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REPORTS, Ri: iLRxs, AM) ()T1ii;r i'ai'i:rs, I'KIN'TEI) IIV THE HOUSKS OF PARLIAMENT 0FGKI;AT BklTAI.N AM) IRHLA.M). \()LLMi; I Kehrlng Sea Pishrrles, Correspondence &c . 1890-1892. ,\krani;ki) and iim'Nr) iiv P. S. KING cK: SOX, PARLIAMENTARY BOOKSELLERS AND BOOKBINDERS, WESTMINSTER, LONDON, S,\V. VIU) I I m C U T E V. T S (,|3,I CorrespondencR, 1886-1890, CaS3 Further Correspondence, 1890-1891 (oit^ Further Correspondence, 1891. fe04' Correspondence re/ Seizure of British Schooner "Araunah" . t*o33 Correspondence, 1892. (,t3S Further Corrospondonce, 1891-1892. tt 54- Treaty between England & America, Febi'uary 1892, 28; Vo 1 MK h «. UNITED STATES. No. 2 (1890). .HT /'AT/ n » 10 :MK AT !• .-1 CORRESPONDENCE • T'it I • " . - -1 ' 1. , . 1 ! ■ / SBBFEOTINe THS A. ;t J ?fi>. '■ .tix'' ;■ . BEHIUNG SE'A SEAL FISHERIES: t.~.iw^.. u' ■» .^ lit, V it trill' V MM ((• lf«>i;w>t ftfoo «u i«n<*;> rl^Mtm I ' ■ \|^-t|l!4( l.> ^ I'j-jo ■.:■« tr V 1886-90. •'i.i « /. i ; r , i;<> • ,.!,!;. "!,--« ;l ,, I,. , . , .;;, .< / . .. "■7 • . : , «" -* Presented to both Houaef of Parliament by Command of Her Majesty, iww-f. ». r.^.«i«o »!,■,„,« J ♦. August 1890. t ■>■ } ' -.T *». ■, IT'.. MK I -tmit ' C>i3l . , m LONDON: PRINTED FOR HER MAJESTY'S STATIONERY OFFICE I .y . BY HARRISON AND SONS, ST. MARTIN'S LANS, ' i.K ' rSINTSSI IN OMIINAKr TO Bts MAiUTT. And tu bt) purchwed, cither directlj or Ibrough uj Bookfelltr, from EYRE AND SrorriSWOODE, East Habdins Stkut, Fuit Stbbit, E.G., .^h» 32, Abinooon Stbht, WstTHiNwriB, S.W.i ob ADAM AMD CHARLES BLACK, 6, Nobth Bbidsb, EoiNBnBSHt ob HODGES, FIGGIS, & Co., 104, OMnox Stbiit, Drauv, No. 10 II 13 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 tO*- Ij TABLE OF CONTENTS. Nome. Colonial Oflicc . T.I Sir I.. Wot .. Colonial Office •. Sir h. Wost , , •» It • • Admiralty .. Colonial Office .. To Sir L. Wet . . Sir L. Weat To Sir L. Weit Sir L, West Admiralty , . Messrs. Lampson and Co. Colonial Office , . To Sir L. West .. Sir L. West .. .. To Messrs. Larapson and Co. Sir L. West To Sir L. West .. (Teleerapliic) Sir L. West Colonial Office ., .. To Sir L. West . . Sir L. West To Sir I.. We.sL Sir I,. West n.ite. Sept. I, 1686 9. 25, 21. 21. Oct. 7, 16, 20. 21, Colonial Office To Colonial Office. an ' Sir L. West 31 Colonial Office 39 1 Sir 1,. \\ e»' 33 34 Colonial OfHvc To Sir L. West 21. 30, 21, Nov. 4. 12, 16, 18, ■ 9, 19. 1 4, Dec. G, 10. Jiin. 4, 1887 10, 27. Feb. 4. Apr. 8. U, .Ian. 30. Fell. 2S. Mar. IS, Subject. P«g« Three Brilisli Oolumliian sealers selied l>y United Slates' revenue-criiiier " Corwin " Copy of above. To ask United Slitet' Government for information . . . , . . , , Itefera to No. 1. Details of cftptures of " Itiorn- ton," " Onward," and " Carolina." Protest shnnld be made and compensation demanded . . History of the orij^in of the Alaska Commercial Company . . • • . • • • Newspaper extracts relating to teiiures . . Sends copy of United Stales' Act to prevent ex'er- mination of fur-bearing animals in Alaika. and of the Alaska Company's lease , . . . Kefers to No. S. Sends further details, with Keport of Committee of Canadian Privy Coimcil. Has any action been taken f . , To protest against seixiires and reserve riuhts Haa any reply been received to No. 21 Or any appeal lodi|[ed against decisions of United States' Courts ? . . . , . , Repliai to above. No information ReeapitulalM beta of seiaures as reported to Her Mqeaty's Oorernmeiit. To see Mr. Bayard, who will, no donbt, make due reparation . . Copie* of notes founded on Noa. 9 and 8 Extract from " Daily British Colonist " of Victoria relating to the aeiiuies . . . . . , Fact* relating to seal fishery. Hope Her Majesty's Government will support UniteH States' Govern- ment in preserving seals Telegram from Canada asking if any answer has been received from United States. Case one of great hardship ,. .. ,. .. Substance of above. To report . . Answers above. Mr. Bayard has not yet received pffirinl report of proceedings of Court Acknowledges No. 14. Question being considered Refers to No. 10. Mr. Bayard's apologies for delay . . . . . . . . To suek assurances that no seizures will be made beyond Alaska territorial waters pending settle- mcnc •• •■ •• •■ ■• Copy of note founded on above .. .. Copy of despatch from Canada, with Keport of Privy Council explaining views of Dominiou Go> Teniinent on historical rights, with letters from persons interested, and newspaper extracts . . Copy of preceding. To express concern at absence of information, and urge immediate attention .. Note to Mr. Bayard founded on above ,. .. Note from Mr. Bayard explaining delay and assur- ing of observance of international obligations , . To aok for infornintion from time to time President Ims issued orders for discontinuance of pending proceedings, and release of vessels and |.crsons . . Despatch from Governor-General, with Report of Privy Council, nnd full statements of claims for compensation Acknowledges above. Proposed to defer sending in claims pending further ex.imination ,. .. Report of Governor of Alaska for 1886 . . Answers No. 2!). Concurs in delay Copy of letter from u San Fraueisco firm to Pre- sident protesting ,i)^uinst exclusive claims of Alaska Company . . Can Canadian vesrels coimt on not being molested during ensuing season ? .. ,. .. To make above inquiry ., 9 11 12 15 20 ■ 90 20 1 20 29 1 23 ♦ ■■'! 24 ,'t ,-•* 25 S6 1 26 26 ■ 27 97 27 28 87 37 38 38 35 40 44 45 49 49 52 53 TABLB or OOHTBNM. iii No. 35 37 38 39 40 41 43 44 45 4(! 47 4fi 49 SO 51 52 Name. Sir I,. W.-»l 54 5n 56 67 58 59 (iO 61 62 G3 64 65 66 Dati. i( II Colonial Office To Colonial Uflite.. To Sir 1.. \\>it Sir L. Went To Sir L. Went Sir \.. Went To Sir L. Went Sir L. W.vt Ailniirnltv Sir L. West (Ti'legrapliic) Mar. ar. 1887 Apr. 2, 13. May 6, 30, Adin'ralty To Sir L. We»t . . Sir H. Hollaiiil to Mnrquii of Laiisilowne Sir L. West To Sir L. West .. Cnloniiil (XBce .. .. To Sir L. West Memorandum communicated b_v Baron Pjetten Sir L. West Admiralty .. .. Sir L. West Memorandum communicated by M. d'Adelborg To M. d'Adelborg ., June 27, July 8, 9, 12, Aug. 2, 4. 10. 10. l.^, 24. 20, 22, Sept. 5, 10. M, 6, 15. 15, i4, 27, 27, Oct. 5, Sept. 23, Oct. 4, Sept. 28, Oct. 10, 11. SUBJKCT. Pag. 1128] Attempts of Alaaka Company to obtain further protection , . . . , , 33 The Captain nf the " Corwin " lia< been cited to defend liiuisr'f for seiiurot nlTecteil on Amnrican schooner " t ierra " .. .. ..43 Mr. niaine'ii rej lies to questions founded on No. 34. Indefinite. / (closes " Provisions reliting to the IJnorganiMt' Territory of Alaska" .. 54 Hefers to No, t6. Cnae postponed . . 58 Extract from " New York Times," showing United Rtatet' reply to pretensions of Hussia prcTioua to cession of Alaska .. •• .. •• 58 Keport of Canadian Privy Council urging speedy reparation, with a risumo of facts by .Minister of Marine and Pisherie.1 ,. .. .. 61 Acknowledges above. Wo should wait for Keport of judicial proceedings. Want copies of pa|i«rs laid before (Canadian Parli.iment . . . . 64 Copy of No. 40. To jiet judicial records . . 64 Forwards copies of judicial proceedinir* in Alaska District Court in cases of tiie three veascla seized 64 Acknowled),'r« above Were they communicated without comment ^ . .. ., .•76 Answers above. Yes .. ..76 News received of further seizures. To remind Mr. tlaynril of iisauranccs given in No. 37, and to communicate information , .. .. 76 Asks lor further iut'orniation and detniU connected with ju licial proceedinf;» sent home in No. 4.1 . 77 Mr. Hayard's replies to No. 46. He knows of no nsHurances, but will ask grounds for seizures .. 77 Seizure of " Anna Beck " .. .. J9 I'oHition of " Sayward," " Dolphin," and " (.race " when seised, with remarks on habits of seals . . 79 Copies of Reports by Captain of the '■ Itush," who effected above captures, giving details . . . . 80 Reports by Rear-Admiral Sir M, Cnlme-Seymour on seizures of " Anna Beck " and " W. P. Say- ward," with copies of statements, declarations, and indictments . . . . . . . . 82 General review of the position. No doubt United States' Government will admit their liability, and cive i-onipensHtion . .. .. ..88 Sends ropy of No. 53. Explains position .. 90 " New York Times " on maritime jurisdiction in Behring's Sea .. .. .. ..91 Have any steps been taken to appeal in cases of " Onward," " Carolina," and " Thornton " ? . . 92 Copies of two despatches from Canada respecting seixure of "Grace," "Dolphin," and " W. P. hayward" .. .. .. ..92 Telegram from Canada reporting that vessels are still detained, and asking for inquiry . . . . 95 Copy of above. To inquire why vessels have not been released as promised (see No. 27) .. ' 93 Copies nf inclosurcs iu No. 57. To make repre- 1 sentations to United States' Government respect- | ing seizure of these three vessels . . . . 96 German Government ask views of Her Majesty's Government as to proposal of United States for International Convention for prefervation of seals 96 Acknowledges receipt of No. 53. Copy lett with Mr. Dayard . . . . . . . . 96 Copy of letter from Commander-iu.chief on Pacific Station, with Hit of sealing schooners . . . . 96 Answers No. 59. Note to Mr. Bayard respecting non-release of teasels, and extract from " New York Hcralu " on the subject . . 98 Invitation from United States to Sweden to join negotiations for preservation , . . . 98 Answers above. No aimilar invitation received from United States' Government. Will Sweden accept?.. .. .. .. .. 99 a 2 h TASUt OT OONTBNn. No. Nime. Date. HuHJICT. l>age 67 To Baron i'leiten.. .. Oct. lit 1887 Aniwera No. fil. No niniilar proputal maiii' to Her Majraty'i (iovernnient. VVIiat will lie ili>- eiaioii of Cicrnian Oovernmetit ? 9!) (!« Admiralty ., 13, SeniU copy of latter from Coinmander-in-cliipf on I'ariAc Station, with new«pa|>er exlracli •< to ... deniiirror handml in on bi'half uf Itrilltli ieili>ra 99 69 Sir L. Weit 14. Kcnewed urderi aviit for releaae of vcaielii lO-J 70 Colutiial Offlcp a. I7t Copy of aeapatcli from Cnnada rvtpectiiiK leiiure ot' " Alfr»d .\ vvaaela , . Kricf of UniUul Stntea (iovernmvnt filed in Sitka 112 77 W II • • • • 14, Court, and article thereon from " New York Herald" 112 78 To Sir L. West .. 2C, Refera to No. 71. To (ji»e Mr. Bayard copy of Ineloaiire in No. 70 121 79 1* f* ■ • •• 89, liefera to No. C!). Aiipnives aciion 121 80 Sir L. \V«>«t .. ., 20, Anawera No. 71. Copy of note to .Mr. Bayard protestiiii; agiiinat aeiaure of " .Alfred .Vdams " '. and aiinilar proceedinjra 121 81 It If •• •• 93. Kefera to above. C'oj.y of note from .\lr. liayard acknowledging " Alfred Ad.niia " proteat li2 82 Colonial Office Nov. 19, De8|>atcli from Canada incluaini; Minute of Execu- tive Council of Briliah Columbia respecting value of sealing industry to province 12'.' 8S i To I'lenipntenlinrii'H at I'iilirrlea Confprcnce 28, No invitation received from UniU-d States' Oovern- ment aa to negotiations fur preservation of seals. Ilcr Majesty's Gnvernmciit favourably dispo^eil to negotiate separately from question of fishery right* .. .'. .. .. .. 124 84 It It 7i. Sends copies of Nos. 82 aii of nna and , , 141 vpn un," 164 On- >nal ■„ »' in, nnd 165 Icr- 172 irci 180 1 I 181 No. or, Nnmr. Ti. Sir I. We-it 97 To Colonial Office . W To M. de Staal <)<) M. ill' Klnnl 100 { Colonial Offirr 101 I To Colonial Office lOJ I To Sir I.. \^nl . 103 I Colonial Offlrv . 104 I To Colonial Oflico . 106 Colonial OtKoc Dale. 106 Count Piper 107 I Colonial Oltir* 108 109 110 112 ,T«SirL. Weit »*>m k*« To Colonial Office... . • Sir L. W'ml .. .. Ti> Sir L. Well „ Sir L. \Vc»l . . . . (TeU<(!i'aphic) 113 I To CiiloiiinI Ofli<« 114 I Colonial Office 116 ! To Colonial Uflice 117 Sir L. Weal IIH 119 ; Feb. 92, I HNS Mar. a, 3. 7. 12, 17. 17. 'i'i, n, 1*, ij • .V U, .r.i I .'* .' 88, «0. ifwui n- ak 30. 19, Apr. 3, HUBJICT. 120 ' 12i I 10, 14, Mar. 27, 31, Apr. a, To Sir It. Morier (alio to Sir I L. \Ve«t) 1 122 To Sir L. VVeat .. I I'ja I To Colonial Office, Hoard of Trnde, nnd Admiralty 124 ' Colonial Oilicc 13S Sir L. Weal 126 Colonial Office 127 .\dniiralty 128 I Colonial Ofllce I 129 130 To Sir I.. West !31 Sir 1,. \Ve.t 132 Hoard of Trade 133 134 Sir I,. Wem (i (t..,iinit«ir ohnerv.itiiiiia 1H2 Would be Klad if he would join in ditruss'on 182 AnitMvra above. Will aak for inotnivlionii ., 1^2 Anawera No. 97. Muat contiilt ('anaiU . .. 1811 Antwera almve. Copiea of >!iia. 9H 99, nnd 103 Have reaerved all rigbtt and claima . . 180 Ciipira of Noa. 98 and 99. Her Majeaty'a liovern nieiit do not admit rit;hta of juriadietlon .. 1^4 Snbniit4 notice of a qiieMtinn by .Mr. (iourley, .M.P., for opinion an to anawer on points raiaetl . 184 Answer* above .. .. ., 18ft Telegram from (lovernor-Oeneral af rCauada, who ' is anxious for atinrancea (Canadian i^swlt will not be iMerfered wilb in coming teaaoa IMS Swediaii Uovernment hopes the neRotiationa will be lucceMful, but is not sufficiently int«reatad to take pait . . .. 18S Refers to Nbs. 104 and 103. Puaaibility of armed reaiattiir'e bjr sealers. Anxious for assurances of non-iui,-; 'oncc. As to sending a man-of-war towalcliVi -eedinga .. .187 Copv of above. To represent eatremu ii'. orders issued vet for capiiiie of Hritisli vessels .. .. ' .. ,. 189 Subslanre of above .. .. 189 Oil question of bonding captured rcaltTS (sec No. 110) .. .. IflO Answers No. 114. Views on bondini; .ind appeal questions .. ., .. 191 Sends a letter by Mr. Swun, Aaaistani Collector of Port Townsenil, on fur-seals, beariii!; on question of jurisdiction .. ..191 Copy of communication founded on .Nil. ID J .. IU4 Refers to Nr. 1 10. Memorandum by .Mr. lienjnniin. Councillur-ot-Law. Honding ipiestion settled ., .194 Refers to No. 1(18. Execution of inntrnclions. Mr. Hayard hopes there will be no more seizures. 195 Interview with Russian Ambassador :iii I I'liiled States' Charg£' d'Affaires. Decision as to n pni- visioiial basis for negotiation ,. ..I 19G Propose .Mixed Conimission to invv»tiga!e claims and decide as lo compensation ..I 197 Copy of No. 121, for ohservatioiia .. 197 Answers S'o. 1)6. Tclegrani from C.inada as to last year'* captures ., ., 197 Refers to No. 120. Private note from Air. Havard, repeating that no orders for aeixures bavi' been issued .. .. 198 Telegrams between Canada ami Hritisb Columbia. As to self-defence by sealers . . 198 Answers No. 123. Fully eoncur .. .. 1U9 Ditto, Canada will pronnbly make reserves. Copies of correspondence . . .. ..199 See above. Cantidi.in i'ritiei«ms .. .. 201 See .'' . ll-f. I'mpese to extend lime (or appeal .. 201 Sf» No. |2-.'. I'opy of note to Mr. Ha\ard . . 202 Answers No. 123. Disposed to agree .. .. wO'J Refers to Ne. 131. Mr. Baynrd prefers to await - judgment of Appellate Court . . , . 203 Answers No. )30. Copy of note to Mr. H.iyard .. i 203 TABLB OP CONTBNTl. No. 135 196 137 138 Name. / Colonial Office SirL. We.» M. (le Staal Colonial Office 139 V Mr. Phelpi 140 141 142 143 144 145 146 147 148 149 150 151 153 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 173 173 174 175 176 Colonial Office To SirL. Wirt .. ToMr. PhelM .. To Colonial Office. . n 11 • • Colonial Office Sir L. West ToSirL. Weat .. To Colonial Office, , To SirL. West .. To Colonial Office Sir L. West To Colonial Office. . . . Colonial Office To Lord Sackville . . . . (Telegraphic) To Colonial Office . Sir L. Weat To Colonial Office . . Colonial Office . , . . To Colonial Office Colonial Office . . . To Mr. Herbert .. (Telcpraphic) Coloniil Office To Mr. Herbert ., (Telegraphic) Mr. Herbert (Telegraphic) To Colonial Olliro Mr. Herbert Date. May 12, 1888 30, July 35, 25. 28, Aug. 1, 3. 2, 9. 3. 10, 10, 18, 18, 16, Sept. 1, 1. 3. 3, 13, 15, Oct. 2, 8, 10, 10, .Sept. 30, Oct. 13, 20, 2a, Nov. 1, 17, 21, 22. 26, Dec. 3, Ji 5, Sub J SCI. Page Nov. 80, Dec. 12, Jan. 8, 1889 Canadian objectioni to close-time Regulations main- tained . . Refers to No. 134. Mr. Bayard's views as to extension of time for appeal . . . , . Extract from a Russian Memorandum regarding the hunting of seals .. .. Circumitancet under which " W. P. Sayward " was released under bond at Sitka ., Urges immediate action in regard to International Convention .. Sends a telegram respecting the proposed sale by the United States of the " .4nna Beck," " Dol- phin," " Grace," and " Ada." Urge its post. Subitanoe of above, for required action ■ . . . Aeknonledges No. 139 .. .• »• Copy of No. 189, for early eonaideration .. Substance of No. 141 .. .. .. Answera No. 143. Canadian Report on its way .. Refers to No. 144. Canada informed . . Minute of Canadian Privy Council, giving their views on the United States' proposals for a close time. They protest against United States' doc- innc a* «9 «« *« «• Refers to No. 146. Minute* by Canadian Privy Council on proposed niet. What is progress of "W. P. Sayward "case? Answers No. 141. Note to United States' Govem- mept .. .. .. ,. ., Refers to above. Sale will be postponed Ditto. Copy of Mo. 148, for laport Ditto Substance of preceding . . . . Kvfcrs to No. 121. Convenation with Mr. Phelps on close season question. Difficulties felt by Canada , , , . . . . . Refers to No. 147, Close time. Substance of above .. ., .. ,. ., Refers to No, 130. Copies of correspondence. Should sale be proceeded with ? Answers No. 151. Case of "Sayward" not yet docketed in Supreme Court .. Copy of No, 153. What action ? Answers above. Proposed reply . , . . To act in sense of above . . . . . , Substance of above .. .. .. _ Refers to No, 155. As to disposal of condemned sealers . . • , . . , . , . Refers to No. 160. Copy of No. 161. What should be done with " Ada " ? " W. P. Sayward." See No, 156. Should not action advised by Canada now be taken ? Sec No. 158, Despatch from Canada on bonding of " Grace," " Dolphin," and " Anna Beck " .. Refers to above and No, 162. As to case of "Ada",. .. Should substance of above be commnnirated ? Answers above. Yes .See No. 159. Substance of No. 165 .. " Ada," Correspondence from Canada as to original appraisement , . . , . , See No. 1 64. What has been done about appraise- ment ? , , . , Wliat answer to No. 159 ? Answers above. None. Has asked Substance of above .. .. .. .. Refers to No. 16ti. Steps Uken Refers to No. 171. Mr. Bayard on tlic question of the sale .. .. ,. .. Mr. Hoar's motion in Set:'ate for papers and Regu- lations governing 6sheriei- . . ■204 204 205 208 309 SC9 310 SIO 210 311 211 211 212 216 219 •213 220 2;i0 320 221 221 223 ■223 '223 224 224 224 225 225 ■226 228 228 228 228 229 229 'J.3U 230 230 '230 231 333 TABLB OF rOMTBNTS. tU No. Name. Date. Subject. Page 177 To Mr. Edwardei.. Mar. 23, 1889 Pretident Harriion't Proclamation a((ainit foreign •ealers entering Rehrin); Sea. To telegraph terms of.. 234 178 Mr. Edwardei 23, Subitance of Proclamation . . , . 234 179 »f »i • • • • as, Text of Proclamation 234 180 Colonial Office . . . . 26, Calls attention to Proclamation. To make repre- lenlation . . sas 181 To Colonial Office ao, Answers above. Will delay action pending receipt of Act for protection of salmon in Alaska 336 182 Mr. Edwardei .. ., 15, On proposed sale of ships. Canadian Government think any interference useless (see No. 176) .. 236 183 fi *■ •• •• 18, Copy of Act for protection of the salmon fisheries of Alaska 237 184 To Colonial Office .^pr. 4, Copy of No. 182, for observations 238 185 Mr, Edwardei .. .. Mar. 85, See No. 17C. Sends extracts frou the published correspondence dealing with the historical ques- tion 238 186 It If •• •• 23, President's Proclamation. Hemarks on bearing of . . . . . . . . . . 242 187 It 11 •• 25, Salmon Fisheries Act (see No, 183). Report on its course through the two Houses in Congress . . 343 188 Colonial Office .. .*pr. 10, President's Proc'.ariiation. Remarks on term "dominion of the United States in the waters of the Behrinir Sea " 251 I8& 11 II •• •• 10, Acknowledges Xo. 184. No remarks. What is position of " W. P. Savward " appeal t 251 100 To Colonial Office.. 111 Copies of Nos. 179, 186, and 187. Remarks on the meaning of the Act and Proclamation 251 191 To Sir J. Pauncefote . , 13, " W. P. Sayward." What is position of case ? .. 2A2 1P2 Mr. Edwardes .. 2i Remarks on rejected Dill of Mr. Dunn for amend- ing section 1 963 of the Revised Statutes Ki 193 To Colonial Office. . 18, Answers No. 1S8. .^re awaiting Reports from Sir J, Pauncefote 233 194 II II • • • • 16i How long before 1886 were Canadian vessels in habit of sealing in Behrin^' Sea ? 254 193 Colonial Office .. .. 20, Answers No. 190. Would be glad if our meaning could be officially recorded . . 254 196 >• II . • • . 29i Answers No. 194. Has asked Canada .. ■J&St 197 Sir J. Pauncefote .. ,. 26, " W. P. Sayward." Answer* No. 191 . . 255 1 ■ • ''■ " Black Diamond " and " Triumph." Further Report . . 289 207 >1 *} • • • H. Case of the American sealer " San Diego " as lietr- ing on above cases 290 208 To Colonial Office.. 17, Appeals for seizures in 1 886 sliould be pushed on . . 294 20J Mr. Edwardcs 5. On cases of " Black Diamond " ami " Trnimph," and arguments of United States in regard to seals 294 210 Coloriial Office 19. Refers to No. 208. Telegram to Canada 295 2.. II If • • 20, " Black Diamond " and " Triumph." Reports from Canadian Government . , 295 21J To Mr. Edwardvs . . 22, Alleged seizures. What truth in reports ? To request issue of instructions to prevent recur- rence .. 300 213 11 II • • • * 22 Refers to above. To remiiiH. Mr. Blaine of .Mr. Bavard's unofficial assuiances. Sir J, Paunce- fote wil discuss whole question, but Her Majesty's 1 I. 1 - . 1 ■ ' Government protest against seizures . , 310 i :~i .• ■■• i(i" .... «•-. : ( ▼in TA.BIun and Co. Nov. 2, •^, fi. f, Oct. 31, Nov. 1, §u . k* . ■> ..ii 13. 14. Subject. Page Summary of interview, and copiei of correi.|)ondeace with Mr. Blaine on above instructions . . . 300 " Black Diamond " and " Triumph." Further from Canada. Whataniwer? .. .. 3U3 Copy of telegram to Canada aummarizing informa- tion in No. 214 .. . .. ..304 Answers No, 315. Say question is being con- sidered. \\'« have, so far, no authentic details . . 305 Refers to No. 215. Furt'".er details from Canada . . 305 " lilack Diamond " and " Triumph." Statements . by owners . . . . . . . . 307 Approves No. 314 .. .. ., 90S To ask (/'anada to telegraph at once any further stoppages . . . . . . 309 Affidavits of maatert of '* Black Diamond " and "Triumph" .. .. .. ..300 Instructions sent iu sense of No. 321 .. ..312 Recent seizures. Telegram from Cinada. Affi- davits being fbrwarded .. .. ..312 Refers to No. 217. Copy <.f telegram sent to Canada .. .. .. .. ..313 Copy of private letter to Mr. Blaine asking for answer to request for assurances of non-inter- ference .. .. .. .. ..313 Refers to above. Mr. Blaine's answer . . 314 Copy of No. 222. To protest against seizures as wholly unjusti6ed by intemalionul law. Refers to Mr. Biiyard's unofficial assurances . . ,. 315 Refers to " close lime " negotiations of 1 886 and 1887. Arc ready to discnss an agreement for the purpose , . . . . 315 Approves No. 336 .. 316 Letter from Mr. Clarke iuclosing Report of a meet- ing at Victori.i lo protest agai'ist seiaures. Case of'Jiianita" .. .. 316 Refers to No. 323. Copies of Nos. 238 and 3?9 . . 333 Interview with Mr. Blaine on the subject of Mr. Bayard's unoilicial assurances reg.irdiiig seizures 323 Answers above. liliplnins what iissnr.inces were referred lo in No. 228 . . . . . . 323 Acknowledges No. 231. Suggests replying to ('fleet that whole (|uestion is under discussion . . 333 Forwards from Canadian Government duplicate of Report in No. 231 .. .. ..323 Seizures of "Minnie." ".luanita," " P.ithfinder,' and " Lily." Reports from Canadian Govern nienl, with co|)ies of affidavits of masters . 334 See No. 210. Report by Canadian Minister of Marine and Fisheries on question of appeals ! against 1886 seizures .. . 330 Question of appeals. Sends .Memorandum by Mr. Calderon Carlisle on the case of the United States' vessel " Sylvia Handy." which illustrates | point .. .. .. ..j 336 Refers to No. 234, and sends copy of letter to I .Mr. Bluine iu regard to it . . . . .. ' 337 Acknowledges Nos. 336, 337, and 338. Propose I to await Sir .1. Pauncefnte's Reports . . , . 338 Approves letter in No. 240 . . . . . . I 338 Urges importance of settling the question, in inte- ! rests of seal preservation, before it is too late . . 338 The High Commissioner for Canada in London is to discuss question with Her Majesty's Govern- ment .. .. . .. .339 Copies of letters in newspapers by Mr. Felton and Mr. R. Rayner arguing the question from diffe- rent paints . . . . 34U Preliminary conversation with .Mr. Blaine. He docf|iiot assert mare clausum doctrine, iiiiil ton- eiirs in resuming the tripartite iiegoliation regaril- ing a " close season " . . , . 350 .Acknowledges No. 24.'J. Will be glail of any statistics and iuforniatii)ii . . . . . . 353 .Answers above. Collecting inlurmation. I'heir letters may be published .. ., ,. 3.'<2 i ! TABLE OP CONTENTS. IX No. nee , , 300 her , , 303 ma- 304 Oll- 1 .. 305 a.. 305 enti 307 ■ « 308 ther , , 309 and ^, 309 , . 312 Affi- It to I g for inter- res as Ipfers 312 313 313 314 "R 315 6 and I nt for 313 , 316 meet- Case I .. 316 299 . . I 322 f Mr. eizuret I 322 wore I ..j 322 to . . 323 cate of I . 323 iniler," overn- j 324 ter of I pueals 330 '" '')' United 1 sirateR ' 336 icr to ] 337 ropnse 1 338 338 n inte- 1 ,te . . I 338 don is I overn- | 339 on and diffe- hV III cull- t..j{,u-d. I \)( anv riieir 34U 350 352 ■6S>2 249 250 251 252 253 S54 255 256 257 258 259 26U 261 262 263 264 £65 266 267 268 269 270 271 272 973 274 275 276 277 278 279 280 281 283 Name. Colonial Office Date. y.oM. 30, 1889 International Arbitration and j Dec. Peace Association . To Sir J. Paiincefote . | I Sir J. Pauncefote , , Colonial Office To International Arbitration and Pvurc Association Colonial Office .. .. To Colonial Office.. To Sir J. Pauncefote To Colonial Office, . . . Sir J. Pauncefote .. .. i (Telegraphic) I To Sir J. Pauncefote . . Sir J. Pauncefote .. , i (Telegraphic) Colonial Oihce ,. Sir J. Pauncefote , . M 1» To Sir J. Pauncefote Sir J. Pauncefote Colonial Office To Sir J. Pauncefote To Colonial Office. . Colonial Office .. Sir J. Pauncefote .. To Colonial Office. . . { Jan. Feb. 6, 7, 12. 10, 11, 12, 1?, 14, 16, 16, 17, 17, 17. 18. 18, 13, 26, 26. £6, 10, 18. 9, 23, 28, SO, 31, 1, 6, 6, 7, 8, 10, 1690 Subject. Page [1281 Hefers to No. 20^. Report of Committee of Pri»v Council of Canada aiguing against iilea that a close teason is of pressing rcressily, ond inclosing statements of prnciical hunters, with history of Canadian sralinit iutt-rests .. Hope a speedy settlement will be arrived at .. Sends certain proposals as bases of possible negotia- tion, for opini^in .. .. .. Mr. DInine's views on above proposals. They do not furnish a possible basis .. .. Telegram from Canada giving views of Govemnieiit as to conditions of negotiation . . . . Acknowledges Nr. 250. Matter receiving earnest considenition Refers to No. 237. Despatches from Canada for-^ warding claims of "Juanita" and " Pathfinder i in detail . . . . ■ . • • Telegram to Canada veeapitiilating- points in No. 252.. Canadian reply to above. General concurrence, to avoid delay General remarks on above. The negotiations might now commence, the wishes of Canada being con- sulted Acknowledges No. 255. The claims therein will be considered with others Answers No. 252. Gives substance of Canadian reply in No. 957 . . . . . . . • Substance of No. 258. To make a formal com- munication to United States' Government in its sense .. , . .. . . I cpy of above Receipt uf No. 261. Reasons for wisliing to defer communication .. .. Answers above. 'Slay defer communication . I Extract from Report of Secretary of Treasury for I8i<9 on the Sen) Isliinds in Behring Sea .. Discussion with Mr. Rlaine as to compensation for seizures . . Amplifies the above .. ,. .. Advertisement by Secretary of the Treasury for tenders for fur-seal contract for twenty-one vears "Triumph," " 1 ily," " Black Diamond," Detailed chiiins for losses .. ., ,. .. "Ariel.'' Claim for compensation, with declara- tions .. ,. ,. .. ,, New fiit-seal conlir.ct (see No- 268). Resolution by Senator Pluiiili . . . . . Answer of the United States' Government to pro- test made on liili October against the seizures of Hriiisb vessels. Detailed arguments Atknowleiiges above. 1-orinal reply will be sent. Sends lernis for nepotiation. \\>l 381 382 3ti2 383 383 802 396 396 S99 .399 400 402 102 403 403 4f.3 404 404 TABLB OF CONTENTS. No. Nniiie. a 83 2H6 2f7 288 289 290 2»l 292 2overnor-(ieneral dale when Canadian Representative sliould be in Washing- ton to uss'i>t . . . . . . Ai to RuKsian participation .. •• .. Refers to No. 2S9. Ilus written to Canada Refers to No. 271. Copy of No. 284 . . To invite lluasianparili'ipatioil.. Russian Minister will take part '• Minnie " — claim for conipcnialion, thus completing the list for I8S9 .. first informal meetinn-. Submits area proposed by Mr. ISlaine and M. Strove .. Copy of above, for opinion Remarks on No. 2'i6. Sir J. Pauncefote should corfer with Mr. Topper Answers No. 2!)6. ConsuU Mr. Tupper . Memurundiini by Mr. Ulaine of his views on arbi- traiion question .. .. Russian (invernment said to have renewed the Alaska Commercial Company's lease of Russian Seal Islands in Heliring Sea .. .Approves language in No. 280. . .. ., Remarks on Nos. 280 and 300, Important to know Canadian views . . Refers to Nos. 280 and 286. Copy of No. 303 . . I'nritier informal conversation with Mr. Blaine and .Mr. Tupper I'lir-seal Islands said to have been leased to American Commercial Company at large increase . . Atknowledges receipt of No. 288 Ne)!oi,dtions come to deadlock owing to difference of rpiniun about a close season . . . . . . Approves proceedings reported in No. 305 Forwards schedule of claims for compensation received from Canada . . . . Copv of No. 308. Propose to wait . . . Usual Proclamation as to Behring Sea fisheries about to issue .• .. Refers to No. 305, Report of first formal meeting. Has prepared a draft scheme which Mr. Tupper has taken to Canada for considera- tion Artie! from " Tribune," of Naw York, headed " RiKhls in Behring Sea " .. Approves principle of draft Convention referred lu in No. ;il3 .. .. .. Answers No. 311. Agree to wait .. .. Newspaper extract relative to detention of the " Pathfinder " at Portland on charge connected wiili her last year's arrest. Her release by order of Treasury . . . . 'I'elegram from Canada giving first impressions of draft Convention .. Canada occepts draft with snggestcd modifications . . Result of interview with .Mr. luppcr on his return from Canada, vjubmits fresli draft Correspondence relating to the fisheries as received from Mr. Blaine, including evidence of United States' experts and counter-evidence furnished by Mr. Tupper .. •• •• • . Has received Canadian amendmv .its to draft Convention, and proposes submitting it to Cou- ferenoe •• .. •• •• •• Page 405 405 407 ^07 407 407 408 408 408 408 409 409 412 412 412 413 413 414 414 415 415 415 416 416 417 417 417 418 419 419 420 421 421 421 422 422 423 423 453 '! I TABIiS OF CONTENTS. I'age 405 ■105 407 •107 .. 407 407 408 408 408 408 40!) 409 413 412 412 413 413 414 414 415 415 415 418 416 417 417 417 418 419 419 420 421 421 421 422 422 423 423 453 No. 393 324 33S 326 827 328 329 330 331 332 383 334 335 336 337 388 339 340 341 342 343 344 345 346 347 348 349 350 Name. Sir J. Ptuneefote . . (Telegraphic) To Colonial Office. . Sir J. Paunceloto . . Colonial Office •. .. To Sir J. Fauncefnte . . (Telegraphic) Sir J. Pauncefote (Telegraphic) To Sir J. Paunrefote (Telegraphic) *i If ». » >• • • Sir J. Pauncefote . . . (Telegraphic) Date. (Telegraphic) » If (Telegraphic) To Sir J. Pauncefote ., Sir J. Pauncefote .. .. (Telegraphic) Extract from " Morning I'ort " To Sir J. Paui.cefote (Telegraphic) Sir J. Pauncefote , . (Telegraphic) To Sir J. Pauncefote . . Sir J. Pauncefote .. .. (Telegraphic) To Sir J. Pauncefote (Telegraphic) Sir J. Pauncefote . . . . To Sir J. Pauncefote (Telegraphic) Sir J. Pauncefotu (Tel»(rraphic) Apr. 30, 1R90 33, May 5. Apr. 99, May 8, 8, 8, 9, 9. IP. 11, 11. 14, 22. 29, 23, 93, 2», 24, 29, 30, 31, 23, 23. 23, June 3, T, (Telegrtphic) 7, Subject. ri28] Ha* lent in draft Convention .. ., Refers to No. 304. Views of Canada as to proce- dure in regard to arbitration and assessment of damages .. .. .. Copy ot above, for remarks .. .. .. Copy of letter to Mr KUine rending in draft Con- vention as approved by Canadian Quvernment. Sends copy of it ... Answrrs No. 325. Criticisms on No, 324 ., What i',]. Seiiil.^ cupy of note in winch (Ir^ilt Ciiiivenlion is rejecied liy Itnssia ami llie 1 I.'nileil Slates . ' . . ' ,. j Inlervii'w with .Mr. lllaiin-, wlio ileclincs to give j tbrni.il assniancu as lo non-inlerfi reiice. Proposes | to s' ii'l in pi'oli'st on I-ltli inslnni .At previous interview aave .Mr. IJlalno explanations contained In No, :''>[ Coneipiniilence with Mr. lilaine iiliont stopp:n;e of sealer* liy ( ler .\|".jesty's (ioverninent. .Mr. lilaine sie.'!;e.~is a I'rocliination requesting them to abstain f;.'ee to speellieii conditions 'r .. Hives rmij;h form in which Proclamation mi},'ht run, if issued Tlie I'liiteii Stale.- ■ (lovornnnnl having; suL'jrosted that a I'roclamation exeludinj sealers tor this season slunild he issneil, he has rriilleil that it is impossible. Copies ot eorresiKimlence Claim from owners of " Pathtinder" for lier deten- I'on ill .\ea;;li Hay in .March last (si e No. 317) Itefers to Nos. ;!4!l and .'Uil. Corresnoudenee with .Mr. lilaine on subject ol proposed exclusion of sealers . . , , Kxtraoi from .Annual Heport for 18S9 of Canadian Jlinisler of .Marine and Fisheries Letters from Captain llulton,of Her Majesty's ship "Aniphioi>,"p:ivinjr names of British sealers, their owners, \o., and their probable movements Refers h> No. 3.')3. lixplaiiis, by copies of corre- spondence. &e., position of Her .Majesty's Govern- ment ill ner.inl to the nesrotiations of the spring of 18!s,s, and corrects iiiipressio!^"! received by Air, lilaine as to any formal engaj^ement having then been (jiven .•Vnproves note ill Xo. 36J Newspaper lelesrams reportiiiij tl-.al United States' Kevenne crnizers have not vet lc(t for Ueliring Sea .Appioves note in No. 363. Hemarks on an obser- vation bv Mr. Pliflps ill li!88 as to elcclioneerin}; dillieulties in way of then conclnding negotiatioi.s Uelers to No 3ii5. Copy of Memnrandiini given to .Mr. lilaine explaining inability of Her Majesty's (iovi'rnnent lo slop sealers liefers lo No. y.')9. .May he send in official note formnlating eonditious in lejtard to issue of a Proelainiitioii ? Minute by ("anadinn Privy Council recommcndins that an assurance be squ^ht that sealers will not lie interfered with . . ., Entirely concurs in .proposal in No. 371 . Copy of note from Mr. lilaine in answer to argu- ments in No. 3:it), in which he dwells at length on undisputed rights of Russia, and claims them for the United .States, mid again asks by what right and on what groniids the present action of Her Majesty's Uoverimieut is defended ? .. I'agu 474 •174 473 47S 479 479 480 480 480 481 481 482 484 486 48S 491 493 493 493 494 494 49j 496 497 TABLE OF CONTKNTS. xtti 1 l>giga llcr and S_ *. 474 irrps lioli 474 dm • • 475 rive osus 47S ions .. of 479 aiiie tUlll 473 •• 480 ^rn- jzlit. tlsll nil >r(t- cla- •480 'in- .• 480 run, 481 itC'fl I his t IS 481 pn- 7) 48? ntli of 484 inn hip 486 leir 488 rre- 111- rof Wr. len , . 491 493 es' 493 493 494 494 49j 496 No. Natno. Dale. Sdbj.-.ct. Page 37.'; Sir J. Pauncot'oto .. July ;), 18S0 Mr. lllaine will continiu- npgotiationn iit IJ.ir Har- (Telegraphic) bonr .. .. ., 506 376 » 11 t • • • June 18, HeferB to No. 357. Copy of protest sent in on 14th, am', of note covering it 506 377 »i II •• • • 27, SiMuls artirle from " Now York Herald " piirportiiii: to liive niithoritatire version of the story of the ' negotiations .. .. .. " ..i 508 !)7H }i II • • • • 27i Copy oV note to Mr. Blaine founded on authoritv given in No. 373 . . . . . . ,' . 510 379 *i II • • ■• (Tclcprapliic) July 9i Itesoliition adopted in IIouso of llcpresentatives for publishing correspondence .. ., ., 611 380 To Sir J. I'ainicefotu .. 10, Approves note in No. 37S ., .. ,. 511 381 ;, II • • 10, Approves note in No. 376 .. .. .. ; 512 38!i II II •• Aug. 2, Ael;iu.\vledge8 No. 374. Replies at lengtli to the argiiinents deduced from alleged liussian righu of juri^(liclioll over Behring Sen, Quotes American contentions dating from 1832, opinions of puhll- eisls as lo limits of maritime jurisdiction, and diplomatic documents of 1822, 1823. and 1824. Her Majesty's Government are ready, if neces- sary, to refer lo arbitration (|ue9tion'of legality of recent captures, witli the issues that dcptnd 1 "PO" II .. -n .. .. ..1 519 497 i:: Ciurespondencc respocliiij? the lieliring Sea Seal Tisli* ries : 1880-90. No. 1. Colonial Office to Foreign Office. — {Received September 1.) gjj. Downing Street, September 1, 1886. I AM directed by the Secretary of State for tlie Colonies to transmit to you, to be laid before tiie Earl of Iddesleigh, a copy of a letter from the Admiralty, with its inclo^ure, respectin!^ the alleged seizure of thre^' Britislj Columbian seal scliooners by tbo Un.ced States' Revenue cruizer "Corwin." I am to suggest, for the consideration of Lord Iddesleigh, that the matter should be brought before the United States' Government, with the view of obtaining further information on tlic subject. I am, &c. (Signed) R. H. MEADE. Inclosure 1 in No. 1. Admiralty to Colonial Office. Sir, Admiralty, August 2(3, 1886. I AM commanded by my Lords Commissioners of the Admiralty to transmit herewith, for the perusal of the Secretary of State, a telegram wiiich has been received from the Commander-in-chief on the Pacific Station, dated at Victoria, 24th instant, respecting the seizure of three Britisii Columbian seal schooners by the United States' Revenue cruizer " Corwin." I am, &c. (Signed) R. D. AWDRY. Liclosure 2 in No. 1. ^Rear-Admiral Sir M. Culme- Seymour to Admiralty. (Telegraphic.) Victoria, August 24, 1886. THREE British Columbian seal schooners seized [byj United States' Revenue cruizer "Corwin," Behring's Straits, seaward 70 miles from off the land [1 in the execution ot] killing female seals, and using fire-arms to do it, which thty '"'ve done for three years without interference, although in company with " Corwin." No. 2. The Earl of Iddesleigh to Sir L. West. Sir, ^ Foreign Office, September 9, 1S86. I TRANSMIT to you herewith a copy of a letter from the Colonial Office, and of its inclosure, respecting the alleged seizure of three British Columbian seal schooners by the United States' Revenue cruizer " Corwin ; "• and I have to instruct you to address a [128] • Ns. 1, B communication to the United States' Government askio'j; to be fuinished with any particulais whieh they may possess relative to tiiis occurrence. I am, &c. (Signed) llJDKSLKIfai. No. ;}. Colonial Office to Vnrciijn Ojfivc. — {Rvvvirvil Hoptrinhir 27.) Sir, Doiniiiuj Slrcrt, .Si-pli'mhrr 2!). 188(!. WI'i'FI relercncc to tiie capture of Canadian sealiiig schooners in IVclninn's Soa by tiic United States' Itcvcnuc cruizer " Corwin," 1 am diri'cted i)y -Mr. Secretary Staiihopu to transmit to you, to be laid before tiic Karl of Iddesleii;!), a teli\i,'rain lioin the Officer administering; the Government of tiie Dominion, togctiier with a copy of a letter from the Admiralty, with its inclosurcs, on the subject. 1 am to state that, in Mr. Stanhope's opinion, the case is one in whieii a protest should be made to the United States' Government, accompanied by a demand for compensation, and that Sir L. West might be instructed to make such protest and demand, if, u| on inquiry, he ascertains tliat the United States' Government maintain the pretension raised by the seizure of these vessels on the high seas. I am, &-C. (Signed) JOHN RRAMSTON. Inclosure 1 in No. ;5. Administrator Lord A, E. liim.sell to ^fr. Stanhope. (Telegraphic.) Sepinnlier 22, 1H8G. THE Canadian schooners "'J'hornton," " Onward " and " Carolina" were seized on tiie 1st August in Beiiring's Sea by the United .'^tales' cutter "Corwin." The captain and mate of the "Thornton" were tried in the District Court of the United States at Sitka on the SOtii August. It was attempted to show that the " Thornton " was seized for killing seal about 70 miles south-south-east of St. George's Island, within that portion of IJehring's Sea ceded by Russia to the United States. The Judge, in charging the jury, cpioted Article I of the Treaty ol' the HOth March, 18G7, between the United States and Russia, and affirmed that all waters within the boundary set forth in tlie Treaty to the western end of the Aleutian Archipelago and Islands were to be deemed American, and that the ])enaltics of the Law against the killing of fur-hearing animals were to attach to its violation within the limits in (juestioii. The jury were told, if they believed the evidence as to the killing of any fur-hearing animals by the accused on the Alaskan coast or in Behring's Sea, east of the 19;)rd degree of west longitude, to find them guilty. The prisoners were found guilty. The master of the " Thornton " was fined ."iOO dollars and sentenced to imprisonment for thirty days. The mate was fined .'500 dollars and sentenced to thirty days' im|)risonment. The officers of the other two vessels were also tried, and similar penalties imposed upon them. The Government of Canada protests against the claim of the United States to the sole sovereignty over Behring's Sea, 700 miles east of the westerly boundary of Alaska, defined by the above-mentioned Article I of the Treaty of the 3()tli March, 1807, as contrary to the admitted principles of international law, and also in o|)position to the United States' contention concerning common waters on the coast of the Atlantic. It j)rote8ts also against the unwarranted and arbitrary interference of the authorities of the United States with the peaceable and lawful occupation on the high seas of Canadian citizens, as well as against the forfeiture of their property and the indignity of imprisonment which have been imposed upon them. The foregoing facts have also been communicated to Sir Lionel West. ,.'.' .,,1 . ,;. . v., .. :» ., Inclosure 2 in No. 3. .,^.'.,'.1 (fi •<■!»• rt« W ri«<>^ t • Admiraltif to Colonial Office. ' • f»«n Sir, ■ • ■ AilMiraUi). i^teptomher 20, IBW. I AM <'()iniiinmlc(l l)y my Lord* Commissioners of tliu Admiralty to transmit to you, ill ni-i!;innl, for tlif jiernsnl of the Secretary of State for the Colonies, a letter from the Commiinder-in-eliief on the I'.ieiHc Stiition, duted the •i.'jth August, respecting the seizure of three scaliii<; schooners by the United Stiues' Revenue criiizer '"Corwm," on the |»lea of their kiliiiii;' teniale seiils, I mil til ie(|U(st that these i)a|)cis may he sent to the Foieij^n OfHce, to he returned to this Department wlien doiu" with. (Signed) ' ' ' EVAN .MACGRKGOK. Inclosure .'J in No. •'$. Ri'iir- Admiral Hir ^[. L'ulme-Sfymoiir tn Ailniiralti/. s Sir. " Trlui.iiih," at Es,ii,inialt, AikjusI 25, ISSO. IN eonliniintion of niv teleijrain of tiie 2:$r(l instant, I have tlie honour to inform you of tlic ])nitieulars, as liir iis I can at present asccrtiiin then), of tiie seizure of the three sealing .schooners by the United States' Revenue cruizer " Corwin," a small sercvv steamer. The sehoonevs are : — "Thornton." auxiiiiiry screw, 22 tons. Captain J. D. Warren, owner. . i ■ . -..;, " Carolina." sailing, .S2 tons, William .Munsie, owner. i » " Onward," sailin-r. .'<.') tons, W. Spring, owner. AH belonginir to Victoria, IJritish Columbia. 'J'he schooner which was seized nearest to land was ."iO miles from St. George Islniui, the other two rather further off. All three were towed by the "Corwin"' to Ounalaska, the ca|)tain and one man rL-tained on hoani, and the remainder of the crew sent to San Francisco by a steamer going there, when they were set free, anti sent on here at the expense of the owners, arriving on the night of tlie 22nd instant. Their arrival at Sun Fran-isco was the first we heard of the schooners being sei:'.cd. Nothing lias been disturbed on board the schooners, except that the arms and ammunition have been seized, and sufficient jirovision for the crew on their passage to San Francisco taken. 2. There are ten other sealins: schooners from Victoria in the IJehring's Sea. The season is (roni about the ht July to the end of Au;;ust. If not seized, they arc probably on tiieir way here, and may be expected to arr clie middle of September. The (['jcstion of wliether th'-y should be protected or not docs not, therefore, at present arise. Last year there were two schooners from here in the Behring's Sea, and 1 am assured the " Corwin " spoke them four or live times without interfering. In 18?4 only one schooner was there. The success of these has caused thirteen to be fitted out tiiis season. 3, I inclose copies of the following as bearing on the subject: — ...» — (I.) Letter from captain of "■ Thornton " to owner. ■ •. : :.* ■ (2.) Letter from captain of "Carolina" to owner. (3.) Letter from -Mr. Houtwell, Secretary United States' Treasury. , < -i , ■! (4.) A warning published in San Francisco papers and copied into British Columbian papers. (5.) Letter aud telegrams between Mr, Lubbe and Mr. Crow-Baker, M.P. for Victoria. ((3.) A letter from the .\merican newspajicr " Oregonian."* a ,i . ? -i I had hoped to have inclosed a copy of the lease from the United Slates to the Alaska Conuiurcial Company, and a copy of the depositions of the crews on arrival at Victoria, but the only copy cf the lease in Victoria, as also the depositions, have been taken away by the Honourable G. E. Foster, Canadian Minister of Marine and Fisheries, wiio was hero on tiic l.'3rd, and left yesterday morninu'. I have telegraphed to him lor copies, and will forward them as soon as received. . ■ • Not piiiitcil. [128] B 2 4. I would call nttention to the Treaty concerning tlic ccaNJon of (ho RtiftHian possessions in North Aincriin to the United States, concluded 30tli Minch, I8t»7, as aUo to the Convention hctween Oreiit Hritain and Russia, si^'ned Kith (liHtJi) Fehrunry, 1825, anil heg to make the following «)bservations ; — An Ainericnn Company, called the "Alaska (.'onunercial Conipuny," have a lease from the United States, dated 1H70, of the Islands of St. I'liul and St. (iieor,a;e for twenty years, with the rii;ht to kill 100,()()() seals annually on the islands and "waters adjaeent." A United Stales' officer is stationed on these islands to see the terms of the lease properly carried out, and the "Coruin" is also there for this pin'p«)se. Hy the terms of the lease, fire-arms are not (o he used to kill the seals, nor may tt-male seals or seals under one year old be killed. C. It would ajjpear hy Inelosure No. 4* that tiie United States claim the whole of the Bchring's Sea, bounded on the south by the Aleutian Islands, and, as laid down in the Treaty of 1807, as American territory. It would seem impossible to sustain this, for it would appear to be the "high scu," and not Russia's to cede, and this line mentioned in the Treaty only meant to include the islands within it, and not the sea. I beg to draw special attention to the letter from Mr. Houtwell in 1872 (Inelosure No. 3).t Mr. Houtwell was then the United States' Secretary to the Treasury, and he distinctly states his Government could not interfere beyond a marine league from the shore. Mr. Houtwell was, I am told, giratly irrstrumental in |)rocuring the lease of St. Paul and St. George for the Alaska Conrmercial Company, and was therefore interested in excluding sealing vessels from the Hehring's Sea. (i. I may mr'ion that female seals cannot bo distinguished from males when killed asleep on the water at sea; the seals killed by the Alaska Commercial Comijany are all clubbed on land, when the diflerence of sex can be easily seep. ; but that does not really affect the (jucstion as I view il, which is simply whether the Hehring's Sea is (he "high sea," or not. If, as I take it, llehring's Sea is the "higli sea," I presume no vessel fishing there eair be- legally interlered with. 7. The " San IJiego" refcrivd to in Inclosurcs 1 and 2} is an American schooner, and was taken and confiscated, 1 am informed, for landing and killitrg 500 seals on land, contrary to United States' law. 8, Inelosure r),§ iVom a gentleman in Victoria interested in sealing, and the telegraphic answers, show that the owners of the schooners sent them up with their eyes open, and were aware they ran a risk of being seized. y. Inelosure (i^[ is a letter in an American newspaper', the " Oregonian," ])ublishcd at Portland, Oregon, and shows the view taken by many Americans on the subject. I have, &c. (Signed) M. CULME-SKVMOUR. P.S. Port Moody, Awjust 'j.!, I88C. — The depositions alluded to having just arrived, I inclose them. M. C-S. Inelosure 4 iri No. 3. Captiiin II. Guttcnnann [?] to Captain J. D. Warren. Sir-, Schooner " Tlicrnlon," in Port Ilioluk, Ounalaska, August 7, 1880. AS this is my first o|)portunity to let you know that on the 1st August at (i r.M. — my position 5r>° 4')' north latitude, 108° 44' west longitude— having on board 403 seal-skins, all well on board, when United States' Revenue cutter "Corwin" placed an officer on board, took arms and ammunition, took us in tow. At 8 p.m. stopped and took schooner " Carolina " in tow. August 2 at G a.m. stopped and took schooner "Onward. At noon latitude 54 30', longitude 167° 18'. At 8*40 p.m. brought us to anchor in above-mentioned port ; took all the boats from the schooner; put a watchman on board from the cutter. August 3. At 9 A.M. an officer from the cutter came on board and took the ship's papers. August 4. An officer from the cutter returned one boat, and gave four of the crew liberty to go on shore from 8 a.m. to 8 p.m., at the discretion of rae. * See Inelosure 7 in No. 3. S See Inclosiir' 8 in No. 3. f See Inelosure 6 in No. 3. II See Inelosure 9 in No. 3. t See Ineloiures 4 and 5 in No. 3. ^ See Incloiure 9 in No. 3. I Aui;ii»t 5. Notliin;; done to remark. August (5. Ditto. August 7. At 1) A.M. nn ofRccr from tlio cutter came on board ; took sonio proviiiionfl from the »cliot>ner. At -T I'.M. took ten men, iind mo f^oing to be 8cnt to Siiu Prar.cisco immediately witli steamer "San I'aule," as leaves just now. " San Dicfjo " is seized and stripped iiere. 1 lia\e put in my protest. Mv latest news I'roin tiio rest of Victoria seliooner.s is '' doin^ well." I know not more just now, and remain, youri*, &c. (Signed) H. GUriERMANN [?]. My protest is as follows : — " i, II. (jutlern)aii ['i"!, master of British nchooner ''''hornton,' do hereby declare that 1 do not know wherem I have violated the laws of the United .Stotes or other natiims in fakini? seids beyond the usual limit of ;? leagues [? miles] from shore within Mehrinf^'s Sea, and I therefore enter this my solenm protest against the action of the United States' authorities in seizing tliis tiie vessil under my command, together with the seal-skins coni|)osing cargo." (Excuse haste.) II. G. Inclosure 5 in No. .'). CapUtin J. Oijilvie to Mr, IV, Mumie. Dear Sir, Ounalasha, Auijnst G, 1880. THE United States' steamer "Corwin " boarded and took charge of the schooner in latitude ."io" 'j(l' north, longitude lOb" W.V west. They took all tl;e firi'-unns from the schooner. 1 asked why they did so. They said for killing female seals and carrying tire- arms. They towed the "Thornton" and '"Ori ard " in at the same time. 1 have got 680 seal-skins on board, "Thornton" 10 1, "Onward "700. 1 have beard nothing of the " Pathfinder" in the Behring's Sea ; she was seen ofl' Sitka coming up. It was on the 1st August, at 6 I'.M., they took charge of the schooner. The American schooner " San Diego" is in here, they arc taking all her skins and sails on shore ; .'">00 skins. Your, &c. (Signed) JAMES OGILVIE. Inclosure 6 in No. 3. Mr. Boulwell to Mr. Phelps. Sir, Treasury Department, fVashiiiglon, April 19, 1872. YOUR letter of the 25th ultimo was duly received, calling the attention of the Department to certain rumours circulating in San Francisco to the effect that expeditions are to start from Australia and the Hawaiian Islands to take fur-seals on their ann'.ial migration to the Islands of St. Paul and St. George, through the narrow pass of Unniark. You recommend, to cut olf the responsibility of evil resulting to the interest of the United States from these expeditions, that a Revenue cutter be sent to the region of Unmark Pass, by the 16th May next. A very full conversation was had with Captain Bayant upon this subject while he was at the Department, and he convinced it to be entirely impracticable to make such an expedition a paying one, inasmuch as the seals go singly or in pairs, and not in droves, and cover a large region of water in their homeward travel to these islands, and he did not seem to fear that the seals would be driven from their accustomed resorts, even were such attempts made. In addition, I do not see that the United States would have the jurisdiction or power to drive ott' parties ^oing up there for that purpose, unless they made such attempt within a marine league ol i ? shore. As at present a' /ised, I do not think it expedient to carry out your suggestion, but I will thank you to jmmunicate to the Department any further iacts or information you may be able to gather upon the subject. I am, &c. (SVjned) GEO. S. BOUTWELL, Secretary. Inclosure 7 in No. 3. ' ' ' ■■• •' •■ • Erlrnctfrom the " Daily British Colonist " 0/ April 6, 188G. •• •■• ' Alaska Seal Catching. — The story soes that some poachers were fitting out in San Francisco to kill seals on the I'^edcral preserves in Alaskan waters. To warn all such parties Secretary Manning addvcssed the following note to Collector Hnger: — "Sir, " Treasury Department, March 16, JSSG. "I transmit herewith, for yo\n' inforniation, a cojjy of a letter addressed by the Department on the 12th .March, ISS], to 1). A. D'Aneona, concerning; the jurisdiction of the United Stales in the waters of the Territory of Alaska, and the prevention of the killing of fur-seals and other fur-hearing animals within such areas, as preserihed by Chapter .■>, Title 28 of the Revised Statutes. The attention of your predecessor in office was called to this subject on the -ilh April, ISSl. This coniniunieation is acdressed to you, inasmuch as it is understood that certain parties at your jiort conteiiiphite the fitting out of exjjeditions to kill fur-seals in these waters. You are recpicsted to give due publicity t(i such letters, in order that such parlies maybe informed of the construction placed by this Department upon the provision of law referred to. " RcspecttuUy yours, (Signed) " D. M.vxxixc, Secretary. " Collector of Customs, San Franci:-co." we find tVie full explanation of this note in the U|)on reference to back files letter referred to, which is as follows "Sir, "Ti-casury Department, March 12, 18S1. " Your letter of the 19th ultimo, rccpiesting certain information in regard to the meaning placed by this Department upon the Law regulating the killing of ftu'-bearing animals in the Territory of Alaska, was duly received. " The Law prohibits the killing of any fur-bearing animals, except as otiierwise therein provided, within the limits of Alaska Territory, or in the waters thereof, and also prohibits the killing of any fur-.^eals on the Islands of St. Paul and St. George, or in the waters adjacent thereto, except during certain months. "You inrpiire in regard to the interpretation of the terms ' waters there' and ' waters adjacent thereto,' as used in the Law, and how far the jurisdiction of tlu- United States is to bo understood as extending. " Presuming your incpiiry to relate more especially to the waters of Western Alaska, ycni are informed that the Treaty with Russia of the .lOth March, 1870,* by which the Territoiy of Alaska was ceded to the United States, defines the boundary of the territory so ceded. This Treaty is found on p|). 671 to 073 of the volume of I'reaties of the Revised Statutes. It will be seen, therefore, that the limit of the cession extends from a line storting from the Arctic Ocean, and running through Bchring's Strait to the north of St. Lawrence Islands. " The line runs thence in a south-westerly direction, so as to pass midway between the Island of Alton and Copper Island of the Kormansborski Couplet or Group of the North Pac tic Ocean, to meridian of 17>>° west longitude. All the waters within that boundary to the western end of the Aleutian Archipelago and chain of islands are considered as comprised within the waters of Alaska Territory. " All the penalties prescribed by law against the killing of fur-bearing animals would thereforr; attach against any violation of law within the limits before described. "Very respcctfullv, (Signed)' '' II.' Y. FllVul^Ci^, Actinrj Secretary. " D. A. D'Aneona, 717, O'Farrell Street, San Francisco, California." All parties arc warned that the rule laid down by the Secretary if the Treasury of the United States in 1S81, and reaffirmed in the note of Secretary Manning to tlie Collector of this port of date of the lOlh March, 188(1, will be rigidly enforced against all who attempt to ])oacii upon the Federal preserve by killing seals within its limits, there laid flown and defined, in the waters of Alaska. From that preserve the Federal Govern- ment (ievivcs revenue, and its lessee is entitled to the protection proif'ered by the note of the Secretnrv referred to. I • ? 1?67. , . Inclosure 8 in No. 3. .• . -i . :.! . .11 Mr. F. Lubbe to Mr. E. Crow-Baker, M. P. " • Dear Sir, Victoria, British Colombia, March 30, 188G. THE inclosed clippingr explains itself. The (iiicstion I wish to ask you is. Can the United States claim the easterly half of Behring's Sea as American waters ? The British schooners " Mary Kilen," " Favourite," " Onward," " Grace," " Dolpliin, "Anna Beck," "Wm. P. Sayward," " Mary Taylor," "Carolina," '•Alfred Adams," and "Active" intend to follow "the seals into Behring's Sea at the end of the seal-tishini;' season otf the British Columbiii A to 1976 inclusive) contains the " provisions relating to the unorganized Teriitory of Alaska ; " and section lO.O^ extends " the laws of the United States to and over all tlie mainland, islands, and waters of the territory " ceded by Russia to the United States by the 'JVeatv of 1867, In addition the lease of the Government Seal Islands the Alaska Company holds as well leases of certain islands from the Russian Government, so that in (act it may be said to monopolize the seal fur trade in these waters. I have, &c. (Signed) L, S. SACKVILLE WEST. Inclosurc in No. 4. History of the Origin of the Alaska Commercial Company. THE transfer of the Territory of Ala.-ka to the United States' Government, in conijiliance with the terms of the Treaty of Purchase bct\^een the two Governments, included the transfer of all the Russian Government property, such as public huildins's at Sitka, Governor's house, C'ustoni-house, hospital, and wharves, i^'c. There were, however, certain buildings reserved as the property of the Russian Fur Company, and as General Rousseau, the United States' Commissioner, could not, in his otiicial capacity, take any active or open jmrt in its disposal, Prince Matsukoff, the Russian Governor, concluded a barj^ain with Mr. Hutchinson, who accompaincd General Rousseau as liis Priviiie Secretarv. This bargain included all the property of the Russian Fur Company and I128J 10 I, • li: I i :.!■ 1. seal-skins stored. It was made on private terms and to the exclusion of the stockholders of the Russian Company and the American officers stationed at Sitka, who claimed tiiat they were entitled to a share of the spoils. By virtue of this bargain with Prince Matsukoff, who was Governor of the Company, Mr. Hutchinson proposed to take possession of tlie fur trade of Alaska and the Seal Islands, and left for Victoria (British Columbia) and San Francisco to make the necessarv arrangements. At the former place he met with a Mr. Kohl, owner of a British steamer called the " Fidelitor," with whom he entered into partnership, and the firm still exists under the name of Hutchinson, Cole, and Co. The steamer obtained an American register under the plea that she was o Russian vessel at the time of the transfer of the territory to the United States, and was thus enabled to caiTy on the coasting trade. Preparations were made in 18G8 for working the fur trade of the newly-acquired possession, and especially for the occupation of the Pribylov Islands, to fhich, by virtue of the arrangements with Prince Matsukott", the new Company considered they had an exclusive right. Upon their arrival there, however, they found them occupied by experienced sealers from New London and Stonington (Connecticut) under one Captain Morgan. A fight for possession seemed imminent, but a division of the season's catch was finally agreed upon. While the two parties were thus amicably at work, M. Pflugcl, Russian Viee-Consul at Honolulu, arrived at the bead of an expedition, believing that he should find the islands unoccupied, but was eventually forced to retire before the combined forces of Captain Morgan and Mr. Hutchinson. It now became obvious that the Government must take means to preserve these valuable seal rookeries, and in the winter of 18(38 an Act of Congress was passed, the conditions for permission to take seals being, however, reserved for future Congressional action. The coalition between Hutchinson and Morgan still fiontinued, and finally led to the organization of the powerful and wealthy Alaska Commercial Company. Since 1870 this Company has controlled the entire fur trade of Alaska, and by virtue of its alliances with the lessees of the Russian Seal Islands, controls the valuable fur-seal trade of the world. With strong politi'^al influence in the Congress of 1876, it obtained a lease of the Pribylov Islands for twenty years at a rental of 55,000 dollars a-year, and a royalty of 2 dol. 62 c. per skin, the take to be limited to 100,000 skins a-year. It is calculated that the Company pays annually 3 15,000 dollars to the United States' Treasury, which, after paying all the expenses of the Territory, yields more than 4 per cent, per annum on the purchase-money paid to Russia for Alaska. To preserve this revenue through future years the protection of the seals from illegal capture or disturbance on their annual visits to the islands has been deemed an absolute necessity, and hence the prohibition against approaching or landing on the islands and the vigilance of the United States' cruizers in the Behring's Sea. It is not, however, generally understood that the Alaska Company coritrols the fur trade of all the mainland and islands of Alaska lying west of the 141st meridian of west longitude, and that its operations over this vast extent of territory and coast are entirely distinct from, and have no connection with, its exclusive control of the Seal Islands, which it holds by virtue of its lease from the United States' Government. Outside of these islands it holds no exclusive rights or francliise from the Govern- ment, nor does it pay any rent or royalty to the Government on the territory it occupies or the furs it procures from the natives. It has no rights over any other citizen or company of citizens who may desire to trade in competition with it, and yet it has been aided by the Revenue Maiine in suppressing competition from rival traders, for it aj)|)ears that, under instructions from the Treasury Department, the Revenue cruizers board and examine every trading-vessel sighted in the Behring's Sea or on the north-west coast of Alaska, except the vessels of the Company. If a pretext can be found, an officer is placed on board with instructions to take the vessel to Ounalaska and discharge her cargo. She is then sent to San Francisco, where the United States' Marshal finds that there is no cause for condemnation, and, as the object of breaking up her voyage has been gained, she is released and restored to her owners. The vessels subjected to this treatment come from British Columbia and Japan, and are, it is said, fitted out for contraband trade. Washington, September 1886. 11 No. 5. Sir L. West to the Earl of Iddesleigh. — (Received October 4.) MyJLord, Washington, September 21, 188G. WITH reference to my preceding despatch, I liave the honour to inclose to your Lordship herewith copies of correspondence, as published in the newspapers, relative to the seizure of British sealers in Alaska waters. I have, &c. (Signed) L. S. SACKVILLE WEST. 5. Inclosure in No. 5. Extract from the " New York Herald " of September 21, 1886. The Bhitisu Sealers — Officers of some of the trespassing Schooners fixed AND imprisoned. Washington, September 20, 1886. ACTtNG SECRETARY FAIRCHFLD has received a telegram from Captain Abbey, commanding the Revenue steamer " Corwin," dated at Nanaimo, British Columbia, which is as follows : — " Respectfully report 'Corwin' here at request of Governor Swineford and Judjje Dawson. Have brought here tventy-two British seanren, released from seized sealers. Am to land remaining released American seamen at Port Townsend. Masters and mates of the seized craft have been convicted and sentenced to fines or imprisonment, or both. I made full depositions for libel suits before leaving Sitka," Despatches have been received at the Navy Department from Lieutenant-Commander Nichols, commanding the " Pinta," from Sitka, Alaska, relating to the seizure of the British sealers. Tn the despatch dated the 28th August he says: — " On the 24th instant the Revenue steamer ' Corwin ' came in, bringing the American vessel • San Diego,' of San Francisco, seized for catching seals unlawfully. She also reported the seizure of three English schooners for the same offence. The latter weie left at Ounalaska in charge of the United States' Deputy Marshal, the officers, crows, and cargoes being brought here. A large quantity of arms and ammunition was also seized. The matter comes up before the District Court here next 'veek, and it is probable that interesting international questions will come up, as well also as the jurisdiction of the United States over the entire seas in the Arctic and Behring's Seas east of the boundarv- hne." In a despatch dated the 2nd September he says that two of the cases have been disposed of as follows : — "The captain and mate of the British schooner 'Thornton' were tried by jury, found guilty, and sentenced each to imprisonment for thirty days and fined, the captain 500 dollars and ihe mute 300 dollars. The captain and mute of the American schooner 'San Diego' waived a jury, and were tried bctbre the Court. Both were found guilty and sentenced, the captain to two months' imprisonment, and the mate to one month's imprisonment. " The cases of the two other British schooners will come up in a day or two. The captain of one of them has disappeared, and, it is supposed, has committed suicide " From an inclosure in one of these despatches it is learned that the " Corwin," when conveying her prizes to port, sighted five other vessels, all doubtless engaged in uidawful sealing. They made sail with all possible haste as soon as the Revenue vessel was sighted, and the latter was unable to follow them without abandoning her prizes. [128J C 2 ill! !3 No. 6. Admiralty to Foreign Office. — {Received October II.) Sir, AdmiruUy, October 7, ISf^G. WITH reference to my letters of the 26th August and the 20tli September,* relative to the seizure of Biitish Columbian sealim; schooners, 1 am commanded by my Lords Commissioners of the Admiraily to transmit to you, for the perusal of the Secrclaiy <.<( Stale for Foreign AflFairs, copv of an Act to prevent the extermination of fur-biaiing animals in Alaska, together with copy of the lease of the United Stales to the Alaska Commercial Company to take fur-seals in the Territory of Alaska. A similar letter has been sent to the Colonial Office. I am, &c. (Signed) EVAN MACGREGOR. Inclosure I in No. 6. ' ' : ■i! I ■1; Public No. 120. An Act to prevent the Extermination of Fur-bearing Animals in Alaska. BE it enacted by the Senate and House of Represenlatives of the United States of America in Congress assembled that it shall be unlawful to kill any fur-seal upon the Islands of St. Paul and St. George, or in the waters adjacent thereto, except during the months of June, July, September, and October in each year, and it shall be unlawful to kill such seals at any time by the use of tire-arms, or use other means tending to drive the seals awav from said islands. Provided that the natives of said islands shall have the privilege of killing such younearcld at any season of the year except as above provided ; and it shall also be unlawful to kill any seal in the waters adjacent to the said islands, or on the beaches, clitfs, or rocks where they haul up from the sea to remain ; and any person who shall violate either of the provisions of this or the first section of this Act shall be punished on conviction thereof for each offence by a tine of not less tlian 200 dollars, nor more than 1,000 dollars, or by imprisonment not exceeding six months, or by such fine and imprisonment both at the discretion of the Court having jurisdiction, by taking cognizance of the offence ; and all vessels, *heir tackle, ap|)arel, and furniture, whose crew shall be found engaged in the violation of any of the provisions of this Act, shall be forfeited to the United States. See. M. And be it further enacted, that for the period of twenty years from and after the passage of this Act the number of fur-seals which may be killed for their skins upon the Island of St. Paul is herebv limited and restricted to 75,000 per annum ; and the number of fur-seals which may be killed for their skins upon the Island of St. George is hereby limited and restricted to 25,000 per aimuin. Provided that the Secretary of the Treasury may restrict and limit the right of killing if it shall become necessary fi,r the preservation of such seals, with such proportionate reduction of the rents reserved to the Government as shall be right and proper, and if any person shall knowingly violate either of the provisions of this section, he shall, upon due conviction thereof, he punished in the same way as provided herein for a violation of the provisions of the first and second sections of this Act. Sec. 4. And be it further enacted, that immediately upon the passage of this Art the Secretary of the Treasury shall lease, for the rental mentioned in section 6 of this Act, to proper and responsible parties, to the best advantage of the United States, having due regard to the interests of the Government, the native inhabitants, the parties heretofore engaged in trade, and the protection of the seal fisheries, for a term of twenty * See Inclosure 1 in No. I, and Inclosure 2 in No. 3. i ■ M yenrs from the Ist duy of Mftv, l?70, the right to engage in the hiisiness of tairesai(l for other terms of twenty years; but no person other than American citizens shall he permitted by lease or otherwise to occupy said islands or either of them, for the purpose of taking the skins of fur-seals therefrom, nor shall any foreign vessel be engaged in, taking such skins, and the Secretary of the Treasury shall vacate and declare any lease forfeited if the same be held or operated for the use, benefit, or advantage, directly or indirectly, of anv person or persons other than American citizens. Every lease shall contain a covenant on the part of the lessee that he will not keep, sell, furnish, give, or dispose of any distilled spirits or spirituous licpiors on either of the said islands to any of the natives thereof, such peison not biing a physician and furnishinji tht sanve for use as medicine: and any person who shall kill any iur-seal on either of the said islands, or in the waters adjacent thereto, without authority of the lessees thereof, and any person who shall molest, disturb, or interfere witii said lessees, or either of them, or their agents or employes, in the lawful prosecution of their business, under the provisions of this Act shall be deemed' guilty of a misdemeanour, and shall for each offence, on conviction thereof, be punished in the same way and by like penalties as prescribed in the 2nd section of this Act; and all vessels, their tackle, af)parel, appurtenances, and cargo, whose crews shall he found engaged in any violation of either of the provisions of this section, shall be forfeited to the United States ; and if any person or Company, under any lease herein authorized, shall knowingly kill, or permit to be killed, any number of seuls exceeding the number lor each island in tliis Act prescribed, such person or Company shall, in addition to the penalties and forfeitures aforesaid, also forfeit the whole number of the skins of seals killed in that year, or, in case the same have been disposed of, then said parties or Company shall forfeit the value of tlie same; and it shall be the duty of any Revenue officer, officially acting as such on either of said islands, to seize and destroy any distilled spirits or spirituous liquors found thereon, provided that such officer shall make detailed report of his doing so to the t.'oUector of the port. Sec. 6. And be it further enacted, that the annual rental to be reserved by said lea«e shall not be less than .50,U00 dollars per annum, to be secured by deposit of United States' bonds to that amouht, and in addition thereto a revenue tax as duty of 2 dollars is hereby laid upon each fur-seal skin taken and shipped from said islands during the continuance of such lease to be paid into the Tivasury of the United Stales; and the ^Secretary of the Treasury is hereby en)|)Owered and authorized to make all needful Rule* and Regulations for the collection and payment of the same, lor the comfort, maintenance, education, ami proiection of the natives of said islands, and also for carrying into full effect all the pro- visions of this Act. Provided, further, that the Secretary of the Treasury may ter.niuafc any lease (jjven to any person. Company, or Corporation on full and satisfactory proof of the violation of any of the provisions of this Act, or the Rules and Regulati{!fns established by him. Provided, further, that the Secretary of the Treasury is hereby authorized to deliver to the owners the fur-seal skins now stored on the islands, on the "payment of 1 dollar for each of said skins taken and shipped away by said owners. Sec. 7. And be it further enacted, that the provisions of the 7th and 8th sections of " An Act to extend the Laws of the United States relating to Customs, Commerce, and Navigation over the Territory ceded to the United States by Russia, to establish a Collection District thereon, and for other purposes," approved 27th July, 18G8, shall l)e deemed to apply to this Act, and all prosecutions for offences committed against the provisions of this Act, and all other proceedings had bectiuse of the violations of the provisions of thib Act, and which are authorized by said Act above meationed, shall be in I 14 accordance with the provigions thereof, and all Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. Sec. 8. And be it further enacted, that the Congress may at any time hereafter alter, amend, or repeal this Act. Approved Ist July, 1870. Inclosurc 2 in No. 6. A/r. Boutwell to Mr. Phelps, April 19, 1872. [See Inclosure 6 in No. 3.] Inclosure 3 in No. 6. Lease of the United States to the Alaska Commercial Company to take Fur Seals in the Territory of Alaska. THIS indenture, in duplicate, made this 3rd day of August, a.d. 1870, by and between William A. Richardson, Acting Secretary of the Treasury, in pursuance of an Act of Congress, approved the 1st July, 1870, entitled "An Act to prevent the Extermination of Fur-bearing Animals in Alaska," and the Alaska Commercial Company, a Corporation duly established under the laws of the State of California, acting by John F. JVliller, its President and Agent, in accordance with a Resolution of said Corporation duly adopted at a meeting of its Board of Trustees, held the 31st January, 1870, Witnesseth : — That the said Secretary hereby leases to the said Alaska Commercial Company, without power of transfer, for the term of twenty years from the 1st day of May, 1870, the right to engage in the business of taking fur-seals on the Islands of St. George and St. Paul, within the Territory of Alaska, and to send a vessel or vessels to said islands for the sknis o\ such seals. And the said Alaska Commercial Company, in consideration of their right under this lease, hereby covenant and agree to pay lor each year during said term, and in proportion during any part thereof, the sum of .05,000 dollars into the Treasury of the United States, in accordance with the Regulations of the Secretary, to be made for this purpose under said Act, which payment shall be secured by deposit of United States' bonds to that amount, and also covenant and agree to pay annually into the Treasury of the United States, under said Rules and Regulations, a revenue tax or duty of 2 dollars upon each fur-seal skin taken and shipped by them, in accordance with the provisions of the Act aforesaid, and also the sum of 6:i^ cents for each fur-seal skin taken and shipped, an^ 55 cents per gallon for each gallon of oil obtained from said seals for sale on said islands or elsewhere, and sold by said Company ; and also covenant and agree, in accordance with said Rules and Regulations, to furnish free of charge the inhabitants of the Islands of St. Paul and St. George annually during said term 2;'). 000 dried salmon, iiO cords fire-wood, a suilicient quantity of salt and a sufficient number of barrels for preserving the necessary supply of meat. And the said lessees also hereby covenant and agree during the term aforesaid to maintain a school on each island, in aeccrdance with said Rules and Regulations, and suitable for the education of the natives of said islands, for a period of not less than eight months in each year. And the said lessees further covenant and agree not to kill upon said Island of St. Paul more than 75,000 fur-seals, and upon the Island of St. George not more than •jr),U00 fur-seals, per annum ; not to kill any fur-seal upon the islands aforesaid ia any otlur month except the months of June, July, September, and October of each year; not to kill such seals at any time by the use of fire-arn)S or other means tending to drive the seals from said islands ; not to kill any female seal or any seal less than one year old ; not to kill any seal in the waters adjacent to said islands, or on the beaches, cliU's, or rocks where they haul up from the sea to remain. And the said lessees further covenant and agree to abide by any restriction or limitation upon the rights to kill seals under this lea«ie that the Act prescribes, or that the Secretary o( the Treasury shall judge necessary for the preservation of such seals. ■y •I ■I M 15 And tlie said lessees hereby aj^ree that they will not in any way sell, transfer, or assign this lease, and that any triinsCor, sale, or ussigninent of the same shall be void or ot no effect. And the said lesaces further covenant and agree to furnish to the several musters of the vessels employed by tliem certilied copies of this lease to be presented to tlie Government Revenue officers for the time being in charge of said islands, as the authority of said lessees for the landin)? and iking said skins. And the said lessees further covenant and agree that they or their agents shall not keep, sell, furnish, give, or dispose of any distilled spirits or spirituous liquors on either of the said islands to any of the natives thereof, such person not being u phvsiciuti furnisiiing the same for use as medicine. And tlie said lessees further covenant and agree that this lease ia accepted subject to all needful Rules and Regulations which shall at any time or times hereafter be mndc by tlie Secretary of the Treasury for the collection and payment of the rentals herein agreed to be paid by said lessees, for the comfort, maintenance, education, and ])rott'Ction of the natives of said islands, and for carrying into effect all the provisions of the Act aforesaid, and will abide by and conform to said Rules and Regulations. And the said lessees, accepting this lease with a full knowledge of the provisions of the aforesaid Act of Congress, further covenant and agree that they will fulfil all the provisions, requirements, and limitations of said Act, whether heroin specifically set out or not. In witness whereof, the parties aforesaid have hereunto set their hands and seals the day and year above written. WILLIAM A. RICHARDSON, Actiwj Secretary to the Treasury. ; JNO. F. MILLER, President Alaska Commercial Company. Executed in presence of — (Signed) J. H. Saville. I certify the foregoing printed copy of the lease of the United States to the Alaska Commercial Company of the right to take fur-seals in the Territory of Alaska has betu compared with the original on file in this Department, and is a true copy thereof. (Signed) J. H. SAVILLE, Chief Clerk, Treasury Department. Washington, September 3, 1870, office. State of California, City and County of San Francisco, Collector's Office, Custom-house, December 23, 1885. I hereby certify the foregoing to be correct copies of original documents ou file at this State of California, City and County of San Francisco. John T. Fogarty, being duly sworn, deposes and says that the foregoing are true and correct copies of original documents on file in the office of the Collector of Customs of the port of San Francisco, that he has compared the foregoing with said originals, and knows them to be correct copies to his own knowledge. (Signed) JOHN T. FOGARTY. Subscribed and sworn to before me this 23rQ day of December, 1885. (Signed) John E. Hamill, Notary Public. No. 7. Colonial Office to Foreign Office. — {Received October 16.) Sif, .. > ' ■ Dotnning Street, Octobet 16, \886, WITH referetttSe to the letter firom this Department of the 25th ultimo, respecting tfce seieare of certain Cainadiao scaling schooners in Behritig's Sea, I aila directed by ■f^ te: Mr. Secretary Stanhope to transmit to you, to be laid before the Earl of Iddcslcinh, copicii ot three despatches from the Utticer adniiuistcring titc Guverninenluf Canada uii the stilijcct. Mr. Stanhope would be ^jlad to lie informed whether Lord (ddesleigh has directed aay uctiou to be taken uu the letter above referred to. I iim, &c. (Signed) U. H. MEADE. m Inrdosure I in No. 7. Administrator Lord A. E. Ruxsell to Mr. Stanhope. Sir, Halifax, Nova Scotia, September 27, 1886. I HAVE the honour to forward herewith, for transmission to the Foreign OHice, a copy of an a[);>roved Report of a Committee of the F^rivy Council, submitting depositions from some of the officers and men of the Canadian schooners "Onward," "Thornton," niui " Carol iiui," relative to the seizure of those vessels in liehring's Sea by the United States' Revemie cutter "Corwin," and their subsctiuent detention attheportof Ounalaska, in the Territory of Alaska. 2. You will observe from the accompanying papers thnt it appears that the schooners n>cntioned are Canadian vessels, fitted out in Victoria, British Columbia, for the ca|)ture of seals in the waters of the Northern Pacitic Ocean a<\jacent to Vancouver Island, Queen Charlotte Islands, and Alaska, and that at the time of their seizure by the " Corwin " on the 1st August last they were taking seal? in the open sea at a distance cf more tiiun (iU miles from land. 3. .My Minister of Marine and Fisheries has taken steps to get further depositions from the owners, masters, and crews of the above-mentioned vesgels in orfler that a claim may be nm;le upon the United States' Government for damages lor the unwarranted SL-izuie of British vessels on the high sea. 4. I have conm)unicated a copy of this Order in Coiiucll, with the accomimnying papers, to Her Majesty's Minister at Washington. I have, &c. I ? Inclosure 2 in No. 7. Report of a Committee of the Honourable the Privy Council for Canada, approver! by his K.rrnllency Ike 4f/'"""s'''a'8'' of the Government in Council, on the lirU September, 188G. ON' a Report dated the 18th September, 1886, from the Minister of Marine and Fisheries, submittin;; the accompanying papers relative to the seizure of the Canadian schooners " Onward," " Thornton," and " Ccirolina," in Behring's Se,i, by the United States' Revenue cutter " Corwin," and their subsequent detention at the port of Ounalaska, in the Territory of Alaska — 1 . Copy of a letter from James Qgilvie, master of the Canadian sealing schooner " Carolina ;" 2. Copy of a letter from Daniel Munroe, master of the Canadian sealing schooner " Onward ;"" ."!. Deposition of John Dallas, seaman on iioard the "Thornton;" of Thomas .McLardy, cook on board the "Carolina;" of Edward Shields, seaman on board the "Carolina;" and of William Munsie, owner of the " Carolina;" all of the Province of liritish Columbia : The Ministei* observes that from these papers it appears that the schooners mentioned Hre Canadian vessels fitted out in Victorin, British Columbia, for the capture of seals in the waters of the Northern Pacific Ocean, adjacent to Vancouver Island, Queen Chiirlotte's Islands, and Alaska; that at the time ot their seizure by the "Corwin" they were taking seals in the open sea out of sight of land, the " Carolina" in latitude 30° 50' north, longitude 1GS° .53' west; the "Onward" in latitude 54° 52' north, longitude 1 07° 5a' west ; and the " Thornton " in about the same latitude and longitude ; and all of them at a distance of more than 60 miles from the nearest land ; that they were taken possession of by the United States' cutter on the 1st August, IStiti, and towed to the port "H 17 of Ounalaska, where they are still detained. The crews of the " Thornton " and '• Carohna," witli the exception of the captain and one man on eacii vessel detained at Ounalaska, were sent by tlie steamer " St. Puul " to Sun Francisco, California, and then turned adrift, while the crew of the " Onward " was kept ut Ounalaska. At the lime of their seizure tiio " Thornton " hud ^04 seal-skins on board, the "Onward 900, and the "Carolina" 080, and tliesc are detained and kept at Ounalaska W. ulonp with the schooners bv the United States' authorities. The Minister states that he has takc.i steps to get further depositions from the owners, masters, and crews of the vessels above mentioned, in order that a claim may be made upon the United States' Government for damaijes for this unwarranted seizure of British vessels in the open sea. The Committee recommend that your I'^xcellency be moved to transmit a copy of this Minute, if approved, together witli copies of the papers herein mentioned, to the Right Houourulde the Principal Secretary of State fur the Colonies, for transmission to the Foreign Office, and also copies to Her Majesty's Minister at Washington, All of which is respectfully submitted for your Excellency's approval. (Signed) JOHN J. McGEE, Clerk, Privy Council, Canada. Inclosure 3 in No. 7. Mr. Ogllvie to Mr, Miinsie, Augiixt 0, 188G. [See Inclosure 5 in No. 3.] Inclosure 4 in No. 7. . . Mr. D. Munroe to Mr. C. Spring. ' ' Schooner " Onward," ut Port Ilioluk, Ounalaska, Dear Sir, Augusi 1, 1836. ON the 2nd, while the " Onward " was in latitude 54 .'52' north, lonj^itude 167 55' west, and about 70 miles from the nearest land, the United States' Revenue cutter " Corwin," having the schooners '-Thornton " and " Carolina" in tow, boarded us, and sent a crew on board and towed us in iiere, where we are lying at jiresent with sails bent and seals on board, and a watchman in charge, but cannot find out what they intend to do with us, so I cannot say any more about it at present. I rnet the " Favourite" on the 28th. Captain M'Lean was on board of us ; we gave him 508 skins, and they had 1,290 they took themselves, making them about 1,800 total, and as we were in sight of each other until the night of the 1st instant he must have made a good catch, for we have 400 skins on board at present that we took in four days, and I am positive his crowd could take twice that number, as we have not got the best of sealers. I believe all the schooners did well, and I trust they will get away all right. There is no cutter out at present, as there is only two of them up here- — one of them up in the Arctic, and the other that brought us here is still watching us here. We may find out to-day how they are going to dispose of us, but I am in hopes they made false steps, and that they can do nothing more than spoil the season. They took the schooner "San Diego " in here about a month ago, and took the skins out of her and unbent her sails, and put everything ashore, and they are sending the crew to San Francisco to-day in one of the Fur Company's steamers, the " St. Paul." Later on: Have heard nothing more, only the crews of the "Thornton" and " Carolina " are going to San Francisco to-day [? by] the steamer " St. Paul,'' except the captain and one man of each, but they took none of our crew. There are rumours afloat that the three schooners are to be laid up here all winter, and that we are going to be taken to Sitka, but no certainty. I wrote you this morning as the boat was leaving the wharf, thinking that she was going away, but she came to anchor in the Roads, and I do not think I finished it. I was afraid of being late. • We sent a protest on board the cutter against the action of the authorities in seizing the vessel on the high seas, but I do not know if it will amount to much. Tliere is no Notary Public • here [128] D ■1^ 18 toaign it. 1 have nothing more to write to you, trusting things will turn out better than wi exj^ect.. I remain, &c. (Signed) DANL. MUNROB. Inc!o8ure 5 in No. 7. Declarations of John Dalian, William Munsie, Thomas McLardy, and Edieard Shields. [See Inclosure 10 in No. 3.] Inclosure 6 in No. 7. Administrator Lord A. E. RuattU to Mr. iilHnhope, Septnnher 37, ISS6. [Substance of telegram of September 22. Sec Inclosure I in No. 3.] Inclosure 7 in No. 7. Administrator Lord A. E. Russell to Mr. Stanhope. My Lord, Halifax, Nova Scotia, Sfptemher 27, I8S6. I HAVE the honour to inclose herewith ii copy of an approved Minute of my Privy Council, to which is appended a Report by my Minister of .Murine iind Fisheries, upon which my telegram of the 22nd instant was founded, relative to the seizures of the Canadian schooners "Thornton," "Onward," and "Carolina" while enijagcd in the peaceable pursuit of their lawful occupation on the high seas. 2. It will be seen from this Report that the masters and mates of the above-mentioned vessels have been tried before the United States' District Court at Sitka, in Alaska, and sentences of imprisonment, in addition to heavy tines, imposed upon them, while their property has been subjected to forfeiture. 3. My Mioisturs are of opinion that the action of the United States' authorities with respect to these vessels is indelensible, and that immediate reparation should be demanded from the Govenimeut of thftt coantry therefor. I have, &o. Inclosure 8 in No. 7. Rtffirt of a Committee of the Honourable the Privy Council, approved by his Excellency the Administrator of the Governimtit in Council, on the 24th September, 1886. THE Committee of the Privy Council have had before them the annexed Report from the Minister of Marine and Fisheries with rel'erence to the case of the Canadian schooners " Thornton," " Onward," and " Ci-it«:iiiM," seized on the 1st August last by the United' States' authorities in Behring's Sea. The Committee concur in the said Report, and they advise that the same be carried' out. All which is respectfully submitted for your ExceHenc3''8 approval. (Signed) JOHN J. McGEE, Clerk, Privy Council. I .-.'if Inclosure 9 in No. 7. Report.. IN'refereace to a Report of Council, under date the 23rd September, referring to tli£ case of. the Canadian schooners "Thornton," "Onward," and " Carolina," seized on the Ifit Augurt by the United States' authorities in Behring's Sea^, the Undersigned has the, honour to lay before Council the foUowing additional information.. setter than INROB. Shivldg. 7, 18S0. ' my Privy lies, upon res of the cd in the mentioned ilaska, and while their jrities witlj demanded cellency the i6. leport from t schooners the United' ! be carried' EE, Council. It is stated in effect in " The AiuHkan," a newspaper publiahcd at Sitka, in th<; Territory "f Aia«ircvent an that arm of are the same escjue in the ; just beyond : mouth and ainland, und be a closed |f the vessels can vessels, lese waters, this in the :ion to give ticcient and icy to be it, but that settlement nothing but 1 a renewal aiico to the r elsewhere, of all our tR ' ' ' Situated in the waters of Alaska, latitude 57° nortli, longitude 170* west, is the Pribylov group of islands, belonging to the United States. Tliese islands, which are occupied every year from May to October by a large number of fur-seals for the purpose of breeding, have been leased to an American Company, under stringent conditions, which restrict tlicin from killing more than 100,000 young males per annum, and strictly prohibit them from killing any female seals whatever. The fur-seal being a polygamous animal, the annual increase is not aifected by the killicg of this limited number of young males ; and it has been found that the wise nursing by these means of this very important fishery has not only resulted in the jireservation of the seals during the past sixteen years, but has also given an ample supply of skins for purposes of trade. During the last few seasons, hcsvever, lishing-vesscls have been fitted out from ports in British Columbia and the United States, and have been engaged in the wholesale slaughter of female seals, which, during the breeding season, swarm in the waters round the islands for a considerable distance out to sea. Last summer several of the Dominion vessels were seized by the United States' cutter, and it is stated that a case is being prepared by the Doii'.inion Government, for presentation to the United States' Government, disputing tlie legality of the said captures. Should Great Britain deny the right of tlie United States' Govuniment to protect the fishery in an efi'ectual manner, there can be no doubt that the Alaska fur-seals, which furnish by far the most important part of the world's supply of seal-skins, will be exterminated in a very lev yerrs, just as in the South Atlantic the Siietland and Georgia fur-seals, which used to furnish even finer jielts than the Alaskas, have already been. It is evident, therefore, that the benefit derived by the Dominion fishing-vessels from the slaughter of tliese female seals will be short-lived. We wdiild iic'^t point out that the 100,000 skins, the annual produce of the islands (worth .'J.^O.OOO.' at present prices), have been shipped to us for sale and manufacture in London foi- sixteen years past, thus affording in this city employment for a lurje amount of capital and means of subsistence to some 10,000 people, many of whom arc skilled workmen earning wages up to 3/. per week. We need, therefore, hardly suggest that it would be a shortsighted and disastrous policy to allow such an industry to be destroyed, especially at a time when so much distress is already prevalent among the working classes. We therefore earnestly trust the British Government will, after verifying the above facts, see its way to give its friendly support to the United States in the exercise of their right to protect and preserve an article of commerce equally afltcting the interests of both countries. We have telegraphed to New York ibr the " Monograph of the Seal Islands,'' by Professor Elliott, which fully describes the seal life upon the islands. When we have received the book we shall have the pleasure of handing it to your Lordship. We are, &c. (Signed) C. M. LAMPSON and Co, No. 15. 12, 1886. Jovcrnment and of the ted States' (turing fur* Cnloniul Ojflif to Foreiyn Office. — (Recehed November 16.) Sir, Downiiiy Utreel, 2\ovember 10, 1830. WITH reference to previous correspondence, 1 am directed by Mr. Secretary Stanhope to transmit to you, to be laid before tlie Earl of Iddesleigh, a telegram which has been received from the Governor-General of Canada respecting the iVhiska seizures; and I am to request to be informed of the answer which should be returned to J^ord Lansdowne's inquiry. I am, &C. (Signed) JOHN BRAMSTON. [128] 1! Inclosure in No. 16. The Marquis of Lansdowne to Mr. Stunhopc. (Telegraphic.) Ottawa, November 14. 1886. ALASKA siei/uie!<. Has any answer bucn received to representations? Papets will be sent you proving tliat the case is one of great, hardship, and that a total disresjard oC international rights has been shown by the action o( the United States. We believe the rnasters of the vessels ad- still in prison. No. It). The Earl of Idfle.sleigh to Sir L. iVest. Sir, Foreign Office, November 18, 1886. I HAVI] to inform you that inquiry has been made by tiie Government of Canada as to what reply has been received from the Government of the United States to the representations which, as reported in your telegram of the 21st October, yoti hitd made to them in I'egard to the seizure of tlu'ce schooners from British Columbia by the Uhited States' (Revenue cruizer "Corwin" in Bchring's Sea. Lord Lansdf)wne reports tiiat it is believed that the captains of these vessels are still in prison, and that documents will be sent to tliis country proving that the case is oiiO of great liardsiiij], and that a total disregard of international rights has been shown in the action of the authorities of tlie United States. I have, in consequence, sent you a telegram this day requesting you to report how this case now stands. I am, &c. (Signed) IDDESLEIGH. No.. 17. Sir L. H'csl to th" Earl of tddesleigh. — {Received by telegraph, November 19.) My Lord, Washington, November 19, 1886. UPON the receipt of your Lordship's telegram of yesterday's date I sought an interview with the Secretary of State, and asked him whether he had received the official Report of the proceedings of the Court at Sitka (Alaska) against the British vessels seized in Behring's Sea. Mr. Bayard replied in the negative, and said that he ha Sea tjsheries are e.xposcd to scizuro. 'r|iey !-ee|< assiiranee thi.t no seizures of British vessels wjj( be made {leyond territorial watq-.s of .)laska pending settlement of question. No. 21. Sir I.. West to the Earl of Iddesleigh. — {Received December 2^.) (Pxtriict.) ^ Washington, December 10, 188^. I IIA\ K tlie honour to aeknowIiMlgo the receipt ot your Lordship*s telegram of the ijth inst'int, and to inclose lo your Lordship herewith copy of a note whfch I addressed til the .''•'ecretarv of State in the sense of it. [128] '<'-'.' ; 6 I 96 Inclosure in No. 2 1 . Sir L, West to Mr. Bayard. Sir, Waahiiujton, December 7, 1B86. REFERRING to your note of tiiel2th ultimo on the subject ot'tlio seizure of British vessels iu the JJeliring's Sea, and promising to convey to nic as soon as possible the facts as ascertained in the trial and the rulini^s of law as applied by the Court, 1 have the honour to state that vessels are now as usual ecjuipping in British Ci)lunibia for fishing in that sea. The Canadian (iovornnient, therefore, in the ahM!iie(! of information, are desirous of ascertaining whether such vessels fishing in the open seas and beyond the territorial waters of Alaska would be exposed to seizure, and Her Aliijesty's Government at the same time would be glad if some assurance could be given that, pending the settlement of the question, no such seizures of British vessels will be made in Behring'si Sea. I have, &c. (Signed) L. S. SACKVILLE WKST. Fo. 22. Colonial Office to Foreign Office, — {Received January 5.) Sii, Downing Street, January 4, 1887. WITH reference to previous correspondence respecting the seizure by the United States' Revenue-steamer "Corwin" of certain Canadian schooners engaged in the seal fishery in Behring's Sea, I am directed by Mr. Secretary Stanhope to transmit to you, 'or such further action in the matter as the Earl of Iddesleigh may think proper, a copy of n despatch from the Governor-General of Canada, inclosing copy of an approved Report of his Privy Council, explaining the views of the Dominion Government in the matter. Mr. Slaidiope would be glad to receive a copy of any communication which Lord Iddesleigh may address to the United States' Government in consequence of this further representation from the Government of Canada on the subject. i am, &c. (Signed) JOHN BRAMSTON. :»! I Inclosure 1 in No. 22. The Murquin of Lansduwiii' lo Mr, Slanliopi; Sir, Government House, Ottawa, November 27, 1886. I HAVE the honour to inelose hon!W ith copy of an approved Jlej)ort of my Privy Council dealing with the i-cjceut seizure of the Canadian sehoonors "Caroline," "Onward," and " Thornton '' by the United States' Revenue steamer "Corwin " Avhile fishing for seals in Behring's Sea. The statements contained in the Report are siilUcient to establish that the claim now put forward on the part of the United States to the sole riiflit of taking fur- bearing animals within the limits laid down in the 1st Artieh' of the Treaty of 1807 is inconsistent with the riiihts secured to (ireat Britain under the Convention of 1825, and is in substance the same as that which, when advanced by tbe Russian Govern- ment on (litl'erent occasions prior to tin* cession of Alaska by Russia to the United States, v.as either strenuously resisted or treated with ridicule and ccmtempt by the Gover.mient of the latter Power. It is iinpossibh? to believe that, when by the Ce.ivention of 1825 it was agreed that the subjects of Great Britain, as inie of the Contracting I'arties, should not be " troubled or molested in any part of the ocean commonly called the Pacific Ocean, either in navigating the .sjime or in fishiny' therein," any reservati(ni was intended with regard to that j)art of the Paeilic Ocean known as Behring's Sea. The whole coui-se of the negotiations by which this Convention and that betiween Russia and the United States of the same year w(>r<^ ])reee(led— negotiations which, as j)ointed out in the Report, aro.ie out of conflicting claims to these very waters -points to the contrary conclusion. It would, indeed, be difficult to condemn the present pretensions of the » r1, 1886. re of British l)lc the facts , I linve the or tishing in mation, are hcyoml the Government pending the in Beliring'v i WEST. / 4, 1887. the United 1 in the seal mit to you, Dper, a copy n approved ment in the which Lord this lurther .MSTOJf. 27, 1880. )f mv Privv " CiU'oIine,'" win " while it tho claim takius^ I'ur- y of 18G7 is on of 1825, iaii Govcrn- th(! United nipt by the was agreed juld not b»i 3itic Ocean, tended witli le course of the United out in the he contrary 3ioris of the United States' authorities in languiigi' more eonviiieiny; or cmpliatie tiian that whieli. whih' tiiose negotiations were in progress, was used by Mr. MicUlieton, then Russian Minister at St. I'etersburgh, in liis Memoraiulum dated the 1.3th December, 182.3. ( Fjrfe American State i'apers, Foreign Rehitions, vol. v. No. .'JHt.) It is laid down in that Memorandum tiiat " tlie existence ol" territorial rights to the distance of 100 miles from the coasts upon two opi)osite continents, and the proliil)iti()n of apin'oaeliing to tiie same distaiu'c from tiiese coasts or horn those of all tlie intervening islands, are innovations in the lawof nations and measures unexami)h.'d. It must tints be imngined that Ibis ))roliibiti<>n, bearing the |iaiiis of eontiseation, applies to a long line' of coasts witli tlie interMiediat<' islands, situate in vast seas wlit^re the navigation is subject to iniuuiierai)h' and unknown (lillieuUies, and where the chief employment, which is the whale lishery, cannot be compatible with a regulated and well-determined course." Mr. Middh'ton added that: '" Universal usage, which has obtained the force of law, has established for all the coasts an accessory limit of a moderatt! distance, which is sufficient for the security of tlie country and for the commerce of its inhabitants, but which lays no r<>straint upon the universal rights of nations, nor upon the freedom of commerce and navigjition." Under the Treaty of 18(17 Hussia ceded to tin; Unit(«l States "all the rights, franchises, and privih'ges " then belonging to her in the territory or dominion included within the limits described {ride Article VI), but could not (lede a right which, in the express terms of the 'freaty of 1^25. Mas recognized as belonging to th(! subjects of the British Urown as well as to those of Kussia. This is, as far as 1 have be<'n able to ascertain, the first occasion upon which claims of the kind now advanced have been enforced. Sealing.vtter, of wliicii I inclose a copy, addressed by Mr. William Munsie, of Victoria, Britisli Colunii)iii, to my Minister of Marino and Eisheries, shows bow serious will be tlie effect of this interl('i(Mie(.' upon a well-establishei's Scm; as American waters, and also a desjiatcli, dated tjie :;((fh Auf,'iist last, j'roiii the Licminaiit-tiuveniDr ol .|irilisli Culiiinhia, advisiiifj of tjio sfi/inv of the (Jaiiadiaii schooners "Caroliiic" and " Thornton." by the United States' WcvcMne steamer •' Corwin," while entjai^ed in sralin;^ in JJchring's Sea. .\)si> oopj of a h^tler irom l)aniei .Miinroi;, niasier of t|ie Canadian scaling sehooner •'Onward," wlucii h.is ixni already i'orwanli'd by his jixecllcnc-- the tiovei aor.Ci1. and ordermg publication of the same (B of Appendix). ;}. 'jlie Uevised Statutes of the United States, the ISlKJth Section of which prohibjts theJ^Killi;>!A' of fur-bearing animals within liie limits of Alaska Territory, or in tlie waters thereof, and Sections lUdi' and lU(il of which ])rohihit the killing of male seals, cxcej)t at cer)-ain times, and uni|er ('(M'tain rcsi fictions, and of I'emali! seals at any time, )ipou the Islands of St. j'anl and St. (ieorge, or in tlic waters adjacent thereto. 'J'JM' master and maU; of the sclmone;- "Thornton" were subsc(iuently (the ;).(}th An^i'iist last) )n'oug)it for trial before Jud:;e pawson, in the United States' pistrict Court at Sitka. T')ie evidence given by the ollicers of the United States' llcvenuo cutter " Corwin" was |o the cll'eet )liat the " ThoiiUon "' was seizecl wliile in |k'hring's Sea, about CO or 70 nijlfs sout|i-south-cast of St. (ieorge's jslancj, for the oirence of hunting and kiljing sea|s wilhin that pavt of ]ie)iring's Sea Avhicli was ce(Jed to th(> Unite4 States by ^i^ssja in JS(i7. 'J?he .Judge in his charge to the jury qiu^ted tjie fst Article of the Treaty of the 30th ]\lareli, 1807, between llussia and the Uniteij States, jn which tjie boundary of Alaska is ftefined as follows : — "'I'he western Hniit, witjijn which fhc territories an4 dominion conveyed are (Contained, passes through a [loinf in Beliring's Straits on the parallel of 05° 30' nortji latitude, at its interscctioji by the meridian which passes midway between the ^sland qi' ^'.usenstern or Iguahxdc and the Islancj. of Itatmanolf or Noonarbook, and proceeds fine nort)i, without limitation, into t]n' sann; Frozen Ocean. The same western limit, |ieginning al the same initial point, proceeds then in a straight course nearly south- west fhrough Beliring's Straits and J5ehring's Scni, so as to pass mjdway between the noi'th-Avest point of the Island of St. Uawrence and th<' south-east point of Cape C|ioukol' ki, to the meridian o!'17::'" we^t longitude, thence^ from tlii' iatersection of that meridian in a south-westerly direction, so as to pass midway between the Island of Atton and the Copper island of the Jvorinandorski cou])let or group, in the North Pacific (Jcean, to the meridian of 103" west longitude, so as to include in the territory convey ( d ilie \\liole of the Aleutian Islands east of that meridian." Executive Docunu nts. 2nd Session. tOth Congress, vol. xiii, document 177. The dudge is reported to have gone on to say: — '■ All the waters Avithin the boundary set forth in this Treaty to the western end of the Aleutian Archipel-igo and chain of island, are to be considered as comprised within the waters of Alaska, and all the penalties prescribed by law against the jfilling of fur-b<'aring animals, must therefore attach agaiiist any violatioi^ of law witlun t)ie |imjt« before descri|)ed. '- , - ■ , SI "If, thiToforc, tlio jury h(>li<'V(' from the cvidcfiico that tho dofcndnnfs did b^ theinsclvi''* or in conjiiiiction with otiicrs, oil or about the timo ehurRcd in the iiiformatioii, kill iiiiy odcr. mink, miii-fin. sablo, or fiir-soHl, or otliiT fur-bcarlnj' animal or animals, on tlic shores of Alaska, or in the Mchrini^'s Sea, cast oC the i'Mf of •Wfst lonicretary of State, wrot(> on the 25th of the same mouth to M. .ie I'oletiea. the Russian Minister Pleni])otentiary, expressing the surprise of the Rresid(Mii of flie United States at tlie assertion of a territorial claim by IJussia expending to the .')lst degree of north latitude on this continent; stating that the exelusiou of American vessels from (lu; shore bevond the ordinarv distance to wlucli the temtorial jurisdiction extends had excited still greater surprise; and requesting an (explanation of the grounds of right, upon ])rinci)tlcs generally recognized by the laws and usages of nations, which conhl warrant such claims. M. de Poletica, in a despatch dated the lOtli (28th) 1\ fuM-iy, 1882, defends the prohibition as designed to suppress the furnishing by foreigners of arms and ammu- nition to the nativ(,>s of llussian America. He adds, however: — "The extent of sea of which those possessions form the limits comi)rehcii(ls all the conditions which are ordinarily attached to shut seas (' mers fcrmces '), and the Russian ( iovernment might, consequently, judge itself authorized to exercise upon this sea the right of soveneignty, and esjxvially that of entirely interdicting tin; entrance of foreigners. Eut it ))relerred only assei'ting its essiMitial rights, without taking any advantage of localities." Mr. Adams deemed it a suilicieiit answer to this claim to point out the fact that the " distance from shore to shore on this sea in latitude TjI"^ norths is not less than 90° of longitude, or t,0()0 miles." (State tapers, Tol. I'x, p. 471 et seq.) A Avriter in tlu; " North American i?eview," in an articl(> published a few months later, says, with respect to Mr. Adams' answer, "A volume on the subject could not have placed the absurility of the pretensions more glaringly before us." (" North American Eeview," vol. xv, p. 389.) r r 32 The position wns roliiuiuiNlx'd hy UiiMiiia after mucli nof^otintion and correspon- dence (sec American State Papers, I'nreitcn Itelations, vol. v, p. t32), and on tiie 17th April, 1H21, a Convonticn, was c(.iieliidcd between the United States and tiiat country wiiicli was ratified at Washini^ton on the 12th January, 1825, and of which the 1st Article is as follows : — '•1. [t is aj^reed that in any part ol' the ^rcat ocean, commonly called the J'aeillc Ocvan, or Soutli Sea, the respetrtive citizens or subjects of the High Contraetinjf Powers sliall i)e neither disturbed nor restrained, eitiier in navigation or in lisiiinsj, or ill t lie power of resorting to tlic coasts upon points win'ch may not already iiavo l)een occupied for the jiurpose of trading with the natives, saving always the restrictions and c(mditiou8 determined by the following Articles." (State Papers, vol. xii, p. 595.) The conditions and restrictions relate chiefly to the prevention of illicnf trade in 8j)irituous licjuors, fire-arms, &e. Negotiations l)etween Great Britain und Itussia on the subject of the same Ukase, and the prohibition above referred to, resulted in n 'I'reaty between tlu; two Powers, concluded on the Kith (28tb) February, 1825, ami containing the following provision, in which the right of fishing and navigation by (ireat Britain in any part of the Pacific Ocean is recognized : — " It is agreed that the respective subjects of the lligb Contracting Parties shall not be troubled or molested in any part of the ocean commonly called the Pacific Ocean, either in navigating the same, in fishing therein, or in landing at such parts of the coast as sliall not have been already uecu))ied, in order to trade with the natives, under (he icstrictions and conditions specified in the following Articles." (State Papers, vol. xii, p. 38.) So far as the Sub-Committee are aware, the claim was uevei- revived until it is now for the first time put forward by the I'liived States. It does not ajjpear netressary to insist at any great length that the conditions attaching to maria vliiu.iit cannot by any possibility be predicated of Bchring's Sea, and that the seizure of Canadian vessels at a distance of over 100 miles from th "inland and 70 miles from the nearest island constitutes a high-liandcd exten.sion ritime jurisdiction unprecedented in the law of nations, but the Sub-Commi nuot conclude without inviting the earnest attention of llcr Majesty's Government to the fact that Canadian citizens seized wJ'ile engaged in the pursuit of their lawful vocation upon the high seas, and more than 70 miles from the nearest laiul, have been dragged before a fori'ign Court, their property confiscated, and themselves thrown into prison, where they still remain. The Sub-Committee express their confident hope that such representations will be at onct; made to the United States' Government as will secure the immediate release of the imi)risoued men, and full reparation for all losses and damage sustained by them. The Committee concur in the foregoing Report, and they advise that your Excellency l)e moved to transmit a copy of this Minute, if approved, to the Right Honoiu-able the Secretary of State for the Colonies and to Her Majesty's Minister at Washington. All which is respectfully submitted for your Excellency's approval. (Signed) JOHN J. McGEE, Clerk, Privy Council, Canada. .\ppeiidix (A). Mr. H. /•". Fieiirli, Adiwj Seintary, 'I'reasuri/ DcpartiHeut, to Mr. 1), A. D'Aneonu, 717, O'Furrdl tStreet, S'lii Frawisco, California, March 12, 1886. [See Inclosure 7 in No. 3.] Appendix (B). Mr. D. Manning, Seerelari/, Trmmtri/ Department, to the Collector of Cmtnmx. San FrancUcn, March 16, 1886. 1 ^1 ,4t * [See Inclosure 7 in No. 3] w corrcspon- nd on tlic s» and that lI of which the J'acilic Contract iiij^ in linliing, reiuly liavo liways thi' ilo Papors, iil trade in iiiio Ukase, no Powers, : provision, >art of the arties slmll the Pacitic siieh parts ;he natives, 1." (State until it is conditions 's Sea, and "inland ritime nuot ncnt to the nl vocation ^n drai^ged nto prison, ons will he ate release stained by that your the Ilight klinister at erk, Canada. ,, . Aiijii'iiilix (('). AV/(7 I//' ///« Iinjieriiil Mnji'ntn, Aulmrut of All the Jliimn.i. Tlin Directing Scimtc^ iniikclli kiinwii \iiitii all men : wliorciis, in an Kilict nf IIIm liM|ii'i'iiil Miij(!sty, iHHiiRil l« tlit^ Diirclinj; Sniali' nii the 4tli day nl' Sc|ilt!iiili('i', ami Mi;,'ii('(l hy Mis liiipcrial MaJt'Hty'H own liiiiitis, it is lliiis ('XprcHscd : — "Olisi'i'vin^ ri'iiiii i'('|iiii'(s .siiliiiiilU'd III IIS timl IIik tiiidi' i>I mil siiIiJitIs mi llii' Ak'iitian InIiUkIn unci mi till' iiiirtli-wrst rmisl nl' Aiiiri iia, a|i|ii'ilailiiii^' iiiitii liiissia, is .siilijciti'il, licnuisii of illicit uml scri'i'l trallir, tn ii|i|iri'ssiiiii and iiii|inliiiii'iils, and lindiii^' lliat llii' prinripal caimc i<( tlii'su dillicnltieH Ih the want nl' Unli's istalilisliiiii,' tlii' limindaiii's I'm' navij,'atiiiii iilniij,' tlii'sr coiisls, and tlic miU'V of naval ronininniratimi, as uidl in tlii'sn |ilari's as mi llic wlioli' of llif eastern euast of Silieiiii iind the Kniile [slands, we have deemed it neiessuiy to deteitnilie these eoininilliiiatimis hy S)H!eilie I{c%'ulutiims which am hereto iittaehed. " ]n forwaidiii;; tiiese ];e!j;nlatimis to the hirei^tiiij,' Senate, we emninaiiit that the iiuine, ho ]iuliliNliu(l for universal inlurnrntimi, and that iiiojH'r nieiisnref he taken to eiirry them into execution. (.'ounter.siHUod : (Signed) "Count D. HVlllEY, Miiiulir i>/ Fiuamr." It in tliori'foro (hicrecd hy the Directing Semite tliiit Hin Imiierial Majesty's Mict lie (lulilislieil for the infoiiiiation of all men, and Unit the same he obeyed liy all whom it may coiiuerii. The ipiigiim! is .signed hy the Directing Senate. On the original i.s written in the handwriting o| His hnpurial Miijeaty thus — " lie it awordinglv, (Signed) "ALKXAN'DKI!." Section 1. The ijursiiils of commeree, whaling, and lishery, and of all other industry on all islands, jM)rts, and gulfs, including tho whole of the north-west coast of .\nieriea, heginning from IJehrilig's Straits to the ."list degree of northern latitude, also from the Aleutian Island.s to the eastern eoiiHt of Siberia, as well as along tho Knrilo J.shinds from iJeliring's Straits to the south cape of the I.sland of Uriip, viz., to the 4.'(' -'O' northern latitude, is e.\cliisively granted to Itussian subjects. Section 2. It is therefore prohibited to all foreign vessels, not only to laiul on the coasts and islands belonging to Itus-sia, as stated above, but alsn in approach them within less than 1011 Italian miles. The transgressor's vessel is subject to confiscation, ahmg with tlie whole cargo. Sir, Ottawa, April 9, 1 886. I have the honour to transmit herewith a letter just received from Mr. Tlieodore Lubbe, the managing owner of our British Columbian sealing fleet, and dated the 30th ultimo ; the newspaper clipping attached thereto fully e.vplains the matter embodied therein, and, as will be at once seen, it is a matter of vital importance to our fishing industry and commercial enterprises generally that the same siiould engage the attention of the Govern- ment at the very earliest posf^ible moment, in order that the owners may be appiised with as little delay as possible how they are to act. 1 would therefore respectfully urge that the whole subject be referred to his Excellency the Governor-General in Council, so that I may be informed as quickly as is reasonably pos.sible what reply to telegraph ; should this mode of procedure be irregular or undesirable, then 1 would mast respectt'iilly ask that such other steps betaken in the pre;nises as to you may appear necessary or expedient, so as to avert trouble in tbe closely approaching season alluded to, and remove all doubt as to the rights of the parties on the " high seas," or otherwise, as may appear to be reasonably consistent. 1 have, &c. (Signed) EDGAtt CROW- BAKER, M.P., Vice-President, British Columbian Board of Trade, The Honourable the Secretary of State. '"/■/•<■// .SV/yW, Mr. Lubbe to Mr. E. Crow-Baker, M.P., Victoria, British Columbia, March 30, 1886. . [See Inclosure 8 in No. .3, p. 7.] HfMfO, Contraband Seal Hunting. Noticing in your issue of the " Call " of t!ie 2r>th instant an article referring to the Alaska Pur Company's territory, to oblige a number of your stibscribers will you kindly inform us if a vessel Imnting seal a marine league off shore in Behring's Sea would be liable to seizure, or does the marine league limit apply to that territory as it does to all land in the high seas ? , SeVKKAL iNTEKlSSTEi) SUBSCRIBKRS. [1281 F ^ ;! ! lii Section 1956, Revised Statutes of the tJhited States, prohibits the killing of fur- bearing animals within the limits of Aldska f erritory or the waters thereof, except under an authorization from the Secretary of the Treasury, and it further provided that the Secret y siiall not grant any special privilege., under this section. Then comes the inquiry: " \^ hat is included in the term, 'the waters thereof?" The Treaty by which Alaska xtas ceded to the United States by Russia defines tlie boundaries of the jurisdiction ihiis conveyed. The western limit, wiiicii extends out on the high seas (a questionable conveyance) as far as the men iian of 103° west longitude, so as to include the whole of the Aleutian Archipelago, and thence proceeds north-west to the intersection of the hieridian 172' west with the parallel of 65° 30' i:ortli, passes through the middle of Bfchring's Straits, midway between the Islands of Kousentern, or Ignalook, and Rotmanoff, and thence due ndrtli without limitation into the Frozen Ocean. By Act of Congress the laws 01 the United States aio extended over all this territtny nnd water. As Behrihg's Straits at its narrowest is 3i; miles wide, 9 miles frc-m the Alaskan m-iinland coast would not begin to reach the western limit of our purc.ir.sc fi'om Russia, uuii until the right of the United States' Governmeni to exclusive juris.lictiou over those waters is successfully controverte-1, you must not vioh.cc the law of Congress, by killing seals therein^ without the consent of the Secetary of the Treasury, on jieril of coiiflscation. " According to the current of modern autliol'!* • " says Chancellor '.uing ti. .r ed States' cd '.a San in account ng to the lease and ^ concessions gr^nte4 by the Government of the United States to \he Cptnpany aboye mentioned. . The matter has been already laid before the Honourable the Minister of Marine and Fisheries, whi opportunely arrived here a lew days after my receiving information of it; but I beg tq call your earnest attention to it, so that, the whole case being laid before the Imperial authorities, ste;:s may be taken not only to cause reparations to bp made for the outrage committed, but to definitely prevent any possible repetition of it. The Seaiins Schooner Seizukes. As the late seizures of an American and three British scaling schooners by an American Revenue putter in the Behring's Sea arc almost certain to lead to international complications on account of the extravagance of the assumption upon which those seizure? were made, a brief history of the events which kd up to them will be acceptable at the present time. In March 1867 a Treaty was made betwper Russia and the United States, by which Russia ceded all its possessions in British North America to the Governinent jf the United States. One of the terms of tjiat Treaty declared that the western limit, ^ithin which the territories and dominion conveyed are contained, passes through a ppipt in Behring's Straits on the parallel of 65° 30' north latitude at its intersection by the meridian which passes midway between the Islands oF Krusenslern or Ignajooji, and proceeds due ; orth without limitation, into the same Frozen Ocean. Tha same western limit, bcginniiig at the same initial point, proceeds thence in a course nearly §p)}thTvypsj; through Behring's Sea, so as to pass midway between the liOrth-wcsl point of St. i^a^yrenc^ and the south-east point of Cape Choutkotski to the meridian of 17ii° west longitude, thence fvoin the intersection of that meridian in a south-westerly direction so as to pas? midway betwjen the Island of Attou and the Copper Island of the Kormandorski couplet or gioup in the North Pacific Ocean to the meridian of 193° west longitude, so p^s \a include in the territory conve}ed the w'aole of the Aleutian Islands east of tlif^t merifjjan. So far, so good. In July 1870, in the 2nd Session of the 4'lst Congress, an Act wa^ passed entitled "An Act to prevent the Extermination of Fur-bearing Animals in Alaska," in '."liicb tl]e number of seals to be killed for their skins vvas limited on St. Paul's aiul St. Geoige's Islands to 7."),000 per annum on each island, with power by the Secretary of the Trci^sury to further limit the number if necessary, and giving that official power fo lease for rental mentioned in this Act, to proper ami responsible parties, to the ]i\m advantage pf t))j; United States, having due regard to the interests of the Government, the native inhabi- tants, the parties hitherto engaged in trade, and the protection of the seal fisheries, for n term of twenty-five years from May J-870, the right to engage in taking seals on the Islands of St. Paul and St. George. Another section decjares that any person who shall kill any fur-seals on either of the said islands, or in the waters adjacent thereto, without authority from the lessees thereof, or interfere witii them in the lawful prosecution of their du'y, shall be deemed guilty of a misdemeanqijr, and shall for each offence or conviction he punished, and all their vessels, tackle, apparel, appurtenances, and cargo shall be forfeited to the United States. In the month following the passage of this Act, that is in August 1870, stances, Her .Majesty's Government do not hesitate to express their concern at not ha\ing received any rjply to their representations, nor do they wish to conceal the grave nature which the case lias thus assumed, and to which 1 am now instructed to call your immediate and most serious attention. It is unnecessary for me to allude further to the information with which Her Majesty's Government has been furnished respecting these seizures of British vessels in the open seas, and which, tor some time past, has been in the possession of the United Slates' Government, because Her Majesty's Government do not doubt that if, on inquiry, ii should i)rove to be correct, the Government of the United States will, with their well- known sense of justice,, admit the illegality of the jnoceedings resorted to against the British vessels and the Britis^b sulyeets above mentioned, and will cause reasonable reparation to he made for the wrongs to which they have been subjected, and for the losses vvhicli f-liey jiavc sustained. \n cojiplusion, I have the honqj^f again to refer to your note qf tl^e 12th November laijf;, and tp what \ov\ said verbally to mi on the same day, and tq express the hope that Jlic Clause pC the dejay coni|)lained of in answering the representations of |ier R^ajesty's ^i^yprilMient pn this gfave and important matter may be speedily removed. I have, &c. (Signed) L. S. SACKVILLp WESf, No. 25. Sir fi. W'esf fQ fjer Majestii's Secretary of State, Foreign Office. — (Received Januar>j 26.) My Lord, Washington, January l'A, 1887. WITH rcRrence to my despatch pf the 7th instant, I have the honour to inclose to your Lordship herewith copy ol' a note which 1 lave received from the Secretary of State in answer to my communication expressing the concern of Her Majesty's Govern- ment at receiving po reply tp their representations n-peeting the seizure of British vessels JH 13e|»ni|S'i? fipif. I have, &c. (Signed) L. S. SACKVILLE WEST. 11 ft M Inclosure in No. 25. ' ^ _,.,..■■■ -■ '* ' ■■ i . ' .■•,' „' Mr. Bayard to Sir L. West. Sir, Depariment of Stale, Washington, January 12, 1887. yOUK note of the 9tli instant was received by nie on the next day, and I regret exceedingly that, althougli my cfi'orts have been dihgently made to procnre from Alaska the authenticated copies of flie judicial proceedings in the cases ot the British vessels "Carolina," "Onward," and " Tliornton," to which you refer, 1 should not have beert able to obtain chem in time to have made the urgent and renewed application of the Earl of Iddesleigh superfluous. The pressing nature of your note constrains me to inform you that on the 27th Septen^'"'- last, wiieu I icoeived my iirst intimation from you that any question was possible as to the validity of tlie judicial proceedings referred to, I lost no lime in requesting my colleague the Attorney-General, in whose Department the cases were, to procure tor mo such authentic information as v;ould enable mc to make full response to your application. From week to week I iiave been awaiting the arrival of the papers, and to-day, at my request, the Attorney-General has tolegiaphed to Portland, in Oregon, the nearest telegraph station to Sitka, in Alaska, in order to expedite the furnishing of the desired papers. You will understand that my wish to meet the questions involved id the inStrcictibftS you have received irom your Government is averred, and that the delay has beeri fcnfdrctfl by the absence of requisite information as to the facts. The distance of the vessels from any land, or the circumstances attendant upon their seizure, are unknown to me, save by the statements in your last note, and it is essential that such facts should be devoid of all uncertainty. Of whatever information may be in the possession of Her Majesty's Government I have, of course, no knowledge or means of knowledge, but this Department of the Govern- ment of the United States has not yet been placed in possession of that accurate information which would justify its decision in a question which you are certainly warranted in considering to be of grave importance. I shall diligently endeavour to procure the best evidence possible of the matters inquired of, and will make due response thereupon when the opportunity of decision is afforded to me. You require no assurance that no avoidance of our international obligations need be apprehended. I have, &c. , , , (Signed) T t. BAYAREI. No. 26. The Marquis of Salisbury to Sir L. West. Sir, Foreign Office, January 27^ 1887. WITH reference to your despatch of the 13th instant, I have to request you to make a point of inquiring from time to time whether the United States' Government have received the cx|)ected information with regard to the seizures of British vessels engaged in seal-iisliiug in Behring's Sea. I am, &c. (Signed) SALISBUEY. No. 27. Sir L. West to the Marquis of Salisbury. — {Received by telegraph, February 4.) My I.ord, Washington, February 4, 1887. HAVING reason to believe that the President was about fo take some action in the case of the seizure of liritish vessels in Behring's Sea, I addressed a note, copy of which is inclosed, to the Secretary of State, after the receipt of your Lordship's telegram of the 27tli ultim.), inquiring whether the United States' Government had receivo(i tliH information and ])a|>ers cotmcctcd therewith ; and I now have the honour to inclose copy of a note t<'hich 1 have received in reply tliereto, stating that the papers in question were expected within a fortnight, and informing me that in the meanwhile, without conclusion at ! i:' J 40 this time of any questions involved, orders have been issued by the President tor the dis- continuance of all penc'ing proceedings, the discharge of the vessels referred to, and the release of ail persons under arrest in connection therewith, whicii information I telegraphed to your Lordship this day. Since the receipt of the Earl of Iddesleigh's telegram of the 6th December last I have from time to time endeavoured to obtain a decision in the sense of the note now addressed to me, which, as far as it goes, will, I trust, be considered by Her Majesty's Government as a satisfactory result. In accordance with the instruction contained in the above-mentioned telegram, I have communicated this result to the Governor-General of Canada. I have, &c. (Signed) L. S. SACKVILLE WES1\ Inclosure 1 in No. 27. Sir L. iVest to Mr. Bayard. Sir, Washimjton, February 2, 1886. I HAVE the honour to inform you that, under date of the 27tii ultimo, the Marquis of Salisbury instructs me to inquire whether the information and papers relative to the seizure of the British schooners " Carolina," " Onward," and "Thornton " have readied the United States' Government. I have, &c. (Signed) L. S. SACKVILLE WEST. Inclosure 2 in No. 27. Mr. bayard to Sir L. West. Sir, Department of State, Washington, February 3, 1887. I BEG to acknowledge your note of yesterday's date, received to-day. Upon its receipt I made instant application to my colleague the Attorney-General in relation to the recordof the judicial proceedings in the cases of the three British vessels arrested in August last in Behring's Sea for violation of the United States' I . . 5.000 n . . 5,000 » . . 5,000 it .. 8,000 No. 29. " Foreign Office to Colonial Office. Sir, Foreign Office, February 14, 1887. I HAVE laid before the Marquis of Salisbury your letter of the 8tli instant, forwarding a copy of a despatch, with its inclosures, from tlie Governor-General of Canada, relating to the claims for damages sustained and compensation demanded by the owners, masters, and mates of the British schooners "Onward," "Thornton," and "Carolina," which were seized by the United States' Revenue cruizer " Corwin " last August, while engaged in seal fishing in Behring's Sea. In reply, I am directed by his Lordship to request that you will suggest to Sir H. Holland that it might be desirable to defer laying these claims before the (jroverninent of the United States until Her Majesty's Government have had an opportunity of examining the statement as to the circ stances under which the seizures took place which is referred to in Sir L. West's telegram of the 4th instant, communicated to you on the following day. 45 mtion for my rwin " and in cv) kVARREN. isation for my ind in gaol at BECKTIL. Spliooiicr ' Fuvouritc." Dollars. 3,000 DoHnrs. 8,000 5,000 5,000 5,000 5,000 8,000 y 14, 1887. lit, forwarding da, relating to masters, and which were nsaged in seal ngsest to Sir ; Government pportunity of es took place .ted to you on I am to add that, should this suggestion meet with Sir 11. Holland's concurrence, instructions will be sent accordingly to Sir L. West. I am &c. (Signed) JULIAN PAUNCEFOTE. No. 30. Sir L. West to the Marquis of Salisbury.— (Received February 15.) My Lord, Waslnngton, January 30, 1887. I HAVE the honour to transmit herewith the Report of the Governor of Alaska I the year 1886. I have, &c. (Signed) L. S. SACKVILLE WEST. Inclosurc in No. 30. Extract from the Report of the Governor of Alaska for the Fiscal Year 1886. Protection of Fur Seal and Sea Otter. THE capture of one American and three British vessels while cnj^aged in taking seals in the inland waters of Alaska by the Revenue cutter "Corwin" has no doubt been fully reported by her zealous and meritorious Couimandur, Captain C. A. Abbey, to the proper Department, and but for the fact that the officers and crews were brought to Sitka, and, together with the captured property, turned over to the United States' Marshal, the subject might not be considered one within the province of this Report. The masters and mates of the several vessels were tried at a special term of the District Court, and all convicted and sentenced to brief terms of imprisonment, and three of them to payment of fines ranging from 300 dollars to 600 dollars each. The terms of imprisonment of all save the master of the American vessel having very nearly expired on the 29th September, on the urgent request and recommendation of the honourable Judge of the District Court before whom the convictions were had, I granted respites in the several cases, save the exception noted, and the prisoners were released and allowed to depart for their several homes. They were without means, and, had they been detained until the expiration of their sentences, would have become objects of charity among strangers until the sailing of the next monthly steamer. As these seizures have most probably raised an international question involving the right of the United States to exclusive jurisdiction over the waters of the Behring's Sea north of the Aleutian Islands and east of the 193rd meridian west longitude, it may not be unbecoming in me to suggest that unless that right is insisted upon and maintained, an industry which now yields a revenue equal to a fair rate of interest on the amount paid for the whole of Alaska will not only be destroyed, but the means of livelihood will likewise be taken away from a large number of people whom the Government is bound by every consideration of honour and public policy to protect. I can conceive of no other plan by which the seal fisheries can be preserved than the one long ago adopted and now in vogue; whether they ought not now to be yielding a very much larger revenue to the Govern- ment is a question to be discussed a year or two hence. It is reasonably certain, however, that unless our Government asserts and maintains the jurisdiction ceded to it by Russia, the Seal Islands will in a very few years be robbed of all present or prospective value to any one. It is just as essential to the preservation of this industry that the seals be protected against indiscriminate slaughter while on their way to and from their breeding places as that the number to be taken on the islands should be limited, and every necessary restriction imposed as to age, sex, and the mode of killing. The use of fire-arms is prohibited by law, even to the natives, in the killing of seal and other fur-bearing animals in Alaskan waters and on the islands thereof, and it would be a manifest act of injustice to them to permit either foreign or American vessels to enter and engage in the indiscriminate shooting of such animals in waters over which the United States claims and exercises I 46 exclusive jurisdiction nnd control. Unless our right to such juristliction be waive:! or abandoned, seals once in Hciiring's Sea are as much tlio property of tlie United States as tiie islands themselves, and should be no less zealously t^uarded than are tlie Newfound- land cod banks l)y the Dominion of Canada. Unless so guarded, chartered rigiits will not only be impaired, but a source of large and perpetual revenue to the Govcrunieut utterly destroyed. Hut there arc other than selfish reasons why the United States should insist upon its right to cxthisive jurisdiction over the waters of Hehring's Sea as far west as the boundary line deseribfd in the Treaty of Cession. The principal occupation of the inhabitants, some 10,000 or 12,000 in number, of the islands therein and a(ljaccnt thereto, is sea-otter hunting, an occupation which will be completely destroyed if its waters are thrown open to all who choose to enter. It is manifestly the duty of the (lovernnient to protect those people in the enjoyment of rights which to them arc inherent ; un abandonment of the jurisdiction claimed by us would be i)riictically assenting that the people in question may be driven from their homes and the employment by which they and their fathers for generations remote have obtained a livelihood. li I Transportation Facilities needed. In the foregoing connection I desire to call attention to the imperative necessity which exists for some means of transjiortation for the oflScials of the Civil Government to and from the different parts of the Territory. In the present condition of aflfiiirs the Marshal ran only reach a very few points to serve the processes of the Court, and in each and every case must undergo an enforced absence of at least a month. The civil officials are charged with the responsibility of enforcing the laws, and yet are not furnished with the means absolutely necessary to enable them to do so. The authorities at Washington do not seem to realize the fact that there are no waggon or other roads in Alaska, and tiiiit all travel must necessarily be by water. Crimes are reported from the various places of settlement, but the executive officers have no available means of going from place to phice to make arrests and enl'orec the laws. Smuggling is carried on, distilled spirits are being surreptitiously imported 'nto the Territory in spite of the decision of the District Court, thousands of dollars' worth of dutiable merchandize is imported across the border from British Colombia, and we are powerless to prevent any of these things. If a spriglitly Revenue cutter could be stationed here with orders to cruize in the inland waters of South-eastern Alaska, and give aid to the Civil Government, by carrying its officers to points necessary to be visited by them on official business, bringing witnesses and jurors, &c., I am reasonably certain the lawlessness now so prevalent could be broken up, the (lovernment's revenues secured, the laws enforced, and life and property rights fully protected. Until something is done in this direction to enable the officials to perform their duties, civil government in Alaska will be little better than a ridiculous farce. The following letter, addressed to me by the District Attorney, fully ex])laius the necessity of the ease, and how it may be provided for without detriment, but rather to the advantage of the Revenue Marine Service : — " (District of Alaska, District Attorney's Office.) " Sir, " Sitka, September 20, 188b'. "As the official charged with the institution of the initiatory judicial proceedings against parties becoming liable to answer for breach of the laws in this district, I desire to call your attention to a most serious want in the facilities necessary to enable the officers of the Court to perform their duty effectively. We are, as matters now stand, entirely dependent on the line of monthly mail-steamers from Port Townsend, Washington, to Sitka, for any certain or regular means of getting to or from other places in the district, being thus not only limited in communication to three or four other Settlements, but also forced to an absence from Sitka of not less than one and possibly two months in any event in which it becomes necessary to visit them. Besides this, there are many Settlements where important business enterprises are located needing protection, which we are not able to visit at all. "At one of these, Nevvchuk, some 300 or 400 miles up the coast to the west, a trader was brutally murdered by Indians last December. Valuable mineral discoveries have just been made in that section which it is proposed very soon to develop, and there are large fishing establishments near and trading posts front which appeals have been sent to such officials as could be reached, to have the case inquired into and the offenders punished. Si;* 4H e waivc'J or u(l Stiites aa 1 Newfound- ;lits will not iiicut utterly sist upon its he bouiulary inlial)itant8, I, is feCil-ottlT Jirown open irotcct these iiieiit of the |Ucstion may V fathers for ^essity which Ticnt to iuid the Marshal in each and 1 officials arc cd with the ishington do Alaska, and arious places roni place to cd s|)irits arc the District ss the border cruize in the , by carrying ng witnesses d be broken operty rights s to perform ircc. explains the rather to the 20, 1886'. proceedings t, I desire to 3 the officers lail-steamers 3f getting to tion to three han one and m. Besides ated needing lest, a trader cs have just ere are large sent to such rs punished. The facts in this case are undoubted, and action by the authorities most essential to the interests and protection of oil residents. There is also n report of a murder at the Island of Unga, but not yet fully confirmed. There is certainly need of inquiry into certain hircenies and other lawless acts at Kodiak. " I om utterly powerless to institute the necessary examinations into these cases, in order to bring the parties to justice, and my inability and that of the Court to punish them must continue until we have the means of reaching those localities furnished us. "Another ease is in point : Tiiere arc now lying at Ounalaska three English schooners, seized for violationj of our laws against killing fur-bearing animals within the Territory. The cargoes of these and one other schooner, consisting of over 2,000 scal-skins, forfeited under these laws, are stored at the same place. Under the necessary proceedings in our Court these vessels and their cargoes h;vve been decreed forfeited, ond the Marshal will be recjuired to sell them. lie is absolutely without the means of getting to Ounalaska at all unless he goes by way of San Francisco, and can only carry out the orders of the Court at the most serious inconvenience. In fact, in the absence of the needed facilities for direct intercomniunication between the several sections and Settlements of this district, it is plain that the interests of the Government must greatly suffer, as they have already done, together with those of the people. " It would be an easy and simple thing to supply this need, at no matcriol increase of expense, in the protection of the Government's interest in Alaska, but rather to their positive advantage. A Revenue vessel stationed at Sitka, subject to the reasonable necessities of the Civil Government, could attend to all the wants occurring, without detriment to the service, necessary for the protection of the seal fisheries and the rights of the lessees of the Pribyloff Islands. Indeed, being here much nearer the waters in which such service is required than she would be at any station lower down the coast, she could perform that duty more conveniently, and at the same time would be able to put a itop to much of the smugglirg and illegal importation of liquors into South-eastern Alaska which is now going on. " There is no doubt that the service necessary in order to make the present civd and judicial government of this Territory something more than a mockery to a large portion o: its area and people could be effectually rendered in this way, and the other interests which it is thought necessary to protect by the same means promc^ed. I trust you will, therefore, represent this necessity to our Government in your forthcoming Report. There are many ways in which it is seriously felt, but which it would be uricd, from which it will be seen that there is a juxtaposition of the civil and military altogether unseemly, if not wholly inn)roper. The spectacle at the •-ecent term of Court, when a number of British subject? were on trial, and every morning heard the beat of the drum, calling guard-mount on the portico, simultaneously with the loud jiroclamation of the crier announcing the opening of Court in the same bvilding, was not one calculated to impress the strangers with an exalted opinion of our boasted free institutions. For appearance's sake, if for no other reason, this marine guard should be removed from this building in which the Courts are held, and the whole of which is needed for the accommo- dation of the Civil Government. But the truth is, this marine guard has no duty to peri''orm here in Sitka, save that of guarding the few supplies necessary to its own subsis- tence. i'rior to the institution of civil government the naval commander of the station was, to all intents and purposes, the executive officer of the Territory, and all ves:els stationed here were of .' rate which entitled them to a marine guard. ()ne-half of this guard was sent ashore ti perform police duty, the officer in command exercising the functions of a pohee magistrate. With a view to the continuance of this system, the "Piiita" was sent hn'c and furniBhed with a marine guard of twenty-five men, under comnianii of a Second Lieutenant, all of whom were sent ashore, the Conmianilaut and privates uerforming the police duties mentioned iron) the date other arrival, on tbc 17th August, IHsj., till the l-'tli September following, when the newly-created Civil (Jovernnicnt was i'Mugnrated. Since tiiat time the guard has bad no local duties whatever to perform, and has practically been as useless as would be the fifth wheel to a waggon. In this view of the case, I submit if room occupied by it, and which is urgently required for the use of the Civil Governn, t, ought not to be vacated, and the guard itself transferred to the only point in the Territory where an emergency reciuiringthe services of an armed force is likely to arise. There are buildings 'it Juneau belonging to the Navy Department large enough for the accommodation tf a force twice its size, and 1 respect- fully urge that tiic Senior Ollicer be ordered to make the transfer without unnecessary delay. M ■saS m m jM 49 There is no e at Sitka, a force at liavc every or, if it had unison svith ose. the Ciiinese es wiio have force would this point, ^hcre, 1 may The native ;ment which )n of a miii- ; beyond the propriety of ught to the e suggested, 3re on shore 1 into other nown as the ;nt occupied, ry altogether 3urt, when a of the drum, lation of the calculated to uions. For cd from this le aceommo- no duty to i own subsis- station was, 'jls stationed is guard was Inctions of a lilt li;^re and Lieutenant, [police duties h September c that time m as useless is urgently guard itself services of to the Navy ll I respect- luiuieecssary 11 .■'< No.3!. : ■! , r: 'IMj- I'l.'V Sir, . . Coknial Office to Foreign Office.— {Received February 28.) ..■•.. Downing Street, February 26, 1887. I AM directed by Secretary Sir H. Holland to acknowledge the receipt of your letter of the I4th instai and to state that h- concurs in the JMarquis of Salisbury's proposal to defer temporarily, {.resenting to the United States the claims to compensation advanced by the Government of Canada in respect of sailing-vessels recently seized in Behring's I am, &c. ' (Signed) JOHN BRAMSTON. No, 32. Sir L. West to the Marquis of Salisbury. — {Received March 31.) My Lord, Washington, March 18, 1887. I HAVE tiie honour to inclose to your Lrrdship herewith copies of a letter addressed to the Presideit by a tirm in San Francisco, engaged in the seal fishery in Behring's Sea, complaining oi the pretension of the Alaska Seal Company to exclusive jurisdiction oyer waters 3,000 miles long and 2,700 miles wide, and setting forth the grievances resulting therefrom. Allusion is made to the case of the American vessel "Ocean Spray," which went to the Island of St. Paul in 1876 and was seized for killing seals, and to the decision of the Judire of the Circiiit Court of Oregon, to the effect that the vessel had not violated the Act of Congres:^ The Treasury Circular of 1872 is also cited as proving that America,! vessels had the right to enter Behring's Sea, from which the Company sought to exclui e them. I have, &c. (Signed) L. S. SACKVILLK WEST. Inclosure in No. 32. Extract from the "New York Herald" of March 17, 1887. (From our regular Correspondent.) " Herald " Bureau, Corner Fifteenth and G Streets, N.W., Washington, Mo: ch 16, 1887. THE following letter, addressed to the President, has just been received: — " 32, Clay Street, San Francisco, California, " March 2, 1887. "To his Excellency Grovcr Cleveland, President of the United States: " Sir, " Some respcc^abk; busincfs n.cn of the Pacific coast, owners of American vessels, have recently been assailed through the columns of the public press in a semi-official manner as ' nmrauilcrs ' and ' pirates ' on the ocean, their property seized and forfeited, their business jeopardizLnl, and their ssca ventures utterly destroyed, without any reasonable or justifiable excuse or cause. "The pretended cause is, and it is so asserted, that they have violated section 1,956 of the Revised Statutes of the United States, which forbids the killing of fur-seals or fur- bearing animals ' within ' the waters of Alaska Territory, ignoring the fact whether or not they were actually engaged in the killing of seals on the high seas or had made preparations so to do outside of tiic waters of Alaska Territory. On mere suspicion, they and their property have been remorselessly seized in the name of the United States by officials who have been engaged for the past many months in sounding the praises of the Alaska Commercial Company throughout the land, and adding to their usurpations by vilifying their victims. " The time seems to have come when the great interests involved in the free and legitimate shipping ventures of the merchant marine of the nation demand that official [128] H 50 inquiry be ir.ade into the arbitrary conduct of Governntent officials in Behring's Sea, in connection with the usurpation of a Company at whose instance these arbitrary acts are committed. " This Company, one of the most stupendous organizations that ever existed in this country, and the peer of the East India and Hudson Bay Companies, was incorporated many years ago under the laws of the State of Cahfoniiii as the Alaska Commercial Company, " Grabbing the Ocean. "It has taken possession of and assumed sovereign power over the most v.niuable fisheries of the whole United States, namely, the Alaska fisheries in Beining's Sea, and without shadow of riglit or authority, except a lease from the United States, dated the 8rd August, 1870, permitting it to kill 100,00u. seals annually upon two small islands in Behring's Sea, at a rent of 55,000 dollars per annum, &c., has taken possession and control, not only of the Territory, but also of a vast sea 3,000 miles long by 2,700 miles wide, has made itself the Suzerain of the Government, and impressed into its service the officers and agents of the Government to maintain its possession and control of this immense territory and sea. "Alexander the Great was not a robber, although lie absorbed kingdoms, and the Alaska Commercial Company is not a ' pirate,' although it has absorbed Alaska and an ocean. " It has established exclusive trading posts at all the available stations in that immense territory, on the coast, along the rivers, and upon the islands of Behring's Sea. It exercises absolute dominion over the natives, and holds them in a state of practical bondage. It has exterminated the seals on certain islands to prevent them from falling into the hands of other traders. Its agents have, in violation of law, defaced the silver coin of the United States with a stamp for purposes of trade, and refuse to accept any other when tendered by the 'lativcs for the purchase of the necessaries of life. It has extended its dominion into Russian territory to the restriction and detriment of trade upon the whole of Behring's Sea north of latitude 53°, and by an extension of jurisdiction, unknown to modern law, has procured the seizure of vessels fishing in Russian waters, upon the assumption of encroachment upon its privileges granted by the United States under the lease to fish on the Islands of St. P.aul and St. George in Alaska. r" % " Crimes against the Nation. " It has designedly violated the conditions of its lease by the failure to take oil from the carcasses of the seals killed, to the damage and loss to the Government of luuidreds of thousands of dollars, by throwing away millions of carcasses of seals without extracting the oil, the lease having been obtained upon an agreement to ])ay the (ildvernnient '.55 cents per gallon for uil obtained from said seals ' killed by it on the leased islands. Its agents use the United States' Revenue cutters ris a means of transportation, for pvivate benefit ; consult with and infiuence their olficcrs, to the detriment of American vessels in the waters of Behring's Sea: it aids and abets the Indians of Qunnluska to kill by sliooting from the shore, contrary to law, young seals and cows ; obtains the skins and sells the salted carcasses back to the Indians; it refuses to aid American vessels in distress, hy refusing to sell them provisions; it has for its paid agents officers or employes of the Government whose duty to the Government is overshadowed by the instructions of and for the benefit of the Company ; it sells to the natives at high priei s large quantities of condemned and worthless tobacco in violation of the internal revenue laws ; it cn\ploys and pr.ys attorneys to prosecute Government cases where American citizens are falsely and unjustly accused of crime, and, in order to maintain its supremacy over Alaska and the whole of Behring's Sea, it now seeks, by infamous prosecutions, to prevent American citizens from even traversing and fishing upon the higb seas, under the absurd pretence that the waters of the whole of Behring's Sea are adjacent to the Islands of St. Paul and St. George, and claims to be molested and disturbed in their lease of said islands by fishing-vessels hundreds of miles away and beyond the boundaries of the United States. " Monntrous Claims, "This (Company claims that the waters of Behring's Sea arc within the limits of Alaska, and procures the seizure, through subservient Government officers, of every vessel that dares to traverse those waters, or is found anywhere therein on a seal-huntiny voyage. * i 51 iring's Sea, in itrai'v acts are existed ia this 3 incorporated a Comnieicial most viiluiible ng's Sea, and tes, dated the lall islands in 1 and control, liles wide, has le officers and lense territory ioms, and tiie laska and an lions in that iehring's Sea. ! of practical a from falling he silver coin 3pt any other has extended ide upon tlic ion, unknown ers, upon the tes under the take oil from f iuuidreds ol xtracting the '55 cents per ts agents use vatc benefit ; ill the waters ting from the the salted )y refusing to Government )r the benefit iidemned and F.ys attorneys ly accused of Suhring's Sea, eu traversini; the whole of claims to be reds of miles " It is immaterial to it whether vessels are found in the actual killing of seals or where the seals have been killed ; the mere presence of the vessels in Behring's Sea seems suflSeient evidence to justify their seizure in any part of those waters. " In the case of the • Ocean Spray,' which went to the Island of St. Paul in 1876, the vcrv stronghold of this Company, provided with all the appliances for killing seals and was seized, Judge Deady, of the United States' District Court of Oregon, a man of unquestionable learning and of high judicial and personal character, held (in 4 Saw., 105) that all these preparations, even if an intent could be shown, were not a violation of the Act of Congress. This is the only reported adjudicated case, and the strongest the Company could have. " This vessel deliberately proceeded to, and landed its crew at, the Island of St. Paul, yet the Court held that there was no offence ; and when we consider that our vessel has been seized going to and returning from Russian waters, hundreds of miles distant from St. Paul and St. George Islands, and forfeited, and its n)aster and crew imprisoned, v/e are left to conjecture that the waters adjacent to the leased islands might be stretched to include the whole of the Pacific and Atlantic Oceans, and that the power and rule of this Company extends from these islands to the city of Washington. "As early as 1872 the Company appealed to the Government to have a Revenue cutter stationed at Ounimak Pass, in tiie Aleutian group, the only safe entrance to Behring's Sea, to prevent American vessels from passing into that sea ; but the Secretary of the Treasury, the Hon. George S. Boutwell, refused, upon the legal ground that vessels had a right to go there if they did not kill seals within a marine league of the shore. " The Act of Compress contemplates this well-established doctrine when it restricts the killing of seals to the 'waters of Alaska Territory ' (section 195G, Revised Statutes), and further declares, in sections 1961 and 1967, that it is not a crime to kill seals in Behring's Sea unless 'in the waters adjacent to the Islands of St. Paul and St. George.' ' Adjacent ' means ' lying near, close, or contiguous,' and the waters within the marine league of the decisions are the only ' adjacent waters ' there are. But, according to this Company and the officers of olie Government, it means a stretch of ocean .3,000 miles long and 2,700 wide; and under this theory of 'adjacency' the term 'pirates' includes all fishing-vessels found in that sea. "Thei'- never has been a seizure within the waters adjacent to these islands, or of Alaska Territory, except the ' Ocean Spray,' and that vessel was released. i ; ■ ' " International Rights ignored. " Behring's Sea is the international highway to the Arctic Ocean, and not the private property of the Alaska Commercial Company, nor of the Government of the United States, and the Government could not concede to the Alaska Commercial Company any greater territorial right than it possessed itself, and that territorial right and jurisdiction ceases and ends at the ' marine league ' of international law from the shore. Beyond this lirnit the ocean is the common property of the whole world, and every animal and fish in it \sferm natttra; and belongs to him who takes it. " This is the doctrine which has come down to us from antiquity and has been observed by all people, whether civilized or barbarous, except this Company and Government officials of the United States. "A shipper or vessel-owner of the Pacific coast is in no condition to resist the power of an oppressor when his vessel is seized and beached upon an inhospitable and lawless shore, his cargo scattered to the four winds of heaven, and his crew imprisoned in an inaccessible port. The only additional requisite to make this system all-powerful seems to be the annexing of Siberia to the lease, and the transporting of these so-called pirates to its penal mines. The same theory of ' adjacency ' would certainly apply. "Through this policy of Government officers permitting this Company to extend its powers under the lease, the Government will surely lose in the end perhaps the greatest and most profitable industry in the world, namely, the seal fisheries of Alaska. "The fishery question now agitating the New England States, and the interests involved there, are a mere bagatelle to those of the Alaska fisheries. " It is charged that our American fishermen are exterminating the seals in Behring's Sea, and they have ' piratically,' during the season of 1886, captured 200,000 seals in excess of the number authorized to be taken by the Alaska Commercial Company at the islands. This is the statement in a letter to a San Francisco paper, dated the 20th February, 1887, of Lieutenant J. C. Cantwell, an officer employed in the United States' Revenue Service, stationed in Alaskan waters. But this is contradicted by the records of our Courts, which show that only 577 fur-seal skins were seized on American vessels last [I'^iS] H 2 i f I 1 ''■ 62 season, and proof was offered, but not admitted, that these were caught in the Pacific Ocean ; and M. Phillipens, the Russian agent of the Alaska Commercial Company, iu his Report of the catch of that Company for the season of 188G, states that the Company killed 202,000 fur-seals in the waters of Behring's Sea. So that, on the testimony of the Company itself, these so-called ' piratical ' American fishermen are not engaged in the work of extermination to any serious extent, but this Company is engaged in that work. The same Lieutenant Cantwell, who is an ardent (but incoherent) writer, in the same communication, states that not one-half the number of seals are killed that should be, because they are increasing so rapidly ; and we feel just cause of complaint that American fishermen are arrested and their propuiiy confiscated for doing that which the Alaska Commercial Company is permitted to do in violation of a lease which restricts its catch to the Islands of St. Paul and St. George. " Court Decisions disregarded. " Under the decisions of our Courts, and the opinion of the Treasury Department, as given in 1872, every citizen has a right to fish for fur-seals in the waters of Behring's Sea when distant a full marine league from the shore. " But these decisions and former rulings of the Treasury Department are disregarded, and no one except this Company is permitted to kill seals anywhere in Behring's Sea. "At a time when Congress is making an effort to protect the fisheries of the Atlantic coast, the officers of the Government on the Pacific coast, with singular inconsistency, are destroying and preying upon the commerce of its own citizens. " It is to be hoped that this mistaken policy of the Government officials will be changed upon investigation of their conduct and that of the lessees of the Government, and that the great injury heretofore committed, and about to be repeated, upon our fishing-vessels by them, will be prevented. " We make tiiis statement because we have been despoiled of our property. One of our vessels, the ' San Diego,' seized and taken to Sitka and condemned, her cargo of seal-skins, taken in the open sea, left in the care of the Alaska Commercial Company's warehouse at an ".land in mid-ocean; the voyage of another schooner, the 'Sierra,' broken up and destroyed ; because our efforts to procure the signature of the Judge of the District Court of Alaska to a summary statement of the facts of the cases, for trans- mission to the Secretary of the Treasury, for a remission of the forfeiture, have been disregarded and ignored at thp instigation of the Company, whose own attorney acted as special counsel for the Government in procuring said forlViture; because our Petition and requests to the Secretary of the Treasury, made nioiiths ago for relief", and to bring said property within reach of a civilized community, to prevent its utter destruction by rot and decay, remain unnoticed and unanswered ; because it is understood that large appro- priations are about to be made for the purpose of enabling Eevenue cruizers to continue their policy of preying upon American commerce in Behring's Sea, and guarding those waters as a closed sea. And it is respectfully suggested that the subject-matter be submitted to the Law Officers of the Government, that instructions may bo issued and published by the Treasury Department to Revenue Marine officers, to guide them in the proper execution of the laws relating to Alaskan waters, so that all persons engaged in seal fishing may understand their rights in this branch of our domestic commerce. " Impressed with the belief that we have exhausted our efforts to obtain either a hearing or redress is our apology for appealing to the Chief Executive of the nation. " With great respect, yours, &c. (Signed) " L. N. Handv and Co." No. 33. Colonial Office lo Foreign Office. — {Received April 2.) Sir, Downing Street, April 2, 1887. WITH reference to previous correspondence, I am directed by Secretary Sir H. Holland to transmit to you, to be laid before the Marquis of Salisbury, copy of a telegram from the Governor-General of Canada inquiring whether owners of vessels now fitting out for this year's trip to Behring's Sea may depend upon being unmolested by United States' cruizers when not near land. I am to request that inquiry may be made of the United States' Government on this :93 1 the Pacific ipany, iu his he Company imony of the jaged in the in that work, in the same t should be, lat American I the Alaska 3 its catch to spartment, as Jehring's Sea disregarded, a;'s Sea. the Atlantic isistency, are cials will be Government, id, upon our rty. One of her cargo of il Company's the ' Sierra,' the Judge of les, for irans- e, have been ney acted as etition and to bring said n by rot and u'ge appro- to continue tliose waters ubmitted to ished by the execution of fishing may tain either a lation. AND Co." I 2, 1887. tary Sir H. a telegram w fitting out lited States' iient on this &'i point, and that Sir H. Holland may be informed of the answer which Lord Salisbury desires should be returned to the Governor-General. I am, &c. (Signed) JOHN BRAMSTON. 'i.::'y'- I ' Inclosure in No. 33. The Marquis of Lnnsdowne to Sir H. Holland. (Telegraphic.) Ma/-cA 31, 1887. OWNERS of vessels now fitting out for this year's trip to Behring's Sea mquu-e whether they may depend upon being unmolested by United States' cruizers when not near land. Please telegraph reply. No. 34. The Marquis of Salisbury to Sir L. West. Sir, Foreign Office, April 2,1881. ' * I HAVE to request that you will inquire of the United States' Government whether the owners of vessels at present fitting out for this year's trip to Behring's Sea may depend upon not being molested by United States' cruizers when not near the land. T You will be good enough to inform me on this subject by telegraph. V I have further to instruct you to ascertain from the United States' Government ^< whether they have received the documents connected with the seizure of British vessels ' last autumn in Behring's Sea, which were referred to in your despatch of the 4th February last. I am, &c. (Signed) SALISBURY. No. 35. Sir L, West to the Marquis of Salisbury. — {Received April 1 1 .) My Lord, Washington, March 29, 1887. I HAVE the honour to report to your Lordship that the United States' steam-ship "Thetis " has sailed ^rom 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 Alaska Ocnmercial Company, complaining that private parties arc taking seals in the waters about Alaska, and asking for more Revenue cutters to be sent for their r protection. Thv Company further ask that the United States' Government should prohibit all killing of seals within the eastern half of Behring's Sea, or from a point it beginning at Behrng's Straits, and passing from the north-west end of St. Lawrence Island "■.; in a south-easterly directiori to the Island of Attou, at the extreme westerly point of tiie Aleutian Archipelago. I have, &c. (Signed) L. S. SACKVILLE WEST. No. 36. Sir L. West to the Marquis of Salisbury. — {Received April 11.) ; My Lord, Washington, April 2, 1887. I HAVE the honour to inform your Lordship that the Commander of the United 1 States' Revenue cutter " Gallatin " has been cited to ajjpcar before the Admiralty Court in [the Boston district to answer to the allegation that in June last, while in command of the j United States' steamer " Corwin," he took by force from the American schooner " Sierra" [her arms and ammunition, at a point in the open sea 30 miles north of Ounalaska, while she was navigating the waters of the North Pacific Ocean on a hunting and fishing expedition, thus breaking up her voyage, to the damage of the plaintifl's of 2'2,500 dollars. I have instructed Her Majesty's Consul at Boston to watch this case, and report the decision of the Court. I have, &c, (Signed) L. S. SACKVILLE WEST. ,lj '., 54 No. 37. Sir L. West to the Marquis of Satisbttry. — (Received by telegraph, April 13.) My Lord, Washlagton, April 13, 1887. WITH reference to your Lordship's telegram of the 2nd instant, I have the honour to inclose to your Lordship herewith copy of a note which I addressed to the Secretary of State, as well as a copy of the reply thereto, stating that the records of the judicial proceedings in the cases of the British vessels seized in Behring's Sea were received at the State Department on Saturday last, and are now under examination, and that the remoteness of the scene of the fur-seal fisheries has delayed the Treasury officials in framing appropriate Regulations and issuing orders to the United States' police vessels which information I had the lionour to telegraph to your Lordship this day. I have, &c. (Signed) L. S. SACKVILLE WEST. Inclosure 1 in No. 37. ' * Sir L. West to Mr. Bayard. Sir, Washington, April 4, 1887. IN view of the approaching fishing season in Behring's Sea, and the fitting out of vessels for fishing operations in those waters, Her Majesty's Government have requested me to inquire whether the owners of such vessels may rely on heing unmolested by the cruizers of the United States when not near land. Her Majesty's Government are also desirous to know whether the documents referred to in your note of the 3rd February last, connected with the seizure of certain British vessels beyond the 3-mile limit, and legal proceedings connected therewith, have been received, and I have the honour, tiierefore, to request you to be good enough to enable me to reply to these inquiries on the : 1 1 of Her Majesty's Government with as little delay as possible. I have, &c. (Signed) L. S. SACKVILLE WEST. t ■! Inclosure 2 in No. 37. Mr. Bayard to Sir L. West, , Sir, ■ Department of Stale, Washington, April 12, 1887. 1 HAVE the honour to acknowledge your note of the 4th instant, relative to the fisheries in Behring's Sea, and inquiring whetlier the documents referred to in my note of the 3rd February, relating to the cases of seizure in those waters of vessels charged with violating the laws of the United States regulating the killing of fur-seals, had been I'eceived. The records of the judicial proceedings in the cases in the District Court in Alaska referred to were only received at this Department on Saturday last, and are now under examination. The remoteness of the scene of the lar-seal fisheries, and the special peculiarities of that industry, have unavoidably delayed the Treasury officials in framing appropriate Regulations, and issuing 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 Statutes relating to xVlaska in sections l9oU-1971, and have been in force for upwards of seventeen 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 the indiscriminate killing of fur-seals is now being considered, and I 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. .■■■/, .:■,.■ i I have, &c. (Signed) T. F. BAYARD. 55 ">.{;, Annex. '. !■>■ .*■ nil 13.) ril 13, 1887. t, I have the dressed to the records of the ng's Sea were amination, and easury officials police vessels .LE WEST. oril 4, 1887. e fitting out of lave requested lolested by the he documents zure of certain herewith, have }od enough to •nment with as -LE WEST. ■il 12, 1887. relative to the to in my note vessels charged seals, had been trict Court in I are now under peculiarities of ig appropriate ilaskan waters jquent speedy ;vised Statutes s of seventeen cnown to have (reventing the rm you at the essels visiting BAYARD. pr-f; •i ..'..il'irr !•'!' ...!' . . Chapter III. ;i Provisions relating to the Unorganized Territory of Alaska, Section. 1954. Custcms, &c., Laws extended to Alatka. 1955. Importation of Fire-arms and Distilled Spirits m.iy be prohibited. 1956. Killing of l-'i'r-bcaring Animals prohibited. 1967. Wlint Courts to have jurisdiction of offences. .... 1958. Kemissiou of Fines, &c. 1959. Saint Paul and Saint George Wands declared Special Reservations, 1960. Killing of Seal upon them proliilntcd except in certain months. 1961. Killing of certain Seal prohibited. 19052. Limit to number of Seals to be killed. 1963. liight to take Seal may be leased. 1964. Bond. 1965. Who may lease. 19C0. Covenants in Lease. 1967. Penalty. 1968. Penalty u])on Lenses. 1969. Tax upon Seal-skins. 1970. Lease may be terminated. 1971. Lessees to furnish Copies to Masters of their Vessels. 1972. Certain Sections may be altered. 1973. Agents and As-istants to manage Seal Fisheries. 1974. Their pay, &c. 1975. Not to bo interested in right to take Seals. 1976. Agents may administer certain Oaths and take Testimony. Sec. 1954. The laws of tlie United States relating to customs, commerce, and navigation are extended to and over all the main-land, islands, and waters of the territory ceded to the United States by the Emperor of Russia by Treaty concluded at Washington on the 30lh day of March, a.d. 1867, so far as the same may be applicable thereto. Sec. 1 OS.*). The President shall have power to restrict and regulate or to prohibit (he importation and use of fire-arms, ammunition, and distilled spirits into and within 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 Territory, and all such arms, ammunition, and distilled spirits, exported or ' attempted to be exported from any port or place in the United States and destined for such Territory, in violation of any regulations that mpy be pre- scribed 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 dollars the vessel upon which the same is found, or from which they have been landed, together with licr tackle, apparel, and furniture and cargo, shr.ii be forfeited ; and any person wilfully violating such regulations shall be fined not more than 500 dollars, 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 pace in the Territory, or if not so destined, when there is reasonable ground of suf.picion 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 iiom the person to whom the same may be consigned. Sec. in')G. No person shall kill any otter, mink, marten, sable, or fur-seal, or other fur-beurin^^ animal within tiic limits of Alaska Territory, or in the waters thereof; and every person u,uilty lliereof shall, for each oflFence, be fined not less than 200 nor more than 1,000 dollars, or imprisoned not more than six months, or both ; and ail vessels, their tackle, apparel, furniture, 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, mai-ten, sable, or other fur-bearing animal, except fur-seals, under such regulations as he may prescribe; and it shall be the duty of the Secretary to prevent the killing of any I'ur-seal, and to provide for the execution of the provisions of this section •.!•■; (^ ( .Al .V ,5 * Customs, &c., Laws extended to Alaska. 27 July, 1868, c. 278, rt I. V. l,"), p. 240. Importation and use of fii-c-arma nnd diBtillcd spirits may be prohibited. 27 Julv, 1863, c. 278, i. i, v. l,"-., p. 241. Killing of fur-bcarlng animals prohibited. 2" July, 1868, c. 273, B. 6, V. 15, p. 249. 56 I i What Conrti hare juriadiotinn or oflencca. 27 July, 1888, c 273, a. 7, T. 15, p. 241. IJuly, 1870, (•. 1S9, a. 7, T. 16, p. 18.'. Remiaslon of fines, &e. 27 July, 1868, c. 273, a. 8, T. 15, p. 24'. ^aint Paul and ^aint George Islanda declared apcclal rescrvationa. 3 Mar., UC,9. lies. No. 22, V. 15, p. 348. Killing of seal upon them prohibited eicept ia certain months. 1 July, 1870,0.189, a, 1, T. 16, p. 180. Killing of certain scat prohibited. 1 July, 1870, 0. 189. B. 2, V. 16, p. 180. Limit lo number of seals to be killed. 1 July, 1870, c. 189, 8. 3, V. 86, p. 180. until it is otherwise provided by law ; nor shall he grant any special privileges under this seetion. Sec. 1957. Until otherwise provided by law, all violations of this chapter, and of the several laws hereby extended to the Territory of Alaska and the waters thereof, committed within limits of tiie same, shall be prosecuted in any District Court of the United States in California or Oregon, or in the District Courts of Washington ; and the Collector and Deputy Collectors appointed lor Alaska Territory, and any person authorized in writing liy either of them, or by the Secretary of the Treasury, shall have power to arrest persons and seize vessels and incichandizc 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 some 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 cases had arisen within the District or Territory where the proceedings are brouj;lit. Sec. 1 9.58. 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 aiiiciidatory of such Act, that have occurred or may occur in the collection district of Alaska, the Secretary of the Treasury is autiiorized, if in his opinion the tine, penalty, or forfeiture was incurred without wilful negligence or intention of fraud, to ascertain the facts in such manner and under such regu- lations as he may deem proper without regard to the provisions of the Act above relci red to, and upon tlie facts so to be ascertained, he may exercise all the l)o\ver of remission conferred upon him by that Act, as fully as he might have done iiad stich facts been ascertained under and according to the provisions of that Act. Sec. 1959. Tlielslandsof Saint Paul and Saint George, in Alaska, are declared a special reservation for Government purposes ; and until otherwise provided by law it shall be unlawful for any person to land or remain on either of those islands, except by the authority of the Secretary of the Treasury ; and any person found on either of those islands contrary to the provisions hereof shall be summarily removed ; and it shall be the duty of the Secretary of War to carry this section into effect. Sec. I960. It shall be unlawful to kill any fur-seal upon the Islands of Saint Paul and Saint George, or in the waters adjacent thereto, except during the months of June, July, September, and October in each year; and it shall be unlawful to kill such seals at any time by the use of fire-arms, or by other means tending to drive the seals away from those islands ; but the natives of the islands shall have the privilege of killing such young seals as may be necessary for their own food and clothing during other months, and also such old seals as may be required for their own clothing, and for the manufacture of boats for their own use ; and the killing in such cases shall be limited and con- trolled by such regulations as maybe prescribed by the Secretary of the Treasury. Sec. 1961. It shall 1 unlawful to kill any female seal, or any seal less than one year old, at any seaso^i of the year, except as above provided ; and it shall also be unlawful to kill any seal in ihe waters adjacent to the Islands of Saint Paul and Saint George, or on the beaches, cliffs, or rocks where they haul up from the sea to remain ; and every person who violates the provisions of this or the preceding section shall be punished for each offence by a tine of not not less than 200 dollars, nor more than 1,000 dollars, or by imprisonment not nioic than six months, or by both such fine and imprisonment ; and all ves^seLs, their tackle, apparel, and furniture, whose crews are found engaged in the violation of either this or the preceding section, shall be forfeited to the United States. Sec. 1962. For (he period of twenty years from the 1st July, 1870, the number of fur-seals which may be killed for their skins upon the Island of Saint Paul is limited to 75,000 per annum ; and the number of fur-seals which may be killed for their skins upon the Island of Saint George is limited to 25,000 per annum ; but the Secretary of the Treasury may limit the right of killing, if it becomes necessary for the preservation of such seals, with such proportionate reduction of the rents reserved to the Government as may be proper ; and every person who knowingly violates either of the provisions of this section .-'hall be punished as provided in the preceding section. . , .i -i;;: tes' Government linion over tlie ILLE WEST. IS JUSTIFIKT).- s and Anicrieaii lently been made ny other pending 59, topic of pulflic diftcussion. It hu.s been represented that an elaborate ('onfercnec on this nucstion is now in pr(>ij;ress between the .State Depiirlmcnt and tlie liiilisli Minister in Washini'ton. Mr. Frederick W. Seward appears to iiave indiibed this impression, ami lias 8u<'i;est.ed several profound eonundnuiis lobe ])r()posed liy Secretary JJayard I o theJJritish Muiister in the projjress of the controversy. There is no Conference in jtro^iciss on this matter. AVIion the President, for reasons satisfactory to himself, ordered the release of the British scaling vessels captured by an American Revenue cutter more than ',\ miles from shore in Behring Sea that action had the effect of a pardon, and closed all discussion as to the legality of the ca])tures. Rut there arc some historical facts in connection with the (jucstion whicli will probably suggest an exceedingly strong inference. Mr. Henry W. E.iiott, of the Smithsonian ln.stitution, wlio is stated to have i)asscd Bovcral sea:^ons in the islands of the Belning Sea, and to be one of the best-informed men in the United States on the subject of jurisdiction over the waters of that " landlocked sea," as he calls it, has recently contributed to tlic prevailing wrong impressions two important statements, which are in direct conllict with oliicial records easily accessible. This whole (luestion has so important a hearing upon our present controversy witii (iieat Britain on tlic subject of the Canadian fi-shcries and tlie right claimed by our Canadian neighbours to hamper the deep-sea fisheries of the United States that ii is worthy of dose examination. Mr. Jilliott takes substantially this ])osition : — 1. That when the Thnperor of Russia, by tlic Ukase of 1821, declared the absolute dominion of the Russian Chown over all l{ussian American territory and seas and liays, including the Kamschatkan or Behring Sea, no protest was made against this assertion of authority by Jlu.ssia, and none has ever been made since by any civilized Power until last year. 2. That the claim made by the United States about this period related to the iS'orth Pacific Ocean only, and that the United States never, in all the corres])ondenco between the years 1822 and 1824, made the slightest reference to or asked for any rights or privileges in the Behring Sea. What are the facts ? A translation of the Ukase of L821 is iniblishod in •• British and Foreign State Papers," vol. ix, p. 472. ft, distinctly sets out that " the pursuits of commerce, Avhaling, and fishery, and of all other industry on all islands, ports,, and gulfs, including the whole of the north-west coast of America, bcsinning from r.ehring- Strait (the northern boundary of liehring Sea) to the r>lst degro of northern latitude, also from the Aleutian Islands to the eastern coast of Siberia, as well as along the Knrilo Islands, from Behring Strait to the south cape of the Island of Unip, is exclusively granted to liussian subjects," and foreign vessels arc interdicted from approaching within 100 Italian miles of the coasts and islands named under iienalty of eonliscation. Having this Ukase before him. .Tohn Quincy Adams, Secretary of State, mi the 2r)th rebruary, 1822, wrote to M. Polctica, the Russian ]\tinister, as follows (the letter is printed in the same volume of State Papers, p. 48:5) : '• I am directed by the President of the United States to inform you that he has seen with surprise in this Edict the assertion of a territorial claim on the part of Russia, extending to the 51st degn>e of north latitude on this continent, and a Regukation interdicting to all commercial vessels other than Russian, upon the penalty of seizure and eonliscation, the approacii upon the high seas within 100 Italian miles of the shores to which the claim is made to apply." Mr. Adams adds : " To exclude the vessels of our citizens from the shores beyond the ordinary distance to which the teiritorial jurisdiction extends has excited still greater surprise," and he closes by asking an explanation. M. Polctica replied, on tiie 28tl- February, 1822 (p. 487) : "The Russian possessions in the Pacific Ocean extend on the north-west coast of America from Behring Strait to the 51st degree of north latitude and on the opposite side of Asia to the islands adjacent from the same strait to the 45ili degree. The extent of sea of "hi(;h these possessions form the limit comprehends all the conditions which are ordinarily attached to shut seas ('niers fermecs'), and the Russian (Jovernment might con.se(|uently judge itself autliorized to exercise upon this sea the right of sovereignty, and especiailv that of entirely interdicting the entrance of foreigners. But it preferred only assertiii"- its essential rights witliout taking any advantage of localities." ft is interesting to look ' at tlie Map and see what the Russian claim really was. Latitude north 51° takes in the southern boundary of the Aleutian Islands to the Sea of Okhotsk. Mr. Adams, in his reply to M. Polctica (same volume, p. 48^). says : " AVitli regard to the suggestion that the Russian Government might have justified the exercise of sovereignty over the Pacific Ocean as a close sea because it claims territory both on the American and Asiatic shores, it may suffice to say that the distance from shore to shore on this sea in latitude 51° north is not less than !)0° of lonj-itude [128] 12 ■■ ' Illl . « m ill ^1 ' oc or 4,000 miles." He ends by saying the President iw porHuadcd the citizens of the United States will romain unmolested in their lawful commerce, and that no effect will bo given to an interdiction manifestly incompatible with their rights. This controversy was ended between the United States and Russia by a Convention signed at St. Peters- burgh on the 17th April. 1S24, in which it was agr^'cd tliat in no part of tlie great ocean, commoriy called the Pacific Ocean or South Sea, should the respective citizens or subjectfi of the High Contracting Powers be disturbed or restrained, either in navigation or fishing, or resorting to the coast for the purpose of trading with the natives, (ireat Britain concluded a similar Treaty in 1825. This Treaty of 1824 remained substantially in force until the cession of Alaska to the United States by Russia. The claim that Behring Sea is a " landlocked sea " with a " firm line pelagic boundary," advanced by Mr. Elliott, is manifestly absurd, in view of the ♦'act that it is about 900 miles from the Aleutian Islands to the Asiatic coast of Russia. But, even assuming that it could have been treated as a land-locked sea at the time of the Ukase of 182 1 by virtue of the possession by one Power of land on both sides, that condition ceased when Russia parted with her territory on one side, just as Great Britain was obliged to abandon her claim to territorial jurisdiction over the Bay of Fundy because the United States owned simply a headland on the other side from her possessiims. The Sea of Okhotsk is one of the seas distinctly referred to in the Ukase of 1821, which called out Adams' protest. Up to 1868, when Russia sold iho Kurile Islands to Japan, this was practically a "land-locked sea, having a firm pelagic boundary," as erroneously claimed by Mr. Elliott in regard to the Behring Sea. Yet in "Diplomatic Correspondence," 1808, p. 462, there is a letter addressed by Secretary of State William H. Seward to Cassius M. Clay, our Minister to Russia, dated the 23rd December, 1867, in which Mr. Seward informed Mr. Clay that much anxiety had been created in the United States by the report that a Russian armed steamer had ordered American whaling-vessels away from the shore near Okhotsk City, in the Sea of Okhotsk, and had fired upon the ship's boat of the bark " Endeavour " of New Bedford. Mr. Seward instructed our Minister to inquire what foundation there was for this report, and what instructions had been given by the Russian Government to authorize this action. At first the Acting Russian Minister of Foreign Affairs contented himself with claiming, not that the Sea of Okhotsk was a closed sea, but raising the same question of the 8-mile line which now forms so prominent a feature in our Canadian fishery troubles, and saying that by the laws in force the American vessel had been properly warned oil' she being within that distance. (This letter is published in "Diplomatic Correspondence," 1868, p. 467.) Subsequently, in reply to another remonstrance from Mr. Seward, stating that American whalers had been whaling in those bays unobstructed for seventeen years, M. Stoeckl, Russian Ambassador, transmits to Mr. Senard (same volume, p. 485) a copy of a Report from the Russian Minister of Marine, in which he admitted that there could not be found in the Department of Marine any trace of instructions given to Russian cruizers to take any restrictive measures tonching the whaling fisheries in the Sea of Okhotsk. This ended the controversy with regard to tliat sea, which at this time was much more entitled to be considerod an inland sen tlian the Behring Sea. One illustration of still later date maybe given. In "Foreign Relations," 1882, p. 447, there is a letter from Secretary of Slate Frelinghuysen to Air. Hoffman, our Charge d'Affaircs at St. Petcrsburgli, conveying a complaint of a San Francisco firm of restrictions put by the Governor oF Eastern Siberia on American li-hermen in the Okhotsk and Behring Seas. This was after the cession of Alaska to the United States. Mr. Hoffman (p. 452) transmits a note from M. de Giers, from which it clearly appears that the Russian Government made no pretence of treating either of those seas as closed seas. 'I'he entire fabric of the attempted censure of the State Department for failure to maintain American interests in the Bcliring Sea is thus thrown to the ground. It is .shown that, so far from acknowledging Behring Sea to be a closed sea, the United States has placed itself on record as vigorously opposing any such assumption, not only with regard to Behring Sea, where there was a distance of 900 miles from shore to shore, but also in regard to the Sea of Okhotsk, which might perhaps have been properly regarded as a land-locked sea. In view of these historical facts, and of the important bearing which the maintenance of this doctrine of free, untrammelled rights of commerce, naviga- tion, and fishing on the open sea, which the United Slates is now engaged in mainlainini; in other quarters where the national interests involved are immeasurably greater, i( requires no spirit of prcphecy to divine that the Revenue cutters "Bear" anil "Rush," -K litizons of the t no effect will lis controversy at St. Peters. 10 pjroat ocean, ve citizens or r in navigation ativoH. Great d substantially m line pelagic that it is about even nssuming ISO of 1821 by in ceased when 'as ol)liged to use the United Jkase of 1821, irilo Islands to boundary," as n " Diplomatic ;tary of State ited the 23rd niety had been er had ordered ea of Okhotsk, New Bedford, for this report, authorize this 1 himself with me question of shery troubles, rly warned oil', rrespondence," stating that ventcen yeans, p. 4Si>) a copy at tlierc could vcn to Russian in the Sea of this time was liitions," 1SS2, Hoffman, our vncisc'o firm of ermcn in the United States. 1 early appears seas as closed t for failure to :round. It is United States not only with i to shore, but iicrly rco'iirdod ortant bearin>i' merco, iiavi<;a- n maintaining ly fijreator, il •and "Ifush," ^ I 61 which have been ordered by the Treasury Department from San Francisco to the Behring Sea, have probably been ordered not to repeat tlio mistake of capturing foreign scalers unless detected flngrante delicto within the unquestioned maritime jurisdiction of the United States, namely, 8 miles from shore. Wasliiiigton, May 28, 1887. No. 40. Colonial Office to Foreign Office. — (Received June 28.) Sir, Downing Street, June 27, 1887. WITH reference to previous correspondence respecting the seizure of Canadian scahnj; schooners in Bchring's Sea, I am directed by Secretary Sir Henry Holland to transndt to you, for such action in the matter as tlie Marquis of Salisbury may think proper to take, u copy of a despatch from the Governor-General of Canada, inclosing copy of an approved Report of the Privy Council respecting the action of the United States' authorities towards British subjects in these cases, and urging that full reparation may be demanded from the United States' Government. I am, &c. (Signed) JOHN BRAMSTON. Inclosure I in No. 40. The Marquis of Lansdoume to Sir H. Holland. Sir, Government House, Toronto, May 21,1 8R7. WITH reference to previous correspondence on the subject of the seizure of Canadian sealing schooners in Behring's Sea, I have the honour to forward herewitii a copy of an approved Minute of the Privy Council, concurring in a Report of my Minister of Marine and Fisheries, and recommending that the attention of Her Majesty's Government be culled to the grave injustice done by the United States' authorities to British subjects peaceably pursuing their lawful occupations on the high seas, to the delay which has taken place in inquiring into and redressing wrongs committed, to the severe, inhospitable, and unjustifiable treatment of the offlcers and crews of the vessels seized, and to the serious loss inflicted upon owners of the same, in order that full and speedy reparatijn may be made by the United States' Government. I have, &c. (Signed) LANSDOWNE. Inclosure 2 in N" 40. Report of a Committee of the Honourable the Privy Council for Canada, approved by his Excellency the Governor-General in Council on the IGth May, 1887. ON a Report dated the 0th May, 1887. from the Minister of Marine and Fisheries, submitting the following rc'sum^ of facts, with a reference to the Canadian sealing schooners "Carolina," "Onward," and "Thornton," seized by the United States' Revenue cutter "Corwin," in Behring's Sea in the year 1886. The above-named vessels fitted out at Victoria, British Columbia, for seal hunting in the waters of the Pacific Ocean, adjacent to Queen Victoria Islands, Queen Charlotte Islands, and Alaska. At the time of seizure (1st and 2nd August, 1886) they were at a distance of more than 60 miles from the nearest land. They were taken possession of by the United States' cutter, and towed to the port of Oonalaska, where they were detained. The crews of the "Carolina" and "Thornton," with the exception of the captain and one man detained at Oonalaska, were sent by steamer to San Francisco, and there turned adrift, while the crew of the '• Onward " was kept at Oonalaska. At the time of the seizure, the " Carolina " had on board 686 seal-skins, ti;e "Onward" i)00, and the "Thornton" 404. These, as well as the schooners are, so far as the Minister is aware, still at Oonalaska, in possession of the United States' authorities. The master and mate of the "Thornton" were brought for trial before Judge Dawson, J ;% I 62 ill tlio United States' District (.'oiirt at Sitiia, uu Llie .'JOtli AugiiHt, 188(j. Tiic evidence t;ivcn ijy tlio oliiceis of tlie United Slati'ti' Revenue cutter went to s'low that this vessel was Sfi/A'd I'or the oU'ence of takiuff oe;.ls in tiiat portiiin of 15(iinip,','"s Sea ceded to tiic United Slates liy l\u>sia in l.SfiZ, bein.q tlieii at u distuiiic ul' (vom (JO to 70 inilis Ironi St. vieorge's Island. '•"lie .lndu,e cliarucd tiio jury to tlic ciieet tliat, if tiioy believed tiie del'endants to have been sealing in tiie J^cnrinEC Sea, east of tiic 193rd degree of longitude west, they should brini; in a verdict of " Guilty," and assess separate tines or imprisonment. The jury broiigiit, in a verdict of " Guilty." '.riie master of tlie "Thornton" was sentenced to thirty days' imprisonment, and to /lay a tine of 500 dollars, and llio niiitc to tliirry days' iin])risoninciit and a line of 3{K) dollars. The masters -md mates of the "Onward"' and " (Carolina "' were mulcted in similar penalties. On the 2.')rd and 24th September, 188G, Orders in Council were approved by his Kxccllency, the Cio/crnor General, setting forth the ai)ove facts, anJ representing the mjuslice to which Canadian citizens eiiLiiaged in a |)caceal)lc and lawful occupation on the high seas had been suhjcclci', in spile of admitted principles of international law, and in direct opposition to the United Siat-s' contention ol what constitutes common waters on the Aih'.ntic coasts, and co])ies thereof were forwarded to Her Majesty's Government, with a ic(jucst that immediate reparation he; demanded from the United States' G ivermnent. On ll;e 12th November, 188G, Mr. Bayard informed Sir L. West that he was awaitin'4 full and authentic reports of the trial and Judgment in the cases of the.se seizures before furtlicr discussing the matter. On the Sth January. 1887, the Earl of Iddeslcigh adm-essed Sir L. West, deprecating tl delay whicli liad taken place in securing the particulars, calling upon him to urge, with all the force wliicli the gravity of the cases demaiided, the iminediate attention of the United States' (ioverninent to the action of the American authorities in their treatment of ihcse vess ;ls, mates, and crews, and directing him to seek assurance that pending a settlei'icnt of the question, no seizures; of British vessels would be made beyond the 'erritoriai waters of Alaska. On the 9tli January, 1887, Sir L. West wrote to Mr. Bayard, reviewing the whole cati'j, and urging ininiediatc action. On the 12th of the same month Mr. Bayard replied, lApii-i'iii'i; the reasons of the delay, and staling that every possible dispatch had been made in order to procure tiie necessary jiapers. On the .'^nl February Mr. Bayard informed Sir L. West that the documents relative to these seizures Ict't Sitka on tiiu 2(jth January, and might be expected to reach him within a fortnight. In llie nieauiime, h? informed tin; Jhitish Minister that orders had been issued for the discontinuance of all pending proceedings, the discharge of the vessels, and the' release of all iicrsons under arrest in connection with these seizures, and that the concSusioii ol any qi e: tions invoh'cd must be reservei' until the papers relating thereto had arrived. On the 4tii Fi.jruary Sir L. West communicated the above information to his I'kcellriicy the Governor-General. 'I'he Minister further states that from information received from the owners of tlie i-eized vessels, am! I'rom the Collector of Customs at Victoria, British Columbia, he learns thnt James (^'gilvie, .in old man and master of tlie "Carolina," was arrested along with the masters and iiiates of the "Onwiu'd " and ''Thornton," and brought into Court (or trial, but t lat before 'sentence was pronounced he was suffered to wander away in the woods, where I, e died from want and exposure; that the other masters and mates after remaining scvcr.d moniiis in prison were released by order of the (iovernor of Alaska, and turned adrift literally destitute to find their way as iiest they could to tiieir homes 1,000 miles distant, and which could be reached only by a long and costly sea voyage ; that the owners of the condemned vessels have received no intimation from the United States' authoiitie.'- of the release of their vessels or the restoration of the valuable cargo of seal- skins and e<|uipineiits on board, and that they have no information as to the condition in which theii i)rop.:rty is at the present time. The owners are thus left in coiniiletc uncertainty as to when or where their property is to be restored, o stale that, knowing well as they do tiie character of the Indians in that vicinity, and apprelu ndiiig that mo very vigilant watch has been kept over their property, they fear that everything movable will have been carried away. If they are compelled to receive the vessels at Got daskii, where they have been detained, it will necessitate the chartering of a steamer, m 'iic uviilcacc t this vessel ,i(lc(l to tlie iiilli's I'roin lilts to have they should iicnl, ami to fine of 300 luuletcd in uvcd by his ;sentiug the itioii on the law, and in 11 waters on iovernmeut, itcJ States' liat he was ese seizures deprecating ) urge, with ition of the reatment of pending a hey on d the ■; the whole 'ard replied, been made s relative to im within a been issued 'essels, and :id that the thereto had tion to his owners of jluinbia, he listed along into Court way in the mates after \iaska, and )tiies l,oOO that the Leii States' o of seal- condition lir property s iioni the ists. They icinity, and ;y fear that the vessels u steamer, with men and sui)])lies, at great expense and a round voyage of some 3,000 miles in order to bring them to Victoria. 'J'lie consequent damage and loss to vessels and cargoes througii detention, and the heavy cost which will be entailed in bi'inging them lo the home port, the owners consider good grounds for claiming consideration from the United States' authorities when the (luestion of reparation is being settled. The Committee concurring in the ibregoing Report of the Minister of Marino and i'"ish('ries advise that your E.xcellency be moved to call the attention of Her Majesty's Governnu lit again to the grave injustice done by the United States' authorities to British subjects, peaceably pursuing their lawful occupations on the high seas, and to the great delay which has taken |)Iace in incpiiring into and redressing the wrongs committed to tli(> severe, inhospitable, and imjustiliable treatiiicut of the officers and crews of the vessels seized, and to the serious loss inflicted upon owners of the same, in order that full and speedy reparation may be made by the United States' Government. All which is respectfully submitted for your Excellency's approval. (Signed) JOHN J. McGEli, Clerk, Priry Council, Canada. Inclosure 3 in No. 40. Mr. Hamley to Mr. Tllton. Sir, Custom-IInnsr, Victoria, April 215, 1887. IN reply to your letter of the l.'jth instant, I beg to state that none of the masters or mates of tiie vessels seized in Hehring's Sea in August last remain now in im[)ri.s()iinieiit. When the vessels were condemned the .ludge, Mr. Dawson, sentenced masters and mates to fines, wiiich were never paid, and to different terms of imprisonment. Ogilvie, master of the " Carolina," an old man, was arrested and brought into Court, but before the sentence was prouoiinced he wandered away into the woods and died there. The others, after serving a time in prison, were released by an order of the (Jovernor and turned loose literally d( stitute, to find their way home in any way they could. The vessels themselves, "Carolina," "Onward," and "Thornton," are now, as far as we know, in Oonalaska, but unless they have been properly taken care of, which in such a place seems scarcely probable, they must during the winter months have suffered greatly, even if they are still in existence. The skins taken from them are, we believe, stored in the Alaska Eur Company's warehouses at Oonalaska; the guns and ammunition were taken to Sitka, and are in the care of the United States' Marsiial. The chronometers and charts of two of the vessels were left in Ounalaska with the vessels. The chronometer of the other, with one or two boats, was taken, we were told, as evidence to Sitka. No notice whatever respecting the release of the vessels or the delivery of tiieir equipments or of the skins has been received by the owners. No word of any description ha.'- been conveyed to them by the United States' authorities. I have, &c. (Signed) W. HAM KEY. Inclosure 4 in No. 40. Messrs. Came and Mansie to Mr. Tilton. D'iar Sir, _ Victoria, B.C., April 14, 1887. YOUR advice of 2nd instant is to hand. In reply, would say we have not been advised whether the vessels are to be returned to us a( Victoria,' or are we to incur the expense and risk of taking them from Oonalaska, and accept the skins in the condition they may be found, as an oflset in full against the amounts set opposite them ir our claims. Ihe expense and risk of getting then, to" Victoria will lie great, as there is no direct way of transferring men and supplies a distance of Ij.OOO miles. It will necessitate the chartering of a steamer, and, owing to the tremendous gales in the North Pacific the past winter, the vessels may be very r.eriously damaiied, if not totally lost. Knowing the Indians as we do we anticipate eycrvthing "movable will be carried awa)'. m The vessels and skins are left in the carr- of not too friendly a concern, namely, the AIask^ir H Hofland that, in Lord Salishury's oiMwion, it is very (leE»»*%.*jle that, before any fur1fn«r r(*pire**ntations are made to th(! United ^States' Governmem *ith a view to obtaining rep**at» furnished »vith these docunmnts by the United States' Government for the use of Her Majesty's Governi»ent. I am further to request that this Department may be supplied with a «»rtpy of the papers which have been laid before the Canadian Parliament in regard to {.his (juestion. I am, &c. (Signed) JUDl^N PAUN'^ -P^FOTK. *fi No. 42. The Marquis of Salisbury to Sir L, West. Sir, Foreign Office, July 9, W^W. REFERRING to your despatches* of (he 1.3th Apr an. the 6th and 30th May ksf, and to previous correspondence, 1 transmit, for your m formation, a copy of a fiirtlK" letter from tlic Colonial Otfice rclaiing to the question of the seizure last autur«M of certain British vessels when engaged in seal-fishing in iJehring's Sea.* Before giving you further instructions in regard to this matter, I should be glad - have the opportunity of examining tlie records of the judicial proceedings in the Distri<- Court in Alaska, ami I request that you will at onccajii^yto the Unitcii stales' Secretary of State, and ask that these documents may be fwwwwmi to y«m for the use of Her Majesty's Government. I am, &c. «gned) SALlWiURY. No. 43. Sir L. West to the Marquis of Salisbury, — {Recef*ed July 22.) My Lord, Washington, July 12, 1887. WITH reference to your Lordship's telegram of the 8th instant, I have the honour to transmit herewith printed copies of the judicial proceedings in the United States' District Court for the District of Alaska in the several cases of the schooners " Onward," "Carolina," and "Thornton/" proceeded against on a charge of killing fur-seal in Alaska. I have, Ike. (Signed) L. S. 3ACKVILLE WEST. No. 40. * namely, the MANSIE. y/_ 8, 1887. ipt of your vessels when at, in Lord ns are made er Majesty's •neediiigs in Sir L. "West tlie United ">\)y of the is ijuestion. !/ 9, iJ^, th May ^f . of a furtiK' t aiituMM oi' d be ^lad V(- the DistiV' ;s' Secretary use of Her 18I»URY. 12, 1887. the honour litcd States' " Onward," fur-seal in WEST. 65 ■ Inclosure in No. 43. , •■ . .?i ,. -I'l . (c'^o- . J,., i In tite United States District Cotijit, for tue Distkicx op Alaska. The United States, Lihellant, v. The Schooner "Thornton," h - TaMe, ijc.~On Libit of Information for being engaged in the Biiainess of Icilling Fur-seal in Alaska. Transcript of Record. ; ^^ ON the 'iStii day of August, 1880, was filed the followinj? Libel of Information :— In tue District Court of the United States for the District of Alaska. August Special Term, 1886. , To the Honourable Lafayette Dawson, Judge of said District Court : THE libel of infor;nation of M. D. liall, Attorney for the United States for the District of Alaska, who i-rosecutes on behalf of said United States, and being present here- in Court in his proper p'^rson, in the name and on behalf of the said United States, against the schooner "Thornton," lier tackle, apparel, boats, cargo, and furniture, and against all persons intervening for their interest therein, in a cause of forfeiture, 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 1st day of August, 1880, within the limits of Alaska tiTritory, and in the waters thereof, and within the civil and judicial district of Alaska, to wit, within the waters of that portion of Bchring Sea belonging to the said district, on waters navigable from the sea by vessels of 10 or more tojis burden, seized the ship or vessel, commonly' called a schooner, the " Thornton," her tackle, apparel, boats, cargo, and furniture, being the property of some person or persons to the said Attorney unknown, as forfeited to the United States, for the 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 195(3 of the Revised Statutes of the United States. And the said Attorney saiih that all and singular the premises are and were true, and within the Admiralty and maritime jurisdiction of this Cnurt, and that by reason thereof, and by force of the Statutes of the United States in such cases made and provided, the afore-mentioned and described schooner or vessel, being a vessel of over 20 tons burden, her tackle, apparel, boats, cargo, and furniture, became and are forfeited to the use of the said United States, and that said schooner is now within the district aforesaid. Wherefore the said Attorney prays that the usual process and monition of this honourable Court issue in this behalf, and that all persons interested in the before- mentioned and described schooner or vessel may be cited in general and special to answer the premises, and all due proceedings being had, that the said schooner or vessel, her tackle, app;irel, boats, cargo, and furniture may, for the cause aforesaid, and others appearing, be condemned by the definite sentence and decree of this honourable Court, as forfeited to the use of the said United States, according to the form of the Statute of the said United States in such cases made and provided. (Signed) M. D. BALL, United States' District Attorney for the District of Alaska. AV hereupon 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 28tli day of August, in the year 188(3, by M. D. Pall, 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 fnrnit; .. , 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 tliat behalf fo be made, and that nil persons interested in the said schooner " Thornton," liur tackle, apparel, boats, cargo, and furniture, &c., may be cited in r neral [128J I ., B , > J ^.t II 66 and special to answer the premises, and all proceedings being had, that the said schooner " Thornton," her tackle, apparel, boats, cargo, and furniture may, for the causes in the said libel of information mentioned, be conde nned 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 information, that they be and appear before the said Court to be held in and for the District 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 j urisdiction, otherw'se on tlie next day of jurisdiction 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 writ. Witness the Honourable 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 1886 ; and of the Independence of the United States, the 111th. (Seal.) ANDREW T. LEWIS, Clerk. On September 6, 1886, was filed the following affidavit: — In the United States' District Court in and for the District of Alaska, United States of America. The United States of America v. the Schooner " Thornton." United States of America, District of Alaska, ss. C. A. Abbey, being duly sworn, deposes and says : — That he is, and at all times hereinmentioned was, a Captain in the United States' Revenue Marine, and in command of the United States' 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. C. Cantwell, Lieutenant ; J. U. Rhodes, Lieutenant ; J. H. Douglass, pilot. That owing to scarcity of provisions and fuel upon said cutter " Corwin," the snid "Corwin "and deponent and said witnesses will be obliged to and arc about to so to sea within five days, and out of the district in which the said case is to bo 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 > iHant and said witnesses forthwith. That Hans Guttormscii was master, and in possession of said schooner " Thornton " at the time of seizure thereof. (Signed) C. A. ABBEY. Subscribed and sworn to before me, this Otb day of September, 1886. (Signed) Andrew T. Lewis, Clerk. On the same day was entered the following order : — In the Matter of the United States v. Schooner " Thornton," Case No. 50 ; Schooner "Carolina," Case No. 51; Schooner " Onvmrd," Case No. 49,- Schooner "San Diego," Case No. 52. In the above entitica actions urgent necessity and griod cause appernng therefor from the affidavits of C. A. Abbey, now on motion of M. D. Ball, United States' District Attorney for Alaska, and Counsel for the United States herem, it is ordered that the depositions of the witnesses 0. A. Abbey, J. W. Howinon, J. C. Cantwell, J. U. Rhodes, J. H. Douglass, C. T. Winslow, Albert Leaf, 0. Wilhelm, Thos. Singleton, and T. Lorenseii be taken before the Clerk of the said District Court on Tuesday, the 7th day of September, 1880, at 7 o'clock p.m., or as soon thereafter as the matter can be reached at the olFicc of said Clerk at Sitka, Alaska ; and if not completed on said evening, then said schooner causes in the jf the United hornton,'' her tody until the rsons claiming )e condemned 36 and appear 4th October, 1 be a day of and there to make return and the seal ly of August, d States, the VIS, Clerk. OP Alaska, Fnited States' 'orwin." material and C. Cantwell, " the snid ;c to afo to nn 1)01 'led, and to a e the time of 3aid witnesses '•Thornton' . ABBEY. »0 ; Schooner hooner " San ing therefor ates' District e. ed that the U. Rhodes, igleton, and , the 7th day n be reached svening, then the taking of said depositions to be continued by said Clerk, from time to time, until com- l)letcd. That notice of the time and place of taking said depositions be served by the Marshal of said district on Hans Guttonnsen, James filakc, Daniel Munroe, and Charles K. Raynov, and upon W. Clark, Esq., Attorney at Law, or or before the 7tli September at 12 A.M., and that such shall be due and sufficient and reasonable notice of the taking of said depositions. Done in open Court this Gth day of iSeptembcr, 1886, now at this time W.Clark, Esq., being present in Court, waives service of notice. On the 7th day of Septcraber, 1886, was filed the following notice and return : — ^ In the United States' District Court in and for the District of Alaska, United States of America. The Unilvd States of America v. the Schooner " Thornton." To Hans Giittormsen greeting : you are notified that by < rder of Lafayette Dawson, judge of said District C mrt, the depositions of C. A. Abbey, J. C. Cantwell, J. U. Rhodes, anJ J H. Douglas will be taken before the Ocrk of .said District Court at his ofiice in Sitka in said district on 'lu'isday, the 7th September, 18P0, at 7 o'clock P.M., or as soon thereafter as the matter can bo reached, and if not completed on said evening, the taking of said depositions will be continued by said Clerk trom time to time until completed. Dated the 7th September, 1886. (Signed) ANDREW T. LEWIS, Clerk. United States of America, District of Alaska, ss. This is to certify that on the 7th day of September, 1886, before 12 o'clock noon of that day, 1 served the annexed notice on the within-named flans Guttormsen, at Sitka, District of Alaska, by then and there personally delivering to said Hans Guttormsen a copy of said notice ; and then and there gave him tlie privilege of being present nt the taking of said depositions. Dated the 9th September. 1886. (Signed) BARTON ATKINS, United States' Marshal. On the lOtli September, 18§6, were filed the following depositions : — 'Rsift In the United States' Disteict Court in and for the District of Alaska, United States of America. The United States v. the Schooner " Thornton," No. 50. Depositions of witnesses sworn and examined hofore me on the 7th day of Soptcmber, 1S8", at 7 o'clock p.m. of ,s,iid day, and on the 8th and 9tii September, 1886, ihereaftcr, 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 t) c said Court, luiide and entered in tho above eiititlcd action on tiic Gth Sei)tember, 1880, directing that the testimony and depositions of said witnesses be taken before mo at said lirst-montioned time and place, ari«l at. sui-Ii 8ui)sequent times as tlie takinjj of the same miglit bo continued to by me, in said action then and there pending in said District Court between tlie UnitcQ States as plaintiff and the schooner " Thornton " as defendant, on behalf and at tho in.stan.!e of the said plaintiflF the United States, and upon notice ol the time and place of the taking of said depositions served upon Hans Guttormsen, Die Captain of the said schooner, and in possession thereof at the time of seizure, and upon W. Clark, Esq., his Attorney, the owners thereof being unknown and without the jurisdiction of this Court. Captain C. A. Abbey, being duly sworn, deposes 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' Revenue steamer " Corwin, ' on special duty in Alaskan waters, (or the protection of the Seal Islands and of the Government interests in Alaska generally. [12ti] K 2 i 68 Q. What were you doinc; and what occurred on tlic 1st day of August In.st in the line of your duty P — A. I was cruizing in ikduing- Sea al)out 70 miles soutli-south-east from St. George Fshmd, in alxtut latitude and longitude . 1 found the four boats of the British steam-schooner "'riiornton," of Victoria, British Columhia, engaged in killing fur-seal. Eacli boat had in her from three to eight freshly killed seal, arms, and ammunition, rowers, and hunters, who stated that they belonged to the said scliooner " Thornton," and were engaged in taking or killing fur-seal. Some of them, if not all, were seen shooting at tlio fur-seal which were swinuning in their neighbourhood. On this evidence, I caused tlie vessel to be seized by Lieutenant Cantwell, took her in tow, and proceeded with her to Oonalaska, where 1 placed the vessel, cargo, tackle, furniture, and ai)purtcnanccs in charge of Deputy United States' Marshal Isaac Anderson, of Oonalaska, the cargo of fur-seal skins being stored in " Kcuch," in one of the warehouses of the Alaska Commercial 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 Stales' Marshal at Sitka. All of iliis proj)erty is now in the custody of the United Stales' Marslial at Sitka, including her arms and ammunition, whicli I brought to Sitka on the " Corwin." Q. Was this the vessel against which tiie libel of inrdruuition is filed? A. [t is. Q. Did this all occur within tlie waters of Alaska and the Territory of Alaska, and within the jurisdiction of this Court? — A. It did. Q. Did this occui within the waters of the sea navigable for vessels of 10 tons burden or over ? — A. It did. (Signed) C. A. ABBEY. Subscribed .and sworn to before me this 9th day of September, a.d. 1880, after having been read over Ijy me to dei)onent. (Seal.) Anuiiew T. Lewis, Clerk, United States' District Court. y Lieutenant John C, Cf.ntwcll, being duly sworn, deposes and says : — Q. State your name, occupation, and age. — A. John C. Cantwell, Third Lieutenant United States' Revenue Marine Service, at present on duty United States' Ecvenue steamer "Corwin," and over tlie age of 21 years. Q. Were you so on the 1st day of Vugust 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 bad about eight fur-seal aboard. The men in the boat were armed w itii brccch-loading rides. 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; 1 was sent on board the schooner, saw Hans Guttormsen apparently acting as captain, and Henry Xorman as mate. I asked them what they were doing ? The captain replied, " Catching seals." I signalled this to Captain Abbey, who directed mo to seize luer, which I did, and the " Corwin " took tlio schooner in tow. The fur soal in the boats were bleeding, and must have been killed within a few hours. Q. How many men were on board of the " Thornton " at the time of seizure ?— A. About fifteen. Q. Was this a reasonalde munber for ordinary purposes of commerce and naviga- tion ? — A. It was an unusually large number for the size of the vessel. Q. Do you recognize tins paper ? — A. I do. It is the olUcial inventory made l)y me of the furniture, tackle, and cargo of the schooner "Thornton" (inventory embiaccs the usual furniture, rigging, nautical instruments, boats and stores of a vessel of liiis 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 Lhiited States' Marshal, Oonalaska, the 14th August, 188G) ; the item 403 seal-skins mentioned in the inventory are fur seal-skins: this inventory gives a full and correct list of all the furniture, 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, (Signea JOHN C. CANTWELL, lird Lieutenant, United States' Revenue Marine. 69 In.si in tlic line lUtli-cnNt fVom . 1 found isii Coluinbiii, t'rcHlily liillcd lonj^cd to the eal. Somu of ming in their nant Cantwell, ! vessel, cargo, Mar.slial Isaac ich," in one of no boat of tho in custody of custody of the I I brought to A. [t is. jf Alaska, and sis of 10 tons A. ABBEY. \..v. 1880, after Sul)scril)cd and sworn to before mc this 'Jtii day of September, \.u. 188G, after having been read over by nic to deponent. (Seal.) Anujieav T. Lkwis, Ckrk, United States' District Court. ird Ijiculenant tates' Revenue . I saw a small fur-seal aboard, le Commanding ;cd up a second 1 in the second oner, saw Hans I asked Ihcni gnallcd this to win '' took tilt! ive been killc'il of seizure ?— ce and naviga- sntory made liv ntory embiiicts \ vessel of tliis n, and they arc ic 14th August, seal-skins : this of said vessel, le chronometer, on the " Siui nton " had four nilenant, lenue Marine. John U. Rhodes, being duly sworn, deposes and says : — Q. State your name, age, and occupation ? — A. Jolm U. liliodes, over 21 years of age, and Lieutenant in the United States Revenue Marine, and atlacbed to the Revenue earner "Corwin," and was so on the 1st August, ISSt). 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. Wo first picked up a boat bearing tiic name " 'i'hornton ;" it had about eight 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 afterwards picked up two more boats ; t'ne 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. These seal were most of them bleeding and evidently recently killed. The captain and several of the hunters said they had killeil twenty-one, 1 think it was, fur-seals that day, and would have got more if they had had more dayliglit and if the cutler had not come up. Q. Do you recognize these papers ? — A, I do. This paper marked (Ex. " Gr ") is the clearance paper of the schooner " Thornton " (this paper represents the British steam- schooner " Thornton," Hans Guttormscn, master, 22*C!) 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 liJth May, ISSo). This paper marked (E.k. " H ") is her bill of health (issued same date and place with clearance). I found these 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. ¥ovr rifles, shot-guns, 807 shot-gun cartridges, 420 rifle-gun cartridges, 108 lbs. powder, ' keg powder partly filled, 2 bags bullets, 11 bags buck-shot, "i bo.xes wads, 3.! boxes jjriuicrs. Q. What has become of these arms and ammunition ? — .1. They were delivered to the United States' Marshal at Sitka, and arc now in his custody. (Signed) JOHN U. RHODES, Lieutcmmt, United Slalen' Revenue Marine. Subscribed and sworn to before me this 8th day of September, .a.u. 1880, after having been read over by me to the deponent. (Seal.) Anuiiew T. Lewis, Clfrk, United States' District Court. John U. Rhodes, being duly sworn, deposes and says : — Q. State your name, age, and occupation ?— J. John U. llbodos, Lieutenant United States' Revenue Marine, al present on duty on the United States' Revenue steamer "Corwin,'" and over the age of 21 years, Q. State what nautical instruments, if any, were seized on the schooner " 'i'hornton " except such as are included in her general inventory ?— J. One chronometer, No. i;371, made by Kessels, 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. (Signed) JOHN U. RHODES. Subscribed and sworn to before me this 9th day of September, a.d. 1880, after having been read over by me to deponent. (Seal.) Andbkvv T. Lewis, Cleric, United States' District Court. J. H. Douglass, being duly sworn, deposes and says: — Q. State your name, age, and occupation ?-/i. J. H. Douglass, am over the age of 21 years, am a pilot in the Rcvcuuo Marine Service of the United States, and have beeu FT W' 'I i 70 so for the seven years last past. I am now and on the 1st August, 1886, was pilot on the Revenue steamer " Corwin." Q. State what occurred on the last-named day in connection with the sciiooner " Thornton " ? — A. We sighted a hoat on our port bow and soon after saw another boat, Bteamed 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 thrue men in the boat with arms, and six or eight dead fur-seoj, which had the appearance of having been lately killed. 1 asked the men what luck they had had. One of them replied, " We have six or eight, but not as good as 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 sighted a schooner drifting without sail or steam, 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 "Thornton," having dead fur-seal on board. This was in Behring's 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 'J'erritory. Q. State \rhat experience you have had in the fur-sealing business, and your know- ledge of the habits of the fur-seal ? — A. I have been cruizing 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 as conducted on those islands, and understand the migrating habits of the fur-seals. From about tlie 1st May to about the 1st July of each year the fur- seal is migrating north, and mostly through the Unimak and Akutan Passes to these islands for breeding purposes. They go to no othpr place in the 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 November of each year are migrating south through Behring's 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 30 miles wide, which seems to be their highway to and from said islands. The schooner " Thornton " and her boats when seized were directly on this track. (Signed) J. H. DOUGLASS. Subscribed and sworn to before me this 8th day of September, a.d. 1886, after having been read over by me to deponent, (Seal.) Andrew T. Lewis, Clerk, United States' District Court. In the United States' District Court in and for tee District of Alaska, United States' of America, The United States v. the Schooner " Thornton." No. 50. 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, directing that the testimony and depositions of the v.itnesses: C. A. Abbey, J, C. Cantwell, J. U. Rhodes, and J. H. Douglass be taken before me, the Clerk of said Court, at the time or times and place, and upon such notice as was specified in said order. Now, theretore, this is to certify : — Tiiat in pursuance of said order, on the 7th Sepiemltcr, 188ti, at 7 p.m., each and all of the above-named witnesses appeared before me at the Clerk's olhce of said Court at Sitka, District of Alaska, United States of America : tiiat M. D. Bail, 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 libollant iiereiu ; and W. Clark, Esq., then and there appeared on beiialf of, and as Attorney and Proctor for the said schooner and her owners herein ; and Hans Guttormsen 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, 1S86, and I continued the taking thereof on the 8th and 9th September, 1886, and completed the same on said last-named day. 'i'hat the said parties by their said Attorneys and Proctors then and there appeared, and were present on eacli of said last- named days, and at all times during the taking of said depositions. That each of said witnesses was first duly cautioned and sworn by me, then and there, that the evidence be %% , was pilot on the schooner another boat, .. The name ;e men in the ' having been replied, " We the boat and }at, finding it Bail or steam, 1 her she was more boats iehring's Sea, miles to the d your know- fifteen years the Pribiloff familiar with [rating habits year the fur- sses to these world except ith, and until 1 this season, the Pribiloff s very plenty lich seems to nd her boats •UGLASS. p. 1886, after I 7th day of smber, 1886, iy their said of said last- ^ach of said 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 due 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, 1886. (Signed) ANDREW T. LEWIS, Clerk, United States' District Court in and for the District of Alaska, United States of America, On the 20th day of September, 1886, was filed the following claim of Master for Owner : — In the United States' District Court foe the District of Alaska. (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, British Columbia, the owner of the said schooner " Thornton," her tackle, apparel, furniture, and cargo, as set forth in the libel of informa- tion herein, appears before this honourable Court and makes claim to the said schooner " Tliornton," her tackle, apparel, furniture, 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 Attorney for the District of Alaska. And the said Hans Guttormsen avers that the said J. D. Warren was in possession of the said schooner at the time of the attachment thereof. And that the said J. D. Warren above named is the true and bond fide owner of the said schooner, her tackle, apparel, cargo and furniture as seized by the said Marshal as aforesaid and that no other person is the owner thereof. Wherefore he prays to defend accordingly. (Signed) HANS GUTTORMSEN. Subscribed and sworn to before me this iSth day of September, A.D. 1886. (Seal) Andrew T. Lewis, Clerk of the United States' District Court for the District of Alaska. W. Clark and D. A. Dinglet, Proctors for Claimant. On the same day was filed the following amended libel of information. In the United States' District Court in and for the District op Alaska, United States' op America. (August Special Term, 1886.) To the Honourable Lafayette Dawson, Judge of said District Court : The 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 here 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 Serv-ce 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 ot Alaska heretofore, to wit on the Ist day of August, 1886, within the limits of Alask I- { 'ii 1 li 79 • Territory, and in the waters thereof, and within the Civil and Judicial District of Alas' ,i, to wit — within the waters of that portion of Bchring's Sea helonf^ing to the United States 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 : — One schooner "Thornton" of Victoria, British Columbia,four boats with oars, sails, and gear; carpenter's and caulking tools and materials: five tons of coal, ten yards of canvas, clock, chronometer, nautical instruments, provisions, sails and running gear, ropes, twine, lamps, oil, casks, buckets, engine and gear, twenty sacks of salt, 4U;J fur-seal skins, one hair-seal skin, three pup-seal skins, four rifles, six 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 and there duly commissioned and authorized by the proper Department of the United States to make said seizure. That all of said property was then and tliere 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 f ■! . jals within the limits of Alaska Territory and within the waters thereof, in violation o section lOiJG of the Uevised 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 Isaac Anderson, 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 Sitlia 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 the said M. D. Ball, Attorney as aforesaid, further informs and alleges : — That on the 1st day of August, 1886, Henry Xorman, 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 " Thornton " as seamen and seal-hunters, did, under the direction and by tlie authority of Hans Gutlormsen, then and there master ol said schooner, engage in killing and did kill, in the Territory and District of Alaska, and in the waters thereof, to wit, twenty fur-seals, in violation of section 19.56 of the Revised Statutes of the United States, in such cases made and provided. That the said 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 time of the killing of said fur-seals, and at the time of said seizure. And said Attorney saith that all and singular the premises were and are true and within the Admiralty and Maritime Jurisdiction of the United States and of this Honourable Court, and that by reason thereof, and by force of the Statutes in such cases made and provided, the aforementioned schooner, being a vessel of over twenty tons hurden, 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 usual process and monition of this Honourable 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 tn all persons to appear and show cause, on the return day of said process why said forfeiture should not be decreed ; and that after due 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 5iOth September, 1886. (Signed) M. D. BALL, United States' District Attorney for the District of Alaska. On the same day was filed the following demurrer : — In the United States' Distkict Court for the District of Alaska. United States v. J. D. Warren and Schooner " Thornton." — Demurrer. The demurrer of J. D. Warren, claimant of the property proceeded against in the «bove(ause to the information filed herein. 1. 'Jhe f-aid claimant by protestation, not confessing all or any of the matters ir. said amended information contained to be true, demurs thereto and says that the said matters in manner and form, os the same are in the information stated and set forth, art Toi t^ L •ict of Alaska, Llnitetl States J tons burden, rniture, being id property is jars, sails, and irils of canvas, , ropes, twine, ical skins, one id ammunition liorized by the United States nd engaged in era thereof, in t into the port ivson, a Deputy aid arms and ■ict and turned ' is now within lieges : — other persons hen and there nl-hunters, did, there masier ol of Alaska, and of the Revised nd other goods said schooner id are true and s and of this s in such cases er twenty tons id are forfeited onition of this d hereinl)efore to be given to y said forfeiture .id property lie states; and for ict of Alaska. Alaska. urrer. against in the of the matters M _ s that tlie said nd set forth, art 78 not sufficient in law for the United States to have and maintain their said action for the forfeiture of the property aforesaid. 2. Tlie said claimant by protestation denies that this Court has jurisdiction to determine or try the question hereby put in issue. a. And that the said claimant is not bound in law to answer the same. Wherefore claimant prays that said information may be dismissed with costs. (Signed) W. CLARK and D. A. DINGLEY, Proctors for Claimant, Which demurrer was overruled by the Court, and on the same day was filed the following answer : — In tub United States' Distuict Court for the District of Alaska. United States v. J, D. Warren and Schooner " Thornton." — Answer of Claimant. The answer of J. D. Warren, owner and claimant of the said schooner " Thornton," her tackle, apparel, cargo, and furniture, as the same are set forth in the information filed herein in behalf of the United States. And now comes J. D. Warren, claimant as aforesaid and for answer to the said infor- mation against the said schooner "Thornton," her tackle, apparel, furniture and cargo, as set forth in said information says that the said schooner " Thornton," her tackle, apparel, furniture, and cargo as set forth in tlie 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 claimant prays that said information be dismissed with costs of this claimant attached. (Signed) 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, District of Alaska, United States op America. United States 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 does not deny or admit any of the allegations of fact in said libel, but merely denies a conclusion of law. (Signed) M. D. BALL and W. H. PAYSON, Proctors for Libellant. September'!], 1886. Which exceptions were sustained by the Court, and on the same day was filed the following amended answer : — In the United States' District Court fob the District of Alaska. Unittd ii(jl:.'' V. J, D. Warren and Schooner "Thornton." — Amended Answer. To the Ho/!Ourab'i j Lafayette Dawson, Judge of the United States' District Court for the District of Alaska. Hans Guttormsen, master of the schooner "Thornton," intervening for the interest of and in behalf of J. D. AVarren, owner and claimant of said schooner "Thornton," 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 i follows : — 1. That he denies each and every material allegation in said libel of information ' contained ; [128] L ,.«^.. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 LiM2A |Z5 |5o ^^~ B^B 1^ Ui2 12.2 :!f 124 I. ^ im 1.25 III 1.4 1.6 ^ 6" ► V] Photogr^hic Sdences Corporation 33 WEST MAIN STRICT WEBSTM, N.Y. M580 (716)873-4903 \^' ■17 iV \\ ^ O^ .<^ % ^A" O^ m ! i 1 ,1 ^V ill 2. Denies that the said schooner " Thornton," her tackle, appnrel, furniture, :arf^o, and the property appertaining thereto, as set tbrtli and described in said libel of inl'orma- tion or any part thereof became forfeited to the United States ; 3. Denies that said schooner, her captain, oflicers, and ciew, or any one 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 Revised Statutes of the United States a.s set forth in said libel of information or at all ; 4. Denies that they killed any number of fur seal or other fur-bearing animals within the waters of Alaska or the Territory of Alaska or in any part thereof. C. That all and singular the premises herein arc trae. >Vliereforc said master prays that this Honourable Court will be pleased to pronounce against the libel herein and that the same may he dismissed with costs to the claimants to be taxed. (Signed) W. CLARK and D. A. DINGLEY, Proctors for Claimant. United States' District of Alaska, ss. Hans Guttormsen, being first duly sworn, says he is master of the schooner "Thornton," that he has heard read the foregoing answer and knows the contents thereof and that the same is true of his own personal knowledge. (Signed) H. GUTTORMSEN. Subscribed and sworn to before me this 22nd day of September, a.d. 1886. (Signed) Andrew T. Lewis, Clerk of the United Statei District Court for the District of Alaska. ■ Vj On the 4th day of October, 1886, the motion cited p. 64 was returned with the following indorsement : — Sitka 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 subject to the order of this Honourable Court ; And I have given due 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 he 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 r 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 new.spaper subsequent thereto, until 4th day of October, 1886. ;..... v (Signed) BARTON ATKINS, MflrsAa/, District of Alaska. Sitka, Alaska, October 4, 1886. IM On the same day was filed the following Decree : — In the United States' DrsTiiioT Court in and fou the District of Alaska, United Status op Amekica. ■ " United Stuten v. Ilie Schooner " Thornton." No. 50. The Marshal having returned on the monition i' -uod to him in the above entitled action that, in obedience thereto, ho has attached the said schooner *' Thornton," her tackle, apparel, boat;,, cargo, and furniture, and has given due notice to all persons claiming the same to appear before this Court on this 4th dpy of October, 1886, at 10 o'clock a.m., at the District of Alaska, United States of America, then and there tc 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 person having appeared, and no claimo or allegations having been made or filed herein by any other person or persons, and the usual proclamation having been made, and said cause 75 iture, cargo, 1 of int'orma- mc of them ' and within ' the United ing animals ;o pronounce be claimants :.EY, Claimant. be schooner tents thereof >RM8EN. 86. •v.: '."J • cd with the ittachcd the ;o the order and appear A.M., if the I thereafter, published in 4th day of ntil 4th day rshal, of Alaska, * k having been heard upon the pleadings and proofs, M. D. Ball, Eaq., and TV. H. Payson, Esq., appearing as advocates for said libellant, :ind W. Clark as advocate for said claimant, and said cause having been submitted to the Court for decision, and due deliberation being Imd in the premises, it is now ordered, sentenced, and decreed as follows : — 1. That all persons whatsoever other than said claimant be, and they arc, hereby declared in contumacy and default 2. That the said schooner "Thornton," her tackle, apparel, boats, and furniture, and her cargo of 403 fur-seal skins, and all other property found upon and appurtenant to said schooner, be, and are hereby, condemned as forfeited to the use of the United States. 3. That ''.less an appeal be taken to this Decree within the time limited and prescribed by law and the Rules 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 distributed according to law. Costs to be taxed are awarded against said claimant. Dated October 4, 1886. (Signed) LAFAYETTE DAWSON, District jndge. Done in open Court this 4th day of October, 1886, at Sitka, District of Alaska, United States' of America. (Signed) , Clerk. ' AliASKA, On the same day was filed the following motion to set aside Decree : — In the Unitkd States' District Couht for tue District or Alaska. United States v. J. D. Warren and Schooner " 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 the Decree rendered herein for the reason that the evidence produced on behalf of the United States is wholly InsutTlcient upon which to base said Decree. (Signed) 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 the United States' District Court foe the District of Alaska. United States v. 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 Court for an order on its clerk to prepare a complete transcript of the record herein, as tlie law requires. (Signed) W. CLARK and D. A. DINGLEY, Proctors for Claimant. ovc entitled rnton," her ns claiming >'clock a.m., rpose their the captain behalf of her person ein by any said cause On the 9th day of February, 1887, was entered tlje foUo-ving order : — In the Matter of the United States v. Schooner " Onward," Case No. 49 ; Schooner "Thornton," Case No. ftO; Schooner "Carolina," Case No. .M ; Schooner "San Dieijo," Case No. 52 ; Arms and Ammunition Schooner " Sierra," No. .'i? ; Arms and Ammunition Schooner " San Diego," No. 58. In the above causes, upon motion of the Attorney for the United States and argu- ment of counsel for the United States, and for the interveners in ^aid causes*, and consideration by the Court, it is this day ordered that writs of venditioni exponas do issue frqm the clerk of said Court to the Marshal of said District, for the sale of the attached [128] L 2 IT f ! I i' 76 vessels, with taeir tackle, cargoes, and furniture, of whatever description, and of the arms and ammunit* n attached :r. said causes. And as the said attached vessels, that the sale of the same (except the schooner " San Diego," which shall be sold at Sitkn) slinll be made at Port Townscnd, in the District of Washington Territory, and as to tlic seal-skins, part of the cargoes of said vessels attached, that sale of the same shall be made at San Frnnciscu, in the District of California, and that sale of said schooner " 8an Dic;;o," and all the other attached Eroperty be made at Sitka, in tlic District of Alaska. Thirty day.s' notice of such sale to e given at each of tlie places wlicrc the samu are to be mnde, by posting such notice, or by publication in some newspaper published at siioli places respectively. And that said Marshal do have the moneys arising from such sales, together with the writ commanding 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 September, 1887, and that he then pay the same to the clerk of said Court. Clerk's Office, United States' District Court, District of Alaska, Sitka, March 10, 1887. I, Andrew T. Lewis, clerk of the said Court, do certify that the foregoing transcript of the record in the case of the United States v. 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 exhibits referred to in the testimony therein, the purport of which only is stated, and that the purport of said exhibits is correctly stated, as the same appears of record at my office and in my custody. Witness my hand and the seal of said Court, this 10th day of March, 1887. (Seal.) ANDREW T. LEWIS, Clerk. No. 44. The Marquis of Salisbury to Sir L. West. (Telegraphic.) Foreign Office, August 2, 1887. I HAVE received your despatch of the 12th ultimo. Were judicial documents communicated without observation by the United States' Government ? No. 15. Sir L. West to the Marquis of Saliaburii. — (Received bij telegraph, August 4.) My Lord, Washington, August 4, 1887. I HAVK the honour to inform your T.ordsliip that the judicial documents alluded to in your Lordship's telegram of tlie 2n(l instant were, at my request, forwarded to me by the Secietary of State, (or tiic inl'orniation of Her Majesty's Government, and were unaccompanied by iiny observations. I have reason to think that no step will be taken in the matter of the seizure of sealers in Bchrinii's Sea until the case against the captain of the " Corwin," which will be tried at Boston, has been heard. 1 have, &c. (Signed) L. S. SACKVILLE WEST. No. 40. The Marquis of Salisbury to Sir L, West. Sir, Foreign Office, August 10, 1887. I HAVE to inform you that a telegram has been received from the Commander-in- chief of Her Majesty's naval forces in the Pacific, dated Victoria, British Columbia, on tlic 7th instant, tVom which it appears that an American Revenue vessel had seized three more British Columbian scaling schooners when a long distance from lant|, and that 77 nd of the arms uing transcript they had been taken to Sitka. He further stated that several other vessels in sight from Sitka were being towed in. It will be within your recollection that in the correspondence which has recently token place in regard to the previous seizures of three British vessels by the United States' Revenue cruizcr " Corwin," Mr. Bayard stated in a note dated the 3rd February (a copy of which accompanied your despatch of the following day), that "without conclusion at this time of day 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 all pending proceedings, the discharge of the vessels referred to, and the release of all persons under arrest in connection therewith." I request that you will at once communicate to the United States' Oovemment the nature of the information which has reached them in regard to these further seizures of British vessels by the United States' authorities. You will at the same time say that Her Majesty's Government had assumed, in view of the assurances conveyed to you in Mr. Bayard's note of the 3rd February last, that pending a conclusion 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 United States' Government. I am, &c. (Signed) SALISBURY. ,LE WEST. No. 47. The Marquis of Salisbury to Sir L. West. Sir, Foreign Office, August 10, 1887. I HAVE to acknowledge the receipt of your despatch of the 12th ultimo, inclosing printed copies of the records in the United States' District Court for the District of Alaska in thj cases of the British Columbian sealing schooners " Onward," " Carolina," and " Thornton." I should be glad if you would inform me whether the owners or masters of any of these vessels 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 furnished with a full Report of the proceedings at the trials of the masters, which resulted in their conviction, and sentence to imprisonment and fine. I have further to request that you will endeavour to ascertain and to report to me when it is probable that the appeals referred to in your despatches of the 2nd April, 1887, ond of the 6th May, 1887, respectively, of the owners of the American ships which were seized on similar grounds, will come on for hearing, and whether any arrange- ment has been, or can now, in your opinion, advantageously be made between the owners of the British and American vessels on the one side and the Government of the United States on t!.c other, that one of these cases should he regarded as a test case, by which, in so far as the American legal Tribunals arc concerned, the remaining cases might be held to he concluded. It must, however, he clearly understood 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 Courts, and would in no degree limit the right of Her Majesty's Govern- ment, after all such legal remedies were considered to be exhausted, to intervene through diplomatic channels and on international grounds on behalf of such masters or owners. It is presumed that the records of the proceedings in the cases of the seizures of the British schooners which accompanied your despatch were communicated officiaily to Hei Majesty's Legation, and, if so, i request that you will furnish me with a copy of the note by which they were accompanied. I am, &c. (Signed) SALISBURY. No. 48. Sir L. West to the Marquis of Salisbury. — {Received August 26.) My Lord, « irf^ Washington, August 15, imi. IN obedience to the instruction contained in your Lordship's despatch of the 10th instant, I informed the Secretary of State t^at three British Columbian schooners r 'I III had been seized in ikhring's Sea by the United States' cruisers a long distance from Sitiayurd states that he can discover no ground whatever, from the expressions cuniaincd in liis note referred to, for the assumption by Her Majesty's Government that it contained any such assurances, but that ho will ascertain without delay whether the circumstances attendant U|h}|. the cases of the seizures in i|uestion are the same as those which induced the Executive to direct the release of the vessels mentitnied in his note of the 3rd February. I have, &c. ,1,, (Signed) L S. SACKVILLE WEST. 7 '•;.'-] - Inclosure I in No. Ih. Sir L. IVest to Mr. liayunl. Sir, Washington, August 11, 1887. I HAVE t'sie honour to inform you that Her Majesty's Government have received a telegram from the Commundcr-in-ehicf of Her Majesty's naval forces in the Pacific, dated Victoria, British Columbia, 7th August, reporting the seizure by United States' cruizers of three British Columbian sealing schooners in Jkhring's Sea, a long distance from Sitka, and that several other vessels were in sight being towed in. In convoying this information to you, 1 am requested at the same time by the Marquis of Salisbury to state that, in view ot the assiurances given in your note of the 3rd February last, Her Majesty's Government had assumed that pending the conclusion of discussions between the two Governments on general questions involved, no further seizures would be made by order of the United States' Government. I have, &c. (Signed) L. S. SACKVILLE WEST. Inclosure 2 in No. 48. Mr. Bayard to Sir L. West. • Sir, Department of State, Washington, August 13, 1887. I HAVE the honour to acknowlcidge the receipt of yournote of the 11th instant received yesterday afternoon, informing me of a telegraphic communication from the C<)inman(ler-in-chief of Her Majesty's naval forces in the Pacific, dated at Victoria, British Columbia, August 7th, reporting the seizure of three British Columbian sealing schooners " in Bchring's Sea, a long distance from Sitka," and that " several other vessels were in sight being towed in." T!ie reference to my note to you of the 3rd February last, which you make under the instruction of the Marquis of Salisbury, has caused me to examine the expressions contained therein, and I can discover no ground whatever for the asiumption by Her Majesty's Government, that it contained assurances " that, pending the conclusion of discussions between the two Governments on general questions involved, no further seizures would be made by order of the United States' Government." Until your note of the 1 1 ih instant was received I had no information of the seizure of the sealing vessels therein referred to, and have no knowledge whatever of the circumstances under which such seizures have been made. I shall at once endeavour to supply myself with the information necessary to enable me to reply to you more fully. The cases of seizure referred to in my note of the 3rd February, 1887, had occurred during the previous August, and upon the basis of the information then obtained I wrote you as follows : — " In this connection 1 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 all pending I LLE WEST. 79 proceedings, the discharge of the vessels referi-ed to, and tho release of all persons under arrest in connection therewith.'" Having no reason to anticipate any other seizures, nothing was said in relation to the possibility of such an occurrence, nor do I find in our corrt'spondence on the subject nnv grounds for such an understanding'; as you inform mc had been assumed to exist by Her Brilannic Majesty's Government. A short timo since, when you called upon me and personally obtained copies of the record of the judicial proceedings in the three eases «.f sei/.urc in August last in Hcliring's Sea, nothing was said in relation to other cnses. Whctht-r the oircumslances attendant upon the cases which you now report to uio arc the same as those which induced the Executive to direct the releases referred to remains hereafter to be ascertained, and this with as little delay as the circumstances, will permit. I have, &c. ' ,;••.-.. (Signed) T. F. BAYARD. No. 4.0. Admiralty to Foreifju Office. —{Received August '21 ) ^ ' ,"^, ..;•. (Extract.) AdmiruUij, Auyusl 21, 1887. I AM commanded by my Lords Commissioners of the Adn\iralty to send you here- with, for the perusal of the Marquis of Salisbury, extract from a letter from the Commander-in-chief on tho I'acitio Station, dated the 5th August, reporting the seizure of a sealing-schooner, named the "Anna Beck," by an American ilevenue vessel in Bchring's Sea. LLE WEST. Inclosure iu No. 49. Rear- Admiral Culme- Seymour to Admiralty. • . "•: ,ii'' [(Extract.) "TViumph," at Esquimalt, August 5, 1887. SINCE my return I lioar that the "Anna Beck," a sealing schooner, has been seized by an American Revenue vessel in Behring's Sesi — it is reported GO miles north-east from St. George's Island ; but no reliable information as to the spot has yet reached me. As soon as it does I will forward particulars. Bsary to enable No. 50. Sir L. West to the Marquis of Salisbury. — {Received September 1.) (Extract.) ' Washington, August 20, 1887. IT would appear from Reports of Captain Shepard, of the United States' Revenue cutter " Rush," that the "Say ward " was cajjtured 50 miles and the " Dolphin * 40 miles from Cape Cheerful, while the " Grace'' was seized 95 miles from Ounalaska. Cape Cheerful does not appear on any Map or Chart, but is supposed to be the northernmost point of the Island of Ounalaska. The Islands of St. Gtorge and St. Paul (Pribylov Islands) are distant 180 miles from Ounalaska, so that at the time of the seizure of the " Grace" that vessel would have been 85 miles 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 Ounalaska from the Island of Akutan, and that which separates Akutan from the Island of Unimak, called respectively the Akutan and Unimak passes, and it is hero that the sealers lay in wait for them on their passage. It is maintained that the capture o( seals in Uiis n. aimer is in violation of section 195fi of the Revised Statutes of the United States, and that shijis so capturing them are within the limits of Alaska territory or in the waters thereof. But, apart from the question of territorial limit and right to seize vessels in the open sea, it is argued by impartial persons that unless sonie arrangement is made for the protec- tion of these valuable animals on their passage to the breeding-grounds, the genus, us in the a ' of beaver, will gradually become extinct. m t! 1 . 80 It is a known fact that few, if any, seals pass outside the Island of Ounalaska to their breeding-grounds, which exist only ou the Pribyluv Islands, and that their passage it 08 i-c^uliir us their breeding season. * . No. 61. Sir L, West to the Marquis of Salisbury, — (Received September 1.) My Lord, Washington, August 22, 1887. SINCE writing my preceding despatch I have received privately from Mr. Bayard copies of the Reports of Captain Shepard, alluded to therein, respecting the seizure of the British vessels "Anna Beck," "W. P. Say ward,"' "Dolphin," and "Grace," copies of whici I have the honour to inclose to your Lordship herewith. The State Department is not in possession of any further information. I have, &c. (Signed) L. S. SACKVILLE WEST. P.S. — I have communicated copies of Captain Shepard's Ileports to the Governor- General of Canada. L. S. S. W. Inclosurc 1 in No. 61. Mr. Fairchild to Mr. Bayard. Sir, Treasury Department, August 19, 1887. I HAVE the honour to acknowledge the receipt of your letter of the 13tli instant, in which you refer to information received through the British Minister as to the recent seizures by United States' cruizers of three British Columbian sealing-scliooners in Behring's Sea, and request such information as this Department possesses or can obtain from its Agents relative to said seizures ; and, in reply thereto, I inclose herewith copies of the Reports of the Captain of the Revenue cutter " Rush," dated the 4th, 11th, and 18th ultimo, reporting the seizures of the British steam-schooner " Anna Beck " on the 2nd, the British steam-schooner " W. P. Sayward" on the Dth, the British steam-schooner "Dolphin" on the 12th, and the British steani-schooner "Grace" on the 17th ultimo. Rcsjiectfully yours, (Signed) C. S. FAIRCHILD, Secretary. Sir, Inclosure 2 in No. 51. > > Captain Shepard, U.S.R.M,, to Mr. Fairchild. United Slates' Revenue Marin" Steamer " Rush," Ounalaska, A. T., Juh 4. 1887. I HAVE the honour to report to the Department the seizure on the 30th June of the schooner "Challenge " of Seattle, Washington Territory, H. B. Jones, master, and Albert Douglas, of Seattle, Washington Territory, President of the Douglas Fur Company, managing owner, for violation of section 1961, Revised Statutes, — the having skins of female fur-seal and skins of unborn seal on board, which latter the captain and mate admitted were taken from the female seal killed by themselves or the crew of the vessel. The " Challenge " when found was anchored at Akoutau Island, Alaska : I took her in tow of the " Rush," and proceeded to Ounalaska and delivered her skins, 151 in number, to the United States' Deputy Marshal at this place, and have taken her arms and ammunition on board the "Rush" for safe keeping. The crew, consisting of fifteen men all told, were shipped at Port Townsend, Washington Territory, by H. Bash, United States' Shipping Commissioner, and were found present, excepting Wni. Couratz, of Germany, seaman, whom Captain Jones reports was taken sick and sent ashoi-e at Goose Island, British Columbia, and Hines, an Indian of British Columbia, was shipped in his stead at that place. On the 2nd July, in latitude 54° 68' north and longitudn 167° 26' west. Cape Cheerful, Ounalaska Island, bearing southoeast ^ east, 66 miles, I boarded and examined Ouimlaska to loir passage it •) It 22, 1887. m Mr. Bayard seizure of the opics of whici LK WEST, the Govcrnor- .. S. S. W. 81 the British steam-schooner " Anna Heck." of Victoria, British Columbia, T-ioui* Olsen, master, Joe flosquit, of ictoria, British Columl)ia, nianii^ini; owner, on a seaiina; voyage, and havine about 334 seal-skins on l)oar(l, ninctpon of wliich the captain admitted were taken in Behring's Sea. His boats had recently been taken out of tiic water, and considerable fresh seal blood and gurry were found on deck, indiciitiiii,' tliiit seal bad liivn ski.iued and dressed on hoard that day. I seized the vessel lor violation of section 19.')G, Revised Statutes, took in tow, and proeecdeii to Ounalaska. This vessel was seen on the ;i()th .lune, in nearly the same position ns when we toinid her, by Captain Aau:e, of tlic steamer "Dora," with several boats out liiisitinf; seal. I found on board a crew ot nineteen men all told (seven wiiitc and twelve Indians), and the captain reported that on tie ;U)tli .lune two bouts contninin;.; two Imiians each were lost in the fog and could not be round, in addition to the above number. I have delivered the; "Anna lleek," with outfit and iV-W seiii-skins, to the United States' Deputy Marshal at Ounalaska. No arms or ammunition were found on board. As the officers of these vessels have to be taken luforc the United States' District Court at Sitka for trial, to which place theie is no estai)lislied mode of eonvcyance Irom here, 1 have placed the olhceis and cicws of both vessels on board tiic schooner "Challenge" and dispatclied lU-DJamin l seal-skins ftmnd on board to the United States' Deputy Marshal at this place, and will send the vessel and her crew to Sitka, Alaska, in charge (jf one of the crew of this vessel duly qualified as a United St;>tes' Deputy iMaishal, with instructions to deliver the vessel with her outfit, tlie captain and mate, to the United States' Marshal at Sitka on arrival at that jjort, and to set the crew at liberty. I am, &c. (Signed) L. G. SHEPARD. ta : I took her skins, 161 in her arms and irt Townsend, nd were found s reports was an Indian of !6' west, Cape and examined Inelosure 4 in No. 51. Captain Shepard, U.S.R.M., to Mr. Fairchild. ' ' United Stales^ Revenue Marine Steamer " Rush," Sir, Outialaska, Alaska, July 18, 1887. I HAVE the honour to inform the Department that on the 12th July in the Beliring's Sea, latitude 54° 38' north, longitude 167° 30' west. Cape Cheerful, Ounalaska Island, bearing south-east ^ south, 40 miles distant, 1 boarded and examined the British steam- schooner "Dolphin," 60 ^^; tons register, of Victoria, British Columbia, J. D. Warren, [128J U I" I 82 master and managing owner, and found her to be on a scaling voyage. The vessel had been three days in the Behring's Sea, and had 018 seal-skins on board. Ten canoes and one boat were out hunting seal at the time. Prom the canoes twelve or more dead seal were taken on board the schooner while wc were near her, and three skins from seal recently killed were found in the boat. Seized the vessel for violation of section 1956, Revised Statutes, and tninsferied her arms and riinmunition on hoard the " Rush," viz., 4 brei'eii-loading rides, 20 brecch-loadini; siiot guns, 10 muz/le-loading shot guns, 1 bomb gun, -1 revolvers, ;^'1()4 rounds aniniunition fi)r hnech-loadinj; rifles, 250 rounds ammunition for siiot guns, 4 kegs jiowder, 50 lbs. shot and other small ammunition. Seized tiie 4 hreeeh-loading rifles and annnunition for same for violation of section 1955, Revised Statutes, and section 4, I'.xecutive Order No. M, dated the 4th May, |H87. 1 placed Lieutenant Dunwoody in eliarfic, with iiistrnetions to take her into Ounalaska, where she arrived the following day. 'Ihn crew consisted of seven wliitc men and twenty- six Indians from British Columbia. On the 17th July, in the Ikhring's Sea, latitude 5.')" :V north, longitude 168° 40' west, Cape Cliccrful, Ounalaska Island, bearing south-east I east, !)(» miles distant, . boarded and examined the Hritish steam-schooner " Gniee," 7() ,V(i tons register, of Victoria, British Cokimbia, William Petit, master, and J. 1). Warren, of N'ictoria, British Columbia, managing owner, and found her to be on a sealing voyage ; had been ten days in the Behring's Sea, and had 7t>9 seal-skins on board. When boarded she had twelve canoes and one boat out hunting seal. Saw one seal shot and taken into the boat while wc were near her. Counted twelve seals taken on board the schooner from one canoe, and all the canoes contained more or less seals recently killed. Tiic caj)tain reported taking ninety seals during the day and l.'5() the day previous. Seized the vessel for violation of section 1956, Revised Statutes, and two breech-loading rifles and ammunition for same; for violation of section 1955, Revised Statutes, and section 4, Executive Order No. .OS, dated the 4th May, 1887. Her crew consisted of (i white men, 24 Indians, and 1 Chinaman. Placed Lieutenant Benhauj in charge, and after waiting seven hours for her canoes '.o return — some of which had been a long distance from the vessel — took her in totV and proceeded to Ounalaska, arriving at 9"'50 A. jr. I have delivered the seal-skins from these vessels to the United States' Deputy Marshal at tliis place, and will send the vessels in charge of men from this vessel duly qualified as United States' Deputy Marshals to Sitka, to be delivered to the United States' Marshal for the district of Alaska. By request of Captain .). D. Warren, of the " Dolphin," managing owner of the schooner " Anna Beck " (seized the 2nd July, as previously reported), I will send her to Sitka in like manner. Also on the Kith July, in the Behring's Sea, in latitude 55° 46' north, longitude 170" ."^8' west, Delnoi Point, St. George's Island, bearing north 30° cast, 68 miles distant. I boarded and examined the schooner " Lily L.," 63 tons register, of San Francisco, California, J. W. Todd, master, and C. D. Ladd, of San Francisco, managing owner, and found her to be on a sealing voyage. Had three boats out at the time, 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 purpose, and had taken seal in the Behring's Sea, and claimed a right to do so anywiiere outside the 9-mile limit from the shore. I seized the vessel for violation of section 1956, Revised Statutes. There being only two commissioned oflScers on board this vessel, I placed Boatswain 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 under- take to tow her to thUt place. On her arrival I will make further report to the Department. I am, &e. (Signed) L. G. SHEPARD. •I'i ■I;. il ; p i No. 52. Admiralty to Foreign Office. — {Received September 7.) Sir, Admiralty, September 5, 1887. I AM commanded by my Lords Commissioners of the Admiralty to transmit to you herewith, for the pci-usal of the Marquis of Salisbury, the accompanying copy of a letter of the 9th August from Rcar-Admiral Sir M. Gulme-Seymour, with its inclosures, The vessel hud 'en canoes and more dead seul tins from seal * section 1956, '• Rush," viz., guns, 1 bomb , 250 rounds I nninmnition. section 1055, May. 1H87. 1 ito Oiiiialiiska, Ml and twenty- 168" 40' west, ant, '. boarded r, of Victoria, lisli Columbia, n days in the twelve canoes wliilo we were oc, and all the talving ninety II- violation of tion for same; ;)rdcr No. .W.. ccd Lieutenant turn — some of 1 proceeded to I these vessels Is in cliarge of to Sitka, to be owner of the ill send her to orth, longitude miles distant, San Francisco, ng owner, and ic of which on and Mr. Ladd, rpose, and had side the 9-mile lerc being only r on board the take her into time to under- SHEPARD. \her 5, 1887. to transmit to mying copy of its inclosures, ^. respecting the seizure of the British Columbian sealing-schooncrs " Anna Ilcck " and " W. P. Sayward," by an American Rovcnue steamer in the Hehring's Sea. I am to request that these documents may be tbrwarded to tiie Colonial Office, with a request that they may eventually be returned to thiH Dep-.rtment. 1 am, &c. (Signed) R. D. AW DRY. Inclosure I in No. 52. Rear- Admiral tfciimoiir It Admiralti/. Sir, " Triumph," at ExquimnU, Auijunt 0, 1887. IN confirmation of my telegram of the fith instant. I have the honour to report the British Columbian sealing-schooncrs "Anna Meek," " Dolphin," and •' W. P. Sayward" were seized in the Behring's Sea, between the 2nd and 12th Jidy bust, by the American Revenue steamer " Rush," and were towed to Ounalaska. Mr. Andrew Idling, mate and part owner of the " W. P, Sayward," came down here and returns to-day to Sitka. Jle baa made tlie following statement to me : — " The • \V. P. Sayward,' of Victoria, entered Behring's Sea on the 2nd July, having on board 479 skins, procured off the west coast of Vancouver Island, &c. On the 9th she was seized by the ' Rush ' about .'iO miles to the northward and westward of Ounalaska, and was towed to Ounalaska, wbicli took twelve hours. The skins on board were put into a lighter and taken to the Alaska Commercial Company's store. A (juarter- master was put on board and the schooner sent to Sitka, the captain and myself l)cing brought before Judge Dawson and bound over to appear on tlie 22nd August to answer^a charge of killing seals in American waters.' " No seals whatever had been taken since wc entered Beining's Sea." I am informed that as the " Olympian,'' an American excursion steamer, was leaving Sitkn, she saw a steamer coming in witli several .schooners in tow. I inclose a copy of the indictment against the " W. P. Sayward," a copy of thc'declura- tion made by Mr. Andrew Laing before a Notary Public at Victoria, and alsd a cutting from the Victoria " Daily Colonist. I have, &a (Signed) M. CULME-SEYMOUR. Inclosure 2 in No. 52. In the District Court of the United States for the District of Alaska. United Stales v. Geo. R. Ferry and A. Laing. — Information. District of Alaska, ss. (JliOllGE R. FERRY and A. Luing are accused by M. D. Ball, United States' District Attorney for Alaska, by tiiis information, of the crime of killing fur seals within the \y!jters of Alaska Territory, committed as follows : — The said (Jcorge R. FeVry and A. LainL', on tiiu 8th day of July A.n. 1887, in the District of Alaska and within the jurisdiction of this Court, to wit, in jkhring's Sea, within the waters of Alaska Territory, did kill ten fur seals, contrary to the Statutes of the United States in such case made and provided, and against the peace and dignity of the United States of America. Dated at Sitka the 23rd day of .luly, 1887. 1, jM. D. Ball, United States' District Attorney for Alaska, being duly sworn, say the widiin inlormatio'.i is true, as I verily believe. (Signed) M. C. D. BALL. Subscribed and sworn to before me, this 23rd day of July a.d. 1887. (Signed) II. E. IIaydox, Ckrk (By A. A. Meyer, Deputy Clerk). 1 certify that the within is u true copy of the information filed in the cause. (Signed) H. E. I Iavdon,' C/erA (By A. A. Meyer, Deputv Clerk). L'28] ■ ;^j 2 II n i I n i:i 1 ; > i ' ! 1 I I ii J 'V. ^ \ , 11 1 St Personally a|)|)cared before me, Montague W. Tyrwhitt Drake, Notary Public, duly authorized, ndniiltcd, and Hworn, regjilin^ and practiitinK in Victoria, British Columbia, Andrew l^itinn, mate oC the Hritinh Hchoorier " NV. I*. Sayward," who states the above- written information was served upon him by Mr. M. D. Ball on tife 2.'lrd Jt'ly, IH87. (Signed) M. VV. Tviiwinrr Diukk, S'otinii PMic. IneloHure 3 in No. .')2. Drcliirittioii. I, ANDRI'^W LAING, of Victoriii, mute of the British schooner " W. P. Sayward," do solcmidy and sincerely declare tliat I lelt Vietoiia, Mritisit Columhia, in the schooner " W. P. Sayward " on the Kith day of Miiy, 1KS7, hound on a sealnif? vovftKiN with a crew of seven men and sixteen Indian hunters with ei(|ucnce. On tiic 9th July we were captured by the United Slates' steamci " Richard Hush," being then from HO to 40 miles oH' the nearest land. We were taken in tow to OunalasUa, where we arrived on the lOth July, and they laid us alongside the steamer "St. Paul," l)^lon^iug to tiie Alaska Commercial Company. They removed the seal-skins and took them asiiore to the wharf and put them in the Company's warehouse, and they resalled the skins with suit taken from our vessel. They put an oliicer from the " Uush " on hoard and towed ns out to sea and told us to go to Sitka. Wc arrived then? t.i; tlie '2'2\u\ ,Iuly and on the ne.\t day an investigation was held before Judge Dawson, who bou"d ;is over to appear on tin- '2iml August for trial. The vessel was left in charge of the United States' odicers, and we were only allowed to remove our clothing. The Indians were left to tind their way homo as they could; they were about "00 miles from their villages. I further say that when we were taken I spoke to the Captain of the " Rush " and told him we had not taken a seal in Behring's Sea ; he replied : " 1 nni sorry for you ; I have to obey orders, and take every- thing I come across in Behring's Sea." And I make this solemn declaration by virtue of the Act passed in the thirty-seventh year of Iter Majesty's reign, intituled, "An Act for the Suppression of Volmitary and K.xtra-Judicial Oaths." (Signed) A. LAING. Taken and declared before mc at Victoria, this 8th day of August, 1887. (Signed) M. W. Tyuwiiitt Diiake, Nolan/ Public. Inclosure 4 in No. 52. Extract from the " Victoria Daily Colonist" of August 6, 1887. SB.vtER8 Seized. — Anotheh Piratical Act hy tiik American Revenue CuTTEiis. — The " Olympian," which arrived from Sitka yesterday, brought the startling news that another lot of Itritish and American schooners had been captured by the Revenue cutter " Rush," and taken to Sitka, and that as the steamer Wi.j leaving the Revenue cutter again hove in sight, having a nuinher of schooners in tow. Those in Sitka are the Victoria schooners " Dolphin," " Anna Beck," " (Jrace," " W. P. Sayward," and the American schooner " Challenger," of Seattle. With the schooners seized last year this makes seven British vessels now in charge of the Alaskan authorities, and they will, no doubt, be added to, as it seems the intention of the Americans to seize every schooner that they can secure anywhere within the waters of Behring's Sea. It was not thought probable that such measures would have been taken in the face of information received from Washington and Ottawa ; however, a lack of diplomacy or of energy seems to have prevailed, and no decisive answer was given to the oiiicial queries made to the United States' authorities in regard to the programme they purposed following during the present season. The following statements of several of the captured sealers is taken from the "Alaskan" of the 30th July :— Captain Olsen, of the steam-schooner "Anna Beck," stated : — " I left Victoria on the 7th February last, clearing at Ihe Custom-house f.i- t^j purpose RR ^ublic, duly I Columbia, the abn ve- ins?. lyward," do 11! schooner with n crew I seuling off tlio Pacific 211 Uiniiuck I foggy, and lard Hush," nd they laid Company. Iietii in tlie ssel. Tliey us to go to on was held trial. The allowed to hey could; n we were en a seal in take evcry- )y virtue of An Act for LAING. Revknue le startiing red by the caving the )se in Sitka ward,'" and St year this ey will, no looner that ■it t of n scaling and tiHlting trip to the west coast of Vane ouver Island, the North Pacific Ocean, and the HehrinR's Sea. "At the time the papers weru issued by Mr. A. H. Milne, Collector of C'ustoms, he made no obHcrvatioii about my vessel fishing; in lichrini^'H Sea ; neither did I sny any ihinL' to him. I supposed, from the fact that the papers were issued givini; me such permission, there was no reason why I should not fish in Mchrinf;'s Sea, and had I antici- pated that there would be any trouble 1 would not have started on a voyage for sucli u purpose. " It was the common talk amongst the people of Viftoria that we v.ere perfectly safe in fishing, as the American (Sovernment would not make any seizures this season. I don't undeisland why my vessel was seized, as personally I was not en;,'aL;ed in eatehinj; stals. I purchase the seals from the Indians tor the owners of the schooner, and I have no control whali'ver on the natives after tiiey leave the vessel in tlicir own cunocs. I am not responsililc if they catch seals after they have left the schooner's side ; they can come and go when they please." (ieorge R. Ferry, the Captain, A. Liing, the mate and part owner of the British schooner " \V. P. Sa\ ward,"' and Miclincl Kecfe. male of liie " Ai.na Heck," said : — "We have heard rcad the statement of Captain Olscn, and agree witli it in every particular." "Michael Kecfe: ' It is certainly a 8tran'j;e thing t'nr the Custom-house at Victoria to have issued papers to us permitting fishing in liehnii^ 'M-a. If it was not legal, why should the Collector have cleaicd the vessel"- The gu.i.ai idea of .sulcrs is that no Custom-house will issue papers to any vessel to go and 'lo an illeijal act.'" "Caj)tain 11. IJ. .lones, of the American schoo'-er • Challenger:' — 'I left Seattle on the l.''.th April last, clearing at Port Townsend at ; .le C'u!>n/m-honsc for a hunting and walrus trip to the North Pacific and Arctic Oceans. 1 seal' d U| the coast .'iO or 40 miles frr.i' I ire as far north as the Aleutian Islands. I have iie\er lislied for seaU in llehring's Sea. .My schooner was seized in .\kutan Harbour, whi.'iei 1 pror-eedcd for the purpose of cleaning the bottom of the vessel and taking in a su|>|ily of water. The harbour is on Akutan Island, situated nearer the Pacific Ocean t!um tiie Hehring's Sea. Then' are two passages between the North Pacific Ocean iuid the liclninij's Sea at that point, one being through Akum Pass and the other through L'nimak Pass. The Akuui Pass being full of reefs and the Unimak Pass being comparatively safe I chose the latter, inleiuliMg lo clean my vessel and take in a supply of water. When anchored llicre I h...' not (juito decided whether to come back in the Pacific Ocean or to keep on north, bound for tlu! Arctic Ocean, my destination. The charge against me is of etching seals in Alaskan waters, that is, within 3 leagues of shore. Any one who knows anything of sealing is aware that such a charge is ridiculous, as we never look for seals within 20 miles of shore. They are caught all the way from between 'JO and I. '50 miles of the land. The seals we j)acke(i np on our vessel were shot between Cape Mattery and Saunakh, situated 40 miles south and east of Uninuik Islaiul. All this territory lies within the North Pacific Ocean." What makes the present seizures more inexplicabh is the fact that the British schooners seized last year were ordered to be released l)y Attorney-(ieneral Garland, as is shown by the iollowing copies of the orders in the possession of Carne and Munsie, of this city : — (Copy of Telegram.) " yVashinyton, D. C, January 26, 1887. "To Judge Lafayette Dawson and Mr. D. Ball, District Attorney, Sitka, Alaska. " I am directed by the President to instruct you to discontinue all further proceedings in the matter of the seizure of the British vessels * Caroline,' ' Onward,' and 'Thornton,' and discharge all vessels now held under such seizure, and release all persons that may be under arrest in connection therewith. (Signed) "A. H. Garlaud, Attorney-General." (Copy of Order.) " To Barton Atkins, United States' Marshal for the District of Alaska. " You are hereby directed to release the vessels * Carolina,' ' Onward,' ' Thornton,* and 'San Diego,' which were seized in Behring's Sea for violation of section 1956, United ! I Mi 86 States' Statutes, together with their tackle, apparel, skins, guns, ammunition, small boats, and everything pertaining to said vessels. "This 19th day of February, 1887. (Signed) "Lafayette Dawson, " DUtrkl Jud(je, Dinlrict of Alaska." It would appear from the above that the United States had given up the fuolisii contention of possessing the control over the high seas. The following letter was received by Mr. Munsic from the Deputy Minister of Fisheries in reply to a letter : — "Sir, " Otiaiva, April 2, If^BI. " Havinritish subjects or redress secured for damage done to jiroperty and interests at tiie liau'o 1)1' Americans. I'Voin the •■•Alaskan" is also gatliered the following in regard to the disposition of this and last year's seizures : — "?il;n'siial Atkins has been nolilled by Deputy-Marshal Anderson of Onnalaska, that the ConmuuKlcr of tlie steamer ' Uusli ' has delivered into his custody 1)04 fur seal-skins seize! from the did'crcnt prize vessels, the American schooner 'Challenger,' and tlic British sehooncis ' \V. I'. Sayvvard' and 'Anna Beck.' -All the above-mentioned seal- skins were packed and salted in a kineli in one of the Alaska Commercial Company's ware'.iouses, awaiting further instruction from tlie Marshal. 87 >R, small boats, WSON, t of Alaska." up the fuolisii ;r was received pril 2, 1887. y on the part of United States' c conclusion of le Government indemnified for roN, /■ Fi.ilierii's." •eply :— h/ 20, 1887. t, addressed fo ceived a single " ' referring, of resident of the wledged. ive you reason you by other nestion to yon, session of nhc I'ON, /■ Fislirrics:' rcspondenec of hat no further s the ease, and iuici) injury as II Coininercial ly the worst, inii tiiat more ailed as to tiie the fiiiperial rcss from tiu' nf.d by IJritish dcr if, indeed, )se perpetrated •otcction bcinu: md interests at ) disposition of (unalaska, that fur seal-skiiis ger,' and tiic lentioued seal- iial Company's " The ' Anna Beck ' hag been dismantled and a complete inventory taken of every- thing on board. "The 2,082 seal-skins, the result of last year's seizures, were shipped consigned to the Marshal on the Alaska Commercial Company's steamer ' Dora,' which left Ounalaska on the 8th July bound to San Francisco. "Nineteen Indians and three sailors, belonging to the ' W. P. Sayward,' and two of the ' Challenp;er's ' erew, left Sitka in the early part of the week on board several canoes and one boat, rn route for Victoria and Seattle. They took with them a large supply of provisions furnished by the commander of tlie ' Sayward.' " Marshal Atkins has received advices from the Dcputy-Marshol at Ounalaska under a recent date, stating that the three British schooners seized last August in the Bebring's Sea a'ld noR' lying at Ounalaska arc in good condition, every care having been taken to jn'otcct them fron\ injury. One of the vessels, which was in a leaky condition when first captured, was Ivjaehed in order to save contiiuious pumping. " In tiie District Court on Tuesday morning, H. li. Jones, captain, and Carl Erickson, mate of the schooner ' Ciiallenger,' I,ouis Olscn, caj)tain, and Michael Keefe, mate of the steam scliooner 'Anna Heck,' and George R. Ferry, captain of the schooner 'W. P. Say- ward,* appeared before Judge Dawson and made an application tiiat tliey be permitted to surrender tiieir bonds on tlie ground tiiat they were devoid of the funds necessary for their subsistence. Tiie Court granted tlie application, and ordered that the defendants be placed in tiie custody of the United States' Alarshal. " The arms and ammunition seized on the schooners ' City of San Diego ' and ' Siena "^ — comprising in all nine rifles and guns and about 1,400 cartridges — will be sold by auction in Sitka on Monday, the 8th proximo, by the Marshal. The seized arms and ammunition taken from the schooners 'San Diego,' ' Thornton,' and 'Onward,' — comprising some iifty rifles, brceeh-Ioading guns and rifles, and several thousand rounds of amnuinition, — will be ofl'ered for sale at Juneau as soon as the necessary uistructions are received from Washington." BayarcCs Opinion. The following telegram is another unofficial aimounccment, and seems to be rather out of harmony with the official acts of the conunauders of the Revenue cutters : — " Wftslnnijlon, July 20. " Secretary Bayard, when he was shown to-day a despatch from Ottawa, stating that 'the Dominion Government is protesting against the discourtesy shown by the United States' authorities in ignoring its demand for reparation for the seizure and detention of the 13ritish Columbia sealers seized in Bebring's Sea last year,' said : — ' In the first place, no demand was ever made to our Government by any body, either lor the release of the vessels in question or for damages for their detention ; and, in the second place, if any such demand had been made, it could not have come by any possibility from the Dominion Government, with which we have absolutely no diplomatic relations whatsoever. The vessels in question were released upon representations of the British Government that they were British vessels. They were released, because our right to hold tliem was deemed too doubtful to be enforced. Our Government did what it believed to be right in the matter, without constraint from any quarter. The probability is that the "Anna Beck," alleged to be a British steam schooner from Victoria, the arrest of which by the Revenue cutter " Rush " for alleged violation of our Alaska Revenue Laws was reported yesterday, will be released the same way if the facts are as alle-ed. The claim that Bebring's Sea is a marc clausum upon which the seizure of foreign vessels for violating our Revenue Laws proceeds seems 1 1 be untenable. Wc contended that it was not when Russia owned all the territory on both sides of it. Now that we own half and Russia half, it seems impossible to maintain the mare clausum theory.' " What course of action will be followed by the people here is not yet determined, but some c.eps should be taken by the Local and Civic Governments in order to convey the deep feeling of indignation entertained against the repeated acts of lawlessness on tiie part of the American authorities, and their regi-ct that better protection is not aflforded our lishing interests. A. Laing, mate of the " W. P. Sayward," arrived down from Nanaimo last evenine, having left the " Idaho " at that point. He coiToborates the fact that the " Rush " was entering Sitka as the steamer left, having in charge a number of schooners, the names of which were unknown. The Americans evidently intend to make a clean sweep of the schooners sealing north this season. Portions of the crews of the ueized schooners are on the "Idaho " and will arrive over from Port Townsend to-day. A uumber of sailors and Indians have started for Victoria in boats. ' . —• .. . *w>.^,: , .; i , i i{* fl 1 1- i 1! ::■■ 1 ■ I y 88 It was reported that Captain Miner, of tiie scliooncr " Penelope," liad overpowered the men put or his schooner as a prize crew, and was now on hie way to Victoria ^ith his unwilling passengers. No. 53. The Marquis of Salisbury to Sir L. West. Sir, Foreign Office, September 10, 1887. BY a dospatcli of the 30th October last the late Earl of Iddcslcijjh instructed you to call the attention oi" the United States' Secretary of State to the circMun- stances of the seizure in Bcbring's Sea, hy the American cruizcr " Corwin," of some Jiritish Canadian vessels ; and his Lordship directed you to state to .Mr. Secre- tary Bayard that Her Majesty's Government felt sure that if the proecedinsjs which were rejjortcd to have tak(>n place in the United States' District Court were correctly descrihed, the United States' (lovernment would admit their ilhipriility. and would cause reasonable reparation to he niado to the British subjects for th ; wrongs to which tliey had been subjected and for th(> losses which they had sustained. J}y a j)rovioi's desi>atch of the 9th September you had been desired to ask to be furnished with any particulars which the United States' Government might possess relative to the seizures in question ; and on the 20th October you were instructed to enter a protest on behalf of Her Majesty's Government, and reserve for consideration hereafter all rights to compcmsation. Nearly four months having elapsed without any definite information being furnished by the United States' Government as to the grounds of the seizures, my predecessor instructed you, on the 8tli January last, to express to Mr. Bayard the concern of Her Majesty's Government at the delay, and to urge the immediat*; attention of the United States' GoAcrnment to the action of the American authorities in their treat- ment of these vessels and of their masters and crews. On the 3rd February Mr. Hayard informed you that the record of the judicial proceedings which he had called for was shortly expected to reach Washington, and that, Avithout conclusion at that time of any questions which might be found to he involved in these cases of s<>i/,ures, orders had been issued by the President's direc- tion for the discontinuance of all pending proceedings, the discharge of the vessels referred to, and the release of all pcirsons under arrest in I'ounection therewith. On the '1th April, under instructions from me, yoti inquired of Jlr. Baynrd, in view of the approaching fishing season in Bebring's Sea, whether the owners of British vessels might rely when not near land on being unmolested by the cruizers of the United States, and you again asked when the record of the judicial pnKTe(liny;s might be expected. Mr. Bayard informed you, iii reply (12th A])ril), that tiie papers referred to had reached him aid were being examined; that thero had been unavoidable delay in framing appropriate llogulations and issuing orders to the United States' vessels to jiolico the Alaskan watcu's; that the Revised Statutes relating to Alaska, Sections 15)50 and 15)71, contained the Laws of the United States in relation to the matter; and that the llogulations were being considered, and he would inl'onii you at the earliest day possible what had 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 February, to which I have referred above, Ilcr Majesty's Government assumed that, pending a conclusion of the discussion between tlio two Governments on the general question involved, no further similar seizures of British vessels would be made by order of the United States' Government. They learn, however, from the contents of Mr. Bayard's note of the 13th August last, inclosed in your despatch of the IStli August, that such was not the meaning which ho intended should be attached to his communi- cation of the 3rd February ; and they deeply regret to find a proof of their misinter- pretation of the intentions of the United S(;ates' Government from an announcement recently received from the Commander-in-chief of Her jMajesty's naval forces in the Pacific, that several more British vessels engaged in seal-hunting in Behring's Sea have been seized when a long distance from land by an American llevenue 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 w«re communicated M J overpowered (r 10, 1887. !gh instructed • the cinMiin- ' Corwin," of to ^[r. Sccnv cdiiii^s wliicli verc correctly I would cause to which they d to ask to he might possess instructed to consideration raation being seizures, my rd the concern tention of the n their tr(>iit- f the judicial ishington, and c found to he sidont's direc- of the vessels ■with. r. Eaynrd, in 10 owners of he crui/ers ol 1 proceedings il), tiiat the lerc had hecn to the United :s relatinn' to tes in relation would in fori II sh and other Jrd Fel)ruary, at, pendini,' a loral question T order of the Mr. Bayard's August, that lis commuui- leir misinter- nnouncoment forces in the liehring's Sea uo vessel ; of record of veral cases of ommunicated 89 to you in July, and were transmitted to me in your despatch of the 12th of that month, and they cannot find in them any justification for the condemnation of those vessels. The libels of information allege that they were seized for killing fur-seal within the limits of Alaska Territory, and in the waters thereof, in violation of Section 1956 of the Revised Statutes of the United States ; and the United States' Naval Com- mander Al)i)ey certainly affirmed that the vessels were seized within the waters of Alaska and the Tcrritoiy of Alaska ; but according to his own evidence they were seized 75, 115, and 70 miles respectively south-south-east of St. George's Island. It is not disputed, therefore, that tho seizures in (juestion were effected at a distance from land far in excess of the limit of maritime jurisdiction which any nation can (daim l)y ititernational law, and it is hardly necessary to add that such limit caimot be eidarged by any municipal law. The claim tiius set up appears to be lounded on the exceptional title said to have been conveyed to the United States by Ilussia at the time of tiie cession of the Alaska Territory. The jiretension which the Russian Government at one time put forward to exclusive jurisdiction over the whole of Bchring's Sea was, hoM-ever, never admitted either by this country or by the United States of America. On the contrary, it Avas strenjiously resisted, as*I shall presently show, and the American Government can hardly claim to have received from Russia rights which they declared to be inad- missible M'hen asserted by the Russian Government. Nor does it appear from the text of the Treaty of 1867"that Russia either intended or purported to make any such grant; for, by Article I 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 Avas made of any exclusive right over the M'atere of Bchring's Sea. Moreover, whatever riglits as regards their respective subjects and citizens may be reciprocally conferred on tho Russian and American Governments 'jy Treaty stipulation, the subjects of ller Majesty cannot be thereby alTected, exccfo by special arrangement Avith tliis country. With regard to the exclusive claims advanced in times past by Russia, i transmit to yo;i documents communicated to the United States' Congress by President Monroe in 1822, wliich show the view taken by the American Government of these preten- sions. In 1821 the Emperor of Russia had issued an Edict establishing " Rules for the limits of navigation and order of (iomniunication along the coast of the Eastern Siberia, the north-wester]! coast of America, and the Aleutian, Kurilc, and other islands." The first section of that Edict said : " The puKuit of commerce, whaling, and fishery, and of all other industry on all islands, ports, and gulfs, including tho whole of the north-west coast of America, beginning from Bchring's Straits to the 51st degree of northern latitude; also from the Aleutian Islands to the eastern coast of Siberia, as well as along the Kurile Islands from Bchring's Straits to the south Cape of the Island of Uru" viz., to the 45° 50' of northern latitude, is exclusively granted to Russian subjects ;" and section 2 stated : " It is, therefore, prohibited to all foreign vessels not (mly to land on the coast and islands beh)nging to Russia, as stated above, but also to approach thciu within less than 100 Italian miles. The transgressor's vessel is subject to confiscation, along with the whole cargo." A co])y of tiicse Hegnhitions was officially (;omniuiiicated to the American Secre- tary of State by the Russian iMinister at Washington on the lltii February, 1822; whereupon .Mr. (iuincy Adams, on the 25th of that mouth, after informing liim that the President of the United States had seen with surprise tho assertion of a territorial claim on the part of Russia, extending to the 5l8t degree of north latitude on the American Continent, and a Regulation interdicting to all commercial vessels other than Russian, upon the penalty of seizure and confiscation, tho apjjroach 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 A\as expected before any act which should define the boundary between the territories (jf the United States and Russia, that the same would have been arranged by Trijaty between the parties, and that "to exclude tlu; vessels of American citizens from the shore beyond lue ordintmi distance to which territorial jurisdiction extends has ex(!itcd 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 Picgulations." '1281 ' M I 1 90 Tlip Russian Minister, in his reply, dated th> • 28tli February, after explaining how Russia had acqiiircd her possessions in North America, said : — " T ought, in the last place, to request you to consider, Sir, that the Russian possc'ssions in the Pacific Ocean extend on the north-west coast of America from Bchring's Strait to the 61st degree of north latitude, and on the opposite side of Asia and the islands adjacent from the same Strait to the 45th degree. The extent of sea of wiiich these possessions foim the limits corajji-ehends all the conditions which are ordinarily attached to shut seas (' mers ferme'rs '), and t!io Russian Government might consequently judge itself authorized to ('xei-cise upon t^his sea the right of sovereignty, and especially that of entirely interdicting the entrance of foreigners ; hut it preferred only asserting its essential rights without taking advantage of localities." On the 30th Jlarcll Mr. Adams replied to the explanations given hy the Russian Minister, lie stated that, with respect to the pretension advanced in regard to terri- tory, it nmst he considered not only with reference to the question cf territorial rights, hut also to that proliihition to the vessels of other nations, including those of the United States, to approach within 100 Italian miles of the coasts. That from the period of the existence of the ITnited States as an independent nation their vessels had freely navigated these seas, the right to navigate them heiug 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 sea, ' because it claims territory both on its American and Asiatic shores,' it may sufBce to say that the distance from shore to shore on this sea, in latitude 51° north, 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 unmolested in the prosecution of their lawful commerce, and that no effect will he given to an interdiction manifestly incompatible with their rights." The Convention between the United States of America and Russia of the 17th April, 1824, put an end to any further pretension on the part of Russia to restrict navigation or fishing in Behring's Sea so far as American citizens were concerned ; for by Article I it was agi-eed that in any part of the Great Ocean, commonly called the Pacific Ocean or Suith Sea, the respective citizens or subjects of the High Contracting Powers shall neither be disturbed nor restrained, either in navigation or fishing, saving certain restrictions whicii are not material to the i)rcscnt issue ; and a similar stipulation in the Convention between this country and Russia in the following year (15th May, 1825) put an end, as regarded British subjects, to the prc^tensions of Russia to which I have referred, and whicli had been entirely repudiat(id by Her Majesty's Government in correspondence with the Russian Government in 1821 and 1822 which for your more particular information 1 inclose hei-ein. Her Majesty's Government feel sure that, in view of the considerations whicli I have set; forth in this despatch, which you will communicate to Mr. Bayard, the Government of the United States will admit that tho seizure aiul condemnation of these British vessels, and the imprisonment of their mnsters and crrews, were not warranted by the circumstances, and that they will be ready to all'ord reasonable compensation to those who have sufferc' in conse. (Signed) H.T.HOLLAND. No. 55. Sir L. iVest to the Maniuts of Salisbury. — {Received September 15.) My Lord, • Washington, September G, 1887. I HAVi-", the honour to inclose to your Lordship herewith an article from the "New York Times " on nuiritime jurisdiction in Behring's Sea. I have, &c. (Signed) L. S. SACKVILLE WKST. Inclosure in No. 55. Extract from the " New York Times" of September 5, 1887. A DisPUTET) OcEAV. — When the new Fisheries "Commission," as Mr. Bayard insists it should not be called, was first announced in Parliament, it was said that its scope would be limited to the controversy between Canada and the United States. But in response toMr.Gourlay's inquiry, it was subsequently added that tiie question of including the Alaska seal fisheiics was under consideration. It is therefore none too early for public opinion to begin seiiously to shape itself on a question about which much less lias been said than in the interminable cocifish squabble, it is, moreover, a very i)rctfy question in itself, that of our riglits in Behring's Sea, and involves issues of no slight intrinsic value. As everybody knows, Russia regarded Behring's Sea as hers, just as we regard Delaware and Chesapeake Bays as ours, to compare little things with big. Then Russia ceded to us the coast on one side of this little ocean, together with one-half the ocean itself. Next, Congress sold the right of catching seals in what we will call " our " part of that ocean. And now the question of our rights ailres upon the catching red-handed poachers who ha;jpen to he British. It is intimated that Russia could not convey to us what she did not own licrself, and that when we bought Alaska we took in fact much less than the deed, that is the Treaty, recited. The merits of *\\c question are of course involved in Russia's rights. Her exclusive rights were not conceded, but, on the contrary, were promptly attacked when they were announced in the Ukase of 1821. The title was thus clouded, but it was not invalidated. Russia's last word was that, although she did not care to argue about her rights, whoever invaded them did so at his peril. Instead of quarrelling, Russia and the United States agreed that the citizens of both countries should have unrestrained privileges in those waters. In other words, although Russia's right of exclusion of Americans was disputed, it was deemed good enough by us in 1824 to be the basis of a bargain. Great Britain made a similar Treaty the next year. The British Treaty is still in force, we suppose, over the western, or Russian, half of Behring's Sea. Great Britain's rights in the western half are therefore based on the same title as ours in the eastern. She cannot admit the rights of the Czar and deny those of the United States. On the other hand, the United States are not thus involved. We protested against the pretensions of the Czar because they injured American conmierce. But, having acquired the Czar's asserted rights by purchase, we are now as much interested in defending them as we before were in attacking them. At the very least we can require that whoever questions those rights should come into Court with clean hands. I'hat means much in connection with this topic, as can readily be made clear. •-"*-—-.■ • No. 63. __ ^ ... [138] "~ N2 Ilij-ai t 'i i ,1 92 Russia's rights are attacked on the very simple ground that she might as well have annexed the open ocean as Beliring's Sea. Russia's position was that the Aleutian Isles, scattered aloni; in a chain between Asia and America, cut otf tiiat northern portion of the PaclGc Ocean and made it an interior sea, like liudson'tt Kay, in British North Acne ica, or like the Gulf of California. The claim would be more readily conceded if the Aleui iaii Isles were more contiguous. As matter of fact, 900 miles of blue water separate vhc westernmost island from the most eastern extension of Russian mainland. But between the two most separated islands the distance, it must be admitted, is considerably less. Still, it would be enough to overthrow the mare claiisum theory were the attack made by any other nation than England. That "closed sea" theory is briefly an agreement among nations that so many of them as have sea-coasts may annex so much of the ocean as they can control, and control is construed to extend as far ns a cannon-ball can reach. That is the antiquated theory on which exclusive maritime jurisdiction is conceded by nations to one another over tlie ocean .'< miles from shore. Of course, if two capes were only 3 miles apart the interior sea beyond them would, on the strict mare clausum conten- tion, be conceded to the nation owning the capes, but not otherwise. But neither England nor the United States should push this closed sea argument too hard or too far. England once claimed to own the entire ocean surrounding the British Isles, and in 180(3 the United States thought it ought to be conceded a right to exclude belligerents from the Atlantic Ocean between the Gulf Stream and the mainland. To abandon extreme positions and come down to the contentions of to-day, England, whicii denies to Russia the right to define its possessions by imaginary lines drawn from island to island, assumes to itself the riglit to exclude Americans from the open ocean ir^cluded by an imaginary line from headland to headland. Who seeks equity must do equity. The English must not both keep their codfish and grab our seals. On the other hand, by the strictest teclmical argument it might be that we could both keep what Russia sold us and get what England unjustly denies us. Secretary Bayard has given abundant intima- tion of his opinion that a plenary Council would limit the rights which the C/ar assumed to convey to us. It is given out that the proper thing would be to arrange upon rules for all to observe regarding seal-rtshing. Perhaps so. But that leaves the dispute of right and title untouched, and who can say in what form it may return to plague us "r* Moreover, while Americans are doubtless j.repared to yield what others justly claim, still, there should be no surrender before challem'e. No. 56. The Murquig of Salitthury to Sir L. ^Vest, Sir, Foreign Office, September 15, 1887. IT appears from the transcript of the record of the judicial proceedings in the cases of the schooners "Carolina," "Onward," and "Thornton," forwarded in your despatch of the r2th July last, that in each case notice was given of appeul from the finding of the District Court. I have to request that you will ascertain whether the owners of the vessels have taken steps to prosecute the appeal, and if so, when such appeal may be expected to come on for hearing. I am. Sec. (Signed) SALISBURY. No. 57. Colonial Office to Foreign Office. — {Received September 16.) Sir, Downing Street, September 15, 1887. WITH reference to previous correspondence, I an) directed by the Secretary of State for the Colonies to transmit to you, to be laid before the iMarquis of Salisbury, copies of two despatches from the Governor-General of Canada, forwarding papers respecting the recent seizure of British sealing-vessels by a United States' Revenue cutter in Behriiig's Sea. I am, &c. (Signed) ROBERT G. W. HERBERT. m 98 it as well have Aleutian Isles, portion of the Jortii Arr.e ice, it the Aleui ian r separate the But between iisiderably less. i attack made F an agreement ;h of the ocean ball can reach. s conceded by wo capes were Ittusuni conten- i argument too ni; the British ight to exclude mainland. To ilndand, whicli wn from island ocean iticluded lUst do equity, other hand, by Russia sold us undant intima- ! C/ar assumed upon rules for ispute of ri^ht to plague us ? itiy claim, still, er 15, 1887. ill the cases of your despatch tinding of the ;els have taken to come on for ^LISBURY. er 16, 1887. retary of State Jury, copies of respecting the r in Behriiig's HERBERT. Sir, ; 1 .1 .'.j.m' ii.-n \i I Indosure 1 in No. 67> '*'' ••• ' . i* .' . '' ... The Mnrquis of Lansdowne to Sir H. Holland. ■ 'J New Derreen, New Richmond, P.Q., August 19, 1887- I HAVE the honour to inclose herewith, for your information, copies of a Report which has been received by my Minister of Marine and Fisheries from the Collector of Customs at Victoria, British Columbia, in regard to the seizure of the sealers " Grace," "Dolphin," and " W. P. Say ward" by the United Slates' Revenue cutter "Ricbair Rush." 2. Report states positively taken in the Behring's Sea. 3. It is scarcely necessary to dwell upon the grievous hardship occasioned by these seizures, for which, as far as I am aware, no justification has yet been forthcoming, not only to the owners and to the officers and crews, 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. I have, &c. (Signed) LANSDOWNE I beg to call your especial attention to the deposition inclosed in Mr. Ilamley's of Captain Laing, of the " W. P. Sayward." You will observe that Captain Laing positively that the seals of which the skins were found on board his vessel were not. Inclosure 2 in No. 57. The Marquis of Lansdowne to Sir H. Holland. Sir, The Citadel, Quebec, Auguxt 27, 1887. WITH reference to my despatch of the 19th instant, in regard to the seizure of the sealers " Grace," " Dolphin," and " VV. P. Sayward " by the United States' Revenue cutter " Richard Rush," I have the honour to forward herewith copy of an approved Minute of the Privy Council of Cana'!:"., to which are appended copies of the following documents : — 1. A letter from H. Hamley, Collector of Customs at Victoria, British Columbia, te the Minister of Marine and Fisheries. 2. The affidavit of Andrew Laing, mate of the seized schooner "Sayward,"' sworn to at Victoiia on the 8th August, 18S7. 3. The information filed in the District Court of the United States for the District of Alaska against the master and mate of the " Sayward." It is requested that these papers, copies of which were inclosed in my above- nicuiioned despatch, may be transmitted to the Foreign Office, in order that a remonstrance may be addressed to the United States' Government against the unwarrant- able action of the Commander of the "Rush," and a claim made for all damages arising from the seizure of ihe " Sayward," and the detention of her officers and crew. T have, &c. (Signed) LANSDOWNE. Inclosure 3 in No. .57. Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor- General in Council on August 23, 1887 ON a Report, dated the 17th August, 1887, from the Minister of Marine and I'isheries, submitting, with reference to tiie seizure by the United States' steamer "Richard Rush" on the 9th July last, in the Beh ing's Sea, of the British schooner " W. P. Sayward," of Victoria, the following papers : — 1. A letter from W. Hamley, Collector of Customs at Victoria, British Columbia, to the Minister of Marine and Fisheries ; 2. The affidavit of Andrew Laing, mate of the seized schooner, sworn to at Victoria on the 8th August, 1887 ; and 3. The information filed in the District Court of the Unit&i States for the District of Alaska against the master and mate of the " Sayward ;" The Minister observes that, upon reference to the affidavit of the mate of the schooner 'i»:i ITT K i '«i tn Ih ,i \w 1 i'lif i4 ' ■■ «*n n fir 1 iu'i J U4 " Say ward," it appears that all t^e s.eAlB on. boKrd the vessel were taken in the Pacific Occiin, iiiui before the vessel entered the Rehring's Sea, so that even the nlleRed claim on the part of tlic United States' Government to jui'isdietion in the Hchring'ii Sea is not available in the ease now complained of; and would also call attention to the reply of the Coniiiaiider of the United States' steamer "Richard Rush," in which he states his orders were " to tiik»; everythins? he came across in ihe Behring's Sea." Tlio Committer recommend that your Excellency be moved to forward copies of the annexed papers to the Right Honourable the Principal Secretary of State for tlie Colonies, 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 Rush," 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 her officers and crew, and also that copies of the papers be sent to Her Majesty's Minister at Washington. All which is i-espectfully submitted for your Excellency's approval. (Signed) JOHN J. McGEE, Clerk, < Privy Council. Inclosurc 4 in No. 57. Mr. Hamley to the Hon. G. E. Foster. Sii', Custom-House, Victoria, August 9, 1887. ON the 5th instant I sent you word by telegram that three more Canadian vessels had been seized in Behring's Sea, and sent to Sitka, "Grace," " Dolphin,'' and " W. P. Sayward." This news reached us by the steamer " Olympian," and, the day following, the mate of the " \V. P. Sayward," one of tlie seized vessels, came down on the steamer "Idaho.'' I had him here at tho custom-house, and his statement in some particulars was so important that 1 thought it desirable that it should be taken down before a notary piil'lic, and the deposition forwarded to you. I inclose it herewith. The seizure was made on tlie !(tii July by the master of the Revenue cutter " Rush " in Behi:ig's Sea, from 30 to 40 miles from any hind ; the mate denies that any seal was killed in Behring's Sea; the skins, 479 in number, all taken, he says, in the Pacific, were lodged in the Alaska Company's warehouse at Ounalaska, and the vessel herself sent to Sitka. There is no doubt now, from the declaration of the master of the United States' Revenue cutter made openly on the deck of the " W. P. Sayward," that, in seizing this and other Canadian vessels, he was acting under direct instructions from the United States' Government. I forward also the information laid in the District Court at Sitka by the United States' Attorney Ball ngainst the master and mate of the " W. P. Sayward." The indictments against the masters and mates of the other vessels are in the same form and terms— tiie complaint being that they had killed fur-seals in Behring's Sea, contrary to the Statutes of tiie United States, and against the peace and dignity of the 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. Sayward" was allowed out on bail in 500 dollars, and returned last night for the trial. I have, &c. (Signed) W. HAMLEY. •I .:Hi .. .• i;i.-..ji < 1 .r. U. Inclosure 5 in No. 57. Declaration of Andrew Laing. [See Inclosure 3 in No. d2.J AZ\.. , i.«;:i;(ui'i. r. '.,.■!> .i. iiiii'J..d ,-';iTj(Ui '"- ■;;' j 1. I ' li -i' ,'t iV.A-r'r • i,.-,jt/ m :,!).«■,< /j;a .4.Y/ ' Ij . (. iiUiU ■,':.' i'.il A .1 - .; U) ;ji)!.« ."if.'iHii V? :\u:\i\ :■> n/Hli(ttf! 'jri 1 .k. ;■;■•;! .\<\:.,:. :l)r) viiJ '.' ■jtii u<)I));wi'Jo1i;: 'dT ,R ,,.., ... :. lii •i<>l"K(n 'Jill 1 iiiKyr; BiU: ■^ 9S in the Pacifif ?ged claim on 's Sea is not B reply of the tes his orders copies of the the Coloniesi, ! made to the litted by the ng out of the tention of her 's Minister at Clerk, ivy Council. uat 9, 1887. nadian vessels "and"W. P. day following, )n the steamer jarticulars was ;fore a notary ;ure was made ig's Sea, from iehring's Sea ; in the Alaska There is no e cutter made her Canadian ernment. )y the United ward." The nmc form and ontrary to the ted States of e 22nd of this dollars, and IIAMLEY. , /..i .'i.V' ■ .. A .1 .1 1 ii-^iaiU. ■•■ irl i .!i iT ,F. ,.,■.■■: ciU.l ■'■il ; IT Inclosure 6 in No. 57. In the District Court of the United States for the District ol Alaska. ' The United States v. George K. Ferry and A. Luiny. — It\f'orination. (v,H i!'» T,!i.', n,>., : ■i\ [See Inclosure 2 in No. 52.] ,. , , ., , , - I ■n- -;,t No. ')S. Colonial Office to Foreign Office. — {Received September U(i.) Sir Downing Street, Septrmber 21, 1887. WITH reference to recent correspondence, I an» directed by Secretary Sir Henry Holland to transmit to you, for such action upon it as the Marquis of Sulishury may think proper to take, a telegram received this day from the Governor-General uf Cunado, relating to the (juestion of the release of the British Columbian sealing-vcsscls seized by the United States' authorities in Behring's Sea. This telegram ajjpears to relate to the vessels seized last year. I am to request to be informed of any communication which may be made tu thf' United States' Government in order that a reply may be sent to the Governor-General. I am, &c. (Signed) JOHN BRAMSTON. Inclosure in No. 58. The Marquis of Lansdowne to Colonial Office. ■ . I (Telegraphic.) September 23, 18S7. t UNDERSTAND that, after Mr. Bayard's announr inent of the 3rd February respecting Behring's Sea seizures, instructions were sent in accordance with it to the Alaska authorities by telegraph ; that an instrument for the release of the vessels was thereupon issued by the District Judge, but that subsequently, on the assumjition that the telegram was forged, he rescinded the order ; that no steps have been taken by the Department since ; the vessels are still detained. My Government trusts the facts will be inquired into. ;l . ': .ijI No. 59. The Marquin of Salisbury to Sir L. West. — {Substance telegraphed.) Sir, * • Foreign Office, September 27, 1887. I TRANSMIT to you, for your information, a copy of a letter from the Colonial Office,* inclosing a telegraai from the Governor-General of Canada, from which it appears that the British schooners "CaroUna," "Onward," and "Thornton," referred to in your despatch of the 4th February last, have not yet been released. In his note of the 3rd February, inclosed in your above-mentioned despatch, Mr. Bayard stated that "orders have been issued, by the President's direction, for the discontinuance of all pending proceedings, the discharge of the vessels rett^rred 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 the rt.'ease of the three vessels, and I have to instruct you to inquire the reason why the directions of the President, as above quoted, have not been carried out. , I am, &c. (Signed) SALISBURY. ^^■r'-l .1 'i'i'iW.Tt, •• ■ ...I 1 1.-/ ■l\l.j,y)i ] 'JV;.., 1 li:) •lUi • No. 58. M No. GO. The Marquvi of Salisbury to Sir L. West, Sir, Foreiijn Office, September 27, 1887. I TIIANSMIT to you lierewith copies of two dcspatclics nddrcssed to Her Majesty's Secretary of State for tlic Colonies l)y tl>c (Joveriior-Ucncral of C'nnuda,* forwarding papem relativf to the seizure in Hciirinfi's Sea by the United Stiites* Ilcveuuc cutter " Kichard Rush " of tliree British Colombian vessch, the " Grace," the " Dolphin," and tiic " W. P. Sayward." I iiavc to request that you will make a ro presentation to the United States' Govern- ment on tiic subject of the seizure and detention of tiiese vessels in connection with the representations which I instructed you to make in the cases of the "Onward," the "Carolina," and the "Thornton," and that you will reserve ail rights to compensation on behalf of the owners and crews. You should point out to Mr. Bayard that in the case of the " \V. P. Sayward," according to the de|)osition of her mate no seals had been taken by her crew in Hehring's Sea as is alleged in tiic libel of information filed on behalf of the United States' District Attorney in the District Court of Alaska. I am, &c. (Signed) SALISBURY. ! { } 1 ■1l No. 01. Menioraiidum communicated by Baron Plessen, October o, 1887. TIll-j Iiiiperini Government would like to know what are the views of Her Britannic Majesty's Government with regard to the American proposal for an International Convention for the |)rotection of seals in the Behring's Sea. No. 62. Sir L. West to the Marquis of Salisbury. — (Received October 6.) (E.\tract.) Washington, September 23, 1887. I HAVE the honour to acknowledge the receipt of your Lordship's despatch of the lUtli instant, and to inform your Lordship that I communicated it this day to the Secretary of State, and, at his request, left a copy of it in his hands. No. 63. Admiralty to Foreign Office. — {Received October 6.) Sir, Admiralty, October 4, 1887. I AM coninianded by the Lords Comtnissionero of the Admiralty to transmit, for tiio information of tiie Secretary of State for Foreign Affairs, copy of a letter from the Commander-in-chief on the Pacific Station, dated the 14th September, inclosing a list of the schooners that have been sealing, extracted from the " Victoria Colonist " newspaper, dated the 13th September. A similar letter has been sent to the Colonial Office. I am, &c. (Signed) EVAN MACGRKGOR. Inclosure 1 in No. 63. Kear'Admiral Culme-Seymour to Admiralty. Sir, " Ttiumph," at Esquimalt, September 14, 188". THE sealing season being now over, I have the honour to inclose a list of the schooners that have been sealing, cut from the " Victoria Colonist '' of yesterday's date. It is not yet known whether the five vessels " to arrive " have been seized or not, but they are overdue iiere. * Inclo(ui-et in No. 57. 97 iber 27, 1887. u Her Majesty's rwarding papers !utter " Richard phin," and tlie States' Govern- ncction with the "Onward," tiie :ompi>nsation on iV. 1». Sayward," rcw in Behring's i States' District JALISBURY. 17. )f Mer Hritannic tn International 6.) nber 23, 1887. ip's despatch of this day to the :tober 4, 1887. transmit, for the letter from the iclusing a list of list " newspaper, ACGRKGOR. nber 14, 1887. se a list of the yesterday's date, or not, but they With reference to the schooner " Alfred Adams," I nni credibly informed she wai boarded by the American Revenue schooner in Hehring'd Sea, her skins (l,3U() in number) taken out, as well as her arms, and she was told to proceed to Sitka. No one being put on board, the captian brought his vessel down here. No orders whatever have ever been received here with regard to the release of the schooners seized last year, which are now, 1 believe, high and dry at Ounalaska, worm* eaten and worth Iciw, I have, &c. (Signed) M. CULME-SIiYMOUR. ' Inclosurc 2 in No. (i3. Extract from the "Daily Colonist," Victoria, /?. ('., of Septmnbrr l.'l. 1887. List of VenHels Arrived, with their total Catch ,- thone to Arrive ; HchooiierM neized. THE following is the list of scaling sciiouners which have arrived in port with their northern catches ; also those to arrive and thosi- seized. The coast catch by Indians and the spring catch by American sealers disposed of in V^ictoriu are also appended : — Vkbrei.s AitRivKn. Nami". S])rin(f Ciitcli. Nortlirrii Cutoli. T(itol. ratlifindi'r .. ., .. 400 2,377 2,817 I'ciu'lopo , , , , 1 ,000 I,o00 2,o00 Miirv Kllfii . . 3f.7 2,090 2,4.^7 Loltic l'"nirficl(l , . . . 400 2,(>00 3,000 Miirv 'I'njliir , . . . 200 800 1,000 Mountuiii Chief . . 400 «H7 1,087 Block lliuiuoiul , , 0114 ,, Adula .. .. .. 1»4 1,350 1,514 Adn Kate Fnvouritc Thcicsn Triuiiiph Dolphin . . Urucc Annii Deck . . W. P. Snywnrd Aified AihunR Vesibi.s to Aruivf. 349 j 1,030 307 21 Vessels Seizrp. I 1,J00 The number of seals caught by American schooners and sold in this city is follows : — Helen liltiin Sylvin lliindy Sun Jos6 . City of Snu Diego Vaiidcibik Discovery 43G 1.3'J 197 200 017 250 Tlic Neali Bay schooner "Lottie's" northern catch was disposed of the other day, and amounted to 700 skins. This makes the total catch, so far as could be {^leaned yesterday, 19,046 skins by British vcs.sels, and 2,539 skins disposed of by American schooners. The catch off the west coast by the Indians end sold to store-keepers was 500. The total number of skins brought into port for this season will represent in dollars, at G dol. 50 c. per skin, the handsome sum of 140,302 dol. 50 c. [128] 98 ii H ii No. 64. Sir L. Weil to the Marquin of Salinburif. — {Received October 10.) My Lord, Wunhington, September 28, 1887. IN pursuance of the ingtructions contoiiii-d in your Lordshiit'ii telegram of yesterday's date, I have this dny addressed a note to Mr. Bayard, copy of wliich is herewith inclosed, inquiring the reason for the non-release of the liritisli vessels mentioned in his note of the 3ra February lost. I also have the honour to transmit herewith to your Ix)nl8hip copy of an extract from the " New York Tribune " of yestenlay bearing on this point. I have, i&c. (Signed) L. S. SACKVILE WEST. Inclosuru I in No. 64. Sir L. IVent to Mr. Bmiard. Sir, iyiLvliinijInn, September 28, 1887. I HAVE the honour to inform you tliiil llcr Majesty's Government have been oflficiiilly informed that the British vessels tnontiom-ii in your note of the .'kd February last have not been released, and tbut I am insiruetcd to incjuire the reason for the delay in complying with the orders sent to this educt, as stated in yimr al)ovu-mcntioned note. I have, &c. (Si-ned) 1* S. SACKVILLE WEST. Inclosuie 2 in No. C4. Extract from the "New York rrllnuif" of September 27, H87. TiiE Alaska Skizuues. Ollnwa, September 26, 1 887. TIIE Government has Just received the Report of Mr. Drake, Q.C., who was sent to Alaska to investijyate matters in connection with the Behrins^'s Sea seizures. The following is a copy of the despatch addressed to .Judi^e Lafayette Dawson and Colonel Ball, United States' District Attoniev at Sitka, whicii has not been carried out to this day, and in respect to which the Canadian (jovernment has recently sent a strong protest to the mother-country for transmission to Washimtton : — " Wnxhinijtoti, Jununry 2(5, 1887. " I am directed by the President to instruct you to discontinue all |)rocccdinps in the matter ot seizure of the J5riti-li vessels 'Carolina.' 'Onward,' and *'i"hornton,' and to discliarj^e all vessels now held undL'r such sei/m-es, and relea.se all persons that may lie under arrest in connection therewith. (Signed) "A. II. Gaklaud, Attorney-General." .)ndge Dawson thereupon issued an order to .Marshal Atkins to lelease the vessels, but, as stated in previous des|)atclie.«, afterwards withdrew it on the representnlion, Mr. Drake gays, of Atkin.s, and against the express opinion of Colonel Ball. .V record of the original instructions appears on tiie books of tlic District Court, but there is no record of their withdrawal. The "Onward," "Carolina," and "Thornton" are still beached at Ounalaska, and cannot be removed without considerable expense. The skins taken on these vessels were sent to San Francisco by a steamer belonging; to the Alaska Commercial Comj)anj. Mr. Drake says he camiot find that there was any authority given by the United States' Government for seizures made last year, but that they seem to have been made at the instance and in the interests of the Commercial Company. No. 65. Note from United States' Minister at Stockholm to Swrdish Government. — {Communicnied by M. d'Adelborg, October 10, 1887.) THE Government of the United States recognizes the necessity of taking steps for the better protection of the fur-seal fisheries in Behring's Strait. The indiscriminate and unregulated killing of these valuable animals has of late years greatly veduced their number, and threatens in a comparatively short time to all but extinguish them. 99 3.) pfr 28. 1887. I of yesterday's ewith inclosed, hio note of the ' of an extnict The importance of respective Oovernmenta entering into un armngement which shall have for its purpose the regulation of scnUhunting and to the present indiscriminate ■laughter of seals, is so apparent that it needs no elaboration. To this end I am dnccted to invite (he United Kingdoms of Sweden and Norway Ir enter into sucii an arrangement with the Government of tiie United States as will prevenJ the citizens of either country from killing seal in Behring's Sea in such times and places and hv such methods as at present are pursued. I'he Governments of Germany, Great Britain, Russia, France, and Japan, have like« wise been invited to co-operate to this end. ILE WEST. ,er 28, 1887. unt have heuii I February last for tiie delay itioncd note. ,LE VVliST. /^r 26, 1887. trlio was sent to seizures. The d Colontl Ball, o this day, and ; protest to the rij 2(5, 1887. cfcdings in (1r' niton,' and to IS that n.iny hi' eyGeneral." le vessels, but, on, Mr. Drake of the original ecord of their )unalaskii, and e vessels were :ial Company. United States' n made at the Communicated uking steps for scriniinate and educed their lUUI. No. 6«. The Mari/uiii of Salisbury to M. d'Adelborg. THE Marquis of Salisbury has had the honour to receive the copy of a communic^- tion addressed to the Swedish Government by the United States' Minister at Stockholm which Count Adelborg has been good enough to leave at tlie Foreign Offlce. Her Majesty's Government have not received any similar communication from the Government of the United States regarding the protection of the fur-seni fisheries in fiehring's Sea. Lord Salisbury would, however, be glud to know whether the invitation to enter into an arrangement on the subject will be accepted by the Swedish (iovcrnment. Foreign Office, October 11, 1887. No. 67. Foreign Office to Baron Plegaen. SIR J. PAUNCEFOTE has the honour to infr n Baron PIcssen, with reference to ^'% his in(|uiry of the 5th instant, that no proposal has oeen made to Her Majesty's Govern- 3^ ment by the Government of the United States for an International Convention for the V protection of seals in Behring's Sea. The Marquis of Salisbury would be glad to be in rmed of the decision which may be adopted in the matter by the German Govern- ment. Foreign Office, October II, 1887. No. 68. Admiralty to Foreign Office. — {Received October 14.) Sir, Admiralty, October 13, 1887. WITH reference to previous correspondence respecting the seizure of sealing schooneru, I am commanded by my Lords Commissioners of the Admiralty to transmit, for the information of the Secretary of State for Foreign Affairs, copy of a letter from the Commander-in-chief on the Pacific Station dated the 23rd September, forwarding an extract from the "Victoria Daily Times" of Monday, the 19th September, 1887, contain- ing a demurrer handed in at Sitka by Mr. M. W. T. Drake, Q.C., who was sent to Sitka by the Dominion Government of Canada. I am to request that the newspaper extracts may be forwarded to the Colonial Office for the perusal of oecretary Sir Henry Holland, with a request that they may be returned to the Admiralty when done with. I am, &c. (Signed) EVAN MACGREGOR. Inclosure 1 in No. 68. Rear-Admiral Seymour to Admiralty. Sir, " Triumph," at Esquimalt. September 23, 1887. REFERRING to tho capture of scaling schooners by the American Government, t have the honour to forward a copy of a demurrer handed in at Sitka by Mr. M. W. T. Drake, Q.C., of Victoria, who was sent to Sitka by the Dominion Government of Canada. [12S] . o U YTnw II ' r '■ k. i I I [ h 100 2, It would appear by Lord Salisbury's despatch of the lOth August, 1887, that orders were given for the schooners seized in 1886 to be released, and I am informed a telegram to that effect was received at Sitka ; nothing was done, and the vessels are, as stated in my letter of the 14th instant, high and dry at OunalabUa; and I am credibly informed so wormeaten and damaged as hardly to be worth removal. Certainly no information has ever been received by any authority here, or by the owners of the schooners seized in 188G, that they were to be released. 3. With regard to the vessels seized this year, the crews have been released and one, of the schooners lias been ciiartered by the authorities at Sitka to proceed to Ounalaska and bring the skins taken out of the schooners seized this year and landed at the latter place, to Sitka. The trials will probably take place at Sitka about this time. I have, &c. (Signed) M. CULME SEYMOUR. Inclosure 2 in No G8. Extract from the " Victoria Daily Times" of September 19, 1887. AT present the seizure of the Victoria seal- hunting schooners with their officers, crew, and hunters is the topic of the hour in this city. Mv. Drake's demurrer, the full text of which is herewith given, will be read with especial interest : — "Brief of Mr. M. W. T. Drake, Q.C. " (Filed on behalf of the officers of the British sealers.) " United States' Court, District of Alaska. "The United States, Plaintiff, v. J. D. Warren and J. C. Riley, defendants. " Brief in support of the demurrer filed herein the 30th August, 1887, on behalf of the niiistors and owners ot the British schooners 'Anna Beck,' 'Dolphin,' 'Grace,' and ' W. P. Sayward,' seized l)y the United States' cutter for an alleged infraction of an Act of the United States' Congress No. 120, being an Act to prevent the extermination of fur- bearing aniuiids in Alaska. The Act is directly against killing seals in the waters adjacent to the islands of St. Paul and St. George and docs not refer to any other waters in Belirinir's Sea, but on refening to section \9f>ii of the Revised Statutes, the language used is soiuewliat didmnt, proliibitiuij; the killing of fur-bearing animals within the limits of Alaska Territory oi- the watcis thereof. The first question then to be decided is what is meant by ' tlie waters tlicreof.' If the defendants are bound by the Treaty between the United States and Russia ceding Alaska to the United States, then it appears that Russia in 1822 claimed absolute territorial sovereiunty over tlic Bchring's Sea and purported to convey practically one half of that sea to the United 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 Uniteil States 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 recogni'/.ed by the law of nations. " Riijhls of Great Britain and the United Stales. " In in(|uirin.; what th -t ri'dit was anil how far it was submitted to bv the other Powers interested, namely, Great Bs id the United States, we find the United States' Minister ill St. Petersburgh in lSi'2 eonni,. anig the pretensions of Russia to a jurisdiction over the waters of Ik-hring's Sea fur a distance of 100 miles from the coast 'for this was the extent of Russia's claim in 1S22) in the following expressive language: 'The existence of terri- torial rights to the distance of 100 miles from the coast and the prohibition of approaching to the same distance Irom those coasts and from those of all intervening islands are innovations on ihc 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 consequence 'was not pcreisted 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 commonlv called the Pacific Ocean or South Sea, the respective citizens, subjects of the High Contracting Powers, should be neither disturbed 101 it, 1887, that itn informed a vessels are, as am credibly Certainly no iwners of the ;asc(l and one, to Ounalaska d at the latter EYMOUR. their officers, urrtr, the full dants. , on behalf of ' Grace,' and of an Act of nation of fur- [iters adjacent icr waters in anguage used the limits of led is what is between the s that Russia purported to dants as men s assertion of n any greater e assertion of s in excess of other Powers ites' Minister ;tion over the as tiie extent ;nce of terri- approaching ; islands are [ind that the nged by the Lpril, 1824, a t was agreed, luth Sea, the ler disturbed or restrained either in navigation or in fishing or in the power of resorting to the coasts upon points which .night not then have been already 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.' " A Treaty with Russia. " The Government of Great Britain, on the 28th February, 1826, also entered into a Treaty with Russia in consequence of tiie same extravagant pretensions of Russia, which Treaty contains the following provisions : * It is agreed that tiie respective subjects of the High Contracting Parties sliall not be troubled or molested in any part of the ocean commonly called the Pacific Ocean, either " \ navigating the same, in fishing therein, or in laiuliiig at 3uch parts of the coast as shall not have been already occupied in order to trade with the natives under f !io restrictions and conditions specified in the then following Articles.' These restrictions are not dissimlar from those attached to the Treaty with the United Mates. In order to ascertain what were the pretensions of Russia which led to these Treaties it is necessary 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 from Behring's Straits to 51° of north latitude, also from the Aleutian Islands to the eastern coast of Siberia, as well as along the Kurile Islands from. Behring's Straits to the south Cape of the Island of Uruck, namely, 4;'/ 50' northern latitude is exclusively granted to Russian subjects.' "Russias Claims. " Section 2. — ' It is therefore prohibited to all foreign vessels not only to land on the coasts and islands belonging to Russia, but also to approach them within less than 100 Italian miles. The trangressor's vessel is subject to confiscation along with the whole cargo.' Thus it appears that Russia claimed 100 miles from the coast of all the islands as wcil as the mainland of Behring's Sea and south to 45° 50'. It was this claim that led to the indignant venionstrance of the United States and Great Britain, and to the Treaties before referred to, and shows that Behring's Sea was included in the term Pacific Ocean. The pretensions of Russia were nerer 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 Russia's claim was never revived until she purported to cede to the United States a portion of Behring's Sea. Russia could not sell what she did not own, and the United States could not claim thpt which it was not in the power r,f Russia to sell. The Treaty with England has never been abrogated, and was in force when thr; cessi'/n to the United States took place, and there was no need to protest against the extravagant pretensions of Russia in purporting to dispose of the high seas, as until last year no attempt had been made to enforce such a claim. " Authorities quoted. " The United States have always been the strongest upholders of the law of nations, d on this head Kent's Commentaries, p. 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 be appropriated.' He also refers to the claim of Russia, and in another pla-;e he states that the ' United States have recognized the limitation of a marine league for general territorial jurisdiction by authorizing the District Courts to take cognizance' of all captures made within a marine league of the American shore.' (See Act of Congress June 5, 179-J.) * " And in Wharton's ' International Law Digest,' p. 32, the author says, ' The limit of 1 sea league from shore is provisionally adopted as that of the territorial sea of the United States,' and ' our jurisdiction has been fixed to extend 3 geograpliical miles from our shores, with the exception of any waters or bays which are so landlocked as to be unquestionably within the jurisdiction of the United States, be their extent what they, may.' Behring's Sea is not a gulf or a bay, and is not landlocked by the lands of the United States. " becretary Seward's Views. " 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, 16th December, 1862, tersely an ni ! '' ! ' 'i 102 states the principle as follows : ' There are two principles bearing on the subject which are universally admitted : ( 1 ) that the sea is open to all nations ; and (2) that there is a portion of the ",ea adjacent to every nation over which the sovereignty of that nation extends, to the exclusion of every other 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.' •' ' TerrsB dominium • vis.' (The sovereignty of the coast ends where the power to control it by force of arms terminates.) It thus appears that by the comity of nations, sanctioned and approved by American jurists, that the high seas are open to all ; that the territorial authority only extends to a marine league, or, at all events, not further than a force on shore can protect the coasts. " Sovereignty claimed by the United States. " It also appears that the United States, in claiming sovereignty over the Behring's Sea, is claiming something beyond the well recognized law of nations, and bases her claim upon the pretensions of Russia, which was successfully repudiated 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 nations, and would be construed by law as an agreement between individuals. Great Britain was no party to it, and therefore was not bound by its terms. " It is therefore contended that the proceedings taken against the present defendants are ultra vire." and without jurisdiction. Uut in order to press the matter further, it may be necessary to discuss the act itself under which the alleged jurisdiction is assumed. The Act must be construed by what appears within its four corners, and not by any extrinsic document. It is an Act defining a criminal ofience, and an Act which abridges the privileges and immunities of citizens must be most strictly construed, and nothing but the clearest expression can or ought to be construed against the interest uf the public in applying this principle to the present case. The terms used in the Act itself are, ' The waters adjacent to the Islands of St. George and St. Paul.' ' Adjacent,' iu Wharton, p. 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 were 50 miles from the nearest coast. In section 1956 the language is, ' the waters of Alaska.' This must also be construed by the universal law as applving to the territorial limit only. And in a letter fronr. Mr. Evarts to Mr. Foster, in A .il 1879, referring to a case in which certain American merchant-vessels were seized by the Mexican authorities for an alleged breach of the Revenue Laws, although distant more than 3 miles from shore, it was held to be an international offence, and was not cured by a Decree in favour of the assailants by the Mexican Court. " So here it is submitted that a Decree of your Honour's Court will not give any validity to the seizures here made, and the defendants, in tiling their demurrer and submitting this argument, do not thereby waive their rights or submit to the jurisdiction of the Court." No. G9. Sir L. West to the Marqvia of Salisbury. — (SulMancr telegraphed, October 14.) My Lord, Washington, October 11, 1887. WI7'H reference to the note from thr^ Secretary of State, copy of which was inclosed in my despatch of th.c 12th instant,* I have the honour to inclose to your Lordship herewith copy of a further reply to my note of the 28th ultimo, expressing regret that misconception of the intentions and orders of the President for the release of the scalers "Onward," "Carolina," and "Thornton" should have delayed their prompt execution, and stating that renewed orders have been forwarded. I have communicated copy of this note to the Marquis of Lansdowne, the sub- stance of which I telegraphed to your Lordship this day. I have, &c. (Signed) L. S. SAOKVILLE WEST. • Ste No. 73. t ..« . Vit't i-Ai. f*' ;ct which are that there is if that nation le bearing on rsal liberty of irce stationed •eignty of the thus appears that the high league, or, at the Behring's ises her claim Great Britain [es to it, but 1 nations, and iritain was no it defendants irther, it may sumed. The any extrinsic abridges the thing but the the public in elf are, ' The iu Wharton, liction of the ere 60 miles aska.' This t only. And ise iu which )r an alleged t was held to assailants by not give any umurrer and urisdiction of er 14.) 14, 18b7. which was ose to your expressing • the release elayed their ne, the suh- 3 WEST. .=4;;^ 103 '"■ " ' ' ■ ' '' Inclosure in No. 69. • . ,• • Mr. Bayard to Sir L. West. Sir, Department of Stale, Washington, October 13, 1887. CONTINUING my reply to your note of the 2yth ultimo, inquiring the reason for the delay in complying with the order issued iu .Tanuury last for the roloase of British vessels seized last year in Behring's Sea, I beg loavc to mform you that I have this (lay received a communication from my colleague the Attorney-General, informing me that his telegram to the United States' Marshal at Sitka of the 26th 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 heou addressed had not been acted upon. A renewed order has gone forward for their release, as had been distinctly directed last January, and wliich I had no reason to doubt had been promptly obeyed. In my note to you of the 11th instan^ I stated it to be my impression that no hindrance to their repossession by the owners of the vessels named 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 'ill transactions touched in our correspondence, I hasten to communicate the latest report made to rae fror. the Department of Justice. I take leave also to express my regret that any misconception of the intentions and orders of the 1 resident should have delayed their promjjt execution. I have, &c. cSigned) T. E. BAYARD. it. No. 70. Colonial Office to Foreign Office. — {Received October 1 8.) Sir, Downing Street, October 17, 18S7. I AM directed by Secretary Sir H. Ifollaud to transmit to you, to be laid before the Marquis of Salisbury, copy of a despatch from tlu^ (jovcrnor-Gonoral of Canada, dated the 2(Jth September, witli its inelosures, reapoeting the scizun? iu Behring's Sea of the British scliooner " Alfred Adams." These papers appear to Sir II. Holland to point (n a serious state of things, which seom to make it necessary that some decided action in the matter should be taki>n by Her Majcstv's Government. And lie would suggest, I'or the consideration of Lord Salisbury, wiiether it would nor l)e dcsirabh; to instruct Sir Ji. West, unless !u' has already done so, I'onnally to ])rotest against tlie rii^'lit assumed by tlie United Stiites of seizing vessels for cateliing seals lieyoud the territorial waters oi' Alaska. I am to add Sir 11. iiolland makes this suggestion, as .Mr. Bayard is re))orted in the newspapers to have stated that no ])r()l('st against their right to seize had I)een made, and to have assumed, theivfore, that iler Majesty's Government did not really dispute it. I am, &c. (Signealing schooner "Alfred Adams," and of other Canadian sealing vessels bv the United States' authorities in the Behring's Sea. 2. The letter directed to the United States' District Attoruev at Sitka, marked D in the Minister's Report, which came into the possession of mv Gov<>ruineut 111. der the circumstances described iu the Declaration of Captain Dyer, of the " Alfred Adams." m 11 i fi i^ ; . h 1 ii: i 104 lias been forwarded, toi^ether with copies of the pipers, to Her Majesty's Minister at Washington. 3. The circumstances under which the "Adams" was seized do not differ materially from those attending previous? seizures in the same waters. I have already laid before you the reasons which iiave led my Government to protest against the assumption that the Statutes under which other seizures, and I presume this also, have been made, Statutes governing the conduct of persons fishing within " the territory of Alaska " or " in the waters thereof " {vide United States' Revised Statutes, 1955, 1956), are applicable to the whole of the Avaters of the Behring's Sea, and in cases where, as in those under discussion, the vessels seized were found fishing at a great distance from the nearest land. 4. I trust that the earnest attention of Ilcr Majesty's Government Avill he given to the statements contained in the Minister's Report. No satisfactory explauatiou has yet been given of the action of the United States' 'jrovernment subsequent to Mr. Bayard's announcement of the 3rd Pebruary of the present year, when it was stated by him to Her Majesty's IMinister at Washington that " orders had been issued by the President's direction for the discontinuance of all pending proceedings, the discharge of the vessels referred to, and the release of all persons under arrest in con- nection therewith." 5. You wiU observe from Mr. Foster's recapitulation of the evidence which lie has been able to collect, and the documents attached to his Report, that an impression prevails upon the spot to the effect that orders such as those described by Sir Lionel West were actually issued from Washington. There appears at all events to be some reason for believing that a telegram authorizing the release of the vessels then under detention was in fact received by the District Judge, and tliat instructions were there- upon issued by him for the purpose of carrying out these orders. The circumstances urder which those instructions are said to have been subsequently rescinded by the District Judge have not unnaturally given rise to the gravest suspicion. 6. The Slinister has called attention with great force in his Report to the injury sustained by persons engaged in the sealing industry from tlio suspense and ■uncertainty in which they have been kept during the past season owing to the refusal of the United States' Government to give any explicit assurances as to the treatment which they might expect at its hands. I have, &c. (Signed) LANSDOWNE. Inclosure 2 in No. 70. Report of a Committee of the Honourable the Privy Council for Canada, approved by hin Excellency the Governor-General in Council on the 2lst September, 1887. THE Committee of the Privy Council have had under consideration the annexed Report of the Minister of Marine and Fisheries with reforonoe to the seizure and detention of Canadian sealing-vessels bv the United States' authorities in Behring's Sea. The Committee concur in the said Report, and tlioy advise that your Excellency be niovod to transmit a copy of this Minute and the annexed papers to the Right Uon()nral)lc the Secretary of State for the Colonies. ,\.ll which is submitted for your Excellency's approval. (Signed) JOHN J. McGEE, Clerk, Priiy Council, Canada. ■ :if! Mi I , ;, v,,,<)H. Inclosure 3 in No. 70. Report of the Minister of Marine and Fisherie». AVITII reference to previous correspondence concerning the seizure and detention of Canadian sealing-vessels by the United States' authorities in Behring's Sea, the Minister of Marine and Fislicries hogs to sul)n;it, for the consideration of his Exeelleney the Governor-General in Conncil, the following p'ipers: — 's Minister at do not differ I have already it against the this also, have " the territory statutes, 1955, , and in cases ng at a groat Avill be given y cxplauatiou subsequent to ', when it was id been issued oceedings, the arrest in con- nce which he an impression by Sir Lionel its to be some sis then under us were there- circumstances icinded by the to the injury suspense and to the refusal the treatment SDOWNE. proved by AjV 1887. the annexed seizure and in Uehring's ir ExccUcncv to the llislit ril, Canada. lud detention ng's Sea, tlic lisEseelleiiev 106 (a.) A letter from Collector flamley, of Victoria, British Columbia, dated, the 1st September, 1887, inclosing certain papers in reference to the seizure of the Canadian sealing-scliooner " Alfred Adams " in Behring's Sea. (6.) Tlie Declaration of William Henry Dyer, of Victoria, British Columbia, master of the Canadian schooner "Alfred Adams." (c.) A certificate of seizures of the " Alfred Adams," signed by L. G. Shepard, captain of the United States' Revenue steamer " Rush." (d.) A sealed and unopened letter directed to the United States' District Attorney and United States' Marshal, Sitka, Alaska. (e ) A letter from Collector Hamley, of Victoria, British Columbia, dated the 26th July, relating to the detention of the Canadian schooners " Onward," " Carolina," and " Thornton," seized in August 1886, by the United States' cutter " Corwin," in Behring's 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 vessels ; and ((/.) A letter dated the 3rd September, 1887, from the law firm of Drake, Jackson, and Helmcken, of Victoria, containing additional information relating to the same. Erom the above-mentioned papers, it appears that on the 6th August, 1887, the Canadian schooner "Alfred Adams," wliilst engaged in catching seals in the open sea, more than 50 miles distant from the nearest land, was forcibly seized by an armed vessel of the United States, her ship's papers taken, her cargo of seal-skins, 1,386 in number, together with all her arms, ammunition, and fishing implements transferred to the United States' cutter, and her captain ordered to proceed with sealed ordei-s to Sitka, and to deliver himself, his vessel, and men into the hands of the United States' Marshal at that place. This treatment of the "Alfred Adams" whilst peaceably pursuing her lawful calling on the high seas is but a repetition of the unjustifiable seizures of Canadian vessels made by tlic United States' authorities in Behring's Sea, and which have been dealt with at length in previous Reports to Council. The Minister, therefore, does not consider it necessary in this instance to traverse the ground already so fully covered, and recommends that a copy of this Report with the papers attached be forwarded to Uer Majesty's Government for their earnest and immediate consideration, and that a copy thereof be sent to the British Minister at Washington, together with the sealed letter given by Captain Shepard to tht; master of the "Adams," with the request that it be forwarded to Mr. Secretary Bayard. With reference to the attached papers (e), (/), an' (izurc, the seal-skins are forfeited, and the property of Canadian citizens forcibly withheld from them under circumstances whicli involve very great loss and damage. The Minister further observes that, with a view of guiding the action of Canadiaix citizens interested in sealing in the northern seas, repeated attempts were made previous to the commencement of the present season to obtain an oflGicial expression from the United States' Government of the policy they proposed to pursue in their treatment of foreign vessels sealing in Behring's Sea, but that these efforts proved altogether unavailing. From Mr. Bayard's communication of the 3rd February, 1887, above referred to, the fair inference, however, was to be drawn that, until the question in dispute between the two Governments as to the legality of the previous seizures had been finally disposed of, no further seizures would be made ; and thei-e is no doubt that on the strength of this communication, and in the absence of any explicit statement of policy to the contrary, Canadian citizens did, in the beginning of the present season, embark upon their customary sealing expeditions to Behring's Sea, under the reasonable impresson that they would not be interfered witli by the United States' authorities so long as 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 respectfully submitted that this condition of affairs is in the highest degree detrimental to the interests of Canada, and should not be permitted to continue. For nearly two years Canadian vessels have been exposed to arbitrary seizure and confisca- tion in the pursuit of a lawful occupation upon the high seas, and Canadian citizens subjected to imprisonment and serious financial loss; while an important and remunerative Canadian industry has been threatened with absolute ruin. This course ot action has been pursued by tlic United States' officers in opposition to the contention in the past of their Government in regard to the waters in which these seizures have taken place, in violation of the plainest dictates of international law, and in the face of repeated and vigorous protests of both the Canadian and Biitish Governments. The ^linistcr advises that Her Majesty's Government be again asked to give its serious and immediate attention to the repeated remonstrances of the Canadian Government against the unwarrantable action of the United States in respect to Canadian vessels in Behring's Sea, with a view to obtain a speedy recognition of its just rights, and full reparation for the losses sustained by its citizens. The whole respectfully submitted. (Signed) GEORGE E. FOSTER, Minister of Marine and Fisheries. Department nf Fisheries, Ottawa, September 16, 1887. ^ i| Inclosure 4 in No. 70. Mr. Hamley to the Minister of Marine and Fisheries. Dear Sir, Custom-house, Victoria, British Columbia, July 26, 1887. CAPTAIN CARROLL, master of the American steamer " Olympian," has been taking parties of excursionists to Sitka, and I asked bira 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 ; tliey have not been sold, and remain as they were, under seizure. Captain Carroll told Dawson of the telegram dated last January, purporting to have been 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 reveals a state of ) British Minister direction for the Is referred to, anil pears to have been he District Juds;e, a taken up to date forfeited, and the cumstancea which iction of Canadian smpts were nuKh; official cxpres-siou to pursue in their ese efforts proved rd February, 1887, until the question jvious seizures had re is no doubt that plicit statement of ;he present season, i Sea, under the ;he United States' ea, only, however, jntures completely the highest degree to continue. For izure and confisca- [ Canadian citizens m important and liu. This coui-se of I to the contention ;hese seizures have w, and in the face Governments, n asked to give its of the Canadian ates in respect to recognition of its TER, Ine and Fisheries. a, July 26, 1887. rmpian," has been see the Judge, the seized vessels, se of the vessels; Captain Carroll lave been sent by lame, ordering the hat it must have 107 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 ihe order for release, have sent thirtiHjn vessels again this year to the sealing grounds. One has been seized already, and if the others fall in the way of the Revenue cutters they will probably be seized also. I may perhaps learn something more from the Admiral when he returns from Alaska, and, if so, I will write to you again. Yours, &c. (Signed) W. HAMLEY. ' Inciosure 5 in No. 70. The Attorney-General, Washington, to Judge Lafayette Datvson and M. D. Ball. (Telegraphic.) Washington, District of Columbia, January 26, 1887. 1 AM directed by the President to instruct you to discontinue any further pro- ceedincs iu the matter of the seizure of the British vessels "Carolina," "Onward," and "Thornton," and discharge all vessels now held under such seizure, ana release all persons that may be under arrest in connection therewith. Inciosure 6 in No. 70. Mr. Dawson to Mr. Atkins. To Barton Atkins, United States' Marshal for the District of Alaska, YOU are hereby directed to release the vessels "Carolina," "Onward," S "Thornton," and "San Diego," which were seized in Behring's Sea for violation of % section 1956, United States' Statutes, togetlier with their tackle, apparel, skins,* guns, animuuitiou, small boats, and everything pertaining to said vessels, this 19th day of February, 1887. (Signed) LAFAYETTE DAWSON, District Judge, District of Alaska. Inciosure 7 in No. 70. Mr. Hamley to the Minister of Marine and Fisheries. Sir, Custom-house, Victoria, September 1, 1887. ON the 7th August the master of the United States' Revenue cutter " Rush " seized in Behring's Sea, 60 miles from any land, the Canadian schooner "Alfred Adams," her register, clearance, guns, and ammunition, and the seal-skins she had taken (1,386) were all taken from her, aud the vessel herself ordered to Sitka. No one from the Revenue cutter was put on board by Captain Shepard, and the master of the "Alfred Adams," instead of going, as he was desired, to Sitka, returned to Victoria, arriving here tlie 31st August. I I'orM'ard the master's depositions before a notary public, aud what Captain Shepard is pleased to term a certificate of the schooner's seizure, signed by himself. Mr. Drake, a solicitor, is at Sitka, waiting for the cases to be heard in Court. The trial was delayed for the arrival of the " Rush," and she was expected about the beginning of this month. Mr. Drake will no doubt report direct to the Minister of Justice. I have, &c. (Signed) W. HAMLEY. P.S. — I inclose also a sealed letter addressed by Captain Shepard to the District Attorney and United States' Marshal at Sitka, M'hich the master of the "Allied Adams" brought down with him, and which you can deal with in any way you think fit. '"'' -' '' W. H. [12S] * Please note sking. — C. A. M. P 2 tefr ' is* Inclosuro P in No. 70. Captain Shepard to the District Attomry and United Staten' Marshal al Sitka. To whom it may concern, THIS will certify that United Stales' Revenue steamer " Rush," Behring's Sea, August 0, 1887. have this day seized the British schooner "Alfred Adams," of Victoria. British Columhiu, Captain W. II. Dyer, master, for violation of law, and have taken cliargo of his ship's papers, viz., rosfster, shipping articles, clearance, hill of health, and log hook ; also her arms and seal-skins. Very respectfully, (Signed) L. G. SHEPARD, Captain, United States' Revenue Marine. Inclosure 9 in No. 70. Declaration. In the Matter of the seizure of the Scaling-schooner " Alfred Adams "■ by the United States' Revenue cutter " Richard Rush." ! i I, WILLIAM HENRY DYER, of Victoria, British Columlna, master mariner, do solemnly and sincerely declare that — 1. I am the master of the schooner "Alfred Adams," of the port of Victoria, British Columbia, engaged in the business of catching seals. On the 6th August, 1887, Avhile on board the said schooner, and in command of the same, being in latitude 51° 48' north and longitude 107° 49' west the United States' Revenue cutt(>r " Richard Rush " steamed alongside, lowered a boat commanded by the First Lieutenant and boat's crew. The said Lieutenant came on board the said "'Alfred Adams " and ordered me to take tlie ship's rt^gister, log-book, articler, and all others of the ship's papiu's on board the " Richard Rush." In obedience to his command, I took all said papers and accompanied tlie said Lieutenant on board the " Richard Rush." When I arrived on board the " Rush," the Captain of the "' Rush " asked me what was ray business in the Behring's Sea; I replied taking seals. He inquired how- many skins I had ; I replied 1,380. He then said he would seize the ship, take the skins, arms, ammunition, and sjjears. I stated I did not think the ship was liable to seizure, as we had never taken a seal witliin 00 miles of Ounalaska, nor nearer St. Paul's than 00 miles south of it, atul that we had never been notified that tlie waters were prohibited, unless landing and taking them from the Island of St. Paul's. He stated he must obey the orders of his Government, and that our Government and his must settle the matter, and ordered me to proceed on board the said schooner and deliver up my arms, ammunition, and skins and spears. lie sent two ])oats belonginir 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 1,380 skins, 4 kegs powder (3 triple F and 1 blasting powder), 500 shells, 3 cases caps and primers, 9 breach -loading double-barrelled shot-guns, 1 Winchester rifle, all in good order, and 12 Indian spears, and he then gave mo a scaled letter addressed to the United States' Marshal and United States' District Attorney at Sitka; he also gave me an acknowledgment of the goods taken, and also gave rac a certificate that the said schooner was under seizure, and, after being alongside for about 3^ hours, I received orders in writing to proceed to Sitka, and report to the United States' District Attorney and Marshal : we then parted company. My crew consisted of myself, mate, 2 seamen, 1 Chinese cook, and 21 Indians. Previous to the said seizure we had spoken the schooner " Kate," of Victoria, and had been informed l)y the mate of that vessel that the crews (and particularly the Indians) taken to Sitka on schooners previously seized had been very badly treated. The Indians became very mutinous on learning that we were to proceed to Sitka and report to the United States' authorities ; they 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. 109 ai Sitka. ^ehring's Sea, Doner "Alfred or violation of pping articles, And I make this solemn Declaration, conscientiously believing the same to be true, and by virtue of the Oaths Ordinance, 18GU. ' (Signed) W. H. DYER. Declared before me this Ist day of September, a.d. 1887, at Victoria, British. Columbia. (Signed) H. Dallas Hklmcken. A Notary Pul)liein (I il for the Province of British Columbia. (L.S.) venue Marine. Inclosure 10 in No. 70. Messrs. Drake, Jnckson, and Helmcken to the Minister of Justice, Ottawa. by the United naster mariner, ort of Victoria, lie Gth August, same, being in Revenue cutter by the First he said '' Alfred ind all others of his eommaiul, I the " Richard lush " asked me [e inquired how c ship, take tiie ip was liable to ika, nor nearer lotified that tlie ul of St. Paul's. irov(!rnment and id schooner and Iwats belongiuK the " Rusli " II hoard the said jk from tlie said der), 500 shells, 1 Winchester a sealed letter torney at Sitka ; mc a eertificiite iside for about to the United y crew consisted ious to the said 'en informed liy iken to Sitka on lis became very to the United avoid trouble, I he Slst August, [gjr^ Virlaiia, British Columbia, September 3, 1887. WE have the honour to inform you that we are in receipt of a letter from our [Mr. Drake, written from Sitka, under date the 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; :a8sumption that the telegram was a forgery. No official letter of any sort, either confirming the telegram or respecting the affair, has been received at Sitka. Tlu! -schooners now seized and at Sitka are the "Anna Reck," "W. V. Sayward," ^" 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 Mie Kevenue cutter " Rush ;" also that, judging from the past and the views held by the Court, the result would most probably bo the same, and urges that; immediate steps jhould be taken to prevent the imprisonment of the masters, and ihat he would obtain 'declarations from the masters duly certified, and enter a protest at the trial. >f The " Rush " was not expected at Sitka until yesterday. 'M' Regarding the seizure of th(! " Alfred Adams," we have to state that the schooner tas arrived here safely. The declarations of her captain. Captain Dyer, and his rntui ave been duly taken, which her owners, Messrs. Guttman and Frank, of this city, %esterday handed to Honourable Mr. Stanley, Collector of Customs, together vvitii a vfeealed letter, which the commander of the " Rush " handed to Captain Dyer, to be delivered to the District Attorney at Sitka. These papera no doubt Mr. Stjinley has ^already forwarded to the proper Department. We have since forwarded a cony of this information to the Right Honourable Sip John A. Macdonald, K.C.B., &c. "W^c ImvG Slg (Signed) ' DRAKE, JACKSON, anj) HELMCKEN., Inclosure 11 in No. 70. Mr. Burbidge to the Deputy Minister of Fisheries, Ottawa. Sir, Department of Justice, Ottawa, September 12, 1887. I HAVE the honour to inclose, for your information, a copy of a letter which has ibeen received by the Minister of Justice from Messrs. Drake, Jackson, and Helmekcn, [in which they report with reference to the sealing vessels which have been seized in [the Rehring's Sea by the United States' authorities. I am to state that the Minister of Justice has taken no action with respect to this [communication, but that he is of opinion that the Minister of Marine and Fisheries l^hould, at his earliest convenience, take steps to communicate the substance thereof to the Colonial Office and to the British Minister at Washington. I have, &c. (Signed) GEO. W. BURBIDGE, Deputy Minister of Justice. 110 t I No. 71. TTke Marquis of Salitbury to Sir L. West. — {Suhntancp telfgrnphrd.) Sir, Foreiyn Office, October 10, IS87, INFORMATION has reached Her Majesty's (ioveriiment from Ihe Goveriimtiu of Canada that a further seizure has l)een niudo of a Cunndian vessel, the " Alfred AduniD," hy the L'nited States' Revenue-culter " Rush," wiien engaged in seal-tis^hin^ in Hehrin^'s Sea in latitude .54° 48' north, and longitude 167° 49' west, more than 5U luiles distant irum the nearest land. I have to request that you will forthwith address a protest to the Government of the United t^tates against this seizure, and against the continuance of similar proceedingt> on | the high seas hy the authorities of the United States. I am, &c. (Signed) SALISBURY. i it No. 72. Forei(jn Office to Colonial Office. Sir. Foreiyn Office, October 20, If-R?. I AM directed by the Marquis of Salisbury to acknowledge the receipt of your leltir of the 17th instant inclosing copies of a correspondence received from the Governor- General of Canada relative to the seizures by tiie authorities of the United States uf certain British vessels when engaged in seal-fishing in Ueliring's Sea. With reference to the latest case re[-()r\d, that of the Canadian schooner "Alfrd Adams," I am to request that you will inform Sir 11. Holland that a telegram has han sent to Her Majesty's Minister at Washington directing liiin to make a protest to the l'nited States Government against the seizure of that vessel, and the continuance on the high seas of similar proceedings l>y tiie authorities of the United States. With regard to the report that it had been stated by Mr. Bayaid that no protest imd been made against the right of those authorities to make the seizures, and that it iiad hciii therefore sissumed that Her Majesty's Govirninent did not really dispute the right, I am to remind you that Sir L. West, acting on the instructions which were given to him bv the late Earl of Iddcsleigh on tiic 20th October, 1886, addressed a note to the United Stulcs' Secretary of State protesting, in the name of Her Majesty's Government, against tlie seizure of the three Columbian schooners "Thornton," "Onward," and "Carohna" hy the United States' Revenue cruizer "Corwin." I am further to point out that the directions given to Sir L. West in regard to subsc- ()uont seizures of other British vessels in Behring's Sea during the present fishing season, which were en>bodied in Lord Salisbury's despatches of the 10th and 2Tth ultimo, amount to a protest against the assumption by the United States' Government of their right to seize British vessels on the high seas in those waters. 1 am to request that in laying this letter belbre Sir H. Holland you will move him to ascertain by telegraph whether the Report of Mr. Foster (the Canadian Minister ot Marine and Fisheries) of the 15th ultimo has been conmmnicated by Lord Lwinsdowiie, witii the papers attached, to Her Majesty's Minister at Wasliington, as suggested in the Report. On learning that this has been done Lord Salisbury proposes to authorize Sir L. West to give a copy of them to Mr, Bayard. I am, &c. (Signed) JULIAN PAUNCEFOTE. No. 73. Sir L. West to the Marquis of Salisbury. — {Received October 21.) My Lord, Washintiton, October 12, 1887. IN accordance with the instructions contained in your Lordship's telegram of the 27tli ultimo, I addressed a note to the Secretary of State, copy of which 1 Lad the honour to inclose to your Lordship in my despatch of the 28th ultimo, inquiriii!; the reason why the vessels referred to in his note of the 3rd February last had not been released, and I now iuclosu copy of the I'cply which I have received thereto. I have, &c. (Signed) L. S. SACKVILLE WEST. in •npked.) hloher 10, ISfi?. the Uovcriiiiu'iiiof 5 " Alfred Adutns," 11); in HeliriiiK's Sea les distant imm the Government of the ilur proceeding,')! on &c. SALISBURY. >'.lr: IncloRure in No. 73. Mr. Bayard to Sir L. IVeat. October 20, 1887. ccipt of your Icltir om the Governor- e United States of i schooner "Alfred \ telegram has bicn e a protest to the continuance on the I. that no protest Imd iid tliat it had luiii )utc the right, I am n\en to hi:)i bv the f the United Statts' )ment, ugaitibt the nd "Carohna" hy in regard to subsc- sent hshing season, and :^7th ultimo, uvernment of tlnir u will move him to culian Minister of Lord L.insdowne, s suggested in the M es to authorize Sir 'AUNCEFOTE. r2i.) htober 12. 1887. irdship's telegram y of which 1 bad ultimo, inquiring uary last had not ived thereto. iriLLE WEST. gj. Department of Stntf, Washinijtnn, OrloherW, 1887. I HAVE the honour to acknowhnlge your notn of tlie 2Hth ultimo, stating that Irr Majesty's Government had Iweu oHlcially informed that the British vessels referred to in my note to you of the 3rd February Inst liad not \mn\ mloasejl, and Lskini,' the reason for the delay iu complying with tJio orders of the Executive in that egard. Upon receivinjf your note 1 at once wrote my colloague the Attornoy-leneral, ns ho Head of the Department of .Tustiee, in order that I mij,'ht be enabled to reply Btisfaetorily to yotir inquiry. I am still without an answer from him, which, when ccivod, slmll be promptly eonmiunicated to you. In the meantime, in neknowledijins your note, I take occasion to state my nprcssion— that if the three vessels seized, and ordered to be roloas(>d, liavo not lu-en Bpossessed by their owners, it is not beeausu of any hindmnee on i\w \mYi of any Lffieial of this Government, or failure to obey the order for release, but probably lecause of the remoteness of the locality (Sitka) where they were taken after arrest \t adjudication, and the proceedinufs havini,' Iteen in rem, thi^ owners have not seen opor to proceed to Alaska and repossess themselves of the property in question. I have, &c. (Signed) T. F. BAYARl). 4^ No. 74.. Sir L. West to the Marquis of Salisbury. — (Received October 24.) My Lord, Washington, October 12, 1887. i WITH reference to your Lordship's despatch of the Ifith ultimo, respecting tijte judicial proceedings in the eases of the schooners "Carolina," "Onward,"' and flitrhrn-nton," I have the honour to state that, from what I can ascertain, the noti«H5 f appeal in these eases in still lying in the Sitka Court, for there is no Court which under the Act of Con£;rcss the injured parties could appeal, and as in the case the American vessel "San Diego," no further steps can be taken in the mrttcr. „ I have, &c. (Signed) L. S. SACKVILLE WEST. No. 75. Sir L. West to the Marquis of Salisbury. — {Received October 24.) ly Lord, Washington, October 12, 1887. IN accordance with the instructions contained in your Tjordship's despatch the 27th ultimo, I addressed a note to the Secretary of State, copy of which [ [iv3 the honour to inclose herewith, making similar representations respecting tie seizure of the British vessels " Gkicc," " l)olphin," and " W. P. Sayward," as re made in the cases of the " Onward," " Carolina," and " Thornton," and reserving rights to compensation on behalf of the owners and crew. I have, &c. (Signed) L. S. SACKVILLE WEST. luclosure in No. 75. . Sir L. West to Mr. Bayard. ■ ^ ' Washington, October 12,1887. IN connection with the representation which I was instructed to make to you Bpecting the seizure of the British schooners "Onward," "Carolina,'' and "Thornton," the United States' cruizer *' Corwin," in Bebring's Sea, I have the honour to inform il I I iri' I' 112 you thnt I am now furthor instniotod to mako similar ropresontations in the panes of tlio HritiHh Columbiun vossois "Cjruco," " Dolpliin," uiul " W. 1'. Snyward," wizid lately l»y the United States' llevcnno cutter " lliehard Rusli," and at tlic same time, (is in tliucascof tlic "Onward," "Carohna," and "Thornton," to reserve? all rijjiits to compensation on ))olialf of tlie owners and crews. 1 am also instrueted to point out to you that, according to the deposition of tlic mate of the "W. P Say ward," copy of wliieh is inclosed, no seals had neon taken liy her crew in Hehrini^'s Sea as is allej^ed in tiie lihels of information filed on behalf of the United States' District Attorney in the District Court of Alaska. I am, &c. (Signed) L. S. SACKVILLE WEST. No. 76. Sir L. West to the Marquis of Salisbury. — {Received October 24.) My liord, Washington. October 14, 18S7. I HAVE the honour to inclose to your Lordship herewith copy of the re|)ly which I liave received to my note of the 12th instant, copy of which was inclosicd in my despatch of the 12th instant, respecting the seizure of the " Grace," " Dolphin," and " W. P. Say ward." I have, &c. (Signed) L. S. SACKVILLE WEST. Inclosure in No. 76. Mr. Bayard to Sir L. West. Sir, Department of State, Washivgton, October 13, 1887. I HAVE the hononr to acknowledge your note of yesterday in relation to tiie eases of the seizure of the British schooners "Unward," "Carolina," and " Thornt(jii," in liehring's Sea, hy United States' llevenue vessels in August 1886, and also your instructions to include hy similar representations the cases of the British Columhian vessels "Grace," "Dolphin," and "W. P. Say ward," seized by the United Statts' Jtevenue authorities in Behring's Sea, with notilieation that ller Britannic Majesty's (jovernment reserve all right to compen.sation on behalf of the owners and crews of the al.ov(vmentioned vessels. The allidavit of the mate of the "W. P. Sayward" has been read, and the facts therein stated will be at once investigated. I have, &c. (Signed) THOMAS F. BATAED. No. 77. Sir L. West to the M'.trquis of Salisbury. — {Received October 24.) My Jjord, Washington, October 14, 1887. I HAA'^E the honour to inclose to your Lordship herewith copies of the brief I recently filed in the Court at Sitka by the counsel for the United States' Government wliieh has appeared in the " New York Herald," as well as an article thereupon from that Journal. I have, &c. (Signed) L. S. SACKVILLE WEST. I I Inclosure 1 in No. 77. Extract from the " New York Herald," October 18, 1887. Ottawa, Ontario, October 12, 1887. THE GoTernment here are in receipt of advices from Sitka which contain tlie I brief which is understood to have been prepared at Washington and recently filed in 8 in tlio cnscs of Wayward," nchvi lie same tiiin',ai pvo all rij^liti* to leposition of the (1 licen tiikt'ii l)y ilcd on buhaH'ol LLE WEST. 24.) ober U, 1887. py of tbo reply was inclosed in ce," " Dolphin," LLE WEST. ober 13, 1887. 1 relation to tlie ml " Thornton," , and also your itisk Columbian United States' annic Majesty's ers and eie\\s of d, and the facts BAYAKD. 24.) ohcr 14, 1887. pies of the brief I tes' Government thereupon from LLE WEST. ober 12, 1887. jich contain the j recently filed in 113 the Court at Sitkti by Mr. A. K. Delaney, as counsel for the United Stat-.-s' Oovcrn- mcnt. Tlio following; is a terbatim copy of tbo brief : — < • ■ . ; "Case. "The infonnafion in this case is based on Section 1956 of Chapter 3 of the Tlcvised Statutes of the Tnited States, wliicU provides that ' No person sliall kill any otter, mink, martin, sable or fur seal, or other fur-beariu'j animal within the limits of Alaska Territory or in I lie waters tlu^reof.* "The olTencH! is ebarijed fo have been committed 130 miles north of the Island of Ounalaska, a..(l therefore in th(> main waters of that part of the Hebring's Sea ceded by Russia to th«> lliiittnl States by the Treaty of 1807. The defendants demur to the information on the jjjround— - " 1. That the Court has no jurisdiction over tlie defendants, the alleged offenco having been committed beyond the limit of a marine leagu .isdiction and dominion of the Unitetl States as to those waters be vnot sustained the restrictive Acts of Congress must fall, and if our jurisdiction shall ,be sustained small question can bo made as to the power of Congress to regulate jjfishing and scaling M-itliin our own waters. The grave question, one important to all 'V the nations of the civilized world, as well as to the United States and Great Britain, is • the dominion of Behring's Sea.' " The Thee Mile Limit. " Concerning the doctrine of international law establishing what is known as the marine league belt, which extends the jurisdiction of a nation into adjacent seas for the distance of 1 marine league, or 3 miles from its shores, and following all the indentations and sinuosities of its coast, thoi-e is at this day no room for discussion. It must be accepted as th(> settled law of nations. It is sustained by tbo highest authorities, law-writers, and jurists. It has been sanctioned by the United States since the foundation of the Government. It was affirmed by Mr. Jefferson, Secretary of State, as early as 1793, and has been reaffirmed by his successors — Mr. Pickering, in 179G; Mr. Madison, in 1807; Mr. Webster, in 1842; Mr. Buchanan, in 1849; Mr. Seward, in 18G2, 1 8G3, and 18G4 ; Mr. Fish, in 1875 ; Mr. Evarts, in 1879 and 1881 ; and Mr. Bayard, in 188G. (Whcaton's ' International Law,' vol. i, sec. 32. pp. 100 and 109.) "Sanctioned thus by an unbroken line of precedents covering the first century of our national existence, the United States would not abandon this .loctrine if they could ; they could not if tliey Avoukl. " Landlocked Seas. " Well grounded as is this doctrine of the law of nations, it is no more firmly established as a part of the international code than that other principle which gives to a nation supremacy, jurisdiction, dominion over its own inland waters, gulfs, bays and seas. If a sea is entirely inclosed by the territories of a nation, and has no other communication with the ocean than by a channel, of which that nation niav take possession, it appears tliat such a sea is no less capable of being occupied nnd becoming property than the land, and it ought to follow the fato of the country inat surrounds it. The Mediterranean in former times was absolutely inclosed within the territories of the Romans, and that people, by rendering themselves masters of the strait which joins it to the ocean might subject the Mediterranean to their Empire and assume the dominion over it. They did not by such proceeding injure the rights of other nations, a particular sea being manifestly designed by nature for the use of the i l' 114 i II! Hi I Tin I !m 1 1 I i • coniilnVs nntl imtioiis timl suitohiuI it. (Vattd'n ' l/nv ol Nntions,' pp. 12!) uiid l.'U).) " Cliaiiccllor Kriil, in 1H2(5, hol'orc llic (l(»ctriti< ns to tlic imiriiK^ Icii'^iu" limit was ns llniily cslablislicd ns it now is, siivs : — "'II is (lilVuMiIt t(» (Iniw Miiy prcciNo orMclrrtiiiiKMl (•'Hiciusidii iiiiiid tlic viiiidy ol" (ipiiiioiis as to tlu> distaiKMi a Stai(> may lawl'nlly cxlciid iIh cNclusivc dominion over tli(> seas adjoining its t(M'i'ilorii',s and licyond tlii)S(> portions ol' I lie sea wliicli jin^ <'ml)rn('od by liarlKMirs, ji;nir,s, bays, and est navies, ami ovit wliicli its jnrisdiclidii nnqucstionalily oxtonds.' (I\(>nt, vol. i, p. ^S.) ^' Jurisilir/idii (if Sttttt's, "It lliMs appears that. Mltilc in 1S2(> tlu( limit cd' tlic marine lielt was nnseltleil, tlie jiirisdietion of a State uwv its inland waters was nnipiest.ioned. "'In tl\e laws ol' nations bays are reiiardiMl as a part ol' the leri'itory ol' tin' oonnlry when tbi'ir dimensions .and <'(intii4nr;itions are sneh as to sliow sliat the'iiatinii (tcenpyim; \\w eoast tdso oeenpies the bay as a part of its terril(n'y." (Mannin'^'s • l,inv of Nations.' p. I2(*.) "VAn inland sea or lake beloni;s to tli!' Slate in wbieh il is leri-itorially sitnaleii. As illnslrations. may bo mentinned the inland laK's whose entire body is within the Unilcd States, and the Sea of A/.ol'." (Wheaton's ' Internatimial Law," vol. i, see. .'M.l "'lUvers and inland lalves and s(>;is. when contained in a part ienl;ir State, aiv subj(>et to the Sov(>reiu:n rnational law that imr ri^;hl to I5, <'onsidered the whole oi' Didawarc^ May tc? be within onr territm-ial jui-isdietion. and it rested its idaim upon tlies(> authorities, wdueb .adnnt that ljuH's. channels, and arms ol' the sea beloni^ to tlio people within whose land they are ei\eompasscd.' (Kent's Com., vol. i, p. ri2H.) " Tlir Dorlriiic (iliniijs (isfi'rlcd, " It thus jippe.'irs Ih.at our (iovernm(M\t ass(>iled this doctrine in its infancy. II was announced by Mr. .l(r,sou as Secretary ol' Stale and by the Attorney-'ieneral in ITO.'l. !Mr. Piekerinii', Secretary ot' Slat(> in IT'.Xi. renlllrms il, in his letter to tlu; Governor of Virijinia, in ili(< followin-:; lan^nat^e : 'Our jurisdiction has been li\ed In «xt(>nd ;} ij'eoil mih^s from our shores, with the excepticm of any watrrs or bays which ar(> so l,\ndlock(>(l as to be nmpiestionably within the jniisdiction of the States, 1)0 their extent what tlicv nuiv.' (Wheaton's ' International Law,' vol. i, see. '\'l, pp. 2-1 0(K) " Mr. 1?nehanan, Sei-retary ol' Stale, to Mr. .Ionian, in isIJi, reiterates this ride in the followinir lansjjn.-ifje : 'The exclusive Jnrisdicticm of a nation extends to tlic ports, harbours, bays, mouths of rivers, and adjacent |)arts of lh<< sea inclosed by hend- lands." ^Idem, ]>. 'lOI.) "^Mv, Seward, in the Senate in r8ri2, substantially enunciates the Ham(Mloctrine In decliirini; that, if we r(>!icd ;ilon(> upon lh<' old rule thai only those bays whoso entraaci' from headland to headland do not exceed (i miles are within the territorial jurisdiction nl' the adjoining )iat ion, our dominion to all the larij;cr and more imp(n'tantr arms of llic sea on both onr Atlantic and I'acilic coasts would have to be surrendered. Our ri;j,iit to jurisdiction over those rests with th(> rul(< of international law which i,'ives a nnlioii jurisdiction over watei's embraced within its land dominion. Hi I' " liehriiKj's Sea [nland IVatar, " It thus ap]»oars that from our earliest history, contemjjoraneously with our acceptance of the principle of the mariim leasiue bolt and su])])(n'ted by the sanu' hifih authorities is the assertion of the docirino of our rifj^ht to dominion ov»m" oiii' inland waters nnd(>r tlio Treaty of ISCiT, and on this rule of intornational law' w(> base our claim to jurisdiction ami dominion over tho waters of IhoUohring's Sea. While il is, no doubt, true that a i. irion cannot by Treaty acquire doir.Inior in contravention of tho law of nations, it is none tho loss true that, whatcnor title or .ominion our g-antor, Russia, possessed under the law of nations at tho time of the Treaty of Cession in 1867, 116 itms,' pp. 121) i(> l('!i'^n(> limit nid tli(< VMi'icty ' iloMiiiiidii liver sen wliicli iiro its jiirisiliclioii pnsHdd ami now riKliH. Iliiviri-,' (b'tciiiiiiuMl tlir law, woavn next Iwl lo iruiuiiv as to wlic-tlicr H(!liriiit,i!r or a p.ul. of tlie onori odcaii, mid what was ISiisNla's jiirisdicitiou nvrv it. " JUdirinij's Hca is an iidaiid wator. l{t!>?i«">i"K <"> *■'"' ••'»><'''i'" <''>asl, of Asia, this l)ndv authorities, ^ people within ts in fancy. It •Mey-(ieneral in is Ictlcr to the i heeil ri\ed lo waters or hays u of t he States, vol. i, sec. !{2, " UiishIu's Title and nnminion. ' ' " II will not he denieil thai al Hie time the United States a(!(|nir(Ml the 'I'cirri- ! lory of Alaska hy tin- Treaty of IH(J7, the watern uf the JJehrini^'s Sea wasinul only the shores ol" liussian territory. ' The territory on the Asiatic; side she had i)ossesscd ' humm [the nieuKtry ol' man runneth not to tlu! <'ontrary.' Her *iti(! to the other portions ot! ithose shores and hi-r dominion over [hv waters of the JJchrin-^'s Sea are hased on 'dis'-overy and settlement.' ; ', i. .; " Ponsension (tjifl Hupremary, . , ,. ' " The ri'.,'ht of a nation to aiiciuirc lunv territory by di.scovery and pfissession has nHsen HO universally recoj^ni/ed hy the law of nations that a citation of authorities Ih Hcarcely necessary.' Upiiii (his su'hject the most einincnit as well as the most eonserva- tivi- ol'" authorities says: 'All mankind have an etpial ri^ht to thin!,'s Hiat have not yci. i'lillen into the poss(,'ssion of any on(>, and those Hiin^'s helonij to tin; j)ers()n who flrsi takes |ii)ssessiou of ihem. When, (hon;l'ore, a 7iation llnds a country uninh.ahited and without an ownei', it may lawfully take possession of it, and after it has •ufllciently made known its will in this respetjt it cannot he deprived of it hy another 'fitttion.' ' "'Thus navif^ators i^oin^' on voyages of discovery, furnished with a commission from their Sovereif^n, meetinj^ islands or othiir lands in a desert state, have taken pos- "'icssion of ther/i in the name of tliciir nation, and this title has heen usually n's|)eeted, provitUid ii. was soon f(dlowed hy a n^al ])ossessi(m.' 'When a nation tak(!s possession of a country to which no ja-ior owner can lay (daim, it is considered as a(!!|uirini; tho empire or sovcreij^tity of it at the same timt! with the domain.' 'The whole spacic f)vcr Iwhieh a nation extends its (.••ovcifiiment heeomes the seat of its jurisdiction and is Balled its territory.' (Vattel, ]). JiH.) "Such being the law, W(! are led to inquire as to on what dificoverics, pt)SsesHions, land occupation Uussia's right to dominion in North Amcjrica is based. -rail's this I'ule extends to till' •loscd hy head- ime doctrine li_v whose cutraiiei' jurisdietion ol' lit arms of ilic I'd. Our right •fives a nalimi iisly with our I by the same iiiuion over oiii' al law we hase Soa. Whih' it Dnti-avontion of on our g-antor, Session m 1867, -'J " Ifisloricdl 8hetrh—n2r>-\m7. " III 1.72.., uiider tho commission of that wondrous cDiabination of iron and [ energy, Peter the rjreat, an expedition was organized, crossed the contincmt from ;8t. r(!tersburgli to Kamchrttka, where a vessid was con,structed, and in duly 1728 I aailod for explorations to t'li; north and east. That vessel was the '(jabriel.' Her I master was Vitus IJeliring, a name destined to historical immortality. On tlie i expedition iJehring crossed the waters of the Sea of Kamcliatka, discovered and I named the Island St. Lawrence, midway betweini which and the Asiatic mainland j our boundary- line is laid down by the Treaty, and after passing through the straits ! which bear his name returned to St. l*(!t<'rsburgli. " In I73;i a second expedition was organized under the auspices of the (iovern- |ment and the commission of Queen Anne, and with Behring, i-aised to the rank of j Admiral, at its bead, repi.uted tin; long and drear journey across Siberia, and in .f unp, 1711 sailed for new discioveries. In .July of that year jJtdiring sighted the American 'continent, some authorities claim at the oHtli degree of north latitude, others at tho ! 50th degree. The latter is pmbably correct, as it rests on the authority of Stellar, who accompanied the expedition, and Behring undoubtedly sailed as far south along ;the American coa,st as the t5th parallel, in accordance with his instructions. But •what is more pertinent to this inquiry, he discovered several of the Aleutian Islands and the Komandcroff group or couplet. On the larger of this coujilot, which bears his name, the hardy navigator. at't n I If ill i 1 i 11(V " Rusman Discovery. " But the spirit of Eussian discovery survived liim, and from the startinfy point lie began tradora, hunters, and adventurers made tliou- way from island to island until the whole Aleutian chain, and with it the mainland, was discovered, in 1743, 1745, 1747, and 1749 a Cossack ^ rgeant namcsd Bossof made four consecutive voyages from the mainland of Kamchatka to the Behrinj^ and Copper Islands in vessels of liis own con. struction. In 1715 a sailor named NevidchinoF, wlio had served under Behring, crossed the channel which connects the North Paeltic Ocean with the Bohring's Sea and discovered the Islands of Attoo and Agatoo, the former of whi(rh now marks tlie west(n'n limit of our land dominion. In 1741 a small Russian merchant-vessel reached the Island of Atka and some of the smaller islands surrounding it. " Ten years later Glottoff , in a ship belonging to an Okotsk merchant, advanced as far as the Island of Ounak, and subsequently discovered Ounalaska and the whole of that group of the Aleutian chain known as the fox Islands. lie made a Map of his explorations, which includes eiglit islands east of Ounalaska. In 17(50 a Russian merchant, Adreian Tolstyk, landed on the Island of Adak, exjiloi-ed it and some of the surrounding islands, and made a report of his discoveries to the Russian Crown. This group was named after him, the Adreian Islands. The next year a ship belonging to a Russian merchant named Bcchevin made the coast of the Alirska Peninsula, and in the autumn of 1702 Gh)ttoff, who discovered Ounalaska and the Eox Group, reached the Island of Kodiak. In 17fiS t*vo captains of the Imperial Navy, Krenitzen and Levashoif, sailed from Kamchatha in two Governm(!nt vessels, and the former passed the succeeding Avinter at Kodiak, and the latter at Ounalaska. "Twenty-five years succeeding tho death of Behring the spirit of d.t;/")\ery had planted the Russian ensign along the entire Aleutian chain, from Be,) 'np, V-.nd to the mainland of the North Ajnerican continent. " After the Seah. " Possession and occupation followed the footsteps of discovery, and settlements and trading posts were established at the more favourable points along the line. Expeditions, stimulated by the large remunerations of the fur traffic, were constantly fitted out at the ports along the shores of the Sea of Okotsk and the mouth of the Amoor River for voyages of trade and ex[)loration in the new ciountry. Lieutenant Elliot, in his RejOTrt on the seal islands, published with the Tenth Census of the United States, estimates that no fewer than twenty-five ditVcrent Coni[)anies, with quite a fleet of small vessels, were thus employed as early as 1772. Under the auspices of one of these Companies, ShckelofF, a merchant of Rylsk, founded the first ixu'manent Settlement on the Island of Kodiak in 178 1. From this point exploring cxjjcditions were sent out, one of which crossed the strait between Kodiak and the mainland which bears Shekeloff'i name, and explored the coast of the mainland as far as Cook's Inlet, upon the shores of which in 1780 a Settlement was establislied. "Another pushed along the coast to Prince William Sound and Cape St. Elir the latter of which was located by Behring in 1741. In 1788 another of ShekeV f . shij)s visited Prince William Sound, discovered Yakutat Bay, and made a thorough exploration of Cook's Inlet. In the meantime, in 1780, Gehrman Pribylov, a Muscovite ship's mate, sailed from Ounalaska in a small sloop called the "St. Georgv," dis'-'overed the islands vhieh bear his name, located in the heart of the Behring's Sea, and now far famed as the only seal rookeries in the known world. " Baranoff's Mission " In 1790 the Shf'keloff Company placed at the head of all enterprises in the new country that restless spirit whose energies clinched Russia's dominion to her posses- sions in North America, Alexander Mai-anofT. Arriving at Kodiak, he ehange>' ^hc head-quarters of the Company to ihe harbour of St. Pauf where the village ox m M name now stands, and the next year one of his skippers passe;^ ii:.'nd the exh- • ' of the Alaska Peninsula and along the north-western coaut to ^'lis' . Bay, discovtii .. Kvichak River and the Lake Llamna, and crossed tlu^ portage ..) the mouth of CooK ;. Inlet, thus finding the safest and quickest means of communication I jtween Shckcloll' Strait and the Behring's Sea. " In 1794 Bartxnotf established a ship-yard al Rc: i vi.>,jtic;i I'uv, on Prince William Sound. About this time the first missionaries of the Grte' ' hurch arrived, and 1J7 tarting point lie island until the ?43, 1715, 1747, )yagcs from the of his own con- undor Bcliring, :!liring's Sea and now marks tlie t-vcsscl reached jliant, advanced . and tho whole made a Map of 1700 a Russian it and some of R-ussian Crown, I ship belonging vska Peninsula, Hie Tox Group, ^avy, Ivrenitzoii and the former " d'..sf")\ (>ry I'ad md settlem(>uts along the line, were constantly ic mouth of the ■y. Lieutenant .IS of the United a, with quite a the auspices of first p(n'manoiit ing expeditions L the mainland is far as Cook's Cape St. Eln- r of Shoko'. r. ide a thoroi rli m Pribylov, a " St. Georg'."," ! Behring's Sea, iscs in the new 1 to her pcsscs- 10 changes' Uie ! village the 5t 'r\t cxtro^.'i'. ay, discovti:i„:. louth of CooK j ween Shokcloll' Prince William !h arrived, and Missions were established at Kodiak, Ounalaska, and Spruce Island. The next year Baranoff extended his operations and tradi'ig posts to Yakutat Bay. Following this ■was the consolidation of all Russian interests in North America, giving rise to the Russian-American Company, which Avas chartered tho year that Baranoff founded Sitka, 1709. The possessions and supremacy Russia gair"d under this Corporation have been so universally acknowledged and widely understood as to searctly need comment. Under this Company, chartered by the Crown, patronized by nobility, sustained by the sineiss of consolidated capital, and led by tl;e tireless energy of Baranoff, new explorations and Settlements inevitably followet!. " As early as 1806, aside from trading posts and Settlements along the A leutian Islands, wc find the Russian-American Company had established fourteen fortified stations from Kodiak to the Alexander Archipelago, -now known as Soutli-eastern Alaska — one at Three Saints Harbour, one at St. Paul Island, one on tiic Island of Kodiak, one ofl' Afognak Island, one at the entrance of Cook's Inlet, three on tho coast of the inlet, two on Prince William Sound, one at Cape St. Elias, two on Yakutat Bay, and one at New Archangel, on the Bay of Sitka. "Along Ihe Coast. " After the death of Baranoff, in 1819, his successor in charge of the affairs ot the Company, Lieutenant Yanovsky, made extensive explorations of the coast and mainland above the Alaska Peninsula. One expedition explored and made a preliminary survey of tlib f^oast from Bristol Bay as far as the moutli of the Kuskovim River, discovering and locating that stream and also the Island of Nunivak, on parallel GOth degree, in Behring's Sea. Another passed beyond the mouth of tho Yukon to Norton's Sound, and another entered the Nushegak Piver just above Bristol Bay, pushed into the interior, and crossed the mountains and tundras into the valley of the Kuskovim. Following these, in 1824 and 1826, were the explorations and surveys of Ethloin and Lucdkc, further north on the coast of the mainland. " In 1824 that eminent divine of the Greek Church, Bishop Veniamanolf, visited ;the coast between Bristol Bay and the Kuskovim, establishing Missions, chapels, and churches. Previous to this time, in 1815, Lieutenant Kotzcbue, under the patronage ■ of Count Rumiantzo, had discovered and surveyed Kotzcbue Sound and the Arctic coast of America as far as Cape Lisburne. Lieutenant Tebenkof, of the navy, in 1835 establiEhed Missions and redoubts at St. Michael's, on the Norton Sound, and in 1838 an expedition fitted out by him located Point BarroAv. Mcanwiiile, expeditions had penetrated into the interior. Glazunof ascended the Yukon as far as Nulato and made tho first portage between that river and the Kuskovim in 183t^ while Malakof reached the same point from the redoubt established by Veniamanoff on the Nushegak, by way of that river and the Kuskovim. "They were folbwed by Lieutenant Zagoskin, of the ImTierial Navv, avIio in 1842-43 Avith five assistants made extensive explorations of basins of tiic Yukon and Kuskovim, a voluminous journal of which is noAV in print. " Unbroken Ponsession, "This brings us to the close of the first century of Russian discoveries and occupation in North America. It is needless to follow further, as tiie twentv-five years intervening between 1842 and the date of the Treaty of fi.e United States are but a continuation and repel ii;')n ot Russiin occupation and supremacy of this territory. That possession Avas ne 'cr change i or broken until it passed to tiie United States under tho Treaty of 18G7. The archives of Russia will further show that the Imperial Government it lelf not only fostered those discoveries, but from the earliest period has assorted and exercised dominion over the North American possessions. "'I'Jic discoveries of Behring in 1728-41 Avcre under Roval Commission. In 1766 lolstyk, after his discovery of the Adreian group of the Aleutian chain, was gran+ed special privih>ges in the new possessions by an Edict of Catherine II. The expedition ct Kreutzen. of the Imperial Navy, to Ounimak Island in 1758 was umier commission o. tho same Sovereign. Upon the Report of the Committee of Commerce and the recommendation of the Governor-General of Sii.eria in 1768, Shelikof Avas granted a ci-edit from the Public Treasury of 200,000 roubles to carry forward his entcu prises in JNorth America. By a Ukase of Catherine II in 1793 Missions of 'the Greek Church were established in the new dominion, and a Colony was also founded at Kodiak under Royal Edict. ;'t 1 1 I.I 51 I I- ' i i'^' \i\- nsr ■' " The Russiati'American Company. "The Cliai'tci- of the liussian-Amoricau Company issued iu 1799 declares Russia's dominion iu the following language : ' By tlio riglit of discovery in jmst times by llussian navigators of the nortli-western jjart of America, boghuiing from the 5r)th 'Jcgrce of nin-th latitude and the chain of island sexteiuliug from Kamchatka to Americ;i and [southward to Japan, graciously permit the Company to liavo the usu of all lumtiug grounds and cstnhlishments now existing on the north-western coast of America, Ironi the al)ov(!-mentionod ootli degree to Behring's Strait, and on the same on the Aleutian Jvurile islands situatcnl on tlie north-eastern ocean.' " In conclusion, tlui Charter eujoins : ' All military and civil authorities in tlie ahove-mcntioned localities not ,only not to prevent the Company from en jxient the ])rivileges granted, hut iu case of need to protect them with all theiv power from loss or injury, and render them, npon application of the Com])any, all aid, assistance, avul protection.' '• This assertion of dominion hy Jiussia was reiterated in 1820, when, by an Imperial Ifkase, Alexand( .'vtions ol' Jurisdiction and dominion passed unchallenged, but iu 1821 the lmi)ei' .,to\ eminent had issued an Ordinance regulating traffic in its Asiatic and American possessions, and reserved (ixclusivcly to subjects of the llussian Empire ' the transiiction of commerce, the pursuit (jf whalirg and lishing, or anj' other industry, on the islands in the harbours and iidels, and in general along the north- wiisteru coast of America, from iiehring's Strait to the olst parallel of north latitude and in the Aleutian Islaiuls, and along the coast of Siberia and on the Kurile Islands, from Eehring's Strait to the south-eastern promontory of the Island of Urup — vin., as far south as latitude to" and 50° north.' " This Ordinance called foi'th tho protests of tho United States and Great Britain, and protracted discussions followed. A critical examination of the diplomatic correspondence between the United States and Great Britain on one side and Russia upon the other will disclose that the points in disput(5 in the controversy Avere the assertion of Russia to exclusive jm-isdiction over the Pacific Ocean, the assertion of dominion over the coast of North America from the 55th parallel south to the 51st (See note of 31r. Adams, American Minister to Russia, to the Russian Minister, March 1822.) "Following these discussions came the Treaty of 1821 between Russia and the United States, and the analogous Treaty of 1825 between Russia and Great Britain. By these Treaties, Russia receded from her assertion of exclusive jurisdiction over the Pacific Ocean, and abandoned licr clainr to possessions on the coast of North America, south of 5 1° 10'. " The Treaty. "The following are the Articles of the Treaty between the United States and Russia germane to the questions involved in the case: — "'ARTICLE I. " ' It is agreed that in any part of tho great ocean commonly called the Pacific Ocean, or South Sea, the respective citizens or subjects of the High Contracting Powers shall be neither disturbed nor restrained, either in navigation or in fishing, or in the jjower of I'esorting to the coasts upon points which may not already have been occupied for th(> puri)ose of trading with the natives, saving always the restrictions and conditions d(!termined by the following Articles. '\-' ' "'ARTICLE IL • " 'With a view of preventing the rights of navigation and of fishing exercised upon tho great ocean by the citizens and subjects of tiie High Contracting Powers from becoming the pretext of an illicit trade, it is agreed that the citizens of the 119 ■■:■ '\"/i,' ,■',., eclares Russia's 1 iJast times by from the 55th Kaiuchatka to liavo the use .vesteru coast of ad oil the same thorities in the enj abaniloiunent 1)y Russia of her claim to sovereignty over the 1 acifac Ocean ; a surrender ol' licr claim to the North American coast south of -)'i° 40' • a settlement by Russia and Giv.it Britain as to the boundary-line of their possessions in JNorth America; agreements as to settlements upon each other's territory and navigation of each other's \; aters, but no surrender of Russia's jurisdiction over the Behring s Sea. I'VS ^ ;;-^ •;; ' ' ' -■ • ■ " Powers of Congress. ' • • ' * -' ' ■ " Upon this branch of the subject, the power of Congress over Bchring's Sea, there seems to be little room for discussion. The power of a nation to control its own dominions is one of the inherent elements of sovereignty. " ' When a nation takes possession of certain parts of the sea, it takes possession of the empire over them as well as of the domain, on the same principles which are advanc(!d in treating of the land. These parts of the sea are within the jurisdiction of the nation and a part of its territory ; the Sovereign commands tliem ; he makes laws and may punish those who violate them ; in a word, he has the same rights tlierc as on the land, and in general, every right Avhich the laws of the State allow him.' (Vattel's ' Law of Nations,' p. 130.) " By the Treaty of 1867, ' the cession of territory and dominion therein made is declared to he free and unencumbered by any reservations, privileges, franchises, grants, or possessions and conveys all .the rights, franchises, and privileges now belonging to llussia in the said territory or dominion and the appurtenances thereto.' (Treaty, Article VI.) " The Constitution of the United States declares that all Treaties made under the authority of the United States shall he the supreme law of the land. (Constitution of the United States, Article 6.) " That same instrument vests in Congress ' the power to make all needful rules and regulations respecting the territory or other property belonging to *'ic United States.' (Constitution of the United States, Article 4, section 3.) " Manifestly, the Acts of Congress contained in chapter 3, Revised Statutes of tlie United States, ' relating to the unorganized Territory of Alaska,' and under Avhicli the inforniutiou is brought, are embraced within these constitutional provisions. \\i''i » " Conclusion. " The foregoing record may contain but a meagre idea of the indomitable energy and perseverance displayed by the Russian people in acquiring empire in Nortli America, beginning with discoveries of Behring in 1728, and extending for more than a century and a quarter, wherein they braved the perils of land and sea, overcame a savage native population, faced ice and snow, storm and shipwjieck, to found and maintain empire on tliese rugged shores. Enough has been said to disclose the basis of Russia's right to jurisdiction of the Behring's Sea under the law of nations, viz., original posse, ion of the Asiatio coast, followed by discovery and possession of tlie Aleutian chain and the shores of Alaska North, not only to Behring's Strait but to Point Barrow and the frozen ocean, thus inclosing within its territory, as within tlie embrace of a mighty giant, the islands and waters of Behring's Sea, and with this the assertion and exorcise of dominion over land and sea^ " Such is our undei-standing of the law, such is the record. Upon them the United States are prepared to abide the Judgments of the Courts and the opinion of the civilized world. :,r. H} Inclosurc 2 in No. 77. Extract from the •'New York Herald," October \3,\881. The Alaskan Seal Fjsheuies. — The "Herald" lays before its readers this morning the grounds on which the United States claims exclusive jurisdiction over the seal fisheries of Behring's Sea, as set forth in the brief of the couusel for this country in the case against certain British vessels charged with violating our rights. The plea in defence is that the United States has no dominion over the waters of Behring's S(!a beyond a marine league, or 3 miles, from the Alaskan shore. But this view cannot he sustained. As is shown by numerous authorities cited in Counsellor j Dclaney's brief, it is a recognized principle of international law, and one which this country has always asserted, that a nation has jurisdiction not only over waters within the marine league, but all waters, -whatever their extent, embraced within its land dominion. Gulfs, bays, and arms of the sea belong to the country within whose land j they are encompassed. Now Behring's Sea is not a part of the open or high sea. It is, as Mr. Delauey clearly shows, " an inland water cut off from the ocean and essentially land-locked." I Before tlu; purcliase of Alaska by the United States in 1807 it was within the exclusive 121 • Behrinp's Soa, control its own takes possession iples which aiv e jurisdiction of he makes laws rights there as ate allow him,' therein matle is •ges, franchises, I, and priviloi^os ) ai)purtenanccs made under tlic . (Constitutiou 11 needful rules » to *'ie United I Statutes of tiio id under which • revisions. omitahle energy mpirc in Novtli g for more than sea, overcame a i, to found and lisclosc the hasis of nations, viz., ossession of tlie ;'s Strait but to y, as within tlic 1(1 with this the them the United opinion of the its readers tbis sdiction over tlic for this country gilts. '^er the waters of ! shore. But tliis d in Counsellor 1 one which this er waters within within its land ithin whose land as Mr. Delaney Uy land-locked." I liin the exclusive ! jurisdiction of Russia. By that purcliase it passed into the exclusive jurisdiction of the United States, which succeeded to the title of Russia. No. 78. • T/ie Marquis of Salisbury to Sir L, West. Sir, Foreign Office, October 26, 1887. WITH reference to my despatch of tlio 19th instant, requesting you to protest to the United States' Government against the seizure of the British sealing schooner " Alfred Adams " in Behring's Sea, I have to instruct you to give the United States' Secretary of State a copy of the Report, and inclosures, which was drawn up by Mr. Foster, tlie Canadian Minister of Marine and Fisheries, on the 15th ultimo. [ understand that this document has been communicated to you by the Governor- General of Canada, and a cojjy was inclosed in the letter from the Colonial OflRce of tiie 17th instant. I am, &c. (Signed) SALISBURY. No. 79. The Marquis of Salisbury to Sir L. fVest. Sir, Foreign Office, October 29, 1887. I HAVE received your despatch of the Idtli instant, inclosing a note from Mr. Bayard, in which he expresses regret that the orders of the President of the United States for tin; release of the vessels " Carolina," " Onward," and " Thornton " ■ghould have been delayed through miscontieptioii, aiul states that renewed orders liave peen f()vward(>d for their liberation. I approve your action in having forwarded a copy of this note to the Governor •General of Canada. ,; I am, &c. (Signed) SALISBURY. No. 80. Sir L. West to the Marquis of Sali.^bur!/. — {Received October 31.) My Lord, Washington, October 20, 1887. I HAVE the lionour to inclose to your Lordship herewith copy of a note which, upon the receipt of your Lordship's telegram of the 19th, I addressed to the Secretary or State protesting against the seizun; of the Canadian vessel " Alfred Adams " in l^chring's Sea, and against the continuation of similar proceedings by the United Slates' autliorities on the high seas. I have, &c. (Signed) L. S. SACKVILLE WEST. Inclosure in No. 80. Sir L. West to Mr. Bayard. i ^'^'' T TT 4 vl^ ii 1 Washington, October 19, 1887. lo 1- , honour to mform you that T am instructed bv the Marquis of rS;ihsbury, Her Slajesty's Princn'pal Secretary of State for Foreign Affairs, to protest lagamst the siMzure of the Canadian vessel " Alfred Adams " in Behring's Sea, and tagainst the contmuation of similar proceedings liy tlie United States' authorities on the |nigh seas. I have, &c. (Signed) L. S. SACKVILLE WEST. L128J E t" i '1 : , if 1 I \ u \ 1 \ >i 'i 5 i i ■ I i .';■ ' i i .^# i a I'ffi i ||M 1 11 ■ 1 199 No. m. Sir L, Went to the Marijuh of iS'«/i,W»«ry. — (liecpired Novrmhrr 14.) My I/«ml. Wnshinijtnn, Oclnlin 2.'», 1HH7. AVri'H rofm'Ticc to my !ie(> to previous eorrespondenee, 1 Jimdireeted hy Secretary Sir llciny Holland to transmit to ycu, to he laid hel'or(> the Manpiis of Salishury, a copy of ji despatch from th(> (ioveriu)r-(ieneral of t^aiiada, I'orwardinu; a Minute of the Mxeeullve Council of Hritish Columhia respectinu; the value to that province of the sealini,' industry on lVlirini:;'s Sea. I am to ask what .MnswiM" should lie n>turned lo Lord l.aiisdowne, and to siii^f^csl that copies of these papers should bo forwarded to llcr Alajcsty's ]\Iinister mI Wa.shini!;lon. I am, &c. (Sif,nied) JUJIN JillAMSTON. Inclosiiro 1 iu No. 82. The ^farquis of Lnnxdowne to Sir H. Holland. Sir, Government House, Otiriwn, October 20, 1887. I HAA'E the honour to transmit to you a co])y of an a])i)rove(l Iloport of n Commit t«'(> of th<» I'rivy Council, to which is api)cnde(l a copy of a desjiatch from liis Honour the l,ioutonanl-(io\ernor of Mrilish Columhia, coverinsi: ii Minute of his Executive Council setting forth the value to Uritish Columhia of the present scaliu|,' industry in Jiehrim''s Sea. You will observe lliat the Executive Council of Ih-itish Columbia consider that the rii-'hts of Hritish subjects, as rejj;ards the J?(>liriiia''s St>a, should be incUulcd in tin' scope of l!;c duties of the International Tisherios Commission. I have, &c. (Signed) LANSDOWNE. 9i8 ■>•) n an, 1HH7. >|i I Imil Mio Idrt'ssrtI lt> llit> mI AdimiH" in iinrH ruply, in on. ,LK WliST. hvr 22, 1HH7. . IJHli inslMMt, il)iiry, lliat jnii (I Adsitiis" in hy llio Uiiilcd . HAYAIM). i./.n- 10. 1HK7. ctary Sir llfiny iry, a t't>|)y of ii I" (lie Kxi'ciilivc ol' tlio Noaiin^' iiiid to NU!ij;f^('sl 's ]\lini8tt>r al UlAMSTON. ohcr 20, 1887. cd lU'port of !i 'sjjaitdi from liis Alinutc of his present, scalin;; )ia consider lliat ineluvlcd in tin' \.NSDOWNU. ' ■ ImiloHure 2 in No. H2. lii'mri of It Commillet' of the Uanoumbh the I'rivif Voiiiwit for (Unuiilii, npiironril hi/ Ilia ' lixrclli-nrij tliir (iotwrmr-Umvritl in Vouiiiil on tlir \:)lh Oilolin, IWM7. UoinnnsHion in proce.s.s ol or^'anizaiion. ,. , Tlie MiniNlcror Marini- and I'MHlierii-s. to whom the despattdi and imdoHiir(iH wero reiVrred, recommends (hat. a eopy ol' the (h-spat.eli rererred (o, with its ineloHuroH, ho transmitted to Her Majesty's (lovernmeiit. 'rh(> Commiltei- nilvise tli;d your I'lieelh-ney l)e miovimI to transmit a copy of Mkj papers lien-in mentioned to Die' Itiirlit llononrahh^ tiie Heertitary of .itute I'or thu Cohmies, I'or I he ini'orm.ition of Her Maje.sty's (lOVernmcMit. Ail wliicli is respectfnlly snlimille: The Marquis of tialisburi/ to the British Plenipotentiaries at the Fisheries Conference. - {ISnbstanc" Iclvijruphed.) Gentlemen, Foreiijn Office, ISiovember 28, 1887. I RECE1^"EU on the 20th instant a telegram from !Mr. Chamberlain, inquirini; whether a projjosal for .'in International Conference in regard to the J3ehring's Sea fisheries had been aceej)ted by Ller .Majesty's Government. You are aware, from the corres})ondcnec whicdi is in your possession, that comiuunicatious witli referouce to a proposal which would aj)pear to have been addressed to some of the Maritime Towers by the United States for an International Conventiou for the protection of seals in the Bchring's Sea, were received last October from the German aud Swedish Charges d'AiVaircs in London. No definite invitation, however, for an international understanding on this question bus yet been received from the Government of the United States by llor Majesty's Government. In answer to a question from Mr. I'helps, I have expressed myself as beiiii; favourably disposed to negotiating for an agreement as to a close season in all seal fisheries, to whomsoever belonging, but I carefully separated the question from all controversies as to fishery rights. I am, &c. (Signed) SALISBUllY. :i : 125 200,000 (lollnis, iporlant one lor iii^'h S(»a diiriii;,' it, industry, aiuj illOSO llO llMVI' Iross ii|)<)ii ilKisi. ic proviiK'i', ;ik1 wlio, witli their voiy important Cniiada on the C8 or eoinmcrco, on tlio Atlantic, ) t'lnjiloy cvi'iy rcdruss I'or |)ast )ctition of tlu'sc included in the to 1)0 in process (!on Catiada ami it tlu? said Com- tliat those more ' have a better ghly acquainteil be forwarded to cutive Council. >■ Conference. mber 28, 1887. orlain, inquiriiiL; 10 JJoiiring's Sen possession, that r to have hecii m International ved last Oetnlur sanding on this 3d States by Her myself as hoini,' iason in all seal nestion from all 5ALISBU11Y. No. HI. The Marquis of Salisbury to the Britink Commisnionern to the /'7,v/if/iV,» Conference, Gcntlomon, Foreii/n Of/in; i\oti;nliir 29, 1887. I TRANSMIT horowitli, for your information, a copy of a letter from the Colonial Ollice,* and its inelosures, ealliiiir attention to llie value to JJritisli Columliiii of the pres(!nt soalini; industry in Hclirini,''s Sea. The ICxecutive Couneil of the Colony express a desiie that this (lucstiou should bo included in the scope of tlu^ duties of the l-'isheries Conference now Hitting at I Washington. A copy of the reply which Las been returned to the Colonial Ofliee is also inclosed thcre\vitli.+ I am, Sic. (Signed) SALISBURY. No. 85. Foreign Office to Colonial Office. ^Sir, Foreign Office, November 29, 1887. I AM directed by Ihi; ^larquis of Salisbury to aekIlo\vle(l^'e tht! receipt of your *'' letter of the I'.Hli instant, Avith its inclosures, showing the value to British Columbia of tbc present sealing industry in Behring's Sea. His Lordship notes the opinion expressed in the Minute of the I^xecutive Council Jf the Colony that this question should be included in the scope of the duties of tho fisheries Conference now sitting at Washington. «? I am now to rociuest that, in laying this letter before Seercftary Sir II. Holland, ;Vou will state to liim that copies of Lord Lansdowno's dosjiateh of the 20tli ultimo, ■'and of its inclosures, will be forwarded to the British I'lenipotimtiaries at the v^* Conference. I am also to call attention to the instructions in regard to this subject contained in Lord Salisbury's despatch of the 21tb ultimo to the British Plenipotentiaries. J It was then stated that " the question of the seal fisheries in tho Behring's Sea ... has not been specifically included in the terms of reference ; but you will understand that if the United States' Plenipotentiaries should Ix; authorized to discuss that subject, it would come within the terms of the rcfereuce, and that you have full power and authority to treat for a settlement of the points involved in any manner which you may deem advisable, whether by a direct discussion at the present Conference or by a reference to a subsequent Conference to adjust tiiat particular question." Lord Salisbury would suggest, for Sir H. Holland s consideration, that the substance of these instructions should be communicated to the Governor-General of 4 Canada. I am, &c. (Signed) JULIAN PAUNCEFOTE. No. 86. Mr. J. Chamberlain, M.P., to the Murquis of Salinbury. — {Received December 12.) My Lord, Washington, November 28, 1887. I HAV^E received your Lordship's telegram of this day's date, in reply to mine of the 2oth instant. In explanation of the circumstances which led me to address to your Lordship the inquiry contained in my telegram, I should state that Mr. Angell, one of the United States' Plenipotentiaries at the Fishery Conference, stated to me, in the course of a private and confidential conversation, that an invitation had been conveyed to your Lordship, on behalf of the United States, to take part in an International Conference for the protection • No. 82. t No. 85. Si'e '• United States No. 1 (IS88),' ! ! I 130 (if the seal fnlicrics in the Hcliriiig'ti Sea, uiul tliat your LurdHliip Imd cordially ucccptcd tliid iiivitttiun. I limy iuld tliat tlic (|uostion of tliu seal fi^^iiory in the llehting's Sea hiw not yet niLscn tor discussiuii at the iiittings uf the Cunt'erencc, I have, &c. (Signed) .1. CHAMBEHLAIN. No. 87. Colonial Office to Forc'njn Office. — (Received December 2fi.) Sir, f)nw)iiiii/ SI reef, December 2(5, 1887. I iVM directed by the Secretary of State for tiie Colonics to traiisniit to you, to be laid liefore the .Mar(|iiis of Salislmry, a copy of a des])ateli from tlu^ (jovcrnor-Ge'icral of Canada, forwardiiii; revised claims made by the owners of tlie "Thornton" ami "Carolina " for hisses sustain(>d on account of the seizure of those vessels by a United States' IJi'vcnue vessel in Hehrin^;'s Sea. 'I'he revised claim of tlie owners of the "Onward," the other vessel seized in ISSfi' has not yet been received, but Lord Salisbury will know whether it will bo advisablo to wait for it before puttini,' forw.ard the "I'liornton" and "Carolina" claims. I am to request that the inclosures in Lord Landowue's despatch, which arc sent in original, may be returned when done Aviih. I am, &c. (Signed) JOHN BRAMSTON. '4 Inclosure 1 in No. 87. The Marquis of Lnnndowne to Sir H, Hollnnd. Sir, Goveniinent House, Olttiwa, December 2, 18S7. W ITll reference to your dcsjiatidi of the lltb September last on the subject of the seizure of British scaling-vcsscls in JJehrinuj's S(>a by United States' llcveniu' crnizers, and direct im,' attention to tiie mai,'iiilude of the claims for compensation pre- fiHTcd by the owners asjainst the United States' Government, 1 have the honour tu forward luu-cwitb a copy of an ap[)roved Report of a Committee of the Vrivy Councii, yubmittiuij; !i revised Statement of the losses sustained in the cases of the "Tbornlou' and " Carolina." My Minister of Marine and Fisheries considers that the claims now made are not unreasonable. You will observe that whereas the amount at first claimed in respect of the seizim' j of these two vessels was 1()2,22;3 dollars, the amount now claimed is 71,130 I'ol. G() c. Tn the case of the " Onward," the third vessel seized, the claim has not yet been j returned by the owners. I have &c (Signed) ' LANSDOWNE. A Inclosure 2 in No. 87. Certified Copy of n Report of a Committee of the Honourable the Privy Council for Canmk, approved by his Excellency the Governor-General in Council on the 2dth November, 1887. THE Committee of the Privy Council have had under consideration a despatch, dated the 14th September, 18S7, from the Right Honourable the Sccrctai\y of State tot j the Colonies, on the subject of the seizure of British sealing- vessels in Behriug's Sea by United States' Revenue crnizers, and directing attention to certain claims for com- pcMisation against the United States' Government. The Minister of Marine and Fisheries, to whom the despatch and inclosures wore I referred, stated that the claims (three in number) referred to in this despatch were j 127 nrdially accoptcj Sea hiw not ytt ^MBERI.AIN. ) mher 20, I8K7. mit to you, to W lovernor-GoMcral ' 'Ihornton " an sL'ls l)y a Ujiitt'd y| '1 seized in iss(;> vill 1)0 udvisalilc claims. 1, which arc sent BIIAMSTON. ember 2, 18S7. 11 the subject of States' lleveiuif impensation i)rc'- e the honour to ic Privy Council. the "Thornlim' ,t the claims now ?ct of the seiziin' 1,130 . ISHl. the "Carolina" Avas rebuilt and leniithened about 15 feet by a section built Wnidsbips, and put in iirst-class order and condition. In A.n. 1885 the said "Caro- ^a" Avas valued for insurance by the Union Insurance Company at 'l.,0()0 dollare, t$A in A.D. 18H() the California Insurance Compnuy placed the same value, namely, 4000 dollars, upon her for a like purpose. T am informed by the said 'William Munslo, Wkd believe that since the rcbuildinu; and cnlari?ement of the " Carolina," she has not biDcn re-registered at the port of Victoria aforesaid nor at any other jiort, and that flonsequf^ntly her actual tonnage is greater than appears by the oflicial record, or tho liegistor of the said " Carolina." 3. That on or about the 20tb day of jMay, a.d. ISSO, the said " Carolina" left the g)rt of Victoria aforesaid, after having been duly cleared at Customs, one James gilvi(! being master, and one James Blake mate, and a crow of nin(^ sailors and hunters, on a fishing and hxmting voyage in the North Pacific Ocean and Bebring's Sea. 1'. That on the 1st day of August, in said year 1880, while in said Bebring's Sea in north latitude 55° 50', Avest longitude 168" 53', then being from Gu to 75 miles from the nearest land, and Avhile, as I am informed and verily believe, laAvfully pursuing ihe objects of said voyage, the said schooner " Carolina " AA'as seized by the United States' steam-ship " Corwin," and taken to Ounalaska, in tho Territory of Alaska, of ^•dho United Statc>s of America, and her voyage broken up. 5. That on arrival at Ounalaska aforesaid the "Carolina" AA'as, by order of the ■•'United States' authorities, stripped of her outfit and running-gear, the seal-skins on >J)oard taken out, the captain, James Ogilvie, and the mate, James Blake, placed under est and sent to Sitka, in said Territory of Alaska, and the creAV sent to the city of Ian Francisco. 6. That upon arriA'al at Sitka the captain and the mate of the "Carolina" were lormally charged Avith having violated the laws of the United States of America speeting seal-tishing in the AA'aters of Alaska, but before the day fixed for the hearing d trial of said charge Captain Ogilvie disappeared, and AA'as al'terAvards found dead in ir about the neighbourhood of Sitka. The mate, James Blake, Avas tried, found guilty, d sentenced to ])ay a fine of 300 dollars and bo imprisoned at Sitka for thirty days, d Avhich imprisonment lie, James Blake, suffered. 7. That liercto annexed, marked (A), is a Statement of the articles comprising the •Utfit of the schooner " Carolina " on her departure on said A'oyage, and all of which ■ verily bclievt; were on board the " Carolina " at the time of her seizure, excepting inly Avhat had b(!en consumed in the ordinary course of the voyage, together Avith the lue of said articles, also of tl)c amount of premiums paid for insurance on tho hull, tiit, and cargo of the said " Carolina " for the said voyage ; also of the amount butiit, wages paid to the crew and hunters on board the " Carolina " up to tbe time of jch seizure ; also of the expenses of the mate and part of the crew in letumiug to the 128 m II ' ! .i city of Victoria from Ounalaska and Sitka, and also a stutemont of the mniil)er of 8cal>skins on board the "Carolina" at the time of said seizure, and the value thereof. 8. The Exhibit (B) hereto annexed is a Statement of the catch of thirteen sealing-vesaels in and about the Uehrini^'s Sea during so much of the season ot A.I). 1886 as they wci-e in liehrinf^'s Sea. The statement is taken from the lle])oit of the Inspector of l-'isheries for the Province of British Columbia for the year iHSd, as contained in the llepoit of the Department of Fisheries for Canada at pages 2 IH and 249, and I verily say, from j)crsonal knowledge of the facts, that tlie siiid Statement is substantial, true, and correct. The schooners " Carolina," meaiiing tlic "Carolina" her in mentioned, and "Thornton" and "Onward," were seized on the 1st and 2n'l August in 1880, and their voyage? thus broken u]) ; the schooners " ilarv Taylor," " Mountain Chief," " Hustler,"" and "Kate" not having been in Behrin<,''s Sea during the season of 18SG, the catch of these above-named schooners are not included in estimating the average catch i; l^ebring's Sea for that year. On account of the seizures made oi, the 1st and 2nd August as aforesaid, and of the schoonnr "Favorite" being ordorcu out of the sea oy the Commander of the said " Corwiu," the thirteen vessels mentioned in Exhibit (B), with one or two exceptions, loft Behring's fc!ea, or the best sealing-grounds therein long before the close of the sealini,' season, and thus the . jrago catch as fou ul in Exhibit (B) is fully, as 1 verily believe, 500 skills less than it would have b(!en had thr>y all remained till the end ot' tlic season. 9. That hereto annexed, marked (C), is a Statement of the legal expopsos incurred at Sitka and elsewhere by rea'ion of the seiziu-e of the " Carolina," and tiic arrest of her captaiji and mate as aforesaid, and also of the personal cxiienses couneetod therewith. 10. That hereto annexed, maviced (D), is a Statement of t'le damages claimed 1" the owner of the "Carolina" by nason of her said seizure and detention during tlic years 1HH\, 1887, and 1888, 'jased upon the average catch of seal-skins per vessel as found by Exhibit (B). 11. The price per skin charged in Exhibits (A) and (D), namely, 7 dollars, was tlip markat price at Vici ria ".toresaid at the close of the season of 188(5, and was the price which, in the ordina.-y v' )urse of events, would have been r(3alized for said ^'pl-skins had not such seizure takon place. 12. That liereto annexed, marked (E), is an estimate of the principal sums on which interest is claimed, from the 1st day of October, a.d. 188(5, on or about wliidi date the catcV. of the " Carolina " avouM have been realized on had she not been seized, anil alsc bn* the actual outlay by her owner vior to that date, arising by reason of the seizure a.ul detention of the " Carolina," the arrest of the captain and mate, and the expenses of the mate and crew in returjiing to Victoria from Ounalaska and Sitka. 13. That during the month of October, a.d. 18S0, and fescr since that time, the minimum rate of interest on money Un- commercial purjmses at the city of Victoria aforesaid was and now is 7 per c(>nt. ])er annum. 14. That hereto annexed, marked (E), is a Statement of the items of the outfit of the "Carolina" when im said voyage and the value thereof, which would have been wholly consumed iii the ordiuary prosecution of a full season's hunting and lishiDg voyage. 15. The prices charged for the articles and groups of articles in Exhibit (A), comprising the market prices of the said articles and groups of articles at Victoria at the time of their purchase for the purposes of s lid voyage. 16. That as to the item, "Cash on board and unaccounted for, 500 dollars," charged in Exhibit (A), I am informed by the said "William ]\lunsle, and do verily believe, that the said sum of 500 dollars was phu'wl on board the "Carolina" at tii'o time of her departure from Victoria as aforesaid, intrusted to the master, .laiiies Ogilvie, fo' .. ' in cases of emergency or unforesec.i expenditures, and I verif- believe that said sum of .'JOO dollars was on l)oard the " Carolina " at the time of he. jizure; but owing to the death of Captain Ogilviv'^ at Tjitka. it was not known by t\w said owner what became of the said sum of 500 ib>li.",rs. 17. That at the time of the sei/ure of the " Carolina '' she was in good order and condition, having be(;n thoroughly overhauled before starting out on said voyage, and not having sustained any damage beyond ordinary wear and tear during said voya;,'e up to the time of her seizure. 120 ; of the number , and tlie value itch of thirteen ' the season of rom the lleport )!• tlie year lHM(i, ada at pages 2 is s, that the said a," meaniiii,' tlic re seized on the eliooncrs " llarv een in Jiehriii^''s Jiooners are not ar. On account of the sclioonor said " Corwiii," exceptions, loft so of the sealiiin; 1 verily heliovc, the end of tiic ! legal expenses rolina," and tlic [)enses connectinl lages claimed I"- iition durlnji,' tlw ins per vessel as 1 dollars, was ( he nd was the price )r said «'?i.l-skiiis incipal sums on or about wiiicli d sl: it! *: ■I:.:, great expense, and not at all before next summer can this be done. I verily beliyve, from the inspection I then made, that it would cost over 6,000 dollars to take the "Thornton" from Ounalaska to Victoria aforesaid, the nearest port at which the repairs could be made, and put her in as good order and condition as she was in when seized. 10. That at the time of her seizure the "Thornton" was in good repair and condition and pertectly seaworthy, excepting only that her mainmast-head bad been carried away during the voyage she then Avas on. 11. That for and during the said voyage the " Thornton " was insured by Lloyd's underwriters in the sum of 1,200/. on the hull and machinery, and in the sum of 1,000/. on the outfit and cargo. 12. That hereto annexed, marked (A), is a detailed Statement of the outfit of '' the " Thornton " for the voyage on which she was seized as above set out, and all of 1 which, excepting only what had been coi^oumed in the regular course of the voyage, Avas on board the " Thornton " at the time of her seizure ; also of the amount of premiums paid by me for insurance upon the hull, machinery, outfit, and cargo of the | " Thornton " during the said voyage, and also for wages paid by me to the buntcre j and crew of the said " Thornton " of said voyage for the time of said voyage up to the said seizure. Also, a Statement of t'le sums paid by me for passage money of tlie j crew from San Francisco to A^ictoria, and passage money and expenses of the captain and mate at and from Sitkr after their release to Victoria aforesaid. 13. That also in said Statement i^A) are charged 403 seal-skins taken fi'om tlie i " Thornton " at the time of seizure, and which, so appears from the Report of the ; officers of the United States' steam-ship " Corwin," submitted to the Coiu't at Sitka on ; the trial of the said captain and mate of the "Thornton," and the price there charged, namely, 7 dollars per skin, was the market value per skin at Victoria aforesaid, on or about the 1st October, a.d. 1880, when the said skins, had not such seizure taken place, would have been placed on the market at Victoria. 14. That the value placed upon the various urtieles and groups of articles in the ;1 outfit mentioned in Exhibit (A) is the actual cost of the said articles at the city of J Victoria aforesaid at the time of their purchase in the spring of 1886, 15. That hereto annexed, marked (B), is a Statement showing the number of seal-skins taken by each one of thirteen sealincr-schooners in and about i Bebrinor's Sea during the season of 1886. Thb said Statement is based upon the ' lleport of the Inspector of Fisheries for the Province of British Colurabia for the year 1S8G, as contained in the lleport of the Minister of Marine and Fisheries for Canada for said year at pp. 243 and 249. The schooners " Carolina," " Onward," and said steam-schooner " Thornton " were seized on the 1st and 2nd August of said year \ when the sealing season was not half over, and the schooners "ilary Taylor,' " Mountain Chief," " Hustler," and " Kate " were not in Behring's Sea during the | season of 18Sfl, so that in calculating the average catch for the Behi'ing's Sea fleet, the j catch of the seven above-mentioned schooners was not included. With one or two | exceptions the thirteen sealing-schooners, mentioned in Exhibit (B), left Behrinu's Sea, or the best fishing grounds therein, long before the end of the said season, as their j masters fearinl seizure by the United States' authorities, and the said average catch, so found by Exhibit (B), is thert>lbre fully 500 less than it otherwise would have I been. 10. That hereto annexed, marked (C), is a Statement of the amount of legal! expenses i)uid and incurred by mo at Sitka and elsewhere, and also of the amount of j my pei-sonal expenses ineuri'ed by reason of the said seizure. 17. That hereto annexed, marked (D), is a Statement showing tlio estimated loss incurred by me as owner of the said " Thornton," by reason of the said seizure and I detention, and of the seizure and detention of the seal-skins then on board " Thornton," and the breaking up of the said sealing voyage. Also, the estimated loss I incurred by me during the present year by reason of the non-release of the " Thornton ;" and in view of the fact that it is now too late to put the " Thornton " in rep vir and con- dition to engage in next year's business, the stimated loss for nc'it year. Andll verily believe that the said estimates of the losses incurred by me by reason of the seizure and detention of the said " Thornton " for the years 1880, 1887, and 1888, are fair and reasonable estimates, and rather under than over the actual losses so sustained 18. That the estimated loss of 5,000 dollars for each of the years 1887 and 1888, by reason of the seizure and detention of the " Thornton," is based upon an average catch of 2,380 seal' skins valued at 5 dol. 50 c. per skin, the market value at Victoria for the present season, deducting from the gross value thereof the cost of outfit 133 lamouut of tho wages of hunters and crcvr, based on the "Thornton's" voyage of 'a.d. 1886. 19. That during and since the year 1886 7 per cent, per annum was, and now is, Ithe minimum rate at which money for ordinary commercial purposes could bo [obtained at the city of Victoria aforesaid, and th^t hereto annexed, marked (E), is an lestimatc of tho iirincipal sums on which interest is claimed at tho rate of 7 per cent. Iper annum, and tho time for wliich it is so claimed. And I, James Douglas Warren aforesaid, make this solemn declaration, conscien- |tiously believing the same to bo true, and by vktue of the Act respecting extra-judicial Daths. Declared and afllrincd before me at tlio city of Ottawa, in the county of Carleton, jthis 25th day of November, a.d. 1887, and certified under my official seal. (Signed) J. D. WARREN. (Seal.) (Signed) D. B. MacTavisu, Notary Public. ig's Sea fleet, f! Exhibit (A). Viiluc of stcam-scbooiier " Thornton " at time of seizure by United States' stcam-sbip " Corwin " . . Value of " Thornton's " outfit- Groceries . . . . . . Ammunition . . . . . . Dry goods . . . , . . Iron water tanks . . . . Ship chandlery fur sealing purposes Ouo chrouometer . . . . Extra suit of new sails ,. .. Seven No. 10 shot guns . . . . Five riHes . . . . . . Gun implements and tools . . . . . . . . Four new scaling boats and sails . , . . . . . , Water casks .. .. .. .. .. .. 6 tons salt ,. ., .. ,. ,. ., 18 tons coal .. .. ., .. ,. .. Cooking range and utensils . . . . . . , , Total outfit.. Insurance- Premium on 1,200/. — insurance on hull, lOU. 4«. . . .. Premium on 1,000/. — insurance on outfit and corgo, 20/. 3s. 4rf. , Wages paid hunters and crew up to time of seizure, hunters and crew having been taken to San Francisco by United States' authorities Passage money thence to Victoria . . , , , . Passaijo money and expenses of Captain Guttormsen and in.\te, Harry Norman, after release from Sitka to Victoria . . 403 seol-skins on board the "Thornton" at the time of sei«ure, at 7 dollars per skin .. .. .. ., amount of legal sf tho amount o! Total Total of Exhibit (A) (Signed) Dol, e. Dol. c. 1 • • 6,000 00 533 37 340 26 49 88 •0 00 278 64 81 45 307 18 248 00 125 96 23 20 612 70 25 00 90 00 126 00 SO 00 ■• 2,911 64 492 83 98 60 591 43 1,370 00 177 16 200 00 2,821 00 • • 4,568 16 14,101 23 D. B. MaoTAVISH, Notary Public. /\. ii i i 1 ■ ^ 1: ' t' ■ ■! ■ I m i, 1J^ I jfl n f n * 1^ ■SI 11 134 Exhibit (B). — Ntthbes of seals token by the following thirteen sealing schooners during the year 1886 in and about the Behring's Sea, most of tho thirteen! <"> - leaving the sea before the end of the season, fearing capture. Schooners — Pathfinder . . Mnry Kllen . . Theresa . . Favorite .• Blnck Diamond Alfred Adams, . Active City of Santiogo Silvia Handy . . Dolphin . . Anna Ucck . . •^race . . baynard No. of Seals. 1,766 4,256 2,625 .■3,325 1,760 2,465 2,276 1,620 1,587 2,601 1,400 2,550 2,725 Total catch G0,9S5 Average per vessel (Signed) 2,381 D. B. MacTAVISH, Notary Public. Exhibit (C). Dol. e. Lcp;al expenses at Sitka in connection with seizure of " Thornton " . . 500 00 Counsel and other legal fees and expenses in and about tho cl.ilms arising from said seizure ,. .. .. .. .. .. 750 00 Travelling, hotel, and other necessary expenses in connection with said seizure and claims .. ,. .. .. .. ,. 1.000 00 Grand total. Exhibit (C) (Signed) .. 2,250 00 D. B. MAcTAVISn, Notary Public. Exhibit (D). — Da^iages arising from the seizure and detention of the " Thornton." based upon the avorasc catch of soal-skins per season as given in Statement (1! , }■'■'' season ol; 1880. Ik;.. Estimated average catch . . . . . . Less 103 sliiiis on board the " Thornton " at tho time of seizure, and charged in Statement (.V) . . . . liulancc, at 7 dollars per bkiu . . Kcasonabli' and ])robablo profit " Thornton" would have earned in 1887 i'ur owner .. .. .. ., ,, Iii'^view of fact that '• Thornton " onnnot ho made available for next year's operations, rtasonablo and probable profit for iOoO «■ a« a* •« •• •• No. Dol. c. 2,681 403 1,973 = 13,81(i 00 • • 5,000 00 • • 5,000 00 Total amount, Exhibit (D) . . (Sigacd) 23,810 00 D. B. MAoTAVlSn, Notary Public. 185 sealing schooners t of the thirteen! No. of Seals. 1,760 4,256 2,625 3,325 1,760 2,465 2,275 1,620 1,587 2,601 1,400 2,550 2,725 30,955 2,381 [, Notary Public. Summary of Exhibits. Dol. o. Value of " Thornton " .. .. .. .. .. 6,000 00 ■"alue of " Thornton's " outfit .. .. .. .. 3,633 07 Wages of crew and hunters . . . . . . ^ • • 1,370 00 Passage money and expenses of oiRccrii and crew in returning to Victoria 403 seal-skins, ut 7 dollars Total, Exhibit (A) Personal expenses of owner . . . . • • • • Legal expenses . .. •• •. •• •• Total, Exhibit (C) Balanec on estimated seal catch for 1886 .. •• .. Estimated loss to owner by detention of the "Thornton" during 18S7 .. .. i. •• •• Estimated loss on same grounds for 1888 .. .. .. Total, Exhibit (D) Total amount of claim . . • • . . Dd. 377 16 2,821 00 14,101 23 1,000 00 1,250 00 13,846 06 5,000 00 5,000 00 2,250 00 23,846 00 40,197 23 Dol. c. 500 00 750 00 1 , 1,000 00 . 2,250 00 [, Notary Public tho "Thornton" ill Statement (B Dol. c. Memorandum, If tho owner of the " Thornton " ia indemiufied for balance of estimated seal , Jitch for year 1S86, there should he deducted fioiu ^he total claim tho sum of ^79 dol. 58 c. included in Exhibit (A) for outfit, which would necessarily have been consumed in the prosecution of the voyage, and including the sum of 1,370 dollars uid in wages, as per Exhibit (F). Total claim .. .. .. .. ,. .. .. 40,197 23 Value consumed on voyage . . , . . . . . . . 3,379 58 Ncteloim .. .. .. .. .. 36,817 65 (Signed) D. B. MacTAYISB., Notary Public. !)■ -. 13,81« 00 5,000 00 5,000 00 23,810 00 I, Notary Puhlic. Sxhibit (E). — Estimate of the principal sums on which interest at 7 per cent, per annum is claimed, and the time for which interest is so claimed. Dol. c. Voluo of « Thornton's " cstimoted full catch for 1886, namely, 2,381 skins, at 7 dollars per skin, rrom the 1st October. 1886, when the catch would have been realized on . . . . . . . . . , 16,067 00 Actual cash outlay for legal and other necessary i ipenscs incurred by reason of tho seizure before tho 1st October, 1886 . . . . . . 500 00 Total principal on which interest is claimed since the 1st October, 1886, to date of payment of claim .. .. .. .. .. i7,167 00 Estimated valuo of tho "Thornton " catch for 1887, less cost of outfit and wages of crew and hunters, on which interest at 7 per cent, per ai""-"! is claimed from the 1st October, 1887, on or about which datt .^o catch would be realized on, to dato of payment . . . . . . 5,000 00 If the claim for 1887 be not allowed, then interest is claimed on tho value of the " Thornton " at 7 per cent, per annum from the 1st October, A.B. 1886, to time of payment.. .. ., ., .. 6,000 00 (Signed) D. B. MaoTAVISH, Notary Publii ■ y ■ i'f". Ill ;iv..i. ;■*?«; >1 n'iT).l5«tt .lisjiwij ' t'l' i' !■ ni' M I: 13G Exhibit (F).— Details of items of "Tliornton's " outfit consumed during the course of full sealing and fishing voyage. Groceries ,. Ammunition .. .. Dry goods Ship chantlclry . . . . Insurance premiums , . Wages of crew anil hunters 6 tons salt 18 tons coal .. Items. Do). c. S33 37 340 26 49 8tt 278 04 S'Jl 43 1.370 00 90 00 120 00 Total value consumed (Signed) ■ • •• •. 3.870 58 1). B. MacTAVISH, Notanj Public. No. 88. Sir L. West to the Marquiu of Salisburij. — (Received January IG.) My Lord, Washington, January 5, 1888, WITH reference to my despatclies of the 2nd April last and of the 6tii May, 1 have the honour to inform your Lordship that I am advised that the case of the American sealing-schooner " Sierra " will probably be dismissed, on the ground that the Captain of the Revenue cruizer was acting under the instructions of the Government, and that tlie plaintiff therefore would have to apply to Congress. I have, &c. (Signed) L. S. SACKVILLE WEST. No. 89. Colonial Office to Foreign Office. — (Received January 1 6.) Sir, Downing Street, January 14, 1888. WITH reference to the letter from this Department of the 26th ultimo, relating to the seizure of Canadian sealing-schooners in Behring's Sea, I am directed by Secretary Sir Henry Holland to transmit to you, to be laid before the Marquis of Sahsbury, a copy of a despatch from tiie Governor-General of Canada, inclosing an approved Report of a Committee of his Privy Council, submitting a revised statement of the loss sustained in the case of the schooner " Onward." I am, &c. (Signed) JOHN BRAMSTON. Inclosure 1 in No. 89. The Marquis of Lansdowne to Sir H. Holland. Sir, Government House, Ottawa, December 23, 1887. WITH reference to your despatch of the 14th September last, directing attention to the magnitude of the claims for compensation prepared by the owners of the British sealing-vessels seized in Behring's Sea by United States' Revenue cruizers, and to my despatch of the 2nd instant, I have the honour to forward herewith, for transmission to the United States' Government, a copy of an approved Report of a Committee of the Privy Council, submitting a revised statement of tlie loss sustained in the case of the schooner " Onward." You will observe that my Minister of Marine and Fisheries considers that the claim now made is not unreasonable. • • • . I have, &c. (Signed) LANSDOWNE. Inclosure 2 in No. 89. Report of a Committee of the Honourable the Privy Council for Canada, approved by his Excellency the Govtmw-General in Council, December 20, 1887. THE Committee of the Privy Council have had under consideration a despatch, dated I the 14th September, 1887, from the Right Honourable the Secretary of State for the] Colonies, on the subject of the seizure of British sealing-vessels in Behring's Sea by United j States' Revenue cruizers, and directing attention to certain claims for compensation against the United States' Government. M gL< ag the course oE I)ol. Q. 533 37 340 20 49 88 278 G4 5'Jl 43 1.370 CO 90 00 12C 00 3,379 58 Notary Public. IG.) nuary 5, 1888. 6tli May, 1 liavc if tlie American it the Captain of nt, and that the ILLE WEST. uary 14, 1888. Itimo, relating to . by Secretary Sir ibury, a copy of a fed Report of a } sustained in the BRAMSTON. mber 23, 1887. :ting attention (o rs of the British lizers, and to ray for transmission Committee of the ti tlie case of tlic ers.that the chim ANSDOWiNE. approved by his 887. a despatch, dated of State for the g's Sea by United ! ipensation against :Sm m The Minister of Marine and Pibheiics. to whom the despatch and inclosurcs wer {referred, stales tliut the chiinis (tlircc in number") referred to in this despatch were .sent [back to tlie owners of the vessels for rcvi>ii)n. In the wises of two of tliese, the "Thornton" and "Carohna," a full and dctuilod nvised statement of the losses has [already been submitted, and he (the Minister) submits iierokvith a revised stiitonu-nt of the [loss to the owners of the g('!)0()nei' "()nwai'd"on aceonnl ul the seizure of said vessel. [This claim the Minister consider.s to hi. a reasonable one. The Committee recommend tiiat your K.xcellency 'jc moved to forward the cliiini {herein mentioned to the Rigiit Honourable the Secretary of State lor tiie Colonies for transmission to the United States' Government. All which is respectfully submitted for your Ivxcellency's approval. (Signed) JOHN J. McGEE, Clerk, Privy Council, Canada. Inclosure 3 in No. 89. Declaration of James Douglas Warren. 3ity of Ottawa, Province of Ontario, Dominion of Canada. 1, JAMES DOUGLAS WARREN, of the city of Victoria, in tlie Province of British Columbia of the Dominion of Canada, master ma iner and ship-owner, do solemnly and sincerely declare as follows : — , 1. That I am the duly authorized agent of Charles Spring, merchant, of the said city of Victoria, and owner of the hereinafter-mentioned schooner " Onward." 2. That the said schooner " Onward " is a British vessel of about 94 tons burden, .builder's measurement, and at the time of her seizure, as hereinafter set out, was, and now yje, registered at the port of Victoria aforesaid. V .3. That about the 10th day of June, a.d. 1886, the said schooner " Onward " sailed from the west coast of Vancouver Island, having previously cleared at the port of Victoria Iforesaid, on and for a full-season hunting and fishing voyage in the North Pacific Ocean ijl^d Behring's Sea. 4. That on and for said voyage the crew of the " Onward " consisted of Daniel lonroe, of Victoria aforesaid, master; John Margotich, of the same place, nuite; and »enty sailors and hunters; all of whom were on board the " Onward" at the time of her eizure hereinafter mentioned. i 5. That on the morning of the 2nd August, a.d. 1886, while in said Behring's Sea, in jBorth latitude 54° 32' and west longitude 167° 55', and about 68 miles from Ounalaska Jsland, the nearest land, lawfully, as 1 verily believe, pursuing the objects of her said ■voyage, the "Onward" was seized by the United States' steam-ship "Corwin," and taken in tow of said " Corwin " to Ounalaska, in the Territory of Alaska, of the United States of ;America, having then on board 400 seal-skins. 6. That upon the said "Corwin's" arrival at Ounalaska aforesaid with the said I* Onward," the "Onward" was, by order of the United States' authorities thereat, s.ripped pf her sails and outfit, the skins on board taken out, her master, the said Daniel Monroe, and mate, the said John Margotich, placed under arrest, and her voyage completely broken up. f 7. That the said master and mate, Daniel Monroe and John Margotich, were by the laid United States' authorities taken to Siliia, in the said Territory of Alaska, there to be tried on a charge of having violated the laws of the United States respecting seal fishing in the waters of Alaska. On arrival at Sitka tlie said master and mate were bound over to appear for trial on said charge, and were on or about the 1st of tiie month of September followmg so tried, found guilty, and sentenced— the master, D' nicl Monroe, to jiay a tine _3f 500 dollars, the mate, John Margotich, to pay a tine of 300 dollars, and each to be imprisoned for the space of thirty days, which imprisonment thev suflercd. [ ^8. That hereto annexed, marked " (A)," is a statement of the articles comprising the out 'It of the "Onward" at the time of her departure on said voyage, and the value [thereof, all of which were on board the " Onward " at the time of her said seizure, excepting only what had been consumed in the ordinary course and prosecution of the foyage ; also of the amount paid for insurance on said voyage, also the amount of wao-es paid the crew and hunters on said voyage also the anio.uut paid for fines and expenscs°of *e master and mate in returning to Victoria from Sitka after their release, and also of the lumber and value of the seal-skins on board the " Onward " at the time of her seizure ad which were taken from the "Onward" at Ounalaska by the United lutnonties. States ^■nSai**^^ P'"'^^^ charged for the various articles and groups of articles comprising |_12oJ m ■" 138 1 i5 i :;i; (h(i outfit of the "Onward " on and for said voyage are the regular market prices of the ^md articles at Victoria aforesaid at the time of Iheir purchase for use on said voynse. The price charged in said statement for the seal-skins on hoard the " Onward " when seized, namely, 7 dollars per skin, was the market price per skin at Victoria aCorcsuid m fhe close of the scaling season of 1880, when tl\c catch of the "Onward," had not such ffeiznre taken place, would have heen placed on the market. 10. That the value of the schooner " Onward," as given in Exhihit (A), niinulv, 4,000 dollars, is a fair and reasonahle value for the said schooner at the time of licr seizure ; she was then, and had always heen, kept in first class order and condition, nnd was always a staunch, seaworthy vessel, and for the said voyage had heen rcritted with new sails and sailing gear. 1 1 . That hereto annexed, marked " B," is a statement of the catch of thirteen staiinL'- vessels, in and ahout Bchring's Sea, during the season of 188() ; the said slatenicut is compiled from the Report of the Inspector of Fisheries for the Province r vessel, as found (1 have been had expenses incurred ," the arrest iiiid Iron), and also of ction. iimated loss and .re and deteiiliun ar 1886 is bibcd jiher of skins on irs per skin, tin or A.n. 1887 and ') dol. ;J0 c. per ose of the season hunters for uacl; 1 of 5,000 dollars estimate of the 1 sums on wliich aid interest is so uld have, in the t October in said was, has since es, and the value f 1880, incliKlin: almost wliolly, templated by the orcsaid, and w;i< le-to on a p;riivcl nd generally in a 50 her deck and of the previous y were very leaky e that she could 190 Inot be floatdl and put in n fit stale fo|; sqa without extensive rP|)airs, which at Ounalasku, Iwhere there is neither the requisite workmen nor material, would involve very large lexpenditure, and that to float the said " Onward," take her to Victoria aforesaid, the {nearest port where the requisite facilities exist, and where she could be repaired and Irefittcd at least cost, and there repair and refit her, would cost at least 1,500 dollars. I And I, Douglas Warren aforesaid, make this solemn declarotion, conscientiously Ibeiievin" the same to be true, and by virtue of the "Act respecting Extra-judicial lOaths."" (Signed) J. D. WARREN. I Declared and affirmed before me at the city of Ottawa, in the County of Curletou, in Ihe Province of Ontario, this 9th day of December, A.n. 1887, and certified under my t)flicial seal. (Signed) D. O'Connoii, Notary Public for Ontario. ■ Exhibit (A). Dol. e. Viiluc of tlie .schooner " Oiiwnrd ' iit the lime of Iier seizure .. Outfit— . . (jioccric.i .. .. •• .• •• .. '1.0 r(l Aiuniunitiou .. .. .• ■. •• 19 07 Dry goods .. .. .. .. •• •• '.'^ t'' Sliij) cliauillery .. .. .. .. •• -Jl ^^ Four sliot Kuus ,, .. .. .. .. 01 0(t Tlirec iron wiitcr-tanks . . . . . . ■ . 57 00 Fourteen waler-piisks.. •• .. .. •• 'il 00 Xino canoes and outfit • . . • . . • • '' *'' ''^ Salt .. .. .. .. .. •• -'■'2 57 Coal 13 ao Cooking stove and utensils . . . . . . . . .JG C.T Clirononieter, sextant, and two flags .. .. .. 140 00 Three extra coraijasscs . . . . . . . . -■! 00 Sundries . . . . . . . . • • • • 07 58 Insurance premium and survey on hull . . Wages paid to hunters and crew for voyage . . Fines and expenses of captain and mate liom Sitka to Victoria after release. 400 scal-skius on board, at 7 dollars per skiu. . Uol. c. 4,000 00 1,778 09 260 00 1,8^0 00 200 00 2,800 00 (Signed) Total, Exhibit (A) . , .. .. (Signed) D, O'CoNNOK, Notary Public. .. 10,858 69 J. D. WARREN. Sxhibit (B). — Number of Seal-skins taken by each of the following thirteen Scaling-vessels during the j'car 1886, in and about the Behring's Sea, most of the said vessels leaving the Sea before the end of the said Season fearing seizure : — Vessels. Pathfinder Mary Kllen Theresa . . Favorite , . Black Diamond Alfred Adams Active City of Santiago Silvia Handy Dolphin . . Anna Deck Grace . . W. P. Sayward Seal-skins. Total catch Average per vessel 1,760 4,256 2,625 2,325 1,700 2,465 2,275 1,620 1,587 2,601 1,400 2,550 2,725 30,955 2,381 (Signed) [128] (Signed) D. O'Connor, Notary Public. J. D. WARREN. I TW' \m\ no Exhibit (C). Legal exiic'imrii ,it flitlin in oonncclion with tlic loiiurn of tho " Onwnrd " .. Counsel iiimI other legal feci and cx|M!iiiicii in and ubout the leiziiru of the "Onward," and the elainin nrinin); thereunder, exriusivc of thu above AOO dollnri .• .. .. .. .. ,, ., Perioinl expences other than the above In the Mime eonnection . , , , Dol. c. SOO 00 7/10 00 2S0 00 (Signc(l) Tot^d . . . , . . , . , (Signctl) D, O'Connor, Notary Publir. ., l/jOO 00 J. U. WARllKN. Exhibit (I)). — EsTiMATKn Dninages orising iVom the Scizuie and Detention of the Schooner "Onward," bused on the aveiaj'c (,'atcli per Vessel f'oi* 188G, as irivoi in Exhibit (B). Dol, c. Average call li seul .. ., ,, ,. .. 2,381 liTH nnmbrr on board ut leiziue, and chnvj^ed in KNhibit(A).. 100 Oaliineo, nt 7 dollari) per nkin Heiisoiiable iiiiil |)rolml))o profit On i)|)eriitinn» fur llic jenr 1HS7 "Onwiird" not bcinu released, and not nv;iilnlile to en};aj;e in next year's npenitioiis, reusonnblo and probable profit for 18HS . . 1,981 = 13,867 no .'..flOO 00 5,000 00 (Signed) Total, Kxbibit (D) .. (Signed) D. O'Connor, Notary Public. •JI),H«7 00 J. D. WARKKN. Exliibit (E). — EsTiMATK of the Principal Sums on which Interest at 7 per cent, pci annuiii is claimed, and the Time for wliicli interest is so claimed. Dol. e. Value of the "Onward's" pstiniatcd culeli for 18H(!, namely, 2,3S1 sUina, at 7 ilollars per wl.in, from the 1st day of October, A. I). 1880, when '.lie eatch would hive been reallnfd on ,. .. .. .. 10,0(17 00 Aetual outlay for leftnl ,ii\(l other iieeessary expenses incurred by reason of thi! seizure of the " Onward " lielore the Ist October, 1880 , . . . TjOO 00 Total principid on wliifth interest is elaimOd from October A.l> 188G, to date of payment of claim ,, ., .. ., .. .. 17,107 00 Kstimatcd value of " Onwnrd's " catch for 1887 (less cost of outfit and w:iij;es of crew and hunters) r)u which interest at 7 per cent. |ier annum is elainu'd 1Vom\ the Ist October, A.K. 1887, on or about which date the catch would be realized on, to (late of paynu'nt . , . . .5,000 (10 If claim for 1887 be not allowed, then interest is claimed on the value of the " t)award " from t'.iu l.si October, a.d. 188(1, to date of payment . . 4,000 00 (Signed) J. D. WARRICX. (Signed) I). O'Connor, Notary Public. Exliil)it (K). --Value of Articles of "Onward's" Outtit, which would have been wholly or ahi.ost wholly consumed on a full Iliintiug and Fishiiii^ Trip. Groceries .. .. Amuiuiiitiou .. .. ., ,. ,, ., Dry f;oods Ship eliaiullcrv ., ,. ., ,. .. Salt .. " .. f'nal W'aj^s . . Insuiauce premiums Total consumption duvinj; voyage. . (Signed) (Signed) D. O'Connor, Notary Public. Meirio. If the full claim for the sealing season of 1886, as set out in Exhibit (B), be allowed, then the amount of this Exhibit, 2,955 dol. 98 c. will properly appear ;is a credit, and be deducted from the total of Exhibit (A), of which it forms part. Dol. c. 470 70 19 07 68 25 251 50 52 57 13 80 1,8'iO 00 200 00 , , 2,055 98 J. D. WARRKX Dol. c, SOO 00 7flO 00 250 00 000 0(1 WAIUIKN. tention of the ?G, as given in )<)1. e. 141 No. 90. Colonial Office to Foreiijn Office.— {Received January 23.) I gjf Downing Sir-el, January 23, 1888. I AVI directed by the Secretary of State for the Colonies to transmit to you, to be laid before the \Iar(|ui9 of Salisbury, witli reterence to previous correspondence, copies of two dcspatciies from the Governor-General of Ciniada, forwardinu; stHtcments of claims for losses sustiiincd by certain Mritish vessels engaged in the Hebrinir's Pea se.il tisbcry. I am to recpiest that llioe claims -nay be presented to the United States' Government should l.ord Salisbury sec no olijectioi. thereto. I am to request Vbiit the sub-inclosures in these despatches, whicii !nv sent in oriijinal, [may be rtturncd. I am, &c. (Signed) JOHN BRAMSTON. 867 no 000 00 000 00 HOT 00 WARllKN. )er id. cent. per ol. c. i«7 00 500 00 Ifi" 00 100 00 100 00 ^ WARRIA". e been wiioli )ol. p. 70 70 19 07 ()8 2,'j 51 5!) 62 67 13 80 20 00 00 00 55 98 WARRKN. xbibit (B), be y appear as a Sir, Inclosurc 1 in No. 00. The ^farl^uill of Lmmdoirne to Sir II. Holland. Government House, Ottaira, January 4, 1888. I HAVE tl e liotiDur to transmit to you, for i)resc!itation to the United States* 'Government, a copy of an approved Minute of tiie Frivy Council of Canada, submitting a detailed statement" of tlic claim of the owner and agent of the schooner "Favorite," which vessel was, on the "Jnd August, 1^S6, while scaling in Behring's Sea, about (jS miles from land, ordered by the United States' steamer "Corwin," under threat of seizure, to .cease operations and leave the Behring's Sea forthwith. You will observe tliat the circumstances connected with this claim differ from all the others, inasmuch as no a -tual seizure was effected, but my Minister of Marine and Fisheries considers that the elal.i. or loss of the fishing season is not unreasonable. I have, &c. (Signed) LANSDOWNE, Inclosurc 2 in No. 90. Krporl of a Committee of the Honourable the Privy Council for Canada, approved by hit Excellency the Governor -General in Council on the '30th December, 1887. ON a Ref it dated the I9tb December, 1SS7, from the Minister of Marine and [Fisheries, submitting a detailed statement of the claim of the owner and agent of the i schooner " Favorite," which vessel was, on the 'Jm\ day of August, 1886, while sealing in the Bcbring'; Sea. not far from where the schooner " Onward" was seized the same day, viz., north latitude ,14° 32', west longitude 107° ■')5', about (i8 miles from land, ordered by 'the United States' steamer " Corwin," under threat of seizure, to cease operations and leave the IJchriiig's Sea forthwith. 'riie Minister represents that the circumstances connected with this claim differ i*rom all the others, inasnmch as no actual seizure was effected, but the Minister believes the claim for loss of the fishing season to be reasonable. The Minister recommends that it be forwarded to Iler Majesty's Government for presentation to the Government of the United States. Tiie Committee advise that your K.\cellency be moved to forward the claim herein mentioned to the Right Honourable the Secretary of State for the Colonies, for transmis- sion to the United States' Government. Ail which is respectfully submitted for your Excellency's approval. (Signed) JOHN J. McGEE, Clerk, Privy Council. Inclosurc 3 in No. 90. Declaration of James Douglas Warren. City of Ottawa, Province of Ontario, Dominion of Canada. I, JAMES DOUGLAS WARREN, of the city of Victoria, in the Province of British Columbia of the Dominion of Canada, master mariner and ship-owner, do solemnly and bincciely declare as follows: — : 1 If ill n V i:: I ! ,■ 1 ! :i ' . , i! ' ?' Ml 1 i 142 1. I am the duly authorized ag^nt of Charles Sprir.,':, merchant, of Victoria aforesaid the owner of the hereinafter mentio'.ed schooner " Fa\'oriti;." 2. Tiiat the schconcr " Favo, ite " herein referred to is a British vessel of 80 tons, registered at the port of Victori-. .liorcsaid, and was so registered at tlic^ time of tlit occurrence hereinafter set out, namely, on the 1st and l*nd days of August, a.d. 1886. 3. That towards the end of the niontli of May a.d. IbSG, after havinu; bei-n (hdy cleared at the port of Victoria aforesaid, for tiiat purpose, the said schooner " Favorite" sailed on and for a full season's hunting and fishing in the North Pacitic Oeeau and liehring's Sea. 4. Tiiat on and for said voyage the crew of the said "Favorite" consisted of Alexander McLean, of Victoria aforesaid, master, a mate, and twenty-tlir^e sailors and hunters, and completely equipped and provisioned for a full season of hunting and fisiiiiii.- in said waters. 5. I am informed by the said master of the "Favorite," and several of the crew of the "Favorite," and do .verily believe, that on tlie night of the 1st Auirust, or early morning of the 2iid August, a.d. 188(J, tiie said "Favorite, while in the iJehring's Sen, not far irom where tiie schooner '' Onward " was seized on the said morning of f ho 2nJ August, 18S(), and while lawfully pursuing tlie objects of said voyage, was hailed by United States' stcam-siiip "Corwin," then liaving in tow the seized vessels " Thornton " ar.d " Carolena." -•^■ter the usual inquiries as to the name of the vessel, the Commander or officer then in <;hargc of the said " Corwin " ordered the " Favorite " to cease sealing and leave IJeliiing's Sea forthwith, otherwise she would be seized, or words to that eflect. The master of the "Favorite," not v.isliing to risk seizure, !■ ' iearing that ii he remained in the said sea his vessel and cargo would he so seized as threatened by llic Commander of the; " Corwin," and for no other reason or /eascns whatever, at once madu all sail and left tiie said icalinc: jri'onnds, Liierebv losing the remainder of the seaiin;; season. 6. Tiiat by reason of so being forced to cease sealing and leave Behring's Sea at about the beginning of tiie !)est period of the scaling season, the "'Favorite" lost at least 1,000 seal-skins, and her total catch for tlie season was reduced by that much. 7. I'hat on said voya',e the "Favorite" carried twenty hunters and ten canoes, 'i'lic schooner " iMary Ellen," of Victoria aforesaid, on a similar voyage the same season, with fifteen liuutms afid five sealing-boats, not scei'ig or hearing of the said seizure?, and remaining in the sea till oi" abotU the elose of the sealing season, caught 4,-.Vi seal-skins. The actual eatcli of the "' Favorite " for said season was only Ji.Ji'Jo, tiu)U;;!i she had one-tlnid more hmiters than tlie said "Alary Ellen," and equally as good, if iioi better, chances of obtaining as large a eatcli ; and I verily believe that the sum oi' tliu aet'iai caicii of the " Favorite," togethe: witli the 1.000 herein claimed, making a totnl of 4,'3-5 for the scaj-on of 188(5, is a fair and reasonable estimate for the catch of tlie "Favorite" that year, had she had not lieeu interfered with as above set out. 8. That the market price per seal-skin at Victoria at the close of the s( ason of 188(i was 7 dollars and the amount claimed as the value of \,d{)0 .-^kiiis lost to the owner of the "Favorite" ly reason of her so leaving the Beiiring's Sea is 7,000 dollars. And f, .Jar.ies Douglas Warren aloresaid, make this soktiMi deekiratiou, coii- f.cieiitiously believing the same to bo true, and by virtue , 18~8. WITIT refei'cncc to previous correspondence, I liiae the hono'.n- io loi \v;.'(l herewitli a copy of an approved Minute of the Privy Council o( Canada, embodying a He|iort of my Minister of Marine and Fisheries, submitting detailed statements of the claims of tin' owners and agents of the " \V. P. Sayward," " (J race," "Anna Beck," " Dolpliin." " Alfred Adams." and "Ada," seized in tlic Behriiig's Sea during the present season for tlu f'.,.ged offence of illegally capturing seids. 2toria aforesaid, iscl of 80 tons, ho time of the A.n. 1886. rjti duly cleared Dcitc " sailed oa Mchrinjj's Sea. '." consisted of rfe sailors and ti'.ig and fisliiiiL; I of llic crew i,| Ui'^iist, or early ! JJelii'ing's Sen, iiorning of 11k' 2, was hailed by ih "'flioriitciii" the Conimandt'i' )iite" to ceasL' Ed, or words t;i ' feaiin;; that ii reatened by liin r, at oneo iiiadu of the sealing; g's Sea at about ,t at least 1,0(10 in eanocs. The e same season, c said seiznies. , caught 4,2.')'i • ;i,325, thoiiuii as iiood, if mil the sum of tiie making a totiil le catch of the ason of 188(1 le owner of the elaralion, con- Act rcspcciinji WARREN. iVarleton, in itied luider mv Do! |i!un. 143 Tiie Minister, you will observe, is of opinion that the claims submitted are reasonable, and recomtrends that they be presented to the United States' Government. (Signed) I have, &c. LANSDOWNE. (iri) C), 18?8. •\v;.vd iierewitli Hcport uf my claims of llii' Inclosnre 5 in No. 00. lieporf of a Commlitee of the Honourable the Prmj CoiDicil for Canada, approved by his krrillcnri/ the Governor-General in Council on the SOtli December, 1887. 1 ON a r.eport dated the inth December, 1887, from the Minister of Marino and Fi-^heries, suomittinii detailed statements of the claims of the owners and agents of the following vessels seized in tiie ik-hring's Sea during the present season by United States' I revenne'ves,els, for the alleged offence of illegally capturing seals :-.,,„ ^ „ I 1. Schooner " W. P. Say ward," seized the 9th July, 1887, latitude 54 43 north, 'longitude 167" al' west, !j8 miles from nearcsUand; ^ 2. Steam-schooner "Grace," seized the 17th July, i887, latitude oJ 3 north, M longitude 1G&" 40' west, '.)2 miles from nearest land ; 3. Schooner "Anna Beck," seized the 2nd July, 1887, latitude 54' 58 north, longitude 1()7" '2G' west, 06 miles from nearest land; _ 4. Steam-schooner '-Dolphin," feized the 12th July, 1887, latitude 54, 38 north, ' longitude \(u° i' west, 42 miles from nearest land ; . , . .„ o, , J ■ :'). Schooner " Alfred Adams," seized the 6th August, 1887, latitude i)4" 48 north, longitude 1G7° 4'.)' west, 62 miles from nearest land ; ' (i. Schooner "Ada," seized the 25th August, 1887, about 15 miles northward /^froiii Ounalaska Island, which was the nearest land ; ■ 'riio Minister rcprcsenu; that the circumstances connected with the seizure of these '••-sselsdo not materially differ from those attending the seizures of 1886, and for which faims for tlie losses sustained ha\o already been forwarded to Ilcr Majesty's Government, r preseni ation to the Government of the United States. i'A It may, however, be maintnlned that the injustice of th3 seizures made in 1887 is ipniphasized by the action of the United .States' Government in ordering the release of the i^essels seized in 1886, and tlius leading owners of the vessels for which claims are now ■^presented to fairly assume that, under similar circumstances, no further seizures of ,lJ^Caniuiian vessels in Bchring's Sea would be effected by the United States' Government. 'M The 3Iinister believes that the claims submitted herewith, the particulars of which, 4 as far as possible, arc attested to, are reasonable, and recommends that they bo forwarded I to Her Majesty's Government, for presentation to the (ioverim.ent of the United States. t The (Committee advise that your E.vccllency be moved to forward the claims herein .< mentioned to the Ui;;lit Honourable the Secretary of State for the Colonics, for transmission , to the United States' Government. All which is respectfully submitted for your ICxccllency's approval. "^- '^ JOHN J. McGEE, Council. ivy season for the Inclosure 6 in No. DO. Declaration of Jarpes Douijlas Warren, City of Ottawa, Province of Ontario, Dominion of Canada. I, JAMEiS DOUGLAS WAllREX, of the city of Victoria, in the Province of Britis Columbia of the Dominion of Canada, master mariner and ship-owner, do solemnly and sincerely declare as follows : — 1. That I have been a resident of the said city of Victoria for the past twenty-nine years, and during that time I have been largely interested in the building, etiuipment, and management of steam and sailing vessels. I have also been engaged in the sealing and fishing business at said city for the past fourteen or fifteen years. 2. Tlic steam-schooners " Grace " and " Dolphin," and the schooner " W. P. Say- ward," and the rebuilding and fitting with steam-power of the steam-schooners " Anna Beck " and "Thornton," all of which vessels have been seized in Bchring's Sea by the United States' authorities, were built and done for me, and under my personal direction, and were each owned and managed by nir for some time after their completion, and are in V , ■m |i: ■ 5 f m now rnanuced by nic lor tlicii- respective owner and owners. 'I'lie schooners " Curolcim,'' " Favorite," "Alfrcil Adams," " Adii," and " Onwiird," ail also seized in Behring's Sii, by tiie United States' anihoritics, were each and ail well known to uie from |)ersuiiii| knowledi;e. From my interest in the lieiirin£;'s Sea scaling; business, 1 ke|)t myself \vc|| posted on tlie matter and manner of the condition and equipment of the said vessels, anc most of the facts stated in the declaratious of claim in the case of each of tliese vessels cauie under my personal ol)servation. The said vessels, excepting the " riioriiton.' "Onward," and •• Carolena," wliich arc at Ounalaska, are at Sitka, in the United States' Territory of Alaska. 3. T'' brins these vessels from Sitka to Victoria, a distance of al)out 'JOO milis, vili involve a cost of at least l.'iOO dollars to purchase the necessary materials and take tluiii 1 to Sitka, and to convey the necessary men to Sitka and pay tlieir waives. iM'om le.uni,. Victoria until ariivnl back with any one of said ves.-els would ti;!:e about tv.'o months, o perhaps a few days less in the summer months, and a few days more in the wmtq months. 4. A full hunting and sealing season bei;ins as early as the 1st January and uptli the 1st March, and extends thente until the end of September. This season is divided into two parts, the coast season and the Uchrinjj's Sea se.i-ini The coast season terminates about the end of .lune, but vessels intendinj; to go ti Behring's Sea generally leave the coast fishing during the month of May, sealing as tiicy go northward, and reaching lichring's Sea the end of .luni? or beginning of .Inly, 'flu best period of tlu; sealing season in J^ehring's Sea varies in ditferent years according to the prevailing weather from about the 'iOth .July to the end of September, after which date, though seals are plentiful, stress of weather compels scaling-vesseis to leave the sea and go south. .'). On sealing voyages the hunters are paid in lieu of wages so much per seal skin on each skin they capture, receiving from 2 to 21 dollars per skin. The masters arc generalli paid i)artly in wages md partly in the same manner as the hunters. The only vessel in the Behring's Sea in either of the seasons of 1886 or 1887 that made a reasonably lull catch of seals was the schooner " Mary Ellen," of Victoria, wliich, in the season of 1880, took 4,'2.')t) seal-skins. On and for said season the "Mary Flk'n' cni'ried fifleen hunters and five boats, an average catch per boat of H.'il seal-skins, the five boals being about ecjual to eight or nine canoes. The " Mary Kllen " was the only vessel in Hehring's Sea in either 188(3 or 1887 which so tar as I know, or am able alter in(]tiii'v to learn, lemained the full season in said sea on and about the best sealing grounds without being disturbed by the United States' authorities. And I believe that the said steam-schooners "Gi'ace Dolphin" and "Anna Beck," and the said schooner " \V. 1*. Sav- wardj" which were the best ecpiipped vessels for sealing that had ever entered the Behriiiif's Sea, would have, if not seized or disturbed by the United States' authorities, made ,ii cqudily large catch in said years 188G and 1887, there being no reason why they slioul not do so. (i. The masters of the steam-schooner "Thornton " and schooner " Onward," and 'li mate of the srhoDiier "Carolena," f...er their arrival at Sitka as prisont.' in the lattei ]ui of August, euteieci into an agreement with one Clarke, a counsellor-at-law at Sitk.i, to; defend their vessels and themselves on their pending trial at Sitka lielbrc the Uiiittd i States' Uistrici Court, and the charge of oOd dollars for legal e.\penses at Sitka in the ta-e' of eacli of the said vessels is to cover the claim of siiid Clarke. . 7. The wages of the crew of (!ach of the said seized vessels, except the "Ahiti Adams" and "Onward," arc based on two montlis' btrMce espiring on the day of' sii/tiuj in each case, in the "Adams" and "Onward" r ses, the crews were paid up to the tiiiie of their arrival at \'ietofia. ?'ty And 1, .lames Douglas Warren aforesaid, make tiouslv believin Oaths." this solemn declaration, consciiMi the same to be true, and by virtue (A' the '"Act respecting Extra-judicial j (Signed) .1. D. WAllRIA. ant Declared and atlirmed before me, at the eily of Ottawa, in the Counly of Cailctoii I'rovinee of Ont. ''o, this i)th dav of December, a.d. iSbZ, and certified under im oflicial seal. (Signed ^ J. M. Baluehson, A'ottiri/ Vim Ik- for Ontarih 145 ners " Ciirolciia," ] in Beluing's Sen ne from jicrsuiml ' ke[)t myself wdi said vessels, fiiic li »)f tiiese vesselv the "Thornton, he United Stati. it yOO miles. viH Ills and tiike tlun, js. iM'oni Ifiiviii.' t tVt'o months, a: nv in the wjnt.i muary and up till ri life's Sea scusun, tending to go ti ly, sealin}? as they ng of July, 'flic s aceordinjr to tlic , after which date, t leave tho sea and h per seal skin on sters are generally 1886 or 1887 tlint )f Victoria, which, ;he "Mary Klleii" seal-skins, the (ivc vas the ordy ve-'scl ahle after in(]uirv it sealing groimils liovc that tne suiil loner " W. V. Silv- ered the liclirin;,''s thorities, made iin 1 why they siioulu Onward," and the in tho latter pai; -law at Sitka, ti liefore the Uiiittd Sitka in tlie ca>c eept the "AH'r.: the (l.iy of sei/.iii\ id u[) to tlu' liim laration, con.-'ciii;- ting lixtia-jiHlii'!,L D. \VARlli:\. 'ounty of C';nieti)-: ;erlilicd uiuIlt iin ', " " Inclosure 7 in No. 90. • . . I Declaration of James Douglas Warren. . ^ ity of Ottawa, Province of Ontario, Dominion of Canada. I, JAMES DOUGLAS WARIIEN, of the city of Victoria, in the Province of ritish Columbia of the Dominion of Canada, master mariner and ship-owner, do solemnly d sincerely declare as follows : — 1 . That I am the duly authorized agent, by power of attorney bearing date the 4th ovember, a.d. 1886, of Thomas H. Cooper, of the city of San Francisco, in the Stale of lifornia, one of the United States of America, the managing owner of the hereinafter ntioned schooner " W. P. Say ward." 2. That the said Thomas H, Cooper is, as I am informed and do verily believe, British subject by birth, and has never renounced his allegiance to the Sovereign of eat Britain. . i m 3. That the said schooner " W. P. Savward" is a British vessel, having been built at ictoria aforesaid in a.d. 1882, and duly registered at the port of Victoria nforesaid, was at the time of her seizure, as hereinafter set out, so registered. The said P. Sayward " is 1S6^ tons burden, hy builder's measurement, and is a well and ■frongly built vessel. i^ 4. That on the 16th day of Mav, a.d. 1887, after having duly cleared at Customs at tike port of Victoria aforesaid for such purpose, the " W. P. Sayward " sailed from Victoria (A and for a full hunting and fishing voyage in the North Pacific Ocean and Behring's Sea. On said voyage George E. Fercy, of the said city of Victoria, was master ; Andrew liing, of the same place, mate ; and "the crew numbered, in addition to the master and Ittite, twenty-two or twenty-three, with nine canoes and one boat for hunting and sealing ^ttmposes. \'s- 5. On tlie 2nd day of July the., next following the said " W. P. Sayward " entered Biiffing's Sea, having then on board, as by the rejiort of the master sent to me, 4T!) seal- «i||ii, all taken on the voyage from Victoria to Behring's Sea prior to the said 2nd day of J^. After entering the said .sea the weather was very thick, and no sealing was done by ii|"W. P. Sayward." ^'Mf 6, On the 9th day of said July, the " VV. P. Sayward " then being in latitude 54° 43' tifth and longitude 167" f)]' west, and about 58 miles from Ounalaska Island, the nearest liid, and lawfully pursuing the objects of her voyage, was seized by the United States' Wi«ni-ship " Rieliard Rush," and taken to Illoolook Harbour, at Ounalaska Island, in the ^ited States' Territory of Alaska. At said harbour the seal-skins on board the •"W. P. Sayward " were taken out and stored on shore, and the " W. P. Sayward" was, bjf'order of the authorities of the United States, sent to Sitka, in the said Territory of Alaska, in charge of an ofliccr from said " Richard Rush," together with all her crew. 7. Upon arrival at Sitka the " W. P. Sayward" was handed over to United States' Marshal Atkins, the master and mate of the " W. P. Sayward," the said George E. Percy Mid Andrew Laing, were taken before a Judge and bound over to appear for trial on the %ind day of August then instant, and from day to day thereafter, on a charge of having i^lated tl e laws of the United States relating to seal-fishing in the waters of Alaska. TRie said master and mate so appeared on the 22nd August and day by day thereafter, 48til the 9tli day of September, when, without having been tried on said charge or any dttier charge whatever, they were unconditionally released. 8. That hereto annexed, marked " (A)," is a statement of the value of the said schooner fW. P. Sayward " at the time of her seizure by the " Richard Rush," also of the articles, liid groups of articles, and the value thereof^ comprising the outfit of the " \V. P. Slyward " on and for said voyage, also of the amount of premiums paid for insurance of Ipc hull, outfit, and cargo of said schooner during said voyage; also of the amount paid la wages to the crew and hunters on said voyage ; also of the fares and expenses of the llate to and from Victoria for instructions, and of the master, mate, and part of the crew "^returning to Victoria from Sitka; and also of the number and value of the seal-skins tMcen from the said schooner when seized. 9. The value placed on the schooner " W. P. Sayward" in said Exhibit (A), namely, ^flOO dollars, is a fair and reasonable valuation of the said schooner, considering her lljpglnal cost, which was about 7,000 dollars, the condition of re[)air she was in when Bed, and the value of vessels of her class at Victoria aforesaid, for such purposes as the ff. P. Sayward " was designed and used. Immediately before going on said voyage she T thoroughly repaired and refitted, and, at the time of her seizure, was in firet-class order [128] U m f ' Jll 1 ^ 1 il |!^ IIimSI' 146 and condition. Besides tVie outfit mentioned in Exiiibit (A), tlieie wus on board the "W.pl Saywnrd," when seized, a considerable (jusuitity of extra wear, tacltlinij;, and ship stores. The insunincc vahie of the " W. P. Sayward," i'or tlie year 1887, was 6,000 dollars, anii on and during said voyage she was insured in the sum of 1,000/. on her hull, and inj 2,000/. on her outfit and cargo. 10. The value placed on the various articles and {j;r()ii|)s of articles comprising the I outfit of the said sciinoner, us !i;ivcn in I'Lxliibifc (A), is the uiarkut price for each ofs articles at Victoria aforesaid at the time of tluir |)urehase f()r the use and purposes of ( voyage. The price eiiargcd in l'ixhil)it (A) for the seal-skins on board the " W. pj Sayward " when seized, namely. 5 dol- ^0 c. per skin, is the market price per skin current ai| Victoria aforesaid on or about the close of the sealing season of 1887, when the catch oil the •' W. P. Sayward," had not such seizure taken place, would have been placed on tJiel said market. 11. That hereto annexed, marked "(C)," is a statement of the legal and personal! expenses incurred at Sitka and elsewhere by reason of the seizure of the "W. P.f Sayward," the arrest and detention of her master and mate, and the claims arisinii therefrom. | 12. That hereto annexed, marked " (D)," is an estimate of the loss and damage resultinjj to the owner thereof by reason of the seizure and detention of the schooner " W. P,l Sajward " during the season of 1887, and the probable loss from the same cause fortli(l season of 1888. The estimated catch of seals by the " W. P. Sayward " for the season ojj 1887 is based upon an average catch of .'{50 seals per boat and canoe for a full seasoD,[ and I verily believe, had the above seizure not taken place, that, under ordinary ciieiiin." stances, the total catch of the "W. P. Sayward" for said lull season would have been a; least the said number of 3,.')()0 seals. 13. That after the close of the sealing season, and durinn the months of October November, and December, a.d. 1S87, and January 1888, had the " W. P. Sayward" bew in her owner's ])ossession she would have been engaged in the coasting and i^uiiaj! freighting trade in and about the coasts of Mritish Columbia, and the said claim ol 300 dollars per month for each oC said months is a fair and reasonable estimate ol' tin earnings of the '' W. P. Sayward " for and during j^aid months, after deducting therclioit the cost of wages and running expenses. 14. In order to put the " W. P. Sayward " in order and condition to engiiu;^ u hunting and fishing the full season of 1888, it is necessary that she should be in iu' owner's possession nt Victoria aforesaid on or before tlic 1st day of February, a.d. IS8> If not then at Victoria it will be impossible to repair and refit lier in time to start out on. full season voyage which begins about the 1st March. As during the sununer niontli' there would be little for a vessel like the " \V. P. Sayward " to do in the coasting and loia. freighting trade, if she were not got away on a fishing and hunting voyage the sca^o' ? would be practically lost. The cstimateil profit on a full season of hunting and fishini,' kl the "W. P. Sayward" in 1888, namely, (»,00() dollars, is a liiir and reasonable catcii estimate, based on a catch of 3,500 seal-skins, and, deducting from the gross value thcicoti at 6 dol. 50 e. per skin, the cost of outfit and wages based on the " \V. 1'. Sayward's | voyage of 1887. 15. That hereto annexed, marked " (H)," is a -statement of the principal sums oi:| which interest at 7 per cent, per annum is claimed, and the time tor which it is so elaiiiicJ.| On the 1st October, a.d. 1887, on or about which date the catch of the " W. P. Sayward for 1887 would have been, in the ordinary course of events, realized on, the minimum ratei of interest on money for commercial purposes at the said city of Victoria was, has siiictl continued to be, and now is, 7 per cent, per annum. 16. That hereto annexed, marked "(F)," is a sfatement of the articles, nnd groups oi| articles, and the value thereof, comprised in the outfit of the '' W. P. Sayward " on said voyage as given in Exhibit (A), which would have been wholly or almost wholly consuiikCI in the course and prosecution of a i'ldl season's hunting and tisliing voyage, such as coii'l templated by the " W. P. Sayward " in 1 88?, And J, James Douglas Warren aforesaid, make this solemn declaration, conscicntiouslii believing the same to be true, and by virtue of the " Act respecting Extra-judicial oallis." [ (Signed) J. D. WAKKEN. Declared and affirmed before me at the city of Ottawa, in the County of Carletou anil Province of Ontario, this 9th day of December, a.d. 1887, and certified under my oditiai] ■eal. (Signed) D. O'CoNNOft, Notary Public. n board the " W. P, I ig, and ship stores, i 6,000 dollars, and 11 her hull, and \A cles comprising the I ice for each oi'g id purposes of saiijt board the " W. pj per skin current ai t , when the catch ofj been placed on thef 'i legal and personal ij re of the "W. P.. the claims arising | nd damage resultin.ii I schooner " W. P^ same cause for He I i " for the season oij 30 for a full soiisoiij er ordinary circuiiH would have heeiiatg lonths of October, ! P. Say ward" bwa, asting and geneds tlie said claim o! ? iblo estimate of tlie Icducting thercfran itioti to engiiitc i/' 3 should he in lici 'ebrnary, a.». 1888,1 ni; to start out onil le summer montbil e coasting and iodl voyage the seasoul iting and fisiiingbvl d reasonable catcll gross value thereo(l W. 1'. SaywardV'l priiiciital suras ocl ieh it is so claiincd.l " W. P. Say ward '^ , tiie iiiininium ratel toria was, has sinctl cles, iind groups oi| Sayward " on said it wholly consuiuidj jyage, such as c'oii'[ ion, conscientiousiji ra-judicial oallis." . D. WAKKEN. ity of Carleton ai d under my olliuo 147 Exhibit (A). Value of tlic s(:lM)mKi- " W. P. Siiywnid" nt tlie time of lier Bcizuru liy Uiiiti'd Kiati-.' Htoain-.ship " Riclmrd Kiwh " oil tlie Otli July, a'.u. 1HS7 Vnlue of •' \V. 1". Say wnrd'd " outfit on said voyogc — GroccrieH . . . . • • Aniniuiiitioii .. .. •. •• •• •• Dry ^'()o(!s ,, ,. .. .. .• •• Two iri n tinikH . . . . • • • • • • Wati'i-cnsks .. .. .. .. •• Ship cliandliry l''i>m' No. lU KJiot guns .. .. .• Two rillcs .. .. •. .. •• .• ( Mill inililomciils and tool« .. .. .• •. One .'^I'aliiii^-boiit (rtturncd) .. .. •• •• Nine eaiiocs and outfits . . .. .. 8 tons salt .. .. •• •• ■• .<• a tons eoal .. .. •• •• •• •• Cooking range and utcntjilx . . . . . . . • Iii.siirancc — J'leiiiiuni on 1.000/. on IniU, HI/, fw. 8'/. Premium on '.'.000/. on eargo, lOii/. 13s. 'lil. WascB paid tiailorK and huii<,er.t for voyage up to time of seizure . . I'.iNsnge money of mate to Victoria lor counsel and instruotiona and return . . . . . . . . . . • • Fans of niiiKter and mate on return to Victoria, and ijcrsonul expenses FariK of K'vcntei!ii men (crew) from Fort Simpson to Victoria .. ■i'i9 .seals on lioard " \V. 1'. Say ward" when seized, at S dol. 60 c. per .skin . . . . • . • . Total, Kxliibit (A) . . Dol. c. Doi. I!. 6,000 00 856 6T 20i 76 9S 15 SO 00 26 00 101 40 IGO 00 46 00 9 00 .013 00 ,' 120 00 35 00 75 00 9,288 fiS 410 70 514 69 925 29 1,437 76 .. 100 00 160 00 255 00 506 00 2,634 60 . . (Signed) (Signed) D. O'Connor, Notary Public. 13,791 12 J. D. WARREN. Exhibit (G). Dol. c. Legal expense;* at .Sitka in connection with the seizure of the " \V. P. ^aywiml" .. .. .. .. .. 100 OC Counsel and other legal fee.s and expenses in and about the claimB arising I'l 0111 said seizure .. .. .. .. .. 750 00 Personal < x] eiist s ol' the owner in connection with eoid ocizure and elaiiiis .. .. .. .. .. .. ., 250 00 (Signed) lolal. Exhibit (C) (Signed) I). O'Connor, Notary Public. 1,100 00 J. D. WARREN. Exhibit (D). — Da.mages arising from the Seizure and Detention of the "W. P. Sayward," during the Season of 1887, based upon her reasonable and probable Catch of Seals for that Season. Dol. c. Estimated eatch of seal-skins ., ,. ,, .. ,. 3,500 Less on board at seizure .. ., ., ., ,. 479 M Balance, at 5 dol. 50 c. per skin .. ,, 3,021 = 16,615 50 Loss to owners of " W. P. Sayward " by reason of her detention after the close of the sealing season ol 1887, namely, for the monthB of October, November, and December, A.u. 1887, and January, A. I). 1888, when the " W. P. Sayward," if in owner's jiosscssion, would have been engaged in coasting tiaile. Four months, at 300 dollars per month ,. .. 1,200 00 If owner not put in possession of " W. P. Sayward" on or before the 1st Fehnmry, 1888, so that she may be put in order and condition to engage iu fishing and hunting voyage for season of 1888, reasonable ond probable profit for the season of 1888 .. .. ., .. .. 8,000 00 [128j U 2 mm 1 t 'W, 148 £xhibit (B). — Estimate of the Principal Suras on which Interest is claimed at 7 per cent, per annum, and the Time for which it is so claimed. Dot. c. Value of the estimated catch of the " \V. P. Say ward " for Heason of 1887, from the 1st day uf October, a.d. 1887, when said catnh would have been reuhzed on, viz., 3,tJ00 skiiia, ut 5 dol. SOc. per skin .. ,. .. 19,250 00 Actunl outlay foi: legal and other expenses on account of said seizure prior to the 1 St October, 1887 .. .. .. .. .. .. (i05 lU Total principal on which interest at 7 per cent, per annum from the 1st October, 1887, is claimed .. 19,855 10 (Signed) (Signed) D. O'CoNNOE, Notary Public. J. D. WARREN. !i Exhibit (F). — Value of estimated Consumption of Articles of "W. P. Say ward's" Outfit on a full Voyage. Groceries , . . , . , . . , , , , A munition .. ., .. .. ,, Dry poods .. Ship chandlery . . . . Salt .. .. ,. ., .. ., Coal Wages Insurance premiums , . . . . . . . . . Do). e. 856 67 202 76 95 76 101 40 120 00 35 00 1,437 76 925 29 (Signed) Total consumption •. .. (Signed) D. O'CoNNOE, Not' J Public. 3,774 62 J. D. WARREN. Memo. If the full claim for the season of 1887, as set out in Exhibit (D), be allowed, tliecl the amount of this exhibit, 3,774 dol. 62 c, will properly appear as a credit, and bel deducted from the total of Exhibit (A), of which it forms a part. li ■H " Inclosure 8 in No. 90. Declaration of James Douglas Warren, City of Ottawa, Province of Ontario, Dominion of Canada. I, JAMES DOUGLAS WARREN, of the city of Victoria, in the Province of Britisil Columbia of the Dominion of Canada, master mariner and ship-owner, do solemnly and I sincerely declare as follows : — 1. That I am ti>e duly authorized agent of Thomas H. Cooper, of the city of Saul Francisco, in the State of California, one of the United States of America, the owner c the hereinafter-mentioned steam-schooner " Grace," by power of attorney bearing date tliel 4th day of February, a.d. 1886. 2. That the said Thomas H. Cooper is, I am informed and do verily believe, u Britisli subject by birth, and never having renounced his allegiance to the Sovereign of Great] Britain. 3. That the said steam-schooner " Grace " is a British vessel built at Victoria aforel said, in a.d. 1881, and duly registered at the port of Victoria aforesaid. By builder'sl measurement the " Grace " is about 182 tons burden. She is substantially and strongljl built, copper fastened throughout, and in a.d. 1885 her bottom and sides to about h load-line were coppered. Her steam power consists of one large boiler, compound engiiifil and all necessary littings, including inside surface condenser, steam fire pumps and hosc,| and also had on board a double steam cargo winch. 4. The said " Grace " was duly licensed as a passenger boat, and had all the appliaacesl and conveniences required by Canadian law for such vessels. 5. That as such agent as aforesaid, I am the sole manager of the said steani-l schooner " Grace " for the said Thomas H. Cooper. 149 V. P. Say ward's" Dol. c. 856 67 202 76 95 75 101 40 120 00 35 00 1,437 75 925 29 J. D. WARREN. ail all the appliaQceil of the said steam- 6. TImt on or about the 23rd day of April, a.d. 1887, having previously duly cleared therefor at the port of Victoria aforesaid, the said steam -schooner "Grace" sailed from Victoria on and for a full season hunting and fishing voyage in the North Pacific Ocean and Behring's Sea. On said voyage the crew of the " Grace " consisted of William Petit, of Victoria aforesaid, master, a mate, and twenty-nine sailors and hunters. 7. That on the 6th or 7th day of July following; the " Grace " entered the Behring's Sea along the 172nd west meridian, througii tlio Amoughta Pass, commonly called the " l72nd Pass,'' having then on board 458 seals taken while on the voyage from Victoria aforesaid to the said pass. 8. That on the 12th day of said July, a.d. 1887, the " Grace " began sealing in said liehriuii's Sea, and from then till she was seized as hereinafter set out caught 323 seals. On the 17th day of the said month of July the United States' steam-ship "Richard Rush" seized the said steam-schooner "Grace" for alleged violation of the laws of the United States of America respecting seal-fishing in tiie waters of Alaska. At the time of said seizure the " Grace" was in north latitude 55° 3' and west longitude 168° 40', then being about 92 miles from Ounalaska Island, the nearest land, and, as I verily believe, lawfully pursuing the objects of said voyage. 9. The " Grace " after being seized was taken to Ounalaska, in the Territory of Alaska, where by order of the United States' authorities thereat, all the seal-skins on board, except as hereinafter stated, were taken out and stored at Ounalaska, and all the firearms and ammunition taken on board the said " Richard Rush." On removing the seal-skins twelve were missing. Five were afterwards discovered on board the " Grace " and not removed, the remaining seven were not, so far as I know, ever found. 10. After ren)oval from the " Grace" of the said seal-skins as stated in the preceding paragraph 8, a United States" officer was placed on board the " Grace," and she was, in charge of said officer, taken to Sitka, in the Territory of Alaska, together with all the crew and hunters. On arrival at Sitka on the 1st August United States' Marshal Atkins took charge of the " Grace." The master, the said William Petit, was bound over to appear for trial on the 22nd day of August then instant, on a charge then preferred against him of having violated the laws of the United States respecting seal-fishing in the waters of Alaska. The said master so appeared for trial on the 22nd instant, and thereafter day by day until the !)th day of September next following, when, without having been brought to trial on such a charge or any other charge whatever, he was unconditionally released. 11. That liereto annexed, marked " (A)," is a statement of the value of said steam- schooner " Grace " at the time of her seizure, and of the outfit then on board, also of the premiums paid for insurance on the hull, outfit, and cargo of the " Grace " for and during said voyage ; also of the amount of wages paid the crew and hunters on and for said voyage jp to time of seizure ; also of the expenses and fares of the master and five liien at and from Sitka to Victoria aforesaid, and also of the number of the seal-skins on board at the time of seizure, and the value thereof. 12. That the value placed upon the said steam-schooner "Grace" at the time of her seizure, namely, 12,000 dollars, is based upon the original cost of the said vessel, the state of repair she was then in, and the general market value of the vessels of the same class at the s^id port of Victoria, and for the same purpose for which she was designed. The first cost of the " Grace " was between 16,000 and 17,000 dollars. At the time of her seizure she was G years old, and in 1 885 had been thoroughly repaired, coppered as aforesaid, and generally put in first-class order and condition. On her departure on said voyage she was in good order and condition, and had on said voyage up to the time of seizure sustained no damage beyond ordinary wear and tear. Her insurance value for said year 1887 was placed at 12,500 dollars, and she was, while on said voyage, insured for the sum of 2,000/., and the said value of 12,000 dollars at the time of iier seizure is a r(;a?,onal)lc and fair value for the 3aici steam-schooner " Grace." 13. That the value in lixliibit (A) placed on the articles, and groups of articles, comprising the outfit of the said " Grace " is the cost price of the said articles at the port of Victoria at the time of their purchase for the purposes of said voyage. In addition to the outlit named in Exhibit {.\), there was on board the " (irace " at the time of her seizure a considerable quantity of general ship stores. 14. The price per seal-skin charged in Exhibit (A), namely, 5 dol. 50 c. per skin for the seal-skins on i)oard the " Grace " when seized and taken out at Ounalaska was the market price at Victoria at the close of the sealing season of 1887, when the catch of the "Grace" for that season, in the ordinary course of events, would have been placed on the market. 15. Thai hereto annexed, marked " (C)," is a statement of the legal expenses incurred '* S.'.tka and elsewhere by reason of the seizure of the " Grace " and the arrest of the II' if '\$ 150 oaptaifi, and the claims arising thererrom, and also of the personal expenses connected therewith. 16. That hereto annexed, marl4 25 1,335 no .. 5,410 85 J. D. WARREN. (Signed) Memo. If the full clnim for the season of 1887, as set out in Exhibit (D) be allowed, ^^ then the amount of this Exhibit, 5,410 dol. 8.5 c, will properly appear as a credit, and be deducted from the total of Exhibit (A) of which it forms a part. I < Inclosure 9 in No. 90. Decluration of James Douglas Warren. City of Ottawa, Province of Ontario, Dominion of Canada. I, JAMES DOUGLAS WARREN, of the city of Victoria, in tiic Province ot British Columbia of the Dominion of Canada, master mariner and sliip-owner, do solemnly and sincerely declare as follows : — 1. That I am the duly authorized agent of Thomas H. Cooper, of the city of San Francisco, in the State oi' California, one of the United States oi' America, engineer, by power of attorney bearing date the 4th day of November, a,d. 1886, the owner ot the hereinafter-mentioned steam-schooner " Anna Beck." 2. That the said Thomas 11. Cooper is, as I am informed and verily believe, a British subject by birth, and has never renounced his idlesiance to the Sovereign of Great Britain. 3. That the said steam-schooner "Anna Beck" is a British vessel since a. u. 1872, when she was transferred by purchase from the Registry of the port of San Francisco aforesaid to that of Victoria aforesaid, and has since remained on the Registry of the port of Victoria. In 1883 the "Anna Beck" was rebuilt and raised, and in the winter of 1880-81 she was fitted up with steam-propellor, and all the machinery and appliances necessary for such a purpose. The cost of said steam-power and rebuilding was over 8,000 dollars. 4. That as agent, as aforesaid, of the said Thomas H. Cooper, I am the sole manager of the said steam-schooner "x\nna Beck." 5. That on the 2 1st .March, a.d. 1887, the said "Anna Heck" sailed from Victoria, having previously cleared for that purpose, on a full season's hunting and fisliing voyage in the North Pacific Ocean and Behring's Sea. On or about the '2^>i\\ day of May then next following the " Amia Heck" sailed from the west coast of Vancouver Island for Behrinj;'s Sea. On and tor said voyage to Behring's Sea the crew of "Aima Beck" consisted ot 153 3nt. per annum uld have been oyafte. )ol. c. (48 13 6C. 63 C.l 17 IK •27 50 !.11 00 CA 25 ias no 10 85 WARREN. li) be; il lowed, a credit and be Province ot IV, do solemnly 3 sole uianager Louis Olsen, ot the said city of Victoria, master; Micliael Kcefe. of the same jiiace, mate; tnd twenty-one sailors and hunters, with one sealing-boat and eight canoes, and a complete puttit for 11 full voyage of hunting and tishing in Behring's Sea. 6. That on or about the 2Htli day of June, a.d. 1887, the " Anna Beck " entered the 3ehring's Sea, and on the 2nd day of .luly, a.d. 1887, while in said sea, in latitude 64° .58' jiortli and longitude 167° 20' west, then being about 6t< miles (roin the nearest laud, and [awfully engaged in the objects of said voyage, the "Anna Reek" was seized by the United Ktates' steam-ship " Richard Kush," for alleged violation of the laws of the United States Vespeeting seal-fishing in the waters of Alaska. I 7. That at the time of said seizure the " Anna Beck " had on board 3'M seal-skins, oost of which had been uiken by the "Anna Beck" on her voyage up to the time of bnturing said sea, and not afterwards. After seizure, the "Anna Beck" was, by the Luthority of the Commancier of the " Uichard Rush," taken to lUoolook Harbour, at )unalaska Island, in the United States' Territory of Alaska, where the said seal-skins were aken out and stored on shore, and the arms and ammunition transferred to the said •• Richard Rush," either at sea or in said harbour, The master, mate, and crew of the ' Anna Beck " were sent to Sitka, in said Territory of Alaska, on the American schooner ►'Clialleiige." On their arrival at Sitka aforesaid the master and mate of the '• Aima Seek " were taken before a Judge, and bound over to appear before said Judge on the 'Jind August then instant, for trial, on a charge of having violated the laws of the United Slates Respecting seal-fishing in the waters of Alaska. The master and mate so appeared for trial on the 22nd day of August, a.d. 1887, and thereafter from day to day until the !Hh day of September then ne.vt following, when, without having been brought to trial on said char"e, or on any other charge whatever, they were unconditionally released. 8. That hereto annexed, marked "(A)," is a statement showing the value of tiie siiid tteam-schooiior "Anna Beck" at the time of her seizure as above set out, excepting ouly vhathad been consumed in the ordinary course and prosecution of the said voyage ; also of khc outfit, and value thereof, of the " Anna Beck " on said voyage ; also of the amounts paid |br iiisiirnnce ))remiums on the hull, outfit, and cargo of the "Anna Beck" on and during laid vovajje; also of the amount of wages paid to the crew and hunters for said voyage up the time ot said seizure ; also of the fares and expenses of the master and mate from Sitka to Victoria, and of sixteen of the crew of the " Anna Beck" from Fort Simpson to ficUma; and also of the number and value of the seal-skins tal >'n from the said " Anna Jecli " :ifter such seizure at Ounalaska Island. 1). The value placed on the said steam-schooner " Anna Beck," namely, 8,()U() dollars, lis based upon her cost, the order and condition in which she was when seized, and the lvalue of similar vessels at Victoria aforesaid. As stated in the preceding paragi.ipli 3 of ■this declaration, the ''Anna BecK' " was fitted with steam propelling power in a.d. 1880-81, land in a.d. 1883 was rebuilt and raised at a total cost of over 8,000 dollars. At the time lof her i^eizure she was in first-class order and condition, having been thoroughly over- Ihauled and refitted for said voyage, and the value claimed for her, namely, 8,000 dollars, is |a fair and reasonable value for her at the time of hev said seizure. ID. The prices charged in J'ixhibit (A) for the articles, and groups of articles, com- Iprising the outfit of the "Anna 13eck " on said voyage are the market price's at V'ictoria lalbresaid at the time of their purchase for the use and purposes of said voyaiie, and the [price per skin charged for the seal-skins taken from the '• Anna Beck " when seized is the hiiarket price per skin current at Victoria aforesaid at tiie close of the season ot' 1887, Iwlien, in the ordinary course ot events, the catch of the " Anna Beck" would have been I placed on said market. 11. Thiit hereto annexed, marked "(C)," is a statement of the legal and personal lexpenscs at Sitka and elsewhere arising out of the seizure and detention of the •' Aima IBcck," the arrest of her master and mate, and the claims arising therefrom. 12. That hereto annexed, n^arked '•(D)," is a statement ot the estiuiatcd loss and [damage to the owner of the said " Anna Beck," by reason ol her seizure and detention as laforesaid for the years a.d. 1887 and a.d. 1S88. The estimated catch of seals for the Iseason of 1887, namely, 3,150, is calculated upon an average catch per boat and per canoe lof 350 seals, which is a fair and reasonable estimate of the probable catch per boat and Iper canoe for the boat and each of the canoes of the said '' Anna Beck " during the season lof 1887. 13. After the close of tiie sealing season of 1887, and during the following months fof October, November, and December, a.d. 1887, and January, a.d. 1888, had the said Isteam-schuoner " Anna iicek " been in possession of her said owner, she would have been [engaged in the general coasting and freighting trade in and about the coasts of British |Columbia aforesaid, and the reasonable and nrobable earnings of the " Anu.i Beck" for [1281 " X i I li ■ li M I- i 1S4 said inonthR of October, November, December, and Jiuiuary, after deductinp; fW>m the gross amount thereof the cost of wages and running expenses, would be at least 500 dollars per month for each of the said months. 14. In order tha*. the "Anna Ikck " may be repaired and refitted in time to engage in a full season's hi-.ntii>5 and fishing voyage for a.d. 1888, it is necessary that she should be in her owner's possession at ^"icto^ia iiforesaid on or about tiie Ist day of February, A.D. 1 K88. If not at that date at Victoria and in possession of her owner, it will be impossible to put her in tit and proper condition to start out on sitid voynge at or about the usual time, which !.■> on or about the 1st March in each year. Durin<; the summer months there is little for ci vessel of the class and equipment of the " Anna Beck " to do in and about the general coasting trade, and if not engaged in hunting and fishing as aforesaid the season would be practically lost. The claim of 0,000 dollars as probable loss und damage to the owner of the " Anna Beck " if shg is detained after the 1st February, a.d. 1888, is a fair and reasonable estimate of his said loss by reason of such detention, for the season of 1888. 1 5. That hereto annexed, marked " (K)," is a statement of the principal sums on whicli interest is claimed, the rate thereof, and the time from and to which it is so claimed. At the time when the catch of the •' Anna Beck " for 1 887 would have been realized, on or about the Ist October, 1887, the minimum rate of interest on money for commercial purposes at Victoria aforesaid was, has since continued to be, and now is, 7 per cent, per annum. 16. That hereto annexed, marked "(F)," is a statement of the articles of the outfit of the said " Anna Beck," and the value thereof, as given in Exhibit (A), which would have been wholly or almost wholly consumed during the course and prosecution of a full hunting and fishing voyage in the Behring's Sea. And I, James Douglas Warren aforesaid, make this solemn declaration, conscien- tiously believing the same to be true, and by virtue of the " Act respecting Extra-judicial Oaths." (Signed) J. D. WARREN. Declared and affirmed before me at the city of Ottawa, in the County of Carleton and Province of Ontario, this 9th day of December, a.d. 1887, and certified under my official seal. (Signed) D. O'Connoe, Notary Public for Ontario. Exhibit (A) Dol c. Dol. c Value of BteBni-schooner " Anua Beck " at time of seizure by United States' steam-ship ' Richard Hush" on 2nd July, A.D. 1887 .. • • , , • • 8,000 Value of " Anna Beek's " outfit— Oroceries . . , , 876 42 Ammunition 242 60 Dry goods . . • • 95 76 Four iron tanks • • 82 00 Casks 10 00 Ship chandlery , , 240 06 Four No. 10 shot guns • • 160 00 Two rifles . . , , 45 00 Gun implements and tools One sealing-boat and outfit , , 9 00 , , 140 50 £ight canoes and outfit , , 456 00 8 tons salt . . • • 100 00 26 tons coal. . , . • • 175 00 Cooking range and utensils • ■ 76 00 Insurance — Premium on 1,400/. on hull (118/. It. id.) „ 2,000/. on outfit (105/. 13». 4rf.) Wages paid crew and hunters up to time of seizure . . . . Passage and expenses of captain and mate from Sitka, and sixteen of the crew of the "Anna Beck" from Fort Simpson to Victoria . . . . . . . . . . . . 334 seal-skins on board the " Anna Beck " at time of seizure, at 5 dol. 50 c. per skin . . . . . . . . 574 88 514 69 2,727 34 1,089 57 1,111 50 Tout, Sxhibit (A) (Signed) 460 :4 1,837 00 16,225 95 J. D. WARREN. (Signed) D. O'CONNOK, Notary Public. IfiS Exhibit (C). \A'ua\ cxpenup* nt Sitkn in conneotion with tho Helzuro of llic " Annu Bfok'" . Couiixl iiti'l other l(«iil ffe« «ml u«p«nteK in and nhoiit th« oUiinM niUinif from 'iiiil »ci«ni'' •• •• ■•, .,•'. "i' 1 • " I'lMsnnnl i'Xih'iihcb nf tlii" iiwiipr in comioction with snul m-iiuro onil nliiiiiiK , . 'I'otnl Dol. c. 100 no 7ft0 00 'J 50 00 1,100 00 (Signed) (Signed) I). O'Connor, Nolari) Puhlir. J. D. WARREN. lExiiibit (0). — Dam AUKS nriaing from the Seizure and Detention of the "Anna Beck" duriiif? tlic H(!as()ii 1887, bused upon her reasonable and probable Catcli of Seals for that beason. Hoi. c. Kstiiiiuted ciitcli . . • . . • • • • • l,e»» BkiiiH on bonrd wlivii Hciied . . . . . . . . Balance at 6 dol. fiO c. per skin . . . . Lous to owner of " Anna Beck " by reason of her detention after tlie close of the sealinf; seiiion of 1887, nninely. for the months of October, November, and December, \. i), UJH7, and January 1888, during which time the " Annii Beck," if in owner's possession, would hiive been engnKod in ooasting trade : four months nt fiOO dollurs , . . . . . If owner not put in posseuion of " Anna Beck" ou or before Ist Februnry, A. n. 1888, so that she may bo put in (inlernnd con- dition to cnifn^o in flahiug and hunting voyage for 1888, rcnsoiiublo niul probable profit for the season of 1888 3,1,51 1 334 2,816 s lfi.4H8 UO 3,000 UO (Signed) 6,000 00 J. D. WARREN. (Signed) D. O'Connor, Notary Public. cliibit (Fi). — 1<-8TIMATR of the Principal Sums on wliich Interest, at 7 per cent, per annum, is claimed, and the Time lor which said Interest is so claimed. Dol. c. Value ot "Anna Beck's" estimated catch of seals for 1887, about which diitc said catch would have been realized on, namely, 3,160 senl-skins at a ilol. I'lO c. Outlay for legal and other expeuAes prior to 1st October, 1887 . . ri,»2S 00 fieo 54 (Signed) Tofnl principal on which interest nt T per cent. |)er nnniim is claimed from 1st October, IH87, to date of payment . . (Signed) 1). O'Connor, Notan/ Public. 17,885 .14 .1. D. WARREN. Exhibit (F). — Articles of the " Anna Beck's " Outfit, and Value thereof, as found in Exiiibit (A), which would have been wholly, or almost wholly, oonaumed on said Voyage had it not been broken up. (Jroceries Ammunition Dry goods Sliip chandlery 8 tons salt 25 tons coal Insurance Wages.. (Signed) Total value consumed .. ., .. (Signed) D, O'Connor, Notary Public. Dol. e. 876 42 242 60 96 76 240 06 120 00 175 00 1,089 67 .. 1,111 60 .. ■3,960 91 .». D. WARREN. lemo. If the full claim for the sealing season of 1887, as set out in Exhibit (D), be ^llowed, then the amount of this Exhibit, 3,9S0 dol. 91 c, will properly appear as a credit, ad be deducted irom the total of Exhibit (A), of which it forms part. [128] X 2 156 Inclosuie 10 in No. 90. Declaration nfJamas Douglas Wirrrn. City of Ottawii, I'lovince of Ontario, Dominion of Canada. 1, JAMKS DOUGLAS WARREN, of the city of A''ictoria, in the Province of British Columbiii of tho Dominion of Canada, master mariner and ship-owner, do solrmnly and sincerely declari; as lollows : — 1. That I am Uw du^y authorized agent of Thomas H. Cooper, of the city of San Francisco, in the State r,f California, o'.'.e ofriie U;?ited States of America, the owner oftiie hereinafter-mentioned -team-schooner " Dolphin,"' hy power of attorney hearing date the 4th d;:y of N^ovember, a.o. lSS(i. 2. Tliat tiu; said Thomas 11. Cooper is, as I am informed and do verily believe, a liritisii subject by birth, and .lever havinjy renounced his ullegiance I) the Sovereign ot Great Britain. 3. That tiie said steam-schooner '"Dolphin" is a British vessel, built at Victoria afore- said in A.D. 1882, and duly roDistd'ed at the port of Victoria aforesaid. By builder's measure- ment tin- "Dolphin" is 174 .'ons burden. She was substantially built, coppered to above light water-line, and copper-f.istened -hen built, and liad not up to the time of her seizure hereinafter set out sustained any damage or strain beyond ordinary wear and tear. Her steam-power consists of one large steel boiler, put in during the winter of 1884-85, com- pound engines and all the necessary fittings, including inside surface condenser, and also steam fire-pumps and hose, and a double steam cm-go winch. 4. The said steam-schooner " Dolphin " was duly licensed as a passenger-boat, and had all the appliances and conveniences required by Canadian laws for such vessels. 5. That as such agent as aforesaid, 1 am the sole manager of the steam-schooner " Dolphin " for the said Thomas H. Cooper. 6. T.iat on the ICtii day of .May, A.u. 1887, having previously cleared at the port of Victoria .or that purpose, the said " Dolphin " sailed from Victoria on and for a full season's liutiting and fishing voyage in the North Pacific Ocean and Behring's >Sea, and on and for said voyage the crew of tlie "Dolphin " consisted of myself as master, John Reilly infttfl, and crew of thirty-one sailors and hunters. 7. That on the 6th day of July, a.d. 1887, the "Dolphin " entered the said Behring's Sea through the Anmughta Puss, commonly called the ' 172nd Pass," having then on board 590 seals, taken while on the voyage up through the North Pacific Ocean from Victoria aforesaid to Amoughta Pass aforesaid. 8. On the 9th day of said month of .'uly tlie " Dolphin " began catching seals in Behring's Sea, then being in north latitude ;i4° 18', and west longitude 168" 40', and from said 9th day of July until the afternoon of the 12th day of said month of July the " Dolphin '■ eaugh twenty-eight seals in said Behring's Sea. 2. That on f '. f.fternoon of the 12th day of .luly, a.d. 1887, the United State.>' steam-ship " Richai . Rush" seized the said steam-schooner " Doipnin" while lawfully pursu'.ig the objects of said voyi.ge, and then being in nortii latitude 54° 38', and west lonrlcude 167° 3', and about i'l miles from OunalasUa Island, the nearest land, for an alleged violation of tl.e laws of the United States respecting seal-fishing in the water^ of Alaska. Thst wiien said seizure v.-as made the "Dolphin" was lawfully pursuing the objects ,)f said voyage. ^Vhen tlie Commander of the said "Richard Rush" made the said seizure he told me that his instructions were to seize everything he found in the sen, or wo.-ds to teat effect. 10. After seizure ul[ tiic firearms and ammunition on board the " Duiphin " wcie taken on board liie said "Richard Ru^h," a Lieutenant froir the latter placed on board the " Dolphin,'' under whose eonnnand the " Dolphin " was taken to the Illoolook llarbom at Ounalaska Island, in tlic United States' Territory of Alaska. Aite.- arrival there the 618 seai-skins on boanl the '• Dolphin" were, by order of the United Stutes' authorities thereat, taken out and stored. About 2,600 lbs. of salt were also taken out, for resalting tin seal-skins. '^)n tlie 20th day of said July the "Dolphin'' sailed from Illoolook Marbour on Or.iiulaska Island loi' S'tka, in the said Territory of .\laska, where she arrived on the 31st day of said nitmth of July. 11. On arrival at Sitka the "Dolphin" was taken charge of by United States' JViarshal Atkins, of the said Territory of Alaska. As master of the "Doljihiu " 1, with the mate, 'he said .lohn Reilly, were, on the I6di day of August tlu.n next following, taken before a Judge and bound over to appear for trial on the 22n(l day of .August, a,d. lt-'^7, on u charge then read over to U3 of having violated the law of the United States ot !i \ 15/ America resjiecling seal-fisiiiii^' in tlie waiers of Alasle " Dolphm,'" and unless she can be m at out on a regular full sean m of huntiui:^ and fisfains- her owner will practically lose the i)rotits of the season. And I verilv believe that 7,000 dollars ih ■, tair and reasonable estimate of the eainiufts of the '• Dolphin " on such a lull aeason'tt 'in nvmu; and lishin^ voyage. 19. Tliat lierHo annexed, marked " (E)," is a ntm .■m»<'iit of the imncipal sums on which Interest at 7 per cent, per annum is claimed, and tof ;irii« i'or whicr< it is so claimed. At cho time Nvhen the catcii ol the •' Dolphin " for the itea«ou of 1887 ■would, in the ordinary coursp of eveatc, have; been realized on, namelv on cv about the 1st October of that year, the minimuMi rate of interest on money ioi' cow*ii»ercis»f purposes at Victoiia aforesaid was, has continued to be, and now i^, 7 per i;ent. per Mnum 'JO. j'hat liereio ann^'xed, "nrked "(F)," is a 8tate»Vii*int siit^wiittj^ th* various articles, and jjfroups «t articles, compnM!*f .n the outfit of ihe " IX'J^hin, *nrt the ^alue thereof, as given ill Ivxhibit (A), which ^^o•t^l^ have been whollv or rfnuost wholly oonsumed on a full season's htanting and (ishiin; v .• ;«.jje, such as that contenvyiatetl by tlM " Dolphin " in 1H87. And J, Jara«H Doue;las Wainen foresaid, make tins 8ulei«n d««lif«iCion, conscieu- iiiousjy l)elievinff the same to be true, w*^ by virtue of the " Act resp oqjS ttg: K«tra-judicial Oaths." • (Signed) J. li). WARREN. Declared and aliinned before uie at the city of Ottawa, in the County of Csirteton, in the Province of Ontario, this 0th day of December, aj). IH87, and certilii^' under my otficial seal. (Sigiiedj D. O'Connor, Nolary Public for Ontario. E.thibit (A). Dol. c. 0«1. c. Value of stoam-gphooner '• Dolph in " at the time at ber Bewiire. l2,lK)n 01) Outfit— (Jrocoiips . . . . OHd 68 Atiiimmition , , • ■ a ■ •240 ::a Dry (JOO'Jb. . . • • • a9 3U Two iron «-atcr-tiinkeoiiiul-biiiid bout • • • • 7.5 10 One new bout (lotmncd). (I tons salt. . « • 13» IM» 4 1 toil" ooul . . 2I»7 00 Cookini; r:ni(;i' inid utensilH ■ • . • 74 00 Insuinnee — I'rcraititn on 2,00(»A insurance on hull , . . . I'i'ciniuin (III :.'.OO0/, imurimoe on outfit and cargo 821 «> 914 »> \\' 'j/i ■■ puid ('row and Imntcrii on voyngc up to date of seizure . . l'"ari - iiiid (Xpnisos of miistor and mntc, and five of crew, from Sit.' Vicloiin, B. ''. (118 i>('ul->kins on board " Dolphin " when seiied, at 6 dol. 60 r. pur skin Total, Kxliibit (A) .. .. .. (Signed) (Signed) D. O'Connou, Notary Public. to 4,100 711 1.335 99 1,899 5U 300 (10 3,3U9 lilO . . 23,125 2a J. D. WARREN. Ill M\ 159 Exhibit (C). Lc^'iil Fxpi ii-i'i ;it Sitl;.i in cniintclioii with tlic seizuiu and detention of tlio '• Dolphin/' and iirrcst of master and nmto >'.irann'l and other U'j;id fci's and expenses in and about the seizure of the '• l.'olphii!." and the claim a'Tsii'.'j- therefrom ., ,. ,, I'er.'onal expenses of the owner in the same connection, . •Jutal Dol. c. 100 00 760 on 2.50 Oil (SiiJtned) (Signed) 1,100 00 J. D. WARRKN. D. O'CoNNOii, Notary Public. Exiiibit (1)).— KsTiM.VTKi) I.dss and Daniiig-es to the owner oftiio "Dolphin" by reason of her Seizure and JJetention during A.u. 1887. Dol. f. I!ea^(l'lid)lu and probable catch of seal-skins for season 1887 . 4,:JO0 Less number on board when seized .. .• ., 618 I'alance, at 5 dol. 60 e. per skin . . 3,882 — 21,351 00 Keasonahle earniiiijs of the " Dolpliin " dtiring the monthfi of Oetoher, November, and December a.]). 1887, and .Januarj' A.J). 1H88, had .-lie been in owner's possession, vir., four months, at 500 dollars per montli , , . , . . . . , . . . K^timnird loss for sonlinir --eason of 1888, if "Dolphin" not in pofscs- sioii of owner on or before the 1st February, 1888 . . . . Total (Signed) (Jiigiied) 1). O'CoNNOU, l^otary Public. 2,000 00 . . 7,000 00 30,a5i 00 J. D. WARREN. Exhibit (E). — Estimate of the Principal Sums on which Interest at 7 percent, per annum is claimed, and the time for which it is so claimed. Value of the estimated catch of the " Dolphin' for the sea.son of 1887. from the 1st Octocer, 1887, about which time the said catch would have been realized on, vin., '1,500 seal-skins, ut 5 dol. 60 c. Cash expenditure for le};al and other expenses on account of said seizure prior to the 1st October, 1887 ., .. Total principal on wliicb interest at 7 ))er cent, per annum is claimed from the Ist October, 1887, to date of payment of claim Dol. c. 24,750 00 400 00 (Signed) D. O'Conxoe, Notary Public. (Signed) 25,150 00 J. D. WARREN. Inhibit (F).— Valud ot the Articles of the " Dolphin's " Outfit which would have been wholly or almost wholly consumed on a full hunting and sealing voyage. (jroceries Ammunition Dry goods Ship chandlery . . ."Salt . . Coal .. Wages . . . . Insui'ance premiums Dol. c. 985 68 240 •H 220 30 262 03 135 00 287 00 1,809 50 1,335 99 Memo. (Signed) Tot^d value consumed . , . . . • (Signed) D, O'CoNNon, Notary Public. ,. 5,;i74 72 J. D. WARREN. If the lull clai.li for the scaling season of 1887, as set out in Exhibit (D), be allowed, then the amount ot this Exhibit, 5,.374 dol. 72 c, will properly ap[)ear as u credit, and be deducted from the total ot Exhibit (A), of which it forms a part. f '■!■■,; r'f ^1 m ! > 1 ! I: 1 1 i !1 i h M 160 Inclosure 1 1 in No. !H). Declaration of Jainen Douglas Warren, City of Ottawa, Province of Ontario, Dominion of Canada. I, JAMES DOUGLAS WARREN, of the city of Victoria, in tlie Province of Bntisii (/olumbia of the Dominion of Canada, master mariner and ship-owner, do solemnly and sincerely declare as follows : — 1. 1 am the duly authorized agent, under power of attorney bearing date the 23rd day of November, a.d. 1887, in this behalf of the (inn of Gutnian and Frank, of the city of Victoria aforesaid, merchants, the said Gutman bein<; owner of the iiereinafter-mentioned schooner " Alfred Adams," and his partner, tlie said Frank, being equally interested with Gutman in the results of the sealing voyage hereinafter referred to. 2. The said schooner "Alfred Adams" is a British vessel of (J9f tons, registered at Victoria aforesaid. 3. That on or about the last of May, or early in .)une, a.d. 1887, the said schooner "Alfred Adams" sailed from the port of Victoria aforesaid, on a full hunting and sealing voyage in the North Pacific Ocean and Behring's Sea. On or for said voyage the crew of the " Alfred Adams " consisted of William H. Dyer, master, a mate, and crew of twenty-four sailors and hunters, and fully equipped and provisioned. 4. That on the 10th day of July, a.d. 1887, the "Alfred Adams" entered Behring's Sea, and continued therein until the 6th day of August following, when, in north latitude 54° 48', and west longitude 1 G?" 49', then being about 62 miles from Ounalaska Island, the nearest land, and lawfully, as I verily believe, pursuing the objects ot the said voyage, the " Alfred Adams " was seized by the United States' steam-sliip "Richard Rush " for alleged violation of the laws of the United States respecting seal- fishing in the waters of Alaska. 5. That immediately after such seizure the Commander of the " Richard Rush " ordered the seal-skins then on board the "Alfred Adams," and all the firearms and ammunition, and Indian spears on board, to be taken out, and said seal-skins to the num'uei' of 1 ,386, and the firearms, ammunition, and spears, were taken from the said school jr " Alfred Adams," and conveyed to the said United States' steam-ship " Richard Rush." The ship's papers of the " Alfred Adams " were also taken from her by the Commandei of the " Richard Rush," and, as I verily believe, the master and mate of the " Alfred Adams" placed under arrest, though not actually imprisoned. 6. Hereto annexed, marked " (A)," is a statement of articles and value thereof, as claimed by the said Gutman and Frank, which were so taken by the " Alfred Adams." 7. That hereto annexed, marked " (B)," is an estimate of the loss claimed by the aiii Gutman and Frank, as resulting to them by reason of the seizure of the "Alfred Adams," herein set out, and of the legal and personal expenses ineuncd by rcasdii of said seizute and the claims arising therefrom. The price per skin charged for the estimated catch ot the "Alfred Adams" for a lull season, namely, 5 dol. 50 c. per skin, was the current market price per skin at Victoria at the close of the sealing season of 1887. The catch of the " Alfred Adams " for said season is estimated from an average catch per canoe ot 350 seals, the "Alfred Adams ' having on said vnyage ten canoes. 8. That hereto annexed, marked "(E)," is a stal«emcnt of the principal sums on which interest at 7 per cent, per annum is claimed, the rate per cent., and the time from and to which it is so claimed. At the time when the catch of the " Alfred Adams "' lor the season of 1867 would have been, in the ordinary course of events, renlized on, namely, on or about the 1st October, a.d. 1887, the minimum rate of interest on money liir commercial purposes at Victoria aforesaid was 7 per cent, per annum. And 1, James Douglas Warren aforesaid, make this solein.i declaration, con- scientiously believing the same to be true, and by virtue of the "Act respeeliug Extra-judicial Oaths." (Signed) J. D. WAP. REN'. Declared and affirmed before me at the city of Ottawa, in tne County of Carleton and Province of Ontario, this 9th day of December, a.d. 1887, and certitied under n;y official seal. (Signed) D. O'Connou, Notary Public /or Ontario. lei ,'reof, as which and tn lor the iK'ly, on uy lor 11, con- sperliDg Exhibit (A).— Statement of the Articles, and the Value tlieieof, taken from the Schooner "Alfred Adams" by the United Slates' Steain-shiji "Richard Rush," in Behring's Sea, the 6th August, 1887. Do', c. 1,380 sc'iil-skiiiB, n'. 6(iol. &0c. per skin ,. .. .. .. 7,623 00 Four ki'gs of jiDwder at 10 dollars SCO shells . . Tliri'O ciihos caps nnd priiiK'iH ,. Nine biceeh-loadinn shot guns ,. .. .. Oni! Winchester rillo ,. .. .. ,, Twelve Indian spears , . . , , . . . Total value token 40 00 60 00 HO 00 45u 00 25 00 48 00 (Signed) (Signed) D. O'Connor, Notary Public. 8.306 00 J. D. WARREN. Exhibit (B). — Loss to the Owner of the "Alfred Adams" by reason of her being forced to leave Behring's Sea and return to Victoria, British Columbia. Reasonable and probable catch of seals by the " Alfred Adams " fur the season of 1887 .. .. .. .. .. 3,500 Less number on board when seized, and c'i:irged in Exhibit (A) . . 1,386 Dol. c. Balance, at 5 dol. 50 c. per skin .. 2,114 - 11,627 00 Dol. c. liCgal expenses in connection with the claims arising from said seizure 300 00 Fi'rsonal expenses in the same connection .. ,. ., 290 00 600 00 Total (Signed) (Signed) D. O'CoNNOK, Notary Public. .. 12,127 00 J. D. WARREN. Exhibit (E). — Principal Sun) on which Interest at 7 per cent, per annum is claimed, and the Time for which it is so claimed. Dol. c. Value of the probable catch of the "Alfred Adams" for season of 1887, from the Ist October, 1887, on or about wiiich dote said catch would have been realized on, viz., 3 500 seal-skins, nt >j dol. 50 c. ,. ., .. 19,250 00 Total sum on which interest at 7 per cciii. per alinuin is claimed, from the 1st Outober, 1837, until time of payment .. .. .. ., 19,250 00 (Signed) J. D. WARREN. (Signed) D. O'Connor, Notary Public. Inclosure 12 in No. 00. Declaration of James Douglas Warren, City of Ottawa, Province of Ontario Dominion of Canada. I, JAMES DOUGLAS WARREN, of the city of Victoria, in the Province of British Columbia of the Dominion of Canada, master mariner and ship-owner, do solemnly and sincerely declare as follows : — 1. That I am the duly authori/.ed agent, under power of attorney bearing date the 25tli day of November, A.u. 1887, of .James J. Gray, of the said city of Victoria, ship- owner, and owner of the hereinafter-mentioned schooner " Ada." 2. That the said schooner " Ada " is u British vessel of 6.') tons, registered at the port of Shanghae, und was. at the time of her seizure hereinafter set out, .'5 years old. 3. That on or about the 16th day of June, A.D, 1837, the said schooner "Ada" cleared nt the port of Victoria aforesaid, on and for a full hunting and fishing voyage in the North Paciric Ocean and Behring's Sea. For said voyage tbr crew of the " Ada " [128] y i^-^ P^i ;> f 1^1; I ' ' i- 1 ; H ! ' K . 1 ffi: 1 B ' ■It 1 f 1 m ll iii i HI' » I Mil 1 I 162 consisted of James Gaudin, master, a mate, and twenty sailors and hunters, with two scnling-bonts and seven canoes, and fully equipped and provisioned for such voyage. 4. 'I'he "Ada" entered Behrinp's Sea on or about the Hitli day of July, A.i). 1887, and contiruied therein lawfully pursuing the objects of her voyage until the iSth day of August then next following, when, wliile so lawfully pursuing the objects ot her voyage in said sea about 15 miles northward from Ounalaska Island, wliicli said island was the nearest land, the said schooner was seized by tlie United States' steam-ship " Uear," and taken to Illoolook Harbour at said Ounalaska Island, in the United States' Territory of Alaska, and her voyage completely broker u]). o. At the time of said seizure the "Ada" had on board 1,876 seal-skins, which upon arrival at Illoolook Harbour aforesaid were taken from on board the "Ada "and stored on shore, after which, by order ol' the United States' authorities, the "Ada" was taken to Sitka, in said Territory of Alaska, together with the master, mate, and crew. G. That the said " Ada" arrived at Sitka on the 6th day of September, a.d. 1887, and on the 9th day of the said month her master and mate were, without being tried for any offence whatever, unconditionally released, but the " Ada" kept at Sitka, where she still .emains. 7. That hereto annexed, marked " (A)," is a statement showing the value of the " Ada " at the time of her said said seizure, and the value of her outfit on and for said voyage, also of the number and value of the seal-skins taken from the "Ada" when seized, and also of the expenses of the muster and mate of the " Ada " in returning from Victoria to Sitka. 8. The value placed on the "Ada" by her said owner at time of seizure, namely, 7,000 dollars, is a fair and reasonable value for the " Ada " when seized. She is a substantially built craft in every respect, and is one of the best sailing-vessels engaged in the scaling trade. The value of the " Ada's " outfit given in said Exhibit, namely, 2,500 dollars, is less th:tn that of any of the other seized vessels from the fact that the "Ada's" hunters were mostly Indians, whose canoes and outfits were returned after such seizure, and said outfit not including wages. 9. The price charged for the seal-skins taken from the "Ada "when seized is Hie current market price of seal-skins at Victoria at the close of the sealing season of 1887. 10. That the Exhibit (C), hereto annexed, shows the legal and personal expenses incurred by the owner of the "Ada" by reason of the seizure and detention of the said schooner "Ada," and the arrest and detention of the master imd mate, and the claims arising therefrom. 11. That Exhibit (D), hereto annexed, is i staten)ent of the estimated kss and damage to the owner of said schooner " Ada" by reason of her said seizure and detention during 1887, and tlie loss for 1888 it she is detained beyond the 1st February, 1888. 12. The claim of 1,000 se.il-skins as the probable addhional catch of the "Ada" for the balance of the scaling season, had sin: not been seized, is a fair and reasonable estiniate, and with her actual catch, makin:; a total for the season of 2,876, which, as she carried two hiiiits, seven canoes, and twenty hunters, cannot be considered an excessive estimate. 13. Dnrin,": the months of October, November, December, and January following the close of the sealing season, or the greater Tuart thereof, had the " Ada " been in her owner's possession, she would have bctii engagetl in the general coasting and freighting trade on and about the coasts of British ('olimd)ia, and the fair and reasonable earnings of the " Ada " during said nmnths, after deducting from the gross amount thereof the cost of wages and lunning expenses, would be at least .'jOO dollars per month. 11'. In east; ihe " Ada " be imt delivered into her owner's possession at Victoria on or before the 1st day of K( necessary lepaiis and lefittiu: !)ruary, a.d. 1888, it will be impossible fo her the in time to start out at the usual date, about the 1st Mareii, on a full season's hunting and fishing. As during tlie summer months there is little coasting and freighting trade in which the " Ada" could be eniploy.-d, her owner would, in the event of her not being ready in time for a regular hunting and fishing voyage, practically lose the greater part of the season, and the earnings of the "Ada" for such lull season, alter deducting therefrom the cost of outfit, wages, and other running expenses, would be at least, under eireuuistances, 0,000 dollars. 1 T). Tliiit hen to annexed, marked " (E)," is a statement of the principal sums on which interest at 7 per cent, is claimed, and the time from and to wh'cli it is so claimed. At the elosi' of the sealing season of 1887, when the catch of the "Ada," in the ordinary course of events, would have been realized on, the minimu n rate of interest on money for commercial iiurposcs was, has continued to be, and now is, 7 per cent, per annum. And I, James Douglas Warren aforesaid, make this solemn declaration, conscientiously ■M 163 believing the same to be true, and bv virtue of the " Act respecting Rxtra-iudicial Oaths." (Signed) J. D. WAHllEN. Declared and affirmed before me at the city of Ottawa, in the County of Carleton and Province of Ontario, this 9th day of December, a.d. 1887, and certified under my official seal. (Signed) D. O'Connor, Notary Public for Ontario. ,')':§ Is-: ' Exhibit (A). Valuu of tliu scliooiKT " Adii" nt the timo of her seizure by the United Staten' stenin-shiii "Bcnr," tlie 25tli August, 1887 .. Value of " Ada's" outfit at tlio snmo time Value of seal-skins on liouril M seizure, viz., 1,876 skins, nt 5 ilol. 50 c. per skin .. Passage and expenses of master of " Ada " from Sitka to Victoria . . Total, Exhibit (A) (Signed) (Signed) D. O'CoNNOii, Nolan/ Public. Dol. c. 7,000 00 2,500 00 10,.'iI8 00 100 00 19,1118 00 J. D. WARHEN. Exhibit (C). Lej»al expenses nt Sitka in connection with said seizure . , , . Counsel and other legal fees and expenses, exclusive of the above, in reference to tlie seizure and claims arising therefrom . . Porsonal expenses of the owner in the same connection , . . . , , Dol. 0. 100 00 750 00 250 00 (Signed) Total.. (Signed) D. O'Connor, Notary Public. 1,100 00 J. D. WARREN. Exhibit (D). Estimated additional catch of seal-skins by schooner "Ada ' had she not been seized, viz. : 1,000 skins, at 5 dol. 50 c. Loss to owner of " Ada " by reason of her detention during the months of October, November, and December a.d. 1887, and January 1888, during which she would have been engaged iu the coasting trade, namely, four mouths, at 500 dollars each IV owner not put in possession of " Ada" on or before the 1st February, 1888, 80 that she maybe fitted out for hunting and fishing voyage of 1888, reasonable and probable profit on season of 1888 .. ., (Signed) Total, Exhibit (D) (Signed) D. O'Connor, Notary Public. Dol. e. 5,.'iOO 00 2,000 00 (5,000 00 13,500 00 .1. D. WARREN. Exliibit (E). — Principal Sums on which Interest is claimed at 7 per cent, per annum, and the Time for which it is so claimed. Dol. e. Value of the proliable full catch uf "Ada" for season of 18H7, viz., 2,87(1 skins, nt 5 dol. 50 c. .. .. .. .. .. .. 16,818 00 Cash outlay prior to the 1st October, 1887 .. .. .. .. 200 00 Total principal ou which interest at 7 ])er cent, per annum is claimed, from the Ist October, 1887, to date of payment .. .. .. . 10,018 00 (Signed) (Signed) 1). O'Connor, Notary Public. J. D. WARREN. [128] Y 2 ; 'i; ,1 :;.;.j.: MH : 1^4 No. 91. Colonial Office to Foreign Office. — {Received February 3.) Sir, Downing Street, February 3, 1888. WITH reference to previous correspondsnce respecting the British sealin;;-vessels seized in Behring's Sea, I am directed by the Secretary of State for the Colonies to transmit to you, to be laid before the Marquis of Salisbury, a copy of a despatch from the Governor-General of Canada, reporting that orders have been issued by the United States' Government for the return to their owners of the vessels "Onward," "Thornton," and " Carolina," seized in 1 886. I am, &c. (Signed) ROBERT G. W. HERBERT. Inclosure 1 in No. 91. ifa II' !1P I The Marquis of Lansdowne to Sir H. Holland. Sir, Government House, Ottawa, January 19, 1888, IN reference to my former despatches upon the subject of the seizure of Canadian sealing-vessels during the years 1886-87 by United States' cruziers for fishing in Behring's Sea, I have the honour to report that my Minister of Marine and Fisheries has received from the Customs authorities at Victoria an intimation addressed by the United States' Marshal at Sitka to Mr. Spring, the owner of the "Onward," one of the three vessels seized in 188(), to the effect that that vessel, as well as the "Thornton " and "Carolina," with their tackle, apparel, and furniture, as they now lie in the harbour of Ounalaska, arc to be restored to their owners. A copy of this intimation is inclosed herewith. 2. The information received by my Minister is to the effect that the condition of these three vessels, owing to the length of time during which they have been lying on the shore, is now such as to render it questionable whether they could, under present circum- stances, be repaired and removed with advantage. The difficulty of doing this would be increased, from tliefact that the vessels have been released at a season of the year in which, owing to the great distance between Victoria and Ounalaska, it would be scarcely possible for the owners to fit out steamers for the purpose of going up to Ounalaska to repair their vessels and bring them home. 3. I also inclose herewith copy of an extract from an American newspaper (the name and date of publication are not given), from which it would appear that the District Judge has made an order for the sale of the arms and ammunition taken from the three schooners in question upon the supposed ground that, as the instructions sent by the United States' Government to Sitka for the liberation of the vessels made no mention of the arms and ammunition on board of them, the Court concluded that these should be confiscated and sold. It would seem from the same extract that the remaining vessels held in Alaska are not included in the order sent by the United States' Government for the release of the " Thornton," " Carolina," and " Onward," and arc therefore likely to be confiscated and sold with their contents and e(|uitment. 5. I have already dwelt at sufficient length upon the extent of the hardships involved to the crews and the owners of these vessels by the action of the United States' Govern- ment, and I will only, upon the present occasion, remind you that another fishing season is approaching, and that, as far as my Government is aware, no declaration has been made by that of the United States in regard to the policy which it intends to adopt during the course of the year which has just commenced. I nave &c* (Signed) ' LANSDOWNE. iMi! Inclosure 2 in No. 91. Mr. B. Atkins to Mr. C. Spring. Office of United Slates' Marshal, Sitka, District of Alaska, December 5, 18s7. 1 TAKE pleasure in inforiuing you and other owners of the schooners seized in the Behring's Sea by United States' steamer " Corwin," that I am in receipt of orders from Sir, I i' 168 Washington to restore to their owners the schooners "Onward," "Thornton," and "Carolina," their tackle, apparel, and furniture, as they now lie in the harbour of Ounalaska. Orders for their release have been forwarded to their custodian at Ounalaska. Very respectfully, (Signed) BARTON ATKINS, United States' Marshal, District of Alaska. Inclosure 3 in No. 91. Extract from American Newspaper {name and date unknown). Alaska News. — Judge Dawson has made an order for the sale, at Juneau, of the arms and ammunition taken from the British schooners "Thornton," " Carolina," and "Onward," captured last year by the " Corwin." Attorney- General Garland sent instruc- tions to Sitka to have the three vessels liberated, but, as he made no mention of the arms and ammunition, the Court concluded that they must be sold, and gave directions accordingly. The Marshal has further been authorized to sell the schooner " W. P. Sayward " (British), and the " Alpha," " Kate," and " Anna," and "Sylvia Handy" (American), together with their boats, tackle, and furniture. By stipulation entered into last September between Mr. Delaney, acting for the United States, and Mr. Drake, Q.C., representing the Canadian Government, the remaining l^ritish schooners cannot be sold until the expiration of three months from the Uth January next, and then only by the District Attorney giving the owners ninety days' notice. Application granted : — In the cases of the schooners " Lily L.," W. P. Sayward," " Annie," " AUie J. Alger," "Alpha," "Kate and Anna," and "Sylvia Handy," an application made by Attorney W. Clark, counsel for the owners, for leave to appeal to the Supreme Court of the United Slates, was granted. A motion presented by the same attorney for a stay of proceedings for three montiis in the cases of the " W. P. Sayward," "Alpha," " Kate and Anna," and "Sylvia Handy," was refused by the Court, on the ground that the owners had ample time in which to prepare for their appeals, and it was entirely their own fault if they had not done so. .it No. 92. Colonial Office lo Foreiyn Office. — (Received February 13.) (Extract.) Downing Street, February 13, 1888. WITH reference to previous correspondence respecting the claims of British subjects ngainst the Government of the United States arising out of the seizure of or interference with certain sealing vessels in the Behring's Sea, t am directed by Secretary Sir Henry Holland to transmit to you, to be laid before Lord Salisbury, copies of two furtlier despatches from the Governor-General relating to further claims in the eases of the vessels "Thornton," "Carolina," and "Onward," and of the vessels "Dolphin," "W. P. Sayward," "Anna Beck," " Grace," and "Ada." Inclosure 1 in No. 92. The Marquis of Lansdoivne to Sir H. Holland. Sir, Government House, Ottawa, January 90, 1888. WITH reference to my despatches of the 2nd and 23rd December last, transmitting revised statements of the claims of the owners of the " Thornton," " Carolina," and "Onward," seized in Behring's Sea during the season of 1886 by the United States' Revenue cutter "Corwin," 1 have the honour to forward herewith, for presentation to the United States' Government, a copy of an approved Report of a Committee of the Privy Council, submitting a revised statement of the claims of the masters and mates of the above-mentioned vessels. My Minister of Murine and Fisheries considers that these revised claims are Just ir 1:1 it N 1 li 1 [i If: ; I- i f' !ii .'n a lfi6 and reasonable, and expresses the hope tliiit prompt reparation may be made to those persons for the sutierini^s anil losses they have sustained. I have, &c. (Signed) LANSDOWNE. Inclosurc 2 in No. 92, Report of a Committee of t lie Honourable the Prlrii Council for Canada, approved by his Excellency the Governor-General In Council, January Vl, 1888. ON a Report dated 5th January, 1888, from the Minister of Marine and Fisheries, statiiif?, wit!) reference to the Minute i . 'ouncil of the 3rd January, 1887, tran-^mittiiii^ ciuimsofthc owners, masters, and mntct, nthe sealing-schooncrs "Thornton," "Carolina," and " Onward," which were seized in tlie Behring's Sea in August, 1886, by the United States' rcvenuc-cnttcv "Corwiii," and the despatch from tlu; Secretary of State for tlio Colonics, dated 14th Septeinbcr, 1887, rctin'ning these for revision, as well as to the Minutes of Council of the 29th November and 20th December, 1887, transmitting the revised claims of the schooners "Tliurnton" and "Carolina" and of the "Onward" respectively, so far as the owners are concerned, that, tlic personal claims for illegal arrcit and imprisonment of the masters and mates of the above-mentioned vessels having been referred back to tlie parties interested, tiiey have consented to accept a reduction of one- half the original claim as submitted : They would therefore be as follows : — Scliooiior " Tlioiiitoii " — Hums OuUcrmscn, niiistcr Ilcni'v Normiiu, mate Scliooiior " Cnrolina " — James Ogilvic, master James Black, mate Schooner " Onward" — Daniel Miinroc, master lolin Margotich, mate Dol. 0. 4,000 00 2,.'J00 00 2,500 00 2,500 00 4,000 00 2,500 00 'I'hc Minister, believing these rcvisetl claims to be just and reasonable, recommends (hat they be I'orwarded for presentation to the United Slates' Government, and expresses the hope tluit prompt reparation may be made to those persons for the sufferings and losses they have sustained. The Committee advise that your Excellency he moved to forward the claims herein mentioned to the Right Honourable the Secretary of State for the Colonies, for transniissiuii to the United States' Government. All which is respectfully submitted for youv Excelleuey's approval. (Signed) JOHN J. McGEE, Clerk, Privy Council. Inclosure 3 in No. 92. The Marquis of Lansdowne to Sir H. Holland. %; Government House, Ottaim, January 18, 1888. WITH reference to my despatch of the 5th instant, transmitting detailed statements i)f the claims of the owners and agents of the Canadian sealing-vessels seized in Behring's Sea during the past season, I have the honour to forward herewith a copy of an approved Report of the Committee of the Privy ('ouneil, submitting the personal claims of the masters and mates of the " Dolphin," " W. P. Sayward," " Anna Beck," " Grace," and "Ada." My Minister of Marine and Fisheries is of o|)inion that the claims submitted arc just and reasonable, and recommends that they be presented to the United States' Government with the hope that prompt reparation may be made to these persons for the sufferings and losses they have sustained. I have, &c. (Signed) LANSDOWNE. \H7 Iiiclosure 4 in No. 92. Tirpnrt of (I ('nmmUtpf of the Honournhh the Prl'-i/ Council, approved bi/ lii.i lincellency the Ciovfnior-Opiieml in Cnunril, Junuani 12, IS8S, ON a R('i)oil, fliitrd the 2ntli Dcremlior, 1H87, from the Minister of Marine nnd Fisiierios, siihniitfiii;;, in conncc'lon witii tin- seizures of Canaiiian seaiintj-vessels in lk'liniii,''s Sea (Inline; the scaso'.s of 1SS(i and 1SS7, the personal ciniina of tiie lollowinj,' innsfei s and mates of the sciz-ed vessels ; — Scliooiipr '■' llolphiii" — WiuTcii, ciipliiin ,, Jolin Kcilly, niaU'. , Schooiu'v " W. P. Suywaid" — Geo. K. Ferey, oni)tnin , A. D. Lninij;, nmtu Schooner " Anna licck " — liouis Olson, ciiptaiii Miohnol Keefc, miito Scliouncr " Grace " — AVm. Petit, ciiptiiiii Schooner " Ada " — Charles A. Liuulberg, mute Dol. p. 2,1!.'!.'; no 1,000 00 2,0(10 00 1,000 00 2,000 00 1,000 00 2,000 00 2,000 00 The Minister believes that these claims are just and reasonable, and rcconmiends that they be forwarded to Her Majesty's Government for presentation to the Government of the United Stales, and he expresses the hope that prompt reparation may bo made to these persons for the suffcriiiifs and losses they have sustained. The Conmiittee advise tliat your Exeellency be moved to forward the claims herein mentioned to the Right Honourable the Secretary of State for the Colonies, for transmission totl 2 United States' Government. All which is respectfullv submitted for your Excellencv's approval. (Signed) .JOHN J. McGKK, Clerk, Privy Council. '■iin Declaration, City of Ottawa, Province of Ontario, Dominion of Canada. I, James Douglas Warren, of the city of Victoria, in the Province of British Columbia of the Dominion of Canada, master mariner and ship-owner, do solemnly and sincerely declare as follows : — 1. That I was master of the British steam-schooner "Dolphin," of Victoria afore- said, on the 12tb day of July, a.d. 1887, the said schooner on that day being in that jjait of the North Pacific Ocean called Behring's Sea, lawfully engaged in seal-lisliing, 2. That on the said 12th day of July, A.n. 1887, the said steam-schooner "Dolphin " was seized by the United States' steam-shi|) " Richard Rush," and I was made a |)risouer and taken on board of the said steam-ship " Richard Rush " with the ship's papers of the said "Dolphin." ?). That shortly afterwards on the same day I was sent baek on board the " l)()i|)hin," wliieii, in command of an officer from the said " Richard Hush," was taken to Ounalaska Island, in the United States' territory of .Maska, from \\hi(!li place u lew days after 1 was sent — with the said steam-schooner " Dolphin," in command of an officer from the said "Richard Rush" — to Sitka, in the said territory of Alaska. On arrival at Sitka 1 was handed over to the United States' Marshal of the territory of Alaska, in whose custody I remained from the 1st day oi' August, A.». 18S7, until the I'ith day ol' August instant, when I was taken '.'fore the United States' District Court at Sitka, formally charged with having violated tiie law'S of the United States relating to seal fishing in the waters of Alaska, and upon my ow:i recognizance of 500 dollars released to appear for trial on said charge on the 22n,l day of August then instant, and to ap[)car from day to day thereafter until I should be su trici'. I did so appear or. tl.e days so ordered until the 9th day of September following, when, without so being tried on said charge, or any other charge or offence whatever, I was unconditionally released by order of the Judge of said Court, and for the said illegal arrest and imprisonment I claimed as damages the sum of 2,000 dollars. 4. That at the same time I was arrested, as aforesaid, one John lleilly was mate of the said steam-schooner "Dolphin," and I am the duly authorized agent in this behalf of the said John lleilly, mate of the said " Dolphin." 5. The said John Reilly was arrested, taken to Onnaln.ska, thence to Sitka, delivered P I ■-;\^^ .^.^^Tc* IMAGE EVALUATION TEST TARGET (MT-S) 4 2 = I^|2j8 12.5 ■^ Uii 12.2 S lis IM iiiii^ im 1.25 jU|,.6 %,_ 0>i '7^ ^;. .^^>.> %:"r / ^ '/ Photographic Sciences Corporation S3 WIST WA*"^? STP'-IT WEBSTiR.N.Y. \»:.^\, (716) •72-4S03 ■1>^ \ ^ iV \\ ^v ^^^' ' i\ '^ . f 168 into tlic custody of the United States' Marslial of Alaska, arraigned, allowed bail, an'i finally released at the sanie place, time, and manner in which I was, as set out in the declj ■ ration, und the said John Rcilly, by me, his duly authorized agent in this behalf, clair,.s 1,000 dollars as damages for said illegal arrest and detention. (}. That after arrival of said steam-schooner " Dolphin " at Ounalaska aforesaid, after her seizure, I agreed with the Commander of the said " Kichard Rush " to navigate the said " Dolphin " from Ounalaska to Sitka, for which purpose I engaged the crew on board the '• Dolphin " after seizure, agreeing to pay them their ordinary wages therefor. I did so navigate the said " Dolphin from Ounalaska to Sitka with tne said crew, but I have never been paid therefor, nor have the said crew been paid the wages promised and agreed to be paid tliem therefor. The said trip from Ounalaska to Sitka took about fifteen days, and the amount due me for said services for myself and crew amount to 160 dollars, which said sum I hereby claim as justly due me for such services. 7. That at the time I agreed with the said Commander of the " Richard Rush " to navigate the said " Dolphin " from Ounalaska to Sitka I also agreed to furnish officers and crews to navigate the screw-schooners " Grace " and " Anna Beck " from Ounalaska to Sitka. I did so provide for their navigation from and to said places, and agreed to pay their said officers and crew ordinary wages for their services in so doing. The " Grace " and "Anna Beck" were so taken from Ounalaska to Sitka; the voyage took about fifteen days, and the amount due to muster and mates and crew therefore 160 dollars for each of the said vessels " Grace " and " Anna Beck," and I claim therefore 320 dollars for said services. I also claim 1C5 dollars for similar services in navigating the schooner " W. P. Sayward," by her master and crew, from Ounalaska to Sitka. The said schooner " W. P. Sayward " and stcam-scliooners " Grace," " Dolphin," and " Anna Beck " are still at Sitka, and are about one-half the distance from Victoria they were when at Ounalaska, and can be got at any time of the year, while, had they remained at Ounalaska, they could only have been reached during the summer mouths, and then at a cost two or three times as great as now. 8. That I am the duly authorized agent of the owner of and manager of the said schooner " W. P. Say ward " and of the said steam-schooners " Grace," "Dolphin," and " Anna Beck." And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the Act respecting extra-judicial oaths. (Signed) J. D. WARREN. Declared and affirmed before me at the city of Ottawa, in the County of Carlcton ciui Province of Ontario, this 9th day of December a.d. 1887, and certified under my offi seal. (Signed) D, O'Connor, Notary Public for Ontario, I Exhibit (A.) James I). Worrell's vluiiii tor illegal arrest . • • • • • > < John Reillv's clnini for illegal arrost James D. barren's claim for navigating steam -scliooncr " Dolphin " from Ouna- laska to Sitkn . . . . . . . . . . . . James D. Warren's claim for navigating stuam-schuoners " Grace " and " Anno Hock " James D. Warreu'n claim for navigating steam-schooner " W. P. Sayward" Total .. .. .. .• •• .. (Signed) (Signed) D. O'Connor, Notary Public. Del. c. 2,000 00 1,000 00 ICO 00 .120 00 155 00 .. 3,635 00 J. D. WARREN. ! ? ! Damugut claimed by George R. Ferey, Master of the schooner •' \V. P. Say ward, " for illegal arrest and detention en board the United States' steam-ship " Rush," and at Sitka, from July 'J to September 10, 1887. British Coluuibia, to wit. I, GEORGE U. FEREY, of Victoria, in the Province of British Columbia, Dominion of Cannda, ninster mariner, and master of the schooner " W. P. Saywarl," solemnly and sincerely declare as follows : — 169 1. That I was on the 9th July, 1SS7, master of the schooner " W. P. Sayward"; at tiiat (inte the sitid schooner was in the Bchrins^'s Sea. 2. 'I'hat on the said 9th July the said sciiooncr '•' W. P. Sayward" was seized by the United States' sleain-ship " Rush," and I was made u prisoner and taken on hoard the said steam-shi|) " Husli " with the papers of tlic said schooner " W. P. Sayward." 3. The Captain of the said stoam-ship " Rush " tohl me I was in his charge, and must obey his oivlcrs ; lie sent me bacl* to tiie jaid schooner " VV. P. Sayward," made her last to the " llusii,'' and towed her to Ounaiasiia, from which place we were distant at time of said seizure about 80 miles. 4. When 1 arrived at Uunalaska aforesaid 1 was j;iven into the charge of a Deputy United States' Marsha!, and next day I, in tin- said schooner " W. P. Sayward," in charge of a Deputy Marshal, w"^ sent on my way to Sitka, where 1 arrived on the 22nd July, and was tiiere delivered into the custody of th'; Unite! States Marshal. 5. That on the 23rd July i was brought before Judge Dawson, the Judge of the District Court at Sitka, and placed under bond of 50!) dollars to appear before the said District Court on the 22nd August, lb87. 1 had to remain at Sitka from the said 23rJ July, and on tlie 22nd August, 1887, 1 appeared before the said District Court, and so on fiDin day to day until the 10th September, when Judge Dawson aforesaid discharged me, stating he had received instructions from Washington to release all parties connected ttitli the seized sealers, G. I claim as damages for my said illegal arrest and detention the sum of 2,000 ilo!!ars. 7. And I make this solemn declaration, conscientiously believing the same to be true, and bv virtue of the "Oaths Ordinance, 1869." (Signed) GKORGB R. FKRKY. Declared bcibre inc at Victoria, this '2nd Novf^mber, 1887, in |)ursuancc of the Oaths Ordinance, )8G9. (Signed) Chas. K. Poolev, Notanj Public, Victoria, British Columbui. |i/':H «;«»! Declaration, City cf Ottawa, Province of Ontario, Dominion of Canada. • 1, James Douglas Warren, of the city of Victoria, in the Province of British Colund)ia, (ii tlie Dominion of Canada, master mariner and ship-owner, do solemnly and sincerely declare as follows: — 1 . That I am the duly authorized agent in this behalf of Andi-ew D. Laing, of the city of Victoria albrcsaid, mate and partner of the British schooner " W. P. Sayward," as the time of her seizure as stated herein. 2. That on the »Jth July, a.d. 1887, the said schooner " W. P. Sayward," while in liclning's Sea, in north latitude 54° 43', and west longitude 167° 51', and lawfully engaged in scaling, she was seized by the United States' steam-ship " Richard Rush," and the said .Andrew D. Laing, mate of the said schooner " W. P. Sayward," was then placed under arrest by an olticer of and from the said '* Richard Rush." 3. That, by authority of the Commander of the said " Richard Rush," the said mate was taken first to Ounalaska Island, in the United States' Territory of Alaska, and thence to Sitka, in said Territory of Alaska, and there arraigned for trial on the 22nd August, 1887, being admitted to bail in the meantime. The said Andrew D. Laing pleaded "not guilty" to the charge preferred against him, namel), that of violating the laws of the United States respecting seal fishing in the waters of Alaska, and appeared on the said 22nd August for trial, and from day to day thereafter until the 9th September following, when without liaving been tried on said charge, or for any offence whatever, he was unconditionally released. 4. And the said Andrew D. Laing, by me, his duly authorized agent in this behalf, claims 1,000 dollars as damages for such illegal arrest. And 1, James Douglas Wavren aforesaid, make this solemn declaration, conscientiously believing the same to be true, and by virtue of the '■ Act resjiecting extra-judicial oaths." (Signed) J. D. WARREN. Declared and nilirmed before me, at the city of Ottawa, in the county of Carleton and I'rovince of Ontario, this Uth December, 1887, and certified under my olllcial seal. (Signed) J. M. \lKi.DMV.ion, Notary Public for Ontario. ,,, ; [1-28] S 'HI ■ f'-iU i I' u I , 170 Declaration. City of Ottawa, Province (if Or >rio, Dominion of Canada. I, James Douglas Warren, dI ilic city of \'icloria, in tlie I'rovince of Uritish Colunibia, of the Dominion of ('anatlsi, do solemnly and sincerely declare as follows: — 1. That I am the duly autiiorized itcrent of Louis Olsen, of the said city of Victoria, in this behalf, master mariner, and master of the steam-schooner " Anna Beck " at the time hereinafter mentioned. 2. That on the 2nd July, a.u. 1887, the said "Anna Beck," while in Bchrinjt's Sea in north latitude .'i4'. 58' ami west lonj^itude 167° 26', and lawfully engaged in seal fishing', was seized by the Uniccd States' steaui-shij) " Richard Rush," and the said Louis Olsen, as master thereof, made prisoner by an officer of and from said steam-siiip "Richard Rush." 3. An armed crew from the said "Richard Rush" took charge of the said "Ann:i Beck," and took her and her crew to Ounalaska, in the Territory of Alaska. The said Louis Olson was kept in custody at Ounalaska until the .')th day of said July, when ho was sent as a prisoner to 8itka, in the said Territory of Alaska, on board the American schooner " Challenge," in charge of an officer from tlic said " Richard Rush." 4. After his arrival at Sitka the said master of the " Anna Beck " was arraigned before a Judge of the District Court on a charge of having violated the laws of the United States respecting seal fishing in the waters of Alaska. He pleaded " not guilty " to said charite, and was ordered to appear for trial on the 22nd day of August then instant, and therta'ter from day to day until so tried, in the meantime being allowed out on bail on his own le'.oguizance for 600 dollars. He so appeared for trial on the said 22n(l day of August and day by day thereafter, until the 9th day of September following, when, witliout being so tried on said charge or any other charge whatever, he was unconditionally released, and the said Louis Olsen, by me, his agent in his behalf, claims 2,000 dollars as damuges for such illegal arrest and detention. And I, James Douglas Warren aforesaid, make this solemn declaration, conscientiously believing the same to be true, and bv virtue of the "Act respecting extra-judicial oaths." (Signed) " J. b. WARREN. Declared and affirmed l)efore me, at the city of Ottawa, in the county of Carleton, this 9th day of December, a.v. 1887, and certified under my official seal. (Signed) J. M. l?ALDi!asoN, Notary Public for Ontario. Sir, Liniijlei/ iilreet, Victoria, B.C., November 30, 1887. We have the lionour to forward herewith the claim of Mr. Michael Keefe against ti:e American Govermnent for damages for illegal arrest and detention by the American sleani- ship " Rush " while he was acting as mate of the steam-vessel " Anna Beck." We have, &c. (Signed) DAVIE and POOLEY, Barristers, S;c. The Hon. the Minister of Marine and Fisheries, Ottawa. : } V Damuyes claimed by Michuel Weefc, Mule of the Steam-resgel "Anna Beck," for Ulajal arrest and detention by the United Ulales' Steam-ship " Rush," and at Sitka, from July 20 to September 10, 1887. British Columbia, to wit. I, Michael Keefe, of Victoria, in the province of British Columbia, master mariner, and chief male of the steam-vessel "Anna Beik," solennUy and sincerely declare as follows :— 1. That, 1 was on the 2nd day ot July 1S87 chief mate of the steam-vessel "Anna Beck ;" at that date the said steam-vessel was in the Behring's Sea engaged in seal-fisliin^ 2. That on the said 2nd day of July the said steam-vessel "Anna Beck" was seized by the Uniteil States' steam-ship " Rush," ar.ii I was made a prisoner and taken on board the said steam-ship '• Anna l?eck," in charge of an armed crew from the said stea.n-siiiji "Rush," to Ounalaska, where we arrived on tiie 3rd day of July 1887. 3. At the time of the said seizure the said steam-vessel ''Anna Beck" was 73 miles from the nearest land. 4. When we arrived at Ounalaska we were kept in custody by the said steam-slii|) "Rush" until the .5th day of July, when I and the rest of the crew of the said steam-vessel " Anna Beck " were transferred to the American schooner " Challenge," and were sent to 171 ritisliColuiiil)ia, of Carlcton, this Banisters, S;t'. ieck," for Ulvijnl I lit Silha, from Sitka, Alaska, in charge of n quartermaster from the said stenm-ship "Rush," where we arrived on the 20th dny of July 1887. 5. On the 22nd day of July I was taken before Jud-^e Dawson, of the United States' District Court, by the United States' Marsbal, and was cbarijed with taking seals illegally in Alaskan waters. I pleaded " not guilty " to tlie charge, and I was released on my own bond of 500 dollars to appear when called upon after tiie arrival of the " Rush," which was expected to arrive in August. G. On the 27th day of July I appeared before the said Judge Dawson and told him I had no means of supporting myself, and he then handed me over to the custody of the United States' Marshal, in whose custody I remained until the lOlh day of Sei)tember, 18S7, when the said Judge Dawson sent fur mv to court, when he released me, stating he had received a telegiam from Washington instructing him to release all parties connected with the seized vessels. 7. I claim as damages lor my said illegal arrest and detention the sum of 1,000 dollars. H. And I make this solemn declaration, conscicntionslv believing the same to be true, and by virtue of the "Oaths Ordinance, 18(.i9." (Signed) MICHAKL KKEFE. Declared before me at Victoria, Briti-.h Columbia, this Kith day of November, 1887, in pursuance of the "Oaths Ordinance, 18()i)." (Signed) Chas. E. Pooliiv, Nolari/ Public. k " was 73 miles Dnmngcs claimed by William Petit, Master of the lUenm-vessel " Grace," for illegal arrest and detention on linnrd the United States' 8teani-sliiD " liusli," and at Sitka, from July 17 to Septemher 10, 1887. British Columbia, to wit. I, William Petit, oi' Victona, in the Province of British Columbia, master mariner, and master of the steam-vessel " (jrace," solemnly and sincerely declare as follows : — 1. That I was the master of the steam-vessel "Grace" on the 17tli day of July, 1887 ; the said vessel was at that date in the Hchring's Sea, engaged in seal-fishing. 2. That on the said 17tb day of July the said steam-vessel " Grace" was seized by t!ie United States' steam-ship " Rush," and I was made a iirisonei- and taken on board the said steam-ship " Rush" with the papers of the said steam. vessel " Grace." 3. That I was again sent back to my said steam-vesse; " (iracc," and an officer and two men from the said steam-ship "Rush" were placed in charge of her; and the said steam-vessel " Grace" was taken in tow by the said steam-ship " Rush," and brought into Ounalaska, which place at the time of seizure was 93 miles distant. 4. From Ounalaskf. aforesaid I was taken down to Sitka in my said steam-vessel " CJrace," in charge of i Deputy United States* Marshal ; and when I arrived at Sitka, on the Ist day of August, 1887, I was handed over to the custody of the United States' Marshal. 5. That I remained in the custody of the said United States' Marshal at Sitka until the 17th day of August, when 1 was arraigned before the District Court, and was remanded on my own b lil of 500 dollars until the 21&t day ol August ; and I appeared hetore the said Court on the said 2l8t day of August, and thence on from day to day until the 10th day of Sc[)tembcr, 1887, when Judge Dawson, the Judge of the said District Court, discharged me, stating he had instructions from Washington to release all parlies connected with the seized sealers. 6. And for the said illegal arrest and detention I claim as damages the sum of 2,000 dollars. 7. And I make this solenm declaration, conscientiously believing the same to be true, and by virtue of "The Oaths Ordinance, 1869." (Signed) WILLIAM PETIT. Declared before me, at Victoria, (his 2i d day of November, 1887, in pursuance of " The Oaths Ordinance. 1869." (Signed) (/HAS. E. Poolry, Notary Public, Victoria, British Columbia. 1 •I' r i» '4 I Si' ry f^ I !■ Ilthj [128] ' U.t Z2 !!1!i I . 172 Damages claimed by Charles August Lumlhirg, Chief Male of the British Schooner " Ada," for illegal arrest and detention by the United States' Revenue Cutter " Bear," and lnj the United States' Marshal at Sitka, fom August 25 to Oilober I, 1887. British Columbia, to wit. I, Charles August Lundberg, of Victorin, Britisli Coluinbio, do solemnly and sincerely declare : — 1. That I sailed from the city of Vietorin, as chief mute of the British schooner "Ada," on the 17th day of June, 1S87, on a st'alinu; vovagc 1o the Bchrinu's Sea. 2. That on the 'J.'ith day of August, 18t^7, in the liehiinu;"s Sea, an(it of Thomas Mowat, Inspector of Fisheries for British Columbia; Sessional Papers, Vol. IT), No. Ki, p. 2^)8 ; Ottawa, 18R7.] Tie oiily way of obviating the lamentable lesult above predicted appears to be by the United States, Great Britain, and other interested Powers taking concerted action to prevent their citizens or subjects from killing fur seals with firearms, or other destructive weapons, north of 50° of north latitude, and between l(iO° of longitude west and 170° of longitude east from Greenwich, during the period intervening between 1.5th April aud 1st November. To prevent the killing within a marine belt of forty or fifty miles from the Islands during that period would be ineffectual as a preservative measure. This would clearly be so during the approach of the seals to the Islands. And after their arrival there such a limit of protection would also be insufficient; since the rapid progress of the seals through the water enables them to go great distances from the islands in so short a time that it has been calculated that an ordinary seal could go to the Aleutian Islands and back, in all a distance "360 or 400 miles, in less than a day. On the Priuyloff Islands themselves, where the killing is at present under the direction 'Mi f j .,';.5.- 1 ii" ,r 1.1 ! I; ■) .; i ! i I "it' i ! ilt t^ 174 nf tbe Alaska Commercial Company, which by the terms of its contract is not pertnitteH to take over lOO.OOC skins a year, no females, pups, or old bulls are ever killed, and lluis the breeding of the animals is not interfered with. The old bulls are the first to reach the islands, where they await the coming of the females. As the young bulls arrive they urc driven away by the old bulls to the sandy part of the islands, hy themselves. And these are the animals that are driven inland and there killed by clubbing, so that the skins are no perforated and discriniinalion is exercised in each case. That the exterininntion of the fur seals must soon take place unless they arc protected from destruction in Hehring's Sea is shown by the fate of the animal in other parts of tlic world, in the absence of concerted action among the nations interested for its preservation. Formerly many thousands of seals v.ere obtained annually from the South Facitic Islands, and from the coasts of Cliili and South Africa. They were also conmion in the Falkland Islands and the adjacent seus. Hut in those islands, where hundreds of thousands of skin; were formerly obtained, there have been taken, according to best statistics, since 1880, Ic^s than l.iiOO skins. In some places the indiscriminate slaughter, especially by usu of fire- arms, has in a few years resulted in completely breaking up extensive rookcrii*s. At the present tinie it is estimated that out of an aggregate yearly yield of 18'),f)00 seals from all parts of the globe over 130,000, or more than two-thirds, are obtained frotn the rookeries on the American and Russian islands in Bchring's Sea. Of the remainder, the larger part arc taken in Hehring's Sea, although such taking, at least on such a scale, in that quarter is a comparatively recent thing. But if the killing of the iur seal there with fire-arms, nets, and other destructive implements were permitted, hunters would abandon other exhausted places of pursuit for the more productive field of Rehring's Sen, where extermination of this valuable animal would also rapidly ensue. It is manilestly for the interests of all nations that so deplorable a thing should not he allowed to occur. As has already been stated, on the Pribyloif Islands this Government strictly limits the number of seals that may be killed under its own lease to an .Anierieua Company ; and citizens of the United States have, during the past year, been arrested, and ten .American vessels seized for killing fur seals in Behring's Sea. England, however, has an especially great interest in this matter, in addition to tlmt which she must feel in preventing the extermination of an animal which contributes so much to the gain and comfort of her people. Nearly all undressed fur seal skins are sent to London, whei-e they are dressed and dyed for the inarket, and where many of them are sold. It is stated that at least 10,000 people in that city find profitable employment in this work ; far more than the total number of people engaged in hunting the fur seal in every part of the world. At the Pribyloff Islands it is believed that there ara not more than 400 persons so engaged ; at Commander Islands, not more than 300 ; in the iiorth-wcst c^-'st fishery, not more than 525 Indian hunters and 100 whites; and in the Cape Horn fishery not m re than 400 persons, of whom perhaps .100 are Chileans. Great Britain, therefore, in co- operating with the United States to prevent the destruction of fur seals in Beliring's Sen, would also be perpetuating an extensive and valuable industry in which her own citizens have the most lucrative share. I inclose for your information copy of a Memorandum on the fur seal fisheries of tiie world prepared by Mr. A. Howard Clark, in response to a request made hy this Department to the United States' Fish Commissioner. I inclose also, for your further information, copy of a letter to me dated the 3rd December last, from Mr. Henry W. Elliott, who has spent mueli time in Alaska, engaged in the study of seal life, upon which he is well known as nn authority. I desire to call your special attention to what is said by .Mr. Elliott in respect to the new method of catching the seals with nets. As the subject of this despatch is one of great importance and of immediate urgcnry, I will ask that you give it as early attention as possible. I am, &c. (Signed) T. F. BAYARD Inclosure 2 in No. 93. Revinv of the Fur Seal Fisheries of the World in 1887, hy A. Howard Clark. IN the " Encyclopaedia Britannica," ninth edition, the fur seal fisheries are credited with an annual yield nf 185,000 skins, of which 100,000 are said to be obtained from the Pribyloff Islands, 30,0^0 from the Commander Islands, 16,000 from the Straits of Juan de Fuca and vicinity, 12,000 from the Lobos Islands, 15,000 from Patagonia and outlying islands, 500 from the Falkland Islands, 10,000 from the Cape of Good Hope and places thereabout, and 2,600 from islands belonging to Japan. The above statistics were communicated by me to tbe author of the article " Seal 1871 1H72 1873 I87-I 1875 1876 1877 1878 1879 1880 1881 1882 issa 18H4 1885 1886 1887 not permitted illed, and thus ■st to reach the arrive they int' es. And tiicse it tlie skins arc >y are protected ler parts of tlie ts prcseiviitioii. Fntific Islands, in the Falkhind iisands of skinj since 1880, ic-s r- by usu of (iic- eric'S. if:ld of 185,000 e obtained from f tlie remainder, ^n such a scale, le fur seal there hunters would f Bel) ring's Sen, 2 should not he his Government to an American !en arrested, and uldition to that butessomnch to hcnt to London, are sold. It is 1 this work ; far ivery part of the 400 persons so St fishery, not shery not m re lereforc, in co- Beliring's Sea, ler own citizens fisheries of the Department to nation, copy of lias spent niiuli known as an liott in respect lediate urgency, BAYARD ■d Clark. ries are credited tained from the raits of Juan dc ia and outlying Jope and places le article " Seal Fisheries " in the " Encyclopedia," and had been carefully verified bj the latest official .Tcords nifl by a personal in ^rview with Mesars. C. M. Lampaou and Co., of London, one of the principal fur houses o. the world, and by whom most of the annual production of fur seal-skins are placed upon the market. A review of the subject at this time (January 1888) necessitates but a slight change in the annual production and in the apportionment to the several fisheries. Some of the fisheries have increased, while others have decreased. Taking the average annual yield from ISbO to date, I find thut the total production is now 192,457 skins, obtained as follows : — Annual Yield of Fur Seal Fisheries. Priliyloti' Ii-lnndK, IletiriiiK'H Sen .. ., ,. .. .< < 'niiiiiiniulcr Ittlands and Uobbcn Ucvl' . . , . . . . , IiiIaiidN 1)f longing to Jiipun . . . . . . . . . Itritiali anil American sealing Hcet« on north-west coast of Aniericu (ioclud' ing catch nt Cape Flattery and liehring's Sen) .. .. .■ T.obos Iiilnnds ot mouth of Uio dc la I'latn . . . . . . . Cape of Good Hope (including inlaudM in Southern Indian Ucean; Cape Hum region Falkland Islnndn . . . , Total Number of Fur Seal Skiiia, 04,967 41,803 4,000 2S,CU0 5,500 S,I62 560 102,457 The Statistics for the Pribyloff and Commander Islands are compiled from Reports of the Alaska Commercial Company, Mr. Elliott's Reports in Vol. viii, 10th Census, and in Section 5, United States' Fish Commission Report, and Trade Reports of aimual sales in I^ndon ("Fur Trade Review," published monthly at No. II, Bond Street, New York). The north-west coast statistics are from the annual Reports of the Department of Fisheries of Canada, and from Mr. Swan's Rc|)ort in Section 5, vol. ii, of the quarto report of the United States' Fish Commission. For Japan, Lobos Islands, Cope of Good Hope, and Falkland Islands the statistics are from the " Annual Statements of the Trade of the United Kingdom with Foreign Countries and British Possessions us presented to Parlia- ment." Statistics for Cape Horn region are from sealing merchants of Stonington and .New London, Connecticut. The details of the fisheries for a series of years are shown in the following Table. (As to the number of persons employed, it is not possible io give details in all cases. At Pribyloff Islands, in 1880, there were 372 Aleuts and 18 whites. At Commander Islands there are about 300 persons. In the North-west coast fisliery 523 Indian hunters and 100 whites, and in the Cape Horn fishery about 400 whites, of whom, perhaps, 300 are Chileans.) NuMBEu of Fur Seal Skins from Principal Fisheries: 1871 to 1887. (Compiled from otficial sources by A. H. Clark. No returns for spaces blank.) i. 4 n i 15,949 3,378 1887 99,890 48,000 29,21 If ^^ h * Catob Iftt.awu at British Columbia vessels. f Mostly taken in liehriojs's Sea. Sue Schedule (A). I rr 11 1 . ''4 w \t' i i ! I I'. ■I i 176 The second point upon which iittbrniutiuu is re(|uested ia " th«t of the destruction I the fur seal, resulting cither in its exteriiiiimtion or tlic diininutiun ol its yield in plucis where it formerly abounded," &c. At the bcfjinniuK of the prr<;ia, and at niyl()fl' Group. In proceeding up the South.ei'U Pacific from Alasafuera \\c pa.-s St. I'elix, the I.ob'is Islands, oil' Peru, and the {>alii|)agos Islands, on which, as well as on otlier islands in that ocean, the fur seal once was fouml, but whence it has been exterminated. North of the equator we meet, first, the Guadaloupe Islands, where in 1S78 theie were a few fur seals, presumably migrations from the Pribylofi' Group. Alovinj: northward, along the Calilor- nian and north-west coast, the fur seal is found in winter and early spring on its way to .the great breeding grounds on the PrihylofI I>lanils. It is during this migration that the Pacific sealing-schooncrs of 15iitisli Columbia and San Francisco capture them, and it is probablt' that if the Heet increases in size, with a corresponding increase in the number of seals taken, there will ere long be an appreciable decrease in the number of seals on the Pribyloff Islands. This cannot but be the result, for many seals are killed and not secured, and there is the same indiscriminate slaughter as regards younir and old, male and female, that was practised at the southern rookeries. The statistics showing the present growing condition of the nortli-west coast fishery, and the clforts of the tishcrmen to follow the seals even into Hehring's Sea, are already a matter of record, and need not he repeated here, except to rtfer to the Annual Reports of the Department of Fisheries of Canada. In the Keport for 1880 will be found (on p. 249) tlic names of the Rritish Columbian fleet, aggregating 20 vessels, manned by 79 sailors and 380 hunters, and their catch is given at 38,917 skins, as compared with i3 vessels, taking 17,700 skins, in I8&2. The American vessels in this fleet in 1880 and their catch is. given- by Mr. Swan in sec. .5, vol. ii, of the quarto Heport of the United States' Fish Comniissiun. It is not necessary that I refer to the condition of the rookeries on the Pribyloff Islands. There can be no question concerning the advisability of regulating the number of animals to be killed, and the selection of such animals as will not interfere with the breeding of the species. The history of the islands at the beginning of the century, when there was an indiscriminate slaughter of fur seals, and tlie |)roteetion of the animals ia 1808 and thereafter by -the Russian and American .Governments, is fully told by Veniaminov and bv Elliott, and need not be repented here. (Veniaminov's " Zapieskie," [!28] ■ 2 A ii i ^iPiiii ,1 . '.1 -'.i Wi:!- I % it- ir3: 17« "•1} H I I I tic, St. Pptcrsburub, 1842, vol. ii, p. .5f»H, (|iiotc(l by M. W. Elliott in " Seal hUnds of Aluskn," pp. NO-m.', vol. viii. Tenth C'ensuH Kcport ) 'riic Coinniandcr Ulniids (Hi'hritii; iind Copper IkIiiiuIs), in DelirinK'it Sea, and Itoblxii Reef, near Sa,i;lialicn, in the Okhotsk Sea, are leased by the Aiaskft Connncreial Conipanv, and are proteeted by the ilu^sian (invertiineDt in mneb the s;inu! ninnner that the I'ribvloH iHlRnds are protected by the United States' (Jovernnient. \ description of the seal industry on thoHo islands is ^iven by I'rolessor NonU-nskiold in " X'oyu^^e oC the N'e-;;!," n translation ol a portion of bis Keport beini; iiiven by .Mr. Klliott on pp. I()!l-ll;i m "Seal Islands ol Alaska." At Kobbin Keel' it is inipossible to e>lubli>.b a station, I lit roek beini; olten wavc-wasbed ; iiiit the Alaska Company send men there in the season, to gather from I,.')!)!) to 4,(HK( skins eaeh year. The ai;ent et' the Uiissjan (Jovermmiii confers with the Alaska Company's a^ent eaeh year to determiiu! tlie luimber of skins that shall be taken in the Commander Islands. 'J'lio Heals taken by the .Japanese arc those niii;ratin<; from the C'ommandcr (iroiip, and are not secured in laruc numbers, the average being about 4,t)()(), tliout;h some years as many a» 1 1, ()()() arc taken. Schedule (A.) — Memorandum of Sealskin Seizures, Vessels, &c., in Hcbring's Sea, in 1H87. No.j Kig. Namr. Nalinn. 1 Toil. 1 IIKKf. I'nptnin. Owner. Sti/iil. Dale. July 111 Seal.. I •Slimni W. P. Snyword.. HritHh .. 1 19 (in.. II. T.rrj .. J. D. Warren ,. | Revenue (.Irarorl ■i;? »rhi«nifr 1 ••ttu«li • 2 Dilid DitIo .\nni' Hi'i'k , .ic l,olli« Olirn .. Win. IVlit ., •• .. 3 ., IH x\r. 7IW 3 (ira.c .. .. ;c. 4 Dillii Dolpliin .. 70 J II. Wiirrin .. .. .. .. i;i r.irt 5 Si'liiiontT . Allri'd Ad«iii» .. ., ns W. \\. Ilyrr .. J. Giiteman ,. .. Au(C. 12 i,.i;;) 6 Dlitu .\iln .. LollU' l*'airlit'Id* . .. 6& J. (iiindln .. J. Hoskoaili ,, l.vndi' A. Hough, Hieaiuer " Hear" ., Itu.l." .. a I.h;!-, 7 Dilto .. Clmllriigt'r ., AmiuM'an . 36 II. II. .1..m-ii .. A. I>oui{1ji»i« .. .. .. .'• 44.1 8 nittn I.ily 1.. Cl J. VV. Todd .. (i. W. L.idd .. July 1 I.-II 9 Mitto Annip , . ■, ** •* •i:, II. Ilniwii ,. inf. I.nrtiti ,. .t .. .. -'.■> lO.'i 10 Diltii .. Kale ttiid Annie,. •t •• Hi (iin«. l.tilji'H ,. CIiaB. Luiji-n ». .. Aug. 1 1 .IIH II Dilto , . HII.1 )i •• 12 T. II. Wi-iitKorth 0. W. Lyl.yju«l..! .. ii .'.;? I'J Oitlii Alph... >> •• 2li Jus. Talti'n J:IH. Tllllen ., „ „ J. V. tiiirvin .. ,. 12 i»;. ;w9 13 Dilto .Sun Jo«i' , , II •• 51 J. S. I.ec J. S. I,e .. .. „ 1 J. 1). (irilfm .. „ 23 891 11 Ditto Ang.'l Dully »* t • 18 A.lulli'S .. 0. H. Tinitle, Tre»». .Vuelit ,. 3 17N IS Dill.. .. Allif T. AlKff .. ft •• 70 V. K. Raynor ,. • . Steamer " Henr"; ,. 25 1..VJ4 16 1 Ditto . . Hylviit Handy ,. CS J. I.. Culhcut .. L. N. Ilamly and Son ' \ Sept. 2 1,597 li,9r,;i • Viisel not eapturnl. Abrivai. of Scaling Schooners from Behriug'.s Sea in 1887, as far as reported to October !>, 1887. Arrived lit— Numo of ScliOoiuT. NtllldKT of ^kills, I'lirt Towu^cnd . . . . Victiii'iii ., • • • ■ • ■ " }, •• •• ,, •• • • •• ;, • • •• • • „ „ . • • • • • ., • • • • • . „ . • •• • . „ •. .. •• ,) •• •• •• Liittii- Slniy 'I'livliir . . ., I'litlitindor.. I'omlnj'e .. .. ItliR'k I)iiinii)ii<< . . ., Mouiituin Chief , , ,, Ldttio I'uirKclJ . . Add Fnvuritu . . . . . . Torosn Ti'iiiiii|ih .. City di' San Diego . . Vnnderbilt.. .. "00 1 ,00li J.DOO ^.lOO oO.i 700 2,'J97 l.MO 1.887 ,, ,, 1,'24G ^. •180 1.187 l,r,oo 17,242 Kccapitiilation, as repotted up to Octol>cr 5, 1887- Skins seized . . . . . . Skins landed . . Total .. 11,069 17,242 29,211 ^cal Iilandx of *a, and Holilicn iciul Comimiiv, lit the rrihyliitt )l) l>f till' Sl'lll ( of flu! V'f.Ull," |i|i. )()!l-l hi III I a Ktatidi), till I till- bcason, to 111 (•Dvernini'iit iM' of skins tli;\t iiiaiulci' (in)ii|i, iiLjIi Hdtiie years L'livins's Sea, D«l«'. SmI.. in Jiiljr III ' •177 .. S 1 llf. ., 1» , 7(i'J ,. i:t 1 I'llH Aug. IJ I. .179 r" ,. 2i l,«fi ." .. S 441 July 1 IM „ 'Ht ]<>:> Auic.ll .'IIM .. \i .'.;7 .. 12 m.-i .. 12 :iHr transcript. It is now well imderslood and umpiestioncd — 1. That tliefiir-scid of Ahi>ka is niiliired to liaiil out nnnuitlly upon the Prihyloff Islands lor the purpose of hreediii'.; and shcddiii!; its pelade. 2. 'I'hal from the time of its departure from these islan''^ n the .4 ituinn of every year up to the time ol its retu-o to tlicm in the lollowiii!; spriiii; il lands iiowlu ic tKe. .'I. That it !i -ives m ;;i«.v.vcupon these islands in .hmeaiid .July, and departs from them ill October ai..; ..'.ivemher. A. That when leaving ilie islands in the liill it liends directly for, nnd rapidly jinsses out iiom Hehring'sSca into, the waters of the North Pacific Ocean. Its paths of travel are iiee-liiics from the Prihyloff group to and through the numerous passes of the AU-utian .\rehipcla'.;o ; the pas'-cs of Oonimak, Akootan, Oonalga, Oomnak, and the Four Mountains are most favoured hy it. i>. That it returns from the hroad wastes of the North Pacific Ciccaii h Miese same paths of departure. Therefore, if you will glance at the .Map of Alaska, you will ohserve tiiat the eijiivergence and divergence of these watery paths of the fiir-seal in Bchring's Sea to and fidin the Seal Island!? risemlilcs the spread of the spoke-s of a half-wheel — the Aleutian chain forms the felloe, while the huh into which these spokes enter is the small Piihylofi' group. Thus you can sec that as tlieso watery paths of the fur-seal converge in Hehring's Sea they, ill so doing, rapidly and solidly mass together thousands and tens of thousands of widely scattered animals (as they travel) at points ;')() and even 100 miles dis^tant from the rockeries of t!ic Seal Islands. Here is the location and the opportunity of the pelagic scaler. Here is his chance to lie at anchor over the shallow tied of Behring's Sea, .OO and 100 miles distant from the Priliylotl' <»ioup, where he has the hest holding ground known to sailors, and where he con ride at any weather safely swinging to his cable nnd in no danger from a lee shore if it should slip. The immediate vicinity, however, of the Aleutian passes is dangerous in the extreme to him. There he encounters terrible tide-rips, swift currents, and furious gales fonntKl througli the entrances, with the very worst ot rough, rocky, holding ground. But uj) here, anywliere from .'} to lOD miles south of the Seal Ishuu's, in Belirin(?'s Sea, in that watery road of the returning fur-seal millions, he has a saft; and fine location from whicli to shoot, to spear, and to net these fur-bearing amphibians, and where he can work the most complete ruin in a very short time. His power for destruction is still furtSier augmented by tin .dct that those seals which are most liable to meet his eye and aim ure female fur-seals, wt.leli, heavy with j'ouiig, are liere slowly nearing the land, reluctant to haul out of the cool water until the day and hour arrives tlwt limits the period of their gestation. The ])elngic sealer employs three agencies with whicli to secure his quarry, viz. : Ho ?ends out Indians with canoes and spears from his vessel; he uses rifle and hall, >iiot-gur.3 and laick-shot ; and last, but most deadly and destructive of all, he spreads the "gill-net" in favouraijle weather. [l'J«] 2 A 2 IPI HJ'l ill ■ ■'il ■.,r| ■ ., . ■ii . 180 Witli gill-nctg, under run by a fleet f)i sealers in Ik-lirin^'ii Si-a, across tliose convergint; paths of tlie fui-scnl, iinywlicrc iVom ?> to 100 miles southerly from tlie Sen! Islands, I am extremely nmderntc in sayiiiu; that such a fleet could and would nttorly ruin the fur-seal rookeries of flic Prdiyloft' Islands in less time than tinee or four siiort seasons. If these men we' o unchecked every foot of that walery area of fur-seal travel in Meiirini?'s Sea above indicated could and would be traversed by these deadly nets, and a seal would scarcely have one chance in ten to safely pass such u cordon in attemptiniif to i;o and return Iron) its breeding haunts. Open these waters of HchrinR's Sea to unchecked pelagic sealing, then a fleet of hundreds of vessels — steamers, sliips, schooners, ikkI what not — would immediately venture into them, bent upon the most vigorous and indiscriminate sluugliter of these animals. A few seasons then of the greediest rapine, then imtbing left of those wonderful and valuable interests of the public which are now so handsomely embodied on the Seal Islands. Guardcil and conserved as they arc to-day, they will last for an indelinite tinu' to come, objects of the highest commercial value and good to the world, and subjects for the most faKcinatiug bioloj^ical study. It is also well to iioti; (he fact that not an eligible acre of land is barred out from settlement or any other fit use by our people, and not a league of water is closed to any legitimate trade or commerce in ail Alaska by this action of our Oovernnieut in thus protecting the fur-bearing rookeries of the I'lihylolf jiroup. Such arc (he liiets in this eonnt'ction. They are indisputable. No intelligent unselfish man will advocate for a moment the policy of destruction in this instance ; he never will if fully aware of tlie facts bearing on tlie (piestion. There are only two parties in this controversy. 'I'ho party of destruction demands the full riifht to unchecked j)c]agic scaling in Hehring's Sea, while the party of preservation demands the sup[)rcssion of tiiat sealing. Comment is unneeessaiy. Very truly, &c. (Signed) UI-:NRY W. KLLIOTT. I 1 w No. 94. Sir L. Wi'st to the Maninis of Salishwy. — (Recei.ied February 21.) My Lord, IVashintjton, Fehuary 10, 18S8. I H.AVK the honour to inclose to your l.ordship herewith an article Irom the "New York Herald " on the Bchring's Sea seizures and closed seas. 1 have &c (Signed) ' L. S. SACKVILLH WEST. Inclosure in No. 94. Extract from the " New York Herald " of February 8, 1S88. C'LosiiD Seas. — An Ottawn despatch states that Professor Dawsou is on the way to Washington, as agent of the Canadian Government, in relation to complaints of that Government about wronijs sufl'ered by some of its peoj)le in Alaska. This refers probably to the seizure of a mmiber of Canadian sealing- vessels in Bchring's Sea and their condemnation at Sitka. The "Carolina," "Onward," and "Thornton," all confessedly Canadian sealers, were seized in August Ift'C by an American Ueveuue-cutter, while over 60 miles from land, in Bchring's Sea, and were later condemned by the United States' Court. About the sanie time several American sealing-vessels — the "San Diego," "Sierra," and others — were also seized, under similar circumstances, and also condenuied. Early in 1887 the President ordered the discontinuance of the proceedings against the Canadian sealers and their discharge, but the American vesssels captured and condemned were held. Subsequently, in July 1887, five other Canadian sealers — the "Grace," "Dolphin," "Alfred Adams," " W. P. Say ward," and " Anna Beck "— were seized, also at u distance from land. For all these seizures, and the losses inflicted on the owners and crews, damages are claimed by the British Government. In considering these claims, the question whether the United States can hold Bchring's Sea to be a closed sea turns up. We suppose that if it were not for a desire to preserve the valuable fur seal fisheries this question would not be raised, because Behring's Sea, geographically, is plainly an integral part of the Pacific Ocean. Russia, when she owned both shores of it, may Dave across t!iose from tlio Sei\l Id utterly ruin short seasons, il ill lieli ring's :l a seal would iiiptiiii^ tu i;o It'll a Hoot of 1 iiniiiediatuly filter of those losi! \vj)ndcifie owners and se claims, the turns up. r seal fisheries , is plainly an f it, may liHve 181 riaimed it as a closed sea, just as Spain once claimed the exclusive i i^bt to navigate the whole Pacific Ocean. But in modern times such claims have been eonsidercc: preposterous, and have been shelved. Our own Government has been in the jiast most persistsnt in its opposition to "the headland " theory, and to the assertion by other Powers of exclusive rif,'lits to waters much more closely land-bound than the Behrin^'s Sea. The United States were the first to resist the claims of the Barbary Powers to attribute for entering; the Mediterranean. Our Government resisted the payment of the "Sound dues" to Denmark as "inconsistent with just principles of international law," and asserted " tlie freedom of the Baltic Sound," and *' insisted on the right of free transit into and from the Baltic." Later, the United States even refused to acknowledge the right of Turkey to exclude our vessels from the Black Sea, ant! we have always refused to acknowledge (ircut Britain's claim to make the (Julf of St. Lawrence a closed wiitor. We do not suppose, therefore, that the Government will defend the seizure of the Canadian sealers on the ground that it can prevent foreign ships from entering Behring's Sea, or from fishing or sealing in it beyond .'5 miles from the shore. That northern extension of the Pa'.-ific Ocean is, it seems to iia, undoubtedly an open sea, in which all nations may freely sail and fish, keeping outside the 3-milc limit. The preservation of the seal fisheries is, of course, of interest to the Government, which draws a revenue from these fisheries sulticient, we believe, to pay the interest on the cost of Alaska. It has often been urged that, if any one may cajiture seals in the Behring's Sea, the animals will soon become extinct. So the Canadians represent that if our mackerel fishers are allowed to use the (iulf of St. Lawrence, the mackerel fishery there will be destroyed for tiie Canadians, the American seines destroying, as they allege, the young fish. We have not noticed that nuicli attention has been paid here to this plea of the Canadians. Perhaps, if our fishermen will agree not to fish in Canadian waters, the Canadians will agree not to seal in Behring's Sea? Meantime, there is a bill of damages on each side; for the Canadians have dealt with great severity, not to say brutality, with our fishermen in their waters. No. 95. The Marquis of Salisbury to Sir L. West, Sir, Foreign Office, February 22, 1888. I TRANSMIT herewith, for your information, a copy of a letter from the United States' Minister in London,* inclosing a copy of a despatch addressed to him by Mr. Bayard on the 7th instant, in whirh attention is called to the necessity for the adoption of measures for the protection of the fur-seals in Behring's Sea. I am, &c. (Signed) SALISBURY. No. 96. The Marquis of Salisbury to Sir L. West, (Extract.) Foreign Office, February 22, 1888. '' THE United Sttes' Minister called to-day at the Foreign Office, and spoke to me about the question of the protection of the fur seals in Behring's Sea. He said that "le difficulties in regard to the seal fisheries in that sea were mainly connected with the question of the close time, and that no attempt had been made by the authorities of the United States to stop the fishing there of any vessels at tli? time when it was legitimate. Mr. Phelps then made a proposal on the bases embodied in Mr. Bayard's despatch of the 7th February, a copy of which accompanies my previous despatch of this day's date.t Mr Bayard there expresses the opinion that the only way of preventing the destruction of the seals would be by concentrated action on the part of the United States, Great Britain, and other interested Powers to prevent their citizens or subjects from killing • No. 83. t SmNo.1 ! <: r*. uW,, \i 1. !' ' I M :Mi'1 ! iMiS; I ill fur seals with fire-arms or other destructive weapons north of 50° of north latitude, nnd hetweon 160° of longitude west and 170° of lonuitiidc cast from Greenwich, during the period inlerveninpj hctwcen the ISth April and the 1st November. I expressed to Mr. Phel|)s the entire readiness of Her Majesty's Government to join in an Acfreemcnt with Russia and the United States to establish a close time for seaUiishing north of some latitude to be fixed. VI No. 97. Foreign Office to Colonial Office. v.t LIJ Sir, Foreign Office, March 3, 1H88. I AM directed by the Nrar(|uis of Salisbury to transmit herewith, for the information of Sfcrctiu'V Sir II. Holliind, a codv of a letter from the United States' Minister in London,* inclosing a copy ol a (icspatch addressed to him by Mr. Bayard on the 7tli ultimo, in whicii Jittciuion is called to the necessity for the adoption of measures for protectiiig ♦he fur seals in J^i'lirinn's Sea. I am at the same ti; e to inclose a copy of a despatch which has been addressed to 8ir L. ^^'cst,t re|)eatina the siibstancL- of what |)asse(l at an interview between Lord Salisbuiv and Mr. Phelns on this riuestion on the 22iHi ultimo. I am to re(|uest tiiat in layinu; these papers before Sir II. Holland, you will move hini to furnish Lord Salisbury with any observations he may have to offer on tiie subject. I am, &c. (Signed) JULIAN I'AUNCEFOTK. No. W. ■Hf' ll!f The Marquis of Salishitrij to M. de Staal. My dear Ambassador, Foreign Office, March 3, 188?. I INFORM KD you a short time ago that the Goverii'nent of the United States had proposed negotiations with the object of regulatins^ the catching of fur seals in Bullring's Sea. It would be a soui-ce of satisfaction to me if the Russian Government would authorize your Excellency to enter into a discussion of the matter with Mr. Phelps and myself, aiul I should be greatly obliged if you would communicate on the subject with M. dc Giers ami inform uie of the decision at which his Excellency may arrive. . . ^ . I have, &c. (Signed) SALISBURY. ' 4 No. 99. 3A (le Staal to the Marquis of Salisbury. — {Received March S.) Cher Tionl Salisbury, Londres, le 21 Fe'rricr (7 Mars), 1888. J'AI eu riKmneurdo rcccVoir la letttv que vous avcz bi«!u aouIu m'adresseren date (hi ti Mai-s au sujet de la pi'oposition faitc par lo Gouvorneraeiit des Ktats- 1, nis d'AiH(''rique en vuo du ri'^glomcnt de la question dc la chasse aux phoques dans hi inor de Behring. Votro Excellences ni'ayant fait part du desir du Gouverneiuont do Sa StajesU' 13ritanniquf dc voir la Russio concourir aux arrangements h concortcr pour " preserver dc la mine une branchc d'industrio iniportantc, je m'cmpresserai d'en informer li' Gouvernenicnt Imperial on prijwit ^[. dc Oicrs dc mc inunir des instructions ncces- saires pour le cas ou Ic Miiiistcrc Imp(3rial m'autoriscrait ti m'associcr aux ncgociatioib sur I'objet cu question. • .• " • ' -J Veuillcz, &c. ' ■ '■■ - (Sign6) STAAL. • No. 93. t No. 96. 183 ,h latiUide, and ich, during the rnment to join for seal'tishing arch 3, 1H88. e information of iter in London,* ultimo, in wliicli iiig ♦he fur seals addressed to Sir I Lord Salisbuiy in \vi]l move liiin lie subject. UNCI5FOTK. March 3, 188?. le United States of fur seals in would authoiizc and myself, and VL do Giers ami SALISBURY. 8.) Marx), 1888. 'adresseron duti' llcz, &c. STA.VL. (Translation.) Dear Lord Salisbury, ,....•. London, Februurji 21 {March 7), 1BS9. I HAVE had tiic honour to receive the letter Avhich you were i^ood enou£fh to address to me on the J'rd >[arcli respeetinp; the proposal made by the («overninent of the United States of America with the oliject of settling the question of seal-hunting in liehring's Sea. Your lixt;elleiicy having acquainted me of tlie desire of Iler Uritannic Maj(>sty's Goverinnent to have the co-operatiou of llussia in the arrangements to bo (!on('(M'ted lor the preservation from ruin of an important branch of industry, I shall lose no time in informing the Imperial Government, and I shall ask M. de Giers to furnish mo with the nccessju'v instructions in case the Imi)erial Government should authori/.o mo to take part in the negotiations on the subject in question. lleceive, &c. (Signed) STAAL. No. 100. Colonial Office to Foreign Office. — (Received March 13.) Sir, Downing Street, March 12, 1888. IN rc])ly to your letter of the ."ird instant, I am directed by Lord Knutsford to acquaint you, for the information of the Martjuis of Salisbury, that ho thinks it will 1)0 necessary to consult the Canadian Government on the proposal to establish a close time for seals in Meiu-ing's Sea before expressing a final opinion ujion it. A copy of your letter and its inelosun; has been forwarded to the Govci'nor-General with a view to obtaining an expression of the views of his Ministers upon it. 1 am to add that Lord Knutsford is inclined to view the proposal of the Unitc(' States' Government with favour, but that be presumes that it will be made (|uite clea . should llf r Majesty's Government assent to it, that such assent will not bo taken as an admission of the claims of thts United States in Behring's Sea, which havo formed and still form tho subject of controvei-sy. I am, &c. (Signed) JOHN BRAMSTON. No. 101. Foreign Office to Colonial Office. Sir, Foreign Office, March \7, 18S8. 1 HAVE laid before the Marquis of Salisbury your letter of the T^th instant, relative to the proposals of the United States' Government lor the establishment of a close season for the fur-bearing seals which frequent Behring's Sea. By his Lordship's direction I transmit herewith for your information copies of the correspondence, marked ii' the margin,* which has recently passed on this subject ; and I am to request that in laying these papers before Lord Knutsford you will call his attention to the instructions given to Sir L. West to inform the United States' Secretary of State that, in acting upon the invitation conveyed in Mr. Bayard's despatch to Mi*. Phelps ol the 7th ultimo, Her Majesty's Government do not admit the rights of jurisdiction exercised by the United States' authorities in Behring's Sea during the fishing seasons of 188G-S7 and 1887-88, and that the presentation of claims on account of the wrongful seizures of British vessels engaged in the seal-fishing industry will not be affected by such action. I am, &c. (Signed) JULIAN PAUNCEFOTE. Ifoa. 98, 90, and 103. "1 :r:^H In' itik m ^i'i\ P. 1 Sir, No. )02. The Marquis of Salishury to Sir L. West. Foreiyn Office, March 17, 1S8S. SINCE fonvardiiii,' to joii my (lo!-i)atch of tlu> 2'Iiul ultimo 1 liavc bcon i,i communication witli tl:e IJussian Ambassador at tliis Court, and liavo invited lijs Excellency to ascertain wlielher liis (Jovernment would authorize Inm to discuss witli Mr. Phelps and myself ilie sui^i^'-stion made hy !Mr. Hayard in his despatch of tlic 7th February, that concerted action should be tak(>u by the United State's, CJreat Britain, and other interested Towers, in order to preserve from extermination the fur seals whicdi at certain seasons are found iu Hehrini;'s Sea. Copies of the correspoudeiiee on this question which has passed between M. dr Slaal and myseh'is inclosed herewith.* 1 request that you will inlbrni .Mr. llayard of the st(>ps ^^llicll have been taken, with a view to the initiation of ne^()tiatioii>^ lor an Asfreement between the three Powers ]irineipally coneen-ned in the niaintenanee of the seal lishcri(\s. But in so doin;^', you should state that this action im the ])avt of Jlcr ^Fajesty's (Jov(>rnmcnt nuist not ho taken as an admission of the rii^hts of jurisdiction in Behrimr's S(>a exercised there by the United States' aulluirities dm inu: tii(> lisliiui^' seasons of 1SS().S7 and 1887-SS, nor as afl'ectiniij the claims which Her ^fajesty's (iovenni'i'iit will have to present on account of the \vron!j;fiil seizures which have taken ])laeo of British vessels eugat^ed in the seal-Gshin!» industrv. I .im, &c. (Signed) SALISBURY. No. 103. Colonial Office to Foreign Office. — {Received March 22.) Sir, Doxrnimj Street, March 22, 1888. I AM directed by Lord Knutsford to transmit to you, to he laid iiefoi-e the Marquis of Salisbury, a copy rosecuting seal-lishiiig contrary to the regulations ol the United States' Alasknn authorities, carrying large Indian crews for the purpose of waging war upon American Revenue cutters, should their commanders attempt to nu)k'st them. And what measures Her Majesty's Government intend adopting lor the purpose of arriving at an amicable solution of tb.c Alaskan Fisheries disputes. • Nos S8 Olid 09. 17, 1S88. vc boon 111 invited his [lisenss with patch of the tutcs, Circa! linatidu the twcen ^I. (h' been lakoii, nirc(> Powers (loinu;, you must not 1)0 oreisccl there and 1887-HS, () present on is enijaged hi JSIiUllY. b 2-2, 1888. lie Marquis of Commons on rinii's Sea ot ;ini; war upon I. il adopting for tes. iiKinirc into Marquis ot at part of tiie tlie AUisUan IS to whether idcrs of Ihr intention us is MliADi;. 185 ■■•••'•' » ■ !■: ■■■•'■ . .■ '■ ».^ No. 104. >;■ ■• • ■ ' ■■■ Foreign Office to Colonial OJice, Sir, Foreign Office, March 24, 1888. I AM directed by the Marquis of Salisbury to acknowledge the receipt of your letter of the 2'ind instant, calling attention to a notice of a question to be asked by Mr. Gourley in the House of Commons on the 26th instant (1) in regard to the alleged clearing for Behring's Sea of certain Canadian sealing schooners with armed Indian crews, for the purpose of waging war upon American Revenue cutters, should the commanders of the latter attempt to molest them ; and (2) as to the measures which Her Majesty's Gover.i- ment intend to adopt for airiving at an amicable solution of the Alaskan Fisheries disputes. With reference to the latter part of Mr. Gourley's question, I am to request that you will state to Lord Knutsford tliat, although some delay is inevitable in pressing for an immediate settlement of the questions wliicli have arisen between this country and the United States in connection with the fur-seal fisheries in Behring's Sea, there is no reason to believe that any further illegal seizures of British vessels will take place, especially as the United States' Government have invited Her Majesty's Government to negotiate a Convention for a close time, thereby admitting their claim to exclusive rights in those waters to be untenable. Lord Salisbury, however, will again endeavour to obtain assurances on the subject from the Government of the United States. As regards the rumours which have reached this country by telegraph from Victoria, British Columbia, of the clearance of Canadian vessels for Behring's Sea, manned with armed Indian crews, I am to state that Lord Salisbury will be prep'ired to submit the matter to the Law Officers of the Crown, should the rumours in questii n be confirmed, but that if the vessels are armed, not (or purposes of attack, but for purposes of resistance to illegal seizures on the high seas, it would seem difficult to justify any interference with them on the part of Her Majesty's cruizers. In conclusion, 1 am to suggest, lor Lord Knutsford's consideration, that, in reply to Mr. Gourley's inquiry as to " what measures Her Majesty's Government intend adopting for the purpose of arriving at an amicable solution of the Alaskan Fisheries disputes," it might be stated that the question is now under the consideration of the two Governments concerned, but that it would be premature at this moment to say more than that Her Majesty's Government have no reason to doubt that a satisfactory arrangement will be arrived at. I am, &c. (Signed) JULIAN PAUNCEFOTE. it is corrcet, of Canadian tlic intention ;ites' Alaskan pon x\merican )r the purpose No. 105. Colonial Offi.e to Foreign Office. — {Received March 26.) Sir, Downing Street, March 24, 1888. WITH reference to my letter of yesterday's date respecting a question to be asked Jn the House of Commons upon the subject of the alleged clearance of Canadian sealing vessels ii>. the Rohring's Sea with armed Indian crews, I am directed by Lord Knutsford. to transmit to you, to he laid before the Marquis of Salisbury, a copy of a telegram which lias this day been received I'rom the Governor-General of Canada. I am to request to be informed of the answer which Lord Salisbury would wish to be returned to the Governor-General in regard to the latter part of his telegram. I am, &c. (Signed) JOHN BRAMSTON. Inclosure in No. 105. The Marquis of Lansdowne to Lord Knutsford. (Telegraphic.) Ottawa, March 22, 1888. I HAVE received your telegram of the 22nd. The press has published rumour referred to, but it is not credited here, or confirmed by information, private or official. It is, however, of great importance, in order to avoid injury to fishing interest and risk [12&J 2 B 'ill!. ill .J; i f na I ! Ill i| i i\i 186 of further complications, to obtain from United States' Government explicit statement of its intentions as to sealers found in Behring's Sea this season. *( Jtr,\'< 1 i\ No. 106. Count Piper to the Marquis of iSalisbury. — {Received March 27.) EN se referent h la note verbale en date du 1 1 Octobre dernier, par laquelle M. If Marquis de Salisbury a cxprim^ le desir de connaitre si le Gouvcrnement du Roi accepterait i'invitation qui iui avait etd adressee par le Gouvernemcnt des Etats-Unis ti entrer dans un aiTangement concernant la peche aux plioques dans la tner de Behring, le Comte Piper a I'honncur, d'ovdre de son Gouvernemoiit, de Iui communiquer ci-joint la reponsc quo le Comte Ehrensvard a fait parvenir a ce sujet au Ministre des lUtats-Unis a Slockhoini. Londres. le 24 Mars, 1888. (Translation.) WITH reference to the note verbale of the lllh October last, in which the Marquis of Salisbury expressed the wish to know if the King's Government would accept the iiivi. tation addressed to them by that of the United States to come to an arrangement concerning the seal fishery in Behrinj^'s Sea, Count Piper has the iionour, by order of his Goversiment, to communicate to Lord Salisbury the inclosed reply which Count Ehrens- vard has addressed to the United States' Minister at Stockholm on the subject. London, March 24, 188S. Inclosure in "So. 106. Count Ehrensvard to the United States' Minister at Stockholm. Le l.") Mars, 1888. PAR une lettre en date du 17 Septembre de Tannic passee Vous avez bien voulu, iiu nom de Votre Gouverncment, inviter les Royaumes-Unis a entrer dans un arrangement avcc les fitats-Unis pour la preservation des phoques dans la mer de Behring. La chasse aux phoques dans ccs parages n'^tant, jusqu'a present, que d'un interet mininie pour les Royaumes-Unis, le Gouvcrnement dc Roi a cru ne pas devoir prendre part activement a ccs pourparlers, lesquels il suivra toutefois avec toutc I'attention que m6rite I'affaire. 11 sera ainsi heureux d'apprendrc que les pourparlers engag<;s cntre les Puissances inte'ressees en premiere lignc a ce sujet aient pu nboutir a un arrangement international, et que la faculte d'adhdrer h I'ententc serait, le cas ^eheant, reservde aux autres Puissances. Veuillez, &c. ; s/nf^f. ),v,>v .A, ■ ' , (Sign^) EHRENSVARD. (Translation.) March 16, 1888. IN a letter dated the 17th September of last year You were good enough, in the name of Your Government, to invite the United Kingdoms to enter into an arrangement with the United States for the preservation of seals in Behring's Sea. As the hunting of seals in thosj regions is at present but of very slight interest to the United Kingdoms, the Government of the King have not thought it their duty to take an active part in these negotiations, though they will be glad to follow them with all the attention which the matter deserves. They will also be glad to learn that the negotiations between the Powers chiefly interested have successfully resulted in an international arrange- ment, and that liberty will be reserved to the other Powers to join in such an arrangcrmnt should they desire to do so. '' Receive, &c. (Signed) EHRENSVARD. •'V\ iv •Kii <.'i<\it\ Hi V'tijoi txiir/M t-:t:-ni^h. (T. Sir, ssm >licit Btatement .-'A J.) laquclle M. Ii' I Roi acceptcrait I entrer flans un J Comtc Piper u reponsc que le ■>tockholni. lich the Martinis accept the iiivi- an arrangc-mciit i)y order of liis ) Count Ehrcns- ijl'Ct . m. 5 Mitrs, 1888. ;z bien voulu, lui un an-angenient ing. que d'un interet IS devoir prendre Vattention que ngag6s entrc ies un arrangement int, reserv^e aux RENSVAllD. arch IG, 1888. jgh, in the name igement with tlic it interest to tlic ■ duty to take an lem with all the the negotiations national arrangc- an arrangement {ENSVAKD. 187 No. 107. Colonial Office to Foreiyn Office. — {Received March 29.) Sir, Downing Street, March 28, 1888. WITH reference to the letter from this Department of the 24th instant, and to yours of the same date, relating to the alleged clearing for Behring's Sea of certain Canadian sealing schooners with armed Indian crews, for the purpose of resisting the American Revenue cutters, should the commanders of the latter attempt to molest them, I am directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a telegram received from the Governor«General of Canada, from which it appears that this rumour is not unfounded. Lord Knutsford desires to call the attention of Lord Salisbury to the suggestion of the Governor-General that the Admiralty should instruct the Admiral commanding on the station to watch the proceedings on the spot. His Lordship would also suggest that this matter should be brought under the immediate notice of the United States' Government in order that a definite announcement of their intentions during the i)resent season with reference to the Behring's Sea sealers may be obtained ; with such inibrmation Her Majesty's Government would be better able to eonsider how further complications may best be avoided. I am, &c. (Signed) EDWARD WINGFIELD. Ifiili Inclosure in No. 107. Lord Lansdowne to Lord Knutsford. (Telegraphic.) Ottawa, March 27, 1888. I AM informed by Lieutenant-Governor of British Columbia that sealers on the point of departure for Beliring's Sea are arming the vessels and crews to resist capture by American Revenue cutters. We think it desirable that Admiral should be instructed to watch proceedings on the spot. I have telegraphed to Lieutenant-Governor to issue notice cautioning sealers to refrain from any assertion of right by force of arms, and pointing out grave results which might ensue from resort to arms whilst negotiations still in progress. It seems to us impo.ssiblc to prevent fishermen taking on board the arms and ammunition usually required for their own protection and for use in seal-fishing. Reports reach us from Victoria that United States' Government has issued orders for the seizure of all sealers found this season in Behring's Sea. Let me again urge necessity of obtaining from United States' Government definite announcement of its intentions during present fishing season in those waters. ' •• ; i,i No. 108. The Marquis of Salisbury to Sir L. West. — (Substance telegraphed.) Sir, Foreign Office, March 30, 1888. I INCLOSE, for your information, a copy of a letter from the Colonial Office,* inclosing a telegram from the Governor-General of Canada, from which it appears that the British vessels and crews now fitting out for the approaching seal-fishing season in Behring's Sea are being armed with a view to oflfering resistance to their capture by American cruizers when so occupied. Lord Lansdowne also reports that it is rumoured in Victoria that orders have been issued bv the United States' Government for the seizure of all seahrs found this season in Behring s Sea. I request that you will inform Mr. Bayard of the report in question, and that you'will earnestly represent to him the extreme importance that Her Majesty's Government should be enabled to contradict it. > I am, &c. (Signed) SALISBURY. ri28) • No. 107. 2 B 2 Iff If M 'Mi m f t« * :l a 188 No. 109. Foreign Office to Colonial Office. . Sir, Foreign Office, March 30, 1888, I HAVE laid before the Marquis of Salisbury your letter of the 28th instant, inclosin; a telegram from the Governor-General of Canada, from which it appears that the vesseii and crews now preparing for the seal-fishing season in Belirin£;'8 Sea are being armed with a view to offering resistance to their capture in that sea. I am to request that you will inform Lord Knutsibrd, in reply, that Sir L. West has been instructed to call Mr. Bayard's attention to the rumour current in Victoria that orders have been issued by the United States' Government to capture British ships fishing in Behring's Sea, and he has been further directed to represent earnestly the extreme importance that Her Majesty's Government should be enabled to contradict the rumour in question. On receipt of Sir L. West's reply a further communication will be addressed to you. I am, &c. (Signed) JULIAN PAUNCEFOTE. No. 110. Sir L. West to the Marquis of Salisbury. — {Received April 2.) My Lord, Washington, March 19, 1888. I HAVE the honour to inclose to your Lordship herewith copy of a telegram which 1 have received from Mr. Foster, the Canadian Minister of Marine and Fisheries, as well as copy of a despatch which I have addressed to the Marquis of Lansdowne in reply thereto, and which is based on unotlicial communication with the State Department. I have, &c. (Signed) L. S. SACKVILLE WEST. Inclosure 1 in No. 110. Mr. Foster to Sir L. West, (Telesraphic.) Ottawa, March 6, 1888. IT seems that Canadian sealers are required to carry appeal to United States' Court, or, by failure to do that, will forfeit bonds. Can they be allowed, pending definite settle- ment between United States and Great Britain, to bond vessels and skins without obligation to appeal ? Inclosure 2 in No. 110. Sir L. West to the Marquis of Lansdowne. {Extract.) Washington, March 19, 1888. I HAVE the honour to inclose to your Excellency herewith copy of a telegram which I have received from Mr. Foster, your Excellency's Minister of Marine and Fisheries, relative to pending proceedings in the cases of Canadian sealers seized in Behring's Sea, and, in rep'.y, to inform your Excellency that the Attorney-General has stated that Rule X of the Practice in Admiralty and Rules of the Supreme Court (1887) make it plain that the confiscated ships can be bonded pending appeal. No. 111. The Marquis of Salisbury to Sir L. West, ''. I, Sir, i "f- '■'■,'. Foreign Office, April Z,12>^%. THE United States' Minister called upon me to-day, previous to his return to America. He was anxious to speak to me especially with reference to the condition of thi? seal-fishery in Behring's Sea. ch 30, 1888. stunt, inclosing mt the vessels ng armed with ir L. West has Victoria that lb ships fishing ly the extrems the rumour in essed to you. fNCEFOTE. rch 19. 1888. telegram which id Fisheries, as ' Lansdowne in te Department. LLE WEST. '^arch 6, 1888. ;d States' Court, g definite settle- ithout obligation 180 He expressed the hope that instructions would soon arrive which would cuablc the Russian Ambassador to negotiate on the subject of establishing a close time during which the capture of seals in certain localities should not be permitted ; and he nddcil that, whenever that Convention could be arranged, it would put an end to all the difficulties which had arisen with respect to the seal-fishery in that sea. Mr. Phelps was very anxious for dispatch because the destruction of tlic species was enormous, and was increasing in volume every year. Hut under liic peculiar political circumstances of America at this nioment, with a general election im|)cnclii)f,', it would, be said, be of little use, and, indeed, hardly practicable, to conduct any negotiation to its issue before the election had taken place. He held it, however, to be of great importance that no steps should be neglected that couV.l be taken for the purpose of reir.leriuL; tlio negotiation easier to conclude, or for supplying the place of it until tiic conclusion was obtained. He informed me, therefore, unofficially, tint be had received from Mr. J?nyard a private letter, from which he read to me a pas«ago to the fjllowing etibct : — "I shall advise that secret instructions be given to American cniizers not to molest British ships in Behring's Sea at a distance from the shore, and this on the ground that the negotiations for the establishment of a close time are going on." But, Mr. Phelps added, tiiere is every reason that this step should not become public, as it might give encouragement to the destruction of seals that is taking place. I suggested to him that it would be desiraole for Lord Lansdowne to know of it, as his Excellency was much embarrassed by the measures for self-defence which were being taken by some of the sealing-ships that were fitting out from British Columbia. Mr. Phelps then said that he would have no objection to my comtnnnicating this information to Lord Lansdowne confidentially. .At the same time he expressed the hope that I would represent to Lord Lansdowne the importance of refusing cleara;icc, if he could do so, to all ships going out from ports ip British Columbia to shoot seals iu Behring's Sea during close time, that is to say, from the l.'jth April to the 1st November. He also said he presumed that any Convention for exercising police in BehrioL^'s Sea must, in the case of America and Great Britain, be supported by legislation ; and he would be very glad if Her Majesty's Government would try to obtain the requisite powers during the present Session. I replied that the matter should have our immediate attention. I am, &c. (Signed) SALISBURY. No. 112. Sir L. West to the Marquis of Salisbury. — {Received April 4.) (Telegrai)hic ) Washington, April 3, 1888. I HAVE made representation to Secretary of State as directed in your telegram of the 30tii ultimo. He begs me to inform your Lordship that no orders have been issued for capture of British ships fishing in Behring's Sea. !\ rch 19, 1888. of a telegram lof Marine and ^alers seized \n ley-General has ]e Court (1887) }^pril 3, 1888. his return to londition of the •' I No. 113. Foreign Office to Colonial Office. Sir, Foreign Office, April 5, lt;'<8. WITH reference to your letter of the 28th ultimo, I am directed by the Marquis of Salisbury to state to you, for the information of Secretary Lord Knutsford, that a telegram has been received from Her Majesty's Minister at Washington reporting that the United States' Secretary of State has informed him that no orders have been issued by the Government of the United Slates for the capture of British ships fishing in Behring's Sea. I am, &c. (Signed) JULIAN PAUNCEFOTE. ;m' m m>'- No. 1 14. Colonial Office to Foreign Office. — {Reeeivei April 1 1 .) -1 '•.. M .'( -Ji A I f . .•'.../ ■ 'i !vii; I t !i,,:} ~i ■■■'•• nil 10. 1888. arc the Mar(iuis a respecting the ;ates* cruizers in obtaining from ions with regard 3RAMST0N. arch 21, 1888. ries that permis- nd them pending resident therein, oucerned in this J carry an appeal )peal, they would in appeal to the le matter outside i subject, a result I to bond their imatic settlement liese waters. ntion of that of Is possible, lelieve that the il. lain to call your in regard to the United States in ity as to this has ibia, and I would T to obviate the itatement of its IS little delay as ■eby a close time he arrived at in >(iii 191 .... Na 116. Foreign Office to Colonial Office. Sir, Foreign Office, April li, 1888. I LAID before the Marquis of Salisbury your letter of the 10th instant, together with the despatch from the Marquis of Lansdownc therein inclosed, respecting the bonding of British sealing-vcssels captured by United States' cruizers in Behring's Sea during last season, and again urging the desirability of obtaining from the United states' (iovcrnment a distinct intimation of their intentions with regard to the approaching season. On this latter point my other letter of this day will have made knotui to the Secretary of State for the Colonies Lord Salisbury's views. With regard to the question of "the bonding for appeal vessels or cargoes condemned to forfeiture by the District Court of Alaska," I am directed i)y Lord Salisbury to observe that the arrangement proposed in paragraph 6 of Jjord Lansdowne's despatch would operate as an abandonment of the right of appeal without any certain prospect of a remedy by diplomatic action. His Lord.ship would therefore suggest, for the consideration of Lord Knutsford. whether it might not be preferable to propose lo the United Slates' (lovemment that the time limited for the prosecution of the appeals should be extended by consent for such period as may allow of a settlement by diplo- matic negotiation, without prejudice to the ultimate legal remedy by appeal, should such negotiation be unsuccessful. As regards the sureties. Lord Salisbury docs not think that reasonable objection can be taken to the stipulation that they should be citizens of the United States and resident therein, and therefore within the jurisdiction of the American Courts. I am, &c. (Signed) JULIAN PAUNCEFOTE. No. 117. > ■ s iS'ir L. West to the Marquis of Salisbury. — {Received April \ 6.) t My Lord, . . Washington, March 27 , 1888, a I HAVE the honour to inclose to your Lordship herewith copies of a letter addressed to Senator Dolph, of Oregon, by Mr. James G. Swan, Assistant Collector of Port Townsend, Washington Territory, relative to fur-seals in the waters of Alaska and in the Behring's Sea. The migration of the New England fishermen to the Pacific coast, and their deter, mination to assert the right to fisL or hunt in the American waters of P'^'ing's Sea, outside of S nautical miles from any island or the mainland of Alaska, t.ill have an important bearing on the jurisdiction claimed by the United States' for the benefit of the Alaska Commercial Company. ..: I have, &c. .... ,. (Signed) L. S. S?ACKVILLE WEST. . i !!(J> Inclosure in No. 117. CiOlh Congress. — Senate. — Mia. Doc. No. 78. In TiiK Senate of the Uniteu States. ■ Ml March 15, 1888. — Presented by Mr. Dolph, and ordered to lie on the table and , . , ■■.. , be printed. - Letter of Janus G. Swan, Assistant Collector, Port Townaend, Washington Territory, .rl '«♦'/ i(.. '■^''""^^'' '" P^^ Seals in the Waters of Alaska and in the Behring's Sea. niij.'!:' Senator, ^ Port Townsend, Washington, March 7, 1888. I HAVE the honour to inform you of the arrival here of the first vessel of the Uloucester, Massachusetts, fishing fleet— the schooner "Mollio Adams," Captain Johnson, > tor Behring's Sea, arc arming their vessels and crews to resist capture. e. BAYARD. 199 Inclosuro S in N^o. 126. 7%e Marquis of Lunsdownv to Lleutvnnnt-Gorenior Nelnon. (Telegraphic.) Ottawa, March 27, 1H88. IN reply to your tcle&;rnm of the 2()tli, puhlic notice should be issued by your Government, cautioning persons Koing on sealing expeditions to refrain from assertion of their rights by force, and from taking on board arms and ammunition in excess of their usual requirements. The whole matter forms the subject of diplomatic negotia- tions now in progress. Any intemperate action in the meanwhile would lie most (Ivtrimental to British Columbian interests, and might lead to serious complications, and be followed by grave consequences. Inclosure 4 in No. 126. Lleuleiiaiit-Uornriior Nelson to the Marquis of Lansdowiiv. (Telegraphic.) Victoria, lirilish Columbia, March I'H, 1MH8. IT is rejjorted that, with a view to protecting their vessels and property from lawless designs of United States' (>overnment, some persons, fitting out here for sealing, are arming their vessels and crews, and unless jjndection is aifcrded by Imperial Government, serious loss of property, and possibly human life, nuiy result. Dominion Government are therefore urged to take such steps for the protection of British interests in Hehring's Sea as may be deemed advisable. No. 127. BRAMSTON. Admiralty to Foreign Office. — {Received April -0.) Sir. Admiralty, April 25, 1888. MY Lords Commissioners of the Admiralty have had under their consideration your letter of the 20th instant, inclosing a copy of a despatch, dated the Itttli instant, which has been addressed by Lord Salisbury to Her Majesty's Ambassador at St. Peters- hiugh and Her Majesty's Minister at Washington in regard to the adoption of measures to check the indiscriminate slaughter of seals in Behring's Sea. 2. My Lords request that you will state to Lord Salisbury that their Lordships full concur in the views set forth in the inclosure to your letter now under -eply. I am, &c. (Signed) EVAN MACGRKGOR. No. 128. VNSDOWNK. Colonial Office to Foreign Office. — (Received April 2(i.) Sir, Downing Street, April i'o, 188S. 1 AM directed by Lord Ivnutsford to acknowledge the receipt of your letter of the 20th instant, transmitting a copy of a despatch addressed to Her Majesty's Ambassador at St. Petersburgh respecting the proposed establishment of a close time for seals in Hehring's Sea.* In reply, 1 am to incldse, for the information of the Marquis of Salisbury, a copy of tiie extender of a telegram which was sent to the Governor-General of Canada, on bis Lordship's suggestion, inquiring whether the Dominion Government were aware of any objection to the ])roposed arrangement. I am also to inclose a coi>y of a despatch from Lord Lansdowne, in the two concluding paragraphs of which he points out that the probable effect of the proposed dose time on the operations of the Canadian sealers would be to exclude them com- pletely from the rights which they have until lately enjoyed without question or molestation. In these circumstances, it is probable that the United States' proposals may not be • No. 181. 1 fjf W' ■!'l ! I TOO accepted by Canada without reserve, and Lord Knutst'ord would suggest that, pending the receipt of the observations of the Dominion Government in response to tiie invitation contained in his dcspatcli of the 8th March, referred to by Lord Lansdowne, no final action sliould be taiven in the. matter. I am, «!t.c. (Signed) ROBERT G. W. HERBERT. Inclosure 1 in No. 128. Lord Knulsford to the Marquis of Lansdowne. My Lord, Downing Street, April 21, 1888. I HAVE tile linnour to atijuaint you that I have this day telegraphed to you, witii reference to your despatch of tlie 9th instant, that negotiations are proceeding between Russia, Uio llnitod States, and Great Britain with regard to the establishment of a close time, diuiiij,' which it would be unlawful to kill seals at sea, in any manner, to the north of the 471I1 parnlici of latitude between the coasts of Russia and America, and intpiirod whether your Government was aware of any objection to the proposed arrangement. I added that, of course, as regards Canadian waters, Canadian legislation woidd be necessary. I have, &c. (Signed) KNUTSFORD. Inclosure 2 in No. 128. The Marquis of Lansdowne to Lord Knulsford. (Extract.) Government House, Ottawa, April 9, 1888. IN reference to my despatch of the 29th March, I liavc the honour to inclose herewith copy of a telegram, dated the 5th instant, from the Attorney-General of British Columbia to Sir John Macdonald, acquainting him that my telegram, of which a copy was sent to you in the above dcspatcli, had been published in the provincial press ns a v.aiiiing to sealing-vessels, and that there was reason to believe that these vessels had, in consequence of the intimation thus given, ceased to arm them- selves for the purpose of resisting the cruizcrs of the United States. I iiave forwarded to you by this mail copies of a telegram received from Sir L. West in refereneo to the probable action of these cruizers during the present season, and of a telegram addressed to him by me in reply. I observe tliat the information obtained by Sir Lionel West from Mr. Bayard, which is the same as that communicated to me in your telegraphic dcspatcli of tiie Gth instant, is merely to the effect that no orders have been i sued by the United States for the capture of British ships fishing in the Behring's Sea. I need scarcely point out that this is not ecjuivalent to an assurance that such vessels will not be molested e.\cept when found within the !?-mile limit, and that we are not informed whether any orders which have been already issued in this connection are or are not still in force. 1 neo'l scarcely jioint out that the close time for seals, referred to in your telegram, is created under a Statute of the United States, which is not obligatory except upon the subjects of that Power. The proposal contained in tne inclosure to your Confidential despatch of tiie Stli March, 1888, for the adoption of a similar close season by British fishermen is at present receiving the careful con.sideration of my Government. Such a close time could obviously not be imposed upon our fishermen without notice or without a fuller discussion than it has yet undergone. You "^re aware that, during the close time enforced by tlie United States' Statute, the seals, although protected from slaughter by the use of firearms, may be killed in great numbers on their breeding-grounds by the persons who enjoy the monopoly of the trade under Conces.sion3 from the United States' Govirnnu'iit The rest of the year these animals are, according to Mr. Bayard's state- ment in iiis despatch of the 7th February, 1888, "supposed to spend in the open sea south of the Aleutian Islan'ls," where t'-ey are probably widely scattered and difficult to find. It would appear to follow that, if concurrent regulations based upon the American Law wore to be adopted I)y Great Britain and the United States, the privileges enjoyed by the citizens of the latter Power would be little if at all curtailed, while British fishermen that, pending the invitation ownc, no final [ERBEIIT. ■H 21, 1888. d to you, with eding between ncnt of a close r, to the north ,, and inciuirod mgement. ition would be UTSFORI). !/))•;/ 9, 1888. lour to inclose torney-General I my telegram, iblished in the ison to believe to arm thcm- ed from Sir L. nt season, and ilr. Bayard, Itch of the Gth ited States for joint out that except wlicn orders which our telegram, except upon ir Confidential son by British nent. Such a ice or without the close time slaughter by rounds by the United States' iayard's state- tho open sea ind difBcult to the American ilcgcs enjoyed tish fishermen 201 would find themselves completely excluded from the rights wliich until lately they have enjoyed without question or molestation. In making this observation I do not desire to intimate that my Government would be averse to entering into a reasonable agreement for protecting the fur-bearing animals of the Pacific coast from extermination, but merely that a one-sided restriction such as that which appeared to be suggested in your telegram could not be suddenly and arbitrarily enforced by my Government upon the fishermen or this country. I hftvc &c (Signed) ' LANSDOWNE. Inclosure 3 in No. 128. Mr. J, Rohson to Sir J. Macdonald. (Telegraphic.) Victoria, April 5, 1888. AS a warning, Lord Lansdowne's telegram to Lieutenant-Governor was published on 29th ultimo, and, I believe, arming has been discontinued, but to avert serious trouble assurance of protection continues [p] essential. No. 129. Colonial Officii to Foreign Office. — Received April 28.) Sir, Downing Street, April 27, 1888. WITH reference to the letter from this Department of the 25tii instant, I am directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a telegram from the Governor-General of Canada, explaining the views of the Dominion Government with regard to the establishment of a close time for seals in Behring's Sea. Lord Knutsford would be glad to know what reply, if any. Lord Salisbury thinks should be sent. I am, &c. (Signed) JOHN BRAMSTON. Tnclosure in No. 129. The Marquis of Lansdowne to Lord Knutsford. (Telegraphic.) {Received at the Colonial Office, April 25, 1888, 10*10 P.M.) IF proved to be necessary, Canadian Government will be ready to join other Governments in adopting steps to prevent extermination of fur-seals in Northern Pacific Ocean, but, before final agreement, desires full information and opportunity for con- sidering operation of proposed close time. Establishment of close time at sea only would give virtual monopoly of seal fisheries to Russia and United States ; the latter Power owns the most important breeding places, in which close time would not operate. Rights should be reserved for Canada cf terminating arrangement after sufficient notice, not exceeding two years. No. 130. The Marquin of Salisbury to Sir L. West. -^(Substance telegraphed.) Sir, Foreign Office, April 29, 1888. WITH reference to Lord Lansdowne's despatch of the 21st March,* respecting the Behring's Sea question, a copy 'of which was forwarded to you by his Excellency, I have to request that you will propose to the United States' Government that the limit of time fixed for the prosecution of the appeals in regard to the seizures of British I, !rJ ■ -;;' ;B B-i ■W- [128] * See No, IM. 2 D scaling-vcssels should be extended by consent for such a period as may allow of tlic claims in question being settled by diplomatic negotiation without prejudice to tlic ultimate legal remedy by appeal if such negotiation should not be successful. You should also propose that tlic vessels and skins should be iu the meanwhile at unee released on security. The stipulation made by the American Court tiuit the sureties should be American citizens resident in the States is objected to by some of the Canadian defendants, but this condition appears to mc to be reasonable. I am, &c. (Sigjied) SALISBURY. No. 181. Sir L. West to the Marquis of Salisbury. — {Received April 30.) My Lord, Wash in ij ton, April 19, 1888. UPON tlic receipt of your Lordship's telegram of the 17th instant I addressed a note rerbale to Mr. Bayard, copy of which is inclosed, in order to ascertain whether the United States' Government would agree to a Commission to inquire into the claims of British sealing-vcssels seized and warned oil" by the Udited States' autlioritics in Behring's Sea. I haiulcd this note myself to Mr. Bayard, who read it, and remarki'd that from what had passed in the Fisheries Conference lie had been led to believe that these claims would be held over. Ue would, however, answer my communication. I have, &c. (Signed) L. S. SACKVILLE WEST. Inclosure in No. 131. Note Verbale. HER IMajesty's Government have just received the particulars of the claims for compensation on account of British sealers seized and warned off by the United States' authorities in Behring's Sea. A just assessment of these claims ajjpears to them difficult, without investigation and verification, and they therefore wish to ascertain whether tlie United States' Government would be disposed to agree to a Commission which should be restricted to inquiring in each case whether compensation is due, and the amount of such compensation. Washington, April 18, 1888. No. 132. Board of Trade to Foreiyn Office, — {Received May 5.) Sir, Board of Trade, London, May 4, 1888. I Aj\r directed by the Board of Trade to acknowledge tho receipt of your letter of the 20th ultimo, in which you transmit copy of a despatch addressed by the Marquis of Salisbury to Her Majesty's Ambassador at St. Petersburgh and Her ^Iajesty's Minister at "Washington, recording a conversation which bis Lordship has had with the Russian Ambassador and the United States' Charge d'Affaires at this Court on the subject of adopting measures with a view to check the indiscriminate slaughter of seals in Behring's Sea. With reference to the concluding paragraph of your letter, I am to request that you will state to Lord Salisbury that the Board of Trade have no information to enable them to speak with confidence on the subject, but that, so far as they arc in a position to judge, they would be disposed to regard favourably the proposals indicated by you as a basis for negotiation, and which contemplate restrictions partly in analogy with those already constituting a close time for the seal fishery of the Greenland Sea, where, however, the valuable fur-seals for which the Behring's Sea is noted are not found. At the same time, it may be supposed that the Western British Colonies in North I.!: i-^^r* ^m ALISBURY. LLE WEST. onies in Jfortli 203 Amprica would bo intorcstcd in the matter, and tlioy mipjlit bo prepared to eriticizo tbe proposals in question for rcnsons with ivliich this Department is not acquainted. I liavo, &c. (Si-ned) HENHY G. CALCRAFT. -S/r L. No. 13 West to the Marquis of Salishurj/,— {Received May 14.) My Lord, Washington, April 22, 1888. AVITII reference to my despatch of the 19th instant, 1 have the honour to inclose to jour Lordship hcrc'.vith a copy of a note verhale which I have received in reply to tiic one wliich I addressed to Mr. ]?ayard, copy of which was inclosed in that despatch, statine; tliat, in the cases of Hritish vessels seized in Behrinj^'s Sea, it is preferable to await the judgment of the Appellate Court in the premises. I have, &c. (Signed) L. S. SACKVILLE WEST. Inclosure in So. 133. Note Verhale. RESPONDING to the note verhale of Sir L. West, dated the 18th instant, it Is suggested, on behalf of the United States, that, as the cases of seizure of British scaling- vessels in Bchring's Sea therein referred to are now in Court pending an appeal from a judicial decision, it is preferable to await the judgment of the Appellate Court in the premises. Washington, April 21, 1888. No. 134. Sir L. West to the Marquis of Safisburtj. — (Received May 14.) My Lord, Washington, May 1, 1888. I HAVE the honour to acknowledge the rcceii)t of your Lordship's telegram of the 2()th ultimo, and to inclose to your Lordsliip lierewith a copy of a note which I addressed to the Secretary of State, in the sense conveyed therein, on the subject of the cases of British vessels seized in Behring's Seo, upon which appeals are pending. I have, &c. (Signed) L. S. SACKVILLE WEST. Inclosure in No. 134. Sir L, West to Mr. Bayard. Sir, Washington, April 30, 1888. WITH reference to pending legsil proceedings in the cases of British vessels seized by the United States' authorities in Behring's Sea, I have the honour to inform you that I am instructed by the Marquis of Salisbury to propose to the United States' Government that the time limited for the prosecution of the appeals in these cases should, by consent, be extended for such a period as may permit of a settlement of the claims in question by diplomatic negotiation, without prejudice to the ultimate legal remedy by appeal, shoidd such negotiation be unsuccessful, and that the vessels and skins should be at once released on security. It is understood, indeed, that permission has actually been given to the owners of these vessels to bond them pending appeal, provided the sureties are citizens of the United States and resident therein, and, under these circumstances, the proposal for an extension of the time limited for such appeal is submitted in view of any diplomatic negotiations which may ensue, having for object the satisfactory adjustment of all matters connected with these cases. I have, &c. (Signed) L. S. SACKVILLE WEST. [1281 2 D 2 i 1 I,) I i I I 'I •:iil } ,1 201. No. 135. Colonial Offict to Foreign Ofiire.— (Ki'ctiie i)ro|H)s('il liicli lias now limy bo liiiil NOKIKLl). aos has licon and is no Rueh personal detention in any of the cases, but the proceedings have nil been in rent against the vcsselH so employed and their outfits. Tho Hup;j|;CBtion of the Marquis of Salisbury that the time limited for prosecution of I In- .'.ppcaJH (entered already or proposed to be entered) in tho cases referred to, in order Id ^i\ e an opj)ortuiiity for a diploinatic settlement [n'r], will meet with favourable considera^ lion within tlio limits of statutory provision in rcUtion to the docketing and prosecution iii'.i|)|ieals. While it is not within the power of the Executive Dranch to alter or extend the stalutory limitation in respect of the time of entering such appeals, yot as far as a;,'! eomcnt of both parties may prevail in jirocurinfj postponements of the arguments and pliNiilings, after the appeal has been duly taken, I apprehend that there will be every ilispiisition on the part of the prosccuti(m to give time for diplomatic arrangement. Accept, &c. (Signed) T. F. BAYARD. frti/ n, 188P. ir Government d of 47th ? wy 11, 188H. 3ctions of the 5()tb instead of iparation. My m of it. ay 30, 1888. nour to inform n remarked to bat there were had consulted the power of lion, he said be til I have ju!>t I/;/ 28, 18S8. Itimo and the li Alaska from luc officials in Itcs regulating Bie 30th April, Lbat appeared lared that the 3od that there No. 137. lutiiict from llunsian Mnmorandum regardinij Hunlintj of Sealx. — {Communicated by M, de Staal lo the Marquis of Salisbury, July 2.'), 1888.) LE8 ondroits ou se pratique la cliasse aux otaries peuvcnt sc diviaer en deux ;;ronpe8 distincts : — Nombre den Utnrius tuccs en 1885. La iircinier groupe oomprendruit— Ill's IlcH I'rihylolfdnna la Mcr (Ic iScliring .. .. I,c8 lies (lu Commnndciir (lc» lies do liclirin); pt dc Ciiivrc) L'llo doR Phoqiies (Mcr Okhotsk) . . Lc deuvieme giounc — La iner pros dcH t'6tc9 dc Victorin . . . . . . Lobas . . . . . . . . Lc8 ill's pri's dti Cnp Horn ct lo Mer I'olairc dii Sud . . Lc Cap dc Brjiine-Espt'rnnco . . . , Lrs IU'9 Japonniscs . , , . . . , . . . 100,000 45,000 4,000 149,000 20,000 15,000 10,000 5,000 7,000 57,000 Dans le premier groupe lc nombre des otaries tuees tons les ans est dc beaucoup plus important que dans le deuxi^mc groupe La chasse s'y pratique sur des bases rationnellcs, c'l'st-a-dirc qu'on n'y tue que Ics otaries qui rdpondent aux exigences du commerce : iriiiie certaine taille et du sexe male ct h I'epoque de I'annec ofi la foiirrure u le plus de valciir commcrcialc. En outre, la chasse s'y regie de fayon que lc nombre des otaries (jui IVi'oucntcnt ces tics, loi^i dc diminuer, augmcntc tons les ans. i^ans le deuxifjme groupe, la chasse a lieu sans aucun syst«tf^<«» l»fl1»lt^M ct 1« nombro tninimc |;any of Alaska the right to fur-seal hunting on the Pri!)yloff' Islands for twenty years. The same Company, under a dillerent name, obtained a similar authorization from the Russian Government to hunt fur-seals on the Commander and Seal Islands for the same perod of twenty years fiom the 18th February, 1871. It is thus seen that a private monopoly was conceded on the islands frequented by the fur-seals hardly three years after the expiration of that of the Russo-An.eriLim Company. This monopoly was recognized to be necessary by the two Governments in consequence of the conclusions of the Russian and American Commissions which were api)ointcd lor the purjiose of examining the question of fur-seal hunting and the means of ])reserving these aninmls from complete destruction. According to the terms of the Russian Contract, the number of seals which the Company has the right of killing is regulated every year by the local Russian authorities. Hunting can only be carried on by tlie inhabitants, except on Seal Island, where the Company can employ its own hunters, the island being uninhabited. In exchange for each skin the Company must pay the natives a certain price as provided for in the Contract. The season of hunting is strictly limited. What most hinders the increase of the fur-seals is the illicit hunting which takes place in the open sea, as well as on the Japanese Islands and sometimes on Seal Island alter the departure of the Coni])any's ship, which takes place generally about the middle of October. According to the Japanese Customs Reports, 3,400 fur-seal skins, whicli represent the produce of this kind of poaching, were imported into Japan in 1884, which, amounts to 50 per cent, of all the seal-furs exported from Japan. Till 1862 there was no law in this country prohibiting fur-seal hunting. In 1862 a Lav.' was passed forbidding it, but without efl'ect, as the islands were not sufficiently defended against the inroads of poachers. In the autumn tiic fur-seals leave tiie land and make for the south of the Aleutian Islands, where tliey stay for the rest of the year in tlie open sea. It is then that they are exposed to the attacks of ships equipped for the hunt which destroy them by every means, fire-arms, nets, harpoons, &c., without distinguishing males from females with young. Only a third of the animals killed in this way are utdized ; the rest are lost without any profit. It is to these proceedings that the almost complete disappearance of fur-seals from the coasts of Chile and South Africa, as well as from the Falkland Islands, is to be attributed. It is to be feared that the same fate is reserved for the islands of the Behring's Sea unless efficacious measures are shortly adopted to protect the fur-seals. I s i..J i';- ; ■; I 'I \ 208 • . • ■ No. 138. • ■ ; • Colonial Office to Foreign Office. — {Received Juhj 2(i.) Sir, Downing Street, July 2'>, IBS". WITH rof'cronco to provions corroHpondonco rospoctinjf the Hi'izuro of IJiitisli soaling-voHHi'lH in llio ndiriiiK's Son, [ tun iliifctod by fionl Knulsfonl to tranHniii lo yo>;, to Iti' IiiitI l)oforo the Mnnpiis of Salinliury, a copy of a despatch from tho (lovLMiior- Gonoral of Canada, witli its iiu'losurcs, rolatinji^ to tl>c circnniHtancos in whicli tlio Hchoonur " W. P. Sayward " was relensud niidor bond at Sitka. T am, Slp, (Hif^nod) JOHN BllAMSTON, p^ Indosure I in No. 138. Lord Ulan lei/ of Preston to Lord Knutsford. My Lord, Cascapedia River, New Richmond, June 25, ISS.''. WITH rofcronci* to previous corrcspondenco upon the subject, I have tlie honour to transmit to your Tjordship a copy of an approved Minute of the Privy Council of Oanadu submitting a copy of a letter from the attorney of Captain .J. D. Warren with rcfereuci: to the circumstances under which the seized seaiing-schooner "W. P. Sayward " was release*! under bond at Sitka. I have, &c. (Signed) STANLEY OF PltKSTON. Inclosurc 2 in No. 1S8. Report of a Committee of the Honourable the Privi/ Council, approved by his Eccccllency the Gorernor-Geneidl in Council on the '2\st June, 1888. ON a Memorandum dated the J)th .June, 1888, from the Minister of Marine aiul Fisheries, submitting the accompanying letter from the attorney of Mr. J. D. Warren with reference to the circumstances under which the seiacd sealing-schooncr " W. P. Sayward " was released under bond at Sitka, and recommending that the same he forwarded to the Principal Secretary of State for the Colonies for the information of Her Majesty's Oovernment. The Committee advise that your Excellency be moved to forward a copy hereof to the Right Honourable the Secretary of State for the Colonies. All which is respectfully submitted. (Signed) JOHN .F. McGEE, Clerk, Privy Counril. Inclosurc 3 in No. 138. Mr. Belyea to Mr. Tilton. Dear Sir, Ottawa, Ontario, May 23, 1888. I AM in receipt of a letter from Captain J. D. Warren, of Victoria, Ikitish Columbia, under date the 16th instant, in which he informs me of the circumstances under which the seized seaiing-schooner " W. P. Sayward " was released under bond. He had gone to Sitka to secure, if possible, the release of all the schooners seized in 1887, viz.: the " Grace," "Dolphin," "Anna Beck," "W. P. Sayward," and ^'Ada." The bond on release was conditioned on prosecuting an appeal from the Alaska JJistrict Court to the Supreme Court of the United States. The formal motion thus became one " for leave to perfect an appeal," and such motion for each of the vessels was made on the 14th April last before Judge Danson at Sitka, and in every case refused, on ilie grounds that the time for allowing an appeal had expired. Captain Warren's counsel then applied for a record of the oraar refusing leave to appeal. This wus on Saturday. On Monday following, the 16th April, without any application thr.efor by the defevidant or any one on his behalf. Judge Dawson offered to rescind the order of Saturday in the case of the " W. P. Sayward," and release her to her owners. She was i/.V 2'N IPS". un) of IJiitisli to tranHinii In till' (lovornor- in which tlie IIAMSTON. ifi<'2o, IHS.''. B the honmir to incil of OMiiiiilii with rcfenMico Sayward" was PUKSTON. s Excellcncij llie of Marine niul . J. D. AVai 1011 hooncr " \V. P. ,t the same be >r Illation of 11 or copy hereof Id |GBE, 'i-ivy Counrll. [ny 23, 18SS. pctoria, Ikitisli circumstances Id under bond, loners seized in I" and ^ Ada." Llaska Uislrict lus became one Is was made on refused, on ibe irrea's counse! Ion Saturday. \( .efor by the the order ol lers. She was '2m tiicn lyint', al I'lificCM Snuiid. under an orilcr for hiiIc on (but day, llie olfer was )u:CC|)le(i (rontrnry, as Caplain Warren siiys, to (be cxpei'lMtioiw of iIn> liiii("d Stiites' .•lutliorilie^ at Hitka), and (lu- order of tlie iireviotis Saturday reseiiuled and lei?ve granted to appeal. [ am not informed as lo Ibe anioinif of the Imnd. The I'nited HtatcH* Mnisbnl nt Sjlkii has been onU^'ed U> liiKc rennii;; s(rbooner», viz., the "(iraee," " Dolpliin." 'Anna Reek." and "Ada," In l'ii:;''t'H Homid for imme- diate sab'. 'I'he heliooiKTH "Thornlon," "Onward," and "Carolena," sci/.ed in |SH(J and left 111 Otmahiska, have been, as y(Mi are aware, offered lo liic owners as they now are. All tlire(; am binb up on the beaeh and practienlly worlbless. 'I'be United StatcH' autboritioH sold everything in and on iliCKe vessels that woe.ld brin^ a dollar, and then attempted to ceniract the lakinp; of the indlH to Han Kraneiscio (o be there sold. I''iiulin;r tliis would cost mor(i than the damaj;(!d bulls would sell for, Ihey offered t«) jiive the vesstds up fo their owners, ami bad an order to that effeet issimd. Captain Warren says if is out ol' the (piestion to . . permission to do so was made too late, I have to request you to ask the United States' Government t.) postpone i\w sjile of these vessels until the question as to the legality of their seizure has be(>n settled. I am, &c. (Signed) SALISBUIU. No. 142. The Mnitter before Secretary l-^ Knutslord, you will move him to give as early a consideration as possibu to Mr. Piielps communication. I am, &c. (Signed) JTLiAN lAUNCEFOTE, • No. 13S. m (Telegraph rsE^ ol ilie vosse -"'^"••••'^•"™''^ 211 Xo. 141. ^0, IS-^s. .da," wliicli send, \'i\. Iler Majesty's ^Minister at Washington was instructed by telet^rapli on the 2iid instant to ask the United States* Government to postpone the sale of these vessels pendinj;: a settlement of the question as to the Icf'ality of the seiziu'c. T am, &c. (Signed) JULIAN BAUNCEEOTE.' ;. IS 0.115. Colonial Office to Fc^eign Office. — {Received August 10.) Sir, Downing Street, August 10, 1888. IN rejily to your hotter of the 2nd instant, forwarding a note from tho American Minister at this Court urging the early consideration of the (jucstion of establishing a close time iov seals in Behring's Sea, I am directed by Lord Knutsford to transmit to you, for the inforr'.iation of the Marquis of Salisbury, copy of telegraphic corre- spondence Avith thij Governor- General of Canada on the subject. The Report referred to in the telegram froni Lord Stanley of Preston will ))robably be received on the 14tli instant, and Avill b(> cominunicated to you Avithout delay. I am, &c. (Signed) R H. MEADE. Inclosurc 1 in No. 1 15. Lord Knulsford to Lord Stanley of Preston. (Toloiri-nphic.) _ Downing Street, August 8, 1888. I NJTED STATES' Goveminent pressing for early reply question of lose time J3c' . •)i'.if Sea. When may Report be expected from your ^linisters? Im losure 2 in No. lla. Lord Stanley of Preston to Lord Knul-^ford. (Telegraphic.) August 0, 1888. [ SENT last .Monday Report asked foi iu your Lords'iip's telegram 8th August. No. 146. Colonial Office to Foreign Office. — (Received August 10.) ' ''■' Downing Street, August 10, 1888. VFITII reference to your letter of the Hrd instant, I am directed by Lord Knutsford - tM ': ♦^3 you, for the information of the Jlarquis of Salisbury, copies of further ;^' ai)iiic correspondence with the Governor-General of Canada respecting the sale of the vessels seized in Behring's Sea last year, and now lying ivt Port Townsend, I am, &c. (Signed) .JOHN BllAMSTON. [128] 2 E 2 r I •'^itti TW- ' ' : I «" k, I i.l ^ i\ "^H I ; 912 liu'losurc 1 in \o. 1 Kl. I.niil Staiilri) of I'ri'sloii to Lord Kinilsford. I.oril Sldnlri/ of I'ri'sloii to Lord hiiiilsjord. ('I\>li'f;;-aitliic.) " Ainiii.H i. IHHS VV rVll rdVinu'c lo my (flc^riim of llic lUUli .Inly, I lun inrnrnicil l)y Mic Miiiislcr of Fishtnifs Mm! Ili(< scliuoncrs " l)(>l|tliin." " (iracc," " Adii," niul "Annii Hih'K " will l>« sold a) I'orl 'rowiiscnd. in \Vasliinu:(i»n 'i'lM-rilory, on (lie 'i'Jnd An^nsl. Inn)i('dial(> inliTvonlioii ol" lltinif (iitvcrnnicMl, as prcvionsly asked I'di', is ('arncslly r('qu(>s|iloi;r,'\ni of Mil Anijjnsl. Inslrnclions sciil. 2nd An'j;Msl |i 11(>r Majcsly's Minislcr at \>'asliini;l(in (o ask Unitcil Sla(\'s' (ioM'rnnxMil lli.'it pondinsj; s(>(t lenient of (|nes(i()n ol' lei;alily of seizure, sali' of vcsncIs inif^lil lie |ms( iioiumI. No. U7. (\>h>itiiil Ofllcr to I'hrrlijii Oflirr. — {/'rrrir.'il Aiujusl IS.) Sir, Doii'u'mij Stvrrt, Amjiisl 18, IHHH. WITH refenMK-e (o Hie letter fnnii tliis l)e]i!ninieiil()r tli(> lOtli iiislani, I iiiii direeled by l.urd Kniilsford to transmit to yon, to lie laid li(>fore the Manpiis nl' Salislniry. ;\ eojiy of a desiiateli from tlie (ioviM'iior-tieiiiM'al of (';iii;i(la, forwarding ii Minnie of liis I'rivy (.'oniieil on tlie snlij(>et. of the projiosal of the United Slalcs' (iovernmenl \'ov the ivstaldisliment of .a el<>se time for seals in Heliriiif^'s Sea. In view of the e\i)lanalioiis of the Dominion (iovernment, wliieli slate \vr\ ele.arly the slronir ohji'i'lions (o liie iirop.ised I'lose season, it a|ipears to Lord Knntsford tliiit it will he iieeessary fm* the I'nited Slates' (io\ermiient. lo make some niodilicii proposal if the r.eu'otialions are to li;>.ve any nsel'iil result. I am, I'^c. 'Si-ned) .lOlIN IM! AlSrSTON. Tnolosuro I in No. M7. Lord ! l'\)reii;ii Olliee, with a nolo from the Ainericnii Minist(-r in l.ouilon, suhmiliiiii^ a proposal for re^'iilaliiii;; the seal lishinu; in Uehriiiij's S(>a. 1 lia\e the lioiionr lo forward lieriM\illi a copy of fin jipproM'd Minnie of the I'livy Coiineii eiuunrrinij: in a Uejiorl of my Minister of Marine iind i'lsherios protesting' against this pvi>posal. I have, i^e. (Signed) STANLEY OK PIJKSTON. Inolosino '2 in No. 147. lirport of II Coiinnilirr of lliv Honnitrdhlf Prlri/ Council for Ciinadd, npproned hi) hit E.iT^lloirii flic (iorrriior-Gnirnil In Council on the IMli July, 1888. Tlir. CumniiUee of the I'rivy (.'oinieil have had under consideration a despMtch. datwl the 8th Man-li, 1888. from the lliglit Honourable the Secretary of Suite for (be Colonies, transmitting a cojiy of a letter from Ww l'\)roigii Ollice, with n note from the United States' Minister in London, submitting a proposal from 218 I'lir, is cariu'slly Mr. Sccirlnry Hiiynnl for llii' csUiljlisliiiiciil mI' n cIohc! hcmsdii \'itv llic mcm! (isliiii;.; in atul iic.'ir Hclii'iiif^'s Scii, ((» cxlcnil from tlici ITitli April lo the Is) NitviMiilicr ol' (vicli ycnr, and (o !'<' "in'nitivc in Ilii" wdtcrs \y'\\\>j; iMirlli nl' liitiliKlf TiO" riorlli nnil liclwcm Imi'^i- tiid'" KiO" \v«'hI. !iii(l 170 ciisl, rnmi ( Jrccnwicli, in wliirli (IcMpiilcli Lord Kimlsrini! i\Hkn to hr I'livoiircil willi siny Dliscrviiti'ni'i wliicli llic ('.•iicdiiiii (iovcrmin'iil iiimv liiivc In olTor on (In* siihjccl. Tin" Minister ol' Maiiiic jind r'islicrics, to wlinm (lie siiid d('s|i!il''li .'ind inclosnrcH wcrr ri'lVircd, s.nl)niils 11 I'i'iiort tlicrron, (liili-d t!ii' 7lli .Inly, IHMS, piiilistinu; n'j.'iinsi Mr. Hdyiirii's |iro|M)snI us ;ni nnjn^l .'ind nnin'cc-^jiry inlcrlcnMici- willi, oi' rjillicr pr'o- hiliilion ol', rights so iMii^cnjoycd to it Ijiul'id :in(l ri'niiuicntivi' ocrii|i.ilioii ii|iori llif hiuli :c.'is. 'I'lic ("oinniitli I- (■ incur in (lii> said l>('|iorl, and advise tlial a <'i,|iy lliireoi', and ol' this Minute, il' a|i|»r;)Vi'd, lie Iransniilled liy your I'lVeelleney fd tlie Itii^lil, llonounildo the Seeret'irv oi'St'ile I'or tlie Colonies. (Signed; .lOIIN .1. McCiMK. C/fT/f, I'riri/ Cimnril, Canada. I indosure .'! in Ts'o, 1 17. M'nuilf. MUAlSrsTON. Ddjuirlmviil of Mori lid find I'i.iliriiry, ('(inndii, Oiliiirii, .full/ 7, IS'^M. 'rilM I'ndeisj^iied lias llie liononr l,o snluiiit, I'or tii<' eonsideraf ion of the (iovernoi'-< leneral in ( 'ouiieil, llie rollowini^ oliservatioiis in reply to a (leHjiat.fdi i'roin liord Kmitsrord lo Ijoid l/inxiiovviie, duted (lie Stii .Mandi, ISHh, {ind iiiidosiii',' a jiro- |msal I'rom Mr. Secretary Hayard For t,he cslaldislinienl. ol' a (dose sensori i'ortlii! sual iisliiuii,' in and near licliiini^'s Sea, lo e\l,eiid I'roni flie l.'it'i April lo tlie js.t, Novernlier (if eaidi sear, and lo lie operative in tlie waters lyin;^ north ol' lalilnde. !'>U" iku'Ui and helweeii loii!i;ilude KiO" west and loiiu;ilnde I7i'ore iMiierinL; upon Mk^ discussion ol' this proposition, the Miiiisler deslre.s lo call atlientioii to a. si'iilciiee in u letter Troni Lord Salisliiiry to Sir L. S. VVi'sl,, daUrd the 2'Jnd I'Vltruary, |sss, intd I'orniing a [lart. ol' llie ahosc-inentioiied despaixdi, in which Lord Salisliury says: — "'The I'niled Sl;ite^.' M inisi.er called lo-d;iy al the l''oreinii OHiee iiiid spol^e fo me :dioul the t|ueslioii of till- fur seals in liehrini^'s Sea. Me said Ihal the, dini(Mill,ieH in ii'Hard lo tlio seal llsheries in l,h;il. se;i were mainly connected with the ([iiestion ol' Uio I'iiise tinic, and thai no attempt had lieen made. Iiy tin; authoriliei of the Lnit.ed St'ikiK to stop till! lisliiiii; lliere ol' any vcssids nt the lime when il, was IcHtiinatc." This 17!! west, tin; killin;.;' of fiir-heariri!,' animals, amoni,'st whir;!) the nai] is iiU'iiided, is pi'ohihited iiy law; that repeated warnings to this ctl't.'ct liav<; l)(;en ^iv(;n by tin; United States' authorities, and that vi'ssids hotli of Canada ami the United Slates liav(; within the past two years lieeii seized and eondcnined for killiiiL^ seals within these; waters. It also appears that in tin; Islands of St. (Jeori^e and Sf. I'aul, (liiriiiif tho months of .luiie, , Inly, Septcnilmr, and ()(;tol)(;r of (;a(di year, the United Stales' (iovcrninent allows the slaughter of seals to the nunibor of 100,000 by certain citizens of that country known as tho Alaska Commercial (,'ompany, for whieli rnonopolv llic United States' (Joveniment is paid a yearly rovenu'; of more than 300,000 (lollars, .\t no season of tlio year, and to no other persons whatever, is it permitted to kill a siiii^lc seal within what is claimc.'d as the limits of the Territory of Alaska. It is ovideiit, thend'ore, that thert; is no jjart of the year \\\wn citi/ons of any country, ■with the sole exc(>ption of the Alaska Connnercial Company, can le^itimatcdy kill seals within tho limits named; and Mdien Mr. Thelps st.'ited to Lord Sali?l)ury that "no tittctnpt had been made by the authorities of the United States to stop the lishiug there ■u]i\ 1^ i ,1 ' , 1 i i i ^lll ;■ 5 I i P ii ' I J I 2U of any vessels at the time when it was legitimate," his statement should be read in conjunetion witli tlie fact that there is no period of the year when it is legitimato for any v(!sscls to lish for seals in the waters of Alaska. Tlie pro|)osal to fix a close time is based by Mr. Bayard upon the alloi^od necessity of immediate measures tu prevent the destniction of the seril fishery in B(diriiiu;'s Sea and the North Pacific Ocean. It is not clear from any information at j)resent possessed that any ])ressinL!; and absolute necessity exists for any such measures, so far as shown by tiie present condition of that fishery in the North Pacific. Prom a I'eport made by the Special United Slates' Treasury Ai^'cnt in Alaska,* dated the .'ilst -luly, 1SS7, it appears : — 1. Tliat none but younj; male seals are allowed to be killed on the Pribyliilf Islands, and of these only 100,000 annually. 2. Tlint a careful measurement of the breeding rookeries on S(.' Paul and St. George Islands showed (5,357, 7iJ0 seals, exclusive of young males. 3. That 90 jjer cent, of tlu; pups bred by these go into the water, leaving a mortality of but 10 per cent, at the place of breeding. 1. Tliat fully one-half of the above 1)0 per cent, of pups retunuMl tlu; folio win;; year as yc^arlings to th(> rookeries, leaving thus a total mortality of l'> ]>er cent. IVoin various causes at sea. It needs but a slight consideration of these figures to demonstrate tiiat an addition of millions each year must be made to the surviving seal life in the North Paei.'\' Ocean. Tiu> Agent in his Heport says: "Tliis vast number of animals, so valuabh^ to tlic Government, ai'c still on tiie increase. The condition of all the rookeries could not lio better." Against ilu; enormous yearly increase of seal life may be placed the average aimiial siaugliter as given in the ilcmorandum attached to Mr. l?ayard's letter, viz., 192,157 for the whole world, or for the seals near to Bchring's sea as follows : — Prihyloir Mimils Comniniider Isliinds iiiul Itobbiii Koef .Iii]i:in Islands Nnrtli-wi'st ciiast of America Or n total of . . 91,967 •11,803 •toed ;2(),'jOO lOi.SOO With an annual c' ar increase of millions, and an annual slaughter of less than 200,000 ill the Nortii Pacific Ocean, it surely cannot be contend(>d that there is any ncc(>ssity for siudi stringent and exclusive measures as the one ju-oposed in order to pres(>rve tiie seal fishery from threatened dcstructiou. Not only would it appear that tiic present rate of catch could be permitted, and a continual increase of the total number of seals be assured, but it Avould seem that this annual take might be many times multi])lied without serious fears of exhaustion so long as the present conditions of breeding on tlie Pribylolf Islands arc preserved. The time jiroposed as close months deserves consideration, \h., from the 15th April to the 1st November. Por all practical purposes, so far as Canadian sealers are concerned, it might as avcH read from the 1st January to tiie 31st December. It is a well-known fact that seals do not begin to enter the Bchring's Sea until the middle or end of ^fay ; they haA'c practically all left those waters by the end oL October. Tlie establishment of the proposed close season, therefore, proliibits the taking of seals during the whole year. Even in that case, if it were jirojiosed to make this close season operative for all on the Islands of St. Paul and St. George as well as in the Avaters of the Bchring's Sea, it could at least be said that the close time Avould bear equally on all. But the United States' Government propose to allow seals to be killed by their own citizens on the rookeries, the only places where they haul out in Alaska, during June, July, September, and (Jctober, four of the months of the proposed close season. The result would be that while all others would be prevented from killing a seal '\a Bchring's Sea, the United States would possess a complete monopoly, av.d the eli'eet would be to render infinitely more valuable and maintain in perpetuity the seal flsheries of the North Pacific for the sole benefit of the United States. It is to be noted that the area proposed by Mr. Bayard to be alfected by the close • Executive Document No. 31, 50tli Congress, 1st Session, 215 Hod l)v tlicii' season virtually covers the whole portion of the Bcliring's Sea in which the'exclusivc ri^lit of sealing has, during IbHO and 1887, been ])ractically maintained by the United Stat(>s' Governniput, To tliis is added a part of the North Pacific Ocean, north 50° of north latitude, and which (jomrnands the approach of the seals to the passes leading into Behring's Sea. liy the adoption of tliis area and close season tlie United States would "ain, by consent, what sh(> has for two years held in defiance of international law and the protests of Oreat Britain and Canada. And Avhile this area Avoidd be held closed to all operations except to those of lier own sealers on the I'ribyloU" Islands, the north-west coast of North America up to the- 50th paralhil of north latitude and the scaling areas on the north-eastern const of Asiar would be open to her as before. The device, if successful, would feed and perpetuate the rookeries on St. Paul and St. George Islands, and add immensely to their value, wliilo it cuts olfat one blow tho most valuable portion of the high seas from all participation by the scalers of all other nations. It is to be borne in mind tiiat Canada's interest in this industry is a vital and' important one, that she has had a very largo capital remuneratively employed in it," and that while by the propos(>d plan the other Powers chiefly interested have theirf compensations, Canada has uon(.>. To lun- it would mean ruin so far as the scaling industry is concerned. Mr. Ikyard a])peals to the Government of Great Britain on the grounds of the labour interested in preparing the seal-skins in London. ft is not necessary that the Alaska Comm(n'cial Company should do the sole catching of seals in order to retain this advantage to London labourers. Tho sealskins taken by Canadian seahu's find their way to London to be dressed, just as surely as do those taken by the United States' Company. So long as the fishery is not exhausted, London will, other things being equal, retain the advantage she now ])ossesses in this respect; Rut Mr. Bayard must misapprehend the sense of justice of Iler ^Majesty's Government if he supposes that they would consent to an unjust deprivation of Canadian rights,! heciuise of the alleged prospe(!t of perpetuating some small pecuniary advantage to al limited section of her subjects in London. Under this proposal Eussia would lose> nothing. Her vessels do not now pursu(^ seals in that part of Behring's Sea ceded by' lior to the United States in 1867. Russia has valuable seal islands of her own : tho Conunander Islands in Behring's Sea, and Eobben Reef in the Okhotsk Sea, on which there are valuable; rookeries, and the Russian Government draws a considerable I'cvenne therefrom, as they are under lease to this same Alaska Commercial Company. This part of Behring's Sea does not fall within the proposed c1os(hI area. It has been already shown that the United States would gain largely by the establishment of this close period. Prom her rookeries on the PribylolF Islands she draws now a yearly revenue of over 300,000 dollars. This would not only not be interfered with, but would be enormously increased by reason of the pi>rj)(>tual monopoly she would enjoy under the proposed arrangement. 15ut while this is true as to Russia and the United States, Canada would lose the «njoyment of a lucrative right long possessed, and this loss would be fatal to her prosecution of the seal industry, and would be unrelieved by a single compensation. It is manifest, from a perusal of Mr. Bayard's letter, that the pi'0])osition is to prevent the killing of seals during the close time by any process Avhatcver within the area set ai)art, except, of course, upon the Pribylofl: Islands. Experienced scalers aver that by the present methods of hunting Avith gun and spear not more than one in ten of the seals struck is lost, and it is not belicAcd that these methods are so destructive as Mr. Bayard alleges. Tho method of taking seals by means of the net is not a destructive method, and yet it is proposed to prohibit this as avcU. It appears, therefore, that Avhat ilr. Hayard intends is to entirely prevent the killing of seals Avithin the area jn'oposcd by any methods or by any i)ersons except by tho methods employed upon the Pribyloif Islands and by the citizens of the United States, Avho may, for the time being, cujoy the monopoly of taking seals thereon. Against this unjust and unnecessary interference with, or rather prohibition of, rights so long enjoyed to a lawful and remunerative occupation upon the high seas, tlu; Undersigned begs to enter his most earnest protest, (Signed) GEO. E. POSTER, Actinij Minister of Marine and Fisheries, I it il ' 216 No. 148. Colonial Office to Foreign Office. — {Received August 20.) Sir, Downing iStreel, August 18, 1888. WITH rol'tironco to thn letter from this Department of the 10th instant, I am directed by Lord Knutst'ord to transmit to you, to be laid before the Marquis of Salisbury, copies oi two despatches from the Governor-Gcncral of Canada rcspeetin" the proposed sale at Port Townshcnd of four of the British sealini»-vesscls captured last year in Behring's Sea. Lord Knutst'ord hopes that the Minute of the Canadian Government, inclosed in Lord Stanley of Preston's despatch of the 2Cth July, will receive I^ord Salisbury's attentive consideration. T am at the same time to request that Her Majesty's Minister at Washington may be desired to report when the appeal to the Supreme Court of the United States in the case of the "W, P. Sayward " is likely to come on, and to report generally on tlic jjrogress of the case. I am, &c. (Signed) JOHN BK.\MSTON. Inclosurc 1 in No. 148. Lord Stanley of Preston to Lord Knutsford. My Lord, Citadel, Quebec, July 20, 1888. WITH reference to previous correspondence relative to the pending proceedings in the case of Canadian scaling-vessels seized in Behring's Sea, I have the honour to forward to your Lordship an extract of an approved Minute of the Privy Council, based upon Sir L. West's despatch of the 19th March,* a copy of which, together Avith other correspondence, noted in the margin, is inclosed herewith. I have, &c. (Signed) STANLEY OF PRESTON. Inclosurc 2 in No. 148. Extract from a Report of a Committee of the Honourable the Privy Council, approved by His Excellency the Governor-General in Council, on Jruy 7, 1888. THE Committee of the Privy Council have had imder consideration a despatch dated the 19th March, 1888, from Iler JIajesty's Minister at Washington, rclativt^ to pending proceedings in the cases of Canadian sealers seized in B(ihring's Sea. The Subcommittee of Council to whom the (luestion was referred report as follows : — In the desputeli of the 19tli :^[arch, 1888, Sir Lionel Sackvillc West states that the Attornoy-Cieneral of the United States had intimated tliat llule 10 of the practice, in Admiralty and lUilcs of the Supreme Court (1 887) make it plain that the contiscated sealing-ships seized in Behring's Sea can be bonded pending appeal; and Sir Lionel Sac. .illcAVest fiutlicr states that, as to the ijucstion whether such vessels can be bonded without oldigation to appeal, he is advised tliat, since it was agreed in the Conference that the question of damages should be reserved, any such request would open up the whole question of damages on each side. The Sub- Committee observe that the obligation sought to be impos(;d upon (lie owners of tlvj Canadian vessels seized in Behring's Sea of appealing from the deeisiou of the Magistrate of Sitka to the Supi'eme Court of the United States, is obviously one which cannot witli justice or ])ropriety be enforced. Some doubt exists as to the right of appeal, and if it be held that no appeal Avill lie, the bonds will be forfeited. A])art from this risk, however, Avhich the owners of the \ essels arc asked to take upon themselves, it appears that the giving of bonds of such a natui'c would involve the admission that 'he Courts of the United States bad jurisdiction in regard to the seizures, and that the laws of the United States applied to the cases of these vessels, • Sec No. 110. m St 18, 18HH. instant, I am 10 Marqnis of ada rcspooting s captuvod last lit, in(!losc(l in ird Salisbury's ashington may d States in the ncrallv on the UAMSTON. such propositions could by no means bo admitted. Tlie vessels had not entered within the waters over which the laws of the United States extend, and over which the Executive or Judiciary of that country have any authority. The vessels in question were molested in a lawful occupation on the high sejis, and were seized by vessels in the service of the United States but possessing no right whatever to molest the people of Canada or their property on the ocean. Similar outrages have b(ion committed in the preceding year, and the vessels seized then were ordered to be surrendered by tlie United States' authorities. In the present cases, therefore, the refHjtition of such acts of violence was a proceeding for which the owners of the vessels have a right to expect that Her Majesty's Government will demand and exact redress. They should not bo asked to seek that redness in the Courts of any foreign countiy whatever, and the Courts of the United States have no more cognizance of their complaint than the Courts of any other foreign country. The Committee, concurring in the above Report, advise that your Excellency be moved to transmit a copy of this Minute to tiie Right Honourable tho Secretary of State for the Colonies, and also to tho British Minister at Washington. All which is respectfully submitted for your Excellency's approval. (Signed) JOHN J. McGEE, C/erfc, Privy Council, Canada, uUj 20, 1888. ; proceedings in the honour to r Council, based , together with PRESTON. ', approved by 88. it ion a despatch ;ton, r(>lutivt' to Sea. >rred report as 'est states that of the practice the conliseated and Sir Tiionel vessels can l)e ati'vecd in the I request would ])osod upon tho )ni the (lecisiou ! obviously one !xists as to the )c forfeited. asked to take Avould involve regard to the f these vessels, Inclosure 3 in No. 148. Sir L. West to the Marqnis of Lansdowne, March 19, 1888. i [See Inclosure 2 in No. 110.] Inclosure 4 in No. 148. Mr. Foster to Sir L. West, March 6, 1888. [See Inclosure 1 in No. 110.] Inclosure 5 in No. 148. The Marquis of Lansdowne to Sir L. West. (Extract.) Government House, Ottawa, March 23, 1888. I HAVE the honour to inclose herewith, for your information, copy of a despatch which I have addressed to the Secretary of State for the Colonies* upon the subject of the Canadian sealing-vessels seized by United States' cniizers in the Behring's Sea. Should you be able to obtain any information in regard to the action likely to be taken during the present year by eruizers of the United States in the Rehring's Sea against vessels frequenting those waters, I shall be much obliged if you will put me in possession of it. Inclosure 6 in No. 148. Lord Stanley of Preston to Sir L. West. Sir, The Cascapedia, New Richmond, July 21, 1888. WITH reference to your despatch of the 19th March, inclosing a copy of a telegram which you had received from my Minister of Marine and Fisheries relative to the pending proceedings in tlie cases of Canadian sealing-vessels seized in Behring's Sea, and in reply thei'cto, setting forth the opinion of the Attorney-General that Rule X of the practice in Admiralty and Rules of the Supreme Court (1887) make it plain that contiscated ships can bo bonded pending appeal, I have the honour to tr^ l\ m [128] * See Incloiure in No. 1 14. 2 F ! I m^ 318 forward lierewith a copy of an approved Minute of tlio Privy Council conoiurring in a report o£ the Sub-Committee to whom the question was referred. I liave communicated a copy of the inclosed Minute of Council to the Socrotaty of State for the Colonies. I have, &c. (Signed) STANLEY OF PRESTON. luelosure 7 in No. 148. Lord Stanley of Preston to Lord Knutsford. My Lord, Citadel, Quebec, August 4, 1888. WITH reference to roy telegram of the 30th ultimo requesting that the Imperial authorities may urge the United States' Government to take steps for postponing the sale of the scaling schooners " Anna JJeck," "Dolphin," " Grace," and " Ada," which wore seized last year in Behring's Sea, pending the settlement of the question concerning the legality of their seizure, I have the honour to forward herewith a copy of Jri approved Minute of the Privy Council, upon which my telegram was founded. I have, &c. (Signed) STANLEY OF PRESTON. Inclosui-e 8 in No. 148. Report of a Commit Ire of the Honourable the Privy Council, approved by His Excellency the Governor-General in Council, on July 30, 18S8. THE Committee have had under consideration a telegram dated the 20th July, 1888, from the Lieutenant-Governor of British Columbia with respect to the bonding of the sealing-schooners " Anna Beck," " Dolphin," " Grace," and " Ada," seized in Bering's Sea in 1887. The Minister of Marine and Fisheries, to whom the said telegram was referred, recommends that the Imperial Government be moved to request the interposition of the United States' Government to have the sale of the condemned vessels postponed pending the settlement of the question as to the legality of their seizure. The Committe submit the above for your Excellency's approval, and advise that your Excellency he moved to communicate by cable to the Colonial Secretary the request of the Lieutenant-Governor of British Columbia, and to urge upon Her Majesty's Government the necessity for immediate communication with the United States' Government with a view to save from further and disastrous loss the owners of the condemned vessels. All which is respectfully submitted for your Excellency's apprpval. (Signed) JOHN J. McGEE, Q/erfc, Privy Council, Canada. Inclosure 9 in No. 148. Lieutenant-Governor Nelson to the Hon. C H.' TVtpper. (Telegraphic.) Victoria, British Columbia, July 20, 1888. THE following sealing schooners, seized in Behring's Sea in 1887, " Anna Beck," " Dolphin," " Grace," and " Ada," are now being taken froin Sitka to Port Townsend, Puget Soimd, to be sold by United States' Marshal of Alaska. Judge of District Court of Alaska has refused bonding to owners, giving as reason application too lat^. Under present circumstances, owners willing' and anxious to bdtid VdsAibtsYor^&pp^ised valU68: — "Anna Beck,'' 2,660 dolhirs ; " Dol|>Mn," 7,760 ddlare; "Gi^iJef," lO/4e4'a»llttk{ "Ada," 2,900 dollars 5 or, pending settlement of qu^ion, hdVeiMi pbfcttiotifedl' Wftl' Dominioii GoverriiWBtvt ta3«i nefceSBary steps to secUte if po^sMe lrom'''UMftei4'^W' Govemtoent that this t\rralilg Oovi'mor-Gcneral of Canada, with a Minute of his Privy Council on the proposal made by the United States' Qovommont for the establishment of a close time for fur seals in Beh ring's Sea. With reference to Lord Knutsford's suggestion that the Government of the United States should make some modified proposal, I am to request that you will inform his Lordship that liOrd Salisbury has recently had a long conversation with Mr. Phelps on the subject. Mr. Phelps stated that his Government were "v^'y anxious that an agreement should be arrived at as soon as possible. The difficulties felt on the subject by the Government of the Dominion were pointed out to him, and ho was informed that, while the scheme was advantageous to the industries of the mother country, considerable apprehension was felt in Canada as to its possible effect on colonial interests. Lord Salisbury added that he was still sanguine of coming to an arrnngement, but that time was indispensable. I am, &c. (Signed) P. CUllRIE. No. 155. Sir L. West to the Marquis of Salisbury. — {Rei ived October 1.) My Lord, Beverly {M(Lsmchusetts), September 13, 1888. WITH reference to my despatch of the 16th ultimo, I have the honour to inclose to your Lordship herewith copy of a note which I have received from the Secretary of State, together with copy of the con"esj)oudcuce which accompanic^d it, relative to the sale of certain British vessels seized in Behring's Sea, which sale had, at your Lordship's request, been postponed, and to request your Lordship's instructicms as to the answer to be returned. I have forwarded copies of this correspondence to the Governor- General of Canada. I have, &c. (Signed) L. S. SACKVILLE WEST. Inclosure 1 in No. 156. Mr. Bayard to Sir L. West. Sir, Department of State, Washington, September 10, 1888. REFERRING to previous correspondence in relation to the sale of the four British vessels condemned for taking seals illicitly in Behring's Sea in 1887, 1 have the honour to inform you that I have received a communication from the Acting Attorney- General of the 3rd instant, in which an expression of my views is requested upon the propriety of an immediate sale of the vessels in view of certain statements made in regard to them. As an order for the postponement of the sale and the bonding of the vessels was issued by the Department of Justice in compliance with the request of Lord Salisbury communicated to this Department, I inclose herewith a copy of the letter of the Acting Attorney-General, together with its inclosures, and will be glad to learn whether, in the light of the facts now disclosed, it is still the desire of his Lordship that the sale should not be proceeded with. I have, &3. (Signed) T. F. BAYARD. M^ 1 ■>f 1 I) m Bt J- . !. I'' I .1 ■^ I" ; 222 Inolosure 2 in No. 165. Mr. Jenks to Mr. Bayard. ^ Sir, Washington, September 3, 1,888. I HAVE the honour to send you copies of letters of the 28rd and 25th ultimo, from Mr. Atkins, United States' Marshal for the District of Alaska, and to ask for an expression of your views upon the propriety of an immediate sale of the ressels men. tioned hy the Marshal on consideration of the statements he makes in relation to iLom. ' 'iiv !'».; ■; ; . >. ■■ .; .■■'■•• - •:■•; I have, &c. (Signed) G. A. JEHKS, Acting Aftorney-General. Inclosure 3 in No. 155. Mr. Atkins to Mr. Jenks. Sir, Seattle, Washington Territory, August 23, 1888. IN reference to the four condemned British vesbels now in my custody, I have the honoiu; to report : — That the owners of the schooners " Anna Beck," " Grace," and " Dolphiu " claim that the appraisement made at Sitka one year ago was at the time excessive, and that their value on account of the inclement climate of Alaska has in the meantime heen constantly depreciating, and therefore decline to bond them at such appraisement, hut request a new appraisement, which, if not granted, they desire the sale to proceed. The owner says, however, that he will furnish satisfactory bonds for tl?p schoouor " Anna Beck " at her present appraised value if it can be effected, subject to a final settlement of the matter and without the expense of an appeal to the Supreme Court. Having myself a practical knowledge of the value of such property, I fully coincide with the claimant thit the valuation put on the schooners "Grace" and "Dolphin " at Sitka was excessive. The schooner " Ada " is owmK'. and registered at Shaughae, China, and her owner, whoever he may be, has not yet made any claim or appearance. Ill the meantime, the vesselw are remote from my district, thus greatly increasing the responsibility of theiv safe custody, and the cxponsc thereof constantly increasing. I desire to be instracted^ In case vcsjols are not soon sold n* bcmdcd, what further action to take in reference io returning to my district and leaving the >idsels in charge of a special deputy. I liave, &c. (Signed) BARTOiN ATKINS. Inclosure 4 in No. 155. Mr. Atkins to Mr. Jenks. District of Alaska, Office of United States^ Marshal, Sir, Portland, Oregon, August 25, 1888. IN view of the present situation relative to the British vessels in my custody now moored at Port Townsend, Washington Territory, I beg leave to state as follows : — That all of said vessels, owing to the length of time they have been out of coiumission, are in a dilapidated condition, and their depreciation in value is constant and i-apid. That tliey are small in size, the combined tonnage of the four being only 219 tons. That the owner of the " Anna Beck," " Grace," and " Dolphin," Captain J. D. Warren, of Victoria, British Columbia, has notified me that ho prefers that the " Grace " and " Dolphin " should be sold witlicut further delay, and the " Anna Beck" also, unless ho can bond that vessel withov.t instituting an appeal to the Supreme Couri,, or making the journey to Sitka for that purpose. That if longer held in custody, thej will have to be removed from Port Townsend to some place secure from the fall and winter winds, for permanent moorings. All of which beenrequ Idol not bonde Townsend, My Lord, WITH honour to alluded to United Sta Sir, WITH Marquis of Her Majest seized in B( I am Knutsford, to the inqui vessels seize Sir, WITH Knutsford 1 of ielegrapl bonding of i Lord K Majesty's 1! the course n (Telegraphic WITH relative to I 223 of which will be attended hy much greater expense comparatively than has heretofore been required for their safe custody. I do not hesitate to recommend that, in interest of aU concerned, the vessels, if not bonded, should ho sold viohout delay. It is my purpose soon to repair to Port To\rnsend, there to await Department orders. I have, &c. (Signed) BARTON ATKINS. ■ : ! V M No. 156. Sir L. West to the Marquis of Salisbury.— '{Received October 1.) My Lord, Beverly (.Massachusettc^, September 15, 1888. WITH reference to your Lordship's despatch of the 1st instant, I have the honour to inform your Lordship that the appeal in the case of the " W. P. Sayward," alluded to therein, has not yet aven been doc^^eted in the Supreme Court of the United States. I have, «&c. (Signed) L. S. SACKVILLE WEST. No. 167. Foreign Office to Colonial Office. Sir, Foreign Office, October 2, 1888. WITH reference to your letter of the 10th August last, I am directed by the Marquis of Salisbury to transmit to you copies of a despatch, and its inclosures, from Her Majesty's Minister at Washington on the subject of the British sealing-vesscls seized in Bchring's Sea.* I am to request that, in laying Sir L. West's despatch before Secretary Lord Knutsford, j )U will move liim to inform Lord Salisbury what reply should be returned to the inquiry of the United States' Secretary cf State with regard to the sale of the vessels seized. I .am, &c. (Signed) P. CURRIE. No. 158. Colonial Office to Foreign Office. — (Received October 9.) Sir, Downing Street, October 8, 1888. WITH refewmca to your letter of the 2nd instant, I am directed by Lord Knutsford to transjnit to you, to be laid before the Marquis of Salisbury, copies of telegraphic (iorrcspondence with th(; Governor-General of Canada respecting the bonding of the vessels seized last year in Behring's Sea. Lord Knutsford would be glad if instructions coiUd be giv.-n by telegraph to Her Majesty's Minister at Washington to pri>pose to the Unlod States* Government the course recommended in Lord Stanley of Preston's telcgi.im of the 6th instant. 1 am, &c. (Signed) llOBERT G. W. HERBERT. Inclosure 1 iu No. 158. Lord Knutsford to Lord Stanley of Preston. (Telegraphic.) .-. . DowniAig Strfet, Of/ofrer, .4,, 1688., ,., WITH reference to Mr. Bayard's note to Sir L. W(;st o^ t^ie lOtli September , relative to Behring's Sea seizures, what ansv. oi should be retumea ? -'i^l :I •u-^.r • ,*fo. \6S. if'* i y 1 1 1 ;il ? i li' M •I ? 224 Inclosure 2 in No. 158. Lord Stanley of Preston to Lord Knuttford. (Telegraphic.) * October 6, 1888. RECOMMEND that United Slates' authorities he moved to authorize the reappraisement of "Grace" and "Dolphin," and in case of " Anna Beck" to accept proposed bonds of owner, subject to final settlement of matter. No. 159. The Marquis of Salisbury to Lord Sarkville. (Telegraphic.) Foreign Office, October 10, 1888. IN reply to your despatch of the 13th ultimo, I request that you will move United States' Government to authorize reappmisement of " Grace" and " Dolphin," and to accept proposed bond of owner, svbject to final settlement of matter, in case of "Anna Beck." No. 160. Foreign Office to Colonial Office. Sir, Foreign Office, October 10, x88b. 1 AM directed by tlie Marquis of Salisbury to acknowledge the receipt of your letter of the 8th instant, on the subject of the British vessels seized in Behriug's Sea. I am to state to you, in reply, for the information of Lord Knutsford, that a telegram has this day been scnit to Her Majesty's Minister at Wa bington, requesting him to move the Government of the United States to authorize tl. e reappraisement of the "Dolphin " ajul " Grace," and to accept the proposed Iwnd O'' the owner of the " Anna Beck," subject to a final settlement of the matter. I am, &c. (Signed) .TULIAN PAUNCEFOTE. No. 161. Sir L. West to the .\farqvis of Salisbury. — {Recrirrd October 12.) My Lord, Beverly {Massachusetts), September .10, 18S8. WITH reference to my despatch of the 13th instant, 1 have tlie Iwiiiour to inclosa copy of a furthtu- note which I have received from tlie Secretary of State, relative to the four Briti&l' seah;i"s ecmdemned for taking seals in Bcliring's Sea, and requesting a decision in regard to the disposition of them. I have forwarded copy of this note to the Governor-General of Canada. I have, &c. (Signed) L. S. SACKVILLE WEST. Sir, Inclosure in No. 101. Mr. Bayard to Sir L. West. Department of State, Washington, September 27, \HHS. RECURRING to tlie subject of th(> four British vessels condemned for takini,' seals illicitly in IJehring's Sea in 1SS7, 1 liave tlie honour to inform you that \ have received from the Acting Attorney-General a letter, dated the 2(!tli instant, inclosiiiir copies of letters from the United States' Attorney for Alaska, and the United States' Marshal for Washington Territory, of the 7th and' 10th instant respectively, in relation to the same matter. The four vessels, the scliooners "Grace," "DolpJiin," "Anna Beck," and "Ada,' have been transferred by the United States' Marshal for Alaska to the custody of tbn 226 United States' Marslial For ■WashirijU'ton Torritoiy, and i\iv. Jiow at Port Towusend, subject to instructions from tlio Department of .lusTiee toueliinfi; their sale or other disposition. The Department is informed that none of the vessels liave been bonded, and that the owners of three of tliem have refused to take that step, on. the sfrouud that their appraisement was too high. As tiie seasoji advanees, the ] robability of realizing a fair price for the vessels will dijniuish, and the expenses incident to their retention by the Afarshal are necessarily accruing. These considerations make it proper that a decision in regard to the dis])ositiou of till' vessels should sjjcedily be reached, and I have the honour to lequest that if it is desired to postpone the sab; still further, the Pepartment may be assured at an early day that an arrangement will be made; whereby the vessels may be saved from becoming a loss. I have, &c. (Signed) T. F. BAYARD. . No. 102. Voieiyn Office lo Colonial Office, Sir. Forrifjn Office, October 13, 1888. WITH reference to my letter of the 10th instant, I am directed by the Marquis of Salisbury to transmit to you u copy of a despatch from Her Majesty's Minister at Washington,* inclosing a note from ilr. Uayard, requesting a decision as to the disposition of the four sealiug-schooners " Grace," "J)olpbin," "Anna Beck," and "Ada." I am to r(!qu»«t you to move Lord Knutsford to cause Lord Salisbury to be iufnrnied what reply should be returned as to the " Ada." llcr ilajesty's .Minister at Wa.diingtou has been already communicated with by telegraph in regard to the other thieo vessels, as you were informed in my letter above referred to. I am, &c. (Signed) JULIAN PAUNCEFOTE. No. 163. Colonial Ojfice It Foreujn Office. — (Recrivei/ (Aioher 22.) Sir, Downimj Utreet, Orl-itn- 20, 1 888. I AM directed by J^urd Knutsford to acknowledge the receipt of y -iir letter of the IKli instant, inclosin;'; a cojiy of a despatch from Her Majesty's Minister at Wasliington.t stating that the appeal in the case of the " W. P. Sayward " has not yet been docketed in the Supreme Court of the United States. In your letter of the 1st ultimo, it was stated that before taking any action on the Minute of the Canadian Government, inclosed in the despatch from Lord Stu ley of I'reston of the 2(ith July last, Lord Salisl)ury had instructed Her Majesty's Minister at AVashinglon to state when the appeal to the Supreme Court in the case of the 'W. P. Sayward " was likely to come on, and to report generally on the progress of the case. As it appears from the ansuer now r(^ceiv(;d from Sir L. West that there is likijv to be considerable delay in this casi', Lord Knutsford would be glad lo be informed whether, in Lord Salisbury's opinion, action should not now be taken on the Minute of the Canadian Privy Coimcil referred to. I am, &c. (Signed) .TOHN BRAMSTiJN. -- - — ' ■' — : . -■ :■ [12SJ • No. 101. \ No. 15U. 2 G : I i i 1 ii m floloMiii O/firr Id Foreii/n 0/ficc. — [Uaccivcd OcMW-c *i(>.) SiK ' , linmhij «»-p>/; Or?o^(>r 25, IShs. ^Vltll ivIVriMCM' li) Hu« l(>tti>f I'nmi tills bcpartmcMil oV ilio Mill liisiiili^, ri'sjWtiiii; tlic liomlinn' ol' I'cilaiii vessels seized l;isl yc'ir in llclirinEf's Soa, 1 (liii directed liv \,s]ialeli fruiu lli(> (lOvcrnov-deneral ol' Coiada on llie siil)j(>ci. As (lu^ ))aj)ers I'orwanled liy l Sir Moilel Wesl. dali'd llu^ I'ltli Se|ilt>n\l)er lasl (iiicl(is(vl in your ieder to (liis Deparl nient ol' the 2nd in ':in(\ so I'av as (•()n(M'rnK llie si'liooiicr " Ada " Lord iMuilsl'iird lias telen'iMiiMed to llie ( ioveriior-(ieiu>ral of (!an!i(la with ivference lo yoiir letter ol llie |.'5lli iustanl, askini;' what r(>|)ly should he rotiirneil in rcii'ard to that vesstd. I am, (fcc, (Sinned) .lOli.N MKAMSTn.N, liudosiire I i ; \o. itil. liord Sldiihi/ of rrrsioii io Luril Kiiulsf'nnl . My Ijord. (tdirniiiii III Itoime, Oltoirii, (hiolwr H, liiXS. U'lTll referenee lo your 1elessed I o Sir Ijioiiel West, emeiaite' acojiy ol' an .approved Minute n' my Privy ("'onneil dealintr with this snlijecl. I ha\e, iVc. (Si-iicd) STAMJ;\ OF I'KES'l't )N. Ineio.sure 2 ill Is'o. Kit. Liirtl ,'>linilri/ (if Prcsliiii lo Sir I,. W'csl. Sir, (iorrniinriil Ihiusc, Otiiiiid, Orlolirr >^, l.'-iS*^. I IIAA'I'I the honour to acixiiowlcd^c the rec( Secretary of Stal,(> ol' the I'liited Slat('^ with copies ol' t'oia-cspHidcnce aeiMnipanyiim' it. relative lo the hondiim' ol' the IJiilisii ships "(iraee," " Dolphin," und "Anna Ke(d\,"' which wore seized .souu; time sinci! in Behring's Sea. I now liCij' to iiudosc co|)y oi ;in api>iii\ed Minute of my I'rivy Council in relatidn to this matt(>r. from which it will l>i> seen iliat my Ministers desire that the (xoveviini'iil of the I'nited States may he moved to aiilhorize the reappraiseincnt of the schodiirb "lirace" and '• D.dphin," owin;; to tli(> fact, which is duly set, forth in the (Mirnspdii- dence aecom])anyinu' .Mr. IJayard's note, that lli(> appraisement m.'uh' at. Sitka mor(' tliaii a year since is rc^'.irded liy the owners as havinu," lieen ex<'(>ssive, and as havinj^' heeonio still more so. eims(ek." the Minute I'ccommends tiiat the Unit':.! States' tioviaainuMit may he requested to nive instructions that the jiroposod hon.is of the owner may be accepted, subject to a iiual settlement of this question. I have, \c. (Si-uod) STAX,LEY 01^ PRESTO N. Rrpnii (if (I { Till'; (J. from Sir \t. ('(ipy of a 11(1 of corrcspoii si'i/.cd in Hell The Mil tli.'il on tl|(! ;j "TheC. 1S,ss, from tl iif the sealii'ii Sen in 1HS7. referred, reeoi lidii of tli(' |iosl polled, |)( " The (U tli.'il your I'lx the l'e(|uest ol .Majesty's (Jo Stales" (Joveri (he condeniiK the ISIh .Aim follows : '■ Aelin;;' j ]10stpel|(^ IIk ! lioiiils in lieu ( The .Mini intinialioii con sale, and perm made by the I Lord Salisbur' :il S.'altle, Wa that the owut tlmt not only < Hiat the value ! ill!! meantime with the exeep iipjmiisemeiit, I ili'sired the ,sal( It further Ivpssels, the ' I value already a ■111(1 witi.oiiriie Tht' -ilinjs |ni('nt, the t/iii iio\vled!>'e of II Ivaliiatioii pu{ o The Coniiii j^ ropy of this jmoviii'^' the Til jtlie'- (iraee" ai I he given to aec 111' mat t cr. All oj.! wlii \ IS'^'^. ll til' II" (•(I Sl;ll('^ It' IJniisli • SlllCI! HI 11 I'l'liitiiiii (VeVMUlCllI sc1iO(mi'i> ;oi'i'('s])oii- liflJnit'j.i 1)011. is rf Tnclosiiro 8 ifi No. 164. Rfpnil of It CniiniiUlri' of the Honourabli; the P.riri/ Cnniiril., nppinvcil bi/ his lirri-llptin) Iho (li)riTOf!ii sci/.ed ill neiiriiii,"'s Sea. Tlie Aliiiislcr ol' .VTariri(; and i'isliorios, to wliom tli(> rthovc was referred, reports tlijit on tl|t! IjOlh 'lii;^ last ii Aliiintc! on'oiirieil was adopted as i'ollows: — "The Coiimiiltee have had under eoiisidenition a telei^ram dated the 2<)th .Inly, 1SKS, I'roni the l/ieiileiiant-Oovprnor of Kritish I'niiimhia, with respect to the hoiidini; (if the scalieu' schooners ' Aiiii.i Me(.'|i,' ' .l)oljihiii,' !(irifce,' and'vNda,' seized in Mcdiriiifi's Si'M ill 1HS7. The Minister of Marine and I'^isherii's, to whom the said tcleijrani was ri'l'erred, reeoMi mends thai |he imperial (iovcrii|n<'lit !>(! )lij)ycd to re(|iiest, the intcrposi- lioii of the United Stales' (Jovcrnment to have IIk^ saTe ' \' the coiideiiiiKul vessels )i(ist polled, neiidiii<; tin; settlement of the fjiicstipn as to the Icfjality o). their seizure. "The tJo|nnii|tee snhmjl llie ahove lor your hJicem.'ncy's apiirov^ij, and advise tliiit your I'lvcellency he moved to coniniunicatc hy Caldc' to the rolonial Siicrelury the HMpicst of the Lieiitenan. -( Jovernor of Uritisli Coliimhia, and to iii'f;c iijioii Her Majesty's (iovernment (he necessity for imnicdiati- commnnication with the United Stiiles' (lovernntent, with a vimv to saw, fj-oni furtlicr and disastrous loss th,' owners of the condenined vessels ; " and that in ri'ply to this .Mimitc a telei^rain, under date of the IHtli Aiitjiist, ISSH, was re^;c(vo(f liy your l'Jxcclleii(;y from Sir Uioncil West as I'dllows : • " ActiiiL-' Attorney (iarrison \iUH ijiven directions, hotli hy letter and t(de<,'ram, to postpone tin sale of the schooners. The A|arshal has also heen directed to rocf^ivf^ honijs in lieu of tin; vi;ssels," Th(> Minister ohservcs that copies of the correspoinhiiice referred to confirm the intimation conveyed hy tin; ahov(^ tcle!;ram, that an order for the jiostponemcnt of the sale, .'iiid perniittiiif^ the hondiii'^ of these vesselsat the valiu' already ajipraiscd, had heen iiiiide hy tlic l)e|)aitineiit of .luslice at Washiii^lon, in conipliaiic(? with (he nuiiiest of Lord Salishiiry. Suhse(pient to tin; receipt of this or(ier. the United States' Alarshal lit Scalths Washiniitcni Territory, infornied the Attoriiey-dcneral for the United States that tli(^ owners of the schooners " .Vnna IJci-k." " CJrace," and " Doljihin," claimed thiit not only was the iifipraisement made af Sitka :i year previously excessive, hut that the value of the \es fls, on account of (Ik! iindt-ment (dimnte at Alaska, hewl in thfMiieantime liecii constantly dcpreciatinn-, and tiny therefore declined to hond them, with the exception of the " i\niia Heck," at such apiiraiscmcnt, hut rc(|uested a di'w :il)))i'aisi'ni(!nt, and stated that if a lu-w ap[)i'aiscment was not allowed, the owners 1 ilcsircd the sale should jn'oceed. |l further a])pears from the same cnmmunication, that in the case of one; of the vessels, the " Anna lieck," the owner is willing to furnish satisfactory honds, at the value already a|ipraised, if this . Sir. ' ■ ' I AM till' inforn; (leiice, cop; addressed t Hehring's i My Lord, WITH roply of to-: original app aiii)i'o\-eil B( based. Report of a THE C October inst (!t!i Oetobc returned, ■', dospatch fro oHiiers of tin rocommend t spiisi' in ansv (Telegraphic. WITH "ill be infor presume it \vi Sir, ' WITH transmit to yo the (Jovernor-i ri 220 Colonial Office to Foreii/n Office. — {Heceirml Xovember 2(j.) Sir. ■ ' ' ' '" Doirniny Street, Noreiiiber 2(i,lHSti. I AM (lirecood by the Secretary of Htate for tlio Colonies fo transmit to you, fdr tlic int'ornijition of tiio Marquis ol' Salisbury, with rcfercnco to j)revious correspon* (l(Mi('e, copy of a despattih from the (Joveriior-dicncra' of Canada, and of a tcloiiirani nddi'fissed to him rcspectiui!; the case of tlie " A I'rivy ('onncil u])')n which my telegram was based. • I have, Sii-. (Signed) STANLEY OK PRESTON. Inclosure 2 in No. 10!). Report of a ('oiiiinillri' nf Ibr Honourable tbe Pricij Council, approved bi/ bin E.vcellenvij ibe Governor-General in Council on the 27th October, 1888. ' THE Committee of the Privy Council having referred the telegram of the 20th October instant (18S8), from Lord Knntslbrd, in the terms, "Referring to your telegram ()t!i October, Jiehring's Sea, aiul des])atch Stli October; what ausMer should be voturned, ■Adnr'" to the Minister of Marine and Fisheries, who is advised by a (lospatch from the Lieutenant-Governor of British Columbia that the ageat for the owners of the schooner "Ada " does not object to the original appraisement, respectfully rrcoinmend that your Excellency be moved to tel(!graph Lord Knutsford in ihe above sons(> in answer to his telegram of the 20th October instant (Signed) JOHN J. McGEE, Clerk, Privy Council. luclosure .3 in No. 161). Lord Knutsford, to Lord Stanley of Preston. (Telegraphic.) J)nwnin(j Street, Xorend)er 0, 1888. WITH reference to your telegriun of 27th Oclobcr, United Slates' Government will be informed that owners of "Ada" do not object to original appraisement. I presume it will be for owners to take any further action. No. 170. Colonial Office fo Foreign Office.— [Receired Decemlter 4.) ^ir, Downinti Street, Decfinber 3, 18^8. WITH reference to previous correspondence, I am directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a copy of a telegram from the Governor-General of Canada, inquiring whether any answer has yet been received t I'ji-*.- 2^0 from the United States' Government op tliu subject of the roappraisement of the vessels seized Inst year in Boluing's Son. Tlic tolcj;rani Ironi I-ord Stanley of the (5tli October, referred to in his present niessagi', \vas eoninuiiiicatei| to yqu ip the letter from tliis Department of the 8th of that month. Lord Ivnutsford would he glad to learn whctlier any answer has been received from t]ie Iljijled Suites' Government on tlii.s subject, and, if n()t, he desires me to suj^gest tliat a reply ^hoult| he asked for by telegraph. I am, &c. (Signed) ROJVEBT G. W. J^E^B^T. jndosure i^i Nq. 170. The M(irqu/i» of Lamdownt^ to Lord Knulsfonl. (Telegrnphic.) November 29. 1S88, H.WK you answer troni Washington relative to leappraisement of vessels "Grace." " Dolphin,"' "Anna Ik'ck," referred to in mj telegram of the fJth October? Governor of Britisl) Columbia ijrcsses for reply. No. 171. The Mnifpiis of Sallshury to Mr. Herbert. (Telegraphic.) Foreign Offire, December 5, 1888. WHAT answer from United States' Government as to Behrijig's Sea seizures referred to in my telegram o1" 10th October? No. 172. Mr. Herbert to tlie Mar(juiK of Sallshiiri/. — (Received December 5.) (Telegraphic.) Washington, December u, 1888. IN reply to your telegram of to-day, I have received no answer from United States' Government. Have again asked to-day for a reply. No.lTq. Foreign Ofice to Colonial Office. Sir, Foreign Office, December 7, 1888. I.N reply to yonvletler of the i^nl instant, 1 am directed by the Marquis of Salisbury to state to you. for tlie infr.rmation of Socrt'tary Lord Knutsford, that no reply has been returned by the I'nited Stales' (iovornment to the request that they would authorize the reappraisenunt of t!i" Britisli vessels "Grace" and "Dolphin" seized in Eehring's Sea. Mr. Herijert, wiio is in charge of Her ^Fajesty's Legation at Washington, has reported in a telegram, dated the 5th instant, that he had on that day again asked for an- answer from tiie United States' Government. I am, &c. (Signed) JULIAN PAUNCEFOTE. No. 174. Mr. Herbert to the Marquis of Salisbury. — (Received December 11.) ^^^ Lonl, Washington, November 30, 1888. '^' H-X^'^E the honour to acknowledge the receipt of your libri^sliip's telegram of tjie '2'2nA, and to 8|ate that Mr. Bayfird, in reply to my communicaf.ioo, that the owners ?^w 888. ilegram owners m of the "Ada" did not object to tlie oii£>inal appraisement, has informed me that the Attorney-General has been made acquainted with their decision. T have, &c. (For M. H. Herbert), . .: (Signed) AllTHUR HERBERT. Xo. 17.'). Mr. Herbert to tfie Mar'fjms of Std'isbury,— {Receive'ii. i)ecp|/i&pr ^4.) My Lord, W^oshinr/loii, DfCeiiilwr 12, 1888. ON the recc'ii)t of your Lordsliip's teloiirfim of the otli instant, I immediately wrote to Mr. Uavard pressiiisf for a reply to Lord Sackville's note of the 12lll bctober on the subject of the re-nppraisemenl of thi^ ISvitisli sealers si>izetl in Behrihg's SeA in 1887, and f liave now received a note from him, copy of whicli with its iiidosures T inclose lierewith, in wliich he states that ho has been informed bv the Attorney-trOitbt'ttl that orders weiv given on the i 4t!i ultimo for (lie sale of tlio vessi'ls lU (juestioii, bilt that he has not yet heard whether the sale has been etfected or jiot. As soon, however, as ho is informed by the Department of Justice lie will duly advlso me as to what has taken place. I have sent a copy of Mr. Bayard's note to tlie Governor-txeneral of Canada. I have, &c. . (Signed) MICHAEL H. HERBEfe'J'. Sir, Inclosiire 1 in No. 175. Mr. Bayard to Mr. Herbert. Defiurtmpnt of Sl(i^«, tVashinytoni December 16, lS^§. I HAVE the honour to acknowledge the reecint of your note of the ."ith instant, in which yitu call attentioii to the note of Ijord hackville of the IJtli October last, in relation to the appraisement of three of tlie four British schooners seized and condemned for illicitly taking seals in Behring's Sea in 18S7. 'file note reterrcd to was at once comihuiiicatell to the Department of .iustice with a reipiest ibr jiii opinion on the ([uestion of re-appraisement. SoiiK! lime previously, upon the request of ihc ^laniuis of Salisbury, the sale ot the schooners had Iteen stayed by this Government in oriler that full opportunity mi^ht be given to their owners to make some arraiigemehts thereby they might, become repossessed of the vessels. On the 1 Ith October, the day jirecediug the date of the note of i.onl Sackville above referred to, the Attorney-General wrote to this l)cp;iriniont a letter, copy of wiiicii is inclosed, in which he intimated an opinion that the interests of !)otb the United States and the claimants would he best hubsorved by a speed;; -ale of the \essels. By this letter it appears that, altliougli tiie schooners had long .^iiice been condemiial, no claims had been tiled l>v their owners and no bonds given lor costs. Nevertheless, the Depart- ment again consulted the Department of Justice in regard t() the proposition contained ill the iioti! under date of the liHh October. Under date of the 20tli October last a reply from the Attoriiey-tieiieral was received, copy of which is inclosed. To this I made answer on the 27th October, expressing my cojicnvrence in the view ot the Attorney- General, that, under the circumstances, the wiser course for all concerned was to let the sale of the vessels take place at once, as delay seemed impracticable, and coidd only be productive of loss. On the 14th of last month the Attorney-General inforined that he had that day ilirected the United States' Marshal in charge of the vessels at Port Townsend, Washington Territory, to take the necessary steps to eliect a sale of the four vessels as speedily as possible. Since that time no correspondence on the siibject has taken place with the Depart- ment of Justice except a request from this Department on the 17th ultimo that it might be informed of the proceedings of the Marshal uuder tlie order above stilted. Wheii a response to this request shall have been received you will lie duly advised of its boutents. 1 have, Ike. . >, > (Signed) t. i\ BAYlRb. ii — ' 11 r| i h I itiSki' I i •I 812 . Inclosure 2 in No. 175. Mr, Oar land to Mr. Bayard. Sir, Di'jiiirtiiient oj Junlici; Wanhlnijlitn, Oitober 20, 18S>^. BY your coitimuniciition of the ITtli October, isss, you requested an expression of my views on the arranj^ement proposed hy the British ( iovernment in regard to the disposal of tlie vessels " Grace," "Dolphin," and "Anna Beck." The arrangement refeired to is that tlie United States authorize a re-appraisement of the schooners " Grace " and " Dolphin," and that instructions ho given in the case of the " Anna Beck " tliat homls of the owner may he accepted subject to the final settlement of the question. 'i'he libels against the vessels were submitted on the stipulation, dated the 10th day of September, 1887, by M. W. Drake on behalf of the masters, they were, on or about the 3rd day of October, 1887, after hearing condemned, and in pursuance of the terms of the stipulation, wore ordered to be sold at Port Townsend. The time for appeal to the Supreme Court of the United States has long since expired. On the 26th day of August, 1888, the United States' Marshal for Alaska reported "that the owner of the 'Anna Beck,' 'Grace,' and ' Dolphin,' Captain J. W. Warren, of Victoria, Britisli Columbia, notified me (him) that he prefers that the ' Grace ' and 'Dolphin' sliould l>e sold without further delay, and the 'Anna Beck ' also, unless he can bond that vessel without instituting an iippeal to the Supreme Court, or making the journey to Sitka for that purpose." Tlie aggregate tonnage of the throe vessels, with the " Ada " (for which no owner has been heard froiu), is l)ut 279 tons. The vessels, if not sold, will soon be substantially valueless. If atteuipt be made to keep them over winter a total loss may result. I therefore adhere to the views expressed in my former communication, thtit the interests of all concerned will be best subserved by an early sale, and earnestly hope I may receive a prompt communication from ^ u concurring therein. Very respcx-tfuUy, (Signed) A. H. GARLAND, Attoruey-General. Inclosure 3 in No. 175. Mr. Grant to Mr. Garland. District of Alaska, Attorney-General's Office, Dear Sir, Sitka, September 20, 1888. MARSHAL returned from Port Townsend says no vessel wan bonded, and now the parties have concluded not to bond, and want the sale to go on, hut 1 shall instruct the Marshal to await instructions from you. How long shall I wait for the parties to act: No owners have appeared on the record ; the record does not show who they are. No claims are filed, or bonds for costs given. The cases were submitted on the agreement signed by Mr. Drake for the masters, and on bis demurrer as Representative of Canadian Government. Ycrv ) espectf ully, (,Sigi;od) WHIT. M. GRANT, District Attorney. Inclosure 4 in No. 175. In the District Court of the Territory of Alaska, The United States v, the British Schooners "Dolphin," "Anna Beck," "Grace," and " Ada.' IT is hereby stipulated and agreed upon between the plaintiffs and the masters of the defendant schooners that the demurrer filed in the matter of the information against J. D. Warren, and the agreement there " , shall apply to the libels filed or to be filed against the above vessels. It is further stipulated and admitted as a fact that the masters of the above-named vessels did kill seals during the month of July 1887, in 28S that portion of Uehrinn;'H Sea claimcil by t!ie United States uniier tiie 'I'rcaty of 1867 l)ctween llussia and tlio Unitod States, and beyond the limit of 10 miles from any land. It is further stipulated that in ease the vessels or any of them slmll be condemned, by any order of tlie Court, that the same shall not be sold until the expiration of three months from the publie.ilion of any order orderinjj sui-h sales, and that su<:h sales shall take place at Port 'I'owiisend or some other point on Puget Sound. it is I'urther stipulateii that the defendants may give security for appeal to the Supreme Court of tiic United States, or such other Court as may have jurisdiction, by bonds of any qualilled bondsmen in Washinj^ton 'i'erritory, Oregon, or Caliibrnia. Upon the question of facts thus ajireed upon, the parties submit the cases to the Court upon the law ([uestion raised by the demurrer. On bchair of the Masters of the above schooners. (Signed) M. W. DlJAKE. (Signed) A. K. DELANEY, Attorney for the United Htutes. Heptember 10, 1887. Inclosure 6 in No. 175. Mr. Garland to Mr. Bayard. Sir, Dopfirtmi'iif nf .Jiis/icc, Washiiiijton, October 11. 1888. I HEREWITH inclose copies of eoimnuniciitions received from \\. M. Grant, United States' Attorney for Alaska, from the facts submitted by him in connection with those contained in my letter of the Sflth September. I submit whether it will not be expedient, and for the best interests both of the United States and adverse claimants, if there be such, that the vessels referred to be speedily sold. An answer is desired at your earliest convenience. Very respectfully, (Signed) A. H. GARLAND, Atton'cii-Genend. if I si No. 176. Mr. Herbert to tha Marquis of Salisbury. — {Received January 2S,) My Lord, Washington, January 8, 1889. I HAVE the honour to report that Mr. Hoar introduced a Resolution in the Senate on the 3rd instant , asking for any correspondence that may have taken place with Groat Eritainin r(>i;'iud to the scal-iisheries in or near Behring's Straits, ospocially as to the seizure or release of any Uritisli vessels by tlic United States ; and also askir^g for information as to the Regulations governing the fisheries wliich Ir.ive been adopted by the United States' Government. Mv. Hoar alleges that tliero have l)eeu, and still are, widespread complaints of unjust discrimination made against American vessels in those waters, and that while they .nre not permitted to take seals out at sea, which is perfectly ])ro])cr and right, no interference is made with tho operations of the ves^./^s of other countries, particularly those of Great Britain. This llesolution, which was adopted by the Seiiate, was probably prompted by the reference in the President's Message to a jiroposed arrangement with foreign Powers for the protection of fur-seals in Behring's Sea, which has aroused a good deal of curiosity here. IMie passage in question ran as follows : — " My endeavours to establisli, by international eo-opei-ation, measures for the prevention of the extermination of I'ur-seals in Behring's Sea, have not been relaxed, and 1 have hopes of being enabled shortly to submit an eii'ectivc and satisfactory Conventional project with the Maritime Powers for tho approval of the Senate." 1 will not fail to send your Lordship a copy of the correspondence asked for as soon as it is presented to Congress. I have, &c. (Signed) MICHAEL U. HERBERT. 128] 2 H 1 ,M No. 177. Tlif Mnrqui;i of Snlinbury to Mr. I'ldwanlen. — (Suhntiivre telegraphed.) Sir, Foreign OJ/ire, March 23, ]HH». MY !\(tni i'll'('<'l lli.'it rrcNidciii llin'ri.son Ims issiii'd a I'lMclaniMlion wiirniiiLr lori'ii^ii (isliin^-vt'sscls airiiinsi nitcriii^' llic walci'N of Hi'liriiiif's Sea, wdliiii flir doininion of the lliiilfd Stales, tor iiulawi'ul lisliiii},' lor fur-l)i>;irinu; aiiiiiiaiN or wilnioii. I have to r('t|iiest jou to roi)ort, to mo, by tolcprapli, Mie uxaut ti^rms ol' the Proulamution ntlernxl to. I »m, &o. (Signed) SALISBURY. No. I7H. Mr. F.ihvardes to the Marquis of Snlisbury,—{Recein'd hi/ Irlcgraph, March 2U.) My Lord. Washington, March 2«, )88'.l. I llAVK bad the bonour to inform your fiordsliiit to-day. I>y tclefjrnph, that it Proclamation was issued l.'ite ycstonhiy afternoon by the President, warniiif; all personH ajjainst cnteriii;:; the waters of lUdirinij's Soa within the (i of the Heviseil SlatnteH reiatini^ t« the killin.i<: of fur-hearing animals, and tiial, if found doing ho, tboy will bu urrcstcd uud their vessels, apparel, &c., will be seized. 1 have, &c, (Si-ned) H. (J. EDWAKDE8. No. 179. Mr. Edwardcs to the Marquis of Salisbury. — {Itcceiiied by telegraph, March 23.) My Lord, Washington, March 23, 1889. IN obcdicnec to your Lordsbip's instrnctioiifl rccoivod in your tclcf,'r.nni of to-day's date, I bad the iionour to send to von. ii\ l(dei;i;i)ili, the exact lernis of the Trcsideiit's Procl.amation issued yestord.ay afternonn, which lie issued under tlie authority f^nintcd to bini by the Act of tbo 2nd Jlareli, 1JS89, |)rovidiiiu; for tbo protection of tlio salmon fisheries of Alaska. This rroclamaiion. copies of wbicli I h;ive the bonour to iiulose, iv.nrns all persons against violating- (be laws of the Utiiled Stntes in the w.iters of .l{ebrtnf»'s Sea, with regard to killing fur-bearing ;ininials, tiu' p(r Hmdi n-Lfnlations as ,ie may preserihe, and il shall In- Ihe dnty of tiiii Secretary to prevent the killin'; oj' any liir seal, and to proviflo I'or (he cxccnlioti ol'tiie provisions of this section until it is otiierwise jirovidcd liy law, nor shall he f^rant. any special privileu'cs under this .section. Section ;t ol' the Act entitled " An Act to jiro' ide Tor the |)rolertion of ihe Salnum Fisheries of Alaska," apiirovcd Ihe Jnd March, IH'Hit, provith-s that — Section ll(r)(l of Ihe Uexiscil .Statides of the United Slati's is hend)y dcM-lared to iliehiile and apply to all lh(> dominion of Ihe Iriiled Stat4)H in the waters ol' jlehrint^''s Sen, and it siiall lie Ihe dnly of the I'nsidcnt ;it a timely si-ason in e;ich year to issue his I'roelamatiMn, and (muscIIk; . aine to hi; pidilishcd i'or one month at least in one mnv^paper (if ;iny sneh there; lie) puhliiihcd ;ii ejich llnileil Slates' port ol'enlry on llio I'liciiic: (Jo.asI, w.'irnin!^ .all persons ji-iiiinst enli-riii!^ sneh waters for the pMr|K)se of violatiny; the provisions of said section, and he shall also cause oim> or rn'H'e of the vessels M the llnileil Slates lo ililii,'enlly erni/.e s.aid w.ileis, .anil .•inisl ail persons and seize all vessels found lo he or lo h.-ive heen cn^tafjied in any violation of the LavvH of the l]nit((d Btttles therein. Now, therefore 1, IJenjamin Harrison, President of the United Htates, purmiant to the ahoV(> reeit<'d Slalutes, lie.'ehy w.arn .all ]ier«ons a-^ainst entcrinf< the waters of Bchrin';''s Sea wilhin the il(,n;'iin ( f Ihe United States for the jiurpose of violatinj^ tl|0 provisions of said section l!).'i"> \(;vised Slatufes, and I hereby proeiaim that all j)ci ons i'ouml to he or lo have l)ei n en;,'a{;ed in .any viol.ation of the Laws of the Unit(;d Stntes in said w.alers will he arresled and punished as above provided, and that all vessels so (imph)yed, their laekle, ai'narel, furniture, and earjj'oes, will bo weized and f.'feited. In te.stirnony wliereof, I have hereunto set my liand and cauKC(| tho spal of tlin (Mileil Slates to hi; ailixed. Done at the city of W^ashinj^jton. this 2]Ht day of March, 1H8!), and of the lnd(!- pendenee of Ihe United Slatd, That the erection of (buns, ])nrricades, or other obstructions to any of the rivers of Alaska, with the pur2)ose or result of preventing or impeding the ascent of salmon or ()ther anadronious species to their spawning grounds, is hereby doclavcd to bu unlawful, and tlie .Secretary of the Treasury is hereby authorized and directed to establish such regulations and surveillance as may be necessary to insure that this prohibition is strictly onl'orcod, and to otlierwiso protect the salmon fisheries of Alaska ; and every jiersou wlio shall lie Found guilty of a violation of the provisions of tliis section shall be fined not loss than 250 dollars for each day of the continuance of such obstruction. See. 2, That the Commissioner of Eish and Fisheries is hereby empowered and directed to institute an investigation into the habits, abundance, and distribution of the salmon of Alaska, as m"o11 as tbo present conditions and methods of the fisheries, with a view of recommending to Congress such additional legislation as may be necessary to prevent the im])airment or exhaustion of these valuable fisheries, and placing them under regular and permanent conditions of production. Sec. 3. That section T.).")6 of the Revised Statutes of the United States is hereby declared to include; and apiily to all tlie dominion of the LTnited States in the waters of Behiing's Sea ; and it shall be the duty of the President, at a timely season in each year, to issue bis Proclamation, and cause the same to be published for one month in at least one iu;wspa])er, if any such there ho published at each Uiiited States' port of entry 938 on the Pacific coast, warning all persons against lontering said watei's for the purpose of violating the provisions of said section; and lie shall also cause one or inore vessels of the United States to diligently cruise said waters and arrest all persons, and seize all vessels found to be, or to have l)eeu, engaged in any violation of the Laws of the United States therein. Approved March 2, 1 889. No. 18k Foreign OjHce to Colonial Office. Sir, Foreign Office, April 4, 188!), I AM directed by the Marquis of Salisbury to transmit, for the information of Secretary Lord Knutsford, a copy of a despatch from Mi-. Ed^-ardcs, Uer Majesty's Charge d'AIVaires at \V'asliinglon,* on the question of tlie sale of tlie three Erilisli vessels seized by the United Slates' authorities iu ISS7 when engaged in seal lishiug in Behring's Sea, and I am to request that you will move his Lordship to furnish Lord Salisbury with any observations he may have to olFer on Mr. Edwardes' d(!spateh. I am, &c. (Signed) T. H. SANDERSON. No. 185. Mr. Edwardes to tlie Marquis of Salishury. — {Received April .5.) (Extract.) Washington, March 25, 1889. I 1IAVI5 the honour to transmit to your Lordshi]) herewith extracts of tlie correspondencic which has been published in response to a Senate Resolution of tlic 2nd January, 1889, upon the si-al lislnnnes in Behring's Sea. ' ■* Inclosure in No. 185. Si/mcfxfroiii' Pari IV of the Message from tlie President of the United Statci of Fehvuarij 12, 18811, b^th Congress, 2nd Session, Ex. Doc. No. 10(!. Mr. Poletica to Mr. Adams. (Translation.) Washington, January 30 {Fchrnai-y 11), 1822. THE (JniliT.simied, Envoy E.xtraoniinnry and j\rini.stei' Plunipotoiitiary of His Majesty tlic Einperur of All ihc liussias, iu consuquunco of orde wliicli liavo lately reatlieJ liini, ha.steii.'i horcwitli to tiMn.«niit to Mr. Adams, Sui-retary of State in the Department of I'oreign Affairs, n jirinti'd copy nl' llio liegiilalions adoiiti-d liy llio Itussiaii-Anierican Company, and sanelioucd by llis Iniiierial JMaje.sty, relative to foreign eonimerce in the waters bordering the establi.sluuents of the said Company on tlm iiortii-wesl coast of America. The Under.-iigned conceives it to be, moreover, his duty to inform Mr. Adara.s that the Imperial (iovernnieut. in adoi)ting the ftegnlation, .supj)0.se3 that a foreign ship, which siiall have sailed t'roni ii Juiri)pean jiort after llie, 1st ilarch, 1.^2:',, or from oue of the |)orts()f tin; United States after tlic 1st July lit' the same vear, cannot hiwfuUy protend ignorance of the-:'' new measures. The Undersigned, \-c, (■^igued) I'lEltliE i)E POLETICA. luclosure 1. £dict of His Imperial MajfMy, Autocrat of All the Miissins. TlfE directing Senate niaketh known unto all men : Whereas in an Edict of His Imperial Majesty issued to the directing Senate on the 4th day of Septendier. and signed ly His !Majc> s own hand, it is tlms e.xpressed : — " (llisei\ing, IVom IJeiuirts s\ilimitied to ns, tliat liu^ trade of our sulijeets on the Aleutian Island.'' and on the nortii-wesr coast of America, ap]U)rt:(iin'!ig ur.to Kiissia, is sulijcel, because of secret ami illicit tratlic, to oppression and impediments ; and tiudiiig tliat I lie lU'tneijial canse of these dittieullius is the want of liuhs estalilishing tlie boniidarics lor navigation along these coasts, and llie onlci' nf Uiivivl eo|umi|uieatioii, as well iu tlieau places as lai the wjude of the ea.stern con.st of Siberia and llu' • No. 182. for uuiv Kurile Islands, we have ileemed it necessary lo determine these communications by specilic liCijTilations, which are liereto attached. '' In forwarding these Requlatious to the directing Senate, we command that the same be published luiveraal information, ami that tlio proper incasures be taken to carry them int(j execution." (Signed) Count D. GlJl'dllF, Minister of Fitmnccs. It is therefore decreed by the directing Senate that His Imperial JIajesty's Edict be published for the infiirnuition ol'tdl men, imd that tlie .same be ob(^yed by all whinii it may concern. [The ori,L;inal is sipied by thi; dirivtiiiL; Senate.] I'rhited at St I'etersburgh. In the Semite, the Ttli .Septendier, 1821. [On the oiitjinal is written, in the handwriting of His luiperiid Majesty, thus :] Be it accordingly. (Signed) ALEXANDiH. Kamcnnoy Ostroff, September 4, 1821. Inclosure 2. Hides established for the Limits of Navigation, and Order of Communication along tlie coast of the Eastern Siberia, tlie jiorth-western coast of America, and the Aleutian, Kurilc, and otiwr Islands. SECTION 1. The pursuits of commerce, wlialing, and fishing, and of all otlier industry, on all islands, ports, and gulfs, including the whole nf the i,orth-west ooaat of America, beginning from Eehring's Strait to the 51st degree of nortliern latitude ; also I'roni the Aleutian Islands to the eastern coast iif Sibi.'ria, a'i well as ahnig tlu' Kurile Islands from I'lchring's Strait to the south cape of the Island 'if Uruj), viz., to 45° 50' uortlu-rii hititude, are exclusively gratited to lUissian subjects. Sec. 2. It is therefore prohibited to all foreign vessels not only to land on the coasts and islands belonging to Ilussia, as stated above, but also to approach them within less than lUO Italian miles. The transgressiir's ve.ssel is subject to confiscation along with the whole cargo. Sec. 3. An exception to this rule is to be made in favour of vessels carrietl thither by heavy gales, or real want of provisions, and unable to make any other shores but such as belong to Kussia ; in these cases they are obliged to produce convincing ]iroofs of actual reason for such an exception. Ships of friendly Governments, merely on discoveri<'s, are likewise exempt from the foregoing Hide (section 2). In this case, however, they must previously be provided with passports from the Itussian Minister of the Navy. • • • « » 4 Mr. Adanis to Mr. Poletica. Sir, Department of State, IFashi'iigton, February 25, l82;l. I HAVE tlie honour of receiving your note of the 11th instant, inclosing a printed copy f)f the Eegulalions adopted by the Iiussian-Aiuerican Company, and .sanctioned by Jlis Imperial Majesty, reliUiiig to the coinnierce of fdivignev.s in the waters bordering on the establishments of that Company upun the noilh-west coast of America. I all! directed by the I'resideut of (he United Stales lo iufonu you that he has seen with surprise, ill this Edict, the i!.sserti(jn of a territorial claim on the part of Euosia, extending to the 51st degree of north latitude on this continent, and a Itegulation interdicting to all cunimcrcial vessels other than Russian, ujioii the jienalty of seizure and ccmliscation, the ap])roacli upon tlie high seas within 100 Italian miles of the shores to which that claim is made to apply. The relations of the United States with His Imperial Majesty have always been of the most friendly character, and it is the earnest desire of this ftovernnicnl to preserve them in that slate. It was expected, before any act whicli slioidd define tin; boundary between the territories of the United States and liussia on this contiiu:nt, that the same would have been arranged by Treaty between the parties. To exclude the vessels of (jur citizens from the shore beyond the ordinary distance to which the territorial jurisdiction e.xtends, has excited still greater suriirise. This Ordinance aflec'ts so deeply the rights of the United States and of their citizens that 1 ani instnicted to iiaiuire wlicther you are authorized lo give exiilanations of the grounds of right, upon principles generally recoguined by the laws and usages of nations, wldch can wari'ant the claims and Regulations contained in it. I avail, &o. (Signed) JOHN QUINCY ADAMS. Mr, Poletica to Mr. Adams. Washington, Febniari/ 28, 1822. MI?. POLETICA replied on the 28th of the same month, and, aftiir giving a stinimar)- of historical lUcidents which seemed to him to establish the title of Russia to the territories in iiuestion liy lirst discovery, said : — " I shall be more succinct. Sir, in the ox])osition of the motives which determined the Imperial fiovernment to jirohiliit Ibreign vessels from aii]iroacliing the nortli-west coast of America behinging to Kussia within the distance of at h'ast lut) Italian miles, This measure, however severe it may at lirst upjicar, is, after all, but a measure of prevention. It is exclusively direcled against the eiilpable enterprises of foreign adventurers, who, not content with exercising upon the coasts above mentioned 1^^ ! I !f i ! I 240 an illicit trade very prejudicial to tlio rights reserved cutiiely t<> IIil^ Iiussimi-Aiiiuricau Cmnjiiiny, lako upon them besides to furnish arms and auiiiiunitiou to Uu,' natives in the Kussian iMwsessiuiis in AJnerica, exciting them lilccwise in every manner to resist and revolt against the authorities there established. "The American Uovernment doubtless recollects that the inegular conduct ol" these advenlurors. the majority of whom was composed of American citizens, has been llic nlijiu't of the nmst jjies'iiiii; remonstrances on the part of llussia to tlie .{''ederal (ioveriiuicut troiu the time tliat l)ipl(iMuitic Missions were organized between the countries, 'i'lie.se rcmonslniiices, repeated at liill'crenl time: remain constantly without efl'ect, and the inconveniences to which they ought In bring a ivnioih' continue to increase " i ought, in the last place, to reiiuost you tn consider, Sir, tliiil llie. Iliissian possessions in liir Pacific Ocean c.vtend, on tlie north-west coast of iVmeriea, IVoiii iieliring's Slniit to the .5lst degree '^f north latitude, and oji the opposite side of Asia and the islands aslrain oi' tn )aniisli. Had a'ly sui'li charge been made, it would have received the most pointed attention nf this tJuvenniient, with the sinceresl iiiiil firmest disposition to iierfnrm evi'rv act and obligation of justice tn yours which cnuld have Ik'cii required, lam commanded by the. President of the United Stales to assure yon that Ibis dis|Hisiliiiii ■will continue to be (iutertained, together with the earnest desire that the harmonious relations between the two countries may be pr(.'served. Relying U]i(ai the assurance in your note of simdar dispositions rociiirocally (Milertaiiicd by Hi- Iraperial Majesty towanis the United States, the President is ])ersuaded that the ( itizcus of I hi-- rnioii will remain unmolested in the ))rosecution of their lawful conimercc, and that no ell'eet will !"■ given to an interdiction manifestly incompatible with their rights. J am, &.L\ (Sigia-Ml) .lOUN OUI^'(•^• ADAMS. Mr. Poletica to Mr. Adams. (Extract.) Wn^hington, April 2, 1822. MR. POLI'-TICA replied on the 2nd April following, .and after again endeavouring to prove the title of Russia to the north-west coast of America, from Pehring's Straits to the 51st degree of north latitude, said : — " In the same manner the great extent of the Pacilic Ocean at the 51st degree of laiilmli' cannot invalidate the right which Russia may have of considering that part of the ocean ns close. Uut ,;s the >^.. 241 Imperial Governmont has not thought fit to take advautnge of tliat right, all further discussion on tliis subject would be idle. " As to the right claimed for the citizens of the United States of trading with the natives of the country of the north-west coast of America, without the limits of the jurisdiction belonging to Russia, the Imperial Government will not certainly think of limiting it, and still loss of attacking it there." Mr, Adams to Mr. Middlekm. (Extract.) Department of State, Washington, Jiily 22, IS'JIi. FKOM the tenour of the Ukase of the 4th (IGth) September, 1821, the pretensions of the Imperial Governmciit extend to nn exclusive territorial jurisdiction from the 45th degree of north latitude, on the Asiatic coast, to the latitude of 51" north on tiio western coast of the American continent ; and they assume the right of interdicting tlie navigation and fishery of all other nations to the extent of 100 miles from the whole of that coast. The United States can admit no part of these claims. Their right of navigation and of fishing is perfect, and has been in constant exorcise from the earliest times, after the Peace of 178.3, througliout the whole extent of the Southern Ocean, subject only to the ordinary exceptions and exclusions of the territorial jurisdictions, which, so far as Kussian rights are concerned, are confined to certain islands uorth of the 55th degree of latitude, and have no existence on the Continent of America. AT the fourth Conference which preceded the .signature of the Treaty of tlie 5th (17th) April, 1824, Mr. Middleton, the United States' Representative, submitted to Count Nesselrode the following paper : — "(Translation.) " The dcmiinion cannot be acquired but by a real occupation and possession, and an intention (• animus ') to establish it is by no means sufficient. " Now, it is clear, according to the facts estal)lished, that neither Russia nor any other European Power has the right of dominion upon the continent of America between the 50th and GOth degrees of uorth latitude. " Still less has she the dominion of the adjacent maritime territory, or of the sea which washes these coasts, a dominion which is only accessory to the territorial dominion. " Therefore she has not the right of exclusion or of admission on these coasts, nor in these seas, which are free seas. " The right of navigating all the free seas belongs, by natural law, to every independent nation, and even constitutes an essential part of this independence. " The United States have exercised navigation in the seas, and commerce upon the coasts above uientioned, from the time of their ir.dcpeudence ; and they have a perfect riglit to this navigation and to tiiis commerce, and they can onl/ be deprived of it by their own act or by a Convention." Extract from Convention of April 5 (17), 1824. ARTICLE I. It is agreed t iiat, in any part of the great ocean, commonly called the Pacific Ocean or South Sea, the respective citizens or subjects of the High Contracting Powers .shall be neither dis- turbed nor restrained, either in navigation or in fishing, or in the power of resorting' to the coasts, upon points which may not already have been occupied, for the purpose of trading with the natives, saving always the restrictions and conditions determined by the following Articles. Art. 11. With a view of preventing the rights of navigation and of lisliing exercised upon the great ocean by the citizens and subjects of the High Contracting Powers from becoming the pretext for au illicit trade, it is agreed that the citizens of the United States shall not resort to any point where tlu'iv is a Russian establislunent, without the permission of the Governor or Coinniander ; and that, i'i'ei])rocally, the subjects of Russia shall not resort, without permission, to any eslulilisliincnt of the l.'niled States upon the north-west coast. Art. III. It is moreover agreed that, hereafter, there shall not be formed by the citizens of the United States, or under tlie autliority of the said States, any establishment upon the north-west coast of America, nor in any of the islands adjacent, to the north of 54° 40' of north latitude ; and that, in the same manner, there shall be none formed by Ru.-.'sian subjects, or under the autliority of Russia, .siiulh ul' the .same jiavallel. Alt. IV. P is nevertheless niiderstood that, during a term of ten year.s, counting from the signature III' the ]iri'sent Convention, the ships of both Powei.s, or which belong to their citizens or subjects, i'c'S|ii'('tiv('ly, may reciprocally l're(pu'nt, without any hiiidnuice whatever, the interior sea-s, gulfs, liaihiinrs, and creeks u])on the coast mentioned in the preceding Article, for the purpose of Hshing and tiacHng witli the natives of the country. Mr. Forstjth to Mr. Dallas. «ir, Dqiartmcnt of State, Washington, May 4, 1837. 1 REGRET to have occasion so soon again to advert to a subject connected with the claims of the Lfuited States to the right of trading with tlie natives of the country, and of fishing on the north-west ;i t rl .V. '■■;, , 'v. t-I '-- [1281 2 I il 242 coast of this continent. Ton will perceive from n penisal of the accompanyiiiR pnpern that the expiration of the IVth Articl* of the Convention of 1824 wiih Russia is not unlikely to be attended witii (lilliniltiea to our citizens frequenting that coast in ptirauit of lawful objects. The leuding features of the case, to which your attention is now invited (the particulars of wliicii are more fully detailed in the inclosed copy of a letter, dated the :J4th November last, from J. C. Jones, Consul of the United States iit tiio Sandwich Islands, to tiiis Department, and of the ])rotest to which it refers), are aa follows : — The American brifi" Loriot," Blifin, master, sailed from the port of Oahu on the 22nd Anpust liwt, bonnd to the north-west coast of America, for tlie ]iur))oso of pn)curinH Jirovisions, and also Indians to hunt for sea-otter on the saiil coast. It appears that she r- ,d;) the land callwl Forrester's Island on the 14th September Ibllowinj,', and on the ISth anchored in the harbour of Tuck(!ssan, latitude 54" 55' north, and longitude 132" 'MY west; that on the 18th a Russian armed brig arrived in the harbour of Tatcskey, latitude 54" 45' north, and longitude Ki2" 55' west; that on tlie succeeding day tiie " Loriot " was boarded by oflicers from the Russian brig, who ordered the captain of the American vessel to leave the dominions of His Majesty the Eiu|)eror of liussia ; that Captain IJlinn then repaired on board the Russian brig, where tiio same oiilers were re,i(!ated to him by the Commander ; that im the 20tli and 23rd days of the same mouth these orders were reiterated ; that on the 25th the " Loriot" was boaiiled by two armed Ixiats from the Itiissian brig, and directed to get under way and proceed to the harbour of Tateskey ; tliat on llie 27tli liie armed boats again boariled the American brig, and compelled the captain to j)roceed to Tntijskey ; tliat wlieii ofl' that place, tlie weatiujr lieing tlireateuiiij,', permission was a.sked of liie Ifussian Commmuler to enter tlus harbour with the " Loriot," which reipiest was denied, and Captain llliin was again ordered to leave the waters of Ills Imperial Majesty; and that Captain itlinn, being pi-evented from procuring su))i)iie3 or necessaries for iiis vessel, and from obtaining any Indians (lor the purpose of hunting sea-otter), was finally obliged to abandon his voyaj^o and return to tlie Sandwich Islands, where ho arrived on the 1st Noveiidter of tiio same year. The iiarbours designated in Cajitain lilion's protest by the names of Tuckesijan and Tateskey arc not laid down on any Map to wliicli I have referred, and tiie Department has no knowledge of any Ilu.ssian establishments having been formed on the north-west coast or adjacent islands in or about the latitude given for tlieso places. It will, therefore, be proper to iwcertain whether there are, in fact, Uussian Settlements at the points designated, and, if so, you are authorized to make a representation of the whole subject to His Imperial Majesty's Goveinment, comjdaining of the proceeding.i in relation to the " Loriot," which are supjiosed to '..ave been unautborizedly instigated by the Russian American Fur Company, and slating that the Tresidcnt cannot but regard tli' act a.s one of a most unfrieiuUy character, as the United States have had no ollicial or other notic< f the existence of such ostabli.sli- ments, and have not, although an application has long since been made for them, ever been furni.shed by the Russian Government with thu Regulations, consequent on the expiration of the IVth Article of the Convention, proposed to be applied to American vessels resorting to Russian Settlements on that coast. On the other hand, should there prove to be no Russian establi-shments at the places mentioned, this outrage on the " Loriot " lussumes a still graver aspect. It is a violation of the right of the citizens of the United States, immemorially exercised and secured to them as well by the law of nations as by the stipulations of the 1st Article of the Convention of 1824, to tisli in those seas, and to resort to the coast I'nr the jirijsccution of tlieir lawful connnerce upon points not already occupied. As such, it is the Presidents wish that you should remonstrate, in an earnest but respectful tone, against this gmundless assunq)tioii of the Russian Fur Company, and claim from His lm|ierial Majesty's Government for the owners of the brig " Loriot," for their losses and for the damages they have sustained, such indemnilicatiou as may, on an investigation of the case, be found to be justly due to them. I am, &c. (Signed) JOHN FORSYTH. Mr. Forsyth to Mr. Dallas. (Extract.) Department of Stale, Washinjton, Novemhcr 3, 1837. WITII reference to your remarks regarding the proper construction of the Convention of April 1824 between the United States and Russia, the 1st Article of that instrument is only declaratory of a right which the parties to it possessed, under the law of nations, without (.'onventional stipulations, to wit, to navigate and lish in the ocean upon an unoccupied coast, and to resort to such coast for tl'.e purpose of trading with the natives. No. 186. Mr. Edwardes to the Marquis of Salisbury. — {Received April G.) My Lord, Washington, March 23, 1889. WITH reference to mv despatcli of the 18th instant, to my telegram of tlie 23rd instant, to your Lordship's fclo£»ram of the 23rd instant, and to my tele- gram of the same day, I liavc the lionour to report that the Proclamation issued on the afternoon of the 22nd instant hy the President, declarin<» that all persons entering the waters of Behring's Sea within the domain of the United States for the M8 1837. of April .tory of a atioiiH, to for tl'.e 1889. of tlic ly tele- issued persons for the purpose of killing fur-bearing animals, or of violating Regulations to bo made with regard to the salmon fisheries of Alaska, shall by whidi tho Territory of Alaska was ceded to tho United States ; and it shall be the duty oi" the President, at a timely season in each year, to issue hia Froolamation, and cause the same to bo published for one month in at least one newspaper published at caoh United States' port of entry on tho Pacillo coast, warning all pcirsous ai^ainst entoring said territory and waters for the purpose of violating tho provisions of said section ; and he shall also cause one or more vessels of tho United States to diligently cruize •aid watttrs, bnd arrest all persons and seize all vessels found to bo, or to have been, engaged in any violation of tho Laws of the United States therein." Mr. Taulbee.—l would like to ask tho gentleman, in the light of his explanation, tho necessity for this llosolution at this time. Mr. Dunn. — The necessity is that the general Bill, reported by the C'ommittro to tho Houst!, has been recommitted for the purpose of considering certain amendments relating to tho reletting of the lease and the length of its term in future, and in tiie present condition of tho House, it is not at all probable that it will receive final con- sideration in time to pass the Senate. This amendment simply provides for the protection to tho herd of seals and tho salmon until there can be further legislation of a permanent character. Mr. Taulbee. — Does it have the effect of sending up the vessels named in this amendment as patrols to protect the Company which already has the control of that business ? Mr. Dunn. — Not at all. It is to protect the herd of seals and enforce tho Laws of the United States which were enacted in 1870. Mr. Taulbee. — Why can not the President do that by existing law P Mr. Dunn. — There has been a relaxation of tho enforcement of the Law heretolbre, so that unauthorized persons have concluded that the Government does not intend to enforce the Law, and not less that 150 vessels are to-day fitting out to go to Behring's Sea. They will literally cover that sea with unlawful seal-hunters armed with guns, and the destruction of seal-lit'o that will take place, and the fusilado of flre-arn^s tli.nt will occur in that sea during four months of next summer will drive every seal from it timt is not killed in the general and indiscriminate slaughter. It does not change the Law, but commands the President of the United States to enforce it. Mr. Buchanan. — And is not this method of getting seals — by shooting them in the open sea — the most wasteful method that could be devised, only about ono in five being recovered ? Mr. Dunn. — About one out of seven is recovered. The time has come when the Govcrnniont must cnfoicc the Laws for the preservation of our herd of seals with firiniu'ss and decision, or suffer an absolute destruction of the herd. Tho danger is imminent, and J hope no gentleman will object to it. It does not involve a dollar of expeiulituiv. it is useless to ])rof;e('t tiio seals on the rookeries — the islands of St. Paul and St. George — and leave tlieni to tli<'ir late in the waters of Behring's Sea, If they are left withont i)r()tection in the sea, there will soon bo none left to goto the rookeries. (Cries of'- Vote! " "Vote!") The amendment was agreed to. rii(! iiill as amended was ordered to a third reading ; and it was accordingly read tlie third time, and passed. Mr. VJuriji moved to reconsider the vote by which the BUI was passed; and also moved that the motion to reconsider bo laid on the Table. The latter motion was agreed to. I ' ^ Salmon Fisheries of Alaska. The President, pro tempore. — Reports of Committees are now in order. Mr. Sherman. — I am instructed by the Committee on Foreign Ilclations to report back the Bill (S. ;i993) to amend section 1963 of the Revised Statutes, and to provide for the better protection of the fur seals and salmon fisheries of Alaska, and for other purposes, with the House amendment, with a recommendation that the Uouso amendment be disagreed to. I ask for its present consideration. The Presiding Officer (Mr. Chaco in tho chair). — Is there objection to tho present consideration of tho House amendment to this Bill ? The Chair hears none. The title of the Bill was read. The Presiding Officer. — Does the Senator wish a Conference ? " • ''^ 249 Mr. Sherman. — i ask that tlio ametulment of tho Houso b« diaaHrucd to» and tlteo I sliall ask for a Coratnittcu of (^onferHnce, The Presiding Oj/iccr.-~li is movod by the Senator from Ohio that the Senate (lis.iifrpo to tlio nniondinont of tlio lluiise of Roproscntativcs. Mr. Morgan. — lias tliis Bill passed tho Senate ? i\fr. ShenniiH. — It is a Senate Hill which has passed the IIouso with an amend- luciit. Wo now report disagrecmenf to tho Ilouse amendment. Mr. Morgan. — And tho question is on disagreeing to the umcndmcut of tho ilouse. Mr. Sherman. — Yes, sir. Mr. Morgan. — I wish to say just this : Tliat in tho Report made l)y tho Coraraittce the riifhts of tlio (Jovcrnmcnt of tho United States were not considered, and not iiiti'iided to he considered. Wc only arrive at the conclusion that The Presiding Officer. — Tho Senator from Ohio now moves that the Sentite ask for a Conference with the Ilouse of Representatives on tho disagreeing votes. Tho motion was agreed to. it Alaska Salmon Fisheries. -f I « t ■ /n ■411 U06....^.t Ml. Dunn. — I submit the following Conference Report. . - • The Clerk read as follows : — • '^ '•• " The Committee of Conference on the disagreeing votes of the two Houses on the amendments of the Senate to the Bill to provide for the protection of the salmon fisheries of Alaska having met, after full and free conference have agreed to recom- mend to their respective Houses, and do recommend : " That tho Senate recede from its disagreement to the amendment of the House, and agree to the same, with an amendment to read as follows : — " ' Section 3. That section 1956 of the Revised Statutes of the United States is liore- liy declared to include and apply to all the dominions of the United States in th(; waters of Behring's Sea, and it shall be the duty of the President at a timely season in each year to issue his Proclamation, and cause the same to be published for one month at least in one newspaper (if any such there be) published at each United States' port of entry on the Pacific coast, warning aU persons against entering such waters for the purpose of violating the provisions of said section, and he shall also cause one or more vessels of the United States to diligentlv cruize said Avaters, and arrest all persons and [128] * 2 K m' J ■« 250 seize all vessels found to be, or to have been, engaged in any violation of the Laws of the United States therein.* " And the House agree to the same." (Signed) POINLEXTEli, DUNN, BENTON McMILLIN, CHARLES N. FELTON, Managers on the part of the Home. (Signed) JOHN SHERMAN, J. T. MORGAN, GEORGE F. EDMUNDS. Managers on the part of the Senate, The followins; is the Statement accompanying the Report under the Rule :— Statement. " The effecL of the amendment is to leave out of the House amendment the words that are descriptive of the boundaries of the waters of Alaska." (Signed) POINDEXTER DUNN, BENTON McMILLIN, C. N. EELTON. Managers on the part of the House. Tlie Oonferencii Report was adopted. Mr, Dunn moved to voeonsider the vote by which fhe Conference Report was adopted ; and also moved that the motion to reconsider be laid on the Table. Tie latter motion was agreed to. :;! Salmon Fisheries of Alaska. Mr, Sherman. — I ask tliat the action of the House of Representatives on Senate Bill 3v)93 W laid before the Senate. Thn Jlesolution of the House of Representatives was read as follows : — "In the House of Ri prpse tnlives, March 2, 1889. " Resolved, that the House concur in tlie Report of tlic Committee of Conference on the disagreeing votes of the two Houses on the amendment of the House to the Bill (S. 31)93) to provide for the protection of th^ salmon hsheries of Alaska." Mr. Sherman submitted the following lleporl, : — " The Committee of Conference on tlio disagreeing votes of the two Houses on the amendments of the Senate to the Bill (S. 3993) to provide for clie protection of tlie salmon fisheries o. Alaska having met, after full und f ree coni'erence have agreed to recommend, and do rci 'nmend, to tl' ir respective Houses as follows : — " That *he Senate recede from its disagreement to tho amendment ot the House, pad agree Lo the same, with an amendment to read as follows : — " ' Section 3. That section 1956 of the Revised Statutes of the United States is hereby declared tc include nud a[)ply to all ';he dominion of the United States in the waters oi Bf brings Sea, and it shall bo tl e duty of the President, at a timely reason in each year, to issue l.is Brcclamation, and cause the sanu; to be published lor one month ;;> at le.isi one niiwspaper (if any such theie bo) published in each United States' port of entry on tl'c Bacitic coast, warning all persons against entering said waters for the purpose of violating the provisions of said section, and he shall cauye one or more* vessels of the United States to diligently cruize said waters, and arrest all persons and seize all vessels found to be, or to have been, engaged in any violation of the Laws of the United States therein.' " And tht House agree to the same." (Signed) JOHN SHERMAN. JOHN T. MORGAN, GEORGE F. EDMUNDS, Managers on the par', of the Senate. (Signed) POINDEXTER DUNN, BENTON McMILLIN, 0. N. FELTON, *■' Managers on the part of the House. 251 The President, pro tempore. — If there be no objection to the present consideration of the Report, the question is upon concurring in the same. ' The Report Avas concurred in. No. 188. Colonial Office to Foreign Office. — {Received April 1 1 .) 8ir, Downing IStreet, April 19, 1889. I AM directed by Lord Knutsford to acknowledge the receipt of your letters of the 2i5th ultimo and .Ird instant, inclosing copies of despatches from Her Majesty's Charge d' Affaires at Washington on the Behring's Sea question.* The Proclamation recently issued by President Harrison with regard to the seal fishing in Behring's Sea appears to .aise an important question as to tiic meaning which is attached by the United States* Government to the words " all the dominion of the United States in the water of Behring's Sea," which i' the term used in the Act upon which the Proclamation is founded. Bearing in mind the interpretation which the Uniied States' Government has hitherto placed upon the dominion of the United States in Behring's Sea, it seems to his Lordship worthy of consideration whether some intimation, such as that suggested in the letter from this Dc])artmeut of the 20tli Alarch, should not be conveyed to the United States. I am, &c. (Signed) llOUERT G. W. HERBERT. ' No. 189. ) , Coloni il Office to Foreign Office. — {Received April 11.) Sir, Dotining Street, April 10, 1889, I AM directed by Lord Knutsford to acknowledge the receipt of your letter of the 4tli instant, transmitting, for his Lordship's information, ,a copy of a despatch from Her Majesty's C hargd d'Affaires at "Washington, on the question of the sale of three B'itish vessels seized by the United States' authorities in 1887, when engaged in seal fishing in the Behring's Sea. 2. In reply, his Lordship desires me to state, for the information of tlie Secretary of State for Foreign Alfuirs, that he has no observations to offer on the despatch referred to. 3. Lord Knutsford would be glad to learn what is the present position of the appeal in the case of the steam-ship " W. P. Sayward." I am, &c. (Signed) JOHN BRA^ISTON. No. 190. Foreign Office to Colonial Office. Sir, Foreign Office, April 11, 1889. I TRANSPUT herewith copies of despatches from Her iLajesty's Charge d'Ailaires at Washington, as i.iarked in the margin, r relative to t!K3 Act of the United States' Congress of the 2nd ilurcli, 188i), providing for the protection of the salmon fisheries of Alaska, and tiie Proclamation which has been issued by tiie President of the United States in pursuance of its provisions. The Act (Iwhuvs that section 19oG of the Revised Statutes of the Uniti'd States "includes and api)lios to all the domiuiou of thn United States in die waters of Behring's Sea," and directs the President, " at a timely season in eacii yea'" to issue his Pi'oclamation, warning all persons against entering the said waters for the purpose of violating the provisions of the said section," &c. That section (195G) enacts that " no person shall kill any otter, mink, marten, salde, or fur seal, or other fur-bearing ahimal within the limits of Alaska territory, or • .\os. l;a and 183. " f N^s. 179, 18C, and 187. 1 128 J 2 K 2 !' I m ! t! I m mm 1 i ijfl 262 ifl the waters thereof ;" and the Pi'psident, after i'w»5itiB» the section iii question ami the section of the Salmon Act in which it is i-eferred to, proceeds hy his Ih-ocliimation to " warn all persons against euf evins; tl»c waters of B^iring's Sea within th(> domain of the United States for the purpose of violating the |)r(inrisions of the said section lOHC, Revised Statutes " &c. I am directed hy Mar(|iiis oC Salishury to requ»*«^ ■'9aat, in layin;^' the inclosed papers before Lord Knatsl'ord, you will point out tu iin> Lordship tltat the Act aiul Proclamation, taken strictly, do no more than asinurt tUe rigtata of the United States in their territorial waters. In fact, tiic (li.s<'ussion« in '.he Sonatc an«l the House uf Hepresentatives, recorded in Tnr'losnre I. to Mr. Echv-ardes"' despatch of t'. ; 2ath ultimo, show that the majority in tin- desinsd to ^oid Uf-ionnittini;' them*lvcs hy any words in the Act to an inl. ,<: .un of the Treaty ri >' Kepresentatives aeqiWwced a- that in'*-cntion. T am. &c. (Signe* P. CL'RRIE. ■■'■l>'- ''■ The Marquis of Halisburif to Sir J. Paunrffote. Sir, Foreign Offin; April V-\, 1.-*.. WITH reference to Mr. Edwardcs' despatch of the l.'itli ultimo. 1 have to reqiu-st that you will report to mc, for the information of the Hecretar of State iw tin' Colonies, what is the present position of the appeal in tlj<' case vV tiio ateiMv.^«lii|> "W. P. Sayward," last reported on in Sir L, West's despatch of the I5th Septow^ • ' 1888. I am, &c. (Signed) SAi^SBURY. No. 192. Mr. Edumrdfg to the Marquis of fialisbury. — {KfCin-il April 1(5.) My Lord. W„.thiii.'jlon, April 2, 188!t. AL'I'HOUGH the IJill intiodoced by Mr. Dunn into the House of Representatives to amend section 196!'> of the Revised Statutes, and to provide for the hotter protection of the fur seals and salmon fisheiies of Alitska, and for other purpose*, did not ^*eonii law, I think it right to submit a Report ns to the proceedm^^s in the Hou.v whieh to')k place in regard to it, on account of its connection with *.iie Act j>a«sed on tin- '2nd March for the protection of the salmon li.shories of Alaska. The first section of Mr. Dunn's Bill related to tin. ..rasinj; to any persoi: .ir Company, by the Secretary of the Treasury, of the Tig.it to take tur-seaU on ci" n islands. The second section extended to all the waters of Pehrtftjf's Sea. The prohibitieii contained in section 1956 of the Revised Statutes to kill fur-Waring «ftinials (e.xcept to tliose authorized), and calls on tlie President to issue a Proclamat -v. every year warning' all persons against entering the waters of the iiehring's Sea for that pwipose ; and to cause vessels of the United States to police tiiose waters, to arrest all foufld in sudi illei:;il hunting, and to seize their vessels, &c. The other sections referred to the protection of salmon in Alaska waters. The Bill was refen-ed to the Committee on Merchant Marine and Fisheries, and reported back by Mr. Dunn. The Report, copy of which is herewith inclosed, is niosl interesting, and gives the result of invesUgation into the suljjeel of the fur-seal lisherirs of Alaska, and of the leases granted by the Government to ))er»ons or Companies tor the rights of taking fur-bearing animals in thosi' ] ar(s, &c. IVlr. Dunn opened the discussion on the Bill ' / reviewing (he rigiits of the United States in the waters of Alaska, which were ac .ired by the Treaty with Kussia in IStlT- Every right, every privilege, every immuni*^/ which, he said, Bussia had iiad in the territory of Alaska, the United States nov 've. Chief among tiie intere.-its accpiired by the United States by their purchase <' ..i Russia was the seal rookery of tiie Pribyleti Islands. He then went on to give an account of tlie lease held by the Ala' a Coinmercinl ComiMiny of ; amount of re\ It was m >"essels, and t their vessels s Several \ contested on that sea. Tin tlie sea, and releasing the tinns about thi However, Department h The Committe that no indulj inhabitants of iu those latitui ;i'ct all their i tlicrefore eons warning all pc existing laws ; Ihat sea. If this be seals will not contrary, it is i should be protc unmistakable ii Mr. Dingh 'bis .speech b( f Alaska t( Cviiitrover.sy tha atten)i)ted to e (Juited States v eeognized to c Several an ill' 'nst stage i( ■i I Inu •Hnio, tlu '■' / of Con; acce/ /!, and tl same ,, poit as .uTieiifin. .it of ■Ui'^ jKl'itrch. Nr. f HAA'i; «liich you call --nd ultimo for piissod by (he Ui In view of I the meaning wbic ;wds "all the (I in section .'I of 1 1 iliat (lovernmenl U'.sscls, when lish tile United State In reply, I ai tmmmf. pws 253 CoiiUMvny of the atiiOunt of seals allowed to be killed under its provisions, and of the ■ amount of revenues obtained by the United States from this territorial aequisition, It was most important, he said, that the seas should be patrolled by United States' \-es3els, and that unlawful hunters should know that if found they will be arrested and tlicir vessels seized. Several vessels had thus been seized last season, the legality of tne seizure being contested on the grounds that the United States' Government had no jurisdiction over that sea. The Courts liad sustained the right of jurisdiction of the Government over tlio sea, and their right to protect the fisheries. If there had been any leniency in lelciising the seized vessels on the part of the Executive, it was pending some negotia- tions about the Eastern Fisheries question. However, in no case iiave the rights of the United States been waived. The State department has (akcn no decision conceding that the Behring's Sea is an open sea. The Committee have been satisfied that the policing of the sea must be more rigid, and tliat no indulgence must be shown to violators of the law. The existence of the inhabitants of the Alentian Islands and of other parts in the United States possessions in those latitudes depends on the continuation of the legitimate killing of seals. Tiiey o'ct all their means of existence fnm those employed in it. The Committee have therefore considered it advisable thi'.t the President should issue a Proclamation yearly, warning all persons frcnn entering Behring's Sea with the intention of violating the existing laws ; and, moreover, he sliould be called upon to sec to the closer patrolling of that sea. If this be not done tht seal rookeries will be open to every one, and the herds of seals will not last three years. No (tovernment would wish for this result. On the contrary, it is understood that other (Jovernmcnts are more than willing that the seals slioulu be protected. Tiie United States' Government have but to be firm, positive, and miuiistakat)le in their policy. Mr. Dingley also spoke strongly in favour of the Bill, the most noteworthy portion 'his speech l)eing that in which he refers to the claim of Russia, before the cession by -f Alaska to the United States, to exclusive jurisdiction in the Behring's Sea, to the c.iutroversy that took place between E'lssia and the United States when the former ;ittemi)ted to extend that jurisdiction, and to the Treaties between Russia and the I'uited States and between Russia and Great Britain, whereby the rights of Russia were lOguized to control the Behring's Sea north of 55°. Several amendments were offered to the Bill, which was ultimately recommitted, iIk- last stage it reached before Congress expired. * s I had the honour to report to your Lordship, in my despatch of the 'imo, the House seeing that Mr. Dunn's IJill could not possibly pass before the if Congress, added an amendment to the Senate Bill (which was ultimiitely ,1' , antl the Bill was passed) in the shape of an addition of a section 3 of tlie saiiu iiort as section 2 in Mr. Dunn's Bdl, and it has been in response to this iiMiiUu..- iit of the House that the President has issued his Proclamation of tiie .: 'I ydmU. I have, &c. (Signed) H. E. EDWARDES. No. 10.'}. Foreign Office to Colonial Office. ^\r. Foreign Office, April IS, 1881). I HAVK laid before the jMarquis of Salisbury your letter of the lOlh instant, in which you cull attention to the Proclamation is^a"d by President Harrison on the -Jnd ultimo for tiie i)rotection of the fiu- seals in Behring's Sea, and to the Act recently [Hissed by (lie United States" Congress on which that Proclannitiou is liased. In vicrt' of the previous action of the United States' authorities on the .'-pot, and of ilie meaning which may be attached by the Government of tiie United Stales to the Htirds "all the dominion of the United States in the waters of Behring's Sea," employed ill section :< of the Act, lji)rd Knutsl'ord siigg(.s(s that an intim ition should he made to ilmt (loveninienf, llmt He' Majesty's Government cannot require the masters of Britisii U'ssels, when iishing in Bolning's Sea beyond the 3-mile limit, to recognize the law of the United States. ' In reply, I am to request that you will state to his Lordship that Sir J. Pauneefote, .-■ \ riti-ni m- who has been appointed to succeed Lord Sackville as Her Majesty's Representative at Washington, left London for his post on the 13th instant. It would, in Lord Salisbury's opinion, be advisable to wait until he has had time to examine into the question on the spot, and to report upon the situation, before making any communication to the United States' Government on the subject. I am, &c. (Signed) T. H. SANDERSON. Sir, I AM dire reference to yo to the Governo vessels were en ,1 '! No. 194. Foreign Office to Colonial Office. (Extract.) Foreign Office, April 18, 188!). IT will bo been, on reference to the correspondence respecting the seizure of Canadian schooners l)y 5Tiiitcd States' Revenue cutters in Bcliring's Sea, that Mr. Bayard, in a letter addressed t.) Her Majesty's Minister at Washington on the 12th Apr!!, 1887,* a copy of whicli accompanied the letter from this Department of the 5th May of that year, stated that *• the laws of the United States rejzulating the killing of fur seals have been in force for upwards of seventeen yer.rs, and, prior to the seizure of la.st summer, but a single infraction is known to have occurred, and that was promptly punished." On the other hand, Lord Lansdowne, in his despatch of the 27th November, 1880,t of which a copy was forwarded in your letter of the 4th January, 18S7, states : " This is, as far as I have been able to ascertain, tb.e first occasion upon which claims of the kind now advanced have been enforced. Sealing-vesscis from British Columbia have for some years past frequented the waters of Behring's Sea without molestation." Lord Salisbury observes, however, that, in the Minute by the Department of Marine and Fisheries, inclosed in Lord Stanley's des])atcb of the 3rd August, 1888 (of wliich a copy was forwarded in your letter of the 18th of that month), it is stated that, by tlic proposed arrangement for a close time, '• Canada would lose the enjoyment of a lucrative right long possessed, and this loss would be fatal to the prosecution of the seal industry." In Lord Salisbury's opinion it would be interesting, with a view to possible further negotiations, to know for how long, and to wli.at extent, Canadian vessels have been in the liabit of killing seals in the waters of Behring's Sea before 188G. I am to rc((uest tliat, in laying this letter l)elore Secretary Lord Knutsford, you will move him to endeavour to obtain such statistical information l)earing on these points as can be furnished by the Canadian Government. No. ion. Ctlcniul Offi'rc to Foreign Office. — {Received April 20.) Sir, ncirning Street, April 20, 1880. 1 AM directed by Lord Knutsford to acknowledge the receipt of your jotter of the 11th instant, transmitting copies of de.spatciies from Her Majesty's Cliarge d'Atfairesat Washington relative t :> the Act of the United States' t.'ongress of the *Jnd March, 1889. providing for tlie ])votcction of the salmoji lisberies of Aluska, and the Proclamation which has been issued by the President of the United States in pur.suance of its provisions. In reply, I am to atujuaint you, for the information of '.he JUarquis ol Salisbury, il:".t Lord Knut.sford, wiiile accepting the construction put upon tiie Act and i'roclaniatiy.' in your letter, would iiave beisn glad if an opportunity couid have been found of placing thai construction oliicially on record. I am, &.C. (Signed) R. H. :MEADE. * See Inclosurc 2 in No. 37 f Sec Incloiurc I in Nc. ^t. My Lord, I HAVE t copy of a lettei the extent to w in Behring's Se I should b( Marqius of Sails Sir, My Lord, IN reply to inform you tl "W. P. Saywar( it is not printed But it appi business of the four years in arr '-■ i Sir, I AM direct the information ( Department of F I am to ci Boh'ing's Sea, 255 No. 196. Colonial Office to Foreign Office. — (Received April 30.) Sir, Downing Street, April 29, 1889. I AM directed by the Secretary of State for the Colonies to transmit to you, with reference to your letter of the 18th instant, a copy of a despatch which he has addressed to the Governor-General of Canada inquiring as to the extent to which British Columbian vessels were engaged in seal hunting in Behring's Sea prior to 1886. I am, &c. (Signed) ROBEET G. W. HERBERT. 18S!). izure of Bayaid, h April, I May of ? of fur ?iziire of )roaiptly •, 1880,t ' 'I'his is, the kind for some f Marine which a t, by the ;nt of a ' the boal furliier en in the you will loiiits as 188!). of the if;! ires at U, 18S'J, aniatiou !c of its ury, r,-.t iitio.^ in ciiiii' thai AVtE. Inclosure in No. 196. Lord Knutsford to Lord Stanley of Preston. My Lord, Downing Street, April i1, 1889. I HAVE the honour to transmit to yu, for communication to your Ministers, a copy of a letter from the Foreign Office requesting to be supplied witii infornation as ta the extent to which vessels belonging to British Columbia were engaged in teal hunting in Behrings Sea prior to 1886. I should be obliged if your Ministers could supply the information desired by the Marquis of Salisbury at an early date. (Signed) ' KNUTSFORD. No. 197. Sir J. Pauncefote to the Marquis of Salisbury.— (Received May 13.) My Lord, Washington, April 26, 1889. IN reply to your Lordship's despatch of the 13th instant, I have the honour to inform you that I learn on inquiry that the record of the appeal of the schooner "W. P. Say ward " was tiled on the 3Uth October, 1888, but has not yet been printed. If it is not printed when the case is called the appeal will be dismissed. But it appears tlie case will not uc reached for call for some ihree years, the business of the Supreme Court of the United States being, as I am told, nearly or quite four years in arrear. I am, &c. (Signec i JULIAN PAUNCEFOTE. :; :: :. no. i98. Colonial Office to Foreign Office.— {Received May 15.) Sir, ' Downing Street, May 14, 1889. I AM directed by the Secretary of State for the Cok«nies to transmit to you, for the information of the Marquis of Salisbury, a copy of the Ani;ual Report of the Canadian Department of Fisheries for the year 1888. I am to call attention to the remarks at p. 241 as to the seal-hunting in Behnng's Sea. (Signed) I am, &c. ROBERT G. W. HERBERT. ! !' 250 Inclosure in No. 198. l^ETUBN bhowinn' tlie Number of Vessels, Boats, and Men engaged in the Marine Fur Fishery of Britisli Cohunbia, with the Products and Value, for the Season of 1888, Names of Vessels. Xanics of Owners. Tonnairc. Numl>er of lloals. Numlwr of Men. Xumh«r of Seals in llritish Columbia. Kumher of.HeaU in llehring's Sua. Total Numliet of Seals. Tntll Value of Seali. UnlLri. Pcrulopo .. .. ,T. ,1. Orav .. fiO 5 20 nn5 9C0 1,705 l<.O50 Mary Kile A. McLean .. (I'J 11 30 1,410 1,937 3,347 33,);o Juaiiita Hall and (Jospiil III i:i 2K 177 1,017 1,194 11, 'JW Aloniitaiii Chief n, Jacolison ,. .. •_'li fi 10 400 S25 1,225 12,.'50 Sll[) .Icisu •. .. J.S. Lc: .^2 •1 10 107 107 i,(i;o Siippliire E.H.Moroni 121 9 22 1,200 ,. 1,200 12,0(10 Viva Came ami Munsip , . B2 .) 21 KOli 2,110" 2,875 2S,;5il Black Diamonil liutman and Frank ,. HI 9 19 231 H',3 1,090 Iii.OM MiirvTnjldr J. J>. U'arraii ,, ■12 13 24 392 392 3,',I20 llcli-yon ., American 01 24 17 ,, 17 i;o friiimp'i 11. McLean .. 97 12 9 ,. 2,470 2,470 24,700 O. S. I'.iwIiT \Vm. Heudt .. 34 '} 12 230 , . 230 2,300 Aniui" C, MiKiri' ,, Clias. llackctt 112 1 22 ,, 715 715 7,150 Lilv fiiitman and Frank . , fiS ■>■! 20 93 • ■ 93 930 PaflifmiltT .. .. Came and Muilsie .. lifi 9 21 000 (150 1 ,250 12,500 AdMi- V. Itntz ,M) 8 19 392 •iJl 1,214 12,1« R'tficv OIsL'ti ,. \Vm. Olsen .. 3.1 3 13 100 500 000 C.OOU Auiiii' ,las. Latlliu .. 25 3 11 150 i,or,9 1,195 11,950 MaiTji- Mc .. .lohu Dod J . . 71 5 20 125 1,2"9 1,124 14,21.1 l-\tYiiiiiite .. .. Clias. Spring Total 79 12 27 300 1,H . 2,134 21,340 ^, ■ • •• •• •• 214,S3o Estimate i)f sliius pur :hased from Indians . , 3,500 3,.-)00 3.'], "00 si-a olter-sl. Nortli-We"*, Pacific Const I.nljus Islaud , . . . A Inska . , . . Copper Islaud , . ■Jnpnti . . . , Cape Horn , . South Sea . . . . >-> ^\r, <~ A>w YoWe, J«ne 28, 1889. I riAVE the lionoiir to inclose extracts, for your LoRlslii;>'s perusal, from the New York '■Evening Post" of yesterday, containing an intcrestin;; letter on the Beliring's Sea question. I have, &c. (Signed) VVM. LANE BOOKER. Inclosurc in No. 200, Extract from the Nevi York " Uveninrj Post" of June 27, 1889. The Bbhring's Sea Question. To the Editor of the " Evening Post." Sir, Salem, Massachusetts, June 21, 1889. SlNC'J'i the rejection of the Treaty of February 1888 with Great Britain, the ])ut)lic has iicard very little of fishery troubles on the old debatable ground of the north-west Atlantic, Init there is every prosjject that the absence— obviously a merely temporary abstnicu — from |)ublic discussion of the weli-ifiiavved bone of contention will, in a measure, bo made irood by taking up as a topic the analogous question pending between the United States and (iieat Britain concerning the seal tisheiies in tlie north Facitio, or, as our statesmen and writers prefer, for a very shrewd reason, to .say, in " Jiehring's Sea." Several Hritisb vesteis were seized in 188(i and 1887 by United Stales' Revenue- crnizcrs for sealing in Buhring's Sea (a part of the Pacilic Ocean,as I shall show presently), far outside of the <'?-inile shore belt, and these vessels were condemned by tlic United States' District Court at Sitka. So far as 1 am aware, tliere is no official publication -showing the position taken by our Government in this matter, so that we must full baek on statements in the press. The "New York Herald" of the i;3th October, 1887, pubhshed what purported to be a verhiiliiii copy of the " brief understood to have been prepared at Washington and recently filed in the Court at Sitka by Mr. A. K. Delaney as counsel for the United States' Government." The defendant's name is not given there, but obviously it is the brief' against one of the British vessels seized in 1887, and probably substantially the same i)rief was used against all of them. In a leader in the same issue the "Herald" refers to this brief as that against certain British vessels charged with violating our rights. Tiieic is 0(1 reason to doul)t tiie genuineness of this paper, and in the absence of other evidence, we may take if as a trustworthy guide to the position taken by our Government. It is there stated that the case is based on section 1 956 of the Revised Statutes of the United States, providing that "no jjcrson shall kill any otter, &e., or other fur-bearing animal, within the limits of Alaska Territory or in the waters thereof;" that the oflTence is ciiar,!:ed tobavebeen committed " 130 miles north of the Island of Ounalaska, and, therefore, in the main waters of that part of the Behring's Sea ceded by Russia to the United States." It is further stated that the defendants demur on the ground that the Court has no juris(iietion, as the alleged oHcnce was connnilted beyond the limit of a marine league from the shores of Aluska, and that the Act under which the defendants were arrested is unconstitutional in so flir as it restricts the free navigation of the Behring's Sea for tisliin!; and sealing purposes beyond the limits of a marine league from shore; that the demurrer presents scjuarely the ([uestions : — 1. The jurisdiction of the United States over Behring's Sea. 2. The power of Congress to legislate concerning those waters. Then follows the argmnent, opening as follows : — "The late of the second of these propositions depends largely upon that of the first, for if the jurisdiction and dominion of the United States as to these waters he not snslaincil, the restrictive acts of Congress must fall " This argument offers great temptation to submit it to criticism in detail, but I slial confine myself to the main issue. 259 It sttitLS that international law reeoi^nizci sois and wators of a certain kind as " land- iociicd or inland," and accords dominion and jurisdiction over tliem to individual nations. Qiiotidions from the text-hooks are then j;;iven to define the physical conditions recjuircd hy international law to constitute ;-nc!i lan-Uockcd or iidand sea. TIk se conditions may he siHiniicd up in Vattel's axiom : '"It must he entirely surri)untlcd hy tiie ti.rritor) ot' the nation claimini;: jurisdiction, anil must have no other comtnunic:iti::n with the o'jcaa than l;v aclianiicl ot'whicli that nation may take possession." .All ijerfectly true. The trouhlc is uiercly in trie " application on 't " to tht case in point. The houndaries of Ik'iu'ing's Sea are correctly given. Among them are enumerated ihe Peninsula of Kamtchatka and I'^astera Siheria, and then it is said, " It, will not he denied tliat at the time the United States ac(iuired the territory of Alaska the waters of tlie Behring's Sea wahlu;d only the shores of Russian territory ! " Precisely. l?ut, as Russia ceded to us only a pari of such ;:hores, and as she retained as her own a great part of tlietn, w'e are not in possession of all the sitorcs, and, consequently, we cannot claim " dominion and jurisdiction " over Behring's Sea under the above doctrine. Now as to the other condition shown to be the second reipusitc of a closed or landlocked sea — absence of communication with the ocean, except by a channel of which wc, as claimants of dominion, might take possession. That is a purely geographical question, to be settled hy rcfei'cncc to authentic Maps or Charts. The reliability of I he Charts issued by our Ilydrograpiiie Office at Washington will not be questioned, so let us consult its Chart No. GS, edition of May 1888, entitled "nehring's Sea and Arctic Ocean." Let us, for brevity's sake, assume, what is, however, not true in fact, that the chain of islands generally called the Aleutian, as far as they go, answers all tlie requirements of international law as an inclosing barrier. Wc then need only examine the sea to the westward of the most western of said islands, the one called Atton. The said Chart shows only two islands between Atton and the coast of Kamtchatka, and these intervening islands arc Russian territory. The respective positions are laid down in said Chart as follows : — Atton (most western United States' territory), west ex- o , , tr'-rnity of . . 52 57 N. 172 30 K. Co))|)er Island (ticnrest land eastward), south-east ex- tremity of 51 35 N. 1G8 05 v:. Co iper Island (nonh-wcst), extremity of 54 55 N. Hi" 21 !•;. He iring's Island, nearest land eastward to Copper Island , , . Point nearest to Copper Island, Capo Chitron 54 55 N. 106 37 K. Point nearest to Kamtolialka coast. Sea Lion's Head . . 55 1 6 X. 165 ■10 K. Kamtchatka, point nrnrest to lielirin^^'s Island 56 no N. lori 20 K. The usual method of nautical calculation shows the shortest distances between the above points to be as follows, to wit, between : — 183 "1 Nautical miles and Atton and Copper Island Copper Island and Behring's Island Behring's Island and Kamtchatka 183 "j Nautical miles am 27 > a fraction ove 23 J in every ease. The narrowest of these channels would admit of the passage of a fleet of over 100 vessels sailing abreast in a single line, even if deployed with a ipiarter of a mile between each two vessels ! Are these channels such as a nation can be supposed to be able to take pos- session of':^" In all other parts of the world our people have always been the strenuous champion of the freedom of the seas, and have oven claimed (sec Senate, Hep., No. 1(583, 49 Cong. 2 sess., p. 5) that straits as narrow as tiie Gut of Canso (1 to 1 \ nnlcs wide) Uuiding to seas accessible by otlier channels of sufticient width, were tree to our use. On this principle every one of the many channels b-jtween the Aleutian Islands, and eoiiiiucting the vea south of theiii with that north of them, is free to all the world. The best of all of tbcMi, til' Amnuglital'ass, is al)out 41 miles wide! Imagine the ridicule, the vials of wrath that uur put)licisls and diplomatists woidd pour out on any lui'kless wiglil who, stealing uur thunder, should undertake to prove that the Gulf of St. Lawrence, for instance, was l)y international law a liritith closed sea, landlocked and inland. And yet logically his |io,silion uuidd be intinitely stronger than ours is, for that gulf, iusignihcant in extent compared with Behring's Sea, is actually inclosed by British territory, aii'l has oidy tliree cliannels of communication with the Atlantic ! , , [128] ' '■ ' • a L J V" '»:' h'' ) 1 I, i; i f Ik t ( 260 There is a story of a naval captain who, on being overhauled by his superiors for not returning a salute fired in honour of bis flag, re|)iied that be had a whole number of good reasons lor the omission, to wit: iirstly, having no jiowdcr, niul who was tiierciipon immediately cut short by the remark, "That will do!" Yon may say the Attorney of the United States himself has rested his case on the ground tiiiit Behriiig's Sea is a liind. locked and inland sc:i. The contrary has now been deinonstratcd ; conscijucntly the niatt(!r is settled, and nobody c;ires to bear any more on so tedious a subject. But there are always plenty of good jm ople in the world to whom that would not be conclusive by any means, and who can only be convinced by having every one of the other allegations, however liopelissly involved in the preceding, or however absurd nr irrelevant in themselves, dispro\'ed separately and distinctly. These allegatioUs are, pinilv in ex|)riss terms, ])artly by implication, that (1) Beluing's Sea and the Pacific Ocean nrx separate and different seas; (2) that liebring Sea is not a part of the Pacific, and nehrini,''s Sea was the only Interior sea of the North American coast, and was held by Russia; (.'3) that Russia by the Treaties of 1824 and 182.5 (with the United States and Great Britain resi)eclively) abandoned her i)rior claim to jurisdiction over the Pacific, but did not surrender jurisdiction over Behring's Sea, and that consequently such jurisdiction descended to the United States thiough the cession to us of all Russia's rights by the Treaty of 1867. In support of these assertions, the "argument" asks triumphantly if there was a challenge of Russia's jurisdiction over Behring's Sea, why was it not settled in the Treaties • Why was a ten years' limit of mutually free navigation in the interior seas, gulfs, harbours, and creeks of each other on the North American coast accepted by the United States aiid by Great Britain, if Behring's Sea — declared by the argument to be the only interior sea- was part of the Pacific or belonged to the higli seas, and, therefore, free to all ? Why was the term inland sea used? The answer to it all is the same as that to so many other conundrums— "The boy lied." Behring's Sea was and is a part of the Pacific. The term Behring's Sea was unknown at the time the Treaties of 1824 and 1825 were made, and, therefore, was not, and could not be, used in them. When a distinctive name was employed for that sea, they called it in those days " The Sea of Kamtchatka "— the argument itself admits this by saying "formerly known as the Sea of Kamtchatka." The term Behring's Sea is absent not only from these Treaties, but from all. the prior diplomatic correspondence and from all contemporaneous writings. I could fill a page with the mere titles of the encyclopaedias, gazetteers, and geograpliical reference books, &c., published up to 1825, and lor many years after, in which 1 have looked, and looked in vain, for Behring's Sea. The name Behring, in a variety of spellings, occurs in all, as that of a navigator, of a bay on our coast (but far to the east of Behring's Sea), of an island, of a strait, but never, until long after 1825, as that of the sea, now so called. The present application of that name is of nmch more recent origin, and its general adoption has been gradual and slow ; but that this separate name should or could divest this sea of its old ([uality of forming part of the Pacific Ocean is an idea unknown to the seientitic world. Look into any lild or modern reference book, under " Behring's Sea" and '•' Pacific Ocean," and you will always find the first defined as a part of the Pacific Ocean, and this as beginning at Bebiing's Strait, thus including the first. I found but one exception to this, viz., the second edition of "Applcton's Encyclopaedia" (1873), which says that the Pacific is bounded on the nortli by the Aleutian Islands (Behring's Sea not being properly oceanic iti its charac^ci), and this is in contradiction to the definition of licbriiig's Sea, in the same edition, that being said to bo part of the Pacific. However, tile earliest ediiion ot the same work (18.58) makes tlie Pacific e.vtend from Behriiij:'s Strait to the Antarctic circl(>, and it again proves .ny assertion. Our own early oilitial Ciiarts, viz.. Pilot Charts of Lieutcniant M. F. Maury, United States' Navy (United States' IJydrograpiiic Olliec, l8.jO),sheetsNos. 2 and;}, series "A," covering the present lieiniiiij's Sea, are entitled " North Pacific;" the name Behring's Sea does not occur in them; hut on No. 2 the names of " Sea of Ochotsk " and " Sea of Saehalien " are given to those divisions of the Pacific. In the official documents and in the Congressional debates about giving aid to Perry McD. Collins (February 1802, et seq.) for his telegraph between Asia and AuiLniea v'a Behring's Stiait:>, enacie:! the 1st .July, 1SG4, Pacific Ocean is tin term generally, if not exclusively, used when reference is made to the sea now known a» Behring's. But to make assurance doubly sure, I a|)plied for an opinion on the question to the most eminent living authority in matters geographical. Professor Dr. II. Supau, editor of " Petermann's iVlitteilungen," who likewise says that all geographers consider Behring's Sea a part of the Pacific. I can submit the correspondence if desired. 261 A look at a Map or Chart of the region in question (which please to recollect eiiil)r;iccs not only the American shore north of" tlie Peninsula of Aluska, but that to the ei\st\Mii(l and southward of it, whether Russian, British, or of tiic United States) will show that so far from Buhring's Sea being the only inland sea there, this region is |)urticuiarly full of peninsulas and whole archipelat^oes of islands, and is eonsetiuently also full of interior scii8. pulfs, harbours, and creeks, and it is for that very reason that they were r.iade the subject of express stipulations in the said Treaties. No less untrue than the preceding assertion of the arguinoit about the " only iiilaiul sea" is the other, that the Treaties of 1824 and IR25 were a sort of give-and-take arraiif^c- mcnt as regards marine dominion ; that Hussia iibandoiud a jiart of it only, and had liie balance; conceded to her. Secretory Adams, in his instructions to our Minister at St. I'otcrsburgh of tbc 22nd July, 182.*^ (see American State I'apers, " Foreign Relations," second series, folio edition, vol. v, p. -K?f)), after setting forth Russia's claims as including the right to interdict the navigation and the fishery of all other i.ations to the extent of 100 miles from the coasts of Asia, from 4.')° north (round) to .51 ' north of the American Continent, says emphatically : — "The United States can admit no part of these claims. Their right of navigation and of fishery is perfect, and has been in constant exercise from the earliest times, after tlic peace of 1783, throughout the whole extent of the South Ocean, subject only to the ordinary exceptions and exclusions of the territorial jurisdictions which, so far as Russia's rigiits arc concerned, arc confined to certain islands north of the SDtli degree of latitude, and have no existence on the coast of America." And when you remember that in those days there was no such division of the Pacific between Pacific and Behring's Sea as we, or those who do the talking for us, now claim, it is i)orfeetly clear that we and Great Britain, in the respective Treaties of 1824 and 1825, carried our point for free navigation and fishery to its fullest extent by having it acknowledged therein as extending to "any part of the great ocean commonly called the Pacific Ocean or South Sea." And further to show that this was also Russia's view of the meaning of the said Treaties, let me refer to a passage in Bancroft's " History of the Pacific State," vol. xxviii, p. 583. In 1842 the Russian American Company urged the Russian Government to send armed cruizers for the preservation of Behring's Sea as a mure clausum, on account of the great extent of American whale-fishing there; but the Russian Ministry replied that the Russo-American Treaty gave to Americans the right to engage in fishing over the whole extent of the Pacific Ocean. It is hardly necessary to say anything more. To assert in the face of all this that our part of Behring's Sea is a closed sea, is nothing else than a parody on the old headland- line doctrine, a line, in this case some 900 miles long, from Cajjc Prince of Wales to Atton, and inclosing a " bay " stretching, at its greatest extent, over about 30 degrees of longitude. This may recommend itself to lovers of a " big thing," but legally and logically it is no less absurd than Russia's still longer headland-line of 1821, which Secretary Adams wiped out. Perhaps it may he pleaded on behalf of the Judge at Sitka, the Hon. Lefl'. Dawson, that he is only a District Judge, and that he was misled by the Washington brief; luit what can be said for our superior officials, the Secretaries of State and of the Treasury ? Were and nre they too misinformed on the geography, the history, and even the law governing these cases ? From time to time we have been told by the newspapers that the British vessels seized have been released, and then again that it has not been done. It seems to be all a muddle. The newspapers also say wc must, in self defence, prevent any one but the Alaska C'onuncrciai Company from scaling in Behring's Sea, because that Company pays our Government a handsom'' in it jit on the cost to us of Alaska ; that tiie seals there are all ours because bred on territory ., ' ourp, and tiiat free sealing would soon exterminate these animals. Imagine such v.rJrsi is and such untruth submitted to the Supreme Couit. The fur-seal are not !■', or even nearly all. bred on our territory. Mr. H. W. Collins, in his Report on the scai : -lunds of Alaska, published othciidly I'.s part of the United States' Census of 1880,, vol. xiii. No -12, Part VIII, says, on p. G, that they also breed on Copper and Behring's Islands, both Russian, and both leased by our Alaska Commercial Company; and on j). 113, tiiat 48,5t)4 of liiese animals were taken on these Russian i'>lands. But if the seals were all American-born it would make no difl^erence in law, as creatures roaming about the high seas are no man's property, except hi» «ho catches them. That " free sealing " might entail extermination of these creatures in the North Pacific, as it has already done elsewhere, is probable, but this gives us no right to make preventive laws, even of the mildest kind, (or others than .'\merican citizens and for '4 'M!. I',: I IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I lAilM 12.5 ut lii 12.2 £? lia 12.0 |l.25 V^IA ^ 6" ► ^ y] / ^^' y y^ ^J^ Photographic Sciences Corporation 33 WIST MAIN i^iffl^y WIBSTH, N.Y. MSSO (716) •72-4S03 localities other than our own territory. Kvcn the Washington brief admits this. Inter- national agreement, and not tlie ipse dixit of ;iny single nation, is the proper remedy, if there be one. That free sealing might, and |irobiibly would, injure linrineially an American corporation, eventually, perhaps, even our (.'ovcrmucul,, may he depionihlc, hut will not be accepted as our justification for interference with tiic rights of otlier nations, involvinj; the infliction of injustice on individual foreigners. The whole coinsc of om- Government, its action as well as its inaction, in this matter is open to severe critieisui. it looks as if, in titis matter, we repudiated all our traditional and sterling maxims of iutcriiational oblij^atious, as if we had substituted for our old trusty and trusted moral compass a new one, and that one subject to tlic most astoundins; variations, according to locality — variations eclipsing in scope any similar performance of the mariner's compass. Within certain moderate limits, there may be as good local reason for the variations of the moral compass as for those of the mariner's instrument; but an absolute turning end for end, an inversion of north and south, of right and wrong, the claim that a general principle of law has one effect here and the opposite effect elsewhere, will not be acce|)ted, in either navigation or law, by cither experts or merely common-sense people. When the captain tiuds that the card of liis compass calls timt north which the sun in the heavens proves to be the south, you cannot fool the captain into believing that compass. lie will tell you that, though the needle is as right as ever, somebody has been "monkeying" with the ivud. He will at once correct the falsification. The sooner Uncle Sam goes and does likewise in this Pacific contention the better for ull concerned, and particularly for the internutioual reputation of our country as an upright, a fair-dealing, a just people. (Signed) Robert Uayner. No. 201. Colonial Office to Foreign Office. — (Received July 27.) Sir, Downing Street, July 27, 1889. WITH reference to previous correspondence, I am directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a copy of a despatch from the Governor-General of Canada, with its inclosurcs, urging the desirability of such steps being taken as wiA secure reparation for the damages sustained by scalers of the Dominion, in consequence of the seizure of Canadian sealing-vessels in Bchring's Sea, and the withdrawal of the claim advanced by the Government of the United States to exclusive jurisdiction over the waters of that sea. As Lord Salisbury is aware that a considerable delay has occurred in the presentation of these claims. Lord Knutsford would suggest that the claims should bo presented to the United States' Government at an early date, unless there aro strong reasons of policy against this course. I am, &c. (Signed) ROBERT G. W. HERBERT. Inclosurc 1 in No. 201. Lord Stanley of Preston to Lord Knutsford. ' My Lord, New Richmond, P. Q., June 12, 1889. WITH reference to previous correspondence on the subject of the seizures of Canadian sealing-vessels in Bchring's Sea, 1 have the honour to forward to your I,ordsliip a copy of an approved Minute of my Pi ivy Council concurring in a Report submitted by the Minister of Marine and Fisheries, who deals fully with the whole (juestion of tiiise seizures, and strongly urges the desirability of such steps being ' kcii by Her Majesty's Government as shall secure full reparation for the damages sustained by Canadian sealers, and the retraction of the claim advanced by the United States' Government to exclusive jurisdiction over the waters of Bchring's Sea. ., t,/ I have, &c. (Signed) STANLEY OF PRESTON. i>> ^l.^"- ■ • -' I, ' -•}j< ■■ "«l.ill I.:,:*. ' i!,f ;■.,., '1 i/^i.i ii.. 263 Inclosure 2 in No. 201. iiO iBBRT KaYNER. Report of a Committee of the Honourable the Privy Council, approved by hia Excellency the Governor-General in Council on the 4th June, 18S9. ON a Report, dated the 27tli May, 1889, from the Minister of Mnrinc and Fisheries, submitting; tiic following resuni6 and rccotnmcndation relating to the Canadian vessels seized in or ordered away from the BehringV Sea hy United States' authorities. So far back as the month of September 188(i, the Canadian Government first called attention of the Imperial authorities to this action on the part of the United States, and in a Minute of Council approved by your Excellency on the 29th November, 1886, the desire was then expressed that immediate reparation should be demanded for such wanton and unjustifiable acts. On the 29th November, 1887, a Minute of Council was approved by your Excellency, in which the revised claims of the owners of the schooners "Thornton " and " Carolena" are stated in detail, and directing that thr claims should be forwarded to the Secretary of State for the Colonies for transmission to the United States' Qovernment. On the 20th December, 1887, a further Minute of Council was adopted having reference to the claim of the owner of the schooner " Onward " and recommending that a claim for damages be forwarded in a similar manner to the Government of the United States. These vessels the Minister is informed are still laid up on the beach at Ounalaska, and are in an advanced stage of decay. On the 30th December, 1887, a subsequent Minute was adopted by the Privy Council, having reference to the claim of the owner of the schooner " Favorite," which vessel was, on the 2nd August, 1886, while sealing in Hehring, ordered away by the United States' Revenue-cutter "Oorwin " under threat of seizure. A claim for damages was also transmitted in this case in like manner as in others. A Report was adojjtcd on the 30th December, 1887, having reference to the seizui-c of the schooner " \V. P. Snvward," 9th July, 1887; "Grace," I7th July, IH87 ; "Anna Beck," 2nd July, 1887; "■Dolphin," 12th July, 1887; "Alfred Adams," Olh August, 1887 ; and " Ada," 2oth August, 1887, and embodied the claims connected therewith which were recommended to be lorwarded through tlic Imperial Government for immediate settlement. Further revised claims for personal damages, for illegal arrest and imprisonment were lorwarded under an approved Minute of Council of ihe Tith Janu.iry. 1S88, to the Imperial Government in connection with the seizures in liie year 1886, as lollows ; — HERBERT. Hans Gutturniscii, miuitcr . Henry Norman, mate ■lames Ogilvie, niostor Jniues Ulack, mute Dnniel Munroe, master John Margoticli, mute Schooner " Tkornlon.' Schooner " Carolina." Schooner " Onward." Dollars. 4,000 2,500 2,500 2,500 'ri- 1,000 2,800 '" ' '-'f " PRESTON. The personal claims of the masters and imites tif the vessels seized in li^87 were leeommendcd lor transmission by a Miimte of Couitcii of the 12th January, hS88, as lollov.s : — Schooner "Dolphin,' -, . J. D. Warren, master Jolin Ueilly, mate Oeorgc K. Fcrcy, ninrter A. I>. Laing, mate LouiH Oliien, nia.stcr Miehael Keefc, mute William Petit, tnnsttr Charles A. Ludbcrg, mate. . Schooner " W. P. Sayunrd." < • ■ • • • • • Schooner *' ^race/* . • • • • • • •• Schooner ''Ada." | j^^; ^.^^ Uollnri. 2.(i;)5 ),0(I0 2,000 1,000 U.OOO 1. 000 2,000 2,000 1 264 One vcsspI was released on the ISth May, 1888, under a bond, viz., tlic scliodner " W. P. Sayward ;" the owners oi che other vessels (except the " Ada " for which no owner could be found) considered that the appraisement was larf^cly in excess of the value of tiie vessels. The Marshal of the United States* urt was also of that opinion, and a reappraise. nient was sought from the American Government but refused. The Minister has recently been advised that the schooners " Grace," " Anna Heck," " Dolphin," and " Ada" were sold by direction of the United States' Government on tiie 26th March last, the cargoes, supplies, and outfits of all the seized vessels bavinu; been previously disposed of. The Minister further submits that in a despatch from the Colonial Office, under date the '29th March, 1888, stating that the Law Officers of the Crown were of the opinion that " in lespect of the schooner ' Favorite,' warned to cease operations under threat of seizure, the simple question is whether the threat was intended to be put into force, and whether she bond fide ceased to fish in consequence. There can be little doubt that botii questions would be answered in her favour, and in her case also, a claim should be pressed, though the measure of damages will be different from that in the case of the other vessels and would, in the absence of special circumstances, be the actual loss occasioned by reason of tie interruption of the fishing." The same despatch referring to the cases of the " W. P. Sayward," "Grace," "Anna Beck," *' Alfred Adams," "Dolphin," ami "Ada," seized in the Behring's Sea during the season of 1887, says, upon the facts laid before the Law Officers, these seizures were, in their opinion, unwarranted, and the claims for compensation can be pressed. It may here be mentioned that in the case of the ** Alfred Adams " the circumstanccf are somewhat exceptional. This vessel was seized, and ordered by the United Statet' authorities to report to the United States' Marshal at Sitka ; instead of which the cii|)tain sailed for Victoria, thus escaping detention and loss further than that of being obliged to relinquish his sealing voyage. The Minister desires to draw attention to the concise and forcible presentation of the Canadian ease against the United States contained in the despatch from his Lordshifi the Marquis of Salisbury to f5ir Lionel Saekville West, under date the lOtii September, 1887, wherein Lord Salisbury deals with the claim set up by the late Administration of tlie United States to the authority of that country in the Behring's Sea, under the Treaty of Cession with Russia hereinafter mentioned, including those waters at a distance from land far in excess of the ordinary limit of maritime jurisdiction. The Marquis of Salisbury, in tliit despatch, remarks: "Nearly four months have elapsed without any definite informatiou being furnished by the United States' Govern- ment, as to the grounds of the seizures. My predecessor instructed you on tlic 8th January last, to express to Mr. Bayard the concern of Her Majesty's Government at the delay, and to urge the inmiediate attention of the United States' Government to the action of the American authorities in their treatment of these vessels and of their masters and crews." And again : " Her Majesty's Government have carefully considered the transcript record of the judicial proceedings in the United States' District Court, in the several cases of the schooners 'Carolena,' 'Onward,' and 'Thornton,* which were com. munieated 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 lor the condemnation of those vessels;" and concluding his despatch his Lordship further stated: " Her Majesty'': Government feel sure that in view of the considerations which I have set forth in this despatch, which you 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 crews were not warranted by the circumstances, and that they will be ready to afford reasonable compensation to those who have suffered in conse(|ueuce, and issue immediate instructions to their naval officers which will prevent a recurrence of these regrettable incidents." Three years have now almost passed since the American Government were apprised of the remonstrance on the part of the British Government against the claim set up to exclusive jurisdiction in the Behring's Sea, with practically no result other tli:in the virtual and continual exclusion of Canadian sealers from those open waters by the Government of the United States. Constant inquiry has been made of the Canadian Government as to the present condition of the claims of British subjects in Canada for the damage and loss sustained by the unjustifiable action of the United States' authorities. The Minister regrets that be has beea able to give no other answer to these inquiries 265 id a reappraise. els having beeo these inquiries than to say that the claims are still being pressed upon the attention of the United States' Government, but that no settlement has been arrived at. The Minister of Murine and Fisheries is informed that the failure to obtain satisfaction has already resulted in the financial enibarrnsMinent anil failure of Captain Warren, of Victoriii, British Columbi.., one of the owners most largely interested in the seized vessels:, while the sealing industry, so fijr ns Canada is concerned, which was heretofore prosecuted with considerable advantus;e to lahoui and cajjital, has become entirely paralyzed. He further observes that while the argument advanced by the British Government touching the rights of British subjects in the open waters of Behring's Sea has not been luet, recent expressions and actions on tiie piirt of othciuls and of the authorities in the Cnitcd Slates touching the Behring's Sea, taken with the seizures of Britisii vessels already referred to, atlurd a reasonable ground for the belief that the lievenue-cutters of the United States' Government in the waters in (juestiou will continue to treat these waters as closed. Great damage lias therefore not only been sustained, but is now being suffered, by British subjects in runsequence of their not daring to risk their persons and property in these waters in the absence, not only of a settlentont of the claims already existing, hut without any positive assurance from the British Government that, in the event of loss or damage again occurring tc them in the open waters of the Behring's Sea at the hands of the United States' authorities, ample redress will be o'otained therefor. The Minister observes that the lease granted by the United States to the Alaska Commercial Company in August 1870 gave that Company the right to take seals on the Islands of St. George and St. Paul only. It appears that it is claimed by the United States' authorities that the supply 00 these islands began to diminish in consequence of the number killed and taken in the open sea.* In 1879 a Notice was published by the Treasury Department at Washington, calling; attention to section 1956 of the Revised Statutes of the United States for the purpose apparently of prohibiting American citizens t'rom interfering with the rights of the Alaska Commercial Company under its Cont -act with the United States.f Notwitiistandi'.ig the statement in the Keport of the Committee of the House of RepresentativesJ hereinafter referred to, "that .American citizens respected the law and the publisiied Notice of the Secretary of State of the Treasury, and made no attempt to take seas," the list of seizures appended to that llepQrt§ shows that an American schooner was seizled in 1886 and seven American schooners were seized in 1887 for the violation of the section of the Revised Statutes mentioned in the Notice. The bold attempt of the United States to make Behring's Sea a wan- clnusum occurred in 188G bv the seizure of the British schooners "Thornton " "Carolena,'' and "Onward." It will be remembered that in 1887 .VIr. Bayard wrote to Sir I.. S. Sackville West referring to the Alaskan waters and the Regulations and Orders to United States' vessels to protect them as follows : — "The Laws of the United Stti'ics in this behalf are contained in the Revised Statutes relating to Alaska in sections Uu6 to 1971, and have been in force for upwards of seventeen years. "The question of instructions to Government vessels in regard to preventing the indiscriminate killing of fur-seals is now being considered, and I will inform you at the earliest dav possible what has been decided, so that British and otiier vessels visiting the waters in question can govern themselves accordingly." The Minister is not aware that any information has been communicated by che Secretary of State Department of the United States' (Jovernment as protuised, " so that British and other vessels visiting the waters in question could govern themselves accordingly," but the following Circular appears to have been issued in Washington in the year 1888:— " Treasury Deparlment, Office of the Secretari), "Dear Sir, " IVasliington,' D- C, March &, ISSS. Referring to the Department's letter to you of the 16th March, 1886, concerning th« scope of the jurisdiction of the United States over the waters of the territory of Alaska, and tile prevention of the killing of fur-seals and other fur-bearing animals within such, and as described by Chapter .3 of Title 23 of (he Revised Statutes, you are again requested to give publicity to the matter, so thai any parties who may be contemplating the fitting out * Krport No 388:^ H. K., 50 Congrrgg. Segsioii 2, Appendix (A). T Appi-mlix (f<) April 21, IS'!). X lifport Nu. fl8H3 tl. ](., Ml Cnnjrea*, Seotiou i, p. 5, Appendii (A;. S Appeiidii (C), Uabibit C. to «bove Uepurt. ■v; [1281 2 M 266 of expeditions to kill fur-seals in the said waters, may have due and timely notice of the requirements of (he Statute in the premises, as construed by the Department. (Signed) "L. H. Maynard, " Amstai.t Secretary "Collector of Customs, San Francisco, California." Attention is called to the last words of the foregoinjj (circular. The " construing of the Department " may he ascertained hy the seizures under con- sideration. The Minister would further draw attention to tiie Report of the Governor of Ahiski* for the year 1888,* wherein he argues that the monopoly of the seal fishery in Bohring's Sen will be lost if the Government of the United States does not assert exclusive jurisdiction beyond the 3-mile limit. In this Report, after expressing his fear that the British sealing-vessels will again visit the open waters of Behring's Sea, and capture seals, the Governor calls for an aniiotincf- ment of the " policy and determination of the r-'overnmcnt in the maticr of their jto- tection." Subsequently, and during the ROth Session of the House of Representatives, the Committee on Marine and Fisheries was directed "to fully investigate and report upon the nature and extent of the rights and interests of the United States in the fur-seals and other fisheries in the Belli ing's Sea in Alaska; whether and to what extent the same had been violated ; and by whom : and what, if any, legislation is necessary for tiie better protection and preservation of the same.' The Committee repoitecit upholding the claim of the United States to jurisdiction over all waters and land included in the Treaty of Cession by Russia to the United Stnte?, and construing different Acts of Congress as completing the claim of national territorial rights to cover the ojien waters of Behring's Sea outside of the 3-mile limit. The concluding portion of the Report, among other things, states as follows : — "'J'hat the chief object of the purchase of iVlaska was the acquisition of the valuahlc products of the Behring's Sea. "Tliiit at the date of the cession of Alaska to the United States, Russia's title to Behring's Sea was perfect and undisputed. "That hy virtue of the Treaty r,f Cession the United States iicquired complete tille to all that portion of Behring's Sea situated within the limits prescribed hy the Treaty. "The Committee herewith report a Billt nnikingnecessary amendments of the existing Law relating to these subjects, smd recommend its passage." Herewith appended is a copy of the Bill H. R. 12,432, introduced as directed hy this Report, together with an extract from tlie "Congressional Record " relating to the sanic § The Proclamation of the President of the United States was issued op liie 21jt March, 1889, of which a copy is appended to this Re|)ort.|| This Proclamation tiikes the place of the Notice already quoted, first recitin; section 1,96(5 of the Revised Statut''s and then section ^ of the Act, entitled "An Art to provide for the Protection of the Salmon Fisheries of Aliiska,"^[ which is as follows :- "Section 3. That section l,!)f)K ot the Revised Statutes of the United States is hereby declared to include and apply lo all the dominion of the United States in thi waters of Behring's Sea, and it shall he the duty of the President at a timely season in each year lo issue his Proelamatiim and cause the same to be published for one month at least in one newspaper (if any such there be) published at each United States' port of ciitii on the Pacific Coast warning all persons against entering the waters for the purpose o( violating the provisions of the said section, and he shall also cause one or more vessr[ the United States to diligently cruize in the said waters and arrest all persons and sei/ej all vessels found to be or to have been engaged in any violation of the Laws of the United States therein." Then follows the warning as in Appendix (marked E). The Minister desires to bring to the immediate notice of the British Government th foregoing to show that while the wrongs inflicted by the American authorities upn subjects of Her Britannic .Majesty still yo unredressed, instead of withdrawing from tb position assumed hy the United States in 188G, the Government of that country threaten to renew the illegal acts complained of. * Appciullx (I)), " Rt'|)Oii of Oovcruor of Alaska for fi«cal year 1888." \ Rrjiorl No. ;i8!<3, fiO C'ongreeD, Section 'J, AfyemWs (A), .March 30, 1860 1 Bill, H.R.I 2,432. § Appenilix (A). II I'rncluniatioD, Marcli 21, 188U, Appendix (E). If Approved, March 2, lb8U. wsJi t 267 izures under con. tes, Russia's title to uoted, first recitin: Under tliese circumslunces it is nut surprising that the public mind in Canada has (jecuMiu excited if not alarmed by even the appearance of delay in obtaining full com- pensation for the injuries done to Hritisli subjects residing in this portion of the Empire. Adverting again to the Report of the ConuniUee on Marine and Fisheries of the House of Representatives, the Minister does not deem it necessary to review all the conclusive an»wers which have been given to the ground taken by said Committee, and he ii glad to recollect that the British Government bus never entertained doubt regarding the absence of the sligtest justification for the seizure of the Canadian vessels. lie may, however, be permitted to refer to the argument of the Comnittee of Marine and Fisheries before adverted to. Tiie contention of the Committee was that the only question ever raised between Russia, England, and the United States regarding miiritime jurisdiction in the Pacific had relcrcnce to ii section of the coast of the North Pacilic Ocean, and entirely remote from Bcluing's Sea. Upon this the Minister observes that the distinguished American jurist, Chancellor Keut, did not so construe the letter of .Mr. Adams.* On the subject of mare clnusum lie says in his Conunenlaries : — f " The claim of dominion to close or narrow seas is still the theme of discussion and controversy. PuHendorf admits that in a narrow sea the dominion of it, and the right of fishing therein, may belong to the Sovereigns of the adjoining shores. " According to tlse current of modern authority, the general territorial jurisdiction extends into the sea as far as caimon-shot will reach and no farther, and this is generally calculated to be a marine league, and the Congress of the United States have recognized this limitation by authorizing the District Courts to take cognizance of all captures made within a marine league of the American shores." And with reference to the letter of Mr. Adams, he further says : — "The claim of Russia to sovereignty over the Pacific coast north of the .51st degree of latitude as a close sea was considered by our Government in 1882 to be against the rights of other nations." In Regulations under the Ru.ssian Ukase of 1821, which led to the jorrespondence referred to, Russia expressly pretends to grant exclusive commercial and rishing rights to Russian subjects "from Bebring's Straits to the .'',1st degree of north' rn latitude; also from the Aleutian Islands to the eastern coast of Siberia, as well a*, along the Kurile Islands from Hehring's Strait to the south cape of the Island of Urup, viz., to 45° 50' northern latitude." Criticizing this, Mr. Adams said : — + " To exclude the vessels of our citizens from the shores beyond the ordinary distance to which the territorial jurisdiction extends has excited still greater surprise." The letter of the 2nd April, 1822, from Mr. Poletica to Mr. Adams especially shows that the long controversy from h'«22 to 1868 between the Russian and American Governments was not confined, as the Committee of Marine and Fisheries says, " to that section of the coast and waters of the North Pacific Ocean between the Slst parallel of north latitude and Mount St. Elias and east of the 141st meridian," since in it, after en-ieavouring to |)rove the title of Russia to the north-west coast of America from Bebring's Straits to the 61st degree of north latitudi-, Mr. Poletica says : — "In the same manner the great extent of the Pacific Ocean at the 41st degree of latitude cannot invalidate the right which llussia may have of considering that part o( the ocean as close. Uut as the Imperial Government has not thought fit to take advantage of that right, all further discussion on this subject would be idle." Reference can again be made to the letter of Mr. Adams to Mr. Poletica,§ wherein he stated : — " With regard to the suggestion that the Russian GoTernment might have justified ilie exercise of sovereignty over the Pacific Ocean as a close sea because it claims territory both on its American and Asiatic shores, it may iiutlice to say that the distance from shore to shore on this sea in lutitude .51° north is not less than 90° of longitude, or 4,000 miles." And to the letter of Mr. Adams to Mr. Middleton,|| the i^merican Representative in Russia, wherein he remarks : — " From the tenour of the Ukase, the pretensions of the Itnperial Government extend fa>, i m [1281 • March 30, 1882. t "Kent's Commentarits,' vol. i, pp. 20 and 30, 13th (diilon. X Mr. Attains to Mr. Poletica, February 25, 1822. § March 20, 1812. > V ,. I July 22, 1823. 2 M 2 J,il : I! m to nn exclusive ferritorinl jurisdiction from the 4r)th dejjree of north latitude, on the Asiatir coast, to the latitude of 5!° north, on the western const of the American continent, ami they assume the right ol interdicting the navigation and the flshery of all other nations to the extent of 100 miles from the whole of that coast. "Tiie United States can adaiit no part of these claims. Their right of navigation ond of fishing is perfect and has been in constant exercise from the eiirliest times, after the Peace of 1783, throughout the whole extent of the Southern Ocean, subject only to the ordinary exemptions and exclusions of the territorial jurisdictions, which, so tar as Russian rights are concerned, are confined to certain islands north of the 65th degree of latitude and have no existence on the continent of America." Subsequently Mr. Forsyth, Secretary of State at Washington, wrote Mr. Dallas,* from which is extracted the following passage : — " The United States, in agreeing not to form new establishments to the north of latitude .04'' 4(t' north, made no acknowledgment of the right of Russia to the territory above that line. If such an admission had been made, Russia, by the same construction of the Article referred to, must have acknowledged the right of the United States to the territory south of the designated lino. But that Russia did not so understand the Article is conclusively proved by her having entered into a similar Agreement (1825) with (Jreai Britain, and having, in fact, acknowledged in that instrument the right of possession ot the same territory by Great Britain. The United States can only be considered as acknowledging the right of Russia to acquire by actual occupation a just claim to unoccupied lands above the latitude 64° 40' north, and even this is mere matter of inference, as the Convention of 1824 contains nothing more than a negation of the right of the United States to occupy new points within those limits. " Admitting that this inference is just, and was in contemplation of the parties to the Convention, it cannot follow that the United States ever intended to abandon the just right acknowledged by the 1st Article to belong to them under the law of nations, to frequent any part of the unoccupied coast of North America for the purpose of fishing nr trading with the natives." The Committee having endeavoured to show that the correspondence between 1822 down to the Treaty of Cession with Russia had no reference to Behring's Sea, were compelled to reconcile with their contention the opinion of Mr. Secretary Boutwell, of the Treasury Department at Washington, given on the 9th April, 1872, wherein be held that the taking of fur-seals was not unlawful unless attempted within a marine league of the shore. Accordingly, Mr. Boutwell was called upon to explain his previous letter, and this he has attempted to do.+ It will be observed, however, that, while Mr. Boutwell now claims that his letter of 1872 referred only to that portion of the Pacific south of the Aleutian range of islands, the letter is in reply to a direct question from the Collector at San Francisco, iounded upon an extract fron\ a newspaper. I'his newspaper expressly states that parties in Austndin are fitting out for an expedition for the capture of fur-seals " in Behring's Sea." The Collector incloses this extract to Mr. Boutwell, and suggests that, as the seals reach St. Paul and St. George Islands uniformly by the Ounimak Pass and through the narrow straits near that pass, that a cutter be placed in the region of Ounimak Pass, where it could render most efficient service in preventing foreigners slaughtering fur-seals in the water on their way to the islands. Mr. Boutwell's letter conveyed his opinion that a Revenue cutter could not protect the seals in tiie narrow pass referred to, since they went in pairs or singly and not in droves, and covered "n large region of water in their homeward travel to these islands," and he added : " I do not see that the United States would have the jurisdiction or power to drive off parties gviing up there for that purpose unless they made such attempt within a marine league of the shore." It is impossible, in the light of the present contention of the United States, to suppose that Mr. Boutwell did not know that the slaughter of the sesds in the waters ot the Behring's Sea was the fear of tlie collector and that the suggestion of the latter waste prevent foreign vessels pursuing seals through the pass in question. { Notwithstanding this explanation, it is to be observed that no vessel of any kwui was ever seized by the American Government for violation of section 19.')6, Revised Statutes before mentioned, until 1884, when outside of the 3-niile limit in Behring's Sea. The list of seizures produced before the Committee is hereto appended. § • November 3, 1837. ♦ Roport ( f CommiUcc on Marine and l-i»lipri«<, p. 12, 60 CongreM, ^pision 2, No. 3883, Appendix (F). ^ Appendix (G}. § Appendix (C). frote Mr. Dallas,* The Minister of \farine and Fisheries feels niisured that arguments such as he has referred to cannot do more than aggravate tiie gituatiun and expose the weuknefs of a claim of jurisdiction which for nenri; Ihree years the Government of the United States have been permitted to maintain against the interests and rights of British sul)jects. It is to be regretted that some of the leading Representatives in the Canadian Parliament have already been induced to express tiie opinion that the British Government would not actively protect the rights of British subjects resident in Canada in cases wherein the United States were concerned, and while he, the Minister, believes such opinion to be entirely erroneous and unfounded, he desires to express the hope that these extreme views may be in nowise strengthened by any unnecessary delay in vigorously and eAcctively pressing the Canadian claims against the American Government for the illegal and unjustifiable action now under consideration. The record of the claims having been completed on the 12th day of January, 1888, and then forwarded to the Imperial authorities, the Minister recommends that Her Majesty's Government be urged to take such further steps as will promptly secure from the Government of the United States not only full and ample reparation for the loss and damage sustained, but also a complete and immediate retraction of the claim of that country to exercise exclusive jurisdiction over the wiiters of the Beiiring's Sea The Committee concur in the foregoing resumy )iu)ili('utioii III at least oiii! daily |ia|a'i' pulilisliril in tiai riticti nf riootmi, Now York, l'liiladi'l|i||iD, Maltiiiiort', AViusliiii^toii, CliicnKn, New (JrliiiiiiH, St. hniiH, and 8aii KrniuuHco, invitiii){ liids Tni' Hi^ Haiiic." Soi- 2. That Mi'iliciii lil.'ii ol' tlii' licvisi'd StalutcH nl' llic Uiiitod Slatt's was iiitnndcd to iiicliiil,. and apply, and is liiMcliy det^lart-d to inrludf and a]>ply, to all tlio wuti'is ut' l()diiin);'s Hca in iMnsku cinlirai'cil within thi^ lionndary-linrs mentioned ami desrrjlied in tint Treaty with lEnHsiii, dated the .'lilili Marrh, A.n. I S(i7, hy which the Territory of Alaska \> as ceded to the I'niteil States; anil it shalllK! the dnty of the |'resid(>nt, at a timely season in each year, to is.'iue his I'roelnniation and eanse the same to he pid)lish(il lor one naiiith in at leiMt one newspaper pidilislied at each United Slates' |Hirt of rntr}' on the raeilie coast, warning all persons against entering; saiil Territory and waters I'or the )airiiiisi' nf violating,' thu provisions of said section ; and he shall also eanse one or nuae vessels of the UmjIiiI States to dili;;enlly criu/.e said waters ami arrest all ]iersoiis and seize all vessels found to he, or in have Iteeii, en;{a}{ed in any violation of the laws of the I'nited States therein. Sec. ,'l. TIait section hXi'J of the ituvised StatiitcM nf the United SUitus lie, and llio saiiio is henly, repealed. See. 4. Thid the erection of dams, harricades, or other oh.strnctions in any of the rivers of Alusku, with the purpo.te or result of prevent .1^' or impedinjj the a.scent uf salmon, or other anadroinous s| lis, to their spawnin-i-jirounds, is herehy cli'clared to 1h' unlawful, ami the Secretary of the Treasaiv U hereliy authori/eil and directed to eslahlish such JN'fjulations and snrveillanee as may he nfure.s.sury tn insure that this |a'oliiliitioii is strictly eid'orced ; and every person who shall lie found Kuilfy of a vinla- tion of the provisions of this section shall he lined not less than L'.Mi dollars fca' eacdi day of the continuance of such ohst ruction. Sec. f). The I'ommi.ssioner of Fish and Fisheries is lierehy eniiHiwered and directed to institute an investi>{ati(Ui into the habits, alaindance, and distrihution of the .salmtai of Alitska, as well as llic present conditions and na^thod.s of the fisheries, with a view of reeonuaendin^ to (^ln;^ress sik li additional lej,'islalion as may he necussaiy to prevent the impairiiu'lil or exhaustion of the.se vahiahlu fisheries, and placing' thee.) under re^uhir and ]>ernuinent uomlitions of production. AppeniUx (A). £xtract/rom the. " Conyressiunal JUeord," l»81t, ji. 2788. Fuk-Skai. anu Salmon Fusuekiks. RIH. DRUM from the Comiaiitec on the Mercliant Mariiui and Fisheries, reported hack with the amendments ordered hy the House the Hill (II. I{. 12432) to amend .section 11)01! of the Itevised Statutes, and to providu for the lietter protection of the fur-seal and salmon fisheries of Alaska and fur other ]iurpo.ses, which was laid on the tahle for the present, and the Hill uud umendiueuts and lliu acuom[)anying UepiU't ordered to he printed. Appendix (D). Notice. SECTION ]'.i,"iO of the Kevisetl Statutes of the United States provides that no person shall, without the consent of the Secretary' of the Treasury, kill any otter, mink, marten, sable or fur-seal, ur other fur-lioarinf,' animal within the limits of Alaska territory, or in the waters thereof ; and that any person convictea of a violation of that section .shall, for each oll'ence, be lined not less than 201) dollars or more than 1,000 dollars, or be imprisoned not more than six nuuiths, or both; and that all vessels, with their tackle, apparel, furniture, and car<;!o, found en;.,'aj;ed in violation of that section, shall bo forfeited. No fur-bearinj,' animal will therefore be allowed to be killed by persons other than natives within the limits of the Alaska Territory, or in the waters thereof, except fur-.seals taken by the Alaska Coai- niercial Company, in juirsuance ol their lease. The use of tire-arms by tlu? natives in killiuj,' otter durin;,' the months of May, June, July, A\igust, and Sei)tcmber, is hereby jirohibited. No vessel will be allowed to anchor in the well-known otter-killinj; grounds, except those which may carry parties nf natives to or from such killing grounds ; and it will Iks the duty of the otiicerB of the United States who nuiy be in that locality to take all i)roiwr measures to enforce all the pains and penalties of tho law against jiersons found guilty of a violation thereof. White men lawfully married to natives, ami residing within the territory, are considered natives within the meaning of this Oixler. jm ho miiiio is liorcliy, ApiKjiulix (C). Fur-tieal FinheriM of Aluahti. EXIIIDIT (". T,!flT of VpshpIs soizpil under orders of tlin Tmiwury I)u)iiiiiiiii'iit. OttF. V.'atvl R<.||«I. .Seiiinn VeiMl. (Jiinini inder. Kor vinUliiin or Sratlim t«.'>r>, K. M.— Srpt. 1. IHHt lUinliurnli «clioniiiT " Aili'lf " Ki'venuo cliaiiur " Curwiu " .. ('ii|iliiiii M. \ ll.aly. July 17. IHHS Amrrlcnn RrhonntT " Saii Dirfo " Ditto (■'apljtiii (J. k. Abtwy. Au«. 1. „ Uritlih tchiKmrr " Tlinrtittiii " Ditto Ditto. „ ., "C»riilim»" Ditto Ditto. Aui. 2. .. „ „ "OiiKBnl" .. Ditto Ditto. July 2. IRH7 •■ Ann. Beck •• Kvvunue atcamur " HukIi " Cnplaio i.. U. SliKiuml, .. V. .. ••Wm. 1'. 8.,».rd",. Ditto Ditto. .. 12, ., "Ikilphin" Ditto Ditto. .. Ifl. .. American irlinnncr " l,illy L." Ditto Ditto. .. 17. .. Ilritiah ncliiHilHT " flrmv " . , Dlllo Ditto. Auk. 0. .. Amerioan icIiiHiuur " Kllen ',, Ditto Ditto. .. 0. .. "Annie" Ditto Ditto. .. 6. .. Hriliih iu:liiMiiicr " Airnil Ailtmt " Ditto Dillo. .. 8. „ Ameriemn ichonnrr " A Ipht " Ditto Ditto. .. 8. „ „ ., " Ketuanil Anns" . Ditto Ditto. .. 18. „ „ „ "Han JitAt' " .• Ditto Diini. ., 2.t. „ "Alliel. AlKmr".. lli'fi'nue miimiir " Rear " CaptKin W. A. Ilraly. ,. 2.^. ., Brltliilnrhn(iniT"Aila" ., Ditto Ditto. Si|.t. 2, „ American «ili(ii)Mor ".Sylvia llanilji " .. For tifllation of Section 1961 B. H.— Ditto Ditto. June 30, 1887 Amrrican iclioonrr " Challenge " ReTcnue Rtcamer " Ruvh " ■• Captain I... 0. Hlicpard. Appendix (D). Rttrad from the Report of tlif. Governor of Alaska for tlieJiMal year 1888, to the tstcrelary of the Interior at Washimjlun. RUT wlmttiver inny lip the Cfincliision ii,t to tlio nilvisaliility or iiropriuly of coiiliiiiiiiiK tlie jiniHcnt poliny of l('ii.Miii<» tlui rookorie.t, tlii! i|U(!Htiiiii iiiMid hjvo C'lin^trnss little conci^rii if lliti (jliiim of our (lOViTiiiiiitlil t(i e\<;lii»ivu jcri^didlinn to nil liiiit part of l!ulii'iiii{'s .S^a cimIimI to il liy I'lissiii lit: iiul iusistud iijiuii iiitil iiiaiiitaiiitij. It in just ii.s t'ssi-iiliul, uvuii iiioru ho, tliat lint sitals mIkhiIiI \h'. piutucltid duriii;^' tliuir niiiiunl iiii<,'i'ati(iiiB tu aiiil IViiiii lliu islaiid.s, a.s that tlu'y .shuuld liavi; siirli |irot(;rtioii wliili; uii thu rookiiritis and liri;i;diiif,'-;;rouiid.s. I'lotuftioii within thu .l-mili; limit will not sntlici' to prcvt^nt tliu dupopulation of tho roukcrius und iiltiiuatit total extiuution of siml lifu in tint waiters of ISfhriii^''.t Sea. In vifiw of the fact that no seizures havo been niado tlio present year, tho iiiipres.sion has f;one abroad that hureat'tt^r there will ho no interfereiiuu hy our OdViirnnient willi vessels which may enfjage ill taking seals outside thu 3-niilu limit, and in ciinsei|uence there is a well-gioiindeil a]ipl'eUi!nsii)ii that next summer Uehring's Sea will swarm with sealing-vessels from Itritish Columhia and our own porta, aud luiless measures are taken to stop them at the threshold, incalculable damage is likely to be done to the rookeries. Tho views I entertain concerning what I believe to bo the bad policy of ItMi.sing the islaiid.s, do not blind me to the fact that here is a most valuable intere.st which it is the duty of the Oovernment to jirotect by every legal means in its jiower; it mutters not whetbi^r the present .system be continued, or whether some other and less ohjectiouable plan of dealing with it lie ado])ted. In view of the e.\isting impressiou aud the jirobability of a much more detenuiueil and destructive raid being made against the seals next summer than was ever befme attempted, it is very desirable thai the policy aud iletermiuutiou ol the Government in the matter of their protection should be speeilily and liually auuouuced. ! I Appendix (E). President Harrison's I'roclaitiation aijainst unlawful nualiiuj on Alaska. By the Tresideut of tho United States of Araorica : ' ■ A Proclamation. THE following provisions of the laws of the United States are hereby published for the inforina- tiou of all concerned :— Section lOutj Revised Statutes, chapter ?>, title 2, enacts that: " No person shall kill any otter, mink, marten, sable, or fur-seal, or other fur-bearing animal, within the limits of Alaska Teriitory, or in tho waters thereof; and every person guilty thereof shall for each offence be fined not less than 200 nor more than 1,000 dollars, or imprisoned not more than six months, or both; and all vessels, their tackle, apparel, furnitur,, and cargo, found engaged in violation of this section shall be forfeited ; but the Secretary of the Treasury shall liave pov/er to autho- rize the killing of any such mink, marten, sable, or other fur-bearing animal, except fur-seals, under such Itegulations as he moy pre.scribe ; and it shall be the duty of the Secretary to jirevent the killing of any fur-seal, and to provide for the execution of the provisions of this section until it is otherwise provideil by law, nor shall lie grant any sjiecial privileges under this .section." il !■' 372 Suction 3 (if till- Act t-utitluil "An Act U> iimviUe fur tLo I'rutcoliuu of the Salinou Fishuriet (if Aliuka," a[i|irnv(>it '2in\ Marnli, 188'J, pmvidttM tliiit: " Sectiiiu :J. Tli;»t oectinn lO'iO of the ItuvisoJ Stntutcs of tlio UniU-d StntOH in licrohy (lei'liircd to include uMil ii|i|ily tn nil the iloniitiionN uf tliu IJuitvd >Stittu8 in tLo wuturs of J<(>hrin(;'8 Hva; and il kIuiU be the duty oi' tliu i'r(" veHHcLs of tlif United Statt's (o dili^'onlly ciiii/.u tiu! said wattTH and arrvMt ail jicTHonH and .seize all veitHels fonnd in lie. or to liavo liceii, eiipi^'rd in any violation of tlie laws of the United States tlierein." Now, iljerelciie, I, lienjiiiuin Hiiirinon, TreHident of thu United States, ptnHuanl to the aliovc- recited Staliites, hereby wain all per^ions against entering tho wntera uf Uiihrin^f's Sea within the dominion of the United Slates lor the ]iur]ioHe of violating tho provi8iLlr.in({'s Sea outs; le of the :S-inile limit, the atteutinn of Mr. Itoutwell was called to the matter by Ho..ouiable W. W. Katon, late Chairman of the Foreign Affairs Conunittee, United States' Senate to which Mr. Boutwell made the following reply: — " Sir, " Washington, January 18, 1888. "Since the receipt of your letter of the IGth instant, I have examined with care the letter addresseil to me as Secretary of the Treasury by T. G. I'helps, Ksq., then Collector of Customs at the I'ort of Siin Francisco, dated the LTnh March, 187:i, and also my ollicial reply thereto, dated the Iflth April, 1S7J. ill relation to the purjmse of certain jiarties to capture fur-senls on their annual migration to the Islands uf St. Paul and St. (icorjje, thniugh the Onimak I'ass, and through tho neighbouring approaches to the islands. Upon the examination of the correspondence, my recollection ia in a degree refreshed, and my knowledge of the circumstances revived. "Tlie fourth .sentence of Ml. I'helps' letter appears to proceed ujion tho idea that it was the liiirjiost! of the huplers, as their purjiose was then understood by him, to take the seals upon the I'acific Ocean .side of ilie Aliiilian range of island.s, and near the passes mentioned, and through which the animals were dcslined to move, and such was the view taken by me on which my reply was based. " Nor cm 1 now see that there is ground for any other reasonable construction of tho corre- spondence. "Mr. I'lieljis ap[iears to have apjireliended a diversion of seals from the Oninink Pass and the narrow .straits near thi.l pass, and his suggestion of a remedy was limited to the same field. Therefore, neither ujion my reculleriiuii of fads as tliey were understood by me in 1871.', nor upon the present reading ol tiie coirespondi'iice, do 1 ndmil the claim of Great Britain that my letter is an admission of any right adverst! to the claims of the United States in the waters known lis Behring's Sea. My letter hud reference solely to the watei-s of the Pacific Ocean, south of the Aleutian Islands. " Very respectfully, " Hon. \V. W. Katon, Washington, D.C." (Signed) " Gkoroe S. Bodtwb!-U Apjwndix (G). • ' , Extract from " r, i^ wi'll known timt, iliuiiiK till' numlli of May luid tiiu cuily jmit of ■luiiu in null yenr, tlio fiir-Mciil, in llmir migration fruni ill'' soutiiwiinl tn St. I'liiil iiml >St. (icorjji' IhIiiihIs, iiiiiforiiily iiiovt' Ihriiii^'li Oiiiiimk I'li.s.s in liirf^ nmiil'i'if, ftii'l 'ilto tlirongh tliu narrow Htniita iiciir tImt pass whicii ^<(']lllrlllo suvcrnl smoil inlundn from Ali'iiiiiiin{roii|). "Tlu! oltji'ct of tlu'«o Miivcnil cxpi'ditioim is iiiic|ii('sli()iiali!y to iiitprcciit tlio fiir-scals at those nnrriiw piissa^'CH iliiriii)j Ihii prriod aliovo iiiciitioiied, ami tlii'ii', l>y iiiimiiih of hiiiiiII lioat.s iiiaiiiuMi hj Ai\M liiiliaiiM or AliMitian liiintors, make indisi'iiiiiinali! Hiaii^iik'r of tiidst! animnlH in tjic water, after the iimiiiier of liiintin^r se,''-otli'iH. "Tlin evil lo he ,i|>pieli 'iidcd from .iiich ]H'ncei'diiij;>) is not so iiiiich in rospert of llii! Iosm resulting from till' deslnietion of tin: seal« at IIiomc jiImi'om (alllioiii^li (lie killili},' of eiicli feniali^ i» in elVecl the ilolriii lion of two Heais;, lint the daiif^iu' lieK in diverting' tliexe aniiiialH from their iicciistoiiiud courHe 10 lln' Inlindu of St. I'lUil and St. (ii'oij,'e, their only haiiiit." in the Tnited Sl.ites, " It is helii'ved liy those who iiiue made the peculiar niitiiie and hidiitx of these aiiiniahs ii .study ilia' if they are hy any means Herioiisly diverted fidiii the line upon which tli(\y have lieen iiecustoiiiiiJ ii> iiicivi' nortliwanl in their passa;,'e tf) these islands, there is ^reat danf,'er of their si'ekiiij,' othor haiiiils, iiiid should this occur the natural HeliM'tioii would lie Koiiiandorsky Islanove-iiientioned schtMiies wmiM have the ell'cct to drive ihc seals from their acciisliuiied course there i m lie no doiilit. ('onsiileriii;;, therefore, iilmie the dan<;er wliii li is here threatened lo the interest of the ( lovcrnnient in the seal lisheries, and the lnij,'c annual revenue derived from the same, I have the honour to siimkcsI, lor tli msideralioii of llie llonourahh: St'cri'tary of the Treasury the ipiestion whelliei tlie .\ct of the 1st .liily, 187li, n; 'm; to tlioae lislierics, does not anthori/.c his interference hv iiiean< of lieveiiue cutters to prevent 'c, i'^'Uers and iillievs fioni doinj,' such an irreparalih^ iiii.schief to this valuiilile interest. Should th ■ lloiiouralile Serivtary deem il expedient to send a cutler into these wuters, 1 wiaild re.speclfull . siijij^est that ii 4paiii-cutter would lie alile to render the most elllcicnl service, and lliiit it Hhoe.( he in I 'i" n'j^ioii of Oiiiiiiak ras,s and St. Paul and St. tleori^e Islands hy the l.'itli of next May. "I am. verv respectfully, (Si;,'neil) ' •■!.(!. V\m.v.<. C'olkdor.'' Ej-trml from Snn Frunnivo " Dailfi Chnmieh" Mmrli lil 1.S72. "It is stilted in n>liahle cninmercial circles that partiex in Anstrnlin ire pre|iarin}; to fit out an i'\|ieilition for the eajiturc of fiir-.seals in l!chriiij,''s Sea. The present hif^ii jirices of fur-seal funs in Ixiiulon and the Knropean markets has acted iinwerfiilly in stimuhitin;^ enterprises of a like character. Hut a few days a^jo we mentioned that a Victorian Company was ori,'aiii/.ed for calcliitig fur-soals in the N'lirlli I'aeiHc. Another party — an agent representing some K.tsUuii capitalists — has licijii in this city liiftlie past week making inquiries as to the feieihility of organizing an expedition for like purposes." M!! W'l r'is Ofiu, ijiear to b« Ihc 'DnilT " Mr. Boiitwrll In Mr. Phelps. ".Sir, " Trensimj Department, Wmhinijton, D. C, April 19, 1872. " Your letter of the 2.')th nltinin was duly received, calling the attention of the Department to certain rumours circulating in San Francisco to the effect that exjHiditions are to start from Australia anil the Hawaiian Islands to take fiir-.seals on their annual niigriition to the Islands of St. Paul and St. Geoi-ge through the narrow pass of Oniinak. Ytui recommend — to cut off the possibility of evil resulting to the interests of the United States from these expeditions — that a lievoune cutter U' sent to the region of Oniinak Pass hy the 15th May next. " A very full conversation was had with Captain Rryant upon this subject while he was at the Department, and he conceived it to he entirely impracticable to make such an e;:i>edition a paying one, inasmuch as the seals go singly or in pairs, and not in droves, and cover a large region of water in their boiiieward travel to these islands, and lie did not seem to fear that tli<^ seals would be driven from their accustomed re.sorts, even were such alleinpts made. "In addition, I do not see that the I'liiled States would have the .jiiri.sdiction or power to drive off parties going up there for that purpose, unless they made such attempt within a marine league of tho shore. " As at present advised, I do not think it exi)edient to cany out your suggestions, hut I will thauk you to comrannicato to the Department any further facts or information you may bo able to gather upon the subject. " I am, very resiwctfiilly, (Signed) " Grorge S. BOUTWKLl, Secretary." Sir, No. 202. Colonial Office lo Foreign Office, — [Received August 3.) Downing Street, August 3, 1889. I AM directed by Lord Kiiutsford to transnut to you, to be laid before the Marquis I of Salisbury, an extract of a letter from the High Commissioner for Canada respeolinf; the %2 alleged seizure of the " Blacic Diamond " in Behring's Sea. JJ [128] 2 N m 274 Lord Knutsford feels assured that the subject will receive the careful and earlv consideration of Lord Salisbury. 1 am, &c. (Signed) R. H. MEADE. "' Inclosure in No. 202. The High Commissioner for Canada to Lord Knutsford. (Extract.) 9, Victoria Chambers, Westminster, August 2, 1889. REFERRING to the interview with which I was favoured by Lord ^Salisbury, your- self, and Sir Julian Pauncelote yesterday, I be^^ to inclose cuttings from the London "New York Herald,"* and "Daily News "t of to-day, which seem to leave no doubt that the seizure of the British schooner the *' Black Diamond " took place in the open waters ot Behring's Sea, and is therefore in direct violation of the engajrement made by the United States that no more seizures of British vessels should take place pending a settlement of the present controversy. No. 203. Foreign Office to Colonial Office. Sir, Foreign Office, August 5, 1889. I HAVE laid before the Marquis of Salisbury your letter of the 3rd instant, with its inclosures, addressed to Her Majesty's Principal Secretary of State for the Colonies by the High Commissioner for Canada, calling attention to the reported seizure in Behring's Sea of the British schooner " Black Diamond " by the United States' Revenue-cutter " Rush." It appears from the newspaper cuttings forwarded by Sir C. Tupper, that despatches from British Colombia, giving details of the case, have arrived at Ottawa, and Lord Salisbury thinks that it would be desirable to obtain by cable some official statement of the case from the Canadian Government before telegraphing to Her Majesty's Re[)resenta. tive at Washington. I am to point out that everything seer.is to depend in this case on the precise position of the "Black Diamond" at the time of seizure. Lord Salisbury would also be glad to be furnished with the details of the case of the "Triumph," to which allusion is made in the newspapers, but of which no information has reached the Foreign Office. The original inclosures accompanying your letter are returned herewith. 1 am, &c. (Signed) T. V. LISTER. J I No. 204. Colonial Office in Foreign Office. — (Received August 9.) Sir, Donning Street, August 8, 1889. WITH reference to your letter of the oth instant respectinfr the seizure of the '■ IMadl Diamond " in the Behring's Sea, 1 am directed by Lord Knutsford to transmit to you, tori the information of the Marquis of Salisbury, a copy of a telegram whicli was addressed to[ the Governor-General of Canada on the receipt of your letter, together with a copy of onej received this day from Lord Stanley of Preston in reply. •; i; I am, &c. t. (Signed) JOHN BRAMS ION. _ Inclosure 1 in No. 204. Lord Knutsford to Lord Stanley of Preston. (Telegraphic.) Downing Street, August 6, 1889. SEIZURE of " Black Diamond " and " Triumph." Telegraph at once full informa^ tion, specifying precise point where seized, and all the facts connected with these cases. * Auguii 3 t Auguit 2, and '* litnndBrd " of »»nie dale Not priqied .B'j'rt .-.Viriiijtl i.i *' t.i;i:uii!Ki A^jiilU ■♦ 'Mii k) Tinsi'tr ! m\ rcful and early H. MEADE. lugust 2, 1889. isalishury, your- le London " New doubt that the e open waters ot de by the United i'80, from the Right Honourable the Secretary of State for the Colonies, requesting information as to the extent to which vessels belonging to British Columbia were engaged in seal-hunting in Behring's Sea prior to 1886. The Minister of Marine and Fisheries to whom the despatch was referred states that until the return of the sealing fleet, which some time since cleared from British Columbia upon its annual sealing voyage, he is unable to furnish complete information upon the early history of the seal industry in the North Pacific Ocean and Behring's Sea, so far as it relates to vessels belonging to British Columbia. The Minister desires, however, to call I attention to the Customs records at Victoria, British Columbia, from which it appears that the schooner Kate," .58 tons, Dutch Harry, master, H. Ogilvie, navigator, went to Behring's Sea in 1865 and again in 1856 upon a sealing voyage. The Minister observes that it is to be remembered that the sealing industry was carried on by Biitish Columbian vessels, in the waters of British Columbia on the north and north-western coast, as well as in the North Pacific Ocean and Behring's Sea, the [128] aN2 . ^1 i . m \ \ I i4l till 276 seals at certain times of the year spreading ^vcr these waters and being captured in great numbers at different points. In 1 880 the fur-seal trade of tiie Hritish Columbia Coast was of great importance. Previously, and even tiien, it was difficult to obtain absolutely correct Returns regarding it, but it was estimated that 20,000 skins were obtained in the immediate neighbourliood of Vancouver Island alone during that season. There were engaged in this tishcry in that year the following British Columbia vessels, sailorE, and hunters : — Vessels. Tonnngc. Sailors. Iluptcrs. Favorite Onward Tliornton . . Anna Dccic . . . . . . , . Wanderer . , Alert Winifred . , . , , . . . 79 35 35 SO 16 30 15 5 4 4 5 3 3 3 40 30 24 32 16 32 12 Eni|)loyiiig 03 canoes. 260 27 186 It will be observed that of these vessels a number were, in 1886 and 1887, seized bv the United States' Government in Beliring's Sea, and form the subject of the claims now being pressed. In the season of 1881 between 13,000 and 14,000 skins, worth from 150,000 dollars to 180,000 dollars, were obtained by the following British vessels : — Vessels. Anna Deck . . Tliornton . . Triumph Winifred Onward HIack Diamond Juanita Favorite . . Mary Ellen . . Kutu . . Tonnage. Sailors. 50 6 32 35 5 24 18 3 12 15 3 12 35 4 32 80 5 36 80 5 36 80 6 36 65 5 44 55 5 24 Hunters. 483 Kmploying 14G cunues. 46 292 In the next season the catch was valued at 177,000 dollars and the following vesiiels were engaged in this pursuit : — Vessels. . Tonnage. Sailors. Hunters. (iracc .. 80 6 36 Dolphin 80 5 36 Juiinitu .. ,. 50 4 32 W. P. Sav«ard 75 4 32 Favorite • • 80 5 32 Mary Ellen 05 5 36 Kate 55 4 28 Onward 36 4 32 Uluck Dianiuiid 80 4 32 Winifred 15 2 12 Anna Ucuk . . 50 4 32 Thornton 35 4 28 Alfred Adams i 75 4 32 776 64 400 Employing 200 canoes. 277 ptured in great eat importance. turns regarding neighbourhood 'olumbia vessels, rtcw. 40 30 24 32 16 32 12 186 And in 1^83 tiie following vessels from British Columbia pursued this industis Voxels. loniia^c. S liloiK. 1 Iliinlci'!). W. P. Snywiirtl 75 4 32 Favorite • • 80 5 32 Mnrv Ellen . . • ■ 65 " 1 36 Kati! _ 55 4 I 28 Onward 35 4 , .*!2 lilack Diuniond 8U 4 ' 33 Winifred . . 15 2 1 12 Thornton 35 4 28 Alfred Adams 75 4 32 Anna Beck . . 50 4 32 566 40 i 296 Employing 118 CQ'IOCS. 1887, seized by f the claims now I 150,000 dollars lunters. 32 24 12 12 32 36 36 36 44 24 292 following vessels Hunter*. 36 36 32 32 32 36 28 32 32 12 32 28 32 Foreign Apparently and in the absence of more definite information at this moment available in the continual pursuit of these seals, it was after this that fur-seals were systematically sought in the Behring's Sea, as well as in the North Pacific Ocean by British sealers, for it is fonnd that in 1884 Daniel and Alexander McLean, both British subjects, took the American schooner " San Diego " to Ikhring's Sea, and that they were successful in the seal fishery. On their return they purchased the Hritish schooner " Mary Ellen," 63 tons, and chartered the schooner " Favorite," 80 tons, and with white crew, white hunters, and Indians cleared from Victoria for Behring's Sea in 1885, where they met with repeated Miccess, returning to A'ictoria before 1886 and clearing in 1886 again for the North Pacific Ocean and Behring's Sea. The Minister further observes that attention is drawn in the letter fro:ii tiu Office, now under consideration, to the statement of Mr. Bayard in a letter addressed to Her Majesty's Minister at Washington on the 12th April, 1887, in which the following passage occurs : — "The Laws of the United States rcf:ulating the killing of fur-seals have been in force for upwards of seventeen years, and, prior to the seizure of last summer, but a single infraction is known to have occurred and that was promptly punisiif-d." In this connection it is important to note that the Governor of Aluska in his lle))nrt, bearing date the 1st October, 1886, and again in 1887, regarded the capture of one American and three British schooners apparently as the first overt act on the part of tie United States' Government to assert the claim lor exclusive jurisdiction over the waters of Behring's Sea north of the Aleutian Islands. Extracts from these two Reports, hereto appended, indicate as well that, in the opinion of the Governor, an indiscriuinate slaughter of seals had been previously carried on in these waters. In the voluminous correspondence touching the acquisition and Government of Alaska by the United States published in ihe Executive documents of Congress from 1808 down to the time of the seizures in question, the Minister, after u careful examination, lias been unable to find, in the various instructions given from time to time to Conunaiideis of the Revenue Service, or of ships of war of the United States cruizing in Behring's Sea, organizing a Government in Alaska and guarding the interests of the Alaska Conii ercial Company upon the islands leased to the Company, any suggestion of the intention of that Government to assert a claim which it had so vehemently disputed when advanced liy Russia. The Minister, on the contrary, has observed that while vessels Irom British Columbia and elsewhere were trading and fishing generally in the Behring's Sci, the instructions relating to the fisheries given to Revenue marine shijjs by the United States' Government until 1886 were confined to the protection of the Seal Islands from marauders wbo were in the habit of landing thereon. It is to be noted that the seizures of British sealers in the cpen sea followed the Report on the cruize of the Revenue marine steamer " Corwin " in the year 1885. In this Report it is among other things stated that a special look-out was kept for vessels sealing when shaping a course for St. Paul's. The Captain in his Report says : " W hile we were in the vicinity of the Seal Islands a look-out was kept at the mast-head 1^ ll! IS 'iP 278 HI for vessels cruizing, sealinj;, or illicitly trading among those islands." Having drawn attention to the number of vessels which sought the seals on the islands, and havin:; illustrated the great difficulty of preventing tlic so-called "'piracy " thereupon, the Commander concludes as follows : — " In view of the foregoing facts, 1 would respectfully suggest — "(I.) That the Department cause to he printed in the Western Papers, particularly those of San Francisco, Cnlifornia, and Victoria, British Columbia, the sections oi" the Law relating to the killing of fur-bearing animals in Alaskan waters, and detiniiig in specific terms what is meant by Alaskan waters. " (2.) That a Revenue-cutter be sent to cruize in the vicinity of Pribylotf Islands and Aleutian group during the sealing season." While the first suggestion has never been adopted, no notice nor Act having yet defined what is meant by Alaskan waters, it seems to be clear that, in accordance with tills Report «nd other similar representations, the United States' Government sent Rc/cnuc- cutters in 1886 with instructions for the first time to take sealing-vesaels found anywiiere in the great ocean called the Behring's Sea. Accordingly Mr. George ll. Tingle, Special Agent of the Treasury Department, reports from St. Paul Island, Alaska, .^Ist July, 1886, to the Honourable C. S, Fairchild, Acting Secretary of Treasury, Washington, District of Columbia, that the Revenue-cutters were then engaged in keeping marauders from landing on the Seal Islands, and that tiie Captain of the Revenue-cutter "Corwin," on the 2(lth July had reported having seized tlie schooner "San Diego," which vessel he calls an "old offender." He goes on to say: " This commencement of captures will do much towards breaking up tlie marauding business about the islands this season ; indeed, the ' Corwin's ' presence here has undoubtedly kept off quite a fleet of schooners and destroyed their unlawful business hereabouts. With the cutter ' Bear ' to remain until fall, after coming out of the Arctic, seal life will be protected from pirates this season. It is the only means by which good can be accomplished in that direction. I do earnestly hope the Department will see the necessity of keeping a cutter around the fur-seal islands every season from the Is'c July to the 1st November." From the extract in Mr. Bayard's letter it appears that he was under the impression that prior to the seizures of 1886 but a single infraction of the United States' Law regulating fur-seals as construed by the Commanders of the Revenue-vessels which made these seizures, had occurred. The particulars already referred to by the Minister of Marine and Fisheries fully meet Mr. Bayard's assertion, whether he refers to the violation of the Statute inside of the 3-mile limit or upon the waters of the sea at large. Attention may be directed to the Report of Mr. George Davidson, Assistant United States' Survey on board the United States' Revenue-steamer " Lincoln," to Professor Benjamin Pierce, Supenntendent United States' Coast Survey, Washington, District ot' C(dumbia, in 1867, wherein he says, when touching upon the fisheries of the Behring's Sea; '* Two or three small schooners sailed from Victoria and made small catcheR." And again, " In addition to the already acknowledged success of the cod fisheries from San Francisco and Victoria and our own experience, I add that of Captain Bryant, formerly a whaler in the North Pacific, and now an influential member of le Massachusetts Legislature, quoting from your notes of the 26th May. Behring's Sea is a mighty reservoir of cod and halibut, so that he never threw over his lines without bringing up fish in whatever part of the sea he might happen." It is admitted that Mr. Davidson is not dealing with the fur-seal fisheiies to wiiich Mr. Bayard specifically refers, yet the extracts from this Report appear to the Minister to be important, touching the general question of mare clausum, bearing testimony as they do to the undisputed enjoyment of the fisheries in general in the Behring's Sea by vessels fioin British Columbia long ago. The Minister desires to avail himself of tiiis opportunity to direct attention to recent criticisms of one of the most influential and independent organs of public opinion in the United States upon the position taken by the Government of that country as regards Behring's Sea. The Minister appends herewith a paper upon the " Fur-seal Fisheries of the Pacific Coast and Alaska," recently prepared and published in San Francisco, and desified to explam, more particularly to Eastern United States' Senators and Congressmen, the value of the fur-seal fisheries, which contains umch valuable information not adverse to the contention of the Canadian Government. The Committee, concurring in the foregoing Report of the Minister of Marine and Fisheries, recommend that your Excellency be moved to forward a copy of this Minute to 279 [laving drawn 8, and having [icrcupon, tlie rs, particularly ons oi" the Liw iiig in specific ribylott' Islands \ct liavini; yet dance with this sent llc'.'cnuc- found anywhere ry Department, 6. S. Fairchilii, Rcvenue-eutters s, and that the aving seized tlie joes on to say : the marauding isence here has [ilawful business at of the Arctic, by which good lent will see the 1 the Isc July to r the impression itcd Stutea' Law isels which made heries fully meet Ue inside of the Assistant United " to Professor ton, District of leBehring'sSea: wiu" And again, ni San Francisco aerly a whaler in etts Legislature, ervoir of cod and whatever part of fisheiies to which the Minister to imony as they do a by vessels lioin tention to recent c opinion in the untry as regards ies of the Pacific and desi."ieil to usmen, the value it adverse to the ;r of Marine ami of this Minute to the Right Honourable the Principal Secretary of State for the Colonies, for the informa- tion of the Foreign Office, and that a copy thereof be sent to the High Commissioner. All which is respectfully submitted for your Excellencv's approval. .t , y (Signed) JOHN J. McGKE. C/erft, Privy Council, Appendix No. I. Extradfrom the Itrport of the Governor nf Alaska for the Fiscal Year 1880. Protection of Fur-Seal utul Sea Otter, page 48. AS those suizuvM liavc moat probably raised nn international question involving tlin ripht of the Uniti'il States to cxclusivo juri.idiction over tlni watois of tlio Jiolninf^'s Swi novtii of tlm Aluritian Isliiiids, and oast of tlio I'.)."iril incriiliaii, west loiifjiluilo. it may not ))(; iinliccoiiiiiif,' in nie to .sutt^^ust tliat niilcss lliat ri,i,'lit i.s insisted npon nnd maintained, an industry wliieli now yields a revenue, ei|uiil t(i a fair rale ol' interest on tlie amount ]iaid for tlie wliole of AhiHlai will not only be destroyed, lait till) means of livolilinnd will likewise be taken away from a larue number of jicoplo whom tlio (joverii- meiit is bound by nvory consideration nf liimonr and public jioliey to ])roteet. ] can coiiceivo of no other jdan by wliieli the, seal ILshories can be jiroserved than the one lont; a^'o adopted and now in veuue, whether they onf,dit not now to be yielding' ft very lai),'e revenue to the (Jovernmeiit i.s ii question tn lie discussed a year or two lienee. It is rea.sonably eeitain, luiwever, that unless our Goveriinicnt asserts and niaiiitaiiis tlio jurisdiction ceded to it by Itu.ssia, liie Seal Lslands will in a very few years In' robbed of all ]ire.sent or pro.sjieetivo value to any one. It is ju.st a.s e.ssential to the preservation of tiiis industry that the .seals be protected ayainst indiscriminate slauf;liter while on their way to nnd fiiim their breeding' places, as that the number to be taken on the ijhinds should bo limitoil, and every nei'jssary restriction iuiiiosed as to age, sex, and the mode of killiii''. • • • • • • Unless our ricognized principles of international law. It is opposed to the traditions and precedents of our own tiovernmeiit. It is contniry to the record of the State Depart- ment on this very question as recently as the administration of Mr. I'ayartl. In the law of nations no principle is more settled than that the high seas are the public projicrty of the world, which cannot be monopolized by any one Power, As Woolsey says : — The high sea is free and open to all nations. It cannot be the jirojierty or the emjiire of a particular State. It cannot become proj)ertj', for it cannot Iw jMissessed. It is clearly for the common bliiietit of mankind. It is a common pathway, separating and yet binding, intended alike for all. It is equally well settled that a nation may own and exercise exclusive control over a " closetl tea" — that is, a body of water either lying wholly within, or is almost entirely surrounded by, its own tciTitory. The jurisdiction of every country over the ocean for a marine league, or '■> miles, from its const is universally conceded. A ghmce at the Map will show that ftehriiig's Sea is not a clo.sed sea. it is a vast cx])anse of water more than 1,000 miles wide. It is not laiid-locked. It is part of the Pacific Ocean; it forms the wat«r highway between that and the Arctic Ocean. To claim it is to claim the high seas. The State Department now biwes its claim on tlie rights acquired from Uussiii when wo purchased iVliLska. There can be no question that tho United States succeeded to all the rights held by liussia. Dut what were IJussiii's rights '. It is true that Itussia claimed Itehriug's Sea long before we bought Alaska. But that country never had an)' exclusive right to it, for the simple reason that it never acquired, and never could acquire, except by the consent of nations, any such right. This Government cannot simply fall back on Russia's claim. It will be required by foreign Powers to show that the claim is well founded, oi abandon it. Russia's claim was never conceded by any other Power. On the contrary, it was emplmtically Jellied by the two foreign Powere most interested. It was denied by the United States, and it was denied iiy (ireat Britain. Itnssia yielded to this tJovernment iii a Treaty made in 1824, and to England in I line made in the following year. Our Treaty continued in forci! for only ten years, but we nevtir I imicciled to Itnssia the right it claimed. If tho State Department now undertakes to maintain Russia's ohl claim it will be confronted not I only by the opposition of Kngland, but also by its own record. Moreover, it will run countei to the inteiuational principle it has invoked against foreign Powers in numerous cases, that an open sea caDiiiit be exclusively cuutroUcd by any nation. ) H-i m fl28] 2 O ^1 ! n !| 282 Appi'iulix No. 8. " Fur Si'nl Plsluricn of the J'licijie Coaif and Altiaiv." THIS |)aiii|i|i1ot, ill cnimt'ctinii with lliu Climt iiK^ldwd, is (Ipnifniied to axplniii more pnrticulurly Ui our Kiisti'i'ii Scnatiirs niul Oonjjri'.sHiiicii tliu I'lill viilui' of thi' I'lir-st'iil lislu'ries, in nixlor that wlit^n the iliicsticpii of rc-h'iiHini; the fui-Meiil iHlmicIs of St. (Jt'oijic iiiul St. Paul arist-fi, thi^y mny know i^xactly what tht'v aic lioini,', .so that tiioy may iml fjniiit a monopoly to any firm or Coni)pany lor a trith', wiiicji ha.s luM'n ilonc in tiu' pa.st to tho Alaslr(ai<,'tit np he finds that in all (Mi.ses tlicy have not the slif,'htest idea of the same, and whenever the value; is explained, and Charts shown, showins just how Imiad tho claim our Ciovernment has taken in its jurisdiction of the Behrinfj's Sea, in ]iiii- tection of tlie fur-seal, or more )iarticularly protectini,' the Alaska Connnorcial ('ompany in their viist monopoly of the fur-.sea! ti.«heries, ami by this monopcly i^naldinj,' this Company to control nearly all of the fur tiade of Ala.ska, they are astonished, and .still more when it is further exjilained to them tijiit the 100,000 fur-.seals, as taken by the Alaska Commercial Company, hrinj,' nearly 2,000,000 dollnrs each year, and for tliis privilege the fee to the United States' Oovernment is the small sum nf 2iH'>,L'8('i dol. 82 e., beiuf; the exact avemiie amount jiaid by the Alaska Commensal Company, and U) U' paid by tla-m each year, as claimed by the Alaska ( 'ommercial Company, during the twenty years of their lea.se. This is taken from the Alaska (junmercial (Company's own statement in their reply to Goveniur Swineford's charges (seep. 12 of that volume)— and these ligures cannot lie disputed by them — tlnis e, milling the Company to make a clear pii)tit of not less than 1,000,000 to l,2r)0,00CI dollars cacli year otl" the seal islands alone. ■\Vhen they conK; to ligme that this has been going on for nearly twenty years, it is easy to explnin how they have controlled all the trade of this va.st section. KvideiLtly a strong etl'ort is being made by certain parties that the lea.sing of the fur-seal isLiiiiU .shall be at the discretion of the Secretary of tho Tren.sury to say who is the proper person to lea.so llie,«o islands to, mid that a .set .sum shall be the speeiHed amount lor this k'u.se. lielow we copy an article cut from one of the daily i)apers, entitled — The Seal Fiihcrie.'i, (An interesting Repoi't presented to tho House.) Waslthujton, January 2'.'. l?epresentative I )unn, from the Committee on Merchant Marine and fisheries, to-day preseiitoil the results of the investigation by the Committee into the fur-.seal fisheries of Alaska, with sjiecial refereiue to whether the Contract giving tho ^Vlaska Commercial Company the right to take fur-seals liml been violated. Dunn accompanied his Iteport with a Rill on the subject. It proi)o.ses to amend tlie present Law by jirovidiiig that one year before the present lease to the Alaska (.'ompany expires, nr when any future similar lease expires, the Secretary of the Treasury shall lease to the proper jicrsoiis the right of taking fur-seals on the Islands of St. Paul and St. George for twenty years, at not le.ss than 50,000 dollars per annum, and 3 dol. 50 c. in addition for each sealskin shipped from tlie islmids. Such lease shall not be transferable. You will notice in this lleimrt it is reeoniinended that the Secretary of the Treasury shall lease to the jiroper persons. Now, the (piestion is, who are the projier persons >. Can any one read this Keport and fail to s(;e where tho interest is '. Why not put flu; lea.sing ofthe.se islands in a bu.siness shape like any other fioverniuent Contract ? Let it be awarded to the highest bidder, give all a chance, ami not allow this one iiian to decide who are the |)ro])er persons to whom the.se islands shall be leaseil. If it is done in this w.iy it is safe to say that the m;xt lea.se will realize from G00,00(l U) 800,000 dollars p('r annum to our ' 'overnment, instead of 400,000 doUars, as per recommendation of Jlr. I )unii. Von will also notice that it is recommended to amend the Laws .so that the Secretary of the Treasury shall not only have the power of re-leasing the islands, but that this Law shall apply to rniy future lease, thereliy extending tliis power to an unlimited extent, in fact as long as these islands are of any value for leasing. Who would not like to be the Secretary of the Treasury and have this power ? It would be aliiiost as good as having the islands themselves. Now, we protest against such action. It shows fraud upon its face so plain that a blind iiiau ought to see through it. This Report of the 29th January goes further on, and says: — ■ The present I^w is declared to ajiply to all the waters of Behring's Sea in Alaska mentioned in the Treaty with Kussia by which Alaska was ceded to the United States, and the President shall take measures to have arrested all persons, and seized all vessels, violating the laws of the United States therein. lu addition to the above provision is made for the pititeotion of the salmon fisheries. The Report reconimeiids that the Act to prevent the p-xtc-mination of our fur-bearing animals in Alaska ue S8d contiuueil in forco with au'taiu amoiiclnioiits, iM^lioviiiR that not only th« systoin it a(loi)t8 but xhe mutlioils of carrying; it inli> ull'xt aru wull ailupUMJ for tiio imrpuHu iiidicutuil, In uDiichisioii, tliu Coiiiiiiitteo HiuIm llio folluwiiiK I'lictH. — That if the liiiw prott'clinj; Hi-al life is eiiforcuil, tlic; pruHiTvatioii of tlio Mwil lookurieM will hv assured the n'vi'iiuo voiitiiiuwl and iiicrcasud, and tlio native iniiabitants nf tlie seal islands niaiiitaini'd, withont cost to llie Oovernmi^nt ; tliat thu Alaska ('((Miiiiorcial Company lias fully piuiornicd lis Contract witli the (iiiv.'rnniont, and haa contrilaitcMl lilicrally to tho snp))orl, inaintiMiance, couil'ort, and civilization of tht! iiihaliitants of not only tiu! seal islan,92ri,7;i6 dol. 40 c, this leaves a difference of 2,0'j'4,2G3 dol. 51 c. between wliat they will iictu'dly have paid, according to their own figtu'es, and what is claimed in the Report of Rei)resentativo Biuiu. Now, We ask, why this false representation by one of our Representatives '. Having now fully shown why this Rijport, as reconnnended, should have no bearing — showing the fulaityof the same — we will now go further, and show the value of the catch of the 100,()()0 fur-seals, as taken by the Alaska Connuercial Company for the year 188S. We will also show nearly the actual cost of the expense to the Company in taking them, .sending to market, commissions, &c. While this is a difficult matter to do exactly, \w will come near it, and allow long nutrgins in favour of this expense, enough so that it will undoubtedly leave a balance in their favour [128] 202 1 !■;■; i «i i !;' i i '■''}, in ' iNri ti i 1: 1 284 III till' lit'Nt (illicit, \V(> taki< lliuir iivdiii^u iiiiiiuiiit piiiil U> llio Unvonimuiil, us |iiuiil III the iiativi'H t'lir killing' iiiul skiiiiiiii); IIii'mi'iiI. Ill llii'ir ri'|i|y to ( iuvriiinr Swiiii'l'iirirs ilmini' (p !'.•) ilii'.> wiy : " Tlu'ii' lilt' H7 riiiiiilii'M on SI. I'mil IhIiiimI ; thcii' mi' L'li I'miiilicM on St. (li'oi]i,'o Ixlmiii ; iiiiikiiiL: IIM rniiiiiii'.'^ in nil." \Vi' will 'Xl\f till' lii'iii'lil of l.'ill (liilliiiH lor I'lirii liiniily. wliirli is llii' lii);lii'.sl |ii'iri' oliiinii'd IIS In'in;; |iiiiil to llicin lor tlicir .mirviii' (si'i' |i. Ill in llii'ir ri'|ily to (lovi'rnor Swiiu'forilH rlim'i,'iO. TIiih woiiI I i^ivi' lolnl fNiirii-^i' lor killin;;, Hkiniiiii},', curiii;;, innl loiiiliii^ into tilt' vcsHol, iiH paiil lo tilt' nativi'H This iillowM till' vi'iy lii^lit'Ml fMliinutf |>iiiil lor iIiIm sirviri', lUTonlinj; to llirir own llt'|Kirt. Wt' will now iniikt' III! iillowmii'i' of for (tx|M'nHt' of llii' l'oni|>miy on tlir iHliinil.s for tlit' vi'iir, inilt'|K'n(li'iil of tlit< niimi juiitl to tliti niitivi's. 'riiin is lor wliilf ilcrk liiic, iiiNnnint'i', iinti I'nr I'lii'l, iinti mi iilniiitlmil NU|i|ily of .siilti'tl wilnion, wliit'li is ^ivi'ii lo llir nutivt's I'iit of ('lim';;t', \'t'., wliiili wt* think lo ho II full nim'^in for this t'\|ii'n.si'. Till' iii'vt ilt'in of i'\|ii'iist' is salt, which is llic only iirticlf nsctl to cure ihc skins. VVi' will say that it lakes 10(1 tons of salt ■Jiiil ions will tin this, lail on ncconnl of the short linic in which seals aif taken, it iloes not alhiw iiineli tiiiif to n.si' it over, which ran Ih' ilone two or three times. This suit at |>ri'.sent is wurlli '.> tlollars per ton in San Francisco, in .small lots of I lo Id ions. We will say that it co.st lliiit lor 4U0 lon.s, inakiiif,' c.\pense of sail Tho next item is cost of trans|iortiilitiii from the islainl to Smi l''i'aiieiH(;ti. 'I'liu steamer " St. I'nnI " is ilesij,'ni'tl for this pnrpo.so. Slut niaile three trips ilnriiiK tilt' yuiir 18S8, clearing,' from San Frmiciseo for t lunalaskii— Isl trip, ch'aretl March L'L', IS.SS L'ntl trip, clearetl May 1:!, ISSS. ;!rtl trip, clearetl Sep'temher K!, \XHX. Ki\c\i time the manifest callcil fia' a.s.sortcil uoihIs and niei'chantli/c of various kinils, mill fully one-half of which was consi;,'netl to other parts of Alaska, so that prohiibly one-half of the expense of this steamer conlil Ik* cliar<;eil to other hiisiiiess, iinltipeiitliuit of the seal islaiuls. On twti of the.se trips slie cleared with thirty men, anil once with thirty-one. The steamer is prolmhly employeil ei^hl months in the year. The expensi! of this cannot lie accnnilcly csiimaletl, hnt liy estimatiiij; the expense "■' this vessel ... lor the year, wtinlil. we think, jiive liuii; nnirj;iii, so as to inelutle wear ami tear, interest on invest menl. insnnince, \'c. : llii.ol, f 2!Ml,2Hi; H' M.H.Ml iiO :io,(Miii fill ;!,(pou .ill.lKKI liO IS,?.")!! (Ill ,"i,;i7.'i 00 ,j,(lll(l nil .■12,000 on 10,(10(1 00 47,2:.2 :!:. 75,(;o:'. Ti; ■;5y,3(i7 w 20(3,28(1 82 47,2:.2 ;ij 7r.,(io;.! 76 :,1MM 00 470,092 1)3 These figures are practically coiTect, and can bo verified. This amounts to within 88,375 dollars which is estimated, but the cstiiniites are iimde lonj,' enough .so that any ConiiMiny obtaining the future lease of these islaiuls can contract in San F'l-ancisco for tliiu portion of thu expense at these figures, ami even less. Having now found the actual cost, or near the same, of the 100,000 seals, we will go further and 2^S |)(.l •J'.tH.'JHC, N'l ;io,tHio 0(1 ;i,iii)u uu liml wlmt tlm.si' hciiIm with miM for; we iiiii llirii clcti'iiiiiiio llic |iiiilil, or iinii il, I'm llic year I88fl mi tlm 1(111,0(10 wmk Tlitt .tkiiiM, iiricr iiniviii^ in lininlcni, wi'io mcpIiI on tin- ii(li NovcniinT, ISKK, liy (I, M. |juii|Mon mill < o, lit |illlilir hiiIk lit till' Loliiloll < 'iilllllli'l'ciill Siili' IIiioliiM, Miiii'iii^ Ijiih-, mm ju'r lliril- rll'.aloKlK', wliii'li I'lin III' olitiiiiicil IVoiii all i'X|Hirti'rs ol' I'iiin, iir I'roiii nil liir<^'r I'lir lioiiNrN in tjir |>riiiri|iiil ritiri of till' I'liitril Sliitc.H. Tlii-y wi'ii' Holil ill loin, tlm lururtt li'l of wliirli ronliiinril '.''.''J skiiiH, iinil tlio prill "< iiinK<'il li'oni l.'tdi. iicr xkin ilowii to 'J'.U. In iii'iIit to k' ' »t tlir rxiirl iinioiiiil ii'iili/ril liy tint will', ^^|' liiiM! iiHNorti'il tlir lots, iinil liml tliiit lliry Inoii^'lit iis folloW'i : ■l'.\ I 'ill i,',f»:i .1AII l.tiiiii 1,240 4':o A,^ III) Hll 2H0 411) Hll U'l U\\ fill 24'J 147 IH.'J 3,'imi ■i,riiin .■\2llll 177 li4U ;>6H 244 I Hll nkliiH liroiigltl l.ll'«. Mill I.IIUH .Il Ins hniiiitlil ! ',*«•. „ ;ifio ,, ,^ ll!l<. „ 2,l«l !• (• IIK(. „ ,11111 117.. ., 2..1II.1 • • ,1 IIIU. „ 'J4,)inii ,, ,, II.V „ .1,4'iil III*. „ IHO ,, , ll.'U. „ HIS ,, 1, tl2«. „ ■ilW ,, ■ 111. „ fttt (1 ,< I0»<. ., 170 »t ,, 107. „ 1..177 ,, ,. I05>. ,, 14,1, Ml ,, ,, III.V ,, 2,711 ,, ,, !IH». ,, ■i.7ll!l ,i ,, ltfi». .. !I.IH7 ,, 11 oru. ,. 2.'i7lt !M.. „ 2IIII ,1 ,, !i;i«. „ i.iiai ,, ,, n: „ ■ii:.\ (III. „ ■MI3 • 1 oil*. .. 172 ,, ,, H!l». „ 3K4 ,. ,1 HHt. ,, 24f. ttlf. An.. ft7«. .-■Ai. ."■.'Ml. .^4.. .'ill.. 44.. 4 '2.. 2D<. rln'h. NIIV, r.(l,(Hl(i no I8,7,")ii (III iniulti TliiH ciicli, ,"),;;7."i ("1 I'O ... •J.dOII (Id 1 lots. 1 lbs., • . • ;!j,(i(Mi III! Jll Vlil 111,1111(1 Mlt !.\ liei- u on ... 47,2.-c' :(.' u'-sunl yni, M 75,(;(i;\ 7r. ... .^.59,307 0:t 2UiJ,2«i; 8'2 47,2:-:^ :W 7.-.,(iOl! 7() ... f)l,8;-|() 00 470,992 93 within 88,375 dollars I obtnininj,' the future i ut these tigui'cs, ami e will go further and Now, in Hiiniliiiii^ up lln' ililfi'ii'iit lot>, I liml llnit instcinl of lliiri' Ix.'iii^ only |lMi,Oilli .skins, ii.s f('|iit'siiiitril lit till' ln';;inniii;; of l.iiiii|'son niiil Co.'s riilii|iij,'iii(, coiiHislin;; of '.17,871 Aliiskii fiir-si'iil skins, siillril, mill 2,lli',i .Vliiskn ^I'lil skins, iIii'ssimI iiiiIiiimI, tlirni whs |IHl,M|ri skins, wliirli iriili/ril oS|l,!l| I/. :k, which, wlii'li riMlnrt'ij to I'niti'il Stiitrs' nioii(!> on tin' Imsis of I ilol. H-i^ i:. to llir |ionnil utt'rliiif,', iiinoiints to 1,StlO,()'.l4 ilol. ll'.lli'.t r., lliiis l)iiii;,'iii;r on all avi'iiij;!! 18 ilol. Mil-?'.' c. |ii'r skin. \\r fojiiil ilmt Mirst' NkiiiH lirniiglil UitlllctiliK tlic iOUl mat ol iiimi- . , l.oHm A nrt |iroflt of Dill. r. I ,Hilll,ll!l4 2'Jfi7 .■i,VJ,3A7 'J.I l,;i3(l,72C 3A'fi7 fiiv till' yuiir 1888. Kijiiiriii;,' this us fji'iii'iiil ini'irliiints ilo, il nmki's ni'iiily n in't inotit of \>'M jht iciil. im tin: niiiital invcsli'd. Tiilk iilioiil your sngiir trust, yiis stork, WntiT ( 'oiniianii^s, niilio.nls, iVr., Ilii.s liiys Ihi'iii nil in tin' simile in tin.' inattci of ))rolit.s. Tlirsc lij;tiii's niv. not nii'ii' ^iirss work, Init the fiii'ts, mill any one hy followin,!,' the ilireitions as speeitieil ran liml voiiclu'l.s for all these estiliintes, Having; now shown the viiliie of this ]irivilei,'e in a fair ami laisiness nimiiicr, we ask, is it ri^^lit iiiul jlist to the Imsiness men, nierehmits, I'lipitalistM, ami |)ersons of the I'liiteil States who hav >ney til invest, ami nre more than willing to invest wlieri' there is a reasonalile elimiee for returns, uu.i, this inivileije shoiilil he placeil at tin.' iliseretioli of one man lo ileeiile who is the inoper person to have this ]iiivih'j;e I Are we not vii,'lit in this elaiiii that if it is plaeeil like any other (liiveinineiit loiitnut that CilKI.IHKI to 800,0(10 dollars jim' year will he otfereil for this privile^je, ami hy ]iarties wlio will i,'ive as giHi.1 homls as can he hail for the fnltilnieiit of their contrait ! Amoiii; the various niethoils for hamlliiij; of the fur-seals, one is that the (iovernuieiit shall take cluiri;e of this, ami eoinliiet this Inisine.ss .so- as to derive all the henufit therefrom, which is not a had one. Some would say tin! (iovernnient eimld not do this. It seems ])lm'n and ea.sy. [,et the fJoveni- mcnt lake eliarj^e of this Ite.servatioii. The aitieles noeessaiy to eondnct the Imsiness (tonld he lioii;;ht the same as it now is, with onlinarv siip]ilies, hy hids. A coin)ielent foreman can he ohtaiued lUiinii^ its olhcels to sii]iei'intend the killilif; and eiiving of the seal, as it requires no ureal skill to ito this. The (lOvernnient steiiiner " Hear" could he u.sed to traiisiiort sup|ilies on its trip to the Aretie in llic spring and hriiio hai'k to San Fi'anci.seo the seal-skins on their ri'tnrn trij) in the fall, thereby causing but little e.xpeii.se, as on both trips to and from the Arclii; they )mss williiii r>U miles of these islands. The skins could he jiacked and shipped under the ](rovisiim of the llovenimenl otlicial.s to CM. Ijtmpsou and Co. for sale, and returns made direct to the Trensui-er of the I'nited States. This seems to he the liest and most practical way to dispose of this franchise, thereby deriving all the benefits there may be in it U) the Government. Tl:e privilege of nondncting a general store on the islands could be sold the same as with other Reservations, ns 113 families would undoubtedly support one good general merchandize store. Another way, which we think would be much lietter for the liest interest of the people of the Pacific coast, would bo a.s follows. Let the tJoverninent take charge of this Reservation, and, in.stead of killing 100,000, tike 50,000 seals; aud iu doing this, let the selection be luoro thorough, so that the 50,000 skiua shall ]>e strictly It ill 'ill i'i I 286 chnici' NkiiiH, tliul wimiM iivuni^c tlin lii^jlicNt )H)Milili' )iric(>. Tlini iiIhiihIdii tliii |in>Ni>iit iHilicy „t rluiiniiiK till! MfliriiiK'N Sru um an iiilitiiil hcii, wliich cntilint \m' iiiiultt to nIiiiiiI in tli« (MhI. Iiostiii i i||, killing iif Ni'iil wiiliin tlii' It-niilc i>i' (i-niiitt limit, uliiitcviT in licciiltMl tn Ih^ the limit of wjnit ii niilinn ( mi holil iiutlicii'iiy over (lie liinh hoiim, iinil in lliii* wiiy it would promote tlic inihixtry of priviitu Hfiiljnm,, n miU'li iini;*'!' I'xttMit tliiin it now in. A jHTsiin nut knowing; tiic vuhic ol'tiiis inilunti'v woiilil itsk \vli('i'(Mn it wmilil lie In tlir inlciisi ,,f flic I'licilic iiiiwt to |iriiniiit(' the nciilin^' imluNtry liy privjitf iniliviiliiiilN. Tlu^ answer in, llirtrlniiitli, of till' money ilcrivi'tl I'mm the catch of tlii' privatti Ncalcr ix put ri;{lit into circulntion in lliis niioimr, in fad, i|uil<' a lar^'c |it'ri'i-nta;;(* in put into cinnilation licfori^ llin vchhcI Iciivi's port. In order to nmlii. tliiN more plain, ue will ;;ive the detail of llie privale-Kcaler liUHinesH. In the lirnl place, a vessel ||,t< to he secured, either hy churterini; or pnrcliaMn),'. The vessel!) employed in this biisiness are iinmilt Knmll schcHiners ran^'in^' from 40 to 110 Iowa hnrden, 70 tons liein^ a fairaverage for si/.e. We will h,iv un oriler is ^'iven to our ship-vards for a vexBul for sealing' : For a new vessel of this description of "0 tons u fair price in San I'Vaneisco is ... 7,0(HI im This IS desi^'iied to curry six otter- or sealiii}i-l)oat.s, and it new of Iwunty-om* men. As soon IIS the ves,sel is recei\ed from the ship-yard, she has to Ih' fiiiiiisheil with her iiiicliors, eliains, spare ro|H's, an extra suit of .sails, dishes, cooking utensils, and other articles too niiiiieroiis to mention, of which ... ,., ... ... ... is a low I'slimate. The next item is the six hiiiiliii;;-lHiiiti4, with un averuKe of 100 dollai's each A I'oiiiplete new oiittit of ^'iiiis, rilles, and aniniiinitiuii, riui^iii){ from (iOO to '.Kill dollars, according to the ideas of the muster or owner, wliicli wu will call Salt for curing the skins Then cumes the item of pro\isioiis, coal, \'c., for ii cruize of ci);hl months for twenty-one men, would iivera;;e ... ... ... ... ,., The slop chest, which consists of clothing', liliinkets, iioots and shoes, toluieco and medicines siiilalile for a crui/e, and which the law forces all muMtei'H to tuke, is estiimUed The \e.ssel is now ready for .sea except the crew. These as n rule i;o on a lay, hut nil lieiii^ ]ioor men, they ,i{eii' .illy have un lulvance paid to them, riin;,'iii;{ from ;tO lo lOil dollars, anil with a crew of twenty-one men a master may ho coiiHiilored lucky if he gets otf with less than udvaiicu money for his crew. Totid e.v|)ense to stnrt with .•,.MIII III) liiiii nil T.'iii no Kin (III nun im •l.'iM nil 1,2011 nil 13,6110 (HI This is as low an estimate us II ves.sel carrying; six Uiats cun lie hiiilt and furnished for licr liril trip, with a reasoiiiilily hiir oiitlit siiitalile to make a success of llu! liit^incss. This is near the actii.il expense which any one would W al to eni;a;,'e in this Imsine.s.s. Of course, lliis ainount wmild iiiinii- diatcly jjn into circulalion. .Vt the |iresenl time there are ahoiil lifteeii American ves.sels on the I'acilii coa.st eii^:a;,'ed in this laisiiicss. Now could this Imsiness lie hroii^'ht up to II "i vessels, it would iei|uin' 100 new vessels and oullits, which would at once put into circulation I,;l."i0,ll00 dollars at the Imwisi calculation |>ossilile, and would j;ive employment to iMOO iieii. We will now e-stimat*! the iivcnyc catch of the |>rivate .sealer at 10,000 dollars each. This, one Heiwon with another, is a fair uvciii^i' catch, and would ivali/e 1,000,000 dollars for the 100 vu.s.suls The crew, ill the end of the snwuii. come in to lie |iaid oil', and, as u rule, receive one-half of the catch, which aniounb) to .'lOO.iiOn dollars. This is |iut immediately into cii'culalion, leuviu;{ the halance in the owner's hands to luilaiiic lii> outlay on the trip whatever net protit there may lA', in the husine.s.s. We will say that it is di\iilt.Hi lietween the 100 owneiif. Now lhe.se 100 owners support 100 families, us a ride, and spend much iiinri' tliun though it was made and handled hy four or live men in it stuck (.'ompany. This cxplaiih wherein it is to the liest advantage for the I'licilic coiwt to have this liusine.ss open to any one wiin wi.shed to invest in the same. It is (ilain to he seen if this e.xtra auumnt uf Imsiness coiiKl U tlistriliiited on the I'aeitic coast between San Francisco, Portland, Tort Towiwend, Seattle, and nllitr I .ihijipiii}; ]ioiiits, it would ]iroiuote all tnule und business, with jicrliaps the e.xce|ition of the liack-iliivcr and undertaker. The Government at tiie same lime would derive a liirye revenue on the sale of liio 50,000 .skins, enoufjh to pay a dividend on the jiurcha.se of Alaska hir^er than it ever has done, auil have a niar};in to protect the seals on their breedinj; f^rounds, which is conceded by all should b ofton «u» n(>|MiH.s iilioui tliti Moiil-liiiiitdrn with iviimrk* of the way limy cuiituri' Hctiln, clHiminu ihnt iiiiiny w«ru hIidI iiihI woumlcd, mid cnurliud in tiiu moNt oiidciiiiiiu iiiiiiiiifr tliiil tli<> |Miiir Nnds wiTi' 'itli Nliiit-^iiii mid i'illi>, hci iih to ciiiry llii^ iiiiin'cmiiiii tli.it it wiih tlin iiiiHt I'l'iu'l liiiHitit H nil the |iiii'l of priviid' mchIitn, mid ii liimiiicHH tliiil itlioiilil not liv nllowi'd, it iK'ii:^ crtii'l ill til*' <'xtn'iii)< mid iiiiiii I'l'XNiiry. We will now liini tlin ti.lili'M, mid imk wiis llini' ever ii nioixi iTiicj mid Imilid iin'tliod invmit'd for killing diiiiil) miiniiilM tlimi i." now prariiNtMl in killing ni'iiU on tlin iNlmiilM of St. (!i'or){<> mid Si, I'mil, liiui^^iiic liow tliiw Iiinlilv ill filijji'iil miiiniilH iirc uriidiiullv forced mid ilrivcn iiwiiy fioiii tlir miii, their iiiitive I'leiiit'iil, driven iiilmid is fur hm d 'eiiied |>iiii'tii'iil. The Nliiii^liler then (oniiiieni-eM, liiiii){inn ii ffUtji of men with eliilis miii liliidp'oiiH kiioekini^' cuil their liriiiiiM ri^ht mid left, mid if III" Neiil in not hit ri}:hl III the lii'Nl Mow it U follnwed ii|i mid Hliiiif^hteii'd, its liriiiiiM iH'in^' kniH'ked ciiil I. ii cliili. \Vlio niti iiiiii^^'iiie II more eriiel method thiiii IImh for killiii;{ diimli iiiiiiiiiiN f t'ertmnlv the |iriviite iii'iiIi'i'h method i.s the moNt hiimmie of the two, i\piiii, it is eliiimed Ihiit muiiy hcuIn me .sliut that "ink mill me loMt. riidoiililedly there ;ire some lott in ihiN way. hut the |iei'i'eiitii^'e \h \in,\\\, |irohiilily one ill tliirly or forty, not more tlimi this. It ix hImo claimed thnl ten are Hlmt and woiindcil that die to one lliiil \* secured. This is al.so mi error. Many seals are shot at that are not hit at all, Init when ii seal is wiiiiiiiled, sii that in the end il will die, it is most always secured hy the hunter who may have to niiiHii lit II several times in order to ^'cl it, as the seal in the water cNposes only its lieiiil, and when fiifjiilciied e\|ioseH only a small iiortioii of that, so that, to^'ether with the constmil diviii;^ of the Mial, ihc iiiiition of the hoal, \'c., makes it very hard to hit. This is where it is chiinied that ten are shot mill wounded to one that ix siM'iiitid, hut it is nearer the truth that one is lost to ten that are secured, I'm' the reason that when it seal is wounded il caiiiint leiiiaiii under water any length of time, and tlii'li't'iire the hiinler call eiLsilv fidlow it up and secure it. We will now look at the Chart of the Itehrin^'s Sea and see on what uroumU our (loveniniunt oliiiiiis this. Villi will Hot ice a loii){ chain ol islands, inlled the Aleutian Islands, exti'iidiii^' in the I'liriii of a circle to the westward, dividing; the I'acitic Ocean from the Itehriiin's Sen, Tlie.se islands aru uiiileiihteilly of Volcanic fornmtion, and v\ Idle they extend some !,:.'( K) miles to the westwiird, they do iKit inclose the llehrili^'s Sea. The Island of Atton is our extreme western jios.session. The dislmice fruiu the Island of Alton to('o|iper Island is l7o niile.s, and to the nuurest point of the Kuniclialkii i(«ust or Siherimi side, ;!70 miles. \ow if our (ioveriimeiit can claim and control a .sen with a pa.s.sa}{e ;'i7ll miles iicross, we want to know how she is j,'oin); to do it, and on what j^rounds. Certainly not ihnt it is an inclosed sea. Mon- t'Sperially, when you ajjnin look at the Chart, you see that the Island "f Alton is at the extremo end of the chain of islands, and as you follow this I'liain i,''s Sen they go directly hack on what they claim on Itlie pft.sturii side, and sny. We own all this sea, and if you are found in it your vessels are suli.ject to [it'i/ni'c and yourself fined, iiinki..,., lio aUowanee whntever for what jKirtion you niny he in. whether I mile or lOl) miles from land. Our Oovurnmeiil then going diruutly hack on what it claims from thu aiiailiau anthorilies on the other side, we ask, can this claim he held when it conies to a fiiuil issue !' I.'vi fur it has lieeii done hy force, hut might 's not nlways right, and can any one claim hut what our iliivcniment will have yet t only. It .seuniH that this inin^'iniiry lionndiiry-line i\n .set down on the (^'llmt ori^innled in iniii^'inii|i:iij iiineli the mint' iim nmny stories, nnd iil'ter lieinj; lold iiwhile is ueeepted as a fiu't and helieveil \', |ii< true, even liy th(^ person who lirsl lohl the story. I!nt when ii thorouj^di investi^ution is nuule, it in found that they will not hold wiiter, and are matters of liction only. Having,' now vevii'wed this iinestion, we nsk our (Mistern (Jonon'.ssnien and Senators and I'laslcin newspapers to eNaniini' tlw nieiits of tliis ease, so that when this important measure comes up tiii'v will know llu^ lull value of the same, anil will act in the way that will lie tor the hesl interest oj' ilii> most peoph> of the United States. When .Alaska was purchased, it was undouliledly dusif,'ued lu I*. for the lienelit of the mas.si's, and prolialiiy not to (aeati* a nnaiopoly for the lienefit of a few men lailv, thereliy retarding' the growth .iiid developnuuit of this veiy valualile Territory. We also lhiid< tln' laws should he so amended that a person could aci|uire a title to property, and so ctiaii;,'ed that a white man could have the privile^je of kiliin;,' a mink or an otti'r tor its skin wilhiait lir.st marryin;,' a sipinw; US the law now reads, no white man is allowed to kill any fur-liearin]L; animal unless he marries ,i .sipiaw, 'I'liis is noir commoidy understood, liut is a fai't, and is a ipu'cr state of alfairs, and one iImi wiadd not lie relished liv parents liaviui; sous tliat wiaild like to ^'o to Alaska, nuire especially if llicy .sIkhiM have seen the i;r|i supposed to apply to the present method of taking' aiilmon, called tish-traps. This oilier, if carried into ellect, will undoubiodly work great liardshi))s to the salmon eauneries nnw onipiged in this busiii^w in Alaska. Section H reads that tlie publication of notice of .seizure and eoiitiscation of vessels shall In' published one month in the ])apei's at each I'liited States' )iort of entry on the I'aeilic coast. Willi regard to this publication, it is earnestly ho]ied that it shall lie plain, and clearly deliiio just what tlu' Oovernmeut claims as its domain, whether it claims the shore-line or the whole Hehrinji's Sea. hi I 1887 similar notices were jmlilished in San Francisco, but did not iletine what the Goverimii'iit | claimed. In this year the (iovernment vessel "liichard Hush," commanded by Captain ohi^pard, seizwl ten or twelve American and Fiijilish sehnimers enj;a;;ed in fur-seal hunting' in the 15ehrin}j;'s Sea, takiiii,'! them wherever found, about l."i miles from land beiiiL; the nearest that any was found anil seized. One I Knglish ve.ssel was !I8 miles from laud when seized, nnd others from 211 to 70 ndles from land, and inj • Wnittington, yfarch 15. — In roinpany with D. tlrown Goodc, of tlif I'liiU'il Slftti'S* Fintieries Commifsion, Senator Stor)iIirid|t7, 1 Chairmnn of the roi.mittei' on Fislieries. to-ilny niUeil ii|ion .'^e^•n'tI^^y \Vilnlom willl reference to the Aet reeentty pn»»'(l lor lli.f protertien of the !*iilnion tiaheries in iVlaskn. Tin- Aet mit1 it nnUwful to en'Ct or maintain any nbfltruction tn ttie rivers of .^lasktl with ttie purpose or rewult of impetlin)^ or prevenlill^ ilie uneeiit of it yeiO-, it is >aiil, eerlnili partiea, by tlie aiil of tliims, captured millions of tlsh, ami liieyl »r»' rp(>orie phraseology was clianged by tlw Senate an Foreign ReUtioni, and it waa enacted into law aa foUowi, WfTll icfe ISccTCturv of Stir I; 89 iKi ciiso wns mi.v viv-hcI williiii IIil' .'l-iiiil(' liiiiil, wliidi i.-i rhi)1iihi'iI to lnt wliiit ii Tmtii)ii IioMm niiil (•(iiitiiils III' till' liiL'li ■icii^. <':iiit!iiii Slir'|iiiiil in line insliiiiri- win'ti iciiiiiii-triilcil witli siiid : " \Vn do lint III iv «lii"i' Villi ai'i', wlii'llii'i' 1 mill' 111' "inil iiiilcM (Vimi liiinl, we nii' u'niii'i tn liiki' vmi iiiiywln'ri' in .1 11 I. ..:....'. k;.'... •' 'I'l.;., 1.;.,l. I I...I i: il ..!• ! i .. ' i ,i i iiir ( liivi'iiiiiii'iil, caii'ii'il a ;4i'i'iil (inil )ivor lili;; nil llp' liisil |iiililin nii'ii, iinii till' |>iiiilir si'iilinii'i:!, wlirii'vcr llii: niHi! wiut illc^'MJ mill niiiM iiiil III', siislaiiii'il. In lj l.ilii'M in till' year IMS7, tlieieliy |ii-ai'(iially ailliiitli:i;; that llie seizures nl' |S,'-t7 were wruin; and illegal. llri'iil injiisliee was dune tn tlie iiwiiers of ,\jiieriean Vessels , iiya^ceii 'M lliis lnisiiiess in IHKS liy till* williliiildiii'j 111' wliair the uriier was tn lie with leeaid (n the liehriiiu'.-' Sea iiiitii the iiirival of the "li'icliani liiish " ill Oniialaska, thereliy kei'|iin;,' imt, the Aineiiean vessels. 'I'he Kii^lish niasleiH lit Viiliiria I laiiii that they Imil advices rrmn their (invernineiil al Ollawa, thai im seizure wnnld lie niiidir diiNiile (he ;5-mile liinil. 'I'lie n^iill was thai the l'',iii,dish vessels went in. while the Aiueriian vessoln sieved niilsiile. Menee this |iiililiealiiili '^hmilil liy all ineaiis he eN)ilieil mi this piiiiit in nrder thai no mil' run lie misled as lliey were hi'^t year. We linw eiinie In llial pall iif llie li'i'vi.sed Statutes I'sei'liuii lll.'ili)* where the killing; nl' liny otter, mink, niiilin, salile, nr I'lir-seal, nr ntlier rtii-heaiin;,' iininial wilhiii the limits nl' Alaska 'reirilnry, or in llii' waters therent', il I'eads:-- " Any |ier.snii j;iiilly llierenl' shall, Inr eaeh nd'eiiee, he lined iint less ilani L'IKI dnllars nor mure limn 1,(100 dnllars, or iniprisnned nut ninre than six mniilhs, nr hnlh, and all iiiillils ec.ntisiuled." We ask, was there ever in tiie whnle hislory of the world, a Law jiassed that shnweil (|iiite the iiijuslici! thai this does :' (!aii ymi lind its jiarallel f AVe diailil it when yon look lit the iietiial oll'dnoff us I'liiiipareil uith the value of the jiroperly taken. '•"■■" ••■'■' •■■' '' ■■ ^'"' '■" ■•■'■ its laarkel, value I leiiii; less than 1 ilol lar. ]'"or instaiiee, a miner on the A'liknii kills :i mink, e is siihjecl to a line of jio.ssihly 1,000 dollars and iinpri.son- Tlu^ sanii^ f-aw would ini'iit fur six months, with the eniilisialion of his hoals, bhinke(s, prnvi.sions, \t. llu^ sanii^ l-aw would ;i|)[ily to a ])ros|wcl()r .should he kill a heaver nr a hear and use it fur food; liotlian; fur-hearing animiil.M, ami are eoiiimon in Alaska. The question eonie.s n]i — lor what reason has sucli a J,aw been jia.ssed f Is il to ]irolecl llie I'nr- lieiiriii!,' aniiiial.s of Alaska ?"f On the face of it, il would .seem .so, hut really siieli is not tlii,' eii.se. A I,n\v like this has a ((Miileney (o diseoiiraLie all iiarties from fjoiii^' to Al.inka to trap, luiiil, prospeitl for mines, ninl this is what is wanleil liy those who control the Irade of Alaska. It is not desirahle thai .\l;iska should heeome settliMl, and its resources fully developed. It is mnre desirahle to their interests lli.it white men should he kept away, and Inr this reasnii a Law like this is ]iushi'd thrnu^di hy .snme iiKniis or other, which mi the face nl' il Innks siiieere, hut when iiiiderstnnd slinws plainly llii^ injusliex^ III' it. and the delriment (o the hesl interests of Alaska, injusliee to all residents of Alaska, and to all I'lirlii's wlin would like to •,"> there. Tt is an understood fait that no vessel can j^'n (o Alaska for trade iiiiil make a siieeess ; il is im]iossilile tn lniy furs from the natives to any extent. AVhy is lliisi' .Simjdy, wlii'ii a native sells his furs to an milside trader, he is cut off from trading; al the various jiorls, and is 'I'he louLter lliat white men are kepi White hunters and traders liunl and. \i;liially eonsidered an nuteast, lieiiee ihey ila»>. not do il. I'll! iif Alaska, so much the lon;;er this trade is coiilrolled Mini their furs where thi'V choosi , hence il is desirahle that all such persons should he ki^il out nssilile. It .seems tlii l ihesi Laws are sn frameil in nrder to (^xilnde eom[ielilimi and n^lard ileveloiimeiit of Alaska instead "!' dev(diipiii^; its resources as they slimild he, and o)ien this va.sl 111 v.iindy for the henelil of the whole pi nple and not for the exclusive use of a few rich and jinwerfiil ICiiiiiiianics. An earnest apiieal is meii.' Iliat these f.iiws shall he amended sn that a while man can at in the cnuntry withnul heiiiL; a erimiiial. .Sini]ile justice asks this, as Inist live I r.'^iiiirces nf .\laska are ils furs, lisheries, and mines. the only practical lisheries, tlu> I'd lish-tmii^. nneries now els .shall 111' coast. Willi lust wlial till' life's Sea. hi 1 Ooveruuii'iit :>;pard, seizeil s Sea, takiii'^l seized. One land, anil in| Ltor Storliliriilp. ly pniiBt'tl for lli- T rivers of Alwki luiiiiniuiii |iiii"il'!. I of ftsh, and ihej • of tlie Tr." lur; igt leiitinii of ihfl trioos uonct'tn ■ iMf. Dounimj Sir d, August 9, 188!). \\ FTII reference to the letter from tliis D-^pavtiiicnt: of ye.'^lerday I ;Mn din^cted by the ISaTetury of State for the Colonies to tiansniit to you, lor comrnunieation to tlie M.iiquis • ^^fctiiin :\. Tliiit, Sirtiiiii I'.'.'iC ui tlic U« vi.-^nl Shitiit. ■ hniiniuns nf tin- l/nited State.* in tin- wiitcr-* nf UL-IirhiLt's * of \\\i> l.'iiitril Sl.iti's is lKril)V (lect-iri'tl to incliidr nii'l niiply t;i ull tlti* Si'ii, and it •iliall he the duty iif the Froidcnf, at it timely M'li.-snn in vtx'-h *ar, to Wtwv his IVochiiimthm Jitnl r.-uise th<- ^:lm^' t<> hv |nd*lish(d tcr <»iii' month in at least imt' in ws-pniitT, if any Mu-h lliere be |faMi*l»d. Ill rruh United Slates' jmrt (f cnliy 'in tlic Pariii! cciast, w.irtiin^ all prrsun'* .■iL'iin>t i-ntrriiij; said watcr.s for the puriioHo l*< \iol,itinK the |)ro\i>iuii of mu\ tiurtinn, atnl lie thi'll ubti eanse nne or more vessels of ih** United Staten to d'liir«ntly cruize in said vA^^r nud arrc.-'t all pt'isons, and seizo all persona found tu hi', or to Uxiw bt-cn enguj^ed in any \iohition tddf for the execution of the pro* isions of this eertioD until it is otherwise provided by law, nor shall he graut uny r|iic:ji1 pileitis under this Beclion." it [1281 2 F n\ 290 pf Salisbury, a copy of a further telegram from the Governor-General of Canada, rerpoctint; ,tlie seizure of the " Black Diamond " and " Triumph ": — ,. " It appears from a telegram, dated the 8tii August, from Ottawa, that all luldiiionci information respectirg ' Black Diamond ' and ' Triumph ' is being sent to-day ; Mqis •have been taken to secure sworn affidavits as to exact location of sf;izurcs and lioui ciiiig of those vessels." I am, &c. ', . (Signed) ROBERT G. W. HERHERT. • . ' No. 207. ■ • • Colonial Office to Foreign Office. — {Received August 15.) |Sir, Douninrf Street, August 11, ISsi). WIT FT refcrcnct^ to the letter from this Department of the 8rd instant rcspiciiii^f the seizure by the United States' authorities of the " Black Diamond " in the JBcIuiuL's Sea, I am directed by Lord Knutsfordto transmit to yon, to be laid before tli(> -AI;iriiiii< of Salisbury, and for such action upon it as his Lordship maj' think i)ropcr, a coiiy nf a further letter from tlie High Commissioner for Canada inclosing a copy of a r«.lit'oii to the President of the United States from the owners of the .Vmerican schooner " Sim Diego," which appears to support the Canadian view respecting such seizures. The Orders in Co-.ncil of the (,'anadian Government referred to Sir Cliailcs Tupperwere forwardea to the Foreign Office in the letters from this Department of tin 18th August last year and tlie 9th instant respectively. I am, &c;. (Signed) ROBERT G. W. HERBERT. Inelosure 1 in No. 207. Sir C. Tupper to Lord Ktiutuford, 9, Victoria Chambers, IVestminster, London Myliord, Au st 9, 1889. WITIT reference to my letter of the 2nd instant oi. the subject of the scixuiv of British vessels in the Bebring's Sea by the United States, I now have tho homnuto transmit, for your Lordship's information, a copy of a Petition to the President el the United States from tho owners of the American schooner *' San Diego," Avhich srpm< to support the Canadian view of the matter. AVith regard to the American proposal J'or tho establishment of a close time for tho Behriug's Sea in relation to the scal-lishing, I should like to reefer your Lordsliip to the Order in Council of the Canadian Government, dated the '1th July, ISSS, wliidi deals very fully Avith this part of the question. I think both Lord Salisbury and your Lordshi]!, after a careful perusal of ihis dociiment, will conu? to the conclusion that tlie adoption of the proposal tluit ];■ discussed would practically mean the exclusion of our iishermen from the Be]!vinu''s Sea, Avhile, at the same time, it would operate entirely to the bcnciit of tlui Alask?. Commercial Company, with whose privileges it Avould not interfere. It also demon- strates, \n my opinion, that there is no scarcity of seals ; that any indiscriininiitf slaughter Iha't takes place occurs on the islands on wliich the American Coiniwiiy pursues its opor.:.tious, and that the se;>l-lishing industry niight be extended con- siderably without any appreciable eifcct upon the su[)ply. Supposing, howevci', llial,", nccessitv Avas found for some measures for protecting the seals, a proposition ol tin' kind shouhl be made; upon a proper basis, which would open-ate equally agniii-t :i!l, and not be a partial measure such as that suggested by the American Government, tin adoption of Avhieii would be tantamoimt to tho exclusion of British vessels froni ])artici])ation in the industry. I have! no doubt that your Lordshii) has seen by this time the furtlier Ordoi' iii Council of the Canadia.i (Jovernment api)roved by his Excellency the Govenioi- General on the 29th June, 1889. This also contains information, much of it I'loni American sources, proving beyond doubt the justice of the British claim to ( (|.i;l rights with the United States in the open Avators of Behring's Sea. The right oltliei American Governmeut to make Eegulations with regard to the fishing on tlio islau(ls| and the mai: disput(;d, but strougest jios! the open wati liavo advance( Majesty's Go that tliey will by tli(> Avithdr up, and not o; in tli(! fishery l)ut also dcma cargo have b( I consequence ( miizers. UNDER expounded in Garland (4 \V adjudged again furniture, and t as appears by i. reference, are ir Tlie offenc of fur-seals in provided. Ren 1. That th 2. That, o condemnation, rot offer itself i 3. That a parties to the p tbe District Co from the Jud» Act of May "l permits rights o 1. Because Treasury under l;o\ver conferred Statutes does n From the f ^re in danger without a full tl llie trial .Judge provided, and w lional power of ft has bc( power of remiss involved, oi- wh ;pn had. Our case is Mil not had, am w vessel had b( [t ivould he extn 'Oitod States. Upon this 1 [128] ref-pccting a(klilii)ni;l ay ; ^t^.'p5 loardiii;,' of IBIT»T. 1, ISr'l). rcsjji'cliu:' > J3clu'inL''s i(> .Miu'iniis ', :i cojiy 111' I' a ri'li'tliiu lonov " S:m ]iv Charles ncnt of the R13E11T. toi 291' jmd tlic mainland, and in the waters within the 3-milc limit from the shore, is not' disputed, but before the purchase of tlie territory, the United States dissented in the stmiii^est jiossible manner to any claim of exclusive jurisdiction by another Power in the open waters of the sea in question, ,".nd it is only comparatively recently that they liavo advanced their claim to I'egard thr, open sea as United States' proixTty. Her ilajcsty's Government have always resisted such a contention, and I cannot doubt tliiit tliey will now take such steps as will insure the promjjt settlement of the question by tlie withdrawal of the United States' Government irom the position they have taken up, and not only tluis enable British vessels to engaije peacefully, without molestation in tho fishery industry, in accordance with the rights conceded by interuatifmal law, Imt also demand reparation in favour of those persons whose vessels, equipment, and cai'i;o have been seized, and of those who have in other ways suffered injury in consequence of the harsh, arbitrary, and unjust acts of the United States' Revenue I cruizers. I have, &c. (Signed) CHARLES TUPPER. •, London, le sci/mv «i' I hoiioui'to .ent of tlic \ vhieh sm!i< DSC time fori .ordsliipto] S^S, wlik'li iisnl (if tliis sal lliii'i u 15i'ln'lii;''s Ihe Al;isb.' ilso (lemmi- iscriiuinntc Coinpniiy! ndoil ('"11- evi'v, llialE sition she was hoarded fioui the Revenue-cutter •' Corwin " [?] 17th July, 1880, and was seized because the hoaniiiw officer mistook the purpose of the master's answer, that he had killed a few seals in Behring's Sea ; the muster referring to some thirty seals taken near Copper Island, in RussiUii \vater>^, and the boarding ofiicer supposing him to admit tt)at he had been seaHns within the water boundary of the United States. The hoarding officer was also misled by the presence of skins of recently killed seals on board, tiie explanation being that snine twcnty-t\\ o sealskins had been taken in the Pacific Ocean, off Ounalaska Pass, before runiiim in for shelter, and hud not been salted, because rough weather and fog had prevented the carei'id process of cleaning, salting, and folding from being carried upon the deck ot so small a vessel as the " Suu Diego." It appears that the owners of the " San Diego " had cxjircssly instructed the master not to interl'cre with the privileges of the Alaska Coraniercial (,'(>in|)any, nor violate the law in any ])articular, and, although we hold that, under the ruling of Mr. Seeretaiy Boutwell, the diplomatic contention of one Government, and the doctrine recognized in the recent release of the IJritish sealing vessels, our vessel might lawfidlv have taken seals in the very place where the ofiicer found her with fresh sealskins on board, we are obliged to a. That 'lids aru Court, whicii nitainst perso lioners of re benefit of tho 84 1, United I In eoncl the place whe peiut of law, iit the same t I'orleiture in t own, have bei our own, we appearances, ; Secretary of t tiiat personal! and that whil of Rehrinur's S , wliicli the lie advcrsi' follows :— jssi's. L. N, red at tlint V iihout the iiul.«, about it ocean up aid toward :1 and south ?astward till iiniii'; storm eve she was as tbuiul to d from tlu' ,0 boavdip:,' ' seals in Island, ill luie-euttcr, i^-al lo t:ilii'| the lav so I ssible intcii- int no sriilsl time .)f lliel very evident I from tlie whole record that \vc, tlie present petitioners and sole prospective losers hy the ' seizures of tiie vessel, never intended nor contemplated the taldni; of n single sealskin on that voj'age in an unlawCnl or clandestine manner. Havitig; openly cleared our vessel for n liuntinj!; voyasc in the North I'acitie, \vc Knew that, in due course of administration, that • fact would reach tin- Alaska Company, and the Revenue vessels employed for their protec- tion ; hence it would he folly on our part to assent beforehand to any duhious or risky transaction hy our a^cnl, the master. Your Excellency will not fail to consider the United States' Attorney-Ciencral for Alaska airainst our application for the restoration of our vessel aiid cari;;o. The grounds of his opposition and our answers are as follows : — 1, The finding of the vessel in 15eli'.inp;'s Sea, equipped for tishim:, with fresh skins on beard, together with the admission of the master that a few had been taken in Behring's Sea, raises a jiresumption against our present evidence that no seals were taken in neliring's Sea except near ('opper Island. To this we answer, llic vessel was openly {iticd and dispatched for seal-tishin^ ; that the f/esh skins on hoaid could not reasonably have been cleaned, salted, and packed before seizure, and that the master had reference to liis senling operations near Copper Island when he said he had taken a fe.v seals in Beliriiig's Seu. 2. Tlie District Attorney says that the answer of the ma'-ter, that he thought seal- tisliing lawful outside of a ;5-niile limit, raises a presumption that he had been fishing, outside, though within the water boundary of the United States; to which wc reply that this argument makes for rather than against our present application, because if the master thought he had the right to seal outside the .'}-mile limit, his doing so would bo innocent, in fact even if illegal at law. ."». Says the District Attorney, the allegation tliat the vessel was driven through the Pass into Behring's Sea is improbable, and throws suspicion upon the merits of the case. This unimportant observation doubtless arises from confounding the voluntary passage of the vessel through tlie Pass to escape a storm, with a sujiposititious driving of the vessel through the Pass hy the wind. 4. Says United States' Attorney that, although the owners of the vessel were represented by Counsel, they did not produce at the judicial hearing the imjiortant testi- mony now offered pt parte. This argument is met by the circumstance that the ownerr, of the vessel had no opportunity to select Counsel for themselves, nor lo induence the production of evidence and arguments in their behalf in that distant locality, and hence it would he hard to hold them responsible for a failure to prcdiice evidence at the trial, which they admit the - Counsel retriined for them by the ca|)tain ought io have produced, iind for the non- liroduetion of which said Counsel Imve been dropped from the case. The captain who ('ni])loyed the Counsel at Sitka thought his own testimony ought to have been taken, but he (lid not feel iiuaiified to (piestion the judgment of his attorneys. 5. The District Attorney believes the merits of the case can be better determined on the pending Appeal I'lom the judgmeiit than by an executive proceeding. This argument is refuted by circumstances that, so (ar as the Statute Rook shows, there is no Court in which the Appeal, taken at large to the Circuit having ajipeiative jurisdiction, can be located or determined. (i. That the jjower to remit is an extraordinary one, and should he used rcstrictingly. This argument of the District Attorney has been long since answered by the Supremo Court, vvhicli has said that the laws i.nposing penalties are not to he construed strictly iiiiuinst persons or jiroperty for the benefit of the revenue, and that the laws conferring jiowers of remission are remedial in their nature, and should be liberally used for the benefit ot those who have itinocentlv incurred the sanction of the penal law. (10 Whealon, 841, United States v. Morris, lOG.)' In conclusion, we remind vour Excellency that no seals were in fuct taken in or near the place where the Revenue oflicer supposed the "San Diego " had heeii sealing; that, in point of law, no unlawful sealing was done hy our vessel ; that the Mritish vessels seized at the same time, in the same locality, for the same cause, and judicially condemned to I'orteiture in the same Court, by the same Judge, and under the same circumsbinees its our own, have been released upon the ground of innocency ; that without any actual fault of our own, we have, in fact, been deprived ot a fair trial in the Court below, and, to all iippearanccs, are left without further judicial remedy ; that the reniissoi y powers of the Secretary of the Treasury, by u piobaMc oversight in the Statutes, do not reach our case ; tliat personally we have been free from all evil intent, fault, or negligence throughout ; and that while our agent, the master, did not take the seals within the American boundary ot liehring's Sea, he might justly have doue so in view of tlic ruling of Mr. Secretary Bout- ' M ■■- I ■ i is ^? m »-,i « m m 384' ivell, the diplomatic action of our own Government from the first to the present tiiomcnt, and the general hclief of merchants, lawyers, and all persons interested in tiie seal fisheries tliat such fisiiing is lawful in any ])art of IJehring's Sea, except near the islatuls of St. Paul, St. George, or within 3 miles of the shore. Havinfj iile were pushed on. 1 am, &c. (Signed) T. IL SANDERSON. No. 200. Mr, Edwardes to the Marquis of Salishunj. — (Received August 19.) My Lord, Washington, August 5, 1889. ON tlie 1st instant I had the honour to inform your Lordslup by telegra|)h that the newspapers reported the seizure on the I Ith ultimo by the United States' Revenue cruizer "Rush" of the British schooner "Black Diamond," sealing in Bciuing's Sea, being at the d the time of the seizure 70 miles trom land. It was also reported that another British schooner, the "Triumph," w^s also boarde by the Captain of the " Rush," but no arrest was made, the seal-skins on board tli "Triumph " having been cajitured in the Pacific, and not in the Bchring's Sea. I have not up to the present date received any oflieial information on the subject. There is, however, no doubt about the truth of the faet tliat the seizure of a British vessel has been made, nnd that another British vessel was stopped an(' searched, both occurrences taking place on the high seas, on the grounds that they had no legal rights to seal-fish in those seas. The (jucstion of the exclusive jurisdiction of the United States over the Behring's Sea is thus reopened, but it does not appear that any new feature in tiie case has presented itself. However, a novel situation is produced by the fact whi(;h is reported, that, after the seizure of the " Black Diamond," one of the crew of the United States' cruizer having been placed on board of her by the Captain of the " Rush," with orders to take her to Sitka, the Captain of the British vessel ignored the instructions of the man in whose charge she was supposed to be, and sailed for Victoria, British Columbia, where she is reported to have arrived safely. Mad she gone to Sitka, she would, in nil probability, have been declared by the United States' District Court of Alaska a lawful prize. As your Lordship will remember in the case of the British sealers which were seized during '-'ll S8ft the last two yenis, and after aci/ure were condemric' oy the United States' District Court of Alaska, the United States' (lovcrmuciit aj^rcucl to release them on their owners giving bond to appeal to a higher ('ourt. Few, if any of them, availed tlieinselvcs of this permission, and they were ultimately sold by public auction. [ have been given reason to believe by a lawyer of sonu! standing in this city, tiiat through sonic defect ifl the legislation affecting the territory of Alaska, the only appeal that could have been mhdc in the matter would have been to the Supreme Court of the United States. 1 cannot luilieipatc that the United States' (iovorninent would try and justify before that Court the seizures by a pretension that the Bebring's Sea is not an open sea. However much their action and the action of Congress may appear to put forward and maintain siicli a |)rcten.si()ii, it is llu- general opinion that the Supreme Court would not hesitate to pronounce itself iigainst it. On what the United >itates' Government would base their claim to exclusive seal- fishing rights in the llehriiig's Sea it is difticult to foresee, but in conversation a short time ago with a |U)litician of very high standing under the late Administration, I learnt that the following argument has been l)rought forward and used by one or more of the most prominent lawyers in the Mouses of Congress. I'hcy maintain that the "seal nation" in tiiose seas has its domicile, lireeding-grounds, &e., on United States' territory, where it is carefully preserved and protected by United States' law, and consequently they do not admit that the seal loses its nationality when its habits cause it to temporarily absent itselt from its home. Krom what I gatlicred from the gentlemen above referred to, I I'eel confident that this was one of the chief arguments wliicb might have been used by the United States' (Government bad the matter been brought up to the Supreme Court during the time that the late Adtiiinstration was in power. I have, &e. (Signed) H. G. KDWARDES. No. 210. Colonial Office to Forolijti Office. — {Received August 20.) Sir, Downing Street, August 19, 1889. AVrril reference to your letter of the 17th instant, I am directed by iiord Knutsford to transmit to you, for the information of the Marquis of Salisbury, a copy of a telegram which has been addressed to the (jovernor-dieneral of Canada in connection wjth the Ik'hring's Sea seizures in 188fi. I am, &c. (Signed) JOHN BRAMSTON. Tnclosurc in No. 210. Lord Knutsford to Lord Stnnlei) of Preston. (Telegraphic.) Colonial Office, August 18, 1889. IT is very unusual to press for diplomatic redress for a private wrong as long as there is a reasonable chance of obtaining it from the Tribunals of the country. Her Majesty's Govermm-nt consider that they would be in stronger position for dealing diplomatically with Behring's Sea cases if appeals on 1886 seizures were pushed oa. < i| No. 211. Colonial Office to Foreign Office. — (Received August 21.) Sir, Downing Street, August 20, 1889. WITH, reference to previous correspondence I am directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a copy of a despatch from the Governor-General of Canada, with its inelosurcs, containing information respecting the recent seizure of the schooner " filack Diamond " and the detention of the schooner "Triumph " in Behring's Sea.- .. '•■ ■■ ';■ ■ ' I am, &c. (Signed) JOHN BRAMSTON. "^T' 290 ' ■ ' ' Inclosure 1 in No. 211. Lord Stanley of Prenton to Lord Kiiulsford. My Lon), Citadel, Quebec, Aiujunl 8, 188D. IN tmnstnitlingto your Loidsliip sucIj infurinntion as I have been able to pioourc up to the present time respecting tlie recent seizure of tlie schooner " Black Diamoml," and the detention of the schooner " Triumph," in Kehrin^'s Sea, I deem it my (hity to brin;; to your notice the very strong fcelinir which is arising throughout the Dominion consccpient upon the continued seizures of Canadian vessels upon tlie open sea, and their condemnation in the United States' Courts of law. A sense of irritation is growing up in the public mind not only against tlie Government of the United States, but against the Imperial Government, which may at any moment result in serious trouble, and there is reason to apprehend that, if the supposed inaction of the Home Government continues, the sealers may be driven to armed resistance in iiefcnce of what they believe to be their lawful calling, and it would be difficult, if not impossible, for the Dominion Government to prevent such a state of affairs. 1 had the honour recently to inclose to your Lordship a Minute of the Privy Council containing a very full recital of the past history of the so-called Bebring's Sea question, and I must express the earnest hope that your Lordship will move the Foreign Office to take such steps as may tend to an early settlement. Up to fhe present time there has been every disposition on the part of the Canadian people to rely on the maintenance by the imperial Government of the inter- national rights which the Foreign Office is charged with the duty of protecting, and if the question of the free navigation of the North Pacitic (or Behring's Sea) were fully maintained, I do not think that any reasonable measures which could be proposed for the protection of the (so-called) seal fishery would meet with a refusal here. I have, &c. (Signed) STANLEY OF PRESTON. Inclosure 2 in No. 21 1. Lieutenant -Colonel John Tilton to Sir John Macdonald. (Telegraphic.1 Victoria. J uhj '',0, 1889. SIR JOHN THOMPSON requests that the following telegram, just received, addressed to Honourable Mr. Tupper from Victoria, signed E. Crow Buker, may be repeated to you : — " British schooner ' Triumph ' arrived yesterday evening from Behring's Sea. Master reports seizure of IJritish schooner ' Black biamond ' with catch of sealskins by American Kevenue-cruizer ' Rush,' 70 miles off land. Boarding officer informed master that all vessels found with President's Proclamation and recent instructions (.s/c) issued by Secretary of Treasury {xic). ' Triumi)h ' had no skins on board, and therefore escaped immediate confiscation. Is it not possible to afford protection to some twenty Canadian schooners still there prosecuting their legitimate business, and liable to immediate seizure if not alreati ciiill iiiul iiskfd (or her |ih|um-s. 'I'liu officiMs of tlu; "Black Uian.ond " ollircd no iirmi'd rcsislaiici'. luil ul'iiscd to deliver tlic |)ai)t'i-8. Captain Slicpaul at once biokf o|.iii tlic caliin, and foucd llio liin^cs off I lie stronuj Imx and the captain's clicst, llicicliy >c(iiiin,:i I In- pa|iri>. A scarcii of tlie vcssi-l disclosed 10,001) sialskins, which had l;crii tiikcii in Hchiinu's Sea. Captain Shrpnrd iilacrd a nou- conimisaioned olficer lioiii IIk; " Un>h " in cluirij;e of the •', lilack Diamond," and onlered (he vessel to be taken to Sitka to await further insliucii ns. 'lin- captain of the " Hlaek Diamond " stated that wlicn in \icloria he had been ordered to pay no attention in case he wiis overtaken by the " Ivush " and re(iiic*ted to heave-to. ilc said he would not have surrca'iered if the" Rush" had had an inferior force to his own. On the 1st July the sciiooncr "Triurpph" was also boarocd by C'ai)tain Shepard, but no arn'st was made, the skins Oil boiMci having been captuicd in the Pacific. A passenger who arrived on tliu ••Dora'' siiid : " On our way down from St. Paul's Island we saw six sealers and tlio "Rush" pursuing. Un(loui)tedly by this time (he "Rush" has made additional captures." :y\' Captain Sliepard's Report. Washingloti, July ',]0. — A telegram from Captain Shepard, commanding the llevenue- stennier " Rush," says lie seized the " Mlaek Diamond " for violation of section 1 950 of the revised statutes. This section was incor|)orated in the Pre?ident's Proclamation of the 21st March, on the subject of seal (isheries. It forbids the killing, by nnauthorized jiei'sons, of seal and other fur-bearing animals within the limits of Alaska or in the waters thereof. The penalty provided is a fine of from "JOO dollars to 1,000 dollars, or imiirison- iiient for not exceeding six montli.«, or both, and the (brfeiture of the vessels violating tbe law. brings the lie United ertook the Diamond '' ports and Fnclosurc 4 in No. 211. Extract flow the " Ottmva Citizen" of Auyusl .'{, 1889. Hkiiuing's Sea Tuoujji.ks. (By telegraph to the " Citizen.") Wiishinfjton, L'/if/. — The seizure of the British scaling-vessel " Black Diamond" by the Rcvciiuccuttcr '" Rush" is believed to be the beginning of .a series cf seizures which must j lead to some definite understanding between the United States and Great Britain on the suhjcct. (ireat Biitain has eniphaticaliy expressed tiie opinion tLat tbe United States' jGovcininent has no jurisdiction (/vcr the Behring's Sea outside the 3-niile limit. Our Government proceeds on the assumiiiion that it has a viglit to jn'otcct the seal in any part of the Behring's Sea, although the State Department has never stated that assumption in lircct terms, and all its olficial utterances on the subject carry the convietion of the pL'pnrtment's consciousness of inability to establish the claim on tiic basis of any Treaty am'i'cii.ent or international law. Mven the Acts of Congress do not anywhere assert a I'laiin over the whole of Behring's Sen, but only over Alaskan waters or the waters adjacent llo Alaska and to our ivlaiuls in l)eliiii;:;'s Sea. Indeed, the one |)lna uiinn wliieli the lUiiited States' (Joveinment captures sealing-vc3 in No. 211. I':,ct met from (lir " Ottnn-n Citizen " of August '5, 1889. Virtoriii, ILL'., olli. — The most astonishing thing tliat has happened here since tl; foundation of the town was the arrival in the harbour yesterday of the " Black Diamond,' Ca|)tain Thomas, which, on the 11th July last, was seized by the American llevcnuc-eui'i: " Rush," tor the alleged illegal capture of seals in Utiiriijg's Sea. Captain 'rhoiims, ih, moment ho stejiped ashore, was met by the owners of the schooner, and to thiin Li reported the facts connected with the interruption of his vessel's sealing tiij). He siL.'lii((i the Kevcnue-eutter " Hush" on the 11th July, 5 miles away. He was eatchin;; se.Js at the time, and was 70 miles otf shore. He immediately made sail, intending to cliult' tin j cutter and avoid any possible trouble. 'J'he wind, unfortunately, was rather light, and " Ru.sh's " engines enabled her, inside of an hour, to overhaul the "Black Diainoiul "I The ('i)inmander of the " liush " at first signalled the schooner to heave to, hut wl attention being paid to the order by Captain Thomas, the " Hush" steamed almost along- side, her C\)mmander shouting out his order for her to lay to. This he did tlirce tiim-, but Captain Thomas still paying no attention to him, he steamed ahead of the '•Hlarkl Diamond "and lay across her bows, compelling Captain Thomas to haul bis vessel up sharply and lay to. Then Lieutenant Tuttlc, three other officers, and two boat-loads of Yankee saikirsl came aboard ami began making an examination of the " Black Diamond " hold. Ciipiainl Thomas demanded an explanation, when Lieutenant Tuttle informed him that liis VLSsd was under seizure for the illegal catching of seals, and demanding the " Black Uianioi.ii's" pajiers. Captain Thomas indignantly repudiated the charge that he was acting ilieijallyj and refused to give up his papers. Lieutenant Tuttle argued, demanded, and tlireatcmi:,! and finally, alter three distinct, cniplmtie refusals on Captain Thomas' part, ordered hij seamen to breid< open the cabin lockers and iind what the Captain refused to give up. Thcl papers were found, and Lieutenant Tuttle took possession of them, refusings to Captainj Thomas' repeated demands to return thcni. An American sailor named John Hawkins wasi then left aboard by the Commander of the "Rush," who informed Ca|)tain Thomas that licl and his mate were under arrest, that the schooner was to be taken to Sitka, that the ciwl were not to be detained ; but that the vessel was to bo delivered over to the United tilatcj'l Collector of the Port of Sitka, who would take whatever further action should be tli()Ui;litl necessary by the American authorities. Written instrmtions to this effect were given tol Hawkins, and, after a thorough search of the schooner, l,ieutenant Tuttle, with his olIiai>r and men, departed, and shortly afterward the "Rush" steamed otf toward some otlicrl vessels in sight. Captain Thomas said nothing to Hawkins, but putting up the port liclnij headed toward the Alaskan shore. Four days later the " Rush " was passed by the " Bliclf Diamond," but did not hail her; the schooner was headed in the proper direction, anl there was no necessity for speaking to each other. But the next day the "ISIacJ Diamond " reached the harbour of Ounalaska, in the island of that name, forming one i the Fox Islands in the Aleutian group, and went inside in the hope of finding there i English man-of-war. The place was deserted however, except by natives, so Captaiii Thomas, without any ado, turned his vessel about, heading for the passage leading into thi Pacific Ocean, and, reaching that, headed straight for Victoria, where he arrived as describ 2m above. Captuiu Tliuiiias siiid he wusii't ^oiiig to kl uiiy one Yunkuo sailor tukc liiiii caplive into Sitkn, nnri, as Nciuiion Hawkins nppenrs to liavc lind very little to say about llie inattrr after tlic " Rush " dcpurtcd, tlic Caiiadiiin kept \m determination. 'i'iiern was no violence on the " JMack Diamond." Hawkins, as soon as lie saw that Captain Thomas didn't intend to sail the sehooner into Sitka, seems to have made some snrt, 1)1 a protest, incfl'ectuni, of course, and then settled down to a realization of tiie truth fli .-^ayiti^' that " there's many a slip 'Iwixt the cup and the lip." Me was (piitc hopeful, ftlicii he eame ashort; to-day, that he wouldn't be swuiij; from a yard arm for not <)l)eyin}? i)ril( rs. In tiie face of iiis predicament Ik; was in fact remarkably clie( rlul. I le proceeded lit ontT to the American Consulate, where, handing; over his instructions to the United St:ile>i' ('Onsul, he made a statement of what liappetwid, as lie saw it, since the "Hush" |.;iiti)il with him. His history of the all'air has been telciirapiied to tiie autliorities at •,Viisliiiii,'t()n. The utmost satisfaction is felt here at the escape of tiw; " lilaeU Diamond," larticularly amonK the sealers and the owners of sealiiiL'-vessels, and Captain Thomna is biinu; made a lion of for his conduct in the matter. Inclosure G in No, 211. Exiracljiniii the " Ottawa Citizen" of An ij us I (i, l«K!). [.s IT A Hack DOWN r IVnsliinijtnn, District of Columbia, C)tli Auijust. — [.S'/«tih/.] — In some (luarters t.iic Irunniiii; away of the " IMack Diamond" is looked u|)on as uolhiiiu; more or less than a siiirender of the position taken by the United States on the 15ehrinf{'s .Sea (picstion. [t was Li) stated this morning by an cx-otlieial of the Government, and, upon my asking for his reason for such a view, he simply referred to tiie course pursued l)y the Treasury and State Departments in IHH8 as a sullicient answer. According to his theory, the seizure pi'tlie "15laek Diamond" was all for cH'ect, and her arrival at a iuitish port was nothing I more nor less than what was expected. The Treasury j)eo|)le witii wiiom I e )nversed ou jtlic subject scouted this position as most absurd. Tiiey state tliat Captain Shcpard was Icairyinj; out bis instructions, and would never have seized the " Blaek Diamond'' unless llic was convinced tliat tiie laws of tliis (jovernment on the fur-seal matter had been lopcniy and unipiestionably violated. Full particulars by mail are to reacli the Treasury iDcpailnient not later than Wednesday next. Captain Slie])ard will explain ttie se:''urc of Itlic "Black Diamond," and tliis, the Treasury peoi)le say, will fully explain his action on Ikakin-r open the cabin and taking possession of the ship's papers. The action of ICantiiin Shepard has t;iven rise to considerable comment in oflici.d circles. One of the Ijeiitlirucn with whom 1 talked, and who is well informed, said tlio " lllaek Diamond" will Ibi' seized the first time she ap.pears in .American water for tliis same iH'ence, but it will be laloii^' lime before the opportunity for such a seizure occurs, and there is no law by which Itk' case can be reached otherwise. Tlu! vessel was seized and got away, and tliat is the Iwlmle story in a nut shell. Tlie Hritish Charge d'Atfaires lias not received any information psyct regarding this new development in liehring's Sea. Inclosure 7 in No. l-'ll. Extract f yarn the " Toronto Globe" of Auyunt 1, 1889. i;: (tl'i \-< i\ More Dktails. Victoria, British Columbia, 8\st Ju///.— Captain McLean, of the British sealer 'Triumph," which has arrived here from iicliring's Sea, is reticent about atfair.s in the fcortli. It is stated by others on the vessel, however, that when tlie "Triumph " was pgiited by the " Rush " there were thirty seals dead lying on the " Triumph's " deck. peso are hurriedly skinned, and the jielts bidden among a large cpiantity of salt. This felt also formed a heavy coating to about 800 sealskins which lay in the 'bottom of the kliooncr. Lieutenant Tuttle made an examination, but seeing notliina; but salt departed. riie men on the " Triumph " say that Captain Dodd, of the " Mac," had said he would (ire h any American officers attempting to board his vessel. Lieutenant Tuttle told japtain McLean he had seen five schooners entering Behring's Sea on the 4th July, viz., [Maggie Mac," "Triumph," "Mary Ellen," "Lillie L.," and " Black Diamond." The [128] 2 (i 2 aoo latter wns cnpt'ircd, l)ut tlic fate of the otlicra is uiilvnovvn. Tlio "Crtrona " arrived to-duy. Cnpliiin Carroll siiys when lu! leflJuncau, Wednesday, the Uritish n)cn-of-w;ir " Swiftstirc," " Icarus," luul " Atnphion" were there; they lelt for I'ort Simpson on tho following dav. The " Corona" heard nothini; of tho seizures. A iiuinhcr of prominent dPalinn men waited on the Cajjtain of tha Britisli man-of-war "Cliampion," which sailed to-day for the north to Join the fl.'et, and fjiive him fill particulars ni wiitin;^. lie will convey then |)ersonally to Admiral Ilenca^c. A deputa- tion also waited on the ilonourahic John Kohinson, Provincial Secretary; he Ims tele(,'ra|)hcd to Ottawa dcmandinj; protection of the Imperial (Jovernmcnt, 'IVieiiiams nUo have l)eeii sent hy the most prominent puhlic men of tlie province. Tiic action of the Imperial Covernmcni is anxiously awaited. No. 212. TIk' M(n-)'' the Comn.ission sent to \\ asliinj;ton. .""ir.J. Paiuicelbte will he |)repare(l to disci ss (he whole (pieslion when he returi;-; lii ^\'as!lin^;ton iri the aiiti-.nm ; hut you sl.culd ]',;iint out that a settlement will only ii/ hind(;red ^hould the Uuitod States' authorities ic.-ort to measures of loice auiain^t lliilis i ships beyond the Jj-milc limit, aj;aiiist which ili; Majesty's Cijvernment must ni'.'c.ssurily protist as contrary (o the princi|)le of in'.ern.ii.I,(iial law, which the United .States have aoi only acknoulc'diicd, hut have themselves firmly and publicly maintained. 1 am, iVc. (Signed SALISBURY. '■i it No. 214. i\/r. Edti-ardin to the Maniuix of Salisbury. — {Received by telegraph, August 2G.) My Lord, ' ' Newport, August 2(], 188!). I HAD the honour to receive on the 23rd instant your Lordship's two telc,i!r:mi» of the 22nd ultimo, instructing me to inform the Secretary of State that repeated ruaioiiis I had of iale reached Ilcr Majesty's Government that United States' cruizers have stopped, il to-(liiy, nftsiirc," »iii;4 (lay. in-ot-war liiin fill . (lepiiU- : l)L- liiH lou ol' the ;, INH!). lit Dilii^ii k' (li^l;iii"o ivcnilmiit, ictlicr ,mv pracllc\>l)l.' iciilciits. ) ;, ]ssi). )Vi.'vi,ni-; i-iii'j,V Sc;i, .ivi'ii li^;, ,iK' bctwtcii •IK'l' ^'!l lUld I'lu'lp- ill iiKii'iiw nil' hj\-<. .il' l.!ie rc'tui'!;-; I" II only li.' 11 -t i'lili-i iu".'csj;irily s Ir.iVf net SliUllV. v/ 2G.) - ^^^^'' joaicliPi'i niul even si'izcd Hritisli vcsscjs hi ni'liiiiig's Sea oiiUidc tlio ^-inilo limit (Vom tlip nciiri'>'t liiiid: llint allhout;!) no offlci il roiifir'-.iiitioi) of tlu-sc nniDurs Imd reacliccl Hui Xliiji'sly's (loveimiii III, liicrt' did iiit aiipear fi> lu- iitiy reason to dmilit tlicir aiillicntiriU. Your F.ordslii|) dcxin-d ino at tii(! siinc liiiic to in(|iiin' wlu'tlici lliu United Stnics' ('iov(i'inn('i\t wfi'O in |»iissf's>.i(in of siniiiai' iiiliti matioii, and In asU that stiiiii;cnt iiistriiciions HJiiiiild 111' S'l'iit at till- ciiiIirNt nioiiiiMit, wilii t!ic view to prtvc nl llic lioss.hility of Biicli (Kriirioncc-* lakini; iilacf. In spiMkiiii; to Mr. Illiiiiic on tin- uliove sulijoct, your Lordsliip in^trnctcil nn- to remind liini tlial Hir Maji'-ty's (iovcriiini'nt iiiid ivt'i-ivfd la'-t year very uli;ar as-iuraiues (uiiii .Mr. I5iiyiii(l, nt that time Secretary of State, tlint, pendiiii; tiie di-.eussioii of tlie ijcneial t|ueslion>» at iKsiie, no furtIrT intcrfi leiiee sliould take place willi IJritisli vessels in ikliriiij?''^ Sea, and, in eoncin.>ion, to state that Sir ■). I'anneefnte would he |)icpared, on Ins rctuni to \Vusliinf;toti in the lUtiinin, to di-enss the whole (jiiestion, addiun' tl'at ller .\liiie>tv"s (lovcrnnieiit wished to point out that a settlement could not hut he hindered by iiieasiiris of force on the part of the United States. I aecorditifily lelt iit once for Bar I lai hour ^M, line), where Mr. IJlaine Ims hecn passing the buminer. and on tlie nioiniii,^ of liie 'Jtth instant I called on him, and made a coin- niiiiiieation to him in the ahove sense. Mr. IJlaine at oiue asUtd mo to addie-s to him a note eontainini; the suhsfaticc of vdur Lordship's insfruelions. lie said lliiit he was unahle to f^ive u reply until ho had consulted with the President, l)ut he |)roinised that I shonUI receive one to the note I was to aildress to him nt a very curly date. .Ml that hi' could say to me then was that similar rumours hid leaelied the Unite! States' (jovernment, which were prohahly aut'untic, idlhouj^h no otiicial eoiilinnation had iR'cn fiivcn to them, and he could say to me, in further ifply to my communication, that lie wa^- of opinion that there was little divergence in the views of the two Governments on llii.' points at issue. On the termination of my interview with Mr. I'jlaine, I dispatched to voir Ltird- shi|) a telegram intormini!; you of '.hat had taken place, and then, in accordance with .Mr. lilaine's rcipicst, 1 addressed to him ti note, a co[)y of whieli I have the honour to indosi'. In the afternoon of the same day I met Mr. IJIainc, and he told me tint he had i.ikliesscd a letter to me containin;; the rejily he had made to me carlim' in the day. I had till' honour to forward to your Lordship by telci^raph the substance of this reply, a copy of which is herewith inclosed. Tiiis reply, as your Lordship will see, eommcnecs by sayiiij.^that rumours of the seirch ^11(1 sii/ure of Hritish vessels in Belirin;;'s S.'u by United States' criii/er.s have reached the Uiiiud States' Government, and that althouuh no nflicialcoiitirmation ul thoie ruinour.s has hceii received by them, they appear to he based on truth. ;\lr. IJlaine then .ttoes on to say that it has been and is the earnest desire of the I'lcsideiit of the United States to have such an adjustment m shall remove all jiossilde ;;r(nui(l of tnisunderstandini,' with ller Maji sty's Government conccrnin'j; the e.\i.-.tin!5 lioiibles in the Bebring's Sea, and that the I're.-ideiit believes that the respon.ibility for ctliiv in that adjustment cannot he ])roperlv cliarti,ed to the Government of the United j^iaies, and he begs me to express to your LorJship the irratiliealinn with which ihc Government of the United Slates bears that Sir J. I'auneeiote will be prepared on his riuirn to Washinurton in the autumn to discuss the whole question. .Mr, Blaine concKides his letter by sayini; that he has pleasure in assuring inc that tlic Government of the United States will endeavour to be prei)areil for the di.scussioii, and tliiit, in the ojiinion of the President, the points at issue between the two Governmeiits are cupalile of prompt adjustment on a basis entirely honourable to both. 1 aeknowleilged Mr. Blaine's letter in a note, a copy of wiiich is hcrcwilh inclosed \hicU;sure No. 3), informing him that I should lose no lime in bringing his reply to iho know ledge of LJer Majesty's Government, who, while awaiting an answer to the other imiuiries I had the honour to make to hnn, would, I felt oonddent, receive with much sutialaclion the assurances which he liad been good enough to oiler to me. I have, &c. !; • ^ « %. m (Signed) H. G. EDWARDES. 20, 1881). o tele,i^r;mb l cd ruinoiiis j ive stoppi'il Inclbsure 1 in No. 214. Mr. Edwardes to Mr. Blaine Sir, Bar Harbour, Aucjmt 21, 188!>, IN accordance with instructions wliicli I liave received from Her Majesty's Principal Secretary of State for Foreign AfTiiirs, I have tiie honour to state to you that repeated rumours iia"e of late readied Her Majesty's Government that United States' cruizers have stopped, scarclied, and even seized British vessels in Behring's Sea outside the 3-nii!e limit from the nearest land. Althoui^ii no oflBcial confirmation of these rumours has icnclied Her Majesty's Government, thi^e appears to be no reason to doubt their authenticity. I am desired hy the Marquis of Salisbury to in(|uiie whether the United States' Government are in possession of similar information, and further to ask that stringent instruclioiis may !)■■ sent by the United States' Government at the earliest moment to their oHiccrs, with tlip view to prevent the possibility of such occurrences taking place. In continuation of my instructions, I have the lionour to remind you that I ler Majesty's Government received very clear assurances last year from Mr. Bayard, tiicn Secretary of State, that pending t!ie discussion ot the general questions at issue, no furtlier nterference sliould take place with Rritisli vessels in Behring's Sea. In conclusion, the Marquis of Salisbury desires me to say that Sir Julian Pauneefote, Her Majesty's Minister, will be prepared, on his return to Washington in the autumn, to discuss the whole (|ucstion, and Mer Majesty's Government wisii to point out to tbo United States' Government that a settlement cannot but be hindered by any means of force which may be resorted to by the United States' Government. I have, &c. (Signed) H. G. E!)WAIlDi:S. Inclosure 2 in No. 214. Mr. Blaine to Mr, Edwardes. •fii >h," by the United Slates' Revenue-cutter "Richard Rusii," the Master of the "'I'riumpii" being informed that immunity from the seizure of his -'csscl was due solely to the fact that .she had no sealskins on board. The Minister represents that four years have elapsed since the seizure of Britisli sealing-vcsscls was commenced by the United States' authorities in the Behring's Sea, and tlie strong representations of Her Majesty's Ministers to the United States have only resulted in a continuance of the policy, and a declaration that sucli policy will l)e systematically pursued. Tiic Committee advise that copies of the annexed telegrams be transmitted fi. ■;' Right Honourable the Secretaiy of State for the Colonics, with the request tlir.i; attention of Her Majesty's Government be invited thereto, and with the earnest hope tlui: an early assurance will be given that British subjects peacefully pursui. g tlieir huvful occupations on the high seas will be protected. All of which is respectfully submitted for approval. (Signed) JOHN J. McGliK, Cierk, Privy Council. Inclosurc .'i in No. 216. Mr. Crow linker to the Minister ot' Marine unci Fi,shcrie.s', Ottawn. [See Inclosuro 2 in No. 211.] Inclosurc 4 iu No. 21."». Mr. Hamblii In the Hon. yf. Howell. (Tclegrapiiie.) .^CllOlJNKK "Triumph" senrchcd by otlictr of United States' Kevouue-cuttLr the 11th .July i'l nduing's Sea. No ^■kills. \'csscl released. Olficer told 1\ [aster thai eaine (lay " Pliiek Diamond," having skins, was seized. Both vessels 70 miles from land. U/iiee;' said i;i(lers \vi.ro lo seize cverv vessel, British or American, with skins on board. 4 No. 210. Colonial Office to Foreign Of/ic". — {Received September 2.) Sir, Downing Street, September 2, 18^!). I AM directed by Lord Knutiford to ti-uismit to yuu, for the inCo.'matiun of the Mar(|uis of Salisbury, a copy of a telegram which has been sent to the Gc/.'eruor-Genci'al of Canada respecting the Behring's Sea difticultics. 1 am, &c. (Signed) .[OHN Bl{..„i,3rON. 80fi ^ IncIoBure in No. 216, Lord Knutsford to Lord Stanley of Pre»ton. (Telegrapliic.) Downing Street, Augu.st 31, 1889. SEIZURKS of British vessels iu Beliriiig's Sea. Her Majesty's Charge d'Affaircs at Washington reports United State.<>' Government have no infommtion beyond what we have. Mr. Blaine asked that the substance of Lord Salisbury's instructions rnig;ht he embodied in a iintc, and promised early reply. He said it was necessary first to consult President. He apprchonded no serious divergence between two Governments, and expressed liis own very sincere desire lor a joint settlement of Fisheries and Hehring'a Sea questions, iuul dwelt on very friendly feelinf^s of President Harrison's Administration. In a further telegram substance of Mr. Blaine's letter is given, saying that the same rumours, probal>lv authentic, liud reached his Government, but have not been confirmed ofTicially. The letter expresses tb.e earnest desire of the President for an adjustment removing all possible grouiid foe misunderstanding concerning the troubles in IJehring's Sea, and satisfaction at learning that Sir J. Pauncelote will discuss ijuestion on his return. United States' Government will |)repare for discussion, and President thinks points a( issue are ca))able of prompt ac^justment on basis honourable to both Governments. A third telegram states that Mr. RIaine had promised a very early reply whether instructions would be sent \o Alaska in oii'nr to prevent possible recurrence qf such incidents. I No. 217. Foreign Office to Colonial Office. Sir, Foreign Office, September 2, 1889. I HAVE laid before the Marquis of Salisbury your letter of the 29th ultimo, forwarding a despatch from the Governor-General of Canada and a Report of the Committee of the Canadiaii Privy Council on the action of the United States' Revenue- cutter "Richard Rush" in seizing the British sealing- vessel "Black Dia nond," and searching another vessel, the "Triumph," in the waters of Behring's Sea. In reply to your inquiry as to the answer to be returned to this despatch, I am directed by his Lordship to suggest that Lord Stanley should be informed that Her Majesty's Government are in communication with that of the United States with the object of procuring instructions which will ))rcvent any further seizures. I am, at the same time, to request that you will point out to Secretary Lord Knutsford that as yii, iio authentic and detailed in'brmation has reached this Department as to the circunisti'iN'CH attending the seizure and s^earohing of these or other British vessels by the United : ri\';e<' ; ntliorities during the present fishing season. I am, &i;. (Signed) T. H. SANDERSON. No. 218. Cohninl Office to Foreign Office. — {Received Septe nber 3.) Sir, Downing Street, September 3, 1889. WITH reference to previous correrpondence, and particularly to the letter from this Department of the 2!)th ultimo, I am directed by Lord Knutsford to transmit to you, to he laid before the Marquis o( Salisbury, a copy of a further despatch from the Govt ; '..^r-General of Canada, containing with other inelosures a cutting froin ft local I ncv pyi((! raspeetinu; the searching of the "Triumph," and a telegram from theColleotor of Cubt.'.t ' '/ I'-ina in connection with the arrival of the "Black Diamond" at that port. It. o re(|U^>st that the inelosures to Lord Stanley's despatch may be returned to I this Department when done with. I am, &c. (Signed) EDWARD WINGFIELD. " ■ 1. )' ' urn fl28| 9 It If i;:,; .100 IncloHure 1 in No. 218. Lord Stanley of Preston to Lord Knulsford. My Jjon\, Citadel, Quebec, Auijust 15, ]SS!). WITH rcferenco to my ilcspatcli ot'tlie 9tli instant, 1 iiavo the honour to transmit to your LonKship a copy d an approved Minute of tiie Privy Council, submitting a cojiy of 11 despatch from tlie Liciitci'aiit-CJovernor of Hiitish Cohmibia, t()i;ether with a cutiini,' from the "Colonist" contiiiniu}; Captain McLean's statement of the circumstances uiub which iiis vessel, the "Triumph," was searched, and also a copy of a telegram from the Collector of Customs at Victoria, giving information as to tlie arrival of the seized schooner " Black Diamond " at that pun. I have, &c. (Signed) STANLEY OF PRESTON. Inclosure 2 in No. 21H. Report of a Committee of the Honourable the Privy Council, approved by his Hxcellency tk Govern or- General in Council, on the llth August, 1889. *" Hincil have had under consideration a despatch, dated the wioutenant-CJovernor of British Columbia, respcctina; tlic THE Commit; SOth July. 1889, trc seizure of the British sc. r " Black Diamond" by the United States' cutter " Ricimrd Rush," 70 miles from huul, and transmitting a cutting from the "Celoiiist," a British Columbia ne\vspa|)er, containing Captain McLean's statement of the circumstances under whici) his vessel, the "'I'riumph," was searched, and also a telegram from the C'ollcctorol Customs at Victoria, giving information as to the arrival of the seized schooner " Black Diamond " at X'ictoria. The Committee advise that copies ot these eomnmnications be transmitted to the Right Honourable the Secretary of State for the Colonies, lor the information of Her Majesty's Covernmenf. All which is respectfully submitted for approval. (S-ncd) .lOllN .). M('(iF,K, Clerk, Privy Council. Inclosure ',1 in No. 'J IS. Lieutenant-Governor Nelson to the f Ioc '.icldi'lii, nml iiiirnMl iirn! (lie l«l ilnv nl Hi'|ilrnilu'i. Ill 7 n'cldik I'M. Ami I nii\l(i' (liifi shIimihi (Irclmntiim, < i>!'.?»rici (iiiiisly liclinviiiu Mio sntiio In lie t •>ml I'v vitlMc III "The OmIIi ni.iiiiMMci-. IHiMI." (SiKiHMJ) .l(»l!N IlKIMA- lU'rlairil n\ ihv citv ol Viclorin. HiiliHh Ctilnmltiii. lliin lllli diiy (if Hi'|iloiiili(!i, IMHII, l»('(o>r inc. (SifvunH .1. \V. Siiivrnni.T, .^(v/((■(■ (i/^/h /'('(((•<'. I luMi'liv miiKc oiilh Hull llic uliovc ili't'liirulinii it line m liir mh I ininw nl. (Si.vnr.l) (iKOHCil', Mi'DONM,!) DtM'liiicil III llio cilv III' Nicliiviii. Hiili«li < 'olmiiirm, (lim IKli ihiy ■ '' Mciilcinlicr. Ishu, |l>-|(IH' IIU". (Siftii;,!) .1. NV. Siiirriiiti.r. ./i(v/fic ()/ //ic /Viii7>. Iiulimmc 10 ill No. 'Jim. Ci'tliticolr 1)1' N'('»?«|P. l':iilPil Sliili's' lii'ii'iiui'iutli') " h'lisli," Hi'lnhufs Srii, /,.!/. .'■i,V'-2!» A'.. /,.i/ii/, Kii;" l.V (I'., .Iiujiisl (I. iwmi. To viiom il iiiiiv iMiu'i'in. Tills will ii'itifv timi I liiivi< litis iliiy biMKciI Ilir Hiilisii si-Iuhhum " liily," ol Viclniin, Uiiliuli « "olninl'ia, .'dim Ucilly, nuislcr, I'ov violiilinn nl liiw (scclioii \\\t>i- UcvIhi'iI Sliiliii(";), jiiiil laKiMi |iiissosHiim of lus xJiip'M piipiM'*, v\/., i't'rlilinil(> nl' rcniqliv, ciiiinliii!' lirciicr, jiinl «|0I1V«IUH>. (Si<;iinl) I,. (). SIIKI'AHI), r,,;,/,,,,,. fhtili>d tilah'H' Itfiwiniv Mnrinr. No. u;<8. (V/c.rt»(i/ Ojh'ir i« Forniji} Offirr.—ilii^vphril (hlnlirr '2^).) ^K\l^mM.^ Ihtintiiiij Slirrf, Ovtohrr 21', IMMIV WITH ivl'oivnoo 111 |nvvio\is rdm'spoiiiltMm' rcsiircliiii^ llic m n! IliilJMJi vr^sd'. in nHniiis;'.* Son. I am tiiivi-liHl liy l.'Mii Kii\iIn('hI(1 to traiisiiiil lo yon, In lie jaiil li.'i.iii' the Mi»v«niis of Sali»l>.ny. i- ccpv of a iK"\|ial("li (idm llii> Oovcrnor-C JciuTaJ ol' ('iimiilii, inclosinu an approvoil Mnnilo ol ^us I'livy Comu-ii i snlijool. liu-losuiv I in No, V'»H. J)r)uity-Oovrr»or tftv (I'. /v'lVf/iif to l.otd KniitsfniiL My \m\\. _ Oil. , wo. Sriilrmhr.- 2'\, INN!). Wll'U ivtmnuo to yonv l.onlsliip'.. U'io|;iain oi tin iNlli nlliino. .'^laliiij; lliiil llcr MaiostyV (.Mnormuont would bo in a ^ll•^mgot• po lion (or doaliiii( doliniloly willi Uoliiiiii;'s Sea oases il" the appoals on l^'^li soiznros woro punlu'd o\i, 1 liavo llio lunioiir lo liji'wjni hoix>\HUh a vNipy ol an approved Minuto o(' '.\w I'rivy {'ounoil. .snlnniltiiif; iv Itopuii nl llic Minisior ol Maiino ami l•"l^l>orie^ upon the «ul)joct. 1 have, &e. (Signed) W. .1, Itri'dlli:. U^' Inelasure 2 in No. 'J^H. Ueport of jj C'lrntnitt^r of thr llonournhh ihf Pririi Council, (ipprnri'il hj/ liis hh'crllfiicy the Govnnor'Gfiifral in Council, on llic Hi/// Scptriiilicr, INHI). 1 Mi. Conmilttec of the I'rivy Coniicil linve liad Uixler oonsidoratinn a cable despiitdi. dhXc\\ llio l>th August. l^SO. from Lord Knutsl'ord. iiitiniaiing that Her Majesty's fliiv.'Vtim' llclllill',^ Id c(iv : " llii'ie in H Tlie Hlllllllilu ill The I iH'ri'iil iiiiil ('()liiMi('«. /Ml wl 11 IK S''M "nm-o i( ii)i|i('ii|q in |HM{J mT/iirtN wi'ic |iii«IiimI km, niid tlii! ilc«|iiiti|i ifot'i on Id ciiv : " h i« Vfiv iMiiiHiiiil In iircm fill (li(il'»iiiiilj(' i'f'(li('«<« Ciir ii (irivnic wforiK (is Idiitt n* tlicrc i« H iiMimiMiilili' iliiiiici' III iililiiiiiiii^ il liiiin till' 'I'iiliitniil4 'iCllir ((iimlry-" The Ministi'i' III MiiMiii imil I'lslii'iif", In wlniin I lie ciiliji' ilcfiKilili wim rflcrrf!'), Riiiiiiiilu (lie imiicyi'il Hr|iipi'(, in wliirli llir ( 'iiiniiiittci' cdiinir. Till- ( 'niimiillf'i' iii'iitiiMici '1 tliiil yiiiic Isxti'lifii y lie iiinvcfl In (iirwiird fi ciipy licri'iir iKiil lilt' iiniM'xi'd |iii)iiTH 1 llic l(ii;lil I liitiiiiiiiililc (lie Hi'iiri'liiry (if Sl»it»' lor Uin (l()lipiiii'« All wliitili ii M'H|M'rllnlly Hiilimilltd Inr v'Mir KxtTliriicy'B ii|i|ir'iviil. (KiRii.'d) .»/)IIN ,;. Mriim. Clfrh, I'livii ('iiuniil. Iliclosiil'c M ill Nil. 'A:\H. Ml. 'Vupjiir III Ihi' 1 Ini'i'i iini-l h'lii'iiii in f'fiiiiiill. Olliiwii, Nfiilfiiihr, 'I, )Hk ill (I Mlmnj'rr |ii'«iliiiii (iir d(illill^' d<;(iiiilily 'vi'li lifliiliif^*-; Sci cmsis if ii|i[,r;d-; in mxfi uri/iirci \.iir |Mmlii'il nil. 'I'l > (li'S)iMtcli yiifq nii In miy ; " Il i*; viy iiliiiminl In (iic*-; for (li|i|iiiiiiilii' i'imIipu'i Inr II (iriviilf' wi'int< n't Iniii.; iih tlicic U a ic(moiiiil/l(! cIkhici; of o'(lniiiini< il liniii the 'riiliiiiiiilo of tilt! coiinliy.'' 'riio DiidciMiciH'd di'Rii'i"* lo cull iitt'iil.inii to miiiii! of tlic corrciiioiidi iiri' vlii'li li«t llilClldy llliu'll |i|llrr ll|inli tlii'i ^iiIiJimI, li \\ill III' MTollri'lrd lliiil ill Jit',' |HK(' llir Mii|i-:ty'-» I'l iiiripid Sen' birv o( Stiili; for llii' ('(ilniiicM I'xpn'HKri,' \.\w ijisiic nl tlic Mmijiih of SuliHiiiiry tli;it. Iiiforc iiriv f'lifllirr ic|i(rHi'ii(iitin!m (III' Mil dc In llin Uiiiird Sluti s' ( lovcriifiiciif. with ti view Ui r«!ifairiiri;{ ir|iiirii(iiiM, Hint Hit M,-;^ the. .'Xni'rioin IfKid 'I'rilMinalM arn (Mincci'mul, tin; ri'inainin^^ ranos inif^lil lie ludd lo hv. cori'dnd'id. " II miisl, liowcviT, III' clearly nndeiHtood Unit any kikIi airanijcnient, if ni/ide, '^ouUI iinly HU'eel tJie le^al renieilics wliieli were ojien to llie rnaslers (ind O'a ner* '>f tiie'V vch^pIs in llic AiiieiiiMiii (liinrlH, iinil would in no dej^iee liinil llii' rii^litof' Her Majesty'^ f iovfirnrnent, allcr nil aueli legni reniedies were eonsidi^ied to lie exliaiist^d, to in»erv.jrie liirout^h ili|i|ipiiiiili(' eliannrlH iind on inlernatioind i^ropinds on l)';li;df of sneli masters or owiier<.'' 'llic ,sii^-;;'j;,l,ion, that Ihc United Stales •ilinnjil a^rrcc 'ji a t(;st r.iM: for uifi riHsiofi to till' United StafcB' .Su|ireine Cnnrt, wan never acted upon. Ttie (a.^^H of tlic Unilwl States' vcsKcJN lei'ern.'d to in tliiw (leH|iat(;li as \viv'iu(^ liecn seized under circninHtanwis sifnilar to lliose of the UritJHh veoHcIs were di.seoritiinicd hy conwjnt of Counsel reprcrKjntini; noth |irivnt(' ownerH and the United Stiite^' (/nv(;rnniont. No Huit in, therefore, now |iendinf( heliire the TribiifKtl.H of the United States, with the ixccption of the ease of the " VV. I". Sayw/ird," a Uritisli sliip, a^ iicreinalt- r ex()Uiiied. In .lainiury 18H7, it appears the anthoriticn in \V'a.siiin;;ton direetcl the reiep«ndix (A). m II it' ■2 U .•}32 In the year 1888, the Canadian Govenimciit liaving inquin^d whether tlie vcssgIh seized could l)e honded witiiout iii)poi?iii{{ on the owners tiio obiigiition to appeal, correspondence took place between the Jiritisli and the United States' authorities, and upon the 21st day of June a Conlidential despatch was received by Lord Stanley tVom Lord Knutsfbrd, inclosing a Menioraiiduui, dated the 'JStli Ma\, 1»8H, which Sir L. S. West had received. This Menioranduni is as follows: — " Memorandum. " In the eases of the condemned I5eluiii!j;'s Sea vessels iiiid their eari;oes, it appiars that the Proctor for some (and possilily ail) of the British sealers failed to take an appeal from the Decrees of ( 'ondcmnation entered by the District Court at Sitka. Coiisetiueiitly, they have lost the benefit of the Attorney-fjeneral's Order perniittini; release of the property on bond pendint;' decision of the appeals, and, as the Decrees have become final, have no other than a that Her Majesty's Government will not consider that the just demae.ds ot the Canadian Gavernmenf should not be pressed until the case of the " W, P. Sayward " is disposed of. The decision of the Court in the District of Alaska in the ease of the " Dol|)liin," a case similar to all of the rest, proceeded upon the one ground, viz., that Behring's Sea viai 833 ceded to the United States by lluasia, and tliut tlie title in Ilubsia at that time was exclusive* It will be observed that none ot' the seizures in Behring's Sea forming; the subject of covropondeuee between Iler Mnjesty's Government und that of the United States involve the investiiiiition of coniplieatcii facts. Tl.ere is no |)retension tliat any v(!S8el seized was witiiin the 3-niile or territorial limit. The sole question is the claim of the United States to the exclusive control uvcv I hat jjarL of the North Pacific Ocean known as the Behring's Sea. Tne Undersigiu.il submits tliat the fact that Russia once raised the same point does not cstublisii on the |)art of the United States even ii priinti fricin ease, especially in view of flic attitudi" ol'thc latter country when such a claim was put forward by R,U88ia. So lonjj; af^o as July 188s, tbi' views of the Canadian Government refliardinj; the jiiopricty of owners of seized vessels assuming the obligation and responsibility of impealing from the decision ot tlu- District Cuuit of Alaska were communicated to the Rii!lit llono'.irahle the Secretary of State for the Colonies. The llejiort of that date dealt with a despatch of the 9th March, 1888, from Her Majesty's Minister at Washington, relative to the then pending proceedings in the cases of the Canadian sealers seized in liiehrin^'s Sea. The Committee deemed the ebliiiation soufiht to be imposed upon the owners of Canadian vessels seized in the Behrinu's Sea of apjiealiiif; from the decision of the Magis- trate at Sitha was "obviously one whicii cannot with justice or ))ropriety be enforced." The Ue])orf went on to say that " some doubts exist as to the right of appeal ; and if it should he held that no a|)pea! will he. the bonds will be forfeited. Apart from this risk, however, which the owners of tiie vessels are asked to take upon themselves, it appears that the giving of bonds of such a nature would involve the admission that the Courts of the United States had jurisdiction in regard to the seizures, and that the LawB of the United States applied in the cases of these vessels. Such propositions could by no means be admitted. The vessels had not entered within the waters over which the Laws of the United States extend, and over which the llxeeutive or Judiciary of that country hiive any authority. "The vessels in cpieslion were molested in their lawful occupation on the higli seas, and were seized by ves-cls in the service of the United States, but [)ossessing no right whatever to molest the peojlc of Canada or their property on the ocean. "Similar outrages have been committed in tlie preceding year, and the vessels seised then were ordered to be surrendjred by the United States' authorities. In the present cases, therefore, the repetition of such acts of violence was a [jrocecding for which the owners of the vessels liavc the right to expect that Her Majesty's Government will demand and exact ledress. 'Jhey should not be asked to seek that redress in the Courts of any foreign country whatever: tiieCotnts of llie United States have no more cognizance of their complaint than the Court of any other toniign countrs." The Undersigned is not aware that Iler Majesty's (Jovernment at any time previous to the cable message now under consideration intimated that tlie above ground was not well taken. On the contrary, previous to the receipt of this cable message the particulars of every seizure had been furnished by the Canadian Government to Her Majesty's Govern- ment, the opinion of the Law Officers of the Crown had been obtained by Her Majesty's (lovernment, advising that the claims coidd be pressed, and the Martjuis of Salisbury had III a despatch of the 1 0th Se|itember, 1S><7, to Sir L. S. West, dealt fully with the claim Ncl up hy tin- Administration of the United States in connection with these seizures, in which lie stated: " Ih r Majesty's Government have carefully considered the transcript record of the Judicial prnceedmgs iri the United States' District Court in the sevetal cases ot the schooners ' tJarolena,' 'Onward,' and ' 'J'iiornton,' which were comnmnicated to yon in Jidy, and were transmittcfi to me in your des|)atch of the \'2t\\ of that month, and they cannot find in them any justification lor the condenmation of these vessels." It is to i)e remembered that these are the seizures of 1886, to which the cable message has special relerence. 'i lie following vessels, while pursuing their lawful occu|)ation in the North Pacific Ocean, have been wantonly seized and molested hy Revenue-enttcrs of the United States : "Caroleua," 'Jiid August, lss(; ; " Onward," I'nd August, isy6 ; " Thornton," 2nd Auguit, ISBO; " W. P. Savward," !)th Julv, 1^8^; " Dolpliin," 12th Julv, 1887; "Anna Beck," 'iiid Julv, 1887; ""Grace," J7tli" JuK, 1887; "'Ada," 'JOth AuLMist, 1nS7 ; "Alf'red Adunis." (ith August, 1887 (escaped)"; " Ulack Diamond," 11th Julv, 188!) (escaped); " Pathfinder," 27th August, I88f): "Minnie," I'lth July, 188U; besides the "Favorite," * .See Ke|)ort, Governor ot AluBliu, J S« 7. U-st' i ii;^ W il' ' wiuMcd oil" iM\(l(T y\\\v\\i. t»r m>i/.inv. 'Jiid AiiiausI, IMH(}; mimI tlio "'l'rinni|>li." Hcintiii'il mil July. iNS'.t. In I'vciy iiisluiu'c, us iiliciidy hIuIciI, tlic ('iiiiinliiiii (i!iivi'i'iimt'nl lint pl.icfil lli'r Miij(iHly'M (iiiv(M'nuiiM\l |in)ni|)lly in |ioHMi CN|iiiO(l in (III' cMsf dl" (lie sci/nrcs nt |HS(!, I lie UntlciHii^ni'il Ictnii'^ llial any Ini'lhrr hIc|i, •,\\v consiiltMi'il noccssMi'v to slrcnullu'n (lie tlcniinnl nimic in IHMf» n|iiin llir Unilcd SluUs' Otivnnnionl. twow i's|HH'iidiv in vii-w (irslniiiin' (inlrn,«;<''< now licini;' daily |>('i'|ii'lir'i'd. Will) dolcriMU'c, tlio llndcrsii^ncd Inrllicr Hid)inilM that lli(> inlinuition in tia> ciilili' dcs|iittii\(Mi in Nonicwiiat nnnnnal nndcr tln< I'ii'cntnslancoN wlii(!li al.tcnilcil tin- si'i/nrc oftlu' .sIm|is in (|n(>Hlion. If'tlu' allc.ucd ii\i'iiu'ti(in ol' llir Laws ol' (lie Unilcd SlatcH Imd (khmii'itiI in the wntcn* over wliiili lliat count ly is or was rnlillt'd lo oxi'iriM' jnrisdiction, llio Coin'ts of the Unitnl Stales I'onid with iiropricly lu' lirst it'soriiMl in hcrorc prcssinu; any claim for llni innncdiiili' nttotdion of the Kvccntivc. In view of the lirnmess with whicli the riitiitsof nriliMJi snhjecls on tlu! Inu;h seas imvi; hern maintained in the pust. the l'ndeisii;ned fails to appreciate not inertdy any rtMisun liir tile lonj; dt>lay in ohtainini; salisliu'lion from (he au;;;rcssive and hostile action excrcisnl ajjainsf Hrilish sniijcets and Urilish pi-operty hy the United Siat<>s, hut, also for the wiuilon ooiitii\iniue(> of this treatment from wlneh so nnieli direct and indircel damage and loss in sustained hyinieof Her Majesty's Coliaiial I'osscssions. Moreover, the Undersif^ncil wtiiild call altentii)\i to the immiiu-nt dani:;er of loss of life, nol lo Hiieak of the plivsical si pliys Icrilli; alix'udy sustained, since it rcipiirc; no aryiumeni to show that the lawless violciU'(^ on lln' part of the lnne eulters ol' the ilnlled Slates' ( iovernmeni may at any time lend In toii-ihie resistance from the crews of Ihilish vessels heiuL; pursued and molested in llicir lawful pursuits. The l'ndersii,'nt>d, theivlore. reconnncnds that his Excellency l.ho (iovoriioi'-ticMinil he nu)\('d lo aci|ii:rmt the l{i;;hl lloiMairalile the Secretary of Slate for the Colonies wiih these views, and to urije thai no t'nrther time he pciinillcd to elapse without sccurini; lin' Ih'itish sulijci'ls in Canada the same Ireedoin in the nnvi^aliiai ami enjoyment nlllu' waters of tin- Melii'in!;'s "^ 'a wdnch the I'mled .Slates claimed for the seamen nl' nil nations whon the territory adjaeeut to that part ol the I'aeilie Oeeun helonged to the Kmpirc of Uussia. Hespeettuilv sid)mitt( (Sij-ned) CIIAIJI.KS II. TUI'I'KK, MInlstrr nf Miirliir and I'lslirr ■(■ \t Appendix (A). Ite lir!iriii()'.-< Srti Srltiiirn, To Captain .lohn (i. Co\ and William Munsie. l';s(|.. \ ictoria. Iliitisli ('(dnmhia. Gontlemen. Virloria, AikjusI 17, IMS!). In lefncnee to t!ie orders issued hy the United States' («ov<'rnment for llu! .rel<';isi' of the Mritish schooners " CaiMlena." "Onward," anil " Thornlon," sci/ed in Heiiriic^'s Sea in ISSli, ami since detained at Oimalaska, I icceived in Aui;n-.| last from the United States' Marsii.d. Atkins, of Alaska, the followini; letters : — "A. I,. lUdyoa. Msii., Victoria. •• nisi lift of AldsLd, Offirr of I'liilrd Slalrs' Miiislml, " Hear Sir, '■ Slllai^ Aiii/i'isl I, IN8N. " In reph to your letter of the I7th.liilv. ! iiavi- tiic honour to state that in the month of Fehruary ISs7 the ollieers of the District Court ot this district reccivd a despatch purportiuir to he from the United States' Attorney-Cieneral, dircctiiifj; the release of the schooners ' Onward.' ' Thornton,' and ' Carolena,' but, on what was then deemed sutticient evidence, the despat'di was tlionj:ht to he a foriiery, and no action was taken ill the matter until the receipt in Octoher last of another despatch from the Honourable Attornev (.i neiii, as tollows; — •"Let the vessels " Carolena," "Onward," and "Thornton" be released, as ordered in mine of the Otli .January last.' " On the receipt of the above despatch I gave notice thereof to Captain J. D. Wurrcn I "liurloii Atkii aaft nnd to Mr. C, Spring, of Violoriii, owncrH (if two dl the mmhcIk, miil hIiouIiI liavo jr llic ' C'liroli'iiii ' liiul I kimwii IiIh ndiiicss and iiiiiiii'. I n'i|ii('st.(!(l Ciiplniii Wuircn lo milil'y nil owner* nl Vicloiin. iniil Mr. Sprint; pnhliHiieil (he iintieo I mx\v liini in tlir Vielnriii piiprrn. 'I'liiN I (leenieii Niilli<'ienl notice to nil t.li(^ pnrlien coiieerncd. I liuvc not received nny order Iroin VViiHliin^lnii oilier Ihnnnliovc ntenlioned. " Very rcHpeeHnlly, (Signed) "ItvirroN Aikinh, " I'liilril Slntrs' Miirsliiil." '{"lie loll(iwiii);C •'••|>y ol llic y tiie I'residenl lo iimlrnct, yon lo diHconlinnt^ nny (urlJier pro- (Ti'ilingH in tlic innller of the sei/nre oC llie I'rilisii vchhi-Ih ' ('nridenn,' ' Onwnrd,' und 'Tliornlon,' nnd dischnrKc all vessels now held nnili'r sneli Kci/.nre, and release all |u:rMonH tliiit may la- und(a' arrrHl, in (lonncelion Iheruwilli. (Si^;ned) "A. If, ('>\\i\,Asi), Alldiiifij-flrnirnU' lliat in the rcceiviMl a 1 the release len (Icunicd vas taken in Honourable as ordered . D. Warren ] " (!n/ii/ of Orilt-r, "To Hiirlon Atkinw, United Statew' Marshal (or " District of AlaHku. "You arc h])|ied, or i\l all fVt'iils rcstrielcd, hy some International Aijreetnent (as to a close time, for iiiHtanet;), the iiiiiiiiai will, Ix'fore many years are over, hecome extinct, and a hirf;c industry, in whit^h (iiciit Mritnin is deeply interested, will he lost. Already there ar(! umnistukalile sif^ns ihat the nuinher of seals annually visitin;^ tin; two hrcedinj,' islands in the Ik-hring's Sea is decreasinfj;, for from Reports hitely to liaiid, wc learn that the Superintendent on the islands, which are leased trom the United States' (loveinmcnt hy the Alaska Commercial (lompany of San Francisco, has this yiar found coMsiderahle ditliculty in ohtaining the usual quantity of dcsirahle mule seals, and esti- mates that tlu! herd has decreased fully one-third in the last ten years. In suhmitting these facts to you, wc would urge the importance of arriving at a speedy Bcttlcnjent of this (piestion hefore it is too late. We are, &e. •' ■ ' . " (Signed) C. M. LAMl'SON and Co. ..il C' ,..,„. ..V, .. , No. 244. Colonial Office to foreign OJfiec, — (Received November 8.) Sir, Downituj tilrcet, Novinibi'r H, 188!). I AM directed by Lord Knutsford to transmit to you, to he laid helbre the Marcjuis of Sidishury, a copy of a despatch from the l)eputy-(iovernor of Canada rcilatin}^ to the question of the Hehrin^'s Sea sei/.ures, from which it a[)pears that the llii;li (yommis- fijoner for Canada is lo he instructed to place himself in connnuniciition with Her .Majesty's (Jovernnjenl, with the object of expediting a satisfactory settlement of the (general (juestion. 1 am, Ike, (Signed) .JOHN BHAMSTON. Inclosurc 1 in No. 244. Sir W. J. Ritchie to Lord Knutsford. ,\ly Lord, Ottawa, Ortohcr 2:^, ]Sf^9. I HAVIC tlic honour to forward herewith a copy of an approved Minute of the Privy Council, havinj; rctercnec to the course which the owners of British schooners seized in Behrin^'s Sea hy the United States' cutter "Rush" pn)pose 'lency's approval. (Signed) .lOHN J. McCliK, Cleric, Privy Voitncil. Inelosure 3 in No. 244. Extract from the " Ollavd Citizen" of October 12, 1 889. Seattle, Washington, October 11, 188!). THR United States' Rcvenue-eutter " Rush " arrived here yesterday from Alaska. Lieutenant-Commander Sheppard was interviewed regarding rumours current here that British Columbians were lying in wait for him to punish him (or seizing their schooners. The Commander smiled, and said he had not heard of any such threats until he had reau tliem in the papers on his arrival at Fort Townsend. He said that he did not believe anything of the kind had been utiered, and the statement must have come from irrespon- sible })ersons. If there was any truth in it, and he could have been apprised of it in tinic, he would have steamed into \'ictoiia, and have shaken the American flag in the face of the Victorians. Hi- said he was on good terms personally with the prominent men in Victoria, anrl did not believe that any indignity to an American Government ship would be coun- tenanced by the peojile of Victoria. No. 245.^ Sir J. Pauncefote to the Marquis of Salisbury. — {Received November 11.) My Lord, Washington, October '^l, ]889. I HAVE the honour to inclose herewith copies of an article which has appeared in a San Francisco newspaper on the subject of the seizures in Hehting's Sea, which maintains the exclusive jurisdiction of the United Stales in thai sea. The article is written by Mr. Fclton, one of the representatives for the State of California in Congress. An answer to this (copies inclosed) appeared in the New York "Evening Post," tin 341 author of which is Mr. Robert Uayncr, wlio lias already written a very ubic letter on this subject. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure I in No. 245. Extract from the "San Francisco Argonaut" of Aurjust 12, 1889. TlIK QtlKSTION OF BeHKTNO'S SkA. (By CImiles N. Fclton.) [The annexed nitjcic, by the ilonourablo CImiles N. Felton, Member of Congress, will hv found of much interest, [mrticularly at tiiJH time. Mr. Felton is thoroughly conversant with the subject, as he was ;> member of the Conference Committee between thu Senate and the Mouse which caused the parsaKe of the Bill amendatory of the Laws regulating the fur-seal tisheries in Behring's Sea. This Bill was passed durint; the closing hours of the Cleveland Administration. — Eiks.] IN view of the fact that the Government of the United States has seized the British sclioonci' " Black Diamond," confiscated the vessel and cargo, us rocjuired by our Statutes, for evasion or inlringenient of our laws, and that our right to do so is questioned, and pcilinps may beconie an international (juestion, it occurs to nic that a statement of the lac's upon which is based our rights and title would not be uninteresting to your readers; hence, I will attempt to give them such a statement. 'I'lic title of the United States to Alaska and the Uchring's Sea was nccjuircd from iiussia by the Treaty of Cession inndc in jSfiS, in which she "ceded and conveyed all the ri^lits, franchises, privileges now belonging to Russia in the ceded territory or dominion, ami appurtenances thereto ;" the same being contained within the geographical limits herein set forth, to wit : — "Th(! eastern limit is the line of demarcation between the Russian and BiiMsh pogses- fioiis in North America, &c. The western limit, within which the territories and dominion cnnvcyc'd are contained, pass through a point in Behring's Strait on the parallel of ()5° 3U' north latitude, at its intersection by the meridian which passes midway between the Island otKrusenstern or Ignalook and the Island of Ratmanov or No()narl)rook, and proceeds line n( [to a Russian Company, who created and conducted a considerable number of trading I stations. In I7'j9, the then Russian Emperor Paul issued his Imperial Ukase, asserting the loiinion of Russia, by right of discovery apd occupancy, to all the territory embraced * ti ,j . ),i-% wr^ 1 M:,} r'l from nolirin^''s Rtriiit on the north to the 5/ith pnrallel on the Anu-rican const, and imii,, south as Jii|iiin on the coast of Asia; anil iiivcsti'd tlii' lviis-,ian-Atnci'ican ('i)iniiiiiiy witi; its alisohitc condol, und, if necessary, tlio l^md and naval forces of the Pjinpiii' wort ordereri to niiiititnin their jurisdiction. To this linpi rial act no jirotcst was iiKidr .jn f|n, part ol' any ot the nations, ner were Russin's rights dis|niti'il or tinestioned. Tlnis (ncitlv, ut least, all tliu nations conce(i;>d her rights, l)ased (irsl upon discovery, and next iipo;, continned ocenpancy ar;,I pc.ii I'ui and undi<|nite(l poHses-;ion for nearly three-tpmitcrs of a centin\v. In i^'Jl, upon the <'oniplaint of titis Cunipany to the KiiS!,', &c., on the Russian coast or islands in the Okhotsk and Rchring'a Seas, or on the north-cast coast of Asia, or williin their sea boundary-line. "5. Foreign vessels found trading, hunting, fishinir, &;e., in Russian waters without a licence or |)ermit from the Governor-General, and also those possessing a licence or permit who may infringe the existing byeluws on liuutim:, shall be confiscated, botii vessels and cargoes, lor the benefit of the Government. This enactment shall be enforced henceforth, commencing with a.d. 1882. " (j. 'J'he enforcement of the above will be intrusted to men-of-war, and also Russian merchant-vessels, which, for that purpose, will curry military detachments, and be provided with proper instructions." There is nothing ambiguous in the language of this Proclamation. It means that I Russia will enforce her sovereignty over the western half of Hchring's Sea, within her "scu I boundary-line." The cession of Alaska to tlu; United States by Russia, and the terms of the Treaty I nmkins; such cession, were well known to all nations, yet no protests or objections were made, though it was well understood to convey the title to the waters of l^ehrings Sea. The discussion of the Treaty in the United States' Senate was notice to our nation and to I tlie world. In confirmation of which, I quote from the remarks of Mr. C'harles Sunuier, ICIiairinan of the C^)mmittee on Foreign Affairs of the Senate of the United Slates, at the llimc of tile considerjition of the Treaty. Mr. Sunmer said, speaking for the Treaty: — " ' The seal, amphibious, polygamous, and intelligent as the beaver, has always su|)plicd llhe largest nmltitude of furs to the Russiam Company.' After enumerating the land fi rs, lllie value of the walrus for ivory, he adds : * I mention the sea-otter last ; but in beauty land value it is the first, in these resjjects il i'ar surpasses the river and land utter, &c. 1 Icmno now to the fisheries, tlic last head of this inquiry, and not inferior to any other in uportance ; perhaps the most important of all. What even are sca-ottcr skins by the JMdeof that product of the sea, incalculable in amount, which contributes to the sustenance |ot' the human family ?' " . ic • Thus showing that the ac(]uisition of the products of Behring's Sea, its fur-bearing |aiiiirds, and fisheries, were regarded as the chief object of the purchase. ..i-.i .;.,. Again, Mr. Summer, in the course of his remarks, said : — '■ ■ . ■ " ' Traversing Behring's Sea midway between the Island of Attoo on the east and ICiippcr Island on the west, to the meridian of 173° east longitude, leaving the prolonged Ipou]) of the Aleutian Islands in the possessions now transferred to the L'nited States, 1 making the western boundary of our country the dividing-line which separates Asia |§om America.'" .., , ,., - .: . ,,,,-• %k \m^ 1 ^^H^ifll ■■^mi' ^^^^HH) m ^Hffl w HHIn m- ^HhI ■j-'l Mr. Sunmier again said ^.l '■'In the Aleutian range, beside innumerable islets and rocks, there are not less than Itfty-five islands exceeding .3 ndles in length ; there arc seven exceediiij: 40 miles, \Mth lOoniniak, which is the largest, exceeding 73 miles. In our part of Beliriiu/s Sea there |irc live considerable islands, the largest ot which is St. Lawrence, being more than i miles long.' " :;! i Hiii 344 ;ili 1 1- i' ! HA Nole tlu> expression of the (iistinijuishcd Senator, " In our jmrt ol' IJolirii);,''s Sea." This, coniini;- (Voin bo hiii;h nn luitliority, in liinf^uuRO so plain and explicit as not to (idmii of inisconstructioi'., evinces tlie intention and uiulerstaiuiing of tlu! Conlr.'ietini^ (Joverii- ments, which was the partition of tiie sovereignty of the waters of liehring's Sim hv,, south-west'ily line throof^jh it. the eastern portion, with Aliisica, hv'\u^ tlie territory of thj. Unitec? Suit's, and tlie western portion, with Siberian Asia, tliat of Jlussia, their comlmuil territory au'i sliorc-lines .surrouiidiiii^ Ikhriiif^'s Sea, except the northern and souUhtii oiiilets. 'J he d scussion in tiie United States' Senate, and its Mnul action u^xm this Treiilv imd question, was a notice to the world of Russia's rijj;ht to transfer this vaiuahle nmrine territory, to which not even a suggestioii to the contrary lias ever been raised on the |i;irt of any nation. if more were needed to convince us of tlie riglits and intentions of the ijii;!, Contractini^;; i'a.'ties, we liave only to refer to the ein'resjiondence between our Hkh Secretary of State, Mr. Seward, c.U(i our Minister at St. Petersbtn-gh. (Printed in executive documents for the use ot C/O'igress.) In May 18 J7 our Min'ster writes as follows : — "Sir "Your despatch No. 241 of the 1st Aj)ril, 18(i7, inclosing tlic Treaty between Russia and Anvfrica, ceding us all Russian America, was duly received. I awaited the ex|)ressi()ii of European and Russian sentinu;nts in leterence thereto before answering you. ''I congratulate; yon upon this brilliant achievement, which adds so vast a territory to our Union, wliose ports, whose mines, whose waters, whose furs, whose fisheries are of untold ''due, and whose fields will produce many grains (even vih';at), and bi'coine there- after, in time, the seat of a iiearty white pi)[)ulation." vms Again, in November 18G7, the American Minister at St. I'etersburgli, giv description of llissian America, says, in reference to the Aleutian Islands: — '- Ti'.e Aleutian Islands may attract transient traders, hut no permanent settlers. To inhabit them one must he an Aleut, nnti if it were not for the sea surrounding the islamls, this country, owing to its unfavourable elimalie conditions and the .sterility of its ground, would havci never been inhabited at all." From the first extract, it v.'iil be observed that the American Government exercii-eil caution before cond'uling the Tro-ity, and awaited tlie ex[)rfssion of European sentiuieiiis in Inference to the &anie. Its acts w.'re ojjen and 'ree to criticism, and the last (piotatioii is conclusive on the point that our Gc. eminent fuhy comprehended the value of the waters of Rehring's Sea, and for this reason mainly was the purchase made. Had it been understrod that the waters of Mehring's Sea and its marine life were free to the fishermen of all ni tians, including ours, there could have been no incentive on the part of our Government i^, ^ i-s purchase a^ the price of 7,200,000 dollars. In any other vi^w of the case it would liave been absurd, hut, on the contrary, it wa:; known tlint Pjssia did, 'rom the time of its I'iscovery, control these waters, and that she liad ever rsseded her title and maMitained her dominion by causing her ships of war to piitrol them. It is admitted on all sides that whatever ti;le Russia had at the date of the transfer of the territory we acquired and otill possess, and the United States being in possession and olaiming ownership, our right must be conceded until it is established that our grantor, Russia, had no liile ti this territory, or that she did not maintain dominion over it, wliicli, I apprehend, cannot bn s"o<"C;es8fully accomplished. There was no concealment of this Treaty or its purpose. Russia divided iier I possessions of Behring's Sea with us in the presence of all nations, to which there was no remonstrance on the part of any of them. By an Act of Congress, approved as early as the 27tli July, 1808, it is provided: "The Laws of the United States relating to customs, connneree, and navigation are extended to and over all the mainland, islards, and waters of the territory ceded to tlit i United Stales by the E.nperor of Russia," It also provides that (see Revised Siatiiies, section 1956) "no p;.ison shall kill any fur-seal or other fur-bearing ai.imals within tliei limits of Alaska territory, or in the waters tliereo'." In 1881, it coming to the knowledge of the United States' Government for tiic lirst I time that unauthorized persons were illegally tak.ng seals in Alaskan waters, the Secretary of the Treasury caused to be jiublished a notice to all that the Law prohibiting the killinj of teals in Alaskan waters would be enforced agalt.!it ail comers, and its penalties be 346 inflicted (Congress having tniidc provision to ef]ui[) Uic vcHsels of the Revenue Marine for that ptnjiose) ; sineo wliieh time tliis notice has heen yearly pubHshed, and to-day, both this and the Russian Ooveninicnts arc protcctinf? their respective dominions in tiic waters of Hein-inar's Sea, as they ever have done, frotn all unauthorized comers. It niigiil he iiiieresting to continue the history of the lef^isiation of Congress on this subject, and ascertain ujioii wliat facts it based its late action, the necessity for such iictidi), and to 8|)':eulate upon its probable results, but my time and your space will not iKMinit. Suffice; it to say. Congress had entire confidence in our title, the justice iif our cause, our ahdity to maintain our rights, and believed that not to have maintained those ri^'lits would have heen unwise, beneath the dignily of the nation, and even craven. Inclosure 2 in No. 24.'>. Kvlrucl. frnni. Hit- "Nam York Kvcmng Post" of (Moher 18, 1889, The Hi'.irniNo's Ska Qtiehtton. A Rcplji to ('oiKjressman Frlton. To tiu- Editor of the " Evening I'ost." Sir, Salmi, Mass., Oclolier fi, TIIK Honourable Charles N. Kclton published in the San Francisco "Argonaut" of the l-'tli August last an attcm[)t at a vindication ol our seizures of foreign seuling-vessels in that part of the Pacific called IJehring's Sea, and he says of it that it is a statement of the facts. Mr. Felton was a member of the last Congress, and also u member of the Conference Committcie which had to compromise the difference between Senate and House over our last very sapient piece of legislation concerning the waters of Alaska. The positions held by Mr. Felton led the ".Argonaut" to say of him that he is thoroughly conversant with the subject, a heliel probaldy shared by many wiio are themselves ignorant of it, and who will therefore accept his "statement of the facts " as reliable and perfectly conclusive. There aie, however, others, and they arc not few in number, whose investigations of this (]ucstioi! have proved to them that the facts coimccti'd therewith are diametrically np|).)se(l to those alleged by Mr. Felton, and wlio hav(! conseciuently arrived at an entirely (iiii'cnMit conclusion. Mr. Felton's jjlea is not new in itself, and it does not gain hy his way of stating it, which is confused and often unintelligible. The line of argumentation followed is that now forced upon the special pleaders in vindication of these seizures, by the fact that the tiieory originally advanced, of liehring's Sea being hy international law a closed sea, has i been too thoroughly exploded to leave it available anj longer. They therefore try fo irguo that if it is not a closed sea by international law, it is a closed sea by international mjiiipsrrncr ! And tl'on, remembering the showman's hint that, though a leopard caimot clmnge iiis spots, you can do it for him with a brush and a litth; paint, they set to work [to manufacture cor oborative evidence. By dint of judicious supprrssio vrri and smjijcstin /i//»', they get u\) a semblance of proof, well calculated to im[)ose upon the public, a good IcnonL;!) .Morgan until after erponurc. Meatuvhile tlie one end, never lost siifht of, is :MiiRil. The sti/ui'''s go on, foreign competition is at least checked, and the Alaska [('iiiiiMici'cial Company is " ])ri)tcete(l " as lav as possible. In order that yo'ir readers may clearly understand the points at issue between the lililcndcis of the seizures and those who condemn them, let me summarize these points. The by|)otbesis )f the defcuideis is, that in settling the controversy arishig out of iRussia's ])retensions of 18"21, a discriuuiiation was made between Pacific Ocean and iBehring's Sea; that while the hi^h seas (all outside of the customary .',<-rnile shore belt) the Pacific were declaied free to all the eontestauts, the high seas oi' Hehriug's Sea |were acknowledged to be under Kussia's "exclusive dominion;" that this exclusive 'oniiiiion was iievcr denied nor (|Uestion(d by any flower, was always maintained by lHii>siii,and tinaliy was made over hy her to us, so (ar as it concerned our jiart of Behring's Iva; that conseejuently onr title to such dominion is unimpeachable. The argument of the opponents of seizures, on the other hand, is that there was no liliicrimination made between the l^acific and Bohring's Sea, and that tliere was no call nor Incuse for any, as thev are identical in all that constitutes either an open or a closed sea, [128] ■ 2 Y ' i ,'J i i ;m« : / tli(M)iily IwiHuiiilit III' M(>a wl)i(>)i intcrnnfiinnsil iinrkc mmI law i'(:ci)(;ni/o ; iliiit the iiliKonrc of tlic tci'iii " Hcliriiii^'s Sen" I'iumi nil tin- (locimiriiilw is jjcrO cdy iiiituiiil, l)(.'(miiHc tlmi iiaiiic Ik of iiKin? inixltMii , iiikI Iiccuumc tlu; piiticH to the contiDvi'i'sy I'ollriwcii llic snlc hikI Wril-r^tal>liHl»«(l < iimtmii nl iiHliif^ only tin; (iiiiiiiuh, iloinciirliil.ui'U of tlic times, which (li- " liehnnKH S(;;i ;" tiiiil nil tJic WuUm'h ttl ilu' pir out ll<'hi'in"-'s Sen wcin- then, and now ^«t' (frmhidcnMl hy nil iiulliiiiitii^ on Kco;;i'ii|ihy as lnjon^in'^ In. and lunninu; part nf, the K.kOifbi' Ocuun : that, conNiMiiii'iitly tlic sti|)idiiti()im of llic 'l'r(ati("- of i -''i'l and JH'jri, dt-i'liiiii'i' li'ccdom ot iiuvinutiiiii iiiiil liHhcry in any part ol' the l'acili<', a|i|>l\ In every |>eriininatiuii heliwi-f-n Vucittr fX-caii iiml B»^lirini^'s Sea, or of any acknow|cil»";n««M»'' «ti i^xpt'cHs terms, of Rnn'ttn's t'x H ww w e iloaiinMin Nonthcr do they oiler any reason for tlii-; 'ItoeriininatiDii this ciialun" tish t4 4me and luwl of t1l>«' olhiM". nil'- do llicy show aii\' oliji '• lial was In he nameil hv ii'^ l>r (AiM- tW»:iiiili)ii. nieni 111 our i'i(itll1s under iiilii'Mulidiiid law i. (he Iree use of lJclirin!;'s Sea f'r runtrn, the op|)i>iu'nls do In'tnu; ample im'ooC, drawn li>i>«i olli<'ial dMcnuieiits, in support, of cvcrv point in their nr<^nnicnts, as will now he shuwn. A eolleetioe of thise rlocuiMr-nt. in (!onvenient form, hiis rceenllv hecn pnhlislied, as Sen K.v. l)o(V No. lOti, Tit'). ' , 2 !* ii- "ii which I will ipiote. (In support nl'llie assertion that the •pi^'stion (>f nnvi|.ration and fiNl was treated as concerniii:; the whole of the j'ncilic, willioui disci'i-MiiiHition hniU«(iiMi diHercnl, par!.s.) (P. 210.) H(!erctnry Adams' letter, .Inly 2'-'. IH'i.'!, to our Minister iit .St. Peleinlti. smniiinri/.i's the Knssian claim as cxti'iuliiiL' to " an exchisivi' territorial jnristliction ; the -1. Mil deforce of ninth lalilule, on I he Aiil iaiie coasi, to the latitude of •"il iKirlli, the western enasl iii the American Conliiienl , and Ihev assume liie riL;ht <>t inlenlicln the nnvifj;ntion and the li'lu'ry of ,il! oilier iiaiions t^. llie exiciil ol 1.00 inilcs I'ruin whole of tlint cinist." " 'l"hc United States can adiiiil no /nirt of these elai'iis." (!'. yi I.) Our .Minister at St. i'clershnr^'h In S.ereti«Hr A4iiins, Afiril ID, IH'Jj. Hcporl on the Minutes nl the ( 'unlereiiee pri)e.'ediiiu;s : " fli.il I must now franldv dll them [the Itussian Minisiers| that my iiisti netions n ipjired that I should ohtain twn {iiiint'il as neccsHiny condiliinis to the third ohjcel contemplated hv the proji^ct of (^onvcntinii: (I) //((' rnticiitioii, either spnntancinis or ny Convention, o/ Ih'' •uiirilinir iinivixionn iif Ih IJkasv of Sriiliiiilwr A ( Ht)> "^"-' '< l-^) llie adoption ol the coinincrciul |>nii(;i|ile ('yr .soiiii-| tliiiiL; snnilar,^ ai^riM'd upon lielwein the I'eiled Slates and (in-ul Dntatti in tlw-ir ' onvcn tion of IMIH, III r<'latiini to liasc coasts, ,.'!) that, liitsi .itreliniiimries l>< in^ sctllnl < territorial delimitation for scttleinciits at tth iiiii>;hl in- agrt*' i|m>ii." (In support of tiie a scrtiiin that all the waters uf the ^ii'«*-nt lichrinu^'H Vte*. wen, all the time of the 'i'reatics and since, ollicially ireii(;nized a* I.H•^lul^in^ to th» Hacilic.) (!'. :20(i.) Russian Minislcr at Wnsluni-lon to Scrercl-- .Adams. I'Vl.ruary '2H, |S2. " I might, in the lasl jilaci , to re(|uesl you to consider, sir, iluit I'te Ru'>siui. possess miiMii I tlir Panjic Orriin extend, on the north-west const of /\inerie.i, 'htu, Bclnin^'tt Strait ' ■ tln'l 5lsl decree of norlh latitude, and on the opposite siih? of .\^i.( -tiid tlx- islands aiiiitci :il,l from the same strait to the I'lth (lej7', ami ('oppii Island in jM' 115' to .'>J .''i.'")' north, or iiliou^ 100 niih^s iiKU'c northerly than the Aleutian Islanil of Atlou, ,iiid tln.-i'e is noeliaiiii islands hctween Copper Island and our enasl -line from lichriii!^'. Sirail to tin; soulli ciiil 4 the Peninsula ol Alaska, nothing to set oil' that portion of ihe I'ucitic in which l'(i|i|ici Island is thus ollicially stated to lie, from that pi lou whi(di washes uin' couhI.) (In support of assertions c()neernin;i; 'I'rea' , stipulations.) (I'l). '2'20-'2'2 1 .) A summary of the Ire y of iHlil . - Artich- I. It is a^rceii that in aiii/ pn ■' tlx; great ocean roiiuiiDnli/ nillnl the I'nrim Ofwoi or South Sea, the respective cit- ,s or suhjects of the IJi^h ContrucliiiK' l*<'Wtf shall he neither distnrhcd nor ro8tri>! . ' oithcr in navip-ntioii or in fishing or in the powl .•»47 of n'HortiiiK t<* tlui conHts upon poiiitH wliich may not iilicudy liiivt- Ixmmi orcuinieil, lor tliu purpDHr of trading willi the natives, saving always llu^ rcstrirtionH and conditionH (Ictcriniiuul by the tollowinj^ Aiticlcs. Artic'Ut II t(ii'l)i(lH the ir.sortinu; to tjii^ rcHpcctivi; cstaiilislinu^nlH w'llioiil. pcrnnHHion. Article III I'orbidN the lonnin^; of cstiililishnu^iitH liy t!illi('r parly, north and mtulli rpipcttivniy, of M" 40' nortli. Arti(;le IV pcnnitM, during; a term of ten years, tlie frecpientint; Ity either party of t li« intt'tior Hims, Vn:., npon thi! eoasl nienlioned in the preceding Arli(!l(\ (In Hnpport, of the assertion l.iint. Russia eirded to the United Slates no soa, and no iloMiinion over any sea.) (I'. '217.) Treaty of Cession, 2<>lh .huie. IH(i7 :— Article I. Russia UHrees to cede "all the territory and dominion now pc.ssossod liy jiin said Majesty on lite rDiiliiinil of Aninini and In llir ndjarrtit istaiuts, l\w hmiw Uu'w^ coittuined within tlie K<'"n''''l'''''''^' iiuiits herein set lorlli. In wit : The eastern limit is the line of deinanMition hetween lln: Russian and tlu^ liritish |i(issesHions in North Anu;riea , , . . I the details mv otnileil her(! as irj'elevant, this line not loueliin:; R'hrnig's Hea at any point]. The westiMii limit witliin wliieh the territories and dominions conveyed aro contained pass(-s throu|L;h a point in lU hrinL;'H Straits, on the parallel of (i.V .')()' nortli liilitude, at its intersi (-tion hy the meridnm which panses miilway hetween the Islands of Knisenslern or l^nalook, and the Island of Ratmimoll', or Noonarnooli, and proceitds due norlli, willioiil limitnlion, into the same I'Vo/en Ocean. The same western limit, licgiaiiinK at the sanu' initial poiid, proceeds thence in a comse neaily soiilh-wcHl through point nin riy UlLlllliix'fS '*^ iii^' -^ •»•!•« iiiiiiii-i i'«'iiii, i»i(fi,^-\.iin (■■•^■i|\v< III ifc \.ifiii,-^i lit til If .~iiri«Lii~<>\nv i/iii«#iii llchring's Straits and Hehrini;'s Sea, so as to pass midway lietwc( ii tlu; norlh-Wi'sl poi (if the island of St. Lawrence and I In.' south-east point of ( 'ape (Uioukotski, to the meridi III' I7'2' west lon(;itud('; thence Irom the inlerscctidU nf that meridian in a south-westei ilii'celion, HO as to pass midway Ik I ween Ihi' Island of Atlou and the ( 'opper Island of tne Kdawmdiirski { Ko/inundorski is a misprint { couplet or ki'<><>|' '" ''■'' North I'aeilie Ocean, III the meridian of lil.'t" wi-sl louf^il inle, so as to include m the territory convcyi'd the 'r'fU'. V r(d'ers to the oxii tlx said territory or dominion, ami appurtenances llareto.'' No s*.' .r dominion over any sea is among the things cmnmTated as <;edc(l. No doii ov I' uii opitn sea like hchring's Sea could la- (dainu'd as a right (;ediM! under Art- i< yj, Ixtuuse Russia has limited these rights lo su(di as belong to her, in lint mid irtr . , '// d/tminiiin and iippurlcnunrcs llinrlo, and doiniuion i)V(;i' an open sea is not a nijt^i »■ V ./ t(> territory, nor is Hiich a smi an uilrn' Us us that had it been understood that th(; waters of Kehring's Sea I aim ii- ii.iriiK !•'■ were Irt-e to the ' lishermcn (d' all nations iiicliidltn/ ours' \Klf\, there ciiuld hiivc brcii no iiKriilive on the part ol our (iovernnient for its pundiasi^ at th(' pric(- 111 7,lil)U,O0t) dollaff.. In any othi'r va;w of thiM-ase, it would have been alisiird . . ." Thut is, of course, a matter of opinion, and on it some nuty prefer the judgment of nun like Seeri't^iry Seward and .Senator Sumaer to that ol Mr. Kelton. Kul wh:it is suic i», that these gentlemen would have lelt nolliiiig at loose ends. They wen; tia; jirime iiioverK on our side ni the transact ioi>, and it they had thought I hat our bargain " included C)iclnsiv(t duininioii over Hehring's Hea," they would lune had express stipulations to Ihiit t'Heet inserted in the 'i'reaty, just as Sci-rctary Scwar.ssage, " Russia surrendered or abandoned her claim o.ilv to the contro' of the North Pacific Ocean, and to the north-west coast south of latitude 54° north, yet her title to the Aleutian Islands, extending [title or iblands? R. R.] as far south as 51° north latitude and longitude 166° to 16/° wesf, is not, and never has been, disputed or invali- dated," is another geographical conundrum as well as a puzzle in logic. The closing sentence in Mr. Fclton's article is as extraordinary as anything he has achieved in the way of asst'rtion : "Congress liad entire confidence in our title" — that is, in our title to exclusive jurisdiction in our part of Behring's Sea. Let us see what the " Congrcfc .lonal Record ' shows on this point: The House tacked on to a Senate Hill an amendment tliat section 1950 of the United States' Revised Statutes includes and applies to all the wi-tpvs of Behring's Sea in Alaska embraced within " the boundary-lines mentioned and described iti the Treaty with Russia dated the 30th March, 1867 ;" that "it shall lie the duty of the President to issue an annual warning Notification, to have it published in a newspaper, and to cause one or more vessels to cruize in said waters to seize all violators of United States' laws therein." The Senate refused to pass the amend- ment. In conformity with the advice of the Conference Committee, the amendment was altered to the following : That section 1956 "is hereby declared to include and apply to all the dominions of the United States in the waters of Behring's Sea," leaving the new- duties of the President as above, and in this shape it was enacted. The effect of the change resulting from the Senate's action is stated in the House Report to be " to leave out the words that are descriptive of the bo ndaries of the waters of Alaska." Mr. Felton is, of cdurse, entitled to all the comfort he may be able to derive from this proceeding, but the public will not accept this testimony as proving " confidence " on the part of Congress. Considering that the House had actually :c) rescind its action, to abandon the position to which it had committed itself, the whole looks decidedly like a confession that the House felt " very shaky " indeed on the validity ot rhe alleged title. It recalls the story of the King who ([uarrellcd over some point in a game of chess «hicli he had the condescension to play with a subject of his, while a crowd of courtifs preseived a dead silence. When the contention was at its height, an officer of known skill at the game entered, to whom the King appealed for a decision, and who replied instanter : "Your Majesty is wrong!" " How can vou tell wlien you have not even glanced at the boai'fl?" Quite unnecessary! Would these gentlemen," pointing to the courtiers, 'rei 1 lin silent if there was a ghost of a chance to say anything in lavour of your Majesty ?" 1 .\ cl iiii in oi:r f'lvoiir and (Kjninst England, which such ever-ready 'jhanipions ol everything I anti-l];'glish as Messrs. iMliiuinds, Hoar, Frye. &c., refuse to support, must be indeed liopclossly week. Howeve- much one may find fault with what Mr. Felton docs say in his article, it is, I nevertheless, iinpossible not to regret that he left some things unsaid, tiiat he found it impossible "to continue the history of the legislation of Congress on this subject, and I ascertain upon what facts it based its late action, the necessity for such action, and to hpreulate upon its probable results. , . ." I^ight on ail these points is certainlv very laiuch needed, and it is very much to bo hopiid that some (Jonijressional Plia>bus Apollo hMll furnish it to the public. It is indeed difficult to liiid or imagine any good reason for Idle new Act of tlie 2nd March last. It is superHuous. and even absurd, to make a Istat itory declaration thai a law already enacted for a certain locality shall a]i[)!y to it. be measures for its enforcement now ordered may be wise, but ii tliey were to be confined |lo their legitimate sphere, they were quito wiiiiin the President's authority before said MM 300 Act. They had, in fact, been already taken by Nfr. Cleveland's Administration, had then been carried out in regions beyond that sphere for two seasons, after which better counsel prevailed, and they were limited to our acknowledged jurisdiction. The new law contains nothing new as to the sphere in which the old law is to be enforced ; on the contrary, the attempted extension of this region was distinctly abandoned. Congress in this case, as often before, shirked the responsibility, and confined itself to " egging on.'' Secretary Blaine's assertion, that he is merely enforcing an Act of Congress when he allows the capture of foreign sealers outside of the 3-mile shore limit, is not borne out by the provisions of the Act. Apparently, Mr. Felton and his partizans are entirely unconscious of the fact that their hypothesis fairly bristles with absurdities. It presupposes that, in the settlement of a controversy seriously aflecting ebtablished principles of international law, civilized Governments would deliberately stultify themselves to the extent of insisting upon tlicse principles being strictly carried out in one part of the ocean, and of utterly ignoring them, at the same time, in the part immediately adjoining; of discriminating between seas that have not those geographical differences which international law makes the very conditio sine qud non of discrimination, and of doing all this without any documentary record of tl-iir action, and without a word of explanation as to the reason for such an unprecedented performance. It presupposes that the two maritime nations par excellence. Great Britain and the United States, each more powerful on the ocean than Russia, would have surrendered to her their natural right to the free use of an open sea (expressly declared by Mr. Felton to have been known at the time as valuable), without struggle or remonstrance, without equivalent or cause ! And all tiiis idiotic travesty of patriotism, statesmanship, and diplomacy, is imputed to men of the calibre of John Quincy Adams, George Canning, and Count Nesselrode. This sorry figment of crazy suppositions is palmed off for truth, in the face of documentary proof o.*" a natural, a reasonable, and a consistent argument to the contrary. We are urged to persist in an indefensible and dishonourable policy when there is every evidence that a legitimate and honourable course — that of international conference and agreement — would bring about every res-ult we profess to be aiming at, and bring it about more quickly and more thoroughly than could be hoped for by any other means. The ultimate outcome of such persistence is plain ; it may be delayed, but it cannot be escaped from eventually. And finally it must not be overlooked that, at the best, even a triumphant maintenance against Great Britain of Mr. Felton's hypothesis would not settle the question in our favour as against the rest of the world. Acquiescence being the basis of that hypothesis, it would be binding only upon those nations that had acquiesced. The others remain free to exercise their natural rights in Behring's Sea, and woula in time undoubtedly insist upon doing so, without our having a chance of preventing them under international law. (Signed) ROBERT RAYNER. No. 246. Sir J. Pmmcefote to the Marquis of Salinbui'y. — {Received November 12.) My Lord, WaMngton, November 1, 1889. I LOST no time, after my arrival bere on the 1 5th ultimo, in seeking an interview with Mr. Blaine on the Behring's Sea question. He was much engaged at the time with the Maritime Conference, but he ultimately appointed Thursday, the 24!th, for a prelimi- nary conversation on the subject. We had a great deal of friendly discussion, in the course ot which he stated that the seizures of the Canadian seal-fishing vessels bad been effected by the Treasury Department, which is charged with the protection and collection of the revenue (including that derived from the Alaska Company), and the measure had been resorted to under the belief that it was warranted by the Act of Congress and the Proclamation of the President. In tin's view, the Department had been confirmed by the Judgment of the District Court of Alaska. I observed that this appeared like an assertion of the mare claunum doctrine, which I could hardly believe would be revived at the present day by his Government or any other; to which he replied that his Government had not officially asserted such a claim, and therefore it was unnecessary to discuss it. As a matter of fact, there had been no inter- ference with any Canadian vessels in Behring's Sea except such as were found engaged in the capture and destruction of fur-seals. But his Government claim the exclusive right . 351 of scnl-fishery, which the United States, and Russia before thein, had practically enjoyed for generations without any attempt at interference from any other country. The fur-seal was a species most valuable to mankind, and the Bcln'ing's Sea was its last stronghold. The United States had bought the islands in tliat sea, to whicli these creatures periodically resort to lay their young, and now Canadian fishermen step in and slaughter the seals on their passage to the islands, without taking heed of the warnings given by Canadian officials themselves, that the result must inevitably be the extermination of the species. This was an abuse, not only reprehensible in itself, and opposed to the interests of mankind, but an infraction of the rights of the United States. It inflicted, moreover, a serious injury on a neighbouring and friendly State, by depriving it of the fruits of an industry on which vast sums of money had been expended, and which had long been pursued exclusi' 'y, and for the general benefit. The case was so strong as to necessitate measures of sell-tlefence for the vindication of the rights of the United States and the protection of this valuable fishery from destruction. I replied that, as regarded the question of right, I could not admit that the seizure of the Canadian vessels was justified under the terms of the Act of Congress or of the Proclamation of the President. Municipal legislation could have no operation against foreign vessels beyond territorial waters. A claim of exclusive fishery on the high seas was opposed to international law, and no such right could be acquired by prescription. Mr. Blaine observed that he thought Great Britain enjoyed such a right in relation to pearl fisheries in some parts of the world. I said I was not aware of any such case. As regarded the question of fact, namely, the danger of extermination of the fur-seal species and the necessity for a "close season," there was unfortunately a conflict of opinion. But if, upon a further and more coini)Iete examination of the evidence. Her Majesty's Govern- ment should come to the conclusion that a " close season " is really necessary, and if an agreement should be arrived at on the subject, all differences on questions of legal right would ipso facto disappear. Mr. Blaine expressed his readiness to proceed to such an inquiry, adding that he would be prepared to establish from Canadian evidence alone the absolute necessity for a "close season ;" but he strongly insisted that the inquiry should take place here, and be entirely of a diplomatic ciiaracter. It was suggested, in conversation, that the tripartite negotiation commenced in London between Great Britain, the United States, and Russia, which, from various causes, had been suspended, might be resumed in Washington. Mr. Blaine expressed his concurrence, but he said he did not wish to originate such a proposal. I stated that if such a.i arrangement were agreed to, I sliouid require the assistance of experts from Canada, and it should be understood that the results of the inquiry should, if desired, be made public to the world as a justification of the adoption of a " close season," and an inducement to all other nations to observe it. Also, that there should be an assurance against any more seizures, and an understanding as to compensation to the owners of the vessels and property seized. Mr. Blaine replied that if we did not settle the question before next April he should despair of our ever doing so, and that until that date, when the fishing season reopened, no seizures would take place, for tlicre could be no object in them. As regards compensation, if an agreenieni should be arrived at, he felt sure that his Government would not wish that private individuals who had acted bond fide in the belief that they were exercising their lawful rights, should be the victims of a grave dispute between two great countries, which had happily been adjusted. He was not without hope, therefore, that the wishes I liad expressed might he met, and that all might ho arranged in n manner which should involve no humiliation on either side. His tone was most friendly throughout, and he manifested a strong desire to let all questions of legal right and international law disappear in an agreement for a close season, which he believes to be urgently called for in the common interest. It only now remains for me to solicit your Lordship's instructions in regard to the suggestion of resuming in Washington the tripartite negotiation, with a view to arriving, if possible, at such a solution as is proposed by Mr. Blaine. I have, &c. (Signed) JULIAN PAUNCEFOTE. ,11,-1 "V ' 'i \ \ ' I i I ^^ V f, ^. 352 No. 247. Foreign Office to Sir C. Lampson and Co. Gentlemen, Foreign Office, November 13, 1880. I AM directed by tlie Maniiiis of Snlisbury to acknowledge the receipt of yoLii' litter of the 6th instant, with its inelosure, again calling attention to the effects which are tu be appreiiended from the indisci'iininate slaugiiter of female seals in the waters of lk'lirii:;4's Sea, and I .in to say that your representfitions on the suhject will receive Ciuelul attention. Lord -Salisbury will be glad to receive any statistical evidence which you may be uhle to furnish as to the e.itent to which the number and quality of the catch of male seals luts been affected of late years by the increased slaughter of female seals in the open sea, and any other information wliich might be of assistance in considering the reincdiiil measures which it may he desirable to adopt. His Ijordship presumes that you would have no objection to the eventual pnbliciuioii of your letter under reply, and of any subsequent communications not marked " L'oiili. dential." I have, &e. (Signed) r. H. SANDERSON. No. 248. Sir C. Lampson and Co. to Foreign Office. — (^Received November 1;'),) Dear Sir, 64, Queen Street, London, November 14, 1889. WE have to acknowledge receipt of your valued favour of the 13th instant, and bci,' to thank you for having taken the matter into considcratinn. We are now collecting all the informatior. we can with reference to tiie details Lord Salisbury is anxious to obtain, and when we have completet' our Statement, will forward it to you. We are (|uite willing to have any of our letters used as Lord Salisbury may see lit. Yours, &c. (Signed) C. M. LAMPSON a no Co. No. 240. Colonial Office to Foreign Office. — (Received December I.) Sir, Downing Street, Novemlier 30, 188!). WITH reference to the letter from this Depaitment of the 9Lh August last, 1 am directed by Lord Knutsford to transmit to you, to he laid before the Marquis of t^alisbiirv, a copy of a des[)atch from the Deputy Governor of Canada, inclosing an impoitaiit Minute of the Dominion J'rivy Council on the subject of the proposed close lime lor seals in Hehring's Sea. I am to request that the inclosures in Sir W. Ritchie's despatch, which are nut in original, may be returned after perusal. 1 am, &(;. (Signed) JOHN I5RAMST0X, 353 Inclosure 1 in No. 249. DfinityGorrrnor Sir IV. Ritchie to Lord Knul.s/ord. Mv Lord, Ottawa, November 11, 1889. ' ' WITH reference to Lord Stanley of Preston's confidential despatch of the 3rd August, 1R88, in whieli was inclosed a copy of a Minute of Council of the 14th July of that year, protesting against the proposal made by the United States' (jovcrnuient for the establish. nient of a close season for seals in IJehring's Sea, I have the honour to forward herewith, lor vonr Lordship's information, a copy of an approved Report of a Committee of the Privv C'ouncil, to which are appended certain declarations and statements tending; to support the contentions advanced by the Dominion Government in the above-mentioned Minute. I have, &c. (Signed) W. J. RITCHfE. Inclosure 2 in No. 249. Report of a Committee of the Honourable the Privy Council, approved by //is Excellency the Governor-General in Council, November 4, 1?89. ON a Ri port dated the liGth October, 1889, from tiie Minister of Marine ami Fisheries, Ulatiiii; liiat he has recently r. ceived from parties interested in the fur-sealing industry of [the llchring's Sea, furtiicr information relative to seal-hunting. Tiie Minister desires altenlion to the Minute of Council dated the 14th July, 18S8, I made on a Report of the then Minister of Marine and Fisheries upon a proposal from Mr. Secretary Bayard, for the establishment of a close season for seals in the Bchring's Sea, which was a proposition to agree to enforcing a close season from the 15th April to the 1 1st November in each year. The Minute of Council dealt very fully with this and pointed out : — That the United States' Minister, as reported in the despatch from Lord Knutsford, I of the 8th March, 1888, then under consideration, had assci'ted that there were both close I open seasons lor killing seals in the Behring's Sea, and tl>atthe United States' Govern- Inient was endeavouring to enforce the observance of these seasons by all nationalities alike, land, consequently, that during the open season seals could be pursued without fear of Iniolestation, whereas, in fact, the killing of seals, except by the Alaska Commercial ICoinpany, lessees of the Seal Islands, is entirely prohibited by the laws of the United IStales, and this law was then being enforced against citizens of the United States and those |of Canada. That the Alaska Commercial Company, under the terms of their lease, had a monopoly lof the industry, and killed lOO.COO seals annually, for which monopoly they paid yearly |iiito the Treasury af the United States over 300,000 dollars. The Minute of Council above referred to went on to show that no pressing necessity Inisted for the establishment of such a close season, since careful measurement of the I'Rookeries'' on St. Paul and St. George Islands showed 6,337,750 seals, whilst only 100,000 were annually killed, and the United States' Special Agent for Alaska in 1887, reported the seals on the increase. That as the seals arrive in May and leave about the end of October, a close season Ifromthe Ist April to the IGth November, as proposed by the Honourable Mr. Bayard, Muld practically prohibit all fishing except by the Alaska Commercial Company, who Muld kill on the only places where the seals " haul out " during June, July, September, fend October, tl^nr ol the months of the |)roposed close season, thus establishing their |iiono|)oly more effectually. That while under Mr. Bayard's proposition this area would be closed against all kpirations (ixcept those of their own sealers on the Pribyloft" Islands, other sealing areas in picrica and Asia would be open to her as before. That the Alaska Commercial Company has a leasehold from the Russian Government ' fh does not fall under the proposed area. That while the arrangement would benefit Russia and the United States, Canada kould lose the whole sealing industry. [128] 2 Z iH IP tH-- Tlio Minister further observes timt this Minute of Council called attention to tin opinion ol cxpcrienct'd st-nlers, who avei that by the present methods of hunting with ;;iiii and spcnr not nioie than one in ten of tlu- seals struck is lost, and that it is not bcljfveii tliiit these nietliods arc so destruclive as alleged. In the snifi Minute of Council it is claimed that the sole object of the United Stiites was to establish a monopoly in the manner and locality of killinii; seals in favour of such United States' citizens who might from time to time enjoy the privilege of scaling di, Pribylotf" Islands. The Minister submits the appended declarations anM J ■ .. '..i'. ,. ., r; t'[i-: • ■.. ■ ■ K ' .'A ■..,: ',. i: r '../ >l) 8SS . , ApjMjiiilix 1. Statements of rmHkul Ifunters. . ( Jamea Wiinoii, , r WAS ciiiiK'HtfT on lioiivil till' H('iiliiij,'-si'li(miicr " Tviiiiiiiili " mi Iicr vnyiific this yniir. Cliic of (lie hiiliti'i-.s \MiM iliDwiinl jii'i )icf(ii-c I'Mlciiti'i I'lcliriiiLt's Si'ii, (md I tcMik liis plaic. I Wiis mit hiinliiiL,' himIm alHUit 11 wi'ck, liiit till- wi iillifi' wiis Imcl, hiiiI I ;;iit cmly Iwnilv-lliiii' si'iils. 1 had IkiiI no i'N|KTiciii('. I ilNi'il ;i lii'cccli-liiiulinj,' sli(it-^,'iin, iiliil slmt scfils nl, ii iiilii.;i' of IVoni l(t to lAyiirilH. 1 lost one seal tlm)Ui,'li till' caivli'.isiu'.ss of tlio lioal lianils ninniii;^' the lioat over tlii' seal, whicli sank ilirrclly lunItT Miisl of NualM IohI by Inintuis arc shot at lonj^ I'linjics witli tlni lillc. One liiinti'l on the Tiiuni|ili" this yuar ;;ol ovcf sixty seals ami only lost oui'. I nt^viT saw it row seal with her yoiiny; K'niiln hiT. Out of till' twciitv-thrcc I ;^'ot, live or six woni cows cairyin;,' ihrir voinij;. (SiaiiftI) "JAMKS WILSON. Viildfin, liriliuli Cnlnmbiii, Amjiist !i, 1889. Wil/iiiiit Fciriiii/.t. I havo liGiui tlui!u ycaiH liuutiii;,' seals on th(! I'acilic Coast and in JJuhiing's Sua. In ISST 1 was on Iki,ui1 llie si'alin;,'-s(diooiu'r " Kavouritc," in 1888 on the' " Viva," and in I8HU on hoaid llii' " Tiiuni|)lj." Ill I'licli ycai'thc vessul I was on cnlcicd the lUilniny's Si'u early in .Inly.and lel't the si'a the latter |iarl i.r Aii'iiisl or early in Seiitenduir, i^xeept this year, when llii! "'rrinnijdi " lel'l the s(;a lai (he I llh .Inly, umlcr llireiil of seizure, after searched hy the United Stales' eiitter "liilsh." In IS.ST tlie hiinlers 1 WHS wilii were jiartly Indians and jmrtly whiles. In the, two last yoars the hnnlers were all whiles, usiiij; siicil-Ljiins and rilles. The rilles wlm(' used hy the more exiierieneed hunters and butter shots tor liiMfj-ran^iu shootinf,', up to 10(1 yard.s, but few hunters attoin)ited that niiif,'e. The ijenenil ranj,'e lor lilies is not over lil'ty yards, niul most shots iiru made at a less ran^'u. \ few hunters used the rille for all distances. [ use either rifle or shcjt-Kun, uccording to the ilisliuice and position of the seal and the couilition of the water. My lirst y(!ar I j,'ot about 400 seals. In },'ettint{ this inimber, I failed to rapture about twenty-live . My experience with white hunters is not so exiensive as pvitli Indians, but from what 1 ii.ive .seen while engaged in .sealing I can say that not over six in every I lllii seals killed by white hunters are lost or e.s^ape. Kxjierieuced hunters :,eldom lose a xeal ; the losses are chielly made by inex]ierieiiced hunters, only 'I tew (if whom are employed, lor the reason that a.s hunter.'^ arc paid so much a skin, inferior men 'innot make good wages. I have noticed no diminution in the number of seals during the twenty [128] 2 Z 2 ' ). !i i. . i'i % ^ 1^, P / vg 4V-' IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1^ »2A |2.5 |J0 ^^" ■■■ ^^ BOO ^^= U£ Btt |2.2 I.I ! "^ |||P° m 1.25 1 1-^ III 1-6 Fnotographic Sdences Corporation 5< ^<^ f/, •SJ V ^ \ <^ 4 \ 33 WIST MAIN STREIT WEBSTH.N.Y. US80 (716)t72-4»03 % ^ -1* 3n6 years I Imvc bncn in tlio business, but if any cl'a'.iso at nil, nn incrciisc. Of tlio sonls Inkon nlnng thf Cfinst nhout ono-balf lire fenmlcs, inul of the f^jiimii^s nut nii>n! tlmn one-liiilf are with young. In Behrini^'s StMi not one in 10(1 of thos(! taiton l>y tlie liuntcrs are females with yiaiii;,' ; iHicause as sikui as the females canyinj^ their youn.n )i''t into tiie sen lliey i;o to the laiHichuK islands or rookeries, and iru few (lays tlieir youni,' are horn. Tht! cows renuiiii with iheir ycanii,' until they are i|nit«^ ahlr to tike care of themselves. 1 do not tiiink that out of llu' seals taken hy Indian ami white hunters iiion; than 30 [ler eeut. arr females aetiially breeding or eapahle of brei-din;^. "Old liulls," " liaehelors," " two-yi'ar-old imps," and " liirre cows" make u|i the ;,'reat lanjnritv Cow.s ni'tiially hreedin^' are very watchful, and while on the voya;,'e northward are ever on tin alert, so they are tliltieiilt lo take. On the other hand, the oilier classes above named make ii]i llie gicit ilas, of "slei'iieis" from which fully 1)0 jier cent, of the wlioli! catch of hunters is derived. I ikiw; saw or lieard of a " cow ' havinj; lier youny beside her in the water, either on the coit-^t nr in Behrinf,''s Sea. (Signed) J. U. ■NVAIJIIKS. Vicloriu, Itriluh (Julumhia, Aui/iist 10, 1880. Ctiptdiii Sieiraril. I have licen a master sealer for two years. In 1888 I commanded the " Arnniiah," and in IS89 the "Walter L. Rich," and during liotli years sealed nlont,' the coa.st from off Point Nortliwanl to Bchring's Sea. In 1888 I had Indian hunters, and this year white hunters. The Indians lose vm few seals, for if the spear strike the seal is i,'ot, and if the sjiear misses the seal of course csmjiis unhurt. The white hunters use ritles and sliot-gnn.s, the latter mmli iiiore tlmn the former. liillcH are nsed only by good shots, and then at only long range. The seals lost by white hunters after lieinc shot or wounded do not on the lower coast e.veeed six in 100, and on the Alaska coast and in liflniii;;',* Soa not over four in 100. On sailing I generally take 10 per cent, additional aniniunition for waste shot, that is, if calcu- lating on a catch of 3,000 seals, I would take ammunition for 3,300 shots. That was double tiie excess the hunters would consider necessary, and I never knew that j)ercentage of waste kIkjI to lie used. I never saw a female seal with her young Ijeside her in the water. Out of a catch of 1,423 seals this year, I had only fifty-five seals under 2 years old, i.e., between 1 and 2 years old. When nt Ouualaska this year, I learned that the Alaska Commercial Comjiany last year titteil mil two small schoonei-s belonging to private parties with large deep nets several hundred fathoms Imii;, which were set aci-oss the passes leading from llehring's Sea for the purpose of catching yoiiiii,' ,«i>als. One of tlie.se schooiit-rs got 700 of these young seals, about 4 months old, and sold them to the Alaska Commercial Com))aiiy at 2 dol. .''lO c. a]>iece. A schooner, the " S|)encer F. Baird," 10 or 12 tons, was then at Ouualaska fitting u]i to j;o to Akoutan I'a.ss for the same pnrpo.se this falL The law forbids the killing of all fur-bearing ..iiiimils in Alaskan waters by any hunters except the natives, yet such is done every year at Kodiak, Saiiaka, iiuii the Aleutian Islands by white hunters fitted out by the Alaskan Commercial Company, under tht agreement that the iixva must be sold to the Company. (Signed) II. F. SIEWAI.M), J/(M/(T, Victoria, British Columbia, Axujust 10, 1889. American schooner " Waltci- L. Jitdi." IValter House.. I was a hunter on the schooner "Walter L. Itich," on her sealing voyage this year. It was my first year on the I'acilic const, but I iiad had seven years' experience on the Newfoundland cinri catching hair-.seals. Tliis year on the " Kich " I got IHo seals and lost five, which sunk liel'ore I luiu'lii'l them. I ii.sed a shot-gun. The huulers on the "Itich" lost aliout the .same proportion, sonic is It w more, some less. 1 never saw a cow seal in the water with her young beside her or near her, nor liave I ever heard of such a ease. (Signed) WALTEU IIOU.SL Viciuriu, British Columbia, Amjust 10, 1880. if*morr vcnntl at, lay •• Vitliie pt'r ftkiii, 7 dot, |j[l c. ,, Valiir for twuMiy veualt ., ,, 3,000 akini. 15,000 dollara. 800,000 „ 357 Two thousftnd skins is a low tstiirmto pel vessel, and were it not for tliu iistfrfureiicu o( the United States' cutters in JJeliring's Sen, the catch per vessel would average quite 3,000 skins. Captain WUliam CfJAcary. I anj a master mariner, and have been seal-hunting on the I'acitic; coast four yoars, tlni'n of which I was in Itehring's Sea as well. One year I had Indian hunlers only, and the three years 1 'lad white hanters only — all on the schooner " I'athfinder." My ex|K!rience with Indian hunters is tliai thev lose none — at nio.st a few — of the seals they spraiv. Tlie speiirs are '•' in'iirdiil," some with o;ie, .some with two iMMirds, and onno the seal is struck, capture is certain. Wiiite hunters use shot-Kuns and riHes, according to distance and state of water. On smooth water and at long ranges the rifle is generally used, but the majority of huntei-s use the shot-gun, and the great majority of seals are shot with guns. I'he nund)er of .seals lost by white hunters does not e.x<'e(.'d si.\ in 100, and many huntei-s lose macli less than that number. About half of the peals taken along the coast are cows, and ])erhaps two-tliinls of the cows, are with young. Putting a vessel's coast catch at 400, from 150 to 175 might bo cows with young. In Behring's Sea the avenige of cows with young killed will not average one in 100, for the reason that as soon as the cows reach the sea they go to the breeding islands where theii- young are born. I never saw cows in the water with their young with them. I do not think there is any decrease in tlie number of seal entering liehring's Sea. I never saw so many seal along the coast as there were this year, and in Behring's Sea they were more numerous than I ever saw before. This yeai I ihot forty -four seals and lost one. (Signed) WM. O'LEAKY. Victoria, Britinh Cdvnhia, Septcmhfr 12, 1889. Frfderick Qilhert. I am a seal hunter. I have been four years on Iward sealing-vessels, one year I was a boat rower, anil tlucc years a hunter. I have always l)een with white Inuiters, and have used the shot-gun and rille for .shooting seals. In 1887 I got 518 .seals and lost 14 ; in 1888 I got 244 and lost 5 ; in 1880 I got 454 and lost It) ; or in the throe yeai? 1 got 1,216 seals, and lost 35, or 2| per cent. I never shot or saw pups with tliu cows in the water, nor have I ever heard of such a case. Some hunters lu.se a few more than I do, but the most unlucky hunters I have met with did not lose twice as many. (Signed) riJKD. (JILliEKT. Victoria, lirili-th CoUimhia, Si'pttmhcr 12, 1889. \ \ Jl ! i\ \ 1 \ltcr L. Rich!' George. Ilon-t- '"' My finst year's sealing, ISSfi, was on board the "Theresa" from San Francisco to Victoria. We liift San Francisco on the !?Oth .laniuiry, and arrived at Victoria on the 7t'i April. I got 159 seals, of wliich 1 lost about 7. I used a shot-gun jmncipally, the rifle only for long mnge shooting, say, from 3(1 to 00 yards. At Victoria I left the "Theresa" and joined the " I'athlinder." The "I'athfinder" left Victoria on tlie 4th May Ibr I'elu'ing's Sea, and that tri]) I g(.t 442 seals and lost about 20. In 1887 I joiueil tlie " reiielope," anil left Victoria on the thiitl February. I got 018 seals during the ncasnu and lo.st :il. In 1888 I did not go .sealing, but in 1889 I wius engaged on the .schooner "Viva;" we left Victoria on the 19th .lauuary, and I got 734 seals during the season and lost ."57. I never saw a young puj) alongside its cow in the water. About one-third of the .seals taken (ui the coast are cows with pup or capable of beii g with pup. In liehring's Sea I got four cows with pups in them. (Signed) GEOllGE HOWE. TJiomn.1 Jfoice. In 188('), on board the "Theresa " and " I'alliHnder," I got for the season 397 seals, and lost about 20. In 1887, on the schooner " I'enelope," 1 got 510 and lost aliout 30. in 1888, on the " Lily Lad," I got 316 and lost 12. In 1889, on board the " Viva," I got 587 and lost 27. (Signed) THOMAS HOWE Albert J. Dertrani. This was my first year hunting seals. I went out on the " Annie C. Moore." We left Victoria on the 25th Jaiuuiry. 1 got during tlie sea.son 320 s«'als. I use a shot-gun principally. On the coast I !^')t about 25 to 30 females with yoimg in them, and in Behring's Sea 1 got about 6 or 7. 1 novel saw a cow with her pup alongside of hor in the water. I lost 21 seals that sank before I could reach tlicin, (Signed) A. J. BEK'l'KAM. 'ill 358 Statement hy Mr. Afilne. WITH ivfjuifl to tlip I'nrly history nf tlip scnliiif; inilustry in British Columbia, it is well known Uint, owiiij; to the spiirso Srtllciiu'iits on tho west coust of Viinoimvi'i' niul Qiicun f'iinrlottd Islands, the tnkiiif; of seals ami tlio hiinliiii; of the sea (ittcr was I'oIIowimI only hy oi'v Imliaii ))0])ulatioii, wli,) pnrsiiid this iiiiliistrv in their own ))rimitive manner, that is, hy nsinjrthe eanoe mul spenr, nnd selcldiu venturinj,' heyotid sii;ht of laii'l. Tlieir snei'ess was only known to the tnnlers who had stores or stations, or trading schooners usnally visitinj,' the west roast dnrin;^ that season ; the white i~.npiilalioi, «]i to Inter years heinj; I'hielly en>;aj;ed in other oceu])ations. Sealing and th'cp-sea flshinj; did not hvvh to attract inneh ntt<'ntioii. The few seals eani;lil hy tht^ Indians ndjaoent to the coast was not eonsidered suftieient indneenient to our seamen, ail. Warren, Hugh McKay, and Williiiin .Sjiring (of whom the fiist mentioned only survives to im])ait the early history of the now important indwstry) reaped the rewaril of toil, and have retired to enjoy the fruits of their labour. About the years 187><-7'.l the schooners belonging to tlu? port of Victoria, British ('olund)ia, hc^'aii to exteml their voyages .seawards, and the migrations of the seals became Ixjtter understooil. Scliooncrs cruizing .southerly in the early spring months would meet the returning seals, bound northward. At this time the following schooners engaged in this tratiic : — "Thornton" ** Annii llerk ' "FitoriU'" *' Onward ' Owned hjr Captnin J. D. Worri-n. Ditti). Owned hj Ca|ilain llugti McKtf. Ditto. In the year 18S0 the .schooner " Mary Kllcn," a vessel (l;! tons, was purchased by William Sprin;', and added to the .sealing licet at N'ictoria ; and in the years ISSI-SL' auxiliary steam power was added to the " Anna Heck " and " Thornton," and several new vessels were built. The .sealing industry at this time was considcreil in a fairly prosperous condition. In the year ISS:!. the American schooner "San Diego," of San Francisco, of which DaniW Mel/'uu wiis nia.stcr, his brother Alexander .McU'an being mate (both Nova Seotians), fitted oul in San Francisco for the Xortli I'acilic anil liehriiig's Sea on a walrussing ami .sealing voyage. With a ciew of thirteen men they hunted along the west uoast of California and liritish Columbia, startiin,' alnrnt the 1st June, ISHo. " During the voyage, which lasted till tho end of Augu.st, they .spoke no vessel or Jtevemiu- cutter, nor had any coinmniucatiou with any om-. They returned to Victoria 'ifler a successful voyage. The following vessels wen^ engaged on the west coast n,s sealers in the years 1882-81!, but which did not enter Hehring's Sea. All wen; fairly successful: — Ht'honnert — ••Kiudrili'" " Aliri'tl .\duni8*' *' Annn Berk '* " l)(.l|iliin" " (.ir.Ht'r " " Onward " " Tliorntan " • W. V. S»y«Hril' " BUi'k Diamond ' Tons. 80 60 (C9) 40 60 77 29 60 H2 In the year 1884 the schooner "Mary Kllen," of Victoria, British Columbia, Daniel Mckai jiijfster, fitted out at San Francisco with a crew of sixteen men to hinit seals along the west coast, am. entered Iichring's Sea r.bnut the loth June and left about the end of August of the same year. Tilt voyage was .satisfactory to owners and crew. They pro»ecnti«l their legitimate and peaceful voyage tn the high seas without any int<'rforence froiu any one. Ill the same year the schoonei-s " Favorite," ".Anna Heck," " Alfred Adams," " Dolphin," "(Ir.Kr." "ttiiward," "Tliomt — considered u pio8|terons one for sealers— the " Mury Kllcn " and "Favorilc," nf .Victoria, having enle,rcd Behring's Sea during June and leaving about the, end of August, and the other schooners, as per list attached hereto, hulited in the X:irth P>iv.if5c, but not entering: Behring.'(i Sea. . ,> .. ..^^ 35!) A iiunilxir of vi'ssuls were udik'd to tlic tleet in tlip follnwiiiK year (188G), iiiul tlic (!iitei']>i'i8ing (inn, l.'anio mid Miui.sie, liruuglit iiruiiud V»\n'. Horn tin' m;lio*)ni'r " rutiilindur." Tiiis latter led to soiiii' iiiniiij,Tatioa from (Nintcrn jirovinces of tliu Imrdy diiss of si'iimcn so well ndapt(Ml to the seidinj; iiidustiy. All the vessels elearin;; from VietoriH, British Columbia, entered Behrin;,-'.s Sen wilh the exception of the schooners •' Aetive" and ' Itnstler," lost oil' Vuneouvur's Island. Tlic! same year (ISKti) is also reniarkalilu for the seizures of the "Carolina,'' "Onwaiil," anil "Tlinruton," the altendin;; circumstunees of which is now a matter of history. The.se ves.sels, titted out at Victoria for sealing; in the vvaters of the Xorth Pacific Ocean and liehrin^j's .sea, and at the lime . of seizure (Island L'nd An},'ust, 1H8(>), were aliout "0 miles from the nearest land. The I'niled Slates' ]tevcnne-cutt*'r took them to Ounaliuska. The crews of the " Carolina " and •' Tlmrntou," with the exccjition of tlie captain and one man detained on lioaiil, were .sent to .Sin Krau(:i.sco, nearly l,(illl) miles from home, and turned adrifi to beg their breiul, and by ap^Hjaling to the diHi'ity nf the humaiu! to lind their way hack to their home« ou Vaueouver's Island. The crew of the "Onward" was kejit ut OunalnNka. The nuister and mate of the "Thornton'" were brought to trial liotoR' a Judge named Jiaw.sou, in the I'nited States' Di.striet Court at Sitka; and if half the .stories tlmt are told ai'e true as to the manner in which Courts are oondtictcd in Ala.ska, we cannot be surprised tt the verdict. The trial was a I'uice on justice, where intematiomil law or comity had no consideration. "The Britisher nuLst sullor," and he 'vas found guilty accordingly. The master of the "Thornton" wius .seiitented to thirty days' imprisonment and a fine of otio dollan; the nuite to thirty days' imprisonment and a fine of 'MO dollars. The master and mates of tlie "Onward," as also tlie olficers of the " Carolina," were likewise mulcted of similar jieuallies. Tlu^ master of the latter ves.sel, one James Ogilvie, un old man and a pioneer of British Columbia, well thuught of by owners and crews suiUng from Ids |iort, of Victoria, afUiv Bufl'ering harsh and iuhinnan treatment/ at tht; hands of the survants of the miglity liepublic which blatantly i)roclHimH its love for the right, was suil'ered to wander into wood, where he died from want and e.\}ioaure. The other nntsters and unites, after remaining in jtrLson for soveiiil months, were released by order of the (juvernor of Alaska niwn hi.'S being Ijcsought by the inhabitants of Sitka in the interests of liuiuaiii'.,y. They were turned out of confinement litenilly destitute, without food or .shelter, and com- pelled to lind their way back as best they miglit to their homes 1,500 miles distant, readied only by a long and costly voyage, or by the friendly help of the Indian and a canoo over a tempestuous wintry ocean. The story of jXKir Ogilvie, the taunts of an unscrupulous Judge, chai'uct«riziug them as pirates ami robbers, tiie Nubsci|uent im]>risoiiiiient in a foul Alaskan dungeon (lit only for a suvage Aleut), will long be liihl as a travesty on the humane acts of u friendly (.lovemment. The schooners have since lain on the beach at Ounalaska, worm-eaten and worthless. In 1H87 the (lovcrnnicnt of the I'liilcd ."^lalcs concluded to give these vessels u]), and in a letter from Mr Bayard to ;>ir L. \\\s{, dated the 1 Ith October, 1SH7, tin I'ollnwing extract aiipears;— " in the meantime, in acknowledging vfair note, L take wcasirm to 8t«tn my im]iression that if the three vessels sei/e(l and ordered to be rclea.scd have not been re-possessed by their owners, it is not beciiusc of any hindrance on the part of any official of this Government or failure to obey the mder for rt>lca.se, lait prol)alily because of the leinoteness of the locality (Ounalaska) where they were taken after iuri'st for adjudication, aufl the jiroceedings having Ixien in rem, the ownere have not seen pit)per to lirocceUtvict o/Aliida, Uiiilnl Sliilin' MiirnhnCa Office " Sir, Sillu, XoremUi- 1, 1888. " You are hereby authorized and directed to deliver to tlu' rightful owner, Messrs. .Munsie and Co., Victoria, Hritish Columbia, the .seized schooner " Caroline," of Victoria, British Columbia, her tackle, apparel, and furnituii', as she now lies in the Harl)our of Ounalaska. (Signed) " Barton Atkins, Uuikd States' AfariJial. " ¥.. H. Wall, Esq., United States' Deputy Collector of Customs, Ounalaska, Alaska." 360 " District of Alaska, Unitfd Slafeji' MarsluU'a Offief, " Qontlenion, Silka, November 1, 1888. " I liavo tlio honour to inform you that I have received from the honouralile Attoriioy-Oendml of the United Stiitu.i onlers to releiuu* to tho rightful owners the schooner " Ciiroline," lier tackle, !i|iparel, and furniture, as she now lias at the Harliour of Ounahiska, in tho district, of Ahisko. Tho onhsr on the Deputy Collector of Customs at Ounaloska to ihdivor to you the iiroiwiiy is herewith inclosed. " Very respectfully, (Signed) " Bauton Atkins, l/nited States' Marshal. " Messrs. Munsie and Co., Victoria, British Columbia." In tho year 1887 the vessels 'snumerated on list on p. 178 entered Bchring's Sea after finishing tho spring Sanson. Tlie names of tho schooners and dates of the seizure, together with dates of tlieir sali. at I'ort Town.send, W. T., where they were taken after post|>onementa antl delays, also appear. Tlipy were sold on the 2Cth March, 1889, currently report at the time disposed of at a nominal value. All tho vessels named on the list, p. 179, went to sea in 1888, pi-oceeding to Behring's Sea, ftiui wcro, with tho exception of the " Araunah," which was seized, successful. This seizure was made on the 1st Jidy of that year by Jie IJussian schooner " Ale.rander II," and taken to the port of Vladivostock Uussian Siberia. All the vessels enumemted on p. 179 went to Behring's Sea in 1889, and the return of the " Triumph " and capture of tho " Black Diamond," and subsequent escape, are all fresh in the meniories of our people, and need not be here repeated. In conclusion, I have omitted remarks on the many questions arising in regard to the seizure of our vessels, feeling a.ssiired that the Government is doing everything to bring the matter to a s\mei)- settlement Also in regard to the habits of the seal, many erroneous opinions being given in the American pi'cs.s, and by tiic paid oltieinls of the Alaska Fur Company as to the loss of seals by wanton slaughter (lus they term it) of our .sealers, I have made duo and diligent inquiry as to the i)ercfintn;;e of seals liable to be lost after being shot, and from what I have gathered, it umouuls, at most to only G per cent. The habits of the seal are now well understood. They travel singly and in pairs, not in ilrovt's or numbers as has been supposed by some, and to cover a large expanse of water. Tliey are fimml 400 miles westward of Vancouver Island, and migrate to Behring's Sea in Septoml>er and OctnlKT. The pups leave later in November, the temjierature of the water having some iulluence upon llitir movement, but they always return to Behiing's Sea in June of every year. Vessels cleared for North Pacific Ocean and Behring's Sea, 1885. SchooDfrt. Mtry Ellen FiTorite White crew and hanlen. White crew and Indian hunter*. Vkssels cleared for North Pacific Ocean, but did not enter Behring's Sea. Schooncra, Tout. Alfred Adami . , 69 Anna Beck .. . 46 Black Diamond .. 82 Carolina 32 Dolphin 60 Grace .. 77 Kate 58 Mountain Chief .. 23 Onward 35 Thumton 2» W. P. Say ward .. 60 ' W^ 361 Vk.iSKLH rlcaivil liir Noitli rm^ilic Oi-ciiii i\i\i\ Iti'liiiii','".- Sen, 18K('(. Schooner*. Tonf. Alfred Adams , . <>9 Anni Beck 4n Aetiro.. . .. ■• 12 Piilliuleri'il April 1, IMS;. Bluck Diamond .. 82 Uolphin 80 Patnrife .. ,, .. .. 80 Ciracn .. 77 Cuoliii* 32 Sriiid August •>, |88l°.. I>r United 8Ulei' (iiivcrnment. K, 1887. by Lniua SUtet' Oo- \i'rnii.rut, mid relraH-d under bonds. ^'1 m [128] 3 A Vksselh cluai'uil lor North I'ucilic Ucutiii and liuhriuga Sea, USH, Scliooiicrs. Tui». UiHpoiltiun, Annin C. Moun- . 113 Arniiitiih 71 Svlinl July 1 18HH, hy Kuminn ( iovmiau'Ul. Aurora 41 Hliu'k DiiiinoMil . Hi K«»iiriti' 90 Juaiiila 40 K>l« .. 58 Liljr .. C9 tCominf. Li'tilis , . •iS Miiry T»yli>r 43 Miiuntaiii I'liii-f . as Mwy E\Wn 63 ManKie Mo 71 Pi'lU'hipi' • • 70 Pathtimler ce SAppliire . 124 W. 1'. Ssywiir.l . 60 Triuin|ih . 16 Teivaa , . fij Triumpli 9S , Vi»a .. 9i ■Waiicl.Ttr 16 ~ • - Wlnifml 13 Vkssels clcaroil lor North Pufilic Oii';m ;iiul IMuiuf^'s Soa, 18S'.>. ■ii: Sehnoners Ariel Aniiii! C. Moort* . Aunira.. , (Hack DtaiimiKl • Favorite Juanita Kuln . . Lily . . Ix'titirt . . Marv Klleii . Marv Tavl.ir X!ol;^ie Jli- Motiniain Cliit'f . I'allilinder Minnie.. Penelepe Sapphire , \V. I>. Savnunl . Triumph Ten'sa.. 'IViuinph Viva . . Wanilerer Winifp'd Tiinf. 9(1 113 41 82 80 40 58 69 28 63 43 71 23 06 4G 70 124 60 98 63 IS 92 16 13 Scicesi(le.s ciiir own twciity-fom' liritish vesfsols, ii is saiil tliiit thirty-two of other ^latioIl^■ liivi dcorctl ill San Ki-aiicisco ami Piip't .Sound ports, all intonilin^ to gn to Itoliriiu;'s Soa lliis year. > S ii: i 1 863 ''•'', '■ Owner.. VMM.'!. Tonnage. Viilui' of OutAt. White Mun. Indiaai. .1 . Dollars. ■ ■■ (r'l (•«rne »nd Misn«ii- .. ., MnrrTnylnr .. ,, 43 H.noo .'l 22 . .Ilvli n.i Dilio I'alhlindt'r nr. 10,000 22 • • ii..TJ.' rHito Viva .. •, it.' 12,000 22 ,, ■ ■.''.i II. Mclean.. .. .. Mary KMin ns M.OOO 21 , , ! 1 ;.' V. C. llikiT (ml To. .. Triuinpli . . '.IB 11.000 30 ,, «' Spring ,. Favorite ■ . Hit H.OOO 7 30 . 1. '.'ij DilM Ka(i> 5H 7.000 ■i :iu . Not known .. •■ Aurora .. II H.llOO 4 24 ,' .- ;•'..! Janitiitcn , . . * Minnii* .. .. .. 4(1 H.500 1 30 ^fnrvin anil <'ni •• .* Sappttiri' l'.!! l.'i.OOII ('> 40 M>-l)-* •• «■ I'enilnp' 70 10,000 20 1 •• .» .■ ■! I>(hIiI and ('n. •• •• M.(fKi<'M,- ;i lll.nOO 21 1 •• I.uniDHTi; nntl Co. . • . . W. 1'. Soyward .. no K.nuo .'» 50 Kill ami ('.(U'lu'l Juanita .. •• ., 40 li.ooo ti 28 Miiiire nnil lltirkftt •• .. Aniiiii C, Moore ,. 113 l.'i.OOO 22 , , Il'iliiniiton and Co. .. .. Tori-«a ,. li.'t 10.1100 20 ,, Ilui'knan ,. .. Ari.l .. 'JO 9.OO0 21 Indiana .. .. .. Mountain Cider .. 23 3,000 , , 1 20 I'aiinn and Co. .. Wandprrr ■ . . , 10 ,'),S00 3 ' 20 Muir, llrotlii'n Triumph IT) :i,noo 3 IS Indian') •• •• •• Li-tltia .• 2S 2,000 • • 20 l,4C4 2(MI,.'iOO 202 37,-> Memorundithi. I'.sriMATKs of tlie Amount paid for \Vn>;t'.s, &c,, of the Viotniin .*^i ulin^; Khct, ami tlm jmOialiUr Iiflurn.s. Didlari. Wages of crew and hunters, prr vcKsvl ,. ,, .. .. ,. ,, 7,0011 Insurancu prefnium on H.OOO dollars, at 7 per rent, ,. ,, ,. ,. rifiO l*ro>isioD8, salt, amniunitloii, ank, or Island. The said mate had with him about lifteen natives of the Aleutian Island.s. While on shore we discovered a threat heap of dead and rotten seals ]iilei< iiini, ibo ni'WM of my own vi\ pit Ihn Ik'ucIi cIi'iii'imI, Kvi'ty inikii wim Dnlcml to k(H>|> cotitit of IliK iniiiilH'r iif ili'iiil mi'iiIh Iio iIhi^^imI ntV llic lu'iicli, ninl wlicti llii< work witx iloim m, foiiml tliitl llio tnliil iiiniilH'i' in llin pile >viis lii>Uvi unlcr, Ixil lliry wduIiI nut |iull mil on iIik Ixmu'Ii km iiimmmiiiI. nf ihn •tench ami llltli, \Vi< wii.sIhmI iIh' licnili im ilnin us w nilil, luul tniniil \\w f;nivi'l over ih fiir u.i wn Wi linirli i)iiili< clruii iipliii, nnil llio nciiU tllcn l)r);iin to pull nut. Ami I miiko lliiN Hnlcmn tli'cliiriitinn. I'linwicnllouiily lH'lii hiuiih In Im lino iiml liy vniiin «if Uio Aol r(itriitinii mid IViicc i\Ksiiciati()n Imvc Iiml np\'\\\ liroui;lit iiiuKt tlu'ir iiotico the vciy iiiisatisriictoiy slalo of iiHaii's t)i;il. Iins ioii!; prcvnilcd r«'f;i\nlin^ tlio seal lislicri<;s in Hrjiiiiif^'s Son niul tli« adjacoiit ci)nst-i. 'I'lio procroilinus of tlio I'liiti'd States' cnii/.ois in (Ji>i/.iiip iiiul ticnuostraliiif^ — and, ill soMU' casi's, coniiscatiiif; — tlio vessel)* iind carf;()es of Hrilish siiltjccts en(;ai;ed in ri.slu-iics on the o|H'ii sea, have euuseil--as, no th)iii)t, your Lordship is too will aware exeessivc and |>rolont;ed irritation amongst our (ellDW-eiti/eiis of tlio Canadian Dominion, as it woulil appear that thnse in eoinniand of Her Majesty's vessels on the Paeille Coast tec! themselves, for some reason, uiiahle to cheek the hij^li-lianded proceedings of tlic Uiiitwi States' erni/ers ; wMii" those measures of redress, lonj^ sineo demanded hy ller Majesty's Goverimient, and ostensihly eoneedeil hy the United States' (lovornment, (lo not appear to have ever heeii carried out. or eouipeiisation made to the victims of admittedly lawless 8ci/.uies. Our Commiltee are i.ioro free ir uddressinj^ your Lordship on tliis siihjeef, inasnuuli as tlie I lineiples of iiiteniational law involved in these transactions, and tlio violatinii of cstahlished liei;ul;»tions alleetiiii; the freedom of the seas, hotli seem so U!;ht afresh to tin; sirions attention tif the I'nitetl States' Ciovernmcnt to insure ascttlomenl of tiio (pic.-.liiiiis at issue and 1 lie feiiuinatioii of a i.ravc occasion for irritntion and complaint on the pari, of Ilcr Majesty's Canadian suhji'ets. In venturinu; thu< to press tiiis international (juestion on Iho attention of ller Majesty's (Joverniiient, our Committoe take leave to refer to your Lordship's despiiteli of tiie lOili Septeniher, 1S?7, iu which the whole history of the ease is clearly recapiliilatal, and the juilieial principles concerned arc cogently indicated. Our Committee trust that now that puhlio attention has heen aj^ain drawn to this cause ot piolon^zeil liietion. llio arguments in the uhove-named valuahK; State paper will he again placed hefoic tiie authorities of the United States, and feel persuaded that an nniieable settlement may now he speedily sought for imd attained. Wo have, &c. (Signed) W. RLVllTIN WOOD, Vice-Chtiirmun. J. FRKDK. GKliliN, Secretary. N«. '.'.M. Thi MiiiifiiiK iif Solistiurij In Sir ,!. l'iiiiiinl'uli\~(Siili.Hiiiirf ti-lnjriiiihnt.) Sir, I'lirriijn (i//iir, Dnrrnhn 7, IH*-!). I II.W 11 lii'i'li iiil.iiiKul (hill II lrlii;iiiiii has hccil nciiviil hv Ml ■ Sccirliny uf Miito liir till' ('i>hiiii«'H Iruiii liif (i viMiii>r-(ifiiri'iil ol ( 'iiiiaihi, ii-|initin!{ thai. Iiis ('oiiiicil h .vo ,.\|ii(>.siil ihi' (iilhiAiim vii'sv ill iTjj.iiil III ifi)|Haiiiin ni'irnliiitiiiiiH with Ihc; Unitrl S) itiV (](ivrriiini'iit on llir siihircl. ol' the lt('hi'iiii('M Sra kcuI fishery, It is hrhl liy Ihr (iiivi iiiinctil o( Ciiiiaila, on oviilcnii- which lliry ilrciii HiiHieiciil, Ihut no nil iliiiWf r\is|4 III tlic I'NtiTiiiinntiiiii ol thr kciiI (ishi ly in l^i'hniiK'M Scii, They llicrct'in' contend thai, if t'-c Unitcil Slates' (iovernnieiit me not ol' Mint opinion, that (iovciiiiiient Hhnnlil iiialu' the |iro|MmalH wliieli they eonsiiler iieeessary lor the |irol('c:ti(m (if till- s|iirieH. If, however. Mio lenewal of iiei;olialions is roiiHidered e\|iidient liy Her Majcsly'H Ciivrnnii'iit, Canaila will iinree to llial eoiirsi- on tli«! loilowiii;; cimdilions : — I. 'That (lie Uniliii Slates' (•iiveiniiieMt HJiail first alianiloii any elaini to regard i\w Hcliiinn's Sea as a f«ri;r f/i/iiM/m, and that any exist ini,' legislation in the United HlateK, aIiIcIi wiiiiid Hceni to sn|i|iort that <'laiin, shall Ik; either amended or i'e|iealed. 'J. That there sliall he a direet lle|ireseiilative of Canada on llu! I(iiti%h OoininiHHion iiiliirteil witii the iieKoli.ilioiiH, in the sanii; manner m at tlio neKotialions Cor the Treaty iif \Vasiiin:T;toii in IH7I, the l''iHheiie» (.'oininissioii under that Treiity, and tlii'ilain and ('iniada, without Itiisnia, shall conduct any ne;r()iiatioim lor riini|Mnsafion li-r losses to llritish snhjecls arisin;; out of the aelioii of the United Sillies' authorities. 1 have to leiu'est yon to inrorin me whether you consider that thew! propoKals will furnish the ImscH of possihhr iie{u;otiation, I am, &c. (SiKiiud) SALISIUJllY. n ll 1 m II ii No. 'i.yi. Sir J. Vitunvcjitiv In thv Murnuis nf Halishnnj. — {Rrcnv)-d hi/ li:lrtjriiph, l)rri;ml)Pr 10.) .\!y lord, Wimhinijlon, Dncnmbnr 12, 1>8J). 1^I^IKDIATI^I,^ on the receipt of your IjOidsliip's tclcmam of the 7tli instant, (uiiliiinin<; certain pioposals of the IJoininion Goveintncnt in relation to the Hchring'H Scu (|iii'sliiin, and in»lrnctin;i; me to report whether, in my opinion, those pro;)osalH fiirnislied a liasi'^ of poBsihIc negotiation, I obtained an interview with Mr. liiaine, and I sounded him on the sulijcct ot Canada heiiif; directly reprchcnted in any diplomatic nc!j;oliatiinis which iiiiglit he renewed for the Kctllement of the controversy. Mr. Uhine at onc! expressed his alisoliitc ohjection to such a course, lie said the question was one between Great Britain iind the United States, and that his G ,vernmcnt would certainly refuse to negotiate with the Imperial and Dominion (iovcrnmcnts jointly, or with (ircat Hrilain, with the cimditiun that the conclusions arrived iit should be subject to the ap])roval of Canada. 1 (lid not touch on the other proposals, lor the follow ini;; reasons. As regards the abandonment of the mure cluunum claim, no such claim haviiii; been officially asserted by the United States' Government, they would natuiaiiy object to witlulrav/ it; and as regards the suggested amendment of their legislation, such n proposal I would gravely embitter the controversy, and is hardly necessary, as 1 conceive that there is nothing in the terms of such legislation, if correctly interpreted, with due regard to international law, which supports the mare clausum claim. Lastly, it has never been suggested that Russia should intervene in the question of I compensation, but on that question also the United States' Government will insist on I negotiating with Great Britain alone. Si r J a(i6 III my opinion, therefore, tlio proposals of the Dominion (Jovcrnmont do not riiriii,||;, baaii of pLSsiblc negotiation. I have, &(!. (Signed) JULIAN I'AUNCKI'OTK No. 253. Colofiiiil Ojfice in Foreign Offirr. — {Received J^ccember 10.) Sir, Downinij Street, Deccmher H>, |Hitions on tiie Ibllowlii;; eoiulitions: — •' («.) That the IJnitetl States i-'iaiuhju its claim to consider IJehriiij^'s .Sea as a ninre iitttu>uin, and repeal all lci;islation seemint; to support that claim. "(A.) 'lliat as in the rases of the VVashinHton Treaty U 71, the Fishery Commission under that Treaty and the Washinj,'ton Treaty 1^88, Canada shall have direct representation Ion the British Commission, " (e.) 'I'he approval of Canada to any conclusions arrived at »hall be necessary. " (f/.) Russia to be excluded from the negotiations in reference t o compensation and I jcizures." I have, &c. (Signed) STANLFA" OF PRESTON. No. 2.'j4. Forclyn Office to Internnlional Arhilration and Pence Association. |(Itntlemen, Foreign Office, December 11, 1880. 1 AM directed by the Marquis of Salisbury to acknowledge the receipt of your letter loftlie 0th instant, in which, on behalf of the Committee of the International Arbitration land Peace Association, you call attention to the question of the seal fisheries in Behring's hea. I am to state, in reply, for the information of your Committee, that this matter is I receiving the earnest attention of Her Majesty's Government. I am, &c. (Signed) P. CURRIE. M 368 No. 255. Colonial Office tc Foreign Office. — {Receieed December 12.) * n.irnt Downing Street, December 12, 1S8D vylfH reference to the letter from this De|)artincnt of the 24th October. r(Iutin"to the seizure, by the United States' authorities in Behring's Sea, of the Britisli sciiooners "Juanita" and " Pathfinder," I am directed by Lord Knufsford to transmit to you, tolx; laid before the Marquis of Salisbury, for such" action as his Lordsiiip mav think proper copies of two despatches from the Deputy Governor of Canada, forwarding claiins foj compensation for loss sustained by reasoa of such seizures. I am, &c. (Signed) JOHN BRAMSTOX. Inclosure 1 in No. 2.')i). Deputy Governor Ritchie to Lord Knufsford. My Lord, Ottawa, November U, 18f)9. WITH reference to my despatch of the 21st ultimo, dealing with the seizure of the British schooner " Juanita " in Behring's Sea, I have the honour to transmit herewith a copy of an approved Report of a Committee of the Privy Council, submittin;; the claim to compensation advanced by the owners of that vessel against the United .'States' Government for loss incurred by reason of her seizure. I have, &c. (Signed) W. J. RITCHIE. Inclosure 2 in No. 255. Report of a Committee of the Honourable the Piivif Cnuticil, approved by his Excrllvnc^ the Governor'General in Council on the Qth November, 1889. ON a Report, dated the 4th November, 1889, from the Minister of Mariiie and Fislieries, submittiiijr, in connection with the seizure in the Behring's Sea of the l)ntisli schooner "Juanita," the circumstance's attending which were detailed in a Minute of Council date 1 the 1-llh September, 1889, formal statements and claim to comi)ensatioii for loss incurred by reason of the seizure of said vessel, and tlic transfer of tlie Unitcii States' Revenue cutter "Richard Rush" of her cargo of sealskins and twelve spt-ai's, as well as the estimated balance of sealskins to complete the vessel's catcli had she not been interfered with in the legitimate pursuit of her calling, which, with incidental expense;, aggregate 14,095 dollars, The Minister observes that the claim is advanced by Mr. Richanl Hall, of Hall, Gocpcl, and Co., of Victoria, British Columbia, part owners and business inanaj^crs, mkI by Mr. Charles E. Clarke, part owner and uiaster of the vessel in <|Ucstion ; ami he recommends that this claim be forwarded through the proper chai.nel to Her Ma jt sty's Government, for transmission to the Government of the United States. The Commiltte advise that your ''Excellency be moved to forwaid copies hereof to the Right Honourable the Secretary of State for the Colonies for transniissi;':: to the (iovcrn- meiit of the United States, as recommended by the Minister of .Vlaiinu and Fisheries. All which is respectfully submitted for your Excellency's approval. (Signed) JOHN J. McGEE, Clerk, Privy Council, 369 IiicIoHorc 3 in Ho. 23S. Affidavit of Charles E. Clarke. Citv of Victoria, Province of British Columbia, .., Dominion of Canada. I. CHARLES E. CLARKE, of the. city of Victoria, in the Province of British Columbia, Dominion of Canada, master mariner, do solemnly and sincei-ely declare as follows :— 1. I am the duly registered owner of sixteen sixty-fourths of the Biitish vessel "Juanita," schooner-rijiged, ol the port of Victoriii aforesaid, the other owners ot said vessel being Richard Hall, merchant, Wdliain J. Gocpil, merchant, hotii of the said city of Victoria, and Hans Hclgeson, of the same place, tishennan, each owning an equal number of shares in said vessel. 2. On the 7ih day of May, a.u. 1889, I cleared the said "Juanita" at the Custom- house at tlic said j)ort of Victoria for a scaling and hunting voyajie in the North P.icitic Ocean and Behriiig's Sea. On tlie said voyage I was master of said vessel, and had a sailing crew of four men. The "Juanita" sailed from the port of Victoria on the ^tii ^[ay last, and was equipped and provisioned for a full season's voyage and purposes above mentioned. 3. On tiio west coast of Vancouver Island I tool< on hoard fourteen Indian hunters, and then sailed noitliward. 4. On the 2nd day of July last the "Juanita" entered Dehring's Sea through the Ounimuk Pass. 5. Eiirly in the morning of the 31st July last the United States' Revenue cutter "Richard Rush" steamed up to tiie "Juanita" and demanded that I heave my vessel to. I (lid so, and was at once boarded by three officers from tlie " Hush." Theollicer in charge asked me if I had any sealskins on board, and asked me if I had taken any seal in Behriiig's Sea. I told him 1 had come into the sea on ti'.c 2n(l Jidv, and had about GOO skins on board. He then reported to the Captain of the " Rush," informing me that he would have to seize my vessel and her cargo. 6. The Captain of the " Rush " ordered the sealskins to be taken from the "Juanita" and put on hoard ihe "Rush," which was al once done, the number taken being 600. A ',xcelU'iicii the ■ deniund was made by the boarding officer for my ship's papers, and all guns, ammunition, and spears on board. He obtained tiic slifp's papers and spears (twelve in number), wliich were taken on board the " Rush." V. Hereto annexed, marked "A," is a copy of the certificate of seizure given to me by ihe officer from the said steamer "Richard Hush," who also instructed me to proceed to Sitka, in the territory of Alaska, and to deliver a sealed letter which he then handed me to the United States' District Attorney of that place. 8. Being unable to continue scaling and hunting, 1 sailed out of Bebriug's Sea, and arrived at Victoria aforesaid on the 30tli day uf August last. 9. On my arrival at Victoria I handed the said sealed letter to the Collector of Customs. 10. [lad the "Juanita" not been seized, and her hunting implements taken away, 1 verily believe that the said "Juanita" would have made a total catch in Behring's Sea the full season of j889 of not less than 1,800 sealskins. Declared at the citv of N'ictoria, British Columbia, by the said Charles E. Ciarie said oinier* as I am informed by Captain Clarke, and do believe, twelve spears, the value of wliicli w.i.-j 3 dollars each, and the ship's papers. 8. The said firm of Hall, Goepel, and Co., claims damages against the Government oil the United States of America for such taking and detention of sealskins, spears, and ship's papers, based upon the value of the skins actually taken, and for 1,178 skins, the b:iianoe| of an estimated catch of 1,800 sealskins by the said schooner for full season of 1889 iiiT Behring's Sea ; also for the value of the said spears, and (or the cost of obtaining a iiewi set of ship's papers from the Government of Canada, and for legal and other expenses iii| connection with the preparation and submission of this claim. n. That hereto annexed, marked "IJ," is a statement in detail of such claim. 10, That upon the sailing of the said schooner in May last, advances were made td the hunters based upon a full season's catch, and said hunters will, upon payment of suclj claim, be entitled to and will receive their share thereof. 1, 1889. 'uanita," of tioii 1956, Murine. of Chalks ih Columbia, solemnly and two shares ol jsaid, and arc and huntin: taken, as 1 age, 652 seal- us Ironi said said thirty- am informed )out the 31st Commaiiiler lor about the arrived after lid 31st .luly It least 1,801) the officer^ ulj said oirKer-,! I of which wail lovcrnineiit oil Irs, and sliip'>| Is, the h'.iiancel m of IHHDiil Itaining a nwi Ir expenses ill I claim, ■were made \i Iroent of suclj en And f, Richard Mull, make this solemn declaration, conscientiously believing the same to be true, and by virtue of the Act respectinj? K\tra-Judicial Oaths, Declared by tlie said Richard Hall at tiie city of Victoria, British Columbia, the l-lth day of October, a.d. 1889. ,>, ,. , (Signed) RICHARD HALL. Before me, (Siained) A. L. Bklyka, ' • 'in A Notarji Public by Royal authority in and for the Province of British • ' ■ Columbia, re.sidiny and prartisiny at Victoria aforesaid. Inclosure in No. 2')'), (B.) I)ei'.viu:d Statement of Claim by Owners of British Schooner " .luanita " against the Government of the United States of America. 620 scnlbkins tiiKcn from "Jiiniiitii'' in ISeliriii<;'» Sea by United States' Rti'iiiner "llicliard Rusli," lit 8 dollars per skill .. .. 1,178 seiil>kins, liidanee of an estimalcd catch of 1,S00 sealskins by the "Juanita" for the full season of 1889 in Behtiiig's Sea, at 8 dollais per skin .. .. 1 2 H[)cars, at 3 dollars . , Cost of obtaining new ship's p:ipers ., .. Legal and other expenses incidental to the seizure , . Dols. c. 4,9(i0 00 U.l'il 00 30 00 25 00 230 00 i'otal (Signed) .. 14,695 00 RICHARD HALL. This is the exhibit (B) referred to in the i.c'^laration of Richard Hall hereto annexed, niafle before me the l-lth day of October, 1889. (Signed) A. L. Belyea, Notary Public. Inclosure 7 in No. 256. ' Deputy Governor Ritchie to Lord Knutsford. My Lord, Ottawa, Nonember 15, 1889. WITH reterence to my deapatcli of the 23rd September last, relating to the seizure in Behrinfj's Sea of the British schooner " Pathfinder " by the United States' Revenue cutter " Rush," I have tlie honour to forward herewith a copy of an approved Minute of the Privy Council sul)mitting the claim to compensation of the managing owner of that vessel for the loss sustained by rea;jon of her seizure by the United States' authorities. have, &c. (Signed) W. J. RITCHIE. Inclosure 8 in No. 265. Report of a Committee of the Honourable the Priry Council, approved by his Excellency the Governor-General in Council on the 9th November, 1889. ON a Report dated the 5th November, 1889, from the Minister of Marine and Fisheries, submitting; in connection with the seizure in Behring's Sea of the British I sciiooner " Pathfinder," the circumstances attending whicii were detailed in a Minute of I Council dated the 14th September, 1889, formal statement id claim to compensation for i incurred by roasou of the seizure of the vessel and the transfer of her cargo to the I United States' Revenue cutter " Richard Rush," as well as the estimated balance of seal- Uins to complete the vessel's catch, had she not been interfered with in the legitimate pursuit of her calling, aggregating 2(i,TG6 dollars. .^^ ,,,^, ■,;; .-."^vt ii [128] ■ ' " ;i B -J ■ 3?2 The Miiiister observes Ihiit the chiiin is udviniced hy Mr. Willinm Muns'e, of the firm ot" Caine niul Mimsic, of Victoriii, inannginj; owner ot the vessel in (piestion, and he reronimends Ihiit this chiiin be forwarded through tiic proper elmnncl to Mer Majcbty't Governnunt for transinission to tiie (jovernniciit of tiie IJiiited States. The Coinniittee advise tliat your Kxcriloiify be niove;ke the " Pathfinder " to Port of Sitka, in th Territory of Alaska. 7. At the time of such seizure the sealing season in Behring's Sen was less than lialf gone, and I verily believe that had the '• Pathfinder" •'^mained unmolested in Hehring's Sea until the close of the season she would have cauj,(u not less than 2,100 sealskins. I \ have this on information given me by the said Captain O'Leary and by Captain Baker, of the schooner " Viva," also owned by us and managed by myself, who was in the Bihriiijj's Seu the whole season of 18S9. The hunting eciuipment of the said tv^o schooners Has about ecpial. A few days before the " Pathfinder" was seized as aforesaid, she was spoken hy the I "Viva." At that time the " Pathfinder" had 419 seal.skins on board, and the '« Viva " 420. The " Viva " cau-^ht in the full season in Behring's Sea 2,182 sealskins, and for the | year a total of 3,641 skins. 8. In the year 1888, and this year 1889, the said firm of Carne and Munsie shipped I their sealskins to London on their' own account, and hereto annexed, marked (B), is a I copy of the account sales of p rt of the catch of the " Pathfinder " for the year 1888 ; and I hereto annexed, marked (C), is a copy of the account-sales of the said *' Pathfinder's"! catch of seals in the spring of 1889, before going north. The sealskins per first account I sales (1888) netted the said firm at Victoria, British Columbia, about 12 doh 25 c. perl skin, and, per the second account sales, they netted the said firm about 10 del. 30 c. perl on was mate. 37a ikin at Victoria, Uritisii Columbia. The cutrh of 1881) was a spring catdi, which always contains a larger percentage of small skins than the summer and full catches, and hence realize less per skin on an even market. 9. I, for myself, the said Frederic Carne, Junior, and for the said firm of Came and Munsie, cliiim damages aituinst the Government of the United States of America for the seizure of the said " I'athfinder," and for the taking and detention of the suid 8o4 scuU skins, and for 1,^46, the balance of the estiiuated catch of 2,100 in Bchnng's Sea for a full season ; also for the guns, rifles, ammunition, salt, and 6\\\\t's papers seized as a."ore- gaid ; and for legal and other expenses incidental to, and arising out of, such seizure, and the preparation and submission of this claim therefor, and interest thereon at 7 per cent, per annum. 10. Hereto annexed, marked (A), is a Statement in detail of such claim. 11. 1 am in constant coininunicatiou with n)y agents in London, England, and from information I have received from such agents, I verily believe tliat the price of summer and full catches of sealskins from Noith Pacific Ocean and Behring's Sea for 1889 will be fully up to the price obtained for the " Putlifinder's " catch, sold as per account-sales (B), hereto annexed, namely, 12 dol. 2*)c. per skin n(!t, at Victoria, British Columbia.' VJ. That 1 have paid. in lull the crew and hunters of the " Pathfinder " for the season of 1889, including the sums due to them in respect of the Stii, sealskins seized as aforesaid. And I, William Munsie, make this solonm declaiistion, conscientiously believing the same to be true, and by virtue of the Act respecting Extra-.ludicial Oaths, i Declared by the said William Munsie, at Victoria, the 18th day of October, a.d. 1889, before me. (Signed) WILLIAM MUNSIE. (Signed) AiiTiiUK L. Belyea, A Notary Public Inj Royal authority in and for the Province of British CohanLia, residing and practising at Victoria, British Columbia. Inclosurc 10 in 'So. 255. (A.) Statement of claim by owners [of schooner " Pathfinder " against the Government of the United States of America, for seizure in Belli iiig's Sea on the 29th July, 1889. 864 fc'lll^kin9 (seia d). 1,240 tliiiis, Imliiiioe ot estimated cntcli l)y " Pathfimlcr" fjr full season 1889 in . l)cliriiij''» Si'ii, 2,100 Rkiiis, at 12 dol. 25 c each ., .. 8 shiit-^uii.1, at 2o diilliirs each .. .. .. .. .. 4 rifles, nt 2^) dcilliirs cneh .. .. .. .. .. 6 lioxcs uinmuiiitioii, at »ay ,. .. .. .. .. cult .. •• .. ,a .. '•■ .. .. Cuht or (ibtuiiiiii^ new ship's jiapers .. .. .. .. Legal and otiier expciisis ari^illg out of, and incidental to, such seizure .. Total .. .. .. .. ,. .. Dol. e. 25,7'25 00 440 00 100 00 200 00 25 00 25 00 250 00 20,765 00 And interest thereon at 7 per cent, per annum until paid. (Signed) WILLIAM MUNSIE. This is the Statement of claim referred to in the declaration of VViliiam Munsie, as marked (A), hereunto annexed, and made the 18th day of October, 1889. Before me, (Signed) A. L. Belyea^ Notary Public. ii»| ;;- ,.• ( '/ 1 • !_ m\ m :; w li ' Uniled Stales' Rerenue Sleamer " Rimh," Lat. r)"" 24' A'., Sir, Lpikj. 171" 55' W., nelirim/s Srii, July -JO, 188U. You are lii'rrl)y appointed a spi'cial olHcer, and are directed to proeecd on boiird the scliooncr " I'atlifiiidor," of Victoria, Kriti»
  • . oncll 2 Miinll ditto, at 31>. vai'h ., £ t. ,/. Ui7 10 (1 L!07 13 n 192 H 213 8 47 r. (1 H 4 3 2 1) 380 Discount 2^ \)vr cent. June 24 — l.aiidiuj; elinrge?, telegrams, Ac. . . . lIou)iiiig and striking, 380 at 3.«. Oil. per 100 Piling iiwuy to sorter, 380, nt Is. lO^il. \nr 100 Weighing i'or avcrngc, 100, at Ms. C>d. per 100 Ocs-ing for nssortuient, 380, iit 2.?. (!((., per 120 Counting nt delivery. 380, nt lit y*/. per 120 Kent on 380, nt p'. 120 wk., 14 wks. Showing for public sale, lotting, ie. .. Allowance, 20 jwr cent, on X2 18s. iil. ., Assorting for snle, 380, at 5s. 2^(/. per 100 . . I'uhlie mlc clinrgi's, ndvertis-iug, &e., (> lots, at 3.t. Gd. Fire iiisuriincc. | per cent. • . . . . . . Commission, 2^ per cent. . , . , . , 897 10 • • • . 22 8 9 875 I ;i £ s. Tliis is tlu! oxiiibit iniirkcd " C " referred to in tl>c decluration of William Munsie, made iicfore luc; tlio !8th day of October, I8H9. . .. (Signed) A. L. BKiiVKA, Notary Public. Per " Pathfinder." 1.01. I. 2. :). 4. 6. 6. 7. «. !». I'. 10 onnkn halted fiir-aciil Hkint. lit Miiiiill fiir-HC'iil NkiiiN, lit 4'Jt. rncli 110 liiritr liilp" (litlo. nt TiH.*. I'lirh ,. 107 iiiicl(lliii|{ ilitlc), nt .'iHf. (>n<.-li .. AO iiiinll (lilti), lit !'>\t. rncli .. !l "I'X." ilitti), at 27». ciicli 2 nii(lilliii); ditto, lit 27«. rncli HI liir){(' pii]is iliito, nt f>2.f. rni-li .. H2 lnr){<' |iii|i4 ditto, nt I'l^x. cncli . . 71 iiiiildl'i^ ditto, at S'J.«. rnch ni tiiiall liilto, lit l.'lt. cnitli ,, £ t. rf. 31 17 ni!) :iio C l.^O 9 12 3 (1 t) 11 210 12 217 G 1«1 12 (w; l.'l SCA Diacouiit 2^ p'jr cent. A'mftnlitr 1 — IinndiiiK clini'^os, trli');ramH, &p. ., .. . HiiUHiiiK mill Htrikin^, .'>(!.'>, nt !!«. 'Jil. jin' 100 I'iliii-; awny to (.orttT, ')(i!'>, nt l.». \i)hl. \trr 101) '\Wii{liini; tor nvoiajfc, 150, at 2.v. fiif piT 100 ('(■Hsiii); liir niSDitnieiil, h(>5, at 2j<. M, per 120 . Counting; at dclivrry, •')l!5, at \.i. •\il. iicr 100 Kent 1)11 .')>'■'), at fi p. 120 p. wk., f> wk». Miowiii^ I'm' piildir Halo, lotting, ike. .. .Mlownnpr, 20 jirr cent, on £l 1«. KW. . Assiutiiij; liir fiilc, .ICwJ, nt .^.v. 2i(/. per 100.. . Piihlii' side cliargc'i, advcitisiii^, Ike, !) lots, nt 3». Crf. For iiifiuiMiirc . . .. .. •• Cumini-.Nioii, .0 jK'i' cent. .. .. ,. . l.SO.'i If 37 13 10 1,407 19 f >. ,1. 17 1 1 2 10 3 9 U 9 5 11 11 9 16 11 4 18 10 10 4 4 2 (! 1 9 4 1 11 C 1 17 R 7.'> c S — 84 f) « 1,383 12 f) December 4, 1888. (Signed) WILLIAM MUNSIK. Tiiis is tiic exhibit marked " B " referred to in the declaration of William Munsie, made before mc the 18th day of October, 188S). (Signed) A. L. Bklyea, Notary Public. Messrs. Cnrno and Munsie, We have this day sold for your account at public auction the undermentioned goodj; ill conformity with the sale conditions. Prompt, the 4th December, 1888. Discount, 2^ per cent. Ex " Pathfinder." P. 10 caskK. Lot. 1. 2. 3. 4. S. «!. 7. K. 9. 13 small .saltod I'ui-seal skius, nt 1 10 laii;c' .)iip'< ditto ,, 107 inidillin}! ditto.. ., •59 small ditto . . . . 9 ex f^mall ditto . . .. 2 middling . . .. 81 hir^c pups ditto ,, 82 ditto, ditto . . . . 71 middling; ditto ,, .. 29 unall ditto .. .. 2 ditto, ditto •. ,, 49s. 5bs. 58«. 51». 27s. 21 s. r,2s. 52t. 52». 43i. 43(, cacli. I -S1 f! ;.l! .li: m. m m 376 Ex "Viva." V. 33 rnnki. L«t. 10. 3 wi^K fiir-ornl nkiii!*, lit 10 mi-lclliiiK tlilto.. I!. 47 Kiiiiill 13,13. 3(10 Inruo pupi) ditto 14,17. 373 (littn, ililto IH, 31. 4)10 niuMliiiir ditto, ditto :il. Un px Mini) ditto . . 33, 30 liirijr ditto 3.1. 30 niidilliiiir ditto 34, 10 niiiiill ditto 35, 10 grey ditto 47. SI. lU'/ii/ /i.rr. Totnl. 0,580/. 12#. 4r/. 70#. rnoh in: AHi. ft.1i. fiflii. Alt. r,!ii. sn*. 46<. 47f, II 4n». It 33.1. 11 4»i. 4I(. 331. 13i. (SignctH CULVKRWKLL, BROOKS, and Co. Cur,VKUwi;iiT,, Mu();)k.s, and Co. 27, SI. Marij Avr, London, February 2, 1^89. livsult of Sales of Salted Far-Seal Skins, i7,i;i;i Nortli-wi'Rf rii,i>t 7 „■ , in il,.ii(> I.nlMis Ulaiitl ) Tlicro wns again a i^ood diMimiul ('or tliis iinportaiil iirticli' at the sales licid on the 1st instant, and .-dl cla>isfs sold tvaddy at tlio advanced prices cstahii^lu'd al the Novfiiilur auctions. The f>kins wcrr cliirlly i)tnciiast>d l)y liic linj^lish, Freiicii, and American buyers. There is every indication of prices 'i?inj; maintained. PuicES. Mid(lliii>;.s and niimll.s SmnllN l,ar(;c pups ., Miiiolii'fj; ditto SiMiill ditto ,, Kx ciiiull ditto K\. ix. small ditto Norll l-\V08t Cont. t. S. 30 olO 39 46 30 5.1 2.5 65 •.>2 41 19 38 15 34 I.oVo< Is luiidn. 9, «. 2lVo41 39 30 27 33 19 30 16 31 With Culverwcll, Brooks, and Co.'s compliments. Messrs. Came and Munsie. m CuLVERWiiLi,, Brooks, and Co. 27, St. Mary Axe, London, November J), 1888. Special Resalt of Sales of Salted 7ur-Seal Skins, November 9, 1888. 100,000 AInska .. .. ) 9,003 Nortli-«e>t Cuost '• offered and sold. 14,333 Lobos Mand . . ) There was a large attendpnco of bnyers at these sales, and throughout active cnttipetition prevailed, and on all classes t^n impqilant advance was established. In liie Alaska collection -the smaller sizes realued relutivcly tJie highest prices. We tjuote 377 niiil(ll') pur cent. t(j H per cent. Iiiglu-r. The 9,00.1 Nortli-wcKt. (/'oust contiiincd one fine piircfl wliicli nMlizcil extremo rates, and on other parcels an average advance ol' 20 per cent, to .')() ptrr cent was established. The I •),<').'{.') fx)l)OK, Islands skins contained one good parcel of 2,000 Hkins, which rcniized 40 per cent higher rates. The other assortments were not of a dusiruhlo description, hut 20 per (;ent. higher rates were paid. The lew Alaska skins dressed ir. their natural state hy a well-known ICnglish Arm, sold as follows : — Middlinf.M and smalls, MiOs. each; small, I1S«., 119.v. ; large pups, O.3.I., 0I». ; iiiiddiirig |)nps, 7H,v. ; small pups, (l(i»., 07m. ; extra small pups, t'i.'iv. each. These prices include the cost of dressing. PllICEH. AliiHkn. Nortli-wciil C«-nst. I \ 27 (1 at) SmnllH (IH 110 L'!» 51 / I.iiruc piipH 02 <)2 20 M 24 ;t7 MidilliiiK ditto .. .. .. fiU HI 21 51 21 (» 37 II Siiuill ditto 42 00 lU .'i!) 12 al ICx. Niiiull ditto fit) OU M 2U H 1) 21) U Kx. ex. finiidl ditto . . , .. • • 11 20 Qicy ditto.. .. .. i) 20 1 li 8 With Culverwell, Mrooks, and Go's coinpliincnts. To Messrs. Carne and Munsie, Odd Fellows' Buildings, Douglas Street, Victoria, liritish Columbia. No. 260. Colonial Office to Foreign Office. — (Received December l-'i.) Sir, Downing Street, December 13, 1889. I AM directed hy Lord Knutsford to transmit to you, for the information of the Martjuis of Salisbury, a copy of a telegram which he has addressed to the Governor- General of Canada lespectiiig the proposed negotiations at Washington on the subject of a close time for seals in Behring's Sea. I am, &c. (Signed) JOHN BRAMSTON. Inclosure in No. 256. Lord Knutujtrd to Lord Stanley of Preston. i (Telegraph. c.) Downing Street, December 11, 1889, 9 p.m. IN r'-ply to your telegram of fith instant. Sir J. Fauncetote telegraphs: Mr. Blaine Says that his Government have never I asserted mure claumim doctrine, and will make no disclaimer, but that the question will be disposed of by international agreement for close time. United Stales' Government do not agree to Canadian representation in negotiation I as to close time. Proceedings would not be in the form of a Commission, but a Diplo- jmatic Conference. British Minister would be advised by Canadian Assistant; and as onclusions would not be binding unless accepted by Governments, it would seem unnecessary to press for direct representation of Canada. Russia would not intervene in negotiations as to compensation to British subjects. i 11 H Hil m 1 i.i [128] 3 C \. 378 '• ' No. 257. Colonial Office to Foreign Office, — {Received December 14.) > Sir, Downing Street, December 14, l.^H9, WITH reference to the letter from this Department of llic 13tli instant, inclosin;; copy ot'n telegram which had been addressed to the Governor-General of Canada, relatiiii: to the |)roposcd negotiations at Washington on the subject of the establishment of a close time for seals in the Behring's Se.i, I am directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a ropy of a telegram received from the Governor-General, in rqily, communicating the views of his Government on points connected with this matter. I am, &c. (Signed) JOHN BRAMSTD.N. Inclosure in No. 257. Lord Stanley of Preston to Lord Knutsford. (Telegraphic.) {Receired December 14, 1889.) SUBSTANCE of Resolutions passed at meeting of Council yestcrdiiy : — Mare rtaiisum doctrine has been asserted by United States of America, by instniitiiii; its oftieers to seize vessels in mid-ocean, by setting up that doctrine in the Courts, bv obtaining condemnation of ships on that doctrine, and by selling the property of Canadiaih under such eondenmation. Canada e.xpects British Government not to conclude arrange- ment unless Behring's Sea declared in it to be free. She adheres to opinion that ngrcciiRnt as to close season and preservation of seals should be subject to her approval as one of the parties chiefly interested in the question. Aj;reement as to close season should be terminable by each of the Parties to the Treaty. Canada fails to undcrstanci objection of the United States of America to a Canadian being direct Representative of Her Majesty's Government ; but to avoid delay will defer witl.out further protest to course decided on by Her Majesty's Government. V.'- No. 258. Colonial Office to Foreign Office. — {Received December 16.) Sir, Downing Street, December 16, 1889. I AM directed by the Secretary of State for the Colonies to request that you will inform the Marquis of Salisbury, with reference to the telegram from Lord Stanley of Preston on the proposal to resume negotiations respecting the Behring's Sea (a copy oi which was transmitted to you in my letter of the 14th instant), that his Lordshij), after conferring with Sir (/harles Tupper, is of opinion that the concurrence of the Canadiun Government in that proposal is now sufficiently complete, and that Her Majesty's Minister at Washington may be instructed to make a lormal communication to the United States' Government on the subject. Lord Knutsford observes with satisfaction that the Dominion Government, although strongly impressed with the necessity arising out of the acts which it recapitulates in the first sentence of the telegram under consideration of concluding no arrangement 7\hicii does not either comprise or rest upon a definitive assurance as to the freedom ol the Behring's Sea, is now willing to waive the requirement that a declaration by the United States' Government to that effect shall precede the resumption of the negotiations, and to leave for future con.sideration at what time and in what manner this assurance shall he obtained. On the second point raised in the telegram. Lord Knutsford thinks there can be no (]uestion as to complying in some form or other with the desire of Canada that no rules as to a close season shall be finally adopted unless she concurs in them. As the negotiations between the Representatives of the three Powers will be a diplomatic discussion ail referendum, and as Great Britain has no special interest in the Behring's Sea exc pt on behalf of the Canadian fishery, this country could have no object in assenting to any conclusions unacceptable to the Canadian Government. The tpleuram does not state the reason for which the Dominion Government proposes 379 I, I ?>>*{). , inclosing in, reliitin; of a clnse •aiismit to I from tlic on )U)ints ,ISTON. 4, \m).) ' instvufliii!; Courts, by if Caiia(iiaii> 11 de arraiige- it ngroLMiu'iit 18 one of tlip arties to tlu' inerica to a avoid (Ida; irnment. 16,1880. hat you will Stanley of a (u copy oi irdshij), after he Canadian ty's Minister [nitod Statcj' tnt, although luhites in the enient •Ahich tedom ot the ly the United luons, and to ance shall he le can be no ^t no rules sis negotiations liscussion ml la exc.''i)t on Titing to any lent proposes ; th»t any one party to the Agreement shall have the power of tcrminatini; it, and, on thia point, it will be desirable to consider the text of the Resolutions of the Privy Council when received ; hut l^rd Knutsford apprehemls that, as the Dominion Government considers it demonstrable that no close tune is needed for the preservation of the seals, (t fortiori it holds that any clohc time which may be prescribed in the first instance may ixwsibly. uft*"" trial, be found needlessly injurious to the fishery, and slumld be practically subject' to revision. As the Dominion Government withdraws its stipulation for the direct representation of Canada in the negotiations, it will not be necessary to discuss this point further at the pifscnt time, and Lord Knutsford concludes that simultimoously with the discussion as to the close time, a Commission, comprising a Canadian Representative, but upon which Russia will not be represented, will consider the compensation to he paid in respect of the seizures of liritish vckscIs, and other losses arising out of past interference with them. Lord Knutsford would therefore propose, with Lord Salisbury's concurrence, to reply to this tcUiirain that Her Majesty's CJovernment is glad to find that the Dominion Govern- Mieiit consents to the negotiation in the form proposed, and will consult thiit Government at 1 hi I. . tl ^;J| r 128] 3 C 2 380 No. 261. The Marquis of Salinbur^ to Sir J. Paunce/ole, — {Suhitance telegraphed.) Sir, Foreign Office, December 17, 1889, 1 HAVE to inform you that tlic Secretary of State for the Colonics has hnd under hid consideration, in consultution with Sir ('iinrles Tupper, tiic views of the Ciuiadinn Government, conmuinicnted to you in my despatch of this diiv's date, respecting; the proposed reopening of negotiations with the United States on the t)ehrin<;'s Sea (|uc8tion. Lord Knutsford is of opinion that those views express with auHicient compictrnesH the concurrence of tlic Dominion Government in the buses which would render 8Ucli negotiations possible. Tlu'y are willinu; to abandon their former demand that, before the opening of tl,p negotiations, the United States' Government should nuike n declaration disclaimin^r any pretension to regard the Behring's Sea as a mare clausum. The condition under which Canada is to he consulted before the tinal acecptancu if any rules as to a close season would appear to present no diflictilty, inasmuch as the discussions will be ad referendum. Her Majesty's (lovernmcnt are not yet in possession of the text of the Resolution ol the Canadian Privy Council, recommending that the close-season agreement should be terminable by both parties to the Treaty, but there would seem to be nothing unreasonable in such a stipulation. Although the Canadian demand for a direct representative has been withdrawn, ImA Knutaford is of opinion that a Commission upon which Canada, but not Russia, should be represented, might consider the question of compensation for losses ariiting out ol' tiie action of the United States' authorities at the same time as the discussion on the close- season agreement is being carried on. Lord Knutsford will inform the Governor-General of Canada, by telegraph, that Her Majesty's Government are glad to learn that the Dominion Government consent tu the reopening of negotiations in the form proposed ; that the Dominion Government will be consulted at all stages of the discussion ; and that no agreement as to a close season will be concluded without their approval. Lord Knutsford will, at the same time, suggest that a Can Jian representative should hold himself in readiness to proceed to Washington as soon us you have received your inftructions in regard to the negotiotions. You ore now authorized to make a formal connnunication to the United States' Government in conformity with the instructions contained in this despatch. 1 am, &c. (Signed) SALISBURY. No. 262. Foreign Office to Colonial Office. Sir, Foreign Office, December 17, 1889. IN reply to your letter of the 16th instant, I am directed by the Marquis of Salisbury to transmit herewith, for the information of Lord Knutsford, a copy of the instructions which have been addressed to Her Majesty's Minister at Washington,* dire ting him to make a formal proposal to the Government of the United States for the resumption of I negotiations on the Behring's Sea question. I am at the same time to say that Lord Salisbury concurs in the reply which Lord > Knutsford proposes to return to the telegram from the Governor-General ot Canada, a copy of which accompanied your letter of the 14th instant. J am, c. (Signed) P. CURRIB. * No. 261 801 No. 2tf3. Sir J. Pnuncrfole to the MarnuU of Sal'ubury, — ( Rfceived Decemher 18.) (Telfgrapliic.) W'linhiiKjton, Decembrr IS, 1889. 1 HAVE received your telcgruiii of vo»terdny. It would 1)0 lu that propoHcd coniiminicntion of Colonial Office to Caiiudu ati to her consent to close scoson ngrceincnt l>c deferred. 1 think Mr. Blaine wi'! ai{rec to an arrnni;emcnt for n fixed terui, and ofterwnrds tenninnhle at will of either party ; hut I am Hiire he will not consent to Conunisfion to attscss compensation. I have uugyested t!iat we should a^rec to a lump sum ht'fore tiie negotia- tion, lie is considering the proposal with the President of the LJnite.er reaches nie ? No. '264. The Marquis of Snlishury In Sir J. Ptiuncofote. — (Substnnce telegraphed.) Sir, h'oreiyn OJfire, December 18, 1 889. I HAVE received your telegram of this day's date, respecting the proposed negotiations on the (piestion of the seal fisheries in Behring's Sea. With reference to the recpiest in the Inst paragraph, I have to inform you that you are authori/cd to defer making a formal proposal to the United States' Government until you receive a reply from Mr. Blaine as to the possibility of agreeing upon a lump sum for the compensation of the owners of vessels seized by the United States' authorities. 1 am, &e. (Signed) SALISBURY. ■■ )l No. '26^). Sir J. Pauncefote to the Marquis of Salisbury. — {Received Decemher 23.) My Lord, Washinaton, December 13, 1889. WITH reference to my despatch of the 12tli instant, 1 have the honour to inclose herewith an extract from the Keport of the Secretary of the Treasury for the year 1889 on the subject of the seal islands in Behring's Sea. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure in No. 26ri. Extract from the Report af the Secretary of the Treasury for the year 1889 on the subject of the Seal Islands in Behring's Sea. THE lease now held by the Alaska Commercial Company, of the exclusive right to take fur-seals on the Islands of St. Paul and St. George, in Behring's Sea, expires on the Ist day of May next. By the provisioiis of sections 19G3 to 19(57, Revised Statutes, the Secretary of the Treasury is required to lease to proper and responsible parties, for the best advantage of the United States, having due regard for the interests of the Gover::- nient, the native inhabitants, their comfort, maintenance, and education, the right of taking fu^8eals on the islands named, and of sending vessels thereto for the skins so taken, for the term of twenty years, at an annual rental of not less than 50,000 dollars, and a revenue tax of 2 dollars upon each fur seal-skin taken during the continuance of the lease. These provisions impose a large measure of responsibility upon the Secretary, and the official record of legislative proceedings in the last preceding session of Congress indicates that it I is the will of that body that such discretion should remain as originally provided in the I Statute. The present lessees of the seal islands pay an annual rental of 55,000 dollars and a I combined revenue tax and royalty of 2 dol. C'2^ e. per skin, and an experience of twenty hears has shown the capability of the leasing system, when faithfully administered, to Itespund to th: various public interests concerned. 882 The Pribylov Islands are now the only important sources of supply for merchantable seal-skins. The herd which makes those islands its homo is variously estimated to number from 4,000,000 to 0.000,000 seals, but the Treasury agents on duty at the islands liave Dcgun to note an apparent decrease in the number of seals resorting to the islands in tbe breedinjr season. It is mucli to be desired that any such decrease is but temporal y, for should the Pribylov herd disappear, there is none to replace it. It is estimated that upwards of .'500,000 SL-als were killed by unauthorized sealing-vessels during the bi'cedni;' seasons of 1888 and 1889, and as the great majoritv of these were cows, there wi^ iin almost ccjual loss of pup seals. It is obvious that the herd must soon disappear under such a decimation of its productive mcuibors, even if the habitual use of fire-arms (iiii not tend to drive the seals away from their hium:s in advance of their extermination. The Act (if the 'Jnd March, 1889, confers all the needed aulliority upon the I'Accutivc to protect the seals within the waters of the United States, but an appropriation is necessary to provide elFective means for exercising that autliority. Thcie are not cnou^'h Revenue-cutters at the disposal of the Department to properly police the sealing-grounds during the dense fogs that prevail throughout the breeding season, and the great number of petty vessels engaged in marauding would render it impossible for their cantoisto furnish prize crews to take them all to Sitka for condenuiation. The present state imd ])rospcets of the industry seem to call for ])rompt and energetic measures to preserve the valuable Pribylov herd from destruction or dispersion. It is suggested that a suttitieiu force of cruizing-vcssels should be chartered, equipped, and manned, as auxiliary to such Revenue-vessels as could be spared from stations, and a dep6t for prisoners established at Ounalaska, whence they could be transferred to Sitka, and dealt with according to law It is believed that two or three seasons of energetic effort would break up the present destructive and threatening operations. No. 26(j. Sir ./. Paunrefole to the Marquis of f>alhbury. — (Rrceivrd Drcrinber 27.) (Tclcgrnpliio.) Washington, December 26, ISSi), SEIZURES in llohring's Soa. Secretary of State has been at New York during past week. I rtMunvcd discussion as to compensation this morning, lie stated that he had decided to r(>ply to the protest of Her Maj(>sty's Government of October last, in ordcn* to place on rcenid before tho world the precise grounds on which his Government justify the seiznrosnf our vessels, so that any compensation given may not he construed as an admission nf wrong. He begged me to assure your Lordship that his reply would he sent in a lew days, would not in any way embarrass the negotiations, and T will tohsgraph substance to yotir Tiordship, and suspend further action pending its receipt. No. 267. Sir J, Pauncefote to the Marquis of Salisbury. — (Received January 6, 1S90.) My Lord, Washiiujton, Dccembir :(>, li*?0. 1 HAVE the honour to report that I called on Mr. Hlnine this morning on his return from New York, where he has been during the past week, and renewed the dincussion as to the cpiestion of compensation for the seizures in Rchring's So.-;. In the course of the conversation he inform(?d me that, on furtlier eonsidoration, he had decided to reply to mv protest in order to place on record before the world tho preeise grounds on whicli the United States' Government justify the seizure of tlie Canadian vepscis, so that any compensation which may be granted .'nav not be interpreted as an admission of wrong. lie begged me, at the same time, to assure your Lordshii) tliat the proposed negotiations would not be embarrassed in any way by his reply, and that he would send it in a few days. I will telegraph the substance of his note to your Loi'dsliip as soon as I sliail have received it, and I propose to suspend further action pending its receipt. t have, &c. (Signed) J. PAUNCEFOTE. seaf No. 268. Sir J. Pauncefote to the Marquis of Salisbury. — {Received January 6, 1890.) My Lord, Washington, December 26, 1889. I HAVE the honour to transmit herewith an extract I'roin the " Washington Post," Oil the subject of an advertisement which has just been issued by the Secretary of the Treasury, invitinusinesses) following the occupation or calling ot'a Real Estate and Financial Broker in the city aforesaid, and the duly authorized managing owner of the British sealing-schooner " Triumph," do solennily and sincerely declare as follows: — 1. That said schooner was built in April 1887 in Shelbiirne, Nova Scotia, purchased by myself and others, as per original register, and brought to the port of Victoria by one Daniel McLean, mastei and part owner, for the express purpose of engaging in the business of seal-hunting in the North Pacific Ocean and Behring's Sea, and elsewhere. 2. That said vessel was duly registered at the port of Victoria, British Columbia, by the usual method of transfer of registry, on the 2nd December, 1887, with the port nnnibe; 11, her vcgislered toimage being 87"'>1, and her oflicial number, 90,681. 3. That said vessel arrived at the port of Victoria on or about the 2.')th April, 1888, and alter undergoing usual refit and outfit for her sealing voyage, cleared from the port of Victoria on or about the 5th May, 1888, for Behring's Sea, and prosecuted that branch of the (ieep-sca fisheries known as seal-hunting, in said arm of the North Pacific Ocean, witli a crew composed piincipally of Indian hunters, and returned to Victoria on or about the 12th September of said year with a catch of 2,491 sealskins, and the master reported no interference or umlcstation on the part of the United States' Revenue cruizers. 4. That said catch was sold in the itiarket at Victoria for the price or sum of j 14,2l9(Iol. 7;') c, and after reimbursing all expense of outfit for the hunting period, payment of hunters and crew, yielded a very handsome profit to the owners of said vessel for their season's venture. 5. That the price paid for skins during the season immediately above referred to » 385 «as 6 dollars only in Victoria, thouf^h 75 dol. 2') c. and flf) dol. 50 <•. was obtained at the usual full sales in London, Great Britain. fi. That the registered owners of said vessel at that time were : Ed^ar Crow Baker, 21 shares ; Walter E. Blackett, 21 shares; Daniel McLcnn, 22 shares, participr.ting equally in the profits, and the vessel commanded by s:ime master. 7. That in January of tiu' present year (1880), in order to make the vessel as staunch and seaworthy as it was possible to make a vessel, not then two years old, she was docked in tjraving-dock at Esquimalt, and coppered to 9 f'e t forward and 11 feet a(i, at an expense to the owners of 1,2.'? 4 dol. .50 c., thereby enhancing the value of said vessel from S,'30 dollars to very nearly 9,500 dollars. 8. That the primary object in spaiing no expense to efficiently equip said vessel was that she might "keep the sea" in any weatliei, and prolong her seal-hunting voyage until the latest moment of the season, and return to her homc-jxirt in the following season with a catch in excess of that already (juoted. !l. That the declarant sent said vessel down to Fan Francisco on the 24th Murch of the present year, in order to procure the best white luniters, scaling boats and sealing outfit obtainable, and disbursed for satne and provisions 2,086 dol. 24 c. 10. That said vessel left San Francisco on or about the 12t'i April of the present vear with a cre\/ consisting of master, mate, carpenter, t;uinier, cook and steward, eight hunters, seventeen able and ordinary seamen, and two appniutices, in all thirty-two in numiicr, as per eertitieate of shipping mast -r of said port. 11. That said vessel entered and cleared (Voir Jie |iort of Victoria on the 25th day of April last, and sent by the declarant on a sealing and hunting voyage in the North Pacific Ocean and Behriiig's Sea at u lurtiier cost fo the owners of 2,975 dol. 19 c. for advances to hunters and crew, provisions, sails, eciuipments and apparel, marine insurance, and necessaries. 12. That the total amount of cash at risk in said venture, (Voni commencement of voyage to finish on tiic JSth July, was 15,425 dol. 43 e., irrespective of the lay out or wages of master. 13. That the said schooner entered Behring's Sea on or about the 4tb July, and having previously transhipped her outside, or coast catcii, was hove to on the llth July, and boarded by Lieutenant Tutfle, of the United States' Revenue cutter" Richard Rush" (as pcrsworn-to testimony of the master, made on arriving in Victoria, dated the 8th August) who searched the vessel, examined and returned ship's papers, and ordered the schooner out of Behring's Sea, threatening confiscation of vessel and catcli if caught in the act of killing seals, or with skins on board alter having been earned. 14. That by reason of tlio threats and menaces of the said United States' cutter, the master was prevented from further prosi-euting his legitimate business in said sea, and not wishing to incur the responsibility of threatened capture of his valuable vessel, returned to Vicloiiaon the 28th July, with only sevenfy-two skins on board, and which were on board at the time of search, though undiscovered by the boarding oiliccr, at least, so I am infoi'nied aiul verily believe. 15. That, from the number of skins taken by the ''Triumph" last year, with vessel partially ctjuipped only and with less experienced hunters, I conscientiously believe that the said schooner, in a full season unmolesteil and free from fear of molestation, would have taken in the neighbourhood of 2,500 skins. ](). That the market value of sealskins at the port of Victoria, on or about the 1st October instant, when in the usual course of events heretofore, the" Triumph" would have arrived after a com|)lete season's voyage, as hereinbefore mentioned, was 8 dollars per skin. 17. That the declarant, on behalf el himself and co-owners, claims damages against I the Government of tl:e United States of America for the unlawful and unwarrantable interference, molestation, threat and menace of its said Revenue cutter, whereby a heavy s is incurred by the owners and hunters of said schooner "Triumph," amounting to I the value of the difference between the skins actually taken, and estimated catch, viz., 2,428 skins (2,500, less 72) at 8 dollar, per skin, or the sum of 19,424 dollars, and 250 dollars for legal and other expenses in connection with the preparation and submission of this I claim. 18. That hereto annexed, marked (A), is a statement in detail of such claim, and of ! persons entitled to share therein. 19. That upon the sailing of the said schooner in April and May last at San Francisco land Victoria, respectively, advances were made to the hunters based upon a full season's Icateli, and said hunters will, upon f)ayment of said claim, be entitled fo, and will receive I their share thereof. I, [128] 3 D ■' "(i M II I HH6 And I, Rdgiir Crow Dnkor, niuKc this holciini (Ui-liimlioii, noDscioiitiously bollcvini; the 8iinu< t) l)c Hue, juHt ami ('(luitiihli', and l)v virhm ot Aot lOBpecting Kxtrn-Judiciaj Oiith«. (SigiuHl) KDCJAR CROW HAKKK, Mitmiijinij Owiifr. Dooltired l)y the suiil Mgnv (^row Uaki-r, at tin; City ol Vicloiiu, Hritisli (/'oliniibiii, the (lay of Novniilicr, a.d. IHH!). Hflou' nil:. (Si^in'd) 1>- !<• Hauius, A S'otinii I'lililir liii Unijnl Aulliorihj in mid for Ihv I'mrliifc 1)1 lirilisli ('(tlinnliiii, rcsnluui iind prttrli^iiiii (il 1'irt(irli( ii/iirrsdid. Incl I in No. •Jd'.l. Dktaii.ki) StatfiiuMit ol Clann l)y Owiiris ot' Uritish scliooiifr "'rriuinpli" «HMni>t tiie (iovtintncnl of tlic United Stales of Anieiiea. '.',4'.'8 M'liKKins, IimImii.t ol' iin i'>liinnl''ii nli'li «( '.'..lOll .i:ilskiii> liv llir MtlMi'licr "'!'. iinipli ' i. ;• 'Ijr Lul ■■(mmhi hI' ISNli in jli'lniii^'s Simi. :iI N (lull lis per »kiii . . . . . . Ia%i\\ liml iitlirr i .vpciiM!. iiici li .il;(l ti> pii'panilloii iilid >iiiiMiii''iiiii nl' rliiiiiis ., Totiil OwNKits on October ', l^^,'. l''\> 11 r nmiii'l \li'l, run. iiiii-li'i' Minim r . , l\ tiili* I,. (Ill til-, Oinann ,1(lllll ('. lllnrKcll. Xilllllll, lllili-ll t'ollllllI'Ml Total Dolliirx. I'.M-'I •J")(l Kt.iiTi Ml lie-.. .11 ■u II III N.B. — K. Crow Haivir, ii'|irest'ntinn- D. Mil.ean's shares hy lull power ot' attoiiKv, ftlld fts ii1(irt|:.lgre in |itissessioii, .1. i\ lUaekett, hy power ot" ftt.torney, and Hc.^ili.i (Jihsnii'; by consent of attoniev. {Sinned) KDWAKl) CROW liAKKIi. MiiiitKjiiiij Oinifr. The schedule marked (A) relerred to in stateiiient, of which tiiis (orin part. (Siirned') U. R. Hauris, Nntiirii I'lihliv for thf Proriiicr of Biiti.ili l\>lnmtiia. To all to wiioin these presents shall eunie be it known and made manifest that I, Alexander Roiaiul .Milne, a Surveyor in Her Mnjesiy's Customs for the Port of Victoria, Britii^h Culitmhia, in the Doiniiiion of Canada, duly ap|iointed as such, resiJiiii; ami otticiating in said capacity in the city of \"ietoi'ia, in the Province; aforesaid, do lii;rehy certify that tin- p.iper written hereto imnexed, dated the Mh Auynst, 1S89, siyrnd and •worn to betbre (icorge Morrison, J. I'., on said ilay by one Daniel Mclvjan, master ol the British schooner "Triumph," registered at the ()ort aforesaid and engaged in the sealing business, is as it purports to be a full, tine and correct copy of the original thereof in BTery res^icct. I do further certify that the original document was forwarded by the Collector of Customs of this port to the Department of Marine and Fisheries at Ollawii on or uliout the date therein named, and that I have full confidence in the truth of the statetnents made by said master embodied in said atiidavit. In testimony whereof I have hereunto set my hand and seal of office ut the city of Victoria, British Columbia, this 4th day ol November, 1881). (Signed) A. R. MILNE, Surveyor, i,c. ii!imii>t iiie ol' nt.toi'iin sill, (iil)soil' KK K, iiiij Oinier. ,W7 fnHnHnro rt in No. 209. MtrpiwlUiit of Ihiniel Mrl,nni. In tlif iiiiitlcr o( si'iucli. \c., Ill' Ihc sculin^ hcIiooikt " Triiiin|)|i " liy llui Uiiitod Stutos' Rovrmie ciittrr " Hicliiud Kusli " in Rclirin^'K Sra. I, DANIKL Mcl.KAN, of the city of V ictoiia, in flio I'roviiutf of BritUli Coiiimblii, Doiniiiioii 111' ('niia''ii, liciiiu; duly Hwoni, dcposii nn follows: Thnl I iiiii niiish-r find |mit owikt of Mie Hrilisli ncliooiior •"ri'iijni|tli," rjiKistori'd at lliR IViit ot Victoiiii, iiiitisli ('olinnl)iii, tliiii in coiifbi'inity 4 > Hilcncy on tlie 22nd August, 1889, formal statements and claim by tlie owner to compensation for Ici.s incurred by reason of the seizure of said vessel, and tiio fi)reible removal to tlie United States' Revenue cutter " Richard Rush " of seventy-six sealskins, as well as for the value of tlie estimated catch for the balance of the season had tlie vessel not been interfered with in the lei^itiniate pursuit of her calling, which claim, with incidental expenses, ag<>regates the sum of 17,185 dollars. The Minister recommends that this claim be forwarded through the proper channel to Her Majesty's Government for transmission to the Government of the United States. The Committee advise that your Excellency be moved to forvard copies hereof to the Right Honourable the Secretary of State for the Colonies, All which is respectfully submitted. (Signed) JOHN .J. McGEE, Clerk, Privy Council, Inclosure 8 in No. 269. Declaration of Morris Moss. Canada, Province of British Columbia, City of Victoria. I, MORRIS MOSS, of the city of Victoria, in the Province of British Columbia, Dominion of Canada, fur dealer and sliip-owner, do solemnly and sincerely declare as follows : — 1. I am a British hubject by birth, and the duly registered owner of the schooner "Black Diamond," of the poit of Victoria, aforesaid. 2. On the 12th day of February, lb89, the said schooner was elcared at t!ic Cii>tii:n- house at said city of V'ictoria for a fishing and hunting voyage to the North Pacific ()('e;i!i and Beliring's Sea. 3. On the old day of August, 1889, the said '' Black Diamond " returned (o Victoria aforesaid, and hereto annexed, marked (X), is the statutory declaration of Alexander Gault, the male of the said schooner on said voyage, of the cause and manner of the "Black Diamond's " return to V'ietoriii from such voyage, which said stalemcnt I veiily believe is true. 4. The value of the sealskins taken from the " Black Diamond " as set out in said Alexander Gault's statement was, on or about the 1st day of October (when in due course the vessel would have dciivcred her cargo of skins at Victoria aforesaid), 8 dollars jier skin. The salt so taken as aforesaid was vxortli ;"> dollars. The Indian spears 4 dollars each, and the said rifle was worth 2.') dollars, 5. From the actual eatcli of seals made in said sea during said season by other sailina; vessels, 1 verly believe tiiat had ill-: said " Black Diamond " not been seized and her hunting voyage broken up as set out in said statement of Alexander Gault, the hunters on said schooner would have captured at least 2,100 sealskins in said Beliring's Sea durin!; the season of 1 b89. 6. 1, for m\self and the crew and hunters of the said "Black Diamond," claimed damages against the Governniciit of the United States' of America for the seizure of the said " Black Diamond," and for tlie taking and detention of said seventy-six sealskins, and for 2,024 sealskins the balance of the estimated catch of 2,10!) in Beliring's Sea for the full season of Ifc8i), also for the salt, rifle, Indian spears, and ship's papers taken as al'oie- said, and for legal and other expenses incidental to, and arising out of^ such seizure, and llie preparation and submission of this claim therefor and interest thereof at 7 per cent, per annum until |}aid. 7. Hereto annexed marked (A) is ;i Statement in detail of sueli claim tor dania^es. And J. Morris Moss, make this solemn declaration "onscieiilii)iisly believing the fame T be true, and iiv virtue of the Act respeetinu; Voluntarv and Extra-.Judicial Oaths, MORRIS MOSS. 19tli dav of November. (Signed) Declared by the said Morris Moss, at the citv oi Victoria, llu ..D. 1869. Before me, (Signed) Arthuu L. Biclyea, i Notarji Public hij Royal Anfliorily in and for the Prnvinci' of liritisli Coluniliia. 389 ,^ ..••■.. Inclosure 9 in No. 269. ' Statemknt of Claim by Owner of scliooner *' Black Diamond" against the Government of the United States of Anieri "i for Seizuro in Beliring's Sea on July 1 1, IS.-jQ. DoUnra. 76 sealskins (seized). 2,021 senlskiiis. biilnncp of pstimntcrt cnteh by "Black Dinmond" for full seiison of 18Hi) in HcliriiiK's Son. ,100 spnKlvins, at 8 dolliii's ,. ,. .. ., .. 1 rillc, nt . . . . . . , . . , 20 sppnrs, nt 4 dollnrN each. . 2 Hacks salt, at 2 dul, 50 c. eac'li Cost of obtuininj? now (.hip's papurs . . . . , , Legal and oilier expenses arising out of, anil incidental to, sueh seizure Total .. .. .. ., .. And interest thereon at 7 per eeut. per nnnuiu until paid. (Signed) 10,800 2.1 80 5 25 250 .. 17,185 MORRIS MOSS. This is the Statement referred to as marked (A) in tlic declaration of Morris Moss, takrn hetore me the 19th November, 1889. (Signed) A. L. Belyea, Notary Public. (X.) In the mutter of the seizure of the sealing schooner " Black Dian\ond," by the United States' Revenue cutter "Richard Rush," on the 11th day of July, a.ii. 1880. I, Alexander Gault, of the city of Vietovia, mate, do solemnly and sincerely declare that :— 1. I was at the time of the occurrences hereinafter mentioned, employed as mate of the sealing schooner '•' Blick Diamond," oi' the port of Victoria, British Columbia. 2. On the 11th day of ,)uly last, whilst on board the said schooner she then being on II sealing expedition, ;ui(i in latitude ."ill" L'2' nortii, and longitude ) 70'^ 2.'/ west, and at a distance of uh )ut '.i'> miles from shore, we were overhauled by the " Richard Rush," a United States' Revenue cutter, which latter vessel having bailed us, and shouted a command we were unable to understand, steamed across our steamer's bows compelling us to come to. A boat was then lowered from the cutter, and lieutenant Tuttle, with five other men came aboard the schooner. The captain of our schooner asked Lieutenant Tattle whnt be wanted, and he replied be wished to see our papers. The captain then took him down into his cabin, and in my presence showed him the ship's papers. Lieutenant Tuttle then demanded that they should be banded to him, but our captain rci'ustd to give tiicm up, and locked them in bis locker. Lieutenant Tuttle then ordered his men to bring up the sealskins. At this time there were seventy-six salted and iifty- tivc unsulted sealskins on board. The Lieutenant then ordered the salted skins to be taken on board the " Richard Rush." This was done by the cutter's boat, two bags of salt and a riHe being also taken from the schooner to the cutter. Lieutenant Tuttle told our captain that if be did not give up the papers he should take them by force, and our captain still refusing, the Lieutenant bailed the cutter, and a boat brought off the Master-at-arms who came aboard our schooner. Lieutenant Tuttle asked our captain for his keys, but not being able to obtain them, ordered the Master-at- arms to force the locker. The master-at-arms then unscrewed the binges of the locker, and taking out the papers, handed the same to Lieutenant Tuttle. Lieutenant Tuttle then went back to the "Richard Rush," but returned again, bringing with bim one whose name 1 have since heard to be John Hawkinsen. The Lieutenant then ordered certain Indian sealing spears belonging to the schooner to the number of twenty to be placed in bis boat, which wius accordingly done by the cuttii's men. Our captain asked bim for a receipt for the skins, ship's papers, and other goods he had taken ; this be refused to give. He then ordered our captain to take the schooner to Sitka, but our captain told bim that if he wanted the schooner to go there he would have to put a crew on board to take her there. Lieutenant Tuttle then gave Hawkinsen some orders and some papers addressed to the United States' authorities at Sitka, and, leaving Hawkinsen on board the schooner, and taking the spears with liim, returned to the cutter, which shortly afterwards steamed away, taking the ship's papers, the skins, and the other goods with her. S90 "^e set sail for Oonalaska where tho cai)tain hoped to fall in with a British mnn-of. war, and arrived at that place on the ' "jtli day of July. There being no man-of-war then and the Indians having become very iiuitinous, and threatening to throw us overbonrd it they thought wo were going to Sitka, we set sail for the port of Victoria, reaching the latter place on the 3rd day of August, 1889, at about the hour of 7 p.m. The man Hawkinscn, during tlic voyage, did not attempt to give any directions or suggestions us to the course to he taken by tijc schooner, antj on arrival at Victoria was placed on shore by one of tlie schooner's boats. And I make this declaration conscientiously believing the same to be true, and by virtue of the Oatiis Ordinance, ls89. (Signed) ALEXANDER GAULT. Declared before me at the city of Victoria, this 8th day of August, 1889. (Signed) Ernest V. Bodwell, A Notarij Piihlic for the Province of British Coliimliia. This is the statutory declaration of Alexander Gault referred to as marked (X) declaration of .Morris Moss made before me the IStii day of November, 1889. the cje (Signed) A. 1.. Bki.vra, Notnry PiihUr. Inclosnre 10 in No. 269. Lord Stanle;/ of Preston to Lord Knutsford. My Ijord, Government House, Ottawa, December 17, 1889. Wri'H reference to the Deputy Governor's despatch of the ii4th September last relating to the seizure in Beliring's Sea of the British schooner " Lily," I have the honour 10 transmit to your Lordship a copy of an approved Uepoit of a Committee of the Privy Council, subraitting formal statements and claim to compensation advanced by the owneii ot that vessel against the United States' Government for loss incurred by reason of her seizure. 1 have, &c. (Signed) STANLEY OF PRESTON. rnclosure 1 1 in No. 269. Report of u Oornmittee of the Honourable the Privy Council, approved by his Excelltncy the Governor-Qeneral in Council on December 2, 1889. ON a Report dated the 28th November, 1889, from the Minister of Marine and Fisheries, submitting, in connection with the seizure in the Behring's Sea of the British schooner •' Lily," the circumstances attending which were detailed in the Minute of Council approved by your Excellency on tiie I8th September, 1889," formal statement! and claims by the ownms to compensation lor loss incurred by reason of the seizure of said vessel, and the forciblu removal to tiie United States' Revenue cutter "Richard Rush" of 33'i sealskins, as well as for the value of tiie estimated catch for the balance of the season had the vcs-lI not been interfered with in the legitimate pursuit of her calling, which claim, with incidental expenses, aggregates the sum of 17,167 dollars. The Minister recommends that this claim be forwarded through the proper channel to Her Majesty's Government for tiiuismission to the Government of the United States. The (.'omniittee advise tliat your Excellency be moved to forward copies hereof to the Right Honourable the Secretary ol State for the Colonies. All which is respectfuljv subniitted. (Signed) JOHN J. McGEE, Clerk, ' Privy Council, 301 Inclosure 12 in No. 269. Declaration of Morris Mos*. Canada, Province of Britisli Columbia, City of Victoria. [, MORRIS MOSS, of the city of Victoria, in tiie Province of British Colultlbid, Dnriiinion of Canada, ftir dealer and ship-owner, do solemnly atid Sincciely declare as I'ollows : — 1. I am a British subject by hirtli, and the duly registered owner of the suliooner "Lily" of the port of Victoria aforesaid. •2. On the 20th day of May. a.d. lSSi>, the said schooner " Lily '' cleaied at the Custonis-house, Victoria aforesaid, for a fishinu; and hunting voyage in the North Pacifid Ocean and Behring's Sua. 3. On the Ist day of September, a.d. 1881), the said schooner " Lily " returned to the snid port of Victoria, and hereto annt'xcci, marked (X), is the statutory declaration of John Reilly, the master of the said schuoiier " JJly " on said voyage, setting lortli the cause and manner of the return to N'ictoria of s lid schooner iVom such voyage, which said statement I verily believe to be true. 4. The value of the sealskins taken irom the saiti " Lily," as set out in said John Rciilv's statement, was, on or about the 1st day of October (wlien in due course the said vessel would have delivered her ravao of skins at Victoria iifbresaid), 8 dollars per skin. The salt so taken as aforesaid was worth ;"> dollars, nud tiit; iniiian spears I dollars each. ."j. Front the actual catcli of seals nuide in said sea during said season by other vessels, I verily believe that had the said " Lily " not been seized, and her hunting voyiige broken up, as set out in said statement of John Keilly, the said hunters on said sihooner "Lilv" Would have captured at least 2,100 sealskins in Behring's Sea during the season of 188!). Ci. I for myself and the crew ami hunters of the said "Lily" claim danuiges against the Government of the United States of Americja for the seizure of the said '' Lily," and fertile taking and detention of said 'S'-VA sealskins, and for 1,767 sealskins, the balance of the estimated catch of 2,10() in Behring's Sea for the full season of 1889; also for the salt and Indian spears and ship's papers taken as atbresaid, and for legal and other expenses iucidcnial to, and arising out of, such seizure, and the |)reparation and submission of this claim tiierefor and interest thereon, at the rate of 7 per cent, per annum until paid. 7. Hereto anncNcd, marked (A), is a statement in detail of such clain) lor damages. And I, Morris Moss, make this solemn declaration conscientiously believing the same to be true, and bv virtue of the Act respecting Voluntary and Extra-Judicial Oaths. (Signed) MORKltt MOSS. Declared by the said Morris Moss at the Oitv of Victoria, tite M)th dav of Novumbet, A.U. 1889. Before rae, (Signed) A. L. Belyea, Notary Public bij Royrtl Aiitlwriti/ in unci for the Province of British fJolumbia. I >l Inclosure 13 in No. 209. Statement of Claim. liY owner of schooner " Lily " against the Government of the United Slate,-, ol AiiK'iica tor seizure in Behring's Sea on the Oth Allgdst, a.d. 1889. o;i3 soiilsldns (^seined). 1,767 5Ciilsl!in>', hiilnnco ol' I'Stiiuated taUli by " lily ' tor ftill Seusmi of 1889 ill Behring's Sen. -',100 sealskins, at 8 doUiiis .. ... .. .. .. .. 16,800 24 Indian spears, nt 4 dollars .. .. .. .. .. 96 'i sacks salt, at li dol. oO e. . . . . . . . . . . 5 Host of obtnining now ship's papers. , . . . . . . . . 25 Legal .tiid other expenses arisiii)r out of, and incidental to. svteh seizure . . 250 AAcl intefcA ther60ti at 7 per cent, per aimuni until paid. (Signed) .. 17,176 MORRIS MOSS. ,' !• '.m This is tiic Statement of Claim i (i iieci to as muvked (A) in i\\v (Icciamtion ol Morris Moss, made lictbiv mc the 19th November, 188!). (Signed) A. L. Uklyka, Notani Public. In the matter of the seizure of tiie senliiis: «ehooner " IJly " by the United States' lU veiinc eutter " Hicliard Rusii," on tlic (Uh (hiy of Auuiist, '.\.i>. 188!). I, John Heiily, of the eity of V'ieloria, Ikitisii Columbia, master mariner, do soienuily and sincerely declare that : — I I am a master mariner, and was at the time of the occurrences liereinaltir mentioned, and still am master of the schooner " Lily " of the Port of Victoria, Uritisli Columbia. 'i. On the Otii day of August, A.n. 188!), wliilst I was on board and in eonnuiiiKJ of the said schooner " Lijy." and she beini; then on a seahnjx expedition, and beiiif,' jn latitude no" 2!)' nortii, and lt)ni,'itude lG(i'' KV west, and at a ilistiinct of about (lli milo from ihc nearest land, the United States' Revenue eutter " llieiiard Rush " overhauled the said seiiooner. M. I was first boardeil by the Kirst Lieutenant, wiio was armed, and who asked me hotv mnny skins 1 hiid on board. I replied that he should iind out himself, and s;ii(| that if he wanteci to see the schooner's papers I would show them to him and would render him assistance simuld he want to search the schooner for contraband i,'oo(ls, but I would imt acknowledj^e his right to seize uie for sealing on the hi. The First Lieutenant then ordered both boats' crew to search the schooner, and they took from my schooner 38'^ sealskins, all in good order. 7. He tlien asked me if I would give hini two sacks of s;ilt. ( told him it would Iw useless for me to refuse, as he could take tliein by force, so 1 told him to go ahead mid help himself. He then gave me two letters, the contents of which were unknown to mc at the time, one of them being sealed, the contents of which is still unknown to me, the other ecrtifyiiit; that he had seized the schooner " Lily " for violation of the United Slates' laws, and taken possession of schooner's papers. 8. He then told uic to proceed to Sitka, Alaska. 1 asked liim it he wanted me to go to Victoria or Sitka, Alaska, to which he replied that he had notiiing to .say but simply told me Iiis orders. 9. My crew, at thii; time, consisted of a mate, Ucorge McDonald, and three white men, and twenly-tive Indian hunters. 'I'he Indian hunters said that lliey would nut proceed to Sitka, and to avoid I'urtlier trouble I directed the schooner course to \"icl(nia, and arrived here the 1st day of September at 7 o'clock v.m. And I make this solenui declaration conscientiously l)<,lieving the .■•anic to be true and bv virtue of the Oaths Ordinance, In^;). (Signed) .JOHN REILLY. Declared at the city of Victoria, British Columbia, this 1 Itli (iay of September, 1889. Before me, (Signed) Tnos. SiioxBOLr. Jiislicf of the Pi-aci: This is the statutory declaration of .lohn Keilly, leterred to as marked (X) in the declaration of Morris Moss, made before me the 19tli November, 1889. (Signed) A. L. Hki.yea, Notary Public. No. 270. Colonial Office to Foreiyn Office, — {Received January 20.) Sir, Downiwj Street, January 18, 1890. I i 1 AM directed by Lord K'nut.sford to transmit to you, to he laid before the -Marquis of Salisbury, a copy of a despatch and its inclosures from the Covemor-Crencral of 393 Tnnndn, torwarciinjj ft claim for compensation from the owners of tlic schooner " Ariel" for lo>i« incurred hy reason of its hcing interfered with by tlic United Statcfl' Revenue cutter •' Kiciiard Rusli " while cnjjaj^ed in a sealing voyage in Behring's Sea. I am, Ike. (Signed) I{. 11. MEADE. Inclosurc 1 in No. 270. Lor(f Stanley of Prenton to Lord Knulsfonl. Mv Lord, (loffniiitr)it House, Ottawa, December 31, 18f9. [ HAVl'i the honour to transmit to your fiordship a copy of an approved Minute of till' Privy Council submitting a declaration and formal statement of claim to compensation (in behalf of the owners of the British schooner "Ariel" for loss incurred by reason of the said vessel being interfered with by the United States' Revenue cutter " Kichard Rush" while engaged in a sealing voyage in Behring's Sea. I have, &c. (Signed) STANLEY OF I'HESTON, Inclosurc 2 in No. 270. choDiicr, and Urpnrt nf II Coiiiinittei' of tin' Ilonourublc the Privi/ Council, ii/iproced by his H.vcctleiicy the Governor'GeHeral in Council, on Dfcember 'J8, 1889. ON a Report, dated the 27 th December, 1889, from the Minister of Marine and Fisliorii's submitting the ai»))otided declaration and formal statement of claim to coin|K'iisiitii>n on behalf of the owners of tiie British schooner " Ariel," which vessel was. on till' the :^Otli day of July, 1889, wliile engaged in a sealing voyage in the Behring's Sea so culled) boarded by three officers from the United States' Revenue cutler "Richard Rusii.' 'i'lie odieer searched and examined the schooner " Ariel," and questioned the iimster as to his voyage, crew, and catch ; and also warned him against taking seals in the Behring's Sea under threat of seizure of the vessel and the arrest of himself .ind mate. The Minister observes that the claim amounts to 9,498 dollars for loss incurred by reason of the said vessel Ijcing interfered with in the legitimate pursuit of her calling, and is advanced by Mr. Sainuel W. Bucknam, of Victoria, British Columbia, managing owner and master of the said schooner " Ariel," on behalf of himself and Messrs. John .\I. Taylor and B jla R. Lawrence, of the city of St. John, New Brunswick, as joint owners of the vessel in question. Tiie Minister recommends that this claim be forwarded through the jiroper channel to Her Majesty's Government for transmission to the Covernnient of the United States. The Committee advise that your Excellency be moved to forward a copy of this Minute to the Right Honourable the Secretary of State for the Colonies, together with the papers mentioned herein. All which is respectfully submitted for your E.xceilencv's approval. (Signed) JOHN J. McUEE, Clerk, Privy Council, Inclosurc 3 in No. 270. Declaration of Samuel IV. Bucknam. Canada, Province of British Columbia, City of Victoria. I, SAMUEL W, BUCKNAM, of the city of Victoria, in the Province of British Columbia, and Dominion of Canada, ma.ster mariner, do solemnly and sincerely declare as follows :— 1. The hereinafter-mentioned schooner '• jV.riel " is a British vessel registered at I the port of St. John, in the province of New Brunswick, one of the provinces of the I Dominion of Canada. 2. The registered owners of tlie said schooner " Ariel " are John M. Taylor and [128] 3 E If 'i ( mf 1- I 304 9f)U B. Tjawrenco, both of tho fity of St. .lolin aforcwiid, who each own twcnty.fofl, |iiArttt'r of the siiid seliooiier " Ariel." 4. On the 9lli day of Fehrimry, 18H!», a.h., I cleiiveil the siid schooner " .Ariel" ai the Customs lit tiie said |)ort of X'ictoriu for ii li-iiin!;- iiiul -I'al-iiiiiitin;; voya:;i- in tin North PaciHe Ocean and Helirin^c's Sea, and on tiie I Ith day of naid montii sailed Iroo ■aid port of Victoria on such voyajje. 5. On and lor said \ova{;o I was master of said 'Ariel" and oni- llermnn Smit!, was mate, and said " Ariel ' on said voya^jc carriid a crew o1' twenty-two men all u,..; The Haid schooner '• Ariel " was e(|nipj)i'd and provisioiu'd for a fall season's voyajje. 0. On the 12lh day of July followin};, the "Arid" entered nehiinjj's Sea. Tin scalbkins which liad been tnken by the lumters (m said seJKtoner in tlie North Pacific Ocean liad been shipped to Victoria before entering IJebrinn's Sciv, and no skins wore on board on said 12th .luly. 7. Tlie lumters on tiie " Ariel " began sealing on the 14lh day of Hiiid July, and in tbo sixteen days following captured aiiout KK> sealskins. 8. On the HOth day of said month of July, at about ti o'clock in the niornirif;, the United States' Kevenue cutter " Richard l!nsh " came alongside the "Ariel " and three officerH from .said " J?ichard Kusb " boarded the "Ariel." The .said ollicers e.xaiiiined and searched the " Ariel," asked the innnljer of my crew, whcu I entered the sea, and how many .sealskins I ba' Sea lest I sliould lose my vessel and he nivself Sut ill prison, I at once .sailed for one of the passes leading from the sea. Jn tlicHjst ay of July I lost a boat with three men, and remained some days in tlie imnieiliRte vicinity in order to pick them up. On the 21st August the "Ariel" .sailed out of Bchring's Sea, homeward bound, with S44 .^calskins on board. On the 2nd day of September the " Ariel " arrived at Victoiia aforesaid, fully one month earlier than the usual time of arrival for sealers from Behring's Sen. 10. From the actual number of seals captured by the " Ariel " before bein;; boarded as aforesaid and from the number actually capiureil by other sealing vcsscij, with about the same equipment of boats and men as the " Ariel," [ believe that had the " Ariel" not been molested in Behring's Sea (and but for such boarding and threatening as aforesaid she certyinly would have remained the full season) the said " Ariel " would bave made a total catch of not less 2,()(i() sealskins. 11. The selling price of sealskins at said Victoria on the said arrival of the "Ariel" and on the Ist October, about which time sealing vessels usually arrive al Victoria from a full season's voyage, was S dollars ])er skin. 12. I for myself, the said John M. Taylor, and the said Bella R, Lawrence, mj co-owners in said schooner "Ariel," and likewise for the crew of the said "Ariel" on said voyage who were and are entitled to share in the total catch of sealskins by said ♦cssel for the full season aforesaid, claim damages of and from the Government of the | United States of America for the illegal boarding as aforesaid of the said schooner, and for having by threats and intimidation broken up the voyage of said schooner "Arid" and thereby caused the loss of at least I, lob sealskins to the said vessel, her owners. and crew, and for legal and other expenses incidental to the preparation and submission j of this claim. 13. Hereto annexed, marked (A), is a statement of such claim for damages as | aforesaid. And I, Samuel W. Bucknam aforesaid, make this solemn declaration conscientiously I believing the same to he true and by virtue of the " Act respecting voluntary and extra-judicial oaths." (Signed) SAMUEL W. BUCKNAM. Signed and declared by the said Samuel W. Bucknam the 29th day of November, 4-l>» 1889. Before me, (Signed) Abthub L. Beltba, A Notary Public by Royal Authority in and for , ■ the Province of British Columbia. lucloHure 4 in No. 270. Stitkmkst of claim iisaiiist tlio United States ot America re l)oarding and tbrcatu to Hcizc tlio HL'liooncr '• Ariel " in Mchrinff's Sea, July ao, 188U : — 'j.OOO HfiiNliiiH rutimiilcd t:Mv\\ for full Hcnuoii. Dollkn. M 14 „ numWr iirtiiully taken. I, lid „ t)iilimci> of vatiiiiiitud rntcli, vliiimuil ill (liiinngcK nt 8 dollnri .. 9,'i4H 1,1'Kiil and ollici' ('Xiu'iisuh iiici'luiilal I'l tin.' iiinkiiitt niiil i. (Signed) A. L. BELYEA, Xotary Public. No. 271. Sir J. Pauncf/ote to tlm Mnnjuis of Salisbury.— (Received January 22.) My Lord, Wasliiinjton, January 9, 1890, WITH reference to my ileH|)ateii of the Sfitli ultimo, \ have the honottt to inclose lietewith cojiyof a Kesolutioii wliicli has lieen laid upon the table of the Senate by Senator Plumb in reijard to tiie advertisement of the Secretary of the Treasury, inviting tenders for a new lease of the Alaska .seal fisheries, I have, &c. (Signed) JULIAN PAUNCEFOTfe. • damages as Inclosurc in No. 271. Extract from thr " (.'omjre/isional Record" of January 7, 1890. Alaskii St'nl Fisheries. ^[|■. Plumb, — I offer a Resolution, which I ask may lie upon the table, and be printed. The Vice-President. — The Jlesolution will bo read. Tiie Chief Clerk read as follows : — " Whereas the Secretary of the Treasury has, by public advertisement, invited bids [ for leasing the Islands of St. Paul and St. (leorge, in the Territory of Ala'^kaj for a period ; of twenty years ; and I " W liereas tiie law under which said proposal is i-ssued was passed about twenty years since, and the circumstances and conditi )ns existing in Alaska, and with reference to the seal industry, have materially changed during that period ; and " Whereas it has been ciiargcd upon tlie authority of a late Governor of Alaska that Itlie Alaska Commercial (Jompany, now occupying said islands under lease from the Government, has exercised its privileges op))ressively and against the interests of both I tlie natives and the (rovernment ; and " W liereas said (Jompany claims that it is the only person or organization which can I surae.ssfully competo for the lease 'Kvitcd by the Secretary of the Treasury as aforesaid, and liiere is every reason to believe that under present legislation and conditions the lease proposed will be made to said Alaska Commercial Company substantially without competition. Therefore, " Resolved, — That tbe Secretary of the Treasury be requested not to make a new I lease of .said islands until further action by Congress, or until the latest period made necessary by existing law, and that meanwhile he make 'rA report to the Senate as to the I manner in which the said ^Vlaska Commercial Company has discharged its duties and ligations under the present lease, and also what additional legislation, if any, is necessary I in order that the interests of the Government and those of the natives and citizens of I Alaska may be more fully protected." The Vice-President. — The Resolution will lie on the table and be printed. I 1 I^I^S [128] 8 £ 2 ^.^1 396 No. 272. Sir J. Pauncefote to the Marquis of Salisbury. — {Received by telegraph, January 23.) My Lord, Washington, January 23, 1890. I HAVK the honour to inclose herewith copy of a note which I have received from Mr. Blaine, containing the answer of the United States' Government to the protest which Mr. Edwardes made by your Lordship's directions on the 12th October last against the seizure of Canadian vessels made by the United States' Revenue cutter "Rush"inBehring'sSea. I have; &c. (Signed) JULIAN PAUNCEFOTE. Inclosure in No. 272. - ■ Mr. Blaine to Sir J. Pauncefote, Sir, Department of State, Washington, .January 22, 18f)0. SEVERAL weeks have elapsed since I had the honour to receive through tlio hands of Mr. Edwardes copies of two despatclies from Lord Salisbury,* complaining of tlie course of the United States' Revenue cutter "Rush" in intercepting Canadian vessels sailing under the British flag, and engaged in taking fur seals in the waters of tlie Behring'.s Sea. Subjects which could not be postponed have engaged the attention of this Depart. ment, and have rendered it impossible to give a formal answer to Lord Salisbury until the present time, In the opinion of the President, the Canadian vessels, arrested and detained in the Behring's Sea, were engaged in a pursuit that is in itself coiitra bonos mores — a pursuit which of necessity involves a serious and permanent injury to the rights of the Govern. ment and people of the United States. To establish thi.i ground, it is not necessary to argue the question of the extent and nature of the sovereignty of thi'* Government over the waters of the Behring's Sea ; it is not necessary to explain, certainly not to define, the powers and privileges ceded by His Imperial Majesty the Emperor of Russia in the Treaty by which the Alaskan territo'-y was transferred to the I'nifcii States. The weighty considerations growing out of the acquisition of that territory, with all the rights on land and sea inseparably connected therewith, may be safely left out of view while the grounds are set forth upon which this Government rests it;; justification for the action complained of by Her Majesty's Government. It cannot be unknown to Her Majesty's Government that one of the most valuable sources of revenue from tlie Alaskan possessions is the fur-senl fisheries of the Behring's Sea. These fisheries had been exclusively controlled by the Government of Russia, without interference and without question, from their original discovery until the cession of Alaska to the United States in 1867. From 1867 to 1880 the possessiia and the United States, developed in such manner as not to interfere with the public rights or the private industries of any other pco[de or any other person. Whence did the ships of Cnnada derive the right to do in IS8G that wiiich they had letVaiued from doing for more than ninety years ? Upon what grounds did Her Abijesty's Government defend in the year 188(3 a course of conduct ii the Behring's Sea which she had carefully avoided ever since the discovery of that sea? By what reasoning did Her Majesty's Government conclude that an act may be committed with impunity against the rights of the United States which had never been fttenipted against the same rights when held b the llussian Empire ? So great has been tlic injury to the fisheries from the irregular and destructive slaughter of seals in the open waters of the P.ehring's Sea oy Canadian vessels, that whereas the Government has allowed 100,000 to be taken anmuUy for a series of years, it is now compelled to reduce the number to 00,000. If four years of this violation of natural law and neighbour's rights has reduced the annual slaughter of seal by 40 per cent., it is easy to see how short a period will be required to work the total destruction of the fisheries. The ground upon which Her Majesty's Government justifies, or at least defends, ■^:l i ' 398 the course of the Canadian vessels, rests upon the fact that they are committing their acts of (lestructija \,i\ the hin;h seas, viz., niore tlian 3 marine miles from the shore-line It is doubtful -.vhether Her Majesty's Government would abide by tliiw rule if the attempt were made to interfere with the pearl Hshcries of Ceylon, which extend 20 miles from the shore-line, and have been enjoyed by England without molestation ever since their acquisition. England has felt authorized to sell tlie lislicry riglits from year ti> year. Nor is it credible that modes of fishing on the Grand Banks, altogether practicable but highly destructive, would be justified or even permitted by Great Britain on the plea that the vicious acts were committed more than 3 miles from shore. There are, according to scientific authority, " great colonies of fish on the New. foundland banks. These colonies resemble the scats of great populations on land. They remain stationary, having a limited range of water in which to live and die." In these great " colonies," it is according to expert judgment comparatively easy to explode dynamite or giant powder in such manner as to kill vast quantities of fish, and at the same time destroy countless numbers of eggs. Stringent laws have been necessary to prevent the taking of fish by the use of dynamite in many of the rivers and lakes of the United States. The .same mode of fishing could readily be adopted with effect on the more shallow parts of the banks, but the destruction of fish in proportion to the " catch," says a high authority, might be as great as 10,000 to 1. Would Her Majesty's Government think that so wicked an act could not be prevented, and its perpetrators punished, simply because it had been committed outside of the 3-niile line? Why are not the t>vo cases para^el taking of fur seal in a manner that des.j";-. extermination of the species, fii • < 't- is totally destroyed, in order that .| The Canadian vessels are engaged in the tho power of reproduction, and insures the .'ij' the species an article useful to mankind and immoral gain may be acquired by a few persons. By the emuloyment of dynamite on the banks, it is no*/ probable that the total destructioii of fish c mid be accomplished, but a serious diminution of a valuable food for man might assuredly result. Does Her Majesty's Government seriously maintain that the law of nations is powerless to prevent such violation of the common rights of man r Are the supporters of justice in all nations to be declared incompetent to prevent wrongs 80 odious and so destructive ? tn the judgment of this Government, the law of the sea is not la\Nlessness. Nor can the law of the sea and the liberty which it confers and which it protects be perverted to justify acts which are immoral in themselves, which inevitably lend tc results against the interest and against the welfare of mankind. One step beyond that which Her Majesty's Government has taken in this contention and piracy finds its justification. The President does not eonceivo it possible that Her Majesty's Government could, in fact, be less indillerent to these evil results than is the Government of the Lnited States. But he hopes that Her Majecty's Governmeui will, after this frank expression of views, more readily comprehend the position of tiii> Government of the United States h !u order to adjust all differences . ', Jv proposed a solution not only ^'.' 1 ...nthas declined to accent the jiAiuts with deep interest, not •.'i'.: .Imenf whicli Her Majesty's to which this Government is touching this serious question. This Government has been ready to concf.de of view, and has in tlie judgment of the Presi'!' ii equitable, but generous. Tims far, Her Majesty c. proposal of the United States. The President no unmixed with solicitude, any propo.sition for reasonable Government may submit. Tiie forcible resisuinee constrained in the Behring's Sea is, in .he President's judgment, demanded not only by the necessity of defending the traditional and long-established rights of the United States, but also the riglits of good morals and of guoil government tiie world over. In this contention, the Government of the United States has no occasion and no desire to witluiraw or modifv the positions whicii it has at any time maintained a!^!,ainst the claims of the Imperial Government of Russia. Tho United States will not withhold from any nation the privi'eges whieii it demanded for itself when Alaska was part ef the linssian Empire. Nor is the Government of . United States disponed to exercise in rhose possessions any less i-for or authoii . 'r-n it was willing to concede to the Imperial Government of '<'\!^.\ when its -o '.v ■ extended over them. The Presidunt is persuaded th i.ii friendly nations : l concede to the United States the same rights and privileges on the lands and in the vaters of Alaska which the same friendly tiations always !^^n'^e'led to the Empire of Russia. I have, &c. ,,,,,, (Signed) JAMES O. BLAINE. jsmm -iLi'iwjaui 399 No. 273. The Marquk of Salisbury to Sir J. Pauiicefote. — {Substance telegraphed.) Sir, Foreitjii Office, January 28, 1890. I HAVE received vour tele<>iain of the 23rd irstiint, giving the substance of a note you had received from Mr. Blaine, in reply lo the proposals made to the Government of the United States for the reopening of negotiations on the Behring's Sea question. Her Majesty's Government will be prepnrcd, when the text i.f the note reaches them, to give it their careful consideration, and to return a formal reply. So far a.s they are at present able to judge, it lays ilown doctrines in international law to which they would be unable to subscribe. Jleanwhilc, they would be glad to know wliethcr, in your opinion, it would be desirable that, in TC\)\y to Air. Blaine's assurance that "the Government of the United States await with deep interest, not unmixed with anxiety, any suggestion for a rensonalde adjustment of the points at issue between the two Governments," you should now make proposals in the sen>c explained in youi despatch of the Ist November last, with the modifications which, after consultation with the Colonial Office, have been considered necessary. The following are the terms which Her Majesty's Government would be prepared to authorize you to propose to Mr. Rlaine : — (((.) That the tripartite negotiation for securing a close time in Behring's Bea for the protection of the fur-seals should be resumed at Washington. (/>.) 'J'hat all well-lounded claims for compensation on the part of British subjects for seizures in the past of their vessels bv authorities of the United States should be dealt with by a separate negotiation as speedily as possi'k, bul ♦hat it should be understood that Her Majesty s Goveinmeiit must be satisfied on this point before they can come to any settlement in regard to a close season. (r.) Lastly, that an assurance sbonid be obtained from the Government of the United States that there shall be no further seizures of British ships in Behring's Sea while negotiations are proceeding. I am, &c. (Signed) SALISBURY. No. 274. Sir J. Pauncefote to the Marquis of Salisbury. — (Received by telegraph, January 30.) My Lord, Washington, January 30, 1890. I HAVE the honour to inform your Lordship that I think it is important that I should know the total amount of compensation which is claimed for the seizures of British vessels in Behring's Sea up to date before making the proposals indicated in your Lordship's telegram of the 2Sth instant. I have told Mr. Blaine that Her Alajcstys Government must have satisfaction on this point before they can agree to any settlement on the other question. Arguing from his stand-i)oint he denies any riglit of compenantion, but he is willing, for the sake ot's.'ttling so grave a ilispuie, to consult the President of the United States k? to a grauiitois otter of a lump sum in full satisfaction, in order tbat discussions on itei.^s involviiif principles on which the views of the two Governments appear irrecou- cilnbii may hi avoided. He has, therefore, asked me to obtain tl 3 above informatior as soon as possible. If this difficulty be surmounted, negotiations for a close season might be commcnc^cl at once, subject to adequate arsurances against further seizures, which, I thick, I might be able to obtain. I have, &c. (Signed) JULIiN PACl.vEFOTB. I: 'i 400 • : ., No/275. Colonial Office to Foreign ODicc. — {Received February \.) Sir, " Downinri Street, January dl, 18%. I AM directed by Lord Kniitstbrd to triinsniit to you, to be laid bef'or ) the Marquis of Salisbury, a copy ot a despnU-ii iVoin the Governor-General of Canada, forwarding a claim to compensation on beluilt of tlu^ owner of. the Britisli schooner " Kate," which vessel was ordered from the Bclirins's Sea in August last by an officer of the United States' Revenue-cutter " Richard liusli." I am to add that tliis claim had not previously been received, and Lord Knutsford has inquired, by telegraph, whether any further claims are to be expected. I Jim, &c, ,,;;, ., (Signed) JOHN BEAM8T0N. ' ' Inclosure 1 in No. 275. Lord Stanley of Preston to Lord Knutsford. ' • My Lord, Government House, Ottawa, January 6, 1890. I HAVE the honour to forwnrd herewith, for transmission to the United States' Government, a copy of an approved Report of a Committee of the Privy Council submitting declarations a nd formal statement of the claim to compensation on behalf of the owner of the Britisn schooner " Kate," which vessel was on the 13th August last, while engaged on a sealing voyage, ordered from the Behring'a Sea, under threat of seizure, liy nn officer of the United States' Revenue cutter " Richard Rush." Your Lordship will observe that th;.' claim amounts to the sum of 11,210 dollars for loss incurred by reason of the snid vessel being interferred with in the legitimate pmsiiit of her calling, and is advanced by Mr. Charles Spring, of Victoria, British Columbia, ns sole owner of the vessel in question. T have, &c. ' ■ ' ' (Signed) STANLEY OF PRESTON. Inclosure 2 in No. 275. Report of a Committee of the Honourable the Privy Council, approved by his Excellency Ik Governor-General in Council on the 2^th December, 1889. ON a Report, dated 27tli December, 1881), from the Minister of Marine and Fisheries, submitting the appended declarations and formal statement of the claim to compensation on behalf of (lie owner of the British schooner " ivate," which vessel was on the l^th i\ugust, 188!), while engaged on a sealing voyage, ordered from the Behring's Sea (so-called) Jinder threat of seizure by an officer of the United States' Revenue- cutter "Richard Rush." The Minister observes that the claim amounts to 11,210 dollars for loss incurred by reason of the said vessel being interfered with in the legitimate pursuit of her calling, and is advanced by Mr. Charles Spring, of Victoria, British f'olumbia, as sole owner of the schooner in question. The Minister recommends that this claim be forwarded through the proper channel to Her ^Majesty's Government for transmission to the Government of the United States. The Committee advise that your Excellency bo moved to forward a copy of this Minute, together with the pnpers mentioned herein, to the Right Honourable the Secretary of State for the Cidonics. All of which is respectfully submitted for your Excellency's approval. (Signed) JOHN J. McGEE, Clerk, Privy Council. mmmmmmsm 401 ' ' '- • . Appendix. Canada, Province of British Columbia, . , City of Victoria. I, Neils Moss, of the city of Victoria, province of British Columbia, Dominion of Canada, master mariner, do solemnly and sincerely declare as follows : — 1. The hereinafter mentioned schooner "Kate" is a British vessel, registered at the port ot Victoria, British Columbia, and owned by Cliarles Spring, of the same place. 2. On or about the Ist June, 1889, I cleared the said schooner " Kate," as master thereof, at the Customs-house, port of Victoria, for a fishing and hunting voyage in the North Pacific Ocean and Behring's Sea. On the following day the " Kate " sailed on said voyage, fully equipped and provliioned for a whole season's voyage, and carrying a crew of four men. 3. On the west coast of Vancouver Island I engaged and took on board sixteen Indian hunters and sailed northward, entering Behring's Sea on or about the 20th .July following, having then on hoard twenty-four seal-skins caugit outside Behring's Sea. 4. A few days after entering the Sea the hunters began taking seals, and continued to do so up to the 13th August following, on. which day the "Kate" had on board 630 teal-skins. 5. On said 13th August, at about 6 o'clock in the evening, the United States' Revenue- cutter " Richard Rush " steamed up to the " Kate," within hailing distance, and an officer asked me what I was doing. 1 replied that [ was fishing. He said that he had orders to order all schooners out of IJehring's Sea if caught sealing, and if he saw me again :n the Sea he would seize me. The wind was blowing a gale at the time, and the cutter steamed away. 6. in consequence of what had been said to me by the officer of the said cutter I at once determined to leave the Sea and not risk seizure, and on the 16tli day of the said month of August the " Kate " sailed out of Behring's Sea by the Ounimak Pass, and sailing south reached Victoria about the 10th September, after some days' delay on the west coast of Vancouver Island. 7. Before being spoken by the said cutter, my intention was to remain in Behring's Sea until the 1st September, and with the hunters I had and average weather I verily believe that by the 1st September, had not the " Kate " been ordered to leave the Sea and threatened with seizure if seen again by the said cutter, tlic said " Kate " would have made a total catch of not less than 2,000 seal-skins. The best part of the sealing season in the said Sea was about beginning, and in the three days just preceding the said 13th August the hunters on the " Kate " brought in about 300 seal-skins. I, Neils MosH, aforesaid, make this solemn declaration, conscientiously believing the same to be true, and by virtue of the " Act respecting extra-judicial oaths." (Signed) NEILS MOSS. Signed and declared by the said Neils Moss, the 7th day of December, a.d. 1889, before me. (Signed) Artiiuk, L. Belvka, Notary Public by Royal Authority in and for the Province of British Columbia. Caiiiula, Province of British Columbia, Victoria. 1. Charles Spring, of the city of Victoria, province of Britisli Columbia, Dominion of Cunada, trader and ship-owner, do solemidy and sincerely declare as follows: — i. I am the sole owner of the schooner " Kate," of the port of Victoria, aforesaid. 2. I have read the declaration of Neils Moss, the master of said schooner on a sealing voyage to the North Pacific Ocean and Behring's Sea in 1889, and verily believe the same to be true. 3. 'i"he market value of seal-skiiis at V'ictoria, aforesaid, at or about the time the ' Kate " arrived fioni said voyage and wince that time, was, and now is, 8 dollars [ per skin. i. f , on my own behalf and on behalf of the crew of said schooner, claim damages otund from the Government of the United States of America for having, by force of I tlireats and intimidation, compelled the master of said schooner on said voyage to leave Behring's Sea before the close of the sealing season, and thus depriving the crew and I owner of said vessel of the benefits and profits of e full season's catch of seal-skins. [128] 8 E J' I i:'ilu a m \M I \ ii I ! 402 I also claim compensation for legal, personal, and other expenses in connection with the preparation and submission of this claim for damages, and hereto annexed marlced (A) is a statement in detail of such claim. And I, Charles Spring, make this solemn declaration, conscientiously believing the I to be true, and by virtue of the " Act respecting extra-judicial oaths." (Signed) C. SPRING. same 1 Signed and declared by the said Charles Spring, the 13th day of December, a.d. 1889 before me. (Signed) Authur L. Bbltea, .... A Notary Public by Royal Authority in and for the Province of British Columbia. Statement of Claim by Owner of schooner " Kate." li.OOO seal-skinfi, estimated catch by " Kate " for full season of 1889 in Hehriug's Sea. 630 less number taken up to 13tb Au^uxt, 1889. 1,370 balance, nt 8 dollars per skin .. ,. ,. .. .. Legal and other expctiscR in preparation and submission of this claim . . Dollars. 10,960 t 250 Total 11,210 And interest there >n at 7 per cent, until paid. This is the statement (A) of claim referred to in the declaration of Charles Spring, made before me the 13th day of December, 1889. (Signed) A. L. BELYEA, Notary Public. No. 276. The Marquis of Salisbury to FAr J. Pauncefote.— {Substance telegraphed.) Sir, Foreign Office, February 1, 1890. I HAVE to acknowledge the receipt of your telegram of the 30th ultimo, asking to be informed what is the total amount of the compensation claimed on account of the British vessels seized up to date by the United States' authorities in Behring's Sea. You are authorized to inform Mr. Blaine that the claims which have been presented to Her Majesty's Government amount to about 500,000 dollars. Her Majesty's Government would, of course, be willing to subject them to further examination, ond probably considerable reductions would be found to be admissible. Should differences of opinion arise as to the amounts to be awarded in the several cases, Her Majesty's Government might not be indisposed to agree that they should be referred to arbitratic''. I am, &c. (Signed) SALISBURY. No. 277. The Marquis of Salisbury to Sir J. Pauncef ate.— -(Substance telegraphed.) Sir, Foreign Office, February 1, 1890. I HAVE to inform you that the claims for compensation for the seizure of British vessels in Behring s Sea, submitted by the Canadian Government, have been revised at the Colonial Office and should not exceed 400,000 dollars. A summary of the various claims will be sent to you by mail this evening. I am, &c. (Signed) SALISBURY. ,.T- f ■m ' ■ * n '■ ■ •■■ No. 278. ■■ . Foreign Office to Colonial Office, gir, Foreign Office, February 6, 1890. I AM directed by the MnrqniH of Salisbury to state that his Lordship would bo glad to be favoured with any observations which Lord Knutsford may have to offer on the reply of the United States' Government to the protest of Her Majesty's Government against the seizures of Canadian scaling-vcsscls in Bchring's Sea by the United States' authorities.* I am, &c. (Signed) P. CURRIE. No. 279. Colonial Office to Foreign Office. — {Received February 7.) Sir, Downing Street, February 6, 1890. WITH reference to the last paragraph of the letter from this Department of the Slst ultimo, I am directed by Lord Knutsford to transmit to you, for the information of the Marquis of Salisbury, copies of telegraphic correspondence with the Governor- General of Canada respecting the claims on account of the seizures made by the United States' Revenue cruizers in Bchring's Sea. I am, &c. (Signed) ROBERT G. W. HERBERT. Inclosure I in No. 279. Lord Knutsford to Lord Stanley of Prenton. (Telegraphic.) Downing Street, January 30, 1890. I SHOULD be glad to know if there are any further claims for compensation Behring's aea, and what they amount to. Inclosure 2 in No. 279. Lord Stanley of Preston to Lord Knutsford. (Telegraphic.) {Received at the Colonial Office, February 4, 1890.) THERE is one additional claim for compensation " Minnie," 16,400 dollars. I am sending summary of claims by post, and have forwarded a copy to Her Majesty's Minister at Washington for his information. No. 280. Sir J. Pauncefote to the Marquis of Cfulisbury. — {Received by telegraph, February 8.) My Lord, Washington, February 7, 1890. THE terrible calr.mity which has befallen the family of the Secretary of the Navy and the renewed affliction in the family of the Secretary of State, both of which events I had the honour to report to your Lordship oy telegram, have delayed the further progress of the negotiations respecting the Behring's Sea question. But as soon as was practicable after the receipt of your Lordship's telegram of the 1st instant I had an interview with Mr. Blaine and resumed the discussion on the subject of damages for the seizure of the Canadian vessels. I informed him of the amount of the claims, at which he appeared quite astounded. After some general conversation as to the nature and character of the damages claimed, Mr. Blaine said that, viewing the case as he did from the stondpoint taken in his reply [128] • See No. 272. r'- III i::l 3 F 2 I 404 to the protest of Her Majesty's Government against the seizure of the vessels ia question, he could never admit that his Government were justly liahle to pay any damages at all. But he was willing to examine and assess the damages with me on the same principle as if the liahility of his Government were admitted, and then to refer the question of liability to some eminent jurisconsult for decision, on ^vritten statements and answers submitted by the two Governments respectively. I objected that the whole Behring's Sea controversy would be raised in sui'h an arbitration, which it appeared to me would of necessity involve grave questions of international law more fitting for solution by an areopagus of the Great Powers. Mr. Blaine dissented from this view, urging that, as his Government had asserted no claim to the Behring's Seu as a mare clausum, no established principles of international law would be in dispute. The Arbitrator would only have to find whether, under the circumstances, the United States' Government ought to pay damages for the seizures. If he found in tlie affirmative, the damages previously assessed would be paid. 1 observed that, apart from other objections, it seemed to me premature to tnlk of arbitration ; and I reminded him that at our first interview (reported in my despatch No. 190 of the 1st November, 1889) he expresssed the opinion that, if an arrangement in regard to a close time should be arrived at, his Government would not wisli that private individuals who had acted Iwnd fide in the belief that they were exercising their lawful rights, should be the victims of a grave dispute between two great countries which had happily been adjusted. I inquired why he was no longer disposed to adopt this friendly and equitable mode of treating the question. Mr. Blaine replied that he was not aware, at tliat time, of the magnitude of the claims. He now learned for the first time that they were actually computed at nearly 500,000 dollars. Making all allowances for exaggerated demands, the claim was still too large to lie dealt with in any other way than by an appropriation vote of Congress, and his Governniont were not prepared to propose a vote of such an amount unless the liability of the United States' Government had been previously established by the award of an arbitrator. If Her Majesty's Government were disposed to agree to an arbitration such as he had indicated he was quite willing to resume at once here the tripartite negotiation for a close time commenced in London, and concurrently to proceed with the necessary steps for the settlement of the (juestion of damages. I renlied that at jiresent my instructions were that Her Majesty's Government would come to no agreement for a close time unless they obtained satisfaction in the matter of damages, and that I thought they would only accept arbitration on the question of amount. But I promised Mr. Blaine to communicate his proposals to your Lordship without delay, and I have accordingly done so by telegram. I have, &c. (Signed) JULIAN PAUNCEFOTE. No, 281. Sir J. Pauncefote to the Mnrquis of Salisbun/. — (Received by telegraph, February 8.) (Extract.) Washington, February 8, 1890. Wri'H reference to my telegram of yesterday's date, I have the honour to inquire whether your Lordship would see any objection to the tripartite negotiation for a close time for seals in Behring's Sea, and the assessment of damages for the seizures of Canadian vessels, being commenced at once, leaving the question of arbitration in suspense until the results of both proceedings are known. No. 282. Fcreign Office to Colonial Office. Hir, Foreign Office, February 10, 1890. WITH reference to my letter of the 3rd instant, I am directed by the Marquis of Salisbury to transmit herewith, to be laid before Secretary Lord Knutsford, a copy of a 405 telegram from Sir J. Pauncefote,* statmg that be has communicated the amount of the Behring's Sea claima to Mr. Blaine, who proposes to assess them proviaionally, and then to refer the question of the liability of the United States' Government to arbitration. I am to state that Lord Salisbury proposes, with Lord Kmitsford's concurrence, to autborize Sir J. Pauncefote to commence at once the tripartite negotiations and the assessment of damages, leaving the question of arbitration in suspense until the results of both proceedings arc known. I am, &c« (Signed) P. OURRIB. No. 283. The Marquis of Salisbury to Sir J. Pauncefote. Sir, Foreign Office, February 10, 1890. I HAVE received your telegram of the 8th instant, stating that you have communicated to Mr. Blaine the amount claimed on account of the seizures of Canadian vessels, and that his Excellency states that such a sum could only be paid on the award of an arbitration, followed by a vote of Congress. You add that he is willing to assess the claims provisionally, leaving the question of the liability of the United States' Govern- ment to be eventually decided by arbitration. I have to acquaint you that Her Majesty's Government are willing to proceed in accordance with Mr. Blaine's suggestion, and that you are authorized at once to com- mence negotiations for a tripartite Agreement respecting the establishment of a close season, and the assessment of damages sustained on account of the seizure of the vessels. I am, &c. (Signed) SALISBURY. No. 284. Colonial Office to Foreign Office. — {Received February 1 1.) (Extract.) Downing Street, February 11, 1890. WITH reference to previous correspondence, I ara directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a copy of a despatch from the Governor-General of Canada, forwarding a Minute of the Dominion Privy Council on the subject of the Notice published by the United States' Government calling for tenders lor the lease of the Alaskan seal fisheries. Although, as suggested by the Canadian Government, the granting of such a lease as that referred to would be calculated to complicate the contemplated negotiations. Lord Knutsford is disposed to think that the issue of the Notice need not be held to preclude the commencement of those negotiations, and his Lordship desires me to su^^gest that a copy of this despatch should be sent to Her Majesty's Minister at Washington, with instructions to conimunicate it to the United States' Government, if he sees no objection. 1 ^Bp -^ ^BS '^ '' s V Inclosure 1 in No. 284. Lord Stanley of Preston to Lord Knutsford. My Lord, Government House, Ottawa, January 20, 1890. WITH reference to the proposals made by Mr. Bayard for a close season for seals in Behring's Sea, which was dealt with by my Government in the Orders in Council, copies of which were forwarded in my despatches of the 3rd August, 1888, and of the llth November, 1889, 1 have the honour to forward herewith, for your Lordship's information, a copy of an approved Minute of the Privy Council, embodying a Report of the Minister of Marine and Fisheries, in regard to an advertisement recently issued by the Secretary of the Treasury I'or the United States, calling for tenders for the exclusive privilege of taking seals on the Islands of St. Paul and St. George of the Pribylov group in the Behring's Sea for a term of twenty years from the 1st May, 1890. • See No. 280. ^"l H.; ^ 108 ' Your Lorclship will observe that my Government is apprehensive that a lease such m that contemplated in the advertisement, under whici) the monopuly which has existed for the past twenty years would be continued re<^rdles8 of any close season, may interfere with the proposed negotiations tor a close season. ' I have, &c. (Signed) STANLEY OF PRESTON. •' ' < Inclosurc 2 in . o. 284. Report of n Commitlei' of the Ihitourable the Privy Council, approved hy his Kjtcellencij tht Gorernor-Generni i» Council on the \mh January, 1890. ON a Report dated tiie 4th .lanuaryi IftOO, from the Minister of Marine and Fisheries, submitting in connection with the Minutes ot Council ut the Hth July, 188H, and 4ih November, 1889, approved by his Excellency the Ciovernor-General, upon the subject of the protection of t'nr-scals in the Behring's Seu, the appended advertisement recently issued by the Secretary of the Treasury for the United States of America, calling for tenders to be received u|) to the "i.'Jrd January instant for the exclusive privilege of taking fur-seals on the Islands of St. Paul and St. George, of the I'ribylov group, in the Dehring'ti Sea, commonly known as the Seal Islands, for a term of twenty years trom the 1st May, 1800. The Minister observes, in reference to the Honourable Mr. Bayard's proposal for interiuitionnl iictiou in the establishment of a close season fur seals in the Behring's Sea, extending from the li^th April to the Ist November, that the present advertisement would indicate on the part of the United States' authorities the intention to continue that monopoly of the seal industry vvhicb has existed for the past twenty years, regardless of any close reason applicable to the breeding grounds or rookeries of the seals. The Minister notices that Mie only iinjiortant difference between the terms of the proposed lease and those in the lease held by the Alaska Commercial Company, expiring in May 1800, is the limitation in the number of seals to be aimually killed, which is stated to be OO.OOO, instead of 100,000, (or the first year, the number t'l be fixed by the Treasury Department for succeeding years. The Minister desires to point out that the months open to the lessees of the breeding grounds for killing opemtions, during the next twenty years, ai-e June, July, September, and October, or four of the months in t!ic middle of the close season proposed by the Honourable Mr. Bayard on behalf of the United States' authorities. It has already been contended by your Excellency's advisers that the dates then proposed by the Honourable Mr. Bayard were fixed to practically exclude from fishing operations all vessels likely to frequent these waters for that purpose. The Minister observes that in support of the Honourable Mr. Bayard's proposal, it was con';ended that the British and other scalers were in the habit of killing ami wounding the COW- -seals with their young, and that therefore the necessity for the close season proposed by him was all the greater in the interest of the fishery ; but upon this it may be said that the British vessels seized or expelled from the Behring's Sea, almost without exception, entered that sea, in the month of July, or during the height of the killing season of the Alaska Commercial Company, and as the female seals (according to the United States' authorities) repair to the rookeries in June and July, where they soon ai\er bring forth their young, the opportunity for sealing-vessels to kill females with pup in the open waters of the Behring's Sea nmst be very rare. The Minister is of opinion that the attention of Her Majesty's Government should be called to this state of facts, and that they be informed that your Excellency's advisers are under the apprehension that the said lease may interfere with the proposed negotiations for a close season for Behring's Sea. The Committee concuiiing, advise that your Excellency be moved to forward a copy of this Minute to the Right Honourable the Secretary of State for the Colonies, for the information of Her Majesty's Government. All which is respectfully submitted for your Excellency's approval. (Signed) John J. McGek, ■ ■ /• Clerk, Privy Council. Appendix. [See Inclosure in ISo. 268.] No 200. Sir J. Pauncefote to the Marquis of Salinbury. — {Received 61/ tnltijrnph, Fehriiaiy 1 1.) My Lord, IViishington, Fehruary \}, \9Q0. ' I COMMUNICATED the substancfc of your Lordsliip's telegram to Mr. Blaine late jcstcrday cveninpr, and he consented to your Lordship's proposal to oommcnee the tripartite negotiation and the assessment of damages al once. He said, at the same time, that he would communicate with the Russian Minister here on the subject and inform me of the result, with a view to common action by TOur Lordship and himself in inviting Russia to participate in the negotiations. I have, &c. (Signed) JULIAN PAUNCEFOTE. , No. 287. Lord Knut*ford to Lord Stanley of Preston. — (Received al Foreign Office, Februnnj 12.) • (Telegraphic.) Downing Street, February 12, 1890. INSTRUCTIONS sent to Minister at Washington to commence negotiations for establishment of a close season, and provisiunatly for assessment of claims for damage; lie will also be directed to conuiiunicate with you as to fixing time for Representative of Dominion Government to assist you at Washington. No. 288. The Marquis of Salisbury to Sir J. Piiuncefote. Sir, Foreign Office, February 12, 1890. WITH reference to my despatch of the 28th ultimo, I have to request that you will bear in mind that all proposals from the United States* Government for the settlement of the Behring's Sea (]uestion should be received by you ad referendum. I am, &c. (Signed) SALISBURY. No. 289. The Marquis of Salisbury to Sir J, Pauncefote.'-'{8ubstance telegraphed.) Sir, Foreign Office, February 13, 1890. I TRANSMIT to you herewith , oopy of a telegram from the Governor-General of Canada relative to the Behring's Sea negotiations ;* and I have to request you to communi- cate with the Governor-General of Canada with a view to settling the date on which the Representative of the Dominion, who will assist you in the negotiations, should arrive in Washington. I am, &c. (Signed) SALISBURY. • No. 287. No. 290. Sir J. Pauncefole to the Marquis oj Salisbury. — {Received by telegraph, February 14.) My Lord, fVashinaton, February 13, 1890, MB. BLAINE informed mc to-day that M. dc Struve, the RusHian Minister licrc. has telegraphed to his Government to inquire whutlier they conHcnt to hw taking part in the negotiations on the snbject of a close time tor seals in Behring's Sea. He hopes that your Lordship will, on your side, invite the Bussioii Qovernmcnt to participate m the proposed negotiations. I have, &c. (Signed) JULIAN PAUNCEFOTR. I No. 291. Sir J. Paunce/ote to the Marquis of Salisbury. — {Received by teleijnipli, February 14.) My Lord, Washington, Februurif 13, 1890, WITH reference to your Lordship's telegram of to-day, I have the honour to inform your Lordship that I have written to the Governor-General of Canada and have requested him to be prepared to send a Canadian Agent to Washington, in order to assist me in the forthcoming negotiations on the subject of a close time for seals in Behring's Sea. I will not fail to telegraph to him as soon as I learn that the Bussian Government have consented to participr.te in the negotiations. I have, &c. (Signed) JULIAN PAUNCEFOTE. The Marquis of >. 292. ury to Sir J, Pauncefote. Sir, Foreign Office, February 14, 1890. WITH reference to your despatch of tlic 9th ultimo, I transmit berewitli, for your information, a copy of a letter from the Colonial Office,* covering a copy of a despatch from the Governor- General of Canada, forwarding a Minute of the Dominion Privy Council on the subject of the Notice published by the United States' (Tovernment cnlling- for tenders for the lease of the Alaska seal fislieries. I am, &c. (Signed) SALISBURY. No. 293. The Marqtiis of Salisbiiry to Sir R. Morier.— {Substance telegraphed.) Sir, Foreign Office, February 14, 18'JO. I HAA'E to inform your Excellency that Her Majesty's Government have agreed MJtli tliat of the United States thivt it is desirable to resume the negotiations, wiiicli coiised in 1S88, between Great Britain, Russia, and the United States for the establish- ment of a close time for seals in the Behring's Sea. 1 should be glad if your Excellency would invite the Russian Government to give iiishuctions to tlieir Representative at Washington to take part in negotiations for the purpose. I am, &c. (Signed) SALISBURY. • No. i84. 409 No 294. Sir li- Morier to thu Miirquis of Snihbury.* — (Received by telegrnph, February 23.) My Lnnl, '''• >.•!>'■ .' 8t. Pelersburyh, February 29, \8dO. ON receipt of your LordHlitii's tcloovcrnnietit and the United States' Government arc anxious to ri'sunu', I at onnn' to Iho Huni of 10,4G() dollar.s. I have, »S£C. '.,,;) ' . ." (Signed) STANIilOy OlM'UKSTON. IncloHure 2 in No. 2!ir), lirimt iif (I Comtnitlee of the Ilonr.urable the Privy Coniiril, apjiroved by hin Kxcellenni tht i t overnor'dfnern} in Cotmeil on the 'A\M Jnmiary, 1890. ON a Uoport dated the HJtIi .laniuiry, I8!»0, f'ronj tlie MiniHtcr of Marirc and Fisheries, 8ui)n!ittinj;', witli reference to the Hcizure in the Hcliring's Hea of the Uritiah schooner " Minnie " (the eircumstflnccs attending which were detailed in a Minute of Council dated the 14th Septendier, 1S8!)), fcnmal statements and claims hy the owner, Mr. \ iotor .lacohsnn, of Victoria, liritish Columhia, to conijiensation for loss inciimMlbj renson of the seizure of the sni«l vessel, and the forcihlo removal therefrom to tiie United States' Revenue cutter " Richard Rush " of 420 seal-skins, and guns, spears, &(;., OS well as for the value of the catch for the halance of the season had the vessel not heen interfered with in the legitimate pursuit of her ailing, which claim aggregates I n,4(U) dollars: The Committee, on the uvonnuendation of the Minister of Marine and Visherics, advise that jour ICxeellency he moved to forward copies hereof to the Righf Honourable the Secretary of State for thcColoi\ies, for transmission to the Uoveniincnt of the United States. All which is respectfully suhmitted. (Signed) JOHN .). Mc(4KE, Clerk, Privy Coimcil. Fnclosurc 3 in No. 295. nerldralion of Viclo- Jarobsoii. City of Victoria, Provinci> of British Columhia, Dominion of Cinada. ' I, VICTOR .lACOBSON, of the city of Victoria, in the I'rovinco of British Columhia, Dominion of '^auada, master mariner, do .solemnly and sincoiy declare as follows : — 1. That I am the owner and niaiiler of the British vessel " Minnie," 60 Ions burilcn, registered at the port of Victoria aforosnid. 2. That in the lirst part of the month of May last 1 cleared the said "Miniiio" at the port of \ ictoria for a senling and hunting voyage in the North Pacific Ocean mid Behring's Soji, and sailed inimodialely afterwards. 3. I had ii crew of live white men and sixteen Indians, wit!: two hoals for wbilo hunters, eight canoes for Indian hunters, and completely provisioned and equipped '.irn full season's hunting and sealing in norlliern waters. 4. On the L'Tth day of .June last 1 entered the Behring's Soa, through Oimlnink Pass, havin^y then on honrd ahout 160 seal-Bkins caught on the way up from Victoria. <"'. I immediately engaged in hunting, and sealing and continued <> do so until the loth July last, at wliich date 1 had on hoard 420 seal -skins in all. IJ. On thot day, the loth duly last, r ^ut ■[■ o'clock in the afternoon, i siglitcila steame- hearing down upon ns, which jirovcd (o he the United States' Revenue steamer " Richard Rush.'" When within hailing distnnce, an officer on the said " Rush " I'nlled out io me to hcave-lo, and I did so , a hoat was sent oft' lYom the "Ru.sh '' witb two officers and ten or twelve men. The officer and five or .six men came on board tlie j " Minnie." The officer in command asked me for my papers, which I handed to him. 411 Ho tlieii linked n»c wliCii I onloiod tlii' hch, ami liow many HkiriH I had. I told him, mid he ■veni hark to Ihu " Hush." In a nhdiL timo lie loiiirncd and tohl nio ho would take all llie HkitiH, mshv my ve»nol,ni.d .st-iiil her to Hilkn in '.'liargo ol a niaii from tho ''- UuhIi." He then oidciod his men to open the luilrlR.s and take all tlie • "l.Hkiim, 420 in number, on 1)0111(1 llio " UuhIi," which was done. Ifc also took two guns and all the Indian sjioaiH. He then went Imcik to the " Hush," hut soon relumed to my vessel with a man, and said tome that this man would take eluiige of the vessel, except navigating' her, and take her t*- Bitka. 7. At the time of the seizure the " Minnie " was about 66 njles north-west by west from Ounimak I'liss, and aliout the same distance from Ounimak sland, the nearest land. 8. An hour or so after the "Uiish "' went away the man left in charge showed me liimvritten instructions from (Japlain Hhepard, of the '• Richard Uusli;"a8 nearly as T can romomhcr the directions he was to deliver the " Minnie" to the United Htates' authorities III Sitka, and place her captain, myself, and mate undrr arrest. I at once made up my iiiiiid to stay where I was and catch what seals I could. Next morning f made new spcHTS for the Indiana and sent tliem out scaling. \ remained in tlie sea up to the lOtli j^ugiist following, anu in that timo caught 480 seals and eight sea otters. [ did not sec anything of the " Rush " after the ir>tli .Inly. 9. In the scafiin of IHHB I was in command of the schooner "Mountain Chief," with ten Indii.n hunters only. 'I'lio said " Mountain Clhief " was in Behring's Sea less tlian twenty days, and in seventeen days' actual sealing the ten Indian hunters caught 'J37 soal-skins. On the said schooner " Minnie," in 1880, I had sixteen Indian linntcrs and two white liunters, and but for the interference of the United States' Revenue cutter "Richard Rush," as aforesaid, (be " Minnie " would l.ave remained in Uehring's Sea until about the lOth Hcptember, or a ]efore me, (Signed) Ahthuk L. BKbYKA, A Notary Public, In/ Royal authority, in and for the Province of liritisli Cotiiinliia. Stntement of Claim. — Schooner " Mir.ne." For damages for i. jizure, &c., in Behring's Sea, July 15, 1889, by United ' cutter " Richard Rush." 4'20 seal BkitiK tnkcii from " Minnie" by " Uiclmrd llusli." 1,594 bulnnce n( i'»limiitocl cntoli of 'i.flOO in Hehiing'B Sen in 1H8",) by " Minnie," nfter ilciluclin({ 480 l)rouf;lit to Victoriii by " Minnie." ';,')M at S (lolliirH per Hkin .. i );un at .in (liillai'H, I {{tin at 10 dollars 10 'ndiun t>|K'aiH, at !) (lollarH .. .. .. •• 2 MicUh salt, nt 1 dol. 60 c. .. .. .. .. Legal and otiior oxpcnnes ., ,. ., .. .. , ; ',) )'!'',)i|' < ■ ^ Total clniin ., .. .. •• And interest on said amount at 7 per cent, per annum until paid, 128 J States' Revenue Dollars. KM 12 G5 30 3 250 16.460 3 G i , 1 ■ ^m m 412 This is the Statement referred to in the annexed declaration of Victor Jacob»nn made before me the 4th day of January, 1890. (Signed) ARTHUR L. BELYEA, . : Notary Public. No. 296. Sir J. Pauncefote to the Marquis of Salisbury. — (Received by telegraph, February 23.) My Lcrd, Washington, February 22, 1890. WITH reference to your Lordship's telegram of to-day, 1 have the honour to report that I have telegraphed to Lord Stanley to inquire when 1 may expect the arrival in Washington of the Canadian Agent who is to assist me in the coming negotiations. Mr. Blaine, M. dc Struve, the Russian Minister, and I, held a preliminary and informal meeting this morning, at which the question of the area of the possible arrange- mcnt was discusi^cd. Mr. Blaine and M. de Struve then proposed the following area : " From a point on the 50th parallel north latitude due south from the southernmost point of the Peninsula of Kamtchatka ; thence due east on the said 6i»th parallel to the point of the intersection with the 160th meridian of longitude west from Greenwich; thence north and east by a straight line to the point of intersection of the 60th parallel of north latitude with the 140th meridian of longitude west from Greenwich." The 60th parallel, as your Lordship is aware, was the southernmost limit pioposed by Mr. Bayard, and it need only bo extended on the west to the Kamtcliatka Peninsula, as M. de Struve states that there is ^o seal fishery in the Sea of Ochotsk. I objected, however, to the limit on the east being extended beyond the 160th meridian of longitude, which was the limit proposed by Mr. Bayard, and is quite sufficient for the necessities of the case. I should be much obliged if your Lordship would inform me whether you approve of the area now suggcsteti by Mr. Blaine and M. de Struve, provided it bo limited on tiio cast by the 160th meridian. I have, &c. (Signed) JULIAN PAUNCEFOTE. No. 207. Foreign Office to Colonial Office. Sir, Foreign Office, February 24, 1890. WITH reference to the letter from this Office of the 22nd instant, I am directed bj the Marquis of Salisbury to transmit to you the accompanying copy of a telegram from Her Majesty's Minister at Washington,* giving the result of an informal conversation with the Secretary of State and the Russian ilinister on the subject of an area within which the proposed avraiigcment relating to the Behving's Sea seal fisheries might be applied. I am to request that, in laying this telegram before the Secretary of State for the Colonics, you will move his Lordship to favour Lord Salisbury, at his earliest convenience, with his opinion as to the answer which should be returned to it. I am, &c. ,1 _,. (Signed) T.H.SANDERSON. No. 208. ^,, _ , , ,^,, , Colonial Office to Foreign Office, — (Received February 28.) Sir, Donning Street, February 2", 1890. I AM directed by Lord Knntsford to acknowledge the receipt of your letter of the 24th instant, inclosing a tclegiam from Her Majesty's Minister at Washington, in whicfi he reports the result of a preliminary and informal Conference on the subject of the area • No. 296. 413 within which the proposed close setuson for fur-seals in Behring'a Sea should be confined, and requesting instructions as to the distance to the eastward at which the line limiting such area should be drawn. I am to observe, in reply, that in order to avoid unnecessary interference with British subjects, it is desirable that the area no less than the period of the close season should be confined within the strictest limits absolutely essential for the preservation of the seah from extermination ; and the 1 r;e proposed by Sir J. Pauncefote appears to Lord Knuts- ford to include more of the open sea than is necessary, bearing in mind that the object of the negotiations is solely the sufficient preservation of the seals, and not the mafaten- ance in its integrity of the monoply claimed on behalf of the lessees of the Pvibylofi Islands. It appears to his Lordship that this object might be attained sufficiently by fixing an area round these islands within which sealing should be prohibited during the period when tlic female seals are on these islands, or in their near nci hbourliood, and also possibly in the inmiediate vicinity of the passes of the Aleutian Islands. 'J'hc matter is one, however, on which the Secretary of State for the Colonies could ii()l undertake to express any definite opinion without that information which the Government of Cai.ada is alone able to supply ; and his Lordship would suggest, in order to save time, that Sir J. Pauncefote should be desired to confer with Mr. Tupper, the Dominion Minister of Marine and Fisheries, who, it is i. derstood is now at Wiishington, before committing Her Majesty's Government to any line of demarcation which the Government of Ca-mda may hereafter object to as undesirable. I am, &c. (Signed) JOHN BRAMSTON. w fl No. 299. The Marquis of Salisbury to Sir J, Pauncefote. — (Substance telegraphed.) Sir, Foreign Office, February 28, 1890. I HAVI5 had under my consideration, in communication, with the Secretary of State for the Colonies, your telegram of the 23rd instant, rep' ting the result of a preliminary discussion with Mr. Blaine and the Russian Minister at Washington respecting the area within Avhich it is proposed to prohibit seal fishing in Behring's Sea during a fixed period nf each year. Before coming to any decision with regard to the area now proposed. Lord Knuts- ford would be glad to know what \ icw of it is taken by the Government of Canada. I have ordiiii^ly to request you, in order to save time, to consult the Canadian Minister of ", who is now at Washington, on the subject, and to inform me of his opinion by tek-^utpii. I am, &c. (Signed) SALISBURY. No. 300. Str ,7. Pauncefote to the Maiquis of Salisbury. — {Received March 5) My Lord, Washington, February 11, 1890. WITH reference to my despatch of the 7th instant, I liave the honour to report that I liad a further interview this day with llio Secretary of State, at his request, on the subject of the proposed arbitration, and pro\ : jnnl assessment of damages. Mr. Blaine said that it might be ri>n\ lent if he were to put in writing, informally, his views as to the question to be arbitrau il, and the procedure to be followed in regard to the assessment of damages. He accordingly, in my presence, drew up a Memorandum, of which he afterwards handed mu a copy. It is in the following terms : — "The first question to be arbitrated is whether, under the circumstances existing < L the time, the Government of the United States was justified in arresting and detaining the vessels that entered the Behring's Sea for the purpose of killing fur-seals in the open sea. " In the event of the arbitrator finding that the Government of the United States was justified in arresting and detaining the vessels before described, th^ case would be finished. .,_ I 4H "In the event that the Government yf the United States was found not to be justified, tlic second question would be tlie aseertainnient of tlie amount of damages due to the Government of Great Britain, [f that anvcunt coidd not bu amicably detorniined by the British Minister in Washington and the American Secretary of State, it would be left to the determination of the arbitrator, who should find the amount according tu certain principles previously agreed to by both Parties'." .,„, n.^i^,,,, .. I have, &c. • " JT.r. iiv -s.', ' ■- .. . .: i ,,,, ... (Sif,-ned) JULIAN PAUNCEFOTE. No. 301. 'i^iij'. >: II J ; •-■! .«.• Sir J. Pauncefole to the Marquis of Salisbur!/. — (Received March 5.) My Lo"d, ." . . ■ , Waahinriton, Felmiary '2fy,lfi'M. I HAVE tho honour to inclose an extract from the " New York Herald " of ycstcwlay stating tliat the Russian Govtn'ument has contirm(!d the renewal of tho lease of the Russian seal islands in Bchving's Sea to tho Alaska Commercial Company. I am, &c. 'II ; (Signed) TULIAN PAUNCEFOTE. Inclosiire in No. 301. Extract from the "New York Herald" of February 19, 1890. [TiiK Fun-SuAL Monopoly. —Russia kenews the Alaska Company's Lease of Islands in Beiibing's Sea. ■ • . • [«y Telegraph to the '« Herald."] San Francisco, February 18, 1890. A PRIVATE despatch received here to-day announces that tho Imperial Russian Government has confirmed tlie renewal of tlio ]oas(< of the Russian seal islands in Beliring's Sea <^o the Alaska Commei-cial Comi)any of this city. This action is understood to be based upon a pers'iasion that tho Government of the United States will take a similar course with regard to its own seal islands, and that tho control of the scaUfur industry may thus be vested in a single mauagenumt. Incorpokation of an Alaska Commeucial Company in New York. Albany, New York, February 18, 1890. Tho Now York Commercial Company of Alaska (Limited), formed with a capital of 1,000,000 dollars, for carrying on mining, fishing, building, and commercial enterprises generally in the Territory of Alaska, filed a certificate of incorporation with the Secretary of Stat(! to-day. The incorporators of the Company are William B. Pope, Thnddeus D. Bradford, William T. Davis, and .John H. Droge, of New York; and Henry S. Tibbey, of Unga Island, Alaska. No. 302. The Marquis of Snlisburtj to Sir J. Pauncefote. ■I.-..:;- Sir, Foreign Office, March 8, 1890. I HAVE received your despatch of the 7th ultimo, reporting a conversation whicli you h;ii! held with Mr. Blaine on the subject of damages for the seizure of Canadian vessels by the United States' Revenue cutters in Behring's Sea. Your language on the occasion is approved. , ,',;;-. . . I am, &c. (Signed) SALISBURY. •'^m'nimfm'W 416 •!--• , ;t .oJ fuMJ »!' -.! > No. 303,; ..h,^^. .j,|j ^f, , wiiH presented l)y me to the Secretary of State. He was this day presented by Mr. lilaine to the President. On the occasion of our visit to the Secretary of Stale we hod some infornuil conversation with him as to the procedure to be followed in the tripartite negotiation. Mr. Blaine apparently considere.! that \vc siiould commence at once to discuss the limits of the proposed close season as regards its area and duration. I pointed out, however, that I deemed it essential, in the first place, to examine the evidence on which the United States' Uovemmeut base tlieir contention .as to necessity for a close season. Mr. Blaine objected that such an inquiry would cause a delay of several months, and • Noi. 280 «nd 300. ' • '^. t No. 3P:'. 418 that it was iinncccsaary, as the case f"' a cIohc season had been t'Htablislietl hy the evidence of ninnerous United States' otruriius and exports, and tlmt the result oi' tlicir rescarciics and practical cxpcrionco during the last twenty years imd already hccn published to the world. I replied that their evidence bad been contested, and that, in m^ opinion, it wan of the highest importance that a conclusion on the point should, if poss'.ble, be arrived at in the course of the present negotiation, for the satisfaction not onl' of my (iovcriniicnt, but of all the other Governments who, if an arrangement should bo concludod, will be invited to accede to it. I urged that no delay would bo occasioned, as I could not sec any reason why «p should not proceed provisionally and concurrently with the other qucHtioiis involved, sudi as the area and duration of the close season, the consideration of which would he materially assisted by the inquiry I proposed. After some furtiier discussion, in which Mr. Tuppcr took part, Mr. Blaine nj^rced to furnish extracts from the evidence already published by his (Jovornment, on whicli they relied as establishing the cose for a close season, and it was arranged that the first meeting of the negotiators should take place at the State Department on Monday, the 3rd instant, at 11 o'clock. I have, &c. (Signed) JULIAN PAUNCEFOTE. No. 306. Sir J. Pauncefote to the Marquis of Salinbury. — {Received Aliirch 17.) My Lord, IVanhinyton, March 4, 18!)0. WI'Tir reference to my despatch of the 20th December, I have tht honour to inclose an extract from the " Wa-hington Post," in which "t is stated that the North American Commercial Comi)any of New York and San Francisco have been ,':;riiiiti'(l n lease for taking fur seals upon the Islands uf St. Paul and St. George, Alaska, fur a period of twenty years from the Ist May next. I have, &c. (Signed) JULIAN PAUNCEFOTK. Inclosurc in No. 306. Extract from the " Washington Post" of March 1, 1890. Alaska Fisdekiks Lfase. — Secretary Windom has directed a lease to be made with the North American Commercial Company of New York ond San Franinsco, I. Liches, President, for the exclusive privilege of taking fur seals upon the Isliiiuls ot St. Paul and St. George, Alaska, for a period of twenty years from the 1st May next. The following are the names of the Directors of the North American Commercial Company: Lloyd Trevis, Henry Cowell, Mathias Meyer, and Isnac Liebes, all of San Francisco, and Albert Miller, of Oakland, California. Mr. David 0. Mills, of New York, is a Director of the Company. Its capital stock is 2,000,000 dollars. The annual revenue to the Government under this lease on the basis of 100,000 seals per annum will be about 1,000,000 dollars, as against about ,'500,000 dollars under the present lease to the Alaska Commercial Company. No, 3or. Sir J. Pauncefote to the Marquis of Salisbury. — {Received March 17.) My Lord, Washing! on, March 7, 1890. I HAVE the honour to acknowledge the receipt of your Lordship's dcspatcli of the 12th ultimo, in which you re(|ue9t me to bear in mind that all proposals from the United States' Government for the settlement of the Behring's Sea should be received by ine ad referendum, and I beg to state that I shall strictly adhere to your Lordship's instructions. ■ ' '^s:; I have, &c. (Signed) JULIAN PAUNCEFOTE. PMMPP 417 lere to your No. 308. Sir ./. Paunccfote to Ibr Mnrquis of Snlisbur;/. — {Recpived by Irkgrnph, March 18.) (Bxtrnct.) WoHhhujloit, Miinlt 18, 1800, AVITH reference to my (leH])atch ol" llic Ist inslunt, I Imve the honour to report tha' tlic Ik'hring'H Sea ncfj;o(ialioiiH liav«i c'»nic to n dendlock, owluix to a eonilict of cvidoroc in rcRiird to the neceRsity for a elo.sc season for flic fur-Hcal lishery. Mr, ninine and M.ile Struvo l)otli n^roe that the iiroHervation of tlio fiir-Hcal Hpccien is the sole ohjcct in view; but they insist, at the same time, that it will necessitate the total exclusion of sealing vessels from Helirin.i's Sea dnrinf? the dose season. Mr Tapper, on the other hand, maintaiim that no close Bcason is necessary at all; Iiiit I believe the Canadian Government are ready to give way to some extent on this point. Mr. Bliiine says that the arguments on his proposal are exhausted, and has called upon ine lo put forward a roiinter-proposal. 1 liave accordingly prepared a draft Convention, which, 1 venture to state, oilers the only prospect of a possihh? arranjufcinent. Mr. Topper lelt for Ottawa last night, taking with him a copy of it, which he will submit tor tiie consideration of the Canadian v'Jovernnicnt. I will i.ot fail to telegraph the rcplv of the Canadian Oovernnicnt to my proposal, and siiall then await further instructions from your Lordship. In the mcai;wliilc, negotiations are suspended. No. 309. The MiirijHU of Snllshury to Sir ./. Puuncrfote, Sir, Fnrrign Office, March IP, 1890 HKR iMajosty's (Jovcrpnient approve your proceedings in connection with the negotiations for tin.' estahlisbnient of a close season in the Uohring's Hea seal fishing, as rpportoil in your de.spatcli of the 1st instant. I am, &c. (Signed) S.VLISBURY. No. ••no. VolonidI Office to Forciyn Office, — [Received March 20.) Sir, Downiiuj Street, March 19, 1800. WITH reference to previous correspondence, I am directed by Lord Knutsford to transmit to yo'i, lor the informal ion of the Manpiis of Salisbi'ry, a copy of a despatch from the (Jover'-M-Ceneral of Canii'bi, I'orwarding a Sci>cdule of the claims for com- pensation for dauiages resulting from the seizure of Briti.sh vessels in Hehnng's .Sea. I am, &c. (Signed) JOHN BUAMSTON. 1 indnsuro 1 in No. -310. Lord Slanlei) of Preston to Lord Knutsford. My jjord, Uovernment House, Ottawa, February 3, 1890. 1 HAD the honour lo send lo your Lordship to-day the following telegraphic message in code : — "One additional claim lor conijiensation '.Minnie' 10,400 dollars. Summary of claims by post. Have sent copy, for his information, to Minister at Washington." I have now tlie honour to transmit a copy of a I'rivy Council Order on which mv telegram was based. A copy of this Minute hat been forwarded to Her Majesty's Minister ot Washmgton, for his informatitm. I have, &c. (Signed) STANLEY OF PRESTON. ill i [128J 8 H I 41'^ Inclosure 2 in No. 'MO. Report of a Coiiiiiiilhi'^ of the llonotiruhle the Privy Council, approved J)H his Exeellencij the Governor- (ieiieial in L'oKneil on the '•^rd Feiiruory, 18!)(). THI'j Committee of tiie Privy Coimcil have liad l)et'oic them the eiiblcf^ram from the Right Uonourahle the Secretary of State tor tlie Colonies, dated the .10th January, 1890, of whioli the suhstunee is as lolh)«s : — "Are tliere any further ehiims for ei/mpensation for Behriug'H Sea seizures, niid can you state tlieir amount?" The Minister of ^Inrine and iMslieries, to whom the eahle^ram was referred, observes tliat my desijatch of tlie (>th danuary inclosed a copy of an Order in Council of the 28th lieceniher, 1SS<), in reference to the comijcnsation claimed by the owners of the "Kate," and tiint. a <'laim on holuilf of the owners of the "Miniiie" has, since tlic dnte of the despatch alluded lo, hi'en formally made and forwarded to the l{ity's (.overnnient. recommends tliiU the appended re])ly to the above message he forwarded by your Kxeellency to the Ivif^hl Hoimurable the Secretary of Stale for the Colonics, for the information of Her Majesty's Government. The Committee advise that your ilxcellency be moved to cable the reply as herewith submitted. (Signed) JOHN J. McGEE, Cl"rk, Privy Couuvii. Appendix. Proposed Rvplij from his Esrellenei/ the Clovernor-Generdl to the Uiijht I lonniiralilr liir Seeretiini of Stdte for the Colonies. foUowuij'' claims have reuehed my Government, and have been dul} TriE forwarded : ISSll. 188t). lf?80. 18SC). 1887. 1887. 1887. 1887. 1887. 1887. 188!». 1889. 1889. 1889. 1889. 1889. 1889. 1889. r>,Ot»0 dollar." Comleiia," -tOJ.SSt dollars ; and personal claims, , Onward," Till, 181 iloliars ; personal claims, (),,")(I0 dollars. Thornton," 4;},y7(> dollars ; personal claims, 0,500 dollars. i.i....„_:t., >• I- i\i\,\ ,i.,n ■ Favorite," 7,000 dollars -■ Anna Hock," 4^,704 dollars personal claims, ,'^,000 dollar.' Sayward," 42,481 dollars; personal olaim.s, ;5,0()0 dollars. Dolphin," "i9.950 dollars ; personal claims, ."l.lCio dollars. (iraee," 07.901 dollars; personal claims, 2,000 dollars. •Ada," 34,518 dollars; persoiuil claims, 2,000 dollars. • Alfred Adams," 20,433 dollars. ' Whek Diamond," 17,185 dollars. ' Pathfinder," 2(5,705 dollars. 'Juanita," 14,095 dollars. ' Lily," 17,107 dollars. 'Triumph," 19,071 dollars. ' Ariel," 9,498 dollars. 'Kate," 11,210 dollars. ' Minnie," 10,400 dollars. No. 311. Foreign Ojfice to Colonial Office. Sir, Foreicpi Office, MarrJ, 20, 1890. WITH reference to my letter of the loth instant, 1 am directed by the Marquis oi Salislbury tp transniit herewith, for ilie information of Secretary Lord Kimtsford, a copy of a telegram from Sir J. Pauncefote,* reporting on the present state of the negotiations on the liciliring's Sea question. T am at t'lie same time to say that, before taking any further action in regard to this telegram. Lord Salisbury proposes t\> wait for information from Sir J. Pauncefote as to whether the Canadian i_loveiiiinent are disposed to take a favourable view of the • No. ao8. m Convention which lie lins drafted for fhc pro^ecfion of the fur Hen|s resorting to l^clirin.2;'s Sea." ( nni. &e. (Signed) P. CTT1?^I|;. No, ni2. SiV .7. Pinnirrf'ntp In llifi Mnn/uix of Sitl!sliur!/. — (l?i-ri-!rril hy trli-(/nipli, March Slfi.) My Ii"i'l. ^ WiiMnijton, March 20, 1890. r ll.W'I'i tli»> iioiKiur to report that .some ian Alini.ster), and myself took place on the "trd instant, and that Mr. 'I'upper, ithe Canadian Minister of Marine a'nil Fisheries, was present on the occasion. A lon<; discussion took place on the subject of n close season. Mr. |ilaine and .M. (le Struve contended that not only was a eU)se season indi'snen.satde for the preserva- tion of liie fur-seal species, l)nt that no close season would be etfectual for securing- the objei't in view unless during the period of its duration all stialing vessels of wlmtcvet' halioiialily were absolutely exehided from tile ]?ehrii;g's Sea. The Ixussian iMinister state(l that since the date of our preliminary meeting of the 22nd ultimo (reported by me to your Lordshij) on the same day), at which a line ol' Je'.niucation for a clo>ie season had been informally proposed by ^ir. Blaino and himseli*, he hiul received in.structions from his Covernmeiit to i)ress that the'Iine should commence he west from a point at the southern e.Ktremity of tlic fslilhd of Sag^ialicn, in ordel' mteet the rookery or breeding place on Hobin Reel in the Sea of ' Obhotsk'.' ' * ' "' On the other hand. Mr. ISliiine seemed disposed to agree that on the oast the line should terminate at the ICtOtli meridian of longitude west fnmi (Jreenwich, as originally proposed liy the United States' (iovernmcnt. .Mr. Tapper, who was then invited to express his views, strongly contended that a close season was not necessary for the preservation of the fur-seal species. All that was really retpiired ' for that purpose was to use greater vigilance for the protection of th6 rookeries against the destruction of seals on shore by marauding parties. Tins would be efl'cctually carried out by the United States' Government by the employment of additional eruizer.s, without necessitating the exclusion of all sealing vessels from the Iiehring"s Son for any period. A great deal of argument ensued on the evidence of particular witnesses and the reports ()f officials nnd experts, in the' course of which Mr. Hlaihe laid great stress on a pa^.sage in ihc Report of Mr. MowKtt, In.spector ot' Fishei-ics for British Columbiiii which is cited iu .Mr. I'.ayard's despatch to }Xr. Phelps of the 7th February, 188S. It ii^ to tjif ejleet that the enorniius catch of fur seal in liehring's Sea by .schooners from San Francisco and A'ictoria consisted principally of " cows" or female seals, and that, in view of the increase of vessels fitting out every year, there was reason to apprehend, in the opinion of the writer, that unless some measure of protection were adopted, the fur- seal fishery would soon be depleted. It was agreed to adjourn the meeting until we had examined a Memorandum of the evidence relied on by the I'nited States' Government which Mr. Blaine had promised to furnish, as reported in my despatch of the 1st instant. ' 'I'his Memorandum was delivered the same day, and Mr. Tupper immediatelr prepared a counter-Memorandum in support of his views. ^ < • . ,. r .-i^ liovh documents are in cour.se of printing, and copies will be transmitted to your Lordship as early as practicable." ' '" " ' '' ' ■■■nt !• '■■ [128] '■'■•■- •■• ''■■ 3 H 2 i i\ J: 420 Tlicy unfortunately present ho fjrcftt a (liverfjencc of opinion on nil the fncts rclatini' to tile iur-seiil fishery in the Hehrin^'s Sea, Ihiit Mr. IMiiine deciileil to invito M, dj Struve ami myself to nn interview on the IL'lli iiiMaiit, at whieii he ntateil that tlui perusal of Mr, Tniiper's Menioraiiduni hail convinced iiim of tiie liopelessnecs of ariivinf ttt a solution that would l)e satisfactory to Canada. He said lie had exiiaus'ted nil n,,, arguments in fiivmir of tiie proposal made hy the United States' (iovernmcnl two viiirs aijo, and he called on nie to make a counter-proposal on hehalf of Her Majust)', Government. 1 replied that 1 was reluctant to make a counter-proposal without previous rofcrtnco to your Lordship, but that I did not take so despondinjj a view of the situation as hf appeared to do. It littd been admitted and ajjireed that the sole object of the piopos; d arianifciiKiit was the preservation of the fur-seal species, and not the gain or henelit of any piirliciilnr Government or body of persons. I did not believe that Canada, in view of the contlictol evidence, w♦ '>y Assistant Secretary 'riclienor tluH (iftcriioori to the (lollcclor of ('ustdiiiM at I'or; Towiiseiid, Wasliiii^tou : — '• In the vear IHH7 the Deimrlmeiit. in n 7, hy ."aiitnin Siiepard. oftli,. Uevemie .Mariiii' Service, for violnlion of tlu" : enl l''ishcry I .aws, and was ordered to Siika, Alaska, for trial. Instead. Iiowever, her captain took lier to San KranciHco. JSiitMvas tliere seized hy the ('imto:i;s olliccr.-, hut was suhsecpieutly released hy direction of Secretary Faireliihl, on tiu' f,'round that Ihr Federal olUcers at San irancisco liml ny jurisdiction over otlenc<'s cominitled iir the Distriel nf Alaska. Under this ruliii;,' tii^ Federal hrins's Sea Convention. . ■ •' Inclosure 2 in No. -'US. TiOrd Xlanleii of Prrxton to Lord Kmits/nrd. ('relenraphic.1 (Roceivrd April 12, ISilO.) JltNIS'lMilR OF JIAIUNI'J has returned to Washington with our alternative proposal. \, e nie(piite ready to acquiesce in ;;enei'al principle of protecting seal life, hut are most anxious that ii; luiry hy experts nuiy jireciile permanent Treaty, as we hehevo the facts to 111' incorrect on which United States' pioiiosals arc hased. We suggest modus virendi for not more than Iwo years, during wiiich experts should determine the facts on which ])ermanent Treaty can lie hased. Cannot answer your (piesiion till we hear, which wo expect to do soon, from Washington. No disjiosition iicre to raise unnecessary ditficulties, but if we get no better terms than those proposed hy United States, seal fishery will be seriously affected. No. 319. Colonial Offirc to Foreign Office, — (Received April 19.) Sir, Downing Street, April 19, 1890. I AA! directed by Lord Knutsford to transmit to you, for the information of the Marquis of Sniisbmy, a copy ot a telegram from the Governor-General of Canad*, rfhorliti'; thnt liis (^lovi'rnmcnt acc('|)t with Hmiic iiiodificfttions Sir J. Pauncet'o'tos Hc'coml jfjft ConVi'mloii lor c'stiiMiHJiii'i'^ a flo.se sci^oii tor fur x'lijs in pijlirin;^'s Sea. liord Kniitsl'ord will Ik; liliid to linvo a co])y of tin; m-imu'iiI (iriitl, with the inod'ficB- lions siwgcstcd by the Domiiiioii rtovcrniniiiit. il it 1i;ih hix-n telo;{raplie'! liy Sir J. Paunccfotc. 1 am, &e. (Higiicd) JOHN UKAMbTON. w ■A 1 5 ! Inclosuro in No. Mil). Lord ISInnli'ii of Pritslon to Lord Knutxford. (TeleKTiiiiliic.) _ April 18, IbOO. Tlik I'riine Minister told mo tliis at'lornooii thnt his (,'abinet will accept Sir J. paiiiioelotcH second drail witii sonic niodiliciition.s, wtuch. in my opinion, do not i'ljuro il. I liavc tcicf;rai)hed to toll him ho. I \w\w ;;riivo dilliciilly is now over .so I'ur u» Ciinada ,8 concerned. 16 the tacts No. :VM). Sir J. Pauncefoic to the Manjuis of Halishury. — {Received April 2i.) (Extract.) Washinnion, April 11, 181/0. I IIAV'K tlie hononr to report that tiie ilono^raidr; Mr. Tupppr, the Dominion Jiini^tcr oi Marine and Fislieries, called on me yesterday on his return from Otta\ya. lie informed me thnt the Canailian Government ohjecled to my ])ropo.sed draft of a Convciuion for the Ncttlement of tiie Hohiiny's Sra question in so far as it admitted the ncne^sity of a clo-c season, and |irovided. iiltlionirh ; ovi^ionally. for the exclusion of sealers within u certain radius round the hrcediiii; i lands. I iindiistainl tliat thti ])iincipal ohjection of the Cnnadiaii Government to the iadilih clause is I hat it winild )iraciically have the eiiect of an admission that it was necessary Fnr till' prcs(;rvation of the fur-seal specie-, ; and they maintain the position that no interference with pclajiic seaiinji' is nece.jsary for tl'.e purpose in view. 1 am an.xioiis that the ])r()posal of Her .Uajes'^^y's (iovernment slioidd he practical iind 'ilieral, and sncii as will commend itself t • ilie sense of justice And iii.Jjiirtiiility \')\"a\l other nali(in>. On the other hand. 1 need hardly say how anxious 1 aui to ^iv'e.t^c utmost eil'cct to I he views and wisiies of the dominion (iiAurnii!<'nt i;! this nugotialion. I have therefore prejiared a new draft Convention, of ^vliicli l inclose copy, and in which 1 have followed, as closely as is consi.sient with the views aijovo expressed, the lincB indicated by the Canadian Government. I am sendinj? a copy of the new dralt this day to L<;id Stanley, together with a copy of this despatch. In the meanwhile, [ should be j^rateful if your Lordsiiip winild inform me by tcjlegrjim whether you concur in the views I have expressed and approve of the new draft which I have prepared, or whether yon di;sire that I should adopt the tirst draft a> amciuled hy the IJoininioii Government, as the counter-proposal of Her .Majesty's Government. [For draft Conventio.. as proposed to United States' (iovernment, see Inclosure 2 in No. 32(i.] No. .321. air ,/. Piiunci'futf !u lite Muiquis of •■iuliKijiiri/. — {Received A'pril "J.").') MjLord, Washinyton, April 15, lSi)0. WITH reference to my despatch of Mie ^Ist ultimo, I have tl|e lippour to hiclose herevyith copies of the correspondence r,elatJn^' to the l^ur-seal . ^slaerias . an Bekring's Sea, wiiich I iiave just received from Mr. lllaine, and >vhich consists of tilt f 124 evidence furniflhed by exports and ofHccrs o: the United States, and the counter-evidence furnished in reply thereto by Mr. 'I'uppor. on he question of the extoiininailon of the fur-seal specfes by the killing of seals in the operi sea. I have, &?, (Signed) .laLTAN PAUNCEFOTR, Inclosure iu No- 321. Correspondence rclnting to Fur-Seal Fisherie.1 in Behriiu/'s Sen. Mr. Blnine to Sir J. Pauncefote, My dear Sir Julian, Department of Slate, Wasfiint/ton, March 1, 1890. I HA Vl'j extracted from ofTicial documents and appended hereto a largo mass of evidence, given under oath by professional experts and officers of the United States, touching tlio subject upoi' wliich you desired fiu'ther proof, namely, that the killini; of seals in tin- open sea tends certainly and rapidly to the extermination of the species, [f further evidence is desired, it can be readily furnished. I have, &c. (Signed) JAMES G. BLAINE. From the official ileport made to the House of Tlepresentatives in "'880: — in I'oiTJuv yt'iirs I'liv-soals wcvc (buml in grciU tuiuiliers mi viirioiis islands ut iiltt'v II (.'oni|mriitivi.'ly slmrt jierioil of imiisi'viiiiiiiato sliuij,'ht«v tlic vnokones wi'io ihiscrttd, the aniniiils hiiving lici'ii killed or drivon I'nmi tlicii' lifinnts ; so that now the only I'xistini; ninkmc.' an- tlio.su ill Alaska, a'.olhcr in the? lUissiaii part of l)eliriii!,''.s Sea. and a lliiiil on Lobos Island, at the raoiitli of the Jtiver I'lale in South Anieriea. All these rookei^v are under the ]mitc'ctioii of their several (ioverunients The liest I'stiniale as to the nimilier of these animals on the Alaska roo.Lcrie.-- places it al aliout 4,()0(l,()0(l ; hut a marked diniinution of tlie nundiers is noiieed within the 'ast two or three years, which is attrilin'.e.d l>y the testimony to the fad that iiiiauthiiri/ed jiersoiis .hiring the saiiiiiiers of lS8(i, 1S.S7, an.l l.S8,S had litted out expeditions and cruizeil in Ala^ikaii waters, and l|v the ii-c .■' Mre-arnis deslroyed liuiidreds of tliousands of these animals Mithoul regard lo aj^e or sex. The law prohibits the killiiif; of fur-seal.s in the Territory of Alaska or the water.s Ihereel, cvitii, hy 'he les.^i f the Seal Islands, and the lessee is jiermitted to kill duiini; the months of .huio, .Tuly, Sepiember, and October only , and is t'orbidden to kill any seal less than I year old, or any female scj, "or to kill such seals at any time by the use of lire-arms, or by other means tending to drive the sd* away from tho.se islands." (Uevised Stat".tus, section I'JCtl.) Governor Simpson, of the Hudson Bay Company, in his " Overland .lourney Dound the WndJ," 1841-42, p. i;?0, says :- •' Somi' twenty or tliirly jear» a|(a there wns n in(vst vimlelul ilmtnietion of i!io tciil, ulieii younn niiil old, mnli' anJ ffmnlt, %m indiscriiiiiiiiilcly ku.icki-d in rlio lii'ml. Ttiis iiniirtKieiice, iih nny one inighl linvi' p.!|U!Ct('(l, |ir(ivi'd di triinfntiil ill two w.iys. ll.pract WHS almost fMirjiiUecl, und llii' market win iilutli'd lo sucli u di'grir, iil t!ie riilo lor some tinii' of iOO.OOO skins u-yi'ar, Ihiil III.' |iriett dill not i'\on pay lli>' expcnsea of Mrri.ii:!'. Tlie Itiissiiins, Imwi'vi-r, iiiive now ado|iti'd nearly llie .■^ame plim whicli llii' IliicUun Bi; Coin|inny |mmsui's mi re. ruiting nnv ui its c.\li,ii:sted di^tri>■t.<. killiiif; only a limited number of Micli nudes ns lime ii'tained llirir full growth, a plan peculiarly applicalue to the I'ur-jeal. iims'.meh as its linhits render a system of husbandini; the stork as eniy jnil ecrtatn its that uf dentruying it." In the year 1800 tla rookeries of tlie (ieorojan J.slaniis produced ]lli,(MlO fur-seals. Knim L'si'li lo 1S23, .says the. " Kiiry>diipa^dia J^rilaimica," "the (ieorgiaii [--hiiids proiiiiced 1,200,(1(10 seals, and tin- Island of Jiesolation has been iMjUally jiroductivc.'' Over !,0I10,000 were taken from (he Jslaiul ef Mas-ii-Fiiera and slopped to China in ITit^-itt*. (Kanning's 'Voyages I , the .South Sea," p. L'il'.l.} In JS20 and 1821 over liOil.i (10 fur-seals were takeii at thu youth Shetland Islands, and (JiipUim Weddell slates that at the end of tin- seeond yf?ar (he s]ieeies had there become almost cxterniiniiU'!. In addition to the iiuiuliia' killetl for their fiirs.'he csiimads that "not less than 100,000 newly-lNini .wjung died in conseipieiu'e ol the destruction of tiieir mothers." iSee Klliott's Keport, JK84, \\ I IS.) In 1880 the se.iijily •<( fur-seals in the South Seas had ,so greatly dei'reascd that the vessels v\\'^^n\ ill this enteriirise ■generally made losing voyages, from the Jaci that those jilaccs which were the ivsort of seals lind liei'ii abandoned by them." (Kaiining's " \'oyage:!," ;.. 4.'<7.) AtAiiupodex Islaiul, olf the coast of New South Wales, 400,000 skins were obtained in lllL■v«l^ 1814 anil 18io. Referring to these facts, froicssor Elliott, of the .Smitlhsoiiian Institution, in his able h'eiion oi. the Seal Islands, published by the Interior Deiartment in 188-;, says :— " Thiii gives a very fair idea of the mn'in. r in whieh tlie linsine.si wa.s eondneted in the South Paeifie. Mow lone vtnuld otr ■ealinf; inlerehts m IlehrinK'i Sea withstand llie atiaekt irf sixty vesseU earrjin^ from twenty to thirtv men eneh .' Noliitertm reasons. The fact ihdt these great southern roiikiTii.s niil|..i.,oil and paid for ultaeks of this extensive eharaeter during a pfrindoi more than twenty yearn ipeaks eleq-iently of the millions upon millions that must have existed in the waters now almost deserted k> them.' m lul the W.iikl, 425 Mr. i!- If- *^'l"M"-''i "f ^""' '-"'kIi'Ii. Ciiiiuucticut, wlio^c vf.ssuls liiiil visilcil all llio rookniiiis of Iho Kiuth I'liBit'i'i ill Ills written :xrP!>n "f llii« trade in fiir-frtil ).kins, iind thf iiiiii4<'s n(' its prd.si'i utiur 'uUinK iii ulniost total tiniitliilittiofi I /.{,,. MiinKilfl in iioino Inciilitir.H, it in stated ou f^'uod iiii'lnirity that, tVinn ubiMit 1770 t,o ,,():), KttrgueliMi Laud, in tlii! Indian I nnan vit'lilod (o tlie lingliyli traders over 1,(10(1.000 HltiiiH ; but tjprii I'uinpntition :-*i!|it idl' tliu Iterdn that reported tlitfri', and since (Ii£ latter Tfur liordly loo per unnmn t-imld he tibtuincd (in ail its liini; coa-st. AftiTcirds ,Mas-;i.I'iuTa Island, near .luin IVniundox, astiBitrd. and Ott.OOO a-ycar were oljtaiiird ; hut rs every one that dc?(I'<" 1 c'"^ Shetland Islandi^, niitl Snulli Auieriean eoasts, near Cape llurn, vnmv t \t in order; liere the ^eal were very I [iiinilant. It i--^ stated that at the Shetlands alone lUO.OOd per annum ndfilit h;ive been or» i.in(;d and the riH)i{rrii-s preserved, i f taln'n 'Ciier proper restrietions ; l)ut in the enp'rness vere kitleil at the vln'ibnds iilene. .\n American eaptain, describing in after jears his .'ueeess there, says : ' We went the first year with one vessel and I". 1,200; tlie second year with two vissels, and obtained SO, 000; the third year with j-it ve>sels, petting otdy l,7(;0~all there i ni Wt-' •.\s(a.dl i'e,(kery is still preferred at the Lobos Islands, off the River La Plata; this, lit'ing carefully guarded under strict I _*u]aiJon9 hy the (Joverninent of 11u(>no8 Ayres and rentetl to proper parties, yields about .5,0110 skins per annum. As late as the I irar 1S54 a'sianll island, hardly a mih- ntrross, wna discovered by Americans in the Japan Sea, where obout 00,UUO seals . ^rted linnuallr. Trad'TS visited it, and in tlirei' years the cluh and knife had cleaned them all iitf. Not 100 a season can now be tound I llitrf." Jlonoiiialilc C. A. Williams, of Connecticut, who inherited tli(^ whaling and sealing I business tVom liis father and grandfather, spcakhig of the seal in the Sout'- Pacific, Lmvc the following testimony before the Congressional Commiltee : — The history of seiiliii^ gois biwk U\ about 1790, unil from thitt to the eiirly part of tliis (^eiitiiry. In tlio nai'lier perioil of vvliieh I speak there wore no seals known in the North I'acilit; Ocean. Il'lieir piirtioulur iinuiit was tlit^ South Atlantic. They were discovercil by Cook, in his voyages, on the I Island (if Desolation ; by Widdall, in his voyages to the South I'ole, on the Island of South Ucor},'iu [and Sandwichland ; and by later voya<,'er3, whose names escape niu, in the ishiuds of the ,S(jiith l'iit;ific [Ocean. When the number of seals on those islands were first brought to the notict; of Hritish I merchants, they pursued the hunting of those animals on the Island of Desolation. Tiie most authentic authority wo have about the matter is derived from reports made by these jvoyngers as to the number of seids taken from those places, and, although they arc not entirely Lccnrate, 1 think they are fully as uccurato as could Ix! expected, considering the lapse of time. On [ihc Island of Desolation it is estimated that l,i!00,000 fur-seals were taken ; from the Isliiiid of South lOeorgi.i ii like number were taken, and from the Island of Mas-(i-l'"uera jiroliably a greater number Imre tai«';i. As to the Sandwichland the statistics are not clear, but there can be no doubt that over 5110,000 seals wi^re taken from that locidity, and in 1820 the Islands of Soutii Shetland, soutli of Cape Join, were discovered ; aiul from these isiaiids 320,000 fur-seals were taken in two years. There wore jotlii'i' localities from which seals ,vere taken, but no others where they were found iu sucli largo I minibers. The cause of the extermination of seals in those localities was the indiscriminate chararter of the I sluuglitcr. Siimelimes as many as fifteen vessels would be hanging around these islands awaiting [opportunity to L'et tlioir catch, and every vessel wouhl bo governed by individual iiit("iests. They ItoiiW kill everything that caiiio in their way that fumi.shed a skin, whether a cow, a bull, or a middlo- [jirown seal, leaving tli(> young pu]is just born to die from neglect and starvation. It was like taking a [herd of cattle and killing idl the bulls and cows and leaving the calve.s. The e.\torii;iii;ition wa.s 3( I complete iu these localities that the tiaiio was exhausted, and voyages to thosi) ])laces voro abandoned Uliout IbTi), nearly fifty years aft(^r the di-scovery of the South Sh(;tlaud Ishmds, when the occupation [of Alaska l)y the cession of liussia to the Unitoil States of the Behring's Sea was brought tdiout TIic Chairman. — 1 want to interrupt you to ask a question bearing on that point. Were those [ rookeries in tlio South Seas ne\ei' under the ]irotectorate of any Government at all '( The ]\'ttiu.s.t. — Never ' was going to say that when the cession was made by Kti.ssia to the ! United States of this territory, aii'l the stdiject of the value of fur-seals, or tlu I'l'-isildo value, was I brouglit to mind, people who hiul been previously engaged in that busiiu^ss reviiitcd these .southern iWities after a lapse of nearly fifty years, and no souls were found on the Island of Desolation. [These isl.'ids liave been used as the breeding-idaee for sea-tdephants, and that eivatuio ijiinnot be [exterminated on that isliml, for t ho rea.son that certain beaches known as "'veather beache;; " are [tkre. The sea luwiks rudely upon these beaches, ami it is impossible to land upon them. Tliero are "(fs, something like ;iOO to COO feet, of shore iio, and the sea-elephant finds a sale resort on the.se [ksidies, and still ])reserves enough life to make the pursuit of that animal worib I'ullowing in a I small way. I ]i;ive vessels there, and have had, myself and father, for fifty or sixty year.-;, lint this is [iiicidcntid. Tin- Island of South Shetland," and the Island of Soutli (ieorgia, and the Island of [Sandwichland, and the Di(!gos, off Cape Horn, and one or two other nunor jioints were I'niiud to yield I more or less .seal. In this period of lil'ty year-i in tbe.se localities seal lil'e had niMijieratcd to such an latent thai there was taken fidiii lliein in the si.K ve.'irs from 1870 to ixTii or 11^77 jiorhaps MO,000 skin-s. Q. .After they had been abandoned for fifty yearn? — A. Yes; to-day they arr again (exhausted. [The last year's search of ves.sels in that region — I have the statistics hero of a vessel frimi Stouington [from the South. Shetland Islands, reported in 1888, and she |)roeured thirty-iiiiie skins as the total [ result of search on those islands and South Georgia. 'Ine of my own vessels procured sixty-one skins, incUuliu^ uleven pups, as the total residt of hor |:i I i 4r [128] 3 I v^yogo; and, I'scont uboiit ('iiiw Horn, tlieii" ore, in my opininn, no seals ntinainiiif;. 1 ilii iii;|, |||j,l that 100 seals coulil bu pvdinued from nil the loi.'nlitifs mcntioiicd liy a close soarcli. Any orir i,i t|||„ localitU's V liiivi' nanu'il, miller proper protection nnil veslrictions, iiii;jlil have iieen r''''P'''"!'lf'iliM« bleeding phie,.' i'oi seals, yiiJtling us irrcut a number jier aiumm as dn ilic islands hc;lon;;i;i;,r to ||„ ITmittHl States. Now, the trnile in thoso lo(uililies is entii-oly oxhauated, and it wmdd In- inipossihhi in a . , iitimi,, rowlock tlioye. islands, or brin^' them back to a j)oint where they wimld yield u re.isonalile. relu.n liirtU investment of eajiital in hiintinu: skins. Tiiat. in briel', compleles tlie history of Uui I'm' ^i;d in |V S6ntb Atlantic Dci-an. l>Hiiijrr I if the Krlcniiinnlum. of the Jlii.sht .linn/cn-ir.'i. We huve already nienlioned that the present, number of seals on S(. I'aid ;iiid SL. (Icdi'M' l^jim,,!, has MiaterJally diminislieJ iliirinj; the last two or three years. Thi^ teslimuny discloses tluUail, tlm Vwm: nnmher of lirilisli and Amerii'an ves.sels, laaiiiied by expert Indian seal-hiinlcrs, lia\c IVeiiiientiil PionriniJi's Sea and destroyed hundreds of thousands of fur-seals by slicioliii!; them in tln> \.;itir, mui scouring lu-i many of the carcases for their skins lus they ^^■ere aide In taki' uri liuurd. The tijsliinnnv.i tlui (tovcrnnient A>»enls shows that of the number of seals killed in the water not more llian mii.m sevi;n. on an avera;j;e, is .secured, for the reasoir that a wounded .cal will sink in the .sea: .mi tliiji f,,, every l,Ol)(i .sealskins secured in this manner then^ is a diminulion of seal life at thoso ro(iki:n(...sii( ji least. 7.0IIII. Added to this is the fact that the shootiii"; of a female, seal with yonn;.,' ciiiuscs iliddcatii of both. If tlu! ahootiu;; is before delivery, that, of eourio, is the eml of hoili ; if at'ler, the .5 .unig stjl dies for want of sustenance. lltnim; the season of IS.s."! the number of contraband sealskins placed on the market wu.-i n,., la.OOO; and in lS8t>, L'.j,l)(Wl ; in 1H87. ;i4,00i) ; and in [HHH the nnnihcr of illicit skins s.vnml ,,, Utltish cruizers was less than 2rp,(M)0, which nuudier woidd have. Imhmi largely incjva.swl liail v,ii{, [][,, seaKoii been very stormy and lioistenuis. American citizens n^sjKM'te.d the law and tlai inihlnm notice of the Sccretiiry a,lv 751I.OO11 fur-seals, caiisin;^' a loss of revenue anioiinliiip: to ovor 2.000,tl0(l dollars, al the rate <.)' lux nnil rental paid by the le^^si'c et' the Seal Islands. ' ; ' 1: , ■ I/imilullou : the Lessee forbidden to kill nnij Frimili' Seal. Tlic Ibllowinj;' is aii extract, from the oflicial Report to Congress :~ '["he lessee is permitted to kill IdO.iKMI fur-seals (Ui .St. L'aiil ami St, tJcurge Isliinds, e.id im iiu*, and is |irohibiled from killiuji any female .seal or any seal less l.lian one year olil, and from killiiurauy fur-seal at any time except durin;.; the lanuths of .luiu', duly, isepicndicr, and Oclohcr, and ficni kiilii;; such seals by the u.se of lire-arms or other moans tendiuL; to drive tlu^ .seals frnm said isliind.s, ainiiinin 1 killing any seal in the water ad,iacenl to said island^^, or mi the beaches, ilill's. or rock.s wher ■ llwy Im,i1 | uji from tlu sea to ivtnain I'^urtlier cxtraet i'roni Iteport : — It is clear to viair Coiumillei', from the procif sulimitted, that to prohiliit scal-killin;_; eti ilieSo.il I Islands, and jicrmit. the killing in Uehring's Sea, would be no |MotoctiiMi ; hn- it is not on tl:;! idinils I where the destruction of seal life is threatened or seals are unlawfully killed, but it is in llinl iwrtotl ISchring's Si>a lying between the eastern and western limits of .Vlaska, as ilescribed in tlie Tralrofl Cession, I hnaigh which the seals pass and repa.ss in going to .and from their fcediiig-groaiub. ■^mcf ^ .'iO miles south-east of the rookeries, and in their annual mi.gratious to ami from the islands. Extract from ttcpiirt of L. X. Jiiiyiiit.sky, A^cnt of tlie Trca.sury in 1870,10 Honoiiriiltlo (ieo. .Ij. BoiitwcU, Secretary of the Treasury. It will li(> observml iliat tliis Report was iii.ado in 1870, Ijclore any dispute liad arisen Aviih the ("aiitidian scalers: When the herd has liccu iliiven a certain distance from the shore a halt is made, and a .■■(irtliig ii( I the game i\:- in age, sc.\, and conditi(Mi of the fur is ellected. This operati.in icipiircs the exeivisi'ota] life-long expiiieiice, and is of the outmost iniiiortaiice, as tlio killing of females, which iauowilyl mistaken for young males, even by the natives, wmild endanger the propagation of the .sjx'cii!.'.'. Tiic .same witness, when not an employe of the Ti'casury, g:av<* tcstiiuoiiy tiiil another point in 1889 : — \i. Wlure are, those seals born ! Where do tlii^ I'omale seals give birth to their young i' — A. Tliijl are burn on the ro.i(| of St. I'aul and St. (icorgc. (j. That is in United State's' territory ? — A. Yes, yir. "Fisheries" is a .misnomer all tlicviyj Uirough, Hiid alwavs was. icIk, iiiiil 111) luiitt, ][. A. (jliddcu, :iu A^out of tho 'I'roasui-y Depart iiKMit, was on th«,* I'j'ihylOT Islands ffom Muy 18H2 to Juno 1885. Iii dcscriliing before the Confrrossioiml Cflmmitt(!() tlic mode of killing seals by the lessee of tiie islands, the t'ollowing flcrurriNl :— ' ' 0, I)ii thuy kill any I'cmiiK's '—yl, 'I'lmy iKiVcr kill ri'iiiiiliix. 1 iln mil know nt Imt miu ur Ivio ,i,,nfes in my i;xiitiiii'ii(;<' wlicio ;i tumiili! siiiil wiis (!Vi:r (liivcn nut willi lim crowd. " »♦•«•» 0. Do you licliiiVf soul lilV cnii ln' piosurvtul witlmiil (loviMiitncnl |H(itc!Ctiou uvi'v Iheni ? — A. i ,\u nut. ■ f \V. It. Taylor, a Treasury Aij^ont, was asked the same ([uestion as to the killing of |oiii;ilc .':e:ils, and he said that "he had never known but one or two killed by the bw'C on the islands, and they by aecident." lie was f iir(li(>r asked as follows : — Q. Wlion tlicy kill tiid seals in (lie, waUir.s, nljnut wiml imci|i uliun ul' tlicni dn they ri'i'ovcr ( — A. T ij,, iKit liclicvii nioi'c tJian onc-l'imrtii oftJKini. Q. Tin! others sink f—A. Tlicy slidot, tliciii and llicy sink. Q. llavo yon ever noticed any wiinndod ones thai came ashniv ihiil, luive Ijoen shot f — A. Mo, !Sir ; [lilonol^ think I did. 'file same witness testified as follows : — (/. Yoii do not tliiiik, tlicii, that the value ol' the seal fisheiii's and ihe s(';d niokeries could bo I ]ir(w'ni:d uimIcv an ojien ]i(plir,y ? — .f. No, Sii' ; I do not. f thiid< it vdu open it they will be destroyed williiiat ehrin^''s .Sea, liecause thei'e is no cousideralile nnuiliin' of I llif 111. ^. Are they HO dispersed in the I'lieilie lliat they would not lie liable to destruction ^ — A. Yen, l.Sir; tliey arc scattered very nincli, and no hunters do nnieh hiintiiij; in the Pacific, as I understand. Aiiiitlier reason why they should he jirotceted in all the waters of the Hell ring's Sea is this: a larfjc t miiiiluT of .seals that are on the islands of couise eat a j^reat many fish ever)' twenty-lour hours, and fish have lie(^ome well awai<' of the fact that there are a ^ood many seal cm the Seal Islands, and [iJii'y .stay out a loiisjev distance from the islands, mid tiu^v do rot come near the shore. It becomes I ncce.s.siry lor the .seal themselves, the cows, to ^o a j,'ood distai ce into the sea in order to obtain food, [ami it is tluu'c where most of the dainaj^e is done by these vessels. They catch them while they fare out Q, So on the rookeries they j;o out daily for food :' — ..I. The cows j^o out (;very day for food. The juiUiH (111 nut ;.;o ; they stay on the island all snnimer. The cows '40 HI and i'> miles, and even further, jliliniiit Know the avera,L;c of it, and they are. ,1,'oiiii.; inid coiiiiii:.; all the moiiiiiip; and eveniiifj. The. [sen is black with them round about the islands. If there is a little I'o^' and they {,'et out half-a-inilo [I'riiiu sliiire, wc cannot see a ves.sel — lOI) yards even. The vessels tliemselves lay around the islands IthpR' where they ]iick iiji a ;;ood many seal, and there is where the killiii,L; of cows occurs when they f^n |a.slinri'. I think this is woise than it would be to take 2."i,(ltin iinire .seal on the islands than arc now itiikiii. I think th( re i-i some daina^;e. (lone in the killing and ihootiie^ of ihe cows, and leavinj; so liMiiy yoanj^ without their niothers. Q. Is it your opinion that a, hirj^er nnmlier ol seals may lie taken auniially without detriment t<» ItliP roiiki'rics ? -A. No, Sir; I would not recommeiid thai. 'I'lic lime may come, but I think that one lycarwilli another they aiv takin;.; all they ou^hl to take, for this leasoii : I hclieve that Ihe caiiacity of the laill seal is limited, the .same as any other animal, and I hiive [very frcipiently cdunted from tliiily to thirty-live, and even, at one time, forty-two cows with one bull. II think if tlien; v/eiv iiiiiiv bulls there would \n) less cows to one bull, and in that way the incrcaso lnoulil he greater than now. While the number of seal in ihv a,u,L,'rei;ate is not aiijiarcntly diniinishe.d, lanil, in fnci, there is undoubtedly an iiiirea,se, yet if yon take any i^reater number of seal than is taken Inow, this ra'io of cows to one bull would he f,'reater, and for that reason there wiiuld he a less mimber lofynun;,' sea.ls, undoubtedly. 1 look upon the breedinii of the seal as something' like the breeding' of liiivdtlier animal, and that the auuni care, and ivstrictioii, and ju(lL;niPlit should be exerci.sud in this Ibrei'iliii!,'. Tiio sanii! witness U^stitied as follows : — y What will be the ell'cct upon the seal rookeries if this surie]itiliiiiis and nnlawfiil killing in the |lklmii,i!'s Sea is to he, )iiirmitt(ul ? — A. In my jiiilj^'iuent, it would event iially exterininale the seal. Mr. Vj. a. AVilli.-nns, of Omneclicut, before referred to, lestilicd as follows : — y. 1 would like to know — I do not know that it is just the proper time — but 1 would like to get fc'iika of those conv(!rsant willi the lialiils and nature of the .seal, as In what their opinion is upon the fet (if the indiscriminate killin;^ of them while they are coining,' to and goiii^' from the i.slauds? — Tliiil is a (piustioii which 1 think uio.st any of U:j hero can answer. If you note the conformation of [12^1 :{ I 2 *l I, 4'2H iho AltMit.iiiii IkIiiiiiI:4, wliicli rmiii a wall, iiiiil iiotit Uh< ^ii|i.h lliriiii;^li winch Mi<^ nimiIi cdini' f Fni'ilif' Oi'CHii Hi'i'kiiif' tlin liiiiiiii mi IIichi' i»|juiilH, tlnilr in llin wlmlc imiiit. Wlr^ii limy thowi viii'iiiim |iiiMMi'H, f,'('ii('i!illy lliroui;li tliii OiiiiiimK 1'iihh, tlii.i mcu Im ri>iimiiiiilily Himllciw, innl I, I'liiii III, tlirNi|-,|, I (umin laden willi pmis, wniliii'; iiiilil (lii' IiihI, hkiiiicmI in llii' wiilrr Id jjo mlmn^ hi ilclivcr, In can roll ami Ncnili'li niul lii'l|i iIiimiimi'Ivcs IwUit limn if llirv liaiil nul. wlii'ii licavv \vil MUKII l||,,j 1 |'ll|i. HI, III,,, I stay ill till' wiUcr |iliivlii'; nlmMl iiiilil llii'ir inn(inc'|, wiiins ilicin it ii lime In jmi uhIiciii', :iii.| 'liiiiii.,|||,'il tiiilo lliev are iimnHi'il in ftn'iil cpiiinlilii'.'i in (lie ncii. y. Niiw. in (lint view cil il, llie lieMlnu'liiin (if llii'iii lliiTe is nlninsl. |iriirl icnllv III'' h nm, i,., ,1^^ tlost.i'iietiiin (111 I lie inliin(lH I —A. Vch, Sir. Q. Anil llie eoiulilioiiH iitc n ■ ImiiI? ./. Vcm, Sir; iiml nl'len wmse. Inr lliis reiifdii : If vmi |,i||i \m]) yell ilcHliiiy ii Min;;le life, liiit in killing a cnw yen nnl unly ileilrny I lie life flint iiiiiy lir, |, SHllltxi iVdlil wliieli lile ediiies iiereiifler, iiliil when I hey me lulled llieve in tlio Wiil-el' hv n hIii Mil III, or II n|i(i|il' the |iid|iiirliiiii iinvcd by Ihe IniiileiM it |ii'dlialily mil ime in Mcveii. Miiiiatc; Ihiil dill, (if eielil hIihIh Ihey wdiiM niiv II llii^ hind, lh(is(i se\en wmild I'ci Idwanlt till (1 (iiie seal iind 'I'lmf verc Idsl. If 11 111. wnK 1,1 :iiiii iiiirimiil mil; (lilt their ncdie 'l'h(> s;nii(' \vi(iu>ss nUa (ivstilli'd iis IoIIowm: — (,). Iliive Villi inslniiled yniir iieeiil,t Id ediii|ily itiiclly willi llie l.iiw-: nml Iteeiiliiiioiiii i>| |i, 'lYi'iiNiiiv neiiiirliiieiil ' ,(. In every cii.ie ; vtv V I Villi Kill .■ie,il< w illi lire- a nils iit the isliiiulM, nr dn vmi juiiliiliil lliiil ' ,(. Nn, Sir, not iilldwed li\ (lie ,\, I, ni'\ir V I Id Villi kill llie female .seiil.s nr iilldw llieiii In he killed ' ,(, Never with 'inr kiniwli'ifi (i ynii kill liny seal,* under '.' yeais did ' .(. N'nl llial we are aware nf The sniiio \vi(iu;ss riirllicr ((>s(iti(>(l : -■ Q. Xiiw, 1 would like Id liaV(> yoiii' d|)inidii ii.m (o llie insiiirn ieiiey nf Ihe presenl iiie.asinvH ul,,|| liy the (•dveriiiiieiit fur the | in il eel inn of Ihe rudkericM, mid ydiir d|iinidti as to whether nny iiilililiiinjl Hafeuiiliird.'i are neees,iary I'er i heir )irdteet inn. ,(. 'I'hat Ihe present iiieasiiies me .sumew hal iii,-iiilliiiiii'| iswIidvMi liy the fiii'l thai lor the la.'(| three nr fniir \ear,s lliere have heen inere;i,sed ilr|ir(il.iiii liy mmIJ aniiiiall V ii|iim lli(i nuikerr cs. Mdi'ii .seals are taken within the limits of 11 ■!iiiiii''.s .S.m, f, were diily lakeii milside of I'leliriiij^'s Sea as Ihey passed up In Ihilish I'liliniihia, and nlf the iiniiilli ,ifl I'lif^et Siiiind. in the walers nf Ihe I'aeilie Deeail. 'I'liat was it le;;itimale jilaie to lake llieiii. iiiul ,;;,| afjain.sl whieli no olijeetidii ennld lie niised. Seals wliieh eoiiie ii]i that way enter Ihidii^li tin iif (he .Meiiti.iii Islands iie.irest to the mainlaml. and it has iilwavs heen the eii.sl Coliiiiiliia mil Sdiiiid Id interecpl ihe seal and !;e|. w h lit ihev eiiiild. Within the last Ia I nil ill l;i'i||.|i| years maiMiiders ha\e Inllowed them lliriiiij;li the passai;es iiilii riehiini,''s .Sea, and have willi i^iiih ;iii,|l spears lakeii llie seals as they lay iijidti the water, as I stated hefure, waitiiii; In haul iisliniii :ii|.| jm t.l loir pill le I'dWS are III avy with pup, mid they do mil like to ;;d asliiire iiiilil the last, iiiiiiii';i!, and sd they lie lliere in the w.iler, and this atVnids an npiinrl iiiiily fur these mar.iiiders In ,;liiiiil, ainll siH'ar tliem This is (Idiie hv ij:mi':,s of Imliaiis wliieli Ihev h, I'liev I me ;_;,lll;^ if llldil llllll them with (hem. The elt'ects of this shudliiii^ is nul aluiie njinn (he se,ils which are at If at, piiiiil.li; 111 it sl.irtles them and raise.s ii siispieinii in their minds, a, id tlii'nis: also uiieii those all aidiiiul, ain pMieral I'celiiii; of di^liirlianee such as you iioliee aiiioiig cattle when liear,s are aliiuit or that kind. iillii .\iul ;\'^:\\\\ : — (,', Now, Mr, Williaiiis. .-^lidiild 11 he linally iiseiirtailied niul cim.idriid hy mir ( ln\i iimn'iii, under the Ticalv ol (' hv uhiili W( wired .Miiskii frniii >u.',.>l,i, mi'l miller I lie l.iw ul ii,i the United Sla'.es does p,is-., .ss ami has ahsoliiUi ddmininn mid jiiii ,iliitl iver riehriii'i's Sea •aliMs df Alaska, would voii think it would ho ii wise policy to .id here to and maintain thai jiirisiliiiM II the len'.al sense ! -,l. Ill ili-| 1111(1 domini'iii iiimplelc. or wmihl i( lie wiser to deelar(| il the liiv.h sc,i i lipht ,i( to-(la\ 1 slmiihl say keep what you have pit, (,'. Ilnhi it as a (d(>S(|(l si^a (---.(. Kislicries wilhiii lhii,*(| limits are yet in In' develniiiil, iinl ; would seem t' such a (■' ur.-c. ry unwise In npcii up possili h' ti.sl icr\- I I'lilciiliniis wliieli ail' vcrv likdv I i (,'. N'du think thai would he, then, the wiser iiolicy to niaiutain such Jiirisdiclidii and (Inaiiiiin:! iJ we ha\e, and 1(1 cdiicede to the vessels of olhcr liatiniis such ri;;lils as are nnl iiicdiisi^tciil willi l'; interests which our iiaiieii has there and whieli need prdteclinii ' .1. l'!.\actlv that ; th.' ri^lilortn" tliltnn;li the .sea wherever they )ilca.se, hut posit ive prdlection to seal \i'x (^. Villi do not think it wdiild he wise to cranl anyiliiiii: ' t—.t. No, Sir; not at all. Q. .\ii(l in no case |( irreiider the power of iKiliciiij^ the s, -x ? — y(. No, Sir ; under lui rmi::' stftncvv (,'. t'enld thill p'lWii' .niil jiiiisdiclidii he siirreudercd and yd prescr\«' Ihii .seal lil'ii na l:;. okeries and the vaiiii' of our lislieiics that may he develnpcd there ?—„l, ( luly w illi very ^;ri';il r„iiiinilti'.^ nC (l)n'^rcm on .Mf-clruit. Mnriiii! and Kishci'icH, (ipiiciir-i (Im lollDtN iiij; : — IvMiiiiiiiiilion 111' llii' c'liilii'Ml I'cciHilH III' llii^ lur-.-'iiaJ tiHliiTy sIiow.h tlml I'li/iii ili" il;!!!; of mi.iii'h iri:(i}{iiiliiHi III' l.jii' viiliiii (if llii^ fill (lilt |iiii'iiiiil III' I hi; iiiiiliiiil luiiilii;.; it Iiiih Imi'Ii iiiii;i'.iiHiii<{ Mini ivii'lilli'"^- S;iM' ill llii' I'l'.W ilisliilin'M 1,11 1/" lliilf'i liiii'i'iil'lrr, \vl|i;li; fiiiViMliini^lllH liiiVi' ilitiirp'Hi'.il Inr till' |Mii|iini' 111' |iriiliT.I,iii;; i.cal lil". Imviii;^ ill viiiW liciii'lils lo in'rriiii in liii! I'liliiri', iIh' iiiiiinul Inw lircii Wiuiliiiily ''I'l'i^;'''''"'''- ^^'I'l II'' i'|';;iili| fur fl,'4l^ ki'\, or nuiiililinii. Tin; inulnii; iipiili', llii; liMPiiili! Iii;iivy willi yiiilii:'. Ill" I'lip' ''''l"'i"'''ii' l'» lil'' 'III I'lii' iiHil'li'M', I'lii'li mill nil liiivii li<;i;ii iMilt«;riiiiiiiiil>;ly killi'il iir li'll I" llii' "I «iitil. 'I'liin rnii'l mill iihi;Ii'Hh liiili'lidry jism ii'miiIIimI in (;citii|ili;tr I'Xii'r/iMiiiilion of I Im liir-Hi'iil Iniiii iiii!iililii'i vvliii li wcvi- niiri; f'iri|iiciili;il liy iiiilliuiiM nf tin; h|/i;'ii.'S , mid, so I'lir sui Uii'ii; loi'iilllii"! !ili' i'i)iin;llii;il, liii'i iplilil.i'iiiti'il mi iinliislry w liirli ii lillli' iiioii; i:iilij;lil,i;iiiiil Ki'lli;ililii'KH liii;^lil, liiivii pi'i'si'ivril ill ]ii'i)irliiity til I III! f^ii'iil lii'inlit. nf III! rmikH uf nvili/.nl Hm'ii'ly, Niilliiii;^ l';W) lliiiii Hl,riiii^i'iil I'lWM, willi will |MHVi-r In I'lil'miu; llii'in n^'uiiMl nil viiiliilir:i, inn pri' mtvi' T'lr nrinV Ih'Iii;!!!, Ijii- nMiiiiiiiil. iifii rni'i' iif iiniiiiiiN md intriviliii^ lunl sd iihi'I'iiI. 'I'lif iini'il, viiiiiulili' " luiiUcry," nr lin'riliiii,'-plMi;i', nl' IIii'hi; miiiniilH (;v(;r knuwii to iniiii in now in l.liii pips.si'HHioii of till! l'iiili;il Sliiti'X. How it liiiH liiii'ii niiiril fur in I'ornii'r yiiiirn mid lu'iiiulit, to iu prrsciili Hiiili' of viiliir iind iiKi'fiilni'fiM will Ik- sIiuwii liiti.T on. linl llii; iiiiilt';r of il« jininrrviilion mid |i(>rpi;lniiliiiii inlarl, is ihc iuijiorlmit, i|ii('nlion of tin; iiionirnt, iiiid tliiit tin i 'iiiuHlion iiiiiy hi (;i)n»i'li'icil Ilitrlli;,'i'nlly till' i'vii|i;nri' i-i liir.' priMi;nlci| of llii' wmiloii di"(lri|i:ti'iii iJiiit lias lii'fiilliMi thcso aniiiiiilM wlii'ii I'll iiiipi"l<'''t';'l liy tin; Ihw I'i iiiiiii'm ;4ii'I'i| mid Mi'lliilini'HH, wliiili, it i» I'nir to piiy, is id! iliiit riuilil III' I'xpi'iti'd fioni llii' nnli.i'ii-ird litinti'r, wIuph'i nntiiri; hitI; i individual and iniini'iiiiiti! ;,'aiii, witli nil regard for ii riilnni in which In; iiiis no ii.ssiiran(;i; of priMoiiiil iid'.'mita.^^i;. Tin; I'ulliiwin;^ Mlali.Mlii'M mi; ;;atlii;ii'd from llin journals of I'aily navi^jator-;. and ".iicli coniiniircia! riM'iirilH lis iiri'. now avnilahli; am Hiiliniitti'd. I\'ir;/ii(/i-ii /.mill- All idaiid in Siintlicin Indian Oii'aii, discovi'icd ah'int I 77-. Thi'. sliore.s of llii ; iHliiiiil wcii; li'i'iiiin^' willi Inr-si'iii wlnn it lirst linaini' known, lii'twi'iiii tin; 'lalo of its ili.s'^i'/i'iy ami tin; yi'ar I HDD ovor I,'JI'D,DDII scmI akins wcri' taki'ii hy tlni I'.ritisli vcssidu from tin' island, arnl wnl lifi; tliiTi'iin was i'.\t('riniiiati'd. f ';■<':<•/'.'.•, —Till! < 'ro/.i'l I, Islands, in Hanni ori'mi and not far dislant, wcri; ■iliu vi.siti;d !i.;id Iiiiiil"il ovrr and llic sniii lil'n (linri' lolally I'xIian.stiMi. i]firH-ii -/■'('< I'd. An island in Soiitlii;lii I'acilii; Ori'iin, liUitinli; .'IH I'S' .south, loii;^iti|ilc Hfr ','A' ui;st, wimij iii'xl, ill orilr.r of ijiscovrry, mid from its sliori;s in ii I'liw yoalH wan; i^atlnard and Hliiiipcd |,'jlllt,!lDll fiir-si'iil skins jli'luio, rliiipti'i- 17, p, .'iDii, saya of j\fas-ii l''iii;ra : — " Whin Ui,' Ami'rJiMn.i i-nini* li) lliii iitm;i' in I7'J7 nii'l t)"i|i| lli.it li.ivi' Iili'Ii iMrrii-'l In (.'iiiit'iil Iniii llii'iir;' in till' itpilrl; ill' BPVrn yniir«. I liuve nirrii' 1 innn- llia-i 100. 000 my«i'lf, iiinl tiirr- I),.,.|i at il, ■ [daiT wli -ll tli';ri' vt'rr Itii' |ii-M|iI,. nf fiiiiili'i>n hIii|i.< or vi'4« 'U rill tlii> IkIiiiiiI al oiii' liiii ■ killiii.; iir;itii." tlainls can hardly he said to have, heeii " worki;;I " at all fur salt(;d S(;alskiiis |)riiir to the cession of Alaska hy Kiissia lo the Knited Slates, and the niiitcl .States' (.lovernment now prolils tiy the industry to the extent of the duty of 20 [ler cent. eoUeL'ted on tlio "dressed skins" retunieJ > ''I i 'if -i ,1- ! I : li 4'iO to tills coiintiv I'l'oiii llii' I.niuloii iii;iikut. I'ltmi I87f? Ui 1887, iiii'lusivi', lliis retuiii lius lii'|.|, 121,275 skins. ' 3. Tlie I'liliylov g\o\\]i cmisist.s i)f the Islands of St. I'liul iintl St. duoryi", and is a Ciovcriiiiiciil reservation in that part of liulniiig's Sea cedi'd to the United States by Itussia, toifether with iiml a part of Alaska. So oxliaustive nn account of these islands and their .seal life has been f,'iveii by Mr. H. W. Elliott, Special Agent of the Trensury JJejinrtment in 1874, and since intimately connwU'll with the Smithsonian Institution, which account has been made a part of Tenth Census l!iace with oars and boat-hooks, not one fur-seal was In In' iound even .so long ago as I Ho".. ""■ Dr. H. H. Melntyre, Sup(>rintendent of the seal lisherics of Alaslva for the lessees, testilied before the Congressional Committee as follows: — Q. "What projiortion of the .-^I'als shot in the water are recovered and the skins taken to market '.— A. I think nol, more than oue-lifth of those shot are recovered. Many are bailly wounded and cscaiic. AVc tind every year, imbi.'dded in blubber of animals killed u]ion tlu! islaiids, large (laantities of llall(■t^ shot, and buckshot. Last yuar my men brought to me as iimch as a iloidilo liandl'iil of lead foinul In them imbedded in this wiiv. Q. 1 want I o ask you whether ur not the ;!-year-old seals, or many of them, which should have retunu-d this year did not return because lli(-y had lieen killed \ — A. That seems to lie llie case. Tlic marandini; was exlen';iv('ly carried on in ISSo and 1880, and in previous years, and of course the iniii-- that would have been born from cow.s lii.it v.cre killed in 188.''i, or that jierislied through the less ef their mnilii.rs during thai year, would have come upon the islands in 1S88, and we should have had that additiiiiial number IVoiii which to make our selection this year. The deficiency this year i< attributeil to that cau^^e — to the fact that the cows were Killed. And 1 would say lurtliei' that if ciim.< are killed late in the season, my in Aii'inxl, after the pujis are born, the latter are left ujion the island de])rived of the mother's cari^ and of course ]ierish. The (ithict is the same ^.•llelhor the cows aiv killed before or after (he pups are choiiped. The young jicrish in either case. • » » ' ' » » « Q. It being <'oneeded that the Islands ari^ their home, and no one beiiii:' iiuercstcd other than tlic American and Hussian (lovi rnnii'iits, there Mould be no sjiecial reason why other natiiais would olijert ? — A. Only the tlovernmeiits of the United States and England are interested in the Ala.-kaii sea! fisheries to any great extent. The United .States is interested in it a,s a producer of raw material, and Knr, land as a manuf.ictim'r of furs. If these two nations were agreed that seal lil'e slioiild br protected, 1 think there would be no trouble in luUy jirotecting it. ll is a (|uestion of (piite as iiiucli mtoresl to England as to the United States, for she has a large number of ,'jkilled workmen ami a liu'i;i' amount of capital engageil in this industry. ProftN'^or iniiott. (if the Sinithsoni.tn Institution, M'ho ha-; spent some tin^o scienlilictiUy (^xaiiiiuiiiL;' tlie 8eal Islaiuis and tlie liabits of the seal, thus describes 1 killing power ol' the seal-hunter at sea : — 481 His power to destroy tlieni is also aiigmoiited by the fact that those neals which are most linble to meet his eyt; luiil aim are thu fiMiiale I'lir-seals, whicli, heavy with young, are here slowly nearing tho liinti, souiiiUy HlirpiiiL; at sea hy intervals, iiiul reluctant to haul out from tiiu cool embrace of the wiite.r upon their li/eeiliujj-gmuiKls until that day, and hour even, arrives which limits tho period of their gestation. Tlie pi^higic sealer employs tliree agencies with which to sec\iru his (piurry, viz. : Ue scuds .ou6 DlllilUl^' with canoes from his vessel armed with spears ; he uses sliot-guns and buek-.shot, rides nnJ Ijalls ; and last, but most deadly and destructive of all, he can sproa(l the "gill-net" in favourablo weather. With gill-nets " underrun" 1)}' a fleet of scalers in Hehriug's 8ea across these converging paths of the fur-seal, anywhere from ID to 100 miles soutiierly from the I'ribylov groui), I am moderate in •jaying tliat such a llect could utterly ruin and dcstro}' those fur-seal rookeries now present upon tho Seal i.-ilands in less lime than threi! or four short years. Every foot of that watery roadway of fur-genl travel aliove iiuliculcd, if ihcso men were not checked, could and wouhl be traversed by those deadly nets; and a seal coming I'rom or going to the islands would have, under lh — A. Very often. We LMlln.r . rndonlili'dly, .\ny liole is an injury In Exti-act from Mr. Tiii!i:lo',s Uoport to the Treasury Dciiiirlincttt ; — I mil now eonviiieed from what I gather, in r|nestiouiug the men belonging to eaptnred seliunrieis nud from reading the logs of the vea.sels, that not more than one seal in ten killed and moitnlly voniided is landed on the hoals and skinned; thus ynn will se(^ tlie wanton destrnet ion of seal lifo vithout any henelil whatever. 1 think ;in,tlO() skins takeu this year hy the niarauders is a low estimate on this basis ; liOO.OOO fur-seals were kilh'd to seeuru that number, or throe times as many u.s Iho Alaska ('(miinereial Company are allowed by law to kill. You eaii readily .see that this greiil Blauglitcr of seals will in a few years make it inipossiblo for 100,01)0 skins to he taken on the islands lij the lessee.s. I earnestly hope more vigorous measures will be ado))ted by the u imvterially incroaaoil ? — A. I think it wmiM. I think thuru in no doubt but wlmt it wdiiid. Edwnnl Shields, of Vancouver Island, ii sailor on hoard t\w. JJritisii schooner "Cnroliiie," cns^aijed in seal-hunting in Hehriu;;'s Sea in 188(», testified, aftcM* Uie vessel was seized, that the (18(1 seals taken durinj^ the whole time they were cruizing in the opcMi sea were chiefly females. Mr. H. A. Gliddcn, Treasury Agent, recjalled, testified as follows : — (), {''roiii lh(! iiiiinlit'V of Nkins t;ik(!ii you iwtimiiti'il tlic niinilu;!' killoil ? — A. Tliiil sciismi 1 know then' «'i'ii' Uiirty-livti vcssiils in tliu siiii, and wi^ t;ii|itnrod liflui'ii vussi^is. Tlio oiitclii'S of tiiu vessels were ]iii'ili>'l"''l '" •-'"' l>iil"'i'>' wlii'n limy un'ivod lionic, and aveni^'cd IVoni 1,000 to 2,500 skins ciicli. I), Villi estimate, tlion, that dniiuL,' tliii soasoii 40,001) skins wt^i^ tiikcn i* In killinj; tiicni in tlu; iiiica soil tluiy di> not loc.ovi'i' tiviuy si'iil thtiy kill ^ — A, No, .Sir; I do not think Ihry do. In I'lict, I iiiiiiw llioy do not, Jiiii^;inji I'loiu thu lummnt of shot and luiid taken troin tlin souls that urn al'torwards killi'il 01' St. I'liiil and St. (loortio Island.s. y. So tliiit tiio dostriK'tion of Iho souls in tho (iptui sou would ho much in o.xooss of the nundwr taken, iirohiihly f — A. 1 liiivii im vory iioouiato infonniilion on whioh to haso an opinion, Imt I should jiHlfjo that tlioy lost Iroiii 40 to 00 jior ooiit. of tlicin. I saw a f^ood many shot froiii thu boats IIS I was a]iproiicliiii,i,', and think thi^y lost two or thioo out of livo or si.x that 1 saw ihoin shoot at. Q. From your olisiuvations havo you any ro'iuiiinoMdiitioiis or si|i^<^ostions to olfor, tho adoption of wliiili would load to tho hottor )iroHorviilion of seal lifo in tho.so walors than is now jirovidod hy law ? — .1. Tiioro is a difforoino of opinion as t^) tho oonstriiolioii of tho law. 1 firiiily boliovo that tho Oovcrnuiont should oithor proloot iho islands and wiitor in tho oastorn half of IJohrinj,''s Son or throw upllicir intorost tln^ro. If tho liuhrin^f's Sou is to bo roi,'ardod as opoii for vossols to i^o in and capture st'iils in tho wiitor, they would lie extcrininiited in a short tnuo. Synopsis of Ilojily to Jlr. lUaino's Letter to Sir J. I'auncefoto of March 1, 1890. Mr. ISliiino's ruforenco to indiscriminiitc slau;,diter — note in point Iwtraordiimry ])ro(lu('tivonoss of seals liookorics in Soiitii I'licilio withhold extensive raids for years ... Xoiie of I'lioilii^ lishorios ever oipudhMl those of the I'riliylov i^roup History of South Siiotland Tslaiids, and wholesale deslruelion thereon ... Uostruotion at Mns-ii-Kiiera Cliapol of opinion that 100,000 a-year could have been taken from tho Shotlunds under ]iro)ior rostrielioiis Tups in tlioiisands I'oiind do.id on beachoa ... liuorreet statement in Iti^port of the Ifousi; of liepresentatives n.s to rookeries of the world liiissian iMoniorandnm of July 25, 18S8, onunioratiiij,' rookeries t'ape of liood Hope rookeries, null the ])rotect ion uf same Dostruction on those rookeries formerly — jihiguo — revival of rookeries imdov regulations. Seals shot — statement that one only in seven is shot — contradicted by Canadian hunters ... Jlr. Elliott on uiK'rrini,' aim of Indian hunters rrai'tice of hunters Stiitemont of facts ]n'ior to and at time lease of islands to Alaska Commercial Company (1S70) — lessees permitted to lake 100,000 a-yeiir Slauf,'hler iiiidor Iliissian nile 'i'alilo siiowiu',' catoli, ]817-(lO I'lidimiiii.sheil mndilion of islands, 1808, thoiijih 0,000,000 taken 1841-70 50,001) seals kilh'il on tjio klaiid of St. (loori^'e'in 1808 15(1,1)1)0 kiUod oil the Island of St. I'aul iluiinn the same your... Goiioial iiu.slannht — .'100,()t)0 kilh'd in l,8(i:)... ' Xotwitlislandin),' tiie above destriietioii, 100,000 a-year might, Mr. Boutwell .stated, be killed with )iroteetioii in and around the islands Mr. I>all of same opinion in 1S7() (100,000 a-year may saloly be killed)... Toiiuie of lease allowed 100,01)1) a-year — any male seal of one year or over- natives to kill [iiips for food ... Opinion of Conimittoo of llcnise of Kepresenlatives that .seals roipiire protection during iiii,L,'iation, and for 50 miles soulli-east of rookeries while searching for fooil, which dilfers from ilr. Jilaino's proposition Mr, Gliddeu's testimony — ninrely his oiiinions, not based on practical knowledge ... Mr. Taylor's testimony ... On islands in 1881 — as to seals' intolbgiMico and liours for feeding. N'o bulls remain on islands all summer — -writers aiul agents contradict this Jlv. Taylor admits thai killing occurs inshore, where the sea is black with .seals ... This witness, while staling that young pups are lost, does not instance finding dead jiups on the islands — his admission that seals have not diminished. 11281 Page. 4;iG 480 480 4:!0 4;!(i 4:»j 4,30 430 480 4:i7 4;!7 487 487 487 487 487 487 488 488 4:!8 488 488 488 488 488 488 489 480 439 3 K m 43J. ltd 441 C'liiol' (laiimr;iMlu(' t(i iiiHullicit'iil ]iit)l(H'tion uf iHliiiulM Mr. VVilliiiins' tcstiiiupiiy Nil |)i'i*)iml kiiowludni' us to tlio nimI — rcfiTN to wniit uf proU'ctioii mi islniulH luid (liui;{('r of sriil.s lii'iiig taki'ii wlu'ii pUHHinc^ Ali'iitiiiu Isliiiuls — iiiciviisi'il ili'pitM lilt ions ii|ion tliu rookeries for lust tlntii! or four years. Mr. Mcliityri', (ioV(4um(!iil A;,'eiit, ufterwanls u Sii|i('riiit('ii(l('iil for tlie Coliiiiuiiy... 44ll Tliiiiks oiu!-liltli only of seals shot iu(^ reoovcred — fouml seals witli sliot— uttriliutes delii'ieney of seals in ISHH to tlii^ iaet that cows were killiMl — atten:|ils to reiluee estimate, as to nuinlier. of Klliott and !>all liy onivhalf — larj/e decrease in 1SS7 S8 — tlecrease sinei^ lHSL',es|ieeially since ISS I — eonsideralile )]er('entaj,'e of killed uiaile n]i of males — 10,000 skins in IKUt) and 1M87 taken in l!eliriM;,''s Sea — this merely a surmise— HO or i'O per cent, of catcli females — ]iositive testimony of this witness on matters of opinion or hearsay — his stutcMK^nt thai islands unnMilested from 1870 to 1885 incorrect, as well as statement as to deercii >■ from 1882 and 1884. Mr. F.lliott's testimony ... IJe]iort rcKardinj,' him hy Mr. Morri.s in 1870 — Mr. Klliolt's evidence heloru Coufiressioiia! Committee j,'o((S further than his pre\ i(uis wriliu'^s — his statement ref,'ardinf; loss of woundeil seals eonlradieled. Mr. Tingle's testimony ... On islands, 1885 to 188() — slight diminution prohuhly -culculatiou of eutch from enliy in log of "Angel Dolly " -extraordinary log ami e.stiaordinary (■rew of "Angel Dolly" — Jfr Tingle coiitnidicts Mr. Mcluty re -increase since .Mr. Elliott's count, 1 87(i, 2,lli7,0(IO— criticism of 'Mr. Elliott's stutenuMit )v decrease, and jioints out that Mr. Elliott was not on the ishuuls for I'uuiteeu years. Mr. 'W. Uavitt's lestinaaiy On St. (leorge Island, 1887-88 — had ehurncter of iMuployes of Company — no means of Agents kn./wing of unlawful killing — no agent can say whi^n seals are captured oil' the islands — lessees buy seals killed at Ouoalaska — Agents drawing' two salaries, one from (oiveriunent and one from the Comiiany. .\Ir. Moulton's testimony, J 877-85 lnereu.se in number seals to 1882 — decrease to 1885 — opini Difl'erence between Mouse of l'ie[)resentutives' Connnittec; and Mr. I'llaine as to when injury began to islands — 18811 or 1885 ... ... ... ... 44:'. Important to show how insigniticant catch of Canadian sealers compared with de)iredations successfully survived by islands ... ... ... ... 44;l Depredations on i.slands and catch outside i.sland.s — 187(1 ... ... ... ... ... ... ... ... 44:; 1872 ... ... ... ... ... ... 44:; 1874 ... ... ... ... ... 443 1875 ... ... ... ... ... ... . . ... 44:1 1876 ... ... ... ... ... ... ... ... 44;! 1877 ... ... ... ... ... 44;! 1878 ... ... ... ... ... ... ... .. 443 1879 44:i 1880 ... ... ... ... ... . . ... ... 444 1881 ... ... ... ... ... ... ... ... 444 1882 ... ... ... ... ... ... ... ... 444 1883 ... ... ... ... ... ... ... ... 444 1884 ... ... ... ... ... ... ... ... 444 1885 ... ... ... ... ... ... ... ... 444 1880 ... ... ... ... ... ... ... ... 444 None of the depredations were eonimitted by Canadian sealers ... .. 445 Mr. Blaine refers to increase and profitable jmrsuit of industry down to 188(1 ... 44." '•'resent value and condition of islands better than ever ... ... ... 445 omparative ofi'ers for lease of islands, 1870-90 ... ... ... ... 445 442 442 442 442 442 442 44;j 435 KiKiriuouH vtiiilal and {tiulits rt'cuivctl by Unituil States i'loiii tliu iHluncIs ... ,,, 445 Ki'Cfipts mid uxih'iisos — ",t,r)25,l!rt:i dollars received by tlie I'nitt'd Hlatiw in uxccmh i)f purcbiiso |irici' (if .Vlaska... .,, ... ... ... ... 445 Miirvellous iiicnia.to nf suhIm in spilo of do|irudat.ion.s lelViTcd to ... ... 445 ISfi'.l, 1,72H,(»0()— 1874, 4,7()(),(lilll— 1H84, iiicrcasiiii,'— 1885, no chanac- ; connt- i('»s nnnilici'M — 1887, ft ill on tlu; inf'i'oa.st- — -1888, no cban;,'!'. Witli total of 4,700,000 in 1874, l.inutonant Maynard of opinion 112,000 yonn^ male N(tnls can bo safidy killi'(l annually .,, ... ,,, ... 44)> Kcfi'i'unci; to Maynard'.s and Hryant's Iteport as to habits of seals supports Cauadiau (contention ... ... ... ... ... ... ... 446 Cnniidian (jovcrnnient contends few females in calf ever taken in sua ... ... 440 Afore foinides in a bord than males ... ... ... ... ... 446 Cuimdiini contention Hn]iport(!(l bj- following facts: (1) .seals on rookeries still increasing;; (2) old Imlls go into water at end of ruttiny season and do not return to islands — < 'laik on nudes driving,' others oil'; (o) two-thirds of males not jiermitted to laud at rookeries — occa.sional visits to land — yearlinj;s arrive middle .Inly— non-1 ireeding male seals ecjual breeding seals (1,500,000) — baclielors not lonj,' on shore — fenial(>s do not feed until younj; go into water ... 446 llnlk of s(Mds coidiiu'd to island until ice surrounds islands ... ... ... 447 Never eat until (h^parture (see Mr. Mclntvrii'a Report, p. 448)... ... ... 447 Hidls jircvent mothers takiiij,' to water ... ... ... ... ... 447 Rookeries full to duly 25, and remain in limits ... ... ... ... 447 No seals sick or dying on islands ... ... ... ... ... ... 447 Canadian contention sn]>porte(l by Keport on International Fisheries Exhibition (boiulon, 1883) — Nature has imposed a limit to their destruction ... ... 447 Mr. Klliott, in 1874, agrees with tlio abov(! contention — the e(|uilibriuni of life regulat(ul . . . ... ... ... ... ... ... ... 447 Seals get their fish in North Pacific ... • ... ... ... ... 447 Mr. Mclntyre's Keport as to haliits of seals, 18G9 ... ... ... ... 448 Seals take no food \intil their departure from i.slands in November ... ... 448 Tiu! duty of (lovernment to patrol islands— Mr. Tingle in 188(> asks for cutters to patrol islands — Mr. Jlorgan recommends launebes — Mr. Wardman alludes to inade(iuacy of protection to islands ... ... ... ... ... 448 Mr. Williams points out insutliciency of protection to islands ... ... ... 448 Mr. Tayhn- says, in 1881, the difliculty arises from the want of better protection — Mr. Glidden agrees ... ... ... ... ... ... 448 Mr. IJoutwell, Secretary of the Trtcasury, in 1870, conceived the duty of the Govern- ment was to elliciently guard " in and arcamd the islands " ... ... 448 The interests on behalf of a monopoly cau.se divergent \'iews respecting the protection of seals ... ... ... ... ... ... ... 449 Mr. Bryant shows the value of the lease in conferring a monopoly — Mr. Moore illustrates this ... ... ... ... ... ... ... 449 When the Company took less than 100,000 seals it did so because the market did not demand th(!m ... ... ... ... ... ... ... 449 Mr. Mclntyre shows that 800,000 wore onco thrown into the sea as worthless when the market was glutted ... ... ... ... ... ... 450 KiUer-whales and sharks the enemies of seals ... ... ... ... 450 Man's assaults at s('a snuill in comparison to the natural enemies of the seal ... 450 Canadian system of hunting ... ... ... ... ... ... 450 Mr. Elliott shows that if temporary diminution does occur on the Islands of St. Paul and St. George, the missing seals are probably on the Russian islands ... ... ... ... ... ... ... ... 450 • i Mr. Tupper to Sir J. Pauncefote. Deav Sir Julian, The Arlington, Washington, March 8, 1890. I liavo th(! honour to inclose herewith a Memorandum pi*epared by me in reply to the Memorandum sent to you by Mr. Blaine, and which you handed to me upon the 3rd instant. I send you a copy for yourself, one for Mr. Blaine, and one for M. de Struve, the Russian Ambassador. I also have the lionour to forward herewith a valuable paper upon the subject, prepared hurriedly by the Assistant Director of the Geological Survey of Canada, George Dawson, D.S.. f.G.S., P.R.S.C, F.R M.S. I may add that Dr. Dawson was in charge of the Yukon Expedition in 1887. Copies of his paper are also inclosed for Mr. Blaine and M. de Struve. I am, &c. (Signed) CHARLES H. TUPPER. [128] 3 K 2 486 Memorandum on Mr. JUaine'n Letltr to Sir Jitliitn Pnunre/nli', ilated March 1, 1800, 111 tlic A|i|M'iiilix In Ml'. IHiiiiic's Icltcv III' tlic ImI MiuiIi, cm ilic tliiiil \Mm\ Ih mi oxtrnct, fmuj n lti'|Hii't Id the lliMisi' III lt(>|in'Hi!iiliilivi'M, iis Ciillnw.s : ■ " ill rormrr yiuiri fur-nriili won fnuiiil tn Rrriit nuinlH>rii iin varlimi inliindii of tlui South PftriAr Oi'uiii, hilt ariiir ii I'liiiifiikriititi'lt •hurt iirrliiil iif Iniliairmilimti' ulniiKhter thn riiiilirrlr iiin.sl, injiirii'iis to tln' iiiuiiilriiiiii I'nijI IiI'ii, it in ilciiii'il lliiil in llii' liislnry nl' tlii' I'lir-Ni'iil iiidiiNtrv iiiiy iii.staiiii! uiii U I'lillliil wlirii' II niiiktiry Iium rvrr Imtii ili'sllnyctl, iliiplrlrd, nr rvrli iiijuri'il liy llii' killing; ol' snils ut jcj only. Mr. I'llliolt, will) i.s i|iiiili'il liy Mr. Itliiiiiii, nilliiilM lliiil. llm i'niilii'i'ii>.4 in lliii Sniilli I'lirilir willmiiKiii iitliirk.s 111' till' iiin.sl, c.Nli'iisivti iiiid ili'slniclivc rlmniilrr I'nr Iwi'iily ynirs, wlicii yniiii'4 iinil njij miili., iiiiii I'l'iiiiilrH wi'ii' iiiiiisiiiiiiiiiiili'ly kiinrki'il nil tlii^ liriiil ii|inii llirir liri'iMliiiL;;.;rniiiiils ; iiiiil Ml. Clark {II. I! Uc|iiiil Nn, ;l.SH;t, fidlli CniinrcsH, liiiil Srs.Minii, |i. '.M) li'ils um tliiil, in IHJII lliirly vc,s,'y llu^ iiiillinii.s wliirli Imvi' lircii rniiiiil nil llii' riiliylnv ;;i'iiii|i I'lir dvir twi'iity yi'iii.'- " 'riii'Hi' iHlaiiiU I'niiititutr till' iiiomI valtiiilile ruoki'ry iir l)ri-i'(liii|{-|iliii'ii iit' Mk'hr ariiliiuU i'Vit kn>)wii lii iiiiin," (II. It, Ucpiirt ;tHN;i, .'iillli (.'inijri'si, |i|i. Ill, II:', lliin, ('. A, Willliiinn' writti'ii uliiti'iiirnl,) l'rnl'(>.SHiii' Klliotl (ill lii.s I'vidoiirr, p. ML!) iiii'liliniis niii' |ii'i'Hnu who, wlirli willi liiiii nl llii' isliiud>, I'sliiimttnl llic iiiiiiilirr iit l(i,i)lM),(lOII. 'i'lii' 111 |inri 111' 111!' ('nii;,'irssiiiiiiil ( 'niiiiiiilti'i' nil tlui Aliinkii sunl liHluirid.i Htiit(!S tlmt iiiiiisdiiiiiiiiutt .slini^;litrr in llii' cmly |iml. nl' tiic iiiiii'Iri'iitli ii'iiliny itmiu'd ii dc.'irrliiiii nt' tin' rimkcrics, iiihI il ;,'iii'siiii tn .siiy tliiil ill ISlill mill IHlil, .'i(l(l,()()(l v.cii' liikrii in mi iiidisi'iiiniiintc! I'li.Mliinii iil tlii' Sniilli ."^lii'lliinils, nild, III Uir riid nl' tin' .Hrriiiul year, tlii' .sjH'rii'i hnd llirix^ Ihtii alnin.sl rxti'miinatfil. 'I'lic llmiiuiralili' ('. A. Willinins. wlmsi' i'\ nliiiii' is citnl and ri'lii'd iipnii iiy Mr. Illiiiiic, sn|j|iiiit,s this vii'W (sit p. Ill, II. 1(. Iii'pnrl Nn. ilSS.'i, "illlli ('i)Iij,'|i'Sm) ; lull, as a inaltrr nl' t'lirt, wliili' .snils iiri: adniilli'dly nut .sn jili'iitil'iil in Smitli Slu'tlainls as lii'ii'lnrmi', nwiii^' In wlinli'sulr drMtnii'linii mi tlu' liri'i'diiij;-u'iniinils, sn piiililic aro tlicy llial. in 1.S72, .S,(l(l(l skiiiM nl' " llii' rlmiresl mid riclirst i|iiiility wi'M' nlilaiiii'd I'rniii tlii'si' islands. In tin- iii'.vl si'asnn In.OOd skins woii' taki'ii llu'ic, mid in 1M74, 10,(11111 skins, anil liniu 1S7II In l,S,S()||u' .si'idili;,' llri'l lirniijilit linliiii 'X2,7'){> I'lii-srnl skins I'mni (lii> .Sniitli Sjii'tlmuls, and llii' virinily nl' Capo llnni and 'rii'ira dii l''iii't,'o." (A. Hnwanl Clark, p. 'lOli, ( 'uiniiiission of Kislii'iii's, {•'islicry Indiislrii's I'liitnl .Stall's, siM'tinn .'i, vnl. ii, 1H87.) In tins ri'^^aid, it may IiithIi! iinlril lliat lliis I'xlrarl rcl't'is niily In tlic i atrli nl scalers wliicli lilted nut at New I,niii|iiii, (Jniiiieiliiul, iiiid lines iinl eiiiliraee the npei'iitions iif sealers I'rnni other eniiiitries. ■Mr. Claik ilescrihes the iiiaiiiier in which the seals at Mas-ii-Kiicra were attacked. At p. 407 ul tlio article ahnvc cited he points mil thai lietwccii the years 17'.IM and ISl(7, ;i,nOII,l)0() seals wore ol'tiiiiicd I'miii this island liy Kn,i;lis!i and Aiueriean vessels, miii in ISL'I the island was " (ilmnil iihaiidniicd hy these miiiiials." Mr. Clark also shnws that in 17'.l7 tiicie were niily l!,()00,(lll() nn tliv islands, and .\i'l in seven years more tlimi ;!,(IU(1,II(M) were carried I'lnm the islands In (J.mtnii, Cliiim. Mentinii is made, loo, of i'oiirtcen shi]is' crews on the island at one time killin,!.,' .seals. Al p. -liJ.s iiieiitinii is made nl I'roiii twelve tn lil'tcen crews on slinre. at the same time (Ainericiiii and l'!ii;ilisli), ami that "there were eniistantly more or less nl' sliiii.s' crows slatioiicil hero I'nr llio piiriio.so of t:ikin^' fur-seals' skins," I'loiii 17'.';) to l'S07. It is contended hy tlio Canadian (iovcriimoiit that a reference tn the liislnry of this isliimi u entirelv lieside the oonteiilion nii the part of the riiiteil Slates that il is necessary to kee]) sealing,' emit hundreds of miles away from rookeries in order to incservo the seal life on the. liieediiii,'-i,'rouiiils. The cause of injury is the siiiuo in all llio cases iiienlioiied, and Mr. Chiiiiel, in tlio Aiipciiilix 1" Mr. lUuine'-s letter, now iiiuler cnnsideratioii, at p. ."i well says : — ■ " It is stHtiil that ut the Shflliiiuls alone [which iievi-r t'i[uall(>,l the |irraciit conilitiiui of llu' I'riliylov Krniip, nu'ntinnnl Iiy Ihtn. C. A. \N illiams. alri'iuly i|uult:il], 100,1)110 per aiimnn iiiinlit liavii hi-en iihtiiiiii'il luiil the ronki'ries iircservcil il* tiitii'ii iiiiiU-r |iro|ii;r rcstrirtions ; hut, in thi> eaffi'mess of iiii'li, old anil youiiK malt' anil fi>male tn'iiU wcri' kilk'd, iiiiil liltle pups a few days oh), ilcprivoj of their niottiers, died hy thouHnnils on the heaclies " — [it tiiiiy here he observed that not a easu of dead pup.s was ever found on tlie Prihylov group, so far as the Reports im the islands showj — " earca.. -8 and hones strewed on llie shores.*' This statement, cited in the United States' Case, is direct nutliority for the (.'anadian cuiiteiitloii. It illustrates three important [loinl.s : — 1. That indiscriininiilc slaughter on the breeding-f^rouiuls is injurious and in time destructive. 2. That when the mothers iiro killed, the young pups, dyinjj; in conseiiueuee, are found on tlie islaiul. 3. That licgnlations of the number to he killed on the islaiul, with careful supervision, will maintain the rookeries indopeiiileutly of prohibiting sealing in the waters. The Heport of the House of Kepresentatives states : — "The only e.'cisting rookeries are those in Alaska, anotlier in the Russian part of Behring's Sea, and a third on Lohos Islarnl, at the mouth of the Uiver I'late, in South Amerieu." The statement is incorrect. Important omissions occur, since the cases left out, when examined, show that, notwithstanding all of the extraordinary and indiscriminate slaughter of past years, it is possible, by careful supervision of the rookeries alone, and of the seals while on laud, to revive, restore, and maintain lucrative rookeries. Quoting from an extract from a Kussian Memorandum respecting the hunting of seals, commuiii- Ill iimii." (11, B, inn contention, Dn Ldbus JslaDil, at 487 latiil liy M <1" Htaiil to tlio Miii'i|iiiM nP SaliHlmiy, uml liuti'il ilii; 2.'lh July, 1888, it in found that other roiikcrii"' um! Iiy ii'> inciiiis lUiMcitcii, Tlio cxlnict rcails nn Idllowi*; — • 'Xtin |iliH-t>i whrrn fiir'Hcal hunting in okrrieil nii rimy b*^ iliviili-il lit Iwii ilistini't fiil>A< The flritC smup would (-oin)iriM MhiliK IiI»imI>, IHiriiiK'ii Sin, lOII/IOH hilli-it In IHH.'i ; CiiiiiiiiandiT Itlamlii (lleliriliK and C'op|Mir lllandi, 4'i,>ll|ll; Heal liUndii mhottk **'".<•"""' 1 '"'"I. MK.IIIPI). • 'Ilif iifi msi ntiar (tm coiit of Vii'toria, 20,000) li'ibim liUnda. 15,000 t Ulanda ni-ar Capo Horn and tho Sooth Mir Xi'ii, 10,1100 I inliindii liiliiiiniiig to Jajiaii, 7,000 ; Cajii' iif (iimd lli>|ii', .'>,flOO ; liital, 57,000." All iin|Mirtiuit (!iiii.4sii)n i.s tliu ciimi (if (.'iipi! iil" (Jocid Hope, in rcfiiii.'iico to whiiili tliii (,'ominittce of ll„. Iliiii.iii III' Urpriwcntativit.H, jiri'virm.s to tlicir Itipcirl, hail Iwcn inloiiiiiMl (huo If, ]!, iJipfnl Nu. .'(883, ,5iltli CiiiiLtri'm, 1'imI .*•' sMJiin, ]>. I 11) that I'loni lliu ('(i/ir n/ (IihkI, llnin iHlamlH, uikIit pKiliTtion of tl'9 (,'aiM) (liiviiiinKint, a yearly .Miipply of ."i.OiMI to H,()(l() skiii.s i,s tli'iivcil, iind tliiit froiii .lapaii, it win utatwl, miiiit'tiiiicH I."i,(JO<) and Honielinics ri,(MM) n-yi'ar mv recnivitd. The.so i,sland.s arc now ri^^idly The.so i,sland.s arc now at neitlicr docs liic (ioviTiiniciit raciiivi;! Iiriildcli'il I'V 'la' <>ovi'riini(ait,-< of tlio countries to wliicli Ilii'V licloii;,' ol till' <'ii|ii'. "I dapan, nor of lJni;^iiay, in tlii) cam; of tlio I,olio.s iMliirids, consider it necessary to demand the irstriilion of the piirnnit oi' Meals in the open sea. Uiiitel Statea' vcs.scls have viHJIcd lliii iHhindH oil' the (,'apc of (lood Ifnpo from 1800 to lS3."i, and liiivi^ liikni lai .Monie ilay,s ."lOO to 7, 41st Cougre.s.s, 2ml .Ses.sioii, p. IS), records the catch taken from the I'ribylov Islands under the I iussian- American Company, as follows : — Taiilk showing the Number of Fur-seals taken hy the Russians on St. Paul and St. George Islands from 1817 to 1 800. eals, commuiii- rt Approximative. I ,' ■i;« ^n m \Bm RofiMTinj; In lliis Tnlilc. Mr. McTiit3T(! says: — '• Tliu iiumhiT of jTiiU I II St. Vi\\\\ I^Iiniil in viirimisly cHlimntoil iit frniii ;l, 000, 000 to t.Otl 1,000. inirlmli'ii; nil . i hsi-li. iuirl „„ ,*^l. firorsi' at ahiiiit iirir-thinl n* iimiiy. I think it miiy l)i' ftiit-'ly Htiit.'ii tliiit lliprc iirc iiiit Ii-hs tiinti 4,0l)0,ttlltl on tin- two itl^n't, 'rill* Tiiiilo fniin till' rrronli* of tin' Into [tii-ifinii-^miTii'iiii t'otiipmu', apppiitli'il to tiiis llnport, pxltiltilM ilii' iiiiml)or i)f wjiU tiiltf-n f,,^ ivu'h islnnd frmn Hi; t-> lH;t7, ami iVuni ISl'.i to IStift, I'n-vioiiHly to IM17, (nys tin- lute IIihiioji Vciiiiiiiitiiitr, 00 ri*i-urils wprn Vt\H Kroio (lie oi»!ot' lottlmnty \vi> li'iini thtit (iMriiin; ll'P t^rdt li'iv yi'nr« ffillnwinv tlip ilisi'iivorr of the )HttiiNl<4 in I7H1 ovpr lt)fl,fll)li i^i„^ w:to iiiiiuially olititini'ii ; h' this, it ;■ i in^, whs toi. Ucffp ii nunihrr. for tlio dcrrcftHr to tho vrarly r-'turii was I'oniitartt until \)^^'l whrn thry hail Itcconu' luMirly cxlilirt ; anil in Ilii- iicvt ilfra.lr tlii- wlioh- nunihrr s irril 'vas 1J'.I,17H. licinij in IH.'i'J Inn ti,.*,)li ; but tfiiiii IH I'J. iiniliT iuiiirioo-i inaiiiiitriiii'nl, t'liTi' a|iprarM to liiivi' tii-on an inrn'nsr, and in IS.'iH, lil.HI't wi-n- I iki-n, wliii-h w;ii ijic |ariff,[ rt;lfh in iiov inio yi'ur, until IHti7, wlii'ii, iih I iiiii iiifornird. sonif H0,tlt)0 or 10tl,t)tlO wcrr jiPi'llrfil, lunlpr the sn|ipo>»iti'iii tint tlit li'iritory woiilil hooii Im tr:m»t'i-'rii'ii to tin' Unili'd .Stili's, ' Tho diTrrasc from 1H17 to IHIIH,' sayii Itishop Vi'iiianiiintr, ■ iinT.ii(i,j aliout oni'-i'iiilit'i of the vvliolc iinniljiT ;iiiiiitiilly, HO tliiit in IH.U thrriMvrri' producrti on liotli isliniilR, inntciid of tit>,tmii tn Ht),0()(), only lri,7,''l, and in 1S.'17, l'.Sll2.' r'ntiii tlu- most rrii'i't'iil i-oinpittitlion I liavp hi'ini ahio ti; inalti', I uoi of tin- opinion tliiit im i^-^j^ lliiin li)0.0iitt---7." iMKi on St. rniil loid 2.*t,oOtt on St. (ifornr — I'rtn hi' iinimally tiiki'ii nritlnut iiuMirriiu: tlui risk of iiniiin ilmiiniibini; till' vcarlv prodniiion. iis wo oIimtv thr Ku'.si'inn to liiixr dono in fornirr yoars.** St'i' ulsii Wicl;, ('liicl' nf l,iiiiil Sfi'vii'i', IJiissiim-;Vim>rii'aii 'Mi'vjiuiili H.NjR'i.lilioii, wIki i'i'|jiii'|(.i1 ji, 1<'>i,\ iniliiou snils hull lu'cii dikfii (Vniii litis ,m'ii lii'lwi't'U I !~IH anil IHTD. (I'idf Dull iiii " .\|iisl<;i mill il.s Kcsmiiri'-i." 1 ST", |i. 4'.ll-'.) '.', ill i.'^liS irtllrliiiisiiii iiiiu Miir;,':iii, tlif |iriiliiiili'rs iiiiil l'niiiiili'i','< iif liui Aiiiskii ('iiiii?in,||.i.il <"iiiii)i;iiiy, iiiul iil'li'i'wiii'ils ifs.'ii'i's of (lii' iHliiinls. .siiw (' ,tt, iiiiIi'SH ri'Nli'ii'lioiis wcni iiii|io,'if(l h/wh ///,- isliinih, tluMi' wnnlil lit' niiii In l.iiiM'oolvi'rit'.s (II. \V. j'liliott, " Our .\ri'lir rroviiii'i'," ip|i. -17, 24Hi; i'iin,><('i|tii'iitly. liy .Vol of ('oiiun^ss ii]i]iiov('il lln' 27tii ■July, IHIiS. tin," killing; of fiir-st'iils im lliv i.ihnuli «,is pnihiliiii'il (\V. II. Mi'liilyri', S|ii'i'i,il y\i,'i'iit, 'rii'tisiiry DcjuirtiiK^iit, II. I!. K.\. Dot'. Xn. ,%, ■ll.'^l (.'iiii'.4r('s.s, :;ii(l ."^I'ssiini, ]i, IL'). N'otwitli.sliniiliiij; Ihc Aot to wliii'li ri^l'cii'iico Im.s ln'iii iii;i,||,, riO,!!!!!) \vi I'l' kiilcii on SI. (iui)f^;i' mill 1,")I),0(I0 mi ,St. rmil liv triuk'r.s in ISCiS rnall, ]i. 41111), lOO.OIIII in ISnO {\V. U. Miliityii', II, I!. Kx. Doc, No, :!('., 4I.sl Con^'n'ss, ],. V.\). Afr \Viniiiiiiiii, ,111 .\i,'t'nt of tlio Unilcil SliiUw' Ticn.snry iit tliii Si'nl Isliuuls, in liis 'Triiitii .\litskn," |MiIiIislu'il 1HS4, on |i. ',)2, siky.s : — " (ii'in'ml on!iIauKlii. thrrati'iiini* fXt(.rininiition, hy Ainorii'in Tossrl* durini; tlii' intorri-fniuni of dppartnrp of Kimiii.'iii m,,] installtttion of United Htat- %' (Jovtrnmi'ntu took pliu'i." .Ami till' -.111111' otlirrr, ill liis sworn tcslimoiiv uivcn lit't'ori' llii' ('i)iiu'ii'ssiiiniil Coininitlfi', sinipd lliiU MOn.tlDO woii' killcil in ISIV,). ;■!, NoiwitlisUiiKlino; this roiuliiion i>r iill'airs, .''^ci'irtiiiT Uoiitwi'll rfjiorU'tl in l.H7(l (II. K. l'',\, lim, No, 12',), ]), 2, 41sl ('iiiio;n's.'f, L'liil Sis»ion) lliiil " if tliu iininiiils iii'O ]iioIi'('Iih1, it i,s in'olmlilo lliiit ulinui UH),tlt)tl skins niiiy ln' Uikon carh yiMir wifhonl iliniiiiisliin;,' tlii; su|i|ily," tfiiil I'liit " nirut c»\v. wa,< iieri'ssiiiT for Uio invsi'i'>'iitiim of liio si'iil tisliorii's iipmi llir T.tlanils o/ S/. /'aid auil M. Gcnri/i:" So Dull, in his look on Aliiskii (lf<7(l, p, 4',t'i\ in rffoning to ,sliiunlili'r hy Uussimts, liclinvcil tlmt IlKI sciils coiilil HiilV'ly ho killi'il nniiniilly ninlor Ktigulations, anil Mr. IMaint;, in iiia dcsimlili luiSii ,,< !>.,i,.,,..,f.,t,. ,>(■ ii,..' 'JTii. r.,,.i. .,...■ u,,, .,", Ir.liiin I'iiiiiu'cl'ot.c of ihc 27lii .hvniuiry, wiys;- II " In thi' iiMirsi' of a fow yvHn of intelligi'nt and intiTPSting I'.xpi'riment tho liiinihoi that I'oulU bu ■tafi-ly ilaUKhti-nd wiis tixriiat 100,0110 pi'r annum," .Mr, lioiil.wi'll, as will he seen on rt'l'i'i't'iici' to lii.s liuiiort, was ojiposi'il to a Ifiiso, iinii ii'iiiaiki'il I hat u was ni'ii'ssiiry in any nvt'iil to niaiiiliiin in mul arounil tho isliuuls an onlargi'il iia\iil rniri.' I'nr tlio )iriili'ilioii of till' sanio. This Uojiort was foUowoil liy tho lo^jisliition iiiulor wliii'h a Inisc wns t'xoi'iitoil in May 1,^70, 4, 111 ilrawinu tho tonus of tho loaso iintl lioijiilations ooncoriiini; tho ishiiuls tho liiitoil Sliiti'.< )iorinitli .1, in llio llion stato of atliiirs, tho los.soos to tako 100,000 souls i.-yo,ir for twonly yoiii.'*, iiiid tlioy woro )ii'iiiii!loil In make u]i 'l,is nninhor Ironi any iiialo seals of 1 yoi'v of a.t;o or over, 5. Tho nalivi's woro llowoil to iloslroy on tho islainls pnji seals of oilnor sox for I'ooil, iiiiitilifiii.; in some years ,1,1 lO", I), 'i'lio lllll,tU)0 ooiilil hi' killoil hy the lessees in tlio iiionths of .,iiiio, .Fiily, Soiiloiiilii'i, iiiul O:'tohor, F)ioii p. S of till' .\p]ieiiili\ to Mr, liliiine's note the o])iiiion i f tlu^ C'dniniitteo of llnii.'^i' of 1\ ■iirosonlativos is L;ivon to the olt'oi'l that the jirotoetion of tho islanils is not onoii^^'li, Imt that the si;als nnisl hu ]iroteotoil in their iinimal niij;ratioiis to iiiul from tho rookerio-*, tiiul for 50 miles soutli-oiL'^t of tho I'ookori's to their foeiliti;i-,i;idinKls, This is a far lUnoront pro]io,'-al from that anhmitteil hy tin' Soeroliiry of State, sini o it iloos not omhraeo tho wliole of tho liohriiif^'s Soa, but loeatos llio IVwliiig- iirimuds, so ralloil, within ."iO inik's of tho is'.antks, rite other points, on p, S of the .Viipemlix to Mr, Illaino's letter to S.r .ruh'an I'ininet'ote of the ont install'., need lianlly ho iloait with in diseussinf,' tho necessity lor a ehiso ,soason, rofereiioe bi'iu]; made thoioin to ilu? sortinj; of tho herd for killiii": on land so as not to kill tho fonmles. This is admittedly wise, tiiiieo the killino; is tlone Hth June when tho pups are hein^; tlrop]iO(l, The rest of p, S of Mr, liliiino's Monioriindnm raises tho point, that a seal is not a tish, St) on p, !l testimony is oiled toiuhiii^j; tho noeossity ha' not killing females on the rookuries, when wholosrtlo slaii,L,'litei- of 100,000 a-year goes on, ami this is not liort; eontrovortod. The opinion of .Mr. ('iliildeii, whose exporionto was oonlined to the hiuil (i^tvu^/od-s, roi,'ardini,' the pro]iortioii uf ,sciiLs roe^ivorod when shot in tloep si n, eannot he of weif,'ht. It is, therefiro, iiniiooos.siiry to dwell upon the faei that he is a (ioveniiiiout uniployo, giving his views in ftivonr of his (Jovernment's eoiitoiilinii ill !8f- (, after the Seizures of 188,') had taken jilaeo. Tliis ollieer was on St, (ioorgo Island fnnii the !.'.'■'' ii May to .August in 18S] oiir'. His opinion that an "open jioliiy" would not preserve the viiliU' c (»f KiiMJan nrid nmillcp, stiitod ;Iitfn il wii-j tixcil at 489 „l tli(! si'iil flHlieriuH, and timt it in iiece.ssiiiT t(i inotci'l tin' Hi'iils in li(iliriii>,''H Sra, as well nn im tlin j,l;iiuls, is Kill. liaWMl ii]joii iiiiich imintical kiiowlcilj^'r. Ili' rurlliiT statiMl tlnd, nul iiiii>'li liiiiiliiig was jiiiiein llii' I'acilic. II iiiralil(! Air. AVilliaiiiH, at p. 1U7 of Eviduiicc heloH! tli(^ fcm^^'icssioual ('(niiiiiittci', says; — "Tlir<*' miles brytiiiil Iniul (in Piwifii-) jroi^do nut hi'c tiinii ; wIii'im lliey K" "'» one knows." Tlic liiitisli ('oliiniliiuii Scully's anil llio ri^iord nf liii.-ii' ciilclii's in the I'aoilir lor twenty yiMirs wciiki'iis ll]i' sliiiidiipi; (if tliitsc, witnfs.scs an i!.v|ier(.s. Mr. 'I'iiylnr, andliicr witness, lu'crilies to tlie fislj ut I!itliriiij,''.s Sea a vi;rv liij,'li nrdrr nl iMielljiii'iiee. ||i, ,|(.|ins{'S lliat ill i'ii!lnin.',''s .sen tlie seals eat n ;,'reat many (isli every I weiily-rmir leans, and .'is "till! li.di liii\e lieriiine W(!ll aware iil' the I'aet that tiierit is a yond many seals (in thi' Sen! Islands, Ihey kettp Uriiiil 1(1 .sea." Jle. slands ahaa^ in testily in;.; S(i |i(isilively Id what ean, at liesl, he a uiatt('.i' for i.,iiiiirlai(', and he tails In show la; had the sli^'hlesl niean.s (if asijerlaininfi this l lihi(;k with tlif.iii arfittti't //ir iilnndt, when* they pick up ;i ^miii iiiiiny «itiI. iitiil //I'Tf in ir/in-r //"■ t^itliiu/ of rtitvn i^irn—ir/tfu llKif 1/11 anU'iri-.^' Sii thill ( '(IcMilly, he may have .seen eows killed Nvhen arniiiid tin UIuihIh, the only \i\;wm at whi(;h lie ii|i]inreHll> ':inld ohserve them, and Ik' has men^ly eonjeetnri'd the dislaia:(! thai tla^y i,'n I'roiii laiul anil the Niimhei aetnally shot in dee]i water. This wilness " thiidvs then! is .some dania^'e dune in killiiif,' and shooting; of the eows and h^avin^ fur fiom their voiin;; anlil the yonii;; are well ahle, to care for themselves. This witness, notwith.standiiii; his 'ilhisinii 111 supposed ilania;,'e liy the killing; of mothers, the killing' of eows liy ves.sels in shun — whore thu sea is lilaek with Ihein — had to admit, "the niiinher of .seal, in the ai,'gre},'ale, i.s not apparently iliiiiiliisheil." His knowledge is eonliiieil to one year ("l.SHl), and we have better and r,nilis|mte(l li's'iniiiiiv that liiii'j; after this a ;.,'reat inereftse had takiMi pla(;e — -an increase of millions. .Mr. 'I'aylor, il ^liiMild lie observed, however, gave other testimony than that ipioted by ,Mr. lilaine. He .sail' that— '•Tlii'^i' prcilnlory vc^srls uri' ^enerHlly there (in Behrini^'s .^en) in Ihe Rpring of the yenr, when the (miwd are gning t-i the i-^lnnd Id breetl ; llKist nf the heals thiit are killed hy these lii.inimiin;; VCKSI'U iii'e iM)iv.s with yinitii;." lie estimates the number taken in IHHl at from u.UUU to 8,1)00. "These \i.«sels will take eiTiiBiiin to hang around Ihe islands, and when there is a heavy foi; to qo on the roukerie.s very often." The chief damage, according to Mr. Taylor, i.s not the killing of mothers out at sea when their viiuii;4 are on shore deiiending ii|)(m the return of tlicir iiiuthirs, as is contended, but it is due, he .says, 111 the insallieioiit ]ii'iileetioii of the island. This can, as will be jiointed out, be riiiiedied if the >ii^.L:i'sliiiiis of (ioveriiinenl Agents are nelud ujhjii in tlie lino of Ir.itter police guarding of tlii! leokel'ies. Mr. \Villiains' testimony is next referred to on ]). 10 of the Apjieiidix to Mr. lilaine's letter. TliLs ;:eiillemaii was engaged in '.he whiiling business for forty years (p. 7.'! of Kvidence before (.'ongressiol.al riiiiiiiHltce). As regard.-' fur-seals, his knowh^ige is not based u|ion experience, but " from reaili.ig ami til nil conversation with my captains" (]>. T^j). lie was called by reiputst of attorney for the .VLiskii Ciimmercial (.'ompaiiy. of which Mr. VVilliam.s was a .stockhuhler. Nil imporlance, it is siibmitleil, can be altacheil to his testimony I'egarding the lialiits and nature "1 llie seal afler such a frank coni'e.ssi(Ui. His evidence llial females in puj) mass together in the .sea liefnre landing may therefore be ilisniisseil, since he does not produci- any authority for a statement which is contradicted by expert tL'Sliiiiiiny. Xeilher in his statement tlail hunters admit that out of eigut shots they winild save one sfal mily correct. (In p|). I I .ind I 'J of the A)ipendix Mr. \\ illiams naturally gives his view fur Imliling the conlnil I'Vpr seal life in I'lehring's Sea. Il is iml denied that every les.seu of the I'ribylov group would agree I'litiiely with him in ihis. It may he remarked that he does not share the llieiuy of the I'liited States 'liiit (he chief danger lies in killing the nintheis when out in the deep .sea for food, having left their lausliiigs on shore. .\l pp. 10, II, and 12 of the Ap]'eMilix Mr. Williams i.s ipioied to show that the danger to the foiiiiilcs 'ies ill the jiiurney through the Ale'ilian Islands, with young, to the hreeiling-giounds. (/ii p. '.10 III' his Kvidnice In I'me ihe ( 'iimniittee. he illustrates the iiietlective means of protecting the Hikeries by stating :— I.jiFt full a seliooner landi d at one of the rookeries p.nd killed seventeen eows and liiiUs riylit on the breeding rookeries." I ' li d'lU " % Jli'ji^ain, at |j. lUG, lie says : — " TUtii tilie prfgt'hr nu'imurps artr Muncwhat iitaufticient in shown by the fact tliut for thu last tlirce or four ye;irs there have bctn ini*reiis«'! (Ufl^^u'tiufiioiis imnuully upnii Ibp i-otikerics. " \ i4*v.»nu('-*-^ittiT L"'''H ilpim the uronnds iintl thiMi is orih^reil north for inspection, or for reliff of a whalinj; crew, (irsonip. thitip .if UiK! kin-.l, au'l Ihi7 iii\> goni' pn'tty miicli thf whiih^ time of tlu' si'iiliiig sunson, and there a|ipeni9 to be insurlicieiu-y of w^ inethtHl of j.nityirii.ri." Oil||. \im lif. says:— *' Thpy >tw«-n! iW>»m an llif y find tlieni A vessel can approach witliin less than half a inilo or a qnarter of a mile of ti^ it\wnt\ and i>*' ' ' ;i>il;ima'^'" is done iushori', where no jiolicu imitection is enfuived. Til* hint \vy ol' ilic ntitknr\i'» ^'iven on jip. lli, lo, ami 14 of the Ajiiiendix has been dcnll with already w tliin ;;*«iif'i-. f>]i |t|i. ]-l'iwi l.'i -4 UUft Apf»'ndix an article on fur-seals, fmni " Land and AVater," written in 1877 li.v a NTr. Il>|i> i*; ivtWliecJl to. He incrclv aiUwl'-s to-slie ifldiseirimiiiatc slaughter which was iiractised (m the njokeries, wliidi lui one clcfcnds or juslJitSi'^. .Ml'. .Mclntyiv, ."i»>pHriiiti»a«i«tlt of the .>" naturally more in fovour of the Company and of the Clovernment's contciuiun, w'hirii is ,s(i ilireeliy .m the interenl of tlie Owwpaiiy, thiin the testimony of any other witness, H-c think-< mily onr-tiftii of the .seals i*l»ws wevv kiU«H. Me .4>«MitionK that if cows are killed in Aui,'ust, and their ynim.; deprived of ilieir iii'illiLrs' r.^-i', the youiiii ;j>'vifl|i The ycaiiiii perish also if the mother is killed liufurc they are born. In this witv he enilcavoHi i say that pups are found dead on the islands in iniv uuinber. When tiiis ollieer was reportiiif^ on ttf iperations of the Company, and before tiu' incswit eontenti'iii was laiscul, he .i,'ave a .Lthiwin,!.; hccouh* 'A the increasini; numbers of seals at the isliuul.s. ;is will I*' ^liowii; but at ji. I lli of the I'videnee bel^tre ' m.^re^siunal liKpiiry he labours to riMliiee the estiiit4U»-< ol both Klliott and I )all by oiw;-^.ltirW7 mt\ 1888). The (Jomiiany, however, killeil tlieii l(Mi,00(i m I'iicli t/ these years. The Covenimv.Vi'' hint the discretion to reduce the limit. TIk! (idvorii- nieiit did ij-it deeii' it nmcessary to ilo so. The Mmitxi. this witiuws .says, was inereasinj,' until JHS2, »nd tlitni other jmyites lesan the killinj,' of seals csjx'ciidly since 188-t." All tins told upon tln' KH)kerie.-i, and, he added, "a con.sidfi-able \iv\vj'nt»^" of the killing was made up of male sells (Kvitlenee, p. 117) Mr. Mcfiityi- att(5Ti»|itert to count the catcli ili ISSfl a-year were taUeii, in-irly all in ]!eIiriiig'-< Sea water he olitained liii< iiiffinnatiou is not 4ii>wiij Frnn. li. time lii.s stali'iiM'Ut i« nbvioutiy a inw*- surmise. Ke eiiuld iMtlr know pi rwrnnlh/ .if the catch bum rai': 1887, and whir!, vci-u: dii- l.o nielffective pmtection of i;ij< perccut.'.i:i- of i)j«' vff'Fi of t!.«^ )iiiw.uiders w.us made up of luhfl' him saying' (jrt ^« I K): — mid in 1887, and stated that 4ii,oi)0 skin- w instances by raids on the laud. How 11 the Island of St. Paul during all that ■ii were made on the island in ISSG.ainl .slands. After telling us that a lurgi' males, ho entirclv fcu'gets this, as we find .\ niiijoritx li IIS taken bjr m tn m i ert, in far '« '>r 90 per CMK.y iiefifim fumates." It is subn.ii,- i ih't this witness, whost iiitt.'re-'*t on MudH' ■'' the Comjiany (the lessees) is shown in his confession tiwl it was ag times neci^s.su-y, to oi*4«* t^i co-.i'iol the jirice in the markels, lor the Cnmpuny to lake lcs« t-irtmi ItXi.dOO seals (Kvid'iice, p. t'/j . haw not strengthened his testimony on llie niiiin ]ioint liy speiikiii/ ^''''ti'vely to the fullowili};, wifc'jf could unly have been known to liim liy hearsay : — (('.) IJussia (leslriiyi'd. MHWuding vessels. (/).) A I'ritish vessel, in J>«87. took 4.'it .si-als in ni-t----/''* <^ »»«reted them on a small islaiiil. li-'l them, iini! ii'turiicd lo the .sea for m«>re. (c.) Marauders kill 100,0011 eacti .sejtson. ((/.) It is not true that vessels are .seized wiien )iursuii,«; He gill' , on to say that for tlie first fifteen years of tin- t'ompany .s lease, viz., from 1871) lo 1885. till' lessees well' nniioil'sted (|>. lL".i\ which .slalement has been shown In be incorrect. He uhsci'voil that since IS.Si;, uiid eupciwjly since 1884, other ]iiiitii's have liien destroying seals, '■ reducing the eiiuililu'iiim if the se.xe.s. As will be submitted licreafler, he h.i been eontrailicted in regard to this by ev' irt writers, hi. lorians, trnvelleu, and .\genls of the rnited Stuttw' tldvernmeiit. .ilr. If. W. Kllinit, whose experience is limited m 1872, 1874, and I87IJ— when, as Mr. Mclntyiv s. is, no injury was done by nnuaudeis — is next lel'erred to by Mr. lilaine (p. lli "f .Vppeiidix). He is eferi'ed tu a- a memlier of the Smithsonian Institute ; he was also a Special Agent of the Treasury. The fiill.iuing are ixlrucls tiiken from a " liejiorl upon the Customs Districts, ^'ublic Service, ami legitimate business. irs there have htn 441 R«.source3 of Alaska Territory, by W. L. Morris, Special Agent of the Treasury Department, 1879":- " In the NoTember number of 'Harper's M«gaiine,' 1877, Rppears an article entitled 'Ten Yeori' Acquaintancn with Alaska, 1867-7"-' The authorship i« correctly ascribed to Mr. Henry W. Elliott, now connected with tho Smithsonian Institution in sub-offiii»l capacity. This gentleman was formerly a special Affent of the Treasury Department, under a special Act of Congress, .pprored 22nil April. 1874, appointed for the purpose of ascertaining at that time the condition of the leal fisheries in Alaska, the haunts and habits of the seal, the preservation and extension of the fisheries as a source of revenue to the United States, with like informaiinn respecting the fnr-boaring animals of Alaska generally, the statistics of the fur trade and the comlition of the people or ostiTi'S, especially those upon whom the successful prosecution of the fisheries and fur trade is dependent. " This Report of Mr. Elliott will be further notieiid hereafter, and, upon the threshold of criticizlnf anything he has written upon Alaska, occasion is here taken to gi . him full credit for his valuable contribution in regard to fur-seals. It is to be regarded Jautiiorily and well conceived. The views of Mr. Elliott, however, in reference to other matters of moment in the Territory, are so dismrtrieaUy opposed and antagonistic to my own that I feel er>nstrained to review some of his statements, glittering generalities, and the wholesale method with which he brushes out of existence with his faeile pen and ready artist's brush anything of any essence of ralue, li«ht, shade, or shadow in the broad expanse of Alaska that does not conform precisely to the rule of investigation and recital laid (iimn by himself, and which contrnilicta his repeated assurances that outside of the Seal Islands and the immcdiah' dependencies of tlie Aliufka Commercisl Company there is nothing in Alaska. "This mngazine article bears a sort of semi-official indorsement, its authority is not denied, and with this explanation for using llie name of Mr. Elliott in connection therewith, a few of its crudities and nudities will bo noticed ; — " ' The Sftue-ketper -f Alaaka. " ' So little is known about Alaska that whenever anything comes up in Congress relating to it information is sought wherever it fM readily be found. The " informant " is ever on hand, with his work on fur-seals comfortably tucked underneath his left arm, to impart all the knowledge extant about the country, " for he knows more about Alaska than any lue.n living." •■ ' A decade has passed since we acui'Ucu this Territory, and for a decade it has afforded employment and sub,sistence for its pn-sent sense-keejier ; but the next decade is wrrming into national existence, and it is about time this bubble was pricked and the bladder not l Keports prior to the dispute will be referred to, and it will bo submitted that his statements and e.xpe- rienci's l)efore 1888 hardly support his later theories. His statement on p. 17 of the Appendix, that woiuuled seals swim awfiy to perish at a point never to be seen ai,'ain, is contradicted liv the last witness, Mr. Jfclntyre, who picked handfuls of buckshot, &c., out of seals clubbed on the islands. His tlienry of the ditliculty of shootinf; seals is contniry i" the known practice of the hunters to creep upon the si'id .as it lies tloatini; in the calm waters of the sea, and by his own testimony before quoted, of tho iineriiiig aim of the Indian hunters. Mr. Tingle, an Agent of the Treasury, in charge of the fur-seal islands from April 1885 to August 188G, is quoted by Mr. Illaine (Aiipendi.x, p. 17). Mr. Tingle is not able to go so far as Mr. Mcliityre, altliough he was at the islands in 1886 (Evidence, p. IM), but he stated " there lias been a sliyht diminution of seals, probably." He estiiuated SD.OOO were talo^n ly marauders, and to do tliis he guesses that 500,000 were killed. This gentleman, as an Agent of the Treasury, was confined to tlie islands during his tenure of office (Evidence, p. 153). lie bases his contention on the log of a marauding schooner which fell into his hands. This log was, it may be remarked, not produced, and no excuse is given for withholding it. He produced what he sniJ was a copy. As his opinions are based upon this curious statement, his testimony can hardly k' seriously )M'essed. He testified to insolence of sealers when seized, tiiough he does not appear to have been present at any of thy siuzures. Tiuj log-book, it should bo observed, is said to have "uelonged to the " Angel Dolly." This is not the name of a Canadian sealer, and it may here be stated that no Canadian sealer has ever been found within the 3-mile limit. Tiie operations on the schooner " Angel Dolly " must have been rather expensive, and they do not eorroboral'j the allegation that large catches were made, since ,'J(lO rounds of ammunition (Mr. Tingle saiil) wore \va.-;ted for the cajiture of one seal. Another supposed entry in the log is most extra(jidinary for the captain of a sealer, under any cir- runistniices, to make. The statement referred lo is as follows; — " It is very uiat'ouraging to issue a large quantity of ammunition to your boats and have so few seals returned. " There is not a Magistmte's Court in the country tiiat would listen to this or.al testimony as to the cnnt(nits of a log. A reference to this prctendoil log — a copy of a portion thereof onl}' being produced by Mr Mclntyie (p. 332 of Evidence) — shows that the captain had an excejitionaUy bad crew. The captain described them in the following terms : " The hardest set of hunters in liehriug's Sea ;" A(( " never will lie caught with such a crowd again ; they are all a .set of curs." The captain added, however, that i[ "we only had hunters, we woidd be going home now with l,.'iOO skins at the very least ;" and from the lug it would appear that he had no regulai hunters on board. It is worthy of remark that the statements made by Mr. Tingle respecting tho entries in this illojjed log are not confirmed by an ins[)ection of the transcript Mr. Mclntyre produces (on p. 332 of Evidence). Mr. Tingle cont''adicts Mr. Mclntyre regarding the number ol seals on the island. He states (p. 102, Kvidence) that there had been an increase of seak since Mr. Elliott's count in 1876 of "\i fi!- [128J 8L I i}i 442 2,137, fiOO. ITp cNprpssfd tiatiiriil nstonisliiimiit (p. Kill) nl tlu' Mtnl(>in(!nt. of Mr. Klliutt, H'l^iirdifiir „ (It'cn'iiMc. Ill' .siiyH; — " 1 inn til n Ionk tn kiiow how Mr. Klliott ((i>tii liii* infornintion, Htt lin hail not tui'ii on tlio tnliiiiiU for rtnirtrrii yrarn," 1'usIiimI liy (lie Cliiiiiiimn nf llit^ ("niiiniilli'r by tlir fiillnwiiii; i|ii('N(ii)ii, viz., " II is Mr. Ali-Inivn', (i|iiiiii)ii tliiil llii'y liiivt> iinl iiiily imt iiiririisiMl, Inil liiivi' (it'rrdii.st'il," llir wilin'.ss, iti voply, .'ilnicl il,;,! "(lirrc liiiM lu'cii I) sli;/li/ iliniinnlidii «( nri\h, iirtilmlili/." 'I'Iki iirxl luidiniity i|iin|i'il liy llic I'lihcil Slnti'.s i.M Williiiiii (liivill, ii S|ii'ciiil Ajji'ul, nf i|„, Ti'ni'tiiry 111. .St. (linri,'(i I.-flninl IVniii jMiiy I.S.^V li' Aiimi.sl, 1,S,S,S. 'I'lic cviilriirc n|' this wilnc^s js n,,! ri'I'i'i'rril tn nl iiiiy lriii;tli liy Mr. liliiilK. 'i he wilncsM tiHlilicil licriiro t.lic ( 'iiii;;i('s.siiiiiiil ( 'iiiiiiiiillii. imwcvcr, llinl Ilic ciiiiiioyi's ol' tlic ('niM]imiy (llii' l('s.'|lts ]ilr|i'iii|, «li,.|] lie ti'lls MS (p. r.ll) llliit limy linii|.;lil, Ifiiiii llin liiilivrs iit ( )i>miliiskiv n,!!!!!) snills jviili'ij liy tlii'm. tlicvi' (p. r.ll'i). 'i'lii' I'liili'ii stall's pills Ciirwiiiil this nllircr iw ii ri'li,iiil(' wiliii'ss, timl it is, llicii'l'uiv Iml rnif 111 iilliirti impiiilitiifi' tn ii, sliiti'im'iit wliirli woiiki'iis llii' I'lirci' nl' ihn rx /uiiir slali'iiii'iii mni npininli nl' tin' Spi'iiii! .\l;i'I|Is .sent, t'l'iilll lillir In tliiii' In tlir isliimis, iiml wlin liiivc Imw 1 li liniiinlii I'niWillil lilt lii'll.lll' 111' till' rilitril Sliitrs lis willlcssi'S ill silppiul nf ii I'li'Jr wllirli inin'criis mil, iiirii.jv llii' (Jiivi'i'iinii'iit, liiil iiinst (lifi'itly till' Ii'ssi'i'.s. Till' witness slatnl tliiil niii' nl' ilm ninplnyrs i,'|' ii,,, CniiipiuiV lllill liiiii Hull wlii'ii 11 (liiviTiiiiii'iit iillii'i'f I'liiiii' tlirrc anil j,'nl nlnni,' willi tlif ('niiipiiiiy il \v;i. piiililiilili'. rpnii liriii;.; iisKnl liy llic ( 'niiiliiilli'C, lii'l'iitti wliniii lie was Ljivinj,' cviili'lii i', tn r\p|;iiii, h,. ri'plii'il Hint — " ;\ mini oinilil ilmw two snlnrii-ii. likn Mr. Knlknor innl JiiJ|{i' riliiMi'n, oni' ('nun the (luvi'ininrnl ninl imp fr.nn thr. (JimniTiy ■ (p. 1'.)!). Ml-. Minilliiii's I'viili'iirc is next pvi'smli'il (]\. I '.I nl' ,A)i|ii'n(lix). I [c wits ii (Invoriiiin'iit, ,\j;int rrniii 1.S77 In IS,s,"i. ill' saiil lliiil llinvc \\as an appai'cnl hiiTcasi' iliiriiiL; llin IIvmI. livn y.'iirs, I'.c., i„ ISS'J, tlii'll II lii'iivasi' 1,11 l>>H:"i 1 1'',\ iili'llrr, p :.'.'"i.'i). In Mils Hlati'liii'lit Im has lii'i'H i'niiirai|irt|.||l,'- nlliiial Hi'pntts, ii.s will he shown. 'I'hi' wilni'SM iiiliiiils, hnwi'Vri that rnliialr seals, al'liT ^'iviiij.' hirlli to ihrif vniin;.;, .s-m/^ p nut in ru'hriii!,''s Sea; ami hi' is nl' opiiiinii thai lawlrss hiinlers kilt all hey Iiml, uiiil liml they lilnl iiiiitiii'is iiwa\ rrmu llirir ninsliiiiis. No spreial rra.snii I'm' this opinioii i,s t,"ivi'n, Iniwi'vc., .\ sailnr, ImIwiiiiI Sliielils, nl' \ anrniivrf, rnriiinly on tin' si'ali;:;'-«rl!':nm'r " ( 'iwnlinn." is .sniil i., have tcstilii'il, wlii'ic iiiiu wlmn il is mil slaleil i|i. L'll nf .Apjii'iiilix tn .Mr. Illaine's h'llnfj, tlnil, in jSsi. out ol' liSti seals liikell hy the "('aniline" the seals wein ihieily females, I'pnn this, it iiiiiv he .siiil tllilt il is till' enstoni anions liiinlers In el...-!s all seals the skins of wliieh lire the ,si/n or niyir the fv/r of till' I'eiii.i'ie 11' " I'emaleH," hir their jiiiiitanee as In llie i|iiiilily of skiiiH in the cateli. It limy ul.sn \v leinarkeil lllill il iliit'M not iippeiir thiil these h'liiales were in milk, am! this is alwiiys knnwii winn .skinninji llie seal. " Ilry cnws " are eaiii,'lil, as has heeti ailniilleil, ami lakiiii,' this eviileiii'e, ^'iwn i:i- parli as il was, il is at lie.st, if line, an e\ee|ilinnal eise in a very small ealeli. Mr. (iliilileii WHS renilleil liy the Cniiiiiiitlee, ami i splni'ieil tliiil liis estintiile nf 4(1,(1110 ,skiiis \vn.> liaseil nil liewspapi I re)i'irls nf llie eiilih nf the seiilen He was, nf eoiir.se, iiiiahlc tn show Imw iiiiiiu of these were iaki'ii iieiiv the .Vietitiaii Islamis, in the I'ortli I'aeitie, or on ihn west eoa.st nf jiniisli (lolitinhia. or in iho I'll.iiel Sniimi, lull he eviileiilly ereilil.s tin. wholi! esiinialeil eateli to lielniti^;'' .Sm ('onsei|i!ently he was of opinimi that senliii;,' in l!eliriii,i,''n Sea shniilil he emieil, to ieail to tin! ln'Hor preservalinli of seal lil'e. It is to !ie ohserved thai iml nm of these witnesses, whose npininiis ale relied iipnn hiith as In lli. eiilrli, llie hiihit'i, and hc.x of llie neiil in deoji wiiter and the niethnd nf shnntinn, f^c,., has Imil ;ui\ expeiieiiee as a hunter or with hiiiiters. 'I'liey www imt exjierls. 'I'licy were sent to the islimd.s to , sK'iil lite (Hi llii' isliiiiilH, to tilt) iiioilc ol' killiiif,', and Ui tlid tiiiuiH wlit'.ii killod .1 ,|.,, iiiid Id llic'ir liiiliitM wlii'ii ill mill ii|iiiii llic l•lH)l^l■.|•i(^'^. ■['111' n|iiiiiiiiiH (if Ilk' ;;i'iillc'iii('ii ;;ivi'ii iMifDii' tlm (Jonj^iTSMiniiiil Ciiiiiinittri! in 18HX, for tlui liiiiHt unit llioiij-'li MiiiiirliiiirH ('(inlriulicldiy, nrc in liivouf ol' tlin iiiiildr-iiic'iiliniii'il tlicdi-ics ; — I, Thill 111'- rciiiii'ii' mciiIm wliilr nili'Miri;.; tlirir ydiiii;,' ;;d i^Tcut iliHliuiutiH in hciutIi of fdinl, J, TIml wlii'ii diit II f^ii'iil (li'.liiiiic rciMiili' ki'iiIh iiri! kIhiI, iuiiI tlii^ pups mi hIhiic iimi ]dnt, I'm- wmil ufl.lii'ii'iiiiillii'i"-' fare. ;;, Tliiit (lie ;rri .'ili'l' juirt '<( lln' (iilcli in llcliiiii^'ti Sen i.s nmdi^ up i>( fc^iiiiilr mphIh. .|, Tliiit lilt' ili'jtriii'lidii dl' till' Hi.'iil;'. when liiiiitcil dii tiic, hcii in ;^rriit in cdiimiiniciKM^ if many vKiuiiilc'l -'■'il' '"'ii'- '""'■ .Ml dl (lii'fpi'<'iiilly since l.SMJ, the inimlu'r ol' seals iiMinilly e,dllertinx mi the lireeilin^,'- .'riiiiiiil lias I'liiislalitly iliiiiinislieil. The. Ciiiiiilian ( idveiiimeiil Jniiis iNsiie iipiiii I his, anil the eiiiiiiter-a.s.sertidn is miiiUi tlmt there has {„,,,|i III! appieeialile ilimiiiiiliiiii lit 'diitwell, reports eNpedition titling; out in Australia and Vii'tiiria I'dr sealinj^' in I>eiiriu;^'s Sea with t e oliir..t of ciipturiiif; seals on their niinratiiais to :iii(l from Si. I'liiil iind St. (leor;;e Islands. Secretary rioiitwell did not consider it e.\pcdient to iiiterfcn! with liic.'ic 'iiieratiiais if they wru: carried on :! miles from land. III 1.871 .Mr. Secretary Sawyer, writing,' 1o .Mr. II, W. Klliott, relerred to I'.ritish vessels tiikiii),' liir-.^cals ill rnited .Slates' waters and to tlii^ seals heeoiuiiij,' more iiiimeroiis. Ill 187."' .'VIr William .Mdntyre. an .Assistant A^s.'lit of the Tn iisiiit, desi rihes having heeii told lliut the crew o: lli(? schooner "<.'y;;net," as she lay at anchor in Z.ipadiiee l!ay in IsTT, were shooiing .fciils fnaii the deck, skinning them, and throwing the (si'-a.^cs ■■vnrhiiard, which wiis iiluriniiig tlic .si'iils iiiiil driving them from their lireeiliiig-gvuuiids. And 'le aid; — ■ I ttinliiil 1(1 )(ivi. Ilir < itplHiit of the vr««rl llincly w.iriiiht; b(;fi)ir (ir'WTCilniK to ImrRli iiu-rt^urrn 1 loid jiniii-il tlic nHtiV( so iiflpr till' rfn.||il of toy lottrr lo tin* captuill." lie ili!Si:rihed the operations of the " (;ygnet" under the cliff near the rookery, which aliirined the seals so that lliuy Idi Ihe rookery in large niimhers. (Mx. lioe. No. 83, p. 124, -t'ltli (/'oiigios.s, Isl Sessidii.) This vessel is iigiiiii reported hy Special Agent Itryiint in IL'tli May, 1870. (Kx. l)d('. No. 8;f, 1' I'-Ti, l-lth < 'dngrcKK, l.st Se.ssion.) Kniui 1871 to 1878 Mr. K .1. Morgan, Altoniey for the .\laskit ('oiiipiiny, was on the islands 'luring the veins I8ti8 18('.',t, and from 1871 to 1878. ' He speaks of several raids upon the islands in [128) 3 L 2 i !■' I I 444 lUH tiliii', iiiul hi- »i»VK tlic whole i]\ichHoii In our or mori' .rtcVri l<> jmilni llix fookmfx on Ihr i^lnvii. (H. H. I'.X. One. N.i ;tSS:i, r.Olli CmniOMS. \^\^. r.s. 71, lO'.l.) Ill IHTfi tlu' I'viili'iici' of |)uiiii» l.vmnii I'dtiliiins ll\i' I'lilldwiiiK iuriinniilioii. (Hi'|«irl, ('niniinUci. WuyM iii\il Melius. llonHn Ui'IhiiI Nh. i'-'S.\, -Mtli riiii};rcs«, ImI McHHinii.) Aimwt'iJiin Mr. lUiruliiiml an In wlmt ho knew hImi\iI \Uo in'iziiro of t.lio " Siui Uicf^o," Mi l.yimu ivplii'd • — "Th»n> wn« R ni-iiupr mflili" nf llif ' Hiiii Dli'p).' n wlimiiior, iirnr St. I'lml l«lciiul, »ii llir 'J/lli July Inrtl ;IH":i). mi Imar.! „( whioh wn\' l.dllil fiir.KWl M\\: Tin' ' Wim Itl"."' ' "•« »•'»• w" •" Cnlifiiniin, iiiiil irrlvwl lliiw In AiiKUHt." U' !>: •> .■ ;■ T.S of tlic siuiio lu'imrl, Mr. Isllioll, in iiiLswor In Mr. tMiapiii, hiivh llmt. Ilm akiiiH inUow h„m (1 'UK Uii'jld" Weill rrnill Ol/if !.•./, nil/, one of (lie liMMecl j;roil|). ISSd Mr. Melntvii' re|iorleil llie eHliiiiiitiMl iiiiiiiml Hlaiinlifer of 5,(1(10 )irenimiil feiinilen mi (I,,. ^^'ll iJoliiiiiliia eoa.st I'l, , l\e|iort.') of .Sjieeial ,\i;eiil Odi.M ami ('a|>(aiii lliiiley r('H|'er(iuj{ (lie iieiiplt! of Aliiskn j t.lieir eoi.ilifioii ^Seniile l'',\. Hoe. No. l;lll, ■Killi ( 'oii]^'i'(w,4, 'Jiiil Siwi . vol. iv, ji. 4), Ciilifaiii lliii|,.y lays : — r.nrilin AiHll mi.l Mii» nil llii' ,o«i,| I i,liiiiiii. Inmi llu' mniilli nl tlif .SlniU ol I'u.n l,i tlii> nnitli imhI nf I'rincn (if Wnl, , |<|,|„| Hml pvofllnlili' rni|ilm mi'iil in lukmu fur ai'iiK wlil, li «,ihi In lir nnikinn llw jiiiMniiiti' iiIhiik llii' riini,| In llii' niiiili, I immu |ii,ilulily , imrllon .if llir vol niimlior llml llimlly iptn'm,":- »l llir Sonl Inlnml Inlrr in 111 ii«,'n. I iiin iiil,iriiii'il liv llii^ Iniliiiio llml huki „( llir iiriil> liiki-u nU'iiK tl>i> iiiaM jiir friiiitli'ii, anil llii'ir nkiiiK An,! n innrkvl itl llic varl'iiK lluilmiii lliiji |in>l»." On II. ;tl of (lie .same l!el)or(, m a lisl of (lie ve.-fselM lioiilileil, lie jjiviss (,lie UiiKetl .SdUe.i' si Ihiiiuci " I.olela. l)ex(er iiiasler, seizeil a( 0\o Seal I.slaii(l,'< liv ,S|ieejiil Ajjeiil. (t(l,if. Ill a Ki>iioi(, liy Speeial CoiiiiiiiH.sioiier Ivan IVdoll'lu (.lie year ISSO, lui ,'myn : - '* \n lliniit> KfnU ptifiit lip Nlitl ildwn till' iMMKl iiH iHr hh llin Straitii ol Kitrjl Htlil Ilin llliiilth nf Cndmililrt llin-r, <|iiil,' n hiimlirr oi tlirm Art' niM'iirtil hv liiiiilfrii. wliii nllinil or Rprnr tllctii im lliry liml Oii'iii nulfifp iit "fii. Almi mtiiilt ifn^rlM iiro nilr,l ,tiil m Sm FniniMKiM, witii'li n'lnilnrlir rrititn in llioni' wiil,>rii fiir llio piirpimi' nlitiin nf RlionLiiiK NliTpiiift nml." (11. U. |r,^ Dnc. N,i. m, 46th (,'on|mia, Snl SvuMon, *ol. iTiii, p. 0,t.) At j>. Ill of (lu> .same l\e)ior( (hi.s ollieer sjieiik.s of (lie imlivea Noeuriii^' 1,200 to 1.400 voiiii}; fm. soivl.s Id tronsih (liroiiuli ()oiial.i.;a I'iims. Speeial .\^eiil IV U. 'rnylor, in l.^Sl,s(a(es (liiil tlui ('oiii|iaiiy wa.i poweileH.s (o priMeel. Ilie i.ihiiiils. hnt tlial {f 1} hnrtitiir iOdii hiiilt oiiii ,1 .siiitm-loiiiii'h xttitioncii tit iitch i.iloml tlui/ rotiltl hi' /iroli-ilr /or luriitii i/iiir.i. (11. U. Kx. Doe. No. 'MH'.\, ,")0(li t'oii);resh, p. .O.S.) Mr. I'rea.siiiy Aneiil H. A. (iliiKleii. wlio wii.s on (lie iNliiiul.s Iroiii I.S.S'J to lUHfi, hIiowh thiil, ili|, livulile is at llu- ^s7(Ul the ll'Jiiil .\iii;iist. Me took 'J, 007 seah', ami was not inlerferiul with. (See his ileilunilvii umWi Vet lor the Snpiin'.ssion of Mxlra-iiiiiieial aiul X'oluntary Oaths.) Mr tieoi-ge Waiilman. an otiieer of the Initeil Stjites' (ioveninient, was at tho Seal Islaiul.-i Miiy 18S5. Ho wa.s also llieiv in 1S7'.', aiul, in luUlilion to his oviilonee liohiru the (^oiif,'ressiiinal Coiiimilli'i:, ho hius iviHirloU to his (ioveriinient. ami has written a book ujioii .Miiska ami Helirin^,'',i .Sea, " Wanliiiiiii'ti Trip lo Alaska." piiblished in l,SS4. At |i. llii 4' this is n;iven an aeeount of tho raidiii;,' of (lllii Isliuids, and the eonseipienl renuest for a revemu' iiarine ^niaiil at that phico during tho BuiiUiig .sciiwni, wliioli was p-aiitod. hi 18S,"i Captain Mel,ean aj,iiin visited Helirin^'s Sea in the " Mary Klloii." Ho was tlioie lium tlio 4th July to tho or\\ Septombor. Ho took 2,300 seals, and was not iiitcrforod with. Ca\itaiu Hoaly, in roi>ortun; on tho cruizo of tho " Uorwin " in tho Uehriiij,''s 8ca, in 188,"i, when speaking of tho .seal tisherics, said : — " nuring thi- yoar quite i numlier of irrMrIa hsvo raided Aluknn waters for •«*]» and other fur-brarini; animali," (H. R. Ki. I)oi'. No. I.^3, 49th Congrots, Itt Seaaion, vol, xxxii.) In ISSti tho Govoinor of Alaska, in his Keport for that yoar (p. 4o), .states that an indiseriiiiimiU' slanjjhtor was eavriod on prenou.'i to the seizures of 1886. In 188t> Spooial .\i;ent Tiiiolo, to Seeivtary l-'airohild, eoiigiutulated tlio (jovoiiiuiont on the iim'.4 of the " San Diego." which he aiUed " aii old otVonder." " This," Mr, Tinglo roiimrkod, " will do much 445 ti (In- ImI, NiivcMilicr. The ivIpiivi' ii'lcii'iid'H, il. in Hiiliiiiilli'il, iviIjiIiIImIi ((iinliiHivcly llii> (li'liMicdlcHH (Miiidilidii of lliu iHliiiiilH I'ltilii II"' ili'|iri'iliiliiiiiH III' lliii iiiiiriiinli'iM nr |iiiiirlii'i'M ii|iiiii I In' niiiki'iii'K Oiol nun lii'iii;^; ii Ciiiiiiiliiiii) rvnr gjllCI'llll' ImIiUhIh I'lllllll illtll llll' IKIHHIIMHillll III' lllll ('mini SIllll'H. Mr. Itlailii', in Imh ili'HpnUli ol'tlii! 'JTIIi .liiiiiiiiiy, IH'.in, ii'|iiiiiIliniil'l lir nililiil llii^ aiiiii nf ^(I'i.OnO ilollKrn I'llHliiliiH tliltji'u nn jinpiirli'il ni'iiUkliiH hiiirii liy irniil ( .nnpiuiy iinilfr lU i-niitni' 1 willi l(.ia..iii, riiiikini; u;i H|{Krrifiit(> im.nliit rr.'i ivril liy llii' Itiivi'riiiiii'iil 1111 ni'.otiiil i.r lliin liiilii^try nf \l,:i2'i,2yA 'InljiirH, In iiit( Z,'^2'l,'i^<^ in i-im-hh nl lli«. ani'iunt. piiiil Ifi RuMiii fnr llin 'i'lTrlliiry." (Urporl. of (^iti^rFHH, IKBH.) I I It ciill linw III! hIiiiwii linw iiiiuvnllnim liiiH Irtuiii tlio iiiricimii nl' h<1!iIh nii llid.mi jhIiiiiiIh, nntwitli- Htliniliil^ llin iiliHi'liri! Ill' till' pinliirtinti In till' iniiknl'ii'H lunl li-niili'. limit, wlinlliiir mniiiiil fliii iHliiriilH nr ;it till' ilini'ii'iil piiHsi'H ill till' Ali'iiliiiii niiini', wIh'Ii' tliii liri'i'iliii^ hi'1iI,< in pup i^n twin' ;i yi'ar. Ill IHIi'.l Spiinial Ajji'.nt I'lryiiiit I'Mliiniilcil tliii iiiiiiili(ir nl' hcuIh tn \m iih InllnwH t'llwl (;nii;,'ri«H, HimI S('8Hinii, Nn. .'ili, Sdniilc, ]>. 7): — ■On Ht. I'mil liiliiMil , On St. (ii'nrgft Iiiliiiiii, ToUl In 187-1 Mr. Rlliutl, after oxiitniniitioii, cHtiiimtcil tlin nunilidr nf hduIk tn liu ; — 1. 163. mill ,'i7C.oiio l,72H,()il() •On HI. I'liul iHliinil . On St. (Jenrgu lulunil. ToUl s.ojo.niKi 1113,420 3,193.420 ixrliisivii nf noii-linuMliiifr Hiials, ami uildiiin thoHO tn thf rstiinatt; nf Mr I'^llinll jii'ii ijiinlcil, lio liiinsi'H'siiiil that till! tntiil wmilil rt'iiidi 'l.TDO.OOO. Ill \i<>i\, Innn al'tiir tla; piiriml wlii'ii ^\l. M<:Ilityi'i! Htalnil Unit tlm m:n\n wi;ri! liocreaaiii;^ — an Ua .Hiiiil siiicii IKSLI-Mr. Wiirilmiui, when writiiii^ finiii tin: LhIuiiiIm, tells lis — "Till' nunilior nf Bi-nlii in HU'odily inrrciifliiiK." (" A Trip to Alaskn," jt. 91.) Mr. II. A. (iliililiMi, an A^'oiit (»f tlio Tr(;n,siiry frnni IHH2 tn tho 8tli .Inni', 188.";, an aiillmrity i|iiotcil iiy Mr. liliiiili'. in su|i]inrt nf tin; I'liitcil Slat(in' rnntnlilinn, tuM thn Oini^rnnsiniifil <,'nimiiilli;o in |.'(88, in re]ilyiiii,' tfi thi; qiicHtimi, " What (In you ."lay u.\niut tliu iiicroaso nr (liiiiiniitinn nf tin; nmnlicr nf m;ul« on tliu rnokorios of St. I'atil ami St. Ocorgo ? " "I iliil not iinlii« any cliniigi' 1 rould not Bre any pnrtiriiliir ilifft-nmrr. Tliey comii am! tiavc itieir young ami ((o away. Hw {lerioil of gestation in rtcvtrn mniiOiR, and tlii-ii tlioy rninu Imrk in tin- Rpring following. They are ttien; during th'r MiaHoii in niintlfiii numberi " (Ktideni;!! hcfiirc Congreaiional CoDimittra, p. 27.) Mr. (Jcorgc It. TinglPi a Sjit'cial Afjnnt nf the Treasury, gave his evidence hefore the same L'oraniilteu, and lie is put fnvwaid by Mr. Blaine in suppnrt nf llii! Uiiitfil States' cnnlentinn. (Appendix to Mr. Ulainii's hotter to Sir .Julian raunecfnte, March 1, \>. 17. J CnnfuTninp; Mr. (Jlidden's n])inioii, as above ([Uoted, Mr. Tilij^'le said : — "From Mr. Elliott'a HtAtcment 1 undor.stnnd that (here are no more seala now than there wen.- in 1872. 1 am at a I-ibi to know bow Ur. KlUott got liie Inforinition, u he bad not been on the itianda for fourteen yean." M i) h n ui 440 '^^ Till' siiiiic Mr Tinnlo. in ISS7. iv|»iiIim| In SoornUry l''iiiri'liilil lliiit: ' lli> liinttil llio littrn iii> or lii^t y<*>tt', itnil llii' I'-iWK ((ilttn im ilriinnly )iilt-lifil nn Ihi- «""ll«l .., niMtl .if tl(o liti'liiMit'^, \(hiNl on IWit i.ittkcfii'* (lii'n' \t «■ fullnti 'iir. // if fM'/.iiM. It.iwi'vrr. (Iii'i \ii«t iiiimlu't mI Miiirtml, \nliiitlili' 111 Mil' (io»i ninii'tH, nii' ptill nn Ihi' inoroanc. Thf iiiiiililloii nf nil tlio r""k"rl''i rniilil hoI In' hiiilci," ^ V|i|n'nilit in l(, ,!,„'' t'mintviiiiloniil ('innnnllw', IH^M, \\. .Iftll.) Ill II Iv'i'i'oil nl llic Aliinkii ( 'iiiiiiiii'iviiil I 'iiiii]>iiii\ 1 l:llli Pi'i'i'iiilii'l. |HH7)il Im mIhIciI llnil Mi. lli.nf,,,. i; riii;;li'. Ilii' A;;riil ii|i|iiimi1i'iI liy llii' Scrn'liipv ni' lln' 'riciimirv. MiiliMlinil iiilly niiiliniiM Mi, |;||iii|| jn Ins vii'W I'l'I'i'Vii'il In iilmvc, ('M'l'plili); lliiil, ii|iim ii niii'l'iil mirvcy liy liiiiiMi'lr in IMMil, In' I'lliin;,!,,,! Iliiil lilt' liiv si'iil-i ii|ioM till' IVMi iMliniil'i liMil iiii'ii'iiKcil III niniiliri iilimil 'J.OUil.Ullll n|i In llmi in,,,, Mr Tiiifi,li''N I'NiiiiiMii' I'm- IMSi'i ih r).:i:t7,V."iii (11. Ii. I'A. Pi"'^ Ni'. '■>\. .'"Ill I 'niii;niM'4, InI Hi"wiiiii), nml i,, I >i'ri'niliiir till' .\liiMkii • 'niiinn'vciiit < 'iiiii|iiiiiy. in llii'ir lii'|iiirl, Miiiil tliiil lln- hi'iiIh wmv nn ||,„ 'I'lic IiiIchI ili'liiiili' inroiniiilioii ii|i|M'iiiiii!', in llic I'liili'il SIiiIi'm' liuriiinrlil) ir;;iiriliM!; lli.' i .mdiii, nl' till' iduKi'virM I'i innliiiiu'il in liii' Ui'|"irl i<( Mr. Tin;;li'. wliu, n.i S|ii'('inl .\i;i'nl. nl Ijir Tii.;in I'l'l'iiilini'iil, Willie riiini SI. I'linl I.mIiiiiiI, AIiihKii. IIh' I'I.hI .Inly, \MH. nn InllnwM: " 1 iiin It'ipi'X In III' illili' l hl-fnliliK rnnkrrlrff An* flllcil mil In lln< lilipa nf iiirnvtirrtni Iii>rf1nfinr nitnli', nml r.inni' of tlnnii tiinch In yniiil llipvc liiifK, tili.minK ('i]r tlinl m'lil liTi' ih mil. Iii.intr ili.|)l4.|t|Mirl nl IHih;." ly ii|' I.. h'loni llii' nlmvi' I'nilcil Sinli's' nlliriiilM il in cli'iir (linl, Willi mily piiilinl |iriili'i'liiiii mi llm iilninh ho si'iil.s iiiivc iiii'ii'iiMi'il III nn iitnii/iii!' ilciji'i'i'. Iiniil.i. rniiliiinin;; ill I.MT'I Ilii" liiljji'.'il, iiiinilH.r il sciiIm I'M'r luniiil in I In- liislnry nl' Hi'iillii;; nl. iiiiy |iliii'i', cniiliiiii In iliiy ii iiinii' iiMlniinilli.^. Wlii'ii ilii' iininlii'r wiim Ii'sm tlinii Imll' nl' wliiil. il is iit. |iri'Hi'nl. I.ii'iili'nniil WiiNliliiirn M;iyii:iiil. i,| 111!' rmli'il Slnli'.s' iinw. wiis iiiHlriu'li'il In tnnln' nn invi'sliynlinii iiiln Ijii- innililinn nt' Il II' llir llllili. nf llii' Ti'iritiiry nl Aln.ikn, nml in \>"ii In' ri'|inili'il llinl I rj.lllKI ynntitj niiili' hi'iiIm liinl ln'i'ii iniininlly killi'il ill I'ncli yi'iir, I'min ISTC In ISTI,nn llin iHlninlM rnin|iii.'<| .Srssinn, II. Il Nn. i;!), IIS well ns llinl nl' Mr. Itryniil. in IHliil {^V,\. I Inc. Nn.;!^, 11,^1 CniinrnHH, linil .Siw;iiiii), liii'(;i'ly sii|i|inrl,s ilin I'niiliinlinn nl' llii' ('nimiliiin linvcrniiinil I'l'Hiuiclin^ llm iirnilnrlivciirMM nl Mm sriii luul Ilii'ir linliilM dnrin.i; llm Inci'iliiij^ scnsmi. Il IS iini ilciiii'il llnil .si'iils I'liicr I'n'liriiig'.s Sm I'nr tlm imriin.si! nl' itwnrl.inK lit tin' iHliiml.s I .yiiti' lliiMi' s)ii'rii's. mill lu'ciiiisn tlm inr liciil i.s cliii'll',' cniilliu'il to llin iHlniiiln I'nr II II |irn|i:i. ll.S |nn|iiNi. luriiii; till' liii'i'ilili.i; sciisnli it is tliiil llic sniils liiivc sii rnnslnnlly ilicrriuicil Nnlwillislnnilinj; llii' l,ix I'lVnrls nn tlm imrt nl' tlm I'liitcd Slntrn In uniinl nr (intinl Ilir lnvi'ilin;; lsl;inil;<, till' illlliriillN nl" njiliinni'liili;.; Ilii' rnn^ll rnilst.s tlli'ivnl', tlm |iri'Viili'lli'n nl' rn};s, mill ntliiT r,iiiK|.s luiV',', III n lnri;i' iln.ijli'i', lU'i'Vi'iilcil tnn ili'strililivn nr Inn nniiii'lniis iiii'ls licini; ininli' ii|iuii lln rnnkcni's. Till' ('miiiilmn (invcrnincnl nnnti'inls timl wliilc snnl.'' in rnll' nri' Inki'ii nn mnl nil' tin' iiiiisl.i i>| Itritisli Cnliiinliin mnl Cnlilninia, mnl i mul Alcnh-.tlii' I'lilK nl ilm sinls inkcii in III liiriii'' tlii'ir nii'jrnliniiM iirnr tlm .Mi'iitimi Islmnls liv linlii (' n|M'n .sen i if I lint imrl 111' llm I'lirilir I ti'rmi r lUi'il .Sen niv Imlls, bill II nlil mill yniin^j; Iml rliii'lly ynnnji mnl llinl innsl nl' llm rnus, wlmii Inkm, nir Kinnvii ns " ilry inws." ;.(,, inws tlinl. Inivi' inirsnl mnl wniimil tlmir .>niiiij,', nr cnws Iliiit, iiro Imnvn, nr llmsi llmi linvc Inst )iii|i.s I'rniii nnlinnl I'mi.scs. It iiiu.st nl.sn 111' iinli'il llmi lln'in mn iiinrc I'l'iiinli's tlinn iniilt's in n lirnl nl' .snils. ("'rriptn Aliiskn," Wiinlinmi, p. '.M.) Tlm ]insitinii tnki'ii liy tlio I'mimliiiii linvcriimrnt is siipiinilwl — t. I>v till' liL-itniA nl" tlm rnnki'rics ns nlnivn I'ivrii mnl tlm ''I'l'iil iiii.'rcusi' .si killiii,^ mill runts iiimii llu' is slmuls ilnriiii; tin' I'nsl rriiliiry. in\vii,il('M| IcMjiilc I II' I mmliiiit liy llic I'ncl tlinl llm nlil hulls llinl '"ivc liccn iililc to linlil tlmir |inMitiiiii nn Mm rnnLcrii's i,'n inln the wnlcr nt llm cinl nt' tlm iiitliiiL; scnsnii, liclwccii tlm Isl mnl IIMli Aiij;iisl. (II. Ii. I''.x. I >iii'. Nn. .'i:l, ■l-ltli I'nti'jvcss, 1st Scssinn. .Viii'i li|'('llillX. |l. i;!::.-! Mr, I'lnrk, nn tlm .Viilnr,''. ic .scnl lislicrics, in "'rim l'"islii'rics mnl l''isliciy Iinliislrics in Llm ruittil Stntcs," 1SS7, p|>. 'iL';!, rjl, sn>s :-— " 111 vciy iiliirniy Wi\-i1ln'r. wlirn liny ^1 lir niiilii) tin' ilrivrn intn (In' .ii'n, lln'y iirr fnri'i'il In In'lukr lln'lllM'Ivrft In llii' ili.ltrriii nil- ol" llir islan.l. hciui' tlip nu'ii tnui llmt uliirmy wi'illinr iir.VK llipin li!'.--!. Two or llir iM iniili'ii. Irnnril ' bnirli-iinipli'ni.' Ii.ilil ^ iinl I'liviT n «illi I'.iwn. linl iilliiw tin nlliiT iitnli'n In liuiil np. 'I'ln' iiiiili'ii fttilit iurnninly, nttii nnr iiiiiii liilil iti" lit his ii'i'lli iiiiii iliriiw him iiiUi Ihi' iiir. Tin' mulnt show tinli' wl »lii|i|vd,aiil hrtn'li fn llu tnM'i\r!i ii lli.it In' tiHil .irt'ii Hit iiiil lii.-ili' tako tl)i n yntin^i' nn' iTitli i;rt'AI ilitluully iliivcii intn tilt' m'A, riipy iir. Miiniiitni's trMtnl with linrrilil.' Iirnulity. I'lip finiitli^ii give hirlli In tin' young ioon after tlioir arritMl. AltiT leAvnig tin' rniiki'itc* ihr liuUd do lint ri'iurii to llii'in an-iiii tlinl tii^niioii." :\. \\\ tlic fnct tlinl Iwn-thiiils nt' nil tl m iiinlcs tlini mt ,0 liix'ciliim-'^rniiiul; '11 mv nn StiUv n lire never jieriiiitteil In liiinl ii|iiiii '.lu' ■hen it rixit^ land, lienl.s miles a\v;iv I'ri'iii (11. W. Kllinll. li. 1{. Nn, ;(S8:i, nlllli Cnn.-rcss, p. I 11',) n nil" intn the wnler. ((,'lnrU's article nil Aiitniclic sen.! lishci'y iniUKstricsnl' the I'liilO'l siUlio Ljnniiul with the I'cnialcs. 'I'liis lnr;;e U tlv mil nf linchelnrs, ii sccllnll ,1 vnl. ii, 1Sj^7 p. VM.) Vnuiit; seals are prcvciitcil trniii laiulili] ' nil innk kerics. iKx. I Inc. 8;t, 44th I 'iiii''rc.s.H, 1st Si'.s.■) nl liy II few nt' tlio iiialiiie iii;ilc\ reiuainiiig a i^ieaUr ]inrt nf the time in the water. (H. II. iMcliityre, 4i,st Coii>,'Vcsh, iJiid Scssinn, II. 1 Nn. oli, p. 14 ; iilsn II. l\. Kx. 1 »nc. -In, 1st Scssinn, llili ( 'niij;rcss, ji. 4.) Mr. Siiinnel l'"alkiicr. Assistant 'rrcnsury Ai^ciit. wrilinj: from St. (.iooryc Isliiiid, 1st Aiigii.st, 18'? to Jlr. I'lrymit, Trcasiiiy Agent for the Seal Islands, says: — 447 I' I inili'i' "" ""in" "'^ ""''""'"'''"•"'" I'"""'"""'"' '"'""'''> "'■""(''"I ''» T"""!! •iirlli'liirii In Inicilmii ii|i'iri Ih.' Imrlniniiriil, ,rp riiiii|'l''l''lr III'"'!""' "I' ''T fi'i""!'". Ih"" |ir.'»rMllMU lln' »ii'in« nrila ftuin IniMlinK ; niiil ii> llip (nnli.r |iiitliuii nf thi< i>laiiil •Innr m ^„„in.iinl "I iiiuli I'lill". i' "iiilrri 11 clllflrull fur iiiir eri-Kt iiurnh.T In rltril n l»iiiliri(. 'riiTi' urc iilaii n i.rniK .I'll nmlix rMtKlnnlly u)irili')f( tilt' "liori- line, wliK'li ninliea )l Rtill iimitp 'iill for ttif> v'lniK ninx) In work llif ir whjt mii Iho l«irkt{r'>iitiil " Till 11. M^^iiill, II IiiiihI 1m' II' till 'III I II 1 1 'I I 1 1 III I I lie liciii liii'i'iliiij^ HiMiJH, ciiiiiiiMliiii; III' nil I lii' vi'iiiliii;' i iiihI 1,11 till' lllllli"* llll'I'T •' "I' T VI'IIVH III' (l|,'l', lll'llllv l'l|ll:ll III IIIIMlli(r till' lilircliiiit mnlf), mill Ml. I'lllllill mlillllllril. wlii'll llii'lr Wi'iii 'I.TlM'.OdU himiIm nil llir i .liiliil. |,.MMI.O0() i,( |Ii|m niltiilii'l' wiTi' liiili lilriiliiii; hi.{i1k. (Klliiill, A|i|"'iiili\ I" II. It I'.x. I'l" Nil. K.'i. I till ('ciii;;ii'MH, ImI. Hi'Sfiioii, [1 T.Kj Uii llili'k rii;';,'.V ilayi liiiilii'lnr hchN, iiiiiiilii'ijn;; ipvit a iiiillinii. will nfti'ii liiiiil mil. mi ilifli'mil, liiiiiliii^ iiiiiiiiiiIm. iiimI nil till' ICC iiiii'iiii' III' Inn wriillirr ili,Mii|i|ii'iir intn tlm wiilf-r. (Kiiiuli, |i III, II I!,, mil I iiliyii'HN, l.4l, Si'.'^.'iinii, |';x, |)(ir. No. H.'i.) Till' vniiiiy liin'lii'lmH ilu iinl ii'iiiniii mi 'ilimi' Imi;; nl ii limi' (i'i>',r , t'ltli ( ''iiii,'n'HM, IhI Si'M-timi, Ki.. 'CI. I-. ■• ) Tlii'V ilii linl' C'l I'll!' ri'iiMi 'ili'ii'' iiiilil (III' yiiiiii!,' nil' I'l'iiii'il, I'rrmi Hiiyq llmt, Imlli jiiiriint rirplinnt, miiili) •'fliiv willi III" ymiii!:, willimil li'i'iliiiy ill. iill, iiiili! Iliij ymiiii,' iu«l) wliinli lii' ili'Rtrnyii, \t tir nlintjini frnm ili-"lroyiii|;, winlil |>i'.'i«li in in the t'llilnl ^H "iticr wHVi. ^^'llll rcnpiTt. In thr rnniirr (niiiU), I liiivti filrcuiiv jxijtilail nut. IIihI tlin n-Ntrictinn wliirti tin- l,'iiil4'd Stntfii' (invcrrinient li.vi Jilarni "ii Ilu' ilcHlrurtimi nl hI'iiIh In tin- .MaMkiin intmliin ".-I'lnn iinii"n"mftrily Iiirnr." He nilileil Ihlit Nutill'e IllLS illl|in.m'.il ii limit tn their (leHtl'U"tinii. I'tiit'i'SMiif i'',lliott liiiiisolf wiiH ol'th" opiiiimi in IH71 (h"" Iuh Report on Ahmka alrnnily refencil in, jiji, 8.S, .S'.lj Ihiit:-- " Witt) rfirnril to tho inrreair nf lli<< nnal Iif'*, I iln nnt think It. within thf* pownr of linmAti manai^iMiifnt to proniotr Ihi^ rnd to the sliehtrHt niiprrrinhlr ili'^riM' lirydtid iU pinornt rxtctit iitiil i-otxlitinn in n fitnUf of imtnrc ; for it. cannot ff! •■ftflent, from my ilflailffl iliwriptinn of thr hftliitH iiml lit<' of IIm' ftir 'umI on \Ur.tit' JHlniMJii (hiriiiK a K^cnt jirirf of the yrnr. timt, 'n hnn nt llin f:iiiiiniaii(l wMIr tiny vmit tlir land, )if ri)i(()if riiiM' tlii-ni to rnnltiply itud iti('r<>ii<«i', nn li(* would *n rniinv cnltlc, to nn initrfuiitp nMinhiT, only ItmitPiI hy ti'iif atxt Tn<'in<*; liiit tliR mfM! in (pi(»ti(m, uiifnrlutmtcly, ttkft tli« fiir-ncHl six iiiontlH unl nf eviTv ycir fur licyrmri tlic r<'.'irh, or rvm I'mny/nnrv, of any onr. Khni' it 14 •'Xpiixcd to kinpwii powtrii('ttvi' uutiir.il tticmiirH, and many otlif;r.-< proliahly iinkriown, wlrirti prfy upon ii Hrid, h iirriiHl incc with a wi||-rt'inijni/i>d law nf Nutnr'', Icrp it at aljont a ccrtiin numbtr, wliich Ir*'* hi" n for nif*!*. and will lie for th** riitu><>, >>»< iitTairH iidw nrt>, ifM ma.itmum limit of iurrra"'. 'I'liin law jioldn f^ood t'M-rywhcrii liiTt! by hiitiian lyi'H ni 17hO b7 Ihun thrrr arr now, in 1H71> an far m all tvidinrr kooh. • •••»•• " What can hv doni- to prnmntr their inrn-atr ? We cnnnot ransc a gn Ht4T nnmh fcinitlt!!* an ihcy ^ruw up and live, and we nave niort; than (^uoul;!) maleM to serve thrni. Nothing more can he, iiiut; fur it is inipuFtiihlc to |>rotf(-t them from deadly t^iM>tni«>:< in tht-ir whu irriiii;! for {inu\. "'\'Wi:> ^n>at body nf innr and five millions of hcnrty ai^tivf; aniinalii nnint contiurnf! nn ennrrnonn amount of food evor)- year. I Viitnmt m7o ^B ""^^ (-'BiiiKit av'Tii[ri> ti>»N thin Ti Ihs. of fish curb piT diom (this i^ nnt half t-uough for an adult matt-), whi.ib ^ti>i thf; onsumption of I, AU„UHl, lU , ^B mr thrcv miUion ffint, iif fish i-vrry y.-ar ! "To get tilth in inenw' fond supply Ilu- tvalfl are contpdlrd lo diipcrtw over a very 'ari;** '^^t■^ «f the North Parifif: and tish, Tlii« i¥ '<' ;l 448 bring! them into fontjirt mnrc and mnru with thoir rnfmii'i «« thfy «(l»«nre Miuth, until Ihtj letrh a point where their mjij deitrnrtlon from nnlurol foci ia equal to their incre«io, and nt thii point their nuniher will remain died. About tlic Seal liljun), | have failed to notice the least diiturbaiire amoni; thrie animals by anything in the water or out, and from mjr obieryutnm 1 an, i„| |^ belloTO that it is not until they doiwnd well to the lonth in the ^ th PaciAc that they meet with iharka and »onirii>u, jju whalei."* Tho following' oxtmct from the Report of Mr. II. II. Mclntyru, Special Agout of llio Ticasurvin the islands in 18(i9, livr^'cly supports the foregoing views : — From " The habit! of the fur-ienl nre peculiar and, In coniidering thp action noceaiary to their pnjtpclinn, du«erve careful attention 1 thf (tntemcnta of the cinplnycH of tho late Kuaaian- American Company, the information deriv.il from the intcllii;rni natin. chij '-Uil of St, I'aul hlund, nnil my own observation during the summer of 1HIJ9, I have reni^hid the following roneluiions ; The sealj ^acb the Islands of St. I'aul and St. George in Moy, June, and July of eaiii year in tho following order — firit, a small numbir of nlil nu| "eals, known at ii'»y», visit tlie islands very early in tin' spring, or as scxin m the ice lias melteil aultiiHi'litly to allow them to rearl, nj rocks upon tho shore. Their object at this time seems to he sidely to reconnoitre their old rookiiries with u view to reoccupy thfj, jf they have not been disturbed, and tho nativi'B, so understanding it, ovoid nny noise likely to alarm them, and in case tlie vm\ j,,, such direction as to carry the smoko from tho Srttlenient towards tlie rookeries all tires arc extinijuished. After a few duj, n,,, pioneers take their departure, and as tlii! season advances, if they liave been unilisturbed on the occasion of their first visit, iliey reiun l)ringing with lliem all the males of mature uge, uiiove 5 or ii years old, who are able to mainloin their pilules in the br«Jin» rookeries. Climbing Ufi on the rocks, each seal selects his position and takea possession of and occupies through tlie seaioo if luHiciently strong, from one to three sijuaio rods of grnuml. Still later in the season, when the ice has nearly disappeared, the lemaie, arrive, conveyed by the young males above one year of age, wlio are unable to occupy the rookeries with their suniors. The dmaln immediately on reaching the ^hore, are appropriated by the -id males and taken to the places respectively selected by them f ir tti,l reason, which is generally tho same for many successive years. It is asserted that the same male seal has boen known to occum on, rock fur more than twenty seasons. The young seals above one year of age, called bachelors, Uike their positions around tlif tig,^ of the rookeries or rimain in the water, and are ccmatantly trying to steal the females from their respective masters, who alu ^ each other of their families, by stealth or strength, whenever occasion olTers ; and thus an incessant quarrel is maintained at ill points, which keeps tho old males constantly on tho alert. They never leave their places, seldom sleep, nor do they eat aayihiu whatever during the entire seas(m from May to August, when they go Into tho water j but, as far as can be ascertained, take no fa,! until their final departure in November. It may be remarked, however, that they are very liit on arrival and (|uita as lean at thetiim of leaving in autumn. The young seals are supposed to feed while in tho water, but this has not been definitely proved, nor is the nature of their food well known, since an examination of their stomachs seldom reveals more than a green mucilaginuus miiitr, Following all others, the yearling seals arrive about tho middle of July, accompanied by u few of the older mates, and remain for the greater part of the time in the water. Soon after their arrival in the months of June and July the females bring fortli tlicir younr" (Ei. Doc, 41st Congress, 2nd Session, No. 36, p. M.) Kefereuce has been inatlc to tlie raids ujion tho rookeries, and to the fact that insiiilicient care has been taken of tlie breeding- grcuind. It is contended that it is tlie duty of tho Government, drawing iin enormous rental from these islands, to carefully guard and protect them, and it is undoubted tliat, with efficient protection, the increase of seal life will be more marvellous than ever. Mr. Tingle, in 18S6, in his Report to Secretary Fairchild, urges the Government to keej) a ciittet around the islands from the 1st July to the 1st November. Mr. Morgan, in 1888, in his evidence before Congress (p. 23), said there were not sullicient cutters for the protection of the islands, and Mr, Wardman, Special Agent of the Treasiirv at the islands, 1881 to 1885, said :— " I think the Goverimient ought to keep at least one revenue-steamer therein and about these two islands up until the middle ol October at least. The trouble has been in 'lie Revenue Marine Service. The appropriations were all right, and a fellow would be sent u]) to nominally protect tho Seal Islands, but ho would also bo ordered to look tor the North Pole as well as watch the Seal Islandi. He might find the North Pole, but not around tho Seal islands. Ho would be away just at the time he would be needed arouud there," (Evidence before Congressional Committee, p. 38.) The Honourable Mr. Williams said : — "The Government practice, through the Treasury Department, has been to protect these waters so far as they could with the revenue-cutters which are at their command. Still it bos frequently happened that a revenue-cutter goes upon the seal groun i^liirU wumII br uiulir lit htiol nC the ('innp;iny, miil h* ihf e\|iii-alion nl I'm lt>Me ?robnltIy hv die i"i'"'. 'Inf 't li;>'l "•' 'i"I"' "' '» rm 'vv.tl of it'* |)ri\ili')(fii. t'lidiT iU.-mh t'irctiumtHiit'i'x llio iiovfi-iiiiu-nt of tin- Unitnil SUW «""''' "•''''""""•'"y ''*' »ii' jfi-lfil t>i urcat p\|i/ii'^i' tiiiil trnnlilr, " yor il:i"ic rniHiiiiH, hilctl} "ttitiii, liiii valid, ai* liivy iipprar to iiic, t immdhI fonciir in llir »uKK*'*(iun lliat the Ulniid^ ihoulil Im leiifiltoniiv Coiiipiiny for a pwrind nf yr«r-. ■' Inrt-'iiitirh iirt it v,\\\ ))t> iMvr-^^iiry rnr tlif (io\i'nini;'nt nf (lie t'lillr.) M itc^i In nmiittuiii io Hutl nmuixl ih" iolnriiU ii oiililary And MTfti fiurc fi>r llif pi-ntf<-tioti nf iN tiitiTolH iiitilir any plitii tint i- m liei (h-\>M'il. I atii vt npMiinn tint it ih txtiiT tint the (i >\rriiiiiintin- rnolrol nf the llllHil|f^H nl tin' itfliiodH, and rti-ltidc i vi-rvlioily but iIn : wo HerviuitH atul ui^lmiIs ; llhii. it >liould ritahlifh ■! rii;id MVAtnu of pnlii-f, rxubidiiiic fiom Ihf i>hiitd-t diiidlud ii|iii'i'< toid tin>-ariu>«, ami Miibfi'Ct vii^ttt^^ thai luiu Ii tht'rr to fiirfrituir. ■!!«-< pi tvlifn tliry am drivi-tt to !*v\\ sIm-IIi-i* or fnt- rot fMiry rupuiri). 'Hie roiiilitinuM of sui'li ucuitpaiii'y mid t'onlrol by tht* riimrriniriit "f tlic Unitrtl Stati-s hitfo tn nic t't brt thc.<*e: — ■' Ut, th" tirln^icu nf til her particB ; 'Jnd, thi- supply In the loirivi i nf .• buHiiu'Ks, " Till' p )i'li<») of ihr 8urplu!i i*<|ullably bulollf(in^: to t)it- nattven noKbt be set uaidf for lh<- purpose of fijucatiou nnd ruUifiouii tciirhinir, ita- div'timi of inoru Miiitablt' dwelliiif^ii than llu-y now posHcssi, uiul |{i-iii>rttlly for their phj-Kicul, iiitclU-i'tuid, and inortl iiiiprnvriiHiit. - If tlif (invcrinnrnt were to Ichc tlit- ii^luiids il wnuM not be possible to wilbdrnw futiruly the military ami naval foriTfl, or to nerl^ct a i iri'fnl supirvi^inti, ami tlit* additional evpt-n^e i:onsei|ueiil upon iituinini^ poitw.iiiioii of the liusiue^A of the i«land» in the luriiU of IliP (invcriiuu'nt would not l)i' lame. "Onlmaiity, 1 :i;;rri' in llii' opinioi) that a (invfrnuu-tit, < fpctMuUy one like that of llie Uniti'd Stuti'M, \s not ndupU'tl to the m&nai.'f.■ left opi>ri to ir.dividiuil i-nmpetitioit, and if it Is to be n ,n(,„0|M)ly. wliitlur prolitable or ..tlu'rwii.e, the interest of tliu (iovrrnnx-nt U xa lar^e, and tin- rxprnsca incident Io Ihr protection of these islniiilH ho i^roat, that it cannot atl'ord to iubNtitutu to any I'Xtent the monopoly uf nil iadividuul or of u Cunipuny for its own IiirfalBtipcrvision. "Should (be (iovernment ,ail in the attempt to manaL;e the busiiic^:! llirougb its own a^cntri, there nill then be opportunity to least' the lisherlcs to private partie't : but my opinirui is that a larger revenue can be obtained from them by actual manH(-ement than by a lea*'. " In further reply to the Ucidutinn, I have to^^ay that ths skin-* taken in iS'iS were removed by Messrs. Knhl, IIutchiiiHon, nnd Co., the Solicitor of tbu Treunury beiiiK of opinion that the (invernTurnt bad no lei;al authority to iletuin Ibein. Those taken in 18G'J ire uiion the iflamls, hut no decision ha* been made toucbini; the rii(bl« of the (invernment. " In concluding this Report I tlcsire to call the attention of Cuiiifress to the fact tha^ it is neci>ssary to k-gi^^late immediitely ao farfw to provide for ibe business of the pri-nent year. The natives will commence the capture of Heats about the 1st June. " If the islands are to be leased for the present year it should bo done immediately, that the lessee may make provision for the buiinei'S of the year. If the business of the present year is to be eondueteil by the Government, m I think it should be, whatever our future policy, legislation is necensary ; and I augf^est that the Kecretary of the Treasury be authorized to appoint Agents in Atn.-ka who iHaU lie niipowered to superintend the capture of the seals and the curing of the skins ; and that an appropriation shall be made of lOO.OUO dollars, out of which the natives shall be paid for the labour performed by them, and the other expenses incident to the busiuf^' aiet. "The Hecretary of the Treasury should also be authorized to t>ell the aklns ut public auction or upon iiealeJ proposals at San Fr*rci''''o or New York, as ho may deiin moit for the interest of the (iovernm'nt. " It should be observed in this connection that the tJovernment derived no benetit whatever frtun the seal fishery of tin- year 186S, i>i>d lliiit the skins taken in IHttO are. nominally t\t least, the properly of two Companies, while the (loveriunent, lollars a skin. Mr. ^[llore, in a lieport to the Secretary of the Treasniy (II. It. Kx. J)o'. No. 8;!, |) lllU, 44th (,'oiiUi't'ss, 1st Session), says, when alliiilln;^ to the advi^ahlllty of killin,^ more stals than pre.serihed liy the Act of the 1st July, i.STO :— " It seems llwt tlie lOO.dilO fur-seals I'nnii mir own i^IilllJs. li'ijcilii r wiili till) 30,000 obliiini'd liy tlicm from thr .\.siiiti ■ isliimls, bf<)iileH tlic sciittt-'riiii; fur*seals killoil in the .South St-ji. In fai-t, it is jirettjr rviilent lliut the Vf'ry rt'strii'tion of till' iiiiiiibi'ra killi'il is tihout llie iiiust v.iluable part of the tVunuliise uf tlic \hiskt\ Coiiiiuercial Comii-iny. anil it is only iiuolher proof of the absurdity of tin' freipu'iU cliari^C!: nulde af^ainst them that they surreptitiously take from our'isbmis '.ill,OUO or ^0,000 inuri^ HeaU tliuii they arc entitled to take. •'Tlirre do;'S not exist any doiiljt, nor indeed is it denied ipy tlu* Alaska Cominrreiiil Compjiny, that the li';i , IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 ■so 1^ 2.2 U IIIIII.6 ^ /2 <^ / !..«:< Sciences Corporation i\ k •^ \ •^ ;\ \ V 23 WCST MAIN STRUT WIBSTER.N.Y. MSSO (716) •73-4503 % c^ I II 450 Mr. Miilntyrt!, mice a Special Agent, lias already liecn iiuotud, ami wus al'terwiinls in ilic ■-.■i\i,i. ,, tlM) Company, reportol, in 18G9, to the Spealn .• ol'tlie IFimne of ItcjiresentutivuH, Mr. liliiiiic (II. |;. |;^_ Doc. No. .'IG, 41st ( 'onj^Te.s.s, 2n'l ScHsion), Hint, — " The niiinlMT of akinn Hint may In' scciiri'd, howevii, should nut lie taken ns the orileriim nri which tci I'lx ihi limii i,i iv yearly nieh, but rather tlie ilrmniid of the market, keeping of enurne alwnya within llie annual iirmlaeliun. It iiiipeiu - tlini nnj,, the Kusaiun nmnaifement a much larger number was aometimea killed tliiin could lie advaiilagenuKly dis|iosed iif, 'I'Iiun in Isii:!. aii,, the slaughter had been »iniluct;'d for some years without rei(ard to the market, an neeumulatinn of KUO.OOd skins wus rnunil in ilir storehouses on the islands, 700,000 of which were thrown into the sea as worthless. At several tiiius since thst dati- Hie niiiikn li,> bfcen glutted, and sales ahnttst or quite suspended. A few months pn>vioualy to the transfer of .\ldSKa to the United .Stittes m iil wort* worth in London oidy 1 dol. 50 e. to 3 dollars each, and several tliouaand skins owned by the Unssian-.Xtnerlrnn ('(iinii^niy nen* sold to parlies in Snn Fruneisco, at the time of the tranafer, at BO (Tills to I dol, 25 e., n sum insiilfieipiit to poy the pn -i in f i,i „| seeiirinK and transporting them to that eity. iioon afterwards, however, fur-seal garments became fashionable in ICnnipe. :iiij in % expectation tliat the usual supply would be cut off by reason of the transfer of .\laska. prices advumvd to 4 to 7 ilolinrs |),t »|,in; (TOntrnry to the expectation of dealers more than 200,000 skins were taken by the varinua parties ent^nued in llie bu^iiit i... (in di,. islamla in IStiH, and tlie London pricti has declined to H to 4 dollars per skin ; and 1 am assured that if the raw skiii>. leiw hchl by dealers in Ijondon were thrown upon the market, u suliicieni sum to pay the co>t of transportation I'nim the islniiils i hi Inniii be realized, llic number nf raw skins now upon the market is not less than .1.''>n,000, and it is predicted that sevet-nl yc.irs nnw elaps4< before the demand will again raise the price abo\u the present rate, if indeed the larg3 surplus of skins docs not rnn y it iiiti,.)i lower before reaction begins." Many of i\w diiiifieis to .seal life iiavt^ l)eeii mi'iitiimecl, and il lia.s liecii shown iJiiit llir In id -liH thrives; but the wondoifnl productiveness of the seal is furlliev shown liy an alln.sion Ui » i|;in;'ii {greater than all the as.saiilts of mail in the deep sea, a dmigcr cvev e.\istiiijt, which natii!.ill\ |l■l|ll^ i;, kce)! the seals inshore, or, when outside, to sc^atter. liefeienee is made to the kilier-wliales and shark.s. (If. 1!. I",.\. Doc. No. S;!, 44th < 'nii.iiew, 1st Session, p. 177, and [ip. SH, 87 of Apjiendi.x to the same docnnieiit ; also p. 11.^9 of Kvideiuc liifiiie Congressional Committee, 18S8):— " Thai these animals are preyed upon extensively by kilh-r-whales (Ofcr^yladiatuf) in (\-4pet-ial. and b> sharks ahil pruli.iiiU iitlivr submarine fiies now unknnwn, is at oiire evident; fur were they not held in check by sonic such cause they would, as they i-.\isl lu.ilay on St. I'aul. ipiiekly multiply, by arithmetical ]irnKressioti, to so great an extent that ihe island, nay, Bebriiig's Sea itseir, eiiulil nut contain theni. The present annual killing of lOtl.OOO out of a yi'arly total of over 1,000.000 males does not in an appreeiulili' tl(i(ii,> diminish the feul life, or interfere in the slightest with its rcjcular, sure perpetuation uti the brceding.grounds every year. Wr. in.ii. therefori'. pro|ierly look upon this aggregate of four uiiil five millions of fur-seals as we sec tliein every wason on thfsr I'riliyW Islands as the maxiliiiiln limit of increase assigned to tliciu by natural laws. The great eipiilihrium which Nature hiilds in lil'e U|i(iii this earth must be sustained at St. Paul as well as elsewhere," (IClliott's Heport. pp. 02, 04.) " When before the (.'nnimittee of Ways and Means on the I7tli March, I87(>, on the investigation before alluiled to. Mr. Hllioii made a t-iniilar statement, giving in somewliat greater detail the reasons tor his iMncliisions. His evidence will be (bunil anirseil u the Uepiirtof the C'ominitlee."" (Report No. 023, II. K., Illh Congress. 1st Session.) liespecting the practice of scaling iis known in Canada, il niny be Siiid: — • Canadian sctdcis start ont upon iheir scaling voyages some linic in I lie licgiiiniiiguf tlie >ciir. Tli.- ve.ssels go (hiwii to a ]iiiint oil' San Fraiiciscci, and from thence work north. Tlit^ seals taken by tiimi "II the coast are of bnlli sc.\cs, many in jiuii, sonie young bulls; very few ohl bulls run in ibc I'lnilie Ocean. 'I'lic catcli iif caili vcs-id Mill aveiiigc between -"lOil and 7lli' si'ids a-yctir lictween llie Nl .biiinau- ami tii(^ end of Jlay. When an untiiiiiii'd crew is taken, many shots may be tired witlmul hitting the .seals at all. -iii'c the novici' cxjieets he (an liit when at fi eonsideiiible distance, llu' >cals in such ca.s(!S cscii]iing eiiliniy. lait with Indian IiuuIits and expert whites ti seal is nearly always captured wiieii hit. An cNpeil mvii shoots until idler he has arrived at do.se (inarlcrs, and genefiilly when the seal is tislcfp. In I'.ehriiig's Sea the catch is niiule up largely of yniiiig liachclors. Sealing eii]iliiins cimtcnd that no male becomes lit for the. ronkeries until (i years i if age. 'flli^ cmitention is Mipjimled by tlie aiitlioiities to whom referciici^ lias already bi>cn made. It is further eiinteiided that should a temporary diminntinn of seal life become ii]i]iar( iil iiiinii ilie islands of the I'libylnv group II would not follow thai llie herds were decreiising. I'rolessor I'lllieil. iii his l!e|)(irl of IS74 upon Alaska, .so frcipiently rcf;iivd to in this paper, argues, on |)p. J(i."i nu'l I'liii. thill ill sinli il ciisc a correspiiiiding iiiignn'iilatidii iiiiiy occur in ('ii]i|icr nr ricliiing Isl.iiiil, -'iki' '• these animals iire iinl jiarticuliirly iitliiehcd to the respective [iliices of their birlli '" : — "Tims it nj'peius to me necessary that definite knowledge concerning the Conimaiider Islands and Ihi' Knriles -Iniiilij Ijc possessed ; uitlimit it. I .'liouhl not hesitate to say that any Ueport made by a:i Agent of the I)t-|iartiiient as to a visilile diiiiinuti.-n dl* the seal lite on tii,- I'ribylovs. due in his opinion to the eOeet -if killing, as it is cntulueted, was without good foiindatinn ; tli:il llii- diniinulion would have iieeii notiii d just tlie ^anle in all likehhood hail tliore been no taking of sods at all en l)i<- isLiiitl^, atiil llint th,- missing •'enla lire more than probahlv on the Uus^iiin gronmN." ,\Vi/r' nil till' IJiiritinii Iif till- I'riitn'liihi nf llu- Fur-Sni/ ill. l/ir Xolili Purijii: r.y Mr. (ieorge Dawson, D.S., K.C.S,, K.,i;..S.C., F.K.M.S., Assisliini Director of the C.eoldgieiil Simrvn' Canaila.) TliiMiiode iif |ii'olcclioii which is apparently advocated by Ihe I'liiled Stales' ( lovcninieiil in ll:e ease iif the I'lir-scid. viz., thai of leasing lite privilege of killing tlie aniniiil on llie breiiding-giciiuiils iiiiil |irohiliitiiig its ciiptiiie elscwiicre, is a new departure in Ihe niattcr nf such iniilection. If, imlec il. ilm whole swcejiof the racilie Occiin north (if the I'',(|uator was ilnuiiiiated iind etlcctively controllci! by lln' United S,,;te.i, ximelhing might be said in favour of some such mode of pnitttctioii from ii coiiiiin rtiiil ]ioint of view, but in the actual circnmstiinces the results wmild be so entirely in favour nf llii^ rniU'ii States, iiml so completely ojiposcd to the interests and natural rights of citizens of all other coaiitries, that il is preposterous to .■•:u|)pose liuil sut'li a moile of jiroteclion of these aiiinmls can be luiiintiiiaeil. Stated brietly, the position of the United Stati's in tin; niattcr ap])i!ars to he based on the iiliii "I dlnwing, for ii money considt'ralion, tln^ slaughter of the maximum jiossible number of .seals comoiililile with the eoiitinned existence of the nniinals on the I'rihylov Islands, while, in order that this niiiiiiici ahull not be rudiieed, no atMilini.' is to be permitted elsuwliero. •-- ■' ' ]!■ Ni .l;ilili;i;\- ■I'ii'ill Siirvi'Viil' 451 Siicli ill! n^.siiinplion.i'uu.L)tt UtitLtl, ui.tliiA uum;,. ou. onu or othui' only o[ ttru }{tatHuU<:-v-> v r •■! I. TImt lJc'luiii;4'.s Sen is a /««/•<; c/aiwuiM. ■•• . ; L'. That each mid i-vory fiii-scul is tin- i)n)i)fci'ty of tin? UniUnl Stati's. Itdili claims have bueiinuulniiL uuefoiui.ui'. other, but.uuithui! lias, «o. ikt us L kuaw, [hum oUWiitlly IdHiiulHU'il. Tli(^ Hrst is simply ilisprovi'il liy tlii^ },'oo},'m|)liicnl feattires of ISehring's Sua, liy the, liu^t tiiat tluH jca ami l!(.-lii'in)>'s Stiiut uuiitriliiitu tin; opttii lii<;liway tu tliu Auitic and to part of Ihu norlliurii Hhorc of 1,'itiiiulii. )iy tint pruviouH action of tin; Uiiitud Slututi' Govurumcut wkuit tliis sua was ncaiiy sminiuidi'd !iv liiissiiiii torritory, and by the fui-t that Ikjiu 1842 to the datu of thu puii^liasitof Alaska Uuels. of (iiiikil Siiitfs' and otliw whalers wviv. uunually t'nBiij,'ed in IJelirin<^'s .Si;a. It is sfaicoly ' issililu that iuiv H'liiiiis atli'inpt will lie mado t" suppoit this cuiituiitiim. (Baiicrofrs History, vol. wNiii, Ala.skti, 11, ."iS:l il snj.) Thi' second ground of clitini is cantiidly advaucwl l>y II. \V. Elliott, who writes: — , - •! --'riu- t'm''!ipiiU of Alai*kii. (lollectivrl^r Hint indinduiUy*' nru'tlin prupvrtjr ot* tlw CicnernI GovMrniiiciit Kvery fur-sAl {iLivin; in tlj<- miters of lli'liriuK'n ti>» aniuiiil aliaur tlM i'ribjrliiT lalvidi, nii inatti-r if fininil an ili>ini( 100' iiuIfs nwii; fnini tb, has bet^ii begotten oiiil born tlicreuii, and U the animal tUat the uxplicic Bbiuld of thu law prutitctt*. Ntt legaX ^n|ilii^m or (|iiibbli: can obmd tlio wlH)Ie truth of my (^tatcnteitt Ttu* niatt-.T i". hovvevcr. now lliovnnghly aiiprrciati-d and undiTstniid at the Tn'aRury i>uparttnent, and ha» hean tlurinff tlit> paRt tour yrari, mm *ho #va\ pirntti.i have di-H'^vered to their chagrin aiiil di'mmfilurr," (Unit- J Stnteii' 10th Ceunua. vol. viii, Fur-Seal Islunda, p. lai.) Waiving l',)i' the moment tli(! guner.il olijciliun which may In; raiscid to tiic cnrnrcenn'nl of such a |iriiiiipli' on the hif^h seas, an eiiforceuicnl whicii tlui United States, in (he interest of (he Alaska Km r(iiii|iany. iipjjcar to have iiiKU'itakoii, tliu facts upon wliieh the iissuniptiim are lia.sod may be i[m'.stiiiiied Mr. lilliott, in fact, himself writes, on the same ]n\.si;i, a source of undoubted SIiLscovite deliglil and emolument, ami of eorrcspoiidiiisj lo.ss anil simiiic lo us." This remark implies that the seals may resort to either the I'ribylov or tlie Russian Islands, luximliui; to circumstiuuit.'s ; and who is to judge, ii: the case of a iiaiiicular animal, ill which of theue lilaces il has been born ( The old theory, that the .seals returned each year lo tht; same spot, has been ainiily disproved, l•;lli.^tt himself admits llii-^, and it is conlinued (oji. ril., ]i. Ill) by Captain Charles iliyiiiil. who resided eight yeiu's in the I'ribylov I.sliinds us Government Agent, and who, having marked tnil seals in 1870, on St. I'aiil I.sland, leeogni/.ed, the iiuxt year, four of them in dillerent rookerie»s on tliiit island, and two on St. (.ieorge Island. (Moiiogmiih on North American I'innipeiluA, AUuu, 1880, l.,40].) It is, moreover, by no means certain that the fur-.suaLs breed e.xclusivuly on (he Uu.ssian and 1 nited StiiUis' Seal Islands of Uehring's Sea, ttiongh these islands are no doulit their priiieiind and important Imniling-phices. They were formerly, according to (/a])tuiu Shannon, found in considerable numbers nil tlie coast of (California ; and (,'aptaiu Bryant was credibly informed (" Marine Mammals of Coast of Nmth-West North America," ])]). 152, 154, qiu)ted by Allen, up. ril., p. 'SS'Z) of the existence iu rucent ycais (if small breeding calouicB of these animaLj ou the Queen Charlotte Ishinds of I'riti.sh Columbia. Mr. .\llen further quotes from the tibservations of !Mr. . Swan, field Assistant of the ITnited Siiitc's' Commissioner of Fish uuil Fisheries : — " Mr. Swan " (I quote from Mr^ EllioU), " ha» paaMd r.nir iiiv avera)^ lifetime on the norlh-wrst itnut, and hai renilFml to iidiunil scteiiue and tu ethnolo||y-.eflirluu( wul valuable ivrKMet." His statements may therefore be received with respect. He writes. — " The fact that they (the far.f<'iil!<) do buur pupa in. the OfMin uaean, utf Fuca .Strait, is woll cstabliilied by the oridenoe of every i.iie (tf tite iiealing cuptaina, the Indians, and my own peritonal observations. Dr. I'otver aays tho facta do not admit of dupulM. , • . , It M-ems as prt'postcrous to my tnind to HUppoKu that all the fur-ticals of the North Pacific go to the I'ribylov UUndii an to suppose Ihat all tlif salmon go tn the Colundiia or Frascr River or to tin* Yukon.** Til this Professor I). S. .lordon, tho well-known natumllHl, adds : — " 1 may remark thnt I k-iw a live fiir-f>cal pup at Cape Klattery, taken from un old seal just killed, showing titat tlie tijiie of 'iriiigiiig them forth was jimt nt hand,'' On these statements Mr. AUoii himself I'omnrk.t:—!' .-.vn., . "These oliaervations, aside from thojudieiou^ suj^eation-* made iiy Mr^ Swan, are of special interest as contirniing tlios* made Miniu yetrs ago by Captain Dryiintk and ulmuly briillyi nHunled ill thui work. Tlicy aeem to show thol at least a ctirtain number of 'I'teaN repair to secluded (daeeii, (uit«d to thuir niiid;, Ub far nouth na tlie latitude of Ca|io Plmtery, to bring forth their young.** mien, <);i. n'/.. pp. 411, 772, 7iS.} Mr. Elliott, of course, stoutly denies the authenticity of all these observations, it being tiiilii so in order to maintnin his contention as to the owuei'ship of the United States' Govt'r till.' Alaska F\ir Company, as the case mny be. in the seals. necessary nmeiit, or till' Alaska Fur ( ompaiiy, as tlie case mny be, in the seals. It has further been often slattil that the killing of fur-seals in the open sea ofl' the North I'aeitie IOII.SI is a comparatively new depni+iire, while il is, as a matter of fact, morally certain that the Indians "f thi' whole length of that coa.st have pursued and killed tiioso animals from time immemorial. As the i--i1,i/. ,,1* t\n\ ul^rinu I10.J l.i.tt'(ti..^i< ..11I1P j.r l.iln I'lini'u I iititniiiii fiillt- L-iif.i,'ii mi, I •> ..>i.....>i..t ... I ti 1 till' value of the skins has, however, mily of late years become fully known iiiu ., , iiiitiiiiilly dillieult to obtain much trustworthy evidence of this without considerable research. Some laels ran, however, be aiidnred. Thus, Cii))tain Shannon described the mode of Imntiiig .seals iu canoes I'liipliiycil by the Indians of Vancouvrv Island, and refers to the captuii! of seals by the Indians (inthc J*tmits of F'uca, whciv, he adds, tlie\- iippciir — me years us early as the l»l Maivb, and mire or less ipmain till .luiy or AUgilsi. uui luey are most Iniiimis ilrrtle iicarlii all llmir lint to srai'mg ir,,rn the trcalher mill perinil Maj , During thrufi two monlAt Ih [128] rmain till July or AukuM. but tbey are moKt plentiful in April u.;'l tntittn Bit ««i i tut U*jm/Xj1>< *t\iir mtmm^^ii '' 3 M 2 il i: 452 III 1843 to 1864 only ii few dozoii Hkiiis im; known to Imvo Ijeeii taken innuially, but in 1R69 fully 5,000 were obtnineil. 5Ir. AlU'n, wiitin}^ in 1880, states that — " Daring the winter montlm conniclrrablc nunihcrs of mmIsVIdk an- taken by the natWi-t of British Oolumbi", mnie jram m mm a« 2,0(10." (Ailcn.o/j.cir.pp, 332, 371,411.) Till' jnotoi'tioii of till! fur-.xcnls fmin cxteniiiiiatioii lins from time to tinui liceii specioiisly ndvaiiccd 08 a stiflicii'nt vca.soii for o.xtr.ionliiiiiry dojiartiircs from the reajieot nsunlly paid to private jJidjuTty and to iiiteriiatioiinl riijlits; hut any piuti'i'tion based on the lea.'io of the brecdiiiy-giounds of tlics,. animal, as jdaees nf slaiij,'hter, and an attempt to preserve the seals when at larjjc and spread over the Dcraui.ta they are diiriiiu the "greater ]iait of each year, is unfair in its oiieratioii, uii.sipund in ] liiieiplc, ami inipiwti( able in enforeemciit. Ivefeniiij; to the interests of the Indians of thri north-west coa^t, it is true that a ciMtain nuiijln of Aleuts now on the I'riliylov Islands (398 in all, according to KUiott) are dejiendent (ai tiie sfulinj. business for sulisisteiiee, but lliese islands were uninhabited when iliseovoird by the Ifu.ssiaiis, whu brought these i)eople here for tjieir own eouvi'iiience. Further south along the coast the nalivi's of the Aleutian Islands, of the south-ea.st coast of Alu.ska, and of the entire coast of Jtritish Colmnliiu have l)een, and .-it ill are, accustomed annually to kill consideiublo numbers of seals. This it would lie unjusi to interfcio with, i-ven were it possible to carry nut any regulations with that effect. The furtiin development of iKeanic .sealing affords employment to, and serves as a mode of advancenieiit and civilizatimi for, tiie.so Indians, and is one of the natural industries of the coast. Xn allusidii mwl (,. made to the prescrijitive rights of the white sealers, which are well known. The unsoundness nf this principle of conservation is .shown by what has occuiTcd in tlie l^diitliom Hemisjiliere in i'cs]iect to the fur-.seals of that regitui. About the beginning of the ceiitmv vm productive sealing-grounds existed in the Falkland Islands, Kergueleu Islands, Georgian Islaml-i.tiic west poa-st of Patagonia, and many other jdaces similarly situated, ail of which were in the course of a few years almost absolutely stripjied of seals, and in many of which the animal is now piacticallv cxtiiii't. This destructicui of the southern fur-sealing trade was not caused by pronii.scuous .scaliiii; ai sea, but entirely by hunting on and around the shores, and, had these islands been prntcctod m breeding-jilaces, the fur-seals would in all jirobability be nearly as abundant in tlie south to-day !is they wi're at the date at which the tradi! commenced. The impracticability of jireventing the killing of seals im the open sea, and of ellicieiitly pafrullini; the North I'acilic for this imrpnse, is sulliciently obvious. The seals, moreover, when at sea (in iiiarkfd contrast with their boldness anplcd, il niiglil be reasonable to agree (for the pui'iiose of safeguarding the i.slands and k polices liuipnses) that the jurisdiction of the United States in this matter sliimld be admitted tn extond to some gieati^r distance than this usual one of :i marine miles, though, as shown further en, tin' necessary distanc(^ would not be great. The sitiiatinii of the I'riliylov Islands and the habits of the .seal together cause the iiroldcni ef its preservation to be one nf extreme simjilicity if appitiached from the point of view of protection en and about tiie islands, bsit one nf very great dillicnlty if looked at frmii any other standpoint. The lonj- eoiilinued and presumably accurate observations which have been made on the habits of the seals sliov, that during the entire breeiling s(>a.son they are very closely eonlined to the iinmediatc slnacs et ilie breeding islands, and that neither in arriving nor in de])aitiiig from these i.slands ih) they forni .s(!ii»il> u' ajijiear Ingelher in such numbers as to render jtromiscuous slaughter at sea po.ssible. Tiic cdd liull* Actually remain on shore during the entire breeding sea.son, while the females, though leaving tluif young from time to lime for the water, are described as haunting the immediate vicinity of the Avm just beyond the line of surf. Even the bachelor .seals (Elliott, op. tit., pp. 4.''), ()4, it ^wisim ,■ Alliii, ep. lit., p. :i8(p), which conslilute a distinct body while a.shore and are not actually engaged in bvedini; or protcrting the young, are said to remain close to the shore. If, however, any seals are to lu Imiii'i at this time going to or returning from the .sea at .some distance from land, these belong to llif "bachelor" class, which is the very cla.ss selected for the killing by the fur ("oni])aiiy. The young 458 ((iiuilcs, ;iftev It'iiviiij,' the islmids iii tlio yi'ur nf tliuir liiitli, i!o not ri'tuni ul :ill till after leinlilng maturity in tlieir tliird yeiir. (Allen, op. rit., y. 403.) Till' evitlence olitiiineil by t'liptiiin livyiint hIiows tlmt while "small i^nmps of snmll souls jonie jiars M mu, ^| (jpiMniilly 1 mi'l - veal's nlil)" iii'o met with nt liirnu in IJehring's Sen iliiiinj; .Inly and Aui^ust, no ,,i„isiil('ml)le nnnibei'H oC sejiools ai^e to Ih- IVmnil. (Allen, np. ri/., \t. 411.) It is thus apijai-ent that the |H'rl'eet secniity ol' the seals actually en!,M;,'i'(l in lnvi'dinj' and suckliiift tlii'ir viHinj,' may lie sernred wiliiout t!.\tenilin),' the limits <>l' proteetion lievond llie usual distance el 3 miles f'''J"' the shores of the lirecdinj; islands, liul that for the purpo.se of iiicicasint; the facilities ol ,i,ii(.rvi»ion a somewhat wider limit minhl reasonahly lie accorded, ros.^ilily liy dutiuiuK an avei; iiiclnseil hv lines joininf; ]M)iiitH i! miles otV the extreme headlands and inlets of the I'rihylov tjrouji, an ample and iniolijectionalile area of jirotection niifjht he estahlished. It is allowed by all naturalists that the habits of the fur-seals of the Soul hern Homisiihere are identical with tho.se of the seal of the North Pacitic, aiul it is therefore admissible to (juote the iilHcrvutions of Dampier on .Juan Keniande/. I.sland in fiu'ther confirmation of the fact that the«u iinininls t,'o only for a very short distance from laml during' the bivedin}; season, even when in inunense multitudes on the shore. Dampier writes: — " llert> art* always thousandii, I tiiight say pnsnilily millinnH nt' Ihciii. either Hitting on t!u> hays ur ^oiii;; ami rnming in tlir ^e• round ll* i»lanil«, wliidi ii covcml »itii llinn (as tlii'y lii- at tlie top nf tlic wiiler jilaying and tuiniing tii'inn-lvcs) for a milt or Into fnm the tkore.*' (" \ New Voyatcs Rounil the World,'* 1 Ta,*) : ((iiolcd by Allen, op. cit., p, ^31.) Tlics.' riidicries have, like others in the .south, been lon<» since de|det'(l and iibamhuieil. The liicumstanee that the female fur-.seal iKicomes iire^'iiant within a few days after the birth of its yiiiiui:, and that the |)eriod of ^testation is nearly Iwtdvt^ months, with the fact that the skins aiv at nil tiiries tit for market (though tor a few weeks, extending from \\u\ middle of Au;^u.st to tlu! end of So|)tciahcr, ibiriii},' the progress of the shedding and renewal of the longer hair, they are of le.s3 value) show that there is no natural basis for a tdoso .season giMierally applicable. Thus, .should any eloso wa.s(iii be advocated, its length and the time of yeariluring which it shall occur can only be ileterinined iisii matter of convenience and be of the nature of a compromi.se between the various interests involved. Till! )H'lii^ii., habits of the .seals during fully six months of each year, and the fact that they are during tlieciitire winter sea.son widely dispersed over the I'acitic, constitute a natural iind unavoidable close scisoii. It is thus (inly ])o.ssible, from a commercial point of view, to kill the seals during the period iif their ajiproximate concentnition for migration or when in IJehring's Sea. This is the period fixed liy Narire during which seals may be taken, and any artificial clo.se sea.son can be effective only if •ipplied to the further curtailment of the time at which it is po.ssihle to carry on the fishery. It may be iLssiiint'd, therefore, a.s such a close season for seal-hunting at sea must Ikj purely arbitrary and artiticial, that any closi? season proposed by the United Stales or the lessees of the Seal Islands will be chosen entirely in the interest of sealing on shore, and so arranged as to render the lime of scaling on the open sea as short and unprofitable as iiossible. It is thus important that the sea-going sealers shoiiM at least have an etpial voice ill the matter of the time and duration of a close period if such shoiiM be contemplated. (Signed) GKOIIOE M. DAWSON .\l,uch :., 1890. No. 322. Sir J. Paunct'/ole to the Marquis of Salisbury. — {Received April 26.) (Telegraphic.) Washington, April 26, 1890. I HAVE received the nmendmonts proposed by the Canadian Government in my new (Irnt't Convention referred to in my despatch of the 1 1th instant. I propose to submit tiie draft Convention to tlie Conference on Tuesday, «ith the amendments, unless your Lordship instructs me otherwise. No. 323. Sir J. Pauncefote to the Marquis of Sa'lisbury. — {Received April 30.) (Telegraphic.) Washington, April 30, 1890. I HAVE sent the draft Convention to Mr. Blaine, with a letter supporting our eountcr-proposal. I sent your Lordship copies by post yesterday. d 'I i 454 No. 324. , ;i ii' >:< ' . '• ■ Sir J. PaiiHcefotP to'the Marquis of -Salishury. — (RucekedMm/Gi.),' -xa My Lord, . Washhujton, April 25, ISW). IN obedience to your LorJship's instructions conveyed to me in your tolegraai of the 15th March, I have the iionour to inform you that I communicated copies of uu despatches of the 7th and 11th February, respecting the asHessnient of diinmf(e8 iW seizure in Bchring's Sea, to Mr. Tupper, in order that he might consult his coliea^ue, on the subject during his visit to Ottawa. I hnvc now tlic honour to inclose a copy of tiie letter in which he informs me ol the views of the Domirion Government as to the procedure to he followed. From this letter it appears that the Canadian Government desire tiint I shouli) endeavour to assess the amount of daniajics with Mr. Blaine, but that they would prctW a modification of the procedure suggested on the j)roposed n'ferencc to nrbilration. I have the honour to request that I may be informed whether yotir Lnrdsliiii approves of the nudification in Mr. Blaine's proposal suggested by the Canadian Govern- ment, and, if so, whether I am authorized to accept that proposal as so modified on heimlf of Her Majesty's Government. r have, &e. (Signed) JULIAN rAUNCl-yFOTE. luclosure in No. 324. Mr. Tupper to Sir J. Pauncffotc. Dear Sir Julian Pauncefote, Washinyto)!, April lf>. 18'JO. REFERJUNG to the c(^i«s of your dcspatohcs of the 7th and 11th February, addressed to Lord. Salisbury, and which you handedi to me, I liavc now to inform you that during n)y visit to Ottawa I discussetl with: my oelleagues the subject to nliicii they refer. In the despatch of the 7th Fehrnar\- you say Mr. Blaine was willing "to evaminc and assess the damages with me on the sanre principle as if the liability of his Govern- ment were admitted, then to refer the question of liability to some eminent jurisoimsiilt for decision on written statements and answers submitted by the two (iovenimciits respectively." It will bo agreeable to the Canadian Government that you shoiUd endeavour to assess the amount of damages with Mr. Blaine. Touching Mr. Blaine's proposal for ascertaining the liability, my colleagues think that it would be proferabie to the mode suggested that a statement of the case should be made, setting out all the facts connectod with the action of the Revenue cutters of Hk' United States concerning Canadian sealing-vcssels, their crews, cargoes, papers, &c., in Behring's Sea, and. the question propounded u])on such a statement should be whether the conduct of the UnitodSlatcs in the'-pvumiceHiraH-juatiflablaundei; the principles of international or naiturah law. '' . .' The question "on written statomeats aad anavcre 6ubmitt I am, &c. (Signed) P. CUllRIE. No. 320. air ./. I'liunri'/ole to t.hf Marqulx of Stilishuri/. — {Itecfivvd Maij 8.) » My Lord, Wnshington, April 29, 1890. , WITH rct'crence to my despatch of the llth instant, 1 have the honour to inclose copy of a letter whicli L Imve this day addressed to Mr. Blaine, inclosing the draft of a Convention wliicli I luivo prepared for the settlement of the Bchring's Sea. Fisheries question, and which has the approval of the Canadian Government. > I have, &c. (Signed) JULIAN PAUNCEFOTE. . ■|i endeavour to Inclosurc 1 in No. 32Q. ■ ) .S/r J. Pauncpfotfi lo Mr. Blaine. Doftr .Mr. Blaine, Wanhimjton, April 29, 1H9U. ) AT the last sitting of the Conference on the Behring's Sea Fisheries question you; I'spressed doubts, after reading the Memorandum of the Canadian Minister of Marincj and Fislicrics, which by your courtesy has since been printed, whether any arrangement coultl 1)0 arrived at that would be satisl'actory to Canada. You observed that tiie proposal ot the I'nited States had now been two years before Her Majesty's Government, that there was nothing further to urge in support of it, and you invited nie to make a counter-proposal on your behalf. To that task I have most earnestly applied myself, and while fully sensible of its great difliculty, owing to the lontlict of opinion and of testimony which has manifested itself in tlie course of oun discussions, I do not despair of arriving at a solution which will be satisfactory to all the) (Jovernments concerned. It has been admitted from the commencement that the sole object of the negotiation is tiie preservation «'f the fur-seal species for the benefit of mankind, and that no considerations of advantage to any particular nation or of benefit loany private interest should enter into the ((uesiion. Such being the basis of negotiation, it wouhl be strange, indeed, if we should fail to devise the means of solving the diHicnlties which have unfortunately arisen, f will proceed to explain by what method this result can, in my judgment, be attained. The irreat divergence of views which exists as lo whether any restrictions on ])elagic sealing lue necessary for the preservation of the fur-sea' species, and, if so, as to the character and extent of such restrictions, remler it impossible, in my opinion, to arrive at any solution which would .satisfy public opinion either in Canada or Great liritain, or in any country which nniy be invited to accede to the proposed arrangement, without a full inquiry by a Mi.xed Commission of Experts, the result of whose labours and investigations intlie region of the seal fishery would probably dispose of all the points in di.spute. As regards the immediate necessities of the case, I am prepared to recommend to, my Government, for their approval and acceptance, certain measures of precaution which might he adopted provisionally and without prejnclicc to the ultimate decision on the points to be investigated by the Commission. 'I'hcsc measures, which I will i?xplain latet on, would cfl'ectually remove all reasonable apprehension of any depletion of the fur-seal species, at all events pending the Report of the Commission. It is important in this relation to note that while it has been contended on the partt of the United States' Government that the depletion of the fur-seal species has already commenced, and even that the extermination of the species is threatened within a mcasurnlile space of time, the latest Reports of ihe United Stales' Agent, Mr. Tingle, lue such as to dissipate all such alarms. Jlr. Tingle, in 1887, reported that the vast number of seals was on the increase, and thiit the condition of all the rookeries could not be better. > . . * 460 In his later Ucport, ilntcd the -Olst July, 1888, ho wrote ns follows : — " [ am hnpi>*-to Ite able to report that, although late landing, the breeding roukcrio are filled out to the linos of measurement heretofore made, and some of them much beyond those lines, showing conelusivcly that seal life is not being depleted, but is fully up to the estimate given in my Keport of 1887." Mr. Klliot, who is frequently appealed to as a great autimrity on tin- sulijoct atKrms that sucii is the natural increase of the fur-seal species that those animals, were they not jjreyed upon by killer-whales {Orca ijlmliator), sharks, and other sulimarino foe? would multiply to surh an extent tliat " Behring's Sea itself could not contain tlicm." The Honourable .Mr. Tupper has shown in his IMemorandum that the (lostniction »{ seals caused by pelagic sealing is insignificant in comparison witii that caused liy their natural enemies ; and he gives figures exhibiting the marvellous increase of seals in spite of the depredations compl.iincd of. Again, the destructive nature of tlie modes (if killing seals by s])cars and fire-arms has apparently been greatly exaggerated, ns niavbe seen from the affidavits of practical seal-hunters which I annex to this letter,* ton;etlior with a confirmatory extract from a paper upon the " Fur Seal Fisheries of the Pacific Coast and Alaska," prepared and publislied in San Francisco, and designed for the information of Eastern United States' Senators and Congressmen. The Canadian Government estimate the percentage of seals so wounded or killed and not recovered at *'» per cent. In view of the facts above stated, it is improbable that pending the result of the inquiry which I have suggested ony appreciable diminution of the fur-seal species should take place, even if the existing conditions of pelagic sealing were to remain uiiclmnged, But in order to quiet all apprehension on that score I would propose the foilowin" provisional Regulations : — • 1. 'J'hat pelagic sealing should be prohibited in the IJehring's Sea, the Sea of Ochotsk, and the adjoining waters, during the months of Afay and June, and the montiis of October, November, and December, which may he termed the "migration periods" of the fur-seal. 2. That all sealing-vessels should be prohibited from approaching the brcudiii" islands within a radius of 10 miles. Tliese Regulations would put a stop to the two practices complained of as tcndin>h Contracting Parties, shall be prohibited from approaching the said islands within a radius of 10 miles. ARTICLE VIII. The High Contracting Parties may, pending the Report of the Commission, and on its recommendation or otherwise, make such further temporary Regulations as may be deemed by them expedient for better carrying out tiie provisions of this Convention and the purposes thereof. ARTICLE IX. Every vessel which shall be found engaged in the fur-seal fishery contrary to the prohibitions provided for in Articles VI and VII, or in violation of any Regulation I made under Article VIII, shall, together with her apparel, equipment, and contents, be liable to forfeiture and confiscation, and the master and crew of such vessel, and ever; | person belonging thereto, shall be liable to fine and imprisonment. ARTICLE X. Every such offending vessel or person may be seized and detained by the naval or other duly commissioned officers of any ot the High Contracting Parties, but they shill be handed over as soon as practicable to the authorities of the nation to which tbej respectively belong, who shall ahme havo jurisdiction to try the offence and impose tiie penalties for the same. The witnesses and proofs necessary to cstablisii the offence shiU also be sent with them, and the Court adjudicating upon the case may order such portion I of the tines imposed, or of the proceeds of the condemned vessel, to be applied in I payment of the expenses occiisiuned thereby. Preven- tion of marauders. Further provisional itegulationi, PenaUy for violntinn of prorisioiiil Regulaliuna. Seizure for breavli of provi!>ion»l Iteirul'itiuna. Trial of offences. 469 ARTICLE XI. This Conrcntion shall be ratified, and the ratifications shall be exclianged at miinotion. in gix months from the date thereof, or sooner if poHHible. It shall lake effect on such CommcnM- jjT as shall be agreed upon by the High Contracting Parties, and shall remain in force •"•"" ■"•' notil the expiration of six months after the date of tlie Report of the Commission of ConMniioo. Imports to be appointed under Article I ; but its duration may be extended by consent. ARTICLE XII. The High Contracting Parties agree to invite the accession of the other Powers to Acmmiod (be present Conventio . °f^»»hM IncloHurc 3 in No. .326 Extract from a Pamphlet entitled " Fur-iteiil PishtrieH of the Pacific Cotml and Alanka." Published by C. D. Ladd. IT is claimed that many seals arc shot that sink and are lost. Undoubtedly there »re some lost in this «ny, but the percentage is light, probably one in thirty or forty, not more than this. It is also claimed that ten are shot and woundetl that die to one that is wvurcd. This is also an error. Many senls are shot at tliat are not hit at all, but when iHoal is woimded, so tiiat in the end it will die, it is most always secured by the hunter, who may have to shoot at it several times in order to get it, as the seal in the water exposes only its head, and when fri<>htcned exposes only a smnll portion of that, so that, tos:ether with the constant diving of the seal, the motion of the boat, &c., makes it very bsrd to hit. This is where it is claimed that ten arc shot and wounded to one that is secured, but it is nearer the (ruth that one is lost to ten that arc secured, for the reason thnt when a seal is wounded it cannot remain under water any length of time, and therefore the hunter can easily follow it up and secure it. No. 327. Colonial Office to Foreign Office. — {Received May 8.) Sir, Downing Street, May 8, 1890. IN reply to your letter of the 5th instant, I am directed by Lord Knulsford to acquaint you. for the information of th? Marquis of Salisbury, thnt he does not sec any reason for taking exception to the proposal of the Dominion Government that the question of the liability of the United States' Government to pay compensation in respect of the seizures in Behring's Sea should be submitted to two eminent Judges instead of the single jurisconsult proposed by Mr. Blaine, if provision is made for securing a final decision in the event of a difference of opini[njest\"s (iovernment would bo <^\a.A to bo kept informed by tclegraiih nf any advance in the nej;otialions. No. asa. '/(• J. Pdiinrrfoto to the Marquin of Salisbury - 'r.-r ived May 8.) (Tele!?raphic.') Washington, May 8, 1890. VOilR I.irdsliip's telegram ot to-day's date received. I will telegraph without fail as soon as £ receive any communication from Mr. niaine as to his views on the draft Convention. Although A» friendly as ever in manner, he has hitherto maintained absolute silence on the subject. Would your Lordship authorize me to inform him that you approve the draft, and hope tl'.at it will bo accepted by the United States' Government ? The desired information may thus be elicited. No. 330. The Marquis of Salisbury to Sir J. Pauncefote. (Telegraphic.) Foreign Office, May 9, 1890. I HAVE received your telegram of to-day, and, in reply, I have to inform you that you are authorized, if you think it advisable, to inform Mr. Blaine that Her Majesty's (iovernment approve the terms of the draft Convention submitted to him by you for the regulation of the Behring's Sea fur-seal fisheries. No. 381. The Marquis of Salisbury to Sir J. Pauncefote, — {Substance telegraphed.) Sir, ' , ■ '" Foreign Office, Mau 9, ISW. I LOST no time in communicating to the Secretary of State for the Colonies copies of your despatch of the 25th ultimo, and its inclosure, relative to the assessment of compensation for the seizures by United States* vessels of British sealers in Behring's Sea ; and I now transmit, for your information and guidance, a copy of a letter containing Lord Knutsford's views on the matter.* •No. 337. 461 As it is very «IcHiriii)Io tlint tli t noKntiiitionH now pontlinfif sliduld lio Itroiin^ht to an j.(,rlv ft <"'">'''"*'•"" iw IMMsilde, I tele ;rn|iluMl the HuhHtniu-c of the ('oh)nial Odico h'ttor to you tliii* (lay, desiring you to consult iMr. TupiM-r on its (-ontcnts hi-toro iiii](roacliing the rnitcil StiitcH* flovornnient in regard to tlieni. I am, 8tc. (Signed) HATJanURY. No. iV.V2. The Mnr(jm» of Sniishiiry In Sir J. Paunrcfole- Sir, Forn^n Ojh'i'r, M(ni 10, 1H. I HAVE received your despatch of (lie 20th ultimo, covering copy of a note ill wiiich you suhmitted to Mr. Hiaine tlie draft Convention, wiiicli lias been approved hy the (Jovoniincnt of Canada, for the Hetllementof the Meliring's Sea Fisheries niH'stion. as well as a copy of the draft Convention itself. 'I'lie terms of your note are approved hy Her Majesty's Government. I am, &c. (Signed) SAMSMUHY. No. 833. Sir J. Piiinin-f'olf lo till' Marqiiin of Sdlishiirtj. — {Received Minj ' 1.) (IVicgranhie.) tVusliinqlon, Mmj 11, IHOO. WITH rcr'orenee to mv telegram of the 8th instant, Mr. lilaine has informed me that lie will send me a comnnmicatioii before the end of the week, in whicli be will cxplnin why the UnVed ^States' Government are unable to accept my draft Convention in It-i present shape. He told me, however, at the same time, that he thought a iiasis of arrangement wvs oflered by my proposal which he was in hopes would lead lo a settle- ment of the question. No. a34. Sir J. Pauucefote to the Miirqiiin of Salinburtf. — {Received Maij 1 1.) (Tclegmphic.) Waghinnlon, May 11, ISOO. AS to compensation for damages referred to in your Lordship's telegram of the 9tli instant, I have prepared, after discussion with Mr. Tuppor, a draft Arbitration Agree- ment on the basis of your Lordship's instructions. Mr. Tupper will to-morrow take a copy of it to Ottawa for the approval of the Canadian Government, and should his further services be required here, will return immediately. As soon as I receive the reply of the Canadian Government, I will forward copy to your Lordship. Proposal for arbitrators and umpire will be agreed t(^ by Mr. Blaine. No. 335. Sir J. Pauncefote to the Marquis of Salisbury. — {Received May 14.) (Telegraphic.) '-■■■•■ ■ - Washington, May 14, 1890, MB. TUPPER did not leave for Ottawa as stated in my telegram of the 1 1th instant. Draft Agreement was sent there by post instead of being taken by him. «U«JI •l^^^tt.it^t 4B2 ' m No. 336. The Marquiit of Salisbury to Sir J. Pauncefole. Sir, Foreign Office, May 22, 1890. I RECEIVED in due course your despatch of the 23rd January," inclosing copy of Mr. Blaine's note of the 22nd of that month, in answer to the protest nmde on hehalf of Her Majesty's Government on the 12th October last against the seizure of Canadian vessels by the United States' Revenue-cutter "Rush " in BehringVs Sea. The importance of the subject necessitated a reference to the Government of Canada, and some time elapsed before their reply reached Her Majesty's Government. The negotiations which have taken place between Mr. Blaine and yourself afford strong reason to hope (hat the difficulties attending this question arc in a fair way towards an adjustment wliich will he satisfactory to both Governments. I think it right, however, to place on record, as brieHy as possible, the views of Her Majesty's Government on the principal arguments brought forward on behalf of the United States. Mr. Blaine's note defends the acts complained of by Her Majesty's Government on the following grounds : — 1. That " the Canadian vessels arrested and detained in the Behring's Sea were engaged in a pursuit that is in itself contra bonos mores — a pursuit which of necessity involves a serious and permanent injury to the rights of the Government and people of the United States." :.'. That the fisheries had been in the undisturbed possession, and under the exclusive control, of Russia from their discovery until the cession of Alaska to the United States in 18G7, and that from this date onwards until 1>86 they had also remained in the unilis. turbed possession of the United States' Government. 3. That it is a fact now held beyond denial or doubt that the taking of seals in the open sea rajndly leads to the extinction of the species, and that therefore nations not possessing the territory upon which seals can increase their numbers by natural gn)wth should refrain from the slaughter of them in the open sea. Mr. Blaine further argues that the law of the sea and the liberty which it confers do not justify acts which are immoral in themselves, and which inevitably tend to results against the interests and against the welfare of mankind ; and he proceeds to justify the forcible resistance of the United States' Government by the necessity of defending not only their own traditional and long>cstablished rights, but also the rights of good morals and of good government the world over. He declares that while the United Siates will not withhold from any nation the privileges which they demanded for themselves when Alaska was part of the Russian Empire, they are not disposed to exercise in the possessions acquired from Russia any less power or authority than they were willing to concede to the Imperial Government of Russia when its sovereignty extended over them. He claims from friendly nations a recognition of the same rights and privileges on the lands and in the waters of Alaska which the same friendly nations always conceded to the Empire of Russia. With regard to the first of these arguments, namely, that tl>e seizure of the Canadian vessels in tiie Behring's Sea was justified by the fact that they were " engaged in a pursuit that is in itself contra bonos mores — a pursuit which of necessity involves a serious and permanent injury to the rights of the Government and people of the United StatC'i," it is obvious that two questions are involved : first, whether the pursuit and killing of fur- aeals in certain parts of the open sea is, from the point of view of international nioralitv, an offence contra bonos mores; and secondly, whether, if such be the case, this fact justifies the seizure on the high .seas and subsequent confiscation in time of peace of the private vessels of a friendly nation. It is an axiom of international maritime law that such action is only admissible in the case of piracy or in pursuance of special iniernaiional agreement. This principle has been universally admitted by jurists, and was very distinctly laid down by PreJow, the pursuit of seals in the open sea, under whatever circumstances, has never hitherto been considered as piracy by any civilized Stata. Nor, even if the United States had gone so far as to make the killing oi fur-seals piracy by their Municipal • No. 878. vernment on 463 , l^n. would this have justified them in punishing offences against such Law committed by any persons other than their own citizens outside the territorial jurisdiction of the United States. In the case of the Slave Trade, a practice which the civilized world has agreed to look upon with abhorrence, the right of arresting the vessels of another country is exercised only by special international agreement, and no one Government has been allowed that general control of morals in this respect which Mr. Blaine claims on behalf of the United States in regard of seal-hunting. Hut Her Majesty's Government must question whether this pursuit can of itself be regarded as contra bonos mores, imlcss and until, for special reasons, it has been a this Department by the Collector of Customs at I'livt Townseiid, from Xeea-ah Bay, that British vessels from Victoria cross over into American waters and eii<>;ag(' in takinji; t'lu'-seals (wliicli, he I'cprcsents, are iiiimiiilly becoming more numerous on our immcdiatf! coast) to the great injury of our scalers, both white and Iiulian, you will give such ])roper attention to the examination of the subject as its importance may seem to yim, after careful inquiry, to demand, and with a view to a l(ej)ort to the Department of all Facits ascertained." (Ditto, .May Ith, No. 117, p. Hi.) In lS7u, ^fr. Mclntyre, Treasury Agent, described how " belon; jiroceeding to liaisli measures " he bad warned the Captain of the " (Jygnet," who was shooting seals ill Zapadnee Bay, and stated that the Captain appeared astonished that Iu; was Ineaking the law. (Ditto, .March 15tb, 1H75, No. 130, p. 121..) Ill 1SH((, the fur-seal trade of the British Columbia coast was of great impoitauce. Seven vessels w(mc then eunagcid in the t'shery, of which the greater number were, in ls8(i and 1SS7, seizi-d by the United Stati;.;' Government in Behi'iiiLf's Sea. Ill iy8l, Daniel and .Vlexander McLean, both British subjects, took the American scliodiier "Sail Diego" to Behring's Sea, and were so successful tliiil they returned tlu'ic in 1HS5, from Victoria, with the "Mary Ellen" and the " L'avouriL*;." No. :537. .Sir J. Paimccrote to the Marquis of SuUnburii. — {lifccifcd Miiji 2 <•) (Tplegraphic.) Wiishinytoit, Maij 22, lh()(). A STATEMENT appeals in the iic v,,papets to-day thai after a Cabinet Council, lield on 'I'uesday. it has been decided to reject the British eounter-iiiopusiii, and instruc- timis have been issued to the officer coiiimanilin^ the Uniied States' Keveiiue criiizer •Bear,' now lyinij- at Seattle, similar to tliose of la-t year, with one exception, viz., that, instead of capturing, she is to dismantle all vessels found sealing in Behring's Sea, and to seize their log-l)ooks and skins as evidence in ease of judicial proceedings being Iftkuii. I went at once t i'«>|ilitMl tliiit on that lUTiiHinn ho hiid in \m niiiul Iho iincNlioii of iirhilriljin,, )„,( ho (lid nul (hinl\ wo woiiiil cvor iiK'rot' iih Io IIio I'orin nf iiucHliims In !>(> HtiliinilliMl |„ Ariiitriitioii. I will not I'OMso io proNH Mr. Illtiiiio limt our |tro|ioMiilH nmv loci'ivo ii rnniml nidy No. :»:is. Hivhvi'l from llir " iMoniimi I'oxt " of Mini '.';», |H!)(). TiiK ItKinuNd'N H|.;a I''isiii;uik.s. f KoiitcrVs Tt'lcji'rani. | \fir Yorl,-, Mini 21. 'IMil''- I'liilcil Sdilis" Kovoniio ciidcr "llcai" lias Ucon niiliMcd to crnizi- in H,,. Boliriiig's Sea I'or IIk pvoliM-lioti ol' llu' seal lislii'iics. with itislniclioiix to .ri/.r umi tlismanlio all vi'-sols IoiiikI violalin^ llic Slahilc. in nnlcr (o (lo|iri\o llicni ol' lln' hh'ihh of its luillior \iolatioii. Tlio vrs^ol is also onlorcd to sci/c I lie lo;;^ anil skins mi iMianl vessels I'onnil illojially lisliinfj. ami to pri-siTVc tlioin as (>vi(lt'ii(,'o a^ninst. Ilio oll'i'iiiliui' pcrsuns. No. ;i:M). The Miifiiuis of Sallslmrii to Sir ./, I'liiiiiri'fhtv, (Tolosrrapliio.) hoiriijn O/licr, Miii/ -I'A, jsilO. THIS morninjt's now8|mi>orH contain a |iMr«sjra)ili wliidi staics, in Hnhslaiici', llmi tho I'nitod Statos' ( iovornniont liavo inslrni'ti>d sonu- of (heir ships of war lo proi'ccd in Bohrinir's Soa. with orders lo taKo hmcIi slt of Omadian vossols hy I'nitod States' Hovoiuio cruizors in Bohriug's Soa. Those arijumonts Moro not such as llor Majosiy's (iovoi'iunonl could admit lolic \'alid according to tho estahlishod priiKMi)los of intornalioual law, or suIVumouI to jiistifv the act4S couiplaiuod of. Tho reply has hooii for some time in draft ; hut llor Majostv's Government wore unwillinu: to introduoo any nnnoeossary elenniut of eontrovorsy into tbe uegotiatious iu which jnu are eu^'agod for tho frieuilly settlomeut of tho who!.' 4fl7 qticitliiin. I l"»li IlK'n-rorc, Uioniclii Uifii ii rcH'iiii dolay in Uio jtroHontntioii of flir Ji,,i)ii(cli wonM iiol Iw ilixiiilviiiilfii^fdiis. Till' inli'llii,'<'Mi<'('unliiiiii'(l in vmir l('l»>j;:n»ms nl' llin 22ii(l iiiHtmil. hh t.o tlw (liHpfitrli ,if riiilitl Stiili's' n'lii/.cis III lli'lii'ini^'s Sin, fiiul tin- iiiNli'iirlioriH willi wliicli fliov nrr liriiviilrii, I'i'iiili'i' il rirrcsNMi'v lliiil iJii- (■iiiniiiiinii'iilioii sIidmIiI iiu liitii{(-r lie (litJiiyi'M. f liMvi' iii'nii'iiiM!,''l_v In r('(|in'Ml Hint villi will (it iiiirf |>lnci' m ropy ol' if in Mr. KliiirK'.'H IiihkIn. I slijill roiMiMil In yon, MS sunn IIS its Irnns liiivc Immmi iippi'DVi'il l)y Ww, QiK-oti and ||ii< C'lliinrI, M rui'iMiil rnilcsl, In lie ili-livrrnl In Mr. Ulnini', nt^iiinst (iny miic!i jiilcrlVii'iH'i' «illi lliilisli vrssi'U niiUiijc llii- Irrrilnriiil wdli'rM nl' llic llnitfd Hffitfs, n« ;i|i|ii'Jirs In I"' ••niil('ni|iliil('(l in llii' instnictinnM jiisl isHiicd. I need not siiy thai It. H'liiiiil I'"' 'I ••ini'<'' nl' Ninccrc Hiitisrni'*inn tn Her .Miijcsty'H (InviTiiincnt il'n cnnsidcriitinri of ilii' ;ii!,'iinii'iits iidviincrd in my dcN|mtr|i, mid nl" liinsc with wiiicli yon will Im aldn III sii|i|'l''iii<'iil Hm'Im, slinnid imlncr t lie ( Jnvcrnmi'nt nl' Ilic United Stnfcs sn to ''.ult tlir iicliiMi ol' llicir crni/.t'i's jm In r«'inn\r llic ocniHioii I'or micli it I'rntfHt. I mn, iV,<'. (Hi«iicd) HAMHBIIHY. No. 31.2. ilcil ill your niMils (if till' 7V;ff Miiiijuis iif Siilinlnini In Sir J, Pnanvvl'nlr, Sir, l-'nintjii Olfirn, Mitij 2{>, IHftO. I I! I'.Ci'll \ I'll) nil llic 2.'tril iiisjjinl, :iiii| ;il niicr- siiliniillcd In lliir Q.uc.cii iin .Mr. lilaiiie, Secretary of State, &{•., the I'ollowini,' eonuniinieatioii : llor Mritannie Maji^sty's (Tovemment have learned with i,'real eonc!«rn, fi'<»m iiotici's wlii.iiix's ay may be found to be expe(h'ent for the prot ction of the seal ilsheries. They jur nt the present moment enijaged in examinini;, in concert with the (lovernment of the I'nitcd States, the best met hod of arriviui; at iiu af^reenu'iit u|H>n this juiiiit. Jliit th(_\ cjiinKit admit the riy;ht of the I'nited States (»f their own sole motion to restrict for this |mii|i{,h' the freedom of navi;j;ation of Hohrinj;'s Sea, which the United States have fluniM'lviv in former y<'iirs eonvincin,u:lv and successfully vindicated, nor to enloicc iJH.ir municipal h'gislation a-^ainst British vessels on the hiurh seas beyond the liinils df their territorial jurisdiction. I fir Hritannic Majesty's tlovernmenl arc therefore! iiniiblc to pass oxer wiliidnt notice the public announcement of an intention on the jjart of the (lovcrnnieiit of tli,, United Slates to renew the acts of interl'crcnco with Hritish vessels n.ivi|,Miini; outside the territorial watci-s of the United States, of which ti;ey have pnvidiislv lind to cposals. The negotiations will, however, he continued by the United States' Govern- ment in the hoi)e that a satisfa(!tory agreement may be arrived at, although it is to(. hite, the note says, for the application of any result, which may he reached, to this sortson. Mr. Blaine maintains that the responsibility of the delays which have occurred cannot he laid to the charge of his (iovernmcnt. The note contains at the conclusion a proposal on the part of the United States' Government that with the view of avoiding any interriq)tion of the negotiations i)y imj •'untoward events," all Britisii vessels shall be prevented by Her Majesty's Government from enteriu"- tiic Behring's Sea. . • • ^ No. :!l|..'- ;, • ■ . . „ Tim Mttriptiii of Siilishurii to Sir ,/. PaunrfJ'olr. * ,, . (Telfiri'iipl""*'-) Fbiriyn Offiri; May 31, 1800. IX reply t(» joiiv trlcLrrain of ilic -'jOtli instmit, J Iinvi- to state tliut it. is iuifiossible, on gi'omuls hotli of law and of policy, for ll<'f .Majesty's (iiivitrmaeiit to accept Jlr. Ulaiiie's siifrfrestioii tliat British M-aiiii^-sliipb siiould he foiliidden to enter the B(;iirinf,''s Sea. No. 345. .Sir J. Pnunre/ntv to lite Marijuls of S'llishtiri/. — {Received June 3.) Mr L(»nl, IVfishiui/lon, Ma;/ 23, 1800. WITH referctiei! to my teloirrain of yesterday's date, I iiave tlie lioiiour to inc'Inse iierewitli (extracts from the " .New Yorl< Herald" and tIk! '• New York Kvenins^ Post" relativf! to t'le instruetioiis u;iveii to tlie llevemie cutter "Hear," and to tlie report tliat the Cabinet liad decided to reject tlie I5elirin'/s Sea proposal. Your Lordship will observe that in the account of the alleged interview with the convs|i(indent of the "Eveniri; I'ost," the Si'cretary of the Treasury is repf.rted to haveclenied ever Inviiij; seen the British pn>|);)^;ii, wlncli throws some douht upon the statement in the '* Herald," that the (Jahiiiet had refused to accept the proposal. I have, (fcc. (Si-iied) .n.'LIAN PAUNCErOTE. Inclosure 1 in No. 3 IS. Extract from the " New York Eveuiny Post" of May 22, 1890. The liKnuiNfi's Ska Qukstxon. What Secretary Wintloiu .iiiyn of ii (.'itrri'iil Riporl. [Special Despatch to the " Evenins^ Post."] Waxhiiirjton, May 22, 1890. SKCKETAllY WINDO.M was aski'd this uKnninn v. hat truth there was in the report telegraphed from here last iii;;ht, that hi- had taken a decisive stand in the Cabinet meeting yesterday atiainst the aeee))tancc of the British Behrini,''.s Sea |ii'oposal. " I have not read the despatch.'' h<; answered. " I conseijuently cannot plead to the indictment." "Did you authorize the statement, then, that you did not op])Ose the acceptance uf the proposal ':'" •'What is the naturt! of tlu! proposal said to he "r" he asked, in reply. "That is not !i;iven." "No British i)roposal," he then said, "has been submitted to me. I am here simply to enforce the law, and i am tryinu,' to do so. But, naturally, I do not care to discuss the matter till 1 Jiavc had a chanc(! to set; of what I am accused." The instructions given to the Commander of the llevenue cutter " Bear " respecting the capture of scaling-vcssels in Alaskan v.aters are identical with those of lastyeai', except mat captured vessels are to he dismantled, so as to prevent any repe- tition of the offence during the season. The Commander is to warn all ])crsons against enteriTig Behring's Sea for the purpose of violating the laws of tin.' United States therein, and pnrticularly the law whicii provides that no p(>rson shall kill any fur seal " within the limits of Alaska territory or the waters thereof." AVhat those limits are has not been defined. The British Columbiau sealers hold that they are the waters within 3 miles of any laud oi" Alaska territory. Do we hold the contrary ? Not so far as any M 470 iiiitlicnHc (lixMitiKMifnry fvidcMX-o lins bccii Miibniitft'd. \ot so fur ns cillicr fdiivTcss rir (lie I'i'i'sidcnl Ims ilrrliircd. W'l" liiivc imt ;;i)iii' to tin- Icirj;!!! ol' l.avintc ildwii din' ni],, I'mi' (lclii'iii'4^ Scii mid ;i dilVcrcnl one t'ur llic (iiili' ni' S(. liinvrciu'c II would scpiti ♦ lici'cHtn", lli.'il. (lie (iiiMTimuMil Iims piil into llic discrctiuit of Ilic (NiiiuiimikIi r ni' ;, l!t'V<'Hii(' ciil.fcr ;« ([lU'sliim ul" cvlrcnK' yr.'ivilN wliiidi it Iims moI vcnlMi'fd lo decide f,if Ksidr, iiriil that upon Ids decision nmy rest iv^ucs of viisl iinporlaiiei'. Oj" cuiiisi', m, discussion id llic lltdiriiin''s Sea (pieslion of ;inv value will lie po^vlldi- milil tlic iii..f||. lintlons lictweiMi Secretary Ulaiiie and Hir .lidian l'aiineeri)te are made iinlilie. Tiidosin'o 2 in No. iM't, ETtniel fnnii i/i- " AVm YnrI,- llvnild" nl Mnii l'2. IM<,»(). (Jhkai' Ivxc'ITKMKnt i\ Dvnada. ( l''roiii onr Regular Correspondent. ] " Heralfl'' Hiiri'iiii, runifi' of Fiflfriilh iitid (i Sirerts, A, M'., Woshliiiilon, Mail 21, IHiM). I liKAItN tliat at tlie Caliinet iiii'ctiiii; _v(>sleiday it was decided tiitirely iiiai!e{pi;it(' in secure the professed olijccl of preserving: seal life in Meliriic^'s Sea, and, si'coinl^ because it \irliially iuaiored llie eslaldislied position of the I'niled Stales in llmt sea arisiiiu; out of ils ownersiup of tlie partially siirroiinilinn' shores and of a part of ||i{' islands within the sea; the possession of a nnixcrsally reeo^aii/i'd hoiindary-liMe whiili included in the cession to the I'nited States the v<'ry part ci'the sea wherein alnnc tjiji; country has sounlit to eN<'rcise a territorial Jurisdiction; the inheritance from l!M'eiirc to itscdf the natural use and profit tlua-cof. Secn>tary iilainc did not advocate an aceeplance (d' tlu; proposal, iiud thoii;;iil it jirohahle that further iieu,'otiations would .altate the Canadian eonteiiiions and iin|ii'mi' the position of the riiiled Slates, The British proposal, lieiiin' withiul snppoil rnmi either i,f the two !>eparlni(>nts immeiliateiy concerned with it, necessarily met, with wjection. a like fate with that whi(di overto(d\ tlii> pri'ceiliiii^ American pro[iosal in the C(Uineil of the (ioveruor-ticiKM'al of Canada. I uiKha'slaiid that in neilher ease was an acceptance of the proposal antici|)atn(l hv the party siilmiittiiiL;' it, Inil that th(> only result e\pertcd fi'oni the o.\ bcs^inning. Thf A'cr/ Step. I am advised that the next step in the ne2;otiations will be the discussion and s«>ttlemeiil of the details connected with th(> creation of a .loint, Comiuissioii of experts to jirepare and submit to the tM'o Governments a full and particular project as the l)asis of a Treaty by which the whole 'luestion can be permanently settled. It is possible that ( he ( loyernment of Russia may he dir(>ctly rcpresent(>d in this Comiiiissinii of experts, but that is a matter ■which has not yet received any consideration, anil is altoirethcr lik(dy to be ijoNcnied by the wish<>s (d' that (iovernuient at the jn'opor time. In any and all cv(>iits, there is a eonlideiit (>x]iectatioii that a Treaty can be frnnied ill tinu> for submission to the Senate immediattdy upon the opening of the second Session of the pn^sent Congress. 471 F4iif'ornini/ a Clnmire. Tlic imiif iin))(pr(;iiit (|iirsli()ii I'ur llic Ciiliiiicf ycHtcnIny was tlmt ol' flic ml iiilfrim iKilii'V t" '»' |iMrsiir(l III l!(liiiiM.;"s S( n \\i(|| iniiiii'ditid- rclrrciicc to tlic si'iiliiii? Mcasdii, ivliirii Hill li«! ill lull licfidwiiv li\ Ilic i nd ■ I this inonlli. 'Ihc 'IVcMsmy virw w(in Hiiif, iiiiiNiiiiK'li MS llic Kiilisli CDvi'i'iiiiit'iil liiirl :i(liiiitti'<| a cliisc smsiin In In- iicc(i''i|"i'^ii! i' mdiiis mkhimI llic si-mI islands In |)ritlrcl tlu' tViualc seals IVom ultjicks^liilc olilaiiiiiiu riiiid in llic wjifns adjaci'iil to tlir llnokcry Isliiiiijs, it wmiid In- ailinii^sildi' and |iri>|ii'i' In cidoi'i c liy vtaniiii'^, and liy rrslriiiiit nl'liT winning Uml nrovi'il iiifHi'idiial in any rasi-. siirli u (diisiiri' diirinir tlif pirsent si-asiiii, ndyini? upon llic ;{tii)d si'iisc and dis|i()>.il ion 111' tin- llritisli (iiivrriMiirnt In ac(|iiirHrr in ui(!aNiii'cs mo I'litiirh ir!)sonalili' Mild inrn ly |iiovisiiinMl. Tills vii'W |ircvailcd, il liriii.'r ri |»rMcticMl and siili,|aiil ial acccplMiico ol' tin; moi/«« niT/if/' voliinlarily Icndrrcd liy llir Mritisli (iovi'iniiirnl in r(ini|Muiy wifli its rejected r nr(i|ir. I/I^'orts will he made to avoid a repetition of last year's experience with foreign vessels seiz.vl for violations of law. in two or three eases the vessels were pl;\eed in <'liarge of a p.'i/c crew consisting of one man, and, as a result, never reached the [lort where he was ord.rod to take them. AVhile it will Ik; equally impossilile now to increase the size of the ]iriy.e crews, an elVort Avill he made to accomplish the saint; result in another Avay. According to the present instructions, it is iiiidei'stood that all vessels found Aiolaiing tii<> law will Ik disnianilcd and deprived of all means of further violations. Their logs and all skins are also to ho seized and preserved as evidence i\gainsl them. With the exception of certain details as to the I'ufoicement of the law there is, however, no change in the general policy of the admiiiLstratiou on this question. 1 I I id 472 ' ' No. iVUl ■ sir ./. Piiiinrffolf In >ho .Uiiri/Hi's of Stilinhiirii. — (Reveirrd Jitnr 3.) My Lord, Wnshimjlnn, Miiy 2:t, Is'Hi, LMM KDI A'l'KLY upon riailiiiu' in tin- ni wspiipcrs of yesterday tin' aniioimci'. tncnt (wliicli I at oiut ti'lcyraplu'd to umr l.ordsliip) that tlic riiit.cd Mlati-s' Ciihinrt had ilt'citUMl to reject (lie cmmler-proiio'.al ol" llrr Alajcsty's (iovei-nment for tlir scttk inent of tlie Helirinij's Sea (|iie-<(lon. and lliat tln-y had issued orders to their Iti'Vciiur' crui/ers to prevent all vessels from ent;ay:ini; in the sealinir-industry iu those walHrs, I ealled on the Secretary of Slate and iniiuired whether the anin)unceuu'nt was cornTt, Mr. Mlaine did not deny its accuracy, and dufendeil the action of the Treasury in rc^jU'd to their insirnelions to tlie I'exenne crui/ers, \vhi(di he said were i'sncil pursuant to an Act of t'oni;ress. 1 ohjccted thai no Act of ('undress ••luthorizcd inlerfiU'cuec with foreiiin vcsscUdu the hii^h seas. It w:is ii niisconslructioii of the Act so to apply its j)rovisioiis. I i-ouionst rated aijainsl the |iuliiication in the press of the decision of his (lovernmi'iit ou the proj)()sals of ||(>r Majesty's (lovernnient hefore any reply had been reliu'iu'd td those proposals, and I complained of the issue of Ihe orders reported fo luivi' lii'cn ijiven to the l{e\<'mn' erui/.ers while the ueLtoli.-ilions were still peinl'nu;, conlriirv tn the assurance u:iven by him iu his note to me of the 2llh March last. Mi'. Itljiji,,. replied to the eHecl that it was not possible to ijuard aLjainst the ])uhlication in tjie press of news of such public interest ; that his answer to the Ib'itish j)rop(isals. wlijcli lie had promised to send to nie Last week, had been deliiyed, as he now proposed lliat it slioiilil he in the form of a joint reply fr>>ni his (ioveriuuent and ihal of Itussja: and that, as rcii'ards ihe orders to liie l!e\enue crni/.ers, they were the niitural (!onse([in'iiiT of the rejection of the proposals which I had subiuitled to the Conferenee. flioso proposals he proceeded to critici/c as totally ina(h;(|uatc to the nect.'ssitics of lliecasc, and he aniiua(lv(>rled upon the words iu Artielo VI of tiio draft Convention, wliidi purport to |)reserilie IteifMlations on land. I iminicd out to him thai the draft ( 'onvcMitiou alTorded the most ample iirotectiim to seal life by prohibit iiu;; pela'^ic s(>alinu: duriiii; the periods of iniifration to iiiid from the Uookcries, and by cst:ildi:diin'j: a radius around Ihi' Seal Islands to |)revciit the siuTcptitious liindinir of marauders. .Moreover, it sup|)lied the most coin]ii('t(' machinery for .arrivini; .at ;i final (h-eision as to what regulations sliould lie adopted for tho jirescrvalion of the seal species. JNlr. lUaine tluMi urired that the liniled States, by the pos.session of the S-al Tslnuds, had iic(|uiivd special rights in IJclirinir's Sea as regards the .seal lisliery. He said that the I'uited States' IJovernuient coiihl never admit that Cireat Britain hail lidit; equal to their own iu that s(>a, .ami that they would not be s.atislied ■with anythinu: li.'s> than the total cMdnsiou of all sealinu' vessels from Uehriug's Sea during tin- siiaiincr months in which Her M ijesty's (ioxeninient pri>i)osed that tho iishory should be open I loiuinded Mr. HIaino that tiic sole (|uestion was the jireservation of the .soal >\)WKi. I iu'g(>(l th.at the draft Convoutiou m;ide ;imple [)rovision tor th.at purpose, 'lliat .ii reg.'irded the (daim wliiidi he .advocated on behalf of bis (lovernnient to special rii;lits beyond the t<'rritorial waters of Hiduing's Sea, it rested on novel doetriues eiitiiviy oi)posed to the law and prnctice of nnlicns. .1 also reminded jiim that be liail (|iiitL' recently inlormed me that the dr.aft Conver.tion. though not acceptable to his (iovcrii- ment in its ])resent Utvm, all'orded a basis of settlement. Mr. Blaine replied tlint he Lad at that time in bis mind the ])rovision relating to arbitration; but he dDubtod wlietber the two (iovernments eoulil mer come to terms as to the form of the ipiestion* to be submitted for decision. ily interview here cuue to an end, ^fr. Blaine having an ap[>ointment with tiid rresidcnt which eoinj)elled him to leave for the White; House. 1 liave, &c. f Signed) JULIAN PA U N CEi- OTJ], . No. 347. Sir J. Paunccfotc to the Marquis of Salisbury.— {Received June 3.) My Lord, Washington, May 23, 1S90. IN eomplianec with tho instructions contained in your Lordship's telegram of to-day, I have the honour to inclose copy of a note which I have addressed to I'lit witli tlw 473 Mr, niniiK'. in whicli I liavo infurincd him that a rorinnl proti^it hy llor Mnjosty'a (iovrriiiiu'iit agnitiHt nny iiitcrlcroneo with Itritisii vcsaelii in Uuhriug's Sua will be I'unvnrtltMl to him witliout (UUuy. I have, &o. (Simied) JULIAN I'AUNCHFOTK. Inch)suru in No. 347. Sir J. I'auncrfote to Mr. Blaine, Sir. ., n'aHliinijtnti, Mni/ 'i.'J, IM'.IO. F IFAVK the honour to inform you that n statement having apjH'Micd in tho iu'\vs|iii|iers, (o the cllect that United States' Hevenue eruizers have receivfd oriierH to proceed to Meiiiini^'s Sea Tor tiio pnr|)()se of ])reven(ini; tlie exercise of the seal- iisliery hy i'oreign vessels in non-tcMTitorial watei-s, and that statement iiuvini; heen conllrnied yesterday hy you, 1 am instructed hy the Manpiis of Salishury to state to you tiiat a formal pi-otest, hy Her Majesty's (iovernn>ent,aj,'ainst any such ii\terferenoo with British vuhsoIs, will ho Ibrwardud to you without delay. I have, &c. (Signed) .lULIAN PAUNCKFOTE. No. 348. The M(ir(iuis of Halinburi/ to Sir J. Pnuncejote. (Telegraphic ) Forrhjn Office, .luno ", 1890. INFORMATION has reached Her Majesty's Oovernincnt that ahout twenty-three British vessels have already cleared from ports in British North America fur llie seal fishing. All (piestion, therefore, of stopping them, even if Her Majesty's Government considered it exjjedicnt to do so, is at an end. No. 341). Sir J. Puuticefofe to the Marquis of Salisbury. — {Received .June 7.) (Telegraphic.) Washington, .hue 7, 1800. MIL ULAINE having inquired, on hchalf of the Prcsid(!ut, whether with a view to a friendly sctthsment hy arhitmiioji Her Majesty's Government would consent to tho tt)tal exclusion of Jiritish scalers for the present season from Behring's Sea, I replied at once that this -posal could not he entertained, as apart from other con- siderations which I explained there was no legal power to enforce such cxcdiisioii. !A[y answer has elicited a long note cxprc sing tho President's regr'^t that his most friendly and considerate })roposal for adjusting all troubles connected with tho Behring's Sea question sliould he rejected so promptly. AVith reference to a statement made hy mc to the effect that the furtiu'r examina- tion of the question had satisfied Her Majesty's Government that total exclusion went beyond the requircMnents of tho case, the note states that imtil the receipt of iny re[)ly the United States' (Jovernment had never he(>n informed that any otiicr ()l)jection to the proposal was (Mitertaiiied hy your Lordship than that assigned hy you when you abruptly closed the negotiatiiMis in London, viz., that Canada would not consent to it. It observes any privileges conferred on Canadian sealers must he cxtennt ar(> ulonrly i>.v|)laiii('(l in your IjohIhIuii'm (lfH|HtU'li ul' tlio 2'Jiul ultiiiu), vi|ii,.|, 1 rciul to till! Soonitury ul' Hliiti> only i IVw lioiirs holori' IiIh note ri'iuilit'il nu'. f < f. 1 1 ■■ (.til. No. .*jr»(>. Sir ./. I'nuiia'/otf In Ihr Mniijuiii o/ Siilixlturii. — {liirtived Jimr 7.) {'[\>li'ifM\\)\ur.) l\'(iiiliini/lon, Jiiiir 7, IMMI. .MIS. IILAIM'i lias |)o.s||ioii