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Les diagrammes suivants illustrent la mAthode. irrata to pelure, n d n 32X 1 2 3 1 2 3 4 5 6 BI [C— 62 UNITED STATES. No. 1 (1891). FURTHER CORRESPONDENCE HE8PECTING THE BEHEING SEA SEAL FISHERIES. Presented to both Homes of Parliament by Command of Her Majesty. March 1891. LONDON: PRINTliU FOK HEK MAJKSTY'S STATIONKilY Ori'ICE ' BY HARRISON ANU SONS, ST. MARTIN'S LANE, ■ ■ PRINT»Il« IN ORDINARY To HRR MAJIfSTY. And to be purchased, either din-etljr or throi^-h any Ilooksoller, from BYRE AND SPOTTISWOODE, East Harding Strebt, Flkkt Str«kt, 15.C. JOHN MENZIES & Co., 12, Hanovkr Strekt, Kdinbdruh, Iko 21, UruRV StRKKT, Cil.A.llillWi fH HOBGES, FIGGIS, & Co., 104, Grafton Strut. Dbblin. [C— 62.'J3.] Price Is. 2d. No. 10 11 12 13 14 15 IC 17 18 19 20 ,21 22 23 24 25 26 TABLE OF CONTENTS. Name. Date Sir J. Pauncefote .. July 4, 1890 28, j Aug. 14, Admiralty . , Sir J. Pauncefote , , , Sir C. Lampson and Co. To Sir C. Lampson and Co. Admiralty . . , Mr. Winton .. , To Mr. ^Vinton . . Sir J. Pauncefote . . II )> •• Admiralty .. To Sir J. Pauncefote 28, July I , ; Sept. 24. 9, 9, 3, 10, II, 19, Oct. 4, 22, Sir J. Pauncefote .. . . ' Kov, (Telegraphic) 1 I II . . II •• Dec. )> ,1 Sir C. Lampsun and Co. To Sir J. Pauncefote Colonial Office ., To Sir C. Lampson and Co. . . Colonial Office .. ., Sir J. Pauncefote .« [96] Jan. 12, 7, IG, 19i 30, 30, 31, 2, 2, 8, 6, 1891 .'^tl B,l KC T. I Page Proposed temporary exclusion of British sealers from Behring'a Sea. Mr. Blaine's reply to note of 27tli June (see " United SUtes No, 2, 1890," p. .510) .. .. .. .. ■■ I 1 Negotiations of 1888. Correspondence with Mr. lilaine (see "United States No. 2, 1890," pp. 491 and 493) . . . . . . . . I 2 Note lo Mr. Blaine communicating despatch of 2nd August on general question (see " United States No. 2, 1890," p. 512) .. ..5 Movements of sealers in Behring's Sea. Letter from Commaniler-in-chief on Pacitic Station from Esquimau .. .. .. ..6 Geii'jrnl observations on Cuursc of negotiations and present state of question . . . , . . 8 Decrease of fur-seals. Close time necessary to prevent extinction . . .. .. .11 .\clinowledges receipt of above. . .. ..II Movements of scaiers in Behring's Sea. Telegram from Commander-in-chief on Pacitic Station at Victoria . . . . . . ..11 Comparison between the Behring's Sea and North .'\tlantic seal fisheries .. .. .. 12 Acknowledges receipt of above . .. ..It Sends Bill to amend the Act providing a Civil Go vernment for Alaska, with proposal to confer jurisdiction on Supreme Court . . . . 14 Notes on Mr. Blaine's interpretation of Mr. J. Quincy Adams' despntche* on Russian Ukase of 1821 .. .. .. .. .. 15 Movements of sealers. Letter from Commander- in-chief on Pacific Station reporting their return from Behring's Sea. Two-thirds of the catch said to be female seals . . . . ■ . 17 Return of sealers. Telegram from Commander-in chief on Pacific Station .. .. .18 Answer to No. 2. Negotiations of 1888. States recollection of what passed. Question considered unimportant .. .. .. ..18 Mr. Hlaine reminded of proposal for arbitration. He is writing a reply to despatch of 2nd August 19 American sealing nchooner " Sylvia Handy." Sends transcript of record in appeal case . . . . : 19 Refers to No. !5. Negotiations of 1888. Des- i pstch of 2'Jnd October communicated to Mr. i Blaine, owing to appearance of article iu "New York Tribune " referring to subject . . . . 30 Mr. Blaine's note dated 17th December on general question, in reply to despatch of 2nd August i (see "United States No. 2, 1890," p.612). Terms I on which United States will accept arbitration . . ' 37 Refers to No. 6. Increase in seal catch. Fear of | extinction. Reported intention of United States' ' Government to raise duly on British manu- factured skina. Urges speedy settlement of dis-! pute ,. .. .. .. .-64 Answers No. 18. Negotiations of 1888. Approves language to Mr. Blaine . . . . . . 05 Refers to No. C. Apprehended extinction of seals. Minute of Canadian Government on Messrs. Lnmpsons' statements .. .. ..,65 Acknowledges receipt of No. 20 . . • • I 76 Progress of negotiations. Despatch from Canada ! with comments of Canadian Government . . I 76 Catch of seals in season of 1890. IMinute of Canadian Privy Council, with letter from Col- lector of Customs in British Columbia . ..77 President's Mess.nge to Mouse of Representatives, with correspondence eince 23rd July, 1890, on general question . . . . . . . . 84 No. 27 Sir 28 Col TABLE OF CONTENTS. No. 27 28 Name, Datp. Sir J. Pauncefote (Telcgrapliic) I Jan. 30, 1891 Colonial Office 29 Sir J. Pauncefote . . (Telegraphic) 30 To Sir J. Pauncefote (Telegraphic) 31 29, Feb. 9, 10, 21, SuilJStT. Page Statement in "Times "of 5lh January, respecting naval preparations of United States in Pacific, denied by Mr. Blaine . . . . . . 84 Despatch from Canada, with Report by Minister of Marine on Admiralty Report respecting seal- fishing (sec No. 1s wliich I addressed to the Secretary of State on receipt of your Lordsliip's desiiatehes of the I'Olii June* and of the 21st .liuie Inst.t «nd of the rei)iy thereto which f hav(> received from .Mr. lUniiie. The reply a))])ears as the last paper in the correspondence relatini^ to the J5eln'inu;'s Sea fisheries which has just been sent to the House of ilepi'esentatives. ;Xrr. tihiiiu' contends that a Convention was actually agreed on ix'tween your Lordship and ^fr. I'helps on th(> 2.'ith Pchruary, 1S88, excej)t as to details, and he asks Great Britain to adhere to that Ajrreeinent. lie states that the interposition of Canada, to which he attrihutcs its ahandonnu-nt hy Her Majesty's (iovernnicnt, was, in the President's belief, '■ a ^M'ave i'linstiee to the Government of the Uniti'd States." It would seem, however, that ^Ir. l'liel()s did not consider that any A!,'reement had resulted from the comnuinications Avhieh i)asscd between him aiul your fiordslii]) on the 2r)th February, for on the 2Sth -iuly, according; to Mr. Wainc, he telegrajjlu'd to his (iovernmcnt (ixprcssiuij the " fear that owing to Canadian opposition wc sludl get no Convention." It was never suggested at that period, or at any period between the dose of tlie London negotiations of 18)^S and the renewal of the negotiations in Washington, tliat any Agreement existed between the two (iovernments in relation to the fur-seal tisheries beyond a comnum desire to adopt all jueasures shown to b(! necessary for {\w preservation of the fur-seal si)ecies, whicli was said to be in danger of extincfioii. If any such Agreement as is ap]iealed to by ilr. Hlaino did exist it is difTicult to imderstand Avhy the negotiation was irnewcd in AYasliington with the object of inquiring into th(> evidence and of endeavouring to arrive at a ('(uiclusion ;is to the extent of the alleged evils of pelagic sealing ntid the measures to be a(l(>))tcd for the preservation of tlie fur-seal species. On this jxiint I would refer to Mr. tSiaine's note to mc of the 1st Z^fareh, 1S9(>, transmitting tlie evidence relied on by his Government in suppcu't of their conter.tion, and of whicii a printed copy was inclosed in my despatch t" your Lordship of tlie l.')th April last. J I have, &c. (Signed) JULIAN PALTNCl- IxyPE. Inclosiir(> 1 in Xo. 2. Sir J. Painicefotc to Mr. Blaine. Sir, mixhinijtoii, June 30, 1890. IN your note of the 20th ^fay hist,§ which I duly transmitted to the Marquis of Salisbury, there are several references to communications which passed between the two Governments in the time of your predecessor. I liavc noAV received a despatch from Lord Salisbury, § copy of which I have the honour to inclose, pointing out that there is some error in the iin]n'essions Avhich you have gathered from the records in the State Department with respect to those communications. I have, &c. (Signed) JULIAN PAUXCEEOTE. • See " United Statet No 2 (1890)," p. 491. J Ibid., p. 423. g Il)td t 'bid., p. 493. p. 475. Inclosurc 2 in No. 2. Sir J. Pauncefote to Mr. Blnine, Sir, Wasliiiiijtoti, Juiw IM), 1S!)(). I HAVE rcooived a d»!S))atch from the ^[arquis of Salisbiirv, with rcftn'oiicc to tiio passaijo in your iiotc^ to me of tiio Itli instant, in wliich jou remark that in ls48 liis Lorilsiii|) abruptly closod tho nci^otiations hccauso "tho Canadian (lovcrnmc-nt objected," and tliat he "assiijncd no otlier reason wliatevcr." In view of tlic observations contained in Lord Salisbury's despateli of tiio •20th June, of which a copy is inclosed in uiy last precedinty note of this date, his lionlship deems it unnecessary to discuss at any ;;reat(!r lens^'th tho circumstanciss which led to an iiderruption of the nei^otiations of IHSS. AVith rei^ard, liowevcr, to the passai^e of your note of the Ith instant above referred to, his Lordsliip Avishes me to call your attention to the following statement made to iiini l)y Mr. IMielps, the United States' Minister iu London, on tlie .'Jrd April, 1S8H, and whicli was recorded iu a despatch of the same date to iler i[-iesty's .Minister at AVasliingtcm : — "Under the ])ecu'iir ])olitical circumstances of America at this moment," said yiv. l'he]|)s, " with a general election impending, it wouhl be of little use, and, indeinl, liardlv practicable, to conduct any uegotiaticm to its issue before the election had taken place." I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure 3 in No. 2. Mr. Blaine to Sir J, Pauncefote. Sir, Bar Harbour-, Maine, .hily 10, 18!)0. I lU'ltiHE'r that circumstances l)eyond my control have postponed my re])ly to your two notes of the .'50th .lunc, Avhich M'ere received on the 1st instant, on the ev(? of my hviving Washington for this place, 'the note; which came to hand on the fore- aoon of that day incdosed a despatch from Lord Salisbury, in which his Lordshij), referring to my note of the 2!)th May, expresses " a wish to point out some errors " wliich he thinks I " had gathered from the records iu my Oflice." The purpose of Lord Salisbury is to show that I misapprehended the facts of the case wIkmi I nipresented him, in my note of the 2!)th ilay, as having given such " verbal assurances ' to Jlr. I'helps as warranted the; latter in expecting a Coiiventiou to be concluded between the two Governments for the protection of the seal lisheries ill I3ehring's Sea. Speaking directly to this point, his Lordship says : " ]\[r. JJlaiue is under a mis- conception in imagining that I ever gave any verl)al assurance or any promise of any kind with respect to the terms of the proposed Convention." In answer to this statement, I beg you will say to Lord Salisbury that I sim]dy quoted in my note of the 29tli May the facts communicated by our Minister, Mr. Phelps, and our Charge d'Affaires, Mr. "VVhite, who are responsible for the official statements made to this (Jovernment at different stages of the seal fisheries negotiation. On the 25th Eebruary, 1888, as already stated in my not(? of the 2!)tli May, ilr. Pheljis sent tho following intelligence to Secretary Bayard, viz. : " Lord Salisbury assents to your proposition to establish, by mutual arrangement between the Govern- ments interested, a close time for fur-seals, between the 15th April and the 1st November in each year, and between 100° of west longitude, and 170° of east longitude in the Behring's Sea. And he will cause an Act to be introduced in Parliament to give elfect to this arrangement so soon as it can be prepared. In his opinion there is no doubt that the Act will be passed. He will also join the United States' Government in any preventive measures it may he tliought best to adopt by orders issued to the naval vessels of tho respective Governments in that region." Mr. Phelps lias long been known in this country as an able lawyer, accurate in the use of words, and discriminating in the statement of facts. The Government of the United States necessarily reposes implicit confidence in the literal correctness of the despatch above quoted. [95] B 2 Some time after the forcijniivg conference botween lionl Sulisbury niid Mr. I'liclps Imd taken place, liis Ijordsliip invited tlio Itnssian Anihnssndor. M. de Staal, and tlie American Cliari,'e, Mr. Wliite (^fr. J'liel|>s l)eintr n))sent from London), to a confcieiuT held at the Toreii^n Odicc on tiie Kitli Aiiril, touchini; the l<(dirin!;'s Sea controversy. This confercnc(? was reidly called at the request of the IJiissian Amhassador, who desired that Htissian rii,'hts in the Uehrin^'s Sea shonhi he as fidly recoi^ni/ed hy Km^land as American rii^hts had l)cen recoijnized in tin' vei'i>al Ai^reenif^nt of the 'JSth IVIjruary between Lord Salisbury !\nd y\v {'helps. Tiie Kussiai\ Ambassador I'cceivod from liord Salisbury (be assuraiuM; (valuable also to the United States) that the protected area for seal life should be extended south ward to the t7th dei^ree of north latitude, and also the promise tiiat he would have a draught [.v/c] Convention prepared for submission to the lliissian Anibas.sador and tlio American (Jharge." Lord Salisbury now contends that all tin; proceedings at the ('onfi>ronc(! of the Kith April are to he. regarded as only " pro\ision!il, in order to furnisl> a basis for ne<,'otiation, and without definitividy pledging our (Jovernment." Whili' the under- standing of this (iovernment dilTers from that maintained by Lord Salisbury, [ am instructed by the President to say that the I'nitcd States is willing to consider all the proceedings of the Kith Ajjril, ISyS, as (lancolhvl, so far as American rights may ho concerned. This Government will ask (Jreat Britain ♦^o adhere only to tin; Agreement made between Lord Salisbury and ^fr. I'helps on the 2.')th l''(d)ruary. 1S8H. 'J'hat Mas an Agreement made directly between the two Governments, and did not include the rights of Russia. Asking Lord Salisbury to adhere to the Agreement of the 25tb l"'ebruary, we leave the Agreement of the; Kitl: April to be maintained, if main- tained at all, by Russia, for whose cause and for whose advantag(! it was particularly designed. While Tjord Salisbury makes a general denial of having given " verbal assurances," he has not made a special denial touehing the Agreenu>nt between Idmself and !Mr. Vbelps, which 51r. l'hel])s has reported in special detail, ;ind the cor'-cctness of •which he has since specially atlirmed on more than one occasion. In your seccmd note of the 30th June, received in the afternoon of the 1st July, you call my attention (at Lord Salisbury's request) to a statement which I made in my note of tlu' 4th June, to this effect : — " It is evidipt, therefore, that in 18SH Lord Salisbury abruptly closed the gotiation because, in his own pln-ase, ' the Canadian Government objected.' " To show that there were other causes for closing the Tiegotiation, Lord Salisbury desires that attention be called to a remark made to him by Mr. Phelps on the 3rd April, 1888, as follows: "Under the peculiar circumstances of America at this moment, with a general election impending, it would be of little nse, and indeed hardly practicable, to conduct any negotiation to its issuer before the general election has taken place." I am quite ready to admit that such a statement made by Mr. Phelps might now be adduec(l as f)ne of the reasons for breaking olT the negotiation, if, in tact, the negotiation bad been then broken oil". Rut Lord Salislmry immediately proceeded with the negotiation. The remark ascribed to ilr. Phelps was ma had apjiointcd a meeting for the 10th April to discuss the questions .'it issue concerning the seal lisbcries in Rehring's Sea. On the 23rd April there was some correspondence in regard to an (Jrder in Coimcil and an A(!t of Parliament. On the 27th April Under-Secretary Rarrington of the Poreign (JfTice, in an ofTicial note, informed Mr. White that " the next step was to bring in an Act of Parliament." On the 28tb April Mr. WHiite was informed that an Act of Piirliament would he necessary in addition to the Order in Council, but that " neithev Act nor Order could be draughted [sic] until Canada is heard from." Mr. Phelps returned to London on the 22nd Juno and immediately took up the subject, earnestly pressing Ijord Salisbury to come to a conclusion. On the 2Stli July, he telegraphed his Government expressing the "fear that owing to Canadian opposition we shall get no Convention." On the 12th September Mr. Phelps wrote to Secretary Rayard that Lord Salisbury had stated that "the Canadian Government objected to any such restrictions (as ne those nskod for the proloctioii of tlie 8Wil flslicrios), and timt until Canada's consent (•(iiiUl l»e obtained, llcr Majesty's (lovcriimeiit was not willing to enter into tlio Convention." F am jiistilied, tlierefoi'c, in assiiniiu'^ tiiat Lord Salislnu-y cannot I'ecnr to tlie rrniark ot' .Mr. IMielpx as oiu; of tlie n-isons foi' l)!'eakini,' oil' tin; negotiation, lieeaus*^ till- ne!,'otiation was in aetual |)roi,'ress for more than four months after the remark was iiiadi!. and Mr. Phelps himself took lari;e part in it. (fpon this recital of facts, I am nnahle to recall or in anyway to ([ualify the statement which I made in my note of tlie Ith .Tnne to the etrect that Lord Salislinry •'aliniptly closed th(; nei;otiation liccause the Canadian (iovernment ohjecled, and that he iissiirned no other reason whatevi-r." Lord Salisbury expn^sses the belicl' that even if the view I have taken of these Iransactions he accurate, they would not bear (nit the nri^ument wliicli I found upon tlu!m. 'I'he ari^unujnt to which Lord Salisbury refers, is, J presume, the remonstrance which I made, by diivction of tin- President, at^ainst the change of policy by Her Majesty's Government witiiont notice and aijainst the wish of the United States. 'I'he interiiosition of the wishes of a JJritish province ai^ainst the conclusion of a ('onvcntion between two nations which, aecordiiii^ to Wv. I'helps, "had b(>en virtually iiui'ced upon except as to details," was, in the I'i'esident's b(dief, a grave injustice to the (iovernment of the United States. I have, ite. (Si-ned) .L ii. HLAIXE. \o. 3. Sir J. Panncefole to Ihc Mar(]uis of Sulitihuri/. — {Received Auijusl 2.'>.) My Lord, Maijnolin, Aiiiju.it 1 !■, lsi)0. I iL\D the lioimur to receive on ihe 11th instant your Lordship's (h'spatch of the 'Jnd of this month,* re1;i*ing to the Hebrini^'s Sea controversy, and I now bei^ to inclose herewith a copy of tlie note with whicdi. in accordance with the instructions contained in that despatch, I forwarded a copy of the same to the Secretary of State. I have, t&c. ,.„, (Signed) JULIAN I'AUNCEFOTE. Inclosuro in No. ;J. Sir ./. Pauncefote to Mr, Blaine, Sir, Magnolia, AiKjust 12, 1890. I TRANSMITT];D without delay to the Marquis of Salisbury a copy of your note of the JlOtli June relating to the Behring's Sea controversy, and in whiehyou comment upon a despatch from his Lordship, dated the 22nd May, of which I had the liono\ir to leave a copy -nith you. I have now received a despatch froiii Lord Salisbury, dated tin; 2nd August, in rc[)Iy to those comments, and, in accordance •with his Lordship's instructions, I have the honour to transmit to you herewith a co])y of it and of its inclosures. Ycni will observe tliat in the last paragraj)!!, I am directed to state that Jfer Majesty's Government have no di>sire whatever to refuse to the United States any jurisdiction in Pehring's Sea which was conceded by Great Britain to Jlussia, and Avhich properly accrues to the present possessors of Alaska in virtu*; of Treaties or of the law of nations ; and that if the United States' Government, after examination of the evidence ami arguments wiiieh are produced in that despatch, still diifer fr((m them as to th.e legality of the recent captures in that sea. Her Majesty's Government arc ready to agree that the (piestion, Avith the issues that depend on it, should be referred to impartial arbitration. In that case, I am authorized to consider, in concert with you, tl > method of procedure to be followed. I have, &c. : , ■ (Signed) JULIAN PAUNCEFOTE. • Sec '^ Uiiiti'J Slates No. 2 (1S90)," No. 382, p. 512, No. 4. Admiralty to Foreign Office, — {Received August 30.) Sir, Admiralty, August 28, 1890. I AM commanded by my Lords C- immissioners of the Admiralty to tvaiiomit herewith, for the information of the Secretary of State, copy of a letter from the Commander-in-chief on the Pacific Station, dated at Esquimalt, tlie Oth instant, togotlier witli copies of its inclosures, respecting the movements of sealers in Behring's Sea, &c. I am, &c. (Signed) R. D. AWDRY. Inclosurc 1 in No. l. Rear-Admiral Hotham to Admiralty. (Extract.) " Warspite," at Esquimalt, August 6, 1890. THE American auxiliary stoam-sehoonor " Mischief " and the British schooner "Aurora" having just returned from the sealing fleet, T took the opportunity of obtaining from tlicm the following information as regards tlic state of alt'airs as far as tliey kn(!w : — It is usual for the seal traders to charter a vessel to take the coast catch of seal- skins from the sealers, and bring them south before the fleet enter the Behring's Son. Tills yonr the schooner " iEischief " was chartered by a Syndicate representing tweuty- livo Britisii vessels and four American. The American vessels are : " ILmry Uennis," " San Jose," " r.ily L.," and "Allie Alger." The "Miscliief" sails under Aniorican colours, and left Victoria on th(! litli Juno. She arrived at Sand Point, Little ivoniiiski Island, Sliumagin group, 1th July, where about thirty vessels were awaiting her. On the afternoon of the Ctli July nineteen vessels under British colours i)ut to sea, followed by the "Mischief" to about 15 miles from the land, and between (> I'.ii. of that day and 4 A.M. of the next 9,129 skins werc! transferred to the "Mischief." Bad weather icoming on, the schooners that had not completed the transfer ol' skins went into North-East Ilarbour (Little Koninski Island), remained tiiere tlic 7tli and 8tb July, but wanting more shelter went through the 12-fatbom ehaiuid ])etween Sliumagin and Simanoff to Sand Cove, in the north-east of Little Koninski Island. On the 10th July they again weighed and went outside 5 miles from the laud and transferred the remainder of the skins, amounting iu all to about 13,000. The "]\Iischicf" did not fall in with any of the Amin-iean vess(>ls she was chartered for, and the guarantee of 50 doUan which the Syndicate had each to deposit w as returned to the owners on her arrival at Victoria. While taking in the last of the skins the "Mischief" sighted the "Pathfinder," which schooner reported that she had sighted the American revenue-cutter "Bush" (Captain Coulson, Avith Lieutenant Tuttle as boarding officer, the same as last year) on tli(> '.;th July, heading for Sand Point. Tliere being still some more skins to come down, the schooner " Aurora " Avas chartered by Mr. Munsie, of Victoria, and Captain Cox, S(KTetary of the Britisii Sealers As^iociation, to bring them to Victoria. The above-named gentleman gave the following information to Captain Ilulton, of llcr Majesty's ship " Amphion." The " Aurora " was not going to enter the I$ehring's Sea, as her hunters refused to do so on account of having had no pay for two ycara. It apficars to be the custom for the hunters (Indians) to share according to the catch, and last year and a year or two before the catclies had been seized, consequently the seal-hunters (Indians) had lost their money. The "Aurora" left two days after the "Mischief," and brought a letter from the British schooner " Ariel," M'hich the captain had left at Sand Point for his owner, Captain Buckram, of Victoria. The letter states he had been lioarded by the Lieutenant of the " Eush," and two copies of the Proclamation of the American President handed him (copy inclosed). When asked by the boarding oflieer if he was going into the Behring's* Sea, he replied he was, and Lieutenant Tuttle warned him, saying, " Tlien you had better look out." A sick man from the schooner " Triumph " came down in the •' Aurora " and reported the " Rush " at Sand Point on the 9th July distributing copies of tho above I'roelainatiou. Slu; only remained about an hour and went out for the niijht, prpsuniahly for Xorth-East Harhour, but returned next morning, not having found any sdiooners there. The " Aurora " arriving at Sand Point on the 12th July found the whole of the sealers and the cruizer had gone into the Behring's Sea. Prom what I can gather here the principal number of sealing-vessols are o\\ncd by American subjects, though not registered in their names, notably one sL'liooncr, the " Mary Ellen ;" also the schooners would probably entoi- and return from tlie Behring's S<'a by tlie 172nd Pass so as to avoid Ounalaska. The British vessels wcie all warned by their owners not to go within 15 miles of the land whilst in the Jji'hring's Sea. I also wish to point out that there will probably be no more news from the sealers until tlieir return, about the end of September, and they are so scattered wliile scaling that it it unlikely, if any seizures do fake place, that I should bear ol Ihem until some time after. I reported by telegram (of the 4th instant) the only seizure that has taken l)laee is that of an American schooner, the " G. R. AVhite," for contravention of the "Spirit and Arms Act of Alaska." Inclosure 2 in No. 4. J5y the Pi-esident of the United States of America : A Proclamation. THE following provisions of the Laws of the United States are hereby published I'or the information of all concerned. Section 195(5, lleviscd Statutes, Cliapter HI, Title 23, enacts that :— "No person shall kill any otter, mink, marten, sable, or fur-seal, or oilier fiir- ijcaring animal Avithin the limits of .Uaska Territory, or in the waters thereof; and every ])erson guilty thereof shall, for each oifenec;, b(! fuied not less than 200 dollars or more than 1,000 dollars, or imprisoned not more than six months, or l)otb, and all vessels, their tackle, apparel, furniture;, aud cargo, found engaged in violation of tiiis section shall be forfeited; but the i Secretary of the Treasury shall have ])ower to autiiorize the killing of any such mink, marfh the London negotiation was renewed in AVashington. The London negotiation had been inten'upted by various events before any satis, factory inquiry had taken place into those important questions of fact on which the Unitful States' Government base tiieir contention that a close season in Bebring's Sea is indispensable for the pnvservation of the fur-seal species. That contention was supported, no doubt, l)y a considerable amovmt of ex parte evidence, on the strength of which the United States' Government proposed a close season from the 15th April to the 1st November. At the same time they declared that they only desired a close season for such a period as might be requisite for the end in view. Her JIajesty's Government were disposed to entertain the proposal favourably, subject to the views of the Canadian Government, as representing that part of Her ^[ajesty's dominions immediately interested in the seal fishery. The Canadian Govern- ment pointed out that the proposal of the United States' Government would practically have tlie effect of excluding Canadian scalers altogether from Bebring's Sea. Tiiattho period suggested for a close season might as well 'be read from the 1st January to the yist Deeember, it being notorious that seals do not enter Bebring's Sea until the middle or end of !May, and have left those waters by the end of October. They disputed the accuracy and value of the evidence relied on by the United States' Government. It was at this juncture that Mr. Phelps, the United States' IVIinister in London (according to Mr. Blaine's note of the 19th July, 1890), telegraphed to his Government expressing bis fear that, owing to the opposition of Canada, there would be no Convention. Tlie Presidential election then supervened, which, as Mr. Phelps admitted, neces- sarily suspended the negotiations. The formation of a new Cabinet at Washington, and the aj)pointment of a iu;w British Minister, retarded further progress, and it was not until the montji of February last that it was agreed that the .legotiation should lie resumed at WiLshington between Mr. Blaine (the new Secretary of State), M. de Struve (the llussiun Minister), and myself. It w.".s admitted that tii(^ sole object of the inquiry was the preservation of the fur-seal s])eeies for tiie benefit of mankind, and that no consideration of advantage to any jxu-tieular nation, -r of benefit to any private interest, should enter into the discussion. During the negotiation I had the advantage of the able assistance of Mr. Charlca Tupjier, the Canadian ^finister of Marine and Fisheries, and I may say that, through- out Ihi" in(iuiry. Her Majesty's Government were animated by the largest spirit of justice, friendliness, and conciliation. On th(^ part of the United States' Government, Mr. Blaine produced a Memoran- dum of evidence and extracts from oflicial documents to prove " that the killing of seals in the open sea tends certainly and rapidly to the extermination of the species." 'J'liis assertion was combated witli great force and ability by Mr. Tuppcr in a counter-Memoraiulmn which I laid before the Conference, and in which a great amount of testimony is collated adverse to the view of the United States' Government. The • See " United States No. 2 (1890)," p. 506. result of tho careful considcratiou wliicli I gav(! to the evidence on both sides was to satisfy my own mind that, wliile measures are called for to protect female seals with young from slaughter during the well-known periods of their migration to and from the breeding islands, and also to prohibit the approach of sealing-vessels within a certain distance of those islands, tiie inquiry had failed to establish the contention of the United States' Government that the absolute prohi'.ition of pelagic sealing is necessary for the preservation of the fur-seal species. But the conflict of evidence and opinion on many points was such as to preclude all hope of a solution of the question without recourse to a Commission of Experts, and possibly to arbitration. In this state of things I was invited by Mr. Blaine to make a proposal on behalf of Her Majesty's Government. Accordingly, I prepared and submitted to the Con- ference the scheme of settlement explained in my note to Mr, Blaine of the 29th April,* togetlier with the draft of a Convention to carry it into effect, the draft having previously met with the concurrence of the Canadian Government and with your Lordship's approval. I venture to think that it would be difficult to suggest a more equitable basis of settlement. The proposed Convention provided for an appointment of a Mixed Commission of Experts to report on the disputed points, with ultimate recourse to arbitration, should it be found necessary foi the final adjustment of all the questions involved. More- over, it embodied regulations to take immediate effect, and which I do not hesitate to affirm were amply sufficient to remove all risk of the depletion, or even appreciable diminution, of the fishery pending the Report of the Commission. I had every reason to expect that, on receipt of my note of the 29th April and of the draft Convention which it inclosed, another meeting of the Conference would have been summoned to discuss the sufficiency or insufficiency of the proposals made by Uer Majesty's Government. But the negotiators were not invited to meet again, and my note of the April 29th, was not even answered. On the 22nd May the public journals announced the rejection of the British proposals, and the issue of instructions to tb« Vnitcd States' revenue-eruizers of such a character as rendered necessary the intimation conveyed in my note to Mr. Blaine of the following day (23rd May),+ that Her Majesty's Government would forward without delay a formal protest against any interference with British vessels in Behring's Sea outside of territorial waters. Mr. Blaine's reply to that note is dated the 29th May, J and in the course of his observations on the protest ofHer Majesty's Government he states that "no course was left to the United States or Russia " but to reject the proposals contained in my note of the 29th April. That is the only formal intimation I have ever received that the pro- posed Convention was unacceptable to the United States' Government. Tiie negotiation which was thus brought to so abrupt a termination had been restricted entirely to the question of a cbse season. All questions of legal right in contrdversy were purposely kept out of view, in the Lope that they would finally disappear in an international agreement. That result, however, not having been attained, the United Slates' Government havo reverted to the claim of legal right to exclude all other nations from the fur-seal fishery in Behring's Sea. I have had some difficulty in clearly apprehending, even after all the corre- spondence which has taken place, the precise proposition of law on which the United States' Government rely in justification of that claim. The attitude of the late Cabinet was quite inconsistent with any serious reliance on such rights as a.'C now asserted. Thus, President Cleveland, in 1887, ordered the release of three British sealers seized in Behring's Sea, under Section 1956 of the Revised Statutes of the United States, which in general terms prohibits the killing of any fur-seal •' within the limits of Alaska Territory, or the waters thereof." It is true that Secretary Bayard stated that such release wns ordered " without conclusion of any questions which miglit be foimd to be involved ;" hut no further seizures were made in 1888, and the President proceeded to invite tht Governments of Great Britain, Germany, France, Russia, Sweden, and Japan to enter into an arrangement for the better protection of the fur-seal fisheries in Behring's Sea. Tliis amounted to an admission, in tho face of Europe, tliat the object in view could not he attained consistently with the law of nations without an international agree- • See « United States No. 2 (1890)," p. 455. [96] t Ibid., p, 473. I Ibid., p. 475. 10 mciit. Auolhcr ofunlly si^iiilic;\iif fact was the rcfus^il of tlio Senate of the United States to allow the insertion of ,i clause, proposed by the ifoiise of llepreseiitatives, in tli(; Aet of the 2nil ,Mareh., Ih'-H, dedaiin- that SeHion t'J.'iOof the lievised Stalutus tihove ref'erreil to, and under Mliich the sei/,iin>s of Ih'itish sealers on the hi^'h seas have l)(>en made, "inelnde and ajiply to all the Avaters of IJt'hrini^'s Sea in Alaska emhraeed williiti the hotindary-iines mentioned and deserihed in the Treaty with Russia," TIk; elause, as it ^\my stands, is as follows : — " Section li).'G of the IJevised Statutes of the I'liited Slates is hereby declared to ineludt> and apply (o all the dominions of the Unitiid States in the waters of Behrinij's Sea." It will be seen, ilierol'ore, that the Senate deelined to eompnnniso itself by any such deelaration as was j)roj)osed by the [louse of I'epresentatives. Tin's is not snrprisins^, ('onsiderintr the politieo-physieiil ^eoi»raphy of Behring's Sea. An eminent AnuM'ieau jurist, J'resident Angell, in an artiek in the " Forum" of IS'ovend)er 188'J, demonstrates with great force the fallacy of treating that sea as nun-i' clausnm. lie poiutss out tiiat it niMisures 1,100 miles from east to west, ami 800 miles from north to smith, and that its area is more than twice that of the North Sea, and at least two-thirds as great as the Mediterranean. As regards its entrances, h(> reuKU'ks that it is o])en to the iioi'th by the straits, '.ii) miles \\ide, which i'orni a ]«is,s;jgo-way to the Arctic Ocean ; and to the south by more than 300 miles of sea intervening betwe<^'n tlu; most westerly island of Alaska and Che .Vsiatic shore. Another eminent American jurist, Protessor llayner, writing iu the same sense t>) the " New Yorlc Evening Post " of the 271 h June, 1880, observers that tlie narrowest of the channels betw(\-'n the western extremity of tb.e Aleutian belt of islands belonging to the Unit(!d Statics and the Russian ti;rritory of Kamtehatka "would admit of a tieet of 100 vessels sailing abreast in a single line, even if deployed with a quarter of a mile between eacli two v<;ss(ls." Rut even if Rehrlng's Sea were " Iruid-loeked " within the meaning of a close sea, the severance in the unity of territorial possession whicli took place in 18!)7 by the cession of Alaska to the United States deprived it at once of one of the indispensable conditions of a " close t- a." Russia, by the Ukase of 1821, undoubtedly claimed that part of the I'aeilic^ Ocean as marc clausinH. alilumgh she did not attcMupt to exclude foreign vessels entirely from it. .Vs explained by M. Poh'tica, in hi note to ilr. Adams of the 28th February, 1822, Russia, while claiming the right to do so, preferred only asserti'ig her "essential riglits" by jirnhibiting foreign vesstds from approaching the coasts or islands within less than 100 Italian miles, it is cli-ar, therefore, that Russia based her rigjit to impose this lesser restriction on foreign vessels upon the larger right of total e.xelasion under the doetrim; of marc cluusimt. If I correctly understand the contention oi' the United States' Government, it is this : — 'fhey are willing to discard the doctrine of )n((rc rbnisuin as applied to Rehring's S.appean\l with tiie lariA'cr claim of marc clausum from which it was derive 1, and that it cannot now hi" revived with any semblance of right, and for any pur[)ose whatever. Su(di an apjiropriatiim of open sea, to use the lungajiu'c of Dr. Dana (7th edition of Whealou. r()t(' t> ])aragraph 187), "however long ac(jui(sei'd in, is inadmissible iu the nature of thinn's. Wlui'i'ver may be tin; evidence of tin; time or nature of the use, it is sot aside as a bad usage which no cnidcnee can make legal." llitiicrto ih<^ credit has been ascribed to the Uruted States of having been the first nation to vijidicate the freedom of the sea in respect of this very portion of the Pacilie (Jex}an by the vigorous protest of Mr, .1. Q.Adams against the whole of the claims, maritime and territorial, asserted by the Emperor Alexander I in his famous Ukase of 1821. I think it will bo a matter of general surprise to learn that, iu the view of the United States' Government, that prot(!st was not int(Mide(l to apj)ly to the claims of Russia in Jieliring's Sea. Rut, whatever opinion may be I'onned on that point, it is certain that the principles of the law of stations in\oked by Mr. Adams ai)T)ly with equal fore, wii her to tln^ north or to the south of the Ale\itian Islands, aud that the milli interest and ooiiceni to all luitionH vhicdi thcro can he no hope of liriiiirinij to a satisfactory solution otherwise than by u Conforonce of the (Ircal I'owcrs or hv international arbitration. No. (!. .Si(V C Liinipsiin and Co. to Forchji' Of/irc. — (Prcrivcd Scptpmberd.) Dear Sir, Oi, Qimen Strrcl, London, Srptnnlicr 0, 18!)0. SINCE wc addressed yon, under date of (lie fitli Noveinber last,* on the Behring's Sen Fishery qnestion, tlie nmnbcr of fur-seals annually visitinu; the Trihylov brocdincf islands has decreased to such an extent that the Company who hold tlie lipase from the I'nited States' (lovernment li.ave only Ikmmi able to seeme, for trade purposes. i21,000, instead of tin; usual ] 00,000. skins, ifie I'nited States' Govcruraeut Agent stationed on the islands prohibiting; any further killini;. The total extermination of the fur-seal, Aviiicli we foreshadowed in our last, has therefore come within measmvible distance, and nnless a close time can be arranged immediately, tlie animal will undoubtedly become extinct within a V(Ty sliort time. We need scai'cely point out that as the seals taken b\^ the Canadian schooners at sea are tlio females and pups of thos(> visitiu'.; the breedini; islands, this industry will of necessity disaj)])ear with the extinction of tlie seal, and in eontlrmation of this wc have just received a telegram from Victoria informing ns that the seal lishery in the l^ehring's Sea lias been a failure, the total cat(di being far below thosi; of preceding years, although the fishing-vessels do not appear to have been molested by the United States' Government crui/.ers. Wc arc, &c. (Signed) C. M. LAMl'SON and Co. No. 7. Foreign Office to Hir C, Lampson and Co. (lenth'men, Foreign Offire, September !), 1^90. I AM directed by the Marqnis of Salisbury to acknowledge the receipt of your letter of tlie flth instant, calling attention to the serious diniinntifm Avliich appears to liave taken place in the number of fnr-seais resorting to the Pril)ylov Islands. I am, &c. (Signed) T. II. SANDEESON. No. S. Admiriiltji to Foreign (office. — {Received Septendwr 10.) Sir, Admirulttj, i^eptendier '.), lSi)0. 1 A?[ commanded by my Lords Commissioners of the Admiralty to transmit, for the information of the Secretary of State for Eoreign Alfairs, cojiy of a telegram dated the 8th September from the Commander-in-chief on the Pacilic Station. I am, &c. (Signed) EVAN MACGIIEGUII. ro5j rfep ■' liiitetl Slates No. 2 (1890)," p. 338. C 2 12 Inclosure in No. 8 Vice-Admiral Heneage to Admiralty. (Telegraphic.) Victoria, British Columbia, September 8, 1890. ON the 23rd August four sealing schooners left Behring's Sea, reporting vessels homeward hound. Very had catch on account of foggy weather. " Rush " steamed round one while hunting seals, and took no notice. No seizure made or any other interference with sealers. No. 9. Mr. Winton to the Marquis of Salisbury. — (Received September 13.) My Lord, 32, Halton Street, Toronto, Canada, September 8, 1890. PERMIT me to say that I ara pleased to bo ahle to confirm your Lordship's representations in reply to Mr. Blaine's statements respecting the " possible destruc- tion of the Behring's Sea fishery by over-fishing and by the irregular slaughter of seals " in that quarter. The North Atlantic seal fishery is very similar in character to that of Behring's Sea, and the habits of the animal in both seas have a good deal in common. The dissimilarity consists physically only in the character of the fur, and locally in the fact that the Atlantic seal is taken, captured, or killed either in the water or upon the ice with which it is covered at the season when they are taken, whilst the Pacific seal is killed in the water or upon the adjacent islands. May I ask your Lordship also to note the fact that when United States' seal- hunters some years ago (in 1800-Gl, I think) undertook to compete in our Newfound- land seal fishery no objection whatever was raised by us to their doing so, or even to their outfitting in our ports, subject to like duties upon their supplies and outfits which the local fisherman had to pay ? It was our refusal to i)ermit them to bring in their own supplies free of duty, whilst they outfitted in other respects from our ports, which induced them in a fit of mere dudgeon to abandon the fishery. From the inclosed extract which I take from the " Toronto Empire " of the 28th July your Lordship will please to observe that I have taken some pains to tabulate the recorded annual catch of our North Atlantic seals from 1805 to 1885 inclusive. This is entirely distinct from the catch (of which no record is kept) mainly taken from the shore and within the bays and harbours of the island, which is in some years quite large, and would add very considerably to the number. And yet, with all this annual destruction, there is to-day no perceptible diminution of the number of seals. If these animals were not thus destroyed, and their produce utilized, the cod fishery, Mdiich to-day constitutes the main i'- iustry of the Colony, together with our Atlantic salmon and herring fisheries, would almost immediately be destroyed ; for it is entirely upon these fish they pi'ey, and the quantity annually consumed by them is almost incalculable. I have, &c. (Signed) ROBT. WINTON. Inclosure in No. 9. Extract from the " Toronto Empire" of My 28, 1890. The Behring's Sea Seal Fishery. To the Editor of the " Empire." Sir, 32, Halton Street, .My 21., 1890. I HAVE read with much interest that portion of the official correspondence recently laid before the House of ComnT-ns on tlic above controversy between tlie British and the United States' Governr .ents, as published in your issue of " The Empire " this morning, and have been much struck by the contrast exhibited between the vigorous, logical, and perspicuous representations of Lord Salisbury and tlie IS weak and disingonuous assumptions and propositions of the Minister of tho Unitetl States. I am glad to ohscrvc Lord Salisbury's recognition of tho fact that " it requires somothinw more than a mere declaration " upon the part of a ^linister of tho United States to bring one to a substantial conclusion as to facts involved in the discussion of qiifTstiones vexatx between tho two Governments. It is quite jiossiblo (as his Lordship intimates) that in some respects " Mr. Blaine has been misinformed," as it is equally clear that in othei-s he is neither informed nor misinformed. In reply to Mr, Blaine's statenxont respecting the " irregular slaughter of seals in the open waters of Behring's Sea," and the conseciuent possible total destruction of tho fishery in a fow years, Lord Salisbury deems it lumocossary to deal with that phase of the question, as it is proposed to submit all tlie conditions of pelagic sealing to the investigation of a Committee to be appointed by tho two Governments. In the mean- time, his Lordship is of opinion that if all sucli scaling was stopped, the creature would multiply at even a more CAa-aordinary rate tlian at pi-csent, an opinion which every practical seal-hunter will readily indorse. As coni])ared with the North Atlantic seal fishery, the l^ohring's Sea fishci-y is quite a modern and recent industry. Before Behring discovered oitlier the sea or tho straits to which his name; has been given the North Atlantic fishery was an important industry. Both fisheries have some features in common, and the habits and characteristics of the animals in both waters are not very dissimilar, especially as regards conditions of propagation, gestation, &e. The records of our eastern fishery have been very accurately labulated for nearly a hundred years, and the results fully justify Lord Salisbury's opinion, .and most em])hatically confute ^Iv. Blaine's lamentations. In order to show how little justifica- tion there is for Mi\ Blaine's prognostications, T may say that from 1.S05 to 1885, or within the past eighty years, no less than 28,000,000 seals have been captured in the North Atlantic, over and above those of which av(! have no record, and yet no per- ceptible reduction of the mass is annually or periodically visible. Tho following Table gives the numbers taken in decades from 1805 to 1885 : — .. 1,090,000 .. 1,950,624 .. 4,312,(i73 .. '1,991,176 .. 4,.'!88,280 .. 3,957,376 .. 4,145,300 .. 3,981,360 The year cncUnK 1815 ft 18-'5 »» 1835 „ 1845 »» »» 1855 1865 1875 »» 1885 Total to 1885 28,816,783 Just at this moment I have not at hand the figures for the past five years, but I think they will not vary materially from the averages given above for the ])re- ceding like period, except jis they may bo affected by the decreased outfit of sailing- vessels and the reduction of the number of steamers now employed in the fishery, several of which have been purchased by the United States' Governraont and converted into ships of war, as, for example, the" "Tigress," "Bear," "Tl.etis," and others, the names of which I am not advised of. Our old and discarded seal-hunters, after fifteen or twenty years' service and the loss of their first lctt(}r, make gallant war-ships for the United States ; and, as a remarkable instance of the irony of fate, are occasionally employed on the Pacific in the chase and (iapture of their congeners engaged in occupations that were not (notwithstanding 31r. Blaine) contra honox mores in earlier and happier days. Could these old stagers speak, how well they might exclaim, " To what base uses do we come at last." But there is one point in this controversy to which I am desirous of calling the attention of our Representative at AVashinglon, and of Lord Salisbury himself, and that is, that as long ago as 1860 the Aiuericans themselves demanded of us the \ery right which we now demand of them, and then, as now, we admitted their right to a prosecution of the North Atlantic seal fisheiy, quite as much, nay more, a perquisite of oiiv Atlantic provinces as is their Behring's St>a fishery of the Alaskan and Aleutian annexes. Por several years the Anierienu steamer "MonticeUo" was dispatched to St. John's, Newfoundland, and was tiunc i'ltted out, ])rovisioncd, manned, and equipped for the prosecution of a pelagic industry, the capture of seals in the deep waters adjacent to the coasts of that province. She, no doubt, took seals within the 3-milo limit ; )t,"^»l' li ■ mitnde tlmt limit lier right to take thom was never questioned. 81»o inigiit have com. timiod the |)rosocution of tliat iiidiistry to this d.'iy \\;\i\ her owiu-.s tdund nuii in the United 8tfvtes with sufiicient daviuu,' and ))luck and iiuisclc; I'or the work ; '.ait ,".,;, were not to ho had, and after one or two voyas^es tlie vessel was witlidra'.vn, oidy in conseqnenee of oiir refusal to permit her to outlit and man in our own jiurts, and to ont«r and clear her siipjilies, l)rous;ht from the United States, free of tlii^ eustonis rates which our own people were suhjeet to. In this case llie Ainerieans then dtimaudtMl, and \v(> conceded, the s?ime riijlits whicli we now demand and they refuse. More, \\\ry were actually {lemiittcd to lit out at our own ports npon the same conditions as our own outdtters were su'ijt!ct i >. I leave these facts to Mr. Blaine, lor his eonsiileration, anil trust they will not ho lust sight of when the prospective Committee makes u]) its Heport. Yo\U8, &C. (.Si!,nied) II. "VVINTON. Xo. 10. Foreiijn Office to Mr. Winton. Sir, Fori'i. I HAVE the hononr to transmit herewith copy of a Bill eniitlcd, " A Bill to amend the Act entitled, ' An Act providing a ('ivil OoveriioKint i'or Alaska.' " The words in italics constitute the amojulmeut by Avhieh jurisdiction is propoicd to he conferred on the Supreme Court. The rest is exactly as the Statut(> now stands. I have. &e. (Signed) .TULIAN BAUNCEFOTE. Inclosure in No. II. 51.v< Com/ress, 1st ^SV.wioH.— II. II. 11979. In the noTJSE ov Repkkskntatives. September 8, 1890. — Read twice, referred to the Committee on the Judiciary, and ordered to \m pi'inted. Sir. TiiOMPRov introduced the following Bill :— A Bill to nmend the Act entitled, " An Act providinij a Civil Government for Alnshn." BE it enacted hy the Senate and House of Bepresontativesof the United States of America in Congress assemhled, that section 7 of the Act approved the 17th May, 1884, Chapter 5.3, he, and the same is herchv, amended to read as follows : — "Sect. 7. That the General Laws of the State of Oregon now in force are herehy declared to he the Law in said district so far as the same may he applicable, and not in conflict with the provisions of this Act or the Laws of the United States ; and the Mntence of imprisonment in any criminal case shall he oaiTied out hy confinement in IB tiic f invnlTJn;; a ipipstion of titlo to land, Of ininiiia; rii;lits. or tiir constitntiimnlity (if !\ \a\v and in all criminal offences win'eli arc cnpitai. in all civil (!as(>s at common law, any issue of fact shall Im; doter- niincd by a jury, at the insinnco of citiier jiarty, and nn a|t|)cal shall lie in any ease, civil or criniinnl, for tiie jndu'mcnt of said Comniisssioners to tln^ said District Conrt, where the nmoiuit involved in any civil case is 200 dollars or inore, and in any criminal case wjicrc a iiiio of mori; than KK) ddliars or imprisonment is imposed, upon the Hlinp of a sullicient ap])(>al hond hy tiu; party apjM'alini;, to ha approved hy t!ie Court or Commissioner. AVrits of error in criminal cases shall issue to tin; said District Court from the (Jnitcd States' Circuit Court for tlu; District of Orcs^on in the cases pmvidcd in ('hapter 17 or Decrees of the United Slafen' i)i>'lriet Court for the Dixtrirt of ()re(/oti ; and the final Jtidijments or Decrees of said Cireuit Court and District Court may he reviewed hy Ihe Supreme Court of the United S(at, 1890. Wrili reference to my d(>s]iat<'h of the 2itli July last, I have tlie lionour to inclose, in the form of a ^Meniorandiun, some ohst-i'vations on Mr. Blaine's note of the :iOth June liist. They ar.' sim<^ostcd hy certain ])assaires in Mr. John Quincy Adams' despatches I'clatini,' to the I'ussiau Ukase of iH21, which do not appear in the correspondence on the suhjcct laiil before Congress in 1889, but ■vvhicli seem to me to confirm in a remarkable way the ^ lews expressed in your Lordship's despatch of the 2ad August. I am, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure in No. 12. Xote OH Mr. liluine's [nlcrprelation of Mr. J. Quiiici/ Adams' Despatch to Mr. Middlelon of Mil 22, 182.1 Mil. IJLAfNE, in his iioti; of the aoth June, 1890, argues at great length to show that Mr. Adams, in his despatch to i[r. 3Iiddletou of the 22nd July, 1823, did not disjiut-e the claim of llussia to exclusive jurisdiction over that part of the Pacilic Ocean now known as JJehring's Sea, hut that he only protested against the Imperial I'kase of 1821 so far as it ivlated to tlie claim of Russia to ten'iteuMal dominion on the continent of ATuerica south of the 5.')th parallel, and to exclusive maritime juris- ilictiou south of the Aleutian Islands. It is to he regretted that in the printed correspondence relating to the Imperial Ukase of 1821, presented to Congr(;ss in ]88'.», certain passages from Mr. Adams' despatches should have been omitted, as they arc absolutely fatal to Mr. Blaine's contention. In the first place, in a paper accompanying Mr. Adams' instructions to ^Ir. Middlcton (hut which [)aper does not appear in the printed correspondence above referred to), the following ])assage occui-s Avith reference to Russia's claim of maritime jurisdiction from Bcliring's Strait to 45° 50' on the Asiatic coast and to ,51 ou the American coast : — " The right of navigation and of lishing in the Pacific Ocean, even on the Asiatic coast north of latitude i.')", can as litlle be interdicted to the United States as that of traffic with tht; natives of Xortli America." President Angcll, who cites {\\k above passage in his article in the Poruni of Xovember 188!), makes Ihc following connncnt upoii it : — " After reading such language I'rom Mr. Adams, can any one doubt what his answer would have been to a proposition by Russia to concede tJiat the Pacific south 16 of tho f)5th parallel was an open sea, l)ut that tlu; part north of it formed a close sea over which she had (^xclusivi? jurisdiction ? " An equally important ))a8sag(? is also omitted in tho correspondence presented to CouEfress. It is to he found in tho despatch addressed hy Mr. Adams to Mr. Rush, tho United States' Minister in London, inclosinf; copies of his instructions to Mr. Middleton, and dircetiiif^ him to confer freely on the suhject with tho IJritish Government, hoth (Jovernments heing united against the Imperial Ukase of 1821. This despatch, which is of even date with the instructions to Mr. Middleton (22nd July, 1823), is referred to by ]3r. Dana at p. 97; of his 8th edition of Wheaton's "Inter- national Law " (note on the Monroe doctrine appended to section 67), for the purpose of showing that the paternity of the Monroe doctrine belongs to Mr. Adams. But it has an important bearing on the point mised by Mr. Blaine, as it contains a clear and contemporaneous exposition by Mr. Adams himself of his views in relation to tlic freedom of navigation of the Pacific Ocean in its entirety. In this despatch Mr. Adams, after contending that the entire continent was closed to any new establishment by any European Power, proceeds as follows : — " A necessary consequence of this state of things will h(^ that tho American Continents henceforth will no longer be subject to colonization. Occupied hy civilized nations, they will be accessible to Europeans and each other on that footing alone, and the Pacific Ocean, in every part of it, will remain open to the navigation of all nations in like manner with the Atlantic." Mr. Blaine, in his note of the 30th June, observes that Mr. Adams, at an interview with Baron Tuyl in July 1823, had foreshadowed the doctrine which four months later was asserted by President Mom'oe, in his Annual Message to Congress. But he makes no allusion to the passage above cited from Mr. Adams' despatch to Mr. lliTsh, probably because it is omitted from the text of the desnatch, as printed at p. 212 of the Correspondence presented to Congress. It appears to mo to confirm in a remarkable way the view of historians and jurists, thai the purpose of Mr. Adams' despatch to Mr. Middleton of the 22nd July, 1823, was not only to oppose the territorial claim of Russia, but to vindicate the freedom of navigation of the Pacific Ocean " in every part of it." Thus, Calvo states that the result of tho Treaty of 1821, between Russia and the United States, was to secure freedom of navigation and fishery " dans toute I'etendue de I'Oc^an Pacifique" (vol. i, p. 415, 4th edit.). The United States' Government cannot seriously contend that Bchring's Sea was not a pnrt of the Pacific Ocean in the contemplation of Mr. Adams, for not only was the term " Bciiring Sea '■ unknown at the time of the Treaty of 1824, but even in the Treaty ot Cession of Alaska of the 20th Juno, 1867, the Island of Attou and Copper Island (of tho Kormandorski group) are described as being in the " North Pacific Ocean." Moreover, in 1842, Russia refused to interfere with the operations of American whalers in Behring's Sea when pressed to do so by the Russian Americjin Company, on tho ground that the Treaty of 1824 gave to American citizens the right of fishing " over the Avhole extent of the Pacific Ocean."* Indeed, since the Tnaty of 1824, and that with Great Britain of 1825, Russia has never attempted to exercise maritime jurisdiction over foreign vessels in Behring's Sea outside of the territorial waters. This alone should dispose of the claim of the United States to exercise such jurisdiction within 100 miles of the coast of Alaska, for it ])urports to have been derived from Russia in 1S67, while it was renounced by Russia herself in 1824. As regards the right of fishery which flows from the right of navigation, Calvo, in his work on International Law (4th edition, § 357), cites the claim of Denmark to the Greenland fisheries, based on long usage and on recognition by Treaties. Although she reduced her claim to seventy-five miles from the coast the other nations refused to admit her pretensions, on the ground that as no nation can acquire by usage or hy Treaty any property in the high seas, therefore no nation can extend the limits of its territorial waters. Calvo adds : — " Si de pareilles derogations aux principes univcrselleraent reconnus ont lieu, c'est qu'elles sont dictces par un int^rfit maritime de premier ordre, notamment I'exploi- tation de peclies c6ti(^res d'une nature exceptionnelle, dcs bancs d'h nitres ou autres coquillages ; il faut qu'elles se renferment dans la limitc de I'objct special qui les a fait adopter; et elles ont besoin pour devenir obligatoires, d'etre sanclionnc'es pur des Conventions expresses et e'crites." J. P. Bancroft's " History of the Pacific States," vol. zzviii. p 683 -•■■■• 17 No. 13. Admiralty to Foreign Office. — (Received October 7.) Sir, Admiralty, October 4, 1890. I Ai[ commanded by the I/irds Commissioners of the Admiralty to transmit, for tlic ])onisal of the Secretary of State for Poreisifn AfTairs, an extract of a letter from the Commander-in-chief on the I'aeific Station, dated tlio 10th September, reporting the return of the sealin<,'-sehooners from Hehrini^'s Sea. My Lords desire me to call partitniiar attention to para^jrapli of Rcar-Admiral liotham's letter, in which it is stated that two-thirds of the catch consisted of female seals, showing the necessity of some agrcemcint to prevent the extermination of a valuabh; fishery. I am, &c. (Signed) EVAN MACGREGOR. Inclosure in No. 13. Rear-Admiral Hotham to Admiralty, (Extract.) " Warspite," at Esijuimalt, September 10, 1890. I HAVE to request yon will bring to the notice of the Lords Commissioners ol the Admiralty this letter with reference to my telegram of the 8th instant. I personally saw the masters of the sealing-schooners named below, and obtained from them the information herein r(!ported ; — Captain C. Cox, schooner " Sapphire." Captain Petit, schooner " Mary Taylor." Captain Hackett, schooner " Annie Seymour." Captain W. Cox, schooner " Triumph." They left the Behring's Sea on the 23rd August, and reached Victoria, British Columbia, in thirteen days. This season has been the Avorst they have experienced (Captain Cox, of the "Triumph," having been sealing for five years), and state it is due to the bad weather they experienced in July, wliich is the month they always make the biggest catch ; as for twenty-ono days, then, nothing but heavy fog was experienced, and they consequently could not got out their boats and canoes to hunt ; they state they saw of plenty of seals whenever it cleared a little. Mr. Hackett, of the "Annie Seymour," says he met the American crnizer " Rush," while his boats were round the schooner, actually engaged in sealing, and the cruizer steamed round them, but took no notice whatever ; he had his colours flying, and after about half-an-hour she steamed away. None of the other schooners they spoke with had met with any interference, or been spoken to by the eruizers. They knew of the " Rush" having been to Sand Head, Shumagin Group, and served a Proclamation on board the " Ariel," but, as they were at North-East Bay, they had not met her then. They also mentioned that two-thirds of their catch consisted of female seals, but that after the 1st July very few indeed were captured " in pup," and that when sealing outside the Behring's Sea, round the coast, on the way up (where this year the heaviest catches were made), they acknowledged that seals " in pup " were frequently captured. One captain stated he saw what he thought to be an English man-of-war, but as this could not have been, the vessel may have been the United States' surveying- ship " Albatross," or a Russian man-of-war or cruizer, though I have no intelligence of any of the Siberian fleet being in those parts. I might add that the seahu's say they heard rumours of a new seal-rookery heing formed on Jliddleton Island, whicli is outside the Behring's Sea, but American territory. [95] Kn. It. Admiruliy lo Furv'Kjn OJ/ire, — {liecelved October 14.) Sir, Ailmirnlhj, October 14, 1890. I AM commanticd by my Fjonls ConiiuissioiicrH of tim Admiralty to transmit, lor the int'ormation of the Hccrettuy of State for Koroi;j;ii AH'iiirs, copy of a. telegram, dated the I4th instant, from tlio Oommander-iu-ciiiof on tlio Piicitic Station. I am, &c. (Signed) EVAN MACGREGOR. Inclosuro in No. 14, Mear-Admiral Hotham to AdminiHij, jTelegmphic.) All the scaling schooners have returned " WimpHc," (It Victoria, October 14, 1890. No. 16. The ^farl|u!s of Sidiubnry to Sir ./. Pnuncpf'otr. Sir, Foreiyn Office, October 22, 1890. YOUR despatch of tlio 2StIi .Tiily last, inclosing a letter from ilr. Blaine under date the li)th July, reaelied nic shortly hofore the close of th(> Session of Tarlia- inent. I did not aiis\v(>r it at the time, ehiclly heeausc. 1 did not think it desirable to mix lip what seemed to me a ctutioversy on a very unimportant and secondary point with the more serious (piestions which were in issue between the two (rovern- inents, and to which the correspondence tlien ^'oing on specially applied. 1 understand from you that ilr. IMaine lias since asked '.vhetlicr you have received any answer to that despatch, and, therefore, T will make some observations upon it now, altiiough it appears to me to contain little tliat allects any question of public importance. I understand his complaint to be that, in a convcu-sation with Mr. Phelps, reported by tliat gentleman in a despatch dated the 2.5tli February, 1888, I had assented to the American proposition to establish, by mutual arrangement between the Governments interested, a close time for fur-seals b(>tween tlie l.')th April find the 1st November in each year, and betw(>en 100" west longitude and 170° cast longitude in the Behring's Sea ; that I bad undei'takcn to cause an Act to bo introduced in Parliament to give ell'ect to this arrangement as soon as it could bo prepared, and that I subsequently receded from these engagements. The conversation in (luestion took place on the 22n(l IVbruary, 1888, and my OAvn record of it, written on the same day in a despatch to your ])rcdecessor, is as follows : — "Mr. Phelps then made a proposal on the bases embodied in Mr. Bayard's despatch of the 7th February, a copy of which accompanies my previous despatch of this day's date. Mr. Bayard there expresses the opinion that the; only way of preventing the destruction of tlie seals would be by concentrated action on tlie ])art of the United States, (Ireat J5ritaiii, and otlier interested Powers, to ])revent their citizens or subjects from killing fur-seals witli lire-arms or other destructive weapons north of 50° north latitude, and between KiO" w(!st loiigitude and 170° east longitude from Greenwich, during the period intervening between the loth April and the 1st November. I expressed to Mr. Phelps the entire readiness of Her Majesty's Govern- ment to join in an Agreement with Ilussia and the United States to establish a close time for seal fishing nortli of some latitude to be fixed." It results from these two records that Mr. Phelps understood me to accept en bloc the proposals of the Governni' m of the United States; while ray own intention and my own recollection of the v;onversation was, that I merely accepted the general principle of a close time north of some degree of latitude to be subsequently fixed. This difference in the; two reports of the same conversation, though not in itself very wide, imfortunately covers the contmvcn'sy between the tA\o Governments, at least in its earlier stage ; for the matter in dispute between us was the extent of the area and the season ovih* which the close time was to extend, and not tlu; expediency of a close time in principle. ]Mr. Blaine sjjcaks of ]\tr. Phelps as having been long known in his country as an able lawyer, accurate in the use of words, and discriminating in the statement of facts. In that tribute to Mr. Phelps' high intellectual qualities I 19 join most unrcscrv(Hlly, as far us my own ;ici[ii!untan(;(' witli liim t'nablcd mo to jmlgc. Jkit it is notiiini,' unlionnl of tliat ii man, iiowovi-r lii^'iily y;ifte{l in this respect, sliould, in re'.'onliiii,' (iirec days afterwards a (lonversation wiiere no Ivind of note was takon, and no elVort made Id detine (lie '.wpressions of opiniiin uliieii wen; exehanged, liav(! sliijlitly niisctoneeived tlu; extent to \\ iiieli assent was u'ivcn to his own proposals, ]My recoUeetion remains uneliani,'e(l, tiial. I never intended to assent and never did assent to tin- detailed ))ropi)sals wliioii were put i'oruard on belialf of the United States, reserving my opinion on tiieni for I'nller consideration; lint tiiat I exprossod the fullest concurrcnco on the juirt of Jlor Alajesty's (jovernment in tin; tjeneral prineijtle on vhie.li tlios(! proj)osals proetseded, namely, the estahlishment of sueh close time as shoidd Ix; necessary to |)reserv(! tiie species of fnr-s(.'als from extermination. Jk'vond this issnc on tin; ])articnlar ([uesfion of fact, whctiier I did or did not assent to the proi)osals ol the United States a;; niu'i.'servcdly as Mr. I'iielps inni!;;incd, there is a larger question in rccjard to which I must rospeetfnlly diiter from tho opinion expressed l»y .Mr. IMaine. Jl(> s])eaks of thes;' conversations as consliliitinij; an jVurcenient, and alludes to one of them under tin' Paine of tla; Au:reemcnt of tho 25th rcl)ru!iry. I a note in answer to my note of tho 12tb August, in whicii I eommuiiieiiled to him your Lordship's despatch of the 2nd August. 'I'his not(; he said would be delivcr.'cd before the meeting of Parlia- ment or the reassembling of Congress, and would, he thought, advance matters. In the meantime any further discussicjn is deferred. No. 17. Sir J. Pauncpfote to the Marquis of Salisburij. — {Received November 17.) My Lord, Washington, November 7, 1800. I HAVE the honour to transmit lun-cwith two copies of the transcript of record in the appeal case of the schooner " Sylvia Handy " v. the United States. The " Sylvia Handy " is an Am(>rican vessel, and her owners, who arc American citizens, appeal against bor condemnation and forfeiture by the District Court of Alaska for engaging in the fur-seal lislicry in Behring's Sea 17 miles from land. It will be contended on this apiJCi'd that the Act of Congress under whicii the seizure was made has no application outside of the territorial w-atcrs of Alaska ; and that, if it purports to control the A\aters of Behring's Sea Ijeyond 1 marine league from the shore, it is unconstitutional and abortive. [95] D 2 20 This appeal case was numhcrod 683 in the last, term of tJie Supreme Court. It is now numhored 373, and it may possibly coni(> u]) for hearing before tlic expiration of the present term. Altliougli different considerations apply to the case of an American vessel, the Court may be called on to give a construction to the words in clause 1950 of the Revised Statutes of the United States, "witliin the limits of Alaska Territory or in the Avators thereof," which will settle the question of law adversely to the contention of the United States' Government, and iri'(!spectivoly of the nationality of the vessel. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosurc in No. 17. Transcript of Record. SUPEKME COTJET OP THE UNITED STATES. October Term, 1889. No. 683. The Schooner "Sylvia Handy," her Tackle, Apparel, &fc.; L. N. Handy, James Carthcui, J. N. Handy, and William Thomas, Owners, Appellants, v. the United States. Appeal from tlip District Court of the United States for the District of Alaska. (Filed June 16, 1888.) In the United States' District Court in and for the District of Alaska, United States of Aiiierica. To the Honourable La Fayotte Dawson, Judge of said District Court. THE libel of information of M. D. Ball, Attorney for the United States for the District of Alaska, Avho prosecutes on behalf of the said United States, in the name and on behalf of the said United States, alleges and informs as follows, to wit : — That M. A. Healy, an officer in the Revenue Marine Service of the United States, duly jommissioned by the President of the United States, in command of the revenue-cutter " Bear," and on special duty in the waters of the District of Alaska, lieretoforo, to wit, the 2nd day of September, a.d. 1887, Avithin tlic limits of Alaska Territory and in the waters thereof, and within tht; Civil and Judicial District of Alaska, to wit, within the waters of that portion of liehring's Sea belonging to the United States and said district, on waters navigabh; from the sea by vessels of 10 or more tons burden, seized the scliooner " Sylvia Handy," of San Francisco, California, hor tackle, apparel, boats, cargo, and furniture, being the property of some person or persons unknown to said Attorney. The property is more particularly describi'd as follows, to wit : The schooner " Sylvia Handy," of San Francisco, California, of 67i'o"o ^'"^^ burden as per register, standing and running rigging, sails, chronometer and nautical instruments, clock, lamps, carpenters' tools, books, anchors, casks, cooking and table utensils, provisions, rifles and shot-guns and ammimition for the same, and 1.670 fur-seal skins, and all other property found upon or appurtenant to said schoonc. That M. A. Healy was then and there duly commissioned and authorized by the proper Department of the United States to make said seizure ; that all said property was then and there seized as forfeited to the United States for the following causes : That the said vessel and her captain, ofllcers, and crew were tlum and there found engaged in killing fur-seals within the limits of Alaska Temtory, and in the said waters thereof, in violation -^f Section 1956 of the Revised Statutes of tlie United States. Til 'it 0.V the said property, after being seized as aforesaid, was brouglit into the port of Sitka, in said district, and turned over to the United States' Marshal of this district, witli the exception of the said 1,679 fur-seal skins, which latter wen; brought into the port of Ounalaska, in said Territory, and delivered into the keeping of J. 13. Johnston, a special agent of the United States' ^Marshal, subject to xl states of 21 tho order of the Court, and all of said property is now within the Judicial District of Alaska, United States of America. And said M. D. Ball, Attorn(>y as aforesaid, further informs and alleges — That on the 2nd day of Scptemhc-r, a.d. 1887, and at 'ivers other times during tho month of August 1887, J. L. Cartliciit and certain otiicr persons, whose names are to the said United States' Attorney imknown, who wen; then and there engaged on board of said schooner " Sylvia Handy " as seamen and seal-huntci-s, did, under the direction and by the authoi-ity of Jas. L. Carthcut, then and there master of said schooner, cngat^e in the killing, and did ' ', in the Territory and District of Alaska, and in the waters thereof, forty-two fur-seals, in violation of Section 1956 of the Eevised Statutes of the United States in such cases made and provided. That the said 1,679 fur-seal skins and other goods so seized on board the schooner "Sylvia Handy" constituted tho cargo of said schooner at the time of the killing of said fur-seals and at the time of said seizure. And said Attorney saith that all and singular the premises were and are true and within the Admiralty and maritime jurisdiction of thr United States and of this honourable Court, and that by reason thereof and by forcj of the Statutes in such cases made and provided the aforementioned schooner, being a vessel of burden, and her said apparel, tackle, boats, cargo, and furniture, became and are forfeited to the use of tlie said United States. "Wherefore the said Attorney prays that the usual process and monition of this lioiiourable Court issue in the behalf against said schooner and all said hereinbefore- described property, to enforce the forfeiture thereof, and requiring notice to be given to all persons to appear and show cause on tin; return day of said process why said forfeiture should not bo decreed, and that after due proceedings are had all said property to be adjudged, decreed, and condemned as forfeited to the use of f ;ie United States, and for such other relief as may bo proper in the premises. (Signed) M. D. BALL, United States' D'Utrict Attorney for the District of Alaska. (By A. K. Delaney, Spi (;ial Assistant Attorney for tlie United States.) Dated September 15, 1887. Endorsed: II. No. 03. 1. United States' District Court, District of Alaska. The United States against the schooner " Sylvia Handy." Libel of information. Tiled the 15th September, 1887. H. E. llaydon. Clerk, by A. A. Meyer, Deputy Clerk. In the United States' District Court for the District of Alaska. United States v. Schoonei " Sylvia Handy." No. QS.—Claim. Comes now James L. Carthcut, one of the owners and master of the above-named schooner, intervening for his own interest and ia uelialf of those owning with him in. the said schooner " Sylvia Handy," and appears before this honourable Court and makes claim to the said schooner, her tackle, apparel, furniture, and cargo, as the same are now attached b/ the United States' Marshal for tho District of Alaska, at the instance of the Revenue Departmc.it of the Unit»'d States, and the said James L. Carthcut avers that ho is part owner and master of said vessel, and was in possession of said vessel at the time of the seizure thereof, and that he in conjunction with L. N. Handy and Joseph Handy and William Tliomas arc the sole, only, and bond fide owiiers of said schooner ; that no oth:l States to maintain their said action for the forfelaire of the proj)crty aforesaid, and that the said claimant is not bound by law to answer the same ; -wherefore the said claimant prays that the said information be dismissed, with costs. (Signed) W. CLARK, Proctor for Owners, Endorsed: H. No. 93. 3. United States i\ schooner " Sylvia Ilandy." Demurrer. Filed the 19tb September, 1887. II. E. Haydou, Clerk, by A. A. IMeyer,' Deputy Clerk. W. Clark, proctor for claimants. In the United States' District Court for the District of Alaska. United Stales v. Schooner " Sylvia Handy." No. 93. — Answer of .James L. Carthcul, Master and Part Owner. And now comes .Tames L, Cartbcnt, claimant as aforesaid, and for answer to the libel of information filed herein says : — 1. He admits that M. A. llealy was an odlcer of tlie I'liited States' Revenue Marine Service, duly commissioned, and that lie was at tlie time the property proceeded against herein was seized in command of the United States' revenue-cutter " Bear," and on official duty at the time the said seizure was made, and was tlien and there duly commissioned and authorized by the proper Dep;irtment ol' the United States to make said seizure, but denies that ^aid seizure was madi; within the Avaters of Alaska Territory or within the Civil and .Tudieial District of Alaska, or in any portion of Bebring's Sea belonging to the United States, or upon any other waters belonging to libcUauts navigable from the sea by vessels of 10 tons or over. 2. Denies that said vessel, her captain, ollleeis, iivA crew, were then and there found engaged in killing fur-seals witl in th(! limits of Alaska Territory, or in the waters thereof, or that they were then and (iiere violating any Law of the United States. 3. Denies that on the lind day of September, a.d. 1887, any other person or persons did then and there, under the direction and authority of the said James L. Carthcut or any other person or at all, kill any fur-seal Avithin the District of Alaska, or in the waters thereof. 1. Denies i,;,at the property proceeded against in this cause or any portion thereof ever became forfcit(!d to the U]uted Slates. Wherefore the said claimant prays that the libel of information tiled herein may be dismissed, and for any other just and equitable relief as t(j this Court may seem meet and proper. (Signed) ,1. L. CARTHCUT. Sworn to and subscribed this 16th day of September, A.D. 1887. Before' me, (Signed) 11. E. Havj)ON, Clerk, United Stales' District Court. (By A. / 'loyer. Deputy Clerk.) (Seal.) (Signed) W. Clauk, Proctor for Claimant. n Endorsed: 11. No. 93. 4 Unitod States y. schooner " Sylvia Ilandv." Answer. Filed the 19th Septemhor, 1887. TI. E. Haydon, Clorlv, hy A. A. Meyer, Deputy. W. Clark, proctor for claimant. Return. Sitka, District of Alaska, soot. : Be it remembered that, in ohedionc(> to the annexed monition, I have attached the within-described property and now hold the same in my possession, subject to the order of this lionourable Court ; and the owners and claimants of said property liaving in writing, tiled in Court this day, waived notice of publication and posting of tlio liljel and seizure, I therefore have notified all persons claiming said property to be and appear before this District Court on the lyth day of September, 1887, at 3 o'clock I'.Ji,, then and there to make tlieir claims and allegations in that behalf. (Signed) BARTOX ATKINS, United States' Marshal, District of Alaska, Sitka, Alaska, September 19, 1887. iswer to the United States' District Court for the District of Alaska. District of Alaska, sect. : Tiic President of tlie United States of Anicriea to the Marshal of the District of Alaska, greeting : "\yiH>reas a libel of information hath l)oou filed in the District Court of the United Slates for the District of .\laska on the l.'tli day of September, in the year 1S87, by llonourahlo M. 1). Ball, l.'iiited Stat(>s' Attorney for the district aforesaid, on behalf of the United States of America, against tlu; scliocmer "Sylvia Handy," her tackle, apparel, boats, cargo, and ],G79 fur-scMil skins, furniture, as forfeited to the use of tlu; United States for the reasons set forth in said libel of information, and praying thc^ usual pro(!ess and monition of said Court in that behalf to be made, and that all jjci-sons interested in said schooner " Sylvia Handy," lier tackle, apparel, boats, cargo, and said sealskins and furniture, &c., mny be cited in general and special to answer the premises, and, all ])roceedings l)eing bad, that the said schooner *' Sylvia Handy," her tackle, apparel, boats, cargo, said seal-skins and furniture, m.ay, for the causes in the said libel of information mentioned, be condemned as forfeited to the use of the United States. You are then.'forc hereby commanded to attach tlie said sclioonor " Sylvia Handy," her tackle, apparel, boats, cargo, and said sealskins and furniture, to detain the same in your custody until the fnrthei- order of tlie Court respecting the same, ami to give notice to all persons claiming the same or knowing or having anything to say why the same should not b(> condemn(>(l and sold ]nirsuant to the prayer of the said libel of information that they be and appear before the said Court, to be held in and for tli(i District of Alaska on the lUtli (l;iy of September, 1887, at .3 o'clo(dc in the after- noon of the same day, if the same shall h(> a day of jurisdiction, otherwise on the next day of jurisdiction thereafter, then and then; to interpose a claim for the same and to make their aHegations in that l)ehalf; and what you shall have done in the premises do you then and there make returns tliereuf, together with this writ. AVitness, the Honourable La Uayette Dawson, .Judge of said Court, and the seal thereof affixed at the city of Sitka, in the District of Alaska, this 15th day of September, in the vear of our Lord 1887, and of the independence of the United States the 112th. (Signed) H. E. HAYDON, Clerk, United States' District Court. (Seal.) (By A. A. Meyer, Deputy Clerk.) Endorsed: H. 5. No. 9'5. In the Inited States' District Coort for the District of Alaska. 'I'lu^ United States r. schooner " Sylvia Handy." ilonltion. Returned and liled the 19th September, 1887. 11. \i Haydon, Clerk, by A. A. Meyer, Deputy. In tlic United States' District Court for the District of Alaska. United States v. Schooner " Sylvia Handy." No. 93. — Waiver of Publication of Notice. And now comes W. Clark, Esq., proctor for tlio owners of the above-named schooner, as appears by their claim filed herein, and on behalf of said owners, and being authorized thereto, waives said owners' right to publication and posting of tie notice of the libel and seizure of the property being proceeded against in this cause, and waives also time of hearing and announces himself ready to proceed to trial. (Signed) W. CLARK, Proctor for Claimants. Endorsed : H. 0. No. 93. United States v. schooner " Sylvia Handy." Waiver. Piled the 19th September, 1887. II. E. Ilaydon, Clerk, by A. A. Meyer, Deputy Clerk. W. Clark, proctor for oAvners. In the United States' District Court, District of Alaska. In the Matter of the United States v. Schooner " Sylvia Handy." — No. 93. At this time comes W. Clark, proctor for claimants, and moves the Court for leave to file a demurrer to the libel of information filed herein. September 19, 1887. Endorsed : 7. Demurrer. In the United States' District Court, District of Alaska. In the Matter of the United States v. Schooner "Sylvia Handy." — No. 93. Now, at this time, come the parties above named, by their respective attorneys, Mr. A. K. Delaney for plaintiff, and M. W. Clark for defendant ; and tliis cause coming on to be heard upon tho demurrer of libel therein, and tins Court being fully advised in the premises, it is considered and ordered that the deniun-cr bo, and the same is hereby, ovemUed. September 19, 1887. Endorsed : 8. OveiTuling Demurrer. In the United States' District Court, District of Alaska. In the Matter of the United States v. Schooner " Sylvia Handy." No. 93. — Answer. And now comes .Tames L. Carthcut, by W. Clarlc, Esq,, master of the above- named schooner, and moves the Court for leave to iilo an answer to the libel of information herein. It IS considered and ordered by tho Court that leave be granted. September 19, 1887. Endorsed : 9. Answer. 25 In the United States' District Court, District of Alaska. In the Matter of the United Slates v. Schooner " Sylvia Handy," No. 93.— Claim of Owners. Comes now W. Clark, proctor for claimants, and moves the Court for leave to flic claim of master for owners. It is considered and ordered by the Court that leave be granted, September 19, 1887. Endorsed: 10. Claim. In the District Court of the United States for the District of Alaska. United States v. Schooner " Sylvia Handy." No. 93. — Evidence for Prosecution, By Mr. Delaney. — I am John C. Moore, Third Lieutenant of the revenue-cutter " Bear," and I was such on the 2nd September last. I was present at the seizure of the schooner " Sylvia Handy " on the 2nd. We were in latitude 54° 12' north and longitude 166° 50', 17 miles from Cape Cheerful. Captain Healy is Commander of the " Bear,'' R.M.S., U.S. I was boarcfing officer, sent by Captain Healy, in company with Alexander Wilson ; boarded the vessel, and found she bad forty-two seals on deck, unskin. -d. I reported the fact to Captain Healy, who ordered me to seize the vessel. I returned and told the captain that I had orders to seize the vessel. He said he would submit, but on protest. James Carthcut was in command of the vessel. Captain did not state how long he had been in Behring's Sea, but said he thought he had a perfect right to sealing in the sea if he was 3 miles &om shore. This was in waters from the sea navigable by vessels of 10 or more tons burden. The schooner was taken to Ounalaska; the skins taken out and stored in the Government warehouse. By Court. — ^There were 1,687 skins below, and 42 on deck. Cross-examined by Mr, Clark. The only authority you had for making this seizure were Captain Healy's orders ? -Yes, Sir. By whose order did you deliver those skins to Ounalaska ? — Under Captain Healy's orders. Who did you deliver them to ? — I did not deliver them myself, but have a receipt for them. Who did ?— The Captain. Were you in command of the vessel ? — Yes, Sir. He ordered you to deliver the skins in Ounalaska ? — Yes, Sir. You say you were ordered to deliver the skins in Ounalaska? — Yes, Sir; I delivered them to Captain Healy in Ounalaska. You stated those skins were placed in the Government coal-house ? — Yes, Sir ; in charge of the United States' Mai-shal. What was his name ? — Isaac Anderson. Have you a receipt for the skins ? — Yes, Sir ; I have not got it here, but I can get it. Counsel here produces papers for identification. Witness identifies them- Redirect : Mr. Delaney, — Counsel states that witness may correct any statement which he may have made during counsel's absence for a few minutes. Witness states Johnson is Commissioner in Ounalaska, and the skins were delivered to the Commissioner, the United States Marshal being absent at the time. [95] E m The papers produced hy counsel arc as follows, to Trit : — Ee<»istor, No. 51 ; numeral 116,085, issued at Customs Office, San Francisco. 12th January, 1887 ; tonnage, OT'TO not ; " Sylvia Handy " certificate ; crew list certified 12th July, 1887, San Ji'rancisco ; clearance from Customs Office, Victoi-ia, British Columhia, 91h May, 1887; bound for North Pacific Ocean and Beiu'ini^'s Sea (bill of licalth accompanying) ; also certificate of United States' Consul of the deposit of his clearance and otlier papers with the Consul at Victoria, British Columbia. Endorsed : C. IT. 11. No. 93. United States v. schooner " Sylvia Handy.'' Evidence. Eilod 22nd September. 1887. H. E. Haydon, Clerk, by A. A. Moyor, Deputy Clerk. In the United States' District Court, District of Alaska. In the ^ fuller of llic United States v. Schooner " Sylrin Handy," No. 93. — findings and Conclusions of Law, This cause having been tried and submitted, the Court, from the evidence, finds the following facts and conclusions of law :-r- 1. Tliat on the 2nd day of September, 1887, and theretofore, the master andcren- of the defendant's vessel were engaged in killing, and did kill, fur-seals in that portion of Behring's Sea ceded by ihissia to tlie United States by th<^ Treaty of March 1867, and within the waters of Alaska, in violation of bection 1956 of the Revised Statutiis of the United States, and that the promiscuous shooting of fur-beariiig animals in the waters adjacent to tiic Islands of St. I'aul and St. Ucorgo, and in that portion of Behring's Sea east of the lU.'Jrd degree of west longitude, has a tendency to frighten and prevent said ani'nals from going upon those islands, as they have bcnu accustomed to do in the jjast. a. That on the said 2nd day of Septen)l)or, 1887, said vessel, her furniture, apparel, tackle, cargo, and l,(i7i) fur-scsal skins w-ere sejiced in said Avaters by the commanding ofTicer of the I'nited Stati^^' revpune-cuttov ''Bear," theft pud there engaged in the revenue marine service of the I'nited States. 3. That said commanding oflieer was duly commissioned l)y the Bresident of the United States, and made such seizure luider the direction and by the authority of the Treasury Departmeiit of the United States. i. That said pro])erty so seized was delivered by said commanding ofiicer of said cutter to the United States' ^larslial of the District of vVlaska, and is now wiiliin the jiu'isdiction of this Court. As conclusions of law tlie Couyt finds that the plaintiff is entitled to a decree of forfeiture against said vessel, her tackle, apparel, furniture, (largo, ami th(! said J,U79 fuv-se^l skinij (Signed) LA FAYETTE DAWSON, J)at€d September 32, 1887, District Jiuhje, Endorsed. C. II. 12. No. i)3. In the United States' District Court, District of Alaska. United States ;•. schooner " Sylvia Handy." Findings and conclusions of law. Filed the 22nd September, 1887. H- E. llaydon, Clevk, In the United States' District Court, District of Alaska, ,r,>^hd States v, Schooner " Sylvia Handy," J. Z,. CarthoMt, L. N, Handy, Jus. Handy, and Wm. Thomas. No. 93.— Decree. The !Marshal having returned on the monition issued to him in the above entitled action that, in obedi(,'i)ce thereto, he had attached the said schooner "Sylvia Handy," her tackle, apparel, boats, cargo, and furniture, n\\<\ prpctor for claima^itSj on behalf of 27 idonco, finds said otrnert, hftring waived said owners' right to puhlication and posting of tlio notice of the Hlrel and sei/Aire, and also time of lioaving, and lias given duo notice to all persons claiming the same t > appear hefovo this Court on tlie lOth day of Se-ptember, 1887, at !i o'clock p.m., at the District of Alaska, United States of America, tiien and there to interpose their claims and make their allegations in tlmt belialf, and J. L. Cartii- ciit, the captain of said vessel, having hereto iiled a claim to all of said property in his and the hehalf of L. N. Handy and .las. Handy, and W'ni. Tiionias, of San J'^raneisco, C'llifornia, and no other pisrsons having appeared, and no other claims or allegations liaving been made or filed by any other person or piM'sons, and tlie usual ])roclamation luiving been made, and said canso liaving been heard tl'is day by consent of parties on tiie pleadings and proofs, M. U. Ball, Esq., United States' District Attorney, by A. K. Lelauey, Esq., counsel in that belialf, appearing as advocate for said libellant, and W. Clark, Esq., as advocate for said claimants^ and said cause liaving been submitted to the Court for decision, and due deliberation being had in the premises, and the Court having filed his findings of fact and conclusions of hnv herein, it is now thereupon ordered, sentenced, and deci'eed as follows :— 1. That all jiersons Avhosoever otlier tiian snid chiinuuits lie, and tliey are hereby, decreed in contumacy and default, 2. That said schooner "Sylvia JIandy," iier tackle, apparel, lioats, and furniture, and her cargo of 1,07'.) fur-seal skins, now in the eiistody of J. D. .fohnriton, Unitrid States' Commissioner, a special agent of the Deputy United Stiites' ^larslial at Ouualaska, subject to the order of the Court, and all pro[)erty found upon or appurtenant to said schooner be, and tlie sann; are hereby, condemned as forfeited to the use of the United States. ;5. That unless an appeal betaken against this Decree within the time hmited and prescribed by law and the Ilules of the Court the usual writ of venditioni exponas be issued to the iMnrshal commanding him to sell all the said property and bring the proceeds into tliis Court to be distributed according to law. Costs to be taxed, and are awardcnl against said claimants. (Signed) LA EAYE'iTE DAWSON, District Judge. Endorsed: 11. 13. Xo. 93. United States v. schooner "Sylvia Handy." Decree. Eiled the 22nd September, 18^7. H. E. Haydon, Cle .-k, by H. E. Haydou, juu,, Deputy Clerk. In the United Sates District Court for the District of Alaska. United Slates v. American Schooner " Sylvia Handy." No. 93. — Motion in Arrest. At this time comes W. Clark, proctor for uiiiimants, and moves the Court to arrest the decree of forfeiture in said cause for the following reasons, to wit : 1. That the libel of information herein docs not state facts sufficient in law to '■liable the United States to have and maintain this action for the forfeiture of the property seized herein. 2. That the evidence prodiu'cd on part of the United States in this cause is not suincieut upon which to have a decree of forfeiture. !}. 'fliat from the evidence jirodiuted on tlu^ part of the United States it appears tlmt this Court has no jurisdiction over the subject-matter of this cause. 1. That the Act of Congress under which the seizure herein was made is unconstitutional and ultra tires, in that it purports to give the United States jiu'isdiction over a portion of the high seas more than 15 marine leagues from its siiores, and pur|)orts to establish an international boundary-line in mid-ocean Avith no (li'linite terminal points and impossible to determine by absolute measurement or clearly deline by marks. Tiu^rcfore claimanta pray that said decree may be for ever rested and his cause dismissed. (Signed) W. CIAEM, Proctor for Cimmants. [95] E 2 98 Endorsed : II. 14. No. 93. United States v. scliooncr " Sylvii. Handy." Motion in arrest. Filed the 3rd October, 1887. II. E. Haydon, Clerk,1,by A. A. Meyer, Deputy Clerk. W. Clark, proctor for claimants. In the United States District Court for the District of Alaska. United States v. American Schooner " Sylvia Handy." No. 93. — Petition for Leave to appeal. And now comes W. Clark, proctor for claimants, and prays tbo Court for leave to appeal this cause to the Supreme Court of the United States or such other Court as may have appellate jui'isdiction over the subject-matter of this cause. (Signed) W. CLARK, Proctor for Claimants. Endorsed : H. No. 93. 15. United States r. schooner " Sylvia Handy." Petition for leave to appeal. Filed the 9th December, 1887. H. E. Haydon, Clerk. W. Clark, proctor for claimants. United States District Court, District of Alaska. In the Matter of the United States v. Schooner " Sylvia Handy." — No. 93. Petition filed by W. Clark, Esq., proctor for claimants, for leave to appeal. It is considered and ordered by the Court that leave be granted. (Signed) LA FAYETTE DAWSON, December 9, 1887. District Judge. Endoi'sed : Petition to appeal. 16. In the United States' District Court for the District of Alaska United States v. Schooner " Sylvia Handy." No. 93. — Motion for Stay of Proceedings. And now comes W. Clark, proctor for claimants, and moves the Court to grant a stay of proceedings herein for three months from this date to enable claimants to bond the property seized herein if they desire to do so. Dated at Sitka this 3rd day of October, a.d. 1887. (Signed) W. CLARK, Proctor for Claimants. Endorsed : H. No. 93. 17. United States v. schooner " Sylvia Handy." Motion for stay of proceedings. Motion filed and oveiTuled by Court the 9th December, 1887. H, E. Haydon, Clerk. W. Clark, proctor for claimants. In the United States' District Court, District of Alaska. United States v. Schooner " Sylvia Handy" and L. N. Handy, J. Handy, J. L. Carthcut, and W. Thomas. No. 93. — Affidavit on Appeal. United States District of Alaska, ss. : Personally appeared before me the Undersigned, Clerk of the District Court ifl autt tor the District of Alaska, William S. Morrisey, who, upon being first duly sworn, upon his oath says he is the duly authorized agent tor claimants in the above-entitled 20 cause ; that said claimants purpose appealing said cause to the Supreme Court of the United States. That they purpose prosecuting said appeal with due diligence and without unnecessary delay ; that they avo, appealing said cause for the reason that they feel themselves aggrieved and injured by the decree of the District Court rendered herein on the 22nd day of September, A.u. 1887, at a special term of said Court. That said appeal is not taken for vexatious delay or to hinder or delay the United States in obtaining the proceeds of the .said decree of forfeiture rendered herein, but that the law and the facts may be reviewed by the said Superior Court, and that this appeal is made by affiant for and in behalf of said claimants. (Signed) W. S. MORRISEY. Subscribed to and sworn before me this 13th day of February, 1888. (Signed) II. E. Havdon, Clerk, United Stuteis' District Court, (Seal.) Endorsed: H. No. 93. 18. United States «. schooner " Sylvia Handy." Affidavit on appeal. Filed the 13th February, 1888. U. E. Uaydon, Clerk. In the United States' District Court, District of Alaska. The United States v. the Schooner " Si/lvia Handy," her Cargo, and L. N. Handy, J. Handy, James L. Carthcuf, William Thomas, and W. S. Morrisey, Agent and Attorney-in-Fact. No. 93. — Amended Petition for Leave to appeal. At this time comes M. P. Beny, proctor, intervening for and in behalf of tho owners of the above-named vessel and cargo, through and by authority of W. S. Morrisey, Esq., the duly authorized agent of the said owners, and prays the honourable Court, by virtue of the powers vested under section 3 of the Organic Act creating the District of Alaska, passed by Congress of the United States, and approved by the President the 17th May, 1884, that leave be granted to amend the appeal heretofore allowed by this Court (at a special term holden the 9th December, 1887) [ ? ] be granted, said owners and agent, defendants, to appeal and carry forward their cause direct to the Supreme Court of the United States of America. That the above-named vessel and cargo, being of the appraised value of 12,073 dol. 25 c, to wit, that the schooner " Sylvia Handy " and cargo, was appraised by duly appointed and sworn appraisers of this Court in the sum of 1,350 dollars, and that the cargo, consisting of 1,079 fur-seal skins [ ? ] in the sum of 8,323 dol. 25 c, making a total of 12,073 dol. 25 e. The same being a sufficient sura to carry an appeal to the said Supreme Court of the United States for review. (Signed) M. P. BERRY, Proctor for W. S. Morrisey, Agent for Owners. Endorsed : U. No. 93. 19. In the United States' District Court, District of Alaska. United States v. schooner " Sylvia Handy." Amended petition for leave to appeal. Filed the 13th February, 1888. H. E. Haydon, Clerk. M. P. Berry, proctor. In the United States' District Court in and for the District of Alaska. The United States, Plaintiff, v. the Schooner " Sylvia Handy " and Cargo, Otmers, and Agent, Defendant. No. Q3.— Motion for Neiv Trial. At this time comes M. P. Bi>rry, proctor, appearing for William S. Morrisey, duly autiiorizi'd agent for the above-named defendants, and prays this honouraWe Court that defendants be allowed a rehearing in their cause. 80 That a day certain bo named by the Court for a new trial. Tliat tliis motion is based upon the i,'n)un(l tlmt flio Cona^ross of the TJnited States, by the passage of eertain Laws whereby Wo were subject in arrest and con- fiscation, (lid not (miy wrong us in our persons and goods, but tlmt body did exceed their jurisdietion. (Signed) M. P. HRRUY, Proctor for IV. 8. Morrispij, Atjentjnr Ownrrs. Endorsed : H. No. 03. 20. Tn the l.'uited States' District Court in and for the District of Alaska. l'niti;d States ?'.schf«)ner" Svlvia Hand v." Motion for new trial. Tiled the Itth February, 1888. 11. E. Iluydon, Clerk. M.'i'. I3crry, rroctor. In the United States' District Court in and for the District of Alaska. The United States v. Sclioonrr " >Si/lvia llandi/." , No. 93, — Motion for Slay of Proceedincja. Comes now M. P. Berry, Proctor, and moves the Court for stay of ])roc(>edings in the above-entitled cause j)ending appeal heretofore allowed to be taken by this honourable Court. (Signed) M. P. PERPY, Proctor for Drfendanta' Aijem. Endorsed : H. No. 03. 21. In the United States' District Court in and for the District of Alaska. United States v. schooner " Sylvia Handy." Motion for stay of proceedings. Piled the 14th Pebruary, 1888. H. E. Haydou, Clerk. 1^1. P. Perry, Proctor. In the United States' District Court in and for the District of Alaska. United States v. Schooner " Sylvia Handy." — No. 93. It is considered and ordered by the Court that the motion for a new trial and a stay of proceedings heretofore filed in this case be overruled. Dated February 21, 1888. Endorsed: 22. In the United States' District Court in and lor the District of Alaska. The United States v. Schooner " Sylvia Handy " and Cargo, &)C. ; and L. N, Handy, J, Handy, J. L. Carthciit, and William Thomas. No. 93. — Verification of Claim. Personally appeared l)efore me in open Court, Wm. S. Morriscy, of Sitka, in the District of Alaska, and solemnly swears that he is tin; lawful bailee for the owners of the above-named schooner " Sylvia Handy" and cargo. That he is duly authorized by said owners of the above-named vessel and cargo to enter into and file stipulations, with sureties, for the payment of all costs and expenses which shall be awarded against them by the decree of this Court, or upon an appeal by the Appellate Court. (Signed) W. S. MOIlllISEY. Done in open Court, this 19th ddy of February, 1888. (Signed) U. E. Haydon, Clerk. (Seal.) Endorsed : No. 93. 23. United States v. schooner " Sylvia Itandy." Verifica-' tioo of claim. Filed the 20th February, 1888. H. E. Haydon, Clerk. 31 In tlie United Stfttrs' Dlsfrict Cmirt h. ?..ifl Ui- fi.u JjisWct of Alaskft. Vnilfd Slates v. Bchoonn " fiifhia Haiidi) " and Cartjn, and L. N. Handy, James Carthcut, J, N. Handy, and William Thomas, Owners, No. 93,— Appeal to the Hupreme Court of the United Hlatei. In Admiralty. To tlio liouoiirablfl Supremo Court of tho United States of Aniorioa. Tlio a])p('nl of tho abovo-nnmcd appellants rospoctivoly sliowotli that, on or about the intli (lay of Sej)teinl)ei', in the year ISH7, the ahovn-named lihellauts, the United States of America, cxliihited their libel in the District Court of the United States for the District of Alaska against the ajjpelhmts for the reasons set forth in said libel, that these appellants niiyht be condennied to pay tho demands of sftld libellants and costs in said libel mentionej. That process issued out of said Court bavin? been served on these appellants, they did, on or about the lOth day of September, in the year 1887, file their answer to said libel in the said District Court, praying that tho said libel bo dismissed with their costs in that behalf, as by reference to the said libel and tlio said answer may more fujly appear. That tho said cause came on to be beard before the Honourable La Fayette Dawson, . Judge of the said District Court, on or about the 22nd day of September, in the year 1887, upon the testimony and proofs adduced by the reapectivo parties; and the said .Tudge, having advised thereon, did, on (he 22nd day of September', in tlie year 1887, make his decree in said cause, whereby it was, among other things, decreed that tho libellants in said cause recover against these appellants a decree of forfeiture against said vess(>l, lier tackle, apparel, i'urniturc, cargo, and 1,079 fur-seal skins, as by i-eferenee to the said decree may more fnlly apjiear; and these; appellants an; advised ami insist that the said decree is erroneous, inasmuch as the honourable Court, at such sitting, did not decdaro the law or constitution ])y which such seiuurc and f()rfeit\ire of projjerty was made. "\Vh(>refore these appellants appeal from the whole of said decree of said District Court of the United States, and respectfully pray that the decree of the said District Court and the bill, answer, pleadings, evidence, and proceedings in the said cause may be sent to the Suprenuj Court of the United States without delay, and (hat the said Suprenu> Court will proceed to hear the said clausea new, and that the said decree of the District Court and (^very part thereof may be reversed and a decree made dis- missing said libel with costs, or such other decree as to the said Supreme Court shall seem just, (Signed) M. P. BERltY, Dated March 20, 1888. fto by an unrecognized war-vessol as lat(! as li^Ot and 1H()5 met with no protest from tiie llussian authorities at that time within those seas (viz., the Kamsehatka or Behring's Seas), properly the North Pacific Ocean, is indisputahlc proof that such seas M'crc not considered neutral waters by the llussian Government. Par. III. That the Congress of the United States exceeded its Constitutional power by the passage of Laws to control Maters of seas upon hypothetical lines drawn from land's end, oil' soundings, through open ocean, and ending on a parallel of latitude 70 marine leagues from land ; that Laws to control the waters beyond the 1 marine league or 3 miles from the shore-line of each and every island, open reef of rocks, or mainland is abortive. Par. IV. That the enactment of Laws by the Legislative Power of the United States that destroys a legitimatt? occupation, one of the industries of the people, is a tyrannical exorcise of such power vested in that body by such i)coplcs, and is unconstitutional. Par. V. That the Uonourable the District Judge, by the authority of the "Organic Act providing a Civil Government for Alaska," passed and approved the 17th May, IHHl, being expressly clothed with the exclusive jurisdiction to pronounce upon the (!onstitutionality of the Law by such Organic Act, is in error by sustaining the constitu- tionality of the law whereby the United States, as plaintilf, became entitled to a decree of forfeiture against these defendants, appellants, and their property. (Signed) M. P. BERRY, Proctor for W. S. Morrisey, Agent for Owner, Endorsed: CH. 25. No. 93. In the United States' District Court, District of Alaska. United States v. schooner " Sylvia Handy." Brief of proctor. Filed the 23rd March, 1888. H. E. Haydou, Clerk. M. P. Berry, Proctor. In the United States* District Court for the District of Alaska. United States v. Schooner " Sylvia Handy," and L. N. Handy, J. N. Handy, J. L. Carthcut, and W. Thomas. No. 93. — Order granting Appeal. Upon hearing and filing petition of M. P. Berry, proctor, intfivvening for and in behalf of the owners of the above-named vessel and cargo through and by authority of W. S. Morrisey, Esq., the duly authorized agent of the said owners, i •aying for an order allowing them to appeal this cause to the Supreme Court of tlie United States, and upon hearing and filing the affidavit of W. S. Morrisey, the tii'lv ixuthorized agent for claimants in the above-entitled cause, and no objection being raised on the part of the United States, and sufficient security having been given by said claimants that they will prosecute said appeal to effect, and upon being fully advised in the premises, it is ordered that said petition be granted and said claimants allowed to appeal this cause. Done at Sitka, Alaska, this 23rd day of March, 1888. (Signed) LA FAYETTE DAWSON, . . District Judge. Endorsed : C. H. 26. No. 93. In the United States' District Court, District of Alaska. United States v. schooner " Sylvia Handy." Order granting appeal. Filed the 23rd March, 1888. H. E. Haydon, Clerk. 3.3 In tho United States' Circuit Court in nnd for tho District of Alaskix. United Slates v. Schooner " Sijlvia Ildndi/." No. 93. — Consent that Vessel he dlschanjed on Stipnlntion, Tim sdiooner " Sylvia llnndy," licr small l)oats, tackle, apijarcl, aims, ammunition, t'urniturc, and car^o, consistinfj of 1,(J7!) fur-seal skins, liavini? been arrested on the ])roccss issued in this cause, wc consent tliat on filing the usual stipulation entered into accordiniif to the Rules of the Court to appear, abide, and perform the decree in tiic sum of 12,073 dol. 25 c., and on fllinj* a claim and on complying? with the Rules of the Court as to tho fees of the officers of Court the said schooner l)e discharged from custody and arrest. (Signed) WHIT. M. GRANT, Dated March 23, 1888. Proctor for Libellant. Endorsed : 27. No. 93. In the United States' District Court, District of Alaska. United States v. schooner " Sylvia Handy." Consent that vessel and cargo be dis- charged on stipulation. Filed the 23rd March, 1888. II. E. Haydon, Clerk. M. P. Berry, proctor for owners. In tho United States' District Court in and for the District of Alaska. The United States v. Schooner " Sylri-^ Handy " and Carijo. No. 93. — Bill of Exceptions, Be it remembered tliat on the trial of this cause, the same being the 22nd day of Sf ptember, 1887, in the District Court of the United States for the District of Alaska, liolden at Sitka, in the aforesaid district, and at the November term thereof, the Government, to sustain the issue on its part, offered tho following evidence to the Court, viz. : — I am John C. Moore, Third Lieutenant of the revenue-cutter " Bear," and I was such on tho 2nd September last. I was present at the seizure of tho schooner "S"lvia Handy" on the 2nd. "We were in latitude 54° 12' north, and longitude lG(j° 51', 17 miles from Cape Cheerful. Captain Healy is Commander of the " Bear," R.M.S., U.S.N. I was boarding officer, sent by Captain Ilcaly in company with Alex. Wilson ; boarded the vessel and found she had forty-two seals on deck unskinned. I reported the fact to Captain Healy, who ordered me to seize the vessel. I returned and told the captain that I had orders to seize tho vessel. He said ho would submit, but on protest. James Cartheut was in command of the vessel ; captain did not state how long he had been in Behring's Sea, but said he thought he had a perfect right to sealing in the sea if lie was 3 miles from shore. This was in waters from the sea navigable by vessels of 10 or more tons burden. The sclioontr was taken to Ounalaska, the skins taken out and stored in the Government warehouse. By Court. — There were 1,637 skins below and 42 on deck. Cross-examined by Mr. Clark. Tho only authority you had for making the seizure were Captain Healy's orders ? —Yes, Sir. By whose orders did you deliver those skins to Ounalaska? — Under Captain Healy's orders. Who did you deliver them to ? — I did not deliver them myself, but have a receipt for them. Who did ?— The Captain. Were you in command of the vessel ? — Yes, Sir. He ordered you to deliver the skins in Ounalaska ? — Yes, Sir. You say you were ordered to deliver the skins in Ounalaska? — Yes, Sir; I delivered them to Captain Healy, in Ounalaska. [95] F 34 You stated those skins were placed in tlic Govemracnt waroliouso? — Yes, Sir; iu charge of the United States' Marshal. What was his name ? — Isaac Anderson. Have you a receipt for the skins ? — Yes, Sir. I have not got it here, but I can get it Counsel her'" produces papers for identification. Witness iduixtifies them. Redirect by Mr. Delaney. Counsel states that witness may correct any statement which he may have made during counsel's absence for a few minutes. Witness states Johnson is Commissioner in Ounalaska, and the skins were delivered to the Commissioner, the United States' Marshal being absent at tlio time. In the trial of the sealer cases Captain Sheppard, commander of the revenue- cutter " Rush," engaged in cruizing in the liehi'ing's Sea, testified that shooting and the method of taking seals pursued by said seized vessels tended to drive them from their usual haunts and breeding and raising grounds in ]?ehring'8 Sea, which evidoueo was used and considered in the trial and decision of this cause. To which the dcfendiints thou and there objected, the objection being overruled and the evidence admitted. The defendants there and then excepted to the ruling of the Court, and tlie law, as deelaivd by tlie Court, viz. : — This cause having been tried and siil)mitted, the Court, from the evidence, finds the following facts and conclusions of law : " 1. That on the 2nd day of September, 18S7. and theretofore, the master and crow of the defendants' vessel were engaged in killing, and did kill, fur-seals in tiiat portion of Behring's Sea ceded by lUissia to the United States by the Treaty of March 18G7, and within the waters of Alaska, in violation of section 1950 of the Kcvised Statutes of the United States, and that the jiromiscuous shooting of fur-beaving animals in the waters adjacent to tlie Islands of St. Taul and St. George, and in thai, portion of Behring's Sea cast of the lOJh'd degree of west hmgitude, has a tendency to frighten and prevent said animals from going u]!on tliose islands, as they have been accustomed to do in the past. "2. That 01. the said 2nd diiy of September, 1S87, said vessel, lier furniture, apparel, tackle, cargo, and 1,()70 fiu'-seal skins were seized in said waters by the commanding oflicer of the United States' rev(;nue cutler ' Hear,' then and there engaged in the I?(>venue ^farinii Service of tlie United States. "3. That said commrnding ofTiccr was duly conimissiom-d by the President of the United States, and madi ^ueh seizure luuler the direction and by the autliorify of the Treasury Department of tiie United States. " t. That said projiorty so seized Avas delivered by said commanding ofTicer of said cutter to the United S(at(>s' ^larshal of tlie District of Alaska, and is now within the jurisdiction of (his Court." As conclusions of law, (lie Court finds (hat the plaintiff is entitled to a decree of forfeiture against said vessel, Iier tackle, a])parel, furniture, cargo, and the said 1,071) fur-seal skins. (Signed) LA EAYETTE DAWSON, District Judge. Endorsed: 28. Xo. 93. In the United States' District Court in and for the District of Alaska. United States v. schooner " Sylvia Ilandv. ' Bill of Exceptions. Eiied 23rd March, 1888. II. E. Uaydon, Clerk. In the United States' District Court, District of Alaska. United Stales v. Schoniier " Sylvia Handy," No. m.— Stiiiiilai,ion. It is hereby stipulated liy and between W. M. Grant, United States' District Attorney, acting for and on behalf of the United States} and M. J* Berry, proctor for nutiivo, by the 'thci'c S6 W. S. Morriaey, duly appointed and constituted agent for the owners, that tli'^ following shall be omitted from tlie transcript hereunto annexed, namely : — All the cxliibits referred to in the testimony of J. C. ^Moore. (Signed) WHIT. M. GRANT, United Slates' District Attornni. M. r. BEllllY, Proclorfor W. .S. Morrimj, Atjentfor Oivners. Endorsed : 29. No. 98. In the United States' District Court in aiul for the Distrif't of Alaska. United States «. seliooner " Sylvia Handy." Stipulation. Tiled the 23rd March, 1888. If. E. Ilaydon, Clerk. In thp United States' District Court in and for tlie District of Alaska. In the Matter of the United Stulcj v. Schooner " Sylvia Ihindij.''—^o. 93. Now comes ^I. P. Berry, proclov for cl.'iiniant, and moves the Court for leave to file stipulation for the ai)|)iais('(l value of ihv schooner " Sylvia 1 randy," her tackle, 'pparel, small boats, arms, amnumitioii, and cargo, eonsisUng of 1,078 fur-seal skins. Uptm examination of t'.ie slipulations it is ordcrfd by (lie Court that the same lie approved, and whereiijion the Court issued the followiiu? order, lo wit: Tlie stipulation of the claimants heroin Mitli siiflicient .surety having been filed and approved, it is ordered tliat the above-named vessel and all her taclvlc, apparel, furniture, arms, ammunlMon, and cargo, consisting of 1 XuH fur-seal slviiis, received in tlii:; port byiiit! United Stat -s' Marshal ior the Jistrict of Alaska, be released, and that the same be delivered toAVilliam S. .Morriscy, Esq., Att nuiey-in-fact for the claimants litrein. (Signed) LA FAYETTE DAWSON, March 23, 18S8. District Judrje. Endorsed : 30. Journal entry. In the Uuitel States' District Court, District of Alaska. In the Matter of the United States v. Schooner " Sylriu Handy."— "No. 93. Comes now M. V. Eerry, proctor for claimants in the abive-en titled caus(>, and )iiays tliat the amended ])etition for leave to appeal and the ailidavit on ajipeal hereto- tore filed be considered by tiie Court. March 2-3, 188«. Endorsed : 31. Journal entry. District octor for in the United States' District Court in and f(n' the District of Alaska. i'l.ilrd Slates v. Schooner " SyUia Handy." No. \)',i. — Stiinilulionfor Cos's ijireii hy L'luimanls on Appeal ^\'hl■ll'as a libel was Hied in tliisCoiul in lliewilliiu ciusi' on llie l."»th da\ of S('ptcmi)er,A.i). is*--?, by M.l). Ball, iMiilcd StatcsWUoiney for the Disiriet of Alaska, ;l^ainst the schooner " Sylvia Handy,." her tackle, appaicl, lurniture, and cargo, for the reasons and causes set forth and menrifjued iu said libel of information, and prayii;g lliat the same may b(> condemned and sold ; And whereas a decree of forfeiture was, on the 2iiul day of Se|il<."iib"'r, 1887, iundered against the said vcs.sel, her tackle, iipi)arel, furniture, and cargo, and against L. N. Handy, J. L. Handy, James L. Carthcut, of San Francisco, California, inter* [95] F 2 36 vcning as the sole and only claimants to said vessel, tackle, apparel, furniture, and cargo ; And wlionvis tlie said L. N. Handy, J. L. Handy, and .1. L. Carthcut, claimants as aforesaid, arc desirous of and purpose appealing from the said Decree of this Honourable Court to the Su))romc Court of (he- United t*tatcs: Now, therefore, we, the undersigned stipulators, suhmitting oiu'selves to the juris- dictiou of this Court, do acknowieclgn ourselves to he bound luito tlie United Sttites of America, Ihc said L. N. Handy, J. L. Handy, and James L. Cartlicut, as principals, and \V. S. Movriscy and David Wallace, as sureties, jointly and severally, in the sum of 300 dollars lawful money of tlic United States, conditioned that if the claimants above named shall i)ay all costs and expenses which shall be awarded against them by the final decree of the Supreme Court of the United Strifes, then this stipulation to be void ; otherwise to remain in full force and. etfect. Witness our liands this 23rd day of March, 188S. (Signed) W. J. MORRISEY. DAVID WALLACE. United States, District of Alaska, ss. : Personally appeared before me, II. E. Haydon, Clerk of the United States' District Court for the District of Alaska, W. S. Morrisey, and David TV'allacc, who, being duly sworn, eacli for himself deposes and says that he is a resident and householder in said district, and that he is worth the sum set forth in the foregoing stipulation above his just debts and liabilities and propertv exempt from execution. (Signed) W. S. MOllRISEY. DAVIU WALLACE. Sworn to and subscribed the 23rd day of M.irch, 1888. (Signed) 11. E. Hayuox, Clerh, United States' District Court. (Seal United States' District Court, Alaska.) l']ndorsed: Tn"o. 0^^. 32. Tu the United States' District Court in and for the District of Alaskn. United States r. schooner " Sylvia Handy." Bond for costs on appeal to the Supreme ('ourt of tlie United States. Eiled and approved the 23rd !Mareli, 18S8. H. E. Havdon, Clork. In the United States' District Court in and for the District of Alaska. I, Henry E. Haydon, Clerk of the District Court of the United States in and for the District of Alaska, do hereby certify that the foregoing copies of pleadings, papers, and journal onirics in the cause of the United States v. the schooner "Sylvia Handy" and L. N. '' 'v and Co. liave been by me compared with the originals thereof as the samf uppe.ir o- le and of record in this Court, and that the same are full aiul true tran* fisot s i original pleadings, papers, and journal entries now in my custody and con'.iol. In tesi.mony whereof T have Ju'reunto set my hand andairixed the seal of the said Court, at Sitka, in said district, this 2n(l dav of April, 1888. (Siirued) HENRY E. HAYDON, Clerk. (Seal United States' District Court, Alaska.) Endorsed on cover: Alaska 1). C. U. S. No. 03?. The schooner " Sylvia Handy," her tackle, apparel, &c. ; L. N. Handy, .hunes Carthcut, .1. N. llaudy, and "^VjHiani Thomas, owners, appellants, c. the United States. Eiled the lOtii .Tune, 1888. No. 18. iS'i'c ./. Ptinncpfotc to the yiarquis of SalisliHri/. — (liiiciveil, December 27.) Mv Lord, JVtisliliit/lon, Decemlier 10, i">9n, IN the lust paragiapb of your Lordship's despntcli of the 22n(i October I w. ■< instru'lcd to read that desputch to the Secretary of State, if he should revert to the subject 87 of his note to me of the 19th July, but your Lordship added that you did not consider the controversy which it raised of sufficient importance to require any cominunication on my part unless Mr. Blaine should refer specially tO' it. Although he has not done so, I observed that the subject was adverted to in an article in the " New York Tribune," purporting to give some information as to tiio further correspondence on the Behring's Sea (juestion, wiiicb, as announced in tiio President's Message, will shortly be presented to ConLrre^s. In these circumstances, 1 thougiit it desirable to comuuiuicatca copy of vour Lordship's despatch to the Secretary of State, in order that it might be included in the further correspondence about to be published, and I called on Sir. Blaine on the lltli iiK^tiiiit and placed a copy of the despatch in his bands, cxi)laining that I did so in consequence of tlic article which had api)eared in the " New York 'J'ribune." I have, &c. (Signed) JULTAN PAUNCEFOTE. ation of the legality of tlic recent seizures of British sealing-vessels in No. 19. Sir J. Pauncefote to the Marquis of Salisbury. — {Received December 30.) My Lord, Washington, December IP, 1890. I HAVE the honour to transirit herewith a printed copy of a note which I received on the 17tli instant from the Secretary of State. It co.);aiii- the reply of the United States' Government to your l.ordship'.s despatch ot tlie '' ri "st last, offering on behalf of Her Majesty's Government to submit to arbi'r »T I i I. the Heiiiciig's csea by United States' revenue cruizers. The voluminous character of this i.ote precludes any attempt to give even a brief abstract of its contents within the limits of a 'iespatch. Its main feature, however, is that wliilc the United States' Government decline to stdmiit to arbitration the real (]uestion in controversy, namely, the legality of the seizures of British vessels in the Behring's Sea outside of territori;:! v.p.ters, they express their williniincss to submit to arbitration certain liistorical and political ()uc«ti()ns which, in my humble opinion, would raise false issues, however pertinent they may be as sujjplying materials (or argument in support of tlie American contention. For, even if all those i|ucstions were decided in favour o( the United States, it would not follow that the seizures 'Acre justified, or that tlie claim of tiie United States to the control of any part of the Hebring's Sea outside of territorial waters could be supported by international law. 1 have, &c. (Signed) JULIAN PAIFNCEFOTE. Inclosure in No. 19. lihilne to Sir J. Pnunrefole. Sir, YOUR note of the 1 a copy of a desn .Lii irom i, De/Kirl mail of State, Washington, December 17, 1800. Aiigi;,-t, which 1 acknowlcilged on the 1st September, inclosed ([uis of Salisbury, dated the 2nd August, in reply to my note of tliL oOlii .lune. The consideration advanced hy his Lordship have recci ed the careful attention of t!ie President, and I am instrneied to insist upon the eorrectr.jss and validity of tiie posiiicui wliicli has been earnestly advocated hy tiie (lovernnient of the United States in defence of American rights in the iJehring's Sea. Legal and dii)lomatic questions, apparently complicated, arc often found, after pro- longed discussion, to depend on the settlement of a single point. S'.icb, in the judgment ot the President, is tlie ])osition in which the United States and CJreat !$ritain find them- selves in tlie • ndiri. Mitvoversy touching the true construction of the Russo-Ameriean and ■Xnglo-Ilnss" ''.',■ .ii v. A 182-1 and 182». (Ireat Britain contc'ids that the phrase " Pacitio Ocean." as jd in )l< ' It'eatict. was intended to include, and does include, the body of uater w'.iieli is now k. j "n as t.ie Behring's Sea. Tlie United States contends that the Hebring's Sea was not mentioned, or even referred to. in either Treaty, and was in no senso !".!uded in the jihriise " Pacific Ocean." If (ireat Britain can maintain her position that the "'■i. ring's Sea at the tinicot'thc Trcitic- with Russia of ISJt iind 1N"J;') was iiulnded in the I' Tj Ocean, the (io\emnu'iit ol tic United Slates has no w'-ll-grounded complaint ij.ii.ist Ik r. It", on the otii'i lunid, ibis (io\eiimuiit can prove beyond all doubt that, llio Behrinjj's S.a, at the date of the Treaties, was understood by liie tiirec Signatory Powers to 33 be a separate body of water, and was not included in the phrase " Pacific Ocean," then the American case ngainst Orcnt Britain is conipJetc and inideniablo. 'I'lic dispute i>roniinently involves tin' meaning of the ])hrase " north-west coast," or " nortli-wcst coast of America." Lord Siilisbury assumes that tiie "nortli-west coast" has but one meauiiiir. and that it includus tlie whole coast stretching northward to the Behriiig's Straits. 'J'lic contention of this Government is that by loiig prescriirtii'.i tiic "nortii-west coast" means the coast of the Pacific Ocean, south of the Alaskan Pe.iinsula, or south of tlic fiOtli parallel of north latitude; or, to define it still more aceun.tely, the coast, from the noi'thern border of the Spanish possessions, ceded to the United States in 1819, to the point where the Spanish claims met the claims of Russia, viz., from 42" to G0° north latitude. The Russian authorities for a long time assumed that 5i)' 30' was the exact point of latitude, but suhsctiuent adjustments fixed it at 00°. The phrase "nortii- wcst coast," or "north-west coast of America," lias been well known and widely recognized in popular usage in iMigiand and America from 'he date of the first trading to that coast, about 1784.* So absolute lias been this picscri|)tiou that the distinguished historian Hubert Howe Bancroft has written an accurate history of the north-west coast, which at (iitfcreiit times, during a period of scventy-(ivo years, \v;is the scene of important contests between at least four Great Powers. To render the understanding explicit, Mr, Bancroft has illustrated the north-west coast by a carefully prepared Map. The Map will be found to include precisely the area which has been stc 'ii'v maintained by this Government in the pending discussion. (l'\)r Map, see oi)p()sitc p,: ' The jihrase " i.ortli-west const of America . infrequently been used simply m the synonym of I'.ie " north-west coast,'' but it ik; • been used in anotliei' sense as including tiic A'liericuu coast of the Russian possessi.,.is as fiir northward as tlic Straits of Beiu'liii:. Collusion has sometimes arisen in the use of the piuMse " north-west coast of Ameiica," bui, the true meaning can always be dtterniintd by reference to tiie context. The Treaty between the United Stiites and Russia was concluded on the l/th April, 18:2-1, and that between Grc at ibilain and Russia was concluded on tin; 28tli Tebruary, 1825. The lull and accurate text of both Treaties will be found in Inclosure (A). The Treaty [)etwecn the United States and Russia !s first in the order of lime, but 1 shall consider both Treaties together. T quote the first Articles of each Treaty, for, to all intents and purposes, they are identical in meaning, though difl'ering somewhat in phrase. The J St Article ii' the American Treaty is as follows: — "Article I. It is agreed that, in any part of the Great Ocean, commonly called the Pacific Ocean or the South Sea, the respective citizens or subjects of the High Contracting Powers shall be neither disturbed nor restrained, either in navigation or in fishing, or in the |)ower of resortir.g to the coasts, ujion ])oints which may not already have been occu|)ied, for the purpose of trading with the natives, saving always tiic restrictions and conditions dctciniined by the following Articles." The 1st Article in the British Treaty is as follows :— " Article I. It is agreed that the respective subjects of the High Contracting Parties shall not be troubled or iniilestcd, in any part of the ocean, commonly called the Pacific Ocean, cither in navigating the same, in fishing therein, or in landing at such parts of the coast as shall not have been already occupied, in order to trade with the natives, under the restrictions specified in the following Articles." Lord Salisbury contends that — " T/ic Russian Guiwrniiieiit hud no idea of (tnij dislincHon between Bchriny's Sea and the Pacific Ocean, irliirh latter tliei/ considered as reachinij southward from lichrintfs Straits. Nor throughout the whole of the subsequent correspondence is tliere any reference what- ever on cither side to any distinct! 'o name for Uehring's Sea, or any intimation that it could be considered otherwise than ai forming an integral part of the Pacific Ocean." !, .'V The Government of the United States cordially agrees with Lord Salisbury's state- mint that throughout the whole corresiiondciice connected with the formation of the 'i'leaties there was no reference whatever by either side to nny distiiutive name for Ik'hring's Sen. and for the very simple reason which I have already indicated, that the iKgolialiou had no relerence whatever to tiie Hehring's Sea, but was entirely confined to a * riio siiiiii' per cent, lor the whole period, or 45 per cent, per annum on the original capital. At the time the third period closed, in 1862, the Russian Government saw an 41 opporliinily to sell Alaska, aiul refused to continue the Ciiurtcr of the Company. Agents of the United States had iiiitiiited negotiations for the transfer of Alaska as early as 1859. 'flip Company continued, practically, however, to exercise its monopoly until 1867, when Alaska was sold hy Russia to the Unit(!(l Slates. The enormous profits of the Russian American Coinjiany in the fur trade of the 15elirini;'s Sea continued under the Russian flag for more than foity years after tiie Treaties of 1821 and 1825 had heen concluded. And yet Lord Salisbury contends tha': durina; this long period of excej)tional profits from the fur trade (Ireat Britain and the United States liad as ^ood a right as Russia to take part in these highly lucrative ventures. American and Kii;;lish ships in goodly numbers during this whole period annually visited and traded on the north-west coast on tlie Pacific Ocean. And yet, of all these vessels of tiie United States and Great Bi'itain, not one ever sought to disturb the fur (isheries of the Behring's Sea or along its coasts, either of the continent or of the islands. So far as known, it is believed thai neither American nor English ships ever attempted to take one fur-seal at the I'ribylolf Islands or in the open waters of the Behring's Sea during tiiat period. The 100-mile limit was for the preservation of all these fur animals, and this limit was observed for that ptwpose by all the maritime nations that sent vessels to the Behring waters. Can any one believe it to be possible that the maritime, adventurous, gain-loving people of the United States and of Great Hritain could have had such an inviting field open to them forty years and yet not one ship of either nation enter the Behring's Sea to compete with the Russian-American Company for the inordinate profits which had Howed so steadily and for so long a period into their treasury from the fur trade ? The fact that the ships of both nations refrained, during that long period, from taking a single fur-seal inside the shores of that sea is a i)resumpti()n of llieir lack of right and their recognized disability so strong that, independently of all other arguments, it requires the most aulhcntie and convincing evidence to rebut it. That iMiglish ships did not enter the Behring's Sea to take pari in the catching of seals is not all that can be said. Her HCfpiiescenee in Russia's power over the seal fisheries was so complete that during the forty years of Russia's supremacy in the Beiiring's Sea (that followed the Treaties of 1824-2.5) it is not believed that Great Britain even made a protest, verbal or written, against what Bancroft describes as the "Russian mono|)oly." A certain degree of confusion and disorganization in the form of the government that liad existed in Alaska was the inevitable accompaniment of the transfer of sovereignty to tlie United Statca. Tiie American title was not made complete until the money, specified as the price in the Treaty, had been appropriated by Congress and paid to the Russian Minister by the Executive Department of the (iovernment of the United States. This was effected in the latter half of the year 18U8. The acquired sovereignty of Alaska carried with it by Treaty "all the rights, franchises, and privileges" which had belonged to Russia. A little more thai; a year after the acquisition, the United States transferred certain rights to the Alaska Commercial Company over the seal fisheries of Beiulng's Sea lor a period o! tv.cnly years. Russia had given tlie same rights (besides rights of still lari;er scope) t(j the Russian-American Company tor three periods of twenty years each, without a protest from tiie British Government, without a single interference from British shi|)s. l''or thcfce reasons this Government again insists that Great Britain and the United States recognized, respected, and obeyed the authority of Russia in the Beiuing's Sea; and (lid il for 11. ore than foity years after the Treaties with Russia were negotiated. Jt still lemains for Eiigl.^nd to explain why she persistently violates the same rights when trans- ferred 10 the ownership of the United States. The Ilnd Article of the American Treaty is as follows : — " Article II. With a view of preventing the rights of navigation and of fishing exer- cised upon the tiieat Ocean by the citizens and .subjects of the High Contracting Powers Irom becoming the |)ietext for an illicit trade, it is agreed that the citizens of the United States shall not resort to any point where there is a Russian establishment, without the permission of ihe Governor or Commander; and that, reciprocally, the subjeefs of Russia shall not resort, without permission, to any establishment of the United States upon the north-west coast." The Ilnd Article of the British Treaty is as follows: — "Article II. In order to prevent the right of navigation and fishing, exercised uiion the ocean by the subjects of the High Contracting Parties, from becoming the [y5j G 42 pretext lor nii illicit coninicrcc, it is ni^icud that the suhjects of His Uritaniiic Majesty Kll€^ll not land at any placi' \vl,( ic tlui\' may be a Rus.^ian fstahlislniK'nt, without the permission of the rioNcrnor or CoiiiniaiHlant ; and, on the other hand, tiio Kussimi subjects shall not land, wilhuul jiennishion, at any ilritish cstiiblislnnent on the north-west coast." In the Ilnd Articles of the Treaties it is recognized that both the United States and Great 15ritain have esiablishnienta on the " north-west coast," and, as neither country ever claimed any territory north of the Gdtli parallel of latitude, we necessarily have the m('allin^■ of tliL' north-west coast simnficantly defined in exact accordance with the American eontcution. An arf^nmeiit, altoi^ether liistorieal in its character, is of 'j;reat and, I thiid\, conclusive force toncliini; tliis (picslion. It will lie remembered that the 'I're.ity of the 20tii October, 1818, between the Uniltd Stales and (ireat I'lritain, compi'i.-cd a variety of topics, ainoui; others, in Article 111, th" followinj,': — " It is afjrced tliat auy country that m/iy he claimed by either party m the north-west coast of America, westward of the Stony .Mountains, shall, toiretiier 'vitli its harbours, bays, and creeks, and the navigation of idl I'ivcrs within the sanie, be I'ree and open, for the tena of ten years from the date of the signalme of tiie present Convention, 'o the vessels, eiti/eiis, and subjects of the two Powers ; it beinu' imderslood that this Ai;reeiMcnt is not to be con- strued to the ])reju(licc ol'any idaim wiiich either of the two liii^jh Contractinu' Parties niav have to any part of the said country, nor ~li:dl it be taken to aft'ect the claims ol' auv other Power or State to any part of ilie said cunntry, the only object of the Hij;li Contracting Parties, in that respect, being to prevent dis()utes and dillcrences amongst themselves." While this Article placed upon a commori basis tor ten years the riglits of Great Britain and America on the nurtii-west coast, it made no adjustment of the claims of Russia on the noith, or of Spain on tiie south, which are relerre<21 that no conflict was feared. But after that Ukase a settlement, either permanent or temporary, was imperatively demanded. The proposition made by .Mr. Adams which 1 now cpiote shows, I think, beyond all doubt, that the dispute was wholly touciiing the iu)rth-west coast on the Pacific Occur.. I make the following (juotation from Mr. Adams' instruction to .Mr. .Middleton, our Minister at St. Petersburgh', on the 2Jnd July, 1823:— " By the Treaty of the 22nd February, iSJ!), with Sjiain, the United States accpnred all the rights of Spain north of latitude 42°; and by the lllrd Article of the Convention between the United States and Great IJritain of the 20th October. 1n18, it was agreed that any country that might be claimed by either party on the noiili-wcst coast of .America, westward of the Stony Mountains, shculd. together with its harbours, bays, and creek's, and thi' naviiiation of all rivers within the siime, ue free and open, for the term of ten years from that date, to the vessels, citizens, and subjects of the two Powers, without prejudice to the claims of either party or of any other State. " You arc inillinrr.cil lo projiosv an Article of Ihr sanii' iiii/iorl for a term uf ten year.i from the shjuaturi' of n Joint CoiiLcutioii Octirccn the United States, Grrut Britain, and Russia." Instructions of the same purport were sent by the same mail to Mr. Rush, our Minister at London, in order that the proposition shoulil be compkitely understood by each of the three Powers, The confident presumption was that this proposition would, as a temporary settlement, be acce[)tablc to all parties. But licfore then' was time lor lull consideration of the |)roposilion, cither by Russia or (.jrcat Britain, I'residi'ul .Monroe, in December 1S23, proclaimed his famous doctrine of excluding future l!^uropean Colonies li'om this continent. Its effect on all I'lnropean nations holding unsettled or disputed claims to territory was to create a desire for pronijjt settlement so that, luicii Power could be assurcil ol its own, with- out the trouble or cost oi further defending it. Gr-at Britain was aheady entangled with the U'nited States on the southern sid(! of her' claims on flic north-west coast. 'I'hat Agreement she must a()th and Tiic This of .MeX!! as far so the Rus .Mr. Mi(i(| he did n( used the In ; Lord Sal 49 II ju'i'mnnent Treaty was dosirod, iind in both Treaties the " ten-year " feature was rccognizcrl — ill the Vlhh Article ol' llie llritisli TiLMiy mikI in ihe I\'lli Ailielv ol' the Aiiierieim Treaty. Uut neither in tiir; corresiioiidenee nor in lh<' ]ieisoiiiil eoiil'ercnees that liioii^lit about tlie AL'ivcnicnt was tliere ii single liint fhiil the >4 Fortunately, liowever, it is not neeessarv for the Tnited States to rely on this sugi!;estive di^tiiiition of the north-west coast, or upon tlii^ iiistoi'ieal facts aho\-(; i;iven. It is easv to prove froiii other sources that in the Treatv ht'tween the United States and Russia the coast referred to was Ijiat whieli 1 have detined as the " nortli-'vest coast" on the Pacific Ocean south of (iO^ north latitude, or, as the Uussiaiis tor a loiiu; time believed it, ;')•)" .'!()'. We have in the Depirtmeiit of State the oriL'iiials of the I'rotocols between enrv Mildletoii, and Count iN'esselrode, of Russia, I ipio'e, as I have (|Uole(l in my note of the ."lOfli .(une, a .Memorandum submitted to Count Nesselrode by Mr, Middlefon as part of the tth Protocol : — " N'ow, it is clear, accordini; to the facts estahlishec', that neitiier Russia nor any other Kur()i)eaii Power has tlie riu;ht of dominion upon the Continent of .America between the oOlii and (iOtli dejfrees of north latitude. " Still less has she the dominion ot' the adjacent maritime territory, or of the sea which washes these coasts, a dominion which is only accessory to the territorial (lominion. "Tiierelore, she has not the rif.dit ol exclusion oi' of admission on tliese coasts, nor in these seas, which are free seas. '•The rizht of navijijatiim' all the free seas belou'^s, by natural law, to every inde])endent nation, and even constitutes an essiMitial ])art of this in(le|)endence. •' The United States have exercised navip;atioii in the seas, and commerce upon llu! coasts above iiieiitioned, troiii the time of Jieir IndepiMulenee ; and they have a perfect right to this navii;atiou and to tliis eoniiiieree, and liu'y can only be deprived of it bv their own act or bv a Couvjiition." Mr. Mi.ldleton declares that Rii.ssia had not the right of dominion "upon /'h- Coiilhifiil (if Aiiirrini lii'lircrn Ihe 'A)lli (iii'l uOlii (lc(/frcs of north Id/iliid''." Still less has she till' do'iiinion of ''the a(ljac;eiil luaritiiiie territory or the sra irliicli iraslicy tlirsi' coasls." lie luither ileclares that Russia bad not the '■ ri^ht of exclusion or of admission on ihi'sr coasts, nor in these seas, irlilch nri' free svas "- — that is, the coast and seas between the .'jUth and (il)th dciirecs of north latitude on Ihe hoihi of the continent. Tlie folloAinu: remark of .Mr. .Middlcton deserves special attention:— "The riiibt of navii;atiii,;,^ all the free .irns belongs, by natural law, to every independent nation, aiul even constitutes an essential part of this independence." This eu'nest i)rotest by ]\Ir. Middletoii, it \"ill be noted, was against the Ukase of .MeNiinder wliich jjroposeil to extend Russian sovereignty over the Pacific Ocean as far south as the olst des;ree of latitude, at which |ioint. as Mr. Adams reminded the Russian Minister, that ocean is 4,000 miles wide. It is also to be specially noted that Air. Middletoii's double relerenee to " the free seas" would have no meaning whatever if he did not recognize that trecflotn on certain seas had been restricted. lie could not have used the phrase if iie had regarded all seas in that region as " tree seas." In answer to my former reference to these facts (in my note of the 30tli .iune) Lord Salisbury makes this i)lea : — " Mr. HIaine states that when Mr. Middletoii declared that Russia had no right of exclusion on the coasts of America between the aOth and (iOth degrees of north latitude, nor in the seas which washed those coasts, he infendcd to make a distictioii between liehring's Sea and the Pacific Ocean. I>i!t on reference to a Map it will be seen that the (iOtli degree of north latitude strikes straiglit ;ici'oss Behriiig's Sea, leaving by far 'he larger and more important irirl ol' it to the soiitli; so that I confess it appears to me that bv no conceivable construction of his words ear, Mr. Miildlctoii be supposed to have e.xcejited that sea from those which he declared to be (ice." If his Lordship liarl examined his Map somewhat more closciy, he would iiavc found iiiv statement literally correct. When Mr. Middletoii referred to •' the Continent of a America between the 50tli and 60th degrees ol north latitude," it was iniposaible that ho could have referred to the coast of Heliring's Sea, for the very sim])lc leason tliat the 50th derrce of latitude is idtogetluT south of the Behrin^'s Sea, The fact tlmt the fiOth parallel "strikes straifiht across the l?iliriiii;'s Sen" has lu) more pcrtiiiciicfi to this discussiou than if his Lordship l.ad reuiaiked that the saiiie pandle! passi's tlndii^'li the Sea of Okhotsk, which lies to the west of liehring's Sea, just as the arm of the North Pacific lies to tiie east of it. Mr. iMiddleton was denying Russia's dominion upo:i a continuous line of coast upon the continent between two specified points and over the waters washing that coast. There is such a eontinous line of coast betwe(.'n the oOth and 60th degrees on the racifie Ocean ; but there is no such liiu; of coast on the Behring's Sea, even if you measure from tlic southernmost island of the Aleutian chiiiii. In a word, the argument of Lord Salisbury on this point is based u|)on a geographical impossibility. (See illustrative Map on opposite page.) But, if there could be any doubt left as to what coast and to what waters Mr. Middleton refeired, an analysis of the last paragraph of the 4th IVotocol will (lis|icl that doubt. When Nfr. Middleton declared that " tlif UnUcd Stntrx hiivn e.rrrrifrd navigation in the seas, aurl cnnancrcc upon llir cnauls ithovc mcniioni'd, from the time of llirir independrnre," he makes the same declaration that had been previously made liy Mr. Adams. That declaration could oidy refer to the north-west coast as I have deserihed it, or as Mr. Middleton phrases it, "the Continent of America between the oOth and (iOth degrees of north latitude." Even his Lordship would not dispute the fact that it was u]ion this coast and in (he waters washing it that the United States and (ireat Britain bad exercised free navigation and commerce continuously since 1784. By no possibility could that navigation iiiid commerce have been in the liehring's Sea. Mr. Middleton, a close student of history, iiiid experienced in diplomacy, cnvdd not have declared that the United States had " exercised navigation " in the Behring's Sea, and " commerce u))on its coasts," //-oz/y the time of Ihnr independence. As a matter of history, there was no trade and no navigation (except the navigation of explorers) by the United States and Great Britain in the Behrmg's Si a in 1784, or even at the time these Treaties were negotiated. Captain ( 'ook's voyage of exploration and discovery through the waters of that sea was completed at the clos'j nf the year 1778, and his " Voyage to the Pacific Ocean " was not published in London uiitii five years after his death, which occurred at the Sandwich Islands on the 14t!i Fel)riiary, 1779. The Pribyloff Islands were first discovered, one in 1786 and the o*l'.er in 17"^?. Seals were taken there for a few years afterwards l)y the Ltbedcf Company of Russia, subsequently consolidated into the Russian-American Comi)any ; but the taking of seals on those Is.iands was then discontinued by tlic Russians until 1803, when it was resumed by the Russian- American Company. At the time these Treaties were negotiated there was only one Settlement, and tiial of Russians, on the shores of the liehiing's Sea, and the only trading vessels which i;ad ciitered that sea were the vessels of the Russian Fur Company. E.xploring expeditions had, of course, entered. It is evident, therefore, without further statement, that neither i!ie vessels of llie United Siates nor of Great liritain nor of any other Power than Russia had traded on the shores of Behring's Sea prior to the negotiations of these Treaties. No more convincing proof could he adduced that these 'i'reaties bad reference solely to tiie waters and coasts of the continent south oi' the Alaskan Peninsula — simply the " Pacitic Ocean " and the " north-west coast " named in the Treaties. a:« The llird Article of the British Treaty, as printed in the British State Papers, is as follows : — "The line of demarcation between the possessions of the High Contracting Paities upon the coast of the continent and the islands of America to the north-west shall he drawn in the manner following : — " Commencing from the southernmost point of the island called Prince of Wales Island, which point lies in the parallel of .')4° 40' north latitude, and between the l.'ilst and the 133rd degree of west longitude (meridian of Greenwich), tiic said line shall ascend to ihe north along the channel called Portland Channel, as far as the point of the continent where it strikes the fjOth degree of north latitude; from tliis last 'ucntioned point the line of demarcation shall follow the summit of the mountains situated \)arallcl to the coast, as far as the point of intersect'on o<' the I41st degree of west longitude (of the same meridian) ; and, finally, from the said point of intersection the said meridian line of the 141st deLnee, in its prolongation as far as the Frozen Ocean, shall form the limit between the Russi;in and the British possessions on the Continent of America to the north-west." llie Sf-'UH 0' k -i^kCM ' HASr 0» ..[ *,) :i_Er FT !T 1 '. r i ' i I ^ -r ■y JH**"" . V " It / T '"' ' i.i.J IJ-LI rx.i-3 Fr : )--i A 7 ^-x^ »i»'«i.,»-» -.fj.">. c? If «-Hi i.c:rjTT-n^ n irrr rrf fr r'-f. i : 1 1 r r i ■ V! !T ! . ^^ T 'T ri' ; rT^r- ' ■ i : NO'* ■hifK K»Rr 0' ..[ * iKLO !aVI KlNL TM BtH^NO ', F * ) T '"' ' :.-'.-' ij_l; ni:.i::i f I ilT .1. j.» ! L!^,T.j LI I i.in.i ii r rxJH r'.Ji ETii ri J- t fU L ' V » r , f e A A 7 ' lit' /' r' Cv.^ p.-, i'>^., V. ^"v, . V A "^l c: ^•>*, »a) J y A L K_^ \ \ -/ m,-S(«i'^ t -•si-^- ,« ■ «».».. 1 j^ 'i i /' >»o» v*» ' ■■-••■» ""^ f ."v^• ■ 1 '-%»^ -^^' 1 M. ^?!.. >M70* ■<;.<". I T- ^~T"i ri' ; : T^r? y :• x'. ii ' !t: h riiTT-. ; ■ '~ r-;_!_j_fi h > \ I t . i.i . J v-^ i-j w E:^^. Hi h* -i *-• ." It A!iieri( to tlie I line rc! west l( direotl} ri'feren coiintr' W line its to llie to tiie of 54° we will As to t liiiigitu no ^cA will) yi tion oC tcrritoi A A c< undersi << « to the< lirerce I'rDin ti belong of the from." Tl along Article never 1 Tl M Parties other, coast session nient s Tl tlie lini ([uentl) niitiitiu withia T it tlicy 111 enjoy I and St (leriiar( veiUioi T arrivjni ■juting It will be observed tbnt this Article explicitly delimits the boundary bttwicn Fritish Aniericii nmi the Uussiiin possessions. This deliriiitation is in ininule detail (Voiu .04° 40' to the northern terminus of the coast known as the noith-west coast. W lien the houiulaiy- Ime reaches that point (opposite ()(F north latitude) uiiere it intersects tiie Hl.-t dtu're;.' of west longitude, all particularity of description ceases. From that pdint it is |)rojected directly northward for fiOtt or 700 miles without any reference to coast-line, without any reference to points of discovery or occupation (lor there were none in that interior countrv), but simply on a lont,ntudinai line as tin" nortli as the Fro/en or Arctic Ocean. \\ hat more striiiing interpretation of tiie Treaty could there lie than this boundary- line itself? It could not be clearer if the IJritish negotiators had been recorded as saying to the Russian negotiators : — • " Here is the north-west coast to which we have disputed your claims — from liie .')lst to the fiOth degree of north latitude. Vt'o will not, in any event, admit your ri^iit soutii nl' 54" 40'. From .54" 40' to the point of junction with the 141st degree of west longitude «(• will agree to your possession of the c(-ast. That will cover the dis|)ute between us. As to the body of the continent above the point of intersection, at the 141st degree of longitude, we know nothing, nor do you. It is a vast unexplored wilderness. We have IK) f^ettlements theie, and you liave none. \\'e have, therelbre, no conflictiuir interests with your Government. The simi>lcst divisicm of that tL'rritory is to accept the prolonga- tiiin of the I41st degree of longiMuie to the .'\rctie Ocean as the boumliiry. Fast of it the tiiritory shall be British. Wtst of ii the territory shall be Russian." And it was so finally settled. Article IV of the Anglo-Russian Treaty is as follows: — " With reference to the line of demarcation laid down in the preceding Article it is understood : " 1. That the island called Prince of Wales Island shall i)elong wholly to Russia. "2. That wherevei- the suinnut of the mountains which extend in a direction parallel to the coast, (rom the .')t>th degree of north latitude to the point of intersection of the 141st riegrce of we.st longitude, shall prove to be at the distance of more than 10 marine leagues from the ocean, the limit between the Mritisii possessions and the line of coast which is to belong to Russia, as above mentioned, sliidi be t'ormed by ' a line parallel to the windings of the corst, and which shall never exceed the distance ol 10 marine leagues there- from.' " Tiic evident design of this Article was to make certain and detinite the boundary-line along the line of coast, should there be any d'>ubt as to that line as laid \\n in Article III. It provided that the boundary-line, following the windings of the coa hoidd never be more than 10 marine leagues therefrom. The Vth .Article of the Treaty between Circat iiritain and Russia reads thus: — " It is, moreover, agreed that no establishment shall be formed by either of the two Parties within the limits assigned by the two |)reci'dii:g Articles to the jxissessions of the other. Clonscipiently, Hiilish subjects shall not foiin any establishuient tither upon the coast or U|K)n the br)rder of the continent comprised within the bmits o( the Russian pos- sessions, as designated in tln' two preceding Articles; and, in like nuiuner, no cstahlisb- nient shal' be formed by K'ussiau subjects lieyond the said limits," The plain meaning of this Article i> that neither Party shall make Settlements within the limits iissigned by the llird and IVth Articles to the possession of the other. Conse- iiuentlv, the llird and IVth .Vrticlcs are of supreme imi)ortance as making the actual deli- mitations between the two cc.untnes, and forbiddimr each tu foim any establishments within the limits of the other. The Vlth Article of Hussias Treaty with Great Ikitain is as follows: — " It is understood that the sid)jects <*f His Britannic Majesty, from whatever (piarter they may arrive, whether from the ocean or IVotu the interior of the continent, shall lor ever enjoy the rignt of navigating freely, and without any iiiudrance whatever, all the rivi-rs and streams which, in their com-se toward the Pacilic Ocean, may cross the line of demarcation u|toi\ the hue of coast described in Article III of the piesent Con- vention." The meaning of tbl^ .\rtiele is not ob.-iure. The subjects of (ircat luitiiui, whither arriving from the interior xf the continent or Irom the ocean, shall enjoy the right of navi- i;ating freely all tlieriv.r« :nid streams which, in their com-^e to the Pacilic ' \c'»ii, mnii cicsi 4r. till' line of (lrm(trrntini> upon tin- line nf roast (Irsrrilii'd in Artirlf fff. As is pliiiiily a|)|):iiiii!, ;lie cotist lelernvd to in Article ill is tlit- coast sontii of tiic p lint oT juiK'tioii iiliviuiv (icscriiicd. Nntliiim- is clean'r tiiim tlu' ifiisoii tor this provision. A xtrii) of l/md, :\t m jiciiit wider ti)nn H) imnine Iciifrni'^. ruiniin-.: aloiiL; tiic Pi\citic Ocean froni :')4'' 40' ti (ii)'' (:>•_'() niilt's iiv Lreoiirapiiical iiiie. i)V the wiiidinu's of the coast, three times that , vas assiuned to Knssia hv the II lid Article. Direell) lo the east of this strip of land — or, as nni^lit he said, hchind it — lay the Hritish |iossessions. To shut out the inliidiitants of the British possessions from the sen liv Umstrijiof' IninL woidd have heeti not only lun'easoiiahle, hut intolerahle to (jreat Mrit-iin. Unssia promptly eijuceded the privif-ijo, and :;:ivc in (jrcat Mritain the viirht of naviiratiiiii^ ail riu'is crossinif that strip of land (ioin '>4" 40 n, the point ol interscctiun with the 1 I ! st de;;rec )l' loin;itude. W'.tiiout this concessiwu iln' Tr<'aty could not have iiren made. I do ijof nndeistand that L(ad S;ilisi)urv dissents trum this ol)vious construction ot tlie \ Itli Article, for in Ids despatch he s;iys that the .Vrticle has a " restricted hearing," and refers only to '■ the liiif of coast di'snilied in Attiele ill " (the italics arc his o"vn), and the only line of coast descrihed in .\rticle 111 is the coast '••om .'4 40' to ()() . '{"here is no dcscripticin of the coast ahove that point strctchintr alonn 1 ■:' ]?eln'inu''s Sea from latitude 00' to the Straits of iiehrinif. The \ llth Article of the Anglo-I'ussian Treiity, whose provisions have led to the j)rincipal contention hetwccii the United States and viroat liritain, is as Ibllows : — " It is also understood that for the s|)a;e of ten years from tho siLjnattire of tiie present Convention the vessi-ls of the two Powers, or those l)elont;inji ti. their respective suhjects, shall mutually he at liherty to fretjuent, witliout any hindrance whatever, all tiie inland seas, the i:ults, havens, and creeks on tlic eotist mentioned in Article 111, lot the juirjjoses of tishini: and of tradiin^ with the natives." In the judgmeiU of the President the incaninu' of this . Vrticle is altogether |ilain uul clear. It provides that foi the space of ten years the vessels of the two Powers should lantniilbi l)e nt liherty to frc(|uent all the inland seas, &c., ''on the roust nieiilindfd in Artirlr III, for thr purposr of Jishiiuj iinil trudiuij iri/li thn niili'-rs." Followiui; out the line of my ar<;unient and the lannuaije of the Article, I have already midntained that this jirivilcjie eoidd only refer to Aw coast Irom .')4 40 to the jjoint of intersection \\iti; the 1 4 1st deirree of west loniritnde; that, therefore, Hritish snhjeets were not granted the riiiht of l're(|ucnting the iieh.'ing's Sea. Denying this construction, Lord Salishury says : — " I must further dissent from Mr. Blaine's interpretation of Article \TI of the lattiv Treaty (JJritish). That Article ^ives to the vessels of the two Powers ' liberty to fre(pa'iit all the iidaiid seas, gull's, iiavens, and creeks on the coast mentioned in Article III. tor the purpose o( fishing and of trading with the natives.' The cxpres.^ion 'coast mentioned in Article III' can only I'cfi'r in the first words of the .\rlicle, ' the line of demarc iiion latween the possessions ot the llii:h Contracting Parties upon the coast ol the enniiiinit and the islands ol .America to the north-west shall he drawn,' &c., that is to say, it included all the possessions of the two Powers on the north-west coast of America. For there would have heen no sense whatever in stipulatini; that Uussiaii vi^ssels should have freedom of access to the >niall portion of coast which, hy a Liter part of the .Article, is lo hcloiig to lliissia. .\nd. as hearing on this point, it will l)e nitieed th.i' Article \ I, whicli has a more restricted iieaiing, s|)eaks only of 'the suhjects ol His Britannic .Majestv ' and of ' the linr of must dtsnilird in Article III.' " It is curious to note the emharrassing intricacies ol his Lordship's language niul the erroneous assumption upon which his argument is hased. lie admits that the jirivileges granted in the \ l.i .\rticle to the suhjects of fireat Pritain are limited to "the coast deseriiicd in Artiile III ol the Ticaty." Hut when he reaches the X'llth .Article, where the privilc'res u:ranted arc limited to "'the coast mentioned in Article II! ol' the Tnatv," his Lordship nunntains that the two references do not mean the same I'oiist at all. The rnasi drsrrilicd in Article III ai.i the mast n'-nlioned \v .Article III are, therefore, ii. his Lordship's judi;ment, cnfirelv litlcrent. The '• ciMsi desrrilird iii .Article 111" is limited, he a, indivd, a very plain one, and its meaning cannot be oliscured. Ohservc that the " line of dema-cafion " is hctweeii the possessions of hoth |)arti( s nn llir const (d the continent. Oreat Mrit..:" had no |)osscssions on the coast-line ahove the iioiiit of pini'tion with the 141st detriee, nor had Am: any Settlements ahove tjo" north latitude, •^oiifii of •iO north latitude was the oidy place wliere Great liritain had possessions on the 47 codsSliiif. North of that point licr tciriloiy liail no coniu.'Ctiin uha'.cvcr with the coast cithir of till' I'iu'ific Octiui or liu' Ikln inn's Sea. Jt is Ihns (viiiint tliat the only cof/.v/ U'li'ired to in Article Hi was this siriii oj tiind south of (ilT or ;}!>' :;()'. The pieainhlc ck)ses hy sayini; thai the line of dcniaication 'netween tiie possessions on tlie coast " sliail he dniwn in the manner followintr," viz.: From Prince of AVnles Maiul, in h4° 40', alonu' I'ortia'.ui C'hanml and tlio summit of tlie mountains parallel to till' coast IIS far as thiir liitrisniion intli llir I4i...' 'irijm' of Inin/iliiili-. After having ihsrriliril this line of demnrt ati( " lietwecii the jxissessions of hoth parties on the coast, the rciiiainin'; sentence of ihe Article siuuvs tliat, " titially, from the said |)oitit of intersection, the said meridian-line .... shall form Ihi- limit hetween the Russian and British po^session-^ nii the Cfi ill in fill of Amerira" South of the point of intersection the Article (l("-crih(s a Urn- of (Irmarca'ion hetween piosessioiis on llir roast ; north of that point of inursection the Article dcrijnates a meridian-line as llie llinil hcrweeu possessions on the ((inlinriil. 'I'lic ary;i:ment of Lord Sali-liury appears to this (iovcmnient not only to contradict the ohvious meaninii of tiu' \lhh and lllrd .Vrlicles, hut to destroy their l( gical connection with the other Articles. In fact, f^ord Salishury's attempt to make tiro coasts out ol' the oiip coast referred to in the lllrd Article is not only out oi harmony with th.c ])lain provisions of the Any;lo-Ru»siau Treaty, hut is inconsistent with the IMccedimr oart of his own ar;j;um(!nt. 'i'hcse five Articles in (lie British 'i'rcaty (tlie lllrd, IVtli, Vth, Vlth, and Vllth) are cxjiressed with an exactness of meaning which no arj^ument can chaufie or pervert. In u latei' part of my nrtc I shall he ahle, I think, to explain why the flussian (Jovcrnmeut clahuratcd tlie Treaty with (Jreat Britain with u'reatcr precision and at i;reatcr length than •■-as rmpldvcd in framin,' the Treaty with the United States. Il will he remcndicrcd that ix'tween 'he two Treaties tiierc wiis an iiitirval of more fhiiii tin months — the Treaty with till' I'liited States heiiig negotiated in April 18'J4, and tliat with (Ireat Britain in Kehruary I"^"-'."). Dining that interval sonu'thing occurred which nuidc Russia more careful and more etiir.t in her negotiations with (Jrcat Britain than she had heen with the United States. What was it ? It is only necessary to (piote the lllrd and TVth Articles of the American Treaty to |novc that less attention was ;;iven to their consideration than was given to the formation of the Briti.-h Treaty with Russia. The two Articles in the American Treaty are as follows ; — "Article i;i. It is, moreover, atfiecd that hereafter there shall not lie formed by till' citizens of the IJnited States, or under the authority of the said States, any establish- ment upon the north-west coatt of America, nor in any of the islands adjacen'., to the north o; 51. -lu' of north latitude: and that, in the same manner, there shall he none formed hy Itussian suhjeets, or imdcr the authoritv ot Rti-^>ia, --outli of the same par.illel. " .\rlicle IV". It is, neveiiheliss, unuei-tood that liurinu' a term nf ten \ear>. toimting from the simiatme of the present (-'onvention. the ships ot hoth Powers, or whicli helong to iluii cili/eiis or ijuhjects rc-peetiveiy, tnay reciprocally frcipient. without any hindrance whatever, the interior seas, gulfs, harl)oiirs. and creeks upon the coast meiitionetl in tile preceding Article, for the pnrjiose of lishing and trading with the natives ol the country." It will he noted tliat in the Brilisli Treaty four Articles, with critical expression of terms, take thr place of ihe lllrd and IVlh Articles of the American Treaty, which were evidently (halted witii an ah>eiicr of the caution on the part of Russia which marked the W(>rk of tln' Russian i'leiiipotcntiaiiis in the liiilish .legotialinii. FiDiii somi- eauM'. not lully cNplaineo, ureat uneasiness was (elt in certain Russian circles, ami especially ammig the iiiemhers if thi' Rus.-iau-American Company, when the Treaty hetween R-.is-ia an i the I'lulcd States was i.'adc puiilie. The facts leading to the uneasiness were not accurately known, and 'roni that cause they were exaggerated. The Russians who \*ere to he afl'cctcd hy the Tnaty were in douht as to the (lossitije exter.t impiied hy th" |.iirasc " norlii-west coast o!' .Ainericaj" as referred to in the lllrd and l\tli Articles. The phra.ic. as I have Infove >,>id. was i'.m'iI m two scr.se?, and they feared it might have such a eonsliuelion as would cari\ the AMicrican privilege lo the Straits ot Belirin;;. They leared, nioicovci-, that tlu! uncertainty of tl'.e coast reh-rred to in Article III inighl. hy conslruction aiiverse to Ru-sia, include the Hchrinu's Sea among the seas and irulfs mentioned in Ariicle l\ . {(that eonstriietion : liould prevail, not only the Americnn coa^t, hut the coast. of Siberia and (lie .\ieutian coasts, might also he thrown 48 o|)en to tlie impress of Aniericiin (islieritieii. So great iiiul genuine was tiicir fri;;l)t that they were able to induce the Russian (lovirninent to demand a iVesh discussion of tlic Treaty I'.eforc thcv would consent to cxehiinije ratilieations. It is easy, tlierclure, to (ii>cern the tacts whicli caused the difTerencc in precision between the Anu'i'iean and Britisli Treaties with Russia, and whicii at the same time !;ive conchisive force to tiie iu'ij;uinent steadily uiaintained by the (tO/ernuient of the United States. These facts luive thus far only been hinted at, and I have the right to presume that they have not yet iaileii under the oljservation of Lord Sahsbury. The I'residcnt hopes that after the tlicts are presented tiie American contention will no longer be denied or resisted by Her Majesty's (jovernmciit. Nearly eiglit months aftt.'r the Ru.v-o- American Treaty was negotiated, and before tiie exciiange of ratifications l()' of north liilitiidc are positively excepted from the liberty of hunting, tishing, and commerce stipulated in liivour of citizens of tht United States for ten years. '•This seems to hi only a natural consei|ueuee ot the stipulations agreed upon, tor thr rousts of >Silirriian iu;tc was designed to suppl\'. From that time until Alaska, with all its i'uhtsol land and water, was transferred to the Uniteil .States — a period of lortv-three years — no act or word on the part of either (iovernment ever impeached the full validity i| the Treaty as it was understood buJi by Mr. Adams and by liaron Tuyl at the time it «as lormally proclaimed. While these important matters were tianspiring in Washington, negotiations between Russia and iMigland (ending in the Treaty of 18"2o) were in progress in St. Fetersburgh. Tlie instructions to Baron Tuyl concerning the Russian-American Treaty were fully iillectcd in the care with which the Anglo-Kussian Treaty was constructed, a fact to which 1 have alrcai'" .verted in full. There was, indeed, a possibility tiiat the true meaning j| the Treaty with the United States might be misunderstood, and it was therefore the i\ident purpose ot the Russian (jovernment to make the TiCaty with England so plain mid so clear as to leave no room for doubt and to bailie all attempts at misconstruction. The (jovernmenl ol the United States liiids the lull advantage to it in the caution taken by Russia in 182."), and can therefore quote the Anglo-Russian Treaty, with the utmost I'diifidence that its meaning cannot be changed from that clear unmistakable text which, tliruugbout all the Articles, sustains the American contention. The "explanatory note," filed with this (iovernment by Baron Tuyl, is so plain in its lext that, after the lapse of sixty-six years, the exact meaning can neither be mis- upprehended nor misrepresented. It draws the distinction between the Pacific Ocean and [95] . H 50 the wafers now known .as the Belirinji's Son so particulnvly and so pprspicuously tliat no answer can lie made to it. It will h( ar tlip closest analysi<; in cverv particular. " It is not the intention ot' Hussia to impede tlio Tree navi<;atioii of tlio Pacifie Ocean!" This frank and explicit statement sliows with what entire •j.nod faith Russia had wiihiiraAn, in botli 'I'reafies, the od'ensivc TUasc of Alexniuicr, so far as the Pacific Ocean was ijiiid;' suhjcct to it. Another avowal is ((pr.illy explicit, viz., that " the coast of Si!)(M'ia, the north-west coast of America to 5!) [V)' of north latitude [that is, down to ')9^ SJ', the explanatory note reckonini; from north to south] and the .Aleutian Islands are positively excepted from the liberty of huntinir, fishin'z, and commerce! stipulated in favour nf citizens of the United States for ten years.'" The rcNisnn i;iven for this exclusion is most significant ni connection with the pendinjj' discussion, namely, that the coasts of Siberia are waslu-d by the Sea of Okholsk, the Sea of Kamschatka, and the K'y Sea, and not by the "South Sea" [Pacific Ocean] mentioned in the 1st .\rticle of the Convention of the "jth (17th) April, 1824. The Aleutian Islands are also washed by the Sea of Kanschatka, or Northern Ocean (Northern Ocean beini; used in contradi-itiiu tion to Soutli Sea or Pacific Ocean). The lihertv of lumtiuir, (ishimr, iud commerce mentioned iu the Treaties was therefore contincd to the coast ot the Pacific Ocean s.jiilii of ;")!) •".()' hotli to the United States and (Jreal liritain. It inu>t certainly be apparent now to Lord Salisbury that Russia never intended to include tiie Hehrinsr's Sea in the phrase '• Pacific Ocean." Tin- American argument on that (|nestion has been signally viudicated by the official declara- tion of the Russian (ioverunient. In addition to ihe fl^re^oina:, Russia claimed jurisdiction of Ij marine leagues from the shore in the Pacific Ocean, a point not finally iii>isted ujion in either Treiicy. The Protocols, however, show that (ircnt Hrilain was willini; to agree to the 2 marine leaijues, but the United Slates was not; and, after the concession was made to the United States, Mr. G. ("amiini; insisted ujion its heiuLr made to (Jreat Pnitain al>o. In the interview between the American Seerclarv of State and tiic Russian Minister, in December 1824, it is worth noting that Mr. Adams believed that the ap|)lication made by Baron Tnyl bad its origni " iu the appreiiension of the Court of Russia which laid been caused by an interest not very friendly to the -(ood understanding between tiie United Slates and Russia." I presiune no one need be told that the reference here made by Mr. .Vdams was to the (iovernment of Oreat Britain; that the obvious cfl'ort of the British {joveriunent tit that time was designed to make it certain tiiat the United States should not have the power in the waters and on tin shores of Ri briug's Sea which, Lord IStilishiini iioir (iKjiies, hail iDKioiihlrdlii hi'cii ijiri'ii IkiIIi to Ihr United Stiiles and Grcal Britain by the Treaties. It is to be remembered that Mr. Adams' entire argument was to cpiiet Baron Tnvl with file assurances that the Treaty already negotiated was, in effect, just what the Russian (iovcrnnient desired it to be by the incorporation of the " explanatory note " of wiiicli Baron Tuyl was the bearer. -Mr. .\dan\s was not a man to seize an advantage merely hy cunning construction of langnanc which iniirht Inive two meanings, lie was determined to remove the hesitation and distrust entertained liir the !n(,ment by Russia, lie went so far, indeed, as to give an assurance that American shijis wou'd not go above f)/ north latitude (Sitka), and he did m)t want thi' text of the Treaty so eliamred as to mi'ution the facts contained in the exi)lanatory note, because, speaking of the hunters and tiie fishermen, it "was wisest not to |)ut such lancies into their heads." It is still further noticeable that .Mr. Adams, in his scnti'ntious expression, spoke of the Treaty in his interview with Baron Tuyl as "the North-West Coast Convention.'' This closely descriptive phrr.se was enough to satisfy Raroii Tuyl that Mr. Adams ha'l not taken a false view of the true limits of the Treaty, and iiad not attempted to extend the privileges granted to the United States a single inch lieyond their pltiin and honourable intent. The three most confident assertions made by Lord Salisbury, and regarded by him as unanswerable, aa-, in his own language, the following: — 1. That Kniflanfl refused to admit any part of the Russian claim asserted by the Ukase of JH'il of a maritime jurisdiction and exclusive ri^lit of fishing throughout the whole extent ot that claim, from Rehring's Straits to the ."ilst parallel. 2. That the Convention of 182;") was regarded on both sides as a renuncialion on the pert of Russia of that claim in its entirety. 3. That, though l>eliring's Stiaits were known and s|)e(i(ieally providee line indicated by Lord Londonderry in the despatch above (]Moted. This is nioie plainly shown by a " .Memo- randum on the Russian Ukase" delivered bv the Duke on the 1 7th October to Count Nesseirode, Russia's Representative at Verona. 'Ibe l)uif the .Maskan I'eninsul.i. and on the north-west coast bordering iin the Pacijic Ocean. Eni^land (nvned no ti-rritorv on the coast noith of the Alaskan I'eriinsula, and hence there was no rea^ion for Cdnnct ting the coast al)ove tlie peninsula in ■luy way with the (piestis)!! helbre the Congress. Kvidently the Duke did not, in the remotest riianntr, connect the subject he was discussing with the waters or tlu; shores of the liehring's Sea. The most sigin'ticant and important of all the inclosures is !Vo. 12, in which .Mr. Stratford Canning, the Uriiish negotiator at St. I'etersliurgh, comnuinic-ated, under date of the 1st .March, \X2'}, to .^lr. C. Canning, Minister cf Foreign Affairs, the te.\t ot the Treats lietweeu K'igland and Russia. Some ol Mi. Siratliud C'anning's statements are very important. In the seco.id paragraph of his letter lie makes the following state- iiient : - '• The line of demarcation along the strip of land on the north-west coast of America assigned to Russia is laid down in tlie Convention agreeably to ytnu' directions." .... .After all, then, it appears that the "strip of I mil,"' to which we have already referred more than once, was reported by the Knglish I'Icnipotentiary at St. iVtershurgh. This i'lcarly and undeniably exhiliits the field of controversy between Russia and I'.ngl.iml, even if we had no other proof of the (iict. It was solely on the uorlh-wcst coast bordering on the I'aeiHo Ocean, and not in the Relning's Sea at all. k is the same slri/i of land which the United States aciiuired in the purchusc of Alaska, and runs from iVf" 40' to ijif uorlh latitude — the same strip of land whicli gave to British .America, lying liehind it, a free access In the ocean. [95] H - Mr. Stratford Canning also communicated, in his letter of the 1st March, the following : — " Witii respect to Rchring's Straits, 1 am happy to iiavo it in my i)ower to assure you, on tiic joint authority of tiic Iliissiaii 1'l('i)i|)()tciitiiirii>s, tiiat thr Emperor of Russia hnn no intention wluitever of niiiintitininii niiji '•.rclnsirr vliiini to tif ndviijiilinn iif those strails or of the seim to the north of tltem.' Tliis assurance from the Emperor of Russia is of that kind where tiie power to give or to witliliold is absolute. If tho Treaty of 1S2') i)ct\veen Great Britain and Hiissin had conceded such rights in tlie Mciiring waters as Ijord Salishury now claims, wiiy wm-, Sir Stratford Cannini; so '-happy" to "have it Id ids poucr to assure" the Uiiti^'n Foreign OflRce, on "the authority of two Russian Pleiiipotentiiiries." tliat "the Ivn|)cror liad no intention of maintaining an exehisive claim to the navipition of tiie ]iehiiiii,''s Straits," or of the "seas to tlie north of them." Tiio .vykv to thi' soalh of the strrii's were most sijinificantly not included in tiie Imperial assiuaurc Tla- Kimiish statesmen of that day had, as 1 have before remaikcd, attempted tiie aixilitiou ol tlie Ukase of Akxaii'ler only so far as it affected llie coast of the Pacific Ocean from tiie 51st to the (jOtli dei;iei' of north latitude. It was lelt in full force on the shores of tlie Heiiring's Sea. There i< no proof whatever that the Russian Kmi)eror annulled it there. That sea, from cast to west, is 1,300 miles in extent ; from north to soutli it is 1,000 miles in extent. The whole of this great body of water, niuler the I'kase, was lefl open to the world, except a strip of 100 miles from the shore. Rut with these 100 miles enforced on all the roasts ot the Behring's Sea it would he obviously impossible to ajiproach tin; Straits of P"liniiu the l.'itli .liily, 181."i. The disposition of the illustrious prisoner was primarily determined by a Treaty neirotiated at Paris on the 2nd of the fallowing August hvtween (ireat Britain, Russia, 68 PriHsin, and Austria. Ry tliat Treaty "the custody of Napoleon is specially intrusted to the Hritisli Oovenunent." The choice of the place and of the nicastircs which could best pcciirc the prisoner were es|iceially reserved to Hi-* nritaiinic .Majesty. In iJinsuanee of thiN power, Napoleon was promptly sent liy (ireat liritain to the Uliuid of St. l|cl, a fortnij;ht alter the Uattle of Waterloo and twelve days before Napoleon became a prisoner of war, an important Commercial Treaty was eoneliided at London between the United States and (ireat Britain, It was the se(|uel to the Treaty ot (ilient, whicb was concludeii some six months before, and was remarkable, not only from tlu' character of its ])rovisions, but from the eminence of the Ameiican ne^-otiators — John O.uiney Adams, Henry C'l.iy, and .Mbcrt Gallatin, Anions; other provisions ol this Treaty relaxinp; the strinj;cnt colonial policy of Kntiland was one which agreed that American ships should be admitted and hospitably leceived at tin; Island ol St. ilehna. Pei'oie the latiHcations of the Treaty were exehangcii in the lollovxiiii; N()vend)er, it was determined tb.it Napoleon should be sent to St, Helena. l']nalaiid thereu|)on declined to ratify the 'I'reaty unless the United States should surrender the provision resnectini; that island, .\tter that came the stiiiment enactment of Parliament (orbiddini; vessels to hover within 'J-l miles ol tin- iskuid. The United Stati's was already a i;ieai Commercial I'ower. She bad 1,4(1(1,000 tons of shippim; ; more (ban .')(iO ships beariiiL; her flai; wen- engaued in trade around the (apes. Lord Salisburv has had much to say about the liberty of the seas, but these .')00 American ships were denied the; liberty of the seas within a space of .")() nnhs wide in the South Atlantic Ocean by the express authoritv of (ireat Britain. The .Act of Parliament which asserted this power over the sea was to be in force as loni; as Napoleon should live. Napoleon w.is bt)rn the same year with Wellington, an ' wus therefore but K' veais of iige when he was sent to St. Helena. His expeetatitni of life was then as L'ood as that of the Duke, who lived until IS.VJ. 'ilie order made in April ISKi to obstruct free naviuiation in a section of the South Atlantic mij^lit, therefore, have been in force for the period of thirty-six yeari, if not loniicr, it actually jn-ovcd to lie for tive years oidy. Najjolcon died in I ^"2 1, It is iiardly conceivable that the same nation which cxercit;ed thi-, authority in the iiroad Atlantic, over whieb, at that very time, 8'lO,()(K),(MiO of peop'e made their eoin- iiicrciai exchanges, should deny the rij,dit of the United States to assume control over a limited area, for a fraction of each year, in a sea which lies far beyond the line of trade, wliosc silent ''.aters were never cloven l)y a commercial prow, whose nninhabiied slnaes liiive no porr of entrv. and could never he aporoacbeu on a lawful errand nider any ither flan than that of the rnited States. Is tins {iovirnment to nnderslaiid thai Lord Salishurv ju^tities tiic course ol iMinlaiid '.' Is th'.s Gov, rnmeiit to iindeistaiid tl.al Lord Sali«li,ir\- iiiainlaii.s the r'v^Ui of l'ai'j;laiid. at hei" will and jileasure, to obstruct tl;e h'i;iiAay of commerce in mid-ocean, and that she will at the .same time interpose objections to the A4 United States cxerciBing her jurisdictinn boyoiui the 3-mile limit, in a remote and uniiMtl sea, for the sole |)ui()f)sc of preserving tlic nicst valuable I'ur-seul fishery in the world from remc(iilesfi destruction ? If (ireat lirifain sliidl consider that the precedent set at St. Helena of obstructiiMi to the navi!,'ai)le waters of the ocean is too rcniote for present iinolation, I invite licr attention to one .still in existence. I'A'en to-day, while Her -Majesty's (loverniniiit is aiding one of her Colonies to destroy the Anu'rican seal tisheries, anotlier Colony, witli .ler consent, has eslahlished a |)earl fishery in an area ol the Indian Ocean (iOO miles ui(i(. And 80 complete is the assumption of power that, aecordinj; to Sir (ieorge lladeii-l'owiH, u licence-leo is collected from the vessels eni;ai;e(l in the pearl (isheries ii\ the open nccun. The asserted power goes to the extent of makinj; foreign vessels that iiave proemed their pearls far outside the .'^-tnile limit pay a heavy tax when the vessels enter an Au»;riiliiin port to land raruoes and retit. Thus the foreii^n vessel is hedj;ed in on both ^ides, anil is l)ound to pay the tax under liritish law, because, as Sir (ieorije lladcn-l'owcll intimates, tiie voyage to unothei jiort would prol)ahly be more expensive than the tax. I (juote I'mthci' from Sir (ieorge to show the extent to which IJritisli assumption of power ovir tin Ociui has gone : — "The right tu charge these dues and to exercise this control nutnidi- titv 'A-milr limil is based on an Ao^ ot the Fi'deral Couiu:il of Australasia, whicii (Tederal Council Act, 1mm.'), sec. l.'i) enacts tl at the Council shall have lefiislativt; authority, (n/cr «/('(/, /a rcsitfii la finheiieH ill Awtratiuii wutiTu (nuhlf Ici'riliinnl limils. In l.'^S'.J this Council passed an .Vet to ' regulate the pearl-shell and brche-ilc-wcr tisheries in Australian waters adjacen* to the Colony of NVestorn Australia.' In l8M8u similar Act li^xl been passed, deuhn^ with the (isheries in the seas qdjacuni to Queensland (on the east coast}." I am directed by the President to say that, on bel'.alf of the United States, he is willing to adopt the text used in the Act of Parliament to exclude ships from hoverin;,' nearer to the Island of Sf. Helena than 8 marine lea;;ues, or he will take the exain|ile cited by Sir (Jeorge JJaden-Powell, where, by perniissicn of Her .Majesty's (tovernment, control over u part of the ocean tiOO miles wide is to-day aurhorizei eat Hiitain uiinoiinceR lliat slie is will'ng to ■iitth' tile (li>|)iite liv nrhitratioii. Her proposition is contained in the t'oUowinj.' paiiigraph, «hich 1 (|U()te in full : - " I have to icfjuest that you will eonmiunicate a copy of this despatch, and of its inelo>.ures, to Mr. Uliiine. Von will sijite that Her Muie-ty's (Jovcrnioeiit have no desire whetever to reluse to tlie United Stales anv jurisdiction in lk'hrini;'s Sea which was (•oiiced((l hy (Jreat Ihitaiii to Uussia, and which properly accrues to the i)n'sent pnsscsBorB nf Ahis^ka in virtue oC 'rrmlies or the law of nation-.; and that, if the rmtcd Sliites' (lovcinincnt, after ixaiuinalion ol the evidence and arirnrnents wliich I h iw produced, >till (liH'er hdin tluin as to the lenality of the recent capture^ in that sea. thev ure icady to ajrice that the {|iieslion, with the issues that depend upon it, should he referred t" iinpaitml arhitiation. You «ill in that case he authorized to coHHider, in concert wilh Mr. IJlaine, the niithod of procedure to he followed." In his annual Mcssauc, seiyj, to Congress on the 1st of the present month, the President, speaking in relation to the nchrini;'s Sea (juestion, said: — '•The (iH'cr to niiinit the (juestion to arhitratinn, as proposed i)y Her Majesty's (lovernnient, has not licen acccptetl, for the reason that the form of suhinission proposed is not thouttht to he calculated to assure a conclusion satisfactory to either party.' In the judirmcnt of the President, nothinf? ol Importance would he settled hy proving that (ircat Hiitain conceded no jiiri-diction to Russia over the seal fisheries of the Hehiinii's Sea. It mii;hf as well he proved that Russia conceded no jurisdicticm to Knglaiiii over the Ri- er Thanies. By doiiij? nothing in each case everythin>; is conceded. In neitiier case is nnyiliiii),' asked of the other " t'oncession," as used here, means simply hfiiiiirscrnrc in the riuditfuliiess of the title, and that is the only form of concession wliieh Russia asked of (Jreat Rrilain. or which (Jreat Mrituin Kuve to Russia. Till' second otier oi I .ord Salishm y to ai hitrate amounts simply to a suhmission of the (|iicstion whether aiiv mii' try has a rii;ht to extend its jurisdiction more than one marine league from the shore i' No one disputes that, as a rule; hut the (picstion is whether there may not he excejjtions whose enforcement does not interfere with those hi;;hway8 of commerce which the necessities and usagr of the world have marked out. (Jreat Britain, rthen she desired an exeejition, ilid not stop to I'oiisider or regard the inconvenience to which tlie commercial world might he suhjectcd. lier exception placed an ohstacle in the highway hetween continents. The United States, in jjroteciing the seal fisheries, will not interfere with a single sail of commerce on any sea of the glohe. It will mean something langihie, in the President's opinion, if Great I'liitain will consent to arhitrate the real (piestions which have hccn under discussion hetween the two Ciovernincnts for the last four years. I shall endeavour to state what, in the judf^ment of the President, those issues arc: - 1. What exclusive jurisdiction in the sea now known as the Hehriiig's Sea, and what exclusive liiihts in the seal tislurics therein, did Kus«ia assert and exercise prior and up to time of the cession of Alaska to the United Stales? 2. How far were these claims of jurisdiction as to the seal fisheries recognized and conceded hy (inat Hiitain I 3. Was the hody of water now known as the Behring's Sea included in liic phrase " Pacific Ocean," as used in the Treaty of 1835 between Great Britain and Russia ; and what rights (if any) in the Behring's Sea were given or conceded to Great Britain by the said Treaty? 4. Did not nil the rights of Russia as to jurisdiction, and as to the seal fisheries in Behring's Sea east of the water boundary, in the Treaty between the United Stales and Russia of the .'lUth March, I8()7, i)ass uiiim|)aired to the United States under that Treaty ? ;'). \Vliat are now the rights of the United States as to the fur-seal tisherii's in the waters of the Meliring's Sea outside ol tiie ordinarv teriitoiial limits, whether -ucli rights grow out ol the cession hy Russia ol' anv s|)ei ial rights or juiisdietioii held hy her in such fisheries or in the waters of Meliring's Sea, or out of the ownership of the breeding islands and the hal/its of the seals in resorting ihitiier and reaiing tlkir young t'lercou and going out from the islands for food, or out of any other factor incident comiecUd with the relation of those seal fisheries to the territorial possessions of the United States .' .'(> (). If tlif (Ictcrminiition of till' t'oii'i.'()iii:^ (iiiestiDiis slmll Icjive tlic siibiL-ct in hucli a |)oi'u;i|iatioiis lor llif llionl(l exercise an eV(ln->iv'e imisdiction in ordi-r to protcet the seal fur tlie time livint; upon liie islands of tin' I'niled >tau.'s and feedinir tliere- liD'n '.' ("J) Wlieiliei- a elost'd seasmi (duiin;: wliieli the killinir of seals in the waters of Hrlwinjj's Sea outside the ordinnrv territorial limits siiall I'c prohihittl) is necessary lo save the seal tishinir industry, so vnlmihle and important to mankind, from deteriDraiion or di'strnelion ? And, if so, (.;) What liUMillis or natis o| months should l)e includei! in siieli season, nud over what \\,iter> it shmd I extend .' The repeated a>serliiiiis that ihi; < ioverumc;.( of the United Htates dem«'',is that the Behriii'^'s >ea be proiiouned iniirr iiduxuin !.re svitiiout iouadation. Tlir (ioveruinent lias never claiiied it and never dosired it. It expressly disavow^ it. .\!, the same time the United St.ites does not lack ahnndant ant lority. necordiii!,' to the ah'esl exponents of international law. for holding' a small section t.!' the iiehrinu's S-;i for '.In? protection of the fur-seals, ( 'onti(dliiiir a compaiatively ri'-'ti ieted ru'ca of water t'lr that one s] line purpose IS by no means the eipdvalcnt ol det'larinu the sea, m any pail thereol', iniirr cldiLiitii. Nor IS il by nnv means so sciions an ohstrnction as tirt-at lirituin assumed to make in the South Atlantic, nor so iiroundless an inteileieiice with the (vimmnii law ol the sea as is inaiiitiiined liv Ihiti-h authority to-day in the Indian ()(-eaii. The {'resident docs not, however, rKsirc the Kini;,' | o-tpouement whieh an examniation of leizal authorities i'rom Ulpian to I'liillimorc and Kent would involve, lie liiids his own views well expressed by .Mr. Phelps, our late Minister to l".iu;land, when, aftor failing to secure a lust airanLr'-mcnl with (tieut nrit.iin touching; the seal tislieiies, he wrote the followiui^ in liis closini; conimuiiication to hi.s own (jovernmeiit, I'Jlh Se|)teinbcr, 18)^ :— ■ " .Much iearnin:; iuis iiecn cxpenucli a case r Yit that proci*^ would be no more d>.'siiueti\e, inlnnnaii, and w,iiiii)ii than Ibis. "It preeedint- are wanliii'.; lor a defence so nceess.iry ai. I so proper, it is bei'.iuse pree( dents lor sueb. n course of cohduct are likewise unknown. The liesl interimtioiial lm\ has arisen from precedents Ihnt have been established when the put occtt»iou lor Uiciii arose, undeterred by the discussion of abstract ami inadeipiiili.' ruies." I liavc, i:c. (Ki^Mied) JMUmS G. nLAINE. 67 Inclos.iiie (A). Cnnvenllor' hrliipca the luilrd Sliilrx mid Ihissin relnUn- In Xnritiiilioii, h'ishiiKj, and Trrding In thv Pnrijir Oceav, mid to E^hddishmrnts nii llir Sorth-Wrst Count. — Conrludi'd April I", l^Vil ,■ Ralifirnlioiis p.irhiinijcd iit W'li.sliini/toii, .liiniKinj 11, ls25 ; Procluiiiivd janiiiiri/ ]'2, iN'J/i. Ill till' Nnmc ot thf .NJost Holy and Inilivisiblo Trinity. TIIK President o1' tlic Unlt"fl States of America and His f.fajcsty the Emperor of AH flic Riissias, wisliint; to cciu^nt tin- lioncis of amity wiiidi uniti- then:, and to sfcurc li(;tween tiieiii tiir invariahlf ni«iiitc'iii.!icc of » pcrfii't concord, by means of the present Convention, have named as tlteir I'hiiip itentiaries to this ettect. to wit : 'the President of th«! I'nited Mates of America, Henry Middleton, a citizen of said States, and their Knvoy ! xtraoniinary i.iui Minister Plenipotentiary near His Imperial Majesty; and Mis Majesty tiie JMnperor of All the Rnssias, his iicloved and faithful Ciiarles Robert, Comit of Nesseirode, Actual i'rivy Counsellor, Member of the Council of Slate, Secretary of State din din;; the administration of Koreiu;n Affairs, Actual Chand)erlain, Knight of the Order of St. Alexander Nevsky, Grand Cross of the Order of St. Wladimir of the first class, Knif;ht of that of the Whiti' Kaizle of Poland. (Jrand Cross of the Order (if St. Ste|)hen of Ilunuary, Kiii;;hl of the Orders of tiie Holy Ghost and St. .Michael, and (irand Cross ol the Letfion of lloiio,. of I'lancc. Kniijiit Graixi Cross ol the Orders of th« lilack and of the Red Kajile of Prussia, of the Annunciaticm of Sardinia, of Charles HI of ^pain. of .M. Ferdinand and of .Merit of Naples, of the Klephant of Denmark, of the Polar Star of Sweden, of the Crown ot Wiirteniherf;, of the (iuelphs of Hanover, of the Belgic Lion, of Fidelity of Baden, and of St. Constantine of Parma; and Pierre de Poletica, Actual Counsellor ot Slate, Knight of the Order of St. Anne of the first class, and (Jrnnd Cross of the Order of St. Wladimir of the second ; Who, after haviiifj exchanL'cd their full powers, found in good and due form, have au'reed upon and -igned the lollowin;^ stipulations : — ARTICLI-: I. It is airrecd that, in any part ol the (jreat * )eeaii, cummonly called the Pacific Ocean nr Smith Sea. tin- respective citizetis or subjects of the Hifrh Cortractiiif; Powers shall be neither disturbed nor restrained, cither in naviiiation or in tishini:. or in the power of ifiortini; to tiic coasts, upon points which may not already have been occupied, for the lairpose of tradim,' with the natives, savin}; always the restrictions and conditions iiijierminud by the following Articles. ARTICLK II. With a view of preventinir the riuht^ of navigation and of fishimr exeivised upiin tlio (.teat Ocean by the citi/euH and -ubiecls ot the Hiiih Contractiui: Powers from liccomint; liie preleit for an illicit tia(h-, A is ajireed tliat the eili/.ens of the United States shall not resort to any point where there i., a Russian I'staiilisbmcnt without the permi-ision of the Governor or Commnndt-r : and that, reciprocally, tin; subjects of Russia shall not resort, without permission, to any establishment of the United States upon the north- west coast. ARTICLK HI. It is moreover nsr. -d that, herealter. Hiere shall not be formed by the citizens of the United States, m' under tlw aiilhoritv of the siiul States, .my eslahli-himiit upon the iiortb-west coast of America, nor in anv ol the islands udjaeenl, to the north of .J I" ^()' ot Morlli latitude . and tliat, in the miiiic niaimei', there shall he none formed by Russian subjects, or under the authority ol Ruxsia. sMiiU ol the s one parallel. AR'liCLE IV. If is, nevertheless, niiderstond that during ii term of ten years, counting from the iti^nature of tin- jireseiit ('onvention, the ships of both Powers, or which belong to their cnizenH or suh|eels respectiveiv, may iYci|)rociilly fivipient, without anv hindrance whatever, the interior seas, gulls. liarbour.s, and creeks upon the coast nientiuncd in the (951 'i'riinililioii tram llic uriKinal, wIik-Ii ii hi tlie Fraucli laiiKUifs. 8« preceding Artido, foi- the |nir|>ose of lisliini< iitid liMiliir^ wiih tlic natives of the country. AIITIC'IJ': V. All s|)irit.iioiis lii|ii(ii's, firt'-ariii'*, oilier ann-i, poivder, and niiuiitii)iH ol war of rvci'v !\ird arc alwavs exci'iifcd Crom this sanu couiineicc p;Tniilteil liy llu; |ircce;iin^ \rticlc-; am' flic two Powers cnj:a'.re, n'ciprocMlly, ncit'ier to sell nor sutler tiicai lo he s^tld to the native-; !)v their respective citizens and siilij.'cts. nor hv anv p-.Tso-.i wlio iiiuv he iiihKt their autiiority. it is likewise stipulated that this ics(riclii)n siiall never allord u pi-etext, nor he advanced it! anv cas ■ to authoii/.i,' cither searcli or detention of the vessels, seizmu of the merchandize, or, inline, any iiioasnres of con-itraini, whatever towards the 'Tierchaiits or iIk! crews who may carry on this comnicrcc ; the lli;;li ('ontractiii'.': Powers rcciproc.iliy rcsirvin-; to themselves to (Icfcrmiiic npnn the penalties to be incurred, and to inlliet the punishments i\ case of the contravention of this Article by their respective citizens or subjects. .Mint LI-: VI. Wlien this t'onventioii shall hive hcen duly rafilied hy the I'lesident of the Unitd States, with the advice and consent of the Senate on the "iio part. anJ on the other by His Nfajesty the Kmpcror of All the Kossi.is. the ratiticatinns shall he cvchan^'eil iit W'asliinLrton in tlic space often months (rom the d.ilc helow, or sooner if possible. In fiiitli wliereol" the rcspt-etive Plenipotentiaries have siifiicd this C'oavention, and thereto altixed the seals of then- arms. Done at Si. I'etersl)ur!,'h Ihe'ith {I7tii) .\pril, of the year oftJrae-.' one tlioustind ei^ht bundled and twcntv foui. (Seal.) IIKNRY MIDDI.K If )N. (Seal.) I.c Comtc CIl.VMLKS DH NliSftBLKOUK. (Seal.) PIKIlh'K DK l't)l.i:Ti( ' A. Connntiiiii lifiirrvii (iri'iil lirihi'ui niiil Itii^^id. — Siijiied ii' SI. P'lvr-iiurijh, b'rliiuunj HiCJsy, \^-ih : I'rrsriili-il In I'mliamrnl Mtttj pl. IK-J;'. In llii' .Siiiiic 111 ihi' .\|t).l IIolv ^i:iii l^..iniltaiidinLC and lr.end>hip wliieh unite lliem, hv means of an .Airree.iienI wliicli may s-etlle, upon the h.isis ol lecipioeal conviancnce, dilieiinl pomts coiuieeted with the commerce. na\iu;ation, and lisheries of their sii'ijects on the Pacific Ocean, as well as the lindts of their ies|u'clive pos^essi ins on the north-west coast of America, have naiiuil Pli'iiipofenliaries to conclnde a Convention tor tliis purpose, that is to say : I lis .Majesty the Kini; of the I'niletl Kiiii:h)m of (treat Hritain and Ireland, (In Ri'iht Ifoi'.onrahle Stratfoid ( annmu', a .Memiii!' of ll's sa'd .Maiesty's .Most Honourai)h' Privy Coniicil, &e. \n(l His .Majesty tiie Kmperor ol All the Unssuis, the Sieurt'harlo Uobert, Count de Ne.sselrodc, His Imperial .Majesty's Privy '"nnneillor. a Alemher of the Council of the ICmpire, Seeiet/irv ol Slate for tiie l)i-|iait'ncn* of Korei'.;M .Mlairs. \'e.; and the Sienr Pierre de I'oletiea, His Imperial Majeslv's (' jimcilior of State, \'c. ; Who, alter h.-ivinif commoinc.ited In e.ich oliicr tlieir iespecti\c full powers, found ill good and due (orm, have agreed upon and -i^ncd the lollowinj!; Articles : AKTICLK I. !t IS ai^reed that (he respective subjects of the Migii ( ouiruelnij; Parties shall not lie troubled or molested in any part of the ocean, commonly called the Paeilineli p.irls of the coast as shall not have heoii already occupied, in order ti» trade wilii the natives, under the restrictions ;,..,l conditions speeifletl in the following .\rlicles. ARTK LK H. In order to |irt Vi nt the ri;hl of iiavi^ratiii'.; oid lishintr evereiscd upon tli<' ocean by the t-ubiects of the High Contrftctini,' Parties from bceotnimr the pretext lor an illicit emii- II oice, it i> lurecil tliut tin- K'iliji-cts of liis Htitiiniiic ^liijcsty shnll not lond at any place whcio llicif iiiiiy Ic a |{ir^i:iii rst.il)li«liiiiciit, will, out the |ii'riiiis-;i()ii of the Oovcrtior r)r ('()iiiin;ui(i:int ; iiiitl, <;ii tlic citlicr liiiiK', tliiit liii-siiiii sulijccts shiiil not land, witlumt |iv*i'i;iis*ioii, at any l'iili«li i>-t;il)li-i|im('iit on the iu)itli-w(>-t foast, MITICLK III. Tin' line of (Irir.iircatioii l)i't\vci'ii tlip pos-icssions oi'tln' tJi;;li (-"onti'ii.-liiig Pai'ties, upon tlic coast of ilif (•(iiuim-nt and the islands of America to the nortli-west, >liall he drawn in I lie main II- (ollowiii'j: : — • (oiii" I'luin:: Iroin tiic soiitlicrnino-ii po'ml ol' tlic i,-land callid I'riiicc of Wales Isiaiul, wliieii |ioiiit lies in the iiarallej ot .'H lO' luntli laritiidc, and helweuri tlie LSUl and the l.'K'iid (ieirri'e of w("4 liiiii^itiide (nieiidian of ( ireruwicli i, the >aid line shall asecMld totliu north alonu the channi'l called I'oi'tland Channel, as far astlie point of the continent wiicre it strikes the ">()ili de';r( e of north latitnde; fiinii this last-iiieiitioncd point the line of ilcii arcaf'dii sliali lullow the «.niit hiii'.'itnde (ot the same nii'iidiati) ; and, liiiidiv, iioin the said point of iiUerseclion, the said meridian line of the 1 4 Ut decree, in its prol()iiy;alion as far as tho Frozen t)cean, shall form the limit hitw((Mi the Hii-siaii ami lirilish pusscssi-ins on the Continent of America to the north-west. AiiricM.; IV. With reference to the liiii' nl demarention laid down in the prccedinuf Arl'cle, it is nnderstond : I. That the isjimd called I'rinee of Wales Island shall helonj; wholly to Kutinia. '_'. That wherever the summit of the nioiintains which cxlc.id in a direction parallel to the coasi, trom tin- •"'htli dem-ie of north latitude to the jioiiil of intcrsiition ol the 141st decree of we«t ionuitiide, shall prove to he at the distance of more tiiaii 10 marine hanneti from the ocean, the limit hetween the Itriti^li possessionti and the line of coast which is to hchim: to Knssia, as above mentioned, .'•hall he formed h\ a line parallel to the windiiins of the coast, mid which shall never exceed the distmicu of ]0 marine leaitues therefrom. AKTICLE V. It is, jnorcover, aitrced that no establishment sliall he formed by cither of the two I'ar.ies within the limit*; iissiiiiicd hy the two preccdiiii,' .\rtieles to the possessions of the other; eoiisc(|ucnlly. Ih-ilish sidijcits sliall not form any (•••tahlislimeiit either n|ion the roust or upon the border of the eoiitiiienl eompri^cil within the limits of the Kns>iiin |)osse.«sions, as dcsiun.'iled in the two preeedinij Articles; and, in like manner, no est.ihlish- intnt shall be loiimd by Hnssian subjects beyond the said limits. A line 1. 1'. VI. It is nndcrstood ihat the subjects of His Uritamne Majesty, from whatever (pinrter they nun arrive, uheilur from the ocean or fnan the inlcrnir ol' the (■ontiiient. shall for ever enjoy tne riirht of iiiivitjatini; freely, and without aiiv hiiidrantc wiiate>'ei, all the riveis and streams which, in their ionise towards the ['ueitie l)c;ean. may cross the line gf dennireatioii upon the line of coast described in Article III ot the pieicnl Cunvetition. AHIICLi; \ II. It is also understood that, titr the space often years from the sitriiatiire of the present Convention, the \(s>cls of the two Powers, or those heloni^iiii: lo their respective snlijects, shall mntnallv he at liberty to frecpient, without anv himirane:- wliatevi r, ull the inland sens, the i;nlf«. havens, imd creeks on the coast mentimied in Article III, for the pur|iuses of tisliini; ami ot tiadinu; »ith the natives. AIMICI.K VIM. The port ol Sitka, or Noto ArehannelsK, shall be open to tin; commerce a:iil vessel* ol Kritisb sul'iecis for the space of ten years from the date of the exchange ol the ratdica- . - .. i .1 f* :.... I.. «t... ........t V.I ..^.t......: I' ti.;., * .c « lions 111 the present Convention In the event o) '.'ii extension of this term of (en vears I (iO being granted to nny oHicr l'o\v:.) IMI-RRE I)E rOLETlCA. Indosure (B). Lisl of Maps, with Drxignrillnn nf WiiI't.i nnir linoir . as the Rthtlnt/s Sen, with Dntr and I'hire of I'lililicdtion, [In tliiw MiMi« ttu' viili'iH south of Itpliiinn'ft iSoii nr<> vnrinui>ly iii, lirnsv Slid Sn , Mil SiilK- Mciri-. (.:c. I.i nil tin- ilapn, hrhulkit or ll.'nvi-r Km Si. IVlifliurRli I7IN .Mi'Xiiiiih 1 V' '.triiiii'iii' Card- ill' I'l-lr ill' lc»'>. roiiicii 1 to liato. Mrr iU> Kiini'.iioliutkA Pnrii , , I7..-I liV i'liili|i)io Itiiachc, .\fnilrmv ol Hfit iii'i'". »oil ni'iiirriiphii to tiu' Klti(t «1 Great Name of Sin. Miillir'H Miip of tin- Discovcrii'pi liy the Kussiniis im llie North- WVst Ciiast of Amt'riin, )irf|)iirc'!l lor tlif Iiiipi-rial Acnili'iiiy of Scioiicos Il'Auvilli'g Mnp of the WcKtcrii llcmi- >plirro M:ip of IIi'tmiHplii ro Sfntciilrioiml, by Count UccltVin, published uy Uoyal Acudoiny of Srii'iici's Map piil)lii.luil ill the •• Loniloii Magazine " Miip l)y S. Ilflliii, I'liii-inPiT "f the Itoyal Ai'ailciny N'lUvclU' <'arti' ilcn I)i'couvcrtc>» par li-s V:iiiiHi'iiux Uinw's aiiK cc'iti's ini'oniuu'H i\v \'.\mtrtt\w S( plcntrionab'; MiilliT .Iilfrry's Aiiii'iiiaii Atla«. priiiuil by U. SayiT" ami J. It'tini'tt Itoaii Map frmu I'ari'. to TolioKkiii ..| l!..«k>'s Allan; M ip of ihr Woihl ..I Mjp of the ICdst rii pari of ihi' l{ii«»iaii 'IVrritory, l>y J. Truscott M.il. >:f Oii- New \'orlbirii Arcbipnlaci, in .1. von Statl.lin St irckshurK'" Accvmnf of I he Norlh'iii AifliipelaKo, liiti'ly ilis- coif icil bv thf Itus-iariH in tliu St-a^i of Kauit^cliatka anil Anaibi' >aaii.cl Dunn's Nbip of Norlli Anii-rira diiit of Uu>«ian I.'i»iMmrii» from \'uv Map pulibsli'il by the Impirinl Ai'BiK'iny of St. I'l tiTubiirub (Itolit'rt Saver, print- mllir), pubbshcil as thr Ai't iliri'CL.'. JitfiTv'» .\llas; Chart containni({ part of by Sea anil ailjarent Conitii of .\«ia and America; imb'isheil in 177.'), nceonliiiK to Ael of I'arliii'nent, liy Savor and Hennclt Ji(firy'« Alias; Chart of ihc Uussiaii Dih- rovenet, from Map publi«hfil bv Imperial Acailemv of Seiences ; published by Koliert Snyer, March ■-'. 177.). Atlas, Tlioiiias .lefl'eij's ((ieo^jrnpher ti: KiiiK), .\inrrican ; L'jnirt lontaining the Coasts of California, .New .Albion, and the Uussian diseovcries ti the North M:ip in the Kreiicli Kniyclopicdia .. Scriii and Amerika to the year 17WI Map of the New l)i«coveric« in the Ku«tem Ocean St. I'etersburnh Atlas .. .. .. Ilall.Uuael der Krdc. by Hode ., I'liirt of the North- West Cimsl iif America and the Nori!i-l''.a»t Co.isl of Asia, pre- pared by l.ienteuant Henry Koberts, under the iiniiiediitc inspection of Ciipiain C.iok; published liy William laden >!ap of the Kinpirc of Ituuia and Tarlury, liy !•'. I., (ialsefeld \|np III Di-toveries niudu by the Uuwianii ,md by Captain Cook; Alexandre Vil- lirecll Ihiim* \ilns; Map of the World IfAiiville's .Mlas, Map of the World, with Muproveinent^ , prepared for .1. Harrison. ■i« ihi' Act ilireelx Mean's' Voyages; CImrl of Norlb-We»t t 'oast of .Viiirrica ( liir ol tb" World. cMhibilinit all the new dincovo rien to the pr.KCiil tune, with the iraet* of the niosi di»iin({uisliid naii- •jalors from the year I Tmi. carilall\ colhcteil ftini the Im «t (hails, Map<, V.iyaj^es, ti,-., exlatit, by A. Auowtmitli, tieojirapher, an the Act direclu Sea of Kamtaclmtka I'laco of Publication. Date. St. Pctcmburgh Si a of .\iiailir . , .. I'ariH . , Mer Dorniniit . . •• llerlin . , Sea of Kamtitcbatka • • Iioiidon .. Mer d' Kaint.«cli:ilka and Anisirnlim Mir ir.Xniilir Sea of Kanitscbatka and Londo'i , , Sea of .\ nadir Sea of Kamtsehatka , , IVoi.. Sia of .Vnadir . . , , I.otiihin , , .Maro Kaintsohatkicn»ac ., St. I'.tersl,ii.;{li Sea of KamtKchatka and ' Sea of .\na.lir ] Sea of .Vnadir . , Sea iif Kamtucliatka I.oiidon ,. Knmtiirhatkiitcho Mecr Kamt-schatka or ilcaver Rea Sea of Kaintseliatka . . Kamt-chatka Sea , , S'a of Kamtsehatka , . Katiitseh.itkiseh. i ler liib^'r .Meer S.'a i«f I\amt«o!ri!'.a II •• I'ariii I.oriilon St. I'elersbiirxb Iteilin l.ondoii ,, N.ireaihiirn Si t'et'Tsbuigb (.oniliia . . t* • • 175S 1701 1763 178» 1761'. 1 7tiO 17CR-72 17iiy 17711 1771 1774 1774 I77fl 1770 1776 i777 1777 177S 1780 1781 17H.I 17HI 17Hii 17H7 1788 1788 nun 17'.M) i (19 Nnnio of Mh|>, ii'iiriii Mill Vinirikii: .Ma|i in Williiii-n.'s Atliis Map 111' llir Niiilli-I'.a>ltrii part nl Silu'iia, till' Kni/rii Sra, till' Ma»irlM ( 'cran, ami Niirili-\\'('«li'iii iNias's 111' Atiii'l'it'.l, illili- catih^ l!iiliii};>' i'\|K>iiitiuii Annwsaiiiii > .Ma|i nl ihr W niM. . I liiiitii Vim Ainrril.a, I'. I,. (iiiUcl'i lit .AthiK iif .\Iatlu-rt 1 iiri'V ; M ip nl' llii' Worlsl (riiai iIm' lii-ft aiitli riiii--. aii^i Map of ltu>»inii l')inpii'(> ill Kiirnpi' ami Asia C'liart 111' N'nrtli AiiU'rii'M, liy .1. \\ ilki-'. " lut Art liiirclx" III ll.kii;i': il.r Kill.' ., Cliait Mill Nnnl Aiiii'iik.i. l.\ V. I, v'ial-.- t'l'ld ('. K. iK'Inarrhi'' • A'las; Ma|ip" ii ic, liy Kniiiit ilii Vaii'^iiiiily, iiiiliiiiiii'^ iic v l')is^ll\^nl•^ nl ('a|iiain I'mik La l'('riiii-i''s Cjiail nl' tin- (iiiat Ocraii, if Siintli Sa. I'liiilniiiial'ly In llir ili-rnvr irx lit' llir I'li'iii'li lii'.Mti '^ " I.a llin- .iilr" and ■' 1,'Ai-li'nl ilu', piiiii »iiiil in ciii- tiinnily uitli tlir lUini' nf tlir r'n'iicli Salinral A'siiiilily, IT'.U. IniiiKlattil anil lirintril liy .1. .Inliiivm W. Iltatlii'i's Maiiiir Atlas .. .. On'i'nnpi{li'« All i« ; Map liy Vilivci'lil I'liliiii'l ■••'aiti' ill' 1.. C^iti' Niinl-Oii sl ill' l'Anii'iii|iH'Si'|itriitiiiinali', " ami -linw- in({ the ili-cdiiiii". nl' tlir Itiissians ami ] I'lirllofk anil Dick-inn. WilkiiiMin's (fiMicral Allm* ; a hi'm' Mi'icu* tnr'ii C'liart drawn 'iniu the lnti">t i'i>- oovcrii'ii Map ol till' Wiirld ; (iiilicri; ., ... Map Mujra/.ini', r';;npn~i'il at'iiiiilini; In tilt' , lali";'rvrliiinH III' I'lirriiin niiM<;alurii, porrccloil to i St)'.' Map of Mri-r Vi.ii Kanitsi'lintka, «itli tin iiiiitc4 111' ''•']:;.i n .111'. llillin|{'< unil ilait. Saiar. diawn l.y I'rril. (iotzc, tn n.'iniii- ( puny Itrpnrt nl ,itillinj>s' l{ns>ian iXliiial Visit III .Ml nil. I Mill Alaika. Atlas ill's (ianti'ii Kiil' "''•.», liy Clirisliaii (iiittlii'l) Itrii'liaril Anir.vsini'li- (ii niral .Xtlas ,, .Map nf Sairilia SarytM'lii'lf '» jmirm'y in tlir Sintli-l-iast Si a Jfdiiliali .MiMM''- Map of Xniili Amcriin ,, RolirrI Wiikiii-iin's (icnrial .\tl;i« . iii'W Ml icainr .s Cliiirl Alias i.f till' liiissiaii I'lnpiir, ailnptril liy tlir (ii iioinl |)iri'i:linn nf SrliimU. • ii'iu'ial Map nf lln' tiavrls nf I 'a plain ficii tk I ., I'lnoc of rublioation. Date. I'aiis I.oinlnn ., Nnnilii'i'); ., riiilaiK'Iphia Liinilnll ., Xiiii inliirt; Niiniliiru .. I'aris ., Lntidnn , , .MiT III' Kaintscliatka .Sa nf Kaiiilsi-liatka llai'inn di Iti'lirin^ liiMvir Sea nr Sri of Kailil- M'liiilka )idinlmrKtit. Londnii .. (ii'iu'va , . St. l'(?tpnl)i|i'^l| Mil r van Ka 1 t-i'li;ilKa .. Wrimai Mrir villi Kniiit>rkiitka Sia nf Kaiiilvli'itk.i K.i'iitst'liatk I i>r i!^a^^'l Si Kaintsriialka Sia Sia nf KamtiM'lintk 1 llansiii ill' lli'lirini; Si'» nf Kanit'i'liatka K'lmlfrlinikiM'lii's M' rr Sra (if KamlHi'liatka llaHsin iln NkhI lliissui ill' lli'lii ill); . I.omlnii ,, . I.'ipsii' ., . Ilnsliiii , l.iirHio;i •• a Si. I'i-iitsIiiiikIi I.iiiiuon , I'aris . Lmiilnti , , llaiiiliiii'i; ,. Wi'iimir , • . I il . I'aris .. 17!)1 Mrrliii • ■ ..1 1701 I.tittdtni • « , , iTin St. Pit.' •.^Imviili « • Kill ITUI I "ilii I "no 1797 1797 1797 1 7yH 1799 1800 18(10 I H0'.> mi I8li:l IHn.'l I NO I 1 H0.5 IKILI lh(t7 1807 1807-9 1808 18(18 1809 IHIII IHIO 1810 1811 1N13 1812 181.1 68 Name nf Mnn, .tf. \lap III Occiiiiia. i>|- lin' Kiltli I'.irl nf llir Worlil. iiii'liiiliii|( a |ii)rtii>ii I'f Aiiiirica ami I'll' ("Mi'tH lit' \-.i,i. Ii\ II. Itnic' V. !lc'« (Iciipral Atla-i ; Sainiirl ami (leoii^r- Nu'Ip < 'Ititi't Mill Atiiciilva; (i<-ii}{)ii|i1iir li.stiuitt* M (|i "f till- Wi.il I, li\ Vdii Krii'in-iirii ,. l!n('v|iM|itv|)tMK' rAiii(iii[i:i' SipU'iiliiim ilo, hv Mi-.ir' Miiilli'!" Ofiiernl Atlii» . .. Ali-'i niiinrivrlt C'liarU', «itli \ini'.;i' iif Kni«iii Ali.i'< \llll» III' liiirliiiii ; Cartrs a.»Mii ilii Niiril. ."^ca of Kamtni-liiitk.i l'l:i('i" nf riililiralioii. I ■ •I I'arii .. ,, I.niiiliMi ,. ,, Mccr vim Kaait^i'lialka ,,( NVi-iiiia-.- .. ,.| St. I'ptcrnhiiiRli Iliiwin ilii N'oril. . .,' I'arin .. S-a iif Kaiiilsi-liaik i niKMii (III Niii'il, , IiOlllloM . . PiiriK Ilassili ilii Xiilil nil lie ' Ili'liriiilt ' Mcr lie ll(-liriiii( (lit llniii>iii ilii Niiril >S<'a nf KaratMi-liiitka I-' li'nl/iirjjli,. Hal'irtiiirc . . Wi'iinor Kiliiiliiiiith. , I'liilaili Iphia Ktliiiliiir^ir, • Liiiiiliiii ., I , .Mil ill- l!(-liriii}{ (111 Hisniii (In Nor. I I lla-siii (la N'li.l, , ., i lli'liriiig Si'a ., .. .Mi'i (Ir lli-lirlii); Mcr ill' llrliliti;;. , Sea iif K iinScli.ltka Mi-r (Ic Itphriii-.' Mi-r ill- It-Ill 111-.; Sca nf Uaiiilscliatkii Mi-r ill- lli-liriii'i Mcr lie H -liriii'j; mi llassiii .111 N..t-.l S-a nf Kuiiit.i-liatu.i ItiiHsiii ilii Nord, . , . 8<'ii .if Kaiiilsi-lintnii Mir (I.- lli-lirinn , . Pani. ••| Wcimiir , . • fl IH-il PariH 1821 . . IK-JI Philiiilclpliia 1821 I'nrin 1«22 St ri-lcrsliiiiHli lai.: Pliila.i.-lpliia lS2.i nnltiiiiiiri' . . 1823 Paris 1824 Paris 1821 rhilaili'I|iliia I H2 1 Paris IK-J- I.iiikIiiii lf*-J.i Pans IS'Jll Dale. IHl-t INII I8H 181.5 lai.'i lull ISl.-i llllll iHin 1817 1817 1817 IHlK 1H18 ISl'.l 181'.) 18I'J 18-20 1821 s.Ji n " I'liis Chart also (li.i','iiii(.'s ilir r nut from ('oliimbiii Itivcr (I'J ) to CniK- Eli/.nbi-th (60 ) M the " Nord- Wrst Kilstc." Iiiclosure (C). SrrtioH } '(/' " All Act for irijiildlinij Ihv liiterrnnrse with the hlnnd of St, Ihlrna tiu.'ing Ihr limr Sii/iolroii Hiiiuipiirtr sliiill Iif itftiiiiifd thi'fr, iind for indemiiifiiinq frmonx in Ihf (-(/.srs ihfrriH inniliiiiiril {Wlh .t/iril, lHl(j)." HectiiJii 1. And lie it Jurthi'r miivted, tlint it slmll und may In- iBwful (or tlif (ioveiiior, t)r, in liis al)>cn(i', tin- l)c|iiiiy (ioveriKir, Majesty, his heirs and successors, shall repair to, or trade or touch at, the said Island of St. Helena, or shall lie found hovering within H leagues of the coast thereof, and shall not depart from the said island or the coast thereot when and so soon as the master or other person having the charge and command thereof shall be ordered so to do iiy the (iovcinor or Lieutenant- Governor of the said island for the time being, or by the Commander ol I lis Majesty's naval or military force stationed at or off the said island for the time being (unless in case of unavoidable necessity or distress of weather), such ship or vessel shall he deemed forfeited, and shall and may be seized and detained and |)rosecut((l, in the same manner as is herein betore enacted as to ships, vessels, or boats of or belonging to any subject or subjects uf His Majesty. No. 20 Messrit. Lanipson and Co. to Foreiijn Oj/ire. — {Received December 30.) Sir, ^)^, Queen Strict, London. Deremlier 'A(\. IMX*. SINCE wc addressed you on the fitli .September last, the number of fur seal-skins taken in the Behring's Sea and landed at Vi( toria has increasi d to such an extent, that the t'>fal catch, instead of being less, actually exceeds that ol last year. This somewhat unexpected increase appears to have been due, apart from the favourable weather, to the larger number of schooners engaged in the fishery, and to the fact that the United States' (iovernmcnt Revenue-cutters did not in any way interfere with the fishing o|>ei'ations. We are inlorined that Professor Elliott, who has been commissioned by the United .States' (Jovernment to examine into the condition of the .Seal Islands, in the llc|)ott submitted to his (iovcrnmenl s])eaks of the total extinction of seal lile as being a (|uestion of only a few yeai's, and advocates that no more seals should be killed, even on the islands, for some time to come. We have had the honour to point out to you how important an industry, at present centred in l»ndon, de|)ends mr the eontinnance of the supply of fur seal-skins, and how many people, now engaged in this industry, would by its disappearance be thrown out of work. This industry appears now to be threatened by a new danger of an unexpected kind. From information received, we learn that the United States' (jovernmcnt, probably with the view of influencing the decision o! Her Majesty's (Jovcrnment in the Rehiing's Sea fisluiy dispute, will propose to raise the duty on IJritish nianula'tuied fur seal-skins from I'd to ."iO per cent, ml valorem. To estimate tlu importance of this measure, we should mention that, for many years past, of the Alaska fur seal-skins annually consimied to London, no less than 7'> per cent, have been boUL'ht for American account ami rr'shijiped to the United States after having been manufacturerl in Loiuloii. .Should the L'liited Htntes' Government carry out their proposal, the skins destined for American consumption would undoubtedly be rnnnufactuix-d in the United States, with the result that another important British industry would pass away to a ibreigii country. We confidently trust that llcr Majesty's (Joverniiient may see its way to protect these important Rritish home interests, by arriving at a sjicedy settKnicnt of the present dispute. Wc have, &e. (Signed) C. M. LAMI'SUiN and Co. M No. 21. The Marquis of Salisbury to Sir J. Pauncrfntt. Sir, Foreiijn Offia; Dormher 30, IROO. I HAVR irccived your (!t's|)atcli of tin- Ifitli iiistiint, reporliiii; tliiit you lind iKiiuled to Mr. Hlainc a copy of my (lc'spate!i of tlie 22n(l OctolnT last in regard ti) my (■(inv< rsatioii witii Mr. I'liclps on tlie 22iid February, 1»88, on the subject of tlic ik'liiin^'s Sea controversy. I bavc to inform yon tliat your Innsuage to Mr. Blaine, when communicating to him tiic despatch in (jucstion, is approved. I am, &c. (Signed) SALISBURY. No. 22. Colonial Office to Foreign Office. — {Received January 1, 1891.) Sir, Dnuninij Street, Drceinlier 31, 1890. WITFI reference to your letter of the I.'Uli September last, forwardintj copy of a letter fronj Sir C. Lampson and Co.* respectini; tiie probable early extinction of the seals in Heliring's Sea, I am directed by Lord Kiuitsford to transmit to you, for the ini'ormation of the Mar(|nis of Salisbury, a copy of a despatch from the Governor-General of Canada, transniittin;; an approveii Minute of the Dominion Privy Council embodying a Report by the Minister of Alarine and Fisheries on the .statements contained in AJessrs. Lampson's lctti.r. I am to request that the inclosures to Lord Stanley's despatch, which arc sent in original, may be returned, with n printed copy in the event of their being printed at the rorcign Olliee. ' I am, &e. (Signed) R. II. MKAUF. IncloBurc 1 in No. 22. Lord Stanley of Preston to Lord Knutsford. My Lord, Government House, Ottawa, November 28, 1890. WITII reference to the representations contained in the letter from Sir C. Lampson and Co. to the Foreign Odicc of the Cth September last, copy of wliich was inclosed in your Lordship's despatch of the 24th of that month, to the effect that there was likelihood of t\w early extinction of the fur-seal s|)ecics unless a close season were at once established, I have the honour to forward to your Lordship a copy of an approved Minute of the Privy Council, embodying a Report by the Minister of Marine and Fisheries on the sul)ject. Your Lordship will) observe that the Minister contends that there is no good reason for believing that the extinction of the species is likely to be brought aiwut. furnishing statistics of the Canadian catch for the j)ast season, and adducing evidence drawn from United States' sources in support ot his contention. 1 have, &c. (Signed) .STANLKY OF IMIKSTON. No 0. [95] K 6« liiclosure 2 ii» No. 22. Report of a Committrr of tho Unnomnlilr tln' I'ririi C'nunrll, npprnii'd hij his Excellency the Gorenior-drneral in CohiicH, on the I'llh A'oremifr, 181)0. THE Committee of tlie Privy Coiineil liave Inul iiiiiler ronsiilcr.ttioii n despntcli dated the 24th September, \H'M), iViiiii (lie ('dIoiiIiiI Otliee, tnuiMiiitliiif,' a eojiy of a letter from Sir C. M, Lumpsoii aiiii Comiiany to the Foreii;!! Otliee, under date tho 6th September, 1890, on the sulijeet of n elose season lor seals in Uclirin^'s Sea. The Minister of .Marine and Fisluries, to whom tiie papers were referred, submits the following oi)8ervalions theieon : — That Sir C. r/ampson and Co. state in cllect : 1. That the total eNtineiioii df tin' liir-scal lins eoir.e witliin niea.;ural)!o distaiiee, and unless a close season can be arranged iininedititely the animal will lieeomc extinct in ft very short time. 2. That as tlic seals taken by tli(> Canadian schooners at sea are ferjiales nnd pups of those visitin;; the hreedini; i^!ands, this industry \\ili of neeissity disappear with the extinction of the seal. 3. That the I'ur-seal fishciy in Hehrin.n's Sen has been n failure this season, tiie total catch beini? far below those of pieetdini; years, althouj;h the fishing-vessels do not appear to have been molested by United Stales' liovernment eruizers. The Minister oliscrves tiiat statements similar to tbosi- contained in the paragraphs marked I and 2 above were made before tlie Conmiitteo of Coniircss in IHK'.i, and repeated in despatches of the (jovernment of tiie United States to the British (iovernment ut difi'ercnt limes since ]^'<'>. That at the recent Conference in W.isbiimtnn (IKOO) these alletrations were formally reiterated in a i)aper jireparcd by .Mr. Ulaine, it bavinj; been understood at this time that the Minister of Marine and Fisheries would put before the Conference the nufborities ujwn which the Canaiiian (iovernment doiiied their accuracy, so that the evidence on each side might be discussed, exan>iiied, and compared. The .Minister of .Marine and iMslicries accordingly prepared a Memorandum in which he, among other things, proved fiom United States' authorities that the seals were still frequentin'j; the islands in Midirinu's Sea in enormous numbers, and were actually on the increase. It was also shown that tin' seals taken bv Canadian scalers in Uebrin^'s Sea were, for the most Jiart, males. Appended to tiie |)resent lleport will Ik; I'oiiiki an extract I'roni the Memorandmn mciitioiied aiiove containmg references to authorities touching these points (marked .Appendix " A "). The Minister deems it important to mention that, after those authorities were placed before the Conference, .Mr. Blaine declined to proceed with the discussion of tho two briefs. It was then proposed by the liritish Representative that a joint impiiry into the facts in controversy should be made by experts on the islands and in tho sea, and that a temporary close season should be agreed u])Oii for a period of two vears and a-half. This i)roposition was also declined by the (iovernment of the United ."states. Meanwhile, howevei', it. aj. pears that the Secretary of the Trcivsury of the United States a|)pointed Henry \V. Klliot a S|iceial .\i:cnt to the Treasury to make an i:r pnrle examination in regard to the Alaska tishcry interests, under the provisioti ot a special Act Congress, approved the ."31 h April, ISitO. While the Minister has not enjoyed the advantage of perusing Mr. Elliot's special Report, nevertheless, from the |)re->i of tlie United States, and from the lending reviews !)ublished in that ccuntry, it is evident that the present lessees of the Pribylov gi-oup lave not been less zenlous than their predecessors in circulating alarming statements concerning the fur-seals. Mr. Elliot has perhaps again concluded that the rookeries are being ruined, nnd that his opinions given to Congress before this mission to tho islands have been confirmed. In the " New York Herald " of the IGth August, 1890, a letter appeared purporting to emanate .'rom I). H.. James, of the United States' cutter " Rush," dated Ounalaska, tho 20th .Inly, in wliic h that gentleman says: — " A startling' state of atfairs exists at the Seal Islands this year This year the rookeries are alaio^t descried rocks that were once «overed with seals are nt)w being grown over with mo>s The cause assigned is that the sealing licet, which is now increased and composed of larger and better vessels, has followed the bCiiU «o cl».ruiy uiiii pursued them so ruthle&sly." 07 Thin writer odds: — " It is tlioiiffht the scalcis will not catcli inouicli t" pny fxpcnses." Hcfori! dcalin)? with sucli scnsiitionid icpoits frmii tliosi' iiiten'stid in the ninintcnancc of n monopoly of tlic fur s(<;il hiisincss. it is well to noti- that iVon tlio (irsl of tho (liscnsKion to the present tiino not n siiLri,vstion has iiccn madi- h\ tlic I'liitcd Slates' anthoritics that it woidd he advisahh' to restrict tiic imrsiiit of 'tlic fiir-;i'iil ..u the Cnlifornian and Uritc^h f'ohnnhian cuaMs, where it is admittud that many seals in pup arc captined and killed before their final de|iarlure for the hreedinij-grounds in Bchring's Sen. ThonRli the proposition for a joint imjuiry into the condition of the Senl Islnnds was not entertained hy the I'liitcd States, the statistics and reports from the vessels which proceeded from Ih'itish (^ohindiia arc siieh ns to Kail the Minister of Marine and Kislicrics to donlit tlic accuracy of rr puilv reports rcL'ardnti,' the (hniinntion of seal life duriiii; the jenson of IH'.X), and to which Messrs. Sir ('. hunpsoii and Co. draw special attention 'l"hc total catch hy Canadian sealers fnted out in IJriti^li Cohnnhia in \HS\) an inted to 27/")(). 'Ihe catch so lar r(|)orlcd hy these vc-sels in iK'Ht amonnis to .■J!(..'i47. The ciitcli ol vcs.i Is and sold in Hrilish Cohnnhia wis no less than -J't.'U") skin-, The catch from the Siherian coast i- rc|Mirti(l to he hnve. .Induinu' lioin neent years the catch will be, at Conmmnder Islands, l.'>. (1(1(1; l.ohos Islands, l,'),(iii(l; islands near tape Horn •ind Sonth I'olar Sea, lO.flOO; Seal Islands. Okhotsk Sea, 1,000; Japan. 7,000; (Jape of (i(M)d Hope, 5,000. These statisticii. while mtetini; the fears of all interested in the preservation of seol life, are inidouhtedly alarmini; tn the lessees of the I'rilniov jjroup, who, rclvin:; upon sccurini; n monopoly of the fur-^cal industry of Mchi inn's Sea, were niduced to make a contract with the United States" (ioxernment, whereiiy tlu'V aurecil to pay the enormous and nnprcccdented royalty of 10 ('o|, 2r> e. on every seal taken hy tlicin. upon which their pred'^ccssors and unsu< eesslnl tenderers for the present Ili-c ijave only 2 d(d. O'-'.l c. a-skiri. It is consccpicntlv (juitc likely that these Ussecs eamiol all'ord v. Ilh such a royalty tn catch their full cpiota of fiil,()U(l this year, and so a ri diietion of the niwnhci' actually put upon the market tends to increase the price of those skins sold. It ni ly not he )se interested in the monopoly endeavour to excite alarm ret;ardinj^ the prohahio- extinction of fur-seals. Mr. I). O. Mills, of New York, is supposed to he the most laisxely interested of the present lessees ol the Seal Islamls in Melninir's Sea. He (!oes not prct. 'id to <\perl ktiow- icdge nor to have visited the seal looKeries. An article writtiii hv him in the "North American Review" f-r Septemher 18't0 is reuiarkahle lor the tollowii.i; extraordinary statements connected wilh seal life, and unsupported hy any other authoiity than his signature: — "There s the best evidence that the poachers eontine thiinselves idmost exclusively to this comi'.iereiidly precious fcniaK' portion ol the herd lor the male seal is stroni: and alert, and no hunter can j;ct within shontinj; disianc- of hiui, as he can i;enerally escape from the fastest hoat pursuing them In two cu three years most of the females would he destroyed, with their vouiil'. and in a coniparatively short, time the entire family would he ext'iiiLCuishcd. . . . '. They live only upon lish, and inu.st therelore w to the water for their food. The larae ti-liinir h:iiiks on which the I'rihyluv seals must depend for snhsi.stenee arc from .'^O to C'li n.ile. di t.int Ironi the islamls, and il ih.' lemalcs are killed hy the hunter there while leediiiir. the imp lelt on the ishmd, which dues not become ahle to take care of itself until after Se|)temlier, Iohs iispro'ninr and dies Fire-arms are freelv used hv the poachers, howevur. Indeed, that is their chief instrument of slau^diter, and the ellect'of aitaekin-r the herds in the water witli llolillas of hoats, while the air is filled witli tho sharp reports .d' i,'un-, is iijurions in the cMreine.' These .statements are. in the -nain, eohtr.idicti d hy the Uepoit- of the Cnited States' oflicials, to which the Minister of .Marin • an 1 Fisheries 'refei'^ m his .Memorandum herein- bclorc mentioned. The Minister, so scoii as the eommimier.lioii of Messrs. Sir C. l.ampson and Co. was referred to him, at once can-cd llioroimh and carelnl investi^-alion through Ihe Collector of Cu^loiiis at the pnit of Victoria, 15iiti»h Cohnnhia. to he iiiade into the experience of the Urilish Columhian scalers wiio have hunted in M.liiiui;'s Sea durmtr the season of ISIIO. The result of this investigation eslahlisho — That, owiim to stormv and hoistcions weather in IJehrimrs Sea, the prevalence of much log, and parlieularlv 'to a eljaiiLce hy the seals of :heir Usual haunts, as hereinafter liientioiied. the early seal'.i- of this sea'so'i ivtunied wilii:: >liorter eateh than usual. Volcanic dislurbanecs on Uuiiulubi»a aiul iieigiibuuriuj^ lalaniisuicBuui lo i.ave.-.cuacu thia season. , . ^ (95] 1^ ^ 68 The vessels wliich rcmnincd In the sen, nfter (iiuling the main liody of the seals on their now k'^iiikI*. nmdc tlie hi st cafches, and nil Hic ninsters of the Canudian sealers testify to the extmnrdinniy nunduT of seals still IVeciiientinj^ this sea. More seals were f(iunii« «iili evidence taken by the Committee of Congress appointed to in(piire into the relations of rain.la. p 314 of the United Stales with Canada has been published. """"' .lames (i. Swan, Kscp, of Port Townsend, is described before the Committee as a nwin who has given much attention to the (isbcries of Hehring's Sen, both for his own information and for that of the United States' Fish Commission. Ilii.l, p. 26S. He produced a Report of the Hoard of Trade of Port. Townsend, Washington 'I'eriitorv, in which this Chamber of Connnerce denounce the closing of nehrinii's Sea as a " species ot class lej:islation for the benefit of the wealthy few." lliiil.P 265. Mr. Swan advocated free fishing in the open sea, and e.vplaiued at len!:th that a valuable Report of his, wherein he expressed views opposed to those of Mr. Kliiol, Ilild, pi). '.'C*, 2C9. was suppressed ; and, he adds : " The arguments and assertions of the Alaska Comrncrcial Company fhat the lur-seals all go to the I'rihylov Islands, and would be extermiiinted it thai Coinpaiiy did not have the care ond [)rotection of them, would easily be dis|)osed of if bolli sides of the argument could he heard and the real facts made known.'' lb I, p. 259. Further on he says: "Conf;ress and the country [have] been systematically kept in darkness rcKardiiig the fur-seal fisheriis in Hehring's Sea, for those who have had the intorinatiim to impart lm\e had an interest directly opposed to im|)arting it." Il'iil , p. 213. Mr. Swan denies there is any danger of extenninalion of seals, and produces sworn decliiriitii US touehini: the existence of seals at places which witness now claims the seals have iilmnddiied. finally, .Mr. Swan is asked l>y Senator Piigh :-- Iliiil , l>. 2s.>. "You do not think it is of any importance to prevent tlie destruction of seals ?" He answers, "I do, on the islands, but not on the outside, because the proportion of seals lliat are destroyed is a very small fraelioii of what the whole number is. There are millions of seals in the Pacific Ocean. You have no conception of the vast myriads of them." ll'i''. I'2l8. The Statistical Agent of tliL United States' Fish Ccnimission, Mr. Wrii. A. Wilcox, was asked by Senator Hall, "Do you think the seal is manifestly disappearing?" and he replied, " I have no reason to think so. 1 think they have been seen this past year in almojt us innumerable numbers as ever." Aiip nilit {!)), Mr. Swan did not believe that for every seiil token several were killed. He refers to .Anpr,„i » i;^ to the shyness and intelligence of the seal, nnd to the fact that they are never taken when .\p|KMiilii (F). in niolion. \piu'mlu ((5;. Captain Joshua Brown said as follows : — (See Append":; (J). This f I'stimony, it will be seen, suppr,rts the statements of the Canadian scald's already pleaded before Her Majesty's Gcvernment, and afiords further assurance that n tlic KuHsiitn 69 tlie pursuit of seals in the ilccp waters of Helirinti's Sea dow not tend to cxtinfcui!*h seal life. The Committee, concurring: in the ..Imve Report, recommend that your Kxcclh'ncv l)0 moved to forwani u copy hereof to the l'rinti|.»i Secretary of State lor tiie ColonieH for Bubmigsioii to Her Majesty's (]overniiient, and that a copy be also sent to the ilii(h Commissioner for C.'anaihi in Ljudon lor his information. All which is respectfully submitted for vour Kxccilency's approval. (Signed) ■ JOHN J. .MctJKK, Clrrk, Prm/ Council. A1'1'I.M)I,\. Aiipfnilix (A). Sriil Filth. ,ij „/ llihrinifs Sra. Watlnmjlun, I8f)(l. (Piigcs 41, l:;, niid AV, Ml{. (iKOllfiK TFN(1[,K, u .'^|icc'inl Af.'eiit nf the Trensury, j,'fivo hit) cvidcno? bofuro tliu same Ciiiniuiltee, ami lie is ))iil fm wiml liv Mr. IHiiIik' in .sii|.|»,rt nf tlir I'liitoil States' oiiitnilicii. (Appemlix to J[r. niiiinr's li-ltcr 111 .Sir .liiliiiii I'.iiiiiccIhIc, |s| Murdi, |i. 17.) Cniiliriiiiii;,' .Mr (lliiMiins ii|iiiii(>ii, as iilmvi' i|\inliil, .Mr. Tiii;ili' »ay,s : — " Frmii Mr. Kllintt's >.lutriiii nt I iiiii|its|iiiii| tlmi ihcri' arc no iiinrc .scul.s now than lli(>ro woro in ISTJ. I am at a Vm to know liow Mr. Kllioit ^oi lii.s inforiniitiiiii, iis liu had ni.t k'ou cpm the ishiiuU for fonrtctn y<'ar.'<. " Tlic; .siinif Mr. Tin;;]!: in 18H7 r(|H,ilnl to SrMictiiry iMiirdiiM tliat — " He foiiiiil tlif lines of oiTn)ianiy cvii'uilino licyond those of hi-l year, and tlii' coWs (|uitc as dcnsvly jiiiikcd on thi' j,'Mnnd on most of the rookeries, whilst on two rookeries there is .some falling-oil'. It is certain, howuver, this vast nnniher of animals, so valnalile to the (iovernment, are still on the incri'iisi'. The condition of all the :ooki'ries lonld not he hettcr." (A|iiH-iuli\ tultciMirt, CuimresHioiml Committee, 1«8S, ji. ;?;V.i.) In a li'cjiort of the Alaska ( 'ommcniid Conipuiiy fVMx l>ei'endicr, 1.SS7), it is statcnh-.tanlially ronlirms Mr. KllioU in his view rcfcrri'd lo .lUive, exccplin;,' that, upon a careful survey hy himself in IH.Stl. he csfinialcd that the liir-.scals upon ihe two islands had increaseil in numlier alwail L'.()(li),(IOi) up to that time. Mr. Tingle's estimate for l.SSii is (;,.'i:i7,7."iii (II. W. V.\. l>oc. No. .^l, ."lOth ('on;,'ress, 1st Session), and in hecenilicr the Ala.ska < 'onmicrcial Company, in their I.'cpnrt, said that the seals were on tliu increase. The latest delinito information aii|icariii;.' in the rnited .sitatcs' documents rexaiiliiijj the cnnditioii of the rookeries is confained in the IN'porl of Mr. Tini,de, who, as S|H.'cial Aount of the Treasur)' Dciiartment, wrote from .S. I'aid Island, Ala.ska, the .".1st didy, IH.'^.S, as fd. ws: — " I am ha])py to he ahle to report that, altlioui,di late hnidinj;, the hrcedin^' nsikories arc filled out to the lines of measurement heretofore maijc. and some of them much lieyonro]ia;,'at<: their S))ccies, and hecanse the innuonse herd is diiclly conliueil to the isluiuls (or this pnrposo during: the hreedino sea.son it is that the .seals have .so constantly ineroa.scd. Notwitlistandinj,' tho la.\ cfVorts on the part of the I'liited Slates i, ouard or jiatrol the hreedin;; islanils, the ditlieulty of approaching,' the rou^h coasts thereof, the prevaleiice of foj;s, and other causes, have in a hir;,'e ilegi-eu prevented too deatructivo or too numerous mills hein;,' machi uixai the rookeries. The Canadian Ciovornment contends tlmt while .seals in calf are taken on and olf tho coiusl.s at liritisli Colu«d)ia and California, and also durinj; their miKralions near the Aleutian Lslands hy Indians and Aleuts, the liidk of the .seals taken in (lie open .sea of that part of the I'acilic Ocean calleil liehrinj;'* Sea are bulls both old and young — hut chietly young — and that most of the* cows when taken are known as " dry cows," i.e., cow.s that have iiur.setl and weaned their young, or cows that are Iwrrun, or thobo that have lost pups from natural causes. 70 It must nl«f> lie noted lliat thi'io arc mmv loiiiidiv< ujui umies iu a Itiiani of aealn. (" Trip to Alftskn,' Wiinliiiitn. (i. 04.) 'I'llc |M>sJlhill I.lkl'll \'\ till' ('lllliulillll ("•Mllllllrtll I- -llll'»'ltOii — I. Ily till' liistoi'v III' tlir llHlk^lil'^^ .i-i alii>%>' uivi-ii. .mil tin- <;reat tiiinaaiii- Mliuwti ilttR|iitn the coiiHtmil killiiii; ami mills ii|>ii|i lln- isiiiiiii- iliinin,' llu- |>;iHi •"•Jiliirv. H. I!)- Ill ■ liii t Ihal. ll Ill Ipiil!^ lliat liuvi- Um-ii .ilili- !• mlil ilii-ir )HiHiuuii mi llif riMikiTii's t;ii iiilo till' wiitiT ai (III- mil iif till ruuiiiv: mi-iihiiii Uiwimmi llu'. 1-t mil lOili AufjUHl. ^II. 11. K.v Dov. No. 83, •Htli ('iini.'n'is, Iri Srssiiiii, AjijK iiili\, \> I.'l".'.) Mr. (lark, mi llii' .\iii:iivii<- sral liijiirirs, in TIh' CiNiifrieH iiiul ViKhery 1nH in llto I'liiiuil Slatwi," ISK7, |i|i. l-M-l-'l. .Hayt: " III \mv slmiiiy wiiillim-, wlitii tlir\ (In- wal"! aii! ilrivi-ii iiiii' llu- ti'ii, liii-y arc I'nrrcil tn iN-takc lliciiiHrlvi'S In till- shcllmi'il siili. iif (he iHlaml, hiMici' (1 mi liml thai sinriiiy w. allirr iiiiy* tlimii li«it T»ii iir tliii'n nlil malrs, irrmiMl ' Ih'iiiIi mastt'in, I nlil ,i Imnrli ii^ tlifiiiHi-lvcM ami mviT it wit li cows, lull alliiw nil ollu'i' iiiali"< l>> liaiil li|>. 'I'lii- liiali"^ ll'.'lil ti^rimisiy, ami ii|ii> iiiiiii lolil liii- lliat In' iiail sim>ii an nlil mall' laki' lip a ymiiiV!'')' ")>'' i» l>i-- t<'<'tll aint tliin» laill into tlir air. Tin- iiiillcH nIihW li>,>lit wlicli >vlii|i|>i'il, ami air with llii< .'••m. • Tlii'y an- sminliim iiruli il willi linrriMi' Imitiilitv Tin- Uiiiiali'-- .'ivr liirlli In llii' yoUli;; .Hom iillir llii'ir arrival. ■' Allir Iraviiiu' llir i....Km ii-- till' liiilU ilii II i! ii'timi i.- iln'iii ajjain tlial sciwmi " .'I. Ity ilii' lart llial i\v4i-tliii'ils nl' all tin' niiili'i llmt an- iNini arc iii'Mrr jii'rtiiiUi'il In laml ii|miii tin- Hniiir nimiiiil Willi till' ffiuuli-s. 'I'liis lar>.'i- liami nl Uii-lmlnis, wln-ii il vi»il.n (aint, hcnl'i iiiili' away fmm till' 111 lill,'-^'lnlll|iU. f\\. It. KlllntI, ii. J!. Nn. .l.Sti;l, wlllll CmiXTWSS. |.. IIL'.) Tlicy all' iliivi'ii nil mill llir uali'i'. (('lark- artinli- mi Alitaiitii seal li.Hliury iinlutlricit nl' tin) I'tiiuiil Slati'.t, srelioii "i, \nl. ii. 1SH7, p. 4nl.) Vmiiif.' ii'iiU all' |iii'\i(iijj('-wiiy^ fnniK^ly mviiiiii'il liy ynnii(j Imrlirlnr't in liaiiliii" iiion till' liin'k-*.;miuui aic rmnplrlrly Moi'ki'il afi liy twuHifH, tlni.s ]in-viinl i.ilaini ^lion- lh . nnipn^i'il nf hi^li riiflii, i' ii'inli-rs it ilinii nil nr any ;ni-al niMWiw to ctri'il a lamlin^. I'liitri' ia»- Ami iiniiirrmis nlil iinilii.'^ ' mistantly 1,'Tiaril 11! ;lii' Mnni-liiii', w(m«!. «jttiii^«uti;,' mii'-i In wnrk ilioir way mi iht' biu k-)fMiiiml '1 ih.ii till' iimi-lHi'rt, lut .S.'smmi, p. T'.'. ) "iii-t iinnilH'iiiin over a nuUimi. will nflin liaiil mil on ililli'ri'dt tnvi n nt tine wi'atlii'r ili»{n>nir inin tlic wali-r. (Klliotl, |i 144, II. 1!., '♦..' N. s;;.) '11 '.linl'i' lnll>.' -It .1 'UUf p 4. I4lh I niigrt'HH, 111 .S'lwinli. Kx. M-vri, that iIiiiuiuiihIh (.in U- Hi'tni iipmi tlii> lianliii;;-),'rmuid(, M i-mniui t tin MmiiL.' tn iln- .vut-r. ((^'lark'-i ani<-i<' on .Vnlari'iir xi'aU, p. 424.) Till' ymiii)i ar>- -aiukli-'i liy tin fittuui fm snnu' tt»»? utni llimi ii'ft In lln'iiiKi-lvi'ii lyiii;,' mi tin' Iwncli, wlii'ri' "Jii-v Hwin tn uniw ful ws.. i r fiitniiu;:. ("Tin Kixlnrii's anil Kiiliiii^ Imliintrii'.^ of till' I iiittiil Statu-. wH-tiiiii ."i. Vol. 1, ,. j ;j| Knr lliii i-ca-mii, llio-n' llial- iiti' piippi>il in Jnui' nri' lilt III 111!' wiilrr m .VutiiHi ,So also o'l till' .\iriiiut iMWHt llni am. iviiiaiiis until tli « voiiiij; run taki' riUf of tlu'tiiitti|vi}.H. (lUJ,, |). 41ti.) Tin- linlk III tin -I'lild an- r; "•finii! to tin- l.ilainli until iir suiTolunls lliutil, (H. Ii. Kx. llni', No. 45, 44tli ('nnf,'ii-'<.i, l^l .S-nximi, p, L' ) The ni'.iIh iii'Vir li'iivi' ilii'ir pliiii-d, -i-lilom cli'i-p, am! never eal anytliin); froiii May in AiikusI, V nil lliiy lake lij the Water, liiil. .1 i- U'lieve.l, tftke Iln fnnil until tliin liiiiil ilepaltiire i'l NiiveinU'r. (II. II. Ml Inlyre, 11. I!. Kx. Ihii'. N.. :ii!, 4lMt (NuiKiesn, L'ml Si.»Mniii, vol. v.) ^«. Klliotl Kay» " I'erliap'* -he IiihIm ' fp. IIUI of IiIh ||«.pml on Alilika) (i>*7-\. II. U. K\. I>nr, Nil, S;l, t-lth ( 'n||i;ri""' J rill- I'llIU while mi till- i-Iaml pn M'IiI the liiolliei>i takin;,' In the waiei. (" .Marilii' .Maiiiniali<, ' |iy Caplaiii .Sliaiinmi, rnil-il Slates' Iteii-niie Murine. IH7( p 1 ",■_' i l''iiilii the Mull I'l tin •.'.'iih .liiU the ronkerii-- .ire liiller than at any nllnr lilne iliirill}; Uie Heannii, a» 111! piijis have .ill Ih'iii Imrn, ami all lie liiillx, i-nws. ami pii|i.-i leinaiii within llieir liiniis. (II 1!. K\. M'le No 4:!, Mill ('iini;reMS, I St Sedsinii, p, ;i.) ll liii- Ih'I'ii nIihwii that when in liie riHikerie^ niotlier.'< wi ii< leslmyeil, the yniuijj were fmiml ilaail, \' , hut riiife--m Kllinit. in i. h-reliee 111 the I'lihylnv 1,-1. mils -iiN--: ' "With the exreption ol ilinm. uniniuls which havii a'cuivcil wouuU,i in combat, no .uck or il>iuj{ wah urv auon ujiun tbv islamK. Tlii'ii iiitiiiii 1 inudi i« lUUl ' ill' mill- IIUMer • Mr. I .i.iu ' ■iiii..i--'l, "'Ic- niiii-lirnwlio'j ■^ ' t»n lliii'li hiiulinL--.'ii>iiiii 44th I'nii'.'iv- Tin 1»(H'. No I ax all of (iieiii „ that the 1 iiw- II : Tln-\ ilii iiiH i^i on L»a 71 "Out of tho fliioat numU'Pd — llinnoamlH ujMin tlimmamls— of -tcaU llmt must ili.- r fiNliiiiK lUiil lu-alitiK, ' ^'■"H »"(' '"' "''1'' '" '■■'" ^"<> ItoUtiumwiUiCuu^i, r#K»«tiiiK ill'- imhrrics i.f ilu; Nurtli r.i.nir Ocimii, IMiiiu^i's Skaii waicr^, liiu will ii't.r P"*- ym t.i .laini-s (1. Swan, I'!hi|., of I'oil Tow ir I'liil, wlm lias ;,4ivrTi iiioic attciilioii to nlilaiiiinn inlnriiialiMn ilmttl tlifHi' IJHlitTifs, Imlli lor lii^ own natisfaiiioM .mil for thr I'niti'il .Maliis' Ki.sli 1 iniini.sion, willi wluiia hti iiiut ciimMiMiuili'il, anil .nU'il rvcr .mium it «a.t ti1.1l lornii-il, ili.m any mail 1 liavr hitii on tin- I'licilif rri.iHt. iiiiil yoii 1.111 ii'ly I'litirrly upon llii- inrorinalioii lir may Kiv. yoii. i will ..iwi ii'lcl VcMi \,i, Ml .Icisiuia I'ltowii, i.f .SiK.|ii, M.i-«ai liiiM i .win r of siliooiiii ■ llriiiy jivuiuit,' wlio n now lifir, iitito lo i'a|ilaiii Liviinln, nt' m liooiii-r •• il iiiy liiniii-,' wli" ran \ii\r .ufvriualiun rt'uiirtlui),' tin- lur-vtvals iil <'aiii' lloin, as Im lias irn'iitly arnvu'l from tln'ir. Jt • • • •• • •faults O. Sim II, llolirinu'H .S-n iiiiidl !«; ilwlnitnl frcf ami o|K'n to ,ill mir cili/r-ns i'VPr|it llii' niljiirt>nt wali-n to (In- llii.l., y. tS5. I'riliylov InIiiii'Is, wlinU -.iioiilil not rxi'icil in limit (In- ili-iaino rinni tin' »Iio|ts of ilin^r i'laiicln oi ! imirint' liMiunc, iiiniil<' of wlin li limit ilu' sials slioiiltl Im- iinscrvi'l iliiiino lli>' iiioiitlii ot l>i'cfilin«, u* K'liinKiiii.' to till ifKikfric'i nwiinl l.y llm Tiiil'sl .Stales, Ipiit oiilsiilf of tlial limit llir waters ■.li.iuM lie Ir"' !o nil of iiur c.iti/.cn.'t • •••••• X'ti'ii' t fiimi Jli/Kirl !>/ }Uuinl nf Trudt ■;/' /'•>!■' y-.n'iK. ml. Wo ilo not IhIu'No that lln' lea.^o of i!u« ■ I'riliylov Klamls ami lulj.iniil watris" rviir wan meant "f Uitviulf«l lo mean till- wliole wali'tH of ltelirin},''s S<-a, lait tliat tin' limit of I malino ll'il^lle fluln llie ■liiirr id tliu i')-rii)(ni/.i'<| limil, mitHiile oi wliieli llm v.aleis aii' known lo tlic nvili/it'il wmlil an tliii hi^li KtiK, willing our cilizi'lis «Iicmi1i( l>e eiie.nllaueil lo |iiirsilii tlieli' avoialioiiH of lisliiiiM anil liUntlli)^. Il ill sliiiMii liy tlie IfeiHiits iif (ioVi'Miiiieiit oltit iais ill llie |iiililh'alion8 of till' Tenth (ViiitU'i, tli.il llie iU«l ruettoii of liuli lite liy seiiU, Nea-lion-<, aliil oilier aiiiiiials wliose nolii IihhI is tisli, is Mry l:itKely 111 vxci'iMi of tlie amount, ot li'-li taken l>y tint whole ot the liitherii'.s of the t'niteil S'.ates. and t» I i'Kitti't tliestt ravenous uiiimaU ih lo eailHe the ileHlrUi'tioll of (•nuruioUji i|UalltitieH of liutnlloUs I'immI hIii II itliuuhl Ixt iitiluixl ait u lui'iuiri of 6ii|i|i.Hill^ llie itchrilix'll S«M| is all Art not for llie lienetll of till' |H-o|i|o lo M-eim' ihelii a ehea|i arltide of foiMl, lull for the .sole Is'lielll of a !(ili,|ili' iiioiiolioly, to ell.ilile lllell. to sll|i|ily ilftieles of luxury for the I Unliioiial'le I'ioihin^; of ihe rieli. We iH'lieve thii* .\i't of I o||;;ri->M |o lio II HlN>eies of elii.ss h>;{isIutioii for the liellelit of llie woallliy li'W, mill liH siii'h i-< o|i|Hi.4ed hy iih' trnni llio Cimiiiiltee on lielnlioiis with Canada, IMJ , p, 2411, [ Uliiier date of the -ttli .Aliril. 1 •''H'.t nvjliiic informalioii from me mi ihe L'eiieial .siilijei I of their iliVrsli){utio|iH, mill ieiaily to the tiblli-rii** of the rai'ilie ouixl, I have the jinnour to .siihliiit the "liiwilifi ; — ••11 the '.llilll Noveniher, IMT!'. Professor S|)cllier K. Ihiild wrote me from Wa>hill>,'tmi ; "I should I (>■ Very j»lnd to liavu ymi mich'rliike the wmk of rollietinj.' tin; tishery .statislirs for ru>;el S4iimi|. Vour l>]ioit nmy In* lui you elioone to miike il, oiirlieiilar ,iiteiitioii liciii;; jinid of eoiir'e to the Ktntiatiei of •uliliiri' and yield. ... Of 1 mivst', I should winli you to take up the lo. ,il ^al lislnries as well a.s ihi' "UierH, ' Ai'tiii^ u|ioii this invitation. I |ire|iareil and lorAarded lo I'r.i'.'i-s.sor llaird a Heimii un thn !ms'.,; fishery olV the enlranee to the Strait of Km .1 aiii west 1 oasi ol Washiii){tmi TeiTil uy. wliieh ' u< Hi'iii from Neah Hay to him hy mail on the I'lltl' ,Iu|y, I.SSII; also ii |ui;H'r on the OkhI lislien of I' i)"' l''laltery, Washiii^jioii Teirilorv. .'s.'|i|eiiilier l.-^Hil. and an exliaiislive moMoi,'nilih "t the li ilil iit .;eiy of ('a|«' Klalteiy and l'i|oe| .S,,iiii.| iimlei- date of lli.. Jillli Oiloliei, ISSlI, (In the IDlli NoveliilHT, IH.SO, I reeiiived it Ne.ili !lay .1 h'll.l flolll I'nifeHnor (1. Ilrowii l...risid at il \ienl of the Imsiiiess ni vmir J'iiilriei." 'Ihi.s lle|iort was alliieked III a iiiosi \inileiit manner liy .Mi. Ilemy W. I'.lliiilt, who like iiiywif, ImU tx'i'ii uMiidoyed hy the Smilhsoiiian Insitiitioii to make inve.stij;i>tioiin on the Imhitu of tlm 72 '>ti wiih ChxU. i ■ •■'• llttMl. lAU. fur-s?flls. Mr. I'lllintt, in liis l!i'i«.i! mi llic scnl't of ilio I'rihylnv ImIidiiIm, iiiyi ilii- inijis nf die fiir-wiil uilinot xwiin, liul will sink liki- « stour if tlirnwn int Rwiin iis -iddii tut Imhii, iiml aililiucil iniml in i-liinv t.liiit in tliH ii's|h'. t li,,. y,.ij, or ('ii|n' Klatt ., ilill'i'V (in;.; tlup-yliiv iMhiiiiU. Tlu' remarks of Mr. KUioll, wlmh ran In: liiuml in " A .Mi>iiii^,'ra|ili nf tln' Seal Islaml-i'f Ala.'«ka," a Hpi'dal lUillrtin N'ii. I7l> uf tin? riiili'il Sluli.i' I'l^li ('iininii.--sinn, isS'J p |(,i;^ wiTi' so |.(i^onally olVcuHni' to nu' thai I u iiii.iislralcil willi I'rofc-.sor Itai'il l>'pariil aiioilicr pa|i r on tin- fur-ti'al, wiiirh wi^h piililiNlu'ii in till' I'.iilli'lin of (li<^ I nitfil Htnlcs' Kith Coinnii^Hion, 1SS;{, vni. iii,p|i. L'dl Id L'(»7, ii. wliiili t provi'il Kv various wilmsscs, (invrrnnH'm olliccrs. tnasicis of Ki'ulin;.'-vi'ssclH, wliiti' trailrr/t, nin', Imlians tlia! I was mrrui'l in my assrrlioiw cinlaiiii'il in my l.'(|Miri of l.SS'i aliovr utriri'il to. Those l!e)MiHs ii| mine, :lltlloll|>ii |iuiilislie(l liy llie (iiivernna'llt, seem for .some n-asoii III ).. syslcnmtieally kept ont of Hiuht wlmnover mfnr imtii>n nyaiiliiiK scalt and the fnr^.scnl iishory in Je.iinHl I'V .\feiMtH>rs of ( '(in>,'.<'s«. 'I'lie aiyuinents an Alaska < onuiiereial ('oin)iany tlial llio I'ur-seals all u'l Jo tlie Prilivlov Islitmls, ninl wotih! Ih' I'xtiirmiiint^'il if thai Coniiiaiiy iIkI not ha\e tin- care aixl )irote."tioii of ilieiii. wouUI (lavily Ih: ili.spriivol if Uiili siilu.i of the aixunient eouM Ut lieani ami tlie real fui't.s iiiutlv known, I wish to ninke no chatj,'!' av'.'.ins' the Ala.skii Comnieicial ('onipany. 'I'lu'y are a eoninicreial nr^'iuiuatioii, ami they follow mit their inie iiistinets to niakr' all tliey lan out of their ver< pDlitahln leate. Thev aii' only repcatin;,- the pole y of the llmlsoii's Itay Company, whiih lor more than It'll yt'iilN ileceneil the ISritlKll I'arlialilelil !iy the same aiKillnelit.s lioW llseil hy the Alaska ('olaliie|ri;il ''oiiijtiMiv, iinli! when, in 1S.".><, tiny applied to I'ailianieiit for a renewal of llpir < 'jiarter, llin-i' wi.s<. iiml fiir-MWitin -lalenmeii, lIiHOmck, lliaclslor.e, I^ml Ihiiy. ninl Sir I'., li. i.yltoii, e\|Miseil the .shallow Hunhixtry of tliu pruU'niti'ins of that ('oinuuiv uiul a ruiivwa! of their Charier was iluuied them. « • • * • • • • .\ltliou:'li Mn h'eporl Oil the fiir-s.als of Cape l'!aller\ in 'iXM was pnlilinhed hy the (loveriiiiii'iit la ilie l-islieri im]>aTtiu^' it, • ' • • • • • It i« conntjinlly inserted in \Va(ihiii;;lon that the indiseriminale .Hlftiij.'hler of sealH will exleriniiifile thelli, and (iwes are tiled o| the Islands of Ma.ssafiiero, bihos, and othir-i on the I'acilie eoiwt, wheie the Hlan^fliter hy cwws of vessulH fnun New I/>nihiii, Coniieelieiit, aad other New Kn^dami |HiitH liu.s e.iliroly exterminated the fur-seals at those islands ami at Cajie Horn. I assiuiie thai fur-seals ,;iii no nil re 1.1! i'Xtermiiiai<'d than lierriiif; or eiMllish. They may he driven oil' from :i iiHikery, hut they an' not exierniiiiated . and, in jiroof of niy assertion, I tespe.lfully aak pirmission to lite ihe swoiii stjiii • uieiits of liirhard Diijiiiis rehi'ivi; lo the liir-HeaU nf Cape Horn, and of KdHaid Tlinma.s Hi;,';;s re|.iliv(< ti 'he fiir-seidrt of the K.dkhMid Islaiids, whirh I have respei lively miirked " K.xhibits Xo.s, L' und .'!." The hluteiiieiits sh.ow tliiil the fiir-seals have nol Imi'ii exterminated at those plare.s, hut ar; .ukeii in 1 •iisideraiile niiinlHas every seiwoii, and, allliougli at uiic time wiie almost driven eiililvly away, are MOW n'turniM.' to tlioir farmer haunts. Iti: Am ■.U'lTI •oiidix (C). •lATION (188'.»). VntrU. j CiMitCktrh. Bihrini'i TutxI. Hrltith .. .\mrrli*«ii Utnnaii . . Grtixl loul . . • 12,46.1 .',^IH l.\,4'J7 1.461 27,!)6il 6,721 i,;ai \i,lili J'iie< r) 'I'niuiiplt ,. K. II. Mitrtwi.. i'. \i. Tup|wr ,. Kate, . ,, KniriM'ltr ,, llrntrici* , , KatlMrliic Uly.. P>'n>lcit .. Minnif Sm |.iii)i WVI-iT 1. lll.h ( >. f.u Hrllo . . Uditilrrrr ,, X'rUlUfk- . , M>ly KlIrM .. M.miiMiii ChUt* (■»i.h. S«ii(l P"inl. 1(11 ■.'.1.1 M'i 102 3«H 111 IM ;i.-.r. IM ■tJit JMIi \U \t* 1 54 h n 171 ■ii» .100 Hi Vii '»i Tuul. .1>i2 ;ia 4.111 I.OIH *;h I..\7H .■.n Ml Ml 7K7 7in i'7H l.'ilHI Jll .14!) 704 HI7 ;,t,i 3,011 473 UIH 716 7»li 2.10 1,116 H)l ■141 iOlt 14. 4i» 7S2 7?U 6J0 4 111 1, 137 1,4«7 774 033 4HII 1 116 mi 7U »M •• l.lHiO liO 7" 4,030 10.7,1/ IH.ICL 3'j.n; 0)H l,»36 i.713 l,fi7.1 'i,l64 ■l.n:: l..l«7 j,4;.i i.;!i4 l.lilU 1,171 >,17H 1.41.1 1.IU4 1. 7111) ■.i.;..ii i.3l7 1.4 ■-'<•. Iriiiinti oKtiir?. FoiiKKiS Vi'tuM'l-. ttiirwo Vnuh wii." wiM III Viiiiiria. ( i«il Cali'li. I IMiiiik'i ,Va Tiiul. Aiitprit!.in — \UtlH T. Dtrr tICK» 'i, <>r|(f A VMiili' lli-hrv Itpiinii \ i-lttun- . . (ii-rmftii .VI. I. 1 • , 74 679 579 10.1 4IKI l.ioti I.60U 6b4 6G4 74 1.043 3,117 iirt 1 Ml i,M Spriiif r«li-lt .^Hii.l I'.tinl., llcliriiiK'i '^n T..111I 4.944 111,732 ll.d.lt 43,11.1 liKllK. N|trliiK rali-h ('.till .ir Hiitiil Tutnl ratcli tt.-linili('i S. a . -It.'li 4. DM lfi,732 21,113!) 1.1.31,1 Per tliin. UiilUrt, lo II V.lui.. DulUn. ISI.440 l»l,ii.2 25».iilix 4'M un ToIkI rati'h ..r AitI f.ir iMtNl IMIIU 43,316 36,310 Vnlu. Ih.llin. 4«3,li.ii 247.170 lUUnip III InMMir ill IMUII il6,H)ii [ur.] 74 IHilO, V\u;r of (Jikiiivlian Hpiiliii'.' VchucIh, wiih <»i|iiii, iilso sIiowIiik Timna'^o. Civws cairl'' JkwiH iiiiil CidiKKH si'inniUrly. .'Illil Vllllli' I'l i S aliia i.r Vr..,l, Nll.l.lH-f \' aIu« l»f Nuiiilirr ..f ValUi) III Nulllltri Kaon. 1 (>iTiii*r«. T"n<. Ollll ■>l IV.alt. Citllilfi. Mill,- Out III Itontt. < ano«-*. Oullari. Ihillau UiiUnra. 1'. ll.Tu|.|«t.. .. WnlkT.miC.... '.I'J l.l.UllO ' ;iHi ., ■ • ^.'^ V.t. • * rarrM' a'lil Mitntir .. <.ll> .. .. V, ftoni" mt ll,.Wil Kill a 4IHI a.'i Arirl .. ,.' N. W. Ituckiiun 9'l •J.OOll Ilia 11 AUn •i» Sra l.iun .. S. O'lli'i" .'■n ;,iiiMi MW ., IH SHry T«>liir ,, . . i i'uw ■■"•it Mu'i*ifl u K.niMi niu lu &IIA ii Aniitf ('. M'nyfi . . IImIkii wiI I o. 11.1 |.'l,IMIO ;iH., . . MarTiii Niiil ('-' . . . • 117 iv.d'lll 7 III) .. 16 K>t.'.. ,. 1'. l»|itiii« &H I.IHIII ,MMI It !>MI •i7 I>l.>i.«'r(l>niht«ilrr) . . Ctntr anil Miin>i< lit) 111,000 'iiiii ., .1 W I'atiirit.' ., I . ttl'riu,; .. It. Hall »i.l C.>. r.i N,niio ,, U Mill S2 (Inati Ik'llr ., (•.1 lil.lMHI 7I1II .. .. 2.1 'n»vrrM .. lUtHUK^'i'i anvl I'o. •, n.i in.UMii rim . . 1.1 K>|.'|.liirr .. .Maivin iinl («... ,, 121 M.lliio KlU |H UM «i Tiiiiin)ih (f .. Ditto.. 9H II.IIDk 7lHI •2.1 Maitgii' M«r ,, ,. ll.i4ani ,. ,. •w )*rtii InlHi • . ,, Uili*>.. ,. .. l>» ! lU.fHM 1 1- ,•.00 ., .. tl MlMllIt .« «. V. JiM-itliaan .. ■• 4C 1 N.OIlO IIIII K 4<)u i 21 Autitra .. J. Ilar..l.l II ' K.IIOll Inn 1" ,'iOltlun- ,, II lliiulianll .. «« i.MIO 4IH) ,, ,, \i M..u..i»it, Chlr*" , . J. liitft-'ittiititt . . .. ■J3 i l.nuo , , • • 4 liifl 1 10 Mlii«» .. r (^ita L'.JiJ 15 I.isr r.f Vi's-nrls unci Cal.li Ml' Vict'ni.i Si:iliiiy I In.l |,,| ISSH. IIHli.h- PmliiiiiiliT ,, 'JVn-M Vi» \nnlf ('. MiKir. IN n>l<,|K h.i|.|.l,it. Oi,.«r.|. JlMllIU ,, M»ry T.)l(pr . Mliiiilf \\ Aiiili n r Aril< Faviirilr MiHIIllAiil ( likf hicrrtt ., W . V. M.vmt.l Wiiilft..! Ilr.it til-. M.,8„ M,. .. Iriumnli .\nirrl«*i>i - W iilirr till I. . . .s»ri lll.s.i ., J. Ilai.ttlcun l.'-'4i V. iilur.- V.h. I., Vlcr Ijilll.- tlolll.' AiUli> IkiM.' Ilu:l I.. I '■» li'i ■:>: ••'.vv It I i.ntH I" III /IIMII , Kill IH HH I.IIH i.;'iti I .iijii ■/•I ;irti) ri KltU i,;iii Mi4.1 ;iio l.'.'VO i-> i»; ;wi) i.:M .I.IIU l.tol •|-..i., 'j'jii I.3III .l.iil.l i.lJii 2,1MII 'i,!IO<> Hid nil ri( 70*1 I7H i.r>ii.-i iml I. l.'l .Mm ■.'111 mi i.jnn n i.Oii? il.'X'O I ii'i Hi 317 u* ■li-'i 7;i i.iul .Vl'imiilu Ji|. .l/r, ti'intt^ '/. iSi'VIk'* Al'l'/iii"* H ^ "I "\ III"! '■' i ' !>■'"' il"" l"l '''IV -'ll l.>)»''ll I'.V U,l.liup,.U|,UlN|iU. ','. Hull l•^ III.- |IH|||I III l|l\ MllrMll'll 1 'H ■>!>• Illill '.! !■. I."l il'lll' ilUII loi ' 'lirnncil m-ViMiil iin' l.illiil ' A. I >l" ii"! U'lii'V.' il , I limi' no ivuliMir'' nl il. |i.ni. ','. I'll >"ii ii"i iliiiik il j.'f'i'' '111"!' iii"i"«' III!' killi' • iliiiii ilicv ■.'111 ill!' t|{iii» .i| .(, S.i, 1 ilii 11, .1 lllllllk liny Nll.^ >". illlll I klloW tin- .Vlllnkll I '•lii'\i' «i. lull ill ilii! I'v iilViii'i' I Imvo fnmi ill.' Mil"!, j.. ■1itv.il<- !•. Ill iimiN • • • • • t .\|>|ii'liilix (Kl. Ml' .liiinf (i. ,S'(Hiil < hii'ltik'i, '/ K'lM '111' •!•••■<•' '■i.'.i!'' i.iKiM lit I'a)m' l''liill<'r\ ' - A. .\iiml <•!' lliHiii .in- Uk* li> llii- initially, lull ••( jaft' yiwiN llitv i^**' 1 11 'lifiUli:: ilifiii a ^i»»l ilisil, al»l i<" .< . miI'iiiHi'IIi'i'. "m*i li«*'- l"'"li N'ly '*W.,i', 'M. iv, VI tliiil wlii'ii lln'/ im- ll Uwl ••!■ 1 all*"- I'liiiiir^ tl»py «itl jjBt ■•ul. •«! ill*' wnv. TUf* art; \tiy •■IK.;rl!l aniiiwli*. ". Wlii-w l*Mf ••'- *)»<*» ,rt^- I'lartr dJwiiV'.i l'•'"llu^rt■ '•••••'W • — A \av *w '•* '•'• • • • %l .\|i|» 1 i.\ (,♦'*. riii'V air w All litki-ll lU ItliilHili. iMt,#.aMi L"-J I»» 76 IU)*Ui>n«>ilh('iiMil.i. .\|i|M'ni|i\ ((i). I'li^l iiii ./(m/ii/i( JJiini'ii'n Eiiitiiuc. I.l'.r ilir (iiiviriiuii III |iliiii' jirii|i<'r |hm|i1c mi ilmtr islmnl-, iiihl r^liiMi'-li ii|ifii iiii>l i Imr iiimiiiIii, tlii'li xiiy lliat nn -^rali'ii "liciiiM '.mi wilMii :'• lrii;.'ii<'c I-'IiiuiIn. Imi iIiii ri'iiialct that iiiiim' llnir yollli),' lii'Vi'i' ■^•' t'lirtlii'l iiNMiV ri'iilii l|ii> i'-l Mil litlii'timli ;:>i ill llii'ir. aiiil li'l tlii't'' Ix' ilo-i' iiiiiiitli'<, aihl li'l tlii'lii liavi- a lair iiml i'i|iial cIiuiik . mill tlli'll I ilii ihpI tlilllk llii'V «lll iVci i'\l.'lliiilialr llliisc nralii, liiTail-«i' tliiV ri'|iriwlilic tlli>niM'lvi'< i'V4l\ ViMl jiimHlly |i|ntri liii. No. 23. Forei(jn OJfirr to Sir C. l.iuitpson iind Co. (irnllcmcru Forfiijn Offirr, Jitnmnj L', \K)\ I AM (liiTclid hy tlic ,\li»r(|(iiH of Salisltiiiy tn iickiinwli iLi' flie rooipt dl" y;iur Idler the 'tOtli iiltinii) nn tlic httlijrrt oi' the Mi-liriiiu'x Sen flcnl (islicry iiiid the tratle in Kcitl-skiiis willt the I'liiliHi SliiU'ii. I am, &c. (Sipiic.l) P. CUKHIK No. 'J.^. Cnloniiil Offirr In hurrii/n O/firr. — ( Rrn'ivn/ Jiiiiiiiiiii .'!.) (KxtriU'l.'i tloirnnnj Sliirl, .hiiniiini 2, 1h<(|. [ A.M (iiiuclcil by l/onl Kiiiitittoi-d to tiaiisinit tn yoti, to l)e laid Ix liirc tlii' Man|'ii> (if SaliKliiirv. a copy ot a Irtti-r tniiii the iii^h ('(»tiiiiii>Nioiit r for ('aiiadu, iiixl of a (li'S|i;it(' lioin the (JoM-riior « ■ciicimI it Cnnadu, on the sulijeet of certain Hlaieiiieiit!* in Sir .1. I'liuiifcfote'H di'S|)atcli of the 24tli .Inly resj)«"liiii; the pioj^rcsH of tlu- Hehiiiii;\ Si-ii ncgotintions. indoHiiri' 1 ill No. L'l. Loiil Sitinley of Preston la Lord Knutiford. My Lord, (ionrnminl House, Othtvu, iXoiiinhrr 22, (KDO. Wrril reftunce to your LinKliip's deH|)Utcli of the H\\ Octohir hist, iiicloj-inu copy of a (le-(»rls ol the Hdniims Sea, and the territorial waters siirrouiidini? tlu'iii.urlo prohil'it tiie killini; of seals f mnd l>eyoiid the ordinary l-iiiile limit in iie!irint;'H Sea, he the Minister) desiri's to say that, l.avin;.^ i;iveii eoiisidcrahle attention to tlu! various arfjiinuiits adduced in suppoii ol the ctiiilentions tlmt iiieasuivs iiru reipiircd to protect fcm lie seals, and that the approach of scnlinjj.vcsscls within certain limits of tlio sealiiij^ islands should be prohihiteil, he has failed to observed any satisl'ai'tory evidence Iroril whicli it could he estahhsju'il that regulations aie necessary to nrolect the (emale seals with yomif; within the Iteluin^'s Sea iiefuri' thev reach liie hu 'iliiej; islaniU. While there a|>|icars to he no ;,'iiod leason tor ilouhtinj; tliiil eoiisidcrahle d«striiclioii hy sealers of diU'ereiit luilions takes [tiaee diirin-i the months of •faiiuarv, I'Vhruary, Marcli, iind April, aloni; the coasts of the United States and IJritish ('ulumhia, helore the seals hcijiii what may he termed the dire, t jo'irih* ti flic iirei'diii;: rookeries, the lust aiilliorities known to the Miitister nl Marine and l''isheiics u'o to show tiiat lemale seals -.sitli youiii( pi.icecil with extraordin iiy rapidity on iiitciiii;; llehriiik's f^w dinet to the brcediii^f rookeries, and that duriiin such time it is impossible for the hiinici's to seeur<' them hy shot or spear, neither can he accept the opinion that it is iiecessiry to restrict pelagic scaling hcvoiid the distance of the n-mih' limit. The Minister, howi-vcr, while lioMinu stron; vi^ws upon tliese p'cT.fs, does not prctein' that a till' and I in rmich iiive'ii.-aliia) oil the subject by those esj ■. i-ially 'pialilicd to make siicli an c\.iiiiiiiatioii wouhi not sii|',p.irt the impression ap|iarciitly entertained by Sir Julian I'atineelote toiichim; the-c ph'.srv oi the iiiluii, lir his intoniiation. All which is respecll'nIK sidimitled Inr nuir Hxeellenev . approval. ■ I Signed) ■ JOHN J. MctiKi;, Clrik, I'livji I 'uuitrii. No. 2o. Colonial Of/t'"!' t'l F'Ttiijii Offifv. — {Ueeciml Januarfi 8.) gjf Ihttininij Slnrl, .hinum)/ ^, IH'.H. WITH reference to previous correspondeiue, I am directed by Lord Knulslord to transmit to you. tiir the inlorination of tiie Maripiis of Salisbury, a copy oi a (Icspnich (rom the Coveriioi-deiieral of Canada, hirwariling a fiirthe;- Minute of the Privy Council, submittiii',' a letter from the Collector ol Customs at Ih-itish Columbia as to the catch of seals in HebriiiK's Sea diirin,;; the season of is'.ni. I am, \('. (Si>;ncd) K. H. MKADK. 78 liiclosiirc 1 ill No. -/). I.oril Sldiilni III' I'nsion t'l l.iinl Kiiiits/nnI, -Mv I.. (ii)ii'rninriit //xi/v, Oliiiwii, Demnhrr 12, IS'.IK. WITH iiirtlitr ic'IcMciii'i- ui tin: siilyccl of my r si-als in tlic Ucliiiiiij'.i Siii, I liiivu tliu honour to in( lose u ^-opy ol an iipprovrd Minute of the IVivy Conncil. -(iihiniltini,' a h-Ucr iVoni the t'olhctor ol" C'nstoins at \ iLluria, Uriti^h I'ohiiuli'M, coiit.iiniiiir siip|ili:iiitiitiiiy iiii'ca'niation us to the season's catch ol' seals by IWilisli C'oinnihiaii vt^f^cN. (Signed) "sTANM.KY Ol- I'HIOSTON. Inc .•l<'turi ill N (). -'.). Uriiori of II OmmUlff of llir Hinioiiiiililr lln I'rii ii C'liiilfil, iijijirorFi' In/ lii-i E.trcHrnrij llie (iiirrninr-dniriii! ill ('ouurll on lliv 5lli Dcrrmlirr, l^!l(). ON n Ucport. (lalid tlir 1st IXciiiilu r. 1>*!II', from liic .Minister of M. Kishciiis, snliniittiii'.r, ^\itli rcli ii iiCf to tlu? .Miiiuii' ot' ('otiiuil i,t' the l.'ith > IH'K), rcmi>sion to Her .Majesty'.-. (Jiivernmeiit. All \\hieh is resi)ietfullv sulaeiltKl lor vonr Kxeellenev's approval. (.Siirncdj ' .lOlIN .1. .\l(i;KK, Ch-rh; l'nr>i ( arine and -. oveiidier, uniliia, in \ ieluria, IVIieiics, I'rineipal 'oiiiii il. Ilielosurc ."i in No. -.'i. Mr, \liliic In Mr. Tiiji/icr, Sir, I'irli.riii, lirilisli ('nliniiliiii, Xnmnhrr 11, IK'.HI. I ll.\\'i; the himour, ii; linllur rd'eniieo to yoi.r tele;;ian'>. of the l'>th and Kith idlinio, to say that snice my letter of the .'SOlh nltimo 1 have had interviews with those nuisters (if ^ehool;ers that ri nialncd tlie latest in the llchriiiij's Sea, ami who were nu)st Itirtunate in iri'ltinj; a larj^e cateli. Ar.ioiiu't Ih • ina.sters, \V. K. Ilaker, ma.ster of the sehij.iner " Vivn," whose e.itch was '-'.Oio in iMirin'.;'s .'^ea, and also \'. .1. .lacohsen, niasti'r nf the .M-hdoner " Minnie." '!'he>e neii hein;; inteili-'ent ai\d eare'ul mariner>, on lain.' >pe'»'ti(inid hv me, -ep.aratelv d-'clafi- that tin'V have never seen the seals more pkiiiiful than jii^l hefiiri they lift liehrinj^'s Sea; .laeoh-eii sayinu; that with his Indiim erew, the lew days l)clt)re leavini; tiie sealin,.;-^rounils, I he Indiaius wonlil hrini; 'JJO lo '-'".') un hoard (!aily, hut Ihal the wiMther v,a. very hoisterous, foL'try, and had, interferiuf; very nuieh with tlii'ir operations. .\nd 1 can now >,ilily r. |i<.,l wiiat 1 have aheady said and writfin, that owneis and masters do not mtcrtuin the sliiihtest iiha that the seals arc at all scarcer, and all interested in the scalinir industry are of tlie opinion that tin- liowlm;^s of the American pre-is nhiiut the scarcity ot seals cau>cd hy the " siai pcjacheis" (as they term our vessels) is >imply nianulaetureil hy liu" paiil ajent ol the new Company, '-'riie North .American Trading tompany," hoth here ami in ."^an I'Vanci-eo, no donlit to i^ain some ad\auta!;ir lor llamsel\is. Il in a fact well l»iu>wii to our scalers that doreiu' this year the only vessel that iitliniptcd lo raid any island.s was the American .schooner, "(eco. K. While," on Copper li-land. and hisi year two American schoonei's ruidi'd, hut without nuieh success, 'I'ha!. om- sehiKiners have heen n\osl earel'ul 1 cini s d'elv assert, from my .icipiaintance and Kiiiiwledjre of the ehinacter ol m. idlers and own^is, ihat no attempt would ht: made' hy any ol them to coinniit any hieaeh of law or inlunalional reunlalions. \aiiiuis reports have heen lelei,'raplu(l from I. en: and San {''raneisco n ^ardint; the leporleil sailing of oiu- sehoomTs on a second t rui/e; to Hehrinii's Scu, .nn reported for the c.xpresn pui|)ose of raiilinj; the seal islands of St. I'. ml and Si, (iuorge. 1 melose you a euttiie^ Iroiu oiie of luu' newspapers that jjives the story. 70 On the 20fli Soplrmbn- tlio f'anadiaii sthonnor " 'IViumpIi " clcnrnl from tlii-< port for n second friiizc in flic Norlli I'licilic muiI I5iliriin;'s Sea. Tlic Miinc vessel wtc* thr first to return lioni |{clnini{'>. Sen. owini: tu I. irk nf su( fc— caiiseil liy iMiistcmus wt atlur, and the owiuis ilidimlil lii^l, latlicr lli .n liavi: liir laid up to .ianiimy, the tinie (or ^juini; outlil, It) iiiukc rcasdiialilr Icnii-- wiili the crew, and -^end her out tor n second voyaijc, as it v.a-< considered tiial thu sea's niij:iil move to the \ve^t^vard and he lutcv. At tiiii tio'C it was l»!iown tiiat the seals were lomui to the north and eastward of the Islands ot St. Paul and St, (ier)r^e. On the >nilin'4 «)t' this schconer, wliioh wa^ done in open d.iy. witliout anv attempt at coneeahhcnl, tcle;;iain> were ll\iiii,' all over tlii' continMit that a fleet < f liriti-h paaehin"^ .sehconirn hail eli'ared fur ricliiiHj;'^ Sea. to raid the I'liliylov Soal Inland.-.. A lew da_\s lifter a sinull <'urnuni !>ehooner, named the "Adcie, ' cleared frotn here to VoKohama. .lapan. She wa.t also repdrted a> haviui: soni- to raid the Seal Islands. This havii;-^ been reported tr> San l-'raiieisco, I am cie, mid he mude representations to his (iovernment wliieii I understand he has since denied, hut which, 1 think, then; was no donhl, as l.idi'enant Wooley, of the United States' cutter •'Wolcott" came over to oiitain further infor- matido (roin liic ('die id. am' he alsn callei! al the Ciistoin-house. and when he left me he was, 1 think, s iii-tied that the; who!' matter had hccn misrepresented to lii- ( iovernment. V'oii will see hy the inclosed newspaper cultin^ a cojiy of the order i;iven to the revenue-cutter hy the Assistant Secretary to the 'J'reiisury, O. S, Spauldiiig : — " Diihi'l riilrh llirw. "The United States' (iovernment spend- a Idt of money foolishly. "The steamer ' llerlha' lay at aueii(a- in I'orl Towiisend Ihiy all day Sunday. She was not nftaehed io a Uritisli sealer cither, as some tliouf;ht she wmdd he, when she came baelv to I'lim't Sound. She arrived early in the mornini; Irom Alaski, where she went three wc'ks ajio in eharu'C of Caplain Uuss(;l (ilover, ol'the ruvenueciitter " Woleolt,' and liienlenanf nenhcm. of the llevciiiie .Marine Service, stationdl at t^laleil that he went unly as tar lis Ounalaska on his »-riii/e. There he Iduiid tiie cutter ' Meir ' in charm' of Captniii Mealy, and d( liveied to that olliccr all orders in his |ios-essidn. " It will he remeinhered tliat (piite a ripple of » .xcitemcnt was caused some weeks «<(0 hy the report that the United States' cutter ' \\ oleott ' had hccn ordered to Mchrinu's Sea, and that the steamer ' lierlha ' went in her place. The tdllowini,' orders were the ones sent on to Captain (jlover : — " • \y„iihltii/lon, /).(;., Scjilrmbrr 22, IS'tO. "•Captain Russel (ilover, Hevcnue cutter "Oliver Wolcdtf," Port Townsend, Wash- ini;ton. " ' The schooners " Triumph," " Adelc," " Mary Kllen," " I'nthlindcr," and prolmhiy others, arc reporled to have lell \'ictoria for the Seal Islands within the past three days, for the purpose of raidiii'^ them. Von are hcrehy instructed to |irompllv proceed to cruize ahoin'. the islands as loiij,^ as the wi atlier uill peiiiiit,and spare no etiort to protect the rookeries. "' You are not instructed to warn laiilmi,' ves-eis oil, hul are instructed to discover thcin ill the net. II they are taUim; seals on land at the islands, seize nnd brin^' thetn to Sitkn. In brief, got tiiem with evidcnee to convict. " ' Give a copy of these instructwns to the " Rush," or " Bear," who are hereby instructed to he governed by them. " ' It inav be well for you to obtain additional intbimation cmccrning the raiding of vessels from United States' Consul at \'ictoria, if you can do so without dolayii g your departure. (Siirned) "'O. S. SrvrLDixo. " ' .issistniil Srrrrtarii, TrfdKinrr.' "The ' Hertha' took the place of the ' Wolcott ' on account of the hitter's unsea- worthiness. ,111(1 supplies and men wrc translcned to the ' liertha.' the (iovermnent piiyinc -••f' (lollaix |ii!i' diiy for liir, :iii tiiirieen Kcainen liel(ini;ini{ to (he wrecked uhaling-Hciiooner ' riioinax I'opv.' 'I'lii-sc wdl 111? lakrn to Smttle liy tin; ' llcrtha," which is now lyini; in Port Townwnd llarhinn-. "The enttir • iUar" |iroeir(U(l at once to ndirin^'K Sra, in cliuri^c oi Cupfain liculy, to carrv out the nrderK ol' Spaiddin^'. I'Voni tlie laiit sentence of his ollicial (ies|)utcii it is evident the oriuina! iidorniation was sent out Irorn N'ictoria. " I.ieiitenant N'i ille\ admits liaviiif; >:oia' to N'ictoria to see what eoidd he lonnd out rei;ardiiit; the matter, and he was told the ' 'i'rininph ' and ' Adiile ' liad hutli cleared. The tbrnier was liyinn the Hritish llatc, and had cleared lor Uehring's Sea. The ' Adisle ' was rtyinj; tlu'(icrnian (lu^, and was on tlie way to HehriiiK's Sea." The only vessels of our soiling (lect fliat have cleared, up to thi«|«late, from this port are nx follows : — Canadian mhooner " Trinin|)h," Cox, master, North Pacific and ik'hrini,''s Sea. (•erninn schooner" .\delc," Hansen, master, Yokohama. .lajjan, Canadian schooner " .Mar\ Tuvlor," Petit, master, South Pacitic and (iaiapugos Isiaiid-. Tile "TiiniMph "clcarihfr on the liOtii Septendicr, the " AdMc"ontlie *j3rd Septeniher, niid the " Mary Taylor" on the 1 Ith Octolxr last. The master and owner* of the "Triumiih " asiiucd me that the vessel will likely circle out of PehriMLr'^ Sea towards tiie Kurile Islands, and endeavour to follow the track of the seals, prohahiv ntm-niii'.; hy way ol Sandwich Islands. The (ierniini schooner " Adeic," I am satisfied, went towards the Kurile Islands, on the Asiatic side, untehes, and conHe(|uently the seals taken from \ ancoiiver Island northward were taken into Hchiin^'n Sea, anil, on the vessi I's return, were credited as Ijcini: taken there. This was manifestly wron;,', as you will observe hy my ktatemcnt that l(),7.')'J seals were taken from \'ancou\er Island to Saiwl Point, on the Shumafi;in I.slandH, and only iH,!!).') alloficthcr in the sea. The statement sent yiiiihiisotl |)rinci|ially hy M J. \h\v\^, uijciit of JoHcph Uhliimiiii, New York, but ucousidiMalik- [lortijQ of them Mas hcnt to Loiuloii liy the owners direct. 1 would (urlhir hen l'> |>"i'>l ">" li'nt tl>e |)riec of nkin* liwt year, 1>*H'.). w,i» 7 dollar.'*, while this yar tin- |>rie-s have ruled liii;li, tin; eailv Hjiriiii,' catel'i al 10 iluilai-i, ilu- S.iiid Point (al(h I I (lollai>, anJ trie ItihriiiK's Scu 12 dollar^', and in some sin.dl lots t:( di)ll.iri per skin, the .i].;eiil of 11. IjuIh-s and <'o. Iicinf^ lulive coni|»etilor8, hiil thoMU who emdd afford to bend their vkins lo l^indon did better. ■d H cuuf!;iit luld now whieli I IJefore hiinu;'» were there. st'als id only iieh will year's ■a, and orrcetioii Thai ai) were and < 'o., Noilh Jihrini;'s !i for tne Vnhie 0/ Vfnxth. I woidd bc^ furthiT to enll your attention to the statement already sent \i)u as to the value of vessils and outfits, erews, boats, Ac, eni!a«ed in the scaling Inisiiiess. I Imve seen Home advi'iNc staleniciits made as to the value of our scalini; vees it has cost I'.'.'i dollar--, but at the picsnit I am assured that 100 dollars per registered tun Ih n fair ti(;ure, while in Nova Scotia and New liruiiswick the usual |iriee is 50 d(dlars per rei,'istered ton, beiin: ilouble in tliis province to ivlial it is east. So it is with the boats, Nvbicli cost I'oin 1-5 to ItlO diilbu.. Tliey are made and adMptel to the scahii^ busuiess, and vessels will carry lioin six to ten bo. its. The otlicr portion of tbeir oulfil is likcAi.se expciisiu-, mine especially leuarniiii; llie p.iilicnlar kind of mins and costly lilies thai e\|ieiience has taiiKbt tlii! biiiilcr to he best ad.ipled to ocean sealiiiL'. These i^iins cost o.'i to G'> ilidluis e.ieh, and the iifli's aie also expensive, so tliat when tluse larmier vessels nie ready lor »ea their outlits will be between :),l.()0 and I,0li0 doli.os, and smaller tuics I have been informed, on best authority, are not Itss V an "J, .MM) ilollars. ll must be borne in iniml thai Ibese sclioniieis will tarry a crew, inchniin^ hiiiilcis, ol IvMiiiy tliii\' or iweiii v-liv,' men. I'ivc schooners will be adiied lu our iKel from .Nova Scotia this year. They iiave already sailed viA ('a|ie iloin, and also one sehooiur purchased in YoKoliaina, Japan. Th all sch(a)iiers from 70 to I 10 tons rej;isier. I iintlersland that each of the schooners that has left llalifi.x frinu's a lull crew of luinlers. I have also seen it stali'd iliat a number ol American scbooiifis were j;iiiiii; to sail under our ll.ij, in scaliii:;. This IS ubsidutely not true. Tin re are no Amcncni scIkm;: ers i l'ani;iiii,' ibeir tla« al present, niid none clinlen plated. As u f.et, the Anii.rican seiaioners have not been as suce>s,|ul us our own Canadian vessels, and fiwcr ol I hem have visited our port last year than lormerly. i have the honour Id inclose ).)U some (urtli(r informatiini as to the Owners and Masters Association. I send the iiewsjiaper euitini;, wliicli, 1 believe, is correct, but I am piomised a lull copy of the prueeedinj^s, which, it 1 receive in time, I will inclose lierewith. The terms arc : — .\ii\ liiiiili I inucuiiiij; 4()l> miiIk mil u|i"aicl ■ „ ., ;i(l(l ll. -1(10 „ ,. 'JIIO in aoi) I. « ii.iiii :200 [!».■ Dol. c. J '.a piT okia. - eti „ 1 ,'.0 I on M IMAGE EVALUATION TEST TARGET (MT-3) // V V] <^ /A 7 % A' V m /A 10 I I.I 11.25 1^ 1 2.8 Ml 1^ It i;^ 2.5 - 6' Photographic Sciences Corporation 1.8 1.4 11.6 2.; WESl MVN jTREET WtBSfSr N.Y. 145W (716) 872 4503 A ?> t- vV 82 The owners have hound themselves, in the event of the hunters not accepting this scnie, to import new hunters from the east, and no schooner to engage, in any case, more than three of the old hunters. "Interesting to Sealers. " On Tues<)av a meeting was held bv the owners and masters interested in the sealing indnstrv of this port, the gathering having hecn called to deal with several matters of vital interest to all parties concerned. Captain Warren was asked to take the Chair, Mr. Richard Hall, of Hall and Goepel, ;icting as Secretary. The outlook for the next season was discussed at considerable lengih, as was the result of the past one. it was the opinion of all that the price o'\ skins this year was consi('erably above the average, and that it was hiirhly probable thai a drop in prices would take place next year. The reason for the increased prices for the past season's catch was held to be due to the fact that the bad wenther had been against a big catch, and that the shortage naturally made a livelier demand. "The question of pay for hunters and boatmen then came up, and the adoption of a scale per sealskin was discussed. It was admitted by the owners, many of whom are practical men, that the business of seal-hunting was a dangerous and arduous one, and one that should in all fairness be paid for in a liberal vvav, but, at the same time, the great risks in the scalinn business, together with the uncertainty of the markets, made the payment of an excessive rate entirely out of the question. It was also shown that a ^ood h' nter, one who was able to get many seals, was a cheaper man at better pay than was a poor one. An indifferent man occupied a boat and kept two boatmen at work, while the result of his season's work might not be sufficient to pay interest on the capital invested. In view of these facts, the following scale of wages was unanimously adopted : — Cntch. Pay i)cr Skin. Up to 199 .. .. ., .. „ 299 „ 399 4(10 or over .. . , . . . . .. Grey pups, encli . . Del c. 1 00 1 50 2 00 2 50 1 00 " It will thus be seen that the hunter who captures less than 200 only gets I dollar each, v\hilp the good shot and experienced man who gets 400 or over has 2 dol. .'jO c. each. This scale has been agreed to by all the owners. " Boat pullers are to be paid 30 dolbirs per month, or 15 dollars per month and 2.'> cents per skin taken. This will be an incentive to the boatmen to work with the hunter for a good catch. " Another matter of importance came up, and that was the employment of old hands. It was shown that there were not experienced hunters enough to man the fleet, and it has been agreed upon by the owners to limit tiie number of old hands in each vessel to three, the others to be made u|) of new men composed of porpoise hunters from the east. This plan will give each of the owners an equal chance for a good crew. Ore exception only was mfide, and that in the case of a schooner which is owned almost exclusivelv by the hunters. In this case the rule as to limit in the number will not he enforced. The scale of wages will, however, be the same." Every year our sealers arc becoming better acquainted with seal life, both in the North Pacific Ocean and in liehring's Sea, and I have endeavoured to find out from the most intelligent many matters on which there have been conflicting opinions. One of those, as to the number of females caught ; and even persons in this province have been ready to give extravairant opinions on tiiis subject, as to the excessi>c miinbers ot females taken. Now it is well known to our best and most intelli^eut se.iers that a considerable proportion of cow or female >eals taken are barren, (|uite barren, that is, they uaic not borne young tor one or more seiisons. This the hunters well know from the absence ot anv appearance of lacteal tluid in the animal: it is now well known that the young seal wiil take to the v\ater as soon as oorn, contrary to the t'leory adv meed bv h,lli.)t. On this iind many other like matters I endeavour to elicit all intormaiion that I think might be of service to the (Government at anv future time. 83 I ain very happy to say that the owners and masters of our sealin- fleet are always ready and anxious to confer with nic at any time in regard to anv matter appertainim? to the sealin- Hidustry, and appear to be satisHed that the Government are doini; cverytliing possible to brms about an honouraL.e settlement of this important (juestion. I have, &c. (Signed) A. R. MILNE, Collector of Cuntoms. Inclosure 4 in No. 25. Report of Proceedings, WE, the Undersin:ned, members of the Victoria Ship-owners and Masters Sealing Association, liereby agree and pledge ourselves to strictly adhere to the tariff of prices agreed on at our meetings, and which said tarilf is hereinafter specified, and we also bind ourselves on our word of honour not to violate this agreement by offering any bonus or inducements of any kind whatever, outside the letter of this Agreement, and also we bind ourselves to assist each other in every possible manner to carry out this Agreement and preserve the integrity of our Association. The following is the "tariff of wages and lav to be allowed hunters, boat-pullers, and steerers for the season 1891 : — Ilunlers— Dol. e. On catch of 199 sliins or loss .. .. ., ..I 0(1 per '-kin 200-29U . 1 50 „ ' „ 300-.3!)9 .. .. ., .. .. 2 00 ., 400 and upwards . . , . . . . . 2 50 „ Excepting iu every instiince ^roy piip-skiiis, for which will be paid 1 dollar each. The catch refsrring to the number of skins secured by each hunter in his respective boat, and delivered to the captain or officer in charge of his schooner. Any skin showing grey marking under the fur about the shoulder is to be considered a grey pup-skin. Boat-pullers and Steerers. Wages only, not to exceed 30 dollars per month. Wages and lay, 1.5 dollai's per month, and 25 cents per skin. Lay only, 50 cents per skin (grey pups excepted) all caught in their respective boats, and delivered to the captain or officer in charge of the schooner. On each grey pup for lay only the price shall be 25 cents. Second Officers. Wages not to exceed 35 dollars per mouth. We also bind ourselves not to take more than three experienced hunters in the sealing business on each vessel represented by us, said hunters to be engaged at the scaL or lay adopted by this Association, as herein- before particularly described ; and we also agree that all hunters required in excess of the three hunters above mentioned for each vessel shall be new men at the business of seal, hunting and shall he engaged at the same scale or lay hereinbefore mentioned, and this clause shall apply to all vessels owned or controlled by the members of this Association, whether clearing from the port of Victoria, or other ports in Canada or the United States, or any port where any vessel owned or controlled by any member of this Association may be fitting out for sealing on this coast. We also bind ourselves that the scale for Indian hunters shall be as follows : — For the spring engagement, for each scal-skia (grey pups excepted, for wiiich will be paid the sum of 1 dollar [sir]), all to be delivered to the captain or officer in charge of the schooner; and we further bind ourselves to offer no further bonus or inducement whatso- ever, directly or indirectly, in excess of the above prices for the spring engagement. On the Northern and Behring's Sea catch we agree to pay not more than 3 dollars for each seal-skin (grey pups included) delivered to the captain or officer in charge of the schooner, and, if necessary, also not more than 10 dollars for each canoe procin-ed, and also a bonus of not more than 10 dollars to the Chief or Headman for procuring such canoes ; and we bind ourselves that the above shall be the only moneys paid out in excess of the cost of the skins, viz., 3 dollars for the Northern and liehring's Sea engagement. And, lastly, we agree not to advance or in any way exceed the scale or lay of any [95] ■ N !?4 hunters, should those in Victoria decline to accept the hereinbefore-mentioned lay, but to procure hunters elsewhere. -t^ In the faithful performance of the within Agreement, we hereby sign our names, and the names of the schooners represented by us. No. 26. Sir J. Pniincefote lo the Marquis of Salisbury. — {Received January i6.) My Lord, Washington, January 6, 1801. I HAVE the honour to inclose herewith copies of the President's Message to the House of Representatives, transmitting a letter from the Secretary of State, v.-iiich is accompanied by the correspondence which has taken place since the 23rd July, liS'JO, on the Behring's Sea question. This correspondence consists of your Lordship's despatch to myself of the 2nd August last, and of Mr. Blaine's note in reply of the 1 7th December, copy of which I had the honour to transmit to your Lordship in my despatch of the l!)th ultimo. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure in No. 26. President's Message. Seal Fisheries of Behring^s Sea. To the House of Representatives, IN further response to the Resolution of the House of Representatives, requesting, me, if in my judgment not incompatible with the public interest, to furnish to the House the correspondence since the 4th March, 1889, between the Government of the United States and the Government of Great Britain, touching the subjects in dispute in the Behring's Sea, 1 transmit herewith a letter from the Secretary of State, which is accompanied by the correspondence which has taken place since my Message of the 23rd July, 1890. (Signed) BENJAMIN HARRISON. Executive Mansion, January 5, 1891. To the President, Department of State, Washington, January 5, 1801. In response to your direction, I submit herewith the ofticial correspondence between the Government of the United States and the Government of Great Britain, touching the seal fisheries of the Behring's Sea, since the 19th July last. I am, &c. (Signed) JAMES G. BLAINE. JSo. 27. Sir J. Puuncefotc to the Marquis of Salisbury. — {Received January 20.) (Telegraphic.) Washington, January 20, 1891. BEHRING'S Sea. With reference to my telegram of the l7th instant, I have the honour to inform your Lordship that I saw Mr. Blaine yesterday, and he showed me a statement which had appeared in the "Times" of the 5th January respecting the naval preparations of the United States in the Pacific. This statement was, he said, based on a mischievous telegram from the Philadelphia correspondent of the "Times," and explained the temporary excitement in London. The telegram was absolutely and entirely false. :85 . r , ■ . ■!■■■■ Xo. 28. •.....■ Colonial Office lo FniPifjii Office— [Ecrelved Jiiiniarii ?,0.} (Extract). Doirniiuj Street, Januunj 29, 1891. WITH refercuce to a Report, received tlnoii->li the Admiralty,* from the Com- mander-in-chief on the Pacific Station on the subject of the seal fishing in the Bchring's Sea, I am directed hy Loid Kimtsford to transmit to you, to lie laid before the AIarqui.s of Salisbury, an extract of a despatch from the Governor-General of Canada, with a Minute of his Privy Council, submitting a Report by the Minister of Marine and Fisheries on the Communder-in-chief's letter. Inclosure 1 in No. 2S. Lord Stanley of Predon to Lord Knutsford. (Extract.) Government House, Ottawa, January , 1891. I HAA~E the honour to forward to your Lordship a copy of an approved ^linute of the Privy Co mcil, submitting a Report by the Minister of ]\farine and Fisheries on the letter from tiie Commander-in-chief on the Pacific Statioa as to the seal fishery in Behring's Sea, copy of which was inclosed in your Lordshijj's desjiatch of the 6th November last. Inclosure 2 in No. 28. Report of a Committee of the Honnurahle the Privy Council, approved by his Excellency the Governor-General in Council, on the 3\st December, 1890. THE Committee of the Privy Council have had under consideration a despatch, dated the 6th November, 1890, froui Lord Knutsford, transmitting a copy of a commu- nication, received through the Foieign Office from the Admiralty, inclosing a Report from the Commander-in-chief on the Pacific Station concerning the seal fishery in Behring's Sea. The Minister of Marine and Fisheries, to who.ii the despatch and inelosures were referred, submits the annexed Report thereupon, in which the Committee concur. The Committee advise that your Excellency l)e moved to forward a copy of this Report to the Right Honourable the Secretary of State, for the information of Her Majesty's Government. All which is respectfullv submitted for your Excellency's approval. (Signed) JOHN J. McGEE, Clerk, Privy Council. Inclosure 3 in No. 28. Mr, Tupper to Lord Stanley of Preston. Department of Fisheries, Canada, (Extract.) Ottawa, November 27, 1890. THE Undersigned has the honour to acknowledge your Excellency's reference, covering a letter from Her Majest;y's Principal Secretary of State for the Colonies, transmitting a copy of a communication received by Lord Knutsford through the Foreign Office from the Admiralty, inclosing a Report from the Commander-in-chief on the Pacific Station concerning the seal fishery in Behring's Sea. , . „ , , The Undersigned has carefully perused the letter of the Commander-in-chief of the Pacific Station, in which he reports to the Admiralty the return of the sealing schooners from Behring's Sea, and certain information which lie has gathered from the captains of the schooners respecting the iiature and extent of this season's catch of seals. The Undersigned would observe that after full inquiry through the Collector of Customs at the Port of Victoria, British Columbia, he submitted a Report upon the subject of this season's catch, which- your Excellency approved, on the 17th and lOt'h November, 1890, and that the information trius conveyed to Her Majesty's (Govern- ment is supplemented by a further Report from the Undersigned based on additional particulars from the Collector of Customs at Victoria, under date the 11th November. • See No. 13. 86 Paragraph G of the Report of the Admiralty from the Commander-in-chief on the Pacific Station, to which special attention is directed by the Admiralty, is as follows : — " They (the captains of the sealing vessels) also mentioned that two-thirds of their catch consisted of female seals, but that after the 1st July very few indeed were captured * in pup,' and that when sealing outside the Behring's Sea round the coast on the way up (where this year the heaviest catches were made) they acknowledged that seals ' in pup ' were frequently captured." The Undersigned would remark upon this, that seal-hunters arc in the habit of classifying seals as males and females when assorting their catches for the markets, regardless of the sexes ot the seals ; in other words, all seals of a standard size and over are classed as males, those under the standard size being classed as females. [t does not appear from Ilear-Admiral Hotham's Report, that in his investigations any special examination was made as to tha sexes, and the Undersigned would remark, in passing, that very careful investigation is necessary in order to distinguish the male from the female seals. Reading paragraph 6, however, as applicable to the experience of the hunters ^)revious to their entering Jiehring's Sea, the views conveyed by Rear-Admiral Hotiiam to the Admiralty are not inconsistent with information icceived from time to time by the Under- signed, to the effect that a considerable number of female seals and seals " in pup " have been taken outside of the Hehring's Sea, in the great waters of the Pacific Ocean, and along the coasts of British Columbia, California, and Washington territory. The Undersigned, upon this phase of the sealing industry, moreover, would remark that neither the United States nor any other nation has yet expressed willingness to consider a close season, covering the great waters of the Pacific Ocean outside of Behring's Sea, so as to prevent the destruction of seal life. The Undersigned is of the opinion that, upon investigation by experts, it might possibly be found necessary, for the preservation of the fur-seal species, to establish Regulations in order to prevent this slaughter upon the coasts above mentioned. There is evidence that the slaughter of the females when '• in pup " occurs while the seals are travelling slowly up the coasts on their way to the rookeries in Behring's Sea, when resting, playing, or feeding, before they have begun the more immediate and direct journey to the breeding islands. There is, however, it is submitted, no satisfactory evidence to establish that when the seals liave once passed through the Aleutian Islands on their course to the breeding rookeries, that it is possible for hunters to shoot or Indians to spear them ; on the contrary, there is reliable authority for stating that the journey through the Aleutian Islands and to the breeding grounds is direct and swift. It is known, moreover, that the pelagic sealers in Behring's Sea obtain their catch chiefly from the " bachelor" seals and the "barren cow " seals, found at different points off the rookeries, at periods when the breeding seals are mostly confined to the islands, and the waters immediately surrounding the islands. No. 29. Sir J, Pauncefote to the Marquis of Salisburi/, — (Received February 1 0.) (Telegraphic.) Washiagton, February 9, 1891. IN an interview which I had to-day with Mr. Blaine he told me that ho had been intending to write to mc to ask whether he was to consider the diplomatic correspon- dence on the Behring's Sea question suspended or closed in view of the legal proceedings in the " Say^vard " case now before the Supreme Court. I said that I had no instructions on the subject, but that in view of the reported reply of the Parliamentary Under-Secretary to a question in the House of Commons that the legal proceeding in question Avas in the nature of a private suit, and did not interfere with the pending negotiations, I did not think that your Lordship considered the diplomatic correspondence closed or even suspended. I added, however, that I would inform your Lordship of the inquiry he had made. No. 30. The Marquis of Salisbury to Sir J. Pauncefote. (Telegraphic.) Foreign Office, February 10, 1891. "Wri'H reference to your telegram of yesterday, I have to inform you that my reply to Mr. Blaine's note of the 17th December, on the subject of Behring's Sea, will be sent 87 [ have delayed it witli the object ol' obtnining int'ormaiion on a few very shortly, points. There is not, in my view, any connection between the lepjal proceedings in the case of the " W. I*. Sayward " and the diplomatic correspondence witli regard to Bchring's Sea. ^0. 31. The Mnrquls of Snllshnry to Sir J. Pauncefote. Sir, Foreign Office, Fubrunry 21, 1891. THE despatch of Mr. Blaine, under date of tlie 17th December, has been carefully considered by Jler Maiesty's (iovernnicnt. The cffnct of the discussion which has been carried on betwc i the two Governments has been materially to narrow the area of controversy. It is now ([uito clear that tlio advisers of the President do not claim Behring's Sea as '. mare clnii.'nim, and indeed tliat they repudiate that contention in express terms. I^or do they rely, as a Justification for the seizure of British ships in the open sea, upon the contention that the interests of the seal fisheries give to the United States' Government any right for tliat purpose which, according to inter- national law, it would not otherwise possess. AViiatever import.ance tliey attach to the preservation of the fur-seal species, — and they justly look on it as an object deserving the most serious solicitude, — tliey do not conceive tliat it confers upon any ^laritime Power rights over the open ocean wliich tliat Power could not assert on other grounds. The claim of the United States to prevent the exercise of tlie seal fishery by other nations in Behring's Sea rests now exclusively upon the interest which by purchase they possess in a Ukase issued by the Emperor Alexander I. in the year 1821, which prohibits foreign vessels from approaching within 100 Kalian miles of the coasts and islands then belonging to Russia in liehrings Sen. It is not, as I under- stand, contended that the Kussian Government, at the time of the issue of this Ukase, possessed any inherent right to enforce such a prohibition, or acquired by the act of issuing it any claims over the open sea beyond the territorial limit of 3 miles, which they would not otherwise have possessed. But it is said that this prohibition, worthless in itself, acquired validity and force against the British Government because that Government can be shown to have accepted its provisions. The Ukase was a mere usurpation ; but it is said that it was converted into a vaHd international law, as against the British Government, by the admission of that Government itself. I am not concerned to dispute the contention that an invalid claim may, as against another Government, accjuire a validity which in its inception it did nrt possess, if it is formally or effectively accepted by that Government. But the vital question for decision is whether any other Government, and especially whether t!ie Government of Great Britain, has ever accepted the claim put forward in "this Ukase. Our contention is, that not only can it not be shown that the Government of Great Britain, at anytime since 1821, has admitted the soundness of the pretension put forward by that Ukase, but that it can be sh"-"n that it has categorically denied it on more than one occasion. On the IBth January, }622, four months after the issue of the Ukase, Lord liondonderry, then British Foreign Secretary, wrote in the following terms to Count Lieven, the Russian Ambassador in London : — "Upon the subject of this Ukase generally, and especially upon the two main principles of claim laid down therein, viz.', an exclusive sovereignty alleged to belong to Russia over the territories therein described, as also the exclusive right of navigating and trading within the maritime limits therein set forth. His Britannic Majesty must lie understood as hereby reserving all his rights, not being prepared to admit that the intercourse which is allowed on the face of this instrument to liave hitherto subsisted on those coasts and in those seas can be deemed to be dlicit; or that the ships of friendly Powers, even supposing an unqualified sovereignty was proved to appertain to the Imperial Crown, in tlicse vast and very imperfectly occupied toriitones, could, by the acknowledged la« of nations, l)e excluded from navigating witiiin the distance of 100 Italian miles, as therein laid down, from the coast." On tin I7th October in the same year the Duke of AVellington, Ambassador at Verona, addressed to Count Nesselrode a note containing the following words:— " Objecting, as we do, to this claim of exclusive sovereignty on the part of Russia, I might save myself the trouble of discussing the particular mode ot its exercise as [95] 88 get forth in this Ukase. But \vc object to the sovcveiguty proposed to be exercised under tliis Ukase not less ;':in we do to the claim of it. We cannot admit the right of any Power possessitig the overeiynly of a country to exclude the vesseh of others from the seas on its coasts lu the distance of 100 Italian miles." Again, on the 28th November, 1822, the Duke of Wellington addressed a note to Count Lievcn containing the following words : — " The second ground on wliich we object to the Ukase is that His Imperial Majesty thereby excludes from a certain considerable extent of the open sea vessels of other nations. We contend that the assumption of this power is contrary to the law of nations ; and we cannot found a negotiation upon a paper in which it is again broadly asserted. We contend that no Power whatever can exclude another from the use of the open sea ; a Power can exclude itself irom the navigation of a certain coast, sea, &c., by its own act or engagement, but it cannot by right be excluded by another. This we consider as the law of nations ; and we cannot negotiate upon a paper in which a right is asserted inconsistent with this principle," It is evident, therefore, that so far as diplomatic representation went, the King's Government of that date took every step wliich it was in their power to take, in order to make it clear to the Russian Government that Great Britain did not accept the claim to exclude her subjects for 100 miles distance from the coast, which had been put forward in the Ukase of 1821. Mr. Blaine does not deal with these protests, which appear to Her Majesty's Government to he in themselves amply sufficient to decide the question, whether Great Britain did or did not acquiesce in the Russian claim put forward by the Dkase. He confines himself mainly, in the despatch under consideration, to the consideration of the Treaties which were subsequently made between Great Britain and Russia and America and Russia in the year 1825 ; and especially of that between Russia and Great Britain. This Treaty, of which the text is printed at the close of Mr. Blaine's despatch, does not contain a word to signify the acquiescence of Great Britain in the claim recently put forward by Russia to control the waters of the sea for 100 miles from her coast. There is no stipulation upon which this interpretation can be imposed by any process of construction whatsoever. But there is a provision having in our judgment a totally opposite tendency, which indeed was intended to negative the extra- vagant claim that had recently been made on the part of Russia ; and it is upon this provision that the main part of Mr. Blaine's argument, as I understand it, is founded. The stipulation to which I refer is contained in the Ist Article, and runs as foUcws: — " Article I. It is agreed that the respective subjects of the High Contracting Parties shall not be troubled or molested in any part of the ocean, commonly called tho Pacific Ocean, either in navigating the same, iu fishing therein, or in landing at such parts of the coast as shall not have been already occupied, in order to trade with the natives, under the restrictions and conditions specified in the following Articles." I understand Mr. Blaine's argument to be that if Great Britain had intended to protest against the claim of Russia to exclude ships for 100 miles from her coasts in Behring's Sea, she would have taken this opportunity of doing so ; but that in confining herself to stipulations in favour of full liberty of navigation and fishing in any part of the ocean, commonly called the Pacific Ocean, she, by implication, renounced any claim that could arise out of the same set of circumstances in regard to any sea that was not part of the Pacific Ocean. And then Mr. Blaine goes on to contend that the phrase *' Pacific Ocean " did not and does not include Behring's Sea. Even if this latter contention were correct, I should earnestly demur to the conclusion that our inherent rights to free passage and free fishing over a vast extent of ocean could be effectively renounced by mere reticence or omission. The riffht is one of which we could not be deprived unless we consented to abandon it, and that consent could not be sufidciently inferred from our negotiators having omitted to mention the subject upon one particular occasion. But I am not prepared to admit the justice of Mr. Blaine's contention that the words " Pacific Ocean " did not include Behring's Sea. I believe that in common parlance, then and now, Behring's Sea was and is part of the Pacific Ocean ; and that the latter words were used in order to give the fullest and widest scope possible to the claim which the British negotiators were solemnly recording of a right freely to navigate and fish in every part of it, and throughout its eptire extent. In proof of the argument 89 ttiat the words "Pacific Ocean" do not include Behring's Sea, Mr. Blaine adduces a long list of Maps in whicli a designation distinct from that of " Pacific Ocean " is given to Behring's Sea; either " BeJiring's Sea," or "Sea of Kamsciiatka" or the "Sea of Anadir." The argument will hardly have any force unless it is applicable with equal truth to all the otiicr oceans of the world. But no one will dispute that the Bay of Biscay forms part of the Atlantic Ocean, or that the Gulf of Lyons forms part of the Mediterranean Sea ; and yet in most Maps it will be found that to those portions of the larger sea a separate designation has been given. 'J'hc question whether l)y the words "Pacific Ocean" the negotiators meant to include or to exclude Behring's Sea depends upon which locution was esteemed to be the correct usage at the time. The date is not a distant one, and there is no ground for sus-jrestinir tliat the usaire has changed smce the Anglo-Russian Treaty of 1825 was signed. Tiie determination of this point will be most satisfactorily ascertained by consulting the ordinary books of reference. I append to this despatch a list of some thirty works of tliis class, of various dates from 1705 downwards, and printed in various countries, which combine to show that, in customary parlance, the words " Pacific Ocean " do include Behring's Sea. If, then, in ordinary language, the Pacific Ocean is used as a phrase including the whole sea from Behring's Straits to the Antarctic Circle, it follows that the 1st Article of the Treaty of 1825 did secure to Great Britain in the fullest manner the freedom of navigation and fishing in Behring's Sea. In that case no inference, however indirect or circuitous, can be drawn from any omission in tiie language of that instrument to show that Great Britain acquiesced in the usurp.ation which the Ukase of 1821 had attempted. The other documents which 1 have quoted sufficiently establish that she not only did not acquiesce in it, but repudiated it more than once in plain and unequivocal terms ; and as the claim made by the Ukase .las no strength or validity except what it might derive from the assent of any Power whom it might affect, it results tliat Russia has never acquired by the Ukase .any right to curtail the natural liberty of Her Majesty's subjects to navigate or fish in these seas anywhere outside territorial waters. And what Russia did not herself possess she was not able to transmit to the United States. Her Majesty's Government have, in view of these considerations, no doubt whatever that British subjects enjoy the same rights in Behring's Sea whicii belong to them in every other portion of the open ocean ; but it is, nevertheless, a matter of sincere satisfaction that the President is willivig to refer to arbitration what he conceives to be the matters which have been under discussion between the two (ioveruments for tlie last four years. In regard to the questions as they arc proposed by Mr. Blaine, I should say that as to tlie first and second, no objection will be ofl'ered by Her Majesty's Government. They are as follows : — " 1. V/hat exclusive jurisdiction in the sea now known as the Behring's Sea, and what exclusive rights in the seal fisheries therein, did Russia assert and exercise prior and up to the time of the cession of Alaska to the United States ? "2. How far were these claims of jurisdiction as to the seal fislieries recognized and conceded by Great Britain ?" The third question is expressed in the following terms : " Was the body of water now known as the Behring's Sea included in the i>]irase 'Pacific Ocean,' as used in tiie Treaty of 1825 between Great Britain and Russia, and what rij;hts (if any) m the Behring's Sea were given or conceded to Great ihitain by the said '['reaty ?" Her Majesty's Government would liave no .il)joction to referring to arbitration the first part of that question, if it should be thought desirable to do so ; but they would "•ive that consent with the reservation that they do not admit tliat the decision of it can conclude the larger questions whicii the Arbitrator woidd have to determine. To the latter part of No.' 3 it would be their duty to take exception :— "What rights, if any, in the Behring's Sea were given or conceded to Great Britain by the said Treaty ?" Great Britain has never suggested that any rights were given to her or conceded to her by the said Treaty. All that was done was to recognize her natural rigiic of free navigation and fishing in that as in all other parts of the Pacific Ocean. Russia did not give those rights to Great Britain, because they were never hers to give away. " 4. Did not all the rights of Russia as to jurisdiction and as to the seal fisheries in Behring's Sea cast of the water boundary in the Treaty between the United States and [95] ^ 2 90 Russia of the SOth March, 1SG7, pass unimpaired to the United States under that Treaty ? " This fourth question is hardly wortli referring to an Arbitrator, as Great Britain would he |(re|)ared to accei)t it without dispute. The lifth [iroposed (luestion runs as follows : — " ;"). What are now (ho rij^hts of the United States as to the fur-seal fisheries in the waters of the JJchring's Sea outside of tlie ordinary territorial limits, whether sueh rights grow out of the cession by Rus'^ia of any special rights or jurisdiction held by her in such tislicries or in the walers of 15eliring"s Sea, or out of tlie ownership of the breeding islands, and the habits of the seals in resorting thither and rearing their young thereon, and going out from tlie islands for food, or out of any other fact or incident connected with the relation of those seal lisheries to the territorial possessions of the United States ?" The first clause, " What are now the rights of the United States as to the fur-seal fisheries in tlie waters of the Beiiring's Sea outside of the ordinary territorial limits 'i " is a question which woiihl be very properly referred to the decision of an Arbitrator. But the subsequent clause, which assumes tliat such rights could have grown out of the ownership of the brecdirg islands, and the habits of the seals in resorting thereto, involves an assumption as to the prescriptions o*^' international law at the present lime to which Her Majesty's Government are not prepared to accede. Tiie sixth (luestion, which deals with the issues tliat will arise in case the controversy .should be decided in favour of Great Britain, would perhaps more fitly form the substance of a separate reference. Her Majesty's Government have no objection to refer the general question of a close time to arbitration, or to ascertain by that means how far the enactment of such a provision is necessary for the preservation of the seal species; but any such reference ought not to contain words appearing to attribute special and abnormal rights in the matter to the United States. There is ime omission in these questions which I have no doubt the Government of the President will be very glad to repair; and that is the reference to the Arbitrator of the (piestion, what damages are due to tlie persons who have been injured, in case it shall be determined by him that the action of the United States in seizing British vessels has been without warrant in international law. Subject to these reservations, Her Majesty's Government will liave great satisfaction in joining with the Government of the United States in seeking by means of arbitration an adjustment of the international questions wiiicii have so long formed a matter of controversy between the two Govern- ments. I have to request that you will read this despatch to Mr. Blaine, and leave a copy of it with him should he desire it. I am, &c. (Signed) SALISBURY. APPENDIX. , John. |l Gazcttcci," ,R. •al Gazetteer." ■iiore. " Cnin- i Dictionary." Iraphical liarjr." London, [ell, C. "New fA\\ Gazetteer." Jail, U. "Coni- |m of Geo - 1815. li, J. G. A. ];rapliiselie8 J'buch." 1,1822. Kam.scliiitkii Scm. is n Imgc liraiich n[' tlii! Oriciitnl nr Noilli i'lic.iiir Oreiiii. IWc'i'iiiii's Strnit.s, \vhi''li i.s llii^ ]ias.s;it,'(! fruni tlic. Xortli I'liritic Orcaii to the Arctic Sea. Bcerini^'s JsLiiul. An islaiiil in tlic I'aciiic Ocean. [lJt'liniiL,'',s Island is in llciiiiny'.s ,Sca.] Kamschatka. Bounded cast ami .sdiitli ))y I'ai.'iiic. Kanitscliatka. lioiindi'd (in tlic novlli liy the country ni' the Koriacs, on the ciLst and soutii by the No;th I'aciiic Ocean, and on the west by tlie Sea of (.)kotsk. Beering's Island. In the North I'aciiic Ocean. Beet'iii,i;':< Island. All island in the Xorth I'acitic Ocean. Kaiiitchatka. Itiver, which runs into the North I'aciiic Ocean. Kanitchatka. rensin.siila, bounded on the east ami south by the Noi'til Pacific Ocean. Island.s i". the Eastern or Great J'acilic Ocean : Bhering's Isle. .Stillo.s Meer. Voiii ."i iiurdl. l>r. an bis ziir Heiin^sslra.>jsc aufwailt) .itet.s hot'tige Stllriuo, ehrinp's Strait is at the northern oxtrcniily of Bohring's Sea,] 91 ndcr that at liritain ics ill tbc ucli riglits by lier in breeiling i' tlicreoii, connected le United Stiir riuu. ]i(3oring'.s luliiiul. In the \mtli Piioilio Ocoan, liucriii'''« isliiml. lu lliu I'auitir. lii-Iirlng'.s Ishuul. An island in tlio North I'linific Ocutin. .-,.,. ii'ltwr," Edition lt<2;! Tnl. i, p. 432. "(Jcnfral On/ettirr." L,n„.i,r (i™. k Detroit ill! lichnii;,', (|iii le lait i;oiiiiiiiiiiii|iit'r ii 1 < )ci'iiii (iliicial Austral ii«piiir|ui. Uniiersil," IbiH. Stilli's ArciT. Vom ;!(! .su.llieher r.ivitu his xuni 5 iuV,lli,h.M- liipite wnlimil rs .ImivI, sehi,. M.. Dr. j. c. llciturknt unil htille den naiuen i\v>- .'^tilleii J[cers; von dii iiii his zur l!enii"s.stra.«su isl es heriiireu " <'™i!"iiii"cli«- Sturiiieii untcrworlt'ii. " " .simistisrhv!! Hand- wort«rIiiU'h," HalbiTHtade, 1H2',I, ISeering'.s Island. In the Xnrtli Taeilie Oeeuii, '• Pomiy N.tionid l.il)riiry : Gc(ii,THpl,r anil Gazetteer." IMH llliering's Strait ennnects the Fruzeii Ocenii with ihe i'aiillc. .4rri™>raitii. The Anadir tlnw.s into the I'acitie Oeeaii. " Grammar nf M ni The i)riiieipal .yulfs of Asiatir Itii.-sia are : ihe Cull' i.f .Viiadir, near liheiin.y's .SmiiL ■ the .^ea, of '^"'K™P'''-" '"''• Teujina, and the (liilf of (Ikliotsk, hetweeii Kaiiitchatka and tlie mainland of Ku.'isia— all tiuee in the I'licilic ( >eean. L'Occ'an I'aciliiiue Horeal sV-tend depiiis le Detroit de IJehring jiis(iu'aii tropiciuc de Cancer. " PnVl. do t. GOo. graphii' Uniyerwlle," par Malti'-lirun.Tol.ii, p. 181, £diticm 1833. Le Detroit de I'.ehrin.u. A eonilneiuir |iar ce di'troit, lu (Iraiid Oeean (on Ocean I'acifi(iue) forme Ditto, vol. viii, p. 4. la liiiiite orientalc de I'Asie. Jiehriiiji (Detroit eelehre). II Joint I'Deeaii Clacia! Ardiinn; an (Irand Ocean. Ungloii. "Dk-iion. nainde Geographic.'' 1838. The I'acilic ttrean. Its liounilary-iiiii' is pielly Weil det...'mined hy the adjacent continents, " Penny CjtlcsKdia " wjiicli approach one another towards the north, and at lieiiriiifj'.s Strait which separates thcin, are only ^»*o, iilioiit 30 miles apart. 'Phis .strait nmy'lie considi'red as closing the Tarilic on the north. Behring (Detroit de) a rextreniite iiord-est de I'.Vsie, separe ce Continent dc I'Ameriqiie et " Dicilonnairc iTni. IDcean Cilacial Arctique de I'Ocean rariliinie, »crscl d'lliitoiro et 4e liehring (Mer de). partie de rOcraii racillcpie. M^'Houillrt." Parij, 1842. Dehring (Detroit de). Canal de I'licuan .... iinissant les eaux de I'Ocean Paciliipie a eelles de " Dictionnairo Geo. rOeean Arctin nc. grnphi|nie et Stati.. ' tique, par Adrien Guibert, Paris, 1850. I'acitle Ocean. IJctwcen longitude 71) west and 1l(t° east, that is for a space of over lt,'()° — it " The New American luvers the greater part of the earth's surface, from ]!ehrini;'s Stmits to the Polar Circle, that separates Cjcioiiiedia," ediunl it from the Antarctic Ocean. ^ ^L&K "' New Yo;Ii, 1851. lielu'ing (Detroit du). (.'anal du (iraiid Ocean unissant les eaii.x do I'Ocean I'aciliiiue u celles de "Grand Dictionnaire ll Icean Glacial Arctiiiue. •*'■ ^'^os^pW* U»i- * veraeile, par M. Beacherellc Atne. 4 Tol*. 1835. Uehrhig's Sea, someliines called the Sea of Kamichatka, is that portion of the North I'acilic " imperial Gaietteer," 'li'ean lying between the Aleutian Islands and Uehring's Strait. '*'^- Eehrimi's Island. An island in the .North I'acilic Ocean. Fullarton'a " Ga«ette«» of tb } World." 18S6. IJohring's Strait, whidi connects the I'acilic with the Arctic Ocean, is formed by the approach "CyclopiedUof Geo- i>i the Continents of America and Asia. Knight" isse""''" racitio Ocean. Its extreme southern limit is the Antarctic Circle, from which it stretches McCu'iocVa • Oco- northward through 132 degrees of latitude to Jiehring's Strait, which separates it from the .\rctic f;,^;;^^;' ^;'=^'°"/J■^'' Ocean. 1866. ' " "" celles Parli, 1867. Behriii" CDetroit de\ Canal on bras de mer uuis.sant les ettu.v de 1 Ocean Olacial ArLiiiiue a " Grand Diononnalre 1 VI?' 11 •<• ' Univerael," par .'s de 1 Ocean Pacituiue. jl. pi„„ Labousje. Behring's Strait. The narrow sea between the north-cast part of Asia and the of North America, connecting the North I'acilic with the Arctic Ocean. Bering (Detroit de). Passage ipii unit I'Ocean Glacial Arctiqiic au Crand Ocean. Behring Sea, or Sea of Kamchatka, is that i-art of the North I'acilic Ocean between the .Vleutian l;ippjn;o«;»;a'; amis in latitude 55° north and Behring Strait it. latitude CO north, by which latter it commumcates ^.t^/.^/Jh^j^^'^j'''- Behring's Strait. The narrow sea between the north-east part of Asia and the north-west part ;;E2'°';*''i%3. St. -Martin. "Nou- veau Dictionnaire cie Gcograpbie Uni. vcrselle. ' Paris, 1879. Isli with the Arctic Ocean. Bnrc* tad JokaMon, " CjiioomMt of Owi- graphf. Lonilou ■nil Olwgow, 188U. Brnckhiui' "Connr- Htions I^iicon." Laipilg, 1882. Rittci's"GeoKrapliii«lH Sutiitiflch Lexicon." L«ipii(, 1883. " Pockot Enej'iilo- |iR(liA." Sampson Ix)», 1888. ('lianberB* " Encyclo* pBdia," 1888. Blackie't " Mwlnrn Crclopitdia," 188( Edition. 09 licliring, or Bliuriiig. A strait, 8oa, island, and buy, North Vaciic Uooaii. lieriiig's ?Ieer. Der iiordiJstlicliHto Teil des Stillon Oceaii'.s. lieriiv'sstmsso. Meeruiij,'e dns iiordiistliciisto Kismoer mit dciii Stilluii < tccdu verbindond. lic'hviii;,''s Sua. Xiiitii-cnst piiil nf tlic raiilic lictwciiii A.sia and Aiiiurica. Ileliriii^; Strait couiifCtH tliii I'aciliu with Lint Aii'liu 0''i'aii. licliriiig Sea. A |inrl iif tlic Pacitic iJccaii, coiiiniDiily ktinwii an tlio Sen of Kamchatka. r>(tiiviM;,''s Strait, coiint'tlin^! tliu Nurtli I'acilio wi»h tlio Arctic' Ocean. Beiiring's Sea, sonietinics called tlie Sea of KHiiiclnitka, Ls tliat iiortiun of tlie Xorlli racilic Ocean lying between the Alcntian ].>Z.) ■bindond. nchiitka. orth I'lioilic Ocean Kiel lit the lime as presented by the ;i7th) April, 1824, 11, and the Kussiim idu wore jiositivdy i)f United States' 1st Article of the u'Vours, and creeks coasts 01 Siberia t by the South Sen ere also washed by tion of the I'acilio jrstood and iilaced )uch her coasts and it were presented, ling here upon the hat of the Eussian ig upon the Courts resent the note, ns of Siberia or north ;ads. ; that the Hussian Behring's Sea was lid that Mr. Adams in this view, they jncrs " Kli/.a " and leria, foreign vessels 1 or islands in the a bonudary-line." 1882. Exec. Doc. ations as " a notici', the Russian waters u coast fisheries." 68 the Russian Minister I bars at a drstancc leu CongreH, 2ihI StNini M 8 H •4 i ■ Z <9 S X O " 3 a a 55 I a. a- §: <« 3 9) H S n f n o wl S9 H S n SB o o a s cr m M ° — w ** 2 S' ""