IMAGE EVALUATION
TEST TARGET (MT-3)

///// / V^^

Cf< ^^

1.0 ^Kf Ki
1.25 |U |l.6

r 6" —

— ►

Photographic

Sciences

Corporation

73 WIST MAIN ST«f«T

WIBSTIR.NY. U5«0

(716) 872-4S03

'V-

5^^.

CIHM/ICMH

Microfiche

Series.

CIHM/ICMH
Collection de
microfiches.

Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques

Technical and Bibliographic Notes/Note* tachniques at bibliographiques

The Institute has attempted to obtain the best
original copy available for filming. Features of this
copy which may be bibliographicaliy unique,
which may alter any of the images in the
reproduction, or which may significantly change
the usual method of filming, are checked below.

Coloured covers/
Couverture de couleur

I I Covers damaged/

Couverture endommagAe

□ Covers restored and/or laminated/
Couverture restaurte et/ou peiiiculAe

□ Cover title missing/
Le titre de couverture manque

I I Coloured maps/

Cartes giographiques en couleur

Coloured inic (i.e. other than blue or black)/
Encre de couleur (i.e. autre que bleue ou noire)

□ Coloured plates and/or illustrations/
Planches et/ou illustrations en couteur

□ Bound with other material/
ReilA avec d'autres documents

Tight binding may cause shadows or distortion
along interior margin/

La reliure serrde peut causer de I'ombre ou de la
distortion le long de la marge intirieure

Blank leaves added during restoration may
appear within the text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanches ajo itAes
lors d'une restauratlon apparaissent dans le texte,
mais, lorsque cela Atait possible, ces pages n'ont
pas 6t6 fiimies.

L'Institut a microfilm* le meilleur exemplaire
qu'il lui a At* possible de se procurer. Les details
de cet exemplaire qui sont peut-Atre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la mithode normale de filmage
sont indiqu6s ci-dessous.

I — I Coloured pages/

Pages de couleur

Pages damaged/
Pages endommag6es

□ Pages restored and/or laminated/
Pages restaur6es et/ou peiliculAes

Pages discoloured, stained or foxed/

I I Pages d6color6es, tacheties ou piqu6es

Pages detached/
Pages ditachdes

Showthroughy
Transparence

Quality of prir

Quality indgale de I'impression

Includes supplementary materii
Comprend du materiel supplAmentaire

I I Pages detached/

I I Showthrough/

I I Quality of print varies/

I I Includes supplementary material/

D
D

Only edition available/
Seule Mition disponible

Pages wholly or partially obscured by errata
slips, tissues, etc., have been refilmed to
ensure the best possible image/
Les pages totalement ou partiellement
obscurcies par un feuillet d'errata, une pelure,
etc., ont 6t6 film6es A nouveau de fa9on A
obtenir la meilleure image possible.

Additional comments:/
Commentaires suppl^mentaires:

The title of this item is on the front cover,
and may be too dark to be legible on the fiche.

This item is filmed at the reduction ratio checked below/

Ce document est fiimA au taux de reduction indiquA ci-dessous.

10X

14X

18X

22X

26X

30X

17V

IftX

20X

24X

28X

32X

Tha copy fiimsd hsr« has baan raproducad thanks
to tha ganarosity of:

Library Division

Provincial Archives of British Columbia

Tha imagas appaaring hara ara tha bast quality
possibia considaring tha condition and lagibility
of tha original copy and in kaaping with tha
filming contract spacifications.

Original copias in printad papar covers ara filmad
beginning with tha front covar and ending on
the last page with a printed or illustrated impres-
sion, or the back covar when appropriate. All
other original copies ara filmed beginning on the
first page with a printed or illustrated impres-
sion, and ending on the last page with a printed
or illustrated impression.

The last recorded frame on each microfiche
shall contain the symbol —^ (meaning "CON-
TINUED"), or the symbol V (meaning "END"),
whichever applies.

Maps, plates, charts, etc., may be filmed at
different reduction ratios. Those too large to be
entirely included in one exposure are filmed
beginning in the upper left hand corner, left to
right and top to bottom, as many frames as
required. The following diagrams illustrate the
method:

L'exemplaire film* fut reproduit grAce A la
ginArositA da:

Library Division

Provincial Archives of British Columbia

Les imagas suivantas ont AtA reproduites avac la
plus grand soin, compta tenu de la condition at
da la nattet* de I'exemplaira film«, at en
conformity avac las conditions du contrat da
filmaga.

Las axemplaires originaux dont la couverture en
papier est imprimAe sont filmAs en commenpant
par la premier plat at an tarminant soit par la
derniAre page qui comporte une empreinte
d'impression ou d'illustration, soit par la second
plat, salon la cas. Tous les autres axemplaires
originaux sont filmAs an commen9ant par la
premiere page qui comporte une empreinte
d'impression ou d'illustration at en terminant par
la derniAre page qui comporte une telle
empreinte.

Un des symboles suivants apparaitra sur la
darnidre image de cheque microfiche, selon le
cas: le symbols — »- signifia "A SUIVRE", le
symbols V signifie "FIN".

Les cartes, planches, tableaux, etc., peuvent 6tre
filmis A des taux de rMuction diffArents.
Lorsque le document est trop grand pour dtra
reproduit en un seul cliche, il est film« A partir
de Tangle supArieur gauche, de gauche A droite,
et de haut en bas, en prenant le nombre
d'images n^cessaire. Las diagrammes suivants
illustrent la m^thode.

UlATp

RETURN

(65)

To an Address of the House of Commons, dated the 9th April, 1888 :— For
copies of all papers, correspondence, Orders in Council, and Depart-
mental Orders, not already brought down with reference to : —

1. The refusal of the United States authorities to allow Cana-
dian wrecking vessels and machinery to assist Canadian vessels while
in distress in United States waters.

2. The refusal of the Canadian authorities to allow United States
wrecking vessels and machinery to assist United States vessels while
in distress in Canadian waters.

By Command.

Ottawa, 18th April, 1888.

J. A. CHAPLBA.U,

Secretary of State.

• . CONTBNTS.

faBnirrmrriiTfrr relating to wrecked veseels in waters conterminoaH to Canada

and the United States.

H. A. Heiyar to Lord Lansdowne, No. 17, March 1, 1886.

Lord Lanedowne to Lord Granville, No. 6U, March 6, 1886.
g SirL. West to Lord Lmsdowne, No. 47, April 24, 1 88t>.

Sir R Herbert to do No. lU, April 27, 1886.

Mr. Stanhope to do No. 222, Oct. 15, 1886.

Lord LaosdowM to Sir H. Holland, No. 100, April 2, 18s7.

Sir L. Week to Lord Lansdowne, No. 49, May 27, 1887.
,. Sir R Herbert to do No. 14i, June 11, 1887.

Sir H. Holland to do No. 178, Jnly 1, 1887.

Sir L. Weet to do No. 19, March 28, 1888i

No. 17.
H. A. HeU/ar (HM. ChatgS d'A^ aires) to Lord Lansdoume.

Washinoton, let March, 1886.

Mt Lou>, — I have the honor to forward to Your Excellency herewith a copy of
a note from the United States Government, and also of its enclosure calling atten-
tion to the qnestion p* wrecked vesseld in the waterrt conterminous to the United
States and Canada.

Mr. Bayard sag oets that the adoption of the measure of reciprocity propo»'ed
by the Act of Congi..38 of I9lh .Mfue, 1878, woald remedy existing evih, and pro-
mote the intereete of good neighborhood and humanity, and adds that the Preeidunt
65—1

Pacific N.W. Mi^tn

^rt.

100852

PROVINCIAL. L.I. iiR
VICTORIA, B. C.

cAiA^Y

is deiiroas that thesabjeot may be re-Bobmitted to the oonsidentionof HerMajest;
OoTernmeDt with the hope thai some aoderstandtng may be arrived at

The statument made by Sir £. Thornton in his note to Mr. Seward of 19th
Angant, 1874, was based on a report of the Canadian Privy Ooanoil, forwarded in
Lord Dafferin's deepatoh No. 58, of 16th Aogast, 1878, in whioh it was sUted thai
the sabject woald reoeive consideration before the next Session of Parliament.

A sabseqaent Denpatoh of the Ifarqais of Lome, No. 76, of 22ad November, 1880,
which was oommamoated to the United States Government, bears direetly on tba

a oestioD, for ia the Privy Goancil's report, therein inoiosed, it ia^: stated that tha
lanadian Oastoms Deparlmeot had always carried oat " the principle of reoiprooit j
in faoilitatiog aid to disabled vessels of whatever flag," &a,, &o.

I have tbe honor to ictbrm Tour Excellency that I have forwarded a copy of
Mr. Bayard's note to Her Majesty's Gk>vernment.

I have, &c.,

H. A. HBL7AR, B. M, Ohargi tCAffaUrei^

(In the absence of blr L. S. S. Wist.)

JBis Bzeellenoy the Marqnis of Lanadowne, &c., Ac., fto.

T. F. Bayard to Sir L. B. 8. Wat.

Dbpartiunt of State, WASHuroTON, 26th Febrnary, 1886.

Sib,— On the 16tb of Jaly, 1878, Mr. F. W. Seward, Acting Secretary of Siate,
transmitted to Sir E. Thornton a copy ot an Act of Congress, approved 19th Jane,
1878, entitled : " An Act to aid vessels Wrecked or disabled in the waters coatermin-
oas to the United States and the Dominion of Oanada.'*

Mr. Seward, in sobmitting said Act of Oongross for the information of Her
Britannic Majesty's Government, called attention to the fact that it ooald not talce
effect nntil the President shoald issne a proolamatioQ declaring that reciprocal privi-
leges would be granted to American vessels in Canadian waters, and he therefore
requested that he might at as early a day as might be convenient, be placed in pos-
session of the information necessary to enable this Government to carry the abovt
mentioned Act into effect in acoordanse with its provisions.

Sir £. Thornton, in reply to Mr. Seward's note, on tbe 19th of August, 1878,
statf d that no provieiou had yet been made by tbe Government of the Dominion of
Canada for extending reciprocal privileges to American vessels, but that the sabject
would receive consideration. Here, however, the matter appears to have rested, no
formal reply having ever been made to the proposal communicated to Her Britannio
Majesty's Gtovernment by Mr. Seward. Meanwhile, experience has shown that the
want of the proposed recipiocal arrangement has been the source of much avoidable
hardship to the interests of American commerce on the great lakes, and that Ameri-
can vessels and property have been subjected to great and unnecessary losses and
the lives of our mariners to needless dangers.

It is thought that the adoption of the measure of reciprocity proposed by the
Act of Congress of 19th June, 1878, would remedy the bvils in qaestion as well as pro-
mote the interests of good neighborhood and hiimanity. Tbe President, therefore, is
desirous that the subject may oe re-submitted to the oonsid oration of Her Britannio
Majesty's Government with the hope that some understanding may be arrived at for
the mutual benefit of the important interests concerned.

Enclosing for your use copies of the Act of Congress in question,

I have, &o.,

T. P. BAYABD.
The Hon. Sir L. S. Wmt, K. C. M.G.

[Pnblio— No. 129.]

An Act to aid veesels wracked or disabled in the waters oonterminoas to the United

States and the Dominion of Oanada.

Be it enacted by the Senate and House of Bepresentatives of the United States
of America in Congress assembled, that Canadian vessels of all desoriptionB may
render aid or assiBtanoe to Canadian or other- vessels wrecked or disaoled in th«
waters of the United States contisaoaa to the Dominion of Canada : Provided, that
this Act shall not take effect until proclamation by the President declaring that the
privilege of aiding American or other vessels wrecked or disabled in Canadian watem
oontigaons to the United States has been extended by the Government of the Domin-
ion of Canada and declaring this Act to be in force: And provided further, that this
Act shall cease to be in force from and afcer the date of proclamation by the Presi-
dent to the effect that said reciprocal privilege has been withdrawn or revoked by
the said Governmonl of the Dominion of Oanada.

Approved 19th Jane, 1878.

No. 60.

, Lord Lansdowne to Earl Oranvilli.

Ottawa, 6tb March, 1886.

Mr LoED,— I have the honor to forward hbreirith, for Your Lordship's informa*
tion, a co^ of a despatch which I have received from Her Majesty's Chargd d' Af-
faires at Washington, encloeing a copy of a note lW)m the United States Government,
dated 26th February, in which the Secretary of State draws attention to the Act of
Congress of 19th Jane, 1818, which proposes u meiissi'e of reciprocity between the
United States and Canada, having for its object the aiding of vessels wrecked or dis-
abled in the waters oonterminoas to both countries. This A.ot of Congress has al-
ready been under the consideration of the Dominion Government without, however,
any definite action having been taken with a view to an uadnrstanding with tho
United States authorities on the subject, and Mr. Bayard now states that the Presi-
dent "is deairoQs that the subject may be re-sabmitted to the consideration of Her
Britannic Majesty's Government with the hope that some understanding may b«
arrived at for the mutual benefit of the important interests concerned."

2. I have oaa«od a copy of Mr. Helyar's despatch and of its enclosures to be com*
manioated to my Government for consideration.

I have, (be,

LANSDOWNB.
Earl Granville.

No. 47.

Sir L. S. West to Lord Lansdowne.

WASHWaTON, 24th April, 1886.

Mt Lord, — With reforenoo to Mr. Helyar's despatch, No. 17 of the 1st of March,
I have the honor to eaoloso to Yoxr B tcjillaaoy herowith copy of a. note which I
have reoeivei from the Secretary of Suite expressing the hope that an e:irly and
favorable agreament may be reached in regard to aid to vessels wrecked or disabled
in the watera conterminous to the United State* and the Dominion of Canada.

I ha^e, &o.,

L. S. SACKVILLJB^WBST.
His Excellenoy the Marquis of L^aadowno, G.C.M.G., &o., &o., dbe.
65— li

T. F. Bayard to Sir L. 8. WetU
DiPABTMENT OF Statk, Washinqton, 22n(l April, 1886.

Su, — With reference to my note to you of the 26th off February last on the
sabiect of aid to veBsels wrecked or disabled in the waters oonterminoas to the
United States and the Dominion of Oanada, and to yoar reply of the Ist ultimo, stat-
ins that yon had submitted the matter to the Dominion Gk)vemment for its consider-
ation, I have the honor to state that- the representatives of the American shipping
interests on the great lakes, have just made argent representations to this Depart-
ment tm to the necessity of ariiving at an nnderstandlBg in relation to the matter as
soon as possible, in view of the fact that the season for naviji^ation is again opening.

Hoping that it may be found practicable to reach an early and favorable agree-
ment in regard to this important subject,

I have, &o.,

T. P. BAYARD.
Tke Hon. Sir L. S. Wxst, E.C.M.a, &o., &o. &o.

No. 111.
Bobert G. W. Herbert to Lord Lansdoume.

DowNiMO Stbmt, 2'7th April, 1886.

Mr LoBD, — I have the honor to acknowledge the receipt of your despatch, No.
60, of the 6th ulto., respecting wrecked vessels in the waters conterminous to the
United States and the Dominion of Canada.

I shall be glad to receive an early expression of the views of your Government
on the subject.

I have, &o.,

ROBBRT G. W. HERBERT,

for BabL OaANYILLI.

Qevernor General, the Most Honorable the Marquis of Lauadowne, G.C.M.G., &o.

No. 222.

Edward Stanhope to the Officer Administering the Government of Canada,

DowNiNQ Stbibt, 16th October, 1886.

Mr Lord,— I have the honor to transmit to yon a copy of a letter and of ita
enclosure from the Foreign Office on the subject of extending to American tugs ia
Canadian waters the privileges now enjoyed b^ Canadian tugs in United States waters.

I should be glad to be favored with (ho views oi your Government upon this
point at their early convenience.

I have, Soc,

EDWARD STANHOPE.
The Officer Administering the Government of Canada.

The Foreign Office to the Colonial Office.

FouioN Office, 12th October, 1886.

Sib, — I^am directed by the Earl of Iddesleigh to transmit to yon, to be laid
before the Secretary of State for the Colonies, copy of a note addressed to Her
Majesty's Minister at Washiiagton by the United States Government, enquiring

1886.

iMt on the
ions to the
time, Btat-
B oon8ider<
Bhipping
is Bepart-
matter as
opening,
ble agree-

ARD.

1886.

)atoh, No.
as to the

•Tornment

ILLl.

It.G., Ac.

'a.

1886.

Dd of ifa
n tags ia
>8 waters,
upon this

>PB.

i86.

be laid

to Her

Qqoiring

whether or not Her Majesty'^ Government are willing to extend reoiprooally to
American tags in Canadian waters the privilegea which Canadian tugs now enjoy in
the waters of the United States ; and I am to reqaest that yoa will move Mr. Secre-
tary Stanhope to cause His Lordship to be informed what answer should be returned
to this enquiry.

I am, &o.,

The Under Secretary of State, Colonial Office.

JA3IBS FERGUSON.

Mr. Bayard to Sir L. lF«t.

DiPABTMiNT OF SxATB, WASHINGTON, 24th September, 1886.

Sir, — I have the honor to state for the information of Hor Britannic Majesty's
Giovernment, that, ander a decision by the Treasury Department of the 17t,h of July,
1883, a Canadian tng which towed into the port of Oswe^^o four Canadian bargea, waa
allowed to detach one barge from the rest and, after the birge was laden with coal, to
tow it to any point within the harbor. The Collector of Customs at Oswego was
then informed by the Secretary of the Treasury, " that the penalty of 50 cents
per ton of tte towed vesaels attached to tugs not r.f the United States, by section
4370 of the Kovisod Statutes, far plying within our waters, affects such tugs only for
towing documented vessels of the United States; and that if a foreign tug drops a
tew of foreign vessels and resumes the same in our waters, the penalty in question
does not affect her."

The Treasury Department is informed that a different practice exists in Canadm,
as to the towing of vebsels by American tags whereby the latter are placed at a dis-
advantage as compared with Canadian tugs.

In a letter dated the 28th of July, 1886, the Assistant Commissioner of Customs
at Ottawa, wrote to Messrs. J. K. Post & Co., of Oswego, New York, as follows, in re-
ply to a statement by them that Canadian tugs were allowed to tow Canadian barges
from Kingston to Oswego, Fairhaven, Sodus and Charlotte, viz. :

" We are not aware that the American Government allow any such towing on
the part of Canadian tugs as stated in your letter, it never having been brought to
the attention of this Department that such was permitted. If buch is the case we
would be very glad to have some official notice of the same."

Messrs. J. K. Post & Co., are extensive owners of steam tags in the United States
and desired permission for one of their tugs to proceed to Canadian waters towing
five American canal barges, two of which were to be dropped at Belleville in Canada,
two at Kingston and one at Picton. Permission was refused by the Canadian CaB>
toms aathorities.

The foregoing circamstance makes it proper for me to officially bring to the no-
tice of Her Britannic Majesty's Government the faot that American Collectors of
Customs are accustomed to grant to foreign tugs when towing foreign vessels in oar
waters the privilege of going to and from the different ports in this country and
from one point to another in the harbors, provided the tugs originally towed said
vessels into United States waters.

It is alleged that under the rulings of the Canadian aathorities an American to^p
must cross the lakes several times to accomplish in Canadian watoru what a Canadian
tog can do in ocr waters in a single trip.

A case in point has been reported to the Treasury Department by Joseph
Richards, master of the steam tag, " Wm. Rector," who states that in Jane last he
requested permission of the collector of the port of Toronto to remove a vessel of his
tow from one dock to another to complete her cargo, bus was refused the privilege.

In bringing this snbject urgently to yoar attention, I beg to request you to do
me the favor to inform me as soon as practicable as to whether or not Her Britannic

JiaJMty'a Government ib iivilliDff to extend, reciprocally, to American tags in Cana-
dian tftters the priyilegea wbicb Canadian toga now enjoy in the waters of the
TJniMd SUt s.

I have, &o.,

T. P. BAYARD,
The Hon. Sir L. S. 8. Wist, K.O.M.O., !to.

Sec

No. 100.

Lord Lcmsdmone to Sir H. Holland.

r •; iWA, 2nd April, 1887.

Sib, — With reference to your predecoeeorV despatch, No. 222, oi the IRth October
last, trantmittinff copy of a letter and of its oi .losare from the Foreign OfBoe on the
aabjeot of extending to American togs in Canadian waters the privileges now enjoyed
by Canadian tuffs in United States waters, I have the honor to forward to yoa>
berewitb a certified copy of an approved Scf ort of the Privy Council foi Canada on
the nnbjeot.

I have, &c.,

LANSDOWNB.
Kr H. Holland.

Gbbtiviii) Copn tf a Report of a Committee of the Honorable 1?ie Privy Council,
approved by His Excellency the Governor General in Council on the SUt of March,
1887.

The Committee of the Privy Council have had tnder consideration a despatch

gC7o. 222) dated IMh October, 1886, f rem the Bight Honorable the Secretary of
tate for the Colonies, tranimitting a copy of a letter from the Foreign 0£Bce " on
the subject of extending to American tugs in Canadian waters the privileges now
enjoyed by Canadian tugs in United States waters," enclosing a despatch from the
Hon. T. F. Bayard, Secretary of Slate at Washington, of 24ih September, 1886, ia
which it is a»hed " whether or rot Eer Britannic Majesty's Government is willing
to extei'd reciprocally to American tugs in Canadian waters, the privileges which
Canadian tugs new enjoy in the- waters of the United States ? "

The sub-committee, to whom the qneetiou was referred, are uns^ble to find any
•vidence that Canadian tugs in United States waters have any privileges which
have not been concecied to United Slates tugs in Canadian waters, as will be seen on
reference to departmental insti uctions and Orders in Council hereunto attached
except in the case referred to by the Hon. liir. Bayard in bis despatch of the 24th
September, 1886, to Sir Lionel Sackvillo We&t, British Minister at Washirgton, in
which he states " that the penally of 50 cents per ton of the towed vesifel attached
to tugs not of the \;nii':d States, by section 4,3'iO of the Eeviscd Statutes, for plying
ivithin cur waters, affects such lugs only for towirg documented vessels of the
United States, and that if a foreign tug drops a tow of foreign vessels and resumes
the same in our waters, the penalty in question does not affect her."

The sub-committee state that the privilege covered by this decision has not, the
iospector of Customs of Canada after inr.'Stigation reports, been extended to Cana-
dian tugs when visiting American harbors in the upper ]i;heB of the Dominion.

The snb-committeo interpreting the order above quoted as extending to all har-
bors in the United States situated in Lakes Ontario, Erie, Huron, and Superior, and
on the rivers connecting said lakes, recommend that the regulations governing tug-
ging in Canada be amended so as to extend to American tugs when in Canadian
tvaters the same rights and privileges granted by the United States Government to
Canadian tags ^hen in American waters.

;a in OaDa>

era of the

ABD,

The Committee conoarring in the foregoing, recommend that Toar Excellency
be moved to transmit a copy ot tbJH Minate, if approved, t/O the Right Honorable tho
Secretary of State for the Coloniei.

All which ia reepeotially sobmitted for Toar Ezoellenoy'M approval.

JOHN J. MrGBB, Olerk Privy Gomeil.

1887.

th October
Bee oa the
>w enjoyed
rd to you>
Caoada on

fNB.

ijy Couneil,
of March,

despatch
crolary of
)ffice " on
leges now
I from the
r, 1886, ia
is willing
fs which

find anv
lea which
10 seen on
attached
the 24th
irgton, in

attached
or plying
lis of the

resumes

1 not, the
to Cana-
ion.

all har-
>rior, and
ning tug.
Canadian
iment to

OoVBRNMBNT HoUBI, OTTAWA,

Wednesday, tOth day of November, 1886.

Present :
His Bxobllinot ths Govibnor Gbniral in OounoiIi.

Jii the recommendation of the Mininter of Cnstoms and nnder the authority of
the Sri pub section of the 230th section of the Act of the Parliament of Canada, 46
Victoria, chapter 12, known and cited an '* The Customs Act, 1883." —

Hi4 EToellenc^ \a Council has been pleased to q^der and it is hereby ordered,
that all fort'ign veeeeiM t.'..di2ig on the coast and (VDtoring the harboiu of Canada from
aea or inland waters, shall be, and they are hereby governed by the following rules:

1 . Foreign vessels may trnnspori. cargo and passengnrs nora a foreign port and
land the same at two or more Canadian ports, clearing from each in sucoesHlon until
All of said ci>ii:^o and passeD^crs are landed.

2. Foreign vei^Hels uiay take cargo and passengers from two or more Canadian
ports and transport the same to a foreign port, clearing from each in succession, but
taking final clearance for such foreign port at the last Canadian port which they
enter on sucb voyage.

8. Foreign ves^elR shall not take freight or passengers at one Canadian port and
land the sane at another Canadian port, and the master or owner of any vessel found
to have violated tbiH rule shall be subject to a penalty of 9400 for each such oflfonoe,
and the vetsel may bo detained until the uame is paid.

4. Foreign vosHels bringing cargo or passengurs from a foreign port may, after
landing the same, be permitted to oleav light to another Canadian port fur the pur-
pose of loading cargo for a foreign port, and may clear from port to port to complete
anoh carfi^o, taking final cloaranoe as above.

6. Foreign vesj-ols may tow other vessels or things from a foreign port to a
Canadian port, but if they drop or part from any such vessel or thing in Canadian
watern, they shall not again take such vessel or thing in tow for the purpose of
moving the same further in Canadian waters.

6. Foreign veet-els may tow other vessels or things from a Car adian port to a
foreign port, but having parted from such vessels or things, or ary of Uicra in Cana-
dian waters, they cannot again take such vessels or things in tow to move them
ftt.ther in Canadian waters; hut this aijd the preceding rule aro net to apply to an
accidental parting of snch vessel by breaking hawser or other temporal y damages.

1. Foreign vessels shall be entitled to the foregoing priviloi/os only on condition
of strict compliance with the provisions of the '•Customs Ai-A, 1883," respecting
reporting inwards and outwards on entering and leaving Canadian porta by the
masters of snch vessels.

8. Where vessels bring cargo or passengers from a foreis^n port consigned to
more than one Canadian port, the masters of such vessels must make a full report of
the whole contents at the first port of entry and distingnivh therein ibo itoms to be
there landed and the ports at which ail other items are to be landcl 8uoh report
must be made in duplicate, with an additional copy for each pucceeding vo \ at which
there are goods to be landed ; and the Collector or proper officer of Ctistc ma shall
matk each item in such report with the entry number, if entered, and in caee of any
item landed and placed in sufferance \iF9rehouse without entry, it shall be marked
with the letter " L " in said report ; duplicate copies to be filed at said ' first port of

«ntry, and the others to be carried with the veasel, and one to be filed at each sno-
oeeding port of entry.

9. As required by section 234 of the Act 46 Victoria, chapter 12, before cited,
the fee of 50 cents for each vessel not over 50 tons and $1 if over 50 tons shall be
paid by each saoh vessel on reporting inwards, and the same on obtaining clearance
oatwards, at each port she enters above the port of Montreal.

10. For any violation oi the requirements of these regulations the master or
owner of any snob vessel shall b 3 subject to a fine of $(00, or such other fine or
penalty provided by the Act 46 Yiotoria, chapter 12, before cited, as may be appli*
oable to the case, and the vessel may be detained until such fine or penalty is paid.

11. Vessels fitted for and engaged in the deep sea fisheries are not included in
these regulations.

JOHN J. McGEB, Clerk Privy GounciL

Circular 2io. 375.

Customs Dkpabtmbnt, Ottawa, I7th Noveirber, 1886.

Sib, — deferring to the regulations respecting the rights of foreign vessels in
Canadian waters, approved by Order in Council passed on the lOta inst., copies of
which are mailed herewith to your address, I have to remind you that they do not
-establish any new rule or principle of action, but are intended to secure uniformity
in practice ut all ports, and to prevent the frequent misunderstandings heretofore
Arising on the questions involved. The regulations are in strict conformity with the
rulings of this I)epartment for many past years, and will be found also to accord with
the customs and navigation laws.

I have farther to inform yon that these regulations do not invalidate, or alter is
Any respect, the coasting regulations heretofore in force, as the latter are appropri-
ate to Canadian and British or other vessels which have a right to tbe coasting ti«de
of Canada, had the former only apply to foreign vessels.

I would express the hope that you will carefully study so as to familiarize yoai>-
flelf with thuse regulations, and that you will intelligently enforce their provisionB.

I am, sir, your obedient servant,

J. JOHNSON.
The Collector of Customs, Port of

No. 49.
Sir L. 8, S. West to Lord Lansdowm,

Washinq'a'on, 2':th May, 1887.

Mt LeBD, — With reference to the report of a Committee of the Privy Council
of Canada, approved by Tour EEcellenoy on the ^Ist March last, copy of which was
transmitted to me by the Marquis ot Salisbury for cumraunioation to the United States
Government, I have the honor «o enoloso to Tour Excellency herewith copies of a
Treasury circular which has been issued regulating towing by American and Oani^
dian tugs.

I have, &o.,

L. 8. SACKVILLB WBST.

His Ezoellency the Marquis of Lansdowns, G.C.M.G,, &o.

at each sao«

iafore cited,
ns shall be
ig olearanoa

10 master or
bor fine or
»y be appli-
alty is paid,
iaoladed in

OounciL

r, 1886.

a vessels in
It., copies of
they do not
) nniformity
heretofore
ity with the
accord with

, or alter ia
|re appropri-
lasting trade

liarize yoau
prorisions.

»
NSON.

', 1887.

vy Goanoil
which was
lited States
copies of a
i and Oaniv

i^SST.

Circular. — Towing by American and Canadian Tugs.

TbEASURT DUPAEIMBNT, BuRiAU OF NaVIOATION,

Washington, B.C., 23rd May, IS81.

To Collectors of Castoma on the Northern, North-eaHtern and North western Frontiers

of the United Stateti :

Recent correspondence with the Canadian Government has resulted in an un-
derstanding that the Canadian regulations in regard to the towing of vessels in
Canadian waters and at Canadian ports by American tugs, shall be amended so as to
extend to American tugs when in Canadian waters, " the same rights and privileges aa
are granted to Canadian tugs in American waters." Complaint is made by the
British Minister that the privileges co^ereu by section 4370, Bevisod Statutes, have
not been extended to Canadian tugs when visiting American harbors in the apper
lakes. The law upon the subject is as follows: —

"All steam tug- boats not of the United States, found employed in towing
documented vessels of the United States plying from one port or place in the same
to another, shall be liable to a penalty of dfiy cent*) per ton on the measurement of
every such vessel so towed by them respectively, which sum may be recovered by
way of libel or suit. This section shall not apply to any case where the towing, ia
whole or in part, is within or upon foreign waters. Any foreign railroad company
or corporation, whose rond enters the United Slates by means of a ferry or tug-boat,
may own such boat, and it shall be subject to no other or different restrictions or
regulations in such employment than if owned by a citizen of the United States."

The attention of the Customs officers is invited to the provisions of the statate,
and said officers are hereby insttucted to allow Canadian tugs, when visiting
American harbors of the upper lakes, such privileges as are accorded to them by tho
section .

C. B. MORTON, Commissioner.

Approved :
Hugh S. Thofmson, Acting Secretary .

No. 142.
Robert G, W, Herbert to the Officer Administering the Government of Canada.

DowNiNO Strkit, 11th June, 1837.

Mt Lord, — I am directed by the Secretary of State to transmit to you for com-
munication to your Ministers with reference to his despatch No. 105, of the 4lh of
May, the docamentfi specified in the annexed schedule.

I have, &o.,

KOBBRT G. W. HERBERT.

The Officer Administering the Government of Canada.

Date.

2Dd Jane, 1837.

DeRcription of Document.

Foreign Office to Colonial Office.

Transmits despatch and its enclosures from Minister at Washing loa
respecting towing rights on Canadiau lakes.

1ft

Foreign Office to the^Colonial Office,

FoBiiGN OrFiOB, 2nd Jane, 1887.
So, — I am directed by the Secretary of E^iAte for Foreign Affairs to transmit to

yoa to be laid before Secretary Sir H. Holland with reference to your
letter of 28th April the accompanying despatch and enolosares as marked
in the margin giving correspondence with the United States Gk>vem-
menfe respeoting towing rights on OanadiaVi lakes.

Sir L. Weit,
Ha 1ST.

I am, &o,,

I. V. LISTER.

The Under Secretary of State, Oolonial OflSce.

Sir L. S. West to the Marquis of Salisbury.

Washington, 20th May, 1887.

Mt Lobd,^! have the hoi^or to acknowledge the receipt of Your Lordship's
despatch Ko. '.^9 of this series of the 30tb aitimo and to enclose to Tour Lordship
herewith copy of a note which T addresHcd to the Secretary of State communicating
the Bnbetance of a report from the Privy Council of Canada on the subject of eztend-
ing to United States tugs in Canadian wateis the privileges now enjoyed by Canadian
tags in United ^States waters, as well ae copy of the reply thereto expressing
satisfaction at the recommendation of Privy Council in this respect.

I have, &c.,

L. S* SACK7ILLB WEST.

^e Marquis of Salisbury, K.G„ &o.

ng
in

Sir L. S. West to the Hon. T. F. Bayard.

Washington, 10th May, 1887.

Sib, — With reference to your cote of the 24th of September last in which you
reqorsted to be informed whether or not Her Britannic Majesty's Government is
willirpr to extend reciprocally to American tugs in Caradian waters the privileges
"which Canadian tugs now enjoy in the waters of the United States, I huve the honor
to inform yon that a Sub-Committee of tbe Privy Council of Canada to whom the
qoMtfon was referred has reported as follows :

The Sub Committee are unable to find any evidence that Canadian tugs in United
Stateu waters have any privileges which have not been conceded to United States
tags in Canadian waterr> except in tbe caee provided for under section 4370 of the
Revised Statutes of the United States. Tbe gul>Coramittee ttate however that the
privilege covered by this section has not been extended to Canadian tugs when
visiting American harbors in the upper lakes of the Dominion, but the Sub-Com-
mittee interpreting the section above quoted as extending to all harbors in the United
States f-ituated in Lakes Ontario, Erie, Huron and Superior, and in the rivers con-
necting t-aid lakee>, recommend that tbe icgulations governing tugging in Canada be
amended to as to extend to Ameiican tugs when in Canadi'>n waters the same rights
and privileges granted by the United States Govcrnmeni > Canadian tugs when in
j&.merican waters.

I have, &o.,

L, WEST.
The Hon. T. F. Bayard.

ne, 1887.

transmit to
>noe to your
res as marked
ates Gtovem-

'EB.

ly, 1887.

r Lordship's
ar Lordship
mmanioatioff
ct of ezteii£
by Canadian
expressing

; WEST.

y, 1887.

i which yott
vernment is
le privileges
7Q the honor

whom the

f^ in United
nitod States

1 4370 of the
ver that the

tng8 when
e 8ubCom«
I the United
I rivers con-
Car ada be
same rights
gs when in

^EST.

The Hon. T. F. Bayard to Sir L. West.

DiPARTHKMT 07 Stat>, Wabhinqton, 18th May, 1887.

Sni, — I have the honor to acknowledge with cordial satit faction the receipt oT
yoQi* note of the 10th instant, in which with reference toprevions correspondence on
the Bnhject yon inform me that the regnlations governing tagging in Canada are to
be r.mended bo as to extend to American tngs when in Cana^'an waters the Bam»
rights and privileges granted by the American Government to Canadian tugs when
in American waters.

This Government trasts that the promised amendment of the Canadian regala-
tions may be soon perfected, so that the commerce of the two oonntries on the lakes-
may enjoy the mutaal benefits of the arrangement fully during the present season.

I have, &o.,

T. P. BAYAED.
The Hon. Sir L. S. Wmt, K.C.M.G.

No. 178.

Sir H. Holland to L«rd Lansdoume.

Downing Stbebt, 1st July, 1887.

Mt Lobd,— With reference to my despatch No. 142 of the 11th ultimo, and to
previous correspondence, I have tbe honor to transmit to you, for the information
ofyour Government, a copy of a United States Treasury circular respecting towing
by American and Canadian tng boats, which has been received from Her Majesty's
Minister at Washington.

I have, &o.,

H. T.HOLLAND.
Governor General, The Most Hon. the Marquis of Lansdowne, G.C.M.G.

No. 19.

Sir L. S. West to Lord Lansdowne.

Washimqton, 28th March, 1888.

Mt Lobd, — I have the honor to enclose to Your Lordship herewith copy of a
despatch which I have addreseed to the Marquis of Salibbury based on a private letter
from Mr. Sayard.

I have, &o.,

L. S. SACKVILLB WEST.
His Excellency the Marquis of Lansdowne, G.C.M.G., &c.

Sir L, 8, West to the Marquis of Salisbury.

Washington, 28th March, 1888.

Mt Lobd, — I have the honor to inform your Lordehip that I have received a
private letter from Mr. Bajard referring to correspondence relative to the establish-
xaent of a reciprocal arrangeirent for rendering aid to vessels wrecked in the watera
between the United Slates and Canada upon the terms proposed by the Act of Con<
grees of the 19th of June, 18'!8, and informing me in view of the fact that a Bill is
BOW pending in the Canadiri Parliament relative to this subject, that the President
is ready 1o i^tue the |iroclaination contemplated by the above ment-ioued Act as soon
as he ishall be officially notified of the readinees of Her Majesty's Government to
accept the reciprocal arrangement tendered by the Act in question.

I have forwarded copy of this despatch to the Marquis of Lansdowne.

I have, &o.,
Harquis of Salisbury, K.G.,&o. L. WEST.

CORRESPONDENCE

(65a)

Eelating to the seizure of British vessels in Behring's Sea.

CONTENTS.

Lord Lanadowne to Sir H. Holland, Telegram, 3 Ist Haroh, 1887.
Sir H. Holland to Lord Lanadowne, 23rd April, 18&7.

do do do No. 116, llJth May, 1887.

Sir B. G. W. Herbert to Lord Lanadowne, 27th May, 18S7.
Sir H. Holland to Lord Lanadowne, No. 206, 14th Jaly, 1887.

do do do No. 279, 15th Angaat, 1887.

Lord Lanadowne to Sir H. Holland, No- 326, 19th Angaat, 1887.
Sir H. Holland to Lord Lanadowne, lat September, 1887.

do do do No. 308, lat September, 1887.

do do do I6th September, 1887.

Sir L. Weat do do No. 66, 23 Auguat, 1887.

Lord Lanadowne to Sir H. Holland, No. 338, 27th August, 1887.
Sir H. Holland to Lord Lanadowne, 14th September, 1887.
Lord Lanadowne to Sir H. Holland, Telegram, 23rd September, 1887.

do do do No. 372, 26ih September, 1887.

Sir H. Holland to Lord Lanadowne, 8th October, 1887.
Sir L. Weat do do No. 81, 14th October, 1887.

Lord Lanadowne to Sir H. Holland, No. 403, 20th Ootober, 1887.
do do do No -I'lg, 20th October, 188'/.

Sir H. Holland to Lord Lanadowne, No. ..^S, 20th Ootober, 1887*
do do do 4th November, 1887.

do do do 16th Novem!)er, 1887.

do do do No. 399, 24th November, 1887.

do do do 7th December, 1887.

Lord Lanadowne to Sir Henry Holland, i9th Janoary, 1887.

Hir

Lord Lansdtwme to Sir H. Holland,

Slat March, 1887.

Yeaaela now being htted out for thia year'a trip to Behring's Sea. Owners
«nqaire whether, when not near lai , they may depend upon being unmolested by
United States cruiaers.

Pleaae reply by cable.

LANSDOWNB.

Sir JET. T. Holland to Lord Lanadowne.

Downing Strut, 23rd April, 1887.

WH^My Lord,— With reference to previoua correapondenoe, I have the honor t»
transmit to yoa for communication to your Ministers, oopy of a letter from thtt

roh, 1887.

Sea. Owners
LD molested by

•ril, 188t.

the honor to
iter from tho

f*oreign Office enclosing copies ot two despatches from Her Majesty's Minister at-
Washington on the subject of the Alaska fisheries question.

1 have, &c.,

H. T. HOLLAND.
Governor General, the Most Honorable the Marqais of Lansdowne, G.C.M.G., &0t

From Foreign Office to Colonial Office.

FoKEiQN Offioi, 13th April, 1887.

Sib, — With reference to yonr letter of the 2nd instant, I am directed by the-

Sir L. 8. West, No. 84, Secretary of State for Foreign Affiairs to transmit to yoa, to be

lUreh, 39, 1887. No. 88,' laid before Secretary Sir Henry Holland, copies of two des-

Aprii 3, 1887. patches, as marked in the margin, on the subject of the Alaska

fisheries question.

I am, &o.,

J. PAUNCBFOTE.
The Under Secretary of State, Colonial Office.

Sir L. West to the Marqxds of Salisbury.

Washington, 2cd April, 1887.

Mt Lobb>— I have the honor to inform Yonr Lordship that the Commander of
Hxe United States revenue cutter " Gallatin " has been cited to appear before th»
Admiralty Court in the Boston District to answer to the allegation that in June last
while in command of the United States steamer " Corwin " he took by force from
the American schooner "Sierra" her arms and ammunition at a point in the open
sea thirty miles north of Onnalaska, while she was navigating the waters of the
North Pacific Ocean on a hunting and fishing expedition, tlius breaking up her
yoyage to the damage of the plaintiffs of $22,500.

I have instruoteid Her Majesty's Consul at Boston to watch this case and report
the decision of the court.

I hav^e, &o.,

L. WEST.
The Marquis of Salisbury, E.G., &o.

Sir L. West to the Marquis of Salitbury.

Washington, 29th March, 1887.

Mt Lobd, — I have the honor to report to Your Lordship that the United Statea
Steamship " Thetis " has sailed from New York and will proceed round Cape Horn
and up the west coast to Alaska. It is reported that the Secretary of the Treasury
has received a letter from the Alaeka Commercial Company complaining that private
parties are taking seals in the waters about Alaska, and asking for more revenue
cutters to be sent for their protection. The oompa.'>v farther ask that the United
States Government should prohibit all killing of seals within the eastern half of
Behring's Sea, or from a point beginning at Behring's Straits and passing from the
north-west end of St. Lawrence Island in a south-westerly direction to the island of
Alton at the extreme westerly point of the Aleutian Archipelago.

I nave, &c ,

L. S. S. WEST.
The Marquis of Salisbury, E.G., &c.

No. lis.

Sir H. T, Holland to Lord Lansdowne.

Downing Stbekt, 12th May, 1887.

Mt LoBD, — I have the honor to transmit to you, for oommnnioation to yonr
Ministers, ^itb reference to previous correspondence, a copy of a letter from the

l/T

Foreign Offioe, enoloaiag a copy of a dospatoh fr >in Her Majesty's Minister at Wash-
ington, respecting the seizare of British vessels engaged in seal fishing in Behring'a
Sea U\st aotamn.

I have, &0.

H. T. HOLLAND.
Goveriiior General, the Most Honorable the Marqais of Lansdowne, G.O.M.Gr.

[Endosnre No 1.]
The Foreign Office to the Colonial Office.

FoKiiON Ofviob, 5th May, 188T.

Sib, — With reference to the letter from this offioe of the 15th altimo, I am di-
rected by the Marqais of Salisbary to transmit to yoa, to be laid before secretary Sir
Henry Holland, a copy of a despatch, No. 97, dated 13th April, 1887, with its
enclosures from Her Majesty's Minister at Washington, relative to the question of
the seizure laot autumn in Behring's Sea of three British schooners engaged in seal
fishing.

Copies of the laws of the United Statos relating to Alaska to which referenee ia
Tide n. S. Btotntes r« made in Mr. Bayard's note of the I2th ultimo to Sir L. West, are
Alaska, sec. 1956-1971. also enclosed.

I am, &c.

P. W. CUKRIB.
The Under Secretary of State, Colonial Office.

[Bneloaora No. 2.J

Bir L. 8. Wat to the Marquis of Salisbury.

Washinoton, 13th April, 1887.

Mt Lokd, — With reference to Your L')rdship's telegram No. 7 of 2nd instant, I
have the honor to encloBe to your Lordship, herewith, copy of a note which I ad-
dressed to the Secretary of State, as Wdll as copy of reply tiiereto, stating that the
records of the judicial proceedings in oases of the British vessels seized in Behring's
Sea, were received at the State Ddpartmeat on Saturday last, and are now under
examination ; and thct the remoteness of the scene of the fur seal fisheries has delay-
ed the Treasury officials in framing appropriate regulations, and issuing orders to tha
United States police vessels, which information I had the honor to telegraph to
Your Lordship this day.

I have, &«.,

L. S. WEST.
The Marquis of Salisbury, ILG., &o., &o., &o.

[Eaclosara No. 3.]
Sir L. S. We»t to Mr. Bayard.

Wabhinqton, 4th April, 1887.

Sir, — In view of the approaching fishing season in Be*^ ring's Sea, and the fitting
out of vessels for fishing operations in those waters, Her Majesty's Government harve
requested me to inquire whether the owners of such vessels may rely on being un-
molested by the cruisers of the Uaited Scates when not near land.

Hor Majesty's Government are also desirous to know whether the documents
referred to in your nolo of 3rd February last, connected witti the soi zure of certain
British vessels beyond the three-mile limit, and legal proceedings connected therewith,
have been received, and I have the honor, therefore, to request you to be good
enough to enable me to reply to their inquiries on the part of Her Majesty's Govern-
ment with as little delay as possible.

I have, &c.,

L. S. WEST.
The Hon. T. F. Bayard, &o., &o., &c

iniBter at Wasli-
ng in BehriDg's

:OLLA.ND.
,O.M.Gr.

May, 1887.

iltimo, I am di-
ire secretary Sir
, 1887, witb its
the qnefltion of
engaged in seal

ioh referenee is
3ir L. West, are

. CUBSIB.

A-pril, 1887.

of 2Dd instant, I
lote which I ad-
itating that the
Bed in Behring'a

are now ander
lerioB hau delay-
ng orders to the

to telegraph to

J. WEST.

A.pril, 1887.

, and the fitting
>7ernment hanra
)ly on being an-

the docamenta
lizare of certain
eoted therewith,
yoa to be good
Majesty's Govem-

WE3T.

[Boclosaie Vo. 4.]
I Mr. Secretary Bayard to Sir L. Went.

DiPAKTMiNT OF Statb, Washinoton, 12th April, 1887.

Sn, — I have the honor to acknowledge yoar note of 4i.h instant, relative to the
fisheries in Behriag's Sea, and inquiring whether the docamonts referred to in mv
note of 3rd February, relating to the cases of seizure in those waters of vesaela
charged with violating the laws of the United States regulating the killing of for
seals, had been received. The records of the judicial proceedings in the cases in thtt
Diatrict Coart in Alaska referred to were only roceived at this department on Satur-
day la-^t, and are now nnder examination.

The remoteness of the scene of the fur seal fisheries, and the special peculiarities
<^that indostry, have unavoidably ddlayed the Treasury officials in framing regula-
tions and issaing orders to United States vessels to police the Alaskan waters for the
protection of the fur seals from indiscriminate slaughter and consequent speedy
extermination.

The laws of the United States in this behalf are contained in the Revised
St-itutes relating to Alaska, in section 1956-1971, and have been in force for upwards
of 17 years, and prior to the seizures of last summer but a single infraction is known
to have occurred, and that was promptly punished.

The question of instructions to Government vessels in regard to preventing thtt
indiscriminate killing of fur seals, is now being considereJ, and [ will inform you at
the earliest day possible what has been decided, so that British and other vessels
visiting the waters in question can govern themselves accordingly.

Hon. Sir L. Wbst, ko., &o., &o.

I have, &Q.,
T. F.

BAYARD.

ANNEX.

Chaftkb III.

Provisions relating to the Unorganized Territory of Alaska.
Seetioa.
1^54. Cnatoms, &c., laws extended to Alaska.

1955. Importation of fire-arms and distilled spirits may be prohibited.

1956. Killing of fur-bearing animals prohibited.

1957. What courts to have juriudiction of offences.

1958. Remission of fines, &().

1959. ^int Paul and Saint George Islands declared special reservations.

1960. Killing of seal upon them prohibited except in certain months.

1961. Killing of certain seal prohibited.

1962. Limit to number of seals to be killed.

1963. Right to take seal may be leased.

1964. Bond.

1&65. Who may lease.

1966. Covenants in lease.

1967. Penally.

1968. Penalty upon leases.

1969. Tax upon seal skins.

1970. Lease may be terminated.

1971. Lessees to furnish copies to masters of their vessels.

1972. Certain ceotions may be altered.

1973. Agents and assistants to manage seal fisheries.

1974. Their pay, &c.

1975u Not to be interested in right to take seals.

1976. Agents may administer certain oaths and take testimony.

rihi'>Gii9#!.'<i'1

1 1

Seo 1954. The laws of the United States relating to oastoms, commerce, and
navigation, are eztendfld to and over all the mainland, islands, and waters of the
terriiory ceded to the United States by the flmperor of Rnssia by Treaty oonoladed
at Washington on the 3oth day of llaroh, A.D. 1867, so far as the same may be
applicable thereto.

Sec. ll>55. The President shall have power to restrict and regalate or to pro-
hibit the importation and use of fire-arms, ammunition, and distilled spirits, into and
inthin the Territory of Alaska ; the exportation of the same from any other port
or place in the United States, when destined to any port or place in that territoir^
and all such arms, ammanition, and distilled spirits, exported or attempted to be
exported fVom any port or place in the United States and destined for such Terri-
tory, in violation of any regulations that may be prescribed under this section, and
all such arms, ammunition, and distilled spirits, landed or attempted to be landed or
used at any port or place in .the territory, in violation of such regulations, shall be
forfeited ; and if the value of the same exceeds $400 the vessel upon which the
same is found, or from which they have been landed, together with her tackle,
apparel and furniture, and cargo, shall be forfeited ; and any person wilfully violating
snob regulations shall be fined not more than $500, or imprisoned not more than
six months* Bonds may be required for a faithful observance of such regulations
from the master or owners of any vessel departing from any port in the United
States having on board fire-arms, ammunition, or distilled spirits, when such vessel
is destined to^any place in the territory, or if not so destined, when there is reason-
able ground of suspicion that such articles are intended to be landed therein in
violation of law ; and similar bonds may also be required on the landing of any such
articles in the territory from the person to whom the same may be consigned.

Sec. 1956. No person shall kill any otter, mink, marten, sable, or fur-seal, or
other fur-bearing animal, within the limits of Alaska Territoiy, or in the waters
thereof; and every person guilty thereof shall, for each olfence, be fined not less
than $200 nor more than $1,000, or imprisoned not more than six months, or
Itoth ; and all vessels, their tackle, apparel, farnitare, and cargo, found engaged in
violation of this section shall be forfeited ; but the Secretary of the Treasury shall
have power to authorize the killing of any such mink, marten, sable, or other fur-
bearing animal, except fur-seals, under such regulations as he may prescribe ; and it
i^all be the duty of the Secretary to prevent the killing of any fur-seal, and to pro-
Tide for the execution of the provisioDS of this section until it is otherwise provided
by law ; nor shall he grant any special privileges under this section.

Sec. 1957. Until otherwise providea by law, all violations q^ this chapter, and
of the several laws hereby extended to the Territory of Alaska and the waters there-
of, oonamlttod within limits of the same, shall be proaecutod in any district court of
the United States in Oalifornia or Oregon, or in the district courts of Washiogtoa ;
and the collector and deputy collectors appointed for Alaska Territory, and any per-
son authorized in writing by either of them, or by tlje secretary of the Treasury,
shall have power to arrest persons and seize vessels and merchandize liable to fines,
penalties or forfeitures under this and the other laws extended over the territory,
and to keep and deliver the same to the marshal of eome one of such courts ; And
such courts shall hAve original jurisdiction, and may take cognizance of all cases
arising under this Act and the several laws hereby extended over the territory, and
shall proceed therein in the same manner and with the like effect as if such oases
had arisen within the district or territory where the proceedings ar.-^ brought.

Seo. 1958. In all cases of fine, penalty or forfeiture embraced in the Act approved
the 3rd March, 1797, ch. 13, or mentioned in any Act in addition to or amendatory
of auch Act, that have occurred or may occur in the collection district of Alaska, the
secretary of the Treasury is authorized, if, in his opinion, the fine, penalty or forfei-
ture was incurred without wilful negligence or intention of fraud, to ascertain the
facts in such manner and under such regulations as he may deem proper without
regard to the provisions of the Act above referred to, and upon the facts so to be^
ascertained he may exercise all the power of remission conferred upon him by that

s, oomm«roe, and
)d waters of the
Freaty ooooladed
le same may be

l^late or to pro-
I Bpirits, into and
n any other port
D that territory,
attempted to be
)d for such Terri-
this seotioD, and
1 to be landed or
[olations, shall be
upon which the
with her tackle,
wilfully violating
d not more than
such regulations
trt in the United
when saoh vessrt
Q there is reason*
landed therein in
iding of any snoh
ooDsigned.
»le, or far-seal, or
or in the waters
fined not less
six months, or
iQnd engaged in
a Treasury shall
Die, or other fur-
prescribe; and it
-seal, and to pro-
herwise provided
t.

this chapter, and
the waters there-
district oourt of
i of Washiogtoa ;
>ry, and any per-
il the Treasury,
ise liable to fines,
ver the territory,
Boch courts ; and
sance ot all oases
ihe territory, and
t as if such oases
:) brought,
the Act approved
to or amendatory
iot of Alaska, the
penalty or forfei-
, to ascertain the
a. proper without
the facts so to b&
ipon him by that

Act, as fully as he might have done had each facts been ascertained under and
according to the provi^iuns of that Act.

Sec. l'.)59. The i^landH of Saint Paul and Saint George, in Alaska, are declared a
special reservation for Government purposes ; and until otherwJHe provided by law
it shall be unlawful for any person to land or temain on either of thone islande, except
by the authority of the Secretary of the Treasury ; and any person found on either
of those islandd, contrary to the provisions hereof, thall bo summarily removed; and
it shall be the du'y of the Secretary of War to curry this section into effect.

Sec. 1960. It shall be unlawful to kill any fur-Beal upon the lel&nds of Saint
Paul and Snint George, or in iho waters adjuent thereto except during the months
of June, July, Soptomber, and October in etich year ; and it shall be unlawful to kill
such sealH at any lime by the uho of firearmH, or by other means tendirg to drive the
seals away from those iulands ; but the nativcn of the it-Iacds shill b&vu the piivilege
of killing such young Heals as may bo ne(;e(«88ry for their own food acd clothing
during other months, and also such old seaU as may be required for their owu cloth-
ing, and for the manufacture of boats for their own use ; and the killiner in puch cases
shall be limited and controlled by such regulations as may be presci ibod by the Sec-
retary of the Tnasury.

St'o. 1961. It shall bo unlawful to kill any fomalo seal, or any seal losi^ than one
year old, at any Heafon of the year, except aw above provided ; atd it i-hall alto bo un-
lawful to kill any fi<ul in the waters adjacent to the Isisnds of Suint Paul and Saint
George, or on the beacbei!>, olifTs, or rocks where ihey haul up from iho sea to romain ;
and every penon who violatrs the provisions of th s or the preceding tectirn
shall be pnniphed for each ofTence by a fine of not less than $;0() nor more than
81,000, or by imprisonment not mora than six motith-^, O" ty both buch fine
and impritonnieLt : aid all vosEels, their tackle, appaiel, and furniture, whoto crews
are found engaged in the virilaiion of either this or the preceding t^eciion, shall bo
forfeited to the United States.

Sec. ]9fi2. For tho j eriod of twenty years from tho 1st July, 1670, the
number of fur feala which may bo killed for their skins upon the Ibland of Saint Paul
is limited to 75,000 per annum ; and the number of fur-nals which may ha killed for
tbeir skins upon tho Ibland of Saint George is limited to 25,000 por annum ; but the
Secretary of the Treasury msy limit the right of killing, if it becomes necetsary for the
preservation of such teals, with such propoi tionato reduction of tho rents reserved to
the Government as may bo proper ; and every person who knowingly violates either
of the provisions of this section shall be punibbed as provided in the preceding section.

Sec. 1963 When tho lease heretofcro made by the secretary of the Treasury to
*' Tho Alaska Comm^rciiil Company," of tho right to engage in taking fur-seals on
the islands of Saint Paul and Saint George, pursuant to the Act of the Ist July, ch.
189, or when any ftiture similar loafe expires, or is surrendered, forfeited or termi->
nated, the secretary shall lease to proper and rt sporsible parties, for the best advan<
tage of the United States, having duo regard to the interests of tho Government, the
native inhabitants, their comfort, main'enance and (ducation, as well as to the inter-
ests of the parties heretofore engaged in t'ade and the protection of the fisheries, the
right of taking fur-seals on the islands herein named, and ot sending a vessel or ves-
sels to the islands for the shins of such beals, for the toim of twenty years, at an
annual- rental of not less than $50,000, to be reseived in such lease and secured
by a deposit of United States bonds to that amount ; and every such lease shall be
duly executed in duplicate, and shall not be trantsferable.

Sec. 1964. The Secretary of the Treasury shall take from the lessees of such
islands in all cases a bond, with securities, in a sum net less than $500,000
conditioned for the faithful observance of all the laws and requirements of congress,
and the regulations of the Secretary of the Treasury touching the taking of fur seals
and the disposing of the same, and for the payment of all taxes and dues acctuing to
the United States connected therewith.

Sec. 1965. No persons other than American citizens shall be permitted, by lease
or otherwise, to occupy the islands of Saint Paul and Saint George, or either of them,

(5-2

for the purpose of takin;;^ the akioB of fur-neals therefrom, nor shall any foreign veasels
be engaged in taking Buuh skins ; and tho Secretary of the Troasary shall vacate and
declare any lease forfeited if the same be held or operated for the use, benefit or
advantage, directly or indirectly, of any persons other than American citizens.

Sec. 1966. Every lease shall contain a covenant on the part of the lesHoe that he
will not keep, Hell, lurniBh, give or dispose of any distilled spirits or spirituous liquors
on either of those islands to any of the natives thereof, nuoh person not being a
physician and furnishing the same for use as medicine; and every revenue officer,
officially acting an such on either of the islands, shall seizo and destroy any distilled
or spirituous liquors lound thereon ; but >juch officer shall make detailed reports of
his doings in that matter to the olleotor of the p)rt.

Sec. 1967. Every person who kills any fur seal on either of those islands, or in
the waters adjacent thereto, without authority of the lessees thereof, and every person
who molests, disturbs, or interferes with the leasees, or either of thorn, or their agents
or employees, in the lawful prosecution of their business, under the provisions ot thi»
chapter, shall lor each offence be punished as prescribed in section 1961 ; and all
vessels, their tackle, apparel, appurtenances, and cargo, whodo crew4 are found engaged
in any violation of tho provisions of sections 1965 to 1968, inclusive, shall be forfeited
to the United States.

Sec. 1968. If any person or company, under any lease herein authorized, kown
ingly kills, or permits to be killed, any number of seals exceeding the number for
each island in this chapter presoribed, such person or company shall, in addition to
the penalties and forfeitures herein provided, forfeit the whole number of the skins
ol seals killed in that year, or, in case the same have been disposed of, then snob per-
Bon or company shall forfeit the value of the same.

Sec. 1969. In add tional to the annual rental required to be reserved in every
lease, as provided in section 1963, a revenue tax or duty of 2 dollars i^ laid upon each
lur seal skin taken and shipped from the Islands of Saint Paul and Saint George,
during the continuance of any lease, to be paid into the Treacury of the United States ;
and the Secretary of the Treasury is empowered to make all needful regulations for
the collection and payment of the same, and to secure the comfort, maintenance, edu*
cation, and protection of the natives of those is!»,nds, and also to carry into full effect
all the provisions of this chapter except as otherwise prescribe!

Seo. 1920. The Secretary of the Treasury may terminate any lease given to any
person, company, or corporation on full and satisfactory proof of the violation of any
of the provisions of this chapter or the regulations established by him.

Seo. 1971. The lessees shall furnish to the several masters of vessels employed
by them certified copies of the lease held by them respectively, which shall be pre-
sented to the Government revenue officer for the time being who may be in charge
at the islands as the authority of the party for landing and taking skins.

Seo. 1972. Congress may at any time herf after alter, amend or repeal sections
from 1960 to 1921, both inclusive, of this chapter.

Sec. 1973. The Secretary of the Treasury is authorized to appoint one agent
and three assistant agents, who shall be charged with the management of the seal
fisheries in Alaska, and the performance of such other duties as may be assigned to
them by the Secretary of the Treasury.

Sec. 1974. The agent shall receive the sum of 810 each day, one assista'nt agent
the sum of 88 each day, and two assistant agents the sum of 86 each day while so
employed ; and they shall also be allowed their necessary travelling expenses in
going to and returning from Alaska, for which expenses vouchers shall be presented
to the proper accounting officers of the Treasury, and such expenses shall not exceed
in the aggregate 8600 each in any one year.

Sec. 197;). Such agents shall never be interested, directly or indirectly, in any
leade of the right to take seals, nor in any proceeds or profits thereof, either as owner
agent, partner or otherwise.

Seo. 1976. Such ngents are empowered to administer oaths in all cases relating
to the service of the United States, and to take testimony in Alaska for tho use of
the Government in any matter concerning the public revenues.

oroign vessels
ill vacate and
ise, benefit or
litizgns.
lohNoe that he
itaouB liqoors
not being a
?enae officer,
any distilled
od reports of

islands, or in
every person
their agents
isions ot this
9»1; and all
)und engaged
I bo forfeited

orized, kown
e number for
addition to
of the skins
len saoh por-
ted in every
d upon eaoh
aint George,
lited States ;
^ulations for
enanoe, eda>
to fall effect

^ivon to any
ationof any

Is employed
shall be pre-
)e in charge

peal sections

t one agent
< of the seal
i assigned to

li slant agent
lay while so
expenses in
)e presented
[ not exceed

ictly, in any
ler as owner

ises relating
•r the ase of

I Sir It, Q. W. Herbert to the Officer Administering the Oovernment of Canada.
DowNiNQ Strmt, 27th May, 1887.

My Lord, — I am directed by the Secretary of State to transmit to you for com-
manioation to yoar Ministers with reference to previoas correspondence the docu-
ments specified in the annexed schedule.

I have, &o.,

R. G. W. HERBERT.
The Officer Administering the Qovornraont of Canada.

Deacription of Document.

Sir L. S. S. West to Foreign Office,
The seiz'Tes in fiehring'a Sea.

The Fore'gn Office to the Colonial Office.

Foreign Offios, 19th May, 1887.

Sir, — I am directed by the Secretary of State for Foreign Affairs to transmit to
you, to be laid before Her Majesty's Secretary of State for the
Colonies, copy of a despatch, as marked in the margin, from Her
Majesty's Minister at Washington, relative to the seizures in

BirL. Weit, No. 113,
May 6, 1887.

Behring's Sea.

The Under Secretary of State, Colonial Office.

I am, &.O.,

J. PAUNCEFOTE.

Sir L. West to the Marquis of Salisbury.

Washington, 6th May, 1887.

Mt Lord, — With reference to my despatch No. 88, of April 2nd last, I have th©
honor to inform Your Lordship that the case of the owners of the American ships
seised for sealing in Behring's Soa, against the captain of the United States cruiser
I" Corwin," has been postponed until the Government is prepared for the defence.

I have, &o.,

L. S. WEST.
The Marquis of Salisbury, &o., &c., &c.

No. 206.

Sir E. Molland to Lord Lansdowne.

Downing Street, 14th July, 1887.

Mt Lord, — I referred to the Secretary of State for Foreign Affairs a copy of
Your Lordship's despatch, No. 169, of the 21st of May last, enclosing a copy of an
approved report of your Privy Council, respecting the action of the United States
authorities towards British subjects, in connection with the seizure of Canadian
sealing ^chooneib in fiebring Sea.

I now enclose, for communication to your Government, a copy of a letter
received from the Foreign Office in 'eply, from which it will be seen that th«v
Marquis of Salisbury is of opinion that it will be desirable, before any further repre-
sentations are made ;to the United States Government, with a view to obtaining
reparation, that Her Majesty's Government should be in possession of the record of
66-2J

the jadioial prooeedings in the DiBtriot Court in Alaalca, and that inatruotions have
been nent by telegraph to Sir L. Vfoht.

Ton will be ho good an to transmit to me a copy of any printed papers whiob
have been laid before the Parlianaent of the Dominion on this Habjccl,

I have, (bo,,

H. T. HOLLAND.
Governor General,

The Most Honorable the Marquia of Lanisdowno, G.CtM.Q., &o., &o., fco.

[Bacloiure No. l.j
The Foreign Office to the Colonial Office.

FoRtioN Offioi, 8th July, 1887.

Sir, — T am directed by the MarquiH of Salisbury to acknowledge the receipt oi
your lette' >f the 27th altimo, relating to the case of .ae seizure of certain British
vessels w i engaged '\a seal fishing last autumn in Behring's Sea.

Inn-, , I am to request that you will state to Sir 11. Holland that in Lor
Salisbury's opinion it is very dusirhble that before any further representations are
made to the United States (tovernmont w a a view to obtaining reparation, Her
Majesty's Government should be in ponseHHion of the records of the judicial proceed
ings in the L>i!>triot Court in Alaska, and instructions have been sent by telegraph tc
Sir L. West, directing him to request that ho may befuroishnd with these document
by the United States Government for the use ol Her Majesty's Government.

1 am further to request that this Department may bd supplied with a copy ol
the papers which nuve been laid before the Cioadian Parliament in regard to thi.'-
question.

I am, &o.,

J. V. LISTEK.
The Under Sjcretary of State, Colonial Office.

Sii
aandoi
)oluml
rosHol
lislanc
evorui
It
aken
States
ruary
that "
e inv(
ion fo
ofcrr?
1

,B to t

eizuro
Y
lew
uat, tl
be go
made

279

Sir U. T. Holland to Lord Lansdowne,

Downing Stbekt, 15lh August; 1887.

My Lobd, — I have the honor to transmit to you, for communication to yonr
Ministers with leforence to previous corronpondenoe, copy of a loltor from the
Foreign Office, enclosina: copies of two despatches which have been addressed to Hei
Majesty's Minister at Washington, respecting the seizure of British scaling scho mere
in Behring Sea by an American revenue vesHoI.

I have, &c.,

H. T. HOLLAND.

Governor General, the Most Honorable lao Marquis of Lansdowne, G.C.M.G., &o.

(.Bncloaure No. 1.]
Foreign Office to the Colonial Office.

FoRBioN 0pp:ck, 12th August, 1887.
SiR,~With reference to your letter of 28th July last, I am directed by th(
Marquis of Salisbury to transmit to you for the information of Sir H. Holland, copict
of two despatches, Nos. 193 and 194, 10th instant, which have been addressed to Hei
Majesty's Minister at Washington in regard to the seizure of British sealiD
schooners in Behring Sea by the United States authorities.

I am, &o.,

J. V. LESTER.
The Under Secretary of State, Colonial Office.

ultimc

the d

"Onw

these

Court,

them.

fall re

vlotioi

when

of the

Amer

whet]

made

theO

regar

oerne

woulc

these

MajeB

[Bncloiure No. 3.]
The Marquis of Salisbury to Sir L, Weit,

Foreign Office, lOlh AaguBt, 1887.

Sis, — I bavo to inform you that a tolograra has boon roooivod from tbo Com'
DandorinChiof of Her Majosty'H Naval Foicos in the Paoitio, datod Viotoria, biitiuh
^lolumbitt, on the 7'.h instant, from which it appearn that an American r.<venae
roHHoi had Boizod throe more Britirth Columbian neaiin^ BohooDors when a long
iiHtanco from land, and that thoy had boon taken tu Sitka, lie further Btatcd that
levoral other voHeels in sight frnm Sitka were bing towed in.

It will bo within your recollection that in the correHpondence which has recently
aken place in regard to the previous tsoiKurL>B of three BritJHh vobhoIh by the United
StatOB revenue cruiHor "Corwin, " Mr. Uayard Btated in a rote datod ILo ;>rd Fob-
•uary (a copy of which accompanied your denpatch No. 3-t of the following day),

.uau VTiktiuub wiiv;iuniuu dc luin iiijjo ui \iay ui any i[ui:ai,iu[in nruiuu may uv k^uuu lu

i>e involved in thoNo ca-oB of Beizaro, orders have boon inBiied by thePreBidenl'ddireo-

ion for the discontinuance of all pending prooeodinge, the discharge of the vesselB

efcrrerl to, and the release of all porsonH under arrest in connection therewith."

' ronarat' Ff ^ request that you will at once communicate with the United States Government

iudi -ial '°"' L ^^ ^ ^^° nature of tho information which ha-t reached them ia regard to the-io further

t i^^\ I P''°°f®' ieizures of British vessels by the United States authorities.

t by telegraph tc v „:ii „» .u .x *u„. «„_ »*..:„„..... n . u...i „„, a .„

land that in Lorl
presentations an

those d *,'"'''' ^^ You will at the same time say that Hor Majesty's Government hud as^nmed, in

brnmont^^"*™**^ *^'®'' °'^^'**' *'^*°''*°'^® ^"^"^^y^®*^ *•** ^''^ '"^ ^^' ^^^J'*"'d'8 note of tho 3rd February
aat, that pending a conclusion of the discussion between the two Governments on
he general question involved, no further similar soizureB of British voBsels would bo
ade by order of tho United States Government.

3d with a copy ol|
in regard to thirr

&o.,

V. LISTEK.

I am, &c.,

SALISBURY.

LUguBt. 1887.

unication to your'
letter from the;
addressed to He! =
lealing scho jnert

HOLLAND.
G.C.M.G., &o.

uguat, 1887.

directed by th(
[. Holland, copicf;
addressed to Hei

British tjealins:

T. LESTER.

[Enclosure No. 3.]

Ihe Marquis of Salisbury to Sir L. S. West.

Foreign Office, 10th August, 1887.

Sir,— I have to acknowledge the receipt of your despatch. No. 19(5, of the 12th
lultimo, encloBing printed copies of the records in the United States District Court for
the dietriot of Alaska, in the casca of the British Columbian sealing schooners
" Onward, Carolina and Thornton."

I should bo glad if you would inform me whether the owners or masters of any of
these vestjols have entered an appeal against the judgments delivered by the
Court, and whether, if they have not already done so, such a course is still open to
them.

It is also desirable that Her Majesty's Government should be fuinished with a
full report of the proceedings at the trials of tho masters which resulted in their con-
viction and sentence to imprisonment and fine,

I have further to request that yon will endeavor to ascertain and report to me
when it is probable that the appeals referred to in your despatches Nor. 88 and 113
of the 2nd April, 1887, and of the 6th May, 1887, respectively, of tbo owners of the
American ships which were seized on similar grounds, will come on for hearing, and
whether any arrangement has been or can now, in your opinion, ndvantageously be
made between tho owners of the British and American vessels on tho one side and
the Government of the United States on the other, that one of these cases should be
regarded as a test case, by which, in so far as the American legal tiibunals are con-
cerned, there laining casoB might be held to be concluded.

It must, iiowever, be clearly understoad that any such arrangement, if made,
would only affect the legal remedies which were open to the masters and owners of
these vessels in the American co'...rt^, and would in no degree limit the right of Her
Hajesty's Government, after all Buch^legal remedies were considered to be exhausted

\¥

to intervene through diplomatic ohannols and on international grounds on behalf of
each mas tora or owners. \

It is presumed that the records of tho p^oceodini5^ in tbia caries of the seizures of
the British schooners which accompanied your despatch No. 196 were commanicated
officially to Her Majesty's Legation, and, if so, I request that you will furnieh me
with a copy of the note by which they were accompanied.

I am, &c.,

SALISBURY.

Sir L. West to the Marquis of Salisbury.— (Received July 22.)

WAeHiNGTON, 12th July, 18C7.

My Lord,— With reference to your Lordship's telegram of tho 8th ir.3t> at, I
have the honor to transmit herewith printed copies of the judicial proceedings in tho
United States District Court for the district of Alaska in the several oases of the
schooners " Onward," " Carolina " and Thornton," proceeded against on a charge of
killing fur seal in Alaska.

I have, &c ,

L. S. SACKVILLE WEST. *

L Enclosure in No. 55.]

In th« United States DiaTRicT Cocrt foe the Distriot of Alaska.

The United States, Libellant,yA. the Schooner " Thornton," her tack'e, do.-~On Libel of
Information for being engaged in the Businas of Ruling Fur Seal in Alaska.

Transcript of Record.

On the 28th day of August, 1886, was filed tho folio wing lilol of information •,— ;

In the District Court of thb United States for tue District of Alaska.

August Special Term, 1886.

To the Hon. La/ayette Dawson, Judge of said D'striof. Court :

The libel of information of M. D. Ball, Attorney for the Urdtcd States for the
District of Alaska, who prosecutes on behalf of said United States, and beinsf pre-
«ent here in court in his proper porson, in the name and on behalf of tho said United
States, against the schooner " Thornton," her tackle, apparel, boats, cargo and fur-
niture, and against all persons intervening for their interest therein, in a cause of
forleiture, alleges and informs as follows : —

That Charles A. Abbey, an officer in the Eevenuo Marine Service of the United
Stikten, urd on special duty in the waters of the district of Alaska, beietofore, to wit,
on the Ist day of August, 1886, within the limits of Abnka territory, and in the
waters thereof, and within the civil and judicial district of Alas*ki>, to wit, within the
waters of that portion of Behring Sea belonging t, tho said district, oc waters navi-
gable from the eea by vessels of 10 or more tons burden, eoizid the ship or vessel,
commonly called e schooner, the " Thornton," hor tackle, apparel, boats, cargo and
furniture, being the property of some person or persons to the said attorney un-
known, as forfeited to the United States, for tho following causes ; —

That the said vessel or schooner was found engaged in killing fur seal within the
limits of Alaska territory, and in the waters thereof, in violation of section 1950 of
the Kevised Statutes of the United Stales.

And tho said attorney saith that all and singular the premises are and wore
true, and within the admiralty and maritinae jurisdiction of this court, ai:d that by
reason thereof, and by forco of the Statutes of the United Stales in such oases made
and provided, the aforementioned and described schooner or vessel, being a vesgel of
over 20 tons burden, her taokle, apparel, boats, cargo, and furniture, became and are
forfeited to the use of the said United States, and that the said schooner is now
within tho district afoiesaid.

da on behaif of

the seizures of

commauicated

nil farnUh me

JSBURY.

22.)

July, 1HC7.

8th ir.3t> at, I
)c.eediDg8 in the
)ral oases of the

on a charge of

LE '>VEST.

Alaska.

io.—On Libel of
I in Alaska.

inforraation :
OP Alaska.

i States for the
, and beinaf pre-
the said United
cargo and fur-
n, in a cause of

e of the United
otofore, to wit,
ry, and in the
wit, within the
)c waters navi-
I ship or vessel,
oats, cargo and
d attorney un-
seal within the
section 196o of

9 are and were
t, ai;d that by
lob cases made
ling u vesfel of
>ecaine and are
hooner is now

Whe.rofore the said attorney prays that the usual process and monition of this
honorable court issue in this bohaU, and that ail persons intorcHtod in the before-
mentioned and described schooner or vessel may ba cited in general and special to
answer the premises, and alt duo proceedings being had, that the said schooner or
vessel, her tackle, apparel, boats, cargo and farnituro may, lor the cause aforesaid,
and others appearing, bo condemned by the definite bentonco and decree of this hon-
orable court, as forfeited to the use of the said United States, according to the form
of the statute of the said United Slates in such cases made and provided.

M. D. BALL,

United States District Attorney for the District of Alaska.

Whereupon forthwith issued the following monition:

District of Alaska, Set.,

The President of the United States of America to the Marshal of the District of

Alaska, greeting :

Whereas a libel of information hath been filed in the District Court of the
United States for the District of Alaska, on the 28lhday of August, in the year 1886,
by M. D. Ball, United States attorney for the district aforestiid, on behalf of the
United States of America, against the schooner '' Thornton," her tackle, apparel,
boats, cargo, and furniture, as forfeited to the use of the United States for the
reasons and causes in said libel of information mentioned, and praying the usual
process and monition of the said court in that behalf to bo made, and that all persons
interested in the said schooner "Thornton,'' her tackle, apparel, boats, rgo, and
farnitnre, &c , may be cited in general and special to answer the premises, and all
proceedings being had, that the said schooner "Thornton," her tackle, apparel,
ooata, cargo, and furniture, iic, may, for the causes in the said libel of information
mentioned, be condemned as forfeited to the use of the United States.

You are therefore hereby commanded to attach the said schooner " Thornton,"
her tackle, apparel, boats, cargo, and furniture, to detain the same in your custody
until the further order of the court respecting the same, and to give notice to all
persons claiming the same, or knowing or having anything to say why the same
should not be condemned and sold pursuant to the prayer of the said libel of infor-
mation, that they be and appear beloro the said court to be held in and for the Dis-
trict of Alaska, on the 4th October, 1886, at 10 o'clock in the forenoon of the same
day, if the same shall be a day of jurisdiction, otherwise on the next day of jurisdic-
tion thereafter, then and there to interpose a claim for the same, and to make their
allegations in that behalf.

And what you shall have done in the premises do you then and there make
return thereof, together with this wnt.

Witness the ilonorable Lafayette Dawson, Judge of the said court, and the
seal thereof affixed at the city of Sitka, in the District of Alaska, thi4 'i8lh day of
August, in the year of our Lord 1886; and of the independence ot the United States,
the lUth.

(Seal.; AN DEEW T. LEWIS, Clerk.

On September 6, 1886, was filed the following affidavit: —

In the United States District Court in and for the District op Alas'KA,

United States of America.

The United States of America vs the Schooner " Thornton."

United States of America, District of Alaska, ss.

0. A. Abbey, being duly sworn, deposes and pays : —

That ho is, and at all times herein mentioned was, a captain in the United
States lievenue Marine, and in command of the United Slates revenue cutter
"Corwin."

That affiant and the following named officers of said "Corwin" are material
and necessary witnesses for the United States in the above entitled action : J. 0.
Oantwdll, lieutenant; J. U. Rhodes, lieotenant; J. H. Doaglus, pilot.

iiiiiiiEli

m I

ii8j I

fqn

That owing to scarcity of provisions and fuel upon the said cutter "Corwin,"
the said "Corwin " and deponent and said witnesses will be obliged to and areaboat
to go to sea within five days, and out of the district in which the said case is to be
tried, and to a greater distance than 100 miles from the place of trial of said action
before the time of said trial.

That there is urgent necessity for taking the depositions of affiant and said wit-
nesses forthwith.

That Hans Gattormsen was master, and in possession of said schooner
"Thoraton " at the time of seizure thereof.

0. A. ABBEY.

Subscribed and sworn to before me, this 6th day of September, 1S86.

ANDKKW T. LEWIS, CUrk.

On the same day was entered the following order :

In the Matter of the United States vs. Schooner " Thornton," Case No. 50 ; Schooner
•' Carolina," Cass iVo. 61 ; Schooner " Onward," Case No. 49 ; Schooner " San
Diego," Case No. 62.

In the above entitled actions urgent necessity and good cause appearing there"
for from the affiJavits of 0. A. Abbjy, now on motion of M. D. Ball, United States
District Attorney for Alaska, anJ counsel for the United States herein, it is ordered
that the depositions of the witnesses C. A. Abbey, J. W. Howison. J. C. Caotwell,
J. U. Rhodes, J. H. Douglas, C T. Wicfrlow, Albert Loaf, C. Wilhelm, Thomas
Singleton, and T. Lorenson, be taken before the clerk of the s-aid District Court on
Tuesday, the 7lh day of Septeiixber, 1886, at 7 o'clock, p.m., or &s soon thereafter as
the matter can be jeachod at the office of said clerk ai Sitka, Alaska; and if not
completed on taid evening, then the taking of said depositions to be continued by
Baid clerk, from time to time, until completed. That notice of time and place of
taking said depositions bo served by the marshal of said d'i^trictonllane Guttormsen,
Jatiies Blake. Daniel Munro, and Charles E. Baynor. «nd upon W. Clark, Bsq,,
attorney-at law, on or before the 7th of September at 12 a m., and that such shall be
tluc and sufficient and reasonuble notice of the taking of said depositions.

Done in open court this 6th day of September, 1886, now at this time \V. Claik,
Esq , being present in court, waives service of notice.

On the 7th day of September, 1886, was filed the following notice and return : —

In tub United States District Court in and for the District op Alaska,

• United States of America.

The United States cf America vs. the Schooner " Thornton"

To Hans Guitormsen greeting : you are notified that by order of Lafayette
Dawson, J udpe of theeaid District Couit. ibe depcsitiors of C. A. Abbey, j. C.
Cantwell, J- U. Rhodes, and J. H. Douglas will be taken before the clerk of the said
District Court at his office in Sitka in said district on Tuesday, the 7th September,
1886, at 7 o'clock, p.m., or as soon thereafter as the matter can be reached, and if not
completed on said evening, the taking of said depositions will be continued by said
clerk fiom time to lime until completed.

Dated the 7th September, 1886.

ANDREW T. LEWIS, Clerk.
United States of America, District of Alaska, ss.

This is to certify that on the 7th day of Sep'omber, 1886, before 12 o'clock noon
of that day, 1 served the annexed notice on the within nam(d liars Guttormsen, at
Sitka, District of Alaska, by then and there perfonally delivering to the said Han*
Guttormsen, copy of said notice; and then and theie gave him the ptivilego of bein^
present at the taking of said depositions.

Dated the 9th of September, 1886.

BARTON ATKINS, United States Marshal.

or "Corwin,"

and areaboat

case is to be

of said action

and aaid wit-
said echooner

ABBEY.

56.

IS, CUrk.

50 ; Schooner
'chooner " San

)earing there"

Qnitod States

it is ordered

C. Caotwell,
jelm, Thomas
trict Court on
1 thereafter as
ka; and if not

continued by

5 and place of

IB Guttormsen,

'. Clarlf, Esq.,

; finch shall be

ins,

me W. Gl&tky

and return : —
: OP Alaska,

of Lafayette
Abbey, j. C.
lerkof thesaid
th September,
bed, and if not
Qued by said

, Clerk.

! o'clock noon
ittormsen, at
10 said Han»
ilege of boin^

MarsJal.

On the 10th September, 1886, were filed the following depositions: —

In the United States DisiaicT Court in and for the District of Alaska*

United States of America.

The United States vs. the Schooner " Thornton," No. 50.

Depositions of witnesses sworn and examined before me on the 7th day of Sep-
tember, 1866, at 7 o'clock p.m. of said day, and on the 8th and 9th September, 1886,
thereafter, at the clerk's office of said court in Sitka, diHtrict of Alaska, United States
of America, by virtue and in pursuance of the order of the said court, made and en-
tered in the above entitled action on the 6lh September, 18S6, directing that the
testimony and depositions of said witnesses bo taken before me at said first-mentioned
lime and place, and at such subsequent times as the taking of the same might be
continued to by me, in said action then and there pending in naiJ district court
between the United States as plaintiff and i he schooner "Thornton" as defendant, on
behalf and at the instance of the said plaintiff the United States, and upon notice of
the time and place of the taking of the said depositions served upon Hans Gut-
tormsen, the captiin of the said schooner, and in possession thereof at the lime of
seizure, and upon W. Clark, Esq., his attorney, the owners thereof being unknown
and without the jurisdiction of this court.

Captain C. A. Abbby, being duly sworn, deposes and says: —

Q. State your name and occupation. A. Captain C. A. Abbey, in the United
Stales Revenue Marine Service, at present in command of tbe United States
Eevenue steamer "Corwin," on special duty in Alaskan waters, for the protection of
the seal islands and of the Government interests in Alaska generally.

Q. What were you doing and what cccuned on the Isi day of August Ia(>t in
the line of your duty ? A. 1 was cruising in Behring Sea about 70 miles south-south-
east fiom St. George Island, in about latitude and longitude • I
found the four boats of the British steam tchooner " Thornton," of Victoria, British
Columbia, engaged in killing fur seal. Each boat had in her from three to eight
freshly killed seal, arms, and ammunition, rowers, and hunters, who staled that they
belonged to the said schooner ''Thornton," and were engaged in taking or killing
fur seal. Some of them, if not all, were hoen shooting at the fur seal which were
swimming in their neighborhood. On this evidence, I caused the vessel to be
seized by Lieutei.ant Cantwell, took her in low, and proceeded with her to Oona-
laska, where 1 placed the vesbcl, cargo, tackle, furniture, and appurtenances in
charge of Deputy United Stales Marshal Isaac Anderson, of Oonalaska, the cargo of
fur seals being stored in " Keuch," in one of the warehouses of the Alaska Commer-
cial Company, and under seal. One boat of the " Thornton " was sent to Sitka by
the schooner •• San Diego," and placed in custody of the United Slates Marshal at
Sitka. All of this property is now in the custody of the Unite! States Marshal at
Sitka, including her arms and ammunition, which I brought to Sitka on the " Cor-
win."

Q. Was this the vessel against which the libel of information is filed ? A. It is.

(l- Did this all occur within the waters of Alaska and Ihi) territory of Alaska,
and within the jurisdiction of this court ? A. It did.

Q. Did thi.-t occur within the waters of the sea navigable for vessels of 10 ton&
burden or over ? A. It did.

0. A. ABBEY.

Subscribed and sworn to before me this 9lh day of September, A.D. 1886, after
having been read over by me to deponent.

(Seal.) Andrew T. Lewis, Clerk,

United States District Court.

Lieutenant John C. Cantwell, being duly sworn, deposes and says: —
Q. Sttite your name, occupation and age? A. John C. Cantwell, Third Lieuten-
ant United States Revenue Marine Service, at present on duty United Stales
Revenue steamer "Corwin," and over the age of 21 years.

Q. Were you bo on the Ist day of Aaguat last ? A.I was.

Q . State what occurred on that day in the lino of your duty. A. I saw a small boat
on the port bow; we came up to her, and found she had about eight fur seal aboard.
The men in the boat were armed with breech-loading rifles. In answer to the com-
manding officer, the men admitted they were killing far seal. Shortly after we
picked up a second boat, and then sighted the schooner "Thornton." There were
dead seal in the second boat. I did not examine the other boats ; I was sent on
board the s^^hooner, saw Hans Guttormsen apparently acting as captain, and lienry
Norman as mate. I asked them what they were doing ? The o.-vptain replied,
*• Catching seals." I signalled this to Captain Abbey, who directed me to seize her,
which 1 did, and the " Corwin " took the schooner in tow. The fur seal in the boats
were bleeding, and must have been killed within a few hoars.

Q, How many men were on board of the "Thornton" at the time of seizure?
A. About fifteen.

Q. Was this a reasonable number for ordinary purposes of commerce and navi-
gation ? A. It was an unusually large number for the size of the vessel.

Q. Do you recognize this paper ? A. 1 do. It is the official inventory made
by me of the furniture, tackle, and cargo of the schooner "Thornton" (inventory
embraces the usual furniture, rigging, naatical instruments, boats and stores of a
Tesse) of this class, with a cargo of 403 seal skins, 3 seal pup skins, and 1 hair seal
skin, and they are receipted for by I. Anderson, Deputy United Slates Marshal,
Oonalaska, the I4th August, 1886) ; the item 403 seal skins mentioned in the inven-
tory are fur seal skins ; this inventory gives a full and correct list of all the furni-
ture, tackle, and cargo of said vessel, with the exception of the following : arms and
ammunition, octant, and one chronometer. There is one boat belonging to the
•* Thornton " that was sent down on the *' San Diego " and included in the inventory
of the " San Diego." The " Thornton " had four boats.

JOHN C. CANTWELL, 3rd Lieutenant,

United States Bevenue Marine.

Subacribed and sworn to before me this 9lh day of September, A.D. 188(), after
having been read over by me to deponent.

(Seal.) Andrew T. Lewis, Clerk,

United States Distiict Court.

John U. Rhodes, being duly sworn, deposes and says : —

Q. State your name, age, and occupation ? A. John U. Rhodes, over 21 years
of ago, and lieutenant in the United States Revenue Marine, and attached to the
Eevenuo fcteamer " Corwin," ai d was so on the It^t AagUHt, 18"i6.

Q. Stale what happened on the last named day in oonnection with the schooner
"Thornton?" A. I was on iho " Corwin " at the time the " Thornton " was seized
on that day . We first picked up a boat bearing the name " Thornton ;" it bad about
eight dead fur seal in it, the men in iho boat had breech-loading riflus; weaftorwards
picked up another boat, and then sighted the pchoonor "Thornton," and went on
board, and was put in charge of her. Wo afterwards picked up two more boats;
the men in the boats claimed that the boats belonged to the " Thornton," and were
put on board of her. There were between fifteen and twenty dead fur seal on deck
and one hair seal. Tbete seals were most of them bleeding and evidently recently
killed. The captain and several of the hunters said they had killed twenty one, I
think it was, fur seals that day, and would have got more if they had had more day-
light and if the cutter had not come up.

Q. Do you recognize these papers ? A. I do. This paper marked (Ex. " G ")
is the clearance paper of the schooner " Thornton " (this paper represents the Bri-
tish steam schooner " Thornton," Hans Guttormsen, master 22'30 tons, navigated
with fifteen men, bound for the Pacific Ocean, Behring Sea, and Okhotsk Sea, on
a hunting and fishing voyage, as having cleared from Victoria, British Columbia,
the 16th May, 1886). This paper marked (Uz. « H ") is her bill of health (issaed

aw a small boat
ur seal aboard,
er to the com-
)rtly after we
There were
was sent on
n, and Ilenry
ptain replied,
ne to seize her,
al in the boats

no of seizure ?

eroe and navi-
lel.

iventory made
u " (inventory
id stores of a
id 1 hair seal
tales Marshal,
d in the invon-
all the furni-
iDg: arms and
onging to the
1 the inventory

enant,
ue Marine.

..D. 1886, after

, over 21 years
tached to the

li the schooner
1 " was seized
" it had about
wo afterwards
and went on
) more boats;
D," and were
p pcal on deck
ently recently
twenty one, 1
lad more day-
ad (Ex. «'G")
tnts the Bri-
Ds, navigated
:hotsk Sea, on
sh Columbia,
lealth (issued

same date and place with clearance). I found these papers in the schooner " Thorn-
ton " at the time of seizure, and then took possession of thera.

Q. What wias the list of arms and ammunition found aboard the schooner
" Thornton " at the time of seizure ? A. Four rifles, 6 shot-guns, 867 shot-gun cart-
ridges, 420 rifle gun cartridges, 108 lbs. powder, 1 keg powder partly filled, 2 bags
bullets, 11 bags buck-shot, ft boxes wads, 3| boxes primers.

Q. What has become of thoBe arms and ammunition ? A. They were delivered
to the United States Marshal at Sitka, and are now in his custody.

JOHN U. KlIODKS, Lieutenant,

United States Revenue Marine.

Subscribed and sworn fo before me this 8th day of September, A. D. I8i:6, after
having been read over by me to the doponent.

(Seal.) Andrew T. Lewis, Clerk.

United States District Court.

John U. Rhodes, being duly sworn, deposes and says : —

Q. State your came, age and occupation ? A. John U. Ehodes, Lieutenant
United States Revenue Marino, at present on duly on ibo United States Revenue
steamer " Corwin," and over the age of 21 years.

Q. State what nautical instruments, if any, were seized on the echooDer "Thorn-
ton" exce;>t such as are included in her general inventory?' A. One chronometer.
No. 1,374, made by Eessels, and one octant.

Q. What has become of this property ? A. I turned it over to the United
States Marshal at Sitka, and it is now in his custody.

JOHN U. EHODES.

Subscribed and sworn to before me this 9th day of September, A. D. 1886, after
having been read over by me to deponent.

(Seal.) Andrew T. Lewis, Clerk,

United Statfs District Court.

J. H. Douglas, being duly sworn, deposes and says : —

Q. State 3'our name, age, and occupation? A. J. H. Douglas, am over the
ago of 21 years, am a pilot in the Revenue Marine Service cf the United States, and
have boon so for the seven years last past. I am now and on the Ist Augubt, 1886,
was pilot on the revenue steamer " Coiwin."

Q. State what occurred on the last-named day in connection with the schooner
"Thornton"? A. Wo tighted a boat on our port bow and soon after saw another
bO"*, eteamed to the first boat and ordered her to come alongside, which she did.
The name " Steamer Thornton " was on the stern of the boat. There were two or
three men in the boat with arms, and six or eight dead fur seal, which had the ap-
pearance of having been lately killed. I a^ked the men what luck they had. One of
them replied, " We have six or eight, but not ns good as some days." We took pos-
session of the boat and contents by order of Captain Abbey. We then picked up the
second boat, finding it engaged in the same business, then we sighted a schooner
drifting without sail or ateam, which proved to be the steam-schooner "Thornton."
On coming up with her, she was seized by order of Captain Abbey, and taken in tow.
We then picked up two more boats belonging to the '• Thornt'^»i," having dead fur
seal on board. This was in Behring Sea, about 65 miles south east from St. George's
Island, and about 500 or 600 miles to the etistward of the western boundary line of
Alafcka Territory.

Q. State what experience you have had in the fur sealing business, and your
knowledge of tho habits of the fur seal ? — A. I have been cruising for more than fif-
teen yeara off and on in Alaskan waters, always as an officer or pilot, and have
visited the Pribiloflf Islands, St. Paul and St. George, several hundred times, and am
perfectly familiar with the sealing business as conducted on those islands, and under-
stand the migrating habits of the lur seals. From about the first May to about the first

iiih

■

1 '

■.

July of each year the fur seal is migrating north, and mostly throngh the Unimak
and Akutan Passes to these islands for breeding purposes. They go to no other place
in the known world except these islands and Copper Island for breeding purposes.

After the breeding season of aboat a month they begin to migate south,
and until November of each year are migrating south through Behring Sea. Daring
this season, from May to November, the fur sopj are plenty in the waters adjoining
tho Pribiloff Islands, and are migrating to and from these islands, and are at all
times very plenty between Unimak Pass and said islands in a track about 80 miles
wide, which seems to be their hij^hway to and from said ittlands. The schooner
" Thornton " and her boats when seized were directly on this track.

J. H. DOUGLAS.

Subscribed and swirn to before mo this 8th day of September, A. D. 1886, after
having been reaj over by me to deponent.

(Seal.) Andkbw T. Lkwis, Clerk,

Unite t States District Court.

In the United States District Court in and for the Distuict of Alaska.,

United Statks cp Ambbica,

The United States vs. the Schooner " Thornton," M. 60.

Whereas, on the 6th day of September, 18S6. the said District Court duly made
and en jred in the journal oif said court an order in^ths above entitled action, directing
that the testimony and depositions of the witnesses : C. A. Abbey, J. C. Cantwell,
J. U. Rhodes and J. II. Dju^las bo taken bofore rae, the clo'^k of sail court, at the
time or times and place, and upon fuch notice as was fpeci6ed in said order.

Now, theiefbie, this is to certify ; — That in pursuance of naid order, on the 7th
September, 1888, at 7 p. m , each and all cf the above-named witneshcs tippeored
before mo at the clerk's office of said court at Si'ka, District of Alaska, United
States of America: that M D. Ball, Esq , District Attorney of said Court and Dis-
trict, and W. II. PayRon, Esq., appeared then and there on behalf of and a"* attorneys
and proctors for the United States, the libellant herein ; and W. Clark, Eq., then
and there appeared on behalf of, and as attorney and proctor for the said tohooner
and her owners herein ; an J Hans Guttormsen then and there appeared in pursuance
of notice served upon him.

That 1 was unable to complete the takingof said depositions on said 7th day of Sap-
tembcr, IS-^C, and I continued the taking thereof on t.ho 8th and 9th Soptembor, 1886,
and completed the same on said last-named day. That the ('aid parties by their said
attorneys and proctors then and there appeared, and were present on each of ^aid last-
named days, and at all times during the taking of said depositions. That each of
eaid witnesses was first duly cautioned and sworn by me, then and there, that the
evidence he should give in naid action, i.hould bo the truth, the whole truth and
nothing but the truth, and thereafter each of said witnesses was then and thei o ox-
amiaed before me, and I then and there took down the statement and testimony of
each of said witnesses, and reduced the same to writing in his presence, and then and
there read the same over to him, and he then and there, after the same had been so
reduced to writing and read over to him, subscribed the same in my presence, and
Bwore to the truth theieof.

That the foregoing depositions are the depoMtionn of said witt.essee then and
there taken before mo as aforesaid. That due notice of the taking of eaid depositions
was given as required by said order.

In witness whereof I have hereunto set my hand and the seal of said D'striot
Court, this 9th day of September. 1886.

ANDKEW T. LEWIS, Clerk, United rtates District Court in and
for the District of Alaska, United States of America.

On the 20th day of September, 1836, was filed the following claim of master for
owner:—

Lhe Unimak

other placo
parposes.

i^ate Bonth,
ea. Daring

»r8 adjoining

1 are at all
)nt 80 miles
bo Bcboonor

UGLAS.

). 1886, after

jV AhfLhKk,

rt duly mad©
inn, directing
C. Cantwell,
court, at the
rder.

r, on the Tth
*HC8 appeared
laska, United
lurt and Dis-
id a« attorneys
£, Eq., then
9aid i-chooner
1 in pursuanoo

rth dayofSap-
>lembor, 1886,
i by their said
ich of paid last-
That each of
ere, that the
3le truth and
ind there ox-
testimony of
and then and
le had been so
prceenoe, and

see then and
tid dopositiona

said D'slrict

:t Court in and
rica.

I of master for

In Tni Unitio Statbs DisTaioT Court for the Distriot op Alaska.

(In Admiralty.)

In the matter of ih». Libel of Information against the Schooner " Thornton'' her Tackle,
Apparel, Furniture, and Cargo— Olam of Master for Owner.

Acd now Uans Quttormnen, master of schooner "Thornton " intervening for the
interest of J. D. Warren, of Victoria, British Columbia, the owner of the said schooner
" ThorDton," her tackle, apparel, furniture, and cargo, as set forth in the libel of in-
formation herein, appears before this honorable court and mrkes claim to the said
schooner "Thornton," her tackle, apparel, furnitur<<, and cargo, as set forth in the
said libel of information, and as the same are attached by the marshal under process
of this court at the instance of M. D. Ball, Esq., United States District Attorcey for
the Distrift of Alaski*.

And the said Hans Guttormsen avers that thu saii J. D. Warren was in pos-
session of the said schooner at the time of the attachment thereof.

And thai the said J. D. Warren above named is the true and bond fiie owner of
the gaiu schooner, her tackle, apparel, cargo and furniture as i-eized by the said
marshal as aforesaid and that no other f eri-on is the owner thereof. Wherefore he
prays to defend accordingly.

HANS GUTTOEiMSEN.

Sobscribed and sworn to before me this 13th day of September, A.D. 18?6.

(Seal.) Andrbw T. Lewis, Clerk of United States

District Court Jor the Distrct of Alaska.
W. Clark and D. A Dixulky,

Proctors for Claimant.

On the same day was filed the following amende 1 libel of inforraition.

In the United States District Court, in and for the District of Alaskv,

United States of America.

(August Special Term, 18"jf>.)

To the Honorable Lafayette Dawson, Jndge of paid Dit-tiict Conn :

The amended libel of information of M. D. Ball, Attorney for the United States,
for the Difrtrict of Alaska, who prosecutes on behalf of said United Stales and being
present here in court in his own proper person, in tho name and on behalf of the
said United States, alleges and informs as follows, to wit : -

That C A. Abbey, an cfficer in the Revenue Marino Service of the United States,
duly comrai^8ioned by the President of the United Stales, iu command of the United
Staiea Revenue cutter " Corwin," und on tpocial duly in the waters of tho District
of Alaska heretofore, to wit on tho 1st day of August, iSs'G, within tho limitsof Alaska
Territory, and in the waters thereof, and within the Civil and Judical District of
Alaska, to wit — wilhin tho waters of that portion of Behring's Sea belonging to the
United States and said district, on waters navigable from the sea by vessels often "r
more tons burden, se'zed the schooner " Thornton," her tackle, apparel, boats, cargo,
and furoitare, being the properly of some person or persons unknown to said
Attorney. The said propery is more particularly described as follows, to wit : —

Ooe schooner "Thornton" of Victoria, British Columbia, four boats with oars,
eails and geir ; carpenter's and caulking tools and materials : five tons of coal, ten
yards of canvas, clock, chronometer, nautical instruments, provisions, sails and
runnin:; gear, ropes, t^ine, lamps, oil, casks, buckets, engine and gear, twenty sacks
salt, 403 far seal ^ki^f', Olio hair seal skin, three pupseal skin", loar r (Ivis, six shot
gurs, and arms and ammunition for same and all other propoity ft und upon or
appurtenant to said schooner.

That said (\ A. Abbey was tlion find there duly commissioned and authorized
by the proper Department ol tho United States to make said seizure.

That all of the said properly wan then and there seized as forfeited to tho United
Stated for tho following caubes : —

"IF

ill

That the sAid vessel, her captain, officers and crew were then and there fomid
engaged in killing fur seals within the limits of Alaska Territory and within the
waters thereof, in violation of section 1956 of the Revised Slatutea of the United
States.

That all the said property, after being seized as aforesaid, was brought into the
port of Oonalaska in the said territory, and delivered into the keeping of Isaac
Anderdoa, a Deputy United States marshal of this district, with the exception of the
said arms and ammunition, which latter were brought into the port of Sitka in said
district and turned over to the United States marshal of this district, and all of said
property ^s now within the Judicial District of Alaska, United States of Amerioa.

And the said M. D. Ball, Attorney as aforesaid, further informs and alleges: —

That on the 1st day of August, 1886, Henry Norman, and certain other persons
whose names are to said United States attorney unknown, who where then
and there engaged on board of the said schooner " Thornton " as seamen and seal
hunters, did, under the direction and by the authority of Hans Guttormsen, then
and there master of said schooner, engage in killing and did kill, in the Territory
and District of Alaska, and in the waters thereof, to wit, t venty fur seals in violation
of section 1,956 of the Revised Statutes of the United States, in such cases made and
provided.

That the saia 403 fur seal skins, three pup skins, one hair seal skin, and other
goods so seized on board of said schooner " Thornton " constituted the cargo of said
schooner at the lime of the killing of said far seals, and at the time of said seizaro.

And said attorney saith that all and singular the premises were and are true
and within the admiralty and maritime jurisdiction of the United States and of this
honorable court, and that by reason thereof, and by force of the statutes in such
oases made and provided, the aforementioned schooner, being a vessel of over twenty
tons harden, and her said tackle, apparel, boats, cargo and furniture, became and are
forfeited to the use of the United States.

Wherefore the said attorney prays that the usnal process and monition of this
honorable court issue in his 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 the return day of said proeess why said
forfeiture should not be decreed ; and that after duo proceedings are had, all of said
property be adjudged, decreed, and condemned as forfeited to the use of the United
States: and for such other relief as may be proper in the premises.

Dated the 20th September, 1886.

M. D. BALL,
United States District Attorney for the District of Alaska.

On the same day was filed the following demurrer : —

In THi United States Distbict Oouet for the District op Alaska.

United States vs. J. D. Warren, and Schooner " Thornton." — Demurrer.

The demurrer of J. D. Warren, claimant of the property proceeded against in
the above cause to the information filed herein.

1. The said claimant by protestation, not confessing all or any of the matters
in said amended information contained to be true, demurs thereto and says that the
said matters in mbuner and form, as the same are in the information stated and set
forth, are not sufficient in law for the United States to have and maintain their said
action for the forfeiture of the property aforesaid.

2. The said claimant by protestation denies that this court has jurisdiction to
determine or try the question hereby put in istue.

a. And thai the said claimant is not bound in law to answer the same. .
Wherefore claimant prays that said information may be dismissed with costs.

W. CLARK AND D. A. DINGLEY,

Proctors for Claimant,

and there foatid
' and within the
06 of the United

)roaght into the
aeping of Isaac
xoeption of the

of Sitka in said
, and all of said

of America,
nd alleges: —
a other persona
where then
eamen and seal
ittormsen, then
n the Territory
jaJB in violation
cases made and

skin, and other
le cargo of said

said seizare.
re and are true
es and of this
atates in such

of over twenty
>eoame and are

:>nition of this
d hereinbefore
tice to be given
3oeBB why said
bad, all of said
e of the United

of Alaska.

.LASKA.

murrer.

ded against in

of the matters

1 says that the

stated and set

itain their said

jarisdiction to

ame..

i with costs.

CY,
Glaimant.

Which demarrer was overruled by the court, and on the same day was filed tho
following answer : —

In the United States District Court for the District op Alaska.

United States vs. J. D. Warren and Schooner " Thornton." — Answer of Glaimant.

The ansvyer of J. D. Warren, owner and claimant of tho said schooner " Thorn-
ton," her tackle, apparel, cargo, and furniture, as the same are sot forth in tho
information filed herein in behalf of tho United States.

And now comes J. D. Warren, claimant as aforesaid and for answer to the said
nformation against the said schooner "Thornton," her tackle, apparel, furniture and
cargo, as eoi forth in said information says that the said schoouoi- " Thornton," her
tackle, apparel, furniture, and cargo as set forth in the information mentioned, did
not nor did any part thereof become forfeited in manner and form us in said informa-
tion in that behalf alleged, or at all.

Wherefore, the said claimant prays that said information be diumissed with costs
of this claimant attached.

W. CLARK AND D. A. DINGLEY, Proctors for Claimant.

On the 22nd September, 1886, were filed the following exceptions to answer ; —

United States District Court, Die riot of Alaska, United States of America .

United States of America v. the Schooner " Thornton." — No. 50.

The said libellant hereby excepts to the sufficiency of the defendant's answer
herein, on the following grounds : —

1. Said answer is not properly or at all verified as required by rule 27 of the
United States Admiralty rules;

2. Said answer is not full, explicit or distinct to each or any allegation of the
libel herein, as required by said rule ;

3. Said answer docs not deny or admit any of the allegations of fact in said libel
but merely denies a conclusion of larv .

M. D. BALL AND W. H. PAYSON, Proctors for Libellant.
2l6t September, 1886.

Which exceptions were snstainei by the court, and on the same day was filed'
the following amended answer : —

In the United States District Court for the District op Alaska.

United States vs. J. D. Warren and Schooner " Thornton." — Amended Answer.

To the Honorable Lafayette Dawson,

Judge of the United States District Court for the District of Alaska.

Hans Quttormsen, master of the schooner " Thornton," intervening for the
interest of and in behalf of J. D. Warren, owner and claimant of said schooner
"Tornton," hor tackle, apparel, furniture and cargo for amended answer to the libel
of information herein, against said schooner, her tackle, apparel, furniture and cargo,
alleges as follows : —

1. That he denies each and every material allegation in said libel of information
contained ;

2. Danies that the said schooner "Thornton," her tackle, apparol, furniture,
cargo, and the property appertaining thereto, as set forth and deaoribod in said libel
of information or any part thereof became forfeited to the United States ;

3. Denies that said schooner, her captain, officers, and crew, or any ono of them
were found engaged in killing fur-seal within the limits of Alaska Territory, and
within the waters thereof, in violation of section 1,956 of the Kevised Statutes of the
United States, as set forth in said libel of information or at all ;

4. Denies that they killed any number of fur-seal, or other fnr-b3aring animals,
within the wnters of Ala^^ka, or the Territory of Alaska, or in any part thereof;

«!

6. That all and singalar tho premiBO') herein are true.

Wherefore said master prayn that thia honorable court will be pleased to pro
nonnoe against the libel heroin and that the aamo may be dismiuHei with costs to
the claioiants to be taxed.

W. CLARK AND D. A. DINGLBY, Proctors for Claimant.
United States District of Alaska, es.

Hans Guttormsen, being first duly sworn, says ho is master of the scfaoone'
^' Thornton," that he has hoard read the foregoing answer, and knows the contonti
thereof, and that the same is true of his own personal knowledge.

H. GUTTORMSEN.

Subscribed and sworn to before mo this 22Qd day of Soptembar, A.D. 1886.

Andrew T. Lbwis,

Clerk of the United Stat' a District Court for the District of Alaska.

On the 4th day of October, l£86, the motion cited p. 54 was returned with the
following indorsement : —

Sitka, District of Alaska, sh.

Be it remembered, that, in obedience to tLo annexed monition, I have attached
the within-described property and now hold tho same in my possession subject to the
order of this honorable court ;

And [ have given duo notice to all persons claiming said property to bo and
appear before this District Court on the 4'>^h day of October, 1886, at 10 o'clock a.m.,
if^the same shall be a day of jurisdiction, otherwise on iho next day of jurisdiction
thereafter, then and there to make their claims and allegations in that behalf: —

And I have caused said notice to be published, and the same has been published
in the Alaskan, a newspaper published at Sitka in said district, on the 4th day of
September, l886, and in each issue of said newspaper subsequent thereto, until 4lh
day of October, 1886.

BARTON ATKINS, Marshal, District of Alaska.

Sitka, Alaska, 4th October, 1886.

On the same day was filed the following decree : —

In thk United States District Court in and for tub Distriot of Alaska,

United States op America.

United iitates vs. the Schooner " Thornton."— N^o. 50.

The marshal having returned on the monition issued to him in tho above
entitled action that, in obedience thereto, he has attached the said schooner " Thorn-
ton," her tackle, appurol, boats, cargo and furniture, and has given due notice to
all persons claiming tho same to appear before this court on this 4th day of
October, IS*^'!, at 10 o'clock, a.m., at the District of Alat-ka, United
States of America, then and there to interpose their claims and make
their allegations in that behalf; and Hans Guttormsen, the captain of said
vessel having heretofore filed a claim to all of said property on behalf of
J. D. Warren, of Victoria, British Columbia, the owner thereof, and no other per-
son having appeared, and no claims or allegations having been made or filed herein
by any other person or persons, and the usual proclamation having been made, and
fiaid cause having been heard upon the pleadings and proofs, M. D. Ball, Esq., and
W. H. Payson, Esq., appearing as advocates for said libellant, and W. Clark as
advocate for said claimant, and said causo havuig boon submitted to the court for
decision, and due deliberation being bad in the prumisoD, it is now ordered, sentenced,
and decreed as follows : —

I. That all persons whatsoever other than said claimant be, and they are, hereby
declared in contumacy and default.

»e pleased to pro
Hol with ooats to

^or Claimant,

r of the Bcboone'
»wi tbe contents

TORMSEN.
AD. 1886.

laska.
turned with the

I have attached
on Bubjoct to the

perty to bo and
; 10 o'clock a.m.,
y of jarisdiction
at behalf: —
9 been publifrhed
in the 4th day of
hereto, until 4lh

:i of Alaska.

t 01' Alaska,

ftt in the above
hoonor " Thorc-
1 due notice to
this 4th day of
A-lahka, United
ms acd make
iaptain of said
on behalf of
id no other per-
e or filed herein
been made, and
. Ball, Esq., and
nd \V. Clark &h
to the court for
ered, sentenced,

hey are, hereby

2. That the said schooDor •' Thornton," her tackle, apparel, boats, and furniture,
and her cargo of 403 fur seal skins, and all other property ibund upon and appur-
tenant to said Hchooner, be, and are hereby condemned as forfeited to the use of the
United Htatos

3. That unless an appeal be taken to this decree, within the time I'mited, and

ErcHoribed by law, and the rules of this court, the usual writ o( venditioni exponas
isHUod to ihe marshal, commanding him to sell all of the said property and bring
the proceeds into this court to be distributed according to law. Coatu to bo taxed
are awaixled against t<aid claimant.
Dated October 4, 1886.

LA.FAYETTB DAWSON, District Judge.
Done in open court, this 4th day of October, 1886, at Sitka, Dihiriot, of Alaska^
United States of America.

, Clerk.

On the same day was filed the following motion to set aside Decree : —

Ik THi Unitbd States Distbict Coctbt fob thi District op Alaska.

United States vs. J. D. Warren and Schaontr " Thornton."— Motion to set aside Decree.

Now come W. Clark and D. A. Dingley, proctors intervening for and in behalf
of the claimants herein, and moves the court to set aside tbe decree rendered herein
for the reason that the evidence produced on behalf of the United States is wholly
insufficient upon which to base said decree.

W. CLARK AND D. A. DINGLEY, Proctors for Claimant.

Which motion was over-ruled by the court, and on the same day was filed the
following notice of appeal: —

In thi United States District Court foa the District of Alaska.

United States vs. J. D. Warren and Schooner " Thornton." — Notice of Appeal.

And now come W. Clark and D. A. Dingley, proctors for and in behalf of the
claimant herein, and notifies this honourable court that they hereby appeal from the
decree rendered herein to the Circuit Court having appellate jurisdiction over this
district, and that said appeal is taken on questions of law and fact, and prays the
oourt for an order on its clerk to prepare a complete transcript of the record hero>
in, as the law requires.

W. CLA.RK AND Jl. A. DINGLEY, Proctors for Claimant.

On the 9th day of February, 1887, was entered ihe following order : —

In the matter of the United States vs. Schooner " Onward,'' Case No. 4'A ; Schooner
" Thornton," Case No. 5f> ; Schooner " Carolina" Case No. 51,- Schooner "San
Diego," Case No. 52; Arms and Ammunition Schooner "Sierra," No. 57; Arms
and Ammunition Schooner '' San Diego," No. 5S.

In the above causes, upon motion of the attorney for the United States and
argument of counsel for the United States, and for the interveners in said causes, and'
consideration by the court, it is this day ordered that writs of venditioni exponas do
issue from the clerk of said court to the marshal of said district, tor the sale of the
attached vessels, with their tackle, cargoes, and furniture, of whatever description,
and of the arms and ammunition attached in said causes.

And as to the said attached vessels, that the sale of the same (except the schooner
"San Diego," which shall be sold at Sitka) shall be made at Port Townsend, in the
District of Washington Territory, and as to the seal skins, part of the cargoes of said
vessels attached, that sale of the same shall be made at San Francisco, in the District
of California, and that sale of said schooner " San Diego," and all the other attached
property be made at Sitka, in tho District of Alaska. Thirty days' notice of such sale
66—3

. I

ill

''iP

IMiil)

to be given at each of the plaoen where the samv are to be made, by poating gooh
Dotioe, or by pablioation in some nowMpapur pablished at Buoh places reapacUvoly.
And that t' aid marshal do > ,ve the moneys arising from nuoh sales, together
with the writ communding '* . same, at a Diatriot Court of the United States for this,
the said District of A\mV .o be hold on ttie firi^t Monday in September, 1887, and
that he then pay the sa< to the clerk of said ooart.

Clxb^' jffioi, United Statis District Ooubt, DisTnioT ov Al4bka»

Sitka, 10th March, 1887.

I, Andrew T. Lewis, clerk of the said court, do certify that the foregoing trana-
orittt of the record in the case of the United States vs. the schooner " Thornton," her
taosle, apparel, &o., on libel of information, pending in said court, has been compared
by me with the original, ard that it is a correct transcript therefrom and of the
whole of such original, except the full text of the exhibits re* jrred to in the testi-
in»ny therein, the purport of which only is stated, and that the purport of said ex-
hibit is oorreotly stated, as the same appears of record at my office and in my oos*
tody.

Witness my hand and the seal of said court, this 10th day of March, 1887.

(Seal.) ANDRBW T. LEWIS, Clerk.

No. 32S.

Lord Lantdowne td Sir Henry Holland.

19th August, 1887.

Sib, — I have the honor to enclose herewith for your information copies of a
report reeeivud by my Minister of Marine aud Fisheries from the Collector of Cqb-
toms at Victoria, B.C., dated 9th inatant, in regard to the seizure of the sealers
*• Grace Dolphin " and " W. P. Say ward," by United S tates Revenue Cutter " Richard
Rush."

I beg to call your special attention to tho deposition, enclosed in Mr. Hamley's
report, of Captain Laiug, of the " W. P. Sayward." You will observe thatCaptain
Laing states particularly that the seals of which the skins were found on boai-d his
vessel were not taken in the Bebring Sea.

It is Bcaroely nooesfiary to dwell upon the grievous hardships occasioned by
these seizures, for wiiich, as far I am aware, no juHtifiQation has yet been forthcom-
ing, not only to the owners and to the officers and crow% but to the Indian hunters on
board, who were, it appears, " left to find their way home as they could " from Sitka
to their own villages, distant about 700 miles from that place.

LANSDOWNE.

[Enclosure No. 1.]

Custom House, Viotoeia, B C, 9th August, 1887.

SiB,— On the 5th instant I sent you word by telegram that three more Canadi.in
vessels had been seized in Behring Sea and sent to Sitka : " Grace," " Dolphin " ai>'!
*• W. P. Say ward." This news rcatihedua by the steamer " Olympian," and the day
following the mate of the " W. P. Say ward," one of the seized vessels, came down
on the steamer " Idaho." I had him bore at the custom house and his statements
in some particulars were so important that I thought it desirable that it should be
taken down before a notary public and the deposition forwarded to you. I enclose
it herewith. The seizure was made on the 9th July by the master of the revenue
«ntter *' Rush " in Bebring Soa, from 30 to 40 ra^es from any land. The skins, 479
in number, all taken, ho says, in the Pacific, wer& lodged in the Alaska Company's
warehouse at Oonalaska and the vessol herdelf sent to Sitka. There ia no doubt
now, from the declaration of the master of the United States revenue outter made

poflting flooh
roHpooiivoiy.
BsleB, together
States for this,
Der, 1887, and

OT OP Ali48KA»
arob, 1887.

treo^oiug trans-
Thornton," her

boen oompared
•m and of the
in the testi-
rt of said ez-

d in my oath

roh, 1887.
VIS, OUrk.

igast, 1887.

ion copies of a
lolleotor of Cos-
e of the Boalers
utter " Eiohard

I Mr. Hamley's
ve that Captain
nd on board hia

1 occasioned by
been torthoom-
lian hunters on
Id " from Sitka

3D0WNE.

gust, 1887.

more Canadi.in
Dolphin " ai..«
" and the day
is, came down
hia statements
lib it should be
''oa. I enclose
of the revenue
The skins. 479
ka Company's
)re is no doubt
le outter made

>penly on the deolr of the " W. P. Say ward " that, in seizing this and the other
janadian vessels he was acting under direct instructions from the United States
jrovernmont.

I forward alxo the information laid in the District Court at Sitka by the United
States Attorney Bull against the master and mate of the " W. P. Say ward." The
ndictmonts against the masters and mates of the other vessels are in the same
orms and terms, the complaint being that they had killed fur sealn in fiohring Sea
x>ntrary to the statutes of the United States, and against the peace and dignity of
)he United States of America.

The case is to be heard in the District Court at Sitka on the 22nd of this month.
The mate of the " W. P. Say ward " was allowed out on bail in $500, and returned
last night for the trial.

I have the honor to be, sir, your obedient servant,

W. HAMLEY.
Hon. Gio. E. FosTCB, Minister of Marine and Fisheries.

IGaoloaure No.a.]

T, Andrew Laing, of Victoria, mace of the British schooner " W. P. Sayward,"
do solemnly and sincerely declare that [ left Victoria, B.C., in the schooner " W. P.
Sayward," on the KUh day of May, 1887. bound on a sealing voyage with a wew •£
seven men a 1 sixteen Indian hanturs with eight canoes. We commenced sealing
off Cape SsoLb on the north of Vancouver Inland, and killed 470 far seals in the
Pacific Ocean and entered the Behring Sea on the 2nd of July, 1S87, passing between
Unimak Island and the iHlnnd of the Four Mountains. The weather was very thisk
and foggy, and we did no sealing in Behring Sea in conseqnwnce. On the 9th July
wo were captured by the United States steamer " Eiohard iiush," being then from
thirty to forty milea off the nearest land. We were taken to Oonqlaska, where wo
arrived on the 10th July, and they laid us f.longside the steamer "St. Paul," belong-
ing to the Alaska Commercial Cornpany. They removed the seal skins and took
them ashore to the wharf aai put them in the company's warohousb, and thev
resalted the skins with salt taken from our vessel. They put a-i officer fro'

Bush " on board and towed us out to sea and told us to go to Sitka. W" v .ivwk
there on the 22ud July and on the next day an investigation was held bef d T'lJgo
Dawson, who bound us over to'appear on the ak'nd August for trial. The v ricl wtu-
left in charge of iho United States officers, ind we were only allo^ved to ren.""> onr
clothing. The Indians were left to find their way home as they could; thoj ='t»rf»
about 700 miles from their villages.

I further nay that wh»n wo were taken I spoke to the captain of the " Rush "
and told him we had not taken a beai in Bohring Sea; bo replied that, "I am
sorry for you, I have to obey orders and take everything I come across in Behriag
Sea."

And I make this solemn declaration by virtue of the Act passed in the 37th
year of Her Majesty's reign, intituled : " An Act for the suppreesioo of voluntary
and extrajudicial oaths."

A. LAING.
Tal^n and declared before me at Victoria, )

B.C., this 8th day of August, 1887. j

M. W. Trywhitt Dbaice, Notary Public.

[Encloaare No. 3.]

In tub Dis'abiot Couai of the United States fob the Diotbict op Alaska.
The United States "j

vt. [• Information.

Geokqb R. Febby and A. Lainu. )

District of Alaska, s.s.
George R. Ferry and A. L':iing nre accused by M. D. Ball, United States dis-
trict attorney for Alaska, by this information, of the crime of killing fur seals with-
in the waters of Alaska Territory — oommittod as foHows i —
65-3^

Si
if the

The said George R. Ferry and A. Laing, on the 8th day of July, A.D. ISST, ii
the District of Alaska, and within the jarisdiction of this court, to wit, in theBehric^
&«, within the waters of Alaska Territory, did kill ten far seals, contrary to th(
statutes of the United States in snoh oases made and provided, and against the peac<
and dignity of the United States of America.

Dated at Sitka the 23rd day of July, ISHI.
DiBTBiox OF Alaska, s.b.

I, M. D. Ball, United States district attorney for Alaska, being duly sworn, eaw***^ ^'
the within information is true, as I verily believe. ■ '^*"'

M. D. BALL.

Sabscribed and sworn to before me this 23r': dny of July, A.D. 1887.

H. K HAYDON, Clerk.
By A. A. Meteb, Deputy Clerk.
[L.S.]

I certify that the within is a true copy of the information filed in the cause.

H. E. HAYDON,

Clerk.
By A. A. MiTXB,

Deputy Clerk.

Personally appeared before me, Montague W. Tyrwhitt Drake, notary public,

daly authorised, admitted and sworn, residing and practising in Victoria, B.C., Andrew

Laing, mate of the British schooner •' W. P. Say ward," who stated that the above

written information waa served upon him by Mr. M. D. Ball, on the 23rd July, 1887,

. M. W. TYRWHITT DRAKE, Notary Public.

No. 66.

Sir L. S. Sackville West to Lord Lan.-n^.otove.

Washington, '/3rd August, 1837.

MyLobd, — With, reference to Your Excellency's telegram t; the 8th instant, I
have the honor to inclose herewith for the information of "Sour Excellence's Govern-
memt, copies of the reports of Captain Shepard of the United States ciuiser " Rush," ^ap*'*^'
respecting the seieure of the British sealistr vessels "Anna B«"ik." "Savward" ^^^^'^
* Dolphin," and " Grace." "^ ' 1 I

I Lave, &o.,

h. 9 T'ACKVILLE WEST.

tatee
ard

ict i

iBce-i

chco

essol
Dstri
he I]

«itka

His Bxcl'ienoy the Marquis of Lanadowne ' '.M.G., £,o.j &o.

[Enclosure No. 1.]
Mr. Fair child to M:. Bayard.

TasAsuaT Department, 19th August, 1887.
SiB,— I have the honor to acknowledge the receipt of your letter of the 13thi
instant, in which you refer to information received through the British Minioter id
to the recent seizures by United States cruisers of three British Columbian sealing!
schooners in Behring's Sea, and request such information as ihit! Dbpartmcnt pos-
sesses or can obtain from its agents, relative to paid seizures, and n reply thereto, ifcho
enclose herewith copies of the reports of the captain of the revenue cutter •• Rush "
dated the 4tb, 11th and 18th ult., reporting the seizures of the BritifihKteam schooner
"Anna Book " on the 2nd, the British steam schooner " W. P. Say ward" on the 9th,

the British steam schooner " Dolphin " on the 12tii, and the British steam sc*^

•• Graoe " on the 17th ultimo.

I am, &c.,

0. S, PAIRCHILD, Secretary.
The Honorable the Secretary of State, &o., &c., &o.

Bohr

uly, A.D. 1887, ii
nt, intheEehric^
8, contrary to th<
agaioBt the peaoi

[BncloBuro No. 3.]

Captain Shepard^ U. S. R. M., to Mr. Fairchild.

United States Ekvenue &f arim Steamer " Rush,"

0UNALA8KA, A. T., 4th July, 1887.

Sir, — I have the honor to report to the doparlmant the seizure on 30th Juno
if the schooner " Challenge," of Seattle, Washington Territory, H. B. Jones, master,
duly sworn eaift'^*^ Albert Douglas, of Seattle, W. T., President of the Douglas Fur Company.,
' managing owner," for violations of section 1,961 R. S., they havin

tf . D. BALL.

1887.

DON, CUrk.
Deputy Clerk.

in the cause.

AYDON,

Clerk.
. Miter,
Deputy Clerk.

ce, notary public,
oris, B.C., Andrew

htary Public.

ijgaSt, 1837.

LE WEST.

i-uguBt, 1887.

•tter of the 13thi
ritish Minister a
olnmbian sealing|
Dbpartmont pos

Bh steam schooner

ivard " on the Dth,

steam schooner

aving skins of female
ar seals and skins of unborn seal on board, which latter the captain and mate ad-
aitted were taken from the female seal killed by themselves or the crew of the
essel.

The " Challenge " when found was anchored at Akantan Island, Alaska. I took
ter in tow of tbe " Eash " and proceeded to Ounalaska and delivered her skins, 161
n number, to the United States deputy marehal at this plaoe, and have taken her
.rms and ammunition on board the " Rush " for safe keeping.

The crew, consisting of fifteen men all told, were shipped at Port Townsend,
17. T., by H. Bash, United States shipping commissioner, and were found present,
xcepting W. Couratz, of Germany, seaman, whom Captain Jones reports was taken
ick and sent ashore at Goose Island, Britii^h Columbia, and *' Hines," an Indian of
British Columbia, was shipped in his stead at that place.

On 2nd July, in lat. 54° 58' 00" N., and long. 157* 23' 00" W„ Cape Cheerful,

ted that the above ^i^n^^'^ska Island, bearing o. E. J B. 66 miles, i boarded and examined the British
e 23rd Julv 1887 'teamer schooner " Anna Lc jk," of V ictoria, B. C, Louis Olsen, master, Joe Bosquit, of
. ' Victoria, B. C, managing owner, on a sealing voyage, and having about 334 seal

kins on board, 19 of which the captain admitted were taken in Bahring Sea. Hia
)oats had recently been t^^kken out of the water and considerable fresh seal blood and
rarry were found on deck, indicating tbat seal had been skinned and dressed on
ward that day. I seized the vessel for violation of section 1,1)56 R. S., took her iu
ow and proceeded to Oanalaska.

This vessel was seen on 30th June in nearly the same position as when we
ound her, by Capt. Page of the nteamer " Dora," with several boats out hunting

ho 8th instant, I '^^l- ^ .

ool3enc7'8 Govern- ^ found on board a crew -^f 19 men all told (7 white and 12 Indians), and the

1 Ci'uiser " Rush " captain reported that on aOth June two boats containing two Indians eacb were lost
>ik." "Sayward'" '^^ ^^'^ ^^S ^^^ could not be found, in addition to the above number.

* I have delivered the "Anna Bock" with outfit and 334 seal akins to the United

States deputy marshal at Ounalaska. No arms or ammunition wore found on
ward .

As the officers of these vessels have to be taken oofore the United States Di»-
ict Court at Sitka for trial, to which place there is no established mode of convey-
iBce- from here, 1 have placed the officers and crews of both vebsols on board the
chooner "Challenge" and despatched Benjamin Loienyen, one of the crew of this
es^ol, duly qualified as a Deputy United States marshal, in charge, to Sifka, with
Dstructions, on his arrival at that placo, to deliver the vessel, captains and mates to
he United States marshal and to set the crews at liberty, Loroiiyen to remain at
itka artil the arrival of the "Rush " at the end of the season.

I am, ko.,

L G. SHEPARD, Captain U.S.R.M.
reply thereto, llTbe Honorable C. S. Faiuchild, Secretary of the Treasury.
9^ cutter " RoBh,'

[Enclosure No. 3.]

Captain Shepard, U. S. R. M., to Mr. Fairchild.

U. S. Revenue Marine Stbambr " Rush,"

Ounalaska, Alaska, llth July, 1887.

Sir, — ^T have the honor to inform the department that on 9th July, in tho
Behring Ssa, lat. 64" 43' N., long. 16." 51' W., Cape Cheerful, Ounalaska Island,

Secretary.

bearing S. £ true 59 miles distant, I boarded and examined the British schooner
"W. P. Sayward," 69-79 tons register, of Ylctoria, B.C., Geo. B. Ferry, master, and
W. D. Warren, of Victoria, B.C., managing owner, and found her to be on a sealing:
voyage ; had been four days in the Behring Sea.

The captain reported 485 seal skini? on board, 64 of which were taken in the
Behriiig Sea ; found the vesoel under short sail and one canoe and two Indians oat
lionting seal .

Her crew consisted of six white men all told, and 17 Indians from British
Colnmbia, and two Indians belonging to the crew of the British schooner "Anna
Book," who had lost that vessel in » fog. I took charge of the vessel's papers and
seized her for violation of sec. ; ,9L'^. R. 3 , took her in tow and proceeded to Ounal-
aska, arriving at midnigb':. %^;

I have delivered the A^^' s' s^ ;■!- ' found on board to the U. S. deputy marshal
at this place, and will sena u.a Vdseol and her crew to Sitka, Alaska, in charge of
one of the crew of this vesnel, duly qualified as a U. S. deputy marshal, with
instructions to deliver the vessel with her outfit, the caotain and mate, to the U. S.
marshal at Sitka, on arrival at that port, and to set the crow at liberty.

I am, &o.,
L. G. SHEPAlllD, Captain U. S. R. M,

[Encloaure No. 4.]

Captain Shepard, U. 8. B. M , to Mr. Fairchild.

United States Revenue Marine Stbambb " Rush,"

OuNALAsiTA, ALASKA, 18th July, 1887.

SiB,— I have the honor to inform the department that on 12th July, in the

Cape Cheerful, Ounaieska Island,
find examined the British steam

'iviWria, B. C, J. D. Warren, master
aling voyage. The veseol had been

Ivaa on board. Ten canoes and one

Behring Sea, lat. 61" 38' N., long. 157° i>o W.
bearing S. B. J S , 40 miles distant, I boar i«3fi
schconer "Dolphin," CO'IO tons register .f '
and managing owner, and found her to h-.- .»! t t
three days in the Behring Sea and had 1^^ iv.i
boat were ont bun ling seal at the time.

From the canoes 12 or more dead seal wt " taii-n on board the schooner while
we were near her, and three skinB from seal '•et •_ .y killed were found in the boat
Seised the vessel for violation of pcction l,9aF R. S., and transferred hor arms and
ammunition on board the " Rnob," namely ■± brcech-ioading rifles, 26 breech-loading
fibot-guns, 10 mnzzlf-loading shot «tiit>c^ i bomb gun, 4 revolvers, 3,404 roundH
ammunition for bieech-lcading rifles, 250 rounds ammunition for shotguns, 4 kegsi
powder, 60 lbs. sbot, and other nmall ammunition. Seiznd the 4 breech-loading
rifles and ammunition for same lor violation of sec, 1,955 R. S., and sec. 4, Execu-
tive Order, paragraph 63, dated 4th M'ly, 1887. I placed Lieutenant Dun woody in
charge, with instructions to take her :' i Ounalahka, where she arrived i ho following
day. The crew coiisieted of 7 whit'j w ;> wnd <?6 Indians from British Columbia.

On July 17th, in the Bebnng :"■■ '».t. 55°, 03 N., long. 16b«>, 40' W., Cape
Cheerful, Onnala^ka Island, bearing S. > ii<., ^(i milei distant, I boarded and exam'
ined the British steam schooner "Gratoi." 76.87 tons register, of Victoria, B.C.,
Wm. Peti* ioaster, nnJ J. .0. Warren, of Victoria, B. C, managing owner, and found
ber to be c i .^ Healiiig »^ovage ; had been ten days in the Behring Soa, and had 769
seal skies 'i> board, ^*ien boarded she had l)i canoes and one boat out hunting
sea' Saw one se:; :bi,: and taken into the boat while we were near her. Counted
12 Eeal tfsl'dii or b( ard the schooner from one canoe, and all the canoes contained
more or less seal recently killed . The captain reported taking 90 seal during the
day, and 150 the day previous. Seized the vessel for violation of section 1,966
£. S., and 2 breech-loading rifles and ammunition (or same for violation of section
1,956, R. S., and section 4, Jlxecutive Oidor, paragraph f)3, dated 4th May, 1887.

The crew consisted of 6 white men, 24 Indians and 1 Chinaman. Placed Lieut>
Benham in charge, and after waiting seven hours for her canoes to return, some of

British schooner
irry, muster, and
be on a sealing

re taken in the
two Indians oat

na from British

chooner "Anna

issel's papers and

ceeded to Oanal-

depaty marshal
:a, in charge of
marshal, with
ate, to the U. S.

rty.

V. 8. R. M.

Rush,"
July, 1887.

th July, in the
analeska Island,
e British steam
Warren, master
le vessel had been
n canoes and one

schooner while
md in the boat.
;d hor arms and
26 brcefh-loading
8, 3,404 rounds
lOtguns, 4 kegs
\ breech-loadirg
id HOC. 4, Execu-
ini Dun woody in
?ed I ho following
sh Columbia.
IB«>, 40' VV., Cape
arded and ezam-

Viitoria, B, C,
(wnor. and found
1, and had 769
tat oat hunting
p her. Counted
inoos contained
seal during the
)f section 1,966
ation of section
I May, 18S7.
Placed Lieuti

return, some of

which bad been a long distance from the vessel, took her in t ow and proceeded to
Onnalaska arriving at 9.30 this a.m .

I have delivered the seal skins from these vessels to the United States deputy
marshal at this place and will send the vefsels in charge of men from this vessel
duly qualified as United Statee deputy marshals to Sitka to be delivered to the
United States marshal for the District of Alaska.

By request of Captain J. D. Warren, of the "Dolphin," managing owner of the
schooner " Arna Beck " (seized 2nd July, as previously reported), I will send her
to Sitka in like manner.

Also, on 16th July, in the Behring Sea, lat. .55" 46' N., long. 170^ 38' W.^
Delnoi Point, St. George Island, showing N. 30 E., 63 miles distant, I boarded and
examined the schooner " Lily L.." 63-42 tons register, of San Francisco, Califor-
nia, J. W. Todd, master, and C. D. Ladd, of San Francisco, managing owner, and
found her to be on a sealing voyage ; at the time had three boats out, one of which
on returning to the vessel contained two seal recently killed. Captain Todd and
Mr. Ladd representing the owner, admitted they came into these waters for the pur-
pose and had taken seal in the Behring Sea and claimed a right to do so anywhere
outsid-^ the P-mile limit from the shore.

1 seieed the vessel for violation of section 1,956, Eevised Statutes. There being
only two commissioned cfBcers on boaid this vessel I placed boatsnain Winslow on
board the schooner to represent the United States and instructed her captain to take
her into Ounalaska, which he agreed to do, there being too much sea running at the
time to undertake to tow her to that place. On her arrival I will make further
report to the department.

I am, &o ,

L. G. SHEPARD, Captain.

No. 338.

Lord Lantdoume to Sir H. Ti Holland,

Quebec, 27th August, 1887.

Sib, — With reforenco to my despatch. No. 3i?5, of the l9th instant in regard t>

the Keizure of the sealers "Grace," "Dolphin," and " W. P. Sayward," by

*°' *• the U. S. revenue cutter ''Richard Rush," I have the honor to forward

herewith copy of an approved Minute of the Privy Council of Canada, dated 23ii

inst., to which are appended copies of the following documents : —

KnrloBaro So. 1

of No. 9.

Suclosure No. 2
of No. 9.

luolosnre No. 3
of No. 9.

1. A letter from W. Hamley, Collector of Customs at Victoria,
B.C., to the Minister of Marine and Fisheries.

2. The affidavit of Andrew Laing, mate of the seized schooner
" Sayward," sworn to at Victoria on the 8th Aujruit, U -7.

3. The information filed in the District Court ot the United
States for the District of Alaska against the master and mate of th©
" Sayward."

It is requested that these papers, copies of which were enclosed in my despatch
above mentioned may be transmitted to the Foreign Office in order that a remon-
strance may be addressed to the U. S. Government against the unwarrantable actio.i
of the commander of the "Hush," and a claim made for all dumage^ arising from
the seizure of the " Sajward " and the detention of her officers and crew.

I have, &c.,

LANSDOWNE.
Sir H. Holland.

LBDclosare No. 1.]

CiBTiFiBC Co PT of a Report of a Committee of the Honorable the Privy Councx\ approved

by Hxi Excellency the Governor General m Council on the 23rd August, 1887.

On a report, dated 17th August. IH87, from the Minister of Marine and Fish-
with reference to the seizure by the United States steamer

enes.

submitting

I! U

ill Hi

! i

" Richard Rush," on the .-Ih July last, in tho Bearing

** W. P. Say ward," ot Victoria, the following papers^:-

Enclosare No. I
of No. 9

^nolosnre No. 2
of No. 9,

EncloBure No. I
of No. 9.

Sea, of the British schooner

1. A letter Irom W. Ham ley, C-^l lector of Costoms at Yiotoria,
B.C., to the Minister of Marine and Firhories.

2. The affidavit of Andrew Laing, mate of the seized schooner,
sworn to at Victoria, on the 8th Angast, 1887, and,

3. The information filed in the district court of the United States
for the District of Alaska against the master and mate of the
"Say ward."

The MiniBter obHorves that npon reference to the affidavit of the mate of the
schooner " Say ward," it appears that all the seals on board the vessel were taken in
the Facile Ocean, and before the vessel entered BehringSea, so that even the alleged
claim on the part of the United States Government to jurisdiction in the Behring
Sea ia not available in the case now complained of; and weald also call attention to
the reply ot the commander of the United States , steamer " Richard Rush," in which
he states hid orders were " to take everything he came across in the Behring Sea."

The Ck}mmittee recommend that Your Excellency be moved to forwafd copies
of the annexed papers to the Right Uonorablo the Principal Secretary of State for
the Coloniet*, for transmission to the Foreign Office, in order that a remonstrance
may be made to the United States Government for so unwarrantable an act as that
committed by the commander of the "Richard Rash," and a claim made for all
damages arising out of the seizure of the schooner " W. P. Sayward " in the open
sea and the detention of officers and crew,'and also that copies of the papers be sent
to Her Msjerity's Minister at Washington.

All wbioii is respectfully submitted for Tour Sxcellency's approval.

JOHN J. MoGBB, Olerk of the Privy Council.

Sir E. Holland to Lord Lansdowne. ,

Downing Sibeit, 1st September, 188t.

Mt Lord, —I have the honor trj transmit to you for communication to your
Government with reference to previov.a uorrespondence, a copy of a despatch from
Her Majesty's Minibter at Wash! !igton, enclosing correspondence with the United
States Secreisiy of State relati^^e^to the racent seizure of sealing vessels in Behring
Sea, which has been received from the Foreign Office.

I have, &o.,

H. T. HOLLAND.

Governor General the Most Honorable the Marquis of Lansdowne, &o.

- T ^

/Sir L. S. West to the Marquis of Salisbwy.

Washington, 15th August, 188T.

My Lord, — In obedience to the instruction contained in Your Lordship's tele-

gram, No. 31 of the lOth inst., I informed the Secretary of State that three British
olumbian schooners Lad been seized in Behring Sea by United States cruisers a
long distanco from Sitka and that neveral other vessels were in Bight, being towed
in. I also intimated to Mr. Bayurd that in view of the assurances given in nis note
of the 3rd ol February last, Her Majeaty'tt Government had assumed that, pending
the conclusion or dinoussious between the two Governments on gcsaral questions in-
volved, ro fudhor seizures would be made by order of the United States Govern-
ment. Copy of my note is herewith enclosed. I have likewii<e the honor to enclose
to Your Lordship co|iy of a note which I have received in reply to the above com*
munication, in which Mr. Bayard states thai he can discover no ground whatever,
f^om the ezjn'osbions contained in hix note referred to, for the assumption by Her
Majesty's Government that it contained any such assurances, but that he will ascer-
tain without delay whether the oircumstttuces attendant upon the oases of tho

British sohooner

toms at Viotoria,

seized schooner,

he United States
md mate oi the

>f the mate of the
iel wore taken in
t even the alleged
•n in the Behring
> call attention to
Bush," in which
;he Behring Sea."
to forwafd copies
etary of State for
tt a remonstranoe
ble an act as that
laim made for all
'ard " in the open
he papers be sent

•oval.

'nVy Council,

tember, 1887.

inioation to your
a despatch from
with the United
»ael8 in Bahring-

HOLLAND.

Ingost, 1887.

Lordship's tele-
lat three British
States oraisers a
:ht, being towed
jiven in his note
ad that, pending
aral questions in-
i States Govern-

honor to enclose
• the above oom<
roand whatever,
imption by Her
it iie will asoer-
ihe oases of the

seizures in question are the same aa those which induced the executive to direct the
release of the vessels mentioned in his note of 3rd February.

1 have, &c.,

L. S. SACKVILLB WEST.

Sir L. West to Mr. Bayard.

WAs'HiNaTON, tlth August, 1837.

SiB, — I have the honor to inform you that Her ifajesry'a Givornment have
received a telegram from the commander-in-chief of Her Majesty's naval forces in
the Pacific, dated Victoria, B.C., Tib August, reporttn:^ the seizure by United States
cruisers of three British Columbia sealing sohoonerd in Behring Sea a long distance
from Sitka, and that several other vessels wore in sight being towed in. In con-
veying this information to you, I am requested at the same time by the Marquis of
Salisbury, to state that in view of the assurances given in your note of the 3rd <^
February last. Her Mujesty's Governmont bad assumed that ponding the conclusion
of discussions between the two Governraonis on general questions involved, no
further seizures would be made by order of the United States Government.

1 have, &o.,

L. S. S. WEST.
The Hon. T. F. Batakd, &c., &c.

Mr. Bayard to Sir L. S. S. West.

Washington, 13Lh August, 1887.

Sib, — I have the honor to acknowie Igo the receipt of your note of the llth
instant received yesterday afternoDn, informing me of a telegraphic commuaicatioa
from the commaudor-iu chief of Her Majesty's naval forces in the Paci&o, dated at
Victoria, British Columbia, 7th August, reporting the seizure of three British
Columbian sealing schooners " in Behring Sea, a long distance from Sitka," and
that " several other vessels were in sight being towed in.*'

The reference to my note to you of the 3rd of February last, which you make
under the instruction ot the Marquis of Salibbnry, has caused me to examine the
expressions contained therein, and I can discover no ground whatever for the
assumption bj Her Majesty's Government that it contained assurances " that pend-
ing tne concluf.ion of dihcussions between the two Governments on general qaestiona
involved, no further seizures would be made by order ot the United States Governr-
ment"

Until your note of the llth instant was received, I had no information of the
seizure of the sealing vessels therein referred to, and have no knowl'^ige whatever of
the oiicumstacces onder which such seizures have been made.

I shall at once endeavor to supply myself with the information necessary to en-
able me to reply to you more fully.

The cases of seizure roftrrod to in my note of 3rd February, 1887, had occurred
during the previous August, and upon the basis of the information then obtained I
wrote you as follows :

" In th's connection I take occasion to inform you that, without conclusion at
this time of any questions which may be found to be involved in these cases of
seizure, orders have been issued by the President's direction for the discontinuance
of uU pending proceedings, the discbarge of the vessels referred to, and the releastt
of all persons under arrest in connection therewith."

Having no reason to anticipute any other seizures, nothing was said in relatioa
to the possibility of such an occurrence, nor do I find in our correspondence on the
sabjoct any grounds for such an understanding as you inform me had been assumed
to exist by Her Majesty's Government.

A short time since when you called upon me and personally obtained copies of
the record of the judicial proceedings in the three cases of seizure in August last ia

V lU '

Behrisg Sea, now^^{$ «»^ .aid in relation to other caees. Whether the oiroamBtaDoesI
attendant upon the cases which yon now report to me are the same as those which [
indnoed the executive to direct the release referred to, remains hereafter to be]
ascertained, and this with as little delay as the circumstances will permit.

I have, &o.,

T. F. BAYAED.
Sir li. S. Saokvills Wist.

for
yon
able
of J
yroi

lei
mai

No. 308.

Sir H. T, Eolland to Lord Lansdowne.

Downing Stbut, Ist September, 188*7.

Kt Lobd, — I have the oBor to transmit to Tour Lordship, for communication '
to ycnr MiniHtere, with relerence to prfvicts correspondence, a copy of a letter from I
tlie Admiralty, with one from the Commerdrr-in-Chief in the Paoino, respecting. the
capture of the sealing schooner "Anna Beck " by an American revenue vessel in |
Affiring Sea.

I have, &;o.,

H.T. HOLLAND.
Ck>vemor General the most Honorable the Marquis of Lansdowne, 6 C.M.G , &c.

"Tbiumph" at Esquihalt, Bth August, 1887.

(Extbaot). — I did not visit Sitka, ihirking it as well whilst the Behring Sea
sealing question is unsettled that I should not do so.

Since my return I hear that the " Anna Beck," a sealing schooner, has been
Beiced by an American revenue vessel in Bchrirg Sea, it is reported 60 miles north-
east from St. Qeorge Island, but no reliable information as to the spot has yet
xeaohed me; as scon as it does I will forward particulars.

I have, &o.,
M. C. SEYMOUR, Rear Admiral and Commander in Chief.
!nie Secretary to the Admiralty.

[Enclosure No. 1.]

Admiralty to Colonial Cfice.

Admibaltt, 24th August, 188*7.

(ExTBiiCT).— I sm ccmmanded by my Loids Ccmmipsioners of the Admiralty
to tiansiait the accompanying extracts from a letter, dated 5th August, No. 127,
iron the Ccmmander-in-Chicf, Pacific, reporting the state of affairs at Metlakatla,
and the seizure of a pcalii^g Ecfacocer named the "Anna Beck" by an American
Tevenue vessel in the Behring Sea.

I am, Ac,

». D. AWDRY.
The Under Secretary of Stale, Colonial OflSce.

Sir Henry Holland to Lord Lantdowne.

Downing Stibit, 14th September, 1887.

Mr LoBij,— With lefererce toprevifns corrffipondence, I have the honor to
acqo&int >ou for the inforncation of yorr Minit-tcrs, that the Marquis of SaliBbury
oauEcd to be referred to the law officers thecorrefpondenca which has passed respect-
ins the seizure of the three Brititb sralirg vessels, the " Thornton," the " Carolina'*
and the •' Onward " by the United States revenue cruiser " Corwin," in Behring
Sea, and that tbey advised that a claim for compensation might properly be made
against the Unit^ States Government.

he oiroamstaDoes]
>e as those which f
hereafter to be|
ermit.

. BAYAED.

mber, 188t.

communication
of a letter from
c, respecting, the
•evenue veesel in

JOLLAND.
C.M.G , &o.

igust, 1887.

he Behring Sea

oner, has been
60 miles north-
the spot has yet

*r in Chief.

ignst, 1887.

the Admiralty

ngnst, No. 127,

at Metlakatla,

an American

AWDRY.

iber, 1887.

the honor to
i of SaliKbury
passed respect*
he "Carolina"
>i" in Behring
erly be made

I telegraphed to yoQ on the 7th instant that it was proposed to prefer a claim
f(M: oompensation against the United States Govornment, and enqairing what answer
your Ministers would suggest, but as at present advised it does not soem to me desir-
able to put forward the claims which accompanied your despatch N o. 9 of the Ifith
of January, as some of them are apparently much exaggerated and a new issue
would be raised as to the reasonableness of the claims.

In the meantime the Marquis of Salisbury has addressed the despatch, of which
I enclose a copy, to Her Majesty's Minister at Washington, desiring him to com*
municate it to the Secretary of State.

Tour Ministers will, no doubt, take this matter into consideration at the earliest
moment .

I have, &o.,

H. T. HOLLAND.
Governor General the Most Honorable the Marquis of Lansdowne, &o., &c., &o.

[BneloBure No 1.]
The Marquis of Salisbury to Sir L. W( L

FoBsioN Offiob, lOt^ September, 1867.

SiB,— By a despatch of the 30th October last (No. 214), the late Bar! of Iddes-
leigh instructed you to call the attention of the United States Secretary of State to
the circumstances cf the seizure in Behring Sea, by the American cruiser " Cor-
win," of 80me British Canadian vcfiRels; ard his Lordt'hip directAd you to state to
Mr. Secretary Beyard that Her Majesty's Government felt sure that if the prccced-
ings which were reported to have taken place in the United Stateb District Court
were correctly described, the United States Government would ad»n5ttb«ir illegality,
and would cau^e reaaocable reparation to be made to the Britibb subjects for luo
wrongs to which thty had been subjected and for tho losses which they had sus-
tained.

Bij a previous despatch of tbe 9th September, yon had been desired to ask to
be furnished ¥rith ary particulars which the United States Gt)vernment might pos-
sess relative to the seiEures in question; and on the 20lh October you were instruct-
ed to enter a prott.^t on behalf of fler Majesty's G'^^ernment, and reserve for consid-
eration hereafter all rights to compensation.

Neatly four months having elapsed without any definite information being fur-
nished by the United States Goverr.ment as to the grounds of the geizurcs, my pre-
decessor instructed you, on the hth June last, to express to Mr. Bayard the concern
of Ber Majesty'^ Government at the delay, and to urge the immediate attention of
the United Slates Government to the action of the American authorities in thoir
treatment of these vessels and of their masters and crews.

On the 3rd F'ebruarj Mr. Bayard informed you that the record of the judicial
proceedings which he had called ior was shortly expected to reach Waf^hington, and
that, without conclusion at that time of any questions which might be found to be
involved in tbete cases of seizures, orders had been issued by the President's direc-
tion for the discontinuance of all pending proceedings, the discharge of ihe vessels
riferied to, and the release of all persoiiS under arrest in connection therewith.

On the 4(h April, under instructions from me, you inquired of Mr. Bayard, in
view of the approaching fishing season in Behring Sea, whether the owners of
British vest-els might rely when not near land on being unmolested by the cruisors
of the United States, and you again atked \*hen the record of the judicial proceedings
might be expected.

Mr. Bayard informed you, in reply (12th April), that the papers referred to had
reached him, and were being examined ; that there had been unavoidable delay in
framing appropriate regulations and issuing orders to the United States vessels to

J olice the Alaskan wateis; that the fievi^ed Statutes relating to Alaska, Sections
,956 and 1,971, contained the laws of tbe United States in relation to the mattery
and that the regulations were being considered, and he would inform you at the

Mil

earlieet day possible what bad been decided, so that British and other vessels might
govern themselves accordingly.

In view of the statements made by Mr. Bayard in his note of the 3rd Febrnary,

to which I have referred above, Her Majesty's Government aasamed that, pending a

conoluBion of the discussion between the two Governments on the general question

involved, no further similar seizures of British vessels would be made by order of

the UniU'd States Government. They learn, however, from the contents of Mr.

Bayard's note of the 13th August, inclosed in your despatch No.

S'a rfNo!ie. 246 of the 16th August, that such was not the meaning which he

intended should be attached to his communication of the 3rd

February ; and they deeply regret to find a proof of their misinterpretation of the

intentions of the United States Government from an announcement rooently received

from the commander-in-chief of Her Majesty's naval forces in the Pacific, that

several more British vessels engaged in seal hunting in Behring Sea have been

seized when a long distance from land by an American revenue vessel.

Her Majesty's Government have carefully considered the transcript of record of
the judicial proceedings in the United States District Court in the several cases of
the schooners " Carolina," " Onward " and "Thornton," which were communicated
to you in July, and were transmitted to me in' your despatch No. 196 of the 12th of
that month, and they cannot find in them any justification for the condemofttion of
those vessels.

The libuls of information allege that they were seized for killing fir seal within
the limits of Alaska Territory, and in the waters thereof, in violation of section 1,95€
of the Bevised Statutes of the United States; and the United States Naval Com-
mander Abbey certainly affirmed that the vessels were seized within the waterti of
Alaska and the Territory of Alaska ; but according to his own evidence they were
seized 76, 116 and 70 miles respectively, south south-east of St. George's Island.

It is not disputed, therefore, that the seizures in question were effected at a
distance from land far in excess of the limit of maritime jurisdiction which an^
nation can claim by international law, and it is hardly necessary to add that sue
limit cannot be enlai-ged by any municipal law.

'I he claim thus sot up appears to bo founded on the exceptional title said to
have been conveyed to the United States by Eussia at the time of the cession of the
Alaska Territory. The pretension which the Busbian Government at one time pat
forward to exoiuaive jurisdiction over the whole of Behring Sea was, however,
never admitted either by this country or by the United States of America. On the
contrary, it was strenuously resisted, as I shall presently show, and the American
Government can hardly claim to have received from Bassia rights which they
declared to be inadmissable when deserted by the Russian Government Nor does
it appear from the text of the Treaty of 18C7 that Bussia either intended or purported
to make any such grant ; for, by article 1 of that instrument, Russia agreed to cede
to the United States all the territory and dominion then possessed by Russia " on the
continent of America and in the adjacent islands" within certain geographical limits
described, and no mention was made of any exclusive right over the waters of
Behring Sea.

Moreover, whatever rights as regards their respective subjects and citizens may
be reciprocally conferred on the Russian and American Governments by treaty
stipulation, the subjects of Her Majesty cannot bo thereby affected, except by special
arrangement with this country.

With regard to the exclusive claims advanced in times past by Russia, I trane*
mit to you documents 'Communicated to the United States Congress by President
Monroe in 1822, which show the view taken by the American Government of these
pretensions.

In 18^1 the Bmp :ur of Bussia had issued an edict establishing " Rules for the
limits of navigation and order of communication along the coast of the Eastern
Siberia, the north-western coast of America, and the Aleutian, Kurile and other
islands."

r vessels might

a 3rd Febraary,
that, peoding a
eneral question
ade by order of
on tents of Mr.
ir despatch No.
aniog which he
on of the 3rd
)retation of the
oontly reoeived
te Paoifio, that
Jea have been

ipt of record of
leveral cases of
oommanioated
> of the 12th of
>ndemn<!ition of

fir seal within
f section l,9&e
68 Naval Com-
1 the waters of
ID CO they were
e'd Island.
;e effected at a
ioD which any
add that sacn

al title said to
cession of the
i one time pat
was, however,
)rica. On the
the American
s which they
at. Nor doea
I or purported
igroed to cede
ussia " on the
aphioal limits
the waters of

citizens may
ts by treaty
apt by special

Bsia, I trana«
>7 President
lent of these

itales for the

the Eastern

e and other

The first section of tha<^^ edict said : " The pursuit of commerce, whaling and fish-
ery, and of all other industry on all islands, ports, and gulfp, including the whole of
the north-west coast of America, beginning from Behring Straits to the Slat degree
of northern latitude; also from the Aleutian I-land.s to the eastern coast of Siberia,
as well as along the Enrile Islands from Behring Sea to the eouth cape of tfao
Island of Amp, viz., to the 45° 50' of northern latitude, is exclusively granted to
BuBsian bubjocts ;" and seetion 2 stated : '* It is, therefore, prohihited to all foreign
vessels not oo!y to land on the coast and islands belonging to Russia, as stated above,
bat also to approach them within less than 100 Italian miles. The trangressor's
vessel is subject to confiscation, along with the whole cargo."

A copy of these regulations was officially communicated to the American Secre-
tary of State by the Russian Minister at Washington, on the 11th February, 1822,
wherenpon Mr. Quincy Adams, on the 25th of that month, after informing him that
the President of the United States had seen with surprise the assertion of a terri-
torial claim on the part of Russia, extending to the 51st degree of north latitude on
the American continent, and a regulation interdicting tu all commercial vessels other
than Russian, upon the penalty of seizure and confiscation, the approach upon the
high seas within 100 Italian miles of the shores to which that claim was made to
apply, went on to say that it was expected before any Act which should define the
honndary between the territories of the United States and Russia, that the same
would have been arranged by treaty between the parties, and that " to exclude the
vessels of American citizens from the shore beyond the ortZmary distance to which
territorial Jurisdiction extends, has excited still greater surprise ;" and Mr. Adams
asked whether the Russian Minister was authorized to give explanations of the
" grounds of right, upon principles generally recognized by the laws and usages of
nations, which can warrant the claims and regulations."

The Russian Minister in his reply, dated the 28th February, after explaining
how Russia had acquirnd her possessions in North America, said : —

" I ought in the last place to request you to consider, sir, that the Russian
possessions in the Pacifiti Ocean extend on the north-west coast of America, from
Behring Straits to the 5ist° of north latitude, and on the opposite side of Asia and
the islands adjacent from the same strait to the 4§th°. The extent of sea of which
these possessions form the limits comprehends all the conditions which are ordinarily
attached to shut seas (mers fermdes), and the Russian Government might conse-
quently judge itself authorized to exercise upon this sea the right of sovereignty, and
especially that of entirely interdicting the entrance of foreigners ; but it preferred
only asserting its essential rights without taking advantage of localities."

On the 30th March, Mr. Adams replied to the explanations given by the Russian
Mi&ister. He stated that, with respect to the pretension advanced in regard to terri-
tory, it must be considered not only with reference to the question of territorial
rights, but also to that of prohibition to the vessels of other nations, including those of
the United States, to approach within 100 Italian miles of the coasts ; that from the

Eei'iod of the existence of the United States as an independent nation their vessels
ad freely navigated those seas, the right to navigate them being a part of that
independence; and with regard to the suggestion that "the Russian Government
might have justified the exercise of sovereignty over the Pacific Ocean as a close
bea, because it claims territory both on its American and Asiatic shores, it may
soffice to say that the distance from shore to shore on this sea in latitude 51° norllh
is not less than ninety degrees of longitude or 4,000 miles." Mr. Adams concluded
as follows : " The President is persuaded that the citizens of this Union will remain
nnroolested in the prosecution of their lawful commerce, and that no effect will be
given to an interdiction manifestly incompatible with thoir rights."

The convention between the United States and Russia of the 17th April,
1824, put an Aid to any further pretension on tLo ^jart of Russia to restrict naviga-
tion or fishing in Behring Sea, so far as American citizens were concerned ; for by
article I it was agreed that in any part of the Great Ocean, commonly called the
Pacific Ocean or South Sea, the respective citizens or subjects of the high contract-

.iM\

■■\ i

! I

4»

ing powers shall neither be distarbed nor restrained, either in navigation nor fiihing,
saving certain restriotions which are not material to the present iaaae ; and a similar
Btipalation in the oonyention between this country and Basaia in the following year
(15th )iay, 1826), pat an end, as regarded British subject!), to the pretensions of
Bussia, to which I have referred, and which had baen entirely repudiated by Her
Majesty'e) Government in correspondence with the Ra«ian G)vernmeut in 18:21 and
1822, which for yoar more particular information I enclose herein.

Her Majesty's Government feel sure that in view of the considerations which I
have set forth in this despatch, which vou will communicate to Mr. Bayard, the
Government of the United States will admit that the seizure and condemnation of
these British vessels, and the imprisonment of their masters and crew.4, was not
warranted by the circumstances, and that they will be ready to afford reasonable
compensation to those who have suffered in consequence, and issue immediate ia-
strnctions to their naval officers which will prevent a recurrence of these regrettable
incidents.

I am, &c.,

SALISBURY.

Sir JEL. T. Holland to Lord Lansdowne.

Downing Stbkbt, 16th September, 188Y.

My Lord, — I have the honor to transmit to you, for communication to Tour
Lordship's Ministers, copies of despatches from Her Majesty's Minister at Washing-
ton, respecting the seizure of British Columbian vessels in Behring Sea which have
been received from the Foreign Office.

I have, &c.,

H. T. HOLLAND.
Governor General, the Host Honorable the Marquis of Lansdowne, G.O.M.G., &c.

[Bnoloiure No. 1.]
Sir L. Wett to the Marquis of Salisbury.

Washinqton, 20th August, 1887.

Mt Lobd, — It would appear from reports of Captain Shepard, of the United
States reveouA cutter " Rush," that the "Say ward" was captured 50 miles and the
" Dolphin " 40 miles from Cape Cheerful, while the " Grace " was seized 95 miles
from Oanalaska.

Cape Cheerful does not a^ppear on any map or chart, but is supposed to be the
northernmost point of the Island of Ounalaska.

The Islands of St. George and St. Paul (Pribyloo Islands) are distant 180 miles
from Ounalaska, ho that at the time of the seizure of the *> Grace " that vessel would
have been 85 mil^o distant from them.

To reach the breeding grounds on the Islands of St. George and St. Paul, the
seals pass regularly through the channel which separates the Island of Ounalaskft
fro.m the Island of Akutan, and that which separates Akutan from the Island of Uni-
mak, called respectively the Akutan and Unimak Passes, and it is here that the
sealers lay in wait for them on their pasnago.

It is maintained that the capture of seals in this manner is in violation of section
1,956 of the Revised Statutes of the United States, and that ships so capturing them
are within the limits of Alaska territory or in the waters thereof.

Bat, apart from the question of territorial limit and right to seize vessels in the
open 8oa, it is argued by impartial persons that unless some arrangement is made
for the protection of these valuable anim^ils on their passage to the breeding grounds,
the genus, as in the case of beaver, will gradually become extinct.

It is a known fact that few, if any, seals pass outside the Island of Ounalaska to
their breeding grounds, which exist only on the Pribyloo Islands, and that their
passage is as regular as their breeding season.

I have, Ac,

L.S.StWESI.

Mr.

lioo nor fiihtojf,
and a similar
} following year
pratoDsions of
iJiated by Her
mt in 18;iil and

'atioos which I
[r. Bayard, the
>ademnatioD of
crew.4, was not
ford reasonable
immediate ia-
lose regrettable

LISBURY.

nber, 1887.

ioation to Yoor
ter at Waahing-
Sea which have

OLLAND.
0.tLQ., &o.

jast, 1887.

of the United
* miles and the
seized 95 miles

posed to be the

itant 180 miles
it vessel would

St. Paul, the

of Oanalaska

Island of Uni-

bero that the

ition of section
apturing them

I vessels in the
nent is made
idiDg grounds,

Ounalaska to
id that their

3* WESjP.

Mt Lobo,-

[Baclosure Ho, 2.]

Sir L. West to the Marquis of Salisbury.

Washihqton, 22nd August, 1887.
-Since writing my preceding despatch I have received privately from

enclose to Your Lordship herewith.
The State Department is not in possession of any further information.

I have, &o.,

L. S. SACKVILLE WEST.

P. S. — I have communicated copies of Captain Sfaippard's reports'to the Governor
General of Canada.

L. S. S. W.

Jjord L<msdov>ite to Sir Henry Holland.
(Telegram.)

23rd September, 1887.
I understand that after Mr. Bayard's announcement of the 3rd February reapeoU
ing Behring Sea seizures instruotions were sent in accordance with it to tbe Alaska
authorities by telegraph that an instrument for tbe roleai^e of tbe vessels was there-
upon issued by the district Judge, but that subsequently, on the iissumption that the
telegram was forged, he rescinded tbe order; that no steps have been taken by the
department since ; the vessels are still detained. My Government trusts the facta
will be enquired into.

No. 372.
Lord Latisiowne io Sir H. T. Holland.

QusBBO, 2«tb September, 1887.

Sib, —In continuation of my despatch No ^ii of tUe 27th of August, and in
reference to previous correnpon dense, I have the honor to enclose herewith
^^' ^^' a cop7 of an appr-^^ed Minute of the Privy Council of Canada, dated Jlst of
September, 1887, coverii i(.;iie8 of a report of my ifinister of Marine and Fisher-
ies relating to the seizure .lui detention of the Canadian sealing schooner " Alfred
Adams," and of other Canadian sealing vessels by the United States authorities in
the Behring Sea.

The letter directed to the Unite i States District Attorney at Sitka, marked " D"
in the Minister's report, which camo into the possession of my Government under
the circumstances described in tbe declaration of Captain Oyer, of the " Alfred
Adams," has been forwarded, together with copies of the papers, to Hor Majesty's
Minister at Washington.

The circumstances under which the " Adams" was seized do notditfer materially
from those attending previous seizates in the same waters. I have already laid
before you the reisons which Iwive led nay Government to protest ag liosL the
assumption that the statutes under which other seizaroa, and I presume this also,
have been made. Statutes governing tbe condujt of persons 6s'\ing within " the
territory of Alaska" or "in the wit^iM thereof" ^vide U.S. Bavisod Statutes,
1,965-1,956 J are applicable to the whole of the waters of the Babring S^a; anlia
cases where, as in those under discu^iiion, the vessels seized wore found fishing at a
great distance from the nearest land.

I trust that the earnest attention of Her Majesty's Government will bo given to
the statements contained in the Minister's report. No satisfactory explanation has
yet been given of ^e action of the United States Government subsequent to Mr.
Bayard's announcement of 3rd February, of the present year, when it was stated by

4ti

him to Hor Majesty's Minister at WaHhin^tnn, that "orders bad boon issned by tho
IVesidoni't* direction for tho discontinuance uf all ponding proceedings, the dlBcbargo
of tho vessels referred to and the release of all persons under arrest in oonneotion
therewith."

You will observe from Mr. Foster's recapitulation of the evidence which he has
been able to collect and the documents attached to his report that an impreseionpre-
vails upon the spot to the elTeot that orders such as thoso denoribed by Sir L. West,
were actually issued from Washington. There appears at all events to bo some rea-
Bon for believing that a telegram authorizing the release of the vessels then under
detention was in fact received by the district Judge, and that instructions were
thereupon issued by him for the purpose of carrying out these orders. The ciroum-
stancefe under which those instructions are said to have been Hubsequently resoiuded
by the dibtriot judge lave not unnaturally given rise to the gravest suspicion.

The Minister has called attention with great forou ut his report to the injury
anatained by persons engaged in the sealing industry from the suspense and uncer-
tainty in which they have bsen kept during the past year owing to the refusal of the
United States Government to giT ^ any explicit assurances ad to the treatment which
they might expect at its hands

I have, &c.,

LANSDOWNB.
The Right Honorable Sir E. Holland, &o., &o.. &o.

[Bnoloiure No. l.]

0«BTiFiiD Copy of a Report of a Committee of the Honorable the Privy Council, approved
by Mis Excellency the Governor General in Ccuncil on the 2]$t September, 1887.

The Committee of the Privy Council have b&d under consideration the annexed
report of ibe Minister of Marine and Fisheries with reference to the seizure and
detention of Canadian sealing vessels by the United States authorities in fiehring
Sea.

The Committee concur in the eaid report, and they advise that Your Excellency
be moved to transmit a copy of this Minute and the annexed papers to the Bight
Honorable the Secretary of State for the Colonies.

All which is submitted for Year Excellency's approval.

JOHN J. MoGEE, Clerk Privy Council.

[Bnolosnro No. 3.]

Ottawa, 15th September, 1881.

With reference to previous correspondence concerning the seizure and detention
of Canadian sealing vessels by the United States authorities in Behring Sea, the
Minister of Marine and Fisheries begs to eubmit for the consideration of His Excel*
leney the Governor G-eneral in Council tho following papers: —

(a.) A letter from Collector Hamley, of Victoria, B.C., dated 1st September,
188*7, enclosing certain papers in reference to the seizure of the Canadian sealing
schooner " Alfred Adams " in Behring Sea ;

(b.) The declaration of William Henry Dyer, of Victoria, B.C., master of the
Canadian schooner 'Alfred Adams " ;

(c.) A certificate of seizure of tho " Alfred Adams " signed by L. G. Sbepard,
captain of the United States revenue steamer " Kueh " ;

(d.) A sealed and unopened letter directed to the United States district attorney
and the United Statea marshal, Sitka, Alaska.

(*!.) A letter from Collector Hamley, of Victoria, B.C*, dated 26th July, relating
to the detent' on of the Canadian schooners " Onward," "Carolina "and "Thornton,
seized in Au/;,U8t, 1886, by the United States cutter " Corwin " in fiehring Sea.

(/.) Copy of a telegram and order purporting to be from the United States
Attorney General and Judge Dawson respectively, relating to the release of the above
named veesels ; and

an issaed by tho
igs, tho diHcborgo
8t in oonneotion

ice which he han
n impressionpre-
by Sir L. West,
a to be some rea-
uiels then under
astractions were
rs. The oiroam-
upntly roBoinded
Buapioion.
't to the injury
onse and anoer-
ihe refasal of the
treatment which

!fSDOWNB.

Council, approved
Umber, 1887.

ion the annexed
the seizare and
[ties in fiehring

four Excellency
8 to the Bight

ivy Gouncil.

•er, 188T.

e and detention
bring Sea, the
1 of His Excel-

Ist September,
nadian sealing^

master of the

I. G. Shepard,

istrict attorney

I Jaly, relating
d " Thornton,^'
ing Sea.
United States
«e of the above

(a.) A letter, dated 3rd September, 1887, from the law firm of Drake, Jaoksoa
A Helmoken, of Victoria, containing additional information relating to tho aame.
From the above mentioned p&^ora, it appoars that on th« 6it) of Aaj(Uiit, 1887,
the Cinadian schooner " Alfred Aaama," wbilat engaged in catching aeala in the
open sea, more than fifty milaa distant from the nearest land, was forcibly soizad by
an armed vessel of the United States, her ship's papers taken, her cargo of seal
skins, thirteen hundred and eighty-six (1,386) in number, together with all her armd,
ammunition and fishing implements transferred to the United States cutter, and her
captain ordered to proceed with sealed orders to Sitka and to deliver himself, his
vobmI and men, into the hands of the United States marshal at that plaoo.

This treatmont of the " Alfred Adams," whilst peaceably pursuing her lawful
callii .; on the high seas, is but a repotition of the unjustifiable aeizares of Canadian
vessels made by the Uaited States aaihonties in Bjhriag Soa, and which have baoa
dealt with at length in previous /eparts to Council.

The Minister, tberufore, does not consider it necessary in this instance to tra-
verse tho >und already ho fully covered and recommends that a copy of this report,
with the jiupers attacled, be forwarded to Her filaj<)Bty's^Government for their earnest
and immediate consideration, ar.d that a copy thereof bo sant to the British Minister
at Washington, together with the sealed lotter given by Captain Shepard to the
master of the " AJams," with the requent that it be forwarded to Mr. Secretary
Bayard. With reference to the attached papers "E," "F" aad "G," the Minister
obiorves that, from the first, " B," it appears toat inquiries made by the Collector of
Customs at Victoria, B.C., in July last, resulted in his obtaining the information that
Jadge Dawson had, up to that date, received no orders for the release of the Cana-
dian seal ng vessels seised in 1886, that the vessels had not boon sold and remained
still under seizure, and that Judge Dawson when questionel as to the report that a
telegram bad been sent to him by the Attorney General of the Uaited States order-
ing the release of the vessels, hid replied that he had heard of this report before
bat that nothing of the kinl had reaohid oither himself or the Uaited States mar-
shal at Sitka. The paper marked " F " purports to b3 a copy of a telegran dated
26th January, 1887, from the United States Attorney-General Gnrland to Jadgo
Dawson ordering him to release the vessels seized in August preceding, and of order
fonoddd thereon from Jadge Dawson to the United Slates marshal at Sitka, bearing
date 19. h February, 1887, directing him to release the "Carolira," "Onward,"
"ThorntOD," and " San Diego " together with all their tackle, apperel, skins, guns,
ammunition, small boats and everything pertaining to said veesols. The third paper
marked " G," is a copy of a letter from the law firm of Drake, Jackson & Helmcken,
of Victoria, B.C., to the Minister of Justice, informing him that they are advised that
a telegram was received by Judge Dawson from the United States Attorney General
ordering the release of the vessels above referred to, that Judge Dawson did issue an
order accordingly, but that he afterwards resoinded the order on the assumption that
the telegram was a forgery and that since '*^ no official letters of any sort, either
confirming the telgram or respecting the atf lir bai boea received at Sitka."

The Minister ob-ierves that if the information conveyed in the above mentioned
papers is correct, of which there appears no reasonable doubt, it reveals a state of
tif airs by no means satisfactory.

Oa the 3rd of February, 1887, Mr. Secretary Bayard informed the British Min-
ister at Washington, that " orders have been issued, by the President's direction, for
the diacoatinuance of all ponding proceedings, the discharge of the vessels referred
to, and the releai^e of all persons under arrest in connection therewith." A telegram
in accordance with Mr. Bayard's oomrnunioation appears to have boea sent to
Alaska, and an order based thereon to have been issuei by the distriot judge, but to
have boon aiteiwards rescindjd, and no further action has been taken up to date of
latest information. Meanwhile the vesseh remain under soizare, the seal skins are
forfeited, and the property of Canadian citizius forcibly withhold from them under
circumstancas which involve vary great lois and damage.

65—4

prnr

The Miuister farther ohserve» that, with a view of guiding the aotion of Caiia-
dian citizens interested in sealing in the northern soas, repe&ted attempts wore
made previous to the commonoemeat of the preBont seaBon to obtain an ofiScial ex
pression from the United States Government of the policy they proposed to pursue
in their treatment of foreign vesseU sealing in Behring Sea, but that, tbent) efforts
proved altogether unavailing. From Mr. Bayard's commanication of 3rd Fobrnary,
1887, abovfl referred to, the fair inforence, howevo.", was to be drawn that, uatil the
question in dispute between the two Governments as to the legality of the previous
beizures had been finally disposed of, no further seizures would be made. And there
is no doubt that o.i the stren|;th of this commuuioation and in the absence of any
explicit statement of policy to the contrary, Canadian cilizenH did, in the beginning
of the present season, embark upon tboir customary sealing expeditious to Behring
Sea, under the reasonable impression that they would not be interfered with by the
United States authorities, so long i»s they conducted their operations in the open
sea, only however to find their vessels seized, their property confiscated, and their
ventures completely ruined.

It is r6<^pectfully submitted that this condition of affairs is in the highest degree
detrimental to the interests of Canada, and should not be reimittcd to continue. For
nearly two years Canadian vessels have been exposed to arbitrary seisure and con-
fiscation in the pursuit of a lawful occupation upon the high seas, and Canadian
citizens soibjected to imprisonment and serious financial loss; while an important
and remunerative Canadian industry has been threatened with absolute ruin. Tbiiti
course of aotion has been pursued by United IL'tates officers in opposition to the con!
tention in the past of their Government in regard to the waters in which ibe>-e
seizures have taken place, in violation of the plainest dictates of international law
&n'\ in the face of repeated and vigorous protests of both the Canadian and Britioh
Goverv^ments.

'.he Min" .ler advises that Her Majesty's Government be again asked to give
its berious and immedi^ite attention to the repeated reraonstrauoos of the Canadian
Government agaiotit the unwarrantable action of the United Slates in respect to
Canadian veseeis in Behring Sea, with a view to obtain a speedy recognition of its
j;i«t -ights and full reparation for the losses sus^c^'ned by its citizens.

The whole repectfuily submitted.

GEO B. FOSTEI^, Miniater of Marine and Fisheries.

[ Bnclosnre Ho. 3a ]

Hon. Mr. Ham'ey to Hon. Mr. Foster.

Custom House, Victoiua, Ut September, 1887.

SiB, — On the 7lh August, the master of the Utited States revenue cuttei
" Hush " seized in Behring Sea, 60 miles from any land, the Canadian sohoonerl
•♦ Alfred Adams." — Her register, clearance, gun.j and ammunition and the seal skins
she had taken (1,386) were all taken from her and the vessel herself ordered toS;tka.
No one from the revenue cutter was pat on ho>»rd by Captain Shepard, and the mafrl
ter of the " Aiued Adams " instead of going as he was desired to Sitka, returned to
Victoria, arriving here 3 Ist August. 1 forward the master's deposition before
notrry public and what Captain Shepard is pleased to term a certificate of the
schooner's seizure signed by himself. Mr. JDrako, a solioiior, is at Sitka waitiii)il
for the case to be heard in court; the trial was delayed for the arrivul of the " Rush
and she was expected about the beginning of this month. Mr. Drake, will no doubt,
re|K)rt direct to the Minister of Justice.

I have th'^ I'onor to be, sir, your obedient lervant,

W. HAMLEY.
I enclose also a sealed letter addressed by Captain Shepard to the district
attorney and United States marshal, at Sitka, which the master of the "Alfred

e action of Gaiio-
d attempts wore
.in an official ex
reposed to parsue
; that. theHi) ctTorts
I of 3rd Fobruary,
na that, aatil the
;y of the previous
aade. And there
le absence of any
in the beginning
itiouB to Behring
fered with by the
ktions in the open
icated, and their

be highest degree
1 to continue. For
seieare and cou-
i&n, and Canadian
lile an important
olute rain. This
)sition to the con
's in which ihet^o
international law
dian and firitibb

Q asked to give
of the Canadiao
)H in respect to
jcognition of its

tnd Fisheries,

ember, 1887.

revenue cutteij
anadian Bchoonoti
nd the seal skinei
'ordered to S.tkal
rd, and the mat^l
ika, returned to!
OHition before ai
;ert!ticate of theS
.!' Silka waitingi
il of the « RuHh
Id, will no doubtj

AMLBY,

to the distrioti
of the "Alfred^

Adams" bronght down with him and which you can deal with in any way you think
fit.

W. HAMLEY.
The Honorable Geo. B. FoHTEa, Minister of Marine.

[BncloaureNo. 4i.]

Declaration of W. H. Dyer.

In the matter of the seizure of the sealing schooner "Alfred Adams" by the
United States revenue cutter " Richard Rush."

I, William Henry r>yer, of Victoria, B.C., master mariner, do BOiemniy and
eincersiy declhre that: —

1. 1 am the master of tLe schooner " Alfred Adams," of the port of Viot^ i,
Britiah Calumbia, engaged in the basines*) of catching soaU. On the 6th of Aagust,
1887, while on board the said schooner and in command of the same, being in lati-
tude 54° 48 N. and longitude 167° 49' West, the United States revenue cutter
" Richard Rush " steamed alongside, lowered a boat commanded by the first lieuten-
ant and boat's crew. The said lieutenant came on board the saidf " Alfred Adams "
and ordered me to take the ship's register, log-book, articles and all other of the
ship's papers on board the " Richard Rush." In obedience to his command I took
all said papers and accompanied the said lieutenant on board the " Rash." When I
arrived on board the " Rush " the captain of the '* Rush " asked me what was m/
bueinesB in the Behring Sea. I replied taking seals. He enquired how many skins
I had. I replied 1,386. He then said he would seize the ship, take the skins, arms,
ammunition and spears. I stated I did not think the ship was liable to seizure, as
we had never taken a seal within 60 miles of Ounalaska nor nearer St. Paul's than HO
miles sooth of it, and that we had never been notified that the waters were prohibited
unless landing and tauing them from the Island of St. Paul's. He stated he nuist
obey the orders of his Government, and that our Government and his most settle the
matter, and ordered me to proceed on board the said schooner and deliver up my
arms, ammunition, skinu^and spears. He sent two h'<ats belonging to the " Rush "
in charge of the first and second lieutenant of the " Rush " respectively, and manned
with sailors from the " Rush," who came on board the said schooner (I returning in
company with the first lieutenant). They took from the said schooner 1,386 (thir-
teen hundred and eighty-six) skins, four kegs of powder (3 triple F and 1 blasting
powder), 500 (five hundred) shells, three cases of caps and primers, nine breeoh-
loading dou/ 3-barrelled shot guns, one Winchester rifle, all in good order, and twelve
Indian spp'^^e, and he then, gave mo a sealed letter addressed to the United States
marshal ' a>' United States district attorney at Sitka; he also gave me an acknow-
ledgment, oi the goods taken and also gave me a certificate that the said schooner
was under eeizure,and after being alongside for about three and a half hours, I received
orders in writing to proceed to Sitka and report to the United States district attorney
and marshal. We then parted company, ^y crew consisted of myself, mate, two
seamen, one Chinese cook and twenty-one (21) Indians. Previous to the said seizure
we had spoken the schooner" Kate," of Victoria, and had been informed by the mate
of that vessel that the crews (and particularly the Indians) taken to Sitka on
bohooners previously seized had been very badly treated. The Indians became very
mutinons on learning that we were to proceed to Sitka and report to the United
States authorities, and declared they would not go to Sitka, and to avoid trouble I
came to Victoria instead of going to Sitka. I arrived in Victoria on the Slst August,
1887, at about 7 p.m.

And I make this solemn declaration conscientiously believing the same to be
true, and by virtue of the Oaths Ordinance, 1869.

W. H. DYER.
Declared before me this 1st day of
•, 1887, at Victorii
British Columbia.

H. DALL4B H»lmck:«n, a Notary Public in

and for the Province of British Columbia.
66-4^

of)
ria, V

mnr

[Bncloflure No. 6e ]
Certificate of Seizure.

United States Revenue Steamer " Rjsh,"

£EHRiNa Sea, 6th August, 1887.
To whom it may concern ;

This will certify that I have this day seized the British schooner "Alfred
Adams," of Victoria, B.C., Captain W. H. Dyer, master, for violation of lav, and
ha^e taken charee of his ship's papers, viz : Register, shipping articles, clearance
bill of health and log book ; also her arms and seal nkins.

Very respectfully,

L. G. SflEPARD, Captain U.iS.R.M.

[Baclosare No. 6« ]
Hon. Mr. Hamley to Hon. Mr. Foster,

Custom Hou:)E, Viotobiv, 26th July, 1887.

Dear Sir, — Captain Carroll, master of the American steamer "Olympian," has
been taking parties of ezcarsionists to Sitka, and I asked him to see the judge, Mr.
Dawson, and find out something we could trust respecting the seized vessels.
Dawson told him he had received no orders whatever for the release of the vessels ;
they have not been Eold, and remain as they were, under seizure. Captain Carroll
told Dawson of the telegram, dated last January, purporting to have oeen sent by
Mr. Garland, Attorney General at Washington, in the President's name, ordering
the vessels to be released. Dawson said he had heard of it before, and that it must
have been, as he termed it, a " put up thing," as nothing of the kind had reached
either himself or the United States marshal at Sitka.

The serious part is, that our people trusting to the story of the order for release,
have sent thirteen vessels again this year to the sealing grounds — one has been
seized already, and if the ulLers fall in the way of the revenue cutters they will
probably Me seized also. I may perhaps hear something more from the Admiral
when he returns from Alaska, and if so I will write to you again.

Yours very truly,

W. HAMLEY.
To the Honorable Geo. E. Foster, &c., &o.

[Rncloaure No. 7/]
Attorney General to Judge Dawson.

Washington, D.C, 26th January, 1887.

To Judge Lafatettb Dawson and M. D. Ball, United States District Attornev.

Sitka, Alaska:

I am directed by the President to instruct you to discontinue any farther pro-
ceedings in the matter of the seizures of the British vessels "Carolina," "Onward,"
and "Thornton," and discharge all vessels now held under such seizure and release
all persons that may be under arrest in connection therewith.

A. H. GARLAND, Attorney General.

[Bnoloiare No. 8f. ]
Judge Dawson to United States Marshal.
To Babton Atkins, United States Marshal for the District of Alaska :

Yon are hereby directed to release the vessels " Carolina," " Onward," and
" Thornton," and " San Diego," which were seized in Behring Sea for violation of
section (1,956), United States statutes, together with their tackle, apparel, skins,
guns, ammunition, small boats and everything pertaining to said vessels, this 19th
day of February, 1887.

LAFAYETTE DAWSON, District Judge, District of Alaska,

just, 1887.

)oner "Alfred
on of lav, and
:leB, clearance

U.S.R.M.

ily, 1887.

lympian," has
the judge, Mr.
leizod vessels.
)f the V ossein ;
'aptain Carroll
Q been sent by
ame, ordering
id that it must
id had reached

ler for release,

■one has been

tiers thgy will

the Admiral

:amley.

ary, 1887.
iot Attorney,

y farther pro-
^' "Onward,"
re and release

y General,

Onward," and
p violation of
pparel, skins,
lis, this 19th

/ Alaska,

LEncloEure No. 9^.]
Messrs Drake, Jackson, <& Helmcken to Minister of Justice.

Victoria, B.C., 3rd September, 1887.

Sib, — We have the honor to inform you that we are in receipt of a letter from
our Mr. Drake, written from Silka under date 28th August, in which he states that
a telegram was received at Sitka, relative to the schooners seized last year, from
the United States Attorney General Garland, directing their release and discharge
of the men. The judge gave an order accordingly which was afterwards rescinded
on the aesomption that the telegram was a forgery. No official letter of any sort
either coiufirming the telegram or respecting the affair has been received at Sitka.
The schooners now seized and at Sitka are the " Anna Beck," " W. P. Say ward,''
" Dolphin," and " Grace." The " Alfred Adams," was also seized. The trial of the
present men, Mr. Drake states, would not take place until after the arrival of the
revenue cutter " Eosh " ; also that judging from the past and the views held by the
court, the result would most probably be the same and urges that immediate steps
should be taken to prevent the imprisonment of the masters, and that he would
obtain declarations from the masters duly certified, and enter a protest at the trial.

The " Eush " was not expected at Sitka until yesterday.

Eegarding the seizure of the '' Alfred Adams," we have to state that that
schooner has arrived here safely. The declarations of her captain. Dyer, and his men
have been duly taken, whic h her owners, Messrs. Guttman & Frank of this city yes-
terd»7 banded to Hon. Mr. Hamley, Collector of Customs, together with a sealed letter
wh i t'ife commander of the '• Bush " bar ded to Captain Dyer to be delivered to the
district attorney at Sitka. These papers no doubt Mr. Hamley has already forwarded
to the proper department.

We have siivo forwarded a copy of this information to the Eight Honorable Sir
John A. Macdonald, K.C.B.

We 1 .ive, &o.,

DEAKB, JACKSON & HBLMCKBN.
The Honorable J. S. D. Thompson, Minister of Justice, Ottawa.

Deputy Miniii'tr of Justice to Deputy Mini&ter of Fisheries.

[Enclosure No. 10.]
Depaktment of Justiob, Canada, Ottawa, 12th September, 1887.

Sib,— I have the honor to encloge for your information a copy of a letter which
has been received by the Mt ulster of Juatioe from Messrs. Drake, Jackson &
Helmcken, in which they report with reference to the sealing vessels which have
been seized in the Bohring Sea by the United States authorities.

I am to state 1 hat the Minister of Justice has taken no action with respect to
this communication, but that he is of the opinion tb at the Minister of ^'irine and
Fisheries should at his earliest Convenience take steps to communicate t. bstanoe
thereof to the Colonial Office and to the British Minister at Washington.

1 have, &c.,

GEO. W. BURBIDGE,
The Deputy Minister of Fisheries, Ottawa. D. M. /.

lord LansJowne to Sir L. S. West.

Citadel, Qoebec, 26th September, 1887.

Sib, — With reference to previous correspondence I have the honor to forward
herewith for your information a copy of an approved Minute of the Privy Council of
Canada, dated 2lBt inst., covering copies of a report of my Minister of Marine and

Fisheries and other papers relating to the seizure and detention
KncloBures of No. 32. of the Canadian sealing schooner "Alfred Adams " and other

Canadian vessels by the United States authorities in Behring Sea.

The sealed letter addressed to the United States district attorney and United
States Marshal at Sitka, Alaska, came into the possession of my G-overnment under
the circumstances described in the statutory declaration of Captain I>yer, of the
*' Alfred Adams." I shall be much obliged if you will have the goodness to cause
the letter to be forwarded to Mr. Secretary Bayard. I should add by way of expla-
nation that the envelope of the letter which is described by the Minister in his
report as " sealed and unopened," appears to have been worn through at one end
during the transmission of the papers by post.

LANSDOWNE.
The Honorable L. S. Saokville West, K.C.M.G.

Sir H. Holland to Lord Lantdowne.

Downing Street, 29th September, ISSY.

My Lord,— I communicated on 27th inst. to the Secretary of State for Foreign
Affairs, copies of your Lordship's despatches Nos. 325 and 338 of the 19th and 27th
of August, respectively, relating to the seizure in Behring Sea by a United States
revenue cutter of the British Columbiau vessels "Grace,"" Dolph'n" and "W. P.
Sayward."

I now have the honor to transmit to you for the informatiom of yonr Ministers,
a copy of a letter from the Foreign Office, enclosing a copy of a despatch which the
Marquis of Salisbury has addressed upon this subject to Her Majesty's Minister at
Washington.

I have, &o.,

H. T, HOLLAND.
Governor General, the Most Honorable the Marquis of Lansdowne, G.O. M. G., &c.

[.BncloBure No. l.]
foreign Office to Colonial Office.

FoBBiGN Office, 27lh September, 1887.

Sir, — I laid before the Marquis of Salisbury your letter of the 15th instant, en-
closing despatches and other papers received from the Governnient of Canada, rela-
tive to the seizure in Behriiig's Sea by the United States revenue cutter " Richard
Eush," of the British Columbian vessels, the " Grace," the " Dolphin " and the '• W.
P. Sayward."

« Lord Salisbury has instructed Her Majesty's Minister at Washington to make
representations to the United States Governmeat in regard to these cases, in connec-
tion with those of the " Carolina," " Onward " and " Thornton ;" and His Lordship
has directed Sir L. West to call attention to the tact that in the case of the " W. P.
Sayward" according to her mate'tj deposition no seals were taken by her crew in
Behring Sea, as is alleged in the libel of information tiled in the United States Dis-
trict Court.

I enoloce a copy of the despatch addressed to Sir L. West for the information of
Secretary Sir H. Holland .

I have, &c.,

W. P. CURRIB.
The Under Secretary of State, Colonial Office,

lEnclo8ure No. 2.]

Lord Salisbury to Sir L.8. West.

Foreign Office, 27th September, 1887.

Sir, — I transmit to you herewith copies of two despatches, No. 326, 19th and
No. 338, 27th, ultimo, addressed to Her Miijesty's Secretary of State for the Colonies
by the Governor General of Canada, forwarding papers relative to the seizure in

Behring Sea by the United States revenue cutter " Richard Rush, " of three British
Columbian vessels, the " Grace," the " Dolphin," and the " W. P. Sayward."

I have to request that you will make a representation to the United States
Government on the subject of the seizure and detention of these vessels, in connec-
tion with the representations which 1 instructed you to make in the cases of tho
" Onward," the " Carolina " and the " Thornton," and that you will reserve all rights
to compensation on behalf of the owners and crew.

You should point out to Mr. Bayard, that in the case of the " W. P. Sayward '*
according to the deposition of her mate, no seals had been taken hy her crew in
Behring Sea, as is allaged in the libol of information filed on behalf of the United
States district attorney in the District Court of Ala^lra.

I am, &c.,

SALISBURY.
The Hon . Sir L. S. West, E.C. M.G., &o., &o.,

Sir n. Holland to Lord Lansdowne.

Downing Street, 29th September, 1887.

My Lord, — I have the honor to acquaint you that I duly communicated to tho
Secretary of State for Foreign Affairs, your telegraphic message of the iJrrd instant,
„ „. reporting that the vessels seized in Behring's Soa last year were

° ■ still detained b'f' the United States authorities.

I have now to transmit to you for communicatioa to your Ministers a copy of a
despatch which Lord Salisbury has addres'^ed to Her Majesty's Minister at Washing-
ton, dated 27th instant, directing him to enquire the reason why these vessels have
not been released.

I have, &P.

H. T.HOLLAND.
Governor General the most Honorable the Marquis of Lansdowne, &o., &c., &c.

formation of

[Bacloaure No. 1.]
Lord Saliaburry to Sir L. West.

Foreign Office, 27th September, 1887.

Sir, — I transmit to yon, for your information, a copy of a letter from tho
Colonial Office, dated 24th instant, enclosing a telegram from the Governor General
of Canada, from which it appears that the British schooners " Carolina," " Onward "
and "Thornton," referred to in your despatch No. 34 of tho 4lh February last have
not yet been released .

In his note of the 3rd February, enclosed in your above-mentioned despatch,
Mr. Bayard stated that " orders have been issued, by the President's direction, for tho
discontinuacoo of all pending proceedings, tho discharge of tho vessels referred to,
and the release of all persons under arrest in connection therewith."

Her Majesty's Government regret to learn that delay has taken place in tho
release of the three vessels, and I have to instruct you to enquire the reason why tho
directions of the President, as above quoted, have not been carried out.

I am, &c,,

SALISBURY.

<t :

[EacIoBure No. 1 ]

Colonial Office to Foreign Office.

Downing Street, 24th September, 1887.

Sib,— With reference to your letter of the r2th August last, and to recent corres-

fiaeloiure No. 1. pondence, 1 am directed by Secretary, Sir Henry Holland, to transmit

of No. 8. to yoQ, for Buoh action upon it as the Marquis of Salisbury may think

proper to take a telegram received this day from the Governor General of Canada,

'U'.l

relating to iheqaestion of the releaee of the British Colambia sealing
No. 21. vessels eeised by the United States aalborities in Behring Sea.
This telegram appears to relate to the vessels seized last year.
I am to requebt to be informed of any oomtnunication which may be made to the
United States Government in order that a reply may be sent to the Governor General.
• 1 am, Ac.

JOHN BRAMSTON.

rect

Bed

Sir H. Holland to Lord Lansdowne.

Downing Stkekt, 8th October, 1867.

My Lord,— I have the honcr to transmit to yon for the information of your Gov-
ernment, with reference to previoas correspondence, a copy of a det^patch from Her
Majesty's Minister at Washington, dated the 23rd nit., on the subject of Behring Sea
seizures and to the question ot brirglng before the Fisheries Commission the Alaska
seal fishery question.

I hav3i Ajc.,

JOHN BRAMSTON,

For the Secretary of State.

Sir L. West to the Marqu's of Salisbury.

Bbitish LioATioir, Waebinqtcn, 23rd September, 1887.

MtLord,— I have the honor to acknowledge the receipt of Your Lordship's
c.eepatcb. No. 219, of the 10th instant, and to inform Tour Lordship that I communi-
cated it this day to the Secrttary of State and at his request left a copy of it in his
hands.

I have, &c ,

L. S. WEST.
The Marquis of Salisbury, K.G., &o.,

No. 81.

Sir L, S. We&t to Lord Lansdcwne,

Washington, 14th October, 1687.

My Lobd, — With reference to my telegram of this day's date I have the honor to
enclose to Your Excellency copy of a note which I have received from the Secretary
of State expressing regret that the misconception which has arisen of the intentions
and orders of the Prefcident for the relette of the British schooners " Onward,"
"Caroliaa" and "Thornton" should have delayed their pvompt execution and
Btatiiig that renewed orders have been foi warded.

1 have, &c.,

L. S. SACKVILLB WEST.
His Excellency the Marquis of La.^sdowne, G.C.M.G., &o.

[Enclosure No. 1.]

Mr. Bayard to Sir L. S, West.

Departmint cf Stats, Washington, 13th October, 1887.

Sir, — CoDtinuing wy reply to your note of the 29th ultimo, enquiring the reason
for the delay in complying with the oider issued in January last, for the release of
firitith vessels seized latt year in Behring Sea, I beg leave to inform, yon that I have
this day received a communication from wy colleague, the Attorney General, in-
forming me that his telrgram to the United States marshal at Sitba, of 26th January
lafit, oiderirg the release of the British sohooners " Onward," *' Carolina " and

" Thornton, " owing to some mi^oonoepticn and mistake on the part of the official to
whom it had been addresed, had not been aoted upon.

A renewed order has gone forward for their release — as bad been distinctly di-
reoted last Janqary, and which I had no reason to doubt had been promptly obeyed.

In my note to yoa of the llth instant, I stated it to be my impression that no
Skclonre No. 2 of hindrance to their re-possession by the owners of the vessels named
No. 34. existed.

This imprestiion it new appears, was not well foanded, and as my object is to give
yoa the falleet inicrmation within my power in relation to all transactions toached
in oar corretpooderco, I hasten to communicate the latest report made to me from
the Department of Justica.

I take leave also to express my regret that any misconception of the instruc-
tions and onlersof the President should have delayed their prompt execution.

I have, &c. '

T. F. BAYARD.
The Honorable Sir L. Wbst, K.O.SI.G.

No. 408.
Lord Laradoione to Sir B. Holland.

20th October, 1887

Sib, — With reference to previous correspondence upon the subject of the seizure
of firitish sealirg vessels in fiehring Sea, I have the honor to forward, for your
information, a clipping from the 'Joronto Mail of the 17th instant, publishing in
full the Canadian brief prepared by Mr. Drake, Q.C., and filed in the Alaska courtd
on behalf of the officers of the British sealers t-eized in Behring Sea.

I also enclose for your information a clipping from ihe New YorV Herald of
the 13th instant, giving the United States brief filed in the District Court at Siika, by
Mr. A. K. Dalaney, as counsel for the United States Government.

I have, &c.,

LANSDOWNB.
The Bight Honorable Jir Henry Holland, Bart., &c,, &o.

I Enclosure No. 1.]
Extract from Toronto *' Mail."

BEHRIKG SEA.

Mr. Drake's Mastkrlt Answer to Ahxbican Pretensions.

The Busaian Claim Discutaed— Position Assumed by the States Untenable — Going
Beyond the Recognised Law of Nations — The Seizures Entirely Illegal.

(From our own Correspondent.)

Ottawa, 16th October. — Hitherto only a brief resumi of Mr. Drake's brief in the
Alaska courts haj3 been published. As the United States press has recently been
making a great parade over the American Government's case, it may not be out of
place to give in full the brief prepared by Mr. Drake himself, and filed on behalf of
the officers of the British sealers seized in Behring Sea.

THE BRIKF.

United States Court District of Alaska. The United States Plaintiff, vs. J. D. Warren-

and J, (J. Riley, Defendants.

Brief in support of the domutrer, filed herein the 30th August, 1887, on behalf
of tbe masters and owners of the British schooners " Anna Beck.' " Dplphin,'*
^' Grace " and " W. P. Say ward," seized by the United States cutter for an alleged

infraotion of an Act of the United States Congress, No, 120, being an Act to prevent
the extermination of iar-bearing animals in Alaska. The Act is directed against
killing eeals in the waters adjacent to the Islands of St. Paul and St. George, and
does not refer to any other waters in Behring Sea ; but on referring to section 1,9S6
of the Revised Statutes, the language used is somewhat different, prohibiting the
killing of fur-bearing animals within the limits of Alaska Territory or the waters
thereof. The first question then to be decided is what is meant by the waters
thereof. If the defendants are bound by the treaty between the United States and
Bufsia ceding Alaska to the United States, then it appears that Russia in 1822
-claimed absolute territorial sovereignty over the Behring Sea, and purported to con-
vey practically one-half of that Hea to the Un-'ted States. But are the
defendants, as men belonging to a country on friendly terms with the United States,
bound by this assertion of Russia ? And can the United Staves claim that the treaty
conveys to them any greater right than Russia herself possessed in these waters ?
In other words, the mere assertion of a right contrary to the comity of nations can
confer on the grantees no rights in excess of those recognized by the laws of nations.
In enquiring what that right was and how far it was submitted to by the other
powers interested, namely. Great Britain and the United States, we find the United
States Minister at St. Petersburg in 182?, combatting the pretensions of Russia to a
jurisdiction over the waters of Behring Sea lor a distance of one hundred miles from
the coast (for this was the extent of Rus»ia's claim in 1822) in the following expres-
sive language: "The existence of territorial rights to the distance of 100 miles fiom
the coaist and the prohibition of approaching to the same distance from these coasts
and from those of all intervening inlands are innovations on the law of nations and
measures unexampled." We thus find that the assumption of a limited sovereignty
over the waters of Alaska was challenged by the United States, and in conse-
quence was not persisted in, and on the 17th April, 1824, a convention was concluded
between the United States and Russia, whereby it was agreed, " that in any part of
the great ocean commonly called the Pacific Ocean, or South Sea, the respective
citizens, subjects of the high contracting powers, should be neither disturbed nor
restrained either ia navigation nor in fidhing, or in the power of resorting to the
«oasta upon points which might not then already have been occupied for the purpose
of trading with the natives, saving always the restrictions and conditions contained
in certain articles attached to the treaty referring to illicit trade with the Indians."

TUB RDSSO-BRITISH TBBATT.

The Government of Great Britian, on the 28th February, 1825, also entered into
a treaty witu Russia in consequence of the same extravagant prehensions of Russia,
which treaty contains the following provisions : — " It is agreed that the respective
fiubjects of the high contracting parties shall not be troubled or molested in any part
of the ocean commonly called the Pacific Ocean, either in navigating the same or
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 conditions and restrictions
specified in the then following artcles." These restrictions are not difaimilar from
those attached to the treaty with the United States. In order to ascertain what
were thd pretensions of Russia which led to these treaties it is necest^ary to refer to
the edict of the Autocrat of all the Russias. By section 1 it is enacted: — "That
the pursuits of commerce, whaling and fishing, and all other industries on all islands,
ports and gulfs, including the whole of the north-west coast of America, beginning
Irom Behring Straits to 5 1° of north latitude ; also from the Aleutian Islands to
the eastern coast of Siberia, as well as along the Kurile Islands from Behring Straits
to the south cape of the Island of Bruck, namely, 4^* fiO' northern latitude, is ex-
clusively granted to Russian subjects. Section 2. It is therefore prohibited to all
foreign vessels not only to land on the coasts and islands belonging to Russia, bat
also to approach them within less than 100 Italian miles. The transgressor's vessel
is subject to confiscation along with the whole cargo."

t to prevent
ted against
reorge, and
)ction 1,966
ibiting the

the waters
' the waters

States and
B8ia in 18222
rted to oon-
are the
kited Stated,
I the treaty
ise waters ?
nations can
3 of nations.
' the other
the United
Russia to a

miles from
ing ezpres-
() milesfiom
hese coasts
latioDs and
sovereignty
I in conse*
18 ooncladed
any part of
I respective
aturbed nor
ting to the
the parpoee
B contained
i Indians."

jntered into

15 of Kassia,
e respective

in any part

16 same or
)oen already
restrictions
iimilar from
irtain what
^ to refer to
5d :— " That
I all islands,
, beginning
n Islands to
ring Straits
itnde, is ez<
ibited to all
Russia, bot

sor's vessel

Russia's claim.

Thus it appears that Russia claimed 100 miles from the coasts of all the islands,
as well as the mainland of Bohring Sea, and south to 45° 50'. It was this claim
that led to the indignant remonstrance of the United States and Great Britain, and
to the treaties before referred to, and shows that Behring ,Sea was included in the
term " Pacific Ocean." The preteneions of Russia were never revived, and the citizens
of Great Britain as well as the United States had free access at all times to these
waters in navigating and fishing without any restriction. And Kuosia's claim was
never revived cntil she purported to cede to the United States a portion of Behring
Sea. Russia could not sell what she did not own, and the United States cculd not
claim that which it was not in the power of Russia to stU. The treaty with England
has never been abrogated, and was in force when the cession to the United States
took place, and there was no need to protest agaicst the extravagant pretensions of
Russia in purporting to dispose of the high seas, as until last year no attempt has
been made to enforce such a claim. The United States have always been the strongest
upholders of the law of nations, and on this head Kent's Commentaries, page 28 :
" The open sea is not capable of being possessed as private property; the free use of
the ocean for navigation and fishing is common to all mankind, and the public jurists
generally and explicitly deny that the main ocean can ever bo appropriated." He
also refers to the claim of Russia, and in another place ho statos that "the United
States have recognized the limitation of a marine league for general territorial juris-
diction by anthorizing the distrtct courts to tak«» f.nenizance of all captures made
within a marine league of the American shore." See Act of Congress, June 5, 1794.
And in Wharton's International Law Digest, page ?2, the author eays : "The limit of
one sea league from shore is provisionally adopted as that of the territorial sea of the
United States," f,nd "our jurisdiction has been fixed to extend three geographical
miles from our shore, with the exception of any waters or bays which are so land-
locked as to bo unquestionably within the jurisdiction of the United States, be their
extent what they may." Behring Sea is not a gulf or bay , and is not land-locked
by the lands of the United States. Wharton again states that " a vessel on the high
seas beyond the distance of a marine league from the shore is regarded as part of the
territory of the nation to which she belongs." And Mr. Seward in a letter to Mr.
Tassara, December 16, 1862, tersely states the principle as follows:—" There aretwa
principles bearing on the subject which are universally admitted, (1) that the sea is
open to all nation?, and (i) that there is a portion of thosoa adjacent to every nation
over which the sovei-eignty of that nation extends to the exclusion of evwry ot'jer
political authority.

A third principle bearing on the subject is that the exclusive sovereignty of a
nation abridging the universal liberty of the seas extends no further than the power of
the nation to maintain it by force stationed on the coast extends. "'Terra' dominium
flnitur, abifinitur armarum vis " (the sovereignty of the coast ends where the power to
control it by force of arms terminutes). It thus appea vs that by the co-ity ot nations,
sanctioned and approved by American jurists, that tne high seas r ■ open to all, that
the territorial authority only extends to a marine league or, at >i events, not further
than a force on uhore can protect the coas!:3. ,

It also appears that the United States, in claiming sovereignty over tht Behring
Sea, is claiming something beyond the well-reoognized law of nations, and lases her
claim upon the pretensions of Russia which were successfully repudiates, by both
Great Britain and the United States. A treaty is valid and binding between the
parties to it, but it cannot affect others who are not parties to it. It is an agreement
between naMons and would be construed in law like an agreement between indivi-
duals. Great Britain was no party to it and therefore is not bound by its terms.

It is therefore contended that the proceedings taken against the present defen-
dants are ultra vires and without jurisdiction. But, in order to press the matter
further, it may be necessary to discuss the Act itself under which the alleged juris-
diction is assumed. The Act must be construed by what appears within ita four

t >

ooFDers and not by anj eztriosio docament. It is an Act defining a criminal offence,
and an Act which abridges the privileges and immunities of citizens must be most
btrictly construed ; and nothing bat the clearest ezpression can or ought to be con-
Btrued against the interest of the public in applying this principle to the present
case. The terms used in the Act itself are " ihe waters adjacent to the Islands of
St. George and St. Paul." "Adjacent," in Wharton, page 846, is held to be adjacent
to the coast and within the territorial jurisdiction of the country. This language
then does not apply to these defendants who are fifty miles from the nearest ooasti
In section 1,966 the language is " the waters of Alaska." This mut<t aleo be oon*
strued by the universal law as applying to the territorial limit only. And in a
letter from Mr. Evarts to Mr. Foster in April, 1879, referring to a oase in which
certain American merchant vessels were seized by the Mexican authorities for an
alleged breach of the revenue laws, although distant more than three miles from
shore it was held to be an international offence and was not cured by a decree in
favor of the assailants by a Mexican court. So here it is submitted that a decree of
your Honor's court will not give any validity to the seizures here made, and the
defendants in filing their demurrer and submitting this argument do not thereby
waive their rights or submit to the jurisdiction of the court.

No. 409.
Lord Lansdowne to Sir IJ. Holland,

Ottawa, 20th October, 1887.

SfR,— I have the honor to transmit to you a copy of an approved report of a
Ck>m'jaittee of the Privy Council, to which is appended a copy of a despatch from His
Houor the Lieutenant Governor of British Columbia, covering a Minute of his
Szecative Council, dated 15th instant, setting forth the value to British Columbia of
the present sealing industry in Behring Sea.

You will observe that the Executive Council of British Columbia consider that
ihe rights of British subjects, as regards the Behring Sea, should be included in the
soope of the duties of the International Fisheries Commission.

I have, &c.,

LANSDOWNE.
The Bight Hon. Sir H. Holland, Bart, &c., &o.

[EaoloBuie No. 1.]

Ckrtifikd Copy of a 'Report of a Committer of the Honorable the Privy Council,
approved by Hs Excellency the Governor General in Council on the \5th October,
1887.

The Committee of the Privy Council have had under consideration a despatch,
dated 15th September, 1.^87, from the Lieutenant Governor of British Columbia, en-
closing copy of a Minute of his Executive Council on the subject of the seizure of
British sealing vessels in Behring Sea, and pointing out the threatened destruction
of an important and growing industry in British Columbia, by a repetition of out-
rages on the part of United States cruisers,

The Minister of Marine and Fisheries, to whom the despatch and enclosures
•were referred, recommends that the Government of British Columbia be informed
that no opportunity has been neglected on the part of the Dominion Government of
bringing to the attention of the Government of Her Majesty the unlawful seizure of
Canadian vessels in Behring So'fi, and requesting that a speedy and satisfactory
settlement of the losses sustained be urged upon the United States Government, and
that the representations made by the Government of British Columb'a have been
forwarded to Her Majesty's Government.

nal offence,
QBt be most
to be con-
the present
I lalanda of
be adjaoent
is langaage
areat ooasti
ilco be oon-
And in a
le in which
'ities for an
miles from
a deoree in
a deoree of
le, and the
lot thereby

•, 1887.

report of a
,h from His
ate of his
/olumbia of

nsider that
ded in the

WNE.

vy Council,
th October,

despatch,
urabia, en-
seizure of
estraotion
on of oat-

encioanres
informed
irnment of
aeizare of
atisfactory
iment, and
have been

The Oommittee advise that the Secretary of State be aathorized to transmit a
copy of this Minute to the Lieutenant Governor of Britiah Columbia for the informa-
tion of his Oovernment.

All which is respectfully submitted for Your Excellency's approval.

JOHN J. McGEB, Clerk Privy Council.

[Gaclojure No. 3.]
Harbison Hot SPBiNoa, Bbitibh Columbia, 15th September, 1887.

Sib, — I have the honor to transmit herewith copy of a Minute of my Executive
Council, approved by me on th« ninth instant, representing the value to the Pro-
vince of Britiah Columbia of the present sealing industry in Behring Sea, the number
of vessels, men, &o , engaged in the aame, the losa to the Province certain to ensue
from the deatruction of thia trade by the ^eizurea and contiscationa made by the
United States cruisers. That the rights of Britiah subjects should have the same
protection and consideration on the Pacific as on the Atluntio, and that full compen-
sation and redress for injuries already received, and ast«urances of future non-interfer-
ence should be obtained from the United States Government.

That this question should be included in the scope of the duties of the Interna-
tional Fir.hery Commission now understood to be in proceaa of organization, and that
it is desirable said commission ahould hold some of its sittings in Victoria, for reasons
therein set forth, &o.

I have the honor to be, sir, your obedient servant,

HUGH NELSON, Lieutenant Governor.
The Honorable the Secretary of State, Ottawa.

[EnoloBare No. 4.]

Copy of a Report of a Committee of the Honorable the Executive Council, approved by
His Honor the Lieutenant Oovemor on the 9tk day of September, 1887.

On a memorandum from the Honorable the Miniater of Finance and Agricul-
ture, dated the 6th September, 1887, aetting forth : —

That there are usually engaged in seal fishing in Behring Sea seventeen vessels
wholly owned by people residing in this city, of the aggregate value of $125,000.

That the outfit for each semi-annual voyage of these vessels repreaenta an ex-
penditure of $75,000, equal to $150,000 a year.

That each of these vesaels, on an average, employe a crew of five whitea and
about twenty Indiana or fifteen to eighteen whitea as hunters.

That the probable aggregate value of the product of each voyage is $200,000, or
$400,000 a yean

That thia industry, though as jet only in its infancy, is a very important one
for BO small a community.

That the glaring and unlawful seizures and confiscations in Behring Sea during
last season, and the present year, are completely crushing out this infant industry
and causing ruin, and in several known instances, actual diatress to those who have
invested their all in the business and relied upon it for a livelihood.

That the destruction of this industry not only entails ruin and diatress upon
those directly engaged therein, but it affeota moat injurioualy the trade of the Pro-
vince, and drives from these waters a race of hardy and adventurous fishermen, who,
with their families, are large consumers, and who would in time become a very
important element of strength, if not the nucleus of the future navy of Canada on the
Pacific.

That the rights and interesta of British subjects, whether in fisheries or in com-
merce, are entitled to the same conbideratioa and protection on the Pacific as on the
Atlantic, and that it ia, theieiure, the duty of the Dominion Government to employ
every proper means for obtaining immediate and full compensation and redress for
past injuries and wrongs as well as to gu:ird against the possibility of a repetition of
these high-handed outrages in the future.

^lil

That it is believed to be desirable that this qaestion shoald be iDoladed in the
■cope of the daties of the International CommiBsioD now understood to be in prooesH
of organization for the settlement of the fishery dispatea existing between Canada
and tne United States of America, and it is oonsidered most important that the said
Commission shoald hold one or more of its sittings in this city, in order that those
more directly acquainted with and interested in the Pacific fisheries may have a
better opportunity of being heard and making the Oommiseiooers more thoroughly
acquainted with the subject than would otherwise be possible.

The Committee advise approval and tha ' copy of this Minute be forwarded to
the Honorable the Secretary of State for C>iiiMi&.

Certified.

JNO. BOBSON, Clerk Executive Council.

No. 366.

Sir Benry Holland to Lord LansdawM .

Downing Stbikt, 20th October, 1887.

My Lobd, — I am directed by the Seor^ rary .if '^^.ate to transmit to yon for com-
manioation to your Ministers the documeUbo unified in the annexed Schedule.

I have, &c.,

H. HOLLAND.
The officer Administering the Gavernment of Canada.

Date.

4th October.,

DeBcription ot Docnment.

Admiralty to Colonial Office.

fincloses list of schooners engaged in sealing.

LBacloiure No. 1.]

The Admiralty to the Colonial Office.

Admibaltt, 4th October, 1887.

Sir, — I am commanded by the Lords Commissioners of the Admiralty to trans-
mit for the information of the Secretary of State for the Colonies, copy of a letter
from the Commander in Chief on the Pacific Station, dated 14th September, "^^^
158, enoloaing a list of the schooners that have been sealing, extracted from
Victoria Colonist newspaper dated 13th September.

A similar letter has been sent to the Foreign Office.

I am, &c.,

EVAN MaoGREGOR
The Under Secretary of State, Colonial Office.

No.
th9

(Bacloaure No. 3.)

Bear Admiral Seymour to the Secretary of the Admiralty —Seizure of Sealing Schooners.

" Tbiomph " AT BsQuiMALT, 14th September, 1887.

StB, — The sealing season being now over, I have the honor to enclose a list of
the Bohoooers that have been sealint;, cut from the Victoria Colonist of yester-
day's date. It is not yet known whether the five vessels " to arrive " have been
seised or not but they are overdue here.

oded in tho
) iD prooesH
eea Canada
hat the said
r that thoeo
may have a
thoroDgbly

srwarded to

Jottncil.

r, 1887.

'oa for 00 m-
led ale.

ND.

p, 188T.

Ity to trans-
of a letter
i«inber, No.
i from tha

JBGOR.

ig Schooners.

r, 1887.

90 a list of

t of yedter-

have been

With regard to the Hohooner " Alfred Adams" I am credibly ioforired she war>
boarded by the American revonao cruiner in Behring Sea, her skinH, 1,500 in uan>-
her taken ont, as well at her arms, and she was told to proceed to Sitka. No one
being pat on board, the captain brought his vessel down beie.

No orders whatever have ever been reoeivod here with regard to the release of
the Bobooners seized last year, which are now, I believe, high and dry at Ounaiaska,
worm-eaten and worthless,

I have, &o.,

M. OALME SRYMOUR,
Rear'' Admiral and Commander in Chief.

[Enclosure No. 3,]

Fnm the "Daily Colonist," Victoria, B. C, of Tuesday, \3th 8T>t., 1887.

THE SEAL CATCH.

List of VEsaBLS arrivcd witu thbib total Catch— Sciioonkrs sxizio.

The following is the list of Eiealing schooners which have arrwed in pert with
their northern catches, also those to arrive and those seized. The coast caf oh by
Indians and the spring oatoh by American sealers disponed of in Yiotovia are also
appended : —

Vessels arrived.

Name.

Pathfinder

Penelopd

Mary Ellon

Lottie Fairfield.,

Mary Taylor

Moantain Chief.
Black Diamond.,
Adela i

Spring Oatch. Northern Catch.

400
1,000
367
400
200
400

164

Name

Ada

Kate

Favorite..
Theresa .
Triumph.

Vessels to arrive.
Spring Oatch.
349
1,030

a,377

1,500

2,090

2,600

800

687

9')4

1,350

Northern Oatch.

Tout.

2,817
2,600
2,457
3,000
1,000
1,087

1,'5U

Total.

307
21

Vessels seized.

Dolphin ^

Grace |

Anna Beck [►1,500

W. P. Sayward I

Alfred Adams j

The number of seals caagbt by American schooners and sold in this city is as
follows • —

Helen Blum 436

Sylvia Handy 139

San Joee 197

City of San Diego 200

Vanderbilt 617

Discovery 250

The Neah Bay schooner " Lottie's " aorthern catch was disposed of the other day
and amoanted to 700 skins.

This makes the total oatch aa far as could be gleaned yesterday, 1S,046 skins by
British vessels and 2,539 skins disposed of by American SGhooneri>.

The catch off the west coxst by the Indians and sold to storekeepers was jOO.

The total number of skins brought into port for this season will represent in
dollars at 96.50 per skin the handsome sum of $140,302.60.

Sir H. Holland to Lord Lansdowne.

Downing Strbkt, 4th November, 18^7.

Mt Lobd,— I have the honor to transmit to you for the information of your

Ministers, with reference to your despatch, No. 372, of the 26th of 8eptemb(^r, the

accompanying copy of a correspondence between this iepartmant and the

No. 22. Foreign Office, 12th and 20th October, 1887, respecting the seizures of British

vessels in Behring's Sea.

Her Majesty's Minister at Washington has now been instructed to give to the
EncloBire No. 2. Secretary of S'ate of the United States a copy of Mr. Poster's report
of No. 23. of the 15th of September on which subj ;ot telegraphic communica-
tions have passed between myself and Your Lordship.

I have, &c ,

H, T. HOLLAND.
Governor General the Most Honorable the Marqais of Lansdowne, &c , &o , &o.

[Bncloaore Ko. 1.]
The Colonial Office to the Foteign Office.

Downing Street, 17th October, 1887.

Sib, — I am directed by Saoretary, Sir H. Holland, to transmit to you to be laid
before the Marquis of Salisbury, copy of a despatch from the Governor
No. 22. Qeneral of Canada, dated 26th September, with its enclosures, respecting the
seizures in Behring Sea of the British schooner " Alfred Adam^i."

These papers appear to Sir H. Holland to point to a serious state of things,
which seem to make it necessary that some decided action in the matter should be
taken by Her Majesty's Government. And he would suggest for the consideration
of Lord Salisbury, whether it would not bo desirable to instruct Sir L. West nnle:3s
he has already done bo, formally to protest against the right assumed by the United
States of seizing vessels for cutohing seals beyond the territorial waters of Alaska.

I am to add that Sir H. Holland makes this suggestion as Mr. Biyard is
reported in :he newspapers to have slated that no protest against their right to seize
had been made, and to have assumed therefore that Her Majosty's Government
did not really dispute it.

lam, &c.,

JOHNBRAMSTON.
The Under Secretary of Siite, Foreign Office.

[Enclosure No. 2 ]

The Foreign Office to the Colonial Office.

FoaKiQN Office, 20th October, 1387.

Sitt, — I am directed by the Marquis of Salisbury to acknowlf\.'go the receipt of
your letter of the I7th iuHtant, enclosing copies of a corrospondenoe received from
the G)vernor General of Canada, relative to the s 3iz ires made by the aulh >riliei of
the United States of certain British vost^ols when eugiged ia seal fishing ia Behring
Sea.

With reference to the latest case reported, th;it of the Canadian schooner " Alfred
Adams," I am to request that you will infarra Sr H. llillaa i that a telegram ha-t
been sent to Her Majesty's Minister at Washington, directing him to make a protest
to ths United States Government against the soizire of that vessel and the coa-

tinni
Stat<

had
it ha
the 1
were

dresi
Maje
ton,'
This

MUl}S(

Sncic
No. I:
sure}

ofth

Eock
o:

Her

West

Noa

23n1
Offie

Gove

teleg
copy
of th
3rd
I hail

18:.t.

1 of your
smbor, the
It and the
) of Britiah

ive to tho
Lor's report
ommuaica-

iAND.

■, 188Y.

1 to be laid
e G^jreriior
ipecling the

of things,

Bhould be

nsidoratioa

Test unless

the United

of Alaska,

Biyard is

ht toseizo

overament

tinnance on the high soaa of similar proceedings by the authorities of tho United
States.

With regard to the report that it had been stated by Mr. Bayard that no protest
had been ms^e a»ainst the right of those authorities to make the seizures, and that
it had therefore been assumed that Ker Majenty's Government did not really dispute
the right, I am to remind you that Sir L. West, acting on the infitructionei which
were given to him by tho late Earl of Iddesleigh on the 20th of October, 1886, ad-
dressed a note to the United States Secretary of St^te protesting in the name of Her
Majesty's Government against the seizure ot the three Columbian schooners *' Thorn-
ten," " Onward " and " Caroline" by the United States revenue cruiser " Corwin."
This correspondence was forwp.-ded with my letter of the 16th of November last.

I am further to point out (hat tho diiections given to Sir L. West in regard to
kiubsequect seizures of othe- Batish vessels in Behring's Sea during iho present
fishing H' ason which were embodied in Lord Salisbury's despatches,
No"\Ta"<f BaJlo- ^"^- ^'^ and 229 of tne 10th and -ilth ultimo (copies of which were
sure No. vicfNo.'24. a'po communicated to you on those dates respectively) h mount to a
protect against the assumption by the United vStaiea Government
of their right to seize British vessels on the high seas in those waters.

I am to request that in laying this letter before Sir H. Holland, you will move

him to ascertain by telegraph whetder the report of Mr. .Posttn- (the

KnclMure No. 3 Canadian Minister of Marine and Fisheries) oflhel5lh ultimo, bus

been communicated by Lord Lanadowne, with the j^apei-s attached, to

Her M.tjosty's Minister at Wafthington as suggested in tho report.

0(1 learning that this has been done,' Lord Salisbury proposes to authorize Sir h.
West to give a copy of them to Mr. Bayard.

I am, &c.,

J. PAUNCEFOTE.

;ton.

Sir H. Holland to Lord Lansdowne.

Downing Sthbkt, 16th November, 1887.

My ItOBD, — I have the honor to tranemit to you, for communicaiion to your

Ministe-s. r/ith reference to your despatches of the numbers and

Nob. no, 33 and 31. ^j^^^g^ j^^; 49^^ 20th October, No. 37-', 26th September, telegram,

23rd joptember, the accompanying rwuiod correspondence received from iho Foreign

Office respecting the seizure of the iJriiiel Columbian sealing vessels in Behring Sea.

I have, &o.,

H, T. HOLLAND.

Governor General the Most Honorable the Marquis of Lansdov/ne, K.C.M.G.

< ' 'I

1387.

receipt of

oeived from

ith)rilies of

h\ Behring

ner " Alfred

legram ban

ko a protest

[id the cou-

[Enoloaure No. 1.]

Sir L, West to the Marquis of Salisbury.

Washington, 12th October, 1887.

Mt LoBf>,~In accordance with the instructions contained in your Lordship's
telegram, No. 39, of the 27th ultimo, I addressed a note to the Secretary of State,
copy of which I had the honor to enclose to your Lordship in my despatch. No. 273,
of the 28th ultimo, ic-iuiring the reason why tho vessels referred to in his note of the
3rd Fjbruary last had not been releasee*, und I now enaloso copy of tho reply which
I have received thereto.

I have, &o.,

L. S* SACKVILLB WHST.
65-5

[Enolosura No. 3 ]

JiSr. Bayar^ to Sir L. West.

Dkpabtmbnt of Statk, WASHiriuTON, 11th of Ootober, 1887.

Sib, — I have the honor toaoknowledee yoar note of the 29th altimo, atatins that
Her Majesty's Goveroment bad been offioially informed that the British vessels re-
ferred to in my note to yoa of the 3rd Febraary last had not buen released, and ask-
ing the reason for the delay in complying with the order of the executive in that re-
gard.

Upon receiving yoar note I at once wrote my colloagae the Attorney General
as the head of the Department of Justice, in order that I might be enabled to reply
satisfactorily to your enquiry.

I am still without an answer from him, which, when rcuoived, shall be promptly
communicated to yon.

In the meantime, in acknowledging your note, I take oooaaioa to state my im-
pression—that if the three vessels seised, and ordered to bo released, have not boon
repossessed by their owners it is not because of any hindiaaca on the part of any
official of this Government, or failure to obey the orier for reloa^^a, bat probably be-
cau!)e of the remoteness of the locality (Sitka) where they were taken after arrest
for adjudication, and the proceedings havin;^ been in retn, the owaers have not seen
proper to proceed to Alaska and repossess themselves of the property in question.

I have, &o.,

T. F. BAYARD.

[BncIoBore No. 3.]

Sir L. West to the Marquis of Salisbury.

Washington, 12th Ootober, 1887.

Mt Lord, — With reference to your Lordship's despatch. No. 220. of the 15th
ultimo, respecting the judicial proceedings in the cases of ihe schooners " Carolina,"
" Onward " and " Thornton," I have the honor to refer to the moraoranda con-
tained in my despatches, No. 261, of the 8th, and No. 263, of the 9th Saptember.
From what I can ascertain, the notice of appeal in those oases is still lying io the
Sitka court, lor there is no court to which, under the Act of Congress, the injured
parties could appeal, and as in the case of the American vessel " San Diego," no
further steps can be taken in the matter.

I have, &c.,

L. S. SACKVILLB WEST.

[Eacloaure No. 4.]
Sir L. West to the Marquis of Salisbury.

Washington, 12 th October, 1887.

My Lord, — In accordance with the instructions contained in your Lordship'H
despatch, No. 229, of the 27th ultimo, I addressed a note to the Secretary of State,
EncloBure No. 2 copF of which I have the honor to enclose herewith, making similar
of No. 24 representations respecting the seiBure of the British ve^sols '• Grace,"

" Dolphin " and " W. P. Sayward," as were made in the oases of the " Onward)"
" Carolina " and " Thornton," and reserving all rights to compensatij-i on behalf of
the owners and orowo.

I have, &o.,

L. S. SACKVILLE WEST.

.887.

iiing that

ressela re-

aad ask-

a that re-

T General
to reply

promptly

e my im-
not booa
rt of any
bably ha-
ter arreit
not aeon
aeation.

ABD.

1887.

' the 15th
Carolina,"
^nda con-
aptomber.
ini; in the
ho injarad
Diego," no

rB3T.

1887.

Lordship'H
ry of State,
ing similar
B •* Grace,"
' Onward,"
in behalf of

WTEST.

[Bncloiore Ko. 6.]
air L. West to Mr. Bayard.

Washington, 12th October, 1887.

SiE, — In connection with the representation which I was inatracted to make to
yon respecting the seizare of the British schooners **Oawari," " OapoUni," and
"Thornton," by the United States cruiser " Oorwin," in Bahriag Sea, I have the
honor to inform you that I am now further instracted t:> make similar representa-
tions in the cases of the British Columbian vessels " Grace," " Dolphin," and " W. P.
Sayward,' Beiz9d lately by the United States revenue cutter " Richard Rash," and
at the same time as in the case of the " Onward," " Carolina " and " Thornton," to
receive alt rights to compensation on behalf of the owners and crows.

I am also instructed to point out to you that according to the deposition of the
mate of the " W. P. Sayward," copy of which is enclosed, no seals had bean taken
by her crow in Behring Sea as is alleged in the libel of information filed on behalf
of the United States district attorney in the District Court of Alaska.

I am, &c.,

L. S. SACK7ILLE WEST.

[Bnoloaare No. 6.]

Sir L . West to the Marquis of Salisbury*

Washington, 11th October, 1887.

My Lord, — I have the honor to enclose to Your Lordehip here . ith, copy of the
reply which I have received to my note of the 12th instant, copy of which was en-
Enelosnre No. 2 closed in my despatch of No. 278, of the I2th instant, respecting the
of No. 34. seizure of the " Grace," " Dolphin," and " W. P. Sayward."

I have, &c.,

L. S. SACKVILLB WEST.

[Bncloaare No. 7.] ,

Mr. Bayard to Sir L. West.'
Depabtment ov State, Washington, 13th October, 18S7.

Sib, — I have the honor to acknowledge your note of yesterday in relation to the
cases of the seizure of the British schooners " Onward," '■ Carolina," and" Thornton,"
in Behring Soa, by United States revenue vessels in August, 1886, and also your
instructions to include by similar representations the cases of the British Columbian
vessels "Grace," " Dolphin," and "W. P. Sayward," seized by the United States
revenue authorities in Behring Sea, witn notification that Her Britannic Majesty's
Government reserve all right to compensation on behalf of the owners and crews of
the above mentioned vessels.

The affidavit of the mate of the " W. P. Sayward " has been read, and the facta
therein stated will be at once investigated.

I hwe, &o.,

THOMAS l^ BAYARD.

[Enclosure No. 8.]

&ir L. West to the Marquis of Sulisbury,

Washington, 14th October, 1887-

My Loud, — With reference to the note from the Secretary of Slate, copy of which

■aclosnre No. 1 was inolosod in my despatch, No. 276, of the 12th instant, I have the

of No. 31. honor to enclose to Your Lordship herewith, copy of a further reply

to my note of the 2Dth ultimo, expressing regret that misconception of the inteutionn

and orders of the President far the release of the sealers "Onward/' "Carolina"

66 -5i

tisd '* Thornton," ahoald have delayed their prompt execation and stating that re-
newed orders have been forwarded.

I have oommanioated copy of this note to the Marquis of Lansdowne, the sub-
etanoe of which I telegraphed to Tour Lordship this day.

I have, &c ,

L. S. SACEVILLE WEST.

IBnclosare No. 9.]
Mr. Bayard to Sir L. West.
Depahthknt of State, Washinqtow, 13th October, 1887.

SiE, — Continuing my reply to your note of the 29th ultimo, enquiring the reason
for the delay in complying with the order issued in January last, for the release of
British vessels seized last year in fiebring Sea, I beg leave to inform you that I
have this day received a communication from my colleague the Attorney General,
Bnlotun No. 7 informing me that his telegram to the United States marshal at Sitka,
of No. 22. of the 26tb January last, ordering the release of the British schooners
* Onward," " Carolina " and " Thornton," owing to some misconception and mistake
on the part of the official to whom it had been addressed had not been acted upon.

A renewed order has gone forward for their release, as had been distinctly
directed last January, and which I had no reason to doubt had been promptly obeyed.

In my note to you of the 11th instant, I stated it to be my impression that no
BncloBure No. 2 of hindrance to their repossession by the owners of the vessels named
No. 34, existed.

This impression, it now appears, was not well founded, and as my object is to
give you the fullest information within my power in relation to all transactions
touched in our oorrespondenc-e, I hasten to communicate the latest report made to
me from the Department of Justice.

I take leave also to express my regret that any misconception of the intentions
and orders of the President should have delayed their prompt execution.

I hav

e, &c.

T. F. BAYARD.

[Eooloaare No. 10. ]

Sir L, West to tha Marquis of Salisbury .

Washinqton, 20th October, 1887.

Mt Lord, — I have the honor to enclose to Tour Lordship herewith copy of a
note, which upon the receipt of Your Lordship's telegram of the 19th, I addressed to
the Secretary of State protesting against the seizure of the Canadian vessel " Alfred
Adams," in Bchring Sea, and against the continuation of similar proceedings by the
United States authorities on the high seas.

I have, &c.,

L. S. SACKYILLE WEST.

[Bncloiare No. 11.]
Sir L. West to Mr. Bayard.

Washington, I9th October, 1887.

Bib, — I have the honor to inform you that I am instruoted by the Marquis of
Salisbury, Her Majesty's Principal Secretary of State for Foreign Affairs, to protest
against the seizure of the Canadian vessel " Alfred Adams," in Behring Sea, and
against the continuation of similar proceedings by the United States autnorities on
the high seas.

I have, &o.,

L. S. SACKYILLE WEST.

" , No. 399.

Sir H. Holland to Lord Lansdowne.

Downing Stbkm, 24th November, 1887.

Mt LobDj — With reference to mydespatohea of the 4th and 16th instant, I have

the honor to transmit to yoa herewith, for commanication to

Nos. 83 and 3*. y^^j, Government a copy of a despatch received through the Foreign

Office from Her Majesty's Mininter at Washington with its enclosure relating to tSo

seizare of the " Alfred Adams," in Behring's Sea.

1 have, &.C.,

H. T. HOLLAN'^.
Governor General, the Most Honorable the Marquis of Lansdowne, G.O.M.G.

[BneloBareNo. I.j

Sir L. S. We^t to the Marquis of SaliabHry.

Washington, 23rd October, 1887.

Mt Lord, — With reference to my despatch No. 288 of the 20th instant, in which
Enclcaure No. 10 I had the honor to enclose copy of the note which, according to in-
of No. 34. stractions, I addressed to the United State*? Government on the subject
of the seizure of the " Alfred Adams," in Bahring Sea, I have the honor to transmit
herewith copy of Mr. Bayard's reply, in which he acknowledges the receipt of my
above-mentioned communication.

I have, &c.,

L. S. SACKVILLB WEST

[Euclosure No. 2.]

Mr. Bayard to Sir L. S. S. West.

Dbpaetmknt op State, WASHiNaroN, 22nd October, 1887.

Sir, — I had the honor to receive last evening your note of the 19th instant, con-
veying the instrujtioos addressed to you by tlie Marquis of Salisbury, that yoa
Baclosure No. II should protest against the seizure of the Canadian vessel " Alfred
of No. 34. Adams," in Bahring Sea, and ai^ainst the oontinuaace of similar pro-
ceedings by the United States authorities on the high seas.

I have, &c.

T. F. BAYAED.

Sir H. Holland to Lord Lansdowne.

Downing Street, 7th December, 1887.

Mr Lord,— I have the honor to transmit to your Lordship herewith, for your
information and for that of ynur Ministers, a copy of a despatch, received through
the Foreign Office, which has been addressed by the Secretary of State for Foreign
Affairs to Hur Majesty's Plenipotentiaries at the Fisheries Conferouco at Washing-
ton, relative to a proposed International Convention for the proteotioa of seals in
Behring Sea.

I have, &o.,

H. T. HOLLAND.
Governor General the Most Hoaorable the Marquis of Lansdowne, G.C.M.G., &o., &o.

Lord Salisbury to Her Majesty's Plenipotentiaries at the Fisheries Conference.

Foreign Office, 2nd December, 18S7.

Gentlemen, — I received on the 26th instant a telegram from Mr. Chamberlain,
enquiring whether a proposal for an international conferenc in regard to tho
Behring Sea fisheries had been accepted by Her Majesty's Government.

Ton are aware from the correspondence whioh is in your possessioc, that com-
manioations with reference to a proposal which woald appear to have been addrosbed
to some of the maritime powers by the United Slates foreign International Conven-
tion for the protection of seals in the Behring Sea, were received last October
from the German and Swedieih Chargto d'Affaires in London.

No definite invitation, however, for an international andcrstanding on this
question hax yet been received from the Government of the United States by Her
Majesty's Government.

In answer to a question from Mr. Pfaclpfi, I have expressed myself as being
favorably disposed to negotiating for an itgirement as to a close season in all seal
fisheries to whomsoever belonging, but I caieiully separated the question from all
controversies as to fishery rights.

I am, &c.,

SALISBUKY.
Her Majesty's Plenipotentiaries.

Lord Lansiowne to Sir Henry Holland,

Ottawa, 19th January, 1888.

Sib, — In reference to my former despatches upon the subject of the seizure of
Canadian sealing vessels, during the years 18S6-S7 by U.S. cruisers for fighing
in Behring Sea, 1 have the honor to report that my Minister of Marino and Fisheries
has received from the Cnstoma authorities at Victoria an intimation addressed by
the U.S. marshal at Sitka to Mr. bpring, the owner of the "Onward," oneoftht,
three veseels Eeized in 18b6, to the effect that that vessel as well as the " Thornton "
and " Carolina," with their tackle, apparel and furniture, as they now lie in th»
harbor of Ounalai>ka, are to ba restored to thoir owners. A copy ot this intimation
is enclosed herewith.

2. The information received by my Minister is to the etfcct that the condition of
these three vessels owing to the length of time during which they have been lying
on the shore i now such as to render it questionable whether they could under
present circumstances be repaired and removed with advantage. The difficulty of
doing this would be increased from the fact that the vessels have been released at a
season of the year in which, owing to the great diutance between Victoria and
Ounalabka, it would be Bcarcciy possible for the owners to fit out steamers ior the
porpoBe of going up to Ounalbska to ri.>pair their vessels and bring them home.

3. I also enclote heiowilb u copy cf an extract from a British Columbia news-
paper (the name and date of the publication are lot givcn^ from whioh it would ap-
pear that the dibtiict judge has mudo an order for the sale of arms and ammunition
taken frcm the three schooners in question, upon the (-uppoKed ground that as the
instructiots sent by the United States Govemmtnt to Siiku for the liberation of tho
vesselF, made no mention of the arma and ammunition on board of them, tho court
concluded that the^e i<hoDld bo conti^cu ted and sold. It would si em from the same
extract, that the lemairirg vcfbels held in Alaska are not included in the order sent
by the United States Govern mont for tho rekase of the "Thornton," "Carolina"
and " OLward," atd are iherefoio likely to be sold with their contents and equip-
Kient.

6. I have already dwelt at Eufficiert length upon tho extent of the hardBhips in-
volved to the crews and the owners of these vessels by the action of the United States
Government, and I will cnJy upon the present occiobion remind you that another
fi'.'hing season isapproachirg, and thr' ss far as my Government in aware, no de-
43laration has been made by that of the United States in regard to the policy which
it inicLds to adopt during tho course ot the year which has just commenced.

I have, &c.,

LANSDOWNE.
The Eight Honorable Sir Hknb7 Eolland, Bart., &c.,&o., &c.

lat com-
ddroBMed
Conven-
October

on this
I by Her

as bein^
1 all eeal
from all

RY.

1888.

jeizare of
r fishing
Fisheries
roBsed by
me of tht>
horntOQ "
lie in th»
Dtimation

ndition of
jen lying
aid under
ficulty of
ised at a
tori a and
rs lor the
jroe.

bia news-
would ap-
nmnnilion
lat as the
ion of the
the court
the Hame
order sent
Carolina "
and equip-

•dsbipa in-
itcd States
it another
re, no de-
licy which
Id.

Jlir. Barton Atkins to Mr. 0. Spring.

DiBTRioT OF Alaska, Offior of U. S. Mab^ual.

Sitka, 6th December, 1887.

Sio, — I take pieasare in informing yoa and the other owners of the schooners seized'
in the Behring Sea by the U. S. S. " Corwin," that I am in receipt of orders from
Wanhington to restore to their ownorB the schooner!* "Onward," "Thornton" and
" Carolina," their tackle, apparel and farnitare, as they now lie in the harbor oi
Oanalaska. Orders for their reloa«e have been forwarded to their custodian at
Ounalaska. Very respeotfally,

BARTON ATKINS,
Mr. C. Spring, Victoria, B. C. U. S. Marshal, District of Alaska.

{^Extract from on American newspaper (name and date unknown).^

ALASKA NEWS.
The Sbalirs and what will be done with them.

Jodge Dawson has made an order for the sale at Juneau of the arms and am->
munition taken from the British schooners " Thornton," " Carolina " and " Onward "
captured lust year by the "Corwin." Attorney General Garland sent in«itruction8 to
Sitka to have the three vessels liberated, bat as he made no mention of the arms and
ammanition the court concluded that they must be sold, and gave directions ac-
oordint^ly.

The man^bal has further been authorized to sell the ecbooner " W. P. Sayward '*
(British) and ihe" Alpha," " Kate," •' Anna" and "Sylvia Handy" (Amtrican) to-
gether with their boats, tackle and furniture. By stipulation entered into last Sep-
tember between Mr. Delaney, acting for the United States, and Mr. Drake, Q. C.,
representing the Canadian Government, the remaining British schooners cannot be
sold until the expiration of three months from the 11th of January nezt, and then
only by the district attorney giving the owners ninety days' notice.

Application Granted.

In the cases of the schooiiers « Lily L.," " W. P. Sayward," "Annie," « Allie J-
Alger," "Alpha," "Kato and Anna," and "Sylvia Handy," an application made by
Attorney W. i;iark, counsel for the owners, for leave to appeal to the Supreme Court
of the United States was granted.

A motion presented by the same attorney, for a stay of proceedings for three
months in the cases of the " W. P. Sayward," "Alpha," "Kate and Anna" and the
"Sylvia Handy," was refused by the court on the ground that the owners had had
ample time in which to prepare for their appeals, and it was entirely their own fault
if they had not done so.

iWNE.

! l-''l

i"T:l

V
I

FUxlTHER CORRESPONDENCE

(65&)

Belating to the Seizure of British Vessels in Behring Sea.

Sir L. Wett to Mr. Bayard.

Washinqton, 28th September, 1887.

Sib, — I have the honor to inform yon that Her Majesty's Government have been
officially informed that the British veaeels mentioned in yoar note of the 3rd
February last have not been released, and that I am inntrnoted to inquire the reason
lor the delay in complying with the orders sent to this effect, as stated in yoar above
mentioned note.

I have, &c.,

L. S. SACKVILLB WEST.

Sir L, West to Mr. Bayard.

Washington, 2nd February, 1887.

Sir, — I have the honor to inform yoa that, under date of the 27th nltimo, the
Marqnis of Salisbury instructs me to inquire whether the information and papers
relative to t' e seizure of the British schooners "Carolina," "Onward" and
*^ Thornton " .ave reached the United States Government.

I have, &o.,

L. S. SACK7ILLB WEST.

The Earl of Iddeileigh to Sir L. West.

FoBSiON Ort'icB, 30lh October, 1886.

SiE,— Her Majesty's Government are still awaiting a report on the result of the
application which yoa were directed by my despatch, No. 181, of the 9th altimo, to
make to the Government of the United States for information in regard to' the re-
ported seizure by the United States revenue cutter " Corwin " of three Canadian
schooners while engaged in the pursuit of sealR in Bohring Sea,

In the meanwhile, farther details in regard to these e^eizares have been sent to
this country, and Her Majesty's Government now consider it incumbent on th>jm to
bring to the notice of the United States Government the facts of the case as they
have reached them from British soarces.

It appeai'H that tho three hchoonors, named respectively the "Carolina," the
*' Onward," and the "Thornton," were fitted oat in Victoria, British Columbia, for
the capture of seals in the waters of tho Northern Pacific Ocean, adjacent to Van-
couver's Island, Queen Charlotte Islands, and Alaska.

According to the depositions enclosed herewith* from some of the officers and
men, these vessels were engaged in the capture of seals in the open sea out of sight
of land, when they were taken possession of on or about tho 1st August last by the
United States revenue cutter " Corwin," the "Carolina" in latitude SS** 62' north,

* See printed correspondence, p. 4, 6 and 6, letters of Ogilvie and Maaroe, depositions of Oellas, Vc-
liardy and Munsie.

1887.

have boon
)f the 3rd
the reasoD
^oar above

FEST.

, 1887.

iltimo, the
and papers
rard " and

WEST.

r, 1886.

eaalt of the

b altimo, to

to' the re-

e Canadian

leen sent to
on them to
tse as they

rolina," the
•lambia, for
lat to Van-

ofl9[cerg and
)ut of Bight
last by tbo
«• 6i' north,

a of Delias, Me-

longitodo IBS" 53' west; the "Onward " in latilade 50* 52' north, longitude 167" 55'
west, and tbo " Thornton " in about the eame latitade and longitade.

They were all at a dirttanoe ol more than 60 miles from the nearest land at the
time of their seisare, and on being captared were towed by the " Corwin " to Ounai*
aska, where they are still detained. "The crews of the " Carolina " and " Thornton,"
with the exception of the captain and one man on each vesHel detained at that port,
■were, it appours, sent by the steamer "St. Paul " to San Francisco, California, and
then tamed adrift, whiie the orew of the " Onward " were kept at Oanalaska.

At the time of their seizure tbe " Carolina " had 'i86 seal akins on board, the
<* Thornton " 404, and the " Onward " 900, and these wpre detained, and woald
appear to be still kept at Oanalaska, along with the ^chooncrs, by the United States
aathorities.

According to information given in the Alaskan, a newspaper published at
Sitka, in the territory of Alaska, and dated 4ih September, 1H86, it is reported : —

1. That the muster and mate of the schooner ** Thornton " were brought for
trial before Judge Dawson, in the United States District Court at Sitka, on the3Utk
August last.

2. That the evidence t^iven by the officers of the United States revenue catter
"Corwin" went to show that the ''Thornton" was seized while in Beh ring Sea,
about sixty or nevonty miles south south-east of St. George Inland,, for the offonce of
hunting and killing neals within that part of Bdhring Sja, which (it was alleged by
the Alaskan newspaper) ^as coded to tho United States by Kussia in 18^7.

3. That the judge in his charge to the jury, afier quoting tho first article of the
treaty of tho 30ih March, 1867, between Eussiu and the United States, in which the
the western boundary of Alaska is defined, went on to say : " All the waters within
the boundary eet forth in this treaty, to the western end of the Aleutian Archi-
pelago and chain of islands, are to be considered as comprised within the waters of
Alaska, and all the penalties prccicribed by Ihw against the killing of fur bearing
animuls must therefore attach agairist any violution of law within tht limits heretofore
described. If, therefore, the jury believe from the evidence that the defendants, by
themselves or in conjunction with oihert^, did, on or about the time charged in the
information, kill any otter, mink, marten, sublo, or fur-seal, or other iarbearing
animal or unimali), on the shores of Alaska, or in tho Behring Sea, east of 193** of
west longitude, tbe jury should fii:d the defendants guilty, and as>e8s their punish-
ment se^iurately, at a fine of not lens than $200 nor more than $1,0U0, or imprison-
ment not more than six monthH, or by both suob fine, withia tha limits herein set
forth, and imprisonment,

4. That iho jury brought in a verdict of guilty against the prisoners, in accord-
ance with which tho master of the " Thornton," Huns Guttorinsen, was sentenced to
impriHonment for thirty days and to pay a fine of 8500, and the mate of the " Thorn-
ton," Nonnan, wa« t-entenced to imprioonment for thirty days and to pay a fine of
9300, whi^h terms of imprisonment are presumably now being carried into effect.

There is also reason to believe that the masters and mates of tho " Onward " and
" Carolina " have since been tiiod, and sontoucod to undergo ptnalties similar to
thofeO now being inflicted on the master and mate of the "Thornton."

You will ob'<eivo from tho facts given above, that the authorities of the United
States appear to lay claim to the sole sovereignty of that part of Behring Sea lying
east of the westerly boundary of Alaska, as dotinod in the Ist article of the treaty
concluded between the United States s>nd Kusaia in 1867, by which Alaska was
ceded to the United States, and which includes a stretch of sea extending in its
widest part some 6U0 cr 700 miles eantorly from tho mainland of Alaska.

In support of this claim, thoso authorities are alleged to have interfered with
the peaceable and lawful occupation of Caniidian citizens on the high seas, to have
taken pOHsession of their ships, to have subjocied their property to forfeiture, and to
have visited upon their persons the indignity of imprisjoament.

Such proceedings, it correctly reported, would appear to have boon in violatioa
of the admitted prinoipios of international law.

■%

y'i

> V

I request that yoa will, on the receipt of this deepatoh, seek aa interview with
Mr. Bayaid and mcke him acquainted with the natare of the information with
which Her HajoBtj's Government have been farrished reflpocting thin matter, and
state to him that iliey do not doubt that, if on inquiry it should prove to bo correct,
the Governm'^nt of the United States will, with their well known tienHo of justice,
at once admit the illegality of the proceedings resorted to against tbo British vesHols
and the firitith subjects above mentioned, and will cause reasonable reparation to be
made for the wrongs to whi'>h they have been subjected, and for the losses which
they have sustained.

Should Mr. Eayard desire it, yoa are authoiized to leave with him a copy of
this despatch.

1 am, &c.,

IDDBSLEIGH.
Sir L. West.

ADDITIONAL CORRESPONDENCE,

(66c)
Jlelating to the seizure of British Vessels in Behring Sea.

Sir L. West to Mr, Bayard.

Washington, 4th February, 18&7.

Sib, — I have the honor to acknowledge the receipt of jour note of the 3rd in-
stant. iriformit)g me that without conclusion at this time of any quoetinns which
may be lonnd to be involved in the eases of seizure of British vesbels in Bobring
Sea, orders have been issued, by the President's direction for the discontinnancoofall
pending proceeding?, the discharge of the veeeols referred to and the release of all
persons under arrcbt in connection therewith.

I have, &c.,

L. S. S. WEST.
The Honorable T. F. Bayard, &o., &o., &o.

Sir L. Weit to Mr. Bayard.

Washinqton, 8th July, 1867.

Bin,— With reference to your note of the ITth April, Ltating that the records of
the judicial proceedings in the cases of the Brilibh veirsels seized in Bohring's Sea
bad been received, I have the honor to inform tou that the Marquis cf Salisbury
has instructed me to request you to be good enough to furnish me with a copy of
the same for the information of fier Majesty's Government.

I have, &o.,

L. S. S. WEST.
The Honorable T. P. Bayard, &c., &o.

Sir L. West to Mr. Bayard,

Washinotov, 26th October, 1887.

Sib, — With reference to my note of the l9th instant, protesting against the
Enclosures in Lord seizure of the Britieh schooner "Alfred Adams," 1 have the honor
K^ee of'le^SepT ^^ transmit to you herewith copy of the report of tho Canadian
1887. ' Minister of Marine and Fit-heries and other papers relating thereto.

I have, &c.,

L. S. S. WEST.
SPhe Honorable T. F. Batabd, &o,, &o.

rviow with
nntion with
matter, and
bo correct,
of justice,
tish veHHols
ration to be
)mea which

m a copy of

lEIGH.

18S1.

Ihe 3i-d in-
lionH which
in Eobring
luancooi'all
elease of all

WEST.

T, 1887.

records of
tiring's Sea
f Salisbury

a copy of

WEST.

, 1887.

against the

the honor

D Caii:\dian

ng thereto.

WEST.

Mr. Bayard to Sir L, WtiU

DXPABIHENT CF StATB, WASHINGTON, July 11th, 1887,

Sib, — Conoplji's,' with the requent contained in your note of the 8th instant*
conveyed to me n or the inatrnotion of your GovernmeDt, I have the honor to en-
oloee yon two printed copies of the judicial proceedings in the United States District
Court for the District of Alaska, in the poveral cases of libel aguintt the schoonerB
" Onwsrd," " Carolina," and "Thornton," for killing fur eeal in Alaska waters.

Accept, &c.,

T. F. BAYARD.
The Honorable Sir L. Wist, &o., &o.

IN THE UNITED STATES

DISTRICT COUhT FOR THE DISTRICT OP
ALASKA.

Thi United States, Libkllant,

Vi,
THB ScHOONEB "OnWABD," HIR TACKLl, &0.

On IxM of infctmai n fcr being engaged in tht bvsiness of killing ftr-sealin Alashawaieru

TBANSOaiPT OP REOOBD.

On the 28th day of August, 18R6, waH filod the followiug libel of infornaation :—'
In thx D18TBI0T Coubt of tiu. United States f )r the Distbiot of Alaska.

AuauHf fcPEciAi, Term, 1886.
To the Honorable Lafayette Dawson, judj^e of the said District Court.

The libel of information of M. D. Bull, attorney for the United States for the

District of Alaska, who prosecutes on bchttU of the said United States, against the

echooner "Onward," her tackle, apparel, b^atci, cargo and furniture and a^'ainst all

. persons intervening for their interest therein, in a cause of forfeiture, alleges and

informs as follows :

That Charles A. Abbey, an oflScer in the revenue marine service of the United
States and on special duly in the watcrH of the District of Alatka, heretofore, to wit,
on the second day of AnjiUHt, 1886, Tvithin the limiis of Alatika Territory and in tho
waters thereof, and within the civil and judiciul diist.-ict of Alaska, to wit, within the
waters of that portion of BthringSea belongiig to said district, on waters navigable
from the eca^by vessels of ten or more tonn buiden, seized the ship or vesnel com-
monly called a schooner, the "Onwuid," her tackel, appaiol, boats, cargo and
farnitnre, being the pro; crty of some perhon or persons unknown 10 the said attorney,
as iorfeiled to the united States for the lollowirg caueee:

That the said vesKcl or schoorer wa^ found engtigcd in killing fur seal within
the limits of Alaska Territory and in tho waters thereof, in violation of section 1966
of the Revised Statutes of the United States.

And the said attorney saith that all and singular the premises are and were true
and within the admiralty and maritime jurisdiction of this court; and that by reason
thereof, and by force of the statute of the United States in such cai^o made and pro*
vided, the betorementioned and detcri bed echooner or veesel, being a vessel of over
twenty tons burden, her tackel, apparel, bcaln, cargo and furniture, became and are
forfeited to the use of the said Ucited States, and that said schooner is now within
the district aforesaid.

Wherefore the eaid attorney prays that the usual process and monition of this
honorable court issue in this behalf, and that all persons interested in the before-
mentioned schooner or vessel may be cited in general and f-pecial to answer the
Eremifies, and that all due proceedings being had, that the said schooner or vessel,
er tackle, apparel, boats, cargo and furniture, may for the cause aforesaid, and
others appearing, be condemned by the definite sentence and decree of this honor-

■I

Able ooort, as forfeitod to tho aae of the Raid Unitod States aooordiog to the form o^
the atatato of the said United States in nuoh oaHO made and provided,

M. D. BALL, U. S. District Attorney for the District of Alaska.

Whorenpon forthwith issued the following monition :

District or Alaska, Sot.

The President of the United States of America to the Marshal of tho District of
Alaska, greeting:

Wboreas a Tibol of information hath been filed in the District Court of the United
Slates for the District of Alaska, on the 28th day of Augast, in the year 1880, by M.
D. Ball, United Stales allorney far the distrtut aforesaid, on behalf of the United
States of America, against tho schooner " Onward," her laclcle, apparel, boatfi, cargo
And farnilure, as forteiled to the use of the United States for the reasons and causes
in the said libel of information mentioned, and praying that the neual process and
monition of Ihe said court in that behalf be made, aud that all persons interested in
the said t'Chooner " Onward," her tackle, apparel, boats, cargo and furniture, &c ,
may be oiled in general and special to answer the premises and all proceedings being
had, that the said schooner " Onward," her tackle, apparel, boats, cargo and furniture
may tor the caunos in tho said libel of information mentioned be condemned as for-
feited to the UHo of the United States.

You are tberufore huroby commanded to attach the said schooner " Onward,"
Ler tackle, apparel, boalH, cargo and furniture, to detain tho same in your custody
until tho further order of the court respecting the same, and to give notice to all
persons claiming the same, or knowing or having anything to say why the same
should not be condemned and sold pursuant to the prayer of the said libel of infor-
mation, that they be and appear before the t'aid court to be held in and for the Dis-
trict of Alaska, on the 4th day of October, 1886, at 10 o'clock in the forenoon of the
same day, if the same shall be a day of jurisdiction, otherwise on the next day of
jurisdiction therealter, then and there to interpose a claim for the same and to make
their allegations in that behalf.

And what you shall have done in the promises do you then and there make re- •
turn thereof together with this writ.

Witness the Honorable Lafayette Dawson, judge of said court, and the seal thereof
affixed at the city of Siika, in the District of Atlaska, this 28lh day of August,
in tho year of Oar Lord one thousand eight hundred and eighty-six, and of the
Independence of the United States the one hundred and eleventh.

(Seal.] ANDREW T. LEWIS, Clerk.

On the 6th day of Soploraber, 1886, was filed tho following affidavit :

IN THE UNITED STATES DISTKIOr COURT IN AND FOR THE DJSTfilCT
OF ALASKA, UNITED STATES OF AMBRIOA.

The Unitbd Statks of Amebioa.
vs.
The Schooner " Onward.",

SS.

United States of America,
District of Alaska.

C. A. Abbey being duly sworn, deposes and says :

That he is and at all times herein mnntionod wa-t, a uapUin in the United Slates
revenue marine, and in command of the United Stales revonae cutter " Oorwin."

That affiant and the following named offijars and men of said "Corwin " are
material uad neoensary wilnes^as for the Unilel Stales in the above entitled action,
to wit: J. W. Howison, liouteoanl; 0. P. Winslow, baatswain ; Albert Leaf, sea-
man ; J. G. Oantwell, lienlenant ; J. H, D juglas, pilot ; and J. U. Bhodes, Ueatenaut.

the form o'
fAUuka.

lio District of

of the United
r 188tf, by M.
>f the United
, boatti, cargo
DB and caoMH

1 prooeatt and
interested in

irnitare, &c ,
eedinga bein^
and farnitare
emned as for-

• "Oaward,"
yo\xr custody
3 notice to ati
rhy the sanae
ibel of infor-
d for the Dis-
ronoon of the
nozt day of
and to make

lere make re- '

> seal thereof
ly of August,
z, and of the

IS, Clerk.

it:

5 DISTRICT

Jnited States
'Ojrwin."
]5orwin " are
ititled action,
3rt Leaf, sea-
ts, iieatenant.

That owing to scarcity of proviaionrt and fnol upon said cutter " Carwin,'

the

said "Corwi i " and deponent and Haid witnesses will be obliged to, and are about to
go to sea within tive dayc*, ami out of the district in which the said cane is to bo
tried, and to a greater distance than one hundred miles from the place of trial of
eaid action beloro the time of said trial ,

That there is urgent necessity for taking the depositions of affiant und said wit-
nesses forthwith.

That Daniel Monroe was master and in possession of the said nchoocer "Onward "
at the time of seizure thereof.

C. A. ABBEY.
Subscribed and sworn *o before mo )
this 6th day of September, H86. j

Andriw T. Lxwis, Clerk.

On the same day was entered the following order :

In the Matter of the United States

SCHOONEB

do
do
do

VS.

"Thornton," Case
" Carolina," do
" Onward," do

" San Diego," do

No.

50.
61.
49.
02.

In the above entitled actions urgent necessity and good cause appearing therefor
from the affidavits of C. A. Abbey, now, on motion of M. D. Ball, United Staten
district attorney for Alaska, and counsel for the United States heroin, it is ordered
that the depositions of the witnesses, C. A. Abbey, J. W. Howison, J. 0. Cantwell,
J. U. Bhodes, J. H. Douglas, 0. T. Winsiow, Albert Leaf, C. Wilhelm, Thomas
Singleton and T. Lorensen be taken before the clerk of the said District Court ou
Tuesday the 7th day of September, 1886, at 7 o'clock, p.m., or as soon thereafter as
the matter can bo reached, at the office of said clerk, at Sitka, Alaska, and if not
completed on said evening, then the taking of said depositions to bo continued by said
clerk, from time to time, until completed. That notice of the time and place of
taking said depositions bo served by the marshal of said district on Hans Guttormson,
Jamea Blake, Daniel Munroe and Charles £. Baynor, and upon \V. Clark, £sq.^
attorney at law, on or before 7th September, at 12, m., and that such shall be due
and sufficient and reasonable notice of the taking of said depositions.

Done in open court this 6lb day of September, 1866, now at this time W. Clark,
Esq., being present in court waives service of notice.

On the 7th day of September, 1886, was filed the following notice and return of
service : —

IN THE UNITED STATES DISTRICT COURT, IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES OF AMERICA.

The United States of Amebioa

vs.
The Schooner "Onward."

To Daniel Monroe greeting: You are notified that by order of Lafayette Daw-
con^cdge of said district court, the depositions of C. A. Abbey, J. W. Howison, C.
P. Winsiow, Albert Leaf, J, C. Cantwell, J. H. Douglas, and J. U. Rhodes will be
taken before the clerk of said Dibtrict Court at his office, in Sitka, in said district, on
Tuesday, 7th September, 1886, at 7 o'clock, p.m., or as soon thereafter as the matter
can be reached, and if not completed on said evening, the taking cf said depositions
will bo continued by said clerk, from time to time, until completed.

ANDREW T. LEWIS, Clerk.

Dated 7th September, 1886.

I...

United Status of Amkbioa, 1 oq .

District of Alaska. j

This is to oortify that on tue \'th day of Septetnbor, 10^), before 12 o'clock noon
of that day, I served the aanex'^a notioe oa the within named Daniel Monroe, at
Sitka, Didtriot oi' A.Uska, by then and there personally delivering to said Daniel
Monroe a oopy of siid notice. And then and there gave him the privilege of being
piesent at the taking of said depositions.

BARTON ATKINS, United States Marshal.
Dated 9th September, 1886.

Os the lOth day of September, 1886, were filed the following depositions: —

IN THE UNITED S lATBS DISTRICT COURT, IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES AMERICA.

United States

Tub Schooner " Onwabd." — No. 49.

Deposiiions of witnesses sworn and examined before me on the 7th day of
September, A D. Ib8(), at 7 o'clock p.m., of said diy, and on 8th and 9th September,
1886, thereafter, at the clerk's office of said ourt, in Sitk*. District of Alaska, United
States of America, by virtue and in pursaar. e of the order of said court, made and
entered in the above entitled action on 6th Saptembor, A.D. 18S6, directing that the
testimony and depontions of said ivitna^'te:) ba t^ikia bafora m) at said drdt men-
tioned time and place and at such subsequent times as the taking of the same ntiight
be ooutinued to by me, in paid action then and there pending in said <)is^rict Court
between the UcitoJ States as plaintiff and the sohooner " Oaward ' ab d. Pendant, on
behalf of and at the instance of the said plaintiff, the United S^atei, ai'd upon notice
of the time and place of taking said depositions, served upo Daniel Monroe, the
captain of said schooner, and in possession thereof at time of seizure, and upon W.
Clark. Esq., his attorney, the owners thereof being unknown and without the juris-
diction of this court.

Captain 0. A. Abbky, being duly eiworn, deposes and says; —

I am a captain in the United States revenue marine servioa, at present in com-
mand of the United States revenue steamer " Corwin, " on special duty in Alaskan
"wr.ters, for the protection of the seal ielanda and of the Government interests gener-
ally.

Q. What were you doing and whi t cccurrod on 2nd of Augu-it last in the lino of
your doty ? A. Cruising in Bjhring Sea, about 116 rnilessouth south-eas', from Sl.
George Island and in about latitude and longitude ; between

four and five o'clock in the mcning, when Iwt Lieut. J. W. Howijon reported to
me that there was a schooner alongside of us, which in answer to his hail replied that
ehe was taking fur seals liore in Behring Sea. 1 then directed him to seizj her and
place her in charge of C. T. Winslow, boatswain of the "Corwin," I having no com-
missioned officer to spare at that ame. I then got a hawser to her and proceeded to
Oonalaska harbor w(ure I placed the vessel, carg), tackle, furniture and appnrteti-
Ances in charge of Deputy United States marshal Isaac Andorson, of Oonalaska ;
the cavgo of fur seal skins being stored in " Keuch," in one of iho warehouses of the
Alaska Commercial Company and under seal.

The arms a-'i -mmnnition I took aboard the "Corwin " and brought to Sitka,
and delivered t . ■" ■ to tbj United States marshal there; the said vessel, tackle, furni-
ture and nargo •. .t» now in the custody of the United States marshal of tb*8 district.

Q. Was this the vessel against which the libol of information is filed ? A. It ie«.

Q, Did this alt oooor within the waters of A aska and the TorriC3ry of Alaska
and within the jurisdiction of this court ? A. It did.

'clook noon
Monroe, at
laid Danie!
go of being

arshal.

,1008 : —
DISTRICT

'th day of
Soptoruber,
ika, Unit&d

made and
ag that the

UMt men-
latne niiight
8;.fict CJourt
fendaat, on
LipoQ notice
toaroe, the
I upon W.
t the juris-

ant in com-
in Alaskan
rests genoi-

n the line of
8»i from Si.
; between
reported to
replied thiit
zi her and
ing no com-
proueedod to
d appai'teii-
Oonalaaka ;
loases of the

ht to Sitka,
;ackle, fami-
this district.

i? A. Urn.
^ of Ala-ika

Q. Did this occur within the waters of the sea navigable for veesels of (10) ten
tons burden or over ? A. It did,

0. A. ABBEY.
Subscribed and 8worn to before me this 9th day ^
of September, A.D. 1886, after having been >-
read over by me to deponent. )

Andrew T. Lewis, Clerk U. S, Dist. Court,

J. W. Howi^oN, being duly sworn, deposes and says : —

Q, State your name, age and oosupation? A. J. W. Eowison, am over 21
years of ago, Ist Lieutenant in the United State-t revenue service and executive
officer on the United States revenue steamer "Corwin " and was such on the 2nd of
August of this year.

Q. State what happened on 2nd August, 1886, in the line of your duty? A.
Between 4 and 6, a.m., I npake to the schooner " Onward," of Victoria, B.C., and
asked if thoy were catching seal in Behring Sei and they answered yea. I reported
the same to the commanding offljor o^tha "Oorwin," wh > ordered the vessel seized.
I lowered the boat with the boatswain, 0. T. Winslow, and two men and a line, pul-
led to the schooner and put the boatswain and two men on board, told the captain of
the sjhooner, D.iniol Monroe, that I seized him for oatchin j fur seal in Bjhring Sea.
I ran a line from the " Onward " to Lhe schooner "Carolina," already in tow, and
returned to the " Corwin.''

Q. State the place of this seizure as near as you can recollect? A. The posi-
tion is given as Latitude 55" nortn. and longitude l6Y^ 40' west, that is about 110 or
115 miles to the south and east of St. Gdorge.

J. W. HOWISON.
Subscribed and sworn to before me this 9th day")

of September, A.D. 1886, after having >•

been read over by me to deponent. )

Andrew T. Lewis, Clerk V, S. Dist. Court,

• Lieut. John C. Cantwell, being duly sworn, deposes and says : —

Q. State your name, occupation and age ? A. John 0. Cantwell, 3rd Linatenant
United States revenue marine service, at present on duty United States revenue
steamer " Corwin," and over the ago of twenty-one years— and was so during two
years last past.

Q. Do you recognize this paper ? A. I do. It is the official inventory mado
by me on or about the \t\.h of August, 18:i6, of the furniture, tackle, appurtenances
and cargo of the schooner •' Onward." This inventory was made in consequence of
the seizure of the vessel and gives a true and complete list of the furniture, tackle,
appurtenances and cargo of said vessel, with the exception of the arms and
ammunition. (Said inventory contains the usual ship's furniture of a vessel of the
class ot the " Onward," navigating instruments, lights, tools, sails, hhip's stores and
400 seal skins. The receipt of I. Anderson, Deputy United States marshal at Oona-
laska, I4th August, 1886, for said furniture, stores and cargo is attached thereto.)

" By witness " the item " 400 seal skins " in said inventory means fur seal skins..

JOHN C. CANTWELL, 3rd Lieutenant, U. S. R, M,

Subscribed and sworn to before me this 9th day )
of September, 1886, after having been read v
over by me to deponent. j

Andrew T. Ijewis, Chrk U. S. Dist. Court,

John U. Rhodes, being duly sworn, deposes ajd says: —

Q. State your name, age and oooupation ? A. John U. Rhodes. I am over the
age ot twenty-one years and a lieutenant in the United States revenue marine and
attached to the revenno steamer "Corwin."

%: I

Q. Do yoa recognize this paper ? A. I do. This piper marked (Ex. " M ") is
tho clearance paper of the schoorier " Onward," Victoria, B.C. I foaud this paper
on the faid ischooDor at the time of her Heizure and then and there took posHeseion of
it. (Said clearance describes the " Onward " as a British schooner of 85.20 tona^
navigated with four men, wood built, and bound for Pacific Ocean and Bebring Sea,
having on board ballast for fishing and hunting voyage.) It is dated at Victoria,
B.C., 1 2th April, 188().

Q. What arms and arr.manition, if any, dia you find aboard the schooner
"Onward" at the time of her seizure ? A. Twelve guns, one k^g powder, partly
"filled, one 3an of powder, half ii bag of buck-shot, two amp.ll bags caps.

Q. What was done with these arms and ammunition? A. They were brought
1o Sitka on the " Corwin " and turned over to the United States marshal at Sitka
and are now in his custody.

JOHN U. RHODES.

Sabscribcd p.nd sworn to before me this 9th '^pv )
of Soptomber, A. D. 1886, after havij; -
been read over by me to deponent. )

Andrew T. Lewis, Clerk U. S. Dist. Court.

John U. Bhodes beirg duly sworn, deposes and says: —

Q. State your name, age and occupation ? A. John U. Bhodes, lieutenant
United Slates revenue marine, at present on the United States revenue steamer
*' Corwin," and over the age of twenty-one years.

Q Was any other property seized upon the schooner " Onward " except what is
included in the general inventory? A There was a box containing clothing and
nautical instrumoots, the box was marked Daniel Monroe, master of the schooler
"Onward."

Q What was done with this property ? A. I tamed it over to the United
States marshal at Sitka, and it is now in his custody.

JOHN U. RHODES.
Subscribed and sworn to before mo this 9th day
of September, A. D. Ifc86, alter having
been read over by mo to deponent.

Andriw T. Lewis, Clerk U. 3. Dist. Court.

]

Charles T, Winslow, being duly sworn, deposes and says: —

Q. State your name, ago and occupation. A. My name is Charles T.
Winelcw, 48 years of age. I am a boatswain on the revenue cutter " Corwin," and
-waa FO on ^nd August, lti86.

Q. State what occurred on the last mentioned day. A. At about 5 or 6, a.m. I
"was ordered by Lieut. Howiton to go on board the schooner "Onward," which he
hud seized, and I did so.

Q. What did you see on board, if anythini> ? A. About amidships on deck I
saw 2U or 30 dead fur seal that had not been skinned, and some of them were
bleediig. Thoie were nine canoes on board with bloody water in them and with
epeais und outfit suitable for seal killing. Captain Monroe, of the "Onward," then
told mo ho had caught 25 fur seal the day before the Baizure and 125 the day bolure
that. This wus in answer to my statement that the "Carolina" had 75 seal ici her
boats.

CHARLES T. WINSLOW.

Subscribed and sworn to before mo this 8th day
of September, A.D. 1886, after having
been read over by mo to deponent,

Andrew T. Lewis, Clerk U. 3. Dist. Court.

« M ") is

hia paper
Hession of

&.2U tODB,

ring Sea,
Victoria,

schooner
er, partly

broajB^ht
1 at Sitka

DES.

lieatenant
> steamer

pt what is

thing and

schoo^ er

16 United
DBS,

harles T.
mn," and

!• R. a.m. I
which he

:m deck I
lem were
and with
»rd," then
day bel'ore
oal iii her

jOVf.

AliBEKT Leaf, being dnly sworn, deposes and says ; —

Q. State your name, age and occupation. A, Albert Leaf, over 21 years of '^ige,
and a seaman employed on the revenue cutter " Corwin," and was so on the 2nd day
of Angnst last.

Q. What happened on the last named day in connection with the schooner
" Onward " ? A. I was placed oa board the schooner " Onward " by Lieut, Hov; ison
when the vessel was. seizedi 1 muw dead fur seal with fresh blood on them on the
forward deck and fresh fur seal sklus on the deck, and there were salted fur seal
skins in the hold. I saw nine canoes with blood in them, and spears oquipned for
seal killing. All this was upon the schooner " Onward " at the time of her hoizure.

ALBERT LEAP.
Subscribed and sworn to before me this 8th day 1

of September, A.D. 1886, after having >■

been read over by me to deponent. )

Andrew T. Lewis, Clerk U. S. Dist. Court.

IN THE UNITED STATES DISTRICT COURT. IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES OF AMERICA.

The United States

The Schooneb " Omwabd."— No, 49,

Whereas on the 6th day of September, 1886, the said District Court duly made
and entered in the journal of Haid court an order directing that the testimony and
depositions of the witnesses : C. A, Abbey, J, W. Howinon, J. C. Cantwell, J. U.
Rhodes, C, T, Winslow and Albert Leaf be takon before me, the clerk of said court,
at the time or times and place and upon such noiice as are specified in said order.

Now, therefore, this is to certify — that in pursuance of said oraer, on 7th Sep-
tember, 1886, at 7 o'clock, p,m„ each and all of the above-named witnesHoa appeared
before me at the clerk's office of said court at Sitka, District ot Alanka, United States
of America; that M. D. Ball, Esq., distr.ct attorney of said court and district, and
W. H. Puysoii, E!»q., appeared ihen and there on behalf of anu uh attorneys and
proctors for the United States, the libellant herein ; and W. Clark, Esq., then and
there appeared on behalf of and as attorney and proctoi for the Muid schooner and
her owners herein, and Daniel Munroo then and there appeared in pursuance of
notice servea upon him.

That I was unable to complete the taking of said depositions on said 7th day of
September, 1886. and I continued the taking thereof on the 8th and 9th of September,
l<v;*-, and completed the tiamo on aaid last named d«y. That thunaid parlies by
their ■«id attorneys and proctor-^ then and there appeared and weto present on each
of said last named days and at all times during the takings ot said depOKitionf, That
each of '<aid witne»>8es was then and there duly cautioned and wworn by me, that
the evidence he should give iu said action should be the truth, the whole truth, and
nothing but the truth, and thereafter each of said witnesses wjih then and thore
examined before mo, and I then and there took down the state muni and testimony
of each of said witnussos, and reduced the same to writing in his presence, and then
read the same over to him ; and be then and there, after the samo had been ho
reduced to writing and read over to him, subscribed the same in my presence, and
swore to the truth thereof.

That the foregoing depositions are the depositions of said witnesses then and
theie tnkcn before me as aforesaid. That due notice of the taking of said depositions
was given an required by said order.
Witness my hand and ihe peal of said District)

Court this 9tb day of September, A.D. 1886. [
[L.S.] Amdrmw T. Lewis, Clerk of the United States District Court

m and for the District of Alaska, Untied States of America,

65—6

On 20th September was filed the following amended libel of information : —

In the United States Distbiot Couax, in and for the Distkiot of Alaska,

United States of Amehioa.

August Special Term, 1886.
To the Honorable Lafayette Dawson, Judge of said Disti-iot Court,

The amended libel of information of M. D. Ball, attorney for the United States
for the Ditttriot of Alaska, who prosecutes on behalf of the said United States and
being present hero in court in his own proper person, in the name and on behalf of
the said United States, alleges and informs as follows, to wit : —

That C. A. Abbey, an officer in the revenue marine service of the United States,
duly comm ssioned by the President of the United States, in command of the United
States revetiuc cutter ' Corwin," and on special duty in the waters of the District of
Alat>ka herctoioie, to wit, on the 2od day of August, 1886, within the limits of Alaska
Territory, and in the waters thereof, and within the civil and judicial district of
Alaska, to wit, within the waters of that portion of Behring Sea belonging to the
United StatoH and said district, on waters navigable from the sea by vessels of ten or
more tonn burden, seized the schooner " Onward," her tackle, apparel, boats, oargo
and furniture, being the property of some person or persons unknown to said attor-
ney. The said property is more particularly described as follows, to wit :—

One schooner " Onward," of Victoria, B.C., nine canoes, carpenters' tools, caulk-
ing implements, three anchors, chronometer, clock, nautical instruments, sails, run-
ning rigging, rope, twine, lamps, oil, throe tons of salt, casks and buckets, 400 fur
seal skins, provisions, twt Ive guns and ammunition for same, and all other property
found upon or appurtenant to said schooner. That said C. A. Abbey was then and
there duly commissioned and authorized by the proper dopartmeut of the United
States to make said seizure.

That all of said property was then and there seized as forfeited to the United
States for the following causes : —

That said voBsel and her captain, officers and crew were then and there found
engaged in killing fur seals within the limits of Alaska Territory and in the waters
thereof, in violation of section 1956 of the Eevised Statutes of the United States.

That all the said property, after being seieed as aforesaid, was brought Into the
•port of Oonalaska in said territory, and delivered into the keeping of Isaac Ander-
son, a deputy United States marshal of this dietriot, with the exception of said arms
and ammunition, which latter were brought into the port of Sitka in said district and
turned over to ti"j United States marshal of this district and all said property is now
within the judicial district of Alaska, United States of America.

And the said M. D. Ball, attorney aforesaid, further informs and alleges: —

That on the 2Dd day of Aaga«t, 1886, James Markotich and ret tain other jt i-
sons whose names are unknown to said United State* attorney, wiio were then and
there engaged on boaid of the said schocmer " Onward' asi Hcumon and seal hunters
did, under the direction and by the authority of Daniel Munroe, then and there master
of said schooner, engage in killing and did kill, in th* Territory and District of
Alaska, and in the waters thereof, \.o wit, 30 tur heal, in violation of section 196t) of
the Revised Statutes of the United Stiite^ in such cases made «nd providrd.

That the said 400 fur seal skins, and other goods so r<cized on board of said
schooner " Onward " constituted the cargo ot said Mitiooaer at the time ot the killing
of »aid fur seals, find at the time oi naid seizure.

And said attomay saith that all and sing'ilar th'^ premises were and are true
and within the admiroltv and maritime jun-idicti u of the United States, and of
this houorab'e court, and that by reason thereof, end by torce of the 8tatutos in
such cases nwide and jirovided, the aforementioned i-chooner, being a vosselof over
20 tons burden, and her tackle, apparel, boats, cargo and turniture, became and are
forfeited to the use &1 the United States.

Wherofoio the said attorney nruys that the usual process and monition of this
honorable court issue in tbic« behalf against eaid schooner and all said hereinbefore

on : —

LASKA,

1886.

ited States
States and
1 behalf of

ited States,
the United
District of
1 of Alaska
district of
^ing to the
Is of ten or
loats, cargo
said attor-

oo]8, caulk-
, sails, ruTi-
ets, 400 fur
9r property
is then and
the United

the United

there found
the waters
. States,
rht into the
saac Ander*
)t eaid arm-*
district and
lerty is now

ogee: —
n other jov-
tre then and
seal hunters
here master
District of
ition 196ti of
fd.

oard of said
t the killing

ind are true
itatos, and of
I statutes in
ftiKHel of over
amo and are

ition of this
hereinbefore

described property to enforce the forfeiture thereof, and rei^uiring notice to be givea
to all porHOUH to uppear and show cause, on ibe nnurn day of said process why said
forfeiture should not bo decreed ; and that after due proceedings are hai, all of said
property be adjudged, decreed and condemned as forfeited to the use of the United
States; and (or such other relief as may be pr.)per in the p'-^ntiises.
Dated 20th September, IcSS.

M. D. BALL, United States District Attorney for the District of Alaska.

On tbo same day was filed the following claiin: —

In the LTnited States Distsiot C"Ubt foh the District of Alaska.

In Admiralty.

In the matter of the libel of information against the schooner " Onward" her
iackle, apparel, furniture and cargo.

Claim of Master for Owner,

And now Daniel Monroe, master of the schooner '• Onward," intervening for tho
interests of Charles Spring & Co., of Victoria, B. O , the owners of thiS schooner
"Onward," her tackle, apparel, furniture and cargo, as set forth in tho libd of infor-
mation herein, appears before this Honorable court and makes claim to the tiaid
flohoonor " Onw td," her tackle, upparel, furniture uad cargo, as sot forth in the said
libel of information and as tho same are attached by the marshal under process of
this court at the instance of M. D. B^tU, Esq., Uuiied States district attorney for tho
District of Alaska.

And the said Daniel Monroe avers that tbe said Charles Spring & Co. wore ia
possession of tiie said schooner "Onward" at the time of the attachment thereof, aad
that the said Charles Spring & Co , above named, are the true bona fide owners of the
eaid schooner, her tackle, apparel, furniture and cargo as seized by the marshal
aforesaid and that no other person is tbe owner thereof.

Wherefore he prays to defend accordingly.

DANIEL M.ONKOB.
Subscribed and sworn to before me ihis )

I8th day of Soptomber, A. D. 1886 j

L.S.] Andrew T, Lewis, Clerk of U. S, District Court for the District of Alaska,

Clark & D. A. Dinolet, Proctors for Claimant.

On the same day was filed also the following demurrer : —

IN THE DISTRICT OOHET OF THE UNITED STATES FOR THE DISTRICT

OP ALASKA.

Unitbd States

vs.

Charles Spbinq and Schooner '' Onwabd."

Demurrer.

The demurrer of Charles Spring & Co., claimants of the property proceeded
against in the above oaase to the amendmi information filed herein.

Ist. The said claimants bf protestation, not onfessing ili or any of che matters
io said amended information to bo true, demurs thereto and says that the suid matters
in manner and form, as tho same are in said information stated and set forth, are not
snfficiettt in law for tho United Status to have and maintain their said ^iotion for the
forfeiture <»f tho property aforesaid.

2nd. The suid claimants by protestation deny that this ''oart has jurisdiction to
determine or try the ques Jon hereby put in issue.

3rd. And that said claimants are not bouad by law to answer the aam«.
66— 6J

Wlierefore tho said claimants, Charles Spring &Co., pray that the said informa-
tion may be dismisBed with co.stH.

W. CLARK AND D. A. DINGLEY, Proctors for Claimania,

Which demurrer was overruled by the court.

On the same day was filed the followirg answer of claimants:—

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRIOT OP

ALASKA.

Unxtkd States
vs.
Chaelbs Spbinq & Co., and Schooner "Onwahd."

Answer.

The answer of Charles Spring & Co., chiimants and owners of ?aid schooner
** Onward," her tackle, apparei, furniture and cargo, as the same are set forth in tke
information filed heroin in behaU of the United btates.

And now comes Charles Spring & Co., claimants as aforesaid and for answer to
the snid information against the said schooner " Onward," her tackle, apparel, furni-
ture and cargo as set forth in said information says that the paid schooner " Onward,"
her tackle, apparel, furniture and cargo as set forth in the information mentioned
did not, nor did any part thereof become forfeited in manner and form as in said in-
formation in that behalf alleged, or at all.

Wherefore, the said claimants pray that said information bo dismissed with
costs to these claimants attached.

W. CLARK and D. A. DINGLEY, Proctors for Claimants.

United States, \ gg^
District of Alaska. |

Personally appeared before me, W. Clark, who being first duly sworn upon his

oath, says : —

I am the duly uuthorized proctor for the claimants above named, that the fore-
going answer in true as 1 verily believe. That the reapon this affidavit is made by
me and not by claimants, is because said cluimaats are non-residents and are absent
from the District of Alabka.

(This was treated as subscribed and sworn to by Daniel Monroe, master.)

Subscribed and sworn to before me this )
day of September, A. D. 1886. j

On 22nd September, 1886, were filed the following exceptions to answer ; —

UNITED STATES DISTRICT COURT MSTBICT OF ALASKA, UNITED

STATES OF iMEMCA.

United Miksob

vs.

The Sohoonbb " Onward.' — No. 49.

The said libellant hereby excepts to the suflScioncy of the defendant's answer
herein, on the following grounds:—

Ist. Said answer is not properly or at all verified as required by rule 27 of the
United States Admiralty rules;

2nd. Said answer is not full, explicit or distinct to each or any allegation of the
libel herein, as required by said rule.

ji*

3rd. Said answer does not deny or ndmit any of the ullegationB or facta in said
libel, bat merely denies a conolasion of law.
2l8t September, 1686.

M. D. BALL AND W. H. PAYSON, Proctors for Libellant.

Which exceptions were sustained hy the court and on the same day was filed
the following amended answer : —

IN THE UNITED STATES DISTRICT COURT FOE THE DISTRICT OP

ALASKA.

United States

vs..

Charlis Spring & Co., and Schooner " Onward."— iVb. 49.

Amended Answer — In Admiralty,

To the Honorable Lafatitte Dawson, Judge of the Uni ted States Diatrict Court
for the District of Alaska.

Daniel Monroe, master of the schooner " Onward," intervening for the interests
and in behalf cf Charles Spring & Co., owners and claimanis of said schooner
*' Onward," her tackle, apparel, furniture and cargo for amended answer to the libel
of information herein against said schooner, her tackle, apparel, furniture and cargo,
alleges as follows : —

1st. That he denies each ard every material allegation in said libel of informap
tion contained ;

2Dd. Denies that the said schooner " Onward," her tackle, apparel, furniture,
and cargo, and the property appertaining thereto as bet forth and uescribed in said
libel of information or any part thereof became forfeited to the United States ;

3rd. Denies that said schooner, her captain, officers and crew or any one of them
were found engaged in killing fur seal within the limits of Alaska waters and within
the territory of Alaska in violation of section 195ti of the Revised Statutes of the
United States as set forth in said libel of iDformaiiou or at all ;

4ih. Denies that they killed any number, great or less, or any number at all, of
fur seal or other lor bearing animals within the waters of Alaska, or within the said
territory of Alaska or in any part thereof.

5th. That all and singular the premises herein net forth are true.

Wherefore said master prays that this honorable court will be pleased to pro-
nounce against the libel herein and that the same may be dismissei with costs to
these claimants attached.

W. CLARK AND D. A. DINGLEY, Proctors for Claimants.

United States, ) qq .

District of AlaselA. | '

Daniel Monroe, being first duly sworn upon his o&th, says : —

I am the master and captain of the schooner " Onward." That I have heard
read the foregoing answer and know the ooateats thereof and that tho same is trua
of my own personal knowledge.

DANIEL MONROB.
Subscribed aud sworn to before me this ) , .

22nd day of September, A.D. 1886. j

Andrew T. Lewis, Ckrk of the U. S. District Court for the District of Alaska.

On the -tth day of October, 1886, was filed the following return to the munition
issaed on the 28th day of August, 188t>, cited on pagd 3 of this transcript:

fii

Sitka, 1 go

DisTBioTOF Alaska. )

fie it remembered, that, in obedience to iha annexed monition, I have attached
the within described property and now hold the same in my possession sabjeot to the
order ot this honorable court ;

And 1 have given doe notice to all persons claiming said property to be and
appear before this District Court on the 4th day of October, 1886, at 10 o'clock, a.m.,
if the same shall be a day of jurisdiction, otherwise on the next day of jurisdiction
thereafter, then and there to make their claims and allegations in that behalf;

And that I have as ordered by said court caused said notice to be published, and
the same has been published in the Alaskan, a newspaper published at Sitka, in
eaid district, on the 4th day of September, 1886, and in each issue of said newspaper
eubsequent thereto, until the said 4th day of October, 1886.

BARTON ATKINS, Marshal, District of Alaska.

Sitka, Alaska, 4th October, 1886.

On the same day the following decree was entered :

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES OF AMERICA.

Unitid Statbs

vs.

Thb Sohooneb " Onwabd," — M. 49.

The marshal having returned on the monition issued to him in the above enti-
tled a<'tion that in obedience ther^-to he has att: ched the schooner " Onward," her
tackle, apparel, boats, cargo and furniture and has given due notice to all persons
claiming the same to appear before this court on this 4th day of October, 1886, at
10 o'clock, a.m., at the District of Alanka, United States of America, then and there to
appear and make thoir allegations in that behalf; and Daniel Monroe, the oaptMn of
5aid vessel, having heretofore filed a claim to all said property on behalf of Charles
Spring & Co., of Victoria, B. C, the owners thereof, and no other persons having ap-
peared and DO claims or allegations having been made or filed herein by any other
Eerson or persons, and the usual proclamation having been made, and said cause
avingbeen heard upon the pleadings and proofs, M. D. Ball, Bsq., and W. H. Payson,
Esq., appearing as advocates for the said libellant, and W.^Olark, as advocate for said
claimants; and the cause having been submitted to the court for deoi'^ion. and due
deliberation being had in the premises, it is now ordered, sentenced and decreed as
follows : —

1st, That all persons whatsoever other than said claimants be and they are
hereby declared in contumacy and default.

2nd. That said schooner " Onward " her tackle, apparel, boats and furniture and
Lt cargo of 400 fur seal skins, and all other property found upon or appurtenant to
said schooner, be and the same are hereby condemned as forfeited to the use of the
"United States,

3rd. That unless an appeal be taken to this decree within the time limited and
prescribed by law and the rules of court the usual writ of vetviitioni exponas be issued
to the marshal, commanding him to sell all of said property and bring the proceeds
into this court to be distributed according to law. Costs to be taxed are awarded
Against said claimants.

Dated 4th October, 1886 .

LAFAYETTE DAWSON, District Judge.

Done in open court this 4th day of October, 1886, at Sitka, District of Alaska,
XTnited States of America.

ANDREW T. LEWIS, Glerh

On the Bame day the following motion was filed : —

IN THE UNITED STATES DiSTElOT COURT FOR THE DISTRICT OP

ALASKA.

Unitkd Statbb

vs.

Chakles SpaiNfi & Co. and Schooner •• Onward."

Motion to set aside Decree.

Now come W". Clark and D. A, Dingloy, proctors intervenine for and in behalf
of the claimants heroin, and moves the c.)Uit to set aside the docioo entered herein
for the reason that the evidence produced on bchalt of the United Stutes is wholly
ineafflcient upon which lo base said degree.

W. CLARK AND D. A. DINGLE Y, Proctors for Claimants.

Which motion was, by ihe court, overruled and thereupon the following notice
of appeal was filed :

IN THE UNITED STATES DISTRCOT COURT FOR THE DISTRICT OP

ALASKA.

United States

vs.

Charles Sprins & Co. and Schooner " Onward."

Notice of Appeal.

And now come W, Clark and D. A. Dingley, proctors for and in behalf of tho
claimants herein, and notifies this honorable court that they hereby appeal from the
decree rendered herein to the Circuit Court having appellate jurisdiction over this
district and that said appeal is taken on questions of law and fact, and pray the
court lor an order on its clerk to prepare a complete transcript of the record herein,
as the law requires.

W. CLARK AND D. A. DINGLEY, Proctors for Claimants.

On the 9th day of February, 18S1, was entered the following order : —

In the Matter op the Umtbd States

vs.
Schooner " Onward,"

do " Thornton,"

do " Carolina,"

do «' San Diego,"
Arms and Ammunition Schr. " Sierra,"
Arms and Ammunition Schr. " City op San Diego," do

In the above causes, upon motion of the attorney for tho United States and argu-
ment of counsel for the United States and for the interveners in said causes, and
consideration by the court, it is this day ordered that writs of venditioni exponas do
issue from the clerk of the said court to the marshal of the said dihtrict, for the sale
of the attached vessels, with their tackle, cargoes and furniture of whatsoever des-
cription, and of the arms rfnd ammunition attached in said causes; and as to said
attached vessels that tho sale of the same (except the schooner •• San Diego," which
shall be sold at Sitka) shall be made at Port Townsend, in the district of Washington
Territory, and as to the seal skins, part of the cargoes of paid vessels atiached, that
sale of the same shall bo made at San Francieco, in the district of Cal fornia, and
that (sale of said schooner " San Diego," and all the other attached property b»

No.

49.

50.

51.

5:\

.7,

£)8.

su.>

made at Sitka, in the diHtrict of Alahka. Thirty dayn* notice of such sales to bo
given at each of the plact s where the Hamo are to be made, by posting fluch notice,
or by publicuLiuii in »oine newspuper published at bu( h places respectively. And
that said murbhul do huvo the monoyn arisint? fiora ^^uch sales, together with the
■writ commanding the xaine, at a di8tri(jt court of the United States for this, the said
district ol Alaska, to bo hold on the first Monday of Septombor, I8d7, and that he
then pay the same to the clerk of said court.

Clkrk's Office, U. S. Distbiot Court, Distbiot of Alaska,

Sitka, 10th March, 1887.

I, Andrew T. Lewis, clerk of the said court, do certify that the foregoing tran"
script of the record in the case of the United States vs. the schooner " Onward," her
tackle, apparel, &c., on libel of information, &o., pending in said court, has been com-
pared by me with the original, and that it is a correct transcript therefrom and of
the whole of such original record, except the full text of the exhibits referred to in
the testimony therein, the purport of which only is stated, and that the said
purport of exhibits is correctly stated, as the same appears of recoi-d at my office and
in my custody.

[Seal.] ANDREW T. LEWIS, Clerk.

IN THE UNITED STATES DISTRICT COURT, FOR THE DISTRICT OF

ALASKA.

The United States, Libellant,
vs.
The Schooner "Thornton," her tackle, &c.
On libel of information for being engaged in the business of killing fur seal in Alaska,

TRANSOBIPT OF RECORD.

On the 28th day of August. 1386, was filed the following libel of information : —

In THE District Court op the United States for the District of Alaska,

August Special Term, 1886.

To the Honorable Lafayette Dawson, Judge of said District Court.

The libel of information of M. D. Ball, attorney for the United States for the
district of Alaska, who prosecutes on behalf of the said United States, and being pre-
sent here in court in his proper person, in the name and on behalf of the said United
States, against the schooner '■ Thornton," her tackle, apparel, boats, cargo and furni-
ture and against all persans intervening for their interest therein, in a cause of for-
feiture, alleges and informs as follows : —

That Charles A. Abbey, an officer in the revenue marine service of the United
States and on special duty in the waters of the district of Alaska, heretofore, to wit,
on the first day of August, 18^6, within the limits of Alaska territory and in the
waters thereof, and within the civil and judicial district of Alaska, to wit, within the
waters of that portion of Behring Sea belonging to the said district, on waters navi-
gable from the sea by vessels of ten or more tons burden, seized the ship or vessel
commonly called a fechooner, the "Thornton,' her tackle, apparel, boats, cargo and
furniture, being the property of some person or persons to the said attorney un-
known, as forfeited to the United States for the following causes: —

That the saiil vessel or schooner was found engaged in killing fur seal within
thd limits of Alaska territory and in the waters thereof, in violation of section 1956
of the Revised Statutes of the United States.

And the said attorney saith that all and oingular the premises are and were true
and within the admiralty and maritime jurisdiction of this court ; and that by reason
thereof, and by force of the statutes of the United States in such cases made and pro-

vidod, the aforementioned and dcHcribod schooner or vohsoI, boiny a vobhoI ot over
twenty tons burden, her tackle, appaiol, boats, durgo and f'nrnitare, bocHtno and aro
forfeited to the une of the Haid United States, and that said schooner is now within
the dintrict aforesaid.

Wherefore the said attorney prays that the usual process and monition of this
honorable court isbue in this behalf, and that all persons interested in the before-
mentioned and described schooner or vessel may be cited in general and special to
answer the premises, and all due proceedings being had, that the nuid sohoonor or
vessel, her tackle, apparel, boats, cargo and furniture, may for tho cause afore-
said, and others appearing, bo condemned by the definite sentence and decree of this
honorable court, as forfeited to the u^e of the said United States according to tho
iorm ol the statute of the said United Siates in such cases made and provided.

M. D. Ball, United States District Attorney for the District of Alaska.

Whereupon forthwith issued the following monition : —

District op Alaska, Sot.

The President of the United States of America to the marshal of tho district of
Alaska, greeting ;

Whereas a libel of information hath been filed in tho District Court of the United
Stales for the district of Alaska, on the 28th day of August in the year 1886, by M.
D. Ball, United States attorney for the district aforesaid, on behalf of the United
States of America, against the schooner " Thornton," her tackle, apparel, boats,
cargo and furniture, as forfeited to the use of the United States for the reasons and
causes in said libel of information mentioned, and praying the usual process and
monition of the said court in that behalf to be made, and that all persons interested
in the said schooner " Thornton," her tackle, apparel, boats, cargo and furniture, &c.,
may be cited in general and sp<^cial to answer the premises and all proceedings being
had, that the said schooner " Thornton," her tackle, apparel, boats, cargo and furni-
ture may for the causes in the said libel of information mentioned be condemned as
forfeited to the use of tho United States.

You aro therefore hereby coniraanded to attach tho said schooner " Thornton,"
her tackle, apparel, boats, cai ^o and furniture, to detain the same in your custody
until the further order of the court respecting the samt), and to give notice to all
persons claiming the same, or knowing or having anything to say why tho same
should not be condemned and sold pursuant to the prayer of the said libel of inform-
ation, that they be and appear before the said court to be held in and for tho
District of Alaska, on the 4th day of October, 1(^86, at 10 o'clock in tho forenoon of
the fcame day, if the same shall be a day of jurisdiction, otherwise on the next day of
jurisdiction thereafter, then and there to interpose a claim for the same and to moke
their allegations in that behalf.

And what you shall have done in tho promises do you then and there make
return thereof together with this writ.

Witness the Honorable Lafayette Dawson, judge of said court, and the seal
thereof affixed at the city of Sitka in the District of Alaska, this 28th day of August,
in the year of our Lord one thousand eight hundred and oighty-six, and of the
Independence of the United States the one hundred and eleventh.

[Seal.]

ANDREW T. LEWIS, Olerk.

M^^

,%. ^^. n%t

IMAGE EVALUATION
TEST TARGET (MT-3)

//^A^

1.0 ^^ ^

= mm

■ 2.2

^ us. 12.0

I.I

L25 iU IIIIII.6

1.8

7W ^/^^

Photographic

Sciences
Corporation

23 WEST MAIN STRKT

WIBSTBR.N.Y. U5«0

(716) S72-4S03

On 6th September, 1886, was filed the following affidavit :—

INTHliJ UNITED STATES DISTRICT COURT, IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES OF AMERICA.

Thi Umitbd Statkb of Ambbioa

VI.

Thb Sohoonib " Thornton."

UnITID StATIS of AhIBIOA, ) (jQ

District of Alaska. | °^'

C. A. Abbst, being daly sworn, deposes and says :—

That he is and at all times herein mentioned was, a captain in the United States
revenue marine, and in command of the United States revenue cotter " Corwin."

That affiant and the following named officers of said " Corwin " are material and
necessary witnesses for the United States in the above entitled action : J. C. Cant-
well, lieutenant ; J. U. Rhodes, lieutenant ; J. H. Douglas, pilot.

That owing to scarcity of provisione and fuel upon said cutter " Corwin," the
Mdd " Corwin " and deponent and said witnesses will be obliged to, and are about to
go to sea within five days, and out of the district in which the said case is to be tried,
and to a greater distance than one hundred miles from the place of trial of said
action before the time of said trial;

That there is urgent necessity for taking the depositions of affiant and said
iritnepses lorthwith.

That Hans Outtormsen was master and in possession of said schooner '* Thorn-
ton " at the time of seizure thereof.

C. A. ABBEY.
Subscribed and sworn to before me this )
6th day of September, 1886. j

Andbbw T. Liwis, Clerk.

On the same day was entered the following order :

In thb MAxrBB of Thb Unitbd Statbs

vs.

Sohoonkb "Thobnton," Case No. 50.
do " Carolina," do 61.
do " Onwabd," do 49.
do " San Dieoo," do 52.

In the above entitled actions urgent necessity and good cause appearing there -
tor {torn the affidavits of G. A. Abbey, now on motion ot M. D. Ball, United States
district attorney for Alaska, and counsel for the United Slates herein, it is ordered
that the depositions of the witnesses, 0. A. Abbey, J. W. ^lowiaon, J. C Cantwell,
J. U. Bhodes, J. H. Douglas, C. T. Winslow, Albert Leaf, U. Wilhelm, Thos. Single-
ton .md T. Lorensen be taken before the clerk of the said District Court on Tuesday,
the 7th day of September, 1886, at 7 o'clock, p.m., or as soon thereafter as the matter
can be reached, at the office of said clerk, at Sitka, Alaska, and if not completed on
■aid evening, then the taking of said depositions to be continued by said clerk, from
time to tim:«. until completed. That notice of the time and place of taking said
depositions be »:<» veA by the marshal of said district on Hans Gattormsen, James
Blake, Daniel 1^ anroe and Charles £. Rayuor, and upon W. Clark, Esq., attorney at
law, on or before 7th September, at 12, m., and that such shall be due and sufficient
and reasonable notice of the taking of said depositions.

Done in open court, this 6th day of September, 1886, now at this time W.
CSlark, Esq., btung present in court waives service of notice.

On the 7th day of September, 1886, was filed the following notice and rotarn : —

IN THB UNITED SATES DISTRICT COURT, IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES OF AMERICA.

Thx Unitkd Statib of Amkrioa

vs.

Thi Sohoonib <* Thobnton."

To Hans Onttormeen, greeting: Yoa are notified that by order of Lafayett»
Dawson, jadge of said Diatriot Court, the depositions of C. A. Abbey, J. C. CantwelU
J. U. Rhodes and J. H. Douglas will be taken before the olerk of said District
Goort at bis office, in Sitka, in said district, on Tuesday, 7th September, 1886, at 7
o'clock p. m., or as soon thereafter as the matter can be reaohea, and if not com-
pleted on said evening, the taking of said depositions will be continued by said clerk,
from time to time until completed.

Dated 7th September, 1886.

ANDREW T. LEWIS, CTer*.

UmrxD Statsb or Amxbioa, ) on

DisTBioT or Alaska. )'

This is to certify that on the 7th day of September, 1886, before 12 o'clock^
noon, of that day, I served the annexed notice on the within named Hans 6uttorm>
aen, at Sitka, District of Alaska, by then and there personally delivering to si&id
Hans Guttoimeen a copy of said notice ; and then and theie gave him the privilege
of being present at the taking of said depositions.

Dated 9th September, 18i:6.

BARTON ATKINS, U. 8. Marshal.

On 10th September, 1886, were filed the following depositions :—

UN THE UNITED STATES DISTRICT COURT, IN AND FOR THB DISTRICT
OF ALASKA, UNITED STATES OF AMERICA.

Thb Unitkd Statbs

Thb Sohoonbb " Thornton." — No. 60.

Depositions of witnesses sworn and examined before me on the 7th day of Soptern^
ber, 1886, at 7 o'clock, p.m., of said day and on 8th and 9th September, 1886, there-
after, at the clerk's office of said court in Sitka, District of Alaska, United States
of America, by virtue and in pursuance of the order of said court, made and entered
in the above entitled action on September 6th, I8fe6, directing that the testimony
and depositions of 6aid witcesses be taken before meat said first mentioned time
and place and at such subsequent times as the taking of the Fame might be con-
tinned to by me, in said action then and there ponding in said District Court between
the United States as plaintiff and the schooner " Thornton " as defendant, on behalf
and at the instance of the said plaintiff, the United Statec, and upon notice of the
time and place of the taking of said depositions, served upon Hans Guttormsen, the
captain of the schooner and in possession thereof at time of seizure, and ui. >q W.
Clark, Esq., his attorney, the owners thereof being unknown and without the
jurisdiction of this court.

Captain C. A. Abbbt, being duly sworn, deposes and sayp : —
Q. State your name and occupation? A. Captain C. A. Abbey, in the United
States revenue marine service, at present in command of the United States revenue
Steamer " Corwin " on speciii duty in Al&skan waters, for the protootiou of the seal
islands and of the Government interests in Alaska generally. .

Q. What were yoa doing and what occarred on the Ist day of August last in
the line of yoor duty ? A. 1 was oruiHing io fiehriog Sea about 70 miles south
soath-eant from St. George Island in about latitude and longitude . I

found the four boats of the British stean schooner *' Thornton,'" of Yiotoria, B.G.,
engaged in killing fbr seal. Each boat bad in her from three to eight frenhly killed
seal, arms and ammunition, rowora and hunters who stated that they belonged to
the said schooner " Thornton " and were engaged in taking or killing fur seal.
Some of them, if not all, were seen shooting at the fur seal which were swimming in
their neighborhood. On this ovidence I cautod the vessel to bo seized by Lieut.
Gantweli, took her in tow and proceeded with her to Oonalaaka where I placed the
vessel, cargo, tackle, furniture and appurtenances in charge of Deputy United States
Marshal Isaac Anderson of Oonalaska ; the cargo of fur seal skins being stored in
"Eenoh," in one of the warehouses of the Alaska Commercial CSompany and under
seal. One boat of the <* Thornton " was sent to Sitka by the schooner San Diego
and placed in custody of the United States marshal at Sitka. All of this propertj
is DOW in the custody of the United States marshal at Sitka, including her arms
and ammunition which I brought to Sitka on the " Ckirwin."

Q. Was this the vessel against which the libel of information is filed 7 A. It is.

Q. Did this all occur within the waters of Alaska and the Territory of Alaaka
and within the jurisdiotion of this court ? A. Tt did.

Q. Did this occur within the waters of thd sea navigable for vessels of ten tons
burden or over? A. It did.

0. A. ABBBT.
Sabsbribod and sworn to before me this")

9th day of September, A.D. 1886, after [■

having been read over by me to deponent. )

[Skal J Andmw T. Ltwis, Glerk United States District Court.

Lieut John C. Cantwkll, being duly sworn, deposes and says: —

Q. State your name, occupation and age? A. John G. Oantwell, 3rd lieutenant
United States revenue marine service, at present ou duty United States revenue
steamer " Corwin " and over the age of twenty-one years.

Q Were yon so on the 1st day of August last ? A. I was.

Q. State what occurred on that day in the line of your duty? A. I saw a small
boat on the port bow ; we came up to her and found she had about 8 far seal on
board. The men in the boat were armed with breach- loading rifles, in answer to
the commanding officer the men admitted they were killing fur seal. Shortly after
we picked up a second boat and then sighted the schooner " Thornton." There
were dead seal in the second boat. I did not examine the other boats, I was sent on
board the schooner, saw Hans Guttormsea apparently acting as captain and Henry
Norman hs mate. I asked them what they were doing. The captain replied,
Catching seals. I signaled this to Captain Abbey, who directed me to seize her,
which I did and the "Corwin" took the schooner in tow. The fur seal in the
boats wore bleeding and must have been killed within a few hours.

Q.. How many men were on board of the "Thornton " at the time of seisure?
A. About fifteen.

Q. Was this a reasonable number for ordinary purposes of commerce and
navigation ? A. It was an unusually large number for the size of the vessel.

Q. Do you recognize this paper 7 A. I do. It is the ofBcial inventory made
by mu ot the furniture, tackle, and cargo of the schooner " Thornton." (Inventory
•embraouri the usual furniture, rigging, nautical instruments, boats and stores of a
vessel of this class with a cargo of 4U3 seal skins, 3 seal pup skins and one hair seal
skin, and they are receipted for by I. Anderson, Deputy United States marshal,
Oonalaska, l4th August, lb86.) The item 403 seal skins mentioned in the inventory
are fhr seal skins. This inventory gives a full and correct list of all the furniture,
tackle and cargo of said vessel, with the ezoeption of the following: — Arms and
4tmmnnition, octant and one ohronameter. There is one boat belonging to the

*' Thornton " that was sent down on the " San Diego " and inoloded in the inventory^
of the " San Diego. The '* Thornton " had four boats.

JOHN C. CANT WELL, 3rf Lieut. U. S. R M.

]

Sabfioribed and sworn to before me this 9th d»y '
of September, A.D. 1886, aftei- having been
read over by me to deponent.

[Seal.]

ANcaiw T. Lewis, Clerk U. S. Dist. Court.

.ToHN U. Bhodss, being daly sworn, deposes and says : —

Q. State yonr name, age and ooca patio D ? A. John U. Ehodea, over 21 years
of age and lieatenant in the United States revenue marine and attached to the
Bevenae steamer "Corwin," and was so on the Ist day of AagUBt, 1886.

Q. State what happened on the last named day in connection with the schooner
*• Thornton " ? A, I was on the " Corwin " at the time the " Thornton " was seized
on that day. We first picked ap a boat bearing the name " Thornton," it had about
8 dead fur seal in it, the men in the boat had breech-loading rifles, we afterwards
picked up another boat and then sighted the schooner " Thornton " and went on
board and was put in charge of her. We aitorwards picked_up two more boats, the
men in the boats claimed that the boats helongod to ~'

on board of her. There were between 15 and 20
hair seal. These seal were moet of them bleeding

The captain and several of the hunters said tfawy had killed 21, 1 think it was, fur
seals that day, and would have got more if they had had more daylight and if the
cutter had not come up.

Q. Do yon reoognise these papers ? A. I do. This paper marked (Ex. "G")
is the clearance p^er of the dchooner " Thornton " (this paper represents the British
steam schooner " Thornton," Hans Guttormsen, master, 22'3U tons, navigated with
15 men, bound for the Pacific Ocean, Behring Sea and Okhotsk Sea, on a hunting
and fishing voyage, as having cleared from Victoria, British Columbia, 15th May,
18^6). This paper marked (Ex. " H ") is her bill of health (issued same date and
place with clearance) . I found thebe papers in the schooner " Thornton " at the
time of seizure and then took possession of them.

Q. What was the list of arms and ammunition found aboard the schooner
" Thornton " at the time of seizure ?. A. 4 rifles, 6 shot guns, 867 shot gun cart-
ridges, 420 rifle gun cartridges, 108 lbs. powder, 1 keg powder, partly filled, 2 bags
bullets, 11 bags buck shot, 5 boxes wadn, 3^ boxes primers.

Q. What has become of these arms and ammunition ? A. They were delivered
to the United States marshal at Sitka and are now in his custody.

JOHN U. RHODES, Lieut. U. S. B. M.

the '• Thornton " and were put
dead fur seal on deck and one
and evidently recently killed.

Subscribed srd sworn to before me this 8th day
of September, A.D. lHb6, after hnving bee
read over by me to tbe deponent.

fjJoal.J

•1

Andrew T. Lewis, Clerk U. S. Dist. Court.

John U. Ehodis, being duly sworn, deposes and says: —

Q. State your name, age and occupation ? A. John U. Shodcp, lieutenant
Uuiied States revenue marine, nt present on duty on the United Slates revenue
steamer " Corwir," end over the age of 21 years.

Q. Slate what nautical instruments, if any, were seized on the schooner
"Thornton," except such as are included in her general inventory? A. Ona
chroncmeter, No. 1374, made by Eessels and one octant*

Q. What has beoome of this property ? A. I tarned it over to the United
States marshal at Sitka, and it is now in his oastody.

JOHN U. RHODES.

Sabsoribed and sworn before me this 9th "^
day of September, A.0. 1886, after having >■
been read over by me to deponent. j

[Seal.] Anobiw T. Liwis, Clerk U. 8. District Court,

J. H. DoVQLAS, being duly sworn, deposes and s^s : —

Q. State your name, age and occupation ? A. J\ H Doaglas ; am over the
age of 21 yearA ; am a pilot in the revenae marine service of the United States, and
have boon so for the seven years last past. I am now, and on the first of August,
1886, was pilot on the revenue steamer *' Corwin."

Q. State what occurred on the last named day in connection with the schooner
"Thornton?" A. We sighted a boat on our port bow and soon after saw another
boat ; steamed to the first boat and ordered her to come alongside, which she did.
The name " Steamer Thornton " was on the stern of the boat. There were two or
three men in the boat with arms, and six or eight dead fur seal which bad the ap-
pearance of having been lately killed. I asked the men what luok they had had. One
of thorn replied : *' We have six or eight, but not as good &% some days." We took
possession of the boat and contents by order of Captain Abbey. We then picked up
the second boat, finding it engaged in the same business ; then we oighted a schooner
drifting without sail or steam, which proved to be the steam schooner " Thornton."
On coming up with her she was seizcKl, by order of Oapt. Abbey, and taken in tow.
We then picked up two more boats belonging to the "Thornton," having dead
fur seal on board. This was in Bahring Sea, about 65 miles south east from St.
George's Island, and about 500 or 600 miles to the eastward of the western boundary
line of Alaska territory.

Q. State what experience you have had in the fur sealing business, and your
knowledge of the habits of the fur seal ? A.I have been cruising for more than
fifteen years off and on in Alaskan waters, always as an officer or pilot, and have
visited the Pribiloff Islands, St. Paul and St. George, several hundred times, and am
perfectly familiar with the sealing business an conducted on those islands and under-
stand the migrating habits of the fur seals. From about the 1st of May to about the
1st of July of each year the fur seal is migrating north- and mostly through the
Unimak and Akntan Pauses to theiio islands for breeding purposes. They go to no
other place in the known world except these inlands and Copper Island for breeding
purposes.

After the breeding season of about a month they begin to migrate soath
and until November of each year are migrating soath through Behring
Sea. During this season, from May till November, the fur seal are plenty in
the waters adjoining the Pribiloff Islands, and are migrating to and from these
islands, and are at all times very plenty between Unimak Pass and said islands, in a
track about thirty miles wide, which seems to be their highway to and from said
inlands. The schooner " Thornton " and her boats when seized were directly on this
track.

Subscribed and sworn to before me this 8th
d»y of Sept<>mber, A.D. 1886, having been
read over by me to deponent.

J. H. DOUGLAS.

.[Seal.]

A. T. Liwis, Clerk U. 8. District Court.

I TJaited
)B3.

over the
tates, aad
it August,

Bchooner
w another
h she did.
re two or
ad the ap*
I had. One

We took
picked up
a schooner
Thornton."
en in tow.
iving dead
9t from St.
1 boundary

and your

more than

and have

LOH, and am

and under*

about the

irough the

ey go to no

or breeding

;rate south
Behring
plenty in
from these
islands, in a
id from said
actly on this

JQLiS.

IN THE UNITKD STATES DISTHIOT COURT, IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES OF AMERICA.

Thi Unitid States

v$,

Thk Sohoonbb " Thornton."— No. 60.

Whereas on the 6th day of September, 1886, the said District Court duly made
and entered in the journal of said court an order in the above entitled action, direct-
ing that the testimony and depositions of the witnesses : C. A. Abbey, J. C. Cant*
well, J. U. Rhodes and J. H. Douglas, be taken before me, the clerk ot said court, at
the'time or times and place and upon such notice as was specified in said order :

Now therefore this is to certify that in pursuance of said order, on 7th Septem-
ber, 1886, at 7 o'clock, p.m., each and all of the above-named witnesses appeared
before me at the clerk's office of said court at Sitka, District of Alaska, United
States of America ; that M. D. Ball, Esq., district attorney of said court and district,
and W. H. Payson, Esq., appeared then and there on behalf of and as attorneys and
proctors for the United States, the libellant herein ; and W. Clark, Esq., then and
there appeared on behalf of and as attorney and proctor for the said schooner &nd
her owners herein ; and Hans Gottormsen then and there appeared in pursuance of
notice served upon him.

That I was uurble to complete the taking of said depositions on said 7th day of
Septomher, 1886, and I continued the taking thereof on the 8th and 'Jth of Soptem-
ber, 1886, and completed the same on said last named day. That the said parties by
their said attorneys and proctors then and there appeared and were present on each
of said last named days and at all times during the taking of Baid depositions. That
each of eaid witnesses was first duly cautioned an4 sworn by me, then and there,
that the evidence he should give in said action should be the truth, the whole truth,
and nothing but the truth, and thereafter each of said witnesses was then and there
examined before me, and L then and there took down tho ^tatoment and torttiraouy
of each of eaid witnesses, and reduced the same to writing in his presence, and then
and there read the same over to him ; and he then and there, after the same had
been so reduced to writing and read over to him, subscribed the same in my preseoce,
and swore to the truth thereof-

That the foregoing depositions are the depo.sitions of said witnesses then and
there taken before me an aforesaid. That dua notice of the taking of said depositions
was given as required by said order.

In witness whereof I have hereunto set my hand and the seal of said District Court,
this 9th day of September, 18»6.

ANDREW T. LEWIS,

CUrk U, S. Biit. Court in and for the Dist. of Alaska, United States of AmericOm

On the 20th day of September, 1886, was filed the following claim of master for
owner : —

In the United States District Court for the District oe Alasica.

In Admiralty.

In the matter of the libel of information against the schooner « Thornton," her
tackle, apparel, furniture and cargo.

Claim of master for owner.

And now Hans Guttormsen, master of the schooner " Thornton " intervening
for the interest of J. D. Warren, of Victoria, B.C., the owner of the said schooner
** Thornton," her tackle, apparel, furniture and cargo, as set forth a the libel of in-
formation herein, appears before this honorable court and makes .aim to the said
eohooner " Thornton," her tackle, apparel, furniture, and cargo, s set forth in tho
said libel of information and as the same are attached by the marshal under process

of this oonrt at the instanoe of M. D. Ball, Esq., United States district attorney for
the District of Alaska.

And the said Hans Gattormsen avers that the said J. D. Warren was in posses-
aion of the said schoorcr at the time of the attachment thereof.

And that vhe said J. D. Warren above named is the true and bond fide owner of
the said scboonv^r, her tackle, apparel, cargo and farnitnre as seized by the said
marshal as afores^ud and that no other person is the owner thereof. Wherefore he
prays to defend accordingly.

HANS GUTTORMSEN.
Sobsoribed and sworn to before mo this )

18th day of September, A. D. 1886. J

Amdkbw T. Liwis, Clerk cf the U. S. Digt. Court for the District of Alaska.
[Seal.]
W. Olabx. and D. A. Dinolkt, Proctors for Claimant.

On the same day was filed the fbllowing amended libel of information : —

In thb Unitid Statis District CouhT, in and for ths District of Alaska,^

Unitbd Statxs of Amcrioa.

Angast Special Term, 1886.

To the Honorable Lafati.ttx Dawson, Jadge of said District Court : —

The amended libel of icformation of M. D. Ball, attorney for the United States
for the District of Alaska, who prosecat«s on behalf of said United States, and being
present here in coart in his own proper person, in the name and on behalf of the said
t7Dit<>d States, alleges and informs as follows, to wit : —

That C. A. Abbey, an officer in the revenue marine Eervioe of the United States,
duly commissioned by the President of the United States, in command of the United
States revenue cutter " Corwin," and on special duty in the waters of the District of
Alaska heretofore, to wit, on the 1st day of August, 1886, within the limits of
Alaska Territory and in the waters thereof and within the civil and jndici.%1
district of Alaska, to wit, within the wateis of that portion of fiehring Sea belong-
ing to the United Htatos and said district, on waters navigable from the sea by
.vessels of ten or more tons burden, seized the schooner "Thornton," her tackle,
apparel, boats, cargo and furniture, being the property of some person or persons
unknown to said attorney. The said property is more particularly described as
follows, to wit: —

1. Schooner 'Thornton "of Victoria, B.C., 4 boats with oars, sails and gear;
carpenters' and caulking tools and materials; 5 tons of coal, 10 yds. of canvas, clock,
ohronGs:;cter, nautical instruments, provisions, sails and running gear, ropes, twine,
lamps, oil, casks, buckets, engine and gear, 20 sacks of salt, 403 fur seal skins, 1 hair
seal skin, 3 pup seal skins, 4 rifles, 6 shot guns, and arms and ammunition for same,
and all other property found upon or appurtenant to said schooner.

That said C. A. Abbey was then anu there duly commissioned and authorized
by the proper Department of the United States to make said seizure.

That ail of said property was then and there seized as forfeited to the United
States for the following causes : —

That said vessel, her captain, officers and crew were then and there found en-
gaged in killing fur seals within the limits of Alaska Territory and within the waters
thereof, in violation of section 1956 of the lievised {Statutes of the United States.

That all the said property, after bein^j seized as aforesaid, was brought into the
port of Oonalaska in said territory, and delivered into the keeping of Isaac Ander-
son, a deputy United States marshal of this district, with the exception of the said
arms and ammnnition, which latter were brought into the port of Sitka, in said
district, and turned over to the United States marshal of this district, and all of said
property is now within the judicial district of Alaska, United States of America.

And tho said M. D. Ball, attornoy an aforesaid, farther informs and alleges:—
That OD the Ist day of Aagunt, 1886, Henry Norman, and certain olhor persons
whoM Dames are to said United States attornoy unknown, who wore then and
there engaged on board of the said schooner " Thornton " as Heamen and seal-hnnters^
did, and«r the direction and by the authority of Hans GattormHen, then and there
master of said schooner, engaged in killing and did kill, in tho Territory and District
of Aiasks, and in tho waters l hereof, to wit, 2U fur seals, in violation ot sootion 19&t>
of the Revised Statutos of the United State?, in such oases made and provided.

That the said 40H far peal skins, 3 pup skins, 1 hair seal skin, and other goods so
aeised on board of said schooner " Thoroton '* constituted the cart^o of said schooner
at the time of the killing of naid fur seals, and at the time of said se'zure.

And sAid attorney saith that all and singular the premises wore and are true and
within the admiralty and maritime juri»diolion of tne United StatOH and of this
honorable court, and that by reason thereof, and by force of the statutes in such
oases made and provided, the aforementioned schooner, being a vessel ot over 20 tons
burden, and her said tackle, upparel, boats, cargo and furniture, became and are
forfeited to the use of the United States.

Wherefore the said attorcev prays that the npual process and monition of this
honorable court is6ue in this behalf against said fichooner and all said hercinbeforo
described property to enforce the forfeiture thereof, and requiring notice to be given
to all peieons to appear and show cause, on tho return day of said process, why said
forfeiture should not be decreed ; and that after duo proceedings are had, all of said

groperty be adjudged, decreed and condemned as forfeited to tho uho of the Unite
tbtes ; and for such other relief as may be proper in the premises.

Dated 20th September, 1886.

M. D. BALL, XJ. S. Dist. Attorney for the District of Alaska.

On the same day was filed the following demurrer : —

IN THB UNITED STATES DISTRICT COURT FOR THE DISTRICT OP

ALASKA.

Unitii) Status

vs.
J, D. Warbkn ANr SoHooNiB " Thornton."
Demurrer.

The demurrer of J. D. Warren, claimant of the property proceeded against in the
above cause to the information fileid herein.

let. The said claimant by protestation, not confessing all or any of the matters
in said amended information contained to be true, demurs thereto and says that tho
fiaid matters in manner and form, as the tame are in the information stated and get
forth, are not sufficient in law for the United States to have and maintain their said
action for the forfeiture of the property aforesaid.

2nd. The said claimant by protestation denies that this court has jurisdiction to
determine or try the question hereby put in issue.

3rd: And that the said claimant is not bound in law to answer the same.

Wherefore the claimant prays that said information may be dismissed with costs.

W. CLARK AND D. A. DLNGLBY, Proctors for Claimant.

Which demurrer was overruled by the court, and on the same day was filed th»
ioUowing answer : —

66—9

IN THE UNITKD STATES DISTRIOT OOUKT FOR THE DISTHIOI OP

ALASKA.

Umitu) Statis

v».

J. J>. Wasbj^n and Sohoohbb ** T:::«ifTOM."

Answer of nUumant.

The aoHwer of J. D. Warren, owner and olaimant of the said schooner " Thorn-
-ton," her tackle, apparel, cargo and farnitnre, as the same are set forth in the infor-
mation filed herein in behalf of the United States.

And now comes J. D. Warren, claimant as aforesaid, and for answer to the said
information against the said schooner " Thornton," her tackle, apparel, fornitare
and cargo as set forth in said information eays that the said schooner "Thornton,"
her tackle, apparel, farnitnre and cargo as set forth in the information mentioned,
^id not nor did any part thereof become forfeited in manner and form as in said
information in that behalf alleged, or at all.

Wherefore, the said claimant prays that said information be.dismissed with costs
•to this claimant attached.

W. OLABK AMU D. Ai DINGLET, Proctors for GUnmcaU.

On the 22nd of September, lb86, were filed the following exceptions to
answer : —

UNITED STATES DISTRIOT COURT, DISTRICT OP ALASKA, UNITED

STATES OF AMBRICA.

Unitbd Statis

V8,

Thi Sohoonbb ** Thobnton."— JVo. 50.

The said libellant hereby excepts to the sufficiency of the defendant's answer
4ierein, on the following grounds : —

Ist. Said answer is not properly or at all verified as required by rale 27 of the
United States Admiralty rales;

2nd. Said answer is not full, explicit or distinct to each or any allegation of the
libel herein, as reqoired by said rale ;

3rd. Said answer does not deny or admit any of the allegations of fact in said
libel, but merely denies a conclusion of law.

2 Ist September, 1886.

M. D. BALL AND W. H. PAY30N, Proctors for Libellant.

Which exceptions were sustained by the court, and on the same day was filed the
ibllowing amended answer :—

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRIOT OP

ALASKA.

Unitii> Statbb

vs.

J. D. Wabbbn and Sohoonbb " Thobnton."

Amended Answer,

To the Honorable Lafatbttb Dawson, Judge of the United States District Court
for the District of Alaska.

Hans Gattormsen, master of the schooner "Thornton," intervening for the
Interest of and in behuf of J. D. Warren, owner and claimant of said schooner

I OP

Thorn-
i inform

lie nid
irnitare
rnton/'
itioned,
in Bftid

ithoosta

atU.
tiont to

JNITBD

answer
27 of the
>n of the

in said

Uant.
filed the

lOT OP

lot Goart

g for the
Bohooner

" Thornton," her tackle, apparel, farnitare and cargo for amended answer to the libel
of information herein, against said schooner, her tackle, apparel, farnitare and cargo,
alleges as follows : —

1st. That he denies each and every material allegation in said libel of inform»-
tion contained ;

2nd. Denies that the said schooner " Thornton," her tackle, apparel, farnitare,
cargo, and the property appertaining thereto as set forth and described in said libel
of information or any part thereof became forfeited to the United States ;

3rd. Denies that said schooner, her captain, officers and crew or any one of them
were fonnd engaged in killing far seal within the limits of Alaska Territory and
within the waters thereof in violation of section 1956 of the Revised Statutes of the
United StateH as set forth in said libel of information or at all ; '

4th. Denies that they killed any number of far seal or other far bearing animals
within the waters of Alaska or the Territory of Alaska or in any part thereof.

6th. That all and singaiar the premises herein are trae.

° Wherefore said master prays that this honorable coart will be pleased to pro-
aoance against the libel herein and that the same may be dismissed withoodts to the
claimants to be taxed .

W. GLARE AND D. A. DINGLBT, Proetorsfor Ctaimant.

UnITSD StATIB, \aq

Dittrict of Alaska. ]°°'

Hans Gattormsen being first duly sworn, says he is master of the schooner
*' Thornton," that he has heard read the foregoing answer and knov/s the contents
thereof and that the same is true of his own personal knowledge.

H. GUTTORMSBN.
Subscribed and sworn to before me this )

22nd day of September, A.D. 1886. J

Andmw T. Lewis, Clerk of the U. S. Diet. Court for the District of Alaska.

On the 4th day of October, 1886, the motion cited, page 5, was returned with the
following eadorsement : —

SiVKA,

District of Alaska

]

SS.

Be it remembered, that, in obedience to the annexed monition, I have attached
the within described property and now hold the same in my possession eubjaot to the
order of this honorable court ;

And I have given duo notice to all persons claiming said property to ba and
appear before this District Oourt on the 4tn day of October, 1886, at 10 o'clock, a.m.,
if the same shall be a day of jurisdiction, otherwise on the next day of Jurisdiction
thereafter, then and there to make their claims and allegations in that behalf: —

And I have caused said notice to be published, and the same has been published
in the Alaskan, a newspaper published at Sitka in said district, on the 4th day of
September, 1886, and in each issue of said newspaper subsequent thereto, until 4th
day of October, 1886.

Sitka, Alaska, 4th October, 1886.

BARTON ATKINS, Marshal, Dist. of Alaska.

On the same day was filed the following decree : —

IN THE UNITED STATES DISTRICT COURT, IN AND FOR THE DISTRICT
OP ALASKA, UNITED STATES OP AJIBRLCA.

Unitsd Statbs

vs.

Thi Sohoonbb ** Thobmton."— JVo. 60.

The marshal having returned on the .onition issued to him in the above enti*
tied action that in obedience thereto he haa attaohed the said sohooner " Thornton,'*
66--1J

100

bar taokla, apparel, boats, cargo and fa.nitare, and has given due notice to all ner-
•ODH claiming the same to appear before this oonrt on this 4th day r/ Oclobor, 1886,
•t 10 o'clock, a.m., at the DiBtriot of Alaska, United States of ^A uerica, then and
there to interpose their claims and make their allegations in that behalf; and Hans
OoUarmsen, tne captain of said vessel , having heretofore filed a claim to all of said
property on behalf of J. D. Warren, of Victoria, B. C, the owner thereof, and no
other persons having appeared and no claims or allegations having been mude or filed
herein by any other person or persons, and the usual proclamation having been
made, and said cause having been heard upon the pleadings and proofs, M. D. Ball,
Bsq,. and W. H. Paygon, Esq., appearing as advocates for said liiiellant, and W.
Olark as advocate for said claimant ; and said cause having been submitted to the
oourt for decision, and due deliberation being had in the premises, it is now ordered,
sentenced and decreed, as follows : —

1st. That all persons whatsoever, other than said claimant, be and they are
hereby declared in contumacy and default.

2nd. That the said schooner " Thornton/' her tackle, apparel, boats and furni-
ture and her cargo of 403 fur neal skins, and all other property found upon and ap-
purtenant to said schooner, be and the same are hereby condemned as forfeited to
the use of tb United States.

8rd. That unless an appeal be taken to this decree within the time limited and
prescribed by law and the rnlcs of this court, the usual writ of venditioni exponas
be issued to the marshal commanding him to sell all of the said property and bring
the proceeds into this court to be didtributed 'coording to law. Costs to be taxed
•re awarded against said claimant.

Dated 4th October, lt-86.

LAFAYETTE DAWSON, District Judge.

Done in opon oourt this 4tb day of October, ISHB, at Sitka, District of Alaska^
United States ot America.

Clerk.

On the same day was filed the following motion to set aside decree : —

IN THE UNITED STATES DISTBICT COURT FOB THE DISTfUCT OF

ALASKA.

Unitbd Statxs

vs.

J. D. WaBBIN and SoHOON KB " Thobmtom."

Motion to set aside Decree.

Now come W. Clark and D. A. Dingley, proctors intervening for and in behalf
of the claimant herein, and moves the court to set a^ide the decree rendered herein
for the reason that the evidence produced on behalf of the United States is wbojly
insofficient upon which to base sai^ decree.

W. OLABE .iN> D. A. DINGLEY, Proctors for Claimant.

Which motion was overruled by the court, and on the same day was filed the
Ibllowing notice of appeal :

IN THE UNITBD STATES DISTBICT COURT FOB THE DISTBICT OF

ALASKA.

Unitbd Statis

vs.

J. D. Wabbin and Schoonxb " Thobnton."

Notice of Appeal.

And now come W. Clark and D. A. Dingley, proctors for and in behalf of tho
olBimant herein and notifies this honorable court that they hereby appeal from the

101

Case No. 4».

do 60.

do 61.

do 62.

" S.*aaA."

do 67.

- San Dikoo,"

do 68.

-deoree rendered herein to the Ciroait Coart having appellate iariadiotion over this
diBtriot, and thi t eaid apptml in taken on qaestions of law and fsot, and prays tbtt
«oart lor an order on iUi clerk to prepare a comploto tranaoript of the reoord heroin,
M the law requires.

W. CLARK AUD D. A. DINGLE Y, Proctors for Clainant.
On the 9th day of Pobraary, 1887, wad entered the following order :—
In tub Mattbb or tbi United Statcs
va.

SOHOONBB " OnWABD,"

do " Thobnton,"

do " Cabolina,"

do " San Ditoo,"
Abms and Ammunition Sona.
Abmb and Ammunition Sobb.

In the abovo oaasea, upon laotion of the att^ ooyfor the United States and argv-
inent of ooansel for the United States and ior tV^e interveners in naid oannes, and
consideration by the coart, it is this day ordered th'* writs of venditioni exponas do
issne from the clerk of said coart to the marshal of said distri'^t, for the sale of the
attached vessels, with their tackle, caifKoes ar>d farnitnre of whateoev or description,
and of the arms and ammunition attached in said oaases; and as to said attached
vessels that the sale of the name (except tbe schooner " San Diego," which shall be
■old at Silka) shall be made at Port Townsend in the district of Washington Terri-
tory, and as to the seal skins, part of the cargoec. of said vessels attached, that sblo
of the same shall be made at San Francisco, in the district of Oalifornia, and tha^ tho
sale of said schooner " San Diego," and all the other attached property be made at
Sitka in the district of Alaskn. Thirty days' notice of sach sale to be given at each
of the places where the same are to be made, by po'^ting sach notice, or by publica-
tion in some newspaper published at sach places respectively. And tiiat said
marshal do have the moneys arising from such sales, together with the writ com-
manding the same, at a district court of the United States for this, the said district
of Alaska, to be held on the first Monday in Si*ptember, 1887, and that he then pay
the same to the clerk of said court.

Olbbk'b Oman, U. S. Distbiot Coubt, Distbiot of Alaska,

Sitka, 10th March, 1887.

I, Andrew T. Lewis, clerk of the said court, do certify that the foregoing tran>
script of the record in the case of the United States vs. the schooner <* Thornton,"
her tackle, apparel, &c., on libel of information pending in said court, has been
compared by me with the original, and that it is a correct transcript therefrom and
of the whole of such original, except the full text of the ezhibite referred to in the
testimony therein, the purport of Nvhich only is stated, and that the purport of
said exhibits is correctly stated, as the same appears of record at my office and iu
my custody.

Witness my hand and the seal of said court this 10th day of March. 1887.

[Seal.] ANDRBW T. LEWIS, Clerk.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF

ALASKA.

Thb Unitbd Statcs, Libbllant,

vs.

lEM Soboonkb " Cabolina," hbb taoklb, &o.

On libel of information for being engaged in the business of killing fur-seal in Alaska,

tbamsobipt of bboord.

On the 28th day of August, 1886, was filed the followiag libal of infbrmation :-4

102

lii^

In TBI DisT&ioT CouBT or TBI Unitsd Statbs roB TBI DidTBioT or AlA8KA»

August Spcoial Tkrm, 1886.

To the Honorable LArATiXTB Dawson, Jadge of said District Goart :

The libel of information of M. D. Ball, attorney for the Onited States for the
District of Alaska, who prcsecnles on behalf of said United States, and being present
herein conrt in his proper perHon, in the name and on behalf of the said United
States, against the schooner " Carolina," hor tackle, apparel, boatfl, cargo and fami*
tare and against all persons intervening for theirinterest therein, in a caaee of forfei*
ture, alleges and informs as follows : —

That Charles A. Abbey, an ofl^cer in the revenue marine service of the United
States and on special duty in the waters of the District of Alaska, heretofore, to wit,
on th* firfct day of August, 188t), within the limits of Alaska Territory and in the
waterti thereof, and within the civil and judicial district of Alsbka, to wit, in the
waters of that portion of Behring Sea belonging to eaid district, on waters naviga-
ble from the sea by vessels of ten or more tons burden, seised the ship or vessel
oommonly called a schooner, the "Carolina," her tackle, apparel, boats, cargo and
furniture, being the property of tome person or persons to said attorney unknown,
as forfeited to the use of the United States for the following causes :

That the said vessel was found engaged in killing fur seal within the limits of
Alaska Territory and in the waters thereof, in violation of section 1956 of the Bevised
Statutes of the United States.

And the said attorney saith that all and singular the premises are and were truo
and within the admiralty and maritime jurisdiction of this court; and that by reason
thereof, and by force of the statutes of the United States in such cases made and
provided, the aforementioned and described schooner or vessel, being a vessel of over
twenty tons burden, her tackle, apparel, boats, cargo and furniture, became and are
forfeited to the use ot the fcaid United States, and that said schooner is now within
the district aforesaid.

Wherefore the said attorney prays that the uso&l process and monition of this
honorable court issue in this behalf, and that all persons interested in the beforemen-
tioned and described cchooner or vessel, may be cited in general and special to answer
the premises, and all due proceedings being had, that the said schooner or vessel, her
tackle, apparel, boats, cargo and furniture, may for the causes aforesaid, and others
appearing, becondetnned by the definite sentence and decree of this honorable court,
as forfeited to the use of the said United States according to the form of the statutes
of the said United States in such case made and provided.

M. D. BALL, U. S. Dist. Attorney for the List, of Alaska.

Thereupon issued forthwith the fr)llowing monition : —
DisTBiOT or Alaska, Sot.

The President of the United States to the marshal of the District of Alaska,
greeting :

Whereas a libel of information hath been filed in the Dlf'trict Court of the
United States for the District of Alaska, on the 28th day of August, in the year
lbh6, by M. D. Ball, United States attorney for the district aforesaid, on behalf of
the United States of America, against the schooner *' Carolina," bur tackle, apparel,
Iwats, cargo and furniture, as foifeited to the use of the United States for the reasons
and causes in the said libel of information mentioned, and prayitig the usual proces*"
and monition of the said court in that behalf to be made, and that all persons inter-
eeted in the said schooner " Carolina," Lor tackle, apparol, boats, cargo and furniture,
&c., may be cited in genera] and special to answer the premises and all proceedings
being bad, that the said schooner "Carolina," her tackle, apparel, boats, cargo and
furniture may, for the causes in the said libel of information mentioned, be condemned
as forfeited to the use of the United States.

You are therefore hereby commanded to attach the said schooner " Carolina,"
^er tackle, apparel, boate, cargo and furniture, to detain the same in your castody

103

until the farther order of the co:irt respeoting the same, and to give notice to all per-
sons claiming the same, or knowing or having anything to say why the same should'
not be condemned and sold pursuant to the prayer of the said libel of information, that
they ^e and appear before the said coDrt to be held in and for the District of Alaska^
on the 4th day of October, 1(86, at 10 o'clock in the forenoon of the same day, if the>
same shall be a day of jarisdiction, otlierwise on the next day of jurisdiction there'
after, then and there to interpose a claim frr the same and to make their allegations
in that behalf.

And what yoa shall have done in the premises do you then and there mako-
return thereof together with this writ.

Witn ess the Honorable Lafayette Dawson, jadge of said court, and the seal thereof
affixed at the city of Sitka, in the district of Alaska, this 28th day of AuguHt, in
the year of Oar Lord one thousand eight hundred and eighty six and of the In-
dependence of the United States the one hundred and eleventh.

[SeaLJ ANDREW T. LEWIS, Glerk.

On the 6th day of September, 18E6, was filed the following affidavit:—

IN THE UNITED STATES DISTRICT COURT, IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES OP AMERICA.

7 HE United States of America

vs.

Tbs ScHooNsa " Cabolina."

{«

SS.

United States of Amriuoa,
District of Alaska.

C. A. Abbey, being duly sworn, deposes and says: —

That he ie, and at ail times herein mentioned wad, captain in the United States
revenue marine, and in command of the United States revenue cutter '* Corwin."

That affiant and the following named officers and men of said '* Corwin" are
material and necessary witnesses for the United States in the above entitled action;
to wit: — J. 0. Cantwell, lieutenant; Thos. Singleton, seaman; J. U. Rhodes^
lieutenant; T. Lorenson, seaman ; and J. H. Donglas, pilot.

That owing to scarcity of provisions and foel upon said " Corwin," the said
"Corwin " and deponent and said witnesses will be obliged to, and are about to go to
sea within fire days, and out of the district in which the said case is to be tried, and
to a greater ulstance than one hundred miles from the place of trial of said action
before the time of eai<\ trial ;

That there la urgent necessity for taking the depositions of affiant and said wit>
sesses forthwith.

That James Blake was mate of said schooner at the time of its seizure, and is
the only person or officer of said schooner now within the jurisdiction of this courts
or upon whom service of nolioe can be made as affiant is informed and believes.

C. A. ABBEY.
Subscribed and sworn to before me this )
6thday of September, 1886. )

Andbsw T. Lewis, Clerk.

On the same day was entered the following order: —

In the mattkb of The United Statks

vs.

ScHOONia " Thornton," Case
do " Cabolin^'.," do
do *' Onward, do

do " San Dieqo," do

No.

50.
51.
49.
52.

104

In the above entitled actions argent necessity and good oaase appearing there-
for from the affidavits of C. A. Abbey, now on motion of M. D. Bali, United Stated
district attorney for Alaska, and 0':)un8el for the United States herein, it is ordered
that the depoHiiions of the witnesses, O. A. Abbey, J. W. Howison, J. C. Cantwell, J.
U. Bhodes, J. H. Doaglas, G. T. Winslow, Albert Leaf, 0. Wiihelm, Thos. Singleton
and T. Lorensen be taken before the clerk of the said District Oourt, on Taesday,
the 7th day of September, 1886, at 7 o'clock, p.m., or as soon thereafter as the matter
oun be reached, at the offioe of said clerk, at Sitka, Alaska, and if not completed on
said evening, then the taking pf said depositions to be continued by said clerk, from
time to time, until completed. That notice of the time and place of taking said
depositions be nerved by the marshal of said district on Hans Guttormsen, James
Blake, Daniol Monroe and Charles E. Baynor, and upon W. Clark, Esq., attorney at
law, on or before 7i.h September, at 12, m., and that such shall be due and soffioient
and reasonablo notice of the taking of said depositions.

Done in open oourt this 6th day of September, 1886, now at this time W. Clark,
Edq., being present in court waives service of notice.

On the 7th day of September, 1886, was filed the following notice and return
thereof: —

IN THE UNITED STATES DISTRICT COURT, IN AND FOR THE DISTRICT
OP ALASKA, UNITED STATES OP AMERICA.

Ths United Statis

Thk Sohoonbb "Carolina."

To James Blake, greeting t You are notified that by order of Lafayette Dawson,
judge of said District Court, that the depositions of C. A. Abbey, J. C. Cantwell, J.
U. Rhode.<i and J. H. Doaglas will be takea before the clerk of said District Court
at his office, at Siika, in said District, on Tuesdiy, 7th September, 1886, at 7 o'clock,
p. m., or as soon thereafter as the matter can ba reached, and if not completed on
said evening, the taking of said depositions will bo ooatinaed by said clerk fW>m
time to time nntil completed.

Dated 7th September, 18e6.

ANDREW T. LEWIS, Cflerk,

• SS.

United States of Amsbioa,
DisTaioT or Alaska.

This is to certify that on the 7th day of 8ep*:ember, 1886, before 12 o'clock, doodj
of that day, I served the annexed notice on the within named James Blake, at Siika,
District of Alaska, by then and there personally delivering to said James Blake a
oopy of said notice. And then and there gave him the privilege of being present at
the taking uf said depositions.

Dated 9th September, 1886.

BARTON ATKINS, (7. 8. Xanhal,

On the 9th day of September, 1886, were filed the following depositions:—

IN THE UNITED STATES DISFRIOT COURT IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES OF AMERICA.

The United States or Ambrioa

vs.

The Schooner "Carolina." — No. 61.

Depositions of witnesses sworn and examined before me on the 7th day of Sep-
tember, A.D. 1886, at 7 o'clock, p.m,, of said day, and on 8th and 9th September,
1886, thereafter, at the clerk's office of said court in Sitka, District of Alaska, United

Stal
«nt4
moi
tim<

t' uO

the
■of a
tim(
said
and
and

Stat
stea
islai

of y
Geoi
€olo
seal*
whi(

wat<
whi<
som(
boar
Cam
vessi
Man
"Kt
ueal.
broc

Stat

and
tons
3ubf

Uni
reve

was
four
Ogil
oapt
boat

105

States of America, by virtae and in pcrsaanoe ot the order of Raid ooart, made and
entered in ibe above entitled action on 6th iSoptember, 188(>, directing that the testi-
mony and depositiouB of said witnesses be taken before me at said first mentioned
time and place and at saoh sobseqnent time aa the taking of the same might be oon<
t'aaed to by me, in said action then and there pending in said District Court between
the United Slates as plaintiff and the schooner " C-irolina" as defendant, on behalf
of and at the instance of the said plaintiff, the Uoited States, and upon notice of the
time and place of taking of said depositions, served upon Jimes Blake, the mate of
said schooner, he being the only officer of schooner upon whom service could be made,
and upon W< Oiark, £u-q., his attorney, the owners of said schooner being unknown
and without the jurisdiction ot this court.

Capt. 0. A. Abbbt, being duly sworn, despoBes and says: —

Q. State your name and occupation ? A. Captain C. A. Abbey, in the United
States revenue marine service, at present in command of the United States revenoe
steamer " Corwin " on special duty in Alaskan waters, for the protection of the seal
islands and of the Government interests in Alaska generally.

Q What were you doing and what ooonrred on the 1st of August lact in che lino
of your duty ? A. Cruising in Bebring Saa, about 'J5 miles south south-east from St.
George's Island and I found the British schooner 'Carolina," of Victoria, British
C!olumbia, drifting with sails down . Her boats were absent and she was evidently a
sealer. I saw dead seal lying upon her forward deck, inquired of the schooner in
which direction her boatA were.

I then ordered her to be seized by Lieut. Cantwell for killing fur seal in the
waters of Alaska, took her in tow and proceeded to hunt up her boats, all four of
which I found with freshly killed fur seal in them, arms, ammunitioo and hunters,
some of whom I sa^v hhooiing at the seal in the watei , These boats all went on
board the "Carolina." On this evidence I oituaed the vessel to be seized by Lieot.
Cantwell, I took hor in tow and proceeded with her to Oonala>-ka where I placed the
vessel, tackle, cargo, furniture and appurtenances in charge of Deputy United Slate«
Marshal Isaac Aiiderfon, of OonalttHka ; ihe cargo of fur seal skins being stored in
"£euch," in one of the warehouses of the Alaska Commercial Company and under
ueal. The arms and ammunition (f this vessel I took OD board the "Corwin" and
brought to Sitka and delivered into the custody of the United Slates marshal there.

The vcHsol, tackle, furniture and cargo are now in the custody of the Unitei
States marshal of this district.

Q. Was this the vessel against which this libel of information is filed ? A. It is.

Q. Did this all occur within the waters of Alaska and the Territory of Alaska
«nd within the jurisdiction of this court? A. It did.

Q. Did thiei occur within the waters of the sea navigable for vessels of (10) ten
tons burdens or over ? A. It did.

C. A. ABBEY.
Subscribed and sworn to before me this 9th day ")

of September, A. D. 1886, after having been [

read over by me to deponent. )

Andbbw T. Lkwis, Clerk.

Lieut. John C. Cantwkll, being duly sworn, deposes and says:—
Q. State your name, occupation and age ? A. John C. Cantwell, 3rd lieutenant.
United States revenue marine service, at present on duty on the United States
revenue steamer '' Corwin " and over the age of twenty -one years.
Q. Were you so on the 1st day of Autfust last ? A. 1 was,
Q. State what occurred on that day in the line of your duty ? A. A Rchooner
was sighte rora the " Corwin " and 1 was directed by Capt. Abbey to boaro her. I
found her to be the schooner "Carolina," of Viotoiia, British Columbia, James
Ogilvie, captain, and Jiimes Blake, mate. I saw dead seal upon her dock and the
oaptain admitted that he was engaged in taking seal and that four of the schooner's
boats were at the time absent from the vessel engaged in killing seals. I signalled

lOJ

this fact to Oaptain Abbey and he directed me to soice the vessel which I did and
the *' Gorwin " took us in tow.

Q. Do yoa recognize these papers ? A. I do. This paper marked (Ex. "I")
is the oortincate of registry of the Bchooner " Carolina," of Victoria, B.O. (Said cer-
tifioate is dated 2lst Biaroh, 1870, and represents said schooner as of 81*90 tons bar*
den and owned by Francis Armstrong, of Yiotoria, B.C.) This paper marked (Ex.
*' J") is the bill of health of the said schooner. (Said bill of health is dated at Vic-
toria, B.C., 19th May, 1886, and represents said schooner " Carolina " as then ready
to depart for Behring Sci and Okhotsh Sea and other places beyond the sea, with
James Ogilvie, master, and eleven persons including said master.) This paper
marked (Ex. " E ") is the coasting license of said schooner. (Said license is in the
Qsaal form, to James Ogilvie, master of the schooner " Carolina," dated at Victoria,
B.C., 16th Feb., 1886, and in terms expires on the 30th day of June, 1886.) This
paper marked (F :. " L ") is the clearance of the said schooner. (Said clearance is
lor said uchooner as of 31'90 tons, navigated with eleven men, James Ogilvie, master,
bound for Pacific Ocean, Behring Sea and Okhotsh Sea, on a fishing and hunting
voyage, and is dated at Victoria, B.C., 19th May, 1886.) All of which papers were
found on board of the " Carolina " at the time of seizure, and taken possession of by
»«.

Q. State how many men the " Carolina " had on board as crew when seized t
A. Thirteen or fourteen.

Q. State whether this is a reasonable number of men for ordinary purposes of
commerce and navigation ? A. It is an unusually large number for that purpose on
aa vessel of that size.

JOHN C. CANTWELL, 3rd Lieut., V.S,E,M.

Subscribed and sworn to before me this 9th day "^
of September, A. D. 1886, after having >■
been read over by me to dependent . )

£Seal.] Andbzw T. Lewis, Cletk U.S. District Court.

John U. Bhodkb, being duly sworn, deposes and says : —

Q. State your name, age and occupation ? A. John U. fihodes, I'ant. United
States revenue marine, at present on duty on the United States revenue steamer
"Cotwin," and over the age of 21 years.

Q. State what arms and ammunition ^ras seized on the schooner "Carolina" at
the time of her seizure ? A. 4 rifles, 1 musket, 6 shot guna, 171 bhot gen cartridges,
353 rifle cartridges, 14^ bags buck-i-hot, ^ bag of ballets, 40 bags of wads, 21 boxes
wads, 13 boxes primers, 1^ boxes of capu, 91 lbs. powder.

Q. Were there any nautical instruments seized on the "Carolina " except what
w included in the general inventory ? A. 1 oc'iant, 1 quadrant.

Q. What has become of this property ? A. It has all been delivered to tho
United States marshal at Sitka, and is now in his custody.

JOHN U. KHODES.
Subscribed and sworn to before me this 9th day

of September, A.D. 18H6, after having been

read over by me to dependent.

[Seal.] Andbiw T. Liwis, Clerk U.S. District Court.

J. H. DoDOLAs, being duly sworn, deposes and says : —

Q. State your name, age and occupation? A. J. H. Doaarla?, am over the age
<rf'21 years, am a pilot in the revenue marine service of the United States, and have
l>een so for 7 years last past. I am now, and en the first of August, lb86, was, pilot
on the revenue Steamer '* Corwin."

Q. State what experience you have had in the fur sealing business and your
knowledge of the habite of the fur seal ? A. I have been cruising for more than 15
jrears off and on in Alaskan waters always as an officer or pilot and have visited th«

Pribiloff Islands, St. Paal and St. Qeorge Beveral hundred times, and am perfectly
familiar with the sealing basiness as condacted on those islandei, and understand the-
migrating habits of the iur seal. From about the first ot May 10 about the first of
July of each year the fur seal is migrating north through the Unimak and Akctan
Passes to these inlands for breeding purpoHCH. They go to no olher place in tho
known world except these islands and Copper Island for breeding purposes. After
the breeding season of about a month they begin to migrate south, and until into
November of each year are migrating south through Behring Sea. During this
reason, from May till November, the fur i^eal are plenty in the waters adjacent to
the Pribiloff Islands, aie migrating to and from these islands, and are at all times
very plenty between Unimak Pass and said islands in a track about 30 miles wide,
which seems to be their highway to and from said islands. The schooner " Carolina "
and her boats when seized were directly in this track. I was present at time of
seiaare.

J. H. DOUGLAS.
Subscribed and sworn to before me this 9th *)

day of September, A.D. 1886, after hav- [■

ing been read over by me to deponent. ) ,

[Seal.] Akdbiw T. Lewih, Clerk U. S. Dist. Court.

Thomas Singliton, being duly sworn, deposes and says : —

Q. State your name, age and occupation 7 A. Thomas Singleton, am over the
age of 21 years, and am a seaman. Was employed on the steamer " Corwin " on th&
Ist day of August, 1^86, when the "Carolina" was neised. I was sent on board tho
"Carolina " ri^tht after the seizure and saw a numbei' of dead fur seal on deck and
some of them had blood on them. Saw also some fresh fur Real tkins in the boats.

THOMAS SINGLETON.
Sabacribed and sworn to before me this 8th ^

day of September, 1886, after having >

been read over by me to deponent. )

[Seal.] Andrew T. Lbwis, Cltrk U. S. Dist. Court.

IN THE UNITED STATES DISTRICT c OURT, IN A NO FOR THE DISTRICT
OP ALA'^KA, UNITED STATES OF AMERICA.

Thb United States

vs.

The Sohoonsi( "Cabolina." — No. 51.

Whereas on the 6th day of September, 18*^6, the said District Court duly mad&
and entered in the journal of said court an order in the above entitled action direct-
ing that the testimony and depositions of the witnesses : 0. A. Abbey, J. C. Cantwell,
J. U. Rhodes, J. H. Douglas and Thos. Singleton be taken before me, the clerk of
said court, at the time or times and place and upon such notice as are specified in
said order :

Now therefore this is to certify that in pursuance of said order, on Ith Sep-
tember, 1886, at 7 o'clock, p.m., each acd all ot the above-named witnesses appeared
before me at the olerkV office of said court at Sitka, District of Alaska, United States
of America; that M. D. Ball, Esq, district attorney of said court and district,
and W. II. Payson, Esq., appeared then and there on behalf of and as attorneys and
proctors for the United States, the libellant herein ; and W. Clark, Esq., then and
there appeared on behalf of and as attorney and proctor for the said schooner and
her owners, and James Blake then and there appeared in pursuance of notice served
upon him.

That I was unable to complete the taking of said depositions on said 7th day of
September, 1886, and I continued the taking thereof on the 8th and 9lh of September,

108

1886, and completed the same on said last named day. That the said parties, by
their said attorneys and proctors, then and there appeared and were present on each
of said last named days, and at all times daring the taking of said depositioos. That
-each of said witnesses was then and there first daly caationed and sworn by me,
that the evidence he should give in said action, should be the truth, the whole truth,
and nothing but the truth, and thereafter each of said witnesses was then and there
examined before me, and I then and there took down the statement and testimony
of each of said witnesses, and reduced the same to writing in his presence, and then
and there read the same over to him; and he then and there, after the same had
been so reduced to writing and read over to him, subscribed the same in my presence,
and swore to the truth thereof.

That the foregoing depositions are the depositions of said witnesses then and
there taken before me as aforesaid. That duo notice of the taking of said depositions
was given as required by said order.

In witness whereof I have hereunto set my hand and the seal of said district
tjourt this 9th day of September, 1886.

[L.S.] ANDREW T. LEWIS, Clerk of the United States District

» Court in and for the District of Alaska, United States of America.

On the 20th September, 1886, was filed the following amended libel of informsr-
tion :—

In thb UnItkd Statbs District ConuT, in and for the District of Alaska,

United States of America.

August Special Term, 1886.

To the Honorable Lafatbttb Dawsom, Judge of said District Court.

Tho amended libel of information of M. D. Ball, attorney for the United States,
for the district of Alaska, who prosecutes on behalf of said United States and being
present hero in court in his own proper person, in the name and on behalf of the
said United States, alleges and informs as follows, to wit: —

That C. A. Abbey, an officer in the revenue marine service of the United States,
duly commissioned by the President of the United States, in command of the United
States rcvenoe catter " (Jorwin," and new on special duty in the waters of the dis-
trict of Alaska heretofore, to wit, on tho Ist Jay of August, 1886, within the limits of
Alaska Territory, and in the waters thereof, and within the civil and judicial district
■of Alaska, to wit, within the waters of that portion of Bahring Sea belonging to the
United States and said district, on waters navigable from the sea by vessels of ton or
more tons burden, seized the schooner " Ourolina," her tackle, apparel, boats, cargo
and furniture, boing the property of some person or persons unknown to said
attorney. The said property is more particularly described as follows, to wit : —

1 schooner "Carolina" of Victoria, B.O , 4 canoes, 1 yawl, carpenters' tools,
olock, chronometer, nautical instruments, sails and running gear, '£ anchors, ropes,
twine, oars, paddles, rowlocks, &o., lamps, tanks, provisions, 685 fur seal skins, 12
pup seal skins, 1 hair seal skin, 4 rifles, 5 shot guns, and ammanition for same, and
all other property found upon or "ppur tenant to said schooner.

That said C. A, Abbey was then and there duly commissioned and authoriEed
by the proper department of the United States to make said seizure.

That all of said property was then and there seized as forfeited to the United
States for the following causes : —

That said vessel, her captain, officers and crew, were then and there found
engaged in killing fur seals within the limits of Alaska Territory and in the waters
thereof, in violation of section 1966 of the Bevised Statutes of the United States.

That all the said property, after being seized as aforesaid, was brought into the
port of Oonalaska in said territory, and delivered into the keeping of Isaao Ander-
son, a deputy United States marshal of this district, with the exception of the said
arms and ammunition, which latter were brought into the port of Sitka in said dis-

Ttiea, by
t on each
DB. That
■n by me,
ole trathy
ind thertt
beetimony
and tben
same had
presence,

tben and
epoeitions

lid district

net

f America.

if informa-

,1886.

ted States,
\ and being
half of the

ited States,
the United
1 of the dis-
le limits of
Mai district
ging to the
Is of ton or
Mats, cargo
17a to said
wit: —
nters' tools,
hors, ropes,
lal skins, 12
r same, and

i aathorised

I the United

there found

fthe waters
States,
ght into the
laao Ander-
of the said
I in said dis-

109

triot and tamed over to the United States marshal of this district and all of said
property is now within the jadicial district of Alaiiica, United Status of America.

And the naid M. D. Ball, attorney as aforesaid, further informH and alleges : —

That on the Ist day of Angast, 1886, James Blake and certain other persons
whose names are to said United States attorney unknown, who were then and there
engaged on board of the said schooner " Carolina," nnder the direetion and by the
anthority of James Ogilvie, then and there master of ^aid schooner, engage in killing
and did kill, in the territory and district of Alaska, and in the waters thereof, to wit,
20 for seals, in violation of section 1956 of the Bevised Statntes of the United States,
in SQcb cases made and provided.

That the said 685 fnr seal skins, 12 pup seal skins and 1 hair sealt-kin, and other
goods so seized on board of said schooner <* Carolina" constituted the cargo ot said
Bobooner at the time of the killing of said far seals, 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 jarisdiction of the United States, and of this
honorable court, and that by reason thereof, and by force of the statutes iu such
cases made and provided, the aforementioned schooner, being a vessel of over 20 tons
burden, and her said tackle, apparel, boats, cargo and furniture, became and are for-
feited to the use of the United States.

Wherefore the said attorney prays that the usual process and monition of this
honorable court issue in this 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 the return day of said proccKS, why said
forfeiture should not be decreed ; and that after due proceedings are had, a 11 of said

Sroperty be adjudged decreed and condemned as forfeited to the uee of the United
tates and for such other relief as may be proper in the premises.
Dated 20th September, 1886.

M. D. BALL, U. S. Dist. Attorney for the District of Alaska.

On the same day was filed the following claim by proctor for owners :
In THi Unitio Statib Distbiot Court for thi District of Alaska.

In Admiralty.

In the matter of the libel of information against
tackle, apparel, furniture and cargo.

the schooner " Carolina," her

Claim by Proctor for Owners.

And now W. Clark, the duly authorized proctor for Munzie &Co., owners of the
property above named, intervening for the interest of the said Munzie & Co., of Vic-
toria, B.C., owners of the said schooner " Carolina," her tackle, apparel, furniture and
cargo as set forth in the libel of information herein, appears before this honorable court
and makes claim to the said schooner " Carolina," her tackle, apparel, cargo and furni-
ture, as set forth in the said libel of information and as the same are attached by the
marshal under process of this court at the instance of M. D. Ball, Esq., United States
district attorney """yr the District of Alaska.

And the said W. Clark, proctor as aforesaid, avers that the said Munzie & Co.,
were in possession of the said schooner " Carolina " at the time of the attachment
thereof, and that the said Munzie & Co. above named are the true and bona fide owners
of the said schooner " Carolina," her tackle, apparel, cargo and furniture as seized by
the marshal as aforesaid and that no other person is the owner thereof.

Wherefore he prays to defend accordingly.

W.CLARK.
Wi ^ABK AND D. A. DiNQLKT, Proctort foT Claimant.

110

On the same day was filed the folIowiDg demarrer:—

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF

ALASKA.

Unitbd Statis
vi.

MUNZIK & Co. AND SOHOOI«IR " CABOLIM A."

Demvrrer,

The demarrer of MaD2.ie & Co., olaimaDts of the property proceeded against in
the above oaase to the amended information filed herein.

Ist. The said olaimant by protestation, not confessing all or any of the matters
in said amended information contained to be true, demurs thereto and saya that the
said matters in manner and form, as the same are in said information stated and set
forth, are not safficieot in law for the United States to have and maintain their said
action for the forfeitare of the property aforesaid.

2nd. The said claimants by protestation deny that this ooart has jarisdiotion to
<letermine or ^ry theqae^tion hereby pat in issue.

8rd. And ihat said claimants are not bound in law to answer the same.

Wherefore the said claimants pray that the said information may be dismissed
with costs.

W. CLARK AND D. A. DINGLBY, Proctors for GlamaiU$.

Which was overruled by the court.

On the same day was filed the following answer :

IN THE UNITBD STATES DISTRICT COURT FOR THE DISTRICT OF

ALASKA.

. Unitbd Statis

munzib & go. and 80u0onbb " carolina."
Answer,

The answer of Mnnzie & Co., owners and claimants of the said schooner
** Carolina," her tackle, apparel, farniture and cargo, as the same are set forth in the
information filed herein in behalf of the United States.

And now come Munzie & Co., claimants as aforesaid and for answer to said in-
formation against the said schooner " Carolina," her tackle, apparel and cargo, as set
forth in said information, says that the said tackle, apparel and cargo, as set forth in
the information mentioned, did not, nor did any part thereof, become forfeited in
manner and form as in said information in that behalf alleged, or at all.

Wherefore, the said claimants pray that said information be dismissed with
costs to these claimants attached.

W. CLARK AND D. A. DINGLE r, Proctors for Caimants.

On 22nd day of September, 1886, were filed the following exceptions to answer : —

UNITBD STATES DISTRICT COURT, DISTRICT OF ALASKA, UNITBD

STATES OF AMERICA.

Unitbd Statbs

Thb Schoonbb *< Cabolina" — No. 51.

The said libellant hereby excepts to the saflSoienoy of the defendant's answer
herein, on the following grounds : —

RIOT OV

against io

he matters

n that the

ted and set

their said

[sdiotion to

le.

9 dismissed

mcmts.

[OT OP

id schooner
forth io the

to said in-
argo, as set
set forth in
forfeited in

missed with

ntaHts.

,o answer : —

[JNITBD

Ant's answer

Ist Said answer is not properly or at all verified as required by rule 27 of the
United States Admiralty roles.

2Dd. Said answer is not fall, explicit or distinct to each or any allegation of tho
libel herein, as reqnired by said rale.

3rd. Said answer does not deny or admit any of the allegations of fact in said
libel, bat merely denies a oonolasion of law.

September 21at, 1886.

M. D. BALL AND W. H. PAYSON, Proctors for fjibellant.

Wbioh exceptions were sustained by the court, and on the same day was filed
the following amended answer : —

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OP

ALASKA.

United States

MUNZIl k Co. AND SOHOONIR " CAROLINA."

In Admiralty— Amended Answer.

To the Honorable Lafatbtti Dawson, Jadge of the United States District Court
for the District of Alaska.

James Blake, the daly authorized mate of the schooner " Carolina," for Manaie
k Co., intervening in the interest of and on behalf of the said Manzie & Co., owners
and claimants of said schooner " Carolina," her tackle, apparel, furniture and cargo
for amended answer to the libel of information herein against said schooner, her
tackle, apparel, furniture and cargo alleges as follows: —

1st. That he denies each and every material allegation in said libel of informa-
tion contained.

2nd. Denies that the said schooner " Carolina," her tackle, apparel, fnrnitore>
and cargo, and the property appertaining thereto as set forth in said libel of infor-
mation or any part thereof became torfeited to the United Slates.

3rd. Doniee that said schooner, her captain, officers and crew or any one of them
were found engaged in killing fur seal within the limits of Alaiska Territory and
within the waters thereof in violalion of section 19Sb' of the Revised Statutes of the
United States as set forth in said libel of information or at all.

4th. Denies that they killed any number of fur seal or other fur-bearing animals
within the waters of Alaska or within said territory of Alaska, or in any part
thereof.

5th. That all and singular the premises herein set forth are true.

Wherefore he prays that this honorable court will be pleased to pronounce
against the libel herein, and that the same may be dismissed with costs to these
claimaniH to be taxed.

W. CLARK AND D. A. DINGLE Y, Proctors for Claimants,

..}

SS.

Unitkd States,
District of Alaska.

Jamis Blake being first duly sworn upon his oath, says : —
I am the mate of uaid schooner intervening for the within named claimants.
That I have read the foregoing answer and know the contents thereof, »nd that the
same is true as I verily believe.

JAMES BLAKE.
Subscribed hnd sworn to before me this 22ad )
day of September, A.D. 1886. |

Andrew T. Lewis, Clerk of the V. S. District Court for the District of Alaska,

nsH

112

On the 4th dayof Oc*:ober, 1886, the followiog relarn was made to the moDition
heretofore cited, page 6 :

Sitka,
DanraioT of Alaska.

SS.

Be it remembered, that, in obedienoe to the annexed monition, I have attached
the within described property, and now hold the same in my poeseseion, sabjeot to
the order of, this honorable coart ;

And I have f^iven due notice to all persons claiming said property to be and ap-
pear before this Dibtrict Ooort on the 4th day of October, 188R, at lO o'clock, a.m., if
the same i>hall be a day of jarisdiotion, otherwise on the next day of jarisdiotion
thereaiter, then and there to make their claim and allegations in that behalf ;

And I have, as ordered by the said coart, caused said notice to be pablisbed, and
the same has been pnblisbed in the Alaskan, a newspaper published at Sitka, in said
district, on the 4th day of September, 1886, and in each issue of said newspaper sub-
sequent thereto, until said 4th day of October, 1886.

BARTON ATKINS, Marshal, District of Alaska.
Sitka, Alaska, 4th October, 1886.

On the same day was filed the following decree: —

IN THE UNITED STATES DISTRICT COURT, IN AND FOR THE DISTRICT
OP ALASKA, UNITED STATES OP AMERICA.

Unitbd Statxs

vs.

Thb Soboonir "Cabolina." — No. 61.

The marshal having returned on the monition issued to him in the above entitled
action that in obedience thereto be has attached the said schooner " Carolina," her
tackle, apparel, boat's cargo and furniture, and has given due notice to all persons
«huming the same, to appear before this court on this 4th day of October, 1H86, at
10 o'clock, a.m., at the District of Alaska, United States of America, then and there
to interpose their claims and make their allegations in that behalf ; and W. Clark,
JSeq., proctor for Munzie & Co , of Victoria, B.C., having heretotoro filed a claim to
all of said property on behalf of said Munzie & Co., the owners of said property, and
no other persons having appeared, and no claims or allegations having been made or
filed herein by any other person or persons, and the usual proclamation having been
made, and said caube having been beard upon the pleadings and proofs, M. D. Ball,
iEsq., and W. H. Payson, Edq., appearing as advocates for said liboUant, and W.
Clark, Esq., as advocate for said claimants; and said cause having been submitted to
the court for decision, and due deliberation being had in the premises, it is now
ordered, pentonced and decreed as follows : —

1st. That all persons whatsoever other than the said claimants be and they are
hereby declared in contumacy and default.

2nd. That said schooner *' Carolina" her tackle, apparel, boats and furniture, and
ber cargo of b85 far seal skins, 12 pup seal skins, and I hair seal ekin, and all other
property found upon or appurtenant to said schooner, be and the same arc hereby
condemned as forfeited to the use of the United States.

3rd. That unless an appeal be taken to this decree within the time limited and
prescribed Dy law and the rules of court the usual writ of venditioni eoqponas be insued
to the marshal commanding him to sell all the said property and bring the proceeds
into this court to be distributed according to law. Costs t.o be taxed aie awarded
against said clbimanta.

Dated 4th October, 1886.

LAFAYETTE DAWSON, Bistnct Judge.

Done in open court this 4th day of October, 1886, at Sitka, District of Alaska^
United States of America.

Clerk.

sol

toi-

the

113

Dition

tached
)jeot to

and »p-
a.m., if
idiotion

led, and

in said

per Bub-

tka.

STRICT

9 entitled
ina," her

persons
, lrf86, at
»nd there
W. Clark,
claim to^
lerty, and
made or
ving been
[. D. Ball,
t, and W.
)mitted to

it is now

they wo

uitore, and
all other
arc hereby

mited and
IS bo iHBued
proceeds
e awarded

Judge.

of Alaska^

On the same day was filed the following motion to set aside decree : —

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OP

ALASKA.

United Statis
vs.

MVMZIB & Co., AND SOHOONIB " CaBOLIHA."

Motion to set aside Decree,

Now come W. Clark and D. A. Dingley, proi>u)r8 intervening for and in behalf
of the claimants herein, and move the court to set aside the decree rendered herein
for the reason that the evidence prodaced on behalf of the United States is wholly
insaffloient apon which to base the said decree.

W. CLARK and D. A. DINGLEY, Proctorafor Olaimante.

Which motion was overruled by the court, and on the same day was filed the
following notice of appeal : —

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF

ALASKA.

Unitid Statu

v«.

MuNzn & Coi AND SoHooNiB " Oabolina."

Notice of Appeal,

And now come W. Clark and D. A. Dingley, proctors for and in behalf of the
claimants herein and notifies this honorable court that^they hereby appeal from the
decree rendered herein to the Circuit Court having appellate jurisdiction over this
district and that said appeal is taken upon questions of law and fact, and pray the
court for an order on its clerk to prepare a complete transcript of the record herein,
as Uie law requiresi

W. CLARK AND D. A. DINGLEY, Proctor* for ClaimanU,

On the 9tb day of February, 1887, was entered the following order : —

In TBI MATTIK OF TEN UnITIO STATBS,

• v»,

SOHOONIR " Onwaed," No. 49.

do " Thornton," do 60.

do "Cabolina," do 61.

do «*SanD«qo," do 62.

AbHB and AjUCUNITION SoHOONBB " SiKBBA," do 67.

do do " City op San Diiao," do 68.

In the above causes, upon motion of the attorney for the United States and
argument of counsel for the United States and for the interveners in said causes, and
consideration by the court, it is this day ordered that writs of venditiotii exponas do
issue from the olork of said court to the marshal of said district, for the sale of the
attached vessels, with their tackle, cargoes and furniture of whatsoever description,
and of the arms and ammunition attached in said causes, — And as to said attached
vessels that the sale of the same (except the schooner « San Diego," which shall be
sold at Sitka) Bhall be made at Port Townsend, in the District of Washington Terri-
tory, and as to the seal skins, part of the cargoes of said vessels attached, that sale of
the same shall be made at San Francisco, in the District of California, and that sale
of said schooner " San Diego," and all the other attached property be made at Sitka,
in the District of Alaska. Thirty days' notice of saoh sales to be given at each of
60-8

Clerk,

114

the pUuMs wh«i« (ke Mme are to be made, by poetioff aaoh no* ice, or by pablioation
in some newspaper pobliBbed at auob places reepeotively. And that said marshal
do have (he moneys arising from saoh sales, together with the writ commanding the
same, at a dietriot ooart of the United States for this, the said District of Alaska,
to be held on the first Monday in September, 1887, and that he then pay the same
to the olerk of said oonrt.

OLUK'a Ovffifli U. B^ Diat. Oooax, District or Alaska

Sitka, 10th March, 1887.

I, Andrew T. Lewis, clerk of the United States District Court for the Dietriot
of Alaska, do certify that the foregoing tranttoript of the record in the case of tho
United States vs. the schooner *' Carolina," her tackle, apparel, &o., on libel of
information, pending in said court, has been compared by me with the original, and
that it is a correct transcript therefrom and of the whole of said ori^nal record,
except the fall teat of the exhibits referred to in the testimony therein, of which
the purport only is stated, and that the said purport of said exhibits is correctly
staled, aa the same appears of record at my office and in my custody.

Witness my hand and the seal of said court the day and year above v ten.

[SmO.} ANDIUtW T. LBWIS» rk.