraLnah." What arc held to be boundaries of Russian possession! in IJehrinp's Sea? 1 3 SirB. Murier Nov. H, Case is before Embassy. Awaits fuller statement from owners . . . . . . . . 1 4 Governor-General of Canada . ')\ Report by Canadian I'rivy Council, with documents and fill ts connected with the case 2 6 ToMr. Sicwctd ., 28, Replies to No. 2 5 6 Sir It. Morier .TO, Siimmory ot case, with documents. Proposed course. Asks instructions .. .. .. 6 7 To Sir R. Morier , . Dec. 11, Acknowledges above. Instructions for guidance ,, 13 8 Sir R. Morier 12, Copy cf letter to owners. Doubts as to cose . , 14 9 Governor-General of Cannda , Nov. 27, Report by Privy Council, and further papers 15 10 Sir R. Morier Doc. 30, Copy of note to M. de Giert in accordance with instructions in No. 7 16 11 . . Aug 26, 1889 Reply of Russian Government to above . . 17 18, To Sir R. Morier . . Oct. 3, Asks for further information on certain points in the above reply , , . . 90 18 , .. Fel). 14, 1890 Has there been any repljr to .ibove ? 91 14 Sir R. Morier 19, Answers above. None, as yet.. SI 18 If (* * * * * Mar. 19, Forwards reply of Russian Govemment to questions as suggested in Nu. 12 . . . , 21 16 To Mr. Goalini; .. May 9. Comment!* on above. Do not propose to address further represenlntions to Russia 24 ■^mu . P»go I pnient , , 1 nienti , , 3 5 lurip. , , 6 ice ., 13 ,. U .. IS with , , 16 , , 17 (Its in , , 90 SI 31 Btions , , 31 dress • ' 34 Correspondence respecting the Seizure of the British Schooner ** Araunah,'' off Copper Island, by the Russian Authorities. No. 1. Mr, TVench to the Marquis of Salisbury. — (Received October 25.) My liOrd, Tdkio, September 17, 1888. I IIAVE the honour to report to your Lordship that the captain and crew of the schooner "Araunah," of Victoria, British Columhia, captured by the Russians, off Copper Island, at the commencement of July last, and taken to Vladivostock, arrived at Nagasaki on the 25th ultimo, and were handed over by the PAissian Consul at tliat port to Mr. Consul Enslic, who sent them on to Her Majesty's officiating Consul at Kanagawa. Captain Siewerd and his crew left Yokohama for Vancouver on the Ist instant by the Canadian Pacific steam-ship " Batavia.'' It is unnecessary for me to trouble your Lordship with a detailed statement of the circumstances connected with the seizure of the " Araunah," as full particulars have already been given in a letter addnwsed by Captain Siowcrd to Her Majesty's Chargd d' Affaires at St. I'etcrsburgh, 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 1 9.) Sir, Victoria, British Columbia, October 20, 1888. WnEN seized on the 1st July, 1888, in the British scaling-schooner " Araunali," of this port, 8 miles off south extreme of Copper Island, by the Russian racrchantmau " jUexander II," and when I protested against this seizure, claiming to ho l)eyond the gun-shot limit, the Russian ofTicer, M. Grebnitzky, rei)lied : " I would seize you 100 miles further south if found with seal-hunting outfit abroad." As the American side of Bohving'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 opeu waters of the North Pacific Ocean, the above reply has prompted mo to ask of you the kindness to give me the bouudary-lines of the Russian possession adjacent to the North Pacific Ocean, Copper and Behring's Islands includod, as construed by your Department. As your comi)liance with my request may avoid serious loss of property the coming season, as I contemplate to hunt again in those waters, I pray tliat your Honour will favour mo with an immediate reply, I am, &c. „ (Signed) H, F. SIEWERD, Late Master of Schooner " Araunah," -> No. 3. I Sir R. Morier to the Marquis of Salisbury. — (Received November 19.) My Lord, WITH reference seizure of the " Araunah [816] St, Petersburah, November 11, 1888. to your Lordship's despatch of tlic 7th instant, respecting the ah,' * I have the honour to state ' it the case is in the hands of * Iiicloting copy of No. 1, a ^u.lr^ • • B 8 Her Majesty's Embassy, a sworn affidavit, dated the 27th August, together with a protest by the captain and a declaration by the Superintendent of tlie Commodore Islands, who 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 tliat no action should be taken until they have sent in their statement of claims and a legal opinion on the entire case. Until they do so I deem it best not to trouble your Lordship with the correspon- dence on the subject. I have, &c. (Signed) R. B. D. MORIER. No. 4. Lord Stanley of Preston to Lord Knutsford. — {Received at the Foreign Office, November 28.) My Lord, Government House, Ottawa, November 6, 1888. I ILVVE the honour to transmit to your Lordship a copy of an approvt>d Report of a Committee of the Privy Council, submitting a communication fron Messrs. Hall, Goepel, and Co., Victoria, British Columbia, the owners of the British schooner " Araunab," 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 Russian Government, by the Russian merchant-steamer "Alexander II," whilst in the prosecution of her legitimate calling as a sealing schooner in the Bchring's Sea. Your Lordship will observe that a statement of this case has already been forwarded by Captain Siewerd, his mate and crew, to Her Britannic Majesty's ChargiS d'^Vffaires at St. Petersburgh. My Government desire that a remonstrance may be made to the Russian Govern- ment for so unwarrantable an act as that committed by the commander of the " Alexander II," and a claim made for the loss and damage sustained by the owners of the " Araunab " in consequence of this seizure in the open sea. I have, &c. (Signed) STANLEY OF PRESTON. Inclosure 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 " Arunah," that it appears from the statements accompanying the communication, that tbo 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 " Araunab " 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. Petersburgb. 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 Govomment tor so unwarrantable an act as tiiat 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 sustained by the owners of the " Araunah " in consoquoncc of this seizure in the open sea. All which is respectfully submitted. (Signed) JOHN J. McGEE, Clerk, Privy Council, Sir, Tnclosure 2 in No. 4. Messrs. Hall, Ooepel, and Co. to the Hon. J, A. Chaplean. Oovemment House, Ficloria, British Columbia, September 21, 1888. WE have the honour to transmit herewith certain documents and facts in connection %nth the seizure of our schooner " Araunah," on the 1st July last, for alleged violation of the Pishing and Hunting Laws of the Imperial Russian Govern- ment, by the Russian merchant-steamer "Alexander II," whilst in the prosecution of her legitimate calling as a sealing-schooncr in the Behring's Sea, and which we respectfully urge is a part of the North Pacific Ocean, and open to the vessels of all nations. The clear and comprehensive letter statement on protest of Captiiin Sic word, his mate and crew, addressed to Her Britannic Majesty's Charge d'AlTaires at St. Petersburgh, and sworn to before Her Britannic Majesty's Consul at Nagasaki, Japan, clearly sets forth an epitome of the circumstances attending the illegal seizure of our vessel, properly registered as a Canadian vessel, and flying the British flag, and leaves but little for us to add in connection therewith. Inclosed will also be found copies of the telegrams that passed between the master of our vessel and the British Embassy at St. Petersburgh, and by which wc are assured that steps would be taken, with least delay possible, in the direction desired, and that the Russian Government had been duly apprised of the seizure and its cirtmm- stances. Althougli everything has been done by the 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 deem it expedient to promptly report to the Federal Government at Ottawa, through you, the fact of the seizure (and what has been done to date) of our schooner whilst registered under the laws of the Dominion of Canada, with the full belief that his Excellericy 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 wc shall forward a statement of claim of our loss against the Russian Government or whom it may concern. We have, &c. (Signed) HALL, GOEPEL, and Co., Owners of Schooner " Araunah," ' Inclosure 3 in No. i. Telegrams from Mr, Sieuterd, Master of Schooner " Araunah," to the British Embassy at St. Petersburgh, and the Replies to same. Vladivostock, .iugust 9, 1888. SEALING schooner "Araunah," of Victoria, was set during a heavy fog and calm by current within G 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. Steps will bo taken with least delay possible. g:U;r (2.) Vladhostock, August 15, 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 havf telegraphed to inquire into it. You might protest locally. Forward all documents here. Inclosuro 4 in No. 1. Diagram Illustrating Position of Schooner " Araunali " ul time of Seizure, Inclosure 5 in No. 4. Mr, Siewerd to Mr, Dering, Dear Sir, August 27, 1888. REGARDING the seizure of the British sealing scliooncr " Araunah," of Victoria, British Columbia, by M. Grcbnitzky in the Russian merchantman " Alexander II," for alleged violation of the Fishing and Uimting Laws of the Imperial Russian Government, ol' wliicli I informed you in my telegraphic despatch of the Utli August, 1888, from Vladivostock, I now respoctfully submit the following facta : — On the 1st July, 1888, at CJIO a.m., during a heavy lug and calm, I calculutad the schooner's position to be l(i miles soutli by west of tlu; situthcrii extremity of Copper or Medney Island. Judging myself in the open waters of the North racilic Ocean, I ordered the canoes for hunting. At about 7'30 \.u. the fog lifiod, when the schooner was found to be cast by south, about to 8 miles distant from the southern extremity of the island, with the canoes out to the south and wost 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 with white cross. When near, the schooner was hailed, and I, the master was asked to come aboard the steamer, which I did. When on stcsamer's deck, I was informed by M. Grcbnitzky that he would confiscate the schooner for being within the limit. This I denied, but was answered that the boundary i-an from Cape Lopatka to the Island of Atton, and that I could protest against the seizure to authorities at Vladivostock, where the case would bi.' forwarded. As the officer produced no documentary evidence of his authority, I asked ui)on what authority the seizure was made, in answer to which the officer jiointed 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, llerc I had to deliver the schooner's pajjcrs to Officer Grcbnitzky. Before doing so I demanded a paper stating the reason of confiscation, which I fonvard herewith, and a copy of which I was asked to sign after it having been translated to mo by M. J. Mallinvenaky 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. Grcbnitzky, in presence of M. J . Mallinvensky, of my protest against the seizure, which protest I would make before the nearest llepriweiitativo of Her Britannic Majesty s Government, and, in accordance with advice in your telegraphic despatch of 15th August, 1888, have m-otestcd to Admiral and Governor 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 North Pacific Inclonurv 4 in ff" 4. DIAGRAM ILLUSTRATING POSITION or SCHOON ER "ARAUNAH^ AT TIME OF SEIZURE. Sf HP. Sitward . Matter OLINKA Position, when seizea Calculated posiiivn at 6.30 am July ft* 18S8. Scale of Miles 1 2 3*6 l.,iu.,ii '• '!.o.Tlnl S'Uulml I..ra-J-f (i4cv 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 sav that I am not au fait as to the present state of the controversy in regard to Russian claims to a mam clausum in the North Paeilic. Before concluding, I must allow myself an observation with reference to the description given by the master of the "Araunah " of the position of bisshipat the (31«J Q m ^ time of her capture, and of the circuinstauces which caused her 1)eing theite. He says that at G°30 a.m. he calculated that the schooaer's position was 10 miles south by west of the southern extremity of Copper Island. At this time, there Iwing a heavy fog and calm, he ordered the six canoes out for hunting. At 7'30 a.m., that is, an liour after- Avards, the fog lifts, and the schooner is found at U miles distant from the south point of the island, with the canous to the 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 carried by an unknown cuneut from the spot at which he was at 630 to that at which he was captured at 7*30. If the diagram annexed to the affidavit taken before Her Majesty's Consul at Nagasaki is correct, this distance would be 17J miles. It would, of couree, not bo fair to assume too gi-eat accuracy in a diagram of this kind. Nevertheless, the distance cannot be estimated at less than between lU and 17 miles. I do not know whether such currents exist, but, if they do, it seenis strange that the master and crew of the " Araunah" should not have lieon fully aware of the fact from the beginning, and still stranger that the six seal canoes should have placidly carried on their hunting operations under its impulse, which they must have done, seeing that when the fog lifted, they were within a 2 miles radius of the ship. I transmit the corrcsjiondonce herewith. I have, &c. (Signed) R. «. 1). MOllIER. P.S. — Since the above despatcjh M'as written for signature, I have gone carefully through the papers once more, and have noted two points which had previously escaped me : — 1. That in the certificate given by Grebnit/.ky he distinctly states the cause of the arrest of tlie " Avnunali " to bo that of soal-catching within the Custom-house limit neai- Medney (Copper) Island. 2. That in the protest addressed to the Governor of Vladivostoek, which differs in some resi>ects from the declaration made before Her Majesty's Consul at Nagasaki, the whereabouts of the canoes is entered upon, but not dealt with, as it appeai-s to me, in a satisfactory manner, for ^Mr. Siewcrd admits that the seliooner being miles olf, ono at least of her canoes was 3 miles away from Iut, which might bring it (Langerously near, if not actually on the Custom-house limit ; but then, further on, ho admits hypothetically that the canoes might have been found within the Custom-house limits, and gives what he considers satisfactory explanations for their being tiiero. Lastly*, he protests against the accusation made against the schooner that she was within the Custom-house limits, whereas the cha'.ge made by Grebi-iutzky is not that she (the schooner) was within those limits, but that she was seal-catching within them; an ojjoration ))orfonnod not by hers(!lf, but by the canoes sent out by her. Under tliese circumstances I consider that the charge brought by j\[r. Siewerd against M. G«?bnitzky of having captured the sciiooner on liie ground of hor having boon within TOO miles of Commander Isles need not bo regarded as serious, sc(!ing that ■«e have to deal with a written declaration, bearing Grebnitzky's signature, to the oU'ect that he (japtnred the "Araunah" for catching seals within tlio Customs limits. Accordingly it appi'ars to me that all I can do at present is to iu(|uire of the llussian Oovernmont whetlior the schoDiicr has boon condoiuned by a proper Court, if not, when and where her trial will take place, and what facilities will be afforded to the owners for defending themrelves, and, in ease she has been tried and condemned, to request that I may be furnished with the evi miles from the soutiiern extremity of Mednoy Island, and tbiukiug that I was in tlie open waters of the Pacific Ocean, I sent canoes for soal-Iumtiuu; [lit., "sporting." — J. 'M.]. About 7'I50 the fog began to clear oil, and it ap])oared that tlio schooner was east by south of the above point, aiul at a distance of miles and more from it ; the canoes were to the south-west of the; schooner, and about 2 miU's away from her, the most distant canoe being about 3 miles away from the ship. While in this position I olwervetl a steamer Itearing down straight on us, and she proved to be the Russian mercbant-steanu'r " Alexander," flying tiie llussian commercial flag at her galf, and a green flag with a white cross at her nmintopgalhuit 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 (T sulwequently discovered it was M. Grebnitzky) that the schooner was conliscated liecaust? siie was too near to the coast. I wanted, and endeavouird to explain the renson of this, hut was told that I could protest to the authorities at Vladivostock, whitlierau explanation of the circumstances of the case would bo sent. As this officer, however, did not exhibit any documents establishing his identity, I aske 12tii 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 mo 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 1 d no power to eompel the master of a Russian vessel in an American ^ort to produce his logs ; I therefore concluded to formally demand same of the master B Custom- ation that •vemment mce with 'ould also st in the Petition is lie ahovc- th of my c). \dmiral. mmodore ssued by he limits scliooncr Customs 38ued to ids. 11 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 deem prudent to insert in the protest. 1. The steamer " Alexander II " is the property of the Alaska Commercial Com- pany of San Francisco, California, the lessees of the seal islands in the North I'iicific Ocean, including Copper and Behring'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 the Company. I mention this as the authority as to the schooner's position, &c., at time of seizure on the 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 ho made the seizure in this belief. 3. As to M. Grebnitzky, the Representative of the Imperial Russian Government, I will briefly say what I learned about him. Grebnitzky is a civil officer (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 the wishes and interests of the Alaska Commercial Company, one of which 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 the true character of Grebnitzky, as Dr. Grenevitzky, a military physician, who resided two years on Copper and Behring's Islands, has returned to Vladivostock on the 18th August, 1888, to report to his Excellency Governor-General KorfP about the 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 tlie pei-son Grebnitzky as a Russian official, it was practically made by order and in the interest of the Company. I have enclcavourcd to give you the undisguised facts of the case in my own way and language ; I now here rest my ease, and again earnestly pray you to use every neans 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) F, H. SIEWERD, Late Master of the British Schooner " Ardunah." Inclosure 6 in No. 0. 1888. ia, from rancisco rave the itcnts of jnginccr ornia, I moricau I master Mr. Siewerd to Mr. Dering. Sir, Port of San Francisco, CnUfornia, October .'8, 1888. IN order to obtain the proof of tlie assertions made in my protest against the illegal seizure of the British seaiing-sehooiier " Araunah," which protest I ibrwardcd to you from Nagasaki, Japan, I called upon Captain Gronberg on board tlic Russian nicrohant-stcamer " Alexander 1 \," now lying at this port, and in pvsciico of the undersigned witness, Captain George Ball, asked Captain Gronberg for a '-opy of the steamer's logs of the day 1st .Ttily, 18H8, on which day said steamer •' Air xarder II," of which said Captain Gronberg was then master, captured the British sealing-s'-hooncr " Araunah," off Copper Island. Captain Gronberg flatly refused to give my ,'opy of the logs, but volunteered to give nie a v(>rbal account. Captain Gronberg states, " The schooner bore at time of capture about east by Bouth-holf-BOuth, distant 3 miles from south-east point of island." 12 I asked, " By irlmt method did you determine this distance, by cross bearings or four point bearings ? " Captain Gronberg replied, "I just made a rough guess." Captain Ball, the witness, spoke, " Your judgment as to distance is then only hj an approximation ? " Captain Gronbere replies, " Yes, Sir." I then asked of Captain Gronberg, " Had you a letter of marque at the time yon captured the ' Araunah ' ? " Captain Gronberg answered, " No, Sir, but I got the letter the same day after the capture as I did not want any trouble." I asked, " Do you remember havin" heard M. Grebnitzky say, ' T would seize you if you were 100 miles south of the islands ? * " Captain Gronberg replied, " Yes, I lioaitl M. Grebnitzky say this." I next asked M. Arlin, chief oflicer, " Do you know the distance and bearing of the ' Araunah ' at the time your steamer cai)tiu'ed her ? " M. Arlin replied, " I have no idea whatever ; as my opinion was not asked, I did not trouble about it." I asked, " Did you not make the entry in the ship's log ? " M. Arlin replied, " Yes, I copied what the captain gave me." I also questioned M. Truber, second nfliccr, as to his knowledge as to the bearing and distance of tlie " Araunah " at time "f capture. M. Truber states, " In my opinion tlie schooner was about 5 to 7 miles from the land."^ We, the Undersigned, solemnly swear that we have carefully read over the foregoing, and tliat it is a true and correct statement of tlic interview which took place on hoard the Russian merchant-steamer " Alexander II " on Tuesday, 10th October, 1888. (Signed) U. F. SIEWERD. late Magtn- of liritish Schooner " Araunah." (Signed) George Ball. Subscribed and sworn to at the British Consulate, San Francisco, this 18lh day of October, 1888. Before me, (Signed) Denis Donouok, Consul, Han Francisco. (Consular Stamp.) Dominion of Canada, Province of Diitish Columbia: I, John Joel Austin, a Notary Public duly commissioned for the Province of British Columbia, hereby certify that I have carefully examined the document hereto annexed, enntiiined on tliico folios, with the original sworn declaration and letter, and declare that llie annexed is a true and correct copy of said original Iclter and all attestations thereto. In witness whereof T have heivninto set niv hand and seal of office at Victoria, this 25th (lay of October, 1888. (Signed) .Ino. J. Au.stin, a Notanj Public in and for the Province of British Columbia. (Seal.) Inelosure 7 in No. 0. Mnsrs. Hall, Goepel, and Co. to Mr. Bering. Bern .'ir, October 26, 1888. M'Vj Inst had the honour of addressing you <;n the 27th ultimo [r], copy of which has ali-eady gone forward. We now have the pl.'asure of inclosing aflidaTit, made before the British Consul at San Francisco, Calilornia, of Captain 11. ¥. 8iewerd and Cnjttain Ball, relative to an interview had with (lie (-aptain of the "Alexander II" (steamer) on his arrival at that port, re imsition of schooner " .Iraunah " nt the ihnv of seizure. The document we think exiilains itself, and greatly strengthens onr case, tflking into eon«idemtion th« imi)Oiwil)ili(y of making (irtmberg produce his log-book, «r'ii'.;(i is the private property of the Alaska Commercial Company. We also inclose 13 statement of claim amounting to 21,852 dol. 75 c. We liavc made tins claim as clear as possible without exaggerating values, which will save a good deal of writing asking for explanation. Tlic cost of schooner we have put at her market value ready for sea. The outfit for sealing cruize is actual, for wliicli we have vouchers. The estimated catch of 2,100 skins, at per net profit 5 dollars per skin, we arrive at as follows : — Dol. c. Ornm value of akina at ., .. .. .. .. ..7 50 Ix'sa olluwcil Indians ppr skin, nrid part of ouliit, consumed in the abape of )>rovi>iuus, &.o. .. ,, .. .. . . ..2 SO 5 00 The items following in Statement are actual. The foot-note also explains itself. The account bears interest at the rate of 10 per cent, per annum until paid. Also if we arc not in a position on tlie l.jth February, 1S89 (the day on which the next .season commences) to send o\it a schooner scaling, we shall incur the same amount of loss next year, and couscfiuciitly arc entitled to the same amount of damages, viz., the net profit on the catch, 10,500 dollars, i'lie same for every ensuing year. We trust these explanations are clear to you, and that you will have no difficulty in placing our claim before the Russian Government. We inclose a letter from Captain Siewerd, promised in his to you of the 20th ultimo, which may, we think, be of assistance in establisliing our claim. We can only ask you to do all in your power on our behalf, and thanking you for the trouble you have already been put to in this matter. Awaiting your advice, we have, &c. (Signed) HALL, GOEPEL, anu Co. Inclosurc 8 in No. G. Statemknt of Claim jnade by Messrs. llall, Goepel, and Co., of Victoria, British Columbia, owners of the Uritisli seiiooner "Araunah," against the Imperial Ilussian Government, for illegal seizure of said scliooner "Araunah" by the steamer " -Vlexander II," in the open waters of the IJehring's Sea, on the 1st dav of July, 1888. C'list of fcliooiici' ready for scit . . . . . . . . . , Outfit fill sialiii); cniizi' .. .. ., .. .. ., K-timnted catch of seiiln (2,1(10), nt per net profit .'j dollars , . Moniys Inid out liy mnntcr while in hands of KtiBaiau (joverninent, fur suh- tsistiMicc cliartjes incuried .. .. ,• ■• VI igus to niasti r iuid crew . . , , , , . , • . Fare of niaster !iail crew from Vancouver to Victoria, Ilritisli Columbia ,. Cost of tranapoitiDg (y Indiau) crew to west coast of Vancouver Island Total Dol. c. H.OOO 00 •J,0:!2 fi> l(i,.3U0 00 180 00 SfiO 13 30 00 2.50 00 21,8J2 75 Bearing interest at the rate of 10 per cent, per .annum, and recurring damages from loss of schooiujr of 10,500 dollars if not paid by the 15th February, 1889, and the same amount for every ensuing year. (Signed) HALL, GOEPEL, and Co., Owners of Britusli iSchooner " Araunah." October 25, 1888. No. 7. The Marquw of Salisbury to Sir R. Morier. Sir, Foreign Office, December 11, 1888. I IIA\T3 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 PetropauioTsk. I am of opinion that the proper coarse will be that you should in the first instance, as you stiggcst, address a note to the Russian Goverumcnt, inquiring whether tlie scliooncr lias hcen condemned by a proper Court, and, if so, requosting to be furnished with the evidence on which the condemnation took place; but, if not, requesting to be informed when the trial will take place, and what facilities will be afforded to the owners for their defence ; and further inquiring into the alleged sale of the ship's stores and provisions before she had been formally condemned. Upon receipt of the reply of the Russian Government, any points of law which may arise upon it can, if necessary, be referred to the Law Officers of the Crow n. Judging from the evidence ot present in the possession of Ilcr Majesty's Govern- ment, the proceedings would seem to call for the fullest inquiry. But 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) SALISBURY. 13 No. 8. Sir R. Morier to the Marquis of Salisbury. — {Received December 17.) (Extract.) St. Petersburgh, December 12, 1888. WITH reference to previous despatches, and to your Lordship's of the 4th instant, transmitting copies of correspondence with tiie Canadian Government on the subject of the seizure of the schooner " Araunah," I have the honour to inclose copy of a letter which I have addressed to Messrs. Hall and Goepel, the proprietors of the ship. I confess that the more I have looked into the case the more I have inclined to the belief that, though the schooner herself was outside the territorial waters, the hunting canoes were either inside the limit or dangerously near to it. Inclosure in No. 8. ' Sir R, Morier to Messrs. Hall, Goepel, and Co. Gentlemen, St. Petersburgh, November 30, 1888. HAVING received the final communication which you had announced from the master of the " Araunah," I have submitted the whole case to a careful examination, with a view to submitting it to the Russian Government. In doing so, however, I have found that there are some points which require elucidation, and respecting which, therefore, I have to request you to give me further information. 1. As regards the positions of the schooner at 7"30. In Mr. Siewerd's declaration it is stated that at 630 a.m. he was distant 16 miles south by west of the southern extremity of Copper Island, at which time he ordered the canoes out for hunting. At 730 A.M., that is, an hour afterwards, tlu; fog having lifted, the schooner was found to be east by .south miles distant from the south point of the island, with tjio canoes out at 2 miles distant fi-om the sloop, one only being as far iis 3 miles. A diagram giving these positions approximately accompanies Mr. Siewerd's declaration, and according to this declaration the space traversed liy the schooner between 0'30 and 7"30 a.m., that is, one hour, must have been 17^ miles, and as the canoes had remained in proximity to the ship, they also, whilst carrying on their hunting operations, must have been drifting at tlie rate of between 15 and 17 miles an hour. The tremendous rn])idity of this current, which it is stated appears 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 " Araunah," had she been fitted out with apparatus for seal-cateliing, anywhere within 100 miles south of Commander Islands. Had he assigned tliis as his true motive for capturing the ship, the case would be a very grave one, but as he has given his motives for capturing the ship in a written declaration, we are bound to go by that, and are not at liberty to go outside this declaration and supersede a document signed and sealed by anything ho may have said vivd voce. It appears to mo 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, hut for seal hunting within the Customs limit of Medncy Island. 13 Now, it appears from the descriptions given by Mr. Siewerd that the seal hunting is not performed by the seal schooners themselves, but by the canoes which are dispatched from them, and I take it that the point that will have to be determined will be whether any of the canoes were within the Customs limit. On this point it appeal's to me that the Petition addressed by Mr. Siewerd to the Governor of Vladivostock is far from clear. He admits that one of his canoes was 3 miles away from the ship, while the ship was 6 miles away from the land, which might bring it dangerously close if not actually on the Custom-house limit. In another portion of the Petition, however, lie seems himself in doubt upon tiic subject, for he says, " If the canoes were found within the Custom-house limits, the foregoing circumstances would explain their presence there." I Mould further add with regard to this Petition that Mr. Siewerd protests " against the accusation made against the schooner tliat she was within the Custom-house limits, id est, less than 3 miles from the shore." As before stated in the only official document which has been forwarded to me, namely, M. Grebnitzky's certificate, this accusation is not made the motive as'-'gncd for her seizure, but that she was seal hunting within those limits, that is, that the canoes were within those limits. The conversation between Siewerd and Captain Gronbcrg, of which an affidavit is given in Mr. Siewerd's letter of the 18th October, throws no light upon the subject, because all that Captain Gronberg vouelisafes to say is that the schooner Mas about east by south and a half south, distant 3 miles from the south-cast point of the island, M'hich might leave her just inside or outside the limit. It is therefore perfectly clear that the ground they will take up will be that the canoes and not the schooner were within the limits. You must, therefore, be prepared with all the evidence you can procure to disprove the presence of the canoes there. 3. Mr. SicM'crd states, in both his declaration and Petition, that the stores, salt, &c., ofthe "Araunah"' were sold at Petropaulovski on no other responsibility than M. Grebnitzky's. No mention, hoMcver, is made of the schooner itself, and I have therefore to request you to inform me M'hether it is within your knowledge that she has been brought, or that it is intended to bring her, before a Court for condemnation, and, in that case, before M'hat Court ? I will, in conclusion, call attention to a slight discrepancy as regards the number of the seal-skins landed at Copper Island, which, in the declaration before Her Majesty's Consul are described as being 136, and in the Petition to the Governor of Vladivostock as 133. I am, &c. (Signed) R. B. B. MORIER. No. 9. Lord Stanley of Preston to Lord Knutsford. — {Received at the Foreign Office, January b, 1889.) My Lord, Government House, Ottawa, November 27, 1888. IIEFERIIING to my despatch of the Gth instant, I have the honour t" 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 "Araunah" in Behring's Sea bv the lussian merchant-steamer " Alexander II." I ilflV6 o&C (Signed) ' STANLEY OF PRESTON. Inclosure 1 in No 9. Certified Copy of a Report of a Committee ofthe Honourable the Privy Council, approved by his Excellency the Governor-General in Council on the 2Gth November, 1888. ON a Memorandum, dated the 22nd November, 1888, from the Minister of Marine and Fisheries, recommending tiiat copies of further correspondence on the subject of the seizure of the British schooner " Araunah " in Behring's Sea by the Russian merchant-steamer "Alexander II" be also forwarded, through the proper channel, to Her Majesty's Government, in conjunction with the Minute of Council of the 22nd October last, on the same subject, the Committee advise that your Excellency [31(51 D 16 be moved to forward copies of !lic papers lici-ewith to the Right nonourable the Secretary of State for the Colonies, for transmissioa to the Foroipn Office, in further support of the claim to be preferred. All which is respectfully submitted. (Signed) JOHN J. McGEE, Clerk. Privy Council, Inclosuro 2 in No. 9. MeBsrs. Hall, Goepel, and Co. to Mr, J. A, Chapleau. Sir, Victoria, British Columbia, October 26, 1888. WE last had tlie 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 considera- tion at the hands of your Government. We now have tlie honour to inclose copy of n letter forwarded yesterday to II. N. Dering, Es([., St. Pctersburgh, Russia; also copy of statement of claim ; as also notarial copy of affidavit ma reclamation ultdrieurc do sa part no serait admise. Plus tard, sans doute, malgrd cet avortissemi it, Mr. Siewerd a adressd une protestation au Gouv(!rncur de Vladivostock dans laquello il a prdtendu que les canots dn schooner confisque, laneds a la mer pour la chasse des olai-ics, no se trouvaient pas a une distance de moins de 3 millcs du rivage. Mais, iiidepcndamraeiit de la question de savoir si e'est iV une portee de 3 millcs sculcment que doivent {^tre dtendu(>s l(.'s eaux territoriales, cette declaration du capitainc .Vnglais perd s:i valour : — 1. Pur le fait qu'ellc est postdricure i\ la signature par lui de I'acte de confiscation dressd dans les conditions dnoncdes plus liaut ; 2. Parce que dans sa mcme prot(!station le Sieur Siewerd semble admcttre lui-meme, quelques lignes plus loin, que les canots de son btUiment avaieat pu ctre troiives par M. Grebnit/.ky en de9a dc la ligne Douani^re des eaux Russes ; 3. Attendu que M. I'lntendant des lies du Commaudcur aflirme catcgoriquement que deux ehaloupes du schooner confisqud se trouvaient h, ime distance d'unc dcuii-mille du rivage, ct qu'a bord du schooner se trouvaient deux otaries non encore eventrees. En gendral, les allei^ations du capitainc de " I'Araunah " par rapport il la position qu'occupaient en mer lo schooner et les canots sont assez vagues et no sont ricn moins que prouvdes. Une considdration qui depose en outre contrc lui, est que son journal de bord, tenu jusqu'a la, a ce qu'il semble, reguli(>rement, s'arr6te i\ la date du 5 Juin, CO qui enl6ve la possibilitd pour lui d'dtablir juridiquemcnt ses dires ct soutenir qu')\ la veillc de la confiscation ct au matin de ce jour-li\ il se croyait en pk-ine mer. Quant au cahier, trouvd dgalomcnt parmi ses papicrs et qui semble lui avoir scrvi, par intervalles, de brouillon pour la tenue de son journal de bord, il ne saurait etre reconnu corame i)i6ce ayant une qualitd juridiquo obligatoire. Votrc Excellence ayant bien voulu dcmander d'etre renscignd sur la sanction qu'avait pu reccvoir ultdrieurcmcnt I'acte de confiscation prononcd par M. Grebnitzky, je crois devoir vous faire part de co qui suit. M. Grebnitzky s'dtaient empresse de prdsenter un Rapport ddtailld de TafTaire, avec les pieces il I'appui, h. M. le Gouvcmeur-Gdndral de rAmour; celui-ci, aprt^s examen, a reconnu que la conduite tenue par cet Agent avait dtd tout h fait rdguli6rc, et en vertu des pouvoirs qui lui appartenaient, a donud a la mesire de confiscation la sanction de I'autoritd administrative supdrieure. Pour ce qui est de la vente faito par M. Grebnitzky des provisions dc bord, 19 aj)rt>s bord. trouvdes par lui sur " I'Araunah," cet Agent expose dans son Rapport qu'il j aitA pour les motifs suivants. N'ayant pas h sa disposition la sommo n^cossairo pour cxpiSdier i\ Vladivostock r<5quipago de " rAraunah," M. Grebnitzky a dft veudre aux enciiftres, eu remplissant Ics formalit«Ss voulues, les ditcs provisions; avec une partie de I'argont rctin^ do cette vente il a pay«i le transport de I'dquipaf^c, et lo restc a i5tt5 remis ii la Tresorerio locale. Tellcs sont, M. TAnibassadour, d'apriNs les donn<5e8 fournies par I'autoritc locale, les conditions dans Icsquelles s'est accomplie eette affaire. En terniiuant je me permettrai de relever encore ce qui suit. Le Gouvernoment de 8a Majestd Britanniquo n'ignoro pas que les biltiments so livrant sans permission dans ces parages il la chasse dcs otaries causeiit a I'industrie locale dcs dommages incalculables. II a rcconuu lui-m6m(! I'urgence des mesures destinees h mettre fin u un pareil 6tat de cboses, et il est ii regrettor que les ndgociations cntamdes k Londres sur eette mati^re n'aient pas abouti jusqu'il present. En portant cc qui ])rec6de a votre coniiaissance, je saisis, &c. (Signd) GIERS. (Translation.) M. I'Ambassadeur, Foreign OJice, St. Pelemhurgh, August 4 (16), 1889. I RECEIVED in due course your Excellency's note dated tbe 13th (25th) [? 18th (30th)] December, 1888, lespecting the affair of the Britisli schooner " Araunab," confiscated by tbe Russian authorities for being engaged in sealing in the neighbourhood of the Island of Mednoy. Your Excellency having requested (o bo provided with such information as the Imperial authorities may bo able to furnish upon this point, I have the honour to communicate to you the facts which have been transmitted to mo by the Governor- General of tbe Amour with regard to the matter. Your Excellency will, I hope, bo convinced by them that the conduct of the Russian authorities was perfectly regular. First, as regards the pith of the whole matter, viz., the confiscation of the British ship, this proceeding is entirely justified by the fact that the " Araunah" was engaged in sealing within the limits of our territorial waters. The file of pajjcrs communicated by the Governor-General, and especially the Report of the officer who proved that the vessel bad been captured in tbe act, viz., il. Grebnitzky, the Superintendent of the Commander Islands, leave no doubt upon this point. Besides, another document belonging to the same file renders it impossible for tlie captain of the " Araunah " now to deny the regular nature of the seizure : I mean tlio deed of confiscation, which was drawn up by M. Grebnitzky and countersigned, without any protest, by Mr. Siewerd, though, as is proved by a statement written on the said deed by Mr. ilalo- vansky, an American citizen, who was present at tbe time, he had been warned by the Russian Agent that on affixing his signature, be (the English captain) must mention any claims which ho might have to raise, as no later claim would be recognized, if this formality was not fulfilled. It is true that Mr. Siewerd, in spite of tbe wt 'ning, subsequently addressed a protest to the Governor of Vladivostock, in which be asserted that tbe canoes of the confiscated steamer, wliich had put to sea after fur-seals, were not within a distance of 3 miles of the shore. But, apart from the question whether teiTitorial waters only extend to a distance of 3 miles, the English captain's declaration is valueless for tbo following reasons : — 1. Because it is subsequent to the signature by him of the act of confiscation drawn up under the conditions stated above. 2. Because in this same protest ilr. Sicwei'd himself seems to admit, a few lines further on, that the canoes may liave been within the Customs line of the Russian waters. 3. Because the Superintendent of the C ;mniander Islands affirms categorically that two boats of the schooner \vere at a distance of iialf-a-mile from the shore, and that two seals not yet disembowelled were found on board the schooner. Generally, the statements of the captain of the "Araunah " as to the position on the sea occupied by the schooner and the canoes are very vague and very far from being proved. Besides, an argument against bini is that the log-book, which seems till then to have been regularly kept, stops at the date of the 5th June, which makes it impossible for the captain to establish liis assertions judicially, and prove that on the eve of the confiscation, and on the moiaing of tlu' day, he believed himself to be on so the high sea. As for his diary, which was also among his papers, and seems to have heen occasionally used hy him for rough copies of the entries in the ' -book, that cannot be admitted as a document laving any obligatory judicial weight. The following is in answer to your Excellency's request to bo informed what sanction the deed of confiscation pronounced by M. Grebnitzky subsequently received. M. Grebnitzky lost no time in presenting a full Report of the matter, with documentary evidence in support, to the Governor-General of the Amour ; and the latter, after examination, declared the Agent's beliaviour to have been absolutely regular, and, in virtue of his powers, gave to the deed of confiscation the sanction of the superior administrative authority. For the sale by M. Grebnitzky of the provisions which he found on board the " Araunah," the Agent gives in liis lleport the following reasons : — As ho had not at his disposal the sum necessary for sending the crew of the " Araunah " to Vladivostock, M. Grebnitzky had to sell the said provisions by auction, after going through the proper formalities. With part of the proceeds he paid the journey of the crew ; the remainder was paid into the local Treasury. Such, M. I'Ambassadeur, according to the statements of the local authorities, are the conditions under which the affair took place. I take the liberty, in conclusion, of calling attention to the following point: — The Government of Her Britannic Majesty are well aware of the incalculable damage done to local industry by vessels engaging without jjermission in fur-sealing in these waters. They have themselves recognized the urgent need for measures to put an end to such a state of things, and it is to be regretted that the negotiations commenced witli regard to this matter in London have till now reniainecl without result Having thus brought these facts to your notice, I take, &c. (Signed) GIEllS. No. 12. The Marquis of Salisbury to Sir R. Morier. Sir, Foreign Office, October 3, 1889. I DULY received your Excellency's despatch of the 20th August, contauiing the reply of the Russian Government to the note which you had addressed to them on the SOtli December last respecting the cn.se of the schooner "Araunah," which was con- flcsated in July 1888 by M. Grebnitzky, the " Superintendent of the Commodore Islands," for unlawful seal-himting in the proximity of Copper Island. Rofore Her Majesty's Govenunent can form any decided opinion as to their future action in the rase, it is necessary that they should be furnished with fuller information than tbcv now poRst>ss on the following points : — 1. A.s to the legal position and authority of M. Grebnitzky. It appears that he described himself in tlic certificte dated the 19th June (1st July, 1888), as " Superiu- tendi^nt of the Commodore Islands," acting "in accordance with the order of the Governor-General, and Uie Notice issued by the Imperial Russian Government against illegal hunting and fishing with the limits of Russian territories in the Pacific Ocean," and in M. de Giers' note, inclosed in your despatch under rej)ly, the " Araunah " is spoken of as " confisf|u6 par Ics autorit^s Russes." I should be glad to know the exact position of this oflicial, and under what authority ho acted throughout in the matter. 2. What were the grounds and authority upon whicli the seizure of the " Araunah " was made by the " Ahixander II " ? This latter vessel is described as a stivirner belong- ing to the Alaska Commercial Company of San Francisco. She is stated to have been flying the Russian menihant ensign at the peak, and a gre(!n flag ynt\\ white cross at the main, I should oe glad to know whether this latter flag, which is now superseded by a blue one, had ceased to be the Russian Imperial Customs flag at the time the seizure was effected, viz., July 1, 1888, and what was the actual date on which the change was made. 3. I should also be glad to be furnished with a copy of the Russian Law, il such exists, conferring upon the Governor-General of Amour the power of pronouncing a Decree of Confiscation upon vessek seized on timilnr grounds tg tho "Araunah," 21 without the intorvention of any legal Tribunal, or regular hearing of the parties implicated. And, finally, I should wish to see a translation of any fishing or hunting Laws ^r Customs liegulations which the Russian Governinont may inform you are applicable to the case. I have to request your Excellency to endeavour to obtain the information and documents mentioned above, together Avith any further explanations which you may think useful, with a view to obtaining an opinion from the Law Officers of the C.own on the legal aspect of the case. I am, &c. (Signed) SALISBURY. No. 13. The Marquis of Salisbury to Sir R, Morier. Su', Foreign Office, February 14, 1890. I SHOULD be glad to know whether j'our Excellency has been able to obtain the further information in connection with the case of the " Araunah " asked for in my despatch of the *ivd O. :ober last. I am, &c. (Signed) SALISBURY. No. 14. Sir /?. Morier to the Marquis of Salisbury. — {Received February 24.) My Lord, St. Pelershurgh, February 19, 1890. WITH reference to your Lordship's despatch of the 14th instant, I have the honour to state that I have as yet failed to obtain from the Russian Foreign Office the additional iuformatiiju your Lordship asks for respecting tlu; case of the " Araunah." I wrote a note verbale on the subject upon receipt of your Lordship's despatch of the 11 th December, 1888, and after an interval I left a Memorandum on the subject with M. de Giers. I shall now address a formal note on the subject, with, I hope, better results. I have, &c. (Signed) R. B. D. MORIER. No. 16. Sir R. Morier to the Marquis of Salisbury. — (Received March 24.) My Lord, St. Pitersburgh, March 19, 1890. WITH reference to previous correspondence, I have now the honour to transmit to your Lordship herowith copies of the note verbale which I addressed to M. do Giers on the 21st October last, embodying the queries respecting the "Araunah " contained in your Lordship's despatch of the 3rd October last, and of a note from M. do Giers, dated the 16th instant, in which answers to these queries arc furnished. Your Li^rdsbip will perceive that query No, 3 of my note verbale, in which I ask to be furnished with the text of the Russian Law conferring upon the Governor-General of the Amour the power of pronouncing a Dccreo of Confiscation upon vessels seized on similar grounds to tho "Araunah," apparently without the intorvention of any Court ™ of Law, is left unanswered, and that there is only tho statement of fact that " toutes les causes resultant de I'applioation dos nNglements ci-dessus mentionucs sont du rossort du Gouvcrnour-G6n6ral de 1' Amour qui en decide on derni6re instance." It can bo safely assorted that the invostituro of tho Governor-General with these prerogatives rests upon no law properly speaking, but is tho result of administrative aiTangemonts emannfing directly from the Sovereign in tlio oxorciso of his executive power. I have, &o. (Signed) R. B. D. MORIEE. '■- 22 Inclosure 1 in No. 15. Note Verbale. HER liritaniiic IHrajcsty's Ambassador has the lionour to present his compliments to his E^rcellency the Imperial 'ivtinist'»r for Foreign Affairs, and to inform him that ho has received a despatch from Ker Majesty's Secretary of State rcspectinji; the con- fiscation of the schooner " Araunah," in which the Marquis of Salisbury states tliat Her Majesty's Government do not feel able to appreciate the considerations put forward by the Imperial Government in their note of the 4th (I6th) August last without fuller information than they at present possess on the following points : — 1. What is the exact position of M. Grebnitzky, described as "Superintendent of Commander Islands," and under what autliority he acted throughout in the matter ? 2. What were the grounds and authority upon which the seizure of the "Araunah" was made by the " Alexander II " ? This latter vessel is described as a steamer belonging to the Alaska Commerrial Company of San Prancisco. She is stated to have been flying the Russian merchant ensign at the peak, and a green flag with a white cross at the main. Lord Salisbury would be gla(l to know wliether this latter flag, which is said to be now superseded by a blue one, had ceased to be the Russian Imperial Customs flag at the time the seizure was effected, viz., the 1st July, 1888, and what was the actual date on which the change was made r 3. Lord Salisbury would also be glad to be furnished with tlu; text of the Russian Law conferring upon the Governor-General of the Amour the power of pronouncing a decree of confiscation upon vessels seized on similar grounds to the " Araunah," without apparently the intervention of any Court of Law, or regular hearing of the parties imj)licated. Her Britannic Majesty's Ambassador has accordingly the honour to request his Excellency the Minister of Foreign Affairs to be good enough to enable him to furnish Her Majesty's Government with the information they desire, and Sir Robert Morier seizes the opportunity to renew to M. de Giers the assurance, &c. Brilish Embassy, St. Petersburgh, October 9 (21), 1889. Inclosure 2 in No. 15. M. de Giers to Sir R. Morier. M. I'Ambassadeur, Saint-Pe'tersbourg, le 3 (15) Mars, 1890. VOTllt! Excellence a bicu voulu me remcttrc a la date du 9 (21) Oetobrc dernier une note verbale dont il r^sulte que le (rouvernemcnt de Sa Majestd la Rcine est desireux d'obtenir des informations supplementaires au sujet de la saisio do la go61ette " Araunah." Les points sur lesquels le Gouvernement de la Heine tiendrait h ^!trc ren.scigne etant sp(5cifl(5s dans la note en question, jc me fais un devoir dc vous communiquer ee qui suit : — 1. il, Grebnitzky, en sa qualit(5 d'lntendant des lies du Connuandeur, est charge dc radministration de ce tcrritoiro, et il relive directomcnt du Gouvcrneur Militairc de la Province Maritime. C'est il lui aussi qu'ineombe le devoir de vciller a I'applica- tion des Ri^glemcnts qui intciilisent aux navires etrangers, qui nc seraient pas munis d'une autorisation spdciale emance du Gouverneur-G6n6ral de 1' Amour, d'exerccr le commerce, la chasse, ainsi que la peehe dans les eaux territoriales des Ilos du Commandcur. 2. A dt'faut dc navires de guerre, I'autoritd locale a le droit d'eraployer, pour faire respecter les Ri'^glements ci-dessus mentionnes, des navires marchands, ([ui, dans CCS cas, ont a Icur bord ime garde militairo, et sont munis d'instructious sptjcialos. Le bateau a vapour " Alexandre II," h bord duquel «e trouvait AI. Grebnitzky au moment de la saisie de "1' Araunah," 6tait justement charge i\ cetto (5poquc dc la surveillance duns les eaux des lies du Commandcur. 3. Lo pavilion Vouanier Russo n'a pas &t6 chang6 ; ot 4. Toutes les causes rdsultantdo I'applicntion dew Ri^glements ci-dessus raentionnds sont du rcssort du Qouvcrneur-Qt5n6ral do I'Amour, (jui en decide en dernii^ro instance. Conformdment h cet Article les pitices relativi^s i\ la saisio do "1' Araunah" ont 6t6 transmises a M. 1' Aide-de-camp Gi^ndral Baron Korf, qui, apr6s avoir examine les procte-verbaux dress^^ par H. Qrebnit^kjr, ainsi quo les requites du capitaine du 23 navire en question, a reconnu que la saisic avait 616 op6r(5e dans les conditions prdvues par les ll6glements. ct a prononcd la confiscation do " I'Araunah." JSnftn, pour satisfaire au d6sir expose dans la note verbale de votre Excellence du 9 (21) Octobrc dernier, je me fais un devoir de vous transmettrc ci-apr6s une traduction Anglaise du Rdglemcnt relatif h. la prohibition du commerce, de la chasse, et de la peclie dans les caux territoriales Russcs de I'Ocdan Pacifique. Dans le but de pr6venir dcs infractions h, ce llt^glement le Gouvernement Imperial a cu soin de le faire publier en 1882, par I'interraddiaire de ses Agents Consulaires, a San Francisco, ainsi que dans les ports du Japon ouverts au commerce stranger. Veuillez, &c. (8ign(5) GIERS. (Translation.) M. I'Ambassadeur, St. Petershurgh, March 3 (15), 1890. YOUR Excellency was pleased to communicate to me on the 9tii (2lst) October last a note vrrltule stating that Her ilajcsty's Government is desirous of obtaining fiirtlier information on tiie subject of tiio seizure of the schooner " Araunah." As tlie points on which ller Majesty's Government wish to be furnished witli information are specified in the note in question, I have tlic honour to communicate to you the following : — 1. M. Grelinitzky, in his quality of Superintendent of the Commander Islands, is charged with the administration of that territory, and he is directly responsible to the Jlilif ary Governor of the Maritime Province. It is also his duty to see to the applica- tion of the Regulations which prohil)it 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 ships of war, the local authority has the right of employing, to enforce the ribovc-mentioncd Regulations, merchant-ships, which, then, have on board a military guard, and are furnished with special instructions. The steamer "Alexan- der II," on board which M. Grebnitzky was at tl'.e moment of the seizure of the "Araunah," was so charged at this time with i,ne police of the waters of the Com- mander Islands. ;i. The Russian Customs flag has not bee i clianged. \. All the legal eases arising out of the application of the Regulations above mentioned are within the jurisdiction of the Governor-General of tlie Amour, who decides on them in the last instance. Comformably to this Article, the documents i-elating to the seix.iro of the " Araunah " were sent to Aide-de-camp G<'ncral Baron Korf, who, after having examined the proch-verbmix drawn up by M. Grebnitzky, as well as the deiuaud of tl'.e captiiin of the vessel in question, decided Ihat the seizure had been made under tiu; conditions provided for by the Regulations, and pronoimccd the confiscation of tiie " Araunah. I'iiially, to satisfy the desire expressed in the note verbale of your Excellency of the !)tli (2lst) October last, I have the lioiioin- to transmit to you an I'iiiglish fn.nslation of tiie Regulation relative to the prohibition of trading, hunting, and fishing in the territorial waters of Russia in the Pacific Ocean. With the object of pi-eventing the Imperial Government took care to ])ublish it, in -fonts in San Erancisco, as well as in the Japanese jiorts infractions of this Regnlaf io; 1882, through their Consular open, to foreign commerce. Accept, &c. (Signed) GIERS. Inclosurc 3 in No. 15. Notice. THE Russian Imperial Government Insreby publishes for general knowlcdgi; the following: — 1. Without a special permit or licence from the Governor-General of Eastern Siberia, foreign vessels are not allowed to carry on trading, hunting, fishing, &c., on tbo Russian coast or islands in the Okhotsk and Jjohring'a Seas, or on the north-east coast of Asia, or within tlicir sea boundary-line. 1 3101 ^ 24 2. For such permit or licences foreign vessels should apply at Vladivostock exclusively. 3. In the port of Petropaulovski, though heing the only port of entry in Kamtchatka, such permits or licences shall not be issued. 4 So permits or licences whatever shall he issued for hunting, fishing, or trading at or on the Commodore and Rohhen Islands. 5. Toreign 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 should 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 with proper instructions. time by pres the repr No. 16. The Marquis of Salisbury to Mr. Gosling, Sir, Foreign Office, May 9, 1890. I HAVE carefully considered, in communication with Her Majesty's Secretary of State for the Colonies, Sir Robert Morier's despatch of the 19th March last, and the note of M. de Giers inclosed tliereia, furnishing further information in regard to the seizure and confiscation of the British schooner " Araunah," when engaged in seal-hunting in the neighbourliood of Copper Island, a possession of the Russian Empire in tlie neighbourhood of Behring's Sea. The whole of the correspondence which has passed in regard to this case has been submitted to the Law OfiBcers of the Crown for their opinion upon the points of law involved. It would appear from M. do Giers' note of the 3rd (15th) March that the Government of the Province of Amour, in which the Commander Islands (Copper Island forming one of that group) are included, is a purely military one, and that, subject to the supervision of the Governor-in-cliief, the Intendant of the islands is the solo judicial as well as executive officer. Her Majesty's Government are advised that a private vessel, with a duly authorized officer on board, and flying a proper flag, and under special instructions, may lawfully make a seizure such as the seizure made in this case by M. Grebnitzky. Th y are further advised that there is nothing inconsistent with international law in the establishment by the Russian Government of such Tribunals as those indicated by the procedure in the case of the " Araunah." So far, therefore, as the mode of proceeding is concerned, there appears to be no sufficient ground on which a protest or claim for compensation could he based. With regard to the grounds on which confiscation was decreed, it is to be remembered that the master of the " Araunah " does not deny the statement of M. Grebnitzky that he signed the act of confiscation, which involved an admission of the alleged oifence, and this without any intimation that he intended to protest against the decision, although he was duly warned that he ought then to submit any protest which he intended to make. The evidence as to the actual position of the " Araunah " and her canoes at the time of the seizure is very conflicting. The master of the vessel says in his letter of Iho 29th October, 1888, that his ship was 8 miles ofl" the southern er.tremity of Cojjjjcr Island, but in his earlier telegram of the 9th August, 1868, ho speaks of being within 6 miles of the southern extremity of the island. The captain of the " Alexander II " says that the " Araunah " was within 3 miles of the island, while the second officer of the first-mentioned vessel puts the distance at from 6 to 7 miles. The canoes were out to the south and west of the vessel, that is to say, between it and the island, one of them, at least, at a distance of not more than 3 miles from it, and in M. de Giers' note of the 4th August, 1889, it is stated that M. Grebnitzky categorically affirms that two of the canoes were witJiin half-a-mile of the shon;. Her Majesty's Government are of opinion that, even if the " Araunah " at the 2u time of the seizure was licrself outside the 3-miIe territorial limit, the faet that she was by means of her boats carrying on Eshing witliin Russian waters without the prescribed licence warranted her seizure and confiscation according to the provisions of the municipal kw regulating the use of those waters. They do not, therefore, as at present advised, propose to address any further representation to the Russian Government in regard to this ease. I am, &o. (Signed) SALISBURY. s ■^ s (* »• 00 !? ■ S- 3 1 — • C ** s s 1 3 5- =• c a c ■ a c ■ c a 5 a '