..*^..
IMAGE EVALUATION
TEST TARGET (MT-S)
/y
%°
1.0
1.1
ViWii 12.5
150 ■^™ H^B
«A0 i| 2.0
18
'•25 1.4 il.6
^^^^ ^^— mil
^
6"
►
V]
<^
/i
<*>
/;
-i'^i"
'/
a
Hiotographic
Sciences
Corporation
'^>^
23 WIS?
WEBSTER
(716)
,N.>
873
STQEi:
. V4S80
4503
^
CIHM/iCMH
Microfiche
Series.
CIHM/ICMH
Collection de
microfiches.
Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques
i
Technical and Bibliographic Notas/Notas techniques et bibliographiques
The Institute has attempted to obtain the best
original copy available for filming. Features of this
copy which may be bibliographically unique,
which may alter any of the images in the
reproduction, or which may significantly change
the usual method of filming, are checked below.
□ Coloured covers/
Couverture de couleur
□ Covers damaged/
Couverture endommagde
□ Covers restored and/or laminated/
Couverture restaur^ et/ou pelliculAe
D
Cover title missing/
Le titre de couverture manque
r~l Coloured maps/
D
D
n
n
Cartes g^ographiques en couleur
Coloured ink (i.e. other than blue or black)/
Encre de couleur (i.e. autre que bleue ou noire)
Coloured plates and/or illustrations/
Planches et/ou illustrations en couleur
Bound with other material/
Relid avec d'autres documents
Tight binding may cause shadows or distortion
along interior margin/
La reliure serr6e peut causer de I'ombre ou de la
distortion le long de la marge intdrieure
Blank leaves added during restoration may
appear within the text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanches ajouties
lors d'une restauration apparaissent dans le texte,
mais, lorsque cela 6tait possible, ces pages n'ont
pas 6t6 filmies.
Q
Additional comments:/
Commentaires supplimentaires;
Irrsgular pagination :
323-328, 329-532 p.
L'Institut a miciofilmA le meilleur exemplaire
qu'il lui a At6 possible de se procurer. Les details
de cet exemplaire qui sont peut-Atre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la mAthode normale de fiimage
sont indiquAs ci-dessous.
I I Coloured pages/
Pages de couleur
Pages damaged/
Pages endommag^es
□ Pages restored and/or laminated/
Pages restauries et/ou pellicul^es
I T Pages discolour'^d, stained or foxed/
Lkj Pages d6color6es, tachet^es ou piqu^es
I I Pages detached/
Th
to
Pages ditachdes
Showthrough/
Transparence
r7~V Showthrough/
I I Quality of print varies/
Quality indgale de I'impression
Includes supplementary material/
Comprend du materiel supplementaire
Only edition available/
Seule Edition disponible
Pages wholly or partially obscured by errata
slips, tissues, etc., have been refilmed to
ensure the best possible image/
Les pages totalement ou partiellement
obscurcies par un feuillet d'errata, une pelure,
etc., ont 6t^ filmdes A nouveau de fapon d
obtenir la meilleure image possible.
[i - xivl [1^320, 321-326. 327-324, 325-322,
n
n
po
of
fill
Oi
b«
th
si(
ot
fir
si<
or
T^
sh
Tl
wl
M
dil
en
ba
rii
rei
This item is filmed at the reduction ratio checked below/
Ce document est film6 au taux de reduction indiqui ci dessous.
10X
14X
18X
22X
2AX
30X
y
12X
16X
20X
24X
28^
32X
Th« copy film«d h«r« h«« b««n raproducad thanks
to tho gonorosity of:
Library Division
Provincial Archives of British Columbia
L'oxomplairo filmA f ut raproduit grica A la
g*n4rosit4 da:
Library Division
Provincial Archives of British Columbia
Tha imagas appaaring hara ara tha bast quality
pottibia considaring tha condition and lagibility
of tha original copy and in kaaping with tha
filming contract apacificationa.
Original copiat in printad papar covars ara filmad
baginning with tha front covar and anding on
tha last paga with a printad or illuttratad impras-
sion, or tha back covar whan appropriata. All
othar original capiat ara filmad baginning on tha
first paga with a printad or illustratad impras-
sion, and anding on tha last paga with a printad
or illukitratad imprassion.
Tha last racordad frama on aach microficha
shall contain tha symbol — ^ (moaning "CON-
TINUED"), or tha symbol V (moaning "END").
whichavar applias.
Las imagas suivantas ont At4 raproduitas avac la
plus grand soin, compta tanu da 9a condition at
da la nattat* da I'axamplaira film*, at 9n
conformity avac las conditions du contrat da
filmaga.
Las axamplairas originaux dont la couvartura an
papiar ast imprimia sont filmis an commandant
par la pramiar plat at un tarminant soit par la
darniAra paga qui comporta una amprainta
d'imprassion ou d'illustration. soit par la sacond
plat, salon la cas. Tous las autras axamplairas
originaux sont filmte an commandant par la
pramiAra paga qui comporta una amprainta
d'imprassion ou d'illustration at an tarminant par
la darniira paga qui comporta una talla
amprainta.
Un das symbolas suivants apparaitra sur la
darniiro imaga da chaqua microficha, salon la
cas: la symbols — »• signifia "A SUIVRE ". la
symbols ▼ signifia "FIN ".
Maps, platas. charts, ate, may ba filmad at
diffarant raduction ratios. Thosa too larga to bs
antiraly included in ona axposura ara filmad
baginning in tha uppar laft hand corner, laft to
right and top to bottom, as many frames as
required. The followinp diagrams illustrate the
method:
Les cartes, planches, tableaux, etc., peuvent Atre
fiimAs A des taux da reduction diffArants.
Lorsque le document est trop grand pour Atre
reproduit en un seul clichA, il est film* A partir
da I'angle supArieur gauche, de gauche A droite,
et de haut en bas, en prenant le nombre
d'images nAcessaira. Les diagrammes suivants
illustrant la mithoda.
1
2
3
1
2
3
4
5
6
Parliamen'tarv Papers.
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 <K>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 .\<lama." SiwgeHln llint proteni
aKiiin't right of teiiurc ihoiila Im! niude to Inited
i- ■
• r
'
Stales' Government . .
103
71
To Sir L. West . .
19,
Refer* to ahove. To protem UKiiinit aeliure of
" .Vlfred Adamf " and »imilAr prorecilinijii
110
73
To ColnninI Office
aot
Aniwerit Nil. 70. Sir \^ WeM instructed to proteat
aiiainat ti-inure of •■ Alfred .\<lnn«." Proteati
made in previoui eaaca ..
110
78
Sirl. Weit
19,
Refera to Noa. .19 and 64. Iteply received from
Mr. Bayard
110
74
» tl • ■ ■ •
19.
Aniwera No. A6. Noticeit of appeal lying in
Sitkn Court. No further atupa taken . .
111
75
fl n • • ••
19,
Anawera No. 6U. Note to Mr. Uavard 'eapectioK
aeiaure of " Grace," " Dolpliin,'' and " W. P.
Sayward "
111
70
It *t •• •*
M,
Refera to above. Reply from Mr. liayard acknow-
ledging note re9|iectinK aeiaurea of threi> 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<l 8.5
185
8A
To Colonial UflSce. .
99,
Anbwers No. 82. Quotes instructions to Plenipo-
tentiaries at Fi<hery Conference as to including
Behring Sea question
12&
86
Mr. .I.Chnniberlain, iM.I'. ..
as.
Explains circumstances under which negotiations for
preservation of seals were mentioned. Subject
not referred to at Conference
125
87
Colonial Office . .
Dec. 20,
Revised claims of owners of " Thornton " and
" Carolina " . . . . . .
126
88
Sir L. Wrsl
Jan. ."i, 1888
Kcl'ori to Nos. 36 and 38. (.'ise of " Sierra " will
probably be dismissed
136
H9
Colonial Office ..
14.
Refers to No. 87. Revised claim of owner of
"Onward"
13fi
9U
93,
Statements of claims of owners and ^tgents of
" Favourite," " W. P. Sayward," " (.race," " Anna
Bee " " Dolphin," ' Alfred Adams," and
"Ada".. .. .. .. ..
141
91
If It . •
Feb. 3.
Despatch from Canada saying notice has been given
of orders for release of " Onward," "Thornton,"
T IT " ■ 1
rt" ■ .;;. ' '•
■■" -'
and "Carolina" ..
164
92
1
1
If f •• ••
1 ■' -■ yn 1 • t ... r . : -.( J'
13.
Revised alalement of claims of "Thornton," '-On-
war*," and "Carolina," and statement of peraonal
claims of masters ond mates of Dolphin,"
" W. P Sovward," " Anna Berk," "Grace," and
"Ada" ..'
I6S
93
.Mr. Phelpx
17,
Submits Mr. Bayard's deUiled proposal for Inter-
national Regulation*
172
94
Sir L. Weit
10,
" New York Herald " on the question of the seiauret
and closed seas
180
9S
To Sir L. Weal . .
99,
Copy of No. 93
f
181
TABUI or COKTVNTB.
Itgr
<' to
1 do-
U9
'»' on
1% to
•r»
99
• •
lO'J
itiire
oteit
iiitrii
• •
1U3
V of
,.
110
otait
teat!
,,
110
Croiii
110
g in
.,
111
cting
f.P.
..
111
IIOW-
eli..
113
Silks
York
,,
112
y of
, ,
12!
181
yard
ins "
121
yard
li'l
LCCU-
talue
• •
\Vi
crn-
ealx.
mI to
liery
• •
124
• ,
125
lipu-
ding
12b
I for
ijecl
1-25
niwl
, ,
126
will
• •
13G
■ of
, ,
I3(>
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«<f««| ii;)*!...!
;*■
6,
16.
17,
20,
yo,
n.
34,
25,
35,
27,
2P,
19.
May 4,
.Apr. 32.
May 1,
Pane
International HeKul.ition* ('aee Nii. 93). Interview
with Mr. Plielpii, Readinex lo join I'nited
Statea and Huiaia n an Agrvenienl IRl
Copiei of above and No. 9M, f>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'.<iJorlance
o^ llf .^lajeaty's (ioTeriinient beinj; able lo
crtrudiet n'jiorl of intended seiiiires by United
't.es . ■ .. |)«
A(ib,kcra No. 107. 'iivos substance of aliovo 1H8
On ri|[bt of a .ized vesseU to buud pelldin^' .'ip|ii'.'il 188
Interview Willi Mr. I'liejps. Mr. Hayard's iinotiicial
asaur:,, cfk iliat vv$sfls will nut be noletled pending
negotiations, tbou^jh the latter would bu rendered
abortive by coining Presidential election 188
See No. 10?. ^^> 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<J8
Colonial Office
May 14,
Extract from .'Vnnual Report of Canadian Depart-
ment of Fisheries lor IS8S .
235
199
Sir J. Pauncefote . .
24,
United States' rcvenue-cruizcis '' Rush " and " Bear"
ordered to Behring Sea
207
•;oo
Consul General ISouker
June 28,
Professor Rayner's letter on the whole question , .
238
201
Colonial Office
July 27,
Minute of Canadian Privy Council, with full Report
by Minister of Marine and Fisheries, in which
case is argued and claims presented . .
2S2
202
11 II • • • •
Aug. 3,
Alleged seizure of '• Black Diamond " in liehriiig
Sea . , . . . . . . , ,
273
203
To Colonial Office .
3i
Answers above. Should have official details also
as to " Triumph "., ,. ,. ,,
274
204
Colonial Office
8,
Telegram from Cau.ida. Reports appear correct . .
274
205
M II • •
9,
Refers to No. 194. Full Report by .Minister of
Marine and Fisheries
275
206
M l« ■ > ■ •
''■
" 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.BI<E OP CONTBKTS.
I I
No.
214
315
316
317
318
219
320
231
232
3SS
334
225
33G
327
939
239
Name.
Mr. Edwardph
Colonial OlGco .
To Colonial Offici-
Colonial Office
Admiralty
To Mr. Edwarded .
To Colonial Office.
Colonial Office
Mr. Kdwarde«
To Mr. Fdwardes . .
330
3S1 I Colonial Office
233 i To Colonial Office .
•J33 Mr. Edwardes
234 To Mr. Kdwardei .
2.'}3 Po Colonial Office. .
336
237
238
339
ColoninI Office
Mr. Edwardes
240 ., .,
24 1 To Colonial Office. .
242 I'o Sir J. Pauncef'ote
■.'43 Sir C. Lampson and Co.
344 Colonial Office
245 Sir J. f'auncofote i ' ■
246 ! „ „ . .
247 I I'o Sir ('. Liimpson and Co.
Date.
Aug. 36, 1889
39,
t'ept. 2,
3.
4.
9,
9.
10,
10,
I'l,
13,
17,
19,
Oct. 2,
3,
5,
.1,
12,
14.
\i,
24,
24,
24,
24S
Sir C. l.aiiip!>un 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. \\<iuld Mr. IBlaine
be likely to accept tlieni as basis ?
Answeis al)ove. Thinks he should have more
information about amount of compensation
claimed before negotiating fur close season ..
" Kate." Sends claims for compensation
Answers No. 374. Claims amount to about 500,000
dollars, subject to revision
Claims reused at Colonial Ollice, and should not
exceed 400,L00 dollars
Ask for observationh on No. 272
Clainis for compensation. TImt of the "Minnie''
will have to be added ..
Discussion with .Mr. (Maine on amount of compen-
sation claims, and question of arbitration. His
)iroposals . . . . . . . .
.May tripartite negotiation for close time begin,
leaving claims arbitraiiou in suspense ?
Copy of No. 280. Propose to answer No. 281 in
affirmative ,. .. .. .,
.•562
3 (14
r.G5
£65
SC6
S67
3C8
877
378
378
379
379
380
3eo
381
3>>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
2<i3
a94
295
296
297
To Sir J. I'auiicelote . .
Colonial OIKce . , . .
Sir J. Paiincpfbte . . . .
Lord Knutsford to Lord
Staiili'y ( I'elegraphic)
To Sir J. Pauiicefote
Sir J. Pauncefote . .
I* •» ••
To Sir .1. Paiinrerote
To Sir R. Morier , .
Sir H. Moriur ..
Colonial Olfice . .
Sir J. Pauncefote . ,
To Colonial Office..
298 Colonial Office
299 ! To Sir J. Pauncefote
300 Sir J. Pauncefote
301
Date.
302
303
304
306
307
30N
309
310
311
312
313
314
315
316
317
318
319
32U
321
3S2
To Sir J. Pauncefote
Colonial Office
To Sir J. Pauncefote
Sir J. Pauncefote . .
To Sir J. Pauncefote
Colonial Olfice ..
To Colonial .'Office. .
Sir J. Pauncefote , .
To Sir J. Pauncefote
(Telegraphic)
Colonial Office
Sir J. Pauncefote , .
Colonial Office
Sir J. Pauncefote
(• »
Feb. 10, 1890
11,
II.
12,
12,
13,
13,
13,
H,
14,
23,
2-J,
2-2,
24,
27,
28,
H,
20,
.Mar. 8,
14,
15,
I,
(Telegraphic)
•»,
7,
18,
19,
19,
20,
26,
21.
21,
Apr. 3,
9,
Mar. 31,
Apr. 14,
19,
11,
15,
26,
SUUJECT.
Answers No. 2RI in nlliruiative
Uemnrks by Canailiun (iovernmcnt on call for
tenders alluiicd to in No. 268 . . . .
Refers to above. Mr. Blaine contents ..
Substance -if No. 285
All (iroposuU from United States to bo received
ad rrfertudiim
To arrange with (>overnor-(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<oe« Mr. Blaine say to draft tent home in
No. 326?
Answer* above. Mr. Blaine maintains silence.
May he say the draft is approved by Her Ma-
jesty's (iovernment ?
Answers aiove in affirmative .. ..
Answers No. .124. Copy of No. 327, To consult
Mr. Tiipper in first place .. ,. ..
Approves note in No, 32b ,. ..
Kefer* to No. 329. Mr. Blaine does not accept
draft in present form, but thinks it offers a
D&9IH •• •■ •• •• c«
An»wers No. 331. Has prepared draft Arbitration
Agreement, which Mr. Topper will take to
Canada for approval .. .. ..
Mr. 'I'upper not gone. Draft sent by post ..
Answers No. 272. States views of Her Majesty's
Goternment in reply to United States' arguments
in support of seizures , . . , , .
British connier-proposals rejected. Orders given
to reveiiue-cruisrr to dismantle Brltinh sealers.
Interview with Mr. lilaine to remonstrate. His
reply
Ueuter's telegram annonncing orders given to dis-
mantle sealers . . . . .
Answers No. 337, To warn Mr. BInine that
formal protest is being prepared against any
interference with Kriiish vessels .. ..
Answers above. His sent in note .. ,.
Refers to No. 336, Explaius why the answer was
delayed. In consequence of news in No. 337, it
should now be pn sented, Hopes United States'
Government will take such action as may obvialo
neces^ity for a formal protest
R-Ceis to No. 337. Regret with which Her
Majesty's Goven.ment has learnt news. Sends
draft of tnrmal protest to be sent in if unfortu-
nately necessary , . . . . ,
Negotiulions for close sra^nn. Long note has come
in from United Stales* Government reviewing
tlieir history. It conchit'es with the hope that
British vessels will be prevented 1,^ Her Majesty's
(iovernment from entering Behring .Sea
Answers above. The proposal to prevent British
vecsels cannot be accepted . .
Refers to No. 347. Newspaper extracts on subject
of instructions
Amplilies information given in No, .337, and details
conversation with Mr. Blaine .. ..
Note to Mr. Blaine founded on No. 3-59 . ,
British sealers have already started, so cannot now
be stopped ( ste No. 344)
Gives substance of a long note elicited hv statement
(•ec No. 344^ that Her Majexty's Oovernment
cannot stop sealers, in which President s regret
is expressed at action of Her .Majesty'^ Govern-
ment, Has declined to continue correspondence
pending instructions .. ..
Proposed interview with Mr. Blaine put off .,
P«f
458
454
454
458
459
480
460
460
460
461
461
461
461
469
465
466
466
466
466
467
468
469
469
472
472
473
473
474
xii
TABLE OF CONTENTS.
No.
S&l
Namt'
To Sir J. Paiiiirpfotv
352 I Sir J. Pttiiiicet'ote ..
353 '
354
357
8«8
360
361
(Tcl<'(,'iapliic)
('rdegrapliic)
•"■ir if. raiuiccfote
(Tele
(Telegraphic)
(Telcuraphic)
Sir J. i'aiincefoti' .
nale.
To Sir J. I'auiicetnte
(Telegraphic)
(Telegraphic)
Sir J. Paunccfotc . .
362 j Colonial Odice
363 Sir J. Pauncet'otc
364 I Colonial Office
;i65 t Admiralty
366 I'o Sir J. Pauncerotc
367
308 i Sir .1. Panncefote . .
I (Telegraphic)
36a ' To Sir J. Pailncefotc
370 I Sir .1. Pauiitofote ..
372 Colonial Office ,.
373 ! To Sir J. Pauntefotc
June 7, 18.00
May 2!),
30,
June ]U,
10,
11,
U,
1.
12,
»2,
3,
13,
6,
17.
19,
(Telegraphic)
( Telegraphic)
374 Sir J. Panncefoto ., ,,
20,
20,
21,
21,
10.
25.
25,
26,
July 1,
Answers No. ;)4'.l. ICxpIaiiis piiAilion of llcr
.\rijesly's (i.)veininent in regnnl In sealer», ami
roailine-s to iienoliite for elii<^ seasun
lielris to .\(). n47. Air. Ithiiin' acknowleiigof.
notice of forii. .1 prole-.!
Itd'ers to No. '■■>',]. 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<pr |n'i»ent season . .
An.-Hers No. yj4. .May present pr.itest . ,,
Hefers to No. S.OU. W{):il(l Her \/ajestv's ("overn-
ii:eni ri'fer lo arliih-ation (|ne--lion of le^^al rif;ht
of United .Slates' (Joveiiiment to exclude Prillsh
sellers? If so. would tliey is»ne I'roelamalion on
eenililiiins ns lo enmpensution lor nast and pro-
sp"rtive damages i
Answers above. Serious difficnliies ; but if Procla-
mation were isHied, would United States' (lovern-
nient a>;.'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 <juci=,[,, '^ay the 20tli May next. These schooners would
spear and shoot seals upon the hip;h seas, and have no occasion to go within 30 miles of
any land. You are aware that the British schooner " Mary Kllen " has already made two
successful voyages to tlic Behring's Sea; the "Favourite" made also a successful voyage
during 1885. Both tliese viessels were spoken by an American Revenue cruizer in
Behring's Sea last summer, but not in any wav molested.
Would it not be well for you to obtain from the Minister of Marine in Ottawa
a written opinion, and, further, would you be good enough to conununicate to me the
substance df sucii opinion by wire?
. Please act promptly, and obliirc yours, &c.
(Signed) F. LUBBE.
Warning to Seal Hunters.
The Treasury Department, having become informed that certain parties arc fitting out
expeditions for the ])urpose of killing fur-seals and other fur-bearing animals in Alaska
waters, gives the following information to parties concerned, as to how far the jiu'isdiction
of the United States extends in the matter.
The Treaty with Russia of the 30th March, 1870, by which the Territory of Alaska
was ceded to the United States, dctlnes the boundary of the territory so ceded. It will be
seen therefrom that the limit of the cession extends from a line starting from the Arctic
Ocean and runninu through Behring's Straits 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
Attou and Cooper Island, of the Kromanboski couplet or group, in the North Pacific Ocean,
to meridian 173' 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, he
waters of Alaska Territory.
A'; the penalties prescribed by law against the killing of fur-bearing animals would
therefore attach against any violation of law within the limits described.
(Telegraphic.)
Mt. a. Crow-Baker to Mr. F. Lubbe
Your
matter progressing expeditiously as possible. Referred by
Minister Justice. Will advise you when decision is reached.
April 20.
Council to
Mr. E. C. Kow'jotkam to Mr. F. Lubbc.
('I'elegraphic) Mai/ '.W.
Minister Justice; gives opinion in your favour and against American contention. He
has recomnicndud attention of Imperial Government being called to the subject in order
that views of Canadian Government be then sustained and enforced.
Inclosure I) in No. ."?.
Declarations.
I, WILLIAM MUNSIE, of Vicioria, grocer, do solemnly and sincerely declare that I
am sole owner of the schooner " Carolina," and she has a Canadian register, having been
registered at the port of Victoria. The vessel and her outfit at the time she left for
1!
Behring's Sea was 7,000 dollars, anil I make this solemn declaration, conscientiously
believing tlic same to be true, by virtue of tlie Act pasEed in the 37th year ot" Her
Majesty's reign, int'culed " An Act tor the Suppression of Voluntary and ICxtra-iudicial
Oaths."
(Signed) WM. MUNSIE.
Taken and declared before me at Victoria, this 23rd August, 1880.
(Signed) M. W. Tyinvnirr Drake. J.P.
I, 'Ihomas McLacdy, of Victoria, British Columbia, cook, do solemnly and sincerely
declare that I was cnsngcd as cook on board the British schooner " Carolina," and I was
on board wlicn the United States' steamer " Corwin " seized iier. During the whole time
the said schooner was sealing she never sighted land one?. After she was seized the
"Corwin "took her in tow about 6 oclock in tlie evening, and about 3 o'clock in the
morning the English schooner "Onward," ot the tonnage 3."r2() tons, was also seized and
taken in tow to Ounalaska. Her crew were left on board and not removed to San
Francisco; she had seal-skins on board. And I make this solemn declaration, conscien-
tiously believing the same to be true, by virtue of the Act passe. 1 in the .'Hth year of Her
Majesty's reign, intituled " An Act for the Suppression of Voluntary and Kxtra-judicial
Oaths."
(Signed) T. McLAEDY.
Taken and declared before mo this 23rd August, 1886, at Victoria, British Columbia.
(Signed) M. W. Tyuwuitt Duaki:, J.P.
I, Edward Shields, of Sooke District, Vancouver Island, a hunter, engaged on board
the British schooner " Carolina," of 3l'!)0 registered tonnage, do solemnly and sincerely
declare that I left \'ictoria on board the aforesaid i-chooner on the 20th May, 188(), bound
on a voyage to Behring's Sea for the ])urpose of sealing. The schooner was titted out ibr
tills purpose. She had eleven hands on board, ir 'uding the master, by name James
Oiiilvie. We sailed to Behring's Sea and commeneev. sealing on the lath .rune, and at that
time we were about 300 miles from land, and we continued crtiizing about for seals, and up
to the time the United States' vessel " Corwin " seized us we had 680 seals. During the
whole time we were cruizing about we were in the open sea, out of sight of any land. The
seals we obtained were chiefly females. Al the time the "Corwin" seized us on the
1st August we were out of sight of land and in latitude iiS* 60' north, longitude 1GS° 53'
west, as 1 was inlbrmed and verily believe. There were other vessels, both .Xmerican and
English, cruizing about in the same neighbourhood. We never killed a seal in the
neiglibourhood of the Aleutian Islands. I <\as away in the boats when the " Corwin "
seized the vesyel, ami when I came back I found the "Carolina " in tow of the " Corwin."
The captain of the "Corwin," .\bbey by name, took away all the fire-arms, consisting of
rifles and shot-nuns, ten in all, n.id I was taken to Qunilaska, and from there 1
was taken to San Francisco by the steamer "St. Paul," and there turned adiit'l. The
" Carolina" was left at Ounalaska with the seals and outfit, and I make this solenm
declaration, conscientiously believing the same to be true, by virtue of the Act passed in
the 37th year of Her Majesty's reign, intiiuled " .Vn Act for the Suppression of Voluntary
and Extra-judicial Oaths."
(Signed) EDWARD SHIELDS.
of law.
Taken and declared before mc at Victoria, this 23rd day of August, 18%, in due forai
(Sign d)
M. W. TVRWUIIT DU.\KE, J.P.
u,
1, John Dallas, of Victoria, British Columbia, seaman, do solemnly and sincerely
declare that 1 was engaged al)out the end of May I88f) as a seaman on hoard the schooner
" Thornton," of 22*o0 regislercd tonnage, registered in the Dummion o( Canada as a
1?iitish vessel. I vas engaged sealing on the west coast of Vancouver Island, and when
the seals got scarce the "Thornton" left [? Clayo(|uot] V'ancouver Island, for Behring's
Sea ahout beginning of June, and three days after passing Unmark Pass we killed our lirst
seal, being then about 250 miles from land. We were engaged seahng in the open sea
until the 1st August, We had a little over 400 skins on board, when the United States'
steamer " Co.win " seized our vessel and took her to Ounalaska. They were ahout
twenty-eight hours engaged in towing us to Ounalaska. The master of the " Corwin "
removed all our guns and ammunition — ten guns in all. There were fourteen hands on
board the "Thornton" altogether, including two Indians, nine while men, and a Chinese
ook — were sent to San Francisco and tiiere discharged. Two white men and two Indians
were left on board the schooner at Ounalaska. We were 5 or 6 miles from the " Carolina"
at the time we were seized. I saw no otiier vessels in sight at the lime. We were never in
sight of land during the whole time we were sealing. And I make tiiis declaration,
conscientiously believing the same to be true, by virtue of the Act passed in the 37th year
of Her Majesty's reign, intituled "An / ct for the Suppression of Voluntary and
Extra-judicial Oaths."
(Signed) JOHN DALLAS, his X mark.
Taken and declared before me at Victoria, this •23rd day of August, lb86, tl;j same
having been first read over to him
(Signed) M. W. Tyrwhitt Drake, J.P.
No. 4.
Sir L. West to the Earl of Iddesleigli. — (Received October 4.)
My Lord, Wnshincjton, September 21, i886.
THE reported seizure of British vesFels by American cruizirs in waters over whicli it
sipptars the United Stales' Government claim jurisdiction as adjacent to the Territory of
Alaska has given rise to much conmient in the newspapers touching the interests of
a powerful commercial Company which may be att'ected by the international (luestions arising
therefnmi ; and in this connection I have the honour to inclose to your Lordship herewith
n precis of the history of the origin of tiiis Com|)any, as well as of what has bc^u
written on the subject.
Chapter 3 of the Revised Statutes of the United Slates (p. 3-42, sections ]9~>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 youn<j;
seals as may be necessary for their own food and clothini* during other monihs, and
also such old seals as may be required for their own clothing and for the manufacture of
boats for their own use, which killing shall be limited and controlled by such Regulations
as shall be prescribed by the Secretary of the Treasury.
Section 2. And be it further enacted, that it shall be unlawful to kill any female
seal, or any seal less than one >earcld 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 tai<in^ fur-
souls on tiie Islands of St. Paul and St. George, and to send u vessel or vessels to said
islands for the skins of such seiils, i?iviiiu: to the le.ssee or iesstitj of said i.<4laiuis ii lease,
duly executed, in duplicate, not tiaiisfcinble, and takins; from the lessee or lessees of said
islands a bond, with sufficient sureties, in u sum not less tiian (JOn^OOO dollars, condHioned
for the faithful observance of all the laws and reciuiieuients of Congress, and of the
Regulations of the Secretary of the Treasury touihinj; the subject-nmtter of taking fin-
seals and disposing of the same, and for the payment of all taxes and dues accruing lo tiie
United States connected therewith ; and in making said lease the Secretary of ilic
Treasury shall have due rtgard to the preservation of the seal-fur trade of said islands,
and the comfort, maintenance, and education of the natives tliereof. The said lestees
shall furnish to the several masters of vessels employed by thetn certified copie* of the
lease held by them respectively, which shall be presented to the Governraeni Revenue
officer for the time beina wlio may be in charge at ihs said islands as the authority of tlio
party for landing and taking skins.
Sec. 5. And be it further enacted, that nt the expirotion of said term of tweqty years,
or on surrender or forfeiture of any lease, other lea'^es may be made in manner iifi>resai(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«i<a, and bearing dnte the 4tli September, 188G —
1 . That the niuKter un'l iriuto of tiie schooner " Thornton " were brou!;ht for trial
before Jud^c l)aw»on in the United States' District Court at Sitka on the 30th
August lust.
2. Tliat tlic evidence given by tlie otlicurs of tlie United States' Revenue cutter
"Corwin" attempts to sliov/ that the "Thornton" was sei/.ed while in Bchring's Sea,
about tJO or 70 miles soutii-south-east of St. Geor'fe's Island, for the offence of imnting
and kiilinT seiiU within tl'.at part of Buhriiii;'s Sea which was ceded to the United States by
Uussia in tB(»7.
3. Tliat tiic Judaic, in his clmrge to the jury, at'ter (juotins the 1st Article of the
Treaty of tlio .'?(-th March, lH(i7, between Russia and tiic United States, in whicli the
western l)ouii(iiuy of Aia.ska is defined, i,'oes on to say: "All the waters within the
boundary set forlli in this Treaty to the western end of the Aleutian Archipelago and chain
'of islands arc to be considered as comprised witiiin the waters of Alaska, and all the
penalties prescribed by law against the killing of fur-bearing animals must, therefore,
attach a^iiinst any violation of law within the limits heretofore described.
"If, therefore, the jury believe from the evidence that the defendants by themselves,
or in c()njui\('tion with others, did, on or about the time charged in the intormation, kill
ony otter, mink, marten, sable, or fur-seal, or other fur-bearing animal or animals, on the
shores of Alaska, or in the Behring's Sea cast of the 193rd degree of west longitude,
the jury should find the defendants guilty, and assess their punishment separately at a
fine of not less than 200 dollars nor more than 1,000 dollars, or imprisonment not more
than six months, or by both such fine, within the limits herein set forth, and
imprisonment "
•1. That the jurj' brought in a verdict of guilty against the prisoners, in accordance
with which the master of the "Thornton," Hans (iuttounscn, was sentenced to imprison-
ment for thirty days and to pay a fine of 500 dollars, and the mate of the "Thornton,"
Norman, was sentenced to imprisonment for thirty days and to pay a tine of 300 doUafS,
w hich terms of imprisonment are presumably now being carried into effect.
It also appears, bv telegraphic despatch from Nanaiino, British Columbia, dated the
18th September, that the masters and mates of the "Onward" and " Carolina" have
since been tried and sentenced to undergo similar penalties to those being inflicted on the
master anil mate of the " Thornton."
It will appear from the above information, conjoined with the Report of Council
under date the 23rd September, that the United States have determined to lay claim to
the sole sovereignty of that part of Behring's Sea lying east of the westerly boundary of
Alaska, as defined in the 1st Article of the Treaty made between the United States and
Russia in 1867, by which Alaska was ceded to the United States, and which includes a
stretch of sea extending in its widest part some (iOO or 700 miles ep^terly frona the main-
land of Alaska.
in pursuance of this claim, they have interfered with the peaceable and lawnful
occupation of Canadian citizens on the high seas, have taken possession of their ships,
have subjected their property to forfeiture, and visited upon their persons the indignity of
imprisonment. They appear to have done this in spite of the admitted principles of
international law, and in direct opposition to their own contention of what constitutes
common waters upon the Atlantic coast.
In view of the unwarranted and arbitrary action of the United States' authorities, the
Undersigned recommends that a copy of this Report be sent to Her Majesty's Government
to the end that immediate reparation be demanded from the Government of the United
States, and that in the meantime the facts contained therein be telegraphed to the Secretary
of State for the Colonies and to the British Minister at Washington.
The whole respectfully submitted.
Department of Fisheries, Canada,
Qtiewtt, September 21, 188G.
(Signed) GEORGE E. FOSTER,
Minister of Marine and Fisheries.
rring to the
ized on the^
-signed has
. f,!•^ii^, «.i»tf<vr.i;ji-;»ii^j,T-- J\r..j-,Yf^ :
ri28]
D 2
n
20
!!
, . • No. 8. , ., ^ , , .
The Earl of Iddesleigh to Sir L, West. — {Subs!, nee telegraphed.)
Sir, Foreign O^ce, October 20, 1880.
YOU have received from the Canadian Government a protest against the claim
advanced by the United States' anthorities in seizing three Canadian schooners which
were engaged in the capture of seals in what arc alleged to be Alaskan waters.
I request that you will lose no time in protesting against these proceedings in the
name of Her Majesty's Government; and you will at the same time reserve for con-
sideration hereafter all rights to compensation which may be brought forward.
Full instructions in regard to this matter will be sent to you by mail.
I am, &c,
(Signed) IDDESLEIGH.
No. 9.
The Earl of Iddesleigh to Sir L. West.
Sir, Foreign Office, October 21, 1886.
I HAVE to request you to inform me whether the United States' Government
have replied to the communication which you were directed to make in my despatch
of the 9th idtimo, regarding the seizure of British vessels in Behriog's Sea by a United
States' Revenue cutter.
If an answer has been received I should be glad to receive a report of the substance
by telegraph.
I should be glad at the same time to know whether any appeal has been lodged against
the decisions of the United States' Courts condemning certain British subjects in
connection with this matter.
I am, &c.
(Signed) IDDESLEIGH.
i! i
No. 10.
Sir L. West to the Earl of Iddrsleigh. — (Received by telegraph, October 22.)
My Lord, Washington, October 21, 188G.
WITH reference to your Lordship's telegram of this day's date, I have the honour
to inform your Lordship that no answer has as yet been leturned to the communication
which, in obedience to the instructions contained in your Lordship's despatch of the
9th ultimo, I addressed to the Secretary of State, asking to be furnished with any
particulars which the United States' Government may possess relative to the seizures
of British vessels in Behring's Sea, and that I have at present no knowledge of any
fippenl havmg been made against the decisions of the United States' Courts condemning
the parties concerned. The above information was telegraphed to your Lordship this
day.
I have, &c.
(Signed) L. S. SACKVILLE WEST.
No. 11.
Tlie Earl of Iddesleigh to Sir L. West.
Sir, Foreign Office, October 30, 1886.
HER Majesty's Government are still awaiting a Report on the result of the
application which you were directed by my despatch of the 9th ultimo to make to
the Government of the United States for information in regard to the reported seizure
by the United States' Keveni.e cutter " Corwin " of three Cancdiar schooners while
engaged in the pursuit of seals in Behring's Sea.
In the meanwhile, further details in regard to these seizures have been sent to
31
this country, and Her Majesty's Government now consider it incumbent on them to
bring to the notice of the United States' Government the facts of thf) ease as they have
reached them from British sources.
It appears that the three schooners, named respectively the "Carolina," the "Onward,"
and the "Thornton," were fitted out in Victoria, British Columbia, for the capture of seals
in the waters of the Northern Pacific Ocean, adjacent to Va.'couver's Island, Queen
Charlotte Islands, and Alaska.
According to the depositions inclosed herewith from some of the officers and men,*
these vessels were engaged in the capture of seals in the open sea out of sight of land,
when they were taken possession of on or nbout the 1st August last by the United States'
Revenue cutter " Corwin," the "Carolina," in latitude 5.5° &2' north, longitude 168° 53'
west, the " Onward " in latitude 50° 52' north, longitude 167° 55' west, and the "Thornton "
in about the same latitude and longitude.
They were all at a distance of more than 60 miles from the nearest land at the time of
their seizure, and on being captured were towed by the " Corwin " to Ounalaska, where
they are still detained.
The crews of the " Carolina " and
' Thornton," with the exception
of the captain and one man on each vessel detained at that port, were, it appears, sent by
the steamer " St. Paul " to San Francisco. California, and tiien turned adrift, while the crew
of the " Onward " were kept at Ounalaska.
At the time of their seizure the " Carolina " had 686 seal-skins on board, the
" Thornton " 404, and the " Onward " 900, and these were detained, and would appear
to bo still kept at Ounalaska along with the schooners by the United States' authorities.
According to information given m the " Alaskan," a news])aper published at Sitka, in
the Territory of Alaska, and dated the 4th September, 1S86, it is reported : —
1. That the master and mate of the schooner " Thornton " were brought for trial
before Judge Dawson in the United States' District Court at Sitka on the 30th August
last.
2. That the evidence given by the officers of the United States' Revenue cutter
" Corwin " went to show that the " Thornton " was seized while in Behring's Sea, about
60 or 70 miles south-south-east of St. George Island, for the offence of hunting and killing
seals within that part of Behring's Sea which (it v.as alleged by the "Alaskan " newspaper)
was ceded to the United States by Russia in 1867.
3. That the Judge in his charge to the jury, after quoting the 1st Article of the
Treaty of the 30th •^1arch, 1867, between Russia and the United States, in which the
western boundary of Alaska is defined, went on to say : " All the waters within the
boundary set forth in this Treaty to tlie western end of the Aleutian Archipelago and
chain of islands are to he considered as comprised within the waters of Alaska, and all the
penalties prescribed by law against the killing of fur-bearing animals must therefore attach
against any violation of law within the limits heretofore described. If, therefore, the jury
believe from the evidence that the defendants, by tlKinselves or in conjunction with others,
did, on or about the time charged in the information, kill any oti'^r, mink, marten, sable,
or fur-seal, or other fur-'^earing animal or animals, on the shores of Alaska or in the
Behring's Sea cast of 19,3° of west longitude, the jury should find the defendants guilty,
and assess Mieir punishm'Mit separatel!)', at a fine of not less than 200 dollars nor more
than l.OOv/ dollary-, or i'linrisonment not more than six months, or by both such fine,
within the limits herein set forth, and imprisonment."
4. That the jury brought in a verdict of guilty against the prisoners, in accordance
with which the master of the " Thornton," Hans Guttounsen, was sentenced to imprison-
ment for thirty days and to pay a fine of .^OO dollars, and the mate of the "Thornton,"
Norman, was sentenced to imprisonment for thirty days and to pay a fine of 300 dollars,
which terms of imprisonment are presumably now being car' ied into effect.
There is also reason to believe that the masters and mates of the " Onward " and
" Carolina " have since been tried, and sentenced to undergo penalties similar to those now
being inflicted on the master and mate of the " Thornton."
You will observe, from the facts given above, that the authorities of the United States
appear to lay claim to the sole sovereignty of t at part of Behring's Sea lying east of the
westerly boundary of Alaska, as defined in the 1st Article of the' Treaty concluded between
the United States and Russia in 1867, by which Alaska was ceded to the United States, and
• I. Copy of n Istter frcm Daniel Miinroc, master if the Canadian Bcaliiig schooner " Onward."
2. Copy of a letter from James Ogilvie, mastor of the Oanadinn peahnjf schooner " Carolina."
3. Deposition of John Dallas, :iean)an on board the *' I'liornton ; " of Thomas McLardy, cook on board the
" Carnlina ; " of Kdwaril Shields, kcaman on board tbo " '!«rolinn ; " and of Wm. Munsie, owner of the " Carolina ; "
all of the Province of British Columbia.
• I. .1. •,ji.\,k:
V
il. *
^rhich includes a stretch of sea exteading in its widest ruit joine 600 or 700 miles easterly
from the mainland of Alasivu.
In support nf this claim, those huthorities are alleged to have interfered with the
jieaceable and luwi'ul ccupation of Canadian citizens on the high seas, to have taken
possession of their ships, to have subjected their property to forteiture, and to have visited
upon their j)ersons the indignity of imprisonment.
Sucii proceedings, ii' correctly reported, would appear to have been in violation of the
admitted principles of iuturuutionni law.
1 recjuest tliat juti will, on the receipt of this despatch, seek an interview with
Ml. Bayard and make him ac({uainted with the nature of the information witli which
Her Majesty's Government have been furnished respecting this matter, und state to
him that they do not doubt tliat, if on incjuiiy it should prove to be correct, the
Government of the United States will, with their well-known sense of justice, at once
admit the iliegality of tiie proceedings resorted to against the British vessels and the
British subjects above mentioned, and will cause reasonable reparation to be made for
the wrongs to which they have been subjected, and for the losses which tliey have
sustained.
Sliouid Mr. Bayard desire it, you are authorized to leave with him a copy ot this
despatch.
I am, &c.
(Signed) IDDESLEIGH.
:^
No. Ii
Sir L. ]Vest to the Earl of Iddexleii/h. — (Received November I .)
My 1-ord, IVanhiixjton, October 21, 188G.
UPON the receipt of your Lordship's despatch of the lUh ultimo I inunediately
addressed a note to tiie Secretary of State, in accordance with tlie instructions therein
contained, and copy of which is herewith inclosed, requesting to bo furnished with any
particulars which the United States' Government may possess relative to the seizure of
certain British Columbian seal schooner;! by the United States' Revenue cruizer "Corwin,"
but to which I have received no reply.
Ujion the i-eceipt of your Loi'dship's telegram of yesterday's date I addressed the
note copy of which is likewise inclosed, protesting, in the name of Her Majesty's
Government, against the said seizures, and i-eserving rights to compensation.
I have, &c.
(Signed) J.. S. S.^CKVILLE WEST.
Inclosure 1 in No. 12.
6ir L. West to Mr. Bayard.
Sir, Washiniflon, September 27, 1886.
1 HAVE the honou;- to intorm you that Her Majesty's Governuienc have received
a telegram from the Commander-in-chief of Her Majesty's naval forces on Jie Pacific
Station respecting the alleged seizure of ihrec British Columbian seal schooners by the
United States' Revenue cruizer "Covwiu;" and I am, in consequence, instructed to
request to be furnished with any particulars which the United States' Government may
possess relative to tliis occurrence.
I have, &i:.
I (Signeii, L. S. SACKVIl.LE WEST.
i
M
'1-^^
%
Inclosure 2 in No. 12.
Sir L. West to Mr. Bayard.
Sir, W^'hlnii'-n Orloher 21, ]SSiK
^VIT1I reference to my note of the 27t,h idtimo, requeeticii; '. be furnished with
any particulars which the United States* Governn;.nt ma. assess relative to the
seizure in the North Pacific waters of three British Columb un scui schooners by the
ss
liles easterly
ed with tiie
.,;^
have taken
liiive visited
ation of the
erview with
witli which
_ -•-.-.
nd state to
/^P^
oonect, tile
ice, at oiico
els and tiic
m
)e made for
3
tlicy have
i
opy ot tlus
SLEIGH.
■|
United States' Revenue cruiser " Corwin," and to which I am without reply, I have
the honour to infonn you that I am now instructed by the £art o( Iddesieigb, Hfir
Majesty's Principal Secretary of State for Foreign Affairs, to protest, in the- name of
Her Majesty's Government, against such seizure, and to reserve all rights to oonipen'
sation.
I have. Sic.
(Signed) L. S. SACKVILLE WEST.
No. 13.
Admiralty to Foreign Office. — lleceived November 5) '
(Extract.) Admiralty, November 4, 1836.
REFERRING to my letter of the 20th September last and to previous correspondence;
r am commanded by my Lords Commissioners of the Admiralty to transmit herewith, far
the perusal of the Secretary of State for Foreign Affairs, cuttings from a newspaper called:
the " Daily British Colonist," at Victoria,
sealing schooners in Behring's Sea.
respecting the seizure of Britith Goluuibian'
Jnclosure in No. 13.
2\, 188G.
immediately
ionb therein
;d witii any
; seizure of
" Corwin,"
dressed the
Majesty's
1 WEST.
, 1886.
ive received
lie Pacific
iii'rs by the
structcd to
iineiit iiiav
WEST.
i\, ISSO.
lisheu with
ive to the
ners bv the
Sxtract from the " Daily British Colonist" Victoria, of October 7, 1886.
(From the " Brooklyn Eagle.")
Thb Alaska SKi7.UHEa. — The recent seizure of vessels in Behring's Sea by the
United States' Revenue steamer " Corwin," for the alleged illegai capture of senls in
the waters of the Unitetl States, has attracted a surprisingly small amount of attention,
in this quarter at least. This is probably due to the fact that the Cabinet has not had
a meeting for some time, and that but one Cabinet Minister remained in Washington,
so that there was a lack of information on the subject, which was unfavourable to its
discussion. Now, however, we have something like at. official Report of what has
taken place from the Captain of the "• Corwin," and the matter is ripe for the attention
of the press of the United States. No one who "jives the subject bis notice can fail to
recognize the lact that it is one of the most important questions this Governme'^t was
ever called upon to discuss, and that it may involve consequences of the highest
moment.
The Captain of the "Corwin," it appears, was acting under positive instructions
received at San Francisco, commanding him to seize and deliver to the United States'
District Court of Akska, for condemnation and seizure, all vessels found ensjaged in
the capture of seals within Alaskan waters, which were defined to include all of Behring's
Sea east of the line from Behring's Strait to a point west of the moft western of the
Aleutian Islands. Under this interpretation a vessel might be more than 500 miles-
from tho mainland oC America, and still a trespasser in Alaskan waters, and therefore
iiable to seizure. The complaints which led to the issuing of these instructions came
irom the Alaska Fur Seal Company, who leas' the seal fisheries <'rom the Government
for the payment of 317,000 do'.!irs annually.
The vessels captuted were six in nunibcT, three of them being described as British,
one American from San Francisco, but the nr.tionality of the other tv/o is not given. It is
not pretended that any of them was wu;.;.. .. marine "league of the shore ; in fact, the only
itish schooner
I miles south-
bring her 160 miles from the chain of the Aleutian
Islands, and 300 from the nearest point of the mainland.
The captured schooners were taken to Oonalaska, where they were libelled for
cendfcmnation, and their crews were conveyed to Sitka, where the masters and mates, in
addition to the loss of their vessels, were tried before Judge Dawson, and fined and
impmooed. In the case of the "Thornton," the captain was fined .^OO dollars. Judgo
Dawson, in passing sentence, was very severe on the prisoners, and likened their oftenoe to
piracy, telling them that they had no more right to go into the waters of another nation ta
interfere with its industries than they had to go upon another man's land and appropriate
his o-op», Judge Dawson, although only a District Judge* considers that his ju»i«diction
! ^i-
I
PC
24
cTEtends over the whole of the waters of Alaska, compiising about 1,000,000 square miles
of what would elsewhere be regarded as the high seas, so that he may safely be regarded
as the greatest maritime Judge extant.
If it should be reported son.a days in the papers that a Gloucester fishermen had
been captured by a Canadian eruizer ."iOO miles off the coast of Nova Scotia, and that her
master and mate, in addition to the loss of their vessel, had been heavily fined, and were
tlien languishing in a Canadian prison, there would probably be some indignation in New
England. Yet that, as rerrards the maritime aspect of the case, is substantially what the
Alaskan seizures amount to. It is maintained, however, that the circumstances of these
cases are modified by the fact thai llussia claimed the whole Bchring's Sea as part of iier
territory, and that tiie waters J.uinied by this Government were ceded as part of Alaska.
Judge Dawson is reported to have said on this point tiiat Russia had claimed and exercised
jurisdiction over all that jwrtion of Beln-iiig's Sea embraced in the boundary-line set forth
in the Treaty, and that claim had been tacitly recognized and acquiesced m by the other
Maritime Powers of the world for a long series of years prior to the Treaty of the
30th March, 1867. Me held that the jurisdiction had been transferred, and that the
United States had acquired absolute control and dominion over the area described in the
Treaty, and that British vessels, manned by British subjects, had no right to navigate the
waters for the purpose of killing fur-bearing seds. If this is good law, that is the end of
the matter; but is it good law? Unless we are greatly in error, there are copies of
despatches ;bo files of the State Department, written prior to 1SG7, in which the
Russian clai. . Mict'.y repudiated and denied. Ciicunistances may have changed
since then as i. attitude towards the subject, but the principle has not. And we
doubt greatly whet' ;• the United States would ever have admittec' si".;;h a claim if made by
anotlier nation. What would be said, for instance, if the British undertook to prevent an
American whaler from entering Hudson Bay or traversing the western half of that arm of
the Atlantic Ocean which leads to it .' Maritime law and international law are the same
whether on the Atlantic or the Pacific, and there is certainly something grotesque in the
sight of hundreds of American fishermen hovering on the Canadian Atlantic coast just beyond
the 3-mile limit, and claiming to enter all bays more than 3 miles wide at the mouth and
fish, while, on the Pacific, Canadian vessels are captured 300 miles from the mainland, and
the claim is made that a bay more than 1,000 miles wide at the mouth shall be a closed
sea to them.
There is another aspect to the case, not international but national. One of the vessels
captured was an American schooner from San Francisco. All other American vessels,
excejjt those of the Alaska Seal Fur Company, are therefore excluded from these waters,
which arc claimed as belonging to Alaska. Is there any warrant for this in the
Constitution of the United States? It has been the evil policy ol' the nation to give
np the whole Tcr.itory of Alaska to one gignntic monopoly, to discourage settleraent and
all legitimate enter()rises not connected with the fur trade. Is this policy to be
continued t It surely was not for this purpose that the territory was bought, but that
its resources might be developed, and such parts of it as are suitable for settlement
opened to industrious workers. Jiut for nineteen years Alaska has been nothing but
the reserve of a great Corporation, which is even now scheming to obtain a renewal
of its franeiiises there. The matter is one of tiio greatest interest and importance to the
American people, who are not desirous of establishing monopolies in Alaska or elsewhere,
but wish to see all their territory opened up and made available for the use of all our
citizens.
No. 14.
•■ Messrs. Lampson and Co. to (he Earl of Idilesleiylt. — [Received November 13.)
My Lord, G4, Queen Street, London, November 12, 188G.
WE understand a question of international law has arisen between the Government
of the United States on the one hand and the (iovernments of Great Britain and of the
Dominion of Canada on the other hand, respecting the seizure by the United States'
Revenue cutter " Corwin" of certain Dominion tishmg-vessels engaged in capturing fur-
seals in the waters of Alaska.
As the future existence of the fur-seal skin trade, in which we have for years past
been engaged, largely depends upon the settlement of this question, we beg to submit, for
your consideration, the following facts :—
lermcii had
md tl)ut her
d, and wpre
tion in New
lly what the
;es of these
part of her
t of Alaska,
lid exercised
inc set forth
ly tlie otlier
.aty of the
lid that tiie
•ibed in the
navigate the
s the end of
•e copies of
I which the
ive changed
)t. And we
n if made by
3 }>rcvent 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<l been
urging the Attorney-General in the matter since he last saw me.
It would be, he continued, a complicated (luestion of jurisdiction, for he had been told
that many of the seal-skins found on board the British vessel* were skins of seals which
had not been shot, but clubbed, which proved that a landing ..ad been effected. He said
that he would reply to your Lordship's despatch which I had communicated to him as soon
as possible.
1 have, &c.
(Signed) L. S. SACKVILLK WEST.
No. 18.
Foreign Office to Messrs, Lampson and Co,
Gentlemen, Foreign Office, November 19, 18fii6..
I AM directed by the Earl of Iddesleigh to acknowledge the receipt of your letter
of the I'itb instant, relative to the seizure of certain British-owned seal-fishing vessels by
the United States' Revenue cutter "Corwin," in the waters of Alaska; and 1 am to
inform you, in reply, that the question is now under the consideration of Her Maje.sty's
Government.
1 am, Ike.
(Signed) JULIAN PAUNCEFOTE.
Mv Lord,
No. 19.
Sir L. West to the Earl of Iddesleigh. — {Received Nov.'mber 26.)
IVanhhif/ton, November 14, 1886.
WITH rclcrence to niv despatch of tlie 21st nitiiiio, 1 have the honour to inclose
to your Li)rds|iij) liercv.ith copy of a note wjijch ) huve received froni tjie Secretary
of State, exiil.iininp; and apologizing for the delay which has oc( urred in replying to my
note of the 21st September last, asking for inforniution respectini^ the seizure by the
United States' Revenue cutter " Corwin,'' in the Behring's Sea, ol' Britisji vessels, and
noting the protest on the part of Her Majesty's Government against such seizures
contained in my nolo of the 2lst uitimo, copy of which was incjosed in my above-
mentioned despatch.
I have, &c.
(Signed) L. S. SACKVI^LE WEST.
Inclosure \n No. 19.
Mr. Bayard to Sir L. West.
Sir, Department of State, November 12, 1886.
TUPj dehiy in my reply to your letters of \lic 27th September and 21st October,
askinsj; for the information 'iii my possession concerning the seizure by the United States'
Revenue cutter ''Corwin," in the Bchiing's Sea, of Britisii vessels for an alleged violation
of the law^ of the United States in relation to the Alaska seal fisheries, has been caused
by my waiting to receive from the Treasury Department the information ^ou desired. I
tender this fact in apology for (he delay and as the reason for my silence; and, repeating
what 1 said verbally to you in our conversation this morning, I am still awaiting full
and authentic RepoVts of the judicial trial and Judgment in the cases of the seizures
referred to.
My application to my colleague the Attorney-General to procure an authentic Report
of these i)roceedings was promptly made, and the delay in furnishing the Report doubtless
has arisen from the remoteness of the place of trial.
As Soon as I am enabled, I will convey to you the (acts as ascertained in the trial,
and the rulings of law as applied by the Court.
I tnke leave also to acknowledge your comiuunication of the 2lst October, informing
me that you had been instructed by the Karl of Iddesleigh, Her -Majesty's Principal
Secretary of State for Foreign Atfairs, to protest against the seizure of the vessels above
referred to, and to reserve all rights of compensation.
All of which shall receive respectful consideration.
I have, &c.
(Signed) T. F. BAYARD.
No. 2n.
The Earl of Iddesleigh to Sir L. West.
(Te)e^aiii)hic.) Foreign Office, December 6, 1886.
CANADIAN Government in(|uire whether vessels equipping in British Columbia for
Behrlng'> 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.v<!ssel.s from British
Columbia have lor some yc.irs- j)ast fre(|uented the waters of Behring's Sea without
molestation, and a l(>tter, 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-establishe<l and important
industry in whi(!h many British subjects iiave a substantial interest.
It is, I think, worth while to contrast the claims now urged by the Government of
the United States to «'xclusive control over a part of the Pacific Ocean, the distance
between the shores oi" which is, as was pointed out by Mr. Adams in 1822, not less
than i,000 miles, with tin; indignant remonstrances recently made by Mr. Bayard
against the action of the Canadian authorities in warning Unit<'d States' fishing-vessels
from entering the territor-iai wnters of the Dominion at points where those wati^rs were
only a few miles in width and throughout their whole exttnit in close proximity to
Canadian territory. A warning of this kind, when given in respect of thcBay'des
Chaleurs, which measures about 18 miles at its mouth, was stigmatized by Mr. Bayard
hi his despatch of the lltli June, 1886, as a " wholly unwarranted pvetcmsion of extra-
territorial autliority," and as an " interference with the unquestionable rights of the
American fishermen to pursue their business without molestation at any point not
within 3 marine miles of the shore."
I would also draw your attention specially to the great liardship occasioned to the
owners and crows of the seized vessels by the confiscation of their catch and by the
imprisonment of some of the pmsons on board of them.
I understand that, owing to the amount of the fines imposed, which were
so heavy that the oAviiers have declined to pay them, the captains and mates of the
seized vcssids, though originally sentenced to thirty days' imprisonment, a term which
has long since expired, are still detained. I may add, in explanation of the concluding
passage in Mr. Munsie's letter, that Mr. Ogilvie, the cai)tain of the "Caroline," while
waiting at Ounalaska for the trial of his vessel, wandered olf into the M-oods, in which
it appears, from Mr. .Munsie's statement, that he must have perished.
I have, &c.
(Signed) LANSDOWNE.
Inclosure 2 in No. 22.
Report of a Committee of the Honourable the Privy Council for Canada, approved by his
Excellency the Governor-General in Council on November 27, 1880.
THE Committee of the Privy Council have aad under consideration a communi-
cation from Mr. I-;. C. Baker, M.P., Vice-President of the British Columbia Board
of Trade, transmitting a letter from Mr. Theodore Lubbe, the managing owner of the
■!■
30
'I
British Columbia spalingr fleet, nskitig inloimation as to the United States' claim to
the easterly half of J1eliiiii>i'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.Ci<!iM;ral to the (..'oloniai Olliee, and to Her .Majesty's Alini.ster ;.t Washjii^ton.
'I'iu! Snh-(!oinnuttee of CoMneil, to whom ihe papers were referred, ol)serve I lu ^
it a])pe;irs that tiic schooners mentioned wen; Canadian vessels litted out for the
capture of seals in the N'orlh Pacific Ocean adjacent to \'ancouv<'r Island, (.^neen
Charlotte Island, and Alaska; that they Wi-re peaceably pursuini;' their vocations on
t)ie hii;ii seas at a distance of some 70 miles from the nearest island, and mcn-e than
100 miles from the nearest mainland ; tlitit tluiy were taken possession of by the United
States' Itevenne cutter -'('(n'win" on the 1st An^ust last, and towed to tlie port of
Ounalaska. 'J'he crews of the "Thornton" and " C.-vroline " (with the e.veeption o\'
t)ie captain and one man on each vessel, who were detained at Ounalas)<:a), were sent
))y steamer to .San Trancisco, and tlicn; lurned adrji't, whi(e the men of the" Onwar(| "
were kept at Ounalaska. Tlie schooners and the seals found on board of them were
ajsp detained \)\ the United States' aulhoritics.
The authority under Avjiich these scjizures were njade is apparently :—
1. A h-fter of instructions from the Actintj Secretrry of the Treasury of the United
States to i)r. D'Ancona, the Collector of Customs at San iVanejsco, dati.'d the
12th .March, LSSl. with inclosurcs (A of Appendix).
2. A letter from the Secr<'taiy of the fnited States' Treasury to the Collector of
Customs at San I'^ancisco, dale;! the ilith Mareli, i^bii, c(nili;iiiins^ the instructions
given to Mr. l)"Aneona in |S">1. 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 loni<itudo, tli<' jury slionld (bid the defendants n'liilty.and assi-ss (heir pnnisliment
separately, at a fnit' of not hvss than 2(H) dollarn, n(U' more than l.DOO dollars, or
iniprisiinmont not nioro than si\ months, or by both, such flues within the limiti
herein s((t forth, and imjn-isimment."
The jury found the |)risoners ij;iiitty, and the master of the " 'I'liornton " wuh
sentenced to thirty days' imprisonment and (o \y.\y a line of 5(10 dollars, while the main
was sentenced toa like term of im|n'isonm(mt .and to pay a line of ;»()() dollars. It
ll|)p('ars from a t'dcirraphio despateh of the ]Htb Septerubor last that the tnastcrs and
mates of the " Onward " and " (,'aroline " have sii\ce also been tried, and seutoneed to
undergo penalties simil.ar to those inllietod on the nnster and mate of the '"rhornton."
The SuI)-Coniniittee do not liere (.iMpo ' to eomment on the enlart^ed construction
5 laced by .lud£,'(! Dawson on tlie worrls -adjacent waters" in the clauses of the (devised
tatntes'above referred to, further than tn' remark in passino; that its elfect would he
to convert a ])nrely mnnieipil prohibition into an international obliy:atiou, and to
olaun for the Inited States a jurisdiction wbicli their (lovernment have in tJie past
not only declined themselves to assert, but whitih they Ikinc strenuously resisted Avheh
claimed by another i'ower.
The followiuLT brief instance will illustrate the (losition taken by the Inited
States' (fovcrnmeut in the recent past:
As late as the l!)th Ai)ril, 1872, Mr. Boutwell, then Secretary of the United
States' Treasury, in answer to a request made to liini that a llevenue cutter should be
sent to the ret?fon of Minnak Tass to prevent Australiiiu and Hawaiian vessels from
takinii" seals on their annual raii<ratioii to the Islands of St. Paul and St. George,
declined to accede to the request, and added : —
" "^n addition, I do iiot see that the United States would have the jurisdiction or
power to drive off parties going up there for that purpose, unless they made sUfch
attempts within a marine league of the shore."
Going fuither back in date, the Sub-Conunittw lind that in 1822 a claim to
sovereignty over the Pacific Ocean north of the ijlst degree of latitude was put
forward by Russia. An Imperial Ukase, issued on the 4th (l(Jth) Se])tember, 1821,
regulating commerce, whaling, and tishing tdong the eastern coast of Siberia, the
north- Avestern coast of North America, and the Aleutian and other islands, and
prohibiting all foreign vessels from landing on the coasts aiul islands belonging to
Russia, or approaching them within less than lOO Italian miles, was conuuunicated
to the American Government on the 11th Ptdjruary, 1822 ((' of Ajipendix).
The llononrable John Quincy Adams, at that tinu' U'nited States' S(>cretary 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 '.<cnt, " the general terfitoi-ial jurisdiction
extends into the sea as far « a cannon-shot will reach, and no farther, and this is generally
calculated to be a marine league (.'3 "liles), an J t':e Congress of the United States has
recognized this limitation." The claim of Ruiisia to sovereignty over the Pacific Ocean
north of the 51st degree of latitude, as a close sea, was considered by Our Government in
1822 as being against the rights ol other nations, but now, as we have bought l^ussia out,
it is all right. One's opinions change according to one's standpoint, and besides- carinoilS
shoot farther now than they used to.
Public No. 130.
An Act to prevent the Ecjtermination of Fur-bearing Animals in Alaska.
[See Inclosure 1 in No. 6.]
Letter dated Treaeu.o Department, Washington, B.C., April 19, J872.
[See Inclosure 6 in No. 3.]
Indenture dated August 3, 1870.
[See Inclosure 3 in No. 6.]
The Alaska Seizures.
Extract from the Brooklyn " Eagle."
[See Inclosure in No. 1 3.]
5*®
t .
i; ---it'-'
11 '1^
Government House, Victoria, British Columbia,
(Extract.) August 2(i. 1886.
I have the honour to report that a few days since I received a telegram from
Mr. Mason, Acting British Consul at San Francisco, to the following effect : —
" 'Caroline' and 'Thornton ' seized by United States' steamer ' tiorwid ' fot illegal
sealing; abor.t twenty men from them put on board 'St. Paul' arrived here last night;
they ask me for protection and to send them to Victoria. Advise me what to do. They
are not charged with anything."
Upon receipt of this I arranged with the owners of the " Caroline " and " Thornton "
for the return of the uien here, and they arrived on the the 23rd.
The " Caroline " and " Thornton," belonging to different owners, are sloops owned
here and fitted c-' here for the prosecution of seal fishing in the North Pacific o d
Behring's Sea. It seems from the accounts given that they were peaceably pursuing ti. .r
vocations and not within 70 miles of land when they were seized by United States'
Revenue steamer "Corwin," as above stated. Some of the men were shipped te San
Francisco ; the sloops and their masters arc retained in some Alaska port.
I inclose a cutting from <i news])apcr published here, which gives as correct an account
of the matter as wo have at present, unil also a statement of the facts relating to the
transfer <0 the United States of the Russian-American possesbious and of the lease and
ing of fur-
cept under
:d that the
comes the
y by which
jurisdiction
[uestidnabie
16 whole of
;ion of the
middle of
Rotmanoff,
Dhgress the
3 Behriiig's
;oast would
the right of
successfully
;iny without
ding to the
jurisdiction
is generally
States has
cific Orean
;erhment in
[Russia out,
es< cannoilS
z.
hlumbia,
ram from
foe illognl
ast niglit ;
do. They
'homton "
)ps owned
acific d
>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, <f
lease called tlje Seal Island {-.case was executed between the United States' Governnier^t
i^nd the .\laska Commercial Company, a Corporai.; n establishel in California. h\ retprp
for the exclusive privilege of taking for twenty y ars (with certain restrictions) fur-seals in
the Islands of St. Paul and St. George, the. lessees agreed tp pay tiie Government an
annual sum of i'55,000 dollars, 2 dol. f)2| c. for each seal-skin taken, 55 cents for each
gallon of seal-oil sold, and to annually provide the natives with a certain quantity ojf
provisions and fuel. The months of June, July, September, and October were, moreover,
the only months during which the capture of the seals could be prosecuted. Under thi?
lease or Cnncession thisCompi.ny has perpetuated its monopoly for sixteen years, reaping a
vast profit therefrom. Not satisfieri with the prolific source of its sup|)ly, and the facilities
affofiied it lor engaging in the business, the Cou^pny has sought apd prfictjcally succeeded
in controlling the fiu'-seal market by its aggressiveness in pretending to construe the term
" and |;he waters ijdjacent thereto " as inearing that vast sea uf waters included ip t^p
limits of cession luimed in the Russo-Aniericijn Treaty of 1867. In this interpretation it
has received the uiifclaxcd si!pjjo."-t of the United States' Government, whose interests in
the matter are identical wiUi those of the Company ; and here it may be remarked tha^
the royalty paid by the li.tteir furnishes a handsome profit upon ^ho purchase-money of
A|aska Territory. One or two ^niPHcai) p.cvepue cutters ^re alvyays pruizing in the
Cli:8] F 2
p I
T7
f:
36
Behring's Sea and that portion of the North Pacific to the south of the Aleutian Islan'is,
ever on the alert to prevent any vessels but those of the Alaska Conamercial Company
from capturing seals there. Meeting with no effectual opposition, and the cost of litigation
precluding any chances of success (or the appellant, the Government has hecome more
and more aggressive, until finally, changing from a defensive to an offensive supervision,
their action has culminated in the deliherate seizure of three British sailing schooners upon,
whatever a national greed may declare to the contrary, the high and open seas, recognized
by international law as part of the iworld's great highway, free to the commerce of all
countries, and a natural means of intercourse of all nations.
It is laid down as one of the first principles of maritime and commercial international
law that the open sea or main ocean is, like the atmosphere, free for common use to all
mankind, and cannot be appropriated by any State to the exclusion of the others. Bearing
in mind the huge improbability of the act of the Revenue cutter not being in consonance
with Governmental orders, what do we find r That a nation, disregarding on one coast the
the belt of the sea littoral which constitutes the range belonging to coast defence, is
actually assuming on another coast supreme maritime jurisdiction over a waste of waters
comprising half the northern part of a vast ocean. In the exercise of this self-arrogated
authority foreign mercantile vessels an forcibly ':,eized and, with their cargoes, are declared
confiscated, while with an unaccountable magnanimity the crews, after being landed at an
American port many hundred miles distant from the scene of their capture, are allowed to
go rt large. It may be advanced that if open to indiscriminate capture the fur-seal would
have ere this become extinct, or nearly so. But though this has been the case with the
seal in the southern regions it is a fact, which, deplorable as it may be, would furnish
a most fli "' excuse to a Government whose regulation of the industry in Alcskan waters
is promp t not by philanthropy, but by strictly mercenary considerations. So .%r has this
latter d.-position carried them as to cause them to become responsible for an act which,
if committed by a vessel privately manned and owned, would bear but one interpretation.
As it is, the act is one that is rash, aggressive, and, in the face of what is Known, bitterly
unjust, and is already spoken of as an unworthy means of reprisal for the late seizures
made by Canada of American fishing-vessels on the Atlantic coast. The sealing schooners
when seized were over 70 miles from any land, and how, with tiiis fact before them, tiie
United States' Government can attempt, with any show of reason, o justify the conduct of
the Commander of the " Corwin," it is difficult to imagine. Witl that evidence we have
a; hand, the seizures and detention are manifestly illegal, and reprc -entations of the affair
through the proper official channels have already been forwarded to the Home Government.
Britain is not belligerent, the streigth she possesses — imparted by the commerce she
conducts in every quarter of the globe — she does not misuse.
Air. Munroe to Mr. Spring, August 7, 1886,
[See Inclosure t in No. 7.]
Dear Sir, Victoria, British Columbia, Novembrr 1.1, 1886.
As our sealing schooners will leave Victoria on or about the 1 0th December for the
sealing expeditions of 1887, many of them will not return to Victoria until September,
or, in other words, not until the Behring's Sea trip is completed. We are, accordingly,
anxious to know what is being done in the case of our seized vessels, and whether or not
we may look for protection against what we and even the American press is pleased to
term piracy. We have no occasion to interfere with the Alaska Commercial Company's
riijhts on the Priboloff Islands, nor do our vessels come anywhere near land. The fact
is, we take out at sea from .OO to 100 miles what the Honourable H. Elliot, o( tho
Smithsonian Institute, in his Report of 1874 on the Seal Islands, calls " batcholor seals,"
or those not required on breeding-grounds, to which Report I would be pleased to call
your attention.
The industry is of too much importance to Canada to allow the Alaska Commercial
Company to dictate who shall and who shall not take seals on tlie high or Behring's Sea.
For the seascn of 1886 there was brought into Victoria from the Pacific Ocean and
Behring's Sea, and shipped therefrom to England and the United States, 50,000 skins,
valued at about 350,000 dollars. It is evident that the business is worth protecting.
.lust here allow me to contradict a statement made by S|)ecial Agent Single, of tho
United States' Treasury Department, in which he says that three-fourths of the seals shot
in the water sink and are lost. From the experience of our hunters I maintain but a
sniiall percentage is lost in this way, probably not over one in fifty. I doubt if the loss
37
is as great as that caused by the rejection of skins after being clubbed by the Alaska
Commercial Company on the islands, to which reference is made in the Tables of Elliot's
Report.
The Americans themselves in 1824 repudiated Russia's claim to the Behring's Sea
when Russia seized the Boston brig "Pearl '' for whaling. Two years later Russia had to
give the vessel up, and paid damages.
In conclusion, I may say that the seized skins are liable to be valueless on account of
neglect.
Captain Ogilvie's body has been discovered ; a jury was empanelled, and a verdict
was 8;iven in accordance with the facts of the case.
Hoping you may be pleased to advise us in this matter before our vessels sail, you will
confer a great favour on vour most obedient servant.
(Signed) WM. MUNSIE.
The Honourable George E. Foster,
Minister of Marine and Fisheries.
No. 23.
T^e Earl of Iddesleigh to Sir L, West. — {Substance telegraphed.)
Sir, Foreign Office, January 8, 1887.
REFERRING to previous correspondence in regard to the case of the three
Canadian schooners engaged in the seal fishery in Behring's Sea, I transmit to you here-
with a copy of a letter from the Colonial Office, with a despatch, and its inclosures, from
the Governor-Gereral of Canada, explaining the views of the Dominion Government i i
the matter.'^
Nearly four months have now elapsed since my despatch of the 9th September last
was addressed tj you, iu which you were directed to invite the Government of the United
States to furnish you with any particulars they might possess relative to the occurrence ;
and further instruction.? were sent to you in my subsequent despatches of the 20th, 21st,
and 30th October and tiie 18th November, but up to the present date no reply has been
received from that Government as to the alleged proceedings of their officials.
I have now to instruct you lo express to Mr. Bayard the concern of Her Majesty's
Government at receiving no reply to the serious rt presentations which they have telt
compelled to make on the information which has rearlicd them respecting the proceedings
of the United States' cruizer "Corwin" in snizing British sealing schooners on the high
seas, and to urge, with all the force which t! lavity of the case requires, the immediate
attention of the United States' Government i<; ib action of llie American authorities in
their treatment of these vessels, and of their masters and crews.
I am, &c.
(feigned) IDDESLEIGH.
No. 24.
Sir L. West to the Earl of Iddesleigh. — {Received January 21.)
My Lord, Washington, Jnnunry 10, 1887.
I HAVE the honour to acknowledge the receipt of your Lordship's telegram
of the 8th instant, and to inclose to your Lordship herewith copy of a note which
I immediately addressed to the Secretary of State, referring to my notes of the
27th September, 21st October, and 7th December last, and to your Lonishii despatch
of the 30tii October, co|)y of whicii I placed in his liands on the 12tli vember, and
expressing the sense in which Her Majesty's Government viewed his silt ncu with regard
to the communications which had been made to him respecting the seizure of British
vessels in Behring's Sea.
I have, &c.
(Signed) L. S. 6ACKVILIJJ WEST.
Inclosure in No. 24.
Sir L. West to Mr. Bayard.
Sir, Waihington, January 9, 1887.
I HAVE the honour to inform you that 1 have received instructions from the Earl
of Iddesleigh, Her Majesty's Principal Secretary of State for Foreign Affairs, again to
• No. aa.
I I
bring to your notice the grave representations made by Her Majesty's Government
vesnpctiog tiie seizure of the British vessels " Carolina," " Onward," and " Tliornton "
In Behring's Sea, by the United States' crui/er " Corwin," to which no reply has as yet
bepn returned.
On the 27th September last I had the honour to address to you a note in whieh
I stated tiiat Her Majesty's Government re(|uested to be furnisbcti with any particilars
fyhjpb t.be Lfnitcd States' Government might possess relative to this occurrence.
On the '21st October last I had the honour to inform you that I was instructed by
Jhe liarl of Iddesleigh to protest, in the name of Her -Majesty's Government, against such
seizures, and to reserve all rights to compensation.
In a note dated the 1 2th November last you were good enough to explain the delay
which had occurred in answering these communications, and, on the same day, I had the
honour Jo communicate to you a despatch from the Earl of Iddesleigh, a copy of which,
at your request, I ])laced in your hands.
On the 7th ultimo I again had the honour to address you, stating that vessels were
cnuiiiping in British Columbia thv fishing in Behring's Sea, and tliat the Canadian
Govi'nuni.nt were desirous of asceitaining whether such vessels fishing in the open sea,
and beyond the toriitorial waters of Alaska, would be exposed to seizure, jind that Her
Majesty's Government would be glad it some assurance could be given that, pending
the settlement of the questions, no such seizures of Biitish vessels would be made in
Behring's Sea.
The vessels in question were seized a . a distance of more than 60 miles from the
nearest land at the time of their seizure. The master of the "Thornton" was sentenced
to imprisonment for thirty days, and to pay a tine of ;')00 dollars, and there is reason to
believe that the masters of the " Onward " and " Carolina" have been sentenced to similar
penalties.
In support of this claim to jurisdiction over a stretch of sea extending in its widest
pari some oOO or 700 miles from the nuiinhmd, advanced by the Judge in bis charge to
the jury, the authorities are alleged to have interfered with the peaceable and lawf-'l
occupation of Canadian citizens on the high seas, to have taken possession of their ships,
to have subjected their property to forfeiture, and to have visited upon their persons the
indignity of imprisonment. Such proceedings therefore, if correctly reported, would
appear to have l)een in violation of the admitted p.'inciplc of international law. Under
thfese circun>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<aws regulating the Alaskan
seal fisheries.
I am informed that the documents in question lelt Sitka on the 2iJth January, and
may be expected to arrive at Port Townsend, in Washington Territory, about the 7th
instant, so that the papers, in the usual cour.se of mail, should be received by me within a
fortnight.
In this connection, I take occasion to inform you that, without conclusion at this time
of any questions which may be found to be involved in these cases of seizure, orders have
been issued, by the President's direction, for the discontinuance of all pending proceedings,
the discharge of the vessels referred to, and the release of all persons under arrest in con-
nection therewith.
I have, &c.
(Signed) T. F. BAYARD.
I
No. 28.
Colonial Office to Foreign Office. — {Received February 9.)
Sir, Downing Street, February 8, 1887.
WITH reference to previous correspondence respecting the seizure of Canadian
sealing schooners in Behring's Sea, 1 am directed by Secretary Sir H. Holland to transmit
to you, to be laid before the Marquis of Salisbury, a copy of a despatch, with its
inclosures, from the Governor-General of Canada on the subject.
Sir H. Holland will be glud to be informed of any action which Lord Salisbury may
think proper to take upon this despatch, in order that the Marquis of Lansdowne may be
apprised accordingly.
I am, &c.
(Signed) JOHN BRAMSTON.
tor the dis-
to, and the
telegraphed
icmber last
f the note
id by Her
telegram, I
WES1\
41
Inclosure 1 in No. 28.
The Marquis of Lansdowiie lo Mr. Stanhope.
Sir, Government House, Ottawa, January 15, 1887.
vVITH reference to previous correspondence respecting the seizure of Canadian
sealin'» schooners in Behring's Sea, I iiave the honour to transmit to you, in order
that reparation may be sougiit from the United States' Government, a copy of an
approved Report of a Committee of the Privy Council of Canada, submittiig papers
containing full statements of claims for damage sustained and compensation demanded
by the owners, masters, and mates of the schooners "Onward," "Thoraton," and
"Carolina."
I have, &c.
(Signed) LANSDOWNE.
2, 1886.
he Marquis
itive to the
ive readied
, WEST.
r 3, 1887.
Upon its
ation to the
d in August
he Alaskan
muary, and
)ut tiie 7th
ne within a
at this time
rders iiave
•roceedings,
rest in con-
^YARD.
Inclosurn 2 in No. 28.
Report of a Committee of the Honourable the Privy Council for Canada, approved by his
Excellency the Governor- General in Council on the 3rd January, 1887.
ON a Report dated the 27th December, 1.'386, from the Minister of Marine and
Fisheries, submitting papers containing full stat'jments of claims for damage sustained
and compensation demanded by the owners, masters, and mates of the sealing schooners
" Onward," " Thornton," and " Carolina," which vpsaolg were seized by the United
States' Revenue cutter "Corwin" in Behring's Sea in August 188(3, and concerning which
full representations have been made to Her Majesty's Goveriment in despatches bearing
date respectively the 23rd and 24th September and the 29th November, 1886, and
recommending that copies of the same be transmitted to the Right Honourable the
Principal Secretary of State for the Colonies, in order that reparation may be sought, from
the United States' Government for all damages and loss to Britisl; subjects consequ^^it
upon the illegal action of the United Slates' officers in the cases referred to:
The Committee, concurring in the above, advise that your Excellency be moved to
transmit copies of the papers accordingly.
All which is respectfully submitted for your Excellency's approval.
(Signed) JOHN J. McGEE, Clerk,
Privy Council.
Documents annexed to preceding Report.
The Claim of Daniel Munroe, Master of f^f British Schooner " Onward."
I claim against the Government of the United States, or whom it may concern, the
sum of 8,000 dollars for loss of wages, lay-out, damages, and indemnity for illegal seizure
of the schooner " Onward " by the Commander of the United States' steamer " Corwin "
in Behring's Sea on the 1st August, 1886, or thereabouts, and for detention and subse-
quent wrongful imprisonment in gaol at Sitka.
(Daniel Munroe, by his Attorney in fact),
(Signed) EDGAR CROW-BAKER.
Victoria, British Columbia, October 20, 1886.
8, 1887.
Canadian
to transmit
1, with its
isbury may
vnc may be
USTON.
The Claim of Hans Guttormsen, Master of the British Schooner " Thornton."
I claim against the Government of the United States, or whom it may concern, the
sum of 8,000 dollars for loss of wages, lay-out, damages, and indemnity for illegal seizure
of the schooner " Thornton " by the Commander of the United States' steamer " Corwin "
in the Behring's Sea on the 1st August, 1886, and for detention and subsequent wrongful
imprisonment in gaol at Sitka.
(Hans Guttormsen, by his Attorney in fact),
(Signed) EDGAR CROW-BAKER.
Victoria, British Columbia, October 20, 1886.
[128]
Q
II
49
Damages claimed by the owner of Schooner " Carolina " in rci^pect of her Seizure hy the
United Slates' Steam-ship " Corwin" while fishing in Behring's Sea.
British Columbia, to wit.
I, William Munsie, of Victoria, British Columbia, owner of the British schooner
" Carolina," do solemnly and sincerely declare : —
1. That the value of the said vessel at the time of her seizure by the United States'
steam-ship " Corwin " was 4,000 dollars, and the cost of her outfit, when she left Victoria
for the Behring's Sea, was 3,000 dollars.
2. That she carried a crew of eleven men, and the estimated wages due to tlie master
and men for fonr months from the loth day of May, 188G, to the time of the return of the
said men to Victoria is 4,C00 dollars.
3. That at the time of her capture by the "Corwin" she had 686 seal-skins, which
were worth, at 7 dollars each, 4,802 dollars.
4. That the probable catch for the season, estimated from the number of skins taken
by the schooner " Mary Ellen," which was 3,564 skins, and by the number of skins taken
when the said schooner was captured, would be 3,000 skins, the value of which would be
21,000 dollars.
5. That the loss sustained by me in consequence of the detention of the said schooner,
and my being unable to employ her in ordinary work after the sealing season is over, is
450 dollars a-month, which sum I claim until the vessel is returned home iu good order
and condition.
6. That I have also paid and incurred liabilities connected with the arrest of the
said vessel, and in defence of the master and crew, for legal and other expenses, 1 ,000
dollars.
And I make this solemn declaration, conscientiously believing the same to be true, by
virtvie of the Act passed in the 37th year of Her Majesty's reign, intituled " An Act for
the Suppression of Voluntary and Extra-judicial Oaths."
(L.S.) (Signed) WILLIAM MUNSIE.
Taken and declared before me this 20th October, 1886.
(Signed) M. W. Ttrwhitt Drake,
Notary Public, Victoria, British Columbia.
vu
■ Si
II .i
li 1
Damages claimed by the Owner of the " Onward" and "Favourite" in respect of their
Seizure by the United States' Steam-ship "Corwin" while fishing in Behring's Sea.
British Columbia, to wit.
I, Charles Spring, of Victoria, British Columbia, owner of the British schooners
" Onward " and " Favourite," do solemnly and sincerely declare : —
1. That the value of the said vessel " Onward " at the time of her seizure by the
United States' steam-ship " Corwin " was 4,000 dollars, and the cost of the outfit when
she left Victoria for the Behring's Sea was 1,000 dollars.
2. That she carried a crew of twenty mtn, and the estimated wages due to the master
and men for four months from the 12th day of June to the time of their return to Victoria
is 7,.'500 dollars.
3. That at the time of her capture by the " Corwin " she had 400 seal-skins, which
were worth 2,800 dollars.
4. That the probable catch for the season estimated on the number of skins taken
by other schooners, and by the number of skins caken when the said schooner was
captured, would be 3,000 skins, the value of which, at 7 dollars a skin, would be 21,000
dollars.
.•i. Tiiat the loss sustained by me in consequence of the detention of the said schooner,
and my being unable to employ her in ordinary work after the sealing season, is over
600 dollars a-month, which sum I claim until the vessel is returned to me in good order
and condition.
6. That I have also paid and incurred liabilities connected with the arrest of the said
vessel, and in defence of the master and crew for legal and other expenses, 1,000 dollars,
and I also claim 3,000 dollars damages, because the officer in command of the United
States' steam-ship " Corwin " as she passed the " Favourite" ordered her to cease sealing,
which she did, and thereby lost her season.
And I make this solemn declaration, conscientiously believin the same to be true, by
^
Seizure bij the
?a.
itish schooner
United States'
le left Victoria
to the master
! return of the
i!-skins, which
)f skins taken
Df skins taken
lich would he
said schooner,
son is over, is
in good order
arrest of the
;penses, 1,000
to be true, by
" An Act for
MUNSIE.
spect of their
ng's Sea.
sh schooners
eizure by the
! outfit when
:o the master
n to Victoria
skins, which
skins taken
fihooner was
d be 21,000
id schooner,
ison, is over
good order
t of the said
,000 dollars,
the United
;ase sealing,
be true, by
i'»
43
virtue of an Act i)asscd in the 37tb year of Her Majesty's reign, intituled "An Act for the
- rvo ^ ■' "
Suppression of Voluntary and Extra-judicial Oaths."
(L.S.) (Signed)
C. SPRING.
Taken and declared before me this 18th October, 188G.
(Signed) M. "W. Ttkwiutt Drake,
Notary Public, Victo' ia, British Columbia,
Damages claimed by the Owner of the Steam-vessel " Tliornton" for illegal Seizure by the
United States' Steam-ship " Corwin " while fishing in Behring's Sea.
British Columbia, to wit.
I, James Douglas Warren, of Victoria, British Columbia, owner of the British steam-
vessel " Thornton," do solemnly and sincerely declare :—
1. That the value of the said vessel at the time of her seizure by the United States'
steam-ship " Corwin " was 6,000 dollars, and the cost of her outfit when she left Victoria
for the Behring's Sea was 4,000 dollars.
2. That she carried a crew of fifteen men, and the estimated wages due to the master
and men for four months from the 26th day of May to the 1st day of October, the date of
their return to Victoria, which I have to pay, is 5,100 dollars.
3. That at the time of her capture by the •' Corwin " she had 403 seaUskins, which,
at 7 dollars each, were worth 2,821 dollars.
4. That the probable catch for the season, estimated on the number of skins taken
by tiie schooner " Mary Ellen," and by the number of skins taken when the said vessel
was captured, would be 3,000, of the value of 21,000 dollars.
6. That the logs sustained by me in consequence of the detention of the said vessel,
and by being unable to employ her in ordinary work after the sealing season is over, is
600 dollars a-month, which sum I claim until the vessel is returned to me in good order
and condition.
6. That I have also paid and incurred liabilities connected with the arrest of the
said vessel, and defence of the master and crew for legal and other expenses, 1,000
dollars.
And I make this solemn declaration, conscientiously believing the same to be true, by
virtue of the Act passed in the 37th year of Her Majesty's reign, intituled " An Act for
the Suppression ol Voluntary and Extra-judicial Oaths."
(L.S.) (Signed) J. D. WARREN.
Taken and declared at Victoria this 19th October, 1886, before me.
(Signed) M. W. Tyrwhitt Drake,
Notary Public.
Victoria, British Columbia.
I, James Blake, mate of the schooner " Carolina," claim 5,000 dollars as damages
for my illegal arrest and imprisonment on board the " Corwin " and in goal at Sitka from
the 1st August to the 16th September, 1880.
(Signed) JAMES BLAKE.
Witness :
(Signed) M. W. Tyrwhitt Drake.
Victoria, British Columbia.
1, John Margotich, mate of the schooner " Onward," claim 5,000 dollars as damages
for my illegal arrest and imprisonment on board the United States' vessel " Corwin " and
in gaol at Sitka from the 23rd August, 1886, to the 29th September in the same year.
(John Margotich, by his Attorney),
(Signed) C. SPRING.
Witness :
(Signed) M. W. Tyrwuitt Drake.
[128]
G 2
f
4A
Victoria, British Columbia.
I, Harry Norman, mate of the steamer " Thornton," claim as compensation for my
illegal arrest and imprisonment on board the United Stales' steam-ship " Corwin " and in
gaol at Sitka, the sum of 5,000 dollars, dated the IQth October, 1886.
(Harry Norman, by his Attorney),
(Signed) J. D. WARREN.
October 19, 1886.
Witness :
(Signed) M. "W. Tiewhitt Drake.
Victoria, British Columbia.
I, James Ogilvie, master of the schooner " Carolina," claim as compensation for my
arrest and imprisonment on board the United States' steam-ship " Corwin " and in gaol at
Sitka, the sum of 5,000 dollars, dated the I'Jth October, 1886.
(James Ogilvie, by his Attorney),
(Signed) A. J. BECKTIL.
October 19, 1886.
Witness :
(Signed) M. W. Tyrwhitt Drakk.
«l
Abstract of Damages,
Damages as per Dcclarnlion.
Value of vessel and outfit
Wages of crew .,
Value of seal-skins on board . .
Value of probable catch
Loss sustained by detention, para. 5
Legal and other expenses . ,
Loss sustained by order to cease sealing ,
Schooner
" Onward."
Dollars.
5,000
7,500
2,800
21,000
1,000
Stcain-ship
"Thornton."
Dollars.
10,000
5,100
2,821
21,000
1,000
Schooner
" Caiolina."
Dollars,
7,000
4,500
4,802
21,000
I'.OOO
For illegal Arrest and Imprisonmeni.
Daniel Munroc, master of " Onward," for indemnity for illegal seizure, loss, &c.
John Margotich, mate of " Onward," „ „
Harry Norman, mate of " Thornton," „ „
James Ogilvie, master of " Carolina," „ „
James lilake, mate of " Carolina," „ „
Hans Guttonnsen, master of " Thornton," „ „
Schooner
" Favourite."
Dollars.
3,000
Dollars.
OSS, &c.
. . 8,000
»
. . 5,000
«>
. . 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 ur<profitaLle to
specify.
" Very truly yours,
(Signed) " M. D. Ball,
" United States' District Allorney.
"Hon. A. P. Swineford,
" Governor of Alaska."
The plan suggested by the District Attorney would not involve any extra expense to
the Government over the present cost of the Revenue Marine Service in Alaskan waters ;
it only implies that Sitka be made head-cpiarters for the cutter which is sent every year
from San Francisco for the protection of the seal fisheries and sea-otter grounds, and
be given the additional duty of co-operating with the civil authorities in the wav
suggested.
Under such an arrangement special terms of Court could be held at Ounalaska and
Kadiak during the annual cruize of the cutter, and the laws enforced over a large section
of the Territory, to the people of which the Civil Government is at present a thing which
exists in name only. t\ matter which can so easily be arranged, and yet is of such
vital importance to the proper and effective administration of the Civil Government,
ought, it seems to me, to merit the prompt consideration and favourable action of the
proper Departments.
General Remarks and Suggestions.
It piust not be inferred from what I have said concerning the nceJ of transportation
facilities, which can only be supplied without large extra expense by means of a Revenue
cutter stationed here at Sitka, that the presence of a war-vessel large enough to rate a
marine guard can, or ought to be, dispensed with.
A naval vessel, such as the " Pinta," or even one of the second or third rate, is very
essential as a means of holding in peaceable subjection the native Settlements which have
not yet yielded to civilizing influences, and to assist in restoring order in case of riot and
armed resistance to the law on the part of a lawless element among the whites, such as
48
k %
that wliich incited the recent expul?'jn of tb.o Chinese from Douglas Island. There is no
necessity, however, in my opinion, .'or iiccping a miirii.e guard on shore iiere at Sitka,
while there is an ever-present anJ i'ros| ective need for the presence of sui'li a force at
Juneau, flad the \.ar-shin and iicr niarme guard been there at the time, I have every
reason to believe the expulsion of the Chinese would not have been attempted, or, if it had
been, the commanding officer would certainly have been in a position, acting in unison with
the civil authorities, to prevent tiie mob from consummating its unlawful purpose.
The same lawless element that accomplished the forcible removal of the Chinese
miners and labourers is likely at any time to demand the discharge of the natives who have
been employed to fill the enforced vacancies, and in the absence of an armed force would
be enabled to enforce 'heir demand before any relief could be afi'ordcd from this point,
where the only naval or military force in the Territory is now stationed — and where, 1 may
truthfully add, its presence is not only unnecessary, but wholly useless. The native
people here at Sitka are quiet and peaceable, and there is no lawless white element which
cannot be held in complete subjection to the low without the aid or intervention of a mili-
tary fjrce.
The only place in the Territory where there is any prospect of lawlessness beyond the
control of the civil arhorities is at Juneau, and I I'cspectfully urge that the propriety of
transferring the " Pint^ '' and her marine guard to that point be at once brought to the
attention of the honour.ible Secretary of the Navy.
If for any reason it is not deemed advisable to order the transfer I ' ./e suggested,
th°n I venture the further suggestion that the marine guard now stationed here on shore
at Sitka be transferred, if not to the ship where they properly belong, then into other
quaiters than those at presciit occupied by tliem in the building popularly known as the
" Barracks."
I submit herewith plans showing how and by whom the building is at present oeeu]>icd,
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;;: <j,'
;*rre{
iakii
ihe
W is
Csp
mail
enga
not
inepo
duly
.1
, Islam
,.,|bond
'Conf
taki
lind
57
special privileges
of this chapter,
Alaska and the
osecuted in any
ir in the District
jctors appointed
either of them,
est persons and
irfeitures under
keep and deliver
id such Courts
all cases arising
• the Territory,
like effect as if
proceedings are
iced in the Act
:t in addition to
in the collection
f in his opinion
negligence or
ider such regu-
)f the Act above
exercise all the
night have done
ions of that Act.
ska, are declared
•ise provided by
I either of those
isury ; and any
i hereof shall be
f War to carry
the Islands of
except during
and it shall
IS, or by other
the natives of
lis as may be
and also such
manufacture of
mited and con-
f the Treasury.
seal less than
; and it shall
ands of Saint
they haul up
I'isions of this
a fine of not
imprisonment
nent ; and all
id engaged in
irfeited to the
uly, 1870, the
the Island of
ir-seals which
is limited to
the right of
lis, with such
it as may be
visions of this
' Sec. l!)63. When the lease heretofore made by the Secretary of the
^Treasury to "The Alaska Commercial Company," of the right to engage in
laking fur-seals on the Islands of Saint Paul and Saint George, pursuant to
the Act of the 1st July, chapter 189, or when any future similar leaso expires,
or is surrendered, forfeited, or terminated, the Secretary shall lease to proper and
E sponsible parties, for the best advantage of the United States, having due
gard to the interests of the Government, the native inhabitants, their comfort,
maintenance, and education, as well as to the interests of the parties heretofore
engaged in trade and the protection of the fisheries, the right of taking fur-seals
on the islands herein named, and of sending a vessel or vessels to the islands
^r the skins of such seals, for the term of twenty years, at an annual rental of
pot less than 50,000 dollars, to be reserved in such lease and secured by a
aeposit of United States' bonds to that amount ; and every such lease shall be
duly executed in duplicate, and shall not be transferable.
t See. 1 904. The Secretary of the Treasury shall take from the lessees of such
Islands in all cases a bond, with securities, in a sum not less than 500,000 dollars,
conditioned for the faithful observance of all the laws and requirements of
Congress, and the Regulations of the Secretary of the Treasury, touching the
"taking of fur-seals and the disposingof the same, and for the paj'ment of all taxes
hnd dues accruing to the United States connected therewith.
Sec. 1965. No persons other than American citizens shall be permitted, by
lease or otherwise, to occupy the Islands of Saint Paul and Saint George, or
ieither of them, for the purpose of taking the skins of fur-seals therefrom, nor
■hall any foreign vessels 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
ibperated for the use, benefit, or advantage, directly or indirectly, of any persons
bther than American citizens.
See. 1966. Every lease shall contain a covenant on the part of the lessee
|hat he will not keep, sell, furnish, give, or dispose of any distilled spirits or
spirituous liquors on either of those islands to any of the natives thereof, such
person not being a physician and furnishing the same for use as medicine ; and
every Revenue officer, officially acting as such, on either of the islands, shall
seize and destroy any distilled or spirituous liquors found thereon ; but such
officer shall make detailed Reports of his doings in that matter to the Collector
of the port.
. Sec. 1967. Every person who kills any fur-seal on either of those islands,
t^r in the waters adjacent thereto, without authority of the lessees thereof, and
jBvery person who molests, disturbs, or interferes with the lessees, or either of
iheni, or their agents or employes, in the lawful prosecution of their business,
under the provisions of this chapter, shall for each offence be punished as
prescribed in section 1961 ; and all vessels, their tackle, apparel, appurtenances,
and cargo, who crews are found engaged in any violation of the provisions of
sections 1965 to 1968, inclusive, shall be forfeited to the United States.
Sec. 1968. If any person or Company, under any lease herein authorized,
knowingly kills, or permits to be killed, any number of seals exceeding the
number for each island in this chapter prescribed, such person or Company
shall, in addition to the penalties and forfeitures herein provided, forfeit the
whole number of the skins of seals killed in that year, or, in case the same have
jbeen disposed of, then such person or Company shall forfeit the value of the
fame.
Sec. 1969. In addition to the annual rental required to be reserved in every
ease, as provided in section 1963, a revenue tax or duty of 2 dollars is laid upon
leach fur-seal skin taken and shipped from the Islands of Saint Paul and Saint
^eorge, during the continuance of any lease, to be paid into the Treasury of the
"Uhited States ; and the Secretary of the Treasury is empowered to rnake all
needful regulations for the collection and payment of the same, and to secure the
comfort, maintenance, education, and protection of the natives of those islands,
and also to carry into full efl'ect all the provisions of this chapter except as other-
wise prescribed.
Sec. 1970. The Secretary of the Treasury may terminate any lease given
:to any person. Company, or Corporation on full and satisfactory proof of the
^iolation of any of the provisions of this chapter or the regulations established
,U}y him.
I [128] 1
Riglit to Uke iMt
may b« leMed.
iJuIy, 1870,0. 18»,
u. 4, 6, ud 6, T. It,
pp. 180, 181.
Bond.
1 July, 1870, 0. 189,
B. 4, V. 1«, p. 180.
Who may lease.
1 July, 1870, c. 180,
■. S, T. It, p. 181.
CoTenants in leaae.
1 July, 1870, c. 189,
I. 5, T. IS, p. 181.
Penalty.
1 July, 1870, e. 189.
B. e, V. 16, p. 181.
Penalty upon leasees.
1 July, 1870, c. 189,
B. S, r. 16, p. 181.
Tax upon Bcal-akms.
1 July, 1870, C.I 89,
a. 6, T. 16, p. 181.
leaae may be tennl.
Dated.
1 July, 1870, c. 189,
•. 6, r. 16, p. 168.
'I ■**"
IjeBttcori to furninh
L'opicK to niiutcrx ol
their vcbblOh.
IJiiI.V, 1S70, 1-. 18!i,
n. 1, V. 1(1, |i. IHO.
('orUin sections may
bo altcrcil.
1 July, l!<70, 1'. 189,
B. 8, V. Ill, |i. 182.
AgcntH and a«sivtnnlH
to manage seal
Qahcriea.
SMarcli, IS":!, e. 31,
B. 1, V. 17, p. ;ifl.
Tlieir pay, \e.
SMurcli, 1872, c. 31,
». 1, V. 17, p. 36.
l7ot to be interested
in right tn talte seals.
6 March, lS7l!, e. 31,
a. 1, V. 17, p. 3."i.
Agenld may adminii<-
tor certain uallm and
take testimony.
C March, IS"'-', c. 31,.
8. 3, V. 17, p. 35.
08
Si;c. 1971. The lessees shall furnish to the several masters of vessels
employed by them certified eopit^s of tlii' leuse held by them respectively, which
siiall be presented to the Govcrinncnl Revenue officer for the time being who may
1)0 in cluiri^e at the islands as the authority of the party for landing and Utk'uv:
skins.
Sec. 1072. Congress may at any time hereafter alter, amend, or repeal
sections from 19G0 to 1971, both inclusive, of this chapter.
Sec. 1973. The Secretary of the Treasury is authorized to appoint one
Agent and three Assistant Agents, who shall be charged with tiie management
of the seal fisheries in Alaska, and the performance of such other duties as may
be assigned to them by tiie Secretary of the Treasury.
Sec. 1974. The Agent shall receive the sum of 10 dollars each day, one
Assistant Agent the sum of 8 dollars each day, and two Assistant Agents the
sum of () dollars eacli day while so employed ; and they shall also be allowed
their necessary travelling expenses in going to and returning from Alaska, for
which expenses vouchers shall be presented to the proper accounting officers of
the Treasury, and such expenses shall not exceed in the aggregate 600 dollars
each in any one year.
Sec. 197.'). Such Agents shall never be interested, directly or indirectly, in
any lease of the right to take seals, nor in any proceeds or profits thereof, eitlier
as ovvnei', agent, partner, or otherwise.
Sec. 1976. Sueii Agents are empowered to administer oaths in all case-
relating to the service of tiie United States, and to take testimony in Alaska for
tiie use of tiie Goveninieiit in any mutter concerning the public revenues.
i
;l-
h ■'
!:
ti
-■■! !
No. ;J8.
Sir L. West to the Marquis of Salisbury. — {Received May 17.)
My Lord, Washington, May G, 18S7.
WITH reference to my despatch of the 2nd April last, I have the honour to
inform your Lordship that the case of the owners of the American ship3 seized for
sealing in Ik'iiring Sea against the Captain of the United States' cruizer " Corwin " has
been postponed until the Government is prepared for the defences.
I have, &c.
(Signed) L. S. SACKVILLE WEST.
No. 39.
Sir L. West to the Marquis of Salisbury. — {Received June 10.)
My Lord, Washington, May 30, 1887.
r HAVE the honour toinclo.se to yom* Lordship herewith a statement which lias
appeared in the New York "Times," showing that the United States' Govermncnt
persistently combated the pretension of Russia to absolute dominion over tiie
Kamschatkan and Bchring Seas previous to the cession of Alaska,
I have, &c.
(Signed) L. S. SACKVILLE WEST.
Incloaurc in No. 39.
Extract from the Neiv York " Times" of May 29, 1887.
Not X Landlocked Ska. — Helease op the British Sealers justified. -
The so-called controversy with respect to the Alaskan seal fisheries and American
rights to exclusive jurisdiction over tlic water.s of Bchring Sea has recently been made
llie subject of more misrepresentation to the square inch than almost any other pending
(iM i^^';
asters of v
s[)c'ctively, wliich
ic l)L'iiig who Miav
luliiiK and taking
.iiiond, or repeal
I to appoint one
the management
iicr duties as may
irs each clay, one
istant Agents the
also be allowed
from Alaska, ibr
anting officers oi
•egate 600 dollars
or indirectly, in
its thereof, either
)aths ill all case-
Dny in Alaska for
D revenues.
7.)
, May G, 1887.
c the honour to
ships seized for
r " Corwin " has
ILLE WEST.
0-) .' .
May 30, 1887.
tement which ]ia>
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, <ind anticipate serious damage, if not total loss, to their vessels from the
tremendous gales which during the past winter have swept the North Pacific coasts. They
al>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<a Commercial Company's ageat, alias the United States' Marshal.
Remaining, &c.
(.Siga'sd) CARNE AND MANSIE.
No. 41.
Foreig/i Office l« Colomal Office.
Sir, F<w(nr/n Ofice, July 8, 1887.
I AM directed by the JJtarquis of Salisbury l/i? a«3knti*i4«dgc tbc receipt of your
letter of the 27th ultimo i<'la)?t r.«r to the case of the seiswfoe of eerliain British vessels when
engaged in seal-fishing last atrt*n«)n in Bchnng's Sea.
hi reply, f am to reqiK'-'t Jjat you ^vill state to >^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»<wi, Her Majesty's
Governnieixt should be in possesrfw* of the recordn of the .)u<(i«^ proceedings in
the District Court in Alaska, and instmi^rlions havf been sent by teief|iaii)ift to Sir L. West
directing him to request that he may b»> 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
Siti<a, and that several other vessels were in sight being towed in. I also intimated to
Mr. Bayard that, in view of the assurances ftiven in his note of the 3rd February last, Her
Majesty's Government hud assumed that, pcndint; 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. Copy of my note is iierewith inclosed. 1 have
likewise tiic honour to inclose to your Lordship copy of a note whicii I have received in
reply to the above connnuuicatinn, in whicii .\lr. i>ayurd 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<oren/.en,oneof the crew of this vessel, duly qualified
as a Deputy United States' Marshal, in charge, to Sitka, with instructions on bis arrival at
that place to deliver the vessel, captains, anil mates to tlu! United States' Marshal, anJ to
set the crews at liberty, Lore.n/en to remain at Silka until the arrival of the " Rush " at the
end of the season.
1 am, &c.
(Siqned) L. (J. SllEPARD.
I.V/ 19, 1887.
3 13th instant,
s to the recent
jrs in Behring's
ihtain from its
I copies of the
1 1th, and 18th
)n the 2nd, the
iteam-schooncr
on the 17th
), Secretary.
irier " Rush,"
87.
th June of the
r, and Albert
ur Company,
iving skins of
:ain and mate
crew of the
;e
Inelosurc 3 in No. 51.
Captain Shepard, U.S.R.M., to Mr. Fairchild.
United States' Revenue Marine Steamer " Ru><h,"
Sir, Ounalaska, Alaska, . full/ 11,1887.
I HAVE the honour to inform the Department that on thcflth .July in the Rehrin^'s
Sea, latitude 54° 43' north, longitude IG?" 51' west, Cape Cheerful, Ounalaska Island,
bearing? south-east, true .01) miles distant, i boarded and examined the British schooner
" VV. 1*. Sayward," .09*79 tons register, of Victoria, British Columbia, Geo. K. Ferry,
master, and W. D. Warren, of Victoria, British Columbia, managing owner, and found her
to be on a sealing voyage — had been four days in the Behring's Sea.
The captain reported 485 seal-skins on board, si.\ty-four of which were tuken in the
Behring's Sea. Found the vessel under short sail, and one canoe and two Indians out
hunting seal.
Her crew consisted of six white men all told, and seventeen Indians from Britisli
Columbia, and two Indians belonging to the crew of the British schooner " Amia Beck,"
who had lost that vessel in a fog. 1 took charge of the vessel's papers and seized ler for
violation of section l!)5ti, Revised Statutes; took her in tow and proeecdcd to Ounalaska,
arriving at midnight.
I have delivered the 48.'> 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<jlit canoes. W'c conmieuced sealing off
Capo SciUt, on (he nortli of Vancouver Island, and killed 47!) fur-seals in the Pacific
Ocean, and entereil the Hehrini^'s Sea on the .'nd July, 18^7, passim; between Umnaek
Island and the Island of the hour Mountains. 1 he weather was very thick and fuggy, and
we did no sealini; in Mehring's Sea in cous(>(|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.
" Havin<i reference to your inquiry on the subject of claims for indemnity on the part of
the ownci-s of the Canadian scaling-vessels seized in Behring's Sea by the United States'
Revenue cutter 'Corwin,' who have been arrested and released ; also that the conclusion of
any questions involved is reserved for the present ; and to inform you that the Government
has forwarded to the Home Government the details of your claim to be indemnilied for
the loss consequent upon the seizure of your vessels.
"lam, &c.
(Signed) "John Timox.
" Deputy Mlnislrr of /<V;.7(p?/V,v."
Again, in answer to another letter, Mr. Munsic received the following reply : — ■
" Dear Sirs, " Ottami, July 20, 1887.
"I have to acknowledge the receipt of your letter of the l!)lh instant, addressed to
the Minister of Marine and Fisheries, in which you state, * Wo have not received a single
word from the United States' Government about the "release of the vessels," ' referring, of
course, to those seized last season.
"On the 'ind April last I communicated to yon the decision of the President of the
United States, in so far as releasing the vessels, &c., which letter yon acknowledged.
" Have you made any application for the surrender of tlie vessels, or have you reason
to suppose the United States' Government would communicate tiic action to you by other
means tliixn the ordinary official channel ?
" This Department lost no time in communicating the decision in question to you,
with the expectation that you would at once take steps to regain possession of the
vessels.
" I am, &c.
(Signed) ".John Tii/roy,
" Deputy Minister of Fi.shrries."
From the above official orders of the American authorities and the correspondence of
the Dominion Government, sealers here were (|uite natural in i)eiieving that no further
seizuivs would be nuule during the present sciison. However, the reverse is the case, and
the Amciiean autliorities iiave evidently fully i)repaied in order to do as nnicli injury as
possible to the scaling interests outside those controlled by the Alaska Commercial
Company.
Hiiii'^li and American scalers have fared alike. The latter probalily the worst.
Owners of vessels [are are naturally indignant at the turn of alFairs, and think that more
definite information siiould have beei\ given them before their vessels sailed as to the
intentions of tlie Amerieans. Now that they are seized tlu y consider the fr.iijcrial
autiiiiiitios should nuive at once in the matte;', and dcmanci instant re(h'css from the
Unii(-d Stiiles for a breach of intcrnationallaw, and for the damages snstain<.d by Uritisli
sulijeels w idle legally li.-liing on the high seas. Tiiey are beginning to wonder if, indeed,
lingland is nnstrcss ot tlie seas when such ingh-handed i)iratieal acts as those perpetrated
last yiur, and again .epeated tliis, are allowed to oceni- without some protection bcinu:
givi'u lo r>ritish 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<iuence, and issiu; immediate
instructions to their naval officers which w.ii prevent a recurrence of these regrettable
incidents.
I am, &c. "■'
(Signed)
SALISBURY.
il
No. 54.
Sir H. Holland to the Marquis of Lansdowne.
,y:i!
... A
My Lord, Downing Street, September 14, lfc87.
WITH reference to previous correspondence, I have the honour to acquaint you, for
the information of your Ministers, that the Marquis of Salisbury caused to be referred to
the Law Oflicers the correspondence which has passed repccting the seizure of tin; three
British sealing-vessels, the "Thornton," the "Carolina," and the "Onward," by ihu
United States' Revenue cruizer " Corwin," in Behring's Sea, and thu; they advised that u
claim for compensation might properly be made against the United States' Governinent.
I telegraphed to you on the 7th instant that it was proposed to prefer a claim fur
compensation against the United States' Government, and in()uiring what amoUiit yuur
91
Ministers would suggest ; but as ut present advised. it does not seem to me desirable to put
forward the claims which accompanied your despatch of the 15th January, as some ot
them are apparently much cxa^^gerated, and a new issue would be raised as to tlie reason-
ableness ut' the claims.
In the meantime, the Marquis of Salisbury has addressed the despatch, of which I
inclose a copy,* to Her Majesty's Minister at Washington, desiring him to communicate it
to the Secietary of State.
Your Ministers will no doubt take this matter into consideration at the earliest
moment. . . ■ -■•■•
' . . I have, &c.
„ >. (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.
(Signe<l) JOHN BRAMSTON.
Inch)surc 1 in No. 70.
The Mnrfjuis of Lnmdowne to Sir H. Holland.
Sir, • Citadel, Quebec. September 26. 1887.
IN i-outinuatiou of my despatch of the 27th August ami iu r.^fereuce to previous
correspondence, I have the honour to inclose herewith a copy of an approved Minute
of the Privy Council of Canada, covering copies of a Report of mv ]\liuist<'r of
Marine and Fisheries relating to the seizure; and detention ol tiie Canadian s(>aling
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' (</), the Minister observes
that from the first (e) it appears that inquiries made by the Collector of Customs
at Victoria, British Columbia, in July last, resulted in his obtaining the information
that Judge Dawson had up to that date rf'ceived no orders for the release of the
Canadian scaling-vessels seized in 1886, that the vessels had not been sold, and
remained still under seizure, and that Judge Dawson, when questioned as to the report
that a telegram had been sent to him by the Attorney-General of the United States,
ordering the release of the vessels, had replied that he liad heard of this report before,
but that nothing of the kind had reached either himself or the United States' Marshal
at Sitka.
Tlie paper mai'kcd (/) purports to be a copy of a telegram, dated the
26tli Januaiy, 1887, from the United States' Attorney- General Garland to Judge
Dawson, ordering him to release the vessels seized in August preceding, and of an
order founded thereon from Judge Dawson to tlie United States' Marshal at Sitka,
bearing date the lS)th February, 1887, directing him to "release the 'Carolina,'
' Onward,' ' Tliornton,' and ' San Diego,' together with all their tackle, apparel, skins,
guns, animimition, small boats, and everything pertaining to said vessels."
The third paper, marked (jr), is a copy of a letter from the hiw firm of Drake,
Jackson, and Helmcken, of Victoria, British Columbia, to the Minister of Justice,
informing him that they are advised that a telegram was received by Judge Dawson
from the United States' Attorney-General, ordering the release of the vessels above
referred to ; that Judge Dawson did issue an order accordingly, but that he afterwards
rescinded the order on tlie assumption that the telegram was a forgery, and that since
" no official letters of any sort, either confirming the telegram or respecting the affair,
has been received at Sitka."
The Minister observes that, if the information conveyed in the above-mentioned
[128] P
m
n li
9 ;
: i;.^:
papers is correct, of which there appears no reasooable doubt, it reveals a state of
affairs by no means satisfactory.
On the 3rd February, 1887, Mr. Secretary Bayard informed the British Minister
at Washington that " orders have been issued by the President's direction for tlic
discontinuance of ail ponding proceedings, the discharge of the vessels referred to, and
the release of all persons under arrest in connection therewith."
A telegram in accordance with Jlr. Bayard's communication appears to have been
sent to Alaska, and an order kised thereon to have been issued by the District Judge,
but to have been afterwards rescinded, and no further action has been taken up to date
of latest information.
Meanwhile, the vessels remain under st>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<! from the shores of
Alaska.
" 2. That the Act under which the defendants were arrested is imconstitutional
in so far as it restricts tin; free navigation of tbo Uebring's Sea lor fishing and sealing
'purposes beyond the limits of a marine league from shore. The issue thus raised by
the demurrer presents squarely the (juestions : —
" (I.) The jurisdiction of the United States over Behring's Sea.
" (2.) The power of Congress to legislate concerning those waters.
" The Argument,
"The fate of tluj second of these propositions depends largely upon that of the
■ first, for if the i> .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 <d' sneh State.' (Idc-m, \ol. iii, see. ,'!(•().)
" ' I'ndonbtinlly il is upon this (M'ineiple of int<>rnational law that imr ri^;hl to
<lominion over sueli vast inland wati-rs as the fjreat lakes, IJoston llarhonr, lioiii,'
Island Sonnd, Del.aware ami (Miesajieake Mays, Albemarle Sonnd. and the May of
S;\n I'^raneiseo rests. This eo\intry, in 17!>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(<IV(>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'eo<i;ra])hic>il 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 riKli<l'iill.v holoiif^.s to the IJnitod H(iitt>H. Iliiviri-,' (b'tciiiiiiuMl tlir law,
woavn next Iwl lo iruiuiiv as to wlic-tlicr H(!liriii<p'"H Soa is an ialuml \/:>t,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 <il' wulcis rormci'ly known as tin) i^t'ty of Kanichatlui, is hoiindi'd hy tln^ rcniiiiHiila
ol" kani(di!ill<a and I'liisli-rn Hihuria to \hr. l5(dirini,''H Strait. Kroi.- tin-. AnnTi(%'iii siihj
of this strail liic wad-rs of the l!ciirin<,''s Hca wash th(^ coast of the inu;;;l;,.id of Alaska
as liirsDiitli as (ho J'cniiisula of Alaska. l''rom (In; extremity oC this peninsula, in a
luii^', swccpini,' curve, the Alculiau lsian<ls stretch in a eoritinuoiis oiiuiu almost lo tho
i fihoros ol" Kamchatka, (hus oueasini^^ the sea.
was uusetlliMl, BU
eri'itory ol' tin' ^^
shat Ihe'iiatinii
lanniii'^'s ' l,:n\
iirialiy silujili'ii. '^
Imdy is « it hill fj
I 1/iw,' vol. i,
ciilar Stale, iwv r/^T
at our ri,u;ht !(•
Ilarhonr, lioii;;
nd thi' Kay ol'
)claware Ray to
cs(> 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<?r Bliinwreck, died on tho lOth December, 1741.
[123J (.12
!
'1 1
1l
|!s*:
'>
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 j<jying to tin;
fullest (>xient 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(<r I granted tiie second Charter to the liui^sian- American
Company, renewing its privileges for twenty years, and was again asserted in 1814 by
the granting of the third Charter, which not only increased the privileges of the
Company, but also provided a system of colonial government ftn* the Ilussiau-
Anierican colonies for tho twenty succeeding years.
' "Russian Ordinmice of \S2l.
" All tli> .'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<jying to the
n with all theiv
impany, all aid,
, when, by an
bsian- American
i-tedin 1811. by
'ivi leges of the
' the llussiau-
illengcd, but in
ic iu its Asiatic
{.iissiaii Empire
other industry,
li-westeiai coast
:ude and in tlie
) Islands, from
up — viz., as far
Great Britain,
he diplomatic
idc and Russia
vcrsy Avero the
he assertion of
ath to the r)lst
ssian Minister,
Russia and the
(.Jreat Britain,
iction oAer the
forth Amei'ica,
ted States and
led the Pacific
h Contracting
• in fishing, or
ady have been
ho restrictions
hinsT exercised
'acting Fowers
iitizeus of the
United States shall not resort to any point where there is a Russian establishment
without the permission of the Governor or Commander, and that reciprocally the
subjects of Russia shall not resort without permission to any establishment of the
United States upon the north-west coast.
"'ARTICLE III.
" ' It is, moreover, agreed that hereafter therc^ shall not be formed by the citizens
of the United States, or under authority of tlic said States, any establishment upon the
north-west coast of America, nor in any of the islands adjacent to the north of 51^ 10'
north latitude, and that in the same manner there shall be none fornunl by the Russian
subjects, or under the authority of Russia, south of the same parallel. ^ , ..
.■•;■■)
"♦ARTICLE IV. ■■■"'• ■,;;::^;\-,v';; ;:;^ 'M';
" ' Tt is, nevertheless, understood that during a term of ten years, counting from
the signatures of the present Convention, the ships of both Powers, or which belong to
their citizens or subjects respectively, may reciprocally frequent, without any hindrance
wliatever, the interior seas, gulfs, hai'bours, and creeks upon the coast mentioned in
tlu) preceding Article, for the purpose of fishing and trading with the natiA es of tlie
country.' (Wheaton's ' International Lsiw,' vol. i, pp. 2-112.)
" Tlic Treaty between Russia and Great Britain contains substantially the same
provisions. Neither in the Treaties nor in the correspondence is any reference made
to Russia's claim of dominion over the Behring's Sea. If in the diplomatic correspon-
dence leading up to the Treaty any challenge as to the jurisdiction of Behring's Sea
had been made, why was it not settled by the Treaties ? Did the High Contracting
tPowcrs to those Treaties enter into a discussion lasting nearly two years as to one
linatter and make adjustment by Treaty as to other matters ?
" The Convention between Russia and Great Britain, aside from disposing of the
||<]|uestion of Russia's asserted sovereignty over the Pacific Ocean and fixing the southera
■jlmiit of her possession on the western coast of North America, also established the
^ dividing line of their respective North American possessions from 54 40 north to the
■ frozen ocean, which boundary-line is incorporated verbatim into the Tr(^atv of Cession
of JS67 from Russia to the United States. (Treaty of 1867, Article I.)
" If difl'erences existed as to the dominion of the Behring's Sea, why were tiiey not
also settled, as that manifestly would be a part of the object of holding the Con-
vention ?
" Russia's Jurisdiction, u ■ i
" It cannot be successfully maintained that by such terms as the ' Great Ocean,'
the ' Pacific Ocean,' or the ' South Sea,' the High Contracting Powers referred to
the Behring's Sea. Aside from this, it is stipulated in both Treaties that the ships,
citizens, and subjects of either PoAver may reciprocally frequent the interior seas, gulfs,
harbours, and creeks of the other on the North American coast for a period of ten
yeai's. The only interior sea on the North American coast was the Behring's Sea held
by Russia. _ If that was a part of the ' Pacific Ocean,' or the ' Great Ocean,' or the
' South Sea.' or belonged to the high seas under the law of nations, whv the term ' interior
sea,' and a\ liy should the United States and Great Britain accept a'ten years' limit of
the right of navigation, fishing, and trading in an interior sea if they had the uncon.
ditional right to frequent tlioso waters under the law of nations?
" T|'i« section of the Treaty, therefore, really concedes Russia's dominion over
Behrings Sea. '^"'■" — n«.. i^...i. -^^...^-J.^ ^i ? v . ., , , . „ „ .
sovereigntv over
vol.
Cliancellor Kent alludes to this subject as the ' claim of Russia to
the Pacific Ocean north of the 51st degree of latitude.' (Kent.
i, p. 28.) '
"A suniHiary of results following the discussions and Conventions as to the Royal
Ordinaucc ol 1S21 is f,h(> 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 <l('s|mt«'li of Uio I'Olli iiistimj, in wliicli I liiwl (lie
lionour lo iiicloso copy ol' tlic imti' wliicli, Mccordiii^f to iiiNlniclioiis, I luldn-Nsc'd (o tlir
Unitctl Slad's' (lovcriimciil on tlic siilijiH't ol' (lio seizure of liu) " AU'red Adnin.s" In
Heliriiiii's Sen, I linve flio lionour to trimsniit lierewitli eoity of Mr. iJnyiinl'H reply, in
wliieii lie nekiio\vlodj;e.s the receipt ol' tny uliove-nitMilioiiea ednnuiiiieation.
r liave, &(!.
(Signed) L. S. SACKVILLli WEST.
Inelosure in No. SI,
Mr. Itayard lo Sir L. West.
Sir. Drpartmnil of i^liilr, W'liKliliiijIon, Oclnlwr 22, 1887.
r HAD tlie lionour to reeeive la.st evening' your note of the lOlli iiiNlanl,
eonvi'vini; the instnietions addressed to you hy the Marquis of Salishury, that ydii
should i)rolest aij.'iinst the seizure* of the C!inadiai\ vessel "Alfred Adams" in
Helirimi's Sea. and a^:Minst the eontinuane(< of Hiiuilar jiroceedinf^s liy the ITniIni
States' authorities on tiio liii,'li seas, and I have, ite.
(.Sif,'n(Ml) T. V. HAY AIM).
No. 82.
Colonial Office to Foreign Office. — (liereived November 21.)
Sir, Downinij SI reel, Novewher 19, 1887.
WITH refon>!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<l.
(Hij^fimd)
I'livij Connnlfor (JiinaUn.
IncloHure !J in No. H2.
I<p^ fjivutvnnnt-Qovfirnor NcLson to the Hncretiiri/ of Slntr, Ottawa.
'jgir, Harrison Hot ti/irinys, Urilinh Coluinliiii, Srplcmhrr Jo, IHH7.
5 I HAVIC the honour to transmit herewith a copy ol' a Minnte, of my l'iXecutiv«
fjCouneil, approved hy mo on tlu! S)th instant, representing; tin; vaiiai to the I'rovin*!*) of
firitisli Columhia of the present .soaiint; industry in IJeliriny's Hvn, tlie numhor of
A^'Vcssi'ls, men, »te., en^'a^ed in tlui sann;, the hms to the provincic certain to enHUC from
the destrn(rlion of this trade l)y tin' .seizuri-s und (ronliseations ma(h) l)y the United
States' (iruizers.
That the ri;;lits of ISriti'^l'. suhji'cts Hinniid h!iv(^ tin; nanut protection and c(m»ido«
ration on tlu^ I'aeilhr ;is on tin- Atlantic, and that full compiMisalion and redness for
injuries already rcc^eiviMl, and assnrarures of future non-inliM'fereiuie, should he; uhlainod
from the IJuitivl Slatiis' (Jovernment.
'I'iial this ((uestion siiould lie in(du(led in the sef)p<; of the duti(!S of the Inter-
national j''ish(!ry Commission now umlerslood to Im; in process of orf^.anization, and
tthat it is d(!sirjihle siiid Commi.ssion Hliould hold somc^ of its nittin^s in Victoria, for
[reasons therein set forth, itc.
[ have, &e.
(Signed) JITKJJl NliLSON.
Inclosure 4 in No. 82.
Province ok Uimtisu Columiiia.
llojiort of (I ('omiiillter of the llonnuriihle the H.rer.ulive Council, tipprnved hi/ hi.it Honour
the LieiUenaiil.-dlovernor on the \)lh Heplember, 1887.
ON a Memorandum frcmitlu! Honourable the Minister of Tinanco and Agriculture,
[dated the Uth September, 1887, setting forth —
'lliat tliere are usually engaged in Heal-lisliing in IJeliring's Sea seventeen vessels
[wholly owned by people residing in this (!ity, of the aggr(!gat(! value of 12.5,000 dollars ;
'J'liat the outfit for each scuni-annual voyage of these vessels represents an expen-
Ijjiture of 76,000 dollars, equal to 150,000 dollars a-yea- ;
I That each of these vessels, on an average, empioys a crew of five whites and
about twenty Indians, or iiftceu to eightecu whites as hunters ;
Ll-Si 11 2
'/" n^
124
M
That ilio prohiihlc aj^f^ropnto vnliKiof tlio pmductof cacU voya^fo is 200,000 dollars,
or 100,0()() dollars a-ycar ;
That this industry, thoujjfli as yot ouly in its iiifaiicry, is a very irnjiortant one lor
so small a coniiniinity ;
That Ihc 1,'larinj^ and unlawful soizurrs and conliswitions in Hchrini^'s Sea dniini,'
last season and the |)n's('nt year arc coiniilolcly crushiiii,' out this inlant industry, and
causing; ruin, and, in several known instances, atitnal distress, to tlioso ho have
invested their all in the business and relied njion it for a livciiihood ;
That the destruction of this industry not oidy entails ruin and distress u[)on those
directly enga!j;e(l therein, l)ut if aiVccts most injuriously the trade of the province, aid
drives from these waters a race of hardy and advt^ntnrous lisl:ernien, who, with their
families, are lartfo consumers, and who would in time become a very important
clement of stren^'th, if not lln^ nuchuis of the future navy of Canada on tlie
I'acifle.
That the rifi;hts and interests of IJritish subjects, whether in llslierics or commerci',
are entitled to the same consideration aiul protection on the Pacific as on the Atlantic,
and that it is tliend'orc the duty of the Dominion Government to employ every
propi^r ;i."ans for obtainiui; immediate and full compensation and redress for |)as't
injuries and vroni^s, as well as to f^uard against the possibility of a repetition of these
high-handed outrages in the future ;
Tliat it is believed to be desirahh' that this question should bo included in tlip
scope of th(^ duties of the International Conunission now understood to be in process
of organization for the settlement of the fishery disputes existing bet wi;en Canada and
the United States of America ; and it is considered most important that the said Coni-
mission should hold one or more of its sittings in this city, in order that those more
directly acquaintinl with and interested in the I'acnlie fisheries may have a better
opportunity of being h(!ard and making the Commissioners more thoroughly acquainted
with the subject than would otherwise be possible :
The ConTmittce advise apj»roval, and that a copy of this Minute be forwarded to
the llonourable the Secretary of State for Canada [.sic].
Certified,
(Sigucd) JNO. IIOBSON, Clerk, Executive Council.
No. 83.
! >:
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 <Iol. GO c.
las not yet been
ANSDOWNE.
wncUfor Cflddrfi, |
5i9</t November,
ation a despatch,
:^tary of State for j
JJehriui^'s Sea l)y
claims tor com- 1
1 inclosures Averc
is despatch were
igent back to the owners of the vessels for revision. Tn the eases of two of tliese, the
"Thornton" and "Carolina," a Cull and <letaiied revised Stntcnu-nt of the losses is
aubniitted herewitii. These, the Minister submits, are not nnreasdnable; the claim
for the "Onward," the third vessel seized, has not yet been returned by the owners.
The Conunittci! rceonmiend that your llxeelleney he moved to forward the claims
luivin mentioned to the l{i!,'bt Honourable the Secretary of State for the Colonies, for
transmission to the United States' (iovernment.
All which is respectfully sul)mitle(l for your Excellency's approval.
* (Sitjned) JOHN J. McQEE,
Clerk, Privy Council, Cunuda.
Inelosurc 3 in Vo. 87.
Declaration of Jameg Douglas Warren.
ity of Ottawa, Province of Ontario, Dominion of Canada.
I, JAMES DOUGLAS WAIlin-^N, of the city of Victoria, in the Province of
British Columbia, of the Dominion of Canada, mariner and ship-owner, solemnly and
tincerelv declare as follows : —
1. 'rhat I am the duly authorized a^ent of William IMunsle, of the city of Victoria
aforesaid, the owner of the hereinafter UK'utioned schooner " Carolina."
2. That the said schooner "Carolina" is a British vessel, ret,'istered at the pcn-t of
Victoria aforesaid, of about tons burden, builders' measurement, and that in
A.l>. 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 <mtlU of the "Carolina," are th<> 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:<! not been
irisiug by reason
iptain and mate,
I Ounalaska and
that time, the
city of Victoria
1 of the outfit of
muld have been
ting and lishiiig
in Exhibit (A),
said articles and
purposes of said
pr, 500 dollars,"
0, and do verily
Carolina" at the
! master, .fauies
I veril- believe
i of he. jlzurc;
)\vn by the said
good order and
said voyage, and
ring said voya!,'e
18. That the value jjlaced on the " Carolina," namely, 4,000 dollars, is a fair and
[reasonable valuation of the said schooner, and from my i)ersonal knowledge f)f tlie
Carolina," and the value of vessels of her class at Victoria, I verily believe that she
[could not be replaced by a ves^sel in all respects as good and as well adapted to tiie
[purposes for which she was used for a less sum than 4,000 dollars.
I 19. That on or about the 13tli day of July last past I was at Ounalaska aforc-
Isaid, and saw and was on board of tbo snid schooner " Carolina." She was then lying
[anchored in the harbour at Ounalaska, stripped of all her outfit and running gear.
[cr standing rigging was muc^- weather-beaten, her iron work much rusted, her deck
seems in a bad state, and I verily believe, from the condition in which the " Carolina "
len was, and in view of the fact that she must remain so exposed until ler.st next May
[A.D. 1888), it will cost at least 4,000 dollars to put her in as good repair and condition
when seized and return her to Victoria. To be taken to Victoria under ordinary
jircumstances would alone cost between 2,500 and 3,000 dollars.
20. That the "Carolina" at the time of her seizure was insured in the California
[nsurancc Company for the sum of 2,500 dollars on her hull, and in the sum of
1,000 dollars on her outfit and cargo.
21. That the estimated loss of 5,000 dollars 'or each of the years 1887 and 188H
\)j reason of the seizure and detention Ox' the " Carolina " as aforesaid is based upon un
iiverage catch of 2,380 seal-skins for each of the said years, at 5^ dollars per skin,
"Vhich Avas the market value per skin at Victoria at the close of the season of 1887,
.after deducting therefrom the cost of outfit and wages, based on the "Carolina's"
:?i^^oyage of a.d. 188G.
'"*" And I, JarL.3s Douglas Warren, aforesaid, make this solemn declaration, f;on-
scientiously believing the same to be true, and by virtue of the Act respecting extra-
judicial oaths.
F Declared and affirmed before me at the city of Ottawa, in the county of Carleton,
£d the Province of Ontario, this 28th day of November, a.d. 1887, and certified under
igiiy otiieial seal.
(Signed) J, D. WARREN.
(Signed) W. D. Hogg, Notary Public for Ontario.
Exhibit (A).
Value of the schooner "Carolina" at the time of seizure
Ouiut—
Groceries . . . . . . . . . ,
Ammunition . . , . . . . ,
Six short guns . .
Five rifles . .
Oun implements and tools . . . ,
Dry goods ..
Ship chandlery . . , , . .
Wattf casks . . . .
Chronometer . . . .
Four canoes and outfit . . . . . . , ,
One boat . . . . , . . . . ,
Salt
Coal and wood for fuel . . . . . ,
Cooking stove and utensils . . . , . . . .
Miscellaneous . . . . , . . , . ,
Cash on board aul unaccounted for . . . . . ,
Two scxtai'ts ,, .. ,,
Insurnnco premivim and survey fee on 2,500 dollars on hull and
1,000 dollai-s 01. outfit and cargo ., ,.
Wages paid to hunter.! and crews for voyage up to timi, of seizure .
Tart of crew having b -Ci; sent ?o Sun FranciNco by United States'
authorities, board of iwt ineu at Sun Francisco and passngc-
monry thence to Victoria
Passage-money and expenses o,' mate, James Blake, from Sitka to
Victoria after release from prison . . , ,
686 seal-skins on board the "Carolina" whc.i seized, and not
returned, at 7 dollars per skin . .
Total Exhibit (A)
Dol. c.
Dol. c.
••
4,000 00
598 60
173 34
300 00
130 00
17 29
71 37
376 83
12 00
160 00
248 50
100 00
81 00
37 02
79 00
42 34
500 00
75 00
;( nno an
1,332 22
362 50
fl28]
71 72
100 00
2,003
94
• •
4,803 00
• •
14,161
33
.. f Vis
• *
M
f
In?
'4 1
H
ill
111
fl i
1!^ Ill
-hi
•i <i
11
It
m
Exhibit (B). — Nttmbee of seal-skins taken by each of the following thirteen sealiurj
vessels during the year 1886 in and about the Behring's Sea, most of the said
vessels leaving the sea before the end of the season fearing capture.
Vessels.
Number
of Seal-skins.
Pathfinder ..
Mary Ellen . .
Theresa
Fovourito
Black Diamond
Alfred Adams
Active . . . .
City of Santiago
Silvia Handy
Dolphin ..
Anna Beck . .
Grace
Sayward
• • • . t * *
. a • . • a •
• at a * a a
• a • a a .a
. . . . • .a
• a * a a a •
a* . • at a •
l,76fi
•1,250
2,025
2,li25
1.700
2,465
2,275
1,020
1,587
2,601
1,400
2,550
2,725
Total catch
30,955
Avcrogc per vessel . .
2,381
Exhibit (0).
Legal expenses at Sitka in connection with the seizure of the " Carolina " . .
Counsel and other le^al fees and expenses in and about the seizure of the
" Carolina," and the claims arising thereunder, exclusive of the above
500 dollai'S .. a a a. a. a. aa
Personal expenses other than the above in the same connection a a . .
Total •• .a a. aa a. ••
Dol. c.
500 00
750 00
250 00
1,500 00
Exhibit (D). — Estimated damages arising from the secure and detention of the
schooner "Carolina" based on the average catc'i per vessel as given in
Exhibit (B), season 1886.
Average catch of seals . ,
Less on board at seizure, and charged in Exhibit (A) . .
Balance at 7 dollars per skin .a a .
Ileasonablo and probable profit on operations for year 1887 . .
"Carolina" not being reica cJ and rot available fo engage in
next yciir's operations, reasonabli and probable profit for
loOO •• •• .. aa .a aa
Totol of Exhibit (D)
No.
2,381
089
Dol.
1,095=11,865 00
Dol. 0.
5,000 00
5,000 00
10,000 00
21,865 00
Exhibit (E). — Estimate of the principal sums on •which interest at 7 per cent, pe:
annum is claimed, and the time for which interest is so claimed.
Value of "Carolina's" estimated catch for 1886 — namely.
2,381 skins, at 7 dollars per skin — from the 1st day of
October, A.n 1886, when the catch would have been
realized on . .
Actual cash outlay for legal and other necessary expenses
incurred by reason of the caid seizure . . . .
Total principal on which interest is claimed from
October, A.D. 1886, to date of payment of
claim
Estimated value of the "Carolina" catch for 1887, less cost
of outfit and wages of crew and hunters, on which interest
at 7 per cent, is claimed from 1st October, a.d. 1887, on
or about which date the catch would bo realized on to
date of payment .a
If the claim for 1887 be not allowed, then interest is claimed
on the value of the " Carolina" from Ist October, 1886,
to date of payment .. .. ..
Dol. c.
16,667 00
500 00
Dol. c.
17,167 00
.. 5,000 00
4,000 00
t
' thirteen sealiu?
most of the said s
ire.
131
Exhibit (F).— Details of items of "Carolina's" outEt consumed during the course of
a full hunting and sealing voyage.
(ins.
Groceries . .
Ammunition
Dry goods . ,
Ship cbandclry
Salt
Coal and wood
Miscellaneous
Wascs of crew
Dol.
c.
598
60
173
34
71
37
076
83
81
00
37
62
42
34
1,832
22
Total value consumed .
3,213 32
Dol. c.
500 00
750 00
250 00
1,500 00
detention of the
ssel as given in
Dol. c.
= 11,865 00
10,000 00
21,865 00
at 7 per cent, per
aimed.
Dol. c.
17,167 00
fi,000 00
4,000 00
Inclosure ii in No. S7.
Declaration of James Douglas Warren.
ity of Ottawa, Province of Ontario, Dominion of Canada.
I, JAMES DOUGLAS WARREN, of the city of Victoria, in the Province of
lish Columbia, of the Dominion of Canada, mariner and sV.ip-owncr, do solemnly
id sincerely declare as follows : —
1. That I am a Eritish subject by birth.
2. That I -was sole owner of the Dritish steam-schooner "Thornton,"^ 78 tons
Lrdeu by builders' mrasuromcnt, registered at the port of Victoria aforesaid, before
id at the time of Lt-r seizure hereinafter set out by the United States' steam-ship
' Corwin,"
3. That the said steam-schooner "Thornton" was rebuilt by me in a.d.1887,* at a
3st of 3,500 dol'ars, and in A.u. 1880 and a.d. 1881 was fitted up with steam
Iropclling power a i an additional cost of 3,000 dollars. Her "bottom and sides of above
';ht water-line T.ere coppered and copper fastened.
'!.. That on or about the ICtli day of May, 18S0, the said steam-schooner
IThoriitou " was rcgulavly cleared at the port of A'ictoria aforesaid for a full season of
^out four months' fishing and hunting in the Korth Pacific Ocean and Bchring's Sea,
id that on or about the 27th day ol" said month of May tlin " Thornton " finally
lih.'d IVom Clayoquot Sound, on the south-west of V;iucouvcr Island, on said fisliing
id hunting voyage.
5. The master of the " Tiiornton " on and fur said voyairi^ was one Hans
ifuttormsen, of the said city of A'ictovia, and thf mato one Harry Norman, of the same
[flacc, and a crew of tliirteen men.
0. That on the 1st day of August, a.u. while in Bchring's Sea in north
.latitude .'Jo" <15' and west longitude 1GS° ll', la,.iul!y, as I verily believe, pursuing
flic objects of said voj\age, the said stcara-schooner '•TJiorrton" was seized by the
Jnitod States' steam-ship " Coi-win," and by the " Corwin ' taken to Ounalaska, in the
luiled States' Territory of Alaska, and her voyage was broken [i.
7. That on arrival at Ounalaska the said " Thornton " Avas, by order of the United
itates' authorities, stripped of her outfit and running gear, the seal-skins i\w on
board taken out, the captain and mate made prisoners ajid sent to Sitka, in ^aid
territory of Alaska, Avherc, after trial, they were fined, tlie captain in the sum of
500 dollars and the mate in the sum of 300 dollars, and each imprisi-uod for thirty
lays.
The remainder of the crew, with only two excepted, were sent by rlie United
States' authorities to the city of San Erancisco by a steamer belonging to (I \laska
commercial Company.
8. That I am informed by Captain Guttormscn that immediately upon arrival at
)unalaska of the " Corwin " with the " Thornton." he (the captain) entered his solemn
protest against the seizure of his vessel and her outfit and the seal-skins then on
board.
9. That on or about the 13th day of July of tlie present year 1 was at
)unalaskr, and saw the said sterm-schooncr " Thornton," and found her in a very bad
jndition. She was lying on her bilge on a gravel beach, partially embedded, and
exposed to all weathers, and was consequently greatly depreciated in value since her
ieizun. Her copper is much chafed, her deck seams arc opened, through which
(rater had leaked upon the steam-boiler, engine, and machinery, all of which are well
'igh ruined. She cannot be brought away from Ounalaska without repaurs involving
,. ., • «y. 1877.
[128] S 2
.Jl.l ■
132
\ \\
> 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 <tf Jiijtish
Cohmibia for the year 18S0, as contained in the Report of the Department of Kishi'rits
for Canada for tliat year at pp. 248 and 249, and from personal knowledge of tlie fuels
therein set out, I verily believe the said statement to be substantially true and correct.
The steam-achooner "Thornton," the schooners "Carolena" and "Onward,'' meaning the
"Onward" herein mentioned, were seized on the 1st and 2nd August, 1880, in Belirinj;'.;
Sea, at the beginning of the best sealing period ; and the schooners " INIary Taylor,"
" A!ountain Chief," "Rustler," and "Kate" were not in Behring's Sea during the season
of 1886, so in estimating the average catch per vessel in Behring's Sea for 1880, tiie
catch of the above-named seven vessels is not included in Exhibit (B) ; all of the
thirteen vessels named in Exhibit (B), with only one or two exceptions, left Bchrinij's
Sea long before the end of the sealing season of 1886, because of the seizures which had
heen made by the United States' steam-ship "Corwin," fearing to remain lest they also
should be seized ; by reason of such departure from the said sea, or the best sealing grouiul^
therein, before the close of the season, I veriiy believe that the catch per vessel, as found
in Exhibit (B), namely, 2,381 seal-skins, is fully 500 less than it would have been had
the said vessels remained the full season in said sea.
1'-. That hereto annexed, marked " (C)," is a statement of the legal expenses incurred
at Sitka and eisewhere by reason of the said seizme of the "Onward," the arrest liiwl
imprisonment of the said master and mate, and the claims arising therefrom, and also of
the personal expenses of the said owner and said agent in the same connection.
13. That the Exhibit (D), hereto annexed, is a statement of the estimated loss iind
damage resulting to the owner of the " Onward " by reason of her seizure and detention
in A.D. 1880, A.I). 1887, and a.d. 1888. The estimated loss for the year 1886 is based
upon the average catch per vessel, as found in Exhibit (B), less the number of skins on
hoard the " Onward " when seized, the balance being valued at 7 dollars per skin, the
price per skin at Victoria iit the close of the'season 1880. The claim for a.d. 1887 ;ind
A.D. 1888 is based upon the same average catch as for a.d. 1886, valued at .")dol. 50 c. ])C!r
skin, which was the market value per skin <it Victoria aforesaid at the close of the season
1887, after deducting therefrom the cost of outfit and wages of crew and hunters for each
year, based on the " Onward's " said voyage of a.d. 1880. The said claim of 5,000 dollais
for each of said years a.d. 1887 and a.d. 1888 is a fair and reasonable estimate of the
earnings of the " Onward " in hunting and fishing for the said years.
14. That E.\hibit (E), hereto annexed, is a statement of the principal sums on which
interest at 7 per cent, per annum is claimed, and the time for which said interest is so
claimed. At the time when the catch of the " Onward " for 1880 would have, in tlie
ordinary course of events, been realized on, namely, on or about the 1st October in said
year, the minimum rate of interest on money for commercial purposes was, has since
continued to be, and now is, 7 per cent, per annum.
15. That hereto annexed, marked "(F)," is a statement of the articles, and the value
thereof, as given in Exhibit (A) of the " Onward's " outfit on said voyage of 1880, including
insurance ])rcmiums and wages, which would necessarily be wholly, or almost wliolly,
consumed in the course of a full season's hunting and fishing, such as contemplated bv the
"Onward" in 1880.
16. That on fhe i3th day of July last past I was at Ounalaska aforesaid, and w.i<
then on board of the said schooner " Onward." She was then lying side-to on a gravel
beach, in the harbour at Ounalaska, partially embedded in the gravel, and generally in a
very bad condition. Her standing rigging was much weather-beaten, also her deck and
side-seams were in a very bad state, t' long exposure and severe frosts of the previous
winter having broken out the pitch, and, judging from their appearance, they were very leaky
From what 1 then saw of the condition of the " Onward," I verily believe that she could
ict prices (It' the
on said voviijc
Onward " when
toriii iilbrpsiiiii at
d," iiad not such
hit (A), nnniciv,
tlic time ol hor
d condition, ;iii(J
;en retitted with
' tliirtccn scaljn.;.
mid slatcnuMit i<
vini'c of Jiiitisli
iCMit of Fisiu'rif,
;(lge of the facts
;rue and correct.
rd,'* nieaninL'- ihc
180, in Belniiii;'s
" Mary Taylor,"
urin^ tlie scuson
.-a for 188U, tlie
(B) ; all of the
ns, left Bi'liriii;''..
iziircs whicli liad
lin lest they also
t sealing grouiul>
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 <l the " ^\ct respecting
E,\tra-judicial Oaths."
(Signed) J. D. WARREN.
Dtckired and atlirmcd before me at the city of Ottawa, m the County of Carleton, in
the Province of Ontario, this Dth (h;y of i\'eember, a.d. \'~'H7. and certified n.iKler my
official seal.
(Signed) D. O'CoNNOlt, Xolarii PttUicfor Ontario.
inclosure 4 in No. i)0.
The Marqid.s of Lamdowne to Sir II. Holland.
i
?fn
Sir, Govemmpnt Home, Otlaint, Jaiiiniri/ '>, 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, marl<ed " (D)," is a statement of the amounts claimed by the
owner of the steniu-schooner " Grace " by reason of her seizure and detention during the
season of 1887, and of the loss arising from the detention of the said "Grace" after the
close of said season.
17. The estimated catch by the " Grace" for the season of 1887, namely, 4,200 seal-
skins, is based upon a reasonable and probable catch per boat or canoe for that season,
Exeprience in sealing has proved that the greater number of boats or canoes, or both,
carried by any one sealing-vessel, the smaller the average per canoe or boat, and it is in
view of this that the average per canoe for the " Grace " is put at 300 per canoe, wliile the
average for the steam-schooner •' Anna Beck " for the same season is placed at 350, the
latter carrying eight canoes and one boat, while the former carried twelve canoes and two
boats. The said average catch of 300 seal-skins per canoe and boat for the " Grace " is a
fiur average catch, and I verily believe that, had the " Grace " not been seized as aforesiiid,
her catch for the season of 1887 would have exceeded the said number of 4,200 seal-skins,
18. That during the montiis of October, November, and December, a.k. 1887, and
January, a.d. 1888, had the "Grace" been in possession of her owner, she would have
been engaged in the coasting trade between the various ports of British Columbia. The
estimated loss per month of 500 dollars for each of said months is a fair and reasonable
estimate of the earnings of the said steam-schoonsr " Grace " for the said months of
October, November, December, and January, after deducting the cost of wages and
ordinary running expenses, and I verily believe that the " Grace " would have earned the
aaid sum per month had she been in her owner's possession.
19. That in order to engage in the hunting and fishing of next year, namely,
A.D. 1888, and in view of the fact that the " Grace " will require the usual overhauling
and fitting out before being sent on so long a voyage, the latest date at which it will be
possible to begin necessary repairs and relitting, and have them completed in order to
leave at or about the usual date on said hunting and tisbing voyage, will be on or about
the 1st day of February, a.d. 1888. If the "Grace "be not delivered to the owners at
Victoria on or before that date, it will be too late to repair and refit her for a full season
hunting and fishing voya^^e, which begins on or about the 1st March of each year.
During the summer months, for a vessel of the class and equipment of the " Grace,"
there is very little to do in and about the coasting trade, and the reason in the event of
the " Grace " not being in the possession of her owner on or before the 1st February,
A.D. 1888, would be practically lost to her owner. The claim for loss if detained beyond
the 1st February aforesaid is a fair and reasonable estimate of the loss which will in such
cases be sustained by the owner of the *' Grace."
20. That hereto annexed, marked " (E)," is an estimate of the principal sums on which
interest at 7 per cent, per annum is claimed, and tiie time for which it is so claimed. On
the Ist day of October, a.d. 1887, when the catch of the " Grace " would have been,
In the ordinary course of events, realized on, the minimum rate of interest on money for
commercial purposes at the said citv of Victoria was, has since continued to be, and now
is, 7 per cent, per annum.
21. That hereto annexed, maiKed "(F)," is a statement of the articles, and groups of
articles, and the value thereof, from Exhibit (A), which would have been wholly, or almost
wholly, consumed in the course and prosecution of the said voyage, had not the " Grace "
been seized and detained as aforesaid.
And 1, James Douglas Warren aforesaid, make this solemn declaration, conscientiously
believing the same to be true, and by virtue ot 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,
in the 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.
uses connected
Exhibit (A).
Vuluo of the Btoain-9chouni.'r " Qnice " ut the tiino uf her seizure . ■
Outfit—
Orocories . . . . . . . . . . • .
Ammunition . . . . . . . .
Dry gooils ,. .. .. .. .. ..
Three ii on wiiter-tauks .. ., .. ..
Watcr-ensks, . . . . . . .
Ship chandlery . . . .
TwL'lvc No. lOshot guns .. ,.
Thrie rifles . .
One snmll cannon on curriii^c I'jr isi^iiaUiug
Gun iniploments and tods
Two senUng hoiits and outflls ,.
Twelve cnnoes and outfits . . . . . . . ,
8^ Urns of salt
.'13 tiiiLS uf coal . . , . . . , ,
Cooking range and utensils
Insurance —
Premium on 2,000/. insurance on hull
„ „ ,. otitlit find cargo . ,
Wages paid crew and liuntcrs on voyage up to time of seiiuro . .
[•'ares from Silka to Vintoiia of muster and five of the crew, and
master's expenses at Sitka . . , ,
781 scal-sUius on board the "(jraee" when seized, at 5 do). .50 c.
per .skin , , . , , . , . , .
Total, Exhibit (A)
(Signed)
. (Signed)
D. O'CoNNOE, Notary Public.
Dol. 0.
Dol. c.
12,000 00
048 IS
166 «3
876 17
66 00
,
25 00
161 18
480 ()0
77 00
.50 0(1
10 60
^■l!t 67
684 00
127 50
aai 00
100 00
3,633 18
821 40
514 59
1,335 99
2,164 26
200 00
4,295 50
23,648 92
J.
D. WARREN
Exhibit (C).
Legal expenses at Sitka in connection with the seizure of the " Grace" and
arrest (if master ,, ,, ,, ., ,. ,,
C'oiin-^i 1 and otiier legal fees and espenses in and about tlic seizure of the
■■ Ciraee," and other claims arising thereunder
Personal expenses in the same connection , .
Total
(Signed)
(Signed)
D. O'Connor, Notary Public.
Dol. c.
100 00
750 00
1250 00
1,100 00
J. D. WARREN.
Exiiil)it, (D). — Estimated Loss and Damage to the Owner ol the "Grace," by reason of
her Seizure and Detention, during a.jj. 1887.
Dol. c.
KeaMiiiable and probable c.iteh of seals for the season of 1687 .. 4,200
Less niiinbor on board whoa seized, and charged in l-Ixhibit (A) . 781
Balonce at 5 dol, 50 c. per skin . .
Kettsonable earnings of "Grace' during months of October,
Novend)er, and December 1887, and January 1888, had
she been in owner's possession, viz., four months at 500
dollars each .. .. .. .. .,
I'lsiimated loss for scaling season of 1888, if "Grace" not in
possession of owner ou or before Ist February, 1888 . .
Total ..
3,419 = 18,804 50
2,000 00
7,000 00
(Signed)
(Signed)
D. O'CoNNOK, Notary Ptiblic.
27,804 50
J. D. WARREN.
T^
Exhibit (E). — Estimate of the principal suii.s on which Interest at 7 per cent, per annum
is claimed, and the Time (or which such Interest is so chiimed.
Vnlue of the "Grace's" estimated ralch of seals for 1887, from the Ist
October, A.n. 1887, on or before which lintc tlie said catch wouW have
been realized on, viz., 4,'20O skins at .1 dul. 60 c. per skin . ,
l.'iisli expended for legal and other expenses on account of such seizure np
to said date . • • • • • • • • • • •
Total principal on which interest is claimed at 7 ]ier cent, per
annum from Ist October to dtite ot payment . .
Dol. c.
ail, 1 00 00
;iO() 00
(Si^ed)
(Signed)
D. O'CoNNnn, Notary Puhlic.
jii.ioo no
.J. D. WARREN.
Exhibit (F). — Valuk of the Articles of the "Grace's" Outfit which would have been
wholly, or almost wholly consumed, on a full hunting and tishing voyage.
Groceries . .
Aminnnition
l)rv <;ood8
Ship cliandlery , .
Salt . .
Coal , .
Wnires , , . .
Iiisiininec premiums
Total vnlue consumed
(Signed)
D. O'Connor, Notary Public.
Dol. e.
948 13
Ifill 63
276 17
101 18
127 SO
2.11 00
.. 2,1 r>4 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 Alasl<a. We so appeared on the 22iid day
ol August for trial, and from day to day thereafter, for our trial on said charge. We so
i.|)|)eared thereafter for trial day after day until the 9th day of September followin;?, when,
without any trial on said charge ur any other charge whatever, we were unconditionally
released. From oiu" arrival at Sitka on tiic 31st .July until the 16th day of August
following, when we were taken before the Judge, no effort was made to restrain us or in
any way deprive us of liberty. The crew of the " Dolphin " lived on board her all the
time of their stay at Sitka, and when leaving to return to Victoria by the United States'
stoam-ship " Richard Rush " took from the " Dolphin " sufficient provisions and supplies
for the trip.
12. That hereto annexed, marked " (A)," is a statement of the value of the steam-
schooner " Dolphin " at the time of her said seizure ; also of the articles, and groups of
articles, comprising her outfit on and for said voyage, all of which, excepting only what
had been consunu^l in the prosecution of the voyage, were on board at seizure, as well as
considerable extra supplies and stores not mentioned in Exhibit (A) ; also of the amount
of |)rei!iiunis paid for insurance on the hull, cargo, and outfit of the "Dolphin" for and
during said voyage; also of the amount of wages paid to the crew and hunters of the
"Dolphin " on said voyage up to the time of her seizure, and of the expenses of the master
and mate in returning to Victoria from Sitk , ; md also of the number and value of the
spal-skins taken from the " Dolphin " when seized.
13. The value placed on the said steam-schooner " Dolphin" in Exhibit (A), namely,
12,000 dollars, is based upon her original cost, the condition which she was in when
seized, and the \alue of vessels of her class and equipment at Victoria aforesaid. The
first cost of the " Dolphin " was over 1 6,000 dollars. At the time of her seizure she was
in first-class order and condition, having been specially repaired and refitted for the
voyage she then was on. Her insurance value for 1887 was 12,500 dollars, and she was
insured on and during said voyage for 2,000/. The said value, namely, 12,000 dollars, is
a fair and reasonable value for the " Dolphin" when seized.
14. The prices charged for the articles, and groups of articles, in Exhibit (A), com-
prising the outfi* of the " Dolphin," are the actual cost prices of the said articles, and groups
of articles, at the time of their purchase at Victoria for the purposes of said voyage. The
price per skin chaiged in Exhibit (A) for the seal-skins on board the " Dolphin " when
seized, namely, 5 dol. !iO c. per skin, was the market price at Victoria aforesaid at the
close of the sealing season of 1887, and at which time the said seal-skins would have, had
not such seizure taken place, been put upon the Victoria market.
15. That hereto annexed, marked " (C)," is a statement of the legal expenses incurred
at Sitka and elsewhere, and also of personal expenses arising out of the seizure of the
" Dolphin," the arrest of the master and mate, and the claims relating thereto.
If). That Exhibit (D), hereto annexed, is a statement of the estimated loss and
damage to the owner of the " Dolphin " by reason of her seizure and detention during
A.D. 1887. The loss .*l)r 1887 is based upon a catch of 4,500 seals at the current price
per seal-skin at Victoria at the close of the season of 1887. The "Dolphin," on her
voyage, carried thirteen canoes and two sealing-boats, and a crew of thirty-one sailors and
hunters. The estimated catch of 4,.'J0O seals by the "Dolphin" for said season is
calculated on an average catch of 300 seals per boat and canoe for a full season ; and I
verily belie\'e that said average catch per boat and per canoe for said season is a fair and
reaso.iahic estimate for a full season's work. During the time the "Dolphin" was in
Hohriiig's Sea, before capture, the weather was very unfavourable for seal-hunting, being
both foggy and windy, and the catch for that period is no standard by which to judge of
the ordinary and average catch of the season. There are frequently, all through the
season, days at a time when no seals at all are taken, and, on the contrary, I have known
a single boat to take from thirty to fifty seals ])er day in fine weather.
17. After the close of the sealing season, and during the succeeding months of
October, November, December, and .January, had the "Dolphin" been in her owner's
posspssiun, she would have been engaged in the coasting trade between the various ports
and freighting places on the coasts of British Columbia. During said months the fair and
reasonable earnings of the " Dolphin," after deducting; from the gross amount thereof the
cost of wages and running expenses, would be at least 500 dollars per month.
18. The estimated loss for the season ui 1888 is based upon the said average catch of
4,500 seal-skins at the rate of 6^ dollars per skin, after deducting therefrom the cost of
outfit, wages, and other necessary expenses of a hunting and fishing voyage based on the
" Dolphin's " voyage of a.b. 1887. In order to fit up the " Dolphin " for such voyage ia
1 888, it is necessary that she be in her owner's possession on or before the 1st day of
February of that year. If not at V'ietoria aforesaid about that (late, it will be impossible
;!'!^f»
1 I
*
m
urn
to i)iit her in order and condition lo leave oi» ►iwsh a voyage at tiie usual time, namely,
about the ist .March. Durinfr tiie summer rnont}»« there is little or no coastinc; trade for
a vessel of the class and equipment ot'ti>e " 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-tiink<i
• • « .
28 00
Wiilor-c.i-ks
■ ■ ■ •
S6 00
Ship (.'htindolry
• •
2titf ua
Th fiiiy-thrce tiliot j^uns
• • . •
WO W
Four liflf* .
• • • •
90 09
One 1) iiiib-gun fni- •.igimlliii;^
• • ■ •
60 0*
Gun iniploiiR'iits niid tools
,,
10 m
'I'liiitofn ciiMoi's mill outfit
..
741 M
Oui' t>eoiiiul-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<l wliilf enirafed in
the lawful business of the said voyage, the schooner "Ada" was seized and takin
possession of by the United States' r(.'vcnuc'-cu(ter " liear." The olHccis of the siiid
cutter placed a crew on board of the said schooner, and towed her to Ounalaska.
3. At Ounalaska our eargo of seal-skins was taken out of tl e said schooner against
the protest of the captain, and before our bavinu; a bearing before any legal Tribunal. 1
was then forced to go on the seized schooner, in charge of a L'nited States' Deputy.
Marshal, to Sitka, for trial, arriving at Sitka on tlic 5tb day of September, 1M87.
4. Upon arrival at Sitka the schooner was handed over to the United States' Marshal,
and I was kept on board the vessel until the lilth day of the same month, when 1 was
released.
.5. I was without means or provisions, and nothing was done towards enabling me to
return to my home un'il the 25lh September, 1887, when 1 was sent on board the United
States' revenue-cutter " Rush," and taken to Victoria, whcie I arrived on the -1th dav of
October, 1887.
6. For my damages, by reason of my illegal arrest and detention as aforesaid, I claim
the sum of 2,000 dollars.
And I make this solemn declaration, conscicntiouslv believing the same to be true, and
by virtue of " The Oaths Ordinance, 18(i9."
(^Signcd) C. A. LUNDBKRG.
Declared at Victoria, Biitish Columbia, this 9tli day of November, a.d. 1887,
before me,
(Signed) Thornton Fell, !\'ot(iry Public,
Vivtoriu, British Cnluiubin.
No. 93.
I I'll
1l
r
SN
III
i 'i
i
Mr. Phelps to tlie Mtmjuis of Salisbury. — (Reccired February 18.)
My Lord, Legation of the United States, London, February 17, 188r^.
1 HAVE the honour to inclose a printed copy of an important note relative to the
Alaska seal fisheries which » have just received from my Government. It has reference
to the proposal for some Intcniational Regulations at those tisberies vvliich I had the
honour to submit in general tern)s to your Lordship in a personal interview on the
17th November last, and which I then promised to ask my Government to state more
precisely.
As the matter is one that, as it apj)ears to the United States' Government, should be
dealt with inunediately, ana iii which I presume both Governmeuts will readily concur, I
shall be glad of the honour of an interview with your Lordship at as early a day next week
as maybe convenient and agnealile to you, when the proposed reslriclions and the method
of carrying them into effect can be considered.
1 have, &c.
(Signed) li. J. PHELPS.
IncloBure I in No. 93.
Mr. Bayard to Mr. Phelps.
Sir, Department of State, Washington, February 7, 1888.
1 HAVL received your despafcb of the 12tl) November lust, containing an account of
your interview with Lord Salisbury of the preceding day, in which his Lordship expressed
acquiesceuce in my proposal of an agreement between the United States and Great Britain
ily and sincerely
iiritisli schooner
J. PHELPS.
m
in regard to the adoption of concurrent regulations for the preservation of fur seals in
Bohrin;;'8 Sea from extermination by destruction at improper seasons and by improper
methods by the citizens of either country.
In response to iiis Lordsliip's suggestion that this (lovernment submit a sketch of a
system of regulations for the purpose indicated, it may be expedient, before making a
definite pro])osition, to describe some of the conditions of seal life. And for this purpose
it is believed that n concise statement as to that part of the life of the seal which is spent
in Beliring's Sea will be sufficient.
All those who have made a study of the seals in Rohring's Sea are agreed that, on an
iivcrage, fioni live to six months — that is to say, from the middle or towards the end of
sjiring till the middle or end of October — are spent by them in those waters in breeding
nnd in rearing their young. Durina; (his time they have their rookeries on the Islands of
Si. Paul anu St. George, which constitute the Pribyloff group and belong to the United
States, and on the Co"-.;iiander Islands, which belong to Russia. But the number of
animals n sorting to the latter group is small in comparison with that resorting to the
former. The rest of the year they are supposed to spend in the open sea south of the
Aleutian Islands,
Their migration northward, which has been stated as taking place during the spring
and till the middle of .Inne, is made through the numerous passes in the long chain of the
Aleutian Islands; above which the courses of their travel converge chiefly to the Pribyloff"
yroup. During this migration the female seals arc so advanced in pregnancy that they
ircneially ^ive birth to their young, which are commonly called pups, within two weeks
after reaching the rookeries. Between the time of the birth of the pups and of the emigra-
tion of iho seals from the islands in the autumn the females are occupied in suckling their
yonnu ; and by far the larnfest part of the seals found at a distance from the islands in
iJihrinij's Sea during the summer and early autumn are females in search of food, which is
made doubly necessary to enable them to suckle their young as well as to su|)|)ort a con-
dition ol renewed pregnancy, which begins in a week or a little more after their delivery.
The male seals, or bulls, as they are connnonly called, require little food while on the
islands, whc re they remain uuardinir their harems, watching the rookeries, and sustaining
oxistenre on the large amount of blubber which they have secreted beneath their skins and
which is gradually absorbed during the five or six succeeding months.
Moreover it is impossible to distinguish the male from the female seals in the water,
or pregnant temalcs from those that are not so. When the animals are killed in the water
with firearms many sink at once and are never recovered, and some authorities state that
not more than one out of three of those so slaughtered is ever secured. This may, how-
ever, be an over-estimate of th^ nuniber lost.
It is thus ajiparent that to permit the destruction of the seals by the use of firearms,
nets, or other mischievous means in Behring'sSea would result in the speedy extermination
of tlie race. Iheic appears to be no difference of opinion on this subject among experts.
And the (act is so clearly and forcibly stated in the Report of the Inspector of Fisheries
for British Columbia of the iUst of December, 1886, that I will quote therefrom the
lollowing pertinent passage: —
"There were killed this year, so far, from 40,000 to .50,000 fur seals which have been
tiiken by schooners from San Francisco and Victoria. The greater number were killed in
Behring's Sea, and were nearly all cows or female seals. This enormous catch, with the
increase which will take place when the vessels fitting up every year are ready, will, I am
alraid, soon deplete our fur seal fishery, and it is a great pity that such a valuable industry
could not in some way be protected."
t Kei>(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
</.
or
a
Year.
Piibylotf Islar
ii
North-west C
of America.
c
■3
1
Cape Horn.
4
e
i
1
w
1871
63,000
3,011
C-j
1H72
90,000
29,319
1
i "i
1873
90,030
30,300
3
2 »-
1874
9a,820
31,272
.S r:
1,085
£ =
7,951
0.303
1875
90,500
36,274
X .2
100
1° - ?;
2,243
8,(12;^
1876
99,000
26,060
J, «
173
2^1
6,()18
11.225
1877
85,000
■21,532
1,386
"2 u
22,5.50
11,065
1878
95,000
3 1, .140
1°"
2,366
S a
11,931
13,086
1870
69,068
42,752
18,")00
■3 =
4,038
H
fi,900
15,128
1880
09,950
48.504
10,150
i
2,427
9,275
10,900
7.731
1881
85,000
42.640
1
620
6,610
8,887
8,280
1882
99,800
46,000
17,700»
<
50
8,090
15,0(17
11,497
1883
78,000
25,000
11,943
8
13,950
7,02(1
18H4
90,500
38,000
l.VHl*
681
= i.
10,722
3,924
1885
99,600
42,000
15,000*
B|-s
11.223
4,-")7
1886
98,000
45,000
38,007*
3,605
68
X 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 pr<!SL'iit century tliere were great roolveries of fur seal at
Falkland Islands, at the South Shetlunds, at MuNafuera, at South (ic<>r<;ia, and at ni<n!\
other places throughout tiie Antarctic region. TiiCHe places were visiteil by sealinjj-vessels,
and indiscriminate slaughtiir of the animals resulted in the cxtcriiiiiiatiou of the species, or
in such diminution in their numbers that the fishery became uiiprotitahk'.
The dttails of the Antarctic fishery are given in Section ;'), vol. ii, of the (piarto
Report of the United States' Fish Couunission, |)p. 4()0-4()7 ; in Utport by 11. W. Elliott
on "Seal Islands of Alaska," 0, |)p. 117-124 (reprinted in vol. viii, 10th Census Reports);
in "Monograph of North American Pinnipeds, by J. A. Allen (.Misc. I'ub., .\ii, Unittd
States' Geological Survey) ; in " Fanning's \oyages Kound the World " (New York, I KVA) ;
in "Narrative of Voyages and Travels in Northern and Southern Hemisplures," by Amasa
Delano (Boston, iS17) ; and in numerous other works, to which reference will be found in
the above volumes.
A few men are still living who participated in the Antarctic seal fisheries year? ago.
Tlieir stories of the former abundance of fur seals I have obtained in personal interviews.
As to the manner of destruction there is but one thing to say : an indiscriminate shi'.ghtcr
of old and young, male and female, in a few years results in the breaking up of the largest
rookeries, and, as in the case of Nlasafuera and the Falkland Islands, the injury seems to
be a permanent one. As an instance, the South Shetlands were first visited in 1810, when
fur seals were very abundant ; two vessels in a short time securing full fares. In 1H20
thirty vessels hastened to the islands, and in a few weeks obtained upwards of 2o0,000 skins,
while thousands of seals were killed and lost. In 1821-22 \\'eddcll* says : " 320,000 skins
were taken The system of extermination was practised, for when-
ever a seal reached the beach, of whatever denomination, he was immediately killed and
his skin taken ; and by this means, at the end of the second year, the animals became
nearly extinct. The young, having lust their mothers when only three or Tour days old,
of course died, which, at the lowest calculation, exceeded 100,000." In subse(iuunt years,
until 1845, these islands were occasionally visited by vessels in seuvth of seal-skins, but
never after 1822 were many aniaials found there. About 1845 the Antarctic fur-sealinj,'
was abandoned. In 1871 the industry was renewed, and a few vessels secured some
valuable furs from the South Shetlands, but in a few years voyages there became
unprofitable. (See sec. 5, vol. ii. United States' Fish Conunission Report, pp. -10-'-458.)
The same story may be told of Masafuera, from whieli island about 3,500,0U0 fur
seal-skins were taken between the years 1793 and 1607. (See sec. 5, as above, p. 407.)
Captain Morrell states that in 1807 " tlie business was scarcely worth follovjng at
Masafuera, and in 1824 the island, like its neighbour Juan Fernandez, was almost entirely
abandoned by these animals." (Morrell's Voyage: New York, 1832, p. 1.30.) Scarcely
any seals have since been found at Masafuera. Delano states that in 1 7ii7 there were two
or three million fur seals on that island. Elliott, in his Re|)ort already cited, gives
accounts of earlier voyages to Masafuera, &c. I have consulted log-books and journals of
several voyages, all agreeing in the former abundance, and the extermination of the fur
seal on Masafuera as well ns on other Antarctic or southern islands.
At the Falkland Islands both fur seals and sea-lions abounded, hut there, too, they
were destroyed.
The sealing business at South Georgia was most prosperous in 1800, during which
season sixteen American and English vessels took 1 12,000 fur seal-skins. Though nut as
important a rookery as some of the other islands, considerable numbers of fur seals have
been taken from South Georgia. Since 1870 some gooJ cargoes of elephant seal oil have
been taken there.
Fur seals were abundant at the Tristan d'Acunha Islands at the beginning of the
century, and because of the almost inaccessible caves and rocks to which they resort a few
have survived — or, at least, as late as 1873 a few were annually taken there.
On the west coast of Africa, from the Cape of Good Hope to the 16th degree of south
latitude, there was until 1870 a considerable number of fur seals of an inferior qualitj-, but
they are now practically exhau8*;cd, the few skins marketed as coming from there being
taken on various hauling grounds on islets farther south and east. (See sec. 5, vol. ii,
United States' Fish Commission Report, p. 415.)
The Prince Edward group, Crozet Islands, Kerguelen Land, and other smaller islands
in the Southern Indian and Southern Pacific Oceans, were important seal fisheries brth for
* " Weddell'i Voyages," p. 1!)0, quoted in Section V, vol. ii, quarto Report of United State*' Fish ComiuissioD,
p. 407.
177
jinning of the
!y resort a few
Fiih CominttsioD,
the fur and elephant seal. At none of them in any number of seals found to-day. Tlio
English exploring ship " Challenger" visited Kcrguelen l^nd in 187.3-76, and reports: —
" Two of the whaling schooners met with o*; the island killed over seventy fur seals
in one dny, nnd upwards of twenty nt another, at some small islands off Mowe Islands to
the north. It is a pity tiiat some discretion is not exercised in killing the animals, as is
done at St. Paid Island, in Ik-hring's Sea, in t\w case of the northern fur sea!. By killing
the young males and selecting certain animals only for killing, the uumbcr of seals even
may be increased ; the sealers in Kergnelen Island kill all they can f ud." (Sec " Report
of the Scientific Results of the Exploring Voyage of Her Majesty 's ship ' Challenger,'
lS7'l-70. Narrative of the Cruise. Vol. i, in two parts. 4to. Published by order of
Her Majesty's Government, 1H8.").")
In these volumes will he fbiimi similar references to other seal islands visited by the
' riiallrnger." In referring to Marion Island the Report says: —
" The ruthless manner in which fur and elephant sials were destroyed by the sealing
parties in the early jiart of this century lias had the ellect of almost exterminating the
colony that used these desolate islands for hreedinu; purposes." (Vol. i, p. 2\)i.)
To recapitulate : concertiing seal rookeries south of the etpiator, 1 may say that there
is no single place where any number are now known to resort except on the Lohos
Islands, off Peru, nnd at the mouth of the Rio de la Plata, and on the neighbouring
hauling grounds at the cliH's of Caho Conienfes. Hero they arc. and have long been,
protected by the Argentine Republic or Ui'uguay, and the rookery appears to remain
about the same si/e, with little apparent increase or decrease in the number of animals, as
may he seen by statistics of the catch in the Tahk above given.
The small rookeries or hauling grounds at Diego Ra!i;irez Islands, C'a|)e Horn, and the
rocky islets in that vicinity, from 1870 to ISS.i or 1^84 yielded some return to the hardy
scalers of Stoningtnn and New London, Connecticut, trom which ports a half-dozen
vessels have been annually sent. Even this last resort of American sealers is practically
exhausted, and only bv much search is a profitable voya'.;e made there. Dr. Coppinger,
who was at Cape' Horn in l87.S-*i-_' ("Cruise of the 'Alert,'" by R. W. Coppinger:
London, lbS.1), tells of the difficulties of sealing at Cape Horn, and of the profits made
when even a few skins arc secured. In 1880 C'.iijlaiu Temple "came through tlie western
channels of Patagonia, having entered fiie straits at Tres Montcs;" and on the Cavadonga
group of barren rocks he .says he found some tiiousands of seals.
Had the great southern I'ookeries b(.'e;i protected by Governnieiit, it is altogether
j)r()bable, according to all autlioritics, ihat they would to-day yielil many thousands of
skins, in some eases equal to the vahial)Ie returns of the Prii>yl()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
:iH<i
„ 23
M'Jl
.. .. J
Kh
r" „ 21
1..V.H
Sept. 2
1.5U7
1
II, '.Id'.!
d to Oct
obcr f),
,969
,242
1,211
•II
I
179
Inrlomin* .'1 in No. M. " i"*'
Mr. Elliott to Mr. lUiynnl.
.'•V.t-'if'n
Sir, Smitlisnniint Inslilutinn, Wanhinijlon, D.C. i)freiiilifr '.\ 18H7. "
l)UH!\(; llic convMc of my txtcndrd sliidic-^ of lli'' liir-st-al (»ii its lirciMljin,' and
liiidin;; i^roiiiids in lUdirin^'s Sen, I wim led natiiraliy iitlo a very carcrul cxainination
(if tlio MiJijrrt of its |irolt'ctiiiii and iirrpctiiatioii. 'riiis iiivcsti'^ation taiisod uw to
eivc iiuieli attiiition llu'ii (o the ctlirt wliirli |icia'^ic scaling would liave u[)on tlic
wcll-liciiii; and the consi-i'vatioii of thcHc nnotnaloiis nnd vahialilc interests of our
(idvernnu nt as we view l|iei?i upon tlie I'rihyloU ifroii|i.
VVIieii |ire|)ariiii:. in )^<H|, h timd arninueiiieiit of my field notes and meinorando
for pniiiieation in my .Monoirrapli nl tlieSenI Islands of Alaska (lOtli ('ensiis U.S. A.), tlie
lute IVol'essor hiiird sn'.:i;esled that I omit the diseiission of this tiunic of peiafrie sealing,
(iceanso it miiilit x-rve to invite an attack wliieii otiicnvise would never lie made upon
these presei'\es of nur (iovernment,
'I'liis attack, however, has recently liren made, and the tiiou<»lit occurs to me now
that a lirief eiiitiinie of my stu \ of the cllcct which this plan of scalinij will have upon the
integrity nnd value of Mir Inr-hearini; interests in Ikhiinu's Sea- tliat such a hrief,
yel aceurate, statement will he of service to you. 1 thcreloic venture to present the
loIlo\viii>r 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)ndcif<il
tl on till' Seal
lelinifc tiiiu' to
uhjfcts for the
rred out from
I closed to any
iiDcnt in thus
No intclliiient
■i instance ; he
ction demands
of preservation
ELLiorr.
ry 10, 1888.
0111 the " New
Li: WEST.
on the way to
aints of that
s in Bchrin|;'s
Thornton," all
evenue-cutter,
jy the United
" San Diego,"
o condemned.
l^s against the
nd condemned
the '« Grace,"
e seized, also
>ie 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'
<U's Ktats-lnis
jues dans hi n\or
do Sa Majostc
j)our*\)r6servCT
Ten informer li'
itriietions lUTt's-
anx: iiL«gociation>
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 <it n notiii' ot' a (nicitiou to In- asked in tlic House of Coimnons on
Monday next by Mr. (jotu'ley, rcspcctint; the alleged clearing for Bchrinu's Sea ot
Canadi.m sealint;; schooners with armed Indian crews liir tiie pur|'.ose of \vni;ini; war u])on
Atneiican Revenue cutttrs, sliould llieir eonunaiul' rs attempt to molest them.
The (juestion also asl;s what measures Her .Majesty's (jovernmeut intend adopting for
the purpose of arriving at an amicable solution ol the Alaskan Fishciies disputes.
Lord Knetslord has telegraphed to the Covcrnor-tjlencral of Canada to incpiirc into
tiie truth of tie report referred to iu the question, hut he would be alad if ti.e Marc|uis ot
f-'alishury would inform \\\m of the answer wliieh should be nturned to that part of tlic
question which relates to t!ie measures to he adojjted for a, settlement ol' tiie Alaskan
J'ishcries dispute.
Lord Knutsford would also be glad to receive Lord Salisbury '■; opinion as to whetlRr
it wouki be legally justifiable, and, il so, ailvisahle, to desire tlio conuninidcrs of Ihr
Majesty's ships to disarr.i any Jirilish sealing sui _ouers sailing with such intention us is
alleged in the report.
I am, ice.
(Signed) IL IL ME ADM.
Inelosure in 2^o. 103.
Quest inn to he asked in the House of Commons, March '26, ISSS.
Mr. Gourlrji, — To ask the Under-Secretary of State for the Colonies whctlier it is correct,
as reported by cable from Victoria, British Cobunbia, that a number of Ganudian
sealing schooners have been ])eruiitted to clear for ndiiing's Sea with the intention
of i>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 '<i*
t ■
Sir, Downing Street, April 10, 1888.
I AM directed by Lord Knutsford to tranHinit to you, to be laid before the Mar(|uis
of Salisbury, an extract of a dcspatcb from the Governor-General of Canada respecting the
question of bonding tbe Britisb Healing-vessels captured by the United States' cruizers in
Behring's Sea during last season, and again urging the desirability of obtaining from
the Government of the United States a distinct intimation uf its intentions with regard
to tlie approaching season.
[ am, &c.
(Signed) .JOHN BRAMSTON.
IncloBure in No. 1 14.
ll:i
The Marquis of Lansdowne to Lord Knutsford.
(Extract.) Oovernment House, Ottawa, March 21, 1888.
I AM given to understand by my Minister of Marine and Fisheries that permis-
sion has actually been given to the owners of the British vessels to bond them pending
appeal, provided that the sureties are citizens of the United States and resident therein.
He has, however, learnt that the British Columbian owners who are coucerned in tbis
matter are not willing to bond their vessels if they are thereby bound to carry an appeal
to the United States' Courts, and if, by not proccedmg with the appeal, they would
thereby forfeit their bonds.
It has, moreover, been suggested that, by giving bonds pending an appeal to the
Supremo Court of the United States, the owners might thereby place the matter outside
the scope of any diplomatic negotiations which may take place upon this subject, a result
which they would naturally be desirous of avoiding.
They have now inquired whether it would be possible for them to bond their
vessels, &c., pending, not an appeal to the Supreme Court, but the diplomatic settlement
of the question which has arisen in connection with the seal fishery in these waters.
I shall be glad if Her Majesty's Government will invite the attention of that of
the United States to this request, which should be attended to as soon as possible.
From information which I have received, there is reason to believe that the
seal-skins on board of these vessels will be sold at Sitka on the 19th April.
In connection with tbe subject of this despatch, I venture again to call your
attention to the inquiry made in my telegram of the -^Ist March, 1887, in regard to the
action likely to be taken during the present year by cruizers of the United States in
Behring's Sea against sealers frequenting these waters. The uncertainty as to this has
had a very prejudicial eifect upon the fishing interests of British Columbia, and I would
urge that, both in order to avoid this inconvenience, and also in order to obriate the
risk of further friction between the two Governments, an explicit statement of its
intentions should be obtained from that of the United States with as little delay as
possible. It is, I think, obvious that an international arrangement whereby a close time
would be established for fur-seals within certain limits is not likely to be arrived at in
time to provide for the requirements of the fishing season of this year.
I have communicated a copy of this despatch to Sir Lionel West. - / • ..-,
,1- ■ ■ :Mi\
.■y/j .rn,
-! , ■■>•.. 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,
<l':i^
.'..I'
'1
102
i
i ))
im
whicli nrrivod here on tlic 3rd instant. Tliis vessel is owned by Captain Solomon Jacol.s, of
Glouecster, who has taken command of her, and mIic sails to-day on a scaling expedition
from oti' the mouth of the Columbia, following the herd north. SeaU are reported ns
bein^f unusually numerous this season and nre in niyriads. California steamers report
runnin;;: through one herd which extended 100 miles, and the seals appeared to be as
thick ns they could swim. After the sealing season is over the schooner will engage in
the hiilibut niul cod fishery nnd send their catch in ice to the Eastern markets.
Another of Captain Jacobs' schooners, tlie " Wibster," will be here in April, nnd
several others will be here this season. Next year between fifty and sixty vessels nre
expected, nnd they will be followed by others, nnd witiiin two years a colony of several
hundred of these fishermen will be here to develop the wealth now dormant and hidden
in our waters.
Since 1 returned from (Jueen Charlotte's Islnnd, in 18S.'^, I have persistently urged
on Piofcs.sor Hnird the necessity of sending one of the United Stutes' Fish Commission
steamers to the Pacific to develop our fisheries, and shortly before Professor Bnird's
lamented denth he wrote me that the " Albatross " would be sent to our waters, ond she
is now on her way out.
Tluse (iloucester fishermen will vender valuable assistance to Captain Tanner. It
is to tlie fislieinien of Gloucester, Cape Cod, nnd the const of Maine that the United
States' Fish Commission is largely indebted for much of the valuable information
respect iuf;' the Atlantic fisheries, which has been published by that ndmirnblc Bureau of
the Smitlisoninn Institution.
Ilithorlo no i)rolL'i.'tion has been given our Pacitie fishermen by our Government.
The Treaty of is 18 dcrs not nllude to the Pncific const, nor does the present Treaty, so
fnr as 1 am informed, make any provision for or allusion to the fisheries of the North
I'acilic. British Columbia is, ns it were, sandwiched between Washington and Alaska;
our interosls are identical, and at present the most harmonious and kindly feeling exists
between tlie penple of British Columbia and ourselves. Every steamer for Alaska which
takes thf inside iiassage passes through the waters of British Colninbia, affording a means
of (lelij;litfiil recreation to thousands of tourists. This kindly feeling should be encouraged,
and ]>articularly in reference to our fishermen who wish to fish the waters of the coast
from the Columbia to Alaska.
But these New EnglnntI fishermen nsk more than to fish along the coast; they wish
to explore the waters of Behring's Sea and the Arctic Ocean, and to be permitted to take
any of the products of the ocean in American waters without the annoyance they have
been subjected to for so many years on the Canadian coasts of the Atlantic.
Ever since the lease of the Pribylov Islands to the Alaska Commercial Company,
that powerful monopoly has jiersistently deceived the Congress of the United States and
the American people by arrogantly asserting that all the fin seals of the North Pacific
Ocean congr..'gatc on the Islands of Saint Paul and St. George, and that the indiscriminate
slaughter of those seals would soon exterminate the race. The latter part of this assertion
is true, but the first, I assert, is a physical impossibility. The seals of the North Pacific,
in countless myriads, could not, by any process of their own, find roopi on those two
comparntively insignificant islands, and 1 am prepared to prove that the southern seals,
fr(nn the Gulf of Tehuantepec nnd Gulf of California, which come north every season,
differ from the seals of the Pribylov Islands, and never " haul out " on that group. The
indiscriminate slaughter of fin seals in early days on the Island of Alassafuero, on the
coast of Chile, and on the San Benito Islands of Lower California, drove the seals away
from those once famous rookeries, and they seem to have acquired new habits. A paid
writer of tlie Company, Henry W. Elliott, in an otherwise excellent monograph on the
fin seal islands of Alaska, boldly asserts that the seals of the North Pacific all congregate
on the Pribylov Islands. He further asserts that those seals have their pups on land,
and that if a pup is thrown into the water it carmot swim, but will sink like a stone, and
takes me to task for asserting that the pups of the seals taken at Cape Flattery can swim
as soon ns born and oven when taken alive from the mother's womb.*
In 188a I was instructed by Professor Baird to investigate the habits of the fin
seals and to make a Report thereon, which Report may be found in the Bulletin of the
United States' Fish Commission (vol. iii, 1883, p. 201). In that Report I have shown by
thirteen witnesses, some of them Government officials, that the fin seals of Cape
Flattery do have their pups in the water, on the kelp and at other places not yet
discovered, and that the pups swim as soon as born ; this evidence as against Mr. Elliott's
* Unite J Stales' Commission of Fish and Fishericg, Speciel Bulletin 176, a Vcnojraph o^ tlie Seal Islands of
Alaska, by Henry W. Elliott, 1882, p. 166, lant paragraph.
lOS
ion JacoLi*, of
pg expedition
c reported as
•atncrs report
(ircd to 1)0 m
iviil engage in
ets.
in April, and
Xy vcssoIh are
»ny of several
nt and hidden
latently urged
li Commission
fessor Baird's
aters, and she
1 Tanner. It
it the United
2 information
iblc Bureau of
Government,
snt Treaty, so
of the North
n and Alaska ;
' feeling exists
Alaska which
irding a means
be encouraged,
rs of the coast
ast ; they wish
mittcd to take
mcc they have
•cial Company,
ted States and
North Pacitie
indiscriminate
this assertion
North Pacific,
on those two
louthern seals,
every season,
group. The
.fuero, on the
he seals away
,bits. A paid
igraph on the
:ill congregate
pups on land,
a stone, and
;ery can swim
jits of the fin
lulletin of the
^avc shown by
iials of Cape
paces not yet
Mr. Elliott's
unsuiiiiorted, dogmatic assertion that the pups will Hink like a stone. I believe that
Mr. E"'.ott is correct so far as the seals of the Pribylov Inlands are con-.-erned, and I
know that I am correct ho far as regards the seals of Cape Flattery, and, believing that
both of us arc correct, it proves incontestably that the seals wiiich come from the south
to t'ape Flattery differ in their habits from those of Ikhring's Sea.
'1 hesc cnstern fishermen, knowing the value of the rookeries, are desirous that tho
law protecting the seals on the Pribylov Islands, as well as the provisions of the lease to
the Alaska Commercial Company, should be rigidly enforced. But Miey do not believe
that the term " adjacent waters " named in that lease ever meant or was intended to
mean all the waters of the North I'acitic Ocean. They believe that they, as American
citizens, have a right to fish or hunt in the American waters of Behring's Sea, outside of
;J nautical miles from any island or the mainland of Alaska. They believe that William
H. Seward did not purchase Alaska for the Alaska Commercial Company, but for the
whole nation. These fishermen from New England demand as a right that they be
permitted to pursue their honourable business in the American waters of the North
Pacific, Mebring's Sen, and the Arctic without being treated as criminals and hunted down
nnd seized and imprisoned by the piratical Bevenue cutters of the LTnited States, at the
iliotion and for tiie sole benefit of the Alaska Commercial Com|mny. These tishermen
iiheady here, and the colonies which will be here next year with their Heets of schooners,
arc of vastly more importance to the American nation than the monopoly of the .Vlaska
Commercial Company. And they have re<iuested me to address you. Senator, and other
Senators, respectfully asking you to kindly lonk into this (|uestion, and have it oniered by
the Treasury Department that American citizens can take any of the products of the
ocean outside of 3 marine miles from any island in Behring's Sea or the coasts of the
mainland of Alaska.
Hitherto the outrageous arrogance and assumption of the Alaska Commercial
Company has been only met by feelilc protests from merchants of San Francisco and a
few Portland traders. But now a new order of things is about >eing inaugurated. An
intelligent nnd valuable eln«s of New England fishermen are comwig here to reside among
us and become citizens of Oregon, Washington, and Alaska. They know tiieir rights as
.\merican citizens, and they are determined to have their rights.
It is time liat the farce played by the Alaska Commercial Company was ended, and
that the sorry >ight of American Revenue cutters hunting down our own citizens for the
benefit of that huge monopcly should for ever cease.
I have given this subject careful attention for many years, but have had no occasion
to take any jiarticular interest in it until now, and now is the time to speak nnd act.
These determined, energetic fishermen of New England are here, and more coming. All
they ask is their right as American citizens to hunt and fish in American waters outside
:i miles from liuui. Strictly enforce the law prohibiting the taking of seals on the
Pribylov Islands ; strictly enforce the law prohibiting the introduction of spirits or fire-
arms among Indians; but give the fishermen the right to develop the wealth in our
waters, encourage them to make new discoveries, aid them in every legal manner to
pursue their avocations, and they will prove a new source of wealth to our Pacific States,
and add to our population a new and a most desirable element.
I have had the honour. Senator, to address Senator Mitchell and Senator Stanford
upon this important question, and if there are any points on which you would like further
information, I .shall esteem it an honour if you will address me, and I will give you all
the information I possess. 1 want to see Behring's Sea and all American waters open to
American fisheimen, ami I e 'rncstly and respectfully solicit your kind consideration of
the question.
I have, &c.
(Signed) JAMES G. SWAN.
The Hon .Tosepli N. Doipii,
Senator in Conjrrcss trom Oregon.
■;■'
le Si^al Islands ol'
[128]
(i
!
194
No. 118.
Sir I,. Wi'nl tn Ihr Mtirquis of Salishury. — {Rcrrivnl Apr!! l(i.)
My liiinl, Utmhini/loii, MiirrU'U, IHSS.
I IIAVI'^j (lie lumoui (o iu'kiiowlc(lK«' tli«! ifcciitt of your lj('r(l-<lii|)'N (l("H|int(li
ol tlio ITlli instiinl, aixl to iiicloHc liorutvilli copy of a note tvliicli i iul<lrosH(><l to llir
8o<Mrtiii7 of Stiilc ill (lio soiiso of (liiit ilcspalcli, iis woll ih copv of tlio ie|»l,v wliicli I Inivc
roofivftl (liorolo.
I llRVO, Ikv.
(Hiu:ii!(l) li. S. SACiKVILLK VVKiHT.
Inclosuic 1 ill No. 1 18.
tiir h. IVei>l to Mr. liai/iird.
Sir, WiishiiKjIun. March L'O. IH.^H.
WITH rdoroiico (o \\w iiioposotl i-oiucid't! artion !»_>• (Jroat Hiilain, llic Uiiild
S(iit« s, iiiiii oIluT iiilorfstcil I'owiTs, in ortiiT to iircscrvo tioiii oxU'iininatioii liio fur hchIs
wiiicli al oorliiiii .seasons arc I'ouinl in nciirinf;'s Son, 1 am nM|ncstoil lt,y tlic Mnnjui.s of
Salislxirv <o inrorni joii that tliu Knssiiin AiiiIiiissikIoi- in LdikIoii IniH Itoun cominiinicated
\\\\\\ on llio .siilijocl. and that lio lias iciorrcd to his (lOVornnuMit tor inHtriicdoiiH.
But. in making tliis I'oniniiinifation to voii, I am instrucUul to slate thai Uiih action
on tlio |mi'l of IKr Majosty's (iovornnicnl must not hu taken as an admisoion of the
riji'lits of jmisdiction in Moliiinf>'.s Sea oxorcisod there hy the United StatoH' authoritios
(luriiif; tlio tishini; .seasons of lS8(i-S7 and 1S.H7-SM, nor as atFeetinj!; the elaims which Her
Majesty's (JovernnuMit will have to present m\ aeeount of the wroiifjfiil seizures whicli
have taken place of llrilisli vessels en^ifaged in the scal-ti.sliin]u; industrv.
I have, iScc.
(Signed) li. S. SAdKVILLH WKS'i,
Inciosure 2 in No. 118.
Mr. liiujiird to Sir L. W'rsl.
Sir, Dcparhnriit of Sfiitr, Wiisliiiiylon, Marrli 'M>, IMSS.
I llAVK the honour to acknowledge the receipt of yt'"r note of the 20th instant, in I
which von inform the Doiiarlment that the action of Her Majesty's (JovernmenI in
respect to the proposal of ttiis (lovernment for an arrangement to protect the fur-.scal
from extirminatioii in Hehring's Sea is not to he taken as an admission of the
jurisdiction of the United States over Hchring's Sea, nor us allecting the claims wiiicli
Her Miijesty's Uovernment will have to present on account of the seizure of certain |
British vessels in those waters,
I have. See.
(Signed) T. V. MA YAK I >.
No. 111).
Sir L. WeKt to the Marquix of Salisbury. — [livrdveil April \i\.)
TfllO
cliiiiMiiiils
tliid erfiidi
|)('iidin;r a
Oregon, o
reltiled (till
llie :tlsl I
iiiiiier (,'oii
valid iippei
'I'o-da
to the Dist
la'^t l)(!e('iii
The U
(la y of Ha le
Tli(. A
M(l<a in pul
H'lishii
My Lord,
Willi
horiciur to ii
the iinporia
ofdeiH had
ships fi.shiii<.
sense from t
of State he
telegraphed
1 have
which is iiK
sealers will
accr)rdiiigly II
in the above
Sea. He pr
were instriiet
seal fishery i
lie (lid not tl
marine leagi
pieservation
American .set
rl ' I' ■ ' ' 1*
I li i
My Loril, IWishinyton, April T), 1S88.
WITH reference to my despatch of the I9lh March, \ have the honour to indosd
to your Ijord.ship herewith copy of a Memorandum sent to me by the lawyer engagoJ
[\2S]
faWfMniiTMTI
1,^
195
in I ho (!UHo of ccrtiiiii scal-Hkiim onlnrcd to bo Hold ftt Sitka, from whidi your LordHhip
will porcoivo that Iho iiiattor l.aH bctMi Hutisfactorily adjuHlcd.
L liavo coinniiinioalud tliJH Mornorandiiin to Iho MarquiH of IjaiiHdowne.
I have, &c.
(Higiicd) L. 8. HACKVIUJ5 WEST.
IndoNiiro in No. 111).
MnniirtiiKluni In/ Mr. Ilnijtiniin,
I'lll'j IHHliicl. .Iii(l;;(! for Alaska hiiviii<r rofuMod to admit UritiHli Columhian
cIniiniiiiN to tho privilcirc!^ of tho Attornoy-dtinoral'H r)r(l(!rof hint Docomiior, prcHcrihing
Mini (•()?wl(Mnii('(l Hcaiiii^r-vossrls and car-foos mij^ht ho roloanod to their lato owricrH,
licndiiiv iiii|)i'iil, ii|i<iii Hiip('rHod(!an liorids, with HiirotioH, roHidiii^ in Alaska, California,
Orcfjon, or \VaHiiin;;loM Ttirritory (Haid Dinlriot .Itiil/fo coiitonding that the Order
rcliiled only to (Ik- oases ol' Aiiieri(;aii rlaiinantH), 1 laid hid'on! the AtlormytJciKsrHl, on
till' III Ml iiltimi), (ho I'aHo of the Uritish owner of 1,400 Hoai-skins, ordered to ho sold
iiniler OonthMnnaiiDii Decree at Kitka on the IHlli instant, said owner liaving t(!nd(!rod a
valid ap|)eal hond with surcities, residing at Han I'VaiKiisco.
'rii-dny, dinin:.^ my atltfodatKM! npon the Attorney -<^J'!i(!ral, ho sent a Joint telegram
to tho District .Indgo and the Distriet Attorney at Hitka, advising them that his Order of
Ills) D(!cemlier was intended to apply tii all <;l»imants, irrespective of natieimlity.
TIk! telegram will go l»y mail from I'ort Townsond, and will roach Hitka lioforo the
(l.'iy of Halo in diu; conrsc.
Tlu! Attorney-(j!eneral expri^ssed his dissatiHfaction with tho oourso of the officers at
Siliui in indrling so narrow a conslriution upon the original Order.
(Higned) OlIAitl.ES F. HExV.IAMIN,
Counnellor-Ht-Lttw.
W'lisfilntjliin, April 4, I8H8.
No. 120.
i 'f 1
VTT^
air L. Ursl lo III'' MurijiiiH of Halislmr]/. — {Rfjcnivufl April 16.)
My Lord, Wdshiiifjl.on, April d, 1888.
VVi'J'H reference Lo yonr liordsliip's despatch of the Wth March, 1 have the
honoar to inel -se herewith copy of a note which I addressed to Mr. Bayard, representing
tho importance of omiMIng Ifer Majesty's Oovernment to contradict tho report that
orders had been issned by the United Slates' Government for tho capture of British
ships fishing in Behrings Sea. 1 had previously received a communication in the above
sense from the Marrpiis of Lansdowno, and at an interview which I had with tho Secreiary
of State bo staled lo me that no such orders had been i.ssucd, which information I
telegraphed to your Lordship on the ^rd instant.
I have sini'o received u I'm tlier telegram from the Marciuis of Lansdowne, copy of
which is inclosed, ro'pic.ting to know whelher his Government is to understand that
sealers will not hi; niolesled (.'.xcept within the marine league from the shore. I
accordingly agn'ii callt'd on Mr. Bayard, and ho re])eatcil to me, in reply to my que.-tion
in the above sense, lliat no orders liad boon issued for the capture of sealers in Behring's
Sea. He presumed that tlie orilers 1 alluded to as having been issued some yeiirs ago
were instructions niider Statute (see 1,9.j0 Revised Statutes) for the regulation of the
seal fishery in the waters of Alaska. Pending international negotiations on tiiis subject,
lie did not think il was expedient to answer my ()ue^ti(Jn in so far as it related to the
marine league liinil, as these negotiations had for object the general protect ion and
pioservation of the seal in all waters. He did not wish to see another British or
American scaler seized, and hoped that no such seizures would occur.
I have, &c.
(Signed) L. S. SACKVILLE WEST.
i T'Bi
^ iMK
[1-26]
2 C 2
I
Si ' i '
Hir,
196
Inclosure 1 in No. 120.
Sir L. West to Mr. Bayard.
Washington, April 2, 1888.
I HAVE the honour to inform you that the Marquis of Salisbury has received
Intimation from the Canadian Government to the effect that orders have been issu::d
by the United States' Government for the capture of British ships fishing in Behring's
Sea, and that lie has telegraphed to me to represent earneatly the extreme importance
of enabling Her Majesty's Government to contradict this rumour.
I have, &c.
(Signed) L. S. SACKVILLE WEST.
Inclosure 2 in No. 120.
The Marquis of Lansdowne to Sir L. West.
(Telegraphic.) April 5, 1888.
IN reply to your telegram of the 3rd April, there is an impression here tliat orders
were issued some years ago by United States' Government to Collector at San Francisco
for seizure of vessels found in Behring's Sea, and that these orders have never been
withdrawn.
May \ve understand our sealers will not be molested except within the marine league
from shore ?
No. 121.
The Marquis of Salisbury to Sir R. Morier.*
Sir, Foreign Office, April 16, 1888.
THE Bussian Ambassador and the United States' Chargd d' Affaires called upon me
this at'tcrnoon to discuss the question of the seal fisheries in Behring's Sea, which iiad
been brought into prominence by the recent action of the United States.
The United States' Government had expressed a d' ire that some agreement should
be arrived at between the three Governments for inc purpose of prohibiting the
slaughter of the seals during the time of breeding ; and, at my request, M. de Staal had
obtained instructions from his Government on that question.
At this preliminary discussion it was decided provisionally, in order to furnish a
basis for negotiation, and witliout definitively pledging our Governments, that the space
to be covered by the proposed Convention should be the sea between America and Russia
north of the 47th degree of latitude; that the close time should extend from the
15th April to the 1st November; that during that time the slaugliter of all seals should
be forbidden ; and vessels engaged in it should bo liable to seizure by the cruizers of any
of the three Powers, and should be taken to the port of their own nationality for
condemnation ; that the trafl^ic in arms, alcohol, and powder should be prohibited in all
the islands of those seas ; and that, as soon as the three Powers had concluded a
Convention, they should join in submitting it for the assent of the other Maritime
Powers of the northern "seas.
The United States' Charge d'Affaircs was exceedingly earnest in pressing on us tiie
importance of dispatch on account of the inconceivable slaughter that had been and was
still going on in these seas. He stated that, in addition to the vast quantity brought to
market, it was a common practice for those engaged in the trade to shoot all seals they
might meet in the open sea, and that of these a great number sank, so tliat their skins
could not be recovered.
I am, &c.
(Signed) SALISBURY.
• Aliu 10 Sir L, West.
Sir,
the
»il 2, 1888.
has received
re been issii^d
a; in Behring's
fie importance
T.E WEST.
\prU 5, 1888.
ere tliat orders
; San Francisco
ive never been
1 marine league
pril 16, 1888.
called upon me
Sea, which had
rccment should
[)rolubiting the
d. dc Staal had
ler to furnish a
that the space
irica and Russia
Ixtend from the
all seals should
cruizers of any
nationality for
irohibited in all
,d concluded a
thcr Maritime
tssing on us the
(d been and was
ility brought to
)t all seals they
that their skins
Ialisbuhy.
197
No. 122.
The Marquis of Salisbury to Sir L. West, — {Substance telegraphed.)
Sir, Foreign Office, April 17, 1888.
HER Majesty's Government have had under consideration the particulars received by
them in regard to the claims of British sealing-vessels seized in Bchring's Sea, and warned
aff by the United States' authorities.
Tliey consider that it would be difficult to arrive at a just estimate of the amount of
the claims in question without an investigation by a Mixed Commission into the
circumstances under which these claims have arisen, which require verification.
T have accordingly to request you to ascertain whether the United States' Govern-
ment would agree to the appointment of a Mixed Commission, whose functions should
be restricted to inquiring whether any compensation is due, and, if so, how much in
each case.
I am, &c.
(Sio;ncd) SALISBURY.
No. 123.
Foreign Office to Colonial Office:
Sir,
Foreign Office, April 20, 1888.
I AM directed by the Marquis of Salisbury to transmit to you a copy of a despatch
which his Lordship has addressed to Her Majesty's Ambassador at St. Petersburgh an 1
Her Majesty's Minister at Washington,+ recording a conversation he has had with the
Russian Ambassador and the United States' Charge d' Affaires at this Court, on the
subject of the measures which might be adopted to check the indiscriminate slaughter of
seals in Bchring's Sea.
I am to request that, in laying the inclosed despatch before Her Majesty's Secretary
of State for the Colonics, you will move him to favour Lord Salisbury with any observa-
tions he may have to offer upon the proposals discussed therein.
I am, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 124.
Colonial Office to Foreign Office, — {Received April 21.)
Sir, Downing Street, April 20, 18S8.
WITH reference to your letter of the 14th instant, I am directed by Lord Knutsford
to transmit to you, to be laid before the Marquis of Salisbury, for any observations
which he may have to offer, a copy of a telegram from the Governor-General of
Canada respecting the cases of the British scalers captured last year.
I am, &c.
(Signed) JOHN BRAMSTON.
Inclosure in No. 124.
The Marquis of Lansdowne to Lord Knutsford,
(Telegraphic.) Aprn 18, 1888.
IT seems very desirable time for appeal be extended as long as possible. United
States' Government should, in the interim, release vessels and skins on security abide by
conditions of negotiations. Owners would desire to appeal as last resort should negotia-
tions fail.
I!
^r'^-i
3 l' -Si;
§
i? (
Also to l!oard of Trade and Admiraltv
t No. ;:i
I
l:
m
5
i
! i
ha
108
No. 126.
Sir L. West to the Marquis of Salisbury. — {Received April 23.)
My fjord, Washington, April 11, 1888.
WITH rcforcnce to my dcspntch of the 0th instant, I have the honour to
inclose to your Lordship licrcwilh copy of a private note which I have received from
Mr. Biiyiird, repeating what lie Iiad told mo on tiie 0th instant, that no orders had iicen
issued thiiv year for the seizure of British scaling-vosscls in liehring's Sea.
I have forwarded copy of Mr. Bayard's note to the Marquir of Lansdowne.
1 have, &c.
(Signed) L. S. 8ACKVILLE WEST.
Inclosure in No. 12.").
Mr. Bayard to Sir L. West.
Dear Sir L'-.mel, Department of Slatr, Woshimjloii, April 10, 18H8.
IM'iPi'iHUING to our conversation held on the Otli instant in a jjersonal interview in
relation to (ho Treasury orders for the seizure of British scaling-vcssels in Behring's ISea
by United States' llevenue cutters, 1 now repeat, at your request, what I tiien told you
in reply to the memorandum of iiKpiiry by Lord Salisbury, tiiat no orders on the
subject referred to had been issued this year by (be Treasury Department.
Very truly yours,
(Signed) T. F. BAYAUI),
No. 126.
Colonial Office to Foreirjn Office. — (Kcccired April 24.)
Sir, Downinij Street, April 24, 1888.
WITH reference to the previous correspondence relating to the seizure of British
fishing-vessels in Behring's Sea by ITnited States' cruizers, I am directed by Lord
Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a copy of a
confidential despatch received from the Governor-General of Canada, inclosing copies of
telegrams whicli have passed between his Lordship and the Lieutenant-Governor of
British Columbia respecting the arming of scaling-vessols to resist capture by the TInitod
States' cini/.ers.
I am, iSrc.
(Signed) .lOFIN BllAMSTON.
Inclosure 1 in No. 126.
The Marquis of Lansdowne to Lord Knutsford.
My Lord. Government House, Ottawa, March 29, 1888.
I 11 W \\i tile iionour to transmit, for your Lordship's information, coi)ies of tulegraub
which I liave received from the Lieutenant-Governor of IJritisli Columbia, dated the
27tli and I'Dtli instant, stating that the owners of staling-vessels now on the point ot
departure ior tlie Behring's Sea arc arming their vessels and crews to resist capture by United
States' cruisers, f also inclose a copy of my reply to the former of these telegrams.
I have, &c.
(Signed) LANSDOWNi:.
Inclosure 2 in No. 120.
Lieutenant-Governor Nekon to the Marquis of Lansdowne.
(Telegraphic.) Victoria, British Cohtmhia, March 20, 1888.
AIY Government has received information that sealers, on point of depavtnr>> 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<l Mai/ 14.)
Sir, Downing Street, May 12, IHS!^.
I AM directed by Lord Kmitstbrd to tranHinit to you a copy of the tclcf^raiu wliich
waH addressed to the Goveriior-Gencrnl of Canada upon tlio (|uestion of the jiroposcd
close time for seals in Melirinjj's Sea, together with a copy of tlie reply which has now
been received from the (Jovernor-Generai, and wliich I am to rcijuest may be liiid
before the Alarquis of Salisbury.
I nm, &.;.
(Signed) KDWAI{D WlNGKIKl^D.
Inclosure 1 in No. 185.
Lord Knutsford to the Xfarquia of Lansdonme.
(TelcKraphic.) Downing Street, May J), 1888.
BEHRING'S SEA close time for seals.
With reference to your telegram 25th April, would objections of your Government
be met if proposal to take 60th degree north latitude be reverted to instead of 47th ?
Inclosure 2 in No. i;3o.
The Manjiiis of Lanxdoirne to Lord Knutsf'ord.
(Telegraphic.) ' Mmj II, 1888.
1 HAVE received your cablegram of the 9th instant. The objections of the
Canadian Government would not be removed by the substitution o^ the 60th instead of
the 47th parallel. A Report on close time question is in course of preparation. My
Government hopes that no decision will bo taken until you are in possession of it.
No. 130.
Sir L, West to the Marqitin of Salisbury. — {Received June 11.)
(Extract.) Washington, May 30, 1888.
WITH reference to my despatch of the Ist instant, I have the honour to inform
your Lordship that at Mr. Bayard's request I called upon hini, and he then remarked to
me, with reference to my note of the 30th April, that he was not aware that there were
any vessels or skins held at the present moment.
With regard to extending the time limited for appeal, lie said that he had consulted
with the Attorney-General, and that he had found that it was not in the power of
the Executive to intervene in the matter. Having given me this explanation, he said he
would reply to my note in this sense.
P.S. — I subjoin copy of the reply to my note of the 30th April, which I have jui^t
received.
rnclosurc in No. 130.
.Vr. liayard to Sir L. West.
Sir, Department of State, Washington, May 28, 18S8.
I HAVE the honour to acknowledge your notes of the 30th idtinio and the
2oth instant, both relating to the appeals taken in the Judicial Courts in Alaska from
decrees in cases of British vessels seized by the United States' Revenue officials in
Behring's Sea, imder charges of having violated the laws of the United States regulating
the killing of fur-seals,
I tnust excuse myself for the delay in making reply to your note of the ^Oth April,
which was caused by my desire to obtain from you a verbal explanation of what appeared
to me an inadvertent expression contained therein, from which it appeared that the
" skippers " were held under arrest as well as the sealing-vessels.
In my personal interview with you to-day it became mutually understood that there
y 12, IHSSi.
Uu> 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<iinc ; on y tuo les otaries
males ct femellcs dc tout Age sans tcnir comptc des epoques dc rann(5c. Cc mode
ilVxterinination et le manque de lois protectrices font craindrc la disparition complete des
j otaries de ces parages. Commc pieuvc on cite des endroits appartenant A ce deuxi^mc
;'n)iipc ofi jadis on trouvait dos millions dc ces phocace's et ou maintcnant on en tue ii
piinc quclques milliers.
La p^riodc qui suivit I'cxpiratioii dc la Concession accordec i\ la Conipagnic Kusso-
i^mericaine pour I'exploitation de la cbnsse sur les lies Pribyloff ct du Conmiandeur a
1 1'laiienient d^montr6 tout lc mal qu'unc chasse libre pouirait fiiirc au devcloppement et
Ilia nniltiplieation des otaries. Apr^s Texpiiation de cette Concession les iles devinrent
la pioiu du premier venu et les chifTrcs qui suivcnt demontrcnt la progression cnorme
ipia siibi lc nombre des otaries extermindies pendant ces deux annees :—
En 1867, le nombre des otaries tu^es sur les Isles Pribyloff ^tait dc 40,000; en
1 1808, de 242,000; et en 1869, de 87,000.
Sur les lies du Commandeur on avait tud Tannic 1867, 4,000 otaries; I'annec 1868,
[12,000; Tannic 1869, 21,000; et I'ann^e 1870, 27,000.
'I
m
I-
.-t
20fl
Ce n'ost qno IVloipnoment dc ^-os IIph des <v>«tf^<«» l»fl1»lt^M ct 1« nombro tninimc <lc
la pojHiIiition locnlc (|iii ii ('ini)<^clu'' In (Ioh( ruction oompiiMo do cos jjliocftccs.
I'our iiiotfic fin h com alms, lo (louvcinemont. don I'ltnts-Unisd'AiiK^riquc ooncdda en
1870 i\ la Conipa-iiiic' de roiinnoicc d'Aliaska Ic droit d'uxiiloiter la chassc dos otnrics
Btir leM llos Pril)ylo(f |)oiidaiit viiint aiis.
liR memo Com|mn;iiic. main sons im autre nom. oldint une autorisation analopuo dii
Gouvoriionicnl l{ussc iidiir la <-linsso dcs otarics stir los Islrs du Coiiiniaiulcur et don
PlioqucH, pour la inciuc jn'riodo di? viuiit ans. a pnrtir du If* Fcvrior, 1871.
Aiimi, noui* voyons i|u'uii mouopolc privij a ctii concede wur Ioh iloH frdquentccs par
Ics otarios troix ans a poino apros I'oxpiration do colui do la Compaj^nio Uusso.
Am^ricaino,
Co monopolo a 6t6 roconnu ncccssairo pour Ics deux Oouvcmcmonts a la suite dcs
conclusions dos Comnii^sions Husso ot Anu'ricaino, institudos dans lo but d'ctudior In
question do la clinssoaux otarios ot lo moyon do prosorvor cos animaux d'uno destruction
compltito.
D'aprJis lo Contrat par lo Gouvorncinent Russc, lo noml)rc dcs otarios quo la Com.
pagnic a Ic droit dc tuov est ro;;li' chiHiue annoc par Ics autoritcs Russcs locales. Li
chasso no pcut ctrc pratitjuo (pic par Ics indiuconos, cxcopto snr I'llc dcs Phoquos, oil la
Compagnio pcut oniployor sos propros obasscuis, I'ilc ii"otant pas liabitce.
En (5cban;ic do cliaquc poau la Coinpagnic doit iinycr aux indigenes un certain prix
prevu par le Contrat. rjcpocpie de la eliasse est strictomcnt limitee.
Ce (|ui I'ait le ])lus do tort an doveloppomcnt du nonibrc des otarics c'cst la cbnsse
illicitc qui sc pratique tant en ploinc nier (pio sur Ics lies .laponaises el (pielquotbis siir
rile des Pboques aprcs Ic dejiart du Itfitimont do la Coinp;ij;;nie, ce qui arrive generalc-
mcnt vers la mi-Octobro. D'apres Ics Rapports des Douancs .Taponaises il a 6te import^^
au Japon, pendant I'anncc 1.SS4, ;5,tfl() peaux d'otarios resultant de ce genre dc
braconnage ; ce qui fcrnit 50 pour cent sur toutes Ics fourrures d'olarics cxportcos
du Japon.
Juscpi'a 1862 il n'existait pas dans cc pays de loi probibant la cbasse dcs otarics,
En 1SG2 une Loi defendant cette cliassc a etc promulguce sans etlet, Ics lies n'ctant pns
suffisammcnt gard^cs contre I'invasion dcs braconnicrs.
En automne Ics otarios quittent la terro forme et se dirigcnt au sud des lies
Alooutcs, ou cllcs sejourneiit le roste dc lannd-e on ploine nier. Cost alors ([u'ellcs soiit
exposces aux attatjucs des iiavircs armes on clinssc (jui Ics d^ tniiscnt par tons les nioycns:
arines a feu, filets, barpons, &c., sans distinction cntic los nirdos ct les femellos pleine.s.
11 n'y a qu'un tiers seulement dcs animaux lues de la sortc ([iii est utilise, lo rcste sc
pcrd sans le moindre profit. C'cst a ce genre de procede qu'on attribuo la disparitiou ;\
pen prt^s compl(ite dcs otarics sur les c6tC3 du Cbili ct dc I'Afriquc iMc'ridiouale, ainsi
que sur les lies dc Falkland.
On a pcur que lo memo sort ne soit reserve aux ilcs de la Mer de llebring, h moins
que dcs mcsures cfficaccs ne soicnt adoptd-cs a bref delai pour piotegcr les otarics.
(Translation.)
THE places wberc fur-seal hunting takes place can be divided into two distinct
groups : —
Number of
Fur-Seals killed
in 1885.
The first Kiou]) wimid include —
The I'ribvlnfl' li-liiiids ill l!elii'in;,''s Sen .. ,.
Tlic ('onniiiiiulcr Islands (lieliiiu:; and Coppir Islands) ,.
Tlie Seal I^<lands (Sea of Okhotsk) ..
100,000
•15,000
•1.000
149,000
Tlie second fjioup —
The sea adjoining; llie coasts of Vidoiiiv .. ..
Lobas ,. .. .. .. ,. .,
The islands near Cape Horn and the South Polar Sen . .
Tlie Cape of Good Hope . . . ,
Tliu Jnpiineiie Islands
20,000
15,000
10,000
5,000
7,000 , ,
57,000
207
In the first group the number ot' fur-seals killed nnnuully is much larger tliun in ihe
second grouj).
Hunting is conducted on rational bases, i.e., that only such tiu-seuU arc killed as arc
usclul for coniiniiciiil puiposes, siais of a certain size, of the nude sex, and at a time of
vcur wlien the fur has the most commcrciid value, in iuldilicn, the hunting is regulated
in such a way that the number of lui-i^eals which fre(|uent the island^;, far from diminishing,
increases every year.
In the second group hunting is carried on under no syxtem. Male and female fur-seals
of every age are killed, without regard to the season of the year. In conse(iueucc of this
destructive method, ant. tin; absence of i)roteetive laws, the complete disap|)eurance of the
fur-seids from these shores is to be apprehended. As a proof, it is st'\ted that millions of
fur-seals were found formerly in places in tiie second group where but a few thousands are
killed now.
The period which followed tlu- expiration of the Concession accorded to the Russo-
Anierican Company for hunting on the Pribylotf and Conniiander Islands clearly showed
the injurious ctlect of unrestricted hunting on the development and multi|)lication of
fur-scttls. Alter the expiration of this Concession the islands became a prey to the first
comer, and the following figures show the enormous increase in the number of fur-seals
exterminated during these two years: —
In 18ti7 the number of fur-seals killed on the IVibylolf Islands was 40,000 ; in 1868,
242,000; and in 1 8()9, 87,000.
On the Connnander Islands 4,000 fur-seals were killed in 1807; 12,000 in 1868;
lM.OOO in 18(i!) ; and 27,000 in 187U.
Tlu complete extermination of the seal species was only prevented by the distance of
these islands from inhabited countries, and the limited numbers of the local population.
To put an end to thes( abuses the United States' Government conceded, in 1870, to
the Connnercial Con>|;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;<in)>; 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 <ro to Onnalaska for these
vessels.
I may add that the "Savward " is now in poHsession of her owners.
Very faithfidly, &e.
(Signed) A. Fi. HKIiYKA,
At'nnirn/ for ./. D. fVarren.
No. 139,
3fr. Phelps In thr Marquis of Snlishnry. — {Received July 30.)
My Lord, Lryalion of the United, Slates, London, July 28, IS8H.
I Bl'iCi to reeall your Lordship's attention to th(! subjcMd, of the fjroposed Convention
between the (lovernrnents u\ fbe llnited Hlates, 'ireat Mritain, and Jtii.ssia for the, pro-
teotion of the sojil llsbories in {{(dn-inj^'s Heu. .V eonsidcrablo fime has nr)w (dapsed
wnee the, last cionvorsation I bad the honour to hav(! with your Lordsbij) in ret^anl to
it, when it was mutually belicncjd that an (!arly aj^reenient niif^bt bo arrivcid at.
1 am sur<' your J/)rdship will eoncur with me in coneeivitif^ it to l)0 for tlio
Interest of all parties that a e;)nclnsion should Ik; reaelmd as soon as possible;. .And my
Govermnent insfru(;t8 mo rcs|)ectfully to urijc! upon llcr Majesty's Oovormnent tho
pn)pri(!ty, under existint; eircuuistances, of imnuidiate action.
[ Vinderstand t!in Russian (iov(n'nnu!nt to be pn;i)arod to concur in tlie jjroposfid
C'Dnvention as soon as the other (iovernnuuits eoucernod aii! ready to assent Ui it.
I have, &c.
(Signed) L. J. PJIEIJ'S.
N'y. no.
Colonial O/firr lo Forelyn Offin'. — [Received Aw/usl 1.)
Sir, Downing SirccI, Auynsl 1, 18H8.
I A..i directed by Lord Knulsi'onl to tnuismit to you, lo be laid before tbi;
.Marcpiis of Salisbury, ;i tideijji'ain rer-cnvod from Ibe (lovernor-'iCMicr.-il of Canada
n'speetin,^ the proposed sale by llio 1,'niled SIrites' autborilics of tli(! sealiiii;-V(wsesl
".\nna 15e(d\," Dolphin," " (iraee," and " Ada," s(MZ(!d last year in Hehrinir's Sea.
Lord Sali.sbnry will observe; that tlu; CJovernment of ('anadii \\y'j:,v that the I'nited
Stales' (iovernment may l)e reciucsted by Her Majesty's Clovernnient to ])oslpone the
sale of the condemned vess(ds pendini; l!ie settlement of tl'.e r^iestiou as to the legality
I nf their seizure.
Lord Knuttiford trusts that Lord Salisbury will, ;is. soon as practicable, make sueb
I mmmunicatiem as maybe proper to tlio 1 nitcd States' Government with a view to
I give elTect to the wishes of the l)ominion Governm(Mit.
It will be scon that the matter is urgent. " ■
I am, &e.
(Sigiu)d) JOHN UIJAMSTON.
[128]
2 K
210
,' ' Inclosure in No. 140.
Lord Stanley of Preston to Lord Kautsfnrd.
(Telegrapliic.) " " " ./u/y :?(), IS'iS.
THE sealinp^-schoonors "AimaBcck," "Dolphin," "Grace," and "Ada," wliidi
were seized in 1887 in the Behring's Sea, are now being removed to PortTownsend, T'uoot
Sound, fi'oni Sitka, in order to be sold by the United States' Marshal of jVlaska. 'j'lip
Judge of the District Court of Alaska has declined to permit the owners to bond llie
vessels, giving as a reason that their ajjplication is too late. My JUuistcrs lecomnu'iul
that the Imperial Government lie moved to ask for the interposition of the Tjuitcd
States' Government for a posti)oncincnt of the sale of the condemned vessels pending'
the settlement of the question concerning the legality of their seizure. J^ray oljtaiu
this if possible. Ou account ol" time the question is urgent.
No. 141.
The Marqiiin of Salishuri/ to Sir L. West. — (Siihstaitce teleyrajilied.)
Sir, Foreiiju Office, August 2, 1S8S.
THE Governor-General of Canada has informed the Secretary of State for flu;
Colonies, by telegraph, that the sealing-vessels " Anna lieck," " Dolphin," " Grace,"'
and "Ada," which were seized last year in Behring's Sea by the United ''int's'
authorities, are now being taken to PortTownsend for sale by the United .^' r-'
Marshal o I" Alaska, and that the Judge of the Alaska District Court has ; •
allow the owners to bond their vessels, giving as his reason that the appln . :i>. .
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 Mni<iuis of Sallstiury to Mr. Phelps.
Sir,
Foreign Office, August 2, 18^8.
I HAVI] the honour to acknowledge the receipt of your letttu* of the 28tli ultimo.
calling attention to the question of the proposed Convention betwecm this eoiiutry,
the United States, and llu 'a for the ])rotection of the seal tisheries in Uehriug's
Sea, and 1 beg leave to say tliat I hope sliortly to be able to addi'ess to you a i'urtliei'
eommunication on the sulyect.
I iiav<', &j.
(Signed) SALISBl'RV.
No. ] t3.
Foreiiju Office to Coloni'tl Office.
Sir, Foreiijn Office, August 2, 18S8
REFERRING to your letter ot the 15th June last, inclosing copies of a
telegraphic correspondence with the (Jovernor-General of Canada in regard to tin'
question of the propos(\d International Convention fc- the protection of the fur-bearing'
seals in Beliring's Sea, I am directed by the Marquis of Salisbmy 'o transmit hereAvilli
a copy of a h'tler li'om .Mr. Phelps,* in which, by direction of nis GovernmeiU, Ik
urges tlie pro)mety of reni'hiug a conclusion on the .subject.
I am to request that, in laying tliis l(>tter 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\<n'\,
aska. 'i'lio
to bond tlu!
rcconuiu'iid
tlio TJuitwl
els ^jciuliii;;
J'rav obt.iiu
)
xt 2, 1S8S.
tatc for tlu;
," " Gvacc,"
nitcd :'lat's
nitod S' ■•(•■^'
IS ;■ •'"■ ■■
plu.ooi.. .v..
)onc tho sale
}(Mi settled.
list 2, 18H8.
2Stli viltiniQ.
this country,
in Bohi'iug's
yoii a further
jISBURV.
list 2,_18SS
copies of ii I
ivfijard In till'
lie fnr-beariiiu' |
Ismit herowil
^vernment, In'
Knuisrm'il.
3,lr. rheliis
NCEFOTK.
Foreign Office to Colonial Office.
Sir, Foreign Office, August 3, 1 8S8.
[ LAID bofore tlie Manjuis of Salisl)iuy your letter of the 1st instant, inclosinj^
a t(;fe^ram from the Governor-General of Canada reportini,' the intentiou of the United
Stah's' authorities to sell the sealin<^-vessels "Anna Beek," "Dolphin," " Grace," and
" Ada," seized last year in Behriniij's Sea.
,1 am directed by his Lordship to state that, in accordance with Lord Knutsford's
d('sin>. 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|i<d.
TncloNun^ 2 in No. I Ml.
I.nrd Kniilsford to Lord Sltiiih'ii of l'ri'sl"ii.
Downiiiij SIri'cl, Aiii/iisl 7. JHSs.
I .1 ...'_ J : 1 ' .».. I 4 1
(IVlciri'nplii*',) Downiiuj SIrrrI, Ain/iisl 7. JHSs.
I II AN'i; nvcivod yonr li>loi;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 !<t(nilcii of l^rrslon lo f.ard l\iiutsl'nrd.
?ily l.m-d, (Vl'idcl, Qiirhrr, Amjiisl .'J, ISM,s.
WITH r.'lerenee lo your liordship's despaleli of the Slli Alareli l.ist, Inns-
mittiiii!; a e.ipy ol a letter from llii> 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 I7<t"east From (Jreenuieli.
lt(>i'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 <dearly implies that. Lord Salisliury lia<l heen led liy the. L'liiled HIat.cs'
Minister to lielievt! that ther<; is a ti.xcd close and open season for the killiiitf fil' seals in
Jiehrini^'s Sea whicdi is common to all vessels ol' all ii.atioiialities, and that diirint^ tlifi
(i|)en season llicsc may legitimal,(dy and wiliionl; molestation pursiK! IIk; husiness of
cittcdiinfj; seals.
The facts of the cas(! appear I o lie t.lial. within the limits of tlie Territory of Alaska,
Avlii(di liy the I'liited Stales' contention iindndes tin; waters of l!(diriii'4's Sr;;!, as far
westward as a line draw n from a point in |{(diriiii;"s Straits south-west to the meridian
of !on,!.'itu(i(> 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<dtiU3nt'i^haU be ac6edied to ?
:^i
219
No. 149.
Sir L. West to the Marquis of Saliibury. — {Received August 27.)
^y Lord, Beverley {Massachusetts), August 6, 1888.
WITH reference to your Lordship's telegram of the 2nd instant, I have the honour
to inclose herewith copy of a note which I addressed to the Secretary of State, asking
that the sale of the four Uritish vessels seized last year in Behring's Sea may Iw
ipostponed pending the settlement of the question of the legality of the seizure.
I llQVO oLii
(Signed) ' L." S. SACKVILLE WEST.
Inclosure in No. 149.
Sir L. West to Mr. Bayard.
Sir, Beverley {Massachusetts), August 6, 1888.
I HAVE the honour to inform you that Her Majesty's Government have received
intelligence to the effect that the four British ships seized last year in Behring's Sea
are being taken to Port Townsend for sale by the United States' authorities. It would
seem tliat this action has been taken in consequence of the Judge of the District
Court of Alaska having refused to bond the owners upon the ground that their
application was too late. f^^"^'.
The Marquis of Salisbury has now requested me to ask the United States'
Government to postpone the sale of the said vessels pending the settlement of the
question of the legality of the seizure.
(Signed) ' L.' S. SACKVILLE WEST.
No. 150.
S:r L. West to the Marquis of Salisbury, — {Received August 31.)
My Lord, Beverley {Massachusetts), August 16, 1888.
WITH reference to your Lordship's telegram of the 2nd August, I have the
honour to inclose to your Lordship herewith copy of a note which I have received
from tho Secretary of State, stating that, in pursuance of your Lordship's request
conveyed through me, the Acting Attorney-General has directed by telegram and
letter the postponement of the sale of the vessels in question, and has also Instructed
the United States' Marshal in charge to receive bonds in lieu of the vessels.
I communicated the substance of this note to your Lordship this day by tele-
graph, and have informed tte Governor-General of Canada to the same effect.
(Signed) ' L. S. SACKVILLE WEST.
Inclosure in No. 160.
Mr. Bayard to Sir L. West.
Sir, Department of State, Washington, August 13, 1888.
WITH further reference to your note of the 6tli instant, conveymg the request
of the Marquis of Salisbury for a postponement of the sale of four British vessels
seized in Behring's Sea last year, I have now the honour to state that I have just
received a letter from the Acting Attorney-General, informing me that, in pursuance of
the request so made, he had directed by telegram and letter the postponement of the
sale of the vessels in question, and has also instructed the United States' Marshal ki
charge to receive honda in lieu of the vessels.
Accept, &c.
(Signed) T. F. BAYARD.
! I;
fl28]
2 F 2
S30
No. IBl.
The Marquis of Salisbury to Sir L. Wesi.
Ilr» Foreign Office, September 1, 1888.
WITH roferonco to your dospatch of tho lOtb ultimo, I transmit herowitli
a copy of a letter from tho Colonial OfllcR,* inclosing copies of two despatches from
Lord Stanley of Preston to tho Secretary of State for the Colonics relative to tlie
proposed sale of four of the British vessels seized when engaged in soal-tishing last
year in Uehring's Sea.
Before taking any further action with regard to these seizures by tho American
authorities, I request that you will inform mo when tlio appeal to tho Supreme Court
of the United States in the case of the " W. P. Say ward " is likely to come on, and to
report generally on tho progress of the case.
I am, &o.
(Signed) SALISBURY.
No. 152.
Foreign Office to Colonial Office.
Sir, Foreign Office, September 1. 1888.
I HAVE laid 'before tho Marquis of Salisbury your letter of the 18th ultimo
inclosing copies of two despatches from tho Goyornor-General of Cauada on the subjcci
of the legal proceedings pending before the United States' Courts with regard to the
British vessels seized by tho American authorities when engaged in seal-fishing in
Bebring's Sea, and the claims for damages raised by the owners of the vessels.
I am to request that you will state to Secretary Lord Knutsford, in reply, that
before taking any action on tho Minute of the Canadian Government inclosf ith
Lord Stanley's despatch of tho 26th July, 1888, Lord Salisbuiy has instru( or
Majesty's Minister at Washington to state when the appeal to the Supreme ,t
the United States in tlie case of the " W. P. Say ward " is likely to come on, and to
report generally on the progress of the case.
I am, &c.
(Signed) P. CUREIE.
No. 153.
I
The Marquis of Salisbury to Sir L. IVest,
Sir, Foreign Office, September 3, 1888.
WITH reference to my despatch of the IGth April last, relative to the proposals
received from tlie Government of the United States for concerted action on the
part of the Powers interested in the matter, with a view to the establishment of a
close season for the preservation of the fur seals resorting to Bebring's Sea, I have to
inform you that I have recently bad a long conversation with Mr. Plielps on the subject.
lie stated that his Government were very anxious that an agreement .should be
arrived at as soon as possible.
I pointed out tlie difficulties felt by the Canadian Government, and said that,
while the scheme was favourable to the industries of the mother country, considerable
apprehension was felt in Canada with respect to its possible effect on colonial interests.
I added that I was still sanguine of coming to an arrangement, but that time was
indispenc ""ble.
I am, &c.
(Signed) SALISBURY,
Xo. 148.
^^ca
931
No. 184.
Foreign Office to Colonial Office.
e on, and to
Sir, Foreign Office, September 3, 1888.
I HAVE laid before the Marquis of Salisbury your letter of the 18th ultimo,
inclosing a copy of n despatch from tht> 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 \,<m\
Kimtsriird to (rMusmit lo you, for the int'ormalin!; ol' Mie !\lav(|uis bl' Salislml-y, a, copj
of a d(>s]ialeli fruiu lli(> (lOvcrnov-deneral ol' Coiada on llie siil)j(>ci.
As (lu^ ))aj)ers I'orwanled liy l<or(l Stanley "T I'resioii do not ailfitvi't' tlio i(iiesli()ii
ill Mr. Uayar I's nuje |i> 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 1ele<frani ol' tile till iiistaiil, iii(]uiriiii;' whitt ttiiswrr
shoe.ld lie retimiid to Mr. Ha\;ird'.s note lo Sir Lionel West of the LOtii Septetiilicr
with refiM-enee to the Innidinj^ ol' ei-rlain Mrilish m'ss Is seiy.ed some lime since in
n(<lirinu''s Sea. I have the hoiioiir lo imcIosi" h(M'C\vitli a co)iy of a despatch whieli I
ha\e to-day adilr(>ssed 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(<ii)l, of your despateii ol Hh
181h iilliino. e()\i'rini;' copy of a note liMin thi> 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(<iiuent upon the exposure of these vessels lo the inclement cliiuutc
of Alaska.
As n'uards the c;ise of the "Anna. I<(>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)riT<ini-f rrinif in ('i)iivrll, on Ihr aUIIi Sfplnnhnr, IHHH.
'I'll I') (Joiiiniiltfc of llic I'rivj Coiincil li.'iyo lind luidcr considonition a tlosjmtoh
from yir |i. Wrsf, to Lord Sliiiilcy, iiiidor (into (lii^ llllii Sc^ptcnilu'r iiistuiil, covcriiif;
copy ol' a note IVoin lli<i {Secretary <d' Wtale lor tlie United States, toifoMier wit|( copies
dl' eorivHiMiiidiMiec wJii^di acepuipajiied it, reljitive (o ceit(^)i sliipH which had l>Of!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 <!an he done, suhject, to a llnal settlement of the matter,
:niil v\itliont nccessitalini;' an ajijieal to the Su])r(Mrie (!!ourt of the United Stages.
The .^lin|ster further oliserves that, lonchinj; the (luestion of exc^cssivc appraise-
Iniont, the U'liited Slates' ^Iarsh,il statts as lollows • --•' llavint^ myself a practical
kiiowledii'c of tlie value of such pri)])erty I full'- coincide with the elaimanl, that the
|viiliiatiou pii| on the schooners 'Grace' and ' l)(dpliin ' was excessive."
The (Ommittee recommend, therefore, that your l'lxcellen(!y lie moved to forward
h copy of this Aliniitc to iier Majesty's Minister at Wasliini^ton, with a view to
Imoviiii;' the t'tiited States' authorities to authorize the reap])raisement in the eases of
he '• (i race" and "Dolphin," and tli;it in the case of the "Anna Heck," instructions
|l)o given to accept tin; projMJsed houds of the owner, subject to a final settlement of
hi' mat ter.
All of which is respectfnlh submitted for your Rxcellencv's approval.
'(Signed) .IfJlIN .1. McGEE, CUrh,
Privy Coiwcit, Cnnadn,
[12Sj
2 G 2
rf
i
f'i!
B
228
No. 165. • • ^
Colonial Office to Foreujn Office. — {deceived November 2.) ' '
Sir, Downing Street, November 1, 188S.
WITH reference to the letter from this Department of the 2.jtli Octoher res])i'('t.
ing the honding of certain vessels seized last year in Behring's Soii, f am directed by
Lord Kn\itsford to transmit to yon, to be laid before the Marquis of Salisbury, a copy
of a telegram received from the tTOvernor-Oeneral of Canada rel.ating to the case of
the vessel, " Ada."
I am. &c.
(Signed) JOHN BBAMSTON.
Inclosure in No. 165.
Lord Stanley of Preston to Lord Knufsford.
(Telegraphic.) ' * Or/o6e/- 28, 1888.
IN reply to the inquiry made in your telegram of the 20th Octoljer, owners of
" Ada " do not object to original appraisement of the vessel. My Ministers advise
that action should be taken accordingly.
No. 16(5.
Foreign Office to Colonial Office. ^
Sir, Foreign Office, November 17, 188S.
I HAVE laid before the Marquij of Salisbury your letter of the 1st instant,
inclosing a telegram from the Governor-General of Canada, stating tiiat the owners
of the " Ada,"' one of the sealing ships seized last year in Behring's Sea, do not object
to the original ap])raisemeut of the vessel.
His Lordship directs me to inquire Avhetlun- Lord Knutsford desires that llie
substance of Lord Stanley's telegnun should be sent to Iter ^Majesty's Legation at
Washington, for communication to the United States' Government.
I am, &e.
(Signed) .) ITLTAN PAUNCEFOTE,
No. 167.
Colonial Office to Foreign Office. — [Received November 21.)
Six", Downing Street, November 21, 1888.
IN reply to your letter of the 17th instant, I am directed by Ixjrd Knutsford to
acquaint you, for the information of the Marcjuis of Salisbury, that he thinks it
desirable that the substance of the telegram from the Governor-General of Canada
respecting the sealing ship "Ada " sliould be communicated to the Government of tlic
United States.
I am, &c.
(Si-ned) JOHN BBAMSTON.
No. 168.
The Mtir<iuls of Snlisbtmi to Mr. Herbert.
('I"('legrni)hic.) Foreign Office, November 22, 188'^.
WITH retVreiiee to my telegram of the 10th ultimo, you should inform Unitwi
States' Government owners of "Ada" do not object to original appraisement of tiic
vessel.
)-:>.
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<ia," oh<' of tl.t(Messels scizcid last year in
i^ehrins's Sea,
I am, &c.
(Sis^n.d) ROBERT G. W. HERBERT.
Inclosure 1 in Xo. 169.
Lord Stanhji of Preston to Lord Kniitsford.
My Lord, Gnrprnment Hous< Ottawa, October 27, 1888.
WITH refercnc*' to your Lordslii[)'s t('li)!i'ram of the ilOth instant, and to mine in
re))ly of to-day's date, stating that the owners of the " .Wla " do not object to the
oi'i2;inal appi'aisomeut, I biivo tlie honour to trnnsniit to your jjordship a copy of au
approved Report of a (Jomniittcc of th(> 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<ii)ii lius been cnllcd \o n ♦clci^nitn, dnlcd Wiifliiiv^'ton, tin* 22ii(l IM.irch,
wllicli !i|)|ii'!ir('(l in t lie " 'rimes" dl' (u-ilny, to lli(> 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 <loniain of tbo United States for
tlie purpose of violatinj; tlie provisions <ii' section ll).">(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(<nally for such violation being arrest of
person and seizure and couliscation of vessels, apparel, &<;.
I have, &c.
(Signed) n. G. EDWARDES.
Inclosuro in No. 179.
Extract from the " Washington Post " of March 23, 1889.
Alaska without a Goveknou. — A PuocLAiiATroN ueoakuing Fuii-deakinq
Animals and Salmon. — CJovernor A. 1*. Swineford sonxe tiin(! since wrote out his
resiguatiou as tjoveruor of Alaska, and sent it to the Interior Department, wbero it
rem.iins unacted upon. Since then the Governor Avrote that be should leave iVlaska
for homo on the Gth March, so that ho is now out of the territory, and Alaska is
without an executive head.
The following Proclamation was issued late yesterday afternoon ; —
A Proclamation.
By the President of the United States.
The following provisions of the Laws of the United States are hereby published
for the information of all concerned : —
230
Section IDno Revisrd StnliilcH. clinptrr «, titio 23, nmiU thnt—
No |)(!rs(m sliivll kill any niter, mink, iiiarteii, .salde, or I'lir HenI, or other fiir-
bc.'iiiiej; .•miiiinl, williiii tlie liinilvi <it' AImsKm t'lrilnrv, or in tlu; waters I liereof ; and
eviM'y persiiii ;;iiilly tliereol' shall, lor caeli olVenets lie lined nol, Icnh than ^IH) ilollai'H,
nor more than 1,111)0 (ioilars, or imiirisoned not more than siv tnonlhs, or liolli; and all
ressels, their tackle, apiiarcl. I'nriiilnre, and earj^o, I'mind e.n^^a^cil in \iolationoi' thiH
(notion shall h(! I'orleited ; hnl the Seerelnry ol' tin; 'IVeasurv siiall liavo [lowt^r to
iwilliorii^e the killini^ of any xneh mink, marten, salile, or other rnr-henrin^^ animal,
except for Heals, nndi>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 Slat<!s the lUJIh.
(.Si(?ned) IJENJ. HAllRISON.
]Jy the I'rosident,
(Sis?ne(l) .Iamks G. IJi^aine,
Sfcrelarij of State.
Sailinf? orders have been sent to the United States' steamer "Thetis" ,it the Mare
Island iS'avy Yard to proceed to Sitka, touchijj^ rn roulc at sneh i)lacos an her
comniandiiiL,' ollicer may deem Jiecessary. When she arrives at Sitka and f:ommuiu-
cates with the civil authorities she will, if the situation is (puet, and her |)resenc(! there
is not n;(inired, continue on northward, and devote attention particularly to th(!
wlialinf^ Meet and to other eonimereial interests of the Uidt(;d States in the waters
about J?eh ring's Straits and the Arctic 0(!ean.
As the whalin!^ vessels usually le.avi; the Arctic in tlus latter y)art of September,
the presence of the " 'I'lietis " until then will add security to those eni,'aj,'ed in that
ini|)ortant industry, and the "Thetis" will remain until they have taktm their
departure southward, taking care not to be caught in the ice. She will return to
Sitka and await further instructions.
No. 180.
Colonial Office to Foreign Office,— {Received March 26.)
Sir,
Downing Street, March 26, 1889.
I AM directed by Lord Knutsford to request that you will call the attention of
the Marquis of Salisbury to the accompanyint^ copy of a tclej^rara from Wasbin^on
which appeared in the " Times " of the 23rd instant.
As the Canadian sealing-vessels will shortly be proceeding to the sealinc^-grounds
[128] * ■ 2 H a
in Bcliring's Sea, Loi'd Knutsford woulc' Ixi jflad if Lord Jialisiiury Avould tolei^'mpli to
Her IMajcsty's Cliarg6 d'AlFaires n1 \Va;.iiingtou to ascertain whether the statement in
the telegram is correct.
J am to suggest also that Mr. Her])ert should, at the same time, bo instructed, if
the statement is correct, to inform the United States' Government that Tier jMajesty's
Government cannot requir<! the masters of British vessels, when fishing in Eehrini;'v
Sea beyond the o-niile limit, to recognize the Laws of the United States.
I am, &c.
(Signed) JOHN BRAMSTON.
■<\t M
|! j},l
luclosure in No. 180.
The Alaska Fisheries,
Wiidhivcjifm, March 22.
PRLSiDENT HARETSON has issued a Proclamation, wai'uing foreign lishing-
vessels .".gainst entering the waters of liohring's Sea, within the dominion of the
United States, for unlawf; ' lishing for fur-bearing animals or salmon.
No. 181.
Foreign Office to Colonial Office.
Sir, Foreign Office, March 30, 1889.
I HAVE laid before the Marquis of Salisbury your letter of the 2Gth instaut,
calling attention to i\ telog)'am Avhich appeared in the " 'I'imes " of the 2!5rd instaut
respecting the Proclamation by the President of the Unite' States in regard to the
seal-fisheries in .Behring's Sea and sug';es1ing that a representation should bu made to
the United States' Government on the subject.
His Lordship directs nu; to state, for Lord Knutsford's information, that it is
proposed to defer any action in the mattor until the receipt of the Act for the
protection of salmcn in Alaska, uhicli is now on its way from Washington.
I am, <fcc.
(Signed) P. CUllEIE.
No. 182.
Mr, Fdwardes to the Marquis of Salisbicry. — (Received April 1.)
My Lord, Washington, March 15, 1885).
I HAVE the honour to state that, having heard privately frn i a ]\Iember of (he
House of Commons, who has lately been travelling in Canada, that the sale of the
tlu-ee seized British sealers was ordered to t,)ke place on the 2oth instant, I tele-
graphed to the Governor-General of Canada (eo))y of ti^legrnin inclosed) to inquire
whether the owners of those vessels were willing to l)ond their sl-.ips, and lliat, if so,
I would endeavour to procure from the United States' raithorities a, postponement of
the sale.
In the meantime, I leamt privately that if I addressed such an application to tlk^
Ur'ted Staves' Government, the r^olieitor-G . , eral, to whom it would bc^ referred, tlic
matter liaAing lieeu under consideration in his I)opartm(!ut, would at once orcior
a postponement.
1 received last night a tcilegram (copy inclosed) from Lord Stanley of Preston,
informing me that the Canadian Minister of Marine is not of opinion that any
intcr\-ention on the part of Her Majesty's Legation at; this moment would ho of Viilue.
The o\v-ners of the vessels wore not willing to lioud at the valuation made by the
L'nited States' authorities, and the late Administration had refused to allow a
revaluation.
consequently, retrain from action in the matter without further
I shall
instructions.
I have, &c.
(Signed) W. G.
RDWARDE8
237
Inclosure 1 in No. 182.
Mr. Edwardes to Lord Stanleij of Preston.
(Tcl(\i^r;ipliic.) Washington, March 8, 18S9.
i II AVE loarnt from private source that the three seized British sealers are to
be scld on the 2Gth instant.
1 might endeavour to ^ itain a postponement of the sale if the owners are willing
to bond their vessels.
Inclosure 2 in No. 182.
Lord Stanley of Preston to Mr. Edwardes.
March 12, 1889.
YOUR telegrana of the 8th March.
Minister of AFariue does not think that any interference just now would be of any
value. Owners of vessels will not bond at present valuation, and request for revalua-
tion was refused by late Government.
No. 183.
Mr. Edwardes to the Marquis of Salisbury. — {Received April 1.)
My Lord, Washington, March 18, 1889.
I HAVE the honour to inclose to your Lordship herewith a copy of a Bill wliich
has become Jaw, providing; for the proi,"ctiou of the salmon fisheries of Alaska.
I havo thoui'ht it Avorthy of traus.nission on account of section 3 of the Act
wliif^h might postibly be quoted in connection with the seizure of sealers in the
Belir.iag's Sea.
I have, &c.
(Signed) H. G. EDWARDES.
Inclosure in No. 183.
[Public— No. 158.]
W(
An Act to provide for the Protection of the Salmon Hsheries of Alaska.
EE it enacted, by the Senate and Uouse of Representatives p' the United States of
America, in Congress asseinb](>d,
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 a<ljaeenl, fiMio tlie same strait to the
45th degree. The extent of sea of which these ])ossessioMs furm the limits cijm])reheuds all the
conditions which are ordinarily iittaehed In shut seas ('■ iiiers ferniees "'), and the liiissiau Giivernmvat
might consequently judge itself authorized tn exercise u]ion this sea the right of sovereignty, nail
especially that of entirely interdicting the entrance nf furcigiievs. I'.ut it preferred (aily asserting \[-,
essential rights without taking any advantage of localities."
M): Adu'ins to Mr. Polelim.
Sir, Department of l^tntc, Washiwiton, March, 30, 1822.
I HAVE had the honour of receiving your letter of the 28th ultimo, which has been submitted to
the consideration of the President of the United States.
From the deduction which it contains of the grounds upon which Articles nl' Regulation of tlio
Russian-American Company have now, for the hrst time, exteiided the claim of Kussia on the nnvtli-
west coast of America to tiio 51st degree of ncnth latitude, its only I'oundatinn ii|ippais tn be the
existence of the small Settlement of Xovo Archaiigelsk, situated, not on the Anieiican conliiieii!, but
upon a small island in latitude 57° ; and the principle upon which you state that this claim is now
advanced is that the 51st degree is ecpiidistant from the Settlement of Novo Archangcdsk and tlie
establishment of the United States at the mouth of the Columbia I'iver. But, from tli(! same ■■tatp-
ment, it appears that, in the j'car 1799, the limits jirescriboel hy the Emperor Paul to the Itussian-
American Company were fi" 1 at the 55th degree nf latitude, and that, in assuming now the latiiaile
57°, a new pretension is asserted, to which no settlement made since the year 17'.)0 has given tlir
colour of a sanction.
This pretension is to be con.sidered not only with I'eference to the question of territorial right, Inn
also to that jirohibition to the vessels of other nations, incliuling thos(! of the United States, to ajipioaeh
within 100 Italian miles of the coasts. From the porioil of tlie existence of the United States as mi
independent nation, their vessels have freely navigated thost^ seas, and the right to navigate them is a
part of that inde]ieiidence.
With regard to the suggestion that the Russian (iovernment might have juslilicd the exercise nt
sovereignty over the Pacilic Ocean as a close sea, because it claims territory both (Mi its American ami
Asiatic shores, it may sutVice to say that the distiuice from shoir to shore on this sea, in latitude 51
north, is not less than 'M degrees of longitude, or 4,000 miles.
As little can the United States accede to the justice of the reason assigned for the jivnliibiiimi
above mentioned. 'I'lie right of the citizens of tin? United States to hold commerce with the abovi;_:iii,il
natives of the north-west coast of America, witlmut the t'Srvitorial jurisdiction of otlier nations, even in
arms and munitions of war, is as clear and inilispi, table as that of navigating the seas. That right \\a'
never been exorcised in a .s])irit unfriendly tn Russia; and, although geneial comidaints have
occasionally been made on the subject of this commerce by some of yourprcdee<'ssofs, nosiieeificgiMuail
of charge has ever been alleged by them of any trao'^aclion in it which llie United Slates were, li\ the
ordinary laws and usages of u:itions, bound either tn i(>slrain 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 b<i arrested and their vessels, &c., seized,
has been issued on the power given to him by the " Aet to provide for the proteetion
of the salmon fisheries in Alaska."
Copy of this Act was inclosed in my desjjatch of the 18th instant, and was one of
the last Acts which was passed in the closing hours of Congress.
The Bill originated in the Senate wiiere it was passed, after having been reduced
to sections 1 and 2 of the present Act, and in tliat condition sent to tlic Ilouse.
At that time there was before the House another Hill of similar import, which had
been referred back from the Committee of Merchant Marine and fisheries, and was
waiting to bo reached.
When the Senate Hill came up before the House section 3 was added to it as an
amendment, which ainendment the House inttmded to take the place of their Jiill, the
pas"'ng of which was evidently impossible on accoimt of want of tim(\ The Senate
refused to accept the Houro amendment, and the IJill was accordingly referred to a
Conference, the result of whoso action was its acceptance at tlu; last hour by both
Houses. I am told that the President's approval and signature wen; really only
obtained on Sunday, the 3rd instant, but as that day is not a legal day, the approval is
dated the 2nd instant.
Like many other Acts, it was hurried through the Legislature in its last hours
without any but its immediate instigators having any knowledge of its scope or oven of
its elTect, and there can be no doubt but that the House amendment to the Senate ]}ill,
that is to say, section 3, has been the work of those interested in the Alaska Fur-seal
Company.
The President has lost no time in making use of the authority it has given him,
by issuing the Proclamation which appeared yesterday, one of the objects of which is
to again assert the claim of the United States to dominion over the Bcliring's Sea, which
claim the United States' Government denied when it was put for^vard by the Russian
Government by the Imperial Ukase of the 14th (IGth) September, 1821.
The Proclamation may also deter American and Canadian iishcrmen from
engaging in seal fishing in the open waters of the Behring's Sea this season.
Section 1956 of the Ilevised Statutes provides for the punishment of persons
killing fur-bearing animals without the authorization of the Secretary of the Treasury
(the taking of seals being still further restricted) " within the limits of Alaska Territory,
or in the waters thereof."
Section 3 of the Act of the 2nd March, 1889, extends section 1956 to " all the
dominion of the United States in the waters of the Behring's Pea."
It may consequently be thought that the Proclamation following upon the Act is
an attempt to settle an international question, which, doubtless, other Powers may still
consider an open one.
I have, &c.
(Signed) H. G. EDWARDES.
No. 187.
Mr. Edwardes to the Marquis of Salisbury. — {Recdved April 5.)
My Lord, Washington, March 25, 1889.
WITH reference to my despatch of the 18th instant, inclosing a copy of the
Act to provide fjr the protection of the salmon fisheries of Alaska, I have now
the honour tc report in detail the course of this Act through the two Houses in
Congress.
On the 25th February, Mr. Stockbridge, Senator for Michigan, introduced a Bill,
copy inclosed, to amend section 1903 of the Revised Statutes, and to provide for the
better protection of the fur seals and salmon fisheries of Alaska, and for other
purposes, which was read twice and referretl to the Committee on Fisheries.
The Bill was reported back by Mr. Stockbridge a few days later, copy of Report
is herewith inclosed, the Committee having recommended an amendment in the nature
of a substitute. The whole Bill as amended then consisted solely of sections 1 and 2
of the Act as ultimately passed, and in that state it was passed by the Senate, almost
without discussion.
The BiQ was then brought up before the House, and an amendment was offered
Mr. Dunn, which added a section 3. The amendment ran as follows : —
I:!
.,;5 ;
B|
■ ■ : ' ■
1 . ' ' i
■ , ' i ■
;■:.;'■
':;:l
j^w
IS'
[128]
2 12
m
244
" Section 3. That section 1956 of the Revised Statutes of the United States was
intended to include and apply, and is herel)y declared to include and apply, to all the
waters in Behi-ing's Sea in Alaska embraced within tlu? boundary lines mcntionfid
and described in tlie Treaty Avith Russia, dated -SOth March, a.u. 1867, by whicli the
Territory of Alaska was ceded to the United States ; 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 in at least one ncAvspapcr published at each United
States' port of entry on the Pacitio coast, warning all persons against entering said
territory and waters for the purpose of violating the provisions of said section ; and lie
shall also cause 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, after an
exi)lanation that the object of the amendment was solely tho preservation of seals
from extermination, was passed. When tho Bill came back to the Senate, tho Houfe
amendment above cited was disagreed to ; tho objection being made that the amend-
ment touched upon the question of tho rights of the Government of the United States.
These, it was maintained by Senator ]\lorgan, had not been considered, or intended to
be considered, in tho original Senate Bill, and there was now no time to consider a
question of suc'li im])ortance. A Conference of the two Houses Avas consequently
called, Avhieh agreed to recommend the adoption of the Bill, with an amendment
run as follows : —
" That section 1956 of tho Revised Statutes of tho United States is hereby
declared to include and apply to all the dominiou of the United States in the 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 tho same to be published for one month
in at least one newspaper if any such there be published at each United States' port
of entry on the Pacific coast, Avaruing all persons against entering said Avaters for the
purpose of violating the provisions of said section ; and he shall also cause one or
more vessels of the United States to diligently cruize said AA^aters, and arrest all
persons and seize all vessels found to be, or to have been, engaged in any violation of
the LaAvs of the United States therein."
In this shape the Bill was ultimately accepted by both Houses, the Conferrees
from tiie Uouses recognizing that there Avas no time to alloAV of the discussion and
passage of another Bill of similar import introduced into the House by Mr. Dunn.
The approval and signature by the President Avero obtained on the last day of the
Session.
further copies of the Act arc herewith inclosed, together Avith the full report of
tlu! proceedings taken from the Congressional Record.
I have, &c.
(Signed) H. Q. EDWARDES.
Inelosure 1 in No. 187.
oOth Congbess, '.::■ D Section. — S. 3993.
In the Senate op the United States.
February 25, 1889.
Mr. Stockbridge '.itroduced the following Bill; Avhich was read twice and referred to
the Committee on Pisheries.
A Bill, to amend Section 1963 of the Revised Statutis, and to provide for the better Protection
of the Fur Seals and Salmon Fisheries of Alaska, and for other Purposes.
BE it enacted, by the Senate and House of Representatives of the United States'
of America in Congress assembled : that section 11J63 of the Revised Statutes of the
United States be amended so as to read as follows :—
" Section 1963. Within one year prior to the time when the lease heretofore made
by the Secretary of the Treasury to the Alaska Commercial Company, of the right to
engage in taking fur seals on the islands of St. Paul and St. George, pursuant to the
Act of the 1st July, 1870, cap. 189, or when any future similar lease expires, or is
surrendered, forfeited, or terminated, the Secretary of the Treasury shall lease to
Mr. Stockbrid
states'
of the
made
ght to
, to the
, or is
;ase to
proper and responsible parties, for the best advantage of the United States, having duo
rej?ard to the interests of the Government, tho native inhabitants, their comfort,
maintenance, and education, as well as to the interests of the parties heretofore
onijnged in the trade and tho protection of tho fisheries, the right of taking fur seals
on tho islands herein named, and of sending a vessel or vessels to the islands for the
skins of such seals, for tho term of twenty years, at an annual rental of not less than
60,000 dollars, to bo reserved in such lease and secured by a deposit of United States'
bonds to that amount ; and tho additional sum of not less than 3 dol. 50 c. for each
fur seal-skin taken and shipped from tho islands of St. Paul and St. George during the
continuance of any lease, to be paid into the Treasury of the United States, and every
such lease shall bo duly executed in duplicate, and shall not be transferable ; and the
Scci'ctary of the Treasury is empowered to make all needful regulations for tho
collection and payment of tho same, and to secure tho comfort, maintenance, education,
and protection of tho natives of those islands, and also to carry into full effect all the
provisions of this (diaptor, except as otherwise prescribed. And he shall give at least
sixty days' notice of tho letting of said lease, by publication in at least one daily paper
publislied in tho cities of lioston. New York, riiiladelphia, Baltimore, "Wasliington,
Chicago, Now Orleans, St. Louis, and San Francisco, inviting bids for tho same."
Sec. 2. That section 195G of the Jlevised Statutes of the United States was
intcudod to include and apply, and is hereby declared to include and apply, to all the
waters of Behriug's Sea in Alaska embraced within the boundary lines mentioned and,
described in the Treaty with llussia, dated 30th March, A.D. 18G7, by which the
Toiritory of Alaska was ceded to the United States ; and it shall be the duty of the
President, at a timely season in each year, to ifssuo his Proclamation and cause the
same to be published for one month in at least one newspaper published at each
United States' port of entry on the Pacific coast, warning all persons against entering
said territory and 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 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.
Sec. 3. That section 1969 of the Revised Statutes of the United States be, and
the same is hereby, repealed.
Sec. 4. That tho erection of dams, barricades, or other obstructions in any of
tUo rivers of Alaska, with tho purpose or result of preventing or impeding the ascent
of salmon or other anadromous species to their spawning grounds, is hereby declared
to bo unlawful, and the 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 enforced; and every person who shall be found guilty of a
violation of the provisions of tliis section shall be fined not less than 250 dollars for
each day of the continuance of such obstruction.
Sec. 5. That tho Commissioner of Pish and Fisheries is hereby empowered and
directed to institute an investigation into the habits, abundance, and distribution of
the salmon of Alaska, aa well as the present conditions and methods of the fisiieries,
with a view of recommending to Congress such additional legislation as may be
necessary to prevent the impairment or exhaustion of these valuable fisheries, and
placing them under regular and permanent conditions of production.
Inclosure 2 in No. 187.
50tu Congress, 2nd Session. — Repout No. 2687.
In the SeNxVte of the United States.
February 27, 1889. — Ordered to be printed.
Mr. Stockbridge, from tho Committee on Fish and Fisheries, submitted the following
Report {To accompany Bill 8. 3993).
THE Committee on Fish and Fisheries, to whom was referred the Bill (S. 3993)
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, beg leave to
offer a substitute therefor, together with the accompanying Report :— r
. ^
246
ii
M,
Salmon of different species are abundantly distributed to all the waters of Alaska
from British Colombia to Norton Sound. The greater portion of their life is spent in
salt water. They enter the rivers mainly for the purpose of reproduction, and it is
there that they become the object of pursuit and capture. The spawning grounds are
on the gmvelly beds at the sources of the rivers.
Any obstructions placed in the rivers which wholly or in considerable measure
prevent them from reaching their spawning grounds will in a very short period of
time result in the destruction of valuable fisheries, which under judicious regulatioa
and restraint are a source of continuing wealth and production to the inhabitants of the
territory. Up to the present time one river only, the Korluk, on the Island of Kodiak,
has been seriously obstructed by the use of dams or barricades to arrest the ascent
of salmon. This stream, hardly 20 miles long, yielded during the season of 1888
aalmon to the value of 1,20(),()0() dollars. This extraordinary production has been at
the cost of permanence, and should the use of dams and barricades bo continued
several years longer, tlie Korluk will cease to be a salmon river.
The marvellous profits reaped by the canners on the Korluk River in 1888 has
stimulated enterprise all along the west coast, and numerous expeditious are being
now fitted out for the puri)osc of engaging in the salmon fisheries of Alaska the
present season. Their objective points are the small streams, which can bo readily
obstructed by dams or other barriers, and it is certain tliat, in the absence of restraining
legislation, this means of enhancing profits will be n^sortcd to without scruple, and
without regard to the fact that such methods generally pursued will result in the
destruction of the salmon fisheries of the territory.
Inelosure 3 in No. 187.
An Act to provide for the Protection of th'' Salmon F^heries of Alaska.
[See Inelosure in No. 183.]
'
v. ii
Inelosure di in No. 187.
iS ilmon Fisheries of Alaska.
Mr. Stockbridge, — I am directed by the Committee on Fisheries, to whom was
referred the Bill (S. 3993) 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, to report it with an amendment in the nature of a substitute. It
is a short Bill, and a very important one to the fisheries of Alaska. It is very strongly
urged by the Fish Commissioner. I ask for the present consideration of the Bill.
The President, pro tempore. — The Senator from Michigan asks unanimous consent
that the Bill reported by him may be now considered. It v/ill be read at length for
information.
The Bill was read.
The amendment reported by the Committee on Fisheries was to strike out all after
the enacting clause, and insert : —
" That the erection of dams, barricades, or other obstructions in any of the rivers
of Alaska, M'ith the purpose or result of preventing or impeding the ascent of salmon
or other anadromous creatures to their spawning grounds, is hereby declared to be
unlawful ; and the 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 enforced, and to otherwise protect the salmon fisheries of Alaska ;
and every person who shall be found guilty of a violation of the provisions of this
section shall be fined not less than 250 dollars for each day of the continuance of such
obstruction.
Sec. 2. That the Commissioner of Fish and Fisheries is hereby empowered and
directed to institute an investigation into the habits, abundance, and distribution of
the salmon of Alaska, as well as the present conditions and methods of the fisheries,
with a view of recommending to Congress such additional legislation as may be
necessary to prevent the impairment or exhaustion of these valuable fisheries, and
placing them under regular and permanent conditions of production."
By unanimous consent, the Senate, as in Committee of the whole, proceeded to
consider the Bill.
247
The President, pro tempore.— Tho question is on agreeing to the amendment reported
by tli(» Committee on Fisheries.
The amendment was agr(H!d to. .
The Bill was reported to the Senate as amended, and the amendment waa
concurn^d in.
The Bill was ordered to bo engrossed for a third reading, road the third time, and
passed.
Mr. Dawes. — The title should he amended. I call the attention of the Senator
from Michigan to the fact that the Bill does not relate to the fur seals as amended.
Mr. Stockhridye.—'So, Sir ; it relates to the salmon fisheries of Alaska. The title
should he amended.
The title was amended so as to road : " A Bill to provide for the Protection of the
Salmon Fisheries of Alaska."
Mr. Piatt. — Docs the section of tbo Hevised Statutes which is referred to relate to
aalmon fisheries ?
Mr. Stockbridge.— Yes, Sir.
Mr. Stewart. — I should like to have the Bill lie over, so that I may look at it. I
do not know that I shall want to object to it after I examine it.
The President, pro tempore. — The Senator from Nevada moves to reconsider the
vote by which the Senate passed the Bill.
Mr. Dawes. — I wish to say to the Senator from Nevada that unless the Bill goes
to the other branch immediately it will bo entirely useless. It is the result of an
investigation of a Committee in the other branch Avith relt;renco to the salmon fisheries
only. It has nothing to do with the fur-seal fisheries.
Mr. Stewart. — I will enter a motion to reconsider and look at it.
The President, pro tempore. — The Senator from Nevada enters a motion to reconsider
the vote by which the Bill was passed.
Mr. Stewart subsequently said : I should like to withdraw my motion to reconsider
the Bill in regard to tbo salmon fisheries of Alaska.
The President, pro tempore. — Is there objection ? The Chair hears none, and the
motion to reconsid(!r is withdrawn. The Bill stands passed.
■■;■
;;]
■ed and
ition of
berics,
nay be
es, and
ided to
Salmon Fisheries of Alaska.
The Speaker also laid before the House the Bill (S. 3993) to provide for tho
protection of the salmon fisheries of Abska.
Mr. Dunn. — Mr. Speaker, the provisions of that Bill are contained in a Bill
reported unanimously from the Committee on Merchant Marine and Fisheries. It is
an emergency Bill, necessary for the preservation of the salmon fisheries of Alaska,
and I ask unanimous consent that it be now considered. It contains nothing else but
the necessary measures for the protection of these important fisheries.
The Speaker. — Tho Bill which tho gentleman from Arkansas says has been
reported from the Committee on Merchant Marine and Fisheries has been read already
in the Uouse, and unless there be a demand for tho reading of the Senate Bill, the
reading will be dispensed with.
There was no objection.
Mr. Anderson, of Kansas. — Is this the Bill that makes the lease to the Fisheries
Company ?
Mr. Dunn. — No ; this is a different Bill. I shall report that from the Committee,
and give tho IIouso ample opportunity to consider it hereafter. This is a Senate Bill,
which relates simply to tho salmon fisheries. It is identical with sections 4 and 5 of
the House Bill, prohibiting the erection of dams or other obstructions in the rivers of
Alaska which prevent the salmon from ascending to their spawning grounds.
The Speaker. — Is there objection to the present consideration of the Bill ?
There was no objection.
Mr. Dunn. — I offer an amendment which relates also to the preservation of the
herd of seals, and I ask the previous question upon the Bill and amendment.
Mr. Bigns. — I reserve the right to object.
The Speaker. — The amendment will be read.
The Clerk read as follows : —
" Section 3. That section 1950 of the Revised Statutes of the United States was
intended to include and apply, and is hereby declared to include and apply, to all the
waters of Behring's Sea in Alaska embraced within the boundary lines mentioned and
11
'dcloribed in the Treaty witU RuMla, dated the 30tli Maroli, a.d. 1807, l>y 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 <he question
presented in tho amendment of Mio House is of such a serious and important a
ohiiraeter that the Committee on Foreign Relations would not undertake at this time
to pronounee that kind of judgment upon it which is duo to tho magnitude of such a
(lucstion.
1 tlosirc that tho Bill as it passed tho Senate originally should jiass, Ixieausc it
protects the salmon and other lislierios in Alaska, about which there is no dispute;
but tills particular question is one of very great gravity and seriousness, and the
Committee on Foreign Relations, or at least a majority of the entire Committee, did
not feel warranted in undertaking to consider it at this time.
Mr. Shrriiiiin. — I inttiniled, when the amendment was properly hefore us, to say
to tlio Senate; that the Committee on Foreign Relations were of tho opinion tliat while
there was no ohjeetioii at all to tho Senate Rill as it passed, it being for a clear and
plain purpose, the question proposed by tho Uousc in the form of an amendment was
a grave one, and had no relation to tho subject-matter of the Bill, and ought not to be
connected with it, bud no connection really with it, and involved serious matters of
iiilernational law, perhaps, and of public policy, and therefore it ought to bo considered
liy itself.
I was dir(!ctcd by the Committee to state that the subject-matter, the merits of
tiie proposition proposed by tiio Uousc, were not before us, and not considered by us,
and we are not at all committed for or against the proposition made by the IIouso.
We make tiiis Ueport simply because it has no connection with tho Rill itself, and it
ou;j:ht to be disagreed to and abandoned, and considered more carefully henafter. J
therefore ask for a Committee of Conference on the disagreeing votes oi" the two
Houses.
The Presiding Officer. — Tho question is on agreeing to the amendment of th(;
House of Representatives.
The amendment was not concurred in. • ' ' ■ '■ i'-. ■>
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<jJViilis ol 'he [Jnii;«d States in
JSehring's Sea, and that the Hous<-> >' 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<ii)S purchased from Indians ..
. . . .
100
, ,
100
7,5llO
hair seals purchased from Indians
, ,
. . • •
S.-IOO
, ,
3,500
2,0.'i
Schooner " (). H. Fowler," walnis-sltius
. . . .
21
21
STk
250 ivory, at 40 c
1 products
••
■ ■ ••
••
••
••
loo
Gr
and total marine furs anc
••
••
••
2K0,133
The decrease in the fur seal catch in Behring's Sea is still more noticeable ; it was
caused principally by the unsettled state of aflairs witli the American Government,
several of the schooners being afraid to enter tliese waters at the risk of si^izures.
A great deal has been written on the life and habits of the fur seal. It is contended
by some that all the fur seal in the North I'ttcilic have their rookeries on St. Paul and
St. Get)rge Islands in Bcliriiig'.s Sea. Others cLaim that many of the fur seals of tlie
Pacific never enter Behring's Sea, but pup on large kelp fields in the oceiin, and may
perhaps have regular hauling grounds outside of liehring's Sea. E.xtiacts from a Circular
of C. M. Lamscn and Co., of London, England, will give the reader some idea of wlicrt
the fur seals are caught. From October 1880 to January 1888 the following number of
skins were sold : —
(r>.
Nortli-We"*, Pacific Const
I.nljus Islaud , . . .
A Inska . , . .
Copper Islaud , .
■Jnpnti . . . ,
Cape Horn , .
South Sea . . . .
>-> ^\r, <~ <X f
Scal.skins.
43,687
30,463
204.033
100,880
9,850
6,926
200
-;i9f),04»
It lia^ been estimated that 10,000,000 seals haul out annually on S^. Paul, and
3,000.0(10 on St. George Islands. The Commercial Alaska Company controls ^heso ind
otiiLT islands by lease front, tlic American and Russian Governments. I am ot oiiinioii
that many fur seal pup on kelp fields along tbe British Columbia coast. I have liad
reliable information from practical hunters and fishermen who bear nie out on this point.
Morris IMoss, of Victoria, states that during tbe year 1870 be was eiigag 'd trading ori
the coast near Bella Bella during the months of March and April, when ho saw liuiulrods
of fur seal pups from ,", to 5 months old, wliieb had become separated from tiicir
niotiiors, and on account of a heavy storm were blown on shore and caught bv the
natives. Captain Alexander McLean, of Victoria, states that he killed a number of t'ui'
seal pujis oil' Ca|)e Cook, which had likewise been blown ashore during a storm. .lame^
G. Swan's Keport for 1880 and IS8:3 goes to show that the Indians of Cape Fhittcrv
capture fuf
impossible t
states they
Mr. Swan sp
that there ai
while in Beh
the fact that
seals.
My Lord,
1 HAVI
United States
fur-bearing an
section 1956
The llevt
"Rush," in 01
Tira Ala
orders of the R
lier instruction
purpose of " we
section 1966
found to be, or
tlieruin."
Section 19i
any otter, mink
Aia.ska territory
offi'nce, be fined
more than si.v n
found engaged
Treasury shall I
orther fur-bearii
it shall be the di
tbe execution o
slialJ he grant ai
The Comm
the 2iid Marcli, 1
tlie protection of
provisions. The
upon receipt of
Keveniie-steamei
Point Barrow, AI
lisherics, and wi
|iie|)aredat the 'I
[128]
l;,«50
a3,i;(i
11, wo
12,231)
i.'i;o
1 2,1)110
■js,;jii
lli.MO
3,',I20
i;o
■24.7IJ0
2.3(10
7,150
12,5U0
12,ltt
C,000
11,9511
11,211
21,3W
2ll,S]ii
srj.'ioo
;,5iio
2,i;2j
3TH
lull
2!<0,433
Paul, ami
|*he.sc umll
pt ojiinion
I have liiiilj
tliis iioiut.
ratliiiiC ""I
lllllulrOll^
Irom their I
Iht by the
])er of fur |
.laiiu'^
Flattciyl
257
capture fuf seal pups each season, and keep them as pets around tlic camps. Tt is
inipoMsible tliat these pups may have come from Behring's Sea at that age, as Mr. Elliott
states they do not leave the islands before the month of November, and those that
Mr. Swan speaks of are caught early in the spring. The majority of our hunters contend
that there are over 7 jer cent, of pups in the entire catch of fur seals on the coast;
while in Behring's Sea the catcli does not exceed 1 per cent. But they cannot deny
the fact that over GO per cent, of the entire catch of Behring's Sea is made up of female
seals.
No. 199.
Sir J. Pauncefote to the Marquis of Salisbury.'— (Received June 3.)
My Lord, Washington, May 24, I88d.
1 HAVE the honour to inform your Lordship that the steamer " Rush," of the
United States' Revenue Service, has been ordered to Behring's Sea in order to protect the
fur-bearing animals in the territory of Alaska or in the waters thereof, in accordance with
section 1956 of the Revised Statutes.
The Revenue steamer " Bear," now fitting at San Francisco, will shortly follow the
" Rush," in order to assist her in this work.
T have, &c.
(Signed) J. PAUNCEFOTE.
Inclosure in No. 199.
Extract from the " Washington Post " of May 24, 1889.
Tira Alaskan Skal Pisiieries. — Secretary Windom yesterday signed the sailing
orders of tiie Revenue-steamer " Rush," directing that she sail immediately upon receipt of
her instriiction.s to Ounalaska, and then to cruize diligently in Behring's Sea for the
purpose of " warning all persons against entering such waters for the purpose of violating
section 1966 of the Revised Statutes, and arresting all persons, and seizing all vessels,
found to be, or to have been, engaged in anv violation of the laws of the United States
tlierein.
Section 195(3, Revised Statutes, referred to above, provides that " no person shall kill
any otter, mink, marten, sable, or fur-seal, or other fur-bearing aniniaB within the limits of
Alaska territory, or in the waters thereof ; and every person guilty thtreof shall, for each
offence, be fined not It-ss than 200 dollars nor more than 1,000 dollars, or imprisoned not
more than six months, or both, and all vessels, their tackle, apparel, furniture, and cargo,
fouiul engaged in violation of this section shall be forfeited ; but the Secretary of the
Treasury sludl hive power to authorize ttie killing of any such mink, marten, sable, or
oitlier fur-bearing animal, except fur-seal, under such regulations as he may prescribe, and
it shall be the duty of the Secretary to prevent the killing of any fur-seal, and to jirovide for
the execution of the provisions of this section until it is otherwise provided by law, nor
sliiill he grant any special privileges under this section."
The Commanding Officer of the " Rush " is also furnished with copies of the Act of
the 2nd March, 1889, and the President's Proclamation of the 21st March, 1889, regarding
the protection of the seal and salmon fisheries of Alaska, and instructed to enforce their
j provisions. The " Rush " is now at San Francisco ready for sea, and will sail immediately
upon receipt of the orders, which were mailed at Washington yesterday atternoon. The
I Revenue-steamer '* Hear," which is now titling out at San Francisco for an expedition to
Point Barrow, Alaska, has also been dtsignatcd to assist in the protection of the Alaskan
tisherics, and will follow the "Rush" in a short time. Her orders are now being
prepared at the Treasury Department.
[128]
I
■K
yf"
I
. i : ■■•Ml 'T. I
j^
No. 200.
Consul-General Booker to the Maniuis of Salisbury, — {Received July S.)
My Lord, '' ■' '" '■-■■'■■■ •■ ' > 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 resum<!' and rccomtiiendation of the Minister
of Marine and Fisheries, and they advise that your Kxccllency be moved to forward a
copy of this Minute, together witli the inclosures, to the Right Honourable the Secretory
of State for the Colonies.
The Committee further advise that the High Commissioner for Canada be directed
to place himself in personal communication with the Secretary of State, so as to aH'ord
him any further information that may be desired, all which is respectfully submitted for
vour Kxcellency's approval.
(Signed) JOHN J. McGKK, Clerk.
Privy Council,
riff
Affenoioes.
50th Congress, 2)id Session, H. li. 1 2432.— (if^port No. 3883.)
In the House of Represent.vtives.
January 29, 1889. — Read twice, recommitted to the Committee on Merdmnt Marine and Fisheries,
and ordered to be printed.
Mr. Dunn, from the Committee on Merchant Marine and Fisheries, reported the following Bill : —
A Bill to Amend Sertion, 1963 of tlu Revised Statutes, ami to provide for the Letter Protection of the Fill
Seals and Sftlmun Fisheries of Alaska, and far other Purjiosix.
BE it enacted, by tlio Senate and House of Representatives of the United States of America in
Congress assembled, that section 19C3 of the IJevised Statute.s of the United States be amended so as to
read iw follows : —
" Section 1963. Within oiw year j)ri(ir to the time when the lease heretofore made by the Secre-
tary of the Treasury to 'the Alaska Conniiercial Company' of the right to engage in taking fur-seals
on the islands of Saint I'aid and St. George, punsuaut to the Act of tlie 1st July, 1S70, chaiiter 1S9, or
when any future similar lease expires or is surrendered, t'orti'ited, or terminated, tiie Seeietury of the
Treasury shall lease to j)ropcr and responsilile parties for the best advantage of the United .States,
having due regard to the interests of the Government, the native inliabitantM, tlieir comfort, maintenance,
and education, as well as to the interests of the parties heretofore engaged in the tmde and the jirotec-
tion of the fi8herie.s, the right of taking fin'-.seuls on the islands herein named, and of sending u vessel
or ve.ssels to the islands for the skins of such seals, for the term of twenty yeais, at an annual rental of
not less than 50,000 dollars, to be reserved in such lease and secured by a deposit of United States' bonds
to that amount ; and tiie additional sum of uot less than 3 dols. 50 c. for each fur-seol skin taken and
shijiped from the i.slaiuls of St. I'aul and St. tJeorge during the coutiinianee of any leiwe to lie paid into
the Treasury of ti;e United States, and every such lease "sUaTl "bo lltltv Executed in duplicate and shall
not be transferable ; and the Secretary of the Treasury is empowered to nuike all needful liegulations
for the collection and payment of the sui-ie, and to secure the comfort, maintenance, education, and pro-
t«ction of the natives of those islands, and also to cojry into full efl'ect all the provisions of this chapter,
m i
Jil
m
Sf9
t
rxocpt tiH otluirwidc jinwrilKMl. Ami lu' hIihII jiivc at least sixty iluys' iiolicttof tlii! luttiii^ of Haiti Icaso
l>y )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("<idi'nt, ill ii liiiicly ncuhiiii in curh yciir, to i^Hiie IiIb I'rocliiniiition and iiiiuxc thp
HHinu to lio piilili.sliud lor one month nt IciMt in unu ui-WHimpcr (if iiuy huuIi tlicro liu) imlilislicd ut cuch
Unitcil Stall's' port of entry on tlio I'ncitiu const, wnrniii},' ail {lorKonH iigiiinHt iinturin}{ lliii wattTH tor the
|iur)iosti of violiiiiii;; tlir piuvi.iionH of said Ki'ction ; and lie sliall uUu causu onu or uiori> 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 provi8i<ins of said section U.I06 Keviaed
Statutes : and I heivliy pruclaim that all iiei-sons found to bu, ur to have been, enpi^'ed in any violiitiuu
of the law.<< of (lie United States in said waters will be iirrvstud and punished as atiove provided, and
that nil vessels so einplnyeil, their tackle, apparel, furniture, and car^joes, willb«! seized and forfeited.
In testimony whereof I have hereunto set my hand and caused the seal of tho United States to U
ullixed.
Done nt the (Jity of Washiugtou, this 2l8t day of March, 1889, and uf the ludependeaco of the
United .Suites the 113th.
Bj tko I'resident,
(Signed) BENJAMIN HARRISON
(Signed) James G. Blaine.
Stcrttary of Statt.
Apjwndix (F).
Extract from Utport 0/ Committee on Marine and Fisherif,<t, p. 12.
IT havinp been claimed by tho Canadian nuthorilica in their brief relating to the seizure of
Cnnadiiin vessids in Hehrinn's Sea by our l!uveuuu cutlers, that ex-Seeretary Boutwell had decided that
the United Stales had no jurisdiction over i>Llr.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<ipers relating to Behring'i Sea Fuhcrics," Washington, Government Printing Office, 1887
Pakt V.
TlIK following cori-espondence shows the position assumed in 1872 by the Treasury Departm"iit in
relation to the extent of jurisdiction of the United Slates in Alaskon waters: —
•' Mr. Pheljis to ifr. Boutwell.
" Customs Hmtse, San Francisco, Collector's Office,
" Sir, " March 2b, 1872.
" 1 ilceiii it jiioper to call the attention of the Department to certain rumours which appear to b«
well aiitlieiilicnieil. tho sulwlimcr of which apjieurs in the printed slip token from the 'Daily
Chronicle ' of this date, licrcwith inclosed.
" In nddil
of nniitlicr wh
timl, during lli
fniiii I lie sontli
niiiiiliers, and 1
Ali'iilian groin
"The obj
norriiw piissaj,'!
Wilful Indiiins
the iiiiiiiiier of
"Tliii evil
from llie deslri
(li'slriiiiion of
10 tlie Iitl'inds I
" Il is lieli
thii' if tile)' II n
II' iiiovi' north
liiiiiiil.-^, and sill
ii|i|ici<ili' the I'r
111' fiir-.seals.
•Tlint (he
till' Seals from t
uliiiji is here 1 1
irviline derived
Si'iielarv of tli
lislli'lies. does 11
iitlii'i's I'loiii dii
^I'l'ielarv deem
stcnin-ciitler \mi
Oniiiiiik I'ass an
" It is stafei
i'\|H'ilition for tl
I/)ii(l(iii iind the
Hut a few days 1
.Villi h I'aeific"
liT Hie past weel
■■Sir.
"Your lettc
certain rumours
Mill the Hawaii
and St. George tl
evil resulting to
1)0 sent to the re;
" A very ful
Department, and
inasmuch aa the
homeward travel
accustomed resor
"In additioi
off parties going
the shore.
■' As at preac
I you to comrauuic
upon tho subject.
Sir,
I I AM diret
I of Salisbury, an
J alleged seizure
[128]
278
" III mlilitinn to the novernl ftclioinus monliniuid in tliifl pnpor, information haa rnmu to thii Otiico
iif nnotlior wliiuli in Ihmiik nr){iiiii/i'ii itt tint Iluwitiiiin ImIhihU fur tlin siiinu <'ur|Mi.s». '>, 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 Islan<ls, which lie just
,i|.|iiisiie the I'riliolov Ki'or.p. near tli ast of Kamsclialka, owned hy Itussia, and are now the liaunta
(if far-seals.
•That the successful |iroseciili(iii iif the ;i'>ove-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<r a settlein ent of
August 5, 1S89.
I'd instant, with its
be Colonies by tlie
zure in Behriug's
3s' He venue-cutter
er, that despatches
Ottawa, and Lord
tticial statement of
ijesty's Representa-
the precise position
of the case of tlie
ich no information
iwith.
V. LISTER.
)
August 8, 1889.
liziire of the '• Ulacl(
ransmit to you, tor
was addressed to I
with a copy of one I
N BRAMSrON.
I, August 6, 1889.
at once full informal
with these cases.
Not printed
.il hyntiv..: vj*!.*;^ titifi ar
275
Inclosure 2 in No. 204.
August 7, 1889.
"' "' ' Lord Stanley of Preston to Lord Knutsford.
(Telegraphic.)
CASES of " Black Diamond " and " Triumph."
Newspaper reports appear substantially correct.
According to private telegram from Victoria, seizure of " Black Diamond" 70 niileH
from land. I have not yet received from Ottawa official Report asked for by telegram.
No. 20
'■).
Colonial Office to Foreign Office. — {Received August 9.)
Sir, Downing Street, August 9, 1889.
WITH reference to your letter of the 18th April last, requesting to bo supplied with
information as to the extent to which vessels belonging to British Columbia were engaged
in seal-hunting in Behring's Sea prior to 1886, 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, upon the subject.
Lord Salisbury will observe that the last sub-inclosure to this despatch tends to show
that the shooting of seals in the open sea is not the wanton and wasteful destruction of
seal life which it is alleged to be by the authorities of the United States.
I am to request that the inclosures to the Governor-General's despatch, which are
forwarded in original, may be returned to this Department when they have been printed
at the Foreign Otfice.
. .- , . I am, &c.
(Signed) EDWARD WINGFIELD.
Inclosure 1 in No. 205.
Lord Stanley of Preston to Lord Knutsford.
My Lord, Neiu Richmond, P.Q., July 20, 1889.
WITH reference to your Lordship's despatch of the 27th April last, transmitting a
copy ol a letter from the Foreign Office requesting to be supplied with information as to
the extent to which vessels belonging to British Columbia were engaged in seal-hunting
in Belir'ng's Sea prior to 1886, I have the honour to forward herewith a copy ot an
approved Minute of the Privy Council concurring in a Report of my Minister of Marine
and Fisheries on the subject.
I have, &c.
(Signed) STANLEY OF PRESTON.
Inclosure 2 in No. 205.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency the
Governor-General in Council, June 29, 1889.
THE Committee of the Privy Council have had under consideration a despatch
dated the 27th Aprd, l>'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 ri<j;ht to sucli jurisdiction be waived or abandoned, seals once in I^ehrin^'s Sea aro aa
much tht^ iiroperty of llio United States as the islaials tliemselves, mid should be no less zealou.sly
i;aai'iled than are tlie Newfouiidlaud cod banks by the Dcaiiiiiion of Ciiiiiidii. Unless so fiuarded
ciiartered rij,dits will not only bo impaired, but a source of large and perpetual rovcnuo to the (Jovein-
iiieiit utteHy destroyed.
Appendix No. 2.
Extract from tlu Report of tlie Oovenwr of Alaska for the Fiscal Year 1887.
Protection of Fur-Seal.
IN connection with these seizures, from which it seems to me no other inference can be drawn
than that our Government is (lotermined to assert and maintain the right of exclusive juri.sdiction over
all that portion of IJehring'.s Sea ceded to it by Itu.ssia, I can only reiterate that jiart of my hi.st Annual
iteport in which I essayed, rather feebly I fear, not (jrily to .show the necessity of such a ]ioli(y to the
preservation of the sea-fur industry, beo the wrong its alKindonnient wouhl inflict upon the very
consiileralile number of native people who wholly or in large part depend upon it for a livelihood, and
wlioni, it appeai-s to me, it is tho duty of tho Government to protoct.
In view of the fact that tho seizure of these vessels and their forfeiture has raised an international
iluc.?liou of grave iniiiortancc;, I have though., it projier to include with this lieport a copy of the brief
aabiiiitte(l by t' ' icen's (Joun.sel in the case of the liiitish schooners, together witli tlie arguiiieiit of
the United States Attorney and the opinion of the Court, llonouralile A. K. Delaney, Collector of
Customs, having been designated as special Counsel on account of the illness and suljsequeiit death of
(Colonel M. J), liall, Unitei' States' District Attorney, represented the Governnieiit, and made what I
lliiiik will be generally conceded a most able and forcible, if not wliolly unanswerable, argument. (See
Aiipendix C.)
Appendix No. 3.
Report of the Cruize of the Revenue Marine Steamer " Corwin" in the Year 1885.
■ ;\ ' (Ex. Doc. No. 153, 49th Congi-ess, 1st Session, pp 17 and 18.) ' -i-^
DUEING the year quite a number of vessels have raidul Alaskan waters for seals and other fur-
bearing animals. Among the number the following, with their catches, are noted : —
" Look-out," 1,100 seals ; " Mary Ellen," 2,309 seals ; " Favourite," 2,0(i5 seals ; " San Diego," 1,72,'.
seals; " Sieri'a," 1,312 seals; " Vanderbilt," about l,OJ0 seals; "Henrietta," about 1,200 .seals;
"Alexander," 600 seals and 107 sea-otters; "Otter," a few seals and about fifty or si.vty sea-otters ;
with the " Adele " and otlier vessels yet to hear from. , , .
ly
i:
! dii
3 i ' !
,.Mii
li '
280
"Thus it will lie seen tlmt iipwnrils of ten vessels were engaged in unlawful sealing in Alaskan
wntei-s (luring the jircsent year, nnd I am convinced that next yenr the nuinhor will be uonsidfinlily
incrensed.
" Ituniours are onrrent here tlmt the Anierienii f'ousul at Victoria has informed dillcrent jnnpli.
that they are not proliiliit<'<l liy law from scaling in Alaskan or other waters, provided they keep iiKiro
than I leagues from tiie shore. Encouraged by tliis decision and the success of tlic maratr.ling scalers
during the present year, ]iarties in Victoria are lilting out vessels (two or tlu'ce being stcam-scliooners)
to engage in the business next year. Not only arc seals killed out of season, but the}' are sliot in the
water, and young and old, male and fenuile, killed indiscriminately, all in direct violation of ScctiiiiK
1900 nnd lOlil, Revised Statutes, and all tending, if allowed to continue, to drive the .seals from llicii
regular haunts,"
Appendi.v Nri. 4.
If'fi I'll III ini'x " Tii/i III Alii^lii," jip. llli iiiiil 117.
(I'ldilislied at Doston anil New York in 18fi4.J
SEA OTTElt ISI,.\N'I), lying about ."i miles sontliwanlly from Si. Paul's, is another landing-place I'nr
the fur-seal, but oidy to a limited c.Mcut. Owing In the fact that it is not jicniianeiitly iMliabitcii.sniiii
nuirnuders wen! in the haliil of landing (ai the cijiposite side, where llicy coidd nut be seiMi liiiiu
St. l'aur.s, and killing whatever .seal they c<add luid, without regard In sex, age, or ccaidilinn. Tlic
Company re|M)rted tlicse facts Id the. Sccr'tary of the Treasury, whn decided that Ihe inlcntinn nl' iju'
Act under which the lease was antlinri/.cd apjiearcd tn be to give all the islands of IJu' group to (lie
lessees for the regulation of the trallic and |irescrvation of the fur-seal. Then, as the Company mulil iint
defend Sea Otter Island, the! loveinmeui, was asked to do .so, and now the ]iraclice is to lease a Itcvcniif
nmriue guard there diirini; the sealing .season.
Appendi.x No. 5.
Exlmct from Home K.itrntiir Jhcumnil-i, '2nil ,Sin,-iio)i, iSlh Coiif/resx, 1884-85, ml. 2U.
Letter from the. Secrefnry nf the Ti-enHwij rehitiee le, the Pvalection of Sen! mid Kiifnreniieiil of Lnirt in
Alaulu, mill reemniiiendiiii/ nii upprniiritition of 25,0(10 ilnlltirs for the f'ereiiiie Mneine Sereiee in
that Territory, Fibrmiri/ 24, ISH.'i.
(Ex. Doc. No. 252, 48th Congress, 2nd Session.)
REVKNtrE M.MlINi; Sehvice. — In this coiniection I beg to call the attention of Congress to tlic
importance of the work ]perf(irmcd in Alaska by the Hevenne cutters. The seal lisheries yicdcl aniinally
to the Govennnent a revenue of about .S(l(),0()(l dollars. The islands on which the .seals arc taken
are protected from incursions of marauding S'e.ssels alone through tlu; cruizing of the IJevcmu'
cutters.
Appendix No. G.
L'ejwet of the Crnke if the llerennc Murine Steamer " Corwiii " in the i/mr ]8,S5.
(Kx. Doc. No. 15:!, 411th Congress, 1st Session, p. 15.)
ON our arrival at Ounalaska on tlic 15lli, tja- steamer " Dora" was in poit, ami threes days later
the schooner " Alatlie Turner " arrived. The "Turner" rcpa ted liaving .seen, ;hree weeks prcviuii-, :(
schooner betwet^n the .seal islands and Ounalaska, and lIumgliL she might still lie cruizing in lli:i;
vicinity for the janpose of killing .seals.
Apjiendix No. 7.
" Neir York Heriilil" Jimc 7, 1889.
M«. Blaines "E.MnAHii.\s.sMENrs."— The '^Tribune" admits that the " Herald" is right when it
assumes that the State Departnu'iit will lie embarrassed by the action of the jn-evious Administration in
dealing with the Bchring's Sea ipiestion.
That is to say. Secretary Blaine, if he undertakes to negotiate with England on the theory that
Behriug's Sea between the Straits and tlu! Aleutian Islands is a land-locked or closed sea, will bo
confronted with recent confessions by Mr. Bayard that it is an open sea, and that its fisheries are to k'
regulated by international action of the leading Maritime I'owei-s.
Very true. It is less than two years since Secretary Bayard invited a number of foreign Powers
into some arrangement with the United States for the protection of the Behring's seal fishenea. Thftt
281
was II distinct ndniissioii on thu ]mrt of tliix (iovernnu'ut, nml a sjXieifir iinnniinciMuunt to tlio I'owcrs
mlilu'ssetl that tlie United States did not claim oxcluHivp jurisdiction over tlio wators, nor assume any
oxc'liisive riglit to regulate tliu fislieries. And in kcopiu},' with this view wiw tiie action of tiio (Jovern-
me'it in orderinj^ tlie release of thu Canadian sealers ..eized by our crui/.om. Of coiirse all this will
iiro. I'tly and with reason he cited against Secretary lUainu if he now abandons the jiosition and
uiidw takes to maintain the contrary.
but this is not all that will Iks cited against the Secretary to his " enibaiTassinont.' lie will be
(•niifronted iiy thu fact tiuit the United States more than sixty yeaw ago emphatically denied (he claim
of IliiHsia to exclusive jurisf'.iction, and never conceded that claim while liussia owned Alaska, lie
will lie confronted by the fact that this (iovernnient asserted n similar )irinci|ile in tlie case of the
lildck Sea a)id that of the llaltic. He will further be confronted by the geogia|iliiciil fact tliat
iU'hriiig's Sea is an open sea, and by the uuivei'sal principle of international law thut lui open sea
caiiiiiit be owned or controlled by one nation without tlie consent of other nations. La.stly, Mr. lUaiiie
nil! lie " embarrassed " by the fact that he i.s the first Secretarj- of State to advance the claim that
Hi'liriiig's Sea is a closed sea, subject to the contiwl of the I'nited States.
Hut, says our wntemiiomry. President Harrison's recent Proclamation, which is ba.sed on the Act
of Congress of tlie 2r.d March, 1HS9, " emiicdies the claim to exclusive Jurisdiction." Well, sujipose it
lilies. Tiiat cannot helji Mr. lilaiue much in his controversy witli Kngland. A claim asserted by
Ciiiigress or the Prc.iid"ut, or both, has no more international force than a claim asserted by the State
l)i'pi»rlment.
l!ut does tho Act of Congress of the 2nd March, on which the President's Proclamation rests,
luiscrt the right of control over Itehriug's St^a ! It asserts the right of control over " all the dominion
of the United States in the watein of Itehriug's Sen." Xow the extent of the dominion of the United
.States ill those watei's is the very point in issue. The previo\is Act imssed in ISCiS, immediately after
tho purchase, applied to " the watei's of Alaska." If the Amendatory Ai't of 1S8'.) was intended to
a.<seit a lai'ger doniiiin than that of 18G8, to declare in favour of exclusive jurisdiction, will not
Mr. Pilaiue be also confronted with tlie ai'gumuut that this claim was not asserted by Congress till this
year !
Ilowover, we hoiie that Mr. Hlaiiie will be able to overcome his many ''emliarmssmeiits" in the
ciiiitrover.sy. and to satisfy Kiiglaud and the other Powers interested that his claim is well grounded,
lli'hriiig's Sea is a gi'ent body of water, and its tislieries are very valuable. If we can .secure control of
i; with foreign consent, so mueh the better for us. liut it looks as if Mr. Hlaine liad a big undertaking
oil iiis hands.
" NeiP York HenM," Mni; 21», 18S!).
TilK Hf.HHINii's Sk.\ Qi'ESTioy. — So it seems Secretary Hlnine liiw decided that Heliring's Sea is a
jiinrc rliiit.ium, or dosed sea, over which the United States has exclusive jurisdiction and absolute
eoiitiol. No one, native or alien, but the Alaska Company is to be allowed to catch .seals in those
wiitors, and any vessel, American or foreign, found violating this prohibition is to be seized.
Can Mr. I$laiue successfully niaintiiin this claim in the diplomatic controvere}- which its
announcement must provoke ? (Jan our f Jovernment undertake to luiforco it without inviting a
fiiruigii war ?
The claim is against universally it>cognized 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 Alasl<a Comniorcial Company of Sau Fnincinco.
Tiii'st' islaiuis ari' so far away from tiio ea.storii pari of our country that tho jiriMit majority cif
merchants ami l)usim'.s.s nu'u i\now companitively imthinn about tliis j,'rcat industry, and the profits
comu'ctcd with tlu- .sanu'.
The writer, durini,' tiic past two or tiirco years, ha.s met ii f^re.at nuiny ea-stern visitors to our cnnst,
nnd whenever the question of thi^ fur-seal fisheries has lieen l>r(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<ls, Imt to those of the Aientian Islamls, Kodiar, and the
nminhiiid; that tiio fnr-seal industry will iiave paid into the Treasury over S,()()0,()(IO dollars durinj;
the period of the present lease; that the chief oliject of the purchase of Alaska was the acipiisition of
tiie valuahle products of llelniii<,''s Sea, that at the cession of Alaska to the United States the Itussiau
title to llehring's Sea was perfect niul undisp\ited, and that hy virtue of the cession the I'nited States
accpiired complete title to all that poition of Hehring's Sea sittiated within the limits prescribed hy
Treaty.
In roviewinjj this part of the lie])ort we mv. not jirepared to say that the Conijiany has not fulHllefl
nil of its ohligntions to the (Sovto-nniunt, certainly it shouhl have done so with the jn'ofits connected
with this uionoiMjly. This jiart of the Report was, as we uuderstaiul, the result of an investigation
uf the charges made hy (Joveruor Alfi^d I'. S'vineford, of Alaska, against the Alaska Commercial
t'oiapany.
We hereby republish (iovernor Swiueford's rciply, as published in various papers previous to this
date : —
(Iovernor Sinne/ord's lirporl.
The annual Kei)ort of (iovernor Swineford, of Alaska, on the territory and the operations of the
Aliiska Commercial Company was laid before both Houses of Conjjress on the lOtli January.
The (Iovernor reattirms and emphasizes the accusations heretofore made by him against the (Jom-
|iaiiy in its dealings with the natives other than those living on the seal islands.
Concerning the treatment of the.st! he has no word of complaint. He also says that the Company's
Cutitniet with the fiovernment relative to the taking of fur-.seal is, in his opinion, faithfully observed.
The Comjjuny's treatment of the mainland natives he characterizes as unju.st and cruel in the
extreme,
Keferring to the denial of the charges against the Company in his last annual lleport, he
says : —
" T now and here reiterate every one of those charges, though 1 know full well that an inves-
tijjiilion made by a Committee of Congre.s.s, holding its sessions in Washington, and calling as witnesses
iiiily tliose who have been recii»ients of the Company's favours, is not likely to arrive at any just con-
dusiiiii as to their truth or iidsit}'. I can only .say that each and every statement I have uaule
lonceniing the operations of the Company is susceptible of the clearest and most convincini; , roof, but
the evidence will not be found lying around loose in the cities of Washington and San Francisco. It
naist be .sought for among the jieople who have sulfered from its op|iressions rather tiian in the [lei.wns
nf tiiose who have had free transportation on its ships and been wined and dined at the tables of its
iitticcrs and agents. A Siib-Conniiittee of Congn^ss going over the route taken by me in the recent
tniize of the ' Thetis,' assuring the people of protection against still greater oppression after its dei)ar-
tiire, will have no dithculty whatever in finding the evidence to prove the truth of every statement I
have made."
The ]{eport for 1887 above referred to was published in the " Fur Trade Review " for July
1887.
The " Fui' Trade Review " can be obtained by addressing the publishers. No. 35, Hond Street,
Now York City.
In referring to tlie part of this Report where it is claimed that the fur-seal industry will have paid
into the Treasury over S,0()0,000 dollars during the ])eriodof the present lease, we claim this part to be
fiilse. The (lovermnent has not, atid will not, have rect'ived it at the end of the leii.st^ and taking the
Alaska Commercial Company's reply to (.iovernor Swiueford's charge in referring to what they have
[Mid, the Alaska Commercial Coni]iany says : —
" As this part of the subject bears upon tlie Company's relation to the (_lovernment, we may bo
excused for here calling attention to the fact that the total annual tax and rental jiaid by this
('(mijianyto the United States from the 1st July, 1S70, to August 1MS7, amounts to .''),290,73S dol. 4'J c.
"Calculating that the full mnnber of fur-seals for the next two years be taken, we will have paid
the full sum of 5,'.12r),736 dol. 49 c."
See pp. 11 and 12 of reply of the Alaska (jomnuacial Company to the charge of (Joveruoi
Alfred E. Swineford, of Alaska, against the Com])any, in his annual Report for the year 1887.
Now, this is copied directly from the Alaska Connuercial Company's rejdy. Taking their own
fijnu'os for the same, where they only claim they will liavi; ))aid into the Treasury at the end of their
lease f>,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 |ii<i'
tliiiir own I'NtiiiiuU' mill HtiitciiiiMit
'riiiM iiiiiHi lie tcnii'ii.
W'l' llit'ii tiikr III)' iimiii'V |>uiil 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.<i woiilil ,uive expense a hiir estimate until j^'oods are
laiil in S.in Francisco. We will allow 1^ |H'r cent, insiirmicu to Lonihiii on, .say,
l,"_'r)t),0(ll) tlollais, which woiiliI pitihahly he the extent that the.se skins could he insinvil
fur, and which amonnts to
When the skins arrive in San Fnincisco they are |iackcil in cask.s, especially iimde
for this imrpose, which contain on an avera^ic 40 to 4."i skins, t.'allinjj 40 skin.s. This
Wduhl make '.'.•"lOO casks. San Francisco niarket valne of same is 2 thd. liH e. each,
making total exiien.se
We will j-ive expense of ]iackinn in ciusks, tlraya^;e. mitl stoiiifjo in San Francisco
The fit'ij;ht at present lime
lenl-skins in iiickle, is 2 cent.'
anil takinj.' this as a liiisis, they would make nearly 1,(100,000 Ihs., at 2 cents pur Ih.
\Vc will say it cost one-half this iimount to lay and ilelivt'v Ihcin in London via
steamer from New Vork, which, we think, is a liir^'u estimate
This lays them in IamuIoii reaily for sale. The ]inrt;ha8er has a disuuunt of 2.J jiur
cent, alliiwetl him, which is detluctctl from his pnrehii.se. This wonld make on
1,800,004 ilol. 2111)0 c., aiiuamt realized for the .skins
(", M. Ijinipson and Co.'s chai),'es for commission on the sale of .salted ftir-.sual
skins, which include iiisiiinnce, sloiiijje. itc, alter the yoiKls ait; tielivercd to llieni, is
4 per cent.
This j,'ive» total expense of catchiiij,', curing, and inarkutino the 100,000 souls
The estimate of. cost
Discount, 2i (ler cent. ...
(.'ummissions, i&c, C. M. I.Hm]ison and ijo. ...
' Lalxiur of the natives ...
The fit'ij;lit at present lime hetwceii San Fianei.sco ami New York, in ciirloati lots,
fur senl-skins in iiickle, is 2 cents ]ier II;. When packed they will averiijje nearly 10 lbs.,
1>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. ,,
2<l
,, .,
K.'k. .,
81
,, ,,
8.1». .,
:.7
,, ,,
H2». .,
hi
■ 1 1,
HI.. „
Hll..
7«».
7H..
77..
7f^r.
JM.
74».
7.1..
70..
fi9..
AH*.
ti7t.
All..
n.i..
I>4f.
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<j ilijiii;.
We undei-stiind the objection nntde to the private sealers is iniide by tlio.so who do not unduistaiul
liuw the hunting of .soul is done. The rea.son for the objection is, that the private seuler will dcntruyl
all the senls and break u]i the seal rookeries. We lusk : Has there ever been a seal rookery broken iiiif
and dostitiyed by hunters with tire-arms when used at sea from 10 to 20 miles away from the rookcrii's.j
and in most instances 50 miles away from the rookeries i We answer, Xo; it never has been iliuic.
and never can hv. done. In all coses where iiKikeries have been broken up it luus been done by lulllt('^|
directly on the beach wliei'e the seal land, und by hunting and killing thorn iiidi.suriminately, .so tiiatl
they could not land and have their yoinig, and cai-e for the same. The killing of seal from 1(1 to 2iil
miles away fitim the rookeries is unite another thing. The seal there is not at the iiierey of tluj
hunter, as it liiis plenty of sea room, and is able to take care of itself, and is no easy game to ciipluiv,!
even by the most skilful hunter. This will lio understood when it is considered that 2,500 seals is aii|
exceptionally goixl catch for a vessel carrying twenty-one men, who are generally out seven or cig
months getting this numy. This shows that the seal, when away from liuril and at sea, is a banl aiiiiniil
to capture, and that they can never lie exterminated by hunting at sea as now done, any iiion
than the ducks and geese otn Ije all killed, while uu their way to and from bi'euding grounds iu tbJ
Ai-ctic.
V
~:m
no
Kill
Mil
',111(1 nil
•l.MI
im
1 ,200 On
2b7
W(> 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' '<laiiK)iti'ii'd liy till' iiiiiilt'i'M '>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<f islands hack to
till' eastward as far as rniiiiak Pass, that hotweeii these islands are wide passii;,'(^s. .lowiiij; ve.s.sels of
the liii|;est dimensioiiH to pa.ss in mid out of the ilehrin;{'s Sea at will, a distance ol Hume 1,2110 miles
to the Silxjriau eoiwt, in ii direct wcHtwiml line. Hy earefuUy |icru8ing this ('hurt it must convince thu
1 <c('|ilical that our Govuriimunt lia.s no claim to the llehriii^''s Sua as un inclosed sea,
Wo now come to tlw <|ue.stioii of the jurisdiction of thu Boliring'.s Sun us taken hy our (Joverii-
1 iiieiit, cmiHfid hy the .seal [iiestion. For this reason thu Chart of the Xortli I'ai^ilic Ocuiin mid tho
IViiiiiiti's Sen is sunt to ynu so that it may .show just how hroad the claim our (iovernmeiit has taken
liutliis matter. Vou will notice on the Chart of the ISehrinn's Sea the line culled the United Status'
imaginary Iwundary-line, called this for lack of no hetter name. This line has liueii laid out or
iumj^'iiied to exist in aiio]ien.sua 1,2UU miles iicro.ss in its widest part, something never heforu claimed hy
any other I'ower in thu histoi-y of thu world. The iiiiiire.ssion has gone out that the ItehrinK's Sea is an
iiK'liised watiu', and under the full control of the TTiiiteii States and Uussia. Just how or w here this claim
Ins first ohtailied no one .seems to know. It sprang' into existence like a luiishrooni, and apparently
I Willi ahimt the same i-trenftth and .stnndiiij,'. Our (Iovernmeiit couhl, with the .same consistency, all of
aumlilen claim the eoiititil of the Oiilf of Mexico. It is considered i)y nil maritime laws that a nation
iiiii only control a certuiii distance of the sua from her shores. This hius Imjcii the estnhlished custom
I VII iiiaritime law for an indetinitu time, niid our (jovurninunt insists that our Americmi tisliermen
sluill have all rij^lit outside of the 3-inile limit fitim hind in the controversy hutwueii the Cnnadimi and
lAuiericnn tishermun, and would not consider the 10-mile.s headland ]ioiiit an aaked liy the Canadians,
Wt when they come on the Pacific in the llehrin>,''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<i ]iiiy for the dnmages to the Ciiiiiulians and her own citizeiiB for the losses
IllifV have sustained hy the seizure of their vessels und forfeiture of same hy our (Jo^erninent in its
|ai(i among the sealuis in the year 1887 in the Behring's Sea.
By what other rights has the United States to the Behring's Sea ? It is cluinied that Kussiii ceded
luid sold to the Unit«d States the full and absolute right and control of all the waters of the Behring's
ISwi. The (luestiou is, did liussia do this? J)id she sell this open sen, tho puhlie highway of the
kittlers, for an indefinite length of time in tlie [last, to the whaling grounds in the Arctic — the highway
f England via the Yukun Uiver to her possessions in the far north. She did not do it. She sold her
ights of the shoi'e-linu only, of which undouhtedly si i had a right to do. Russia, despots and tyrants
sthey have proved themselves to lie in all their deai ;8 with nations and private individuals, never
sand does not to this day claim or exercise jurisdic m of the Behring's Sea, except the shore-line.
|iinericnn, English, and vessels of all nations are alio- ..d to hunt, fish, and trade without molestation
itliu watei-s of Behring's Sea, adjacent to Russian possessions, providing they respect the shoitj-linc.
p* Russian Consul at ^'okahanla has in the past, and undoubtedly does at the present, issue orders to
^rties fitting out for hunting in the Behring's Sea, warning them not to intrude on the shore-line,
Wliiu 80 many miles froro shore, thus practically admitting that she ha- lo claim to this open high
■wM I
ti
r I
■iM
288
sua. r» not tins fiK^t iilnnc siill'u'iiMil I'viduiirn tliiit hIic never sold to tlie United Stiites wlml in imw
clainiud .slm sold I She sold wliiit she owned, iind timl wii.s llie nlini(!-Iii1l> 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<irts of Miss Kale Field oii the women of .\laska.
It should not be l'orj,'c)tten that this is the lirst instance in the hisl(M'y of the (iovernmont of tln'
United Stales in which it has ever pursued a |i,)licy tendini,' to create a mouo|ioly. All its laws
relating; to other portions of the p\dilie domain liavi^ liven franuul with a view to invite eonipetitioiiaiiil
jin'Vent monojioly. S'.ieh is the spirit which has actuated and f,'overned the jire-emption, homcsliMii,
niiucral, and other laws relatiin; to the ]iid)lic property. The theory has been that such ))nlilie iiropertv
has been vi'sted in the (iovernmeid, in trust, as it were, for all its citizens. The proposed le^;islatiiiii
with respect to the .Vlaska seal tislieries will be the tirst exception to this uuiver.sal policy. Imleeil
there is no species of the piddie property which has been more ]iecidiarly rei^arded as the cenuaim
lieritauie of all than the tislieries. Thus our (ioveriiment has Ik'cii for years jiast expendiiif; the mast
elaborate ellorts. in lime and money, to biiiii; about such an adjustment of the Kisheries ipicsiiuu
on the Xorlli Atlantic coast as will ojien them to all American citizens. It is at least sinjjnlar that,
the moment we cross the continent, this established public ])oliey should entirely ohanKe, and llic
waters of the I'acilie be erected into a monopoly for the benelit of a simple (,'orporatioii.
Ill conclusion, we cannot ladp but review thi^ fact that it would be vastly to the best interest nf
the Pacitic coast, and to the whole of the jieople of the United States, that the (loveniment should taki-
eliarne vif the seal islands, restrict the killini; to ,'iO,OIIO seals |ier year, abamlon the ]ire.sent bad peli(jy
of the jurisdiction of the whole of Itelniiin's ,Sua, and o]ien the Territory to its full develo]iment.
Our Ha.steni friends mi;;lil ask us how it would beiietit them. In the tirst place, it would open a
protitable field for the employment of your idle capital.
In the second place, lialf of the articles necessary to develop this Terrritory would be drawn fraiu
your mannfaetnreis, such as hardware, canvas for sails, ship chandlery, j^uns, clothing of all de.seriptiaii,
such n.s waterproof and oil elotliinjj, ami, in fact, all bmnobos of trade would derive some heiictit
from it.
In the third ]il,iee, it would open a litdd for the protitable employmeiit of hundreds of your yoim;;
men who are always on the watch for new liclds to ent»'r, so as to aeiiuire wealth and u competuuey.
We ask your careful attention of the facts set before you, and trust our efforts nmy not be
in vain.
('o]iies of this can be obtained by addvessini; 0. 1). I,add, ,"i'.".) and ."i;l|, Kearny Street, San Trail-
risco, California.
SiiliiiDii mid Siiil.
nil (■ii.«e was i
ciiiitriils of til
Mill nwf wlievi
the llcliriui^'s
(if criticism fi
fully iiiidersli
"Ii'icliard li'iis
iiiireiil'y repo;
;tt (liiiialaska t
IIHMC were jblll
t.lkeii ill the v(
llival ill jus! ire
willilioJdiiiL; of
"Ii'icliard liiisl
Viiliiiia claim
I'll'sjilc (he ,'!.]!
sliiVcil olllside.
mil' can In' misi
U'e iiiiw CI
mink, iiiirlin, s:
llr wafers then
" Aiiv pcr.si
lliiin l.linil dolli
\V(^ ask, wi
iiijiisliee that tli
11.1 1'liiiipared wit
its market value
iiii'iit for six nio
:i|)[ily to a jirosjv
ami are common
The (pie.stio
k'uriii;- animals
h\Y like this ha
mines, and this i
.\liiska sliould 111
tlwt white men .•■
iiii'aiis or other, \
I "lit. illiil the del
I |«rlics who woiil
iiiil make a siicci
I »iicii a native se;
lirliinlly eoiiside
"111 of Alaska,
iH'nil their furs w
if piissilile. h N
I ilii' ilevelopmciii
'■'"iilry for the In
■■'i"I'iiiiie.s. An
liist live in the
inMiiirecs of Aliis
Till' /»'(i(')',v/oH.f of the Law to hf atrictly ruforci'il.
IN referriii},' to the order, as i-eported, of the l.'ith March,*
ejiiird to the salmon tl.sheries. tlii.^
mention of dams would b(> 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<e<> 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 i<altiiun to tlieir B)mwninK Kniunilii, null attixfs a miiiinmiii peimltf I
of "J'tO (lolUf!) n liny for violation itiereof. L.i>t yeiO-, it is >aiil, eerlnili partiea, by tlie aiil of tliims, captured millions of tlsh, ami liieyl
»r»' rp(>orie<l to be nml(ini[ reaily 'or another ennipaign this yer.r. The mutter has been ref,»rred to th« Law Offii-cra of the Trea turj I
Oepartnient, who will nt onef prepare the le'ce^^arv oriiers for carrying into effect the provisions of thn Ant. The loflt seetion of thfl
Act, Senator Storkbriilge says, will he carried ont by the President in due time. Its adoption wot a matter of aerioiu concern tol
Congress, and it> 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 l<SK8 tJio
Mill
the I'i'liriii;,'''* Sra." Tlii-; hijiJi-liaiiiln
(if crilii'iniii lii'iii iiiir iii'«siia|irrs iini
fully iiiiiii'i'sloiiil. was tiail (lii'-ic sci/iin-i wen
"IJiclianl li'iish" li'tl San I'Vanrisin iIh' .'liil .Inly Inr iln riiii/i' in llii' lirlirinj,''M Si-a, ami i(. was
iiirrcMl'y ir|inrti'(l tliat llm Cajitaiii's in^lnicliuns wi'It llii' siinii' aw in 1XH7. I'|ii)ii llii' vc-si'l's aniviii
;il(liliialaHka llli^^ jiiilii'V was cliaiiLiril. mill nn vcs-ji'Im were seized in IHSS. llie siipjinsiliuii Keiie; tiial.
lldlli' well' liimiil Nvilllin tlie .'!-lllile linill. I'lV lllis ai'limi liie ( Inveiniiieiil lereded rinni llie e|'(ii|||d>j
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 <o|
No. -106.
Coloiiid! OJ/icr lo hoiciijii Offlcr. — [Ri'cpircd Awjust 10.)
.■>■
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 <if thr \.\\\a uf (he United
^ites thprein.
t Section lUrifi nf the Peviped Stitutes id as follows : ''Nn ppri^nn shall kill anv otter, mink, marten, sable or fur-si-al. or other
|fc^bfnrin^ nninuil withm the limits uf Alaska Territory, or in the walcr- thcrt'of, and every per»)on gudly thtreof shall, or earh
rftmr, he tintrd not le<s Ih:iii liOi) dnllars nor more than 1.000 ihilhir.-'. or imprisonment not more than »\\ niontli)*. or both, ami ail
whls, their taekle, Hpparel, furniture, and carirt*, found engaged in violation of tbjjt geeti n, »hall be furffirrd. hut t!ie Secretary of
itTreasury shall have power to aulhorize the killing of any eueh mink, marten, sable or other fur-bearlnif aulinal-, exrept fur-seil*,
idit such rejtulalionn as lie may prescribe, and i; shail bo the duty of the Scerclary to prevent tin; killiiiir of any fiir-stal. and U>
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 <il till'
igniii'-t all.
rnmiMit,ll!i'
esscls from I
lor Or.lor i
Govi'vim
of it I'l'oml
im lo ('<[''''
right ol' tlicl
the islauds
luclosure 2 in No. '207.
Messrs. Handy and Co. to the President of the United Hlates.
32, Claii Street, San Francisco.
UNDER the provisions of Articie 2, Section 2, of the Federal Constitution, as
expounded in six opinions (Attorneys-General, p. 3!i3), and in the case of ex parte
Garland (4 Wall, 333), we herewith respectfully apply to you to remit the forfeiture
adjudiied against our vessel, the American schooner " San Diego," her tackle, apparel,
luniiture, and cargo, in the District Court of the United States for the District of Alaska,
as appears by the papers on file in the office of the Secretary of the Treasury, which, by
reference, are made a part of this Petition.
The ofl^ence for which our vessel and cargo were judicially condemned was the kilHng
of fur-seals in the waters of Alaska, contrary to the Statute in such cases made and
provided. Remission and pardon are invoked upon the following grounds : —
1. That the offence was not, in fact, committed.
2. That, owing to the distance and inaccessibility of the place of seizure, trial, and
condemnation, and the ignorance of the master of said schooner, a fair opportunity did
rot offer itself to us to make an adequate defence against the condemnation.
3. That although the trial and condemnation were had imder a belief shared by all
parties to the proceeding that an appeal would lie for either party against the decision of
the District Court of Alaska, and although such an appeal was duly taken in our behalf
from the Judgment of Condemnation, it now appears exceedingly doubtful whether the
Act of May 17, 1884, which organizes a judicial system for the territory of Alaska,
permits rights of appeal in any case not strictly criminal.
i. Because the Attorney-General, in opinions rendered to the Secretary of the
Treasury under dates of the 19th March and Ifith April, 1SS7, has held that the remissory
mver conferred upon the Secretary of the Treasury by sundry |)rovisions of the Revised
jStatutes does not extend to our case.
From the foregoing summary of the grounds of this Petition, it will be seen that we
ire in danger of being for ever deprived of our property upon a doubtful state of facts
Uithout a full though a legal hearing, under an apparently mistaken belief on the part of
itlie trial .Judge and Council that means to review the decision of such Judge had been
provided, and with no other effectual remedy now left to us than to resort to the constitu-
tional power of the President to grant pardons and remissions.
It has been said by Mr. Attorney-General Gushing (() Opin., 488), that the
Ipower of remission is proper to be exercised in cases where doubtful questions of <a\v are
[involved, or where parties are so situated that a due process of law cannot or has not
EPn had.
Our case is at least within the spirit of this opinion on both points, firstly, because we
lad not had, and seemingly cannot have, one fair day in Court, and secondly, because if
wr vessel had been engaged in killing seals in the waters alleged (a fact which we deny),
■ "ould be extremely doubtful if such killing would be an offence against any law of the
''nitcd States.
Upon this point we refer to the decision of Mr. Secretary Boutwell, of the Treasury
[128] 2P2
Kill
.■:f
ft
m
I
If
292
Department, rendered in April 1872, wherein he held that the taking of fur-ser.ls in
Behring's Sea was not unlawful unless attempted within a marine league from the oiiore.
We need not remind your Excellency that the same position is held to-day by the Govern-
ment of the United States in the matter of the Canadian fislieries, and that the tliret
British vessels lately seized and judicially condcM\ne'i tor seal killing; in Bciiring's Sea have
been released in obedience to the uniform and unswerving doctrine of our Government
upon tiie question of what constitutes the high seas. When we add that our vessel was
seized in the same waters at the same time, and condemned in the same Court upon
precisely the same grounds as were these British sealers, recently set free, witli title
restored to tlieir owners, we believe that we have stated full, sufticient, and reasonable
grounds why tiic repudiated headland doctrine should not lie against us. Tiiere is no
pretf nee set up in the evidence submitted on the part of the Government that oiu' vessel
was scaling within the 3-mile limit, or was actually caught catching seals within the waters
of Behrin^i's Sea. In the case of the "Ocean Spray," reported in 4 Law., ]). l(),j,
Judge Ueady lield that, to constitute a violation of Section li.t.'ifi. Revised Statutes, uikIct
which law our vessel was condemned, there must be an actual killing estai-'ished.
Permit me to observe that if the forfeiture in our case shall be permitted to slanil,tlie
anomj.lous spoctacle is presented that alien persons and foreign vessels are permitted hv
our Governmont to pursue an industry and receive tiio mercy of pardon denied to citizens
and vessels of the United States. No such distinction in matter of right and law between
aliens and American citizens has ever been drawn by a Federal Administratioiv
The facts of this case, as shown by the papers in the Treasury Department, which tli,'
Secretary of the Treasury has not been permitted to examine by reason of the advcrsi'
opinion of the .'\ttorney-General upon the question of his |)ower to remit, are as follows:—
The American schooner "San Diego," of 3(i tons burthen, owned by Messrs. L.N,
Handy and Co., American citizens and merchants at San I'Vancisco, was cleared at llmt
port for a e;eneral hunting and lishing voyage in the North Pacific Ocean, on or about the
28th February, 188G. She commenced seal killing fjff the Fnrallonc Islands, about
20 miles from the Golden Gate ; continuing north, she hunted and fisiied on that ocean up
to Ounalaska Pass, which she entered about the 'J4th June. Turning westward toward
Copper Island, in the Russian waters of Behring's Sea, then heading eastward and soutli
of the Aleutian Group, she made her way into tlie Pacific Ocean, and sailed eastward till
Ounalaska Pass was again sighted. While operating outside this Pass, a coming storm
induced llic vessel to run through the Pass into Mehring's Sea for safety, where she was
befogged and without observation for three days. When the fog lifted, she was found to
be off Oiuialnska Island, 12 or 15 miles from any land. Hcr<> 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<lh( re to the contention that she did not take any seals in that ])lace nor anywhere
thcre:dniuts, because the evidence shows that not a skin was obtained in the whole of
MehrinuB Sea, ex-jept near Cojjper Island, in the Russian jurisdiction. When discovered
by the Revenue-cutter the vessel was entirely inactive, her sealing boats lashed on deck,
waiting lor an opportunity to get out upon the ocean to continue her bn-in.iss.
It would appear from the testimony of Lieutenant (.'antwcll, of the R';'venne-cutter,
^hat he asked the master of the schooner if lic did not know that it was illegal to take
seals around here, and he answered that he did not Know that it was against the la v so
long as he kept a marine league from the siiore. This answer suggests a possible inten-
tion of taking seals in that vicinity if opportunity offered, but the fact is that no s.iils
were taken, nor docs it aj)pear that any could have been taken u|i to the time of the
seizure of the vessel if the wish and purpose to take them had existed. It is very evident
from the v
seizures of
that voyng
n hunting
fact would
tion ; henc
transaction
Your
Alaska aga
of his oppc
1, Thi
oa hcaid,
Behring's S
in Hehrmg
.*ittcd and d
have been c
Ills sealing
Behring's S
fishing lawl
outside, tho
this argume
thought he
in finct even
."'. Says
Pass into lit
'i'his ut
of the vessel
through the
4. Says
represented
niony now o
This ar
opportunity
and argumer
them res|)or
Counsel retr
production
eaij)l()yed tlr
he (lid not ft
5. 'Jhe
the pending
This ari
there is no C
jurisdiction,
r>. 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<l with the Secretary of the Treasury the papers upon which we rely to
sustain the position taken therein, and convincing evidence of our u;ood standing as
citizens and merchants, we pray your Excellency to lake this Petitiou info prompt and
lavourahin consideration, and release us henceforth from the serious and coiitiiuiing loss
tliat we have undeservedly sufi'ered, and are suffering, hy the seizure and retention of our
vessel and cargo, in which no third parties are interested as informers or ca|)tors.
Respectfully submitted,
(Signed) L. N. HANDY and Co., Commission MiTchiinls,
No. 208.
Forriijn Officr to Colonial Office.
Sir, Foiriijn OJ/ice, August 17, 18S'.).
T AM directed by tiie Marquis of Salisbury to recjuest that you will state to Secretary
Lord Knutsford that, in his Lordship's opinion, it is very desirable, pendini; the receipt of
full details in reijurd to tiie recent seizure in |}eiuiiig's Sea by the United St.itcs' lluventie-
cutter "Rush" of the British vessels "Black Diamond" and "'rriumph," that steps
should be taken to proceed at once with the appeals to the Supreme Court of flic United
Stati-s in the cases of the British vessels whose sealing operations were stoj)ped under
similar eireumstauees in 188G.
I am to reijuest, therefore, that you will suggest, for Lord Ivnutsford's consideration,
that a telegram should he sent to the Governor-General of Canada to the efi'eet that, it
being very unusual to press for diplomatic redress for a private wrong, so long i'S there is
a reasonable chance of obtaining ir from the Tribunals of the country under wiiose juris-
diction the wrong complained of has occurred, Her Majesty's Government consider that
they would be in a stronger position for dealing diplomatically with the Beliring's Sea cases
if ajipeals on the eases of seizure which took |)lace in 188(> 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
alrea<ly seized ? Steamer ' Sardonyx ' leaves witli coal for British war-ships now at Port
Simpson on Thursday r.ext. Please reply immediately what steps Federal Government
will now take in tlie "matter. Meeting to-day of those interested, who strongly urge this
message. Senator Macdonald of Toronto heartily endorses action of owners here. In
meantime scaling business interests completely paralyzed."
Inclosure 3 in No. 211.
Extract from the " Ottawa Ur.enintj Journal," of July 31, 1889.
■ • '; o ;■- . The Sealer Seizure.
San Francisco, Cala, July 30. — The steamer " Dora," from Behring's Sea, brings the
first detailed news of the capture of the British sealer " Black Diamond," by the United
States Revenue-cutter '•' Richard Rush," on the 1 1th July. The " Rush " overtook the
*' Black Diamond " and ordered her to heave-to. The captain of the "Black Diamond"
refused. Thereupon the commander of the " Rush " ordered a lowering of ports and
mmm
20?
runiiiiig riiU of guns, wliiiii {•iiiiscd tin- sti-nmtT to liciiw-lo. Cnpl.tiii Sliopard atid
Liciitcnnnl Tuttli' liontdcil tlir Knj;li>ti 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<els i\ll over the Ihou-aiuls of miles of
Iwiitcr within Behring's Sea is that tlu^ wellare of mankind recpiires that the seal shall be
Iprotceted from poachers. The Knglish tJovernment agrees that the seal should bo
[rarcl'iilly ])rotected and preserved, but confeiuls that it has a right to be consulted as to
Itlie iDclhod of i)rotccting the seal on the 0|Hn sea.
The United vSlate.-^' (Jovernnicnt is uuwillini; to take other Governnients into partner-
Jsliip in the business, bceause the seal really belon'.;s to the Pribyiov Islands, allliougli it-
Iscmetimes strays to distant waters to s|)etKi tlie winter. Nevertheless, when it comes Ut
la crisis, this Government will probably have to admit that it has no right to say, inde-
Ipendent ot other nations, that seal shall not be taken '200 or 300 miles I'rom shore. It
pould not be surprising if some serious collisions should occur between the seal-hunters <
Tind our Revenue-cutters. The sealers are out in numbers, and the seizures that arc sure
Itobe made this sup.'mcr must bring things to a crisis and lead to a settlement of right in
(lie iiuitter. Sir Julian Pauncefotc will have big business to attend to when he returns to
Vasliington. He will doubtless bring back with him some urgent representations from
LI 28] 2 Q
' 1
iy ;|
*l^
906
Lord Salisbury. Sir Julinii said belorc sailing for Kn;;laii(l tliut up to tliut lime tlie
subject l)(id not been talked of nt all between liimsclt' and tlio State Department liun ,
The seizure and scarcli ol" the •'Triunipli," which was alterwards rclcuscd bcciiii^r i,,,
scalslunsi won; I'oiind on board, nmy bo a more serious matter tiiun the sii/ure of ih,
" JMack Uiainoiid," for it involved the right of the United States to si i/e and mimh,
suspected vessels outside of what are conceded to be the limits of the juriridictiini <ii i||,.
United States.
liiniijor, Me., Ist. — Secretary Blaine passed through this city thi;* evening' m
roiilf to lliir Harbour. A reporter called Ills attention to i\ declaralion in a I'dsIuh
paper that it woulil be impossible for the national Government, to "sustain the prcliiivin,!
of Secretary illaine that Jkhrin.n's Sea is distinctly American water." 'J'lie Sci n t iiv (i|
State simply reinarked that it might be well (or the luiper in (juestion to iiKiiciiii' tli„
occasion, ollicial or \niotIicial, where he said anything at ail on that point. Mr. liluin,
idded that evcrythinp; dune on the fur-seal question sinen the 4th of last Murcli u:is i;,
literal compliance with the directions contained in the Act of Conyress which was apjaovui
by President Clcvelaud on the last day of his term.
Inclosure .'> 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-<iHls of Stiliybunj to Mr. Edinirdfy. —(Sulistnnri' trli'iji-djihctl.)
Sir. Fnrrlijii OJfin; AiKjiist -I'l, I SKI).
I IKK Maiesty's Government ore in receipt of rcpi'ated rumours tliat liilii^ii
vessels have lieen searched and even seized in Ik-iuiiifs's Sea, outside the .'{-mile liiMiii ■,•
from any land.
No oHicial confirmation of these rumours has yet reached Her Majesty's (ioveriiimiit,
hut they apjiear (o he authentic.
1 iiave to iiistriict you to inquire of the United Slates' Government whether .inv
similar inlbrmation has reaelic I them.
You will also rc(|uest that stringent instructions may he issued as soon us praetir:;!)!,'
to the olheials of tiie United States to prevent the possible recurrence of snch incidents.
1 nm, &e.
(Signed) SALISBUKV.
No. -Jia.
.t;ii.
Tltp Maniiiis of Sitlisbiinj lo Mr. Edwunlcs. — {Siib.slanve leleijraphvil.)
Fnre'iijn Oftivp, Auijunt 22, 188!).
W'llKX von ni.'ilvc (he communication to .Mr. 15laine, as instructed m my prcvioiK
(icspat( li of this (lay's date, relativeto the recent sei/.iiies of IJritish vessels in liehriiii;'.-' Sc;i,
I sliould wish you tn remind him that clear thinii;h unotlieial assuiaiiees were j;iveii last
year liv .Mr. IViyard that, peiuliiiu: the general discussion of the (lucstions at i?sue ')ct.vu':i
Her . Majesty 's {Government and tlial of the United States, no further iiUerlerenee .-ii.uld
take place witii Hiitish siiips in Heiirln^'s Sea at a dislanee iVom the siiore.
You \\ill linil (he record of such an assurance conveyed to me throu^^h Mr. I'lirlp^ in
my (iispalcli to Sir L. \\'est of the .'{rd Apiil, 18S"<, and Sir C. 'I'uppcr inforuis iiif
that -Mr. I'ayard liave pcisonally similar assurances to liim and tho other me;nl)L'rs >)'' 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'
M
Sir, Bar Harbour, Maine, Amjusl 21, 188!).
I HAVE the honour to acknowledge the receipt of your letter of this diite, conveyiiuv
to me the intelligence "that repeated rumours have of late reached Her Majesty's Govern-
ment that the United States' cruizers have slo|)ped, searched, and even seized British
vessels in Behring's Sea outside the 3-mile limit from the nearest land."
And you add that, "altliou;;h no otHcial confi.mation of these rumours has reached
Her Majesty's Govermnent, there ajipears to be no reason to doubt their authenticity."
In reply, [ have the honour to state that the same rumours, probably based on truth,
have reached the Government of the United States, but that up to this date there Ims
been no oHicial communication received on the subject.
It has been, and is, the earnest desire of the President of the United States to have
such an adjustment as shall remove all possible ground of misunderstanding with Ilcr
Majesty's Government concerning the existing trouoles in Behring's Sea, and the Presidcr(t
believes that the responsibility for dehiv in that adjustment cannot be pro|)eily charged to
the Government of the United States.
I beg you will express to the Marquis of Salisbury the gratification with which the
Government of the United States learns that Sir J. Pauncefote, Her Majesty's Minister,
will be prej.ared, on his return to Washington in the autumn, t;) discuss the whole
question. It j/ives me pleasure to assiu'o you that the (Jovernment of tiie United Stales
will endeavour to bo prepai d (or the discussion, and that, in the opinion of the President,
the points at issue between the two Governments are capable of prompt adjuslmcnt on a
'lasis entirely honourable to both.
I have, &c.
• ' • • (Signed) J. G. BEAIN'K.
.'cvenue-cuti
•jovernment
303
Inclosure 3 in No. 214.
Mr. Edwardes to Mr, Blaine.
Sir, Bar Harbour, August 2o. 1889.
I HAD the honour to receive yesterday your note, in which you have betn good
enough to inform uie, with respect to the repeuted rumours which have of late reached Her
Majesty's (joverntnent of the search and seizure of British vessels in Beliring's Sea by
United States' cruizers, that the same rumours, probably based on truth, have reached 'he
United States' Government, but that up to this date there has been no otticiai communi-
cation received on the subject.
At the same time, you have done me the honour to inform ine that it has been, and is,
the earnest desire of the President of the United States to have such an adjustment as
shall remove all possible groiiid of misunderstanding with Her Majesty's Government
concerning the existing troubles in Behring's Sea, and that the Piesiuent believes that the
responsibility for delay in that adjustment cannot be properly charged to the Government
of the United States
You request me at the same time to express to the Marquis of Salisbury the gratifi-
cation with which the Government of the United States learns that Sir J. Pauneefote, Her
Majesty's Minister, will be prepared, on his return to Washington in the autumn, to discuss
the whole question, and you are good ^enough to inform me of the pleasure you have in
assuring me that the Government of the United States will endervour to he prepared for
the discussion, and that, in the opinion ot the President, the points at issue between the
two Goverinncnts are capable of prompt adjustment on a basis entirely honourable
to both.
I shall lose no time in bringing your reply to the knowledge of Her Majesty's Govern-
ment, who, while awaiting an answer to the other inquiries I have had the honour to make
to you, will, I feel confident, receive with much satisfaction the assurances which yon
liave been good enough to make to me in your note of yesterday's date.
I have, &c.
(Si-ned) il. G. EDWARDES.
No. 216.
Coloniid Office to Foreitjn Office. — {Received Awjust 29.)
Sii', Downing Street, August 20, 1889.
I AM directed by Lord Knutsford to transmit to you, to be laid before the Maiquis of
Salisbury, a copy of a despatch from the Governor-General of Canada, with a Report of the
Conimilteo of Privy Council of the Dominion, with telegrams from Mr. Maker and the
Collector of Customs at Victoria, respectiig the seizure of the " Black Diamond'' and the
"Triumph" by the United Suites' Rc.-eiiuc-cutter " Richard Rush."
I am to request to be iniormed v.hat auower Lord Salisbury would propose should be
returned to this despatch.
I am, &c.
(Signed) EDWARD WINGFIELD.
I
n-
I ^'1
■1 i
Inclosurc 1 in E"o. 215.
Lord Stanley of Preston to Lord Knutsford.
My Lord, Citadel, Quebec, August 9, 1889.
I HAVE the honour to transmit to your Lordship a copy of an approved Report of a
Committee of the Privy Council, submitting telegrams dated tho 30th ultimo, from
E. C. Baker, Esq., M.P., and the Collector of Customs at Victoria, British Columbia, with
reference to the seizure in Behring's Sea, 70 miles from land, of the British sealing-
schooner " Black Diamond," with her cargo of sealskins, and to the searching in these
waters, in the same locality, of the British schooner " Triumph," by the United States'
!*ovenuc-cutter "Richard Rush," and requesting that the Pttcntion of Her Majesty's
(iovernment be invited thereto, with the earnest hope that an early assurance will be given
m
304
tliat British subjects peacofully pursuing tlicir lawlul occupations on the iiigh stas will [,(.
protected.
I have, &c.
(Signed) STANLEY OF PIllvSTON.
Inclosurc 2 in No. 215.
Report of a Commiltee of the Honourahle the Privy Council, approved by his ExceUcncij the.
Governor-Genrrnl in Council, Aiujust 2, IH89.
ON a Report, dated the Slst July, 188P, from the Minister of Marine and FislHiics,
submitting telegrams Hated the 30th ultimo, from E. C. Baker, Esq., M.P., and tiie
Collector of Customs at Victoria, British Columbia, with reference to the seizure in the
Behriiig's Sea, 70 miles from land, of the British scaling-schooner " Black Diamond," witli
her cargo of sealskins, and to the searcliing in these waters, in the same locality, of the
British schooner " Trium>>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<ec'etary of State, Ottawa.
Sir, Gnvernmenl House, Victoria, July ^0, 1889.
I HAVK the honour to inform you that Captain MclA'aii, of the sealing-schooner
"Triumph," just arrived froni Beliring's Sea, has brought news of the seizure of the
British schooner " Black Diamond " by the United States' eruizer " Rush" for sealing in
that sen. I inclose cutting taken from the " Colonist" newspaper, giving an account
Captain McLean's statement.
I have, &e.
(Signed) HUGH NtLSON.
of
Inclosure 4 in No. 218.
if
!S
Extract from the " Colonist."
The Skaling-schoonkr "Black Diamond" si:izi;u iiv niK Revenue-outtku
" Rush," and dispatcukd to Sitka. — Sunday evening considerable excitement was
caused in the city, more especially in eonimeicial circles, when it I)ecame known thnt
the sealing-schooner "Triunioli " had arrived in harbour, bringing with her the news of I
the capture of the .•schooner " Black Diamond," and her own narrow escape from the same
fate. The paiticulars of the case are as follows : —
At about 6 o'clock on the evening of the llth July a steamer was sighted from
the deck of tbo "Tiinnipli," and Cajjtain .McLean at once concluded that the vessel was
a United Stales' cutter, either the " Bear " or the " Rush." The exact locality of his
schooner at thu time Captuiii Mclean did tiot. know, hut, us nearly as he could judge, he
was 100 miles to the westward oi' St. {icorj,'e's Islands.in Bcluing's Sea. The Htcamer
followed in his wnKo for two honra, and at dusk came alongside and ordered hirn to heave
to. He at [?1 oheyed the order, and a boat's crew, with the (Jhicf Officer of the " Rush "
(Mr. Tuttic), boarded her. The captain stood at the gangway, and asked the officer his
reasons for boarding the schooner. 'PIk; answer was the orodiiction of written orders
authorizing " the capture of any vcbscIs illegally scaling in liehring's Sea."
He then asked to bo allowed to search the ship, and on permission being accorded
him he spent over lialf-an-hour with his men in overhauling the vcsuel. No find rewarded
his scorch, however, tlie whole of the skins aboard having been dexterously hidden in time to
avoid detection. When the seorcli was concluded the officer turned to Captain McLean, and,
after expressing his pleasure at not being under necessity to seize his vessel, informed him
that a few hours before, the " Rush " liud come up ' ith and boarded the schooner " Black
Diamond." He had found aboard her 104 sealskins, and on discovering these had put the
second officer in churgi!, and dispatched the captured sealer to Sitka. 1 Ic also stated that
it was the intention of his C-'ommandcr to capture every vessel illegally scaling in Bcbring's
Sea, and send them to American ports in charge of American officers.
He then ordered his crew to return to the " Rush," and, as soon as they were aboard
tlie steamer, headed full speed away to the west.
At the time of boarding, the "'rriinnph" had aboard her aiiout 'iOO skins.
The " Black Diamond " is owned by Messrs. (Juttman and hVank, of this city.
Yesterday morning, when the facts of the ease became generally known. Captain Cox,
Mr. H. Saunders, and .Mr. \V, iVIunsio formed tiiemselves inio a deputation, and decided to
leave for Esquimalt. iniincdiately, and interview the captain o( the " Champion " on the
subject. Commander Sinclair received the deputation very courteously, and, on learning
the object of their visit, ordered his secretary to take down all the statements made. The
focts of the caso\ver(! then put before him, and the visitors protested against the menace to
the sealing industry by the acts of the United States' Revenue-cutter. It was
represented that unt of lil'tx-five sealing-sehooners that, have entered Behring's Sea this
season twenty-four belong to Victoria, and that if the acts of the American Government
were not speedily |)ut a stop to, the sealing industry of Victoria would be ruined.
All the members of the deputation signed the statement, and Commander Sinclair
told them that, although ho could do nothing himself, he would lay everything
before the Admiral as soon as he joined the fleet. He finther advised them to collect all
other available inlbrmation on the subjiet and dispatch it to Admiral lleneage by the
steam-ship " Sardonyx," which sails on Thursday next (or Port Simpson.
On arrival in the city the dei)utation was joined by Mr. Richard Hall and Captain
Grant. Senator Macdonald, of Toronto, was then interviewed at the Drinrd, and at once
threw himself into the subject, going with the deputation to Mr. E. Crow Baker, M. P., and
the Honourable Mi'. r<obson, I'roviiieial Secretary. A telegram containing the wholeof the
facts was dis|)at'.he(l to the Honourable the .Minister of Marine and Fisheries at Ottawa
by Senator Ma(;doiial(l, and it is expected that an answer will be received in time for it to
be dispatched to the Admiral by the "Sardonyx."
The Honomable Mr. Robson also dispatched a separate telegram lo the Minister of
Marine on the same subject
M:
i^
Inclosure .O in No. 218.
Tcle(jrn>i' from Vicioria, B.C., to Mr. Howell, Mininter of Custoinn, Ottawa.
ONE man from Revenue-cutler jjkiced on board " Black Diamond," with orders to
take her to Sitka. Vessel's master and crew remained on board, and brought her straight
to Victoria. Vessel's papers, clearance, coasting licence, and certificate of registrary, also
salted skins, taken from her by officer of Revenue-cutter.
No. 219.
Admiralty to Foreign Office. — {Received September 6.)
Sir,
Admiralty, Septemuer 4i, 1889.
I AM commanded by my Lords Commissioners of the Admiralty to transmit
herewith, for the information of the Secretary of State, copy of a letter from the Captain of
[128] 2 R 2
308
Her Mnjcsty's Nhip •'( ivunpioi'," dHtpd the MOth July Inst, wiMi copy of itH inclomirc,
fC8|»uo»liig flic rn|»Hiio lit' an Kn^lish sciilin^.scliooncr l>y ii United Stutos' cruizcr in the
Bonring'8 Son.
I urn, fltc.
(Signed) K. D. AWORY.
fiic1os\n'o 1 in No. 2ltK
Cniilnin St, Vlair to Hi'iir-Admirnl ttenpngf.
Slv,
" Clitmpion," (it K.»t;w»ni«/f, Jnly 80, 1H89.
\ !1 WK till' hononv to report, tor your intormiition. tliiit tluHnp; tlu! foirnoon of the
2tttli instant !i di-pntntion ol i)wnci>i ot MOiiling'Si-hooiit'ii* o«mi' on bonrtJ this tihip at
Bwjiiininlt to report llint nii r,ni;lish Mioonrr iind been cnptured in the Hchring's Sen hyi
United Stntos' crnizcr.
A eo|)y ufllit'ir stntenieiit is iittached.
1 intorniod them that 1 would submit tlicir stntcineiit to you on my arrival at
Port Simpson.
I bnve, Sic.
(Si.-rned) A. F. ST. CI. A I It.
Inclosure '2 in No. '2\\).
8talrinrnt mode by Owners of SeaUnyiSvliooiiris at Victoriu, ii.C.
THK Kndish s.liooner "'IViuinph," Captain McLean, urrivcd at Victoria last
evening ('28th •nily) from IU!hrin^''s Seas, and reported llmt she was boarded in these sens
on the 11 til instant at 8 I'.M. by the American steamer " Uusli," Lieutemmt-Comniaiulcr
Shepherd, i't lon,uilu<ie 170" west, and 7(' miles off tiie shore.
The Commamlir of the "Hush" searclicd tiie vessel and found no seals on boarJ.
He ordered lier illie " Triumph") out of the seas, ;uid said if slio was found there n;^iiin
She would be taken mis luor to OunaiasUa.
Lieutenant ^henherd, of the " llush,"' also had informed Captain McLean that he hud
that day seizini the knglish schooner " Black Diamond," and his instructions were to smv
all vessels found in these see
A prize crew had been put on board the " Black Diamond," and the vessel sent to
Ounalaska.
^(Signed) .JOHN (iUAllAM, Owner of Schooner '■' Stipphiie."
WILLM. MIMSIL, Owner of Schoonern " Viva,'"
" Pttthjinder" and " Man/ Taylor."
11. SAUNDERis, Owner of Schooner " Ourel."
"Champion," at Esquimau, July '2ii, \SS'X
No. 220.
The Marquis of Salisbury to Mr, Edimrdei>,
Sir, Foreign Office, September 9, 1880.
I HANK to express to yon my n^iprovnl of your proeeedinga, as reported in your
despatch of the 26th August last, with reference to the representations you wcri'
instructed to make to the United States' Secretary of State in regard to the seizures of |
British vessels in the waters of Behring's Sea.
I am, &c.
(Signed) SALISBURY.
No. 221.
Foreiijn Office to Colon iiil Offirr.
gir, I'hri'iyn Office, Srptrmhn- •), 188<),
WITH rofcmiici) to your letter of tliu 3rd iiiBtiiiit, I aiii direeted hy tlie Marquin of
Sulislmry to rc(|UCHt t.liut you will move the Secretary of State lor tiie (/'(ilonies to enusc u
telegram to lie sent to the (iovwrior-dleiiernl of (Juuada, re(|»eHtiug liin Mxeellcncy
to fiirnisli Her MajeBty'H (jiovcrtuncitt with iniiuediate inioriiiatioti il any further Htoppage
of vcHselH ill Ueliring'H Sen (ake« ))iac(!.
I am, ^c.
** (Hi^nod) r. II. SANDICIIHON.
No. 222.
Colonial Office to Forru/n Office, — {Received Septeniher 10.)
Sir, Dnwnini/ Street, HeptemUer 10, 1889.
WITH refcrenee to previoiiH correspondenee r('H|»eetinp; tlio seizure of Canadian
sealers in Heliriiig'« Sen, I am directed hy l^)rd Kruitslord to tranwiiiit to yon, for
coiiimunieation to tlic MnrquiH of Salishury, a copy of a despateli from the Governor-
General of the Dominion, with its inclosures, on the suhject.
I am, &c.
(Signed) JOHN BRAMS1X)N.
Inclosure I in No. 222.
Lortt Slnnleij of Preston In Lord Knutsford.
My Lord, Citud,i Qiiehrc, Auijnst 'H\, 1889.
Wri'li leCerenee to previous correspoudinee rc9|)cetitiK tjic sei/.uio of the " Black
Diamond " and the detention of the " Triuuipli " in l$ehrin;;'s .Sea, I have the honour to
forward herewith a copy of an approved Minute of the Privy Council, Bubuiittiiit^ f()[)ie.s of
the instructions pjiveii to the »p*;cial oIKccr pjaecul on board the " Black Diamond ' l>y the
Captain of the United States' Itcvenue-eutter " Kuwh," and ol a letter Iniiii lhe(!ollector of
Ciistoms at Vietoria, together with the; atfidavits of the masters of the two vessela.
I have, ki:.
(Signed) STANLEY OF PlHi.STON.
Inclosure 2 in No. 222.
]\f\tort of II Committee of the Honourable the Privy Council, approved by kin EticeUency the
(lOvernor-Genernl in Council, on I lie 22nd Augiwt, 1889.
ON a Report dated the 13th August, 1889, ironi the Minister of Marine and
Fisheries, subinStting, in reference to the seizure in the Behring's Sea of the schooner
" lilaek Diamond " and the boarding of the schooner " 'IViunipli," the original iii.structions
ijiven to the special odicer placed by the Captain of the United State:.' I'evenue-cutter
"Rush "on board the " Blaek Diamond " ii( tlie time of tin; hitter's seizure, and also a
letter from the Honourable W. Ilamley, Collector of Customs at \'ictoria, British
Columbia, top^ether with the following affidavits :—
1. Affidavit of Owen Thomas, of Vietoria, liiitish Columbia, master of the British
scaling schooner " Black Diamond."
2. AlHdavit of Daniel McLean, of Victoria, British Columbia, master of the British
sealiiig seliooner " Triumph."
The Minister recommends that cupii;.> (if Un: iiuiu .ire? herewith be immediately
forwarded, for the information of Her Majesty's Government.
The Committee concurring advise tnat your Excel1enc7 be moved to forward this
4
810
Miimtr, lopTtliPi' with ('(ipii'M 111 (III' int'lcMin s. ((I llir lllglit lloiKiiiiiililr llif Si'n't'lmv (i|
StiUo lor Hin Coloiiii's.
All nlwliit'li JH i'c<N|M>*<lliilly KultiMitl(<il.
(Wimici) JOHN .1. M((ii:K,
i'lvrk, I'rini ('(itinril
l!|i
M
Inrlimiil'ii 'l In No. 'i'2'i,
(Vf;»^l»n Shrimril U> Mr. Ilouhiiiinii.
llnitfiU Slalrn' lii'Vfiiitfiili'anirr " Hush," hvliiiuii'i Sni,
ImI. M" %>. <V.. /.OH./. 1 70" ''^'•' "'•.
Sir. ./h/v II, IHH!).
\'(U'iiir lioroby n|i|i(>ii\(cil ii H|i(Hniil olluu'i', and «lii»'('N'il Id |iioco('tl (in liornii Ihc
MoluioiH'i' " MliirU Diiinionil." id' Vlrloiiu, llritiuli fNilninltiii, HiIm iliiy Hri/.cd (or viitlididii of
l.nw, Nrctinn JlIKi McviMCil Sltilnlc-M of llin Uiiitrd ShilrH, luid iiHHiinii^ (Illume nl' Hiiid
voNKol, Iht ollii'oiH utid oivw, l\v»'i\ty-llv«' in nniidior, all told, «'»ctM>tinn ilic niivl^fiiliiiii nl
Utc vi'sHcl, whii'li In nHcrviMJ lo ('ii|il»iii Owen 'riunniiH, anil wliicli yon will not inlcrlWc
with nnloHM you Iti'conn" coiwiucod lluil lie Ih iiioci'cdinn ♦" Non\t' oIIht (liiin yonr |»iil »(
dostinalion, n\ wlmli ivi-nl you iiiv i.nlliori/cd lo aHKinnc I'nll <'liuru;»' ol' llio vcwl,
Kvcrytliiii!-: Itiiii): in iiMdincHH, you will dirrcl Ciipliiin Owjmi 'I'Iminiiii lo niKkc llir insl nl
his way In SilKa. ,\l;i>ilu». and upon arrival al llial. |iorl yon will ri'|i(irl in |iriHiiii lo tin
Uniloil Sdid's" Disdicl Aldnni-y Tor llio diMlrii!! ol" Alaska, and dt'liviT lo him tlu' Iclln ho
addit'NNod, tlu< scliooiu'i' " niiicK hiaiuoud." ot N'irtoiia, liriliHli Coluudiia, hrr ouliil.iinil
tho juTnons of Cnnt.iin Owen 'rhonuiH and Mate Aloxandi'i (Jalli, and m'I Ikt crcwnt
lihovly, AOoi" Itoiii;; itIicmmI ol lln' nro|u'r(y and |tci'N(inH intrnslod (o your care, yim
will nwail at Sitka iju- arrival ol llir " HuHh."
I have, lite.
(SiKiu'il) r.. (;. SIIKPAHI),
Inclosuro '1 in N«>. '2'2'2.
Mr. Hiimlrii to Ihr Vii.ttom.i, Qiiclwr.
Sir, Vr.-<lom'liiiii.ir, I'icfurin, Aiiijii.il .'). ISKQ.
I KOUWAKD hoivwitli. in orininal, llio orders ni\(>n hy ('ii|iluin .^lirpard, nf the
United Statos' Kovonuo-iutlr" "Hush," to J. Ilankanson, Hpirial olliu-r. to proi'iiMlon
hoard the Untish sclioouiM- " Hliu'k Diamond," Hcizcd in lU'lirinK's Sen, and to take her In
v^itka.
The master ot the sehooiur reports to mo that the liulians cuiployed as luniliMsiii
the sehooner wotdd, ln> believes, have murdered llankanson if an attempt Imd lieen iiinilf I
to fake her to Sitka. The master ,u^)t out ol' the sea and sailed at oia-e for Victiiiiii,
without ai\y opposition on the part of llankanson, and 1 think it is very prolmhle lliiil llii'
onlers given him privately hy the Captain of the " llusii " were not to interfere in any
wa> with the destination of the vessel, lie arrived hc>re on .Sitnrday eveiiinj,', llic
3rd Aui;ust ; the olijeet ol the Ueveime-entler was no douht attained in takinu; her skins,
ritic, and liulian spears away, and sondinu; the vessel out of IJehring's Sea. I lor ecrlili-
cat« of registry was .dso taken away.
Shall 1 give her a fresh ccrtitieate ?
1 have, &c.
(Signed) W. IIAMLEY.
Inelosure 5 in No. li'i'i.
In the Matter of the Seizure of the Sealing-schooner "Jiluek Diamond" by the United
States' Revenuc-euftcr " Richard Uiish," on the Uth day of July, 1889.
Deposition of Owen Thomas,
I, OWEN THOMAS, of the city of Victoria, British Columbia, master mariner, do|
solemnly and sinccrel* declare that —
1. 1 am a master mariner, and was at the time of the occurrences hereinafter men-l
an
lionnl mill mIIII run Mii< iiiiiiitcr (ifllin nuIkkmmm' " lllitcit Diiiinond," of tlin port, (if Virlorlfii
llrillMi Coliiinlild.
'J., On III)' I I til iliiy III 'nly, a.h. IHHO, wIiIInI. I w/m mi Imnnl itml in rdinniiind of
till' Kitiil hcImmhici', itnil hIic licjiif; llirii on it Hiiiliii^ i'X|ii>(liliiin, iiiiil liiiiii!<; in liit.ilinti: '.AT 'I'i'
iiiirlli iinil idn^itiiiln 17*)" VSr*' wcJ, unil iil. a rliHlunri^ ol ulmul. '15 inilcN from liinil, Mo
lliiili'il Sttili'N' lli'vrniir'i'iilti'r " Kii'liiii'il llniili " ovi'I'IiiihIi''I IIic hiiIiI HclMioncr, iiml, ImviriK
linili'il lirr liy HlMinliii>% u riiiniiiiiiiil wlm li I lonlil nol iIIhIiik Uv lii-iir, Hl.riiiiiril nrnmi tlin
linwH ol III!' Kiiiil Ni'hoMMi'i', roiii|iitlliiii.', her In conic lo. A liiiiil wm llicn lowered from Um
miiil ciillci', mill liictilciiiml. 'rnlllciinij live oilier men liom tlic (Inil.oil Hliitcn' vcmhcI cume
iiliiiiit'il llic Miiiil Mclioiiiier. I iihIumI llie l/ii'iil'iifiiil, wliiil, li«i wiint'il, nnil on IiIh ul.utiri^
hr wIhIiimI lo nee llic Hlii|i'H |iii|ier)t, I looK liiiii rjowii In mv eiiliiii iiii<l hIiiiwciI tlicinto liiin.
lid (hen eoininuiiileil me to liiiml llic |iii{ieiH over In Inm. 'I'Iim I leluMcd l.o do, und
locked llieni up in my loeher.
At. tliiN lime there were I'll MeiilHhiim iihoiird the Ntdiooner, 7tl ol wliich liitd liei.'ii
milted, and AA ol wliieli were iiii'iiill' d, iind liieiil.eiiiint 'riitlle ordered IiIh men to liriiiK up
the hMiih. mid to talu' the Nulled oiicm on hoard the " Hichiird Kmdi." 'I'hn entter'H mmi
niciiiiliii<.Oy triiiiNl<<rred all of tlii< Hiilled Mliiii'i from my Hcliooniir U> \hn " Ki'liiird Kiinli,"
iinil mIho (iKik iihoard the <Millcr two HtieltH of nail and a rille hidon^iiij; t,o the Rchoom.T.
Iiiciili'iiiinl 'I'lillle then ii/i;niii ileiiiimded me In ^ive np t.lie nhip'n papern, atirj told mo that,
il' I would not t'lv'' IIk'iii ii|i he would liikc liiein hy loree. I\n I Htill derilined t.o part
wilii lliem he MiKiinlled In the eiittcr, and ii hoiil (;iiin(i oil' with the Maiter-at-Arnm, wli«»
Millie iiii hoiird the Kchiioiier. I.ieiileiiiint 'riilllc a»iked me lor the kcyM of i he locker ho
lliiil he miirlil uet the {iii|icn4 out, and iipnn my lefimin;^ lo i^ive them to him he ordered
till! Mimtei'-iil-Armn lo iinie open llie lipekrr. 'I'lie Vlaitcr-at-Arfn» then lumcrewcd t.lio
liiiif^rw ol I he loeker, look out the Kliip'rt piipers, iiini iiandeil tli'io to fJeiitenant Tiitlle,
hii'iili'tiiiiil 'i'liMle then ii'liinicil Id the " Kirlnnrl IIiihIi,'' jmiiI c;itiie hacdi to the Hclioitoer
ii|{iiiti, hi'iii)tiii|; on liiinrd wilh him one wlume name I have Kiiir;e heard to hr; .I'llni
ilawkiiiHon, iind who I lirlii've lo lie ii Qmirliiiii i.ler of the " Rieh;irfl Kimli." I,icil«
l«iiiiiit 'I'liltlr I lien told III'' lo ltik< the yrliooiier In Sitka. I loM him that f hIioiiM not
go iiiilcHH lie pill, II crew nn li' iiril lo l;il'.(' the Hcliooiiirr llicre. lie y;'>ve Hawkiimoii
(lilcdioieHo lake i|ic'lii|) In Silkii, mid (<ave him I'-tlerfi to j^ive to the IJnitfvl StaUin'
nutliorilicH on nrrivai.
I.iciiliii;iiil 'riillle, hellire leaving my Mchooner, ordered twiinty fndian ^pear;* whifdi
wcir filioa li Cor sealin;^ piirpowcM to lie taken on to I ho " Kiehard Hiinh " I imkerl t.lif-
iji'iilciiaiil lo f',ive me .i receipt lor the pajiers, Hkiir., iVr:., he hiirj taken. Ttii* he ledi-ed
III (ill, and he then returned lo the " Kichard RiihIi,'' l.akiriK the wiid Hpearn witii him, and
ji'iiviiig the man liawkiiiHoti in charge of the Hchooner. .Shortly aiterwardn the cutter
(.kiiincd iiwiiy, without returniiiK tlii! Hliip'n papeiH, HeiiUkinH, and other f^oodn hct'ore-
iiii'iitionnd.
Alter the (icparluie otthc United StateH* virHsel, I directed my conrw; to Ounalaika,
lii)|iiiiK lo meet Willi an ICiif^liHli man-of-war. We arriverl there on th<: l.'(tli day of .July.
.My eirw at this time eoimiHled of a mate, Al(;xiinder(iault, two white Hcumeiijdcok hands,
ami a white couli, and twt^iity Indians. 'I'he indiatm, thinkin:.^ we were ;^oin^ to .Sitka,
bi'caine innlinoiiH, and told mo the lieHt tiling i eould do to avoid trouhic wah to take the
Bchooiier huiiie. 'I'licy also warnitd thu other white men on Itoard that if they thought \
meinit to tiiko tiio nchooner to Sitka, they would throw uh all overboard. There hcinj;! no
miin-of-war at Oiinalanka I left there and directed my eourse to Victoria, and arrived at
that port at iihout 7 I'.M. on Saturday, the .'ird Aiii.'UHt last, liaving on hoard the said .John
Hawkiiison, who, during the cruize to Victoria, had not tried to give me any directions, or
made any HUggcotionK ua to tin; courHe to he taken hy the Hchooncr. On arrival at Victoria
lliiwkiimon wnn put ashore hy one of my hoats.
And I make tliiH Holemn doclara.ioii, c(jnsci(;iitiously lieiievin^^ liie Hame to tx: true,
and by virtue of the Oatlm Ordinance, IHOii.
Declared at the city of Victoria, Uritiwh Columbia, the 7th day of Auj^uHt, 1880, l>efore
me,
(Signed)
(Signed) Eknkht V. Hoj>well,
A I^otary Public for Ihc Provinci; of Jirilinh Columhia.
OWEN TIIO.MAS.
r 1
:>/
818
InoloHurc 6 in No. 222.
Deposition of Daniel McLean.
I, DANIEL MCLEAN, of the city of Victoria, in the province of British Columbia,
Dominion of Canada, being duly sworn, depose as follows : —
That 1 am master and part-owner of the Dritish schooner "Triumph," registered it
the port of Victoria, British •'olumhin; that, in conformity to laws of the Dominion of
Canada, I regularly cleared the said schooner " Triumph " for a voyage to the Xjitii
Pacific Ocean and Bchring's Sea, and that, in pursuance of my legitimate busmess, did
enter the said Beluing's Sea on the 4th day of July, 1889, and did in a peaceful manner
proceed on my voyage, and beiuEi; in latitude oft" 05' north, longitude 171" 28' west on the
11th day of July, 188!). At the hour of 8-30 a.m. was hailed by Commander of United
States' Revenue-cutter " Richard Hush," the said Revenue-cutter being a vessel belonsjing
to the Government of the United Stales and regularly commissioned by the same; a boat
having been lowered by officer and crow, I was boarded hy the same, the otficur in
charge of the boat being one Lieutenant Tuttle, who demanded the ottioial papers ol mv
vessel, and, after reading the same, proceeded to search my vessel for seals, and finding no
evidence of the same intbrmed me that orders had been issued by the Secretary of the
United States, under i,!^e Proclamation of the President, instructing the Comniaiuiing
Officer of the said Revenut-cutter " Rush " to seize all vessels found sealing in Behring's
Sea ; he also told me that should he again board me and find sealskins on board, that he
would seize and confiscate the vessel and catch ; he furthermore informed me that he had
already seized the British schooner " Black Diamond " of Victoria, British Columbia, and
that she had been sent to Sitka, and that, therefore, by reason of his threats and menaces,
I was caused to forego my legitimate and peaceful voyage on the high seas and return to
the port of my departure, causing serious pecuniary loss to myself, crew, a.id owners, for
which a claim will be formulated and forwarded in due course.
And I make this solemn affidavit, conscientiously believing the same to be true, and
by virtue of the Oaths Ordinance, 1869.
(Signed) DANIEL McLEAN,
Master of Schooner " Triumph,"
Sworn before me this 8th August, 1889, at Victoria, British Columbia.
(Signed) Geo. Morison, J.P.,
A Justice of the Peace for the Province of British Columbia.
No, 223.
Colonial Office to Foreign Office. — {Received September 12.)
Sir, Downing Street, September 10, 1889.
IN reply to your letter ol the 9tii instant, I am directed by Loi-d Knutsford to
acquaint you, for the information of the Marquis of Salisbury, that the Governor-General
of Canada has to-day been requested to send immediate information if any fbrther stoppage
of vessels takes place in Behring's Sea.
I am, &c.
(Signed) JOHN BRAMSTON.
*^
No. 224.
Colonial Office to Foreign Office. — (Received September 14.)
Sir, Downing Street, September 13, 1889.
I AM directed by the Secretary of State for the Colonies to transmit to you, for
communication to the Marquis of Salisbury, with reference to previous correspondence, a
copy of a telegram from the Governor-General of Canada, containing information in
respect of i\\c recent seizures in Behring's Sea, and stating that affidavits were being
forwarded.
I am, &c.
(Signed) ROBERT G. W. HERBERT.
lU '
»
IncloBore in No. 224.
Lord Stanley of Preston to Lord Knutaford.
(Telegraphic.) (Beceived September 29, 1889.)
SKI ZU RES of British vessels In Rehring's Sea.
"Hlack Diamond" seized 11th July; "Minnie," 1 5th July; " Juanita," Slst July ;
"Pathfinder," 27th August; "Triumph" warned off, heing threatened with seizure,
nth July. Odicial information recently received at Ottawa respecting " Minnie,"
"Juiuiita," " Puthfinder." Affidavits being forwarded. Seizure of "Lily" reported;
alKduvit when received at Ottawa will be forwarded. Seizing officers removed skins,
ammunition, arms, and ship's papers.
No. 225.
Colonial Office to Foreign Office, — {Received September 14.)
(ExtractJ) Downing Street, September 13, 1889
WITH reference to your letter of tlie 2nd instant, and to previous correspondence
respecting the seizures of Canadian sealers in Bebring's Sea, 1 um directed by Lord Enuts-
ford to transmit to you, for communication to the Marquis of Salisbury, a copy of a
telegram which has been sent to the Guvernor<General of the Dominion on the subject.
Inclosure in No. 225.
Lord Knutsford to Lord Stanley of Preston.
(Telegraphic.) Downing Street, September 6, 1889.
HER Majesty's Govern'^ent communicating with United States' Government with a
viow to preventing further seizures in Rehring's Sea.
No authentic and detailed information received as to seizures during the present fishing
sensoi).
Appeal in case of 1886 seizures might be expedited by motion on meeting of Supreme
Court October, but caiie could not be heard till spring.
No. 226.
Mr. Edwardes to the Marquis of Salisbury. — {Received by telegraph, September 20.)
(Extract.) fVashington, S:ptember \7, 1889. '
ON the llth instant I had the honour to receive your Lordship's telegram
informing me that it would be better that I should write privately to Mr. Blaine, saying
that Her JMajesty's Government were earnestly expecting an answer to their request that
the United States' Government would send to Alaska such instructions as would put
a stop to the seizures of British vessels, the reports of which seizures were causing much
excitement both in England and Canada.
I now have the honour to inclose herewith a copy of the private letter whic's iii
accordance with the terms of your Lordship's above telegrams, 1 addressed to Mr. Uii.ne
on the 12th instant.
■ ■",
; '
■*
■ ! i
■-! 'i
! 4
i' ■ i
Inclosure in No. 226.
' ■ Mr. Edwardes to Mr. Blaine.
(Personal.)
My dear Mr. Blaine, - Washington, September 12, 1889.
I SHOULD be very much obliged if you would kindly let me know when I may
expect an answer to the request of Her Majesty's Government, which I had the honour of
communicating to you in my note of the 24th August, that instructions may be sent to
Alaska to prevent the possibility of the seizure of British ships in Rehring's Sea. Her
Majesty's Government are earnestly awaiting the reply of the United States' Government
[128] as
814
on this Ruhjpct, as the recent reports of seizures having tnkcn place arc causini; much
excitement both in Knglund and in Canada.
I have, &c,
(Signed) 11. O. EDVVAIIDKS.
No. 227.
Mr. Edwardes to the ^f(lrquis of S^nliiburi/. — (Rpceired ^eptpmber 30.)
My Lord, Washington, September 19, IHSJI,
WITH reference to my despatch of the I7tli instant, I have the honour to
inclose herewith to your Lordship o copy of a note which I iiave received from the
Secretary of State in reply to my pcrsoTinl luitc of the I'Jth instant, in whicli I in(|uirf(i of
him when I might exjiect an arsvier to the request of llcr Majesty's (Jovcrnmeiit that
instructions may be sent to Alosiia to prevent tlie possibility of tlie seizure of IJrilish
ships in liehring's Sea.
Mr. Blaine states that he had supposed tliat liis nott of the 24th August, copy
of which was inclosed in my despatch of the 26th August, would sntisfy Her
Majesty's Governmcnf that the President was earnestly desirous of coniiui; to u fiiendlv
agreement on all matters at ifsue between the two (Jovernments in relation to the
Behring's Sea, and that he bad further supposed that my mention to biui that Sir Juliim
Paunccfote would be officially instructed to proceed, on his return to Washington, t( a full
discussion of the question removed all necessity of a preliminary correspondence touciiing
its merits.
Mr. lilainc then goes on to say that, with reference more pa' ticuiarly to the (luostion
to which 1 had informed him Her Majesty's Government were expecting a reply, a
categorical response would have been and still is impiaeticable, unjust to the Uiaicd
States' Government, and misleading to Her Majesty's Government, and that it was therefore
the judgment of the President that the wiiole (juestion could more wisely be remanded to
the formal discussion so near at hand, which Her Majesty's {Government have proposed, am'
to which the United States' Ciovernment have cordially assented.
'Ihe Secretary of State concludes by stating that he considers it proper to add t
any instruction sent to Heliring's Sea at the time of my original request, namely, lut
24th August, would have failed to reach Iboso waters before the proposed departure of the
vessels of the United States.
I have, &c.
(Signed)
H. G. EDWARDES.
Inclosure in No. 227.
Mr. Blaine to Mr. Edwardes.
Sir, Bar Harbour, Maine, September 14, 1889.
I HAVE the honour to acknowledge the receipt of your personal note of the
12tli instant, written at Wasliini;ton, in which you desire to know when you may expect
an answer to the request of Mer .Majesty's Government " that instructions may be sent to
Alaska to prevent the possibility of the seizure ol' Hritish ships in Hehriiig's Sea."
I bad >;upposed that my note of the 24th August would satisfy Her Majesty's
Government of the President's earnest desire to come to a friendly agreement touching all
matters at issue between ibe two Governments in relation to Behring's Sea, and I had
further supposed that your ii.enlion of the official instruction to Sir J. Pauncefotc to
proceed, immediately alter his arrival in October, to a full discussion of the question
removed all necessity of a preliminary correspondence touching its merits.
Referring more particularly to the question to which you repeat the desire of your
Government 16. an answer, I have the honour to inlorm you that a categorical response
would have been and still is impracticable, unjust to this Government, and misleading to
the Government of Her Majesty. It was therefore the judgment of the President that the
whole subject could more wisely be remar.ded to the formal discussion so near at hand,
which Her Majesty's Government has proposcii, and to which the Government of the
United States has cordially assented.
It is proper, however, to add that any instruction sent to Behring's Sea at the time of
315
vour orifj;iniil rcqut'Ht, upon tlie 24th August, woiiM have fbiled to reaoli ihow wutera
before the proposed departure of the vessels of the United States.
1 have, &e.
(Signed) JAMES G. BLAINE.
No. 228.
The Marquis of Saliiibunj to Mr. Edwnrdes.
Sir, Foieiyn Office, October 2, 1889.
IN my despatch of the I7th August 1 runiished you with copies* of a corro-
s|ioii(i('nce whicii hud passed hetwcen this Department and tlio Colonial Office, on the
subject of the seizure of the Canadian vessels " Black Diamond " and " Triumph " in the
Hehring's Sea by the United States' Revenue-cutter " Rush."
I have now received, jmd transmit herewith, a copy of a desp. tch from the Governor-
Geiicnii of Canada to the Secretary of State for the Colonies,! which incloses copies of the
inslructiDHs given to the special officer placed on board the " Hlack Diamond" by the
OiKccr commanding the " Rush " and of a letter from the Collector of Customs at Victoria,
tngellier with the sworn affidavits of the masters of the two Canadian vessels.
It is apparent from these affidavits that the vessels were seized at a distance from
Innd far in excess of the limit of maritime jurisdistion which any nation can claim by
international law.
The cases are similar in this respect to those of the ships " Caroline," " Onward," and
"Thornton," which were seized by a vessel of the United States outside territorial waters
ill the summer of 1887. In a desnatch to Sir L. West dated the 10th September, 1887,
wliicli was conirnunicated to Mr. liayard, I drew the attention of the Government of the
United States to the illegality of these proceedings, and expressed a hope that due compensa-
tion would be awarded to the subjects of Her Majesty who had suffered from them. I
iiave not since that time received from the Government of the United States any intima-
tion of their intentions in this respect or any explanation of the gron Is upon which this
interference with the British sealers had been authorized. Mr. Bayard did indeed
communicate to us unofficially an assurance that no further seizures of this character
sliould take place pending the discussion of tlie questions involved between the two
Governments. Her Majesty's Government much regret to find that this understanding
ha> not been carried forward into the present year ; and that instructions have been issued
tocniizcrs of the United States to seize British vessels fishing for seals in Behring's Sea
outside the limit of tTritorinl waters. The grounds upon which these violent measures
liave l)ecn taken have not been communicated to Her Majesty's Government, and remain
still unexplained.
I'lut, in view of tlie unexpected renewal of the seizures of which Her Majesty's
Government have previously complained, it is my duty to protest against them, and to
state that, in the opinion of Her Majesty's Government, they are wholly unjustitied by
international law.
I am, &c.
(Signed) SALISBURY.
■ ■
9
m
1
1
' t
I :l
the time of
No. 229.
The Marquis of Salisbury to Mr. Edwardes.
I Sir, Foreign Office, October 2, 1889.
AT the time when the seizures of British ships hunting seals in Behring's &ea during
j the years l«8b and 1887 were the subjects of discussion, the Minister of the United States
made certain overtures to Her Majesty's Government with respect to the institution of
a dose time for the seal fishery, for the purpose of preventing the extirpation of the
Upecies in that part of the world. Without in any way admitting that considerations of
liiis order could justify the seizure of vessels whicli were transgressing no rule of inlet-
iwlional law, tier Majesty's Government were very ready to agree that the subject was one
deserving of the gravest attention on the part of all the Governmeirts interested in those
I waters.
The Russian Government was disposed to join in the proposed negotiations, but they
I were suspended for a time in consequence of objections raised by the Dominion of Canada,
[128]
Vos. 203, 203, and 204.
t No. 322.
2 8 2
ii
316
and of doubts tlirown on the physical data on which any restrictive legislation must have
been based.
Her Majesty's Government are fully sensible of the importance of this question, and
of the great value which will attach to an international agreement in respect to it; and
Her Majesty's Representative will be furnished with the requisite instructions in case the
Secretary of State should be willing to enter upon the discussion.
You will read this despatch and nij previous despatch of the same date to tht Secre-
tary of State, and if he should desire it you are authorized to give him copies of them.
I am, &c.
(Signed) SALISBURY.
No. 230.
The Marquis of Salisbury to Mr. Edwardes.
Sir, Foreign Office, October 3, 1889.
I HAVE received your desnflrh of the 17th ultimo, anvl 1 have to inform you
that i approve the terms of you. ,tter to Mr Blaine, inquiring when a reply might be
expected to the request of Her Majesty's Government that instructions might be sent lo
the Alaska authorities to prevent the^ ptjssibility of firther seizures of British sealing.
vessels in Behring's Sea.
I am, &c.
(Signed) SALISBURY.
No. 231.
Colonial Office to Foreipn Office. — {Received October 5.)
Sir, Downing Street, October 5, 188!).
I AM directed by Lord Knutsford to transmit to you, to be laid before the Manjuis of
Salisbury, a copy of a letter from Hi. T. U. Clarke, inclosing a Report of a meeting at
Victoria, British Columbia, held to protest ugaiiisl the seizure of British sealing-vessels in
Behring's Sea, and adverting to the case of the " Juanita."
Lord Knutsford would be gla ! to be informed what answer Lord Salisbury wishes to
be returned to Mr. Clarke.
I am, &c.
(Signed) JOHN BRAMSTON.
Inclosure I in No. 231.
Mr. Clarke to Lord Knutsford.
My Lord, Highgate House, Kilsby, Rugby, September 24, 1889.
I BEG to call your attention to the Report of a meeting headed " A Vigorous
Protest," in inclosed Victorian (British Columbia) paper, referring to the seizure of Piiii^h
sealing-vissels in the high seas.
Also to the notice, marked on p. 4, referring to the robbery of 020 sealskins from
the " Juanita," of which vessel mj brother is captain and part-owner.
As the vessel was 80 miles ticm land iit the time of the seizure, I, on my brother's
Lehalf, beg respectfully to ask whether Her Majesty's Goveranicnt is taking steps to j
prevent these illegal seizures, and also to obtain compensation for those who suffer
thereby.
Yonr kind attentic nd advice will oblige.
Yours, &c.
(SijnpH) T. U. CLARKE.
317
,, ! ,i • Inclosure 2 in No. 231.
Extracts from the " Victoria Daily Colonist" of September I, \8S9.
A ViGOEOUS Protest. — A few evenings ago, a meeting was held at the office of
Messrs. Mall and Goepel of those interested in tlie srph'nj; industry, and a Committee of
five was appointed to make arrangements for a public meeting at which the voice of the
people of Victoria could be heard in refere!ice 'o the recent seizure of British schooners
sealing in Behring's Sea.
The Committee consulted with Mayor Grant, and a mass meeting was duly advertised
to be held at the City Hall last evening for the purpose referred to.
By 8 o'clock, at which hour the meeting was called for, every seat in the City Hall
WHS taken, and dozens of deeply-interested citizens were compelled to stand. The meeting
was thoroughly representative, there being present all the leading business men of Victoria,
vessel owners and practical sealing men, while among the most proininent men present
were to be noticed the Honourable John Robson, E. Crow Baker, M.P., Lieutenant-Colonel
E. G. Prior, M.P., the Honourable Robert Beaven, M.P.P., D. W. Higgins, M.P.P.,
S. Duck, M.P.P., Mayor Grant, Robert Ward, Presideul of British Columbia Board of
Trade, Captain J. D. Warren, E. B. Marvin, W. Munsie, J. H. Todd, Morris Moss,
C. ^jtrouss. Captain William Grant, Captain Clarke, R. P. Rithet, and very many others.
Upon motion of the Honourable Mr. Beaven, seconded by Mr. E. Crow Baker, M.P.,
Mayor Grant was requested to take the chair, which he did at 8" 15 p.m.
His Worship, in opening the • leeting, said that the matters for the discussion of which
the meeting was called had always possessed a deep interest for him. In the early part
ot 1887, he ha^' had the honour to move in the House for the submission to the Dominion
Governmer' ot a proposition for submission to the Imperial Government in regard to the
protection of British scalnig interests in Behrings Sea. His motion had been carried
without a dissenting voice. In 18S8 he had made another proposition through the House.
This proposition provided that the individual interests shoi'ld not be allowed to suffer by
the negligence of the Government in settling this question. He had always been very
anxious to see an early settlement of the Behring's Sea (juestion. Without further
preface, he wouk' call on Mr. Edgar Crow Baker, M.P.
Mr, Baker t pressed pleasure at being culled on to strike the first blow. It 'vas a
II matter, he said, tliat concerned not only the individual, Isut the entire province, the
dominion at large, and tlie whole British Empire. The matter was on^ deserving of con-
sideration, not only because it touched the individual pockets and the province our
home, but because it touched our hearts. The view taken by the people of British
Columbia was that the grand old flag that they had learned to love from infancy had not
only been insulted, but had been trampled in the dust. (Applause.) It was proposed to
place everything in connection with the Behring's Sea question before the meeting truly
and fairly from llie v^ry stait, and to let the citizens of Victoria express their calm and
conscientious opinion upon them.. After referring but briefly to the various Treaties that
had been made by the Oniteu States and Canada, which were not, however, entered into at
any great length, as they affected more particularly the fisheries on tiie Atlantic seaboard,
Mr. Baker pointed out. how, as far back as 1820, when Russia owned Alaska, and claimed
jurisdiction not only over the 3-niile limit about its coasts, but also over the sea lOU miles
from land, the United States' Secretary made a very vigorous protest at St. Petersburgh
against the contention of the Russian Government. The Biitish Govt; liment also strongly
disputed Russia's claim, and the result wus that in 1824 a Treaty wiu made with the United
States, i.nd in ISi'J one with Great Britain, which sliowed how ilie two great nations.
Great Britain and the United States, joinec! is&uc with Russia when she set up the claim to
jurisdiction over Behring's Sea, and contended that it was an inland sea, and noc a branch
of the Northern Pacific Ocean.
On the 20).h June, 1807, tue United States purchased the territory of Alaska and the
eastern half of Behring's Sea froi Russia, payin^i therefor the sum of 7,200,000 dollars.
At this time, the Russian Goveniiuent gave them vhaf they claimed to be a clear title to
f eastern half of Behring's Sea. If that title was bad the fault is not ours. (Applause.)
III 1870 the United States' Congress passed a measure prohibiting the killing of seals in close
proximity to the Islands of St. George and St. Paul. Shortly al^er this, the United States'
Government leased to the Alaska Commercial Company the exclusive right to kill seals for
twenty years, in consideration of the sum of 55,000 dullurs p.r an;ium, and certain royalties.
In the early part of 1889 an Act was passed, by some claimed to have been smuggled
through Congress in a rush, proclaiming not very definitely that intrusions in Behring's
Sea would not be allowed ; and containing a sweaping clause granting the President power to
f'fl
[
(■HHl
318
(leal with matters in connection with sealing by procliimjition. Power of si very indefinite
kind was also given in regard to giving inslrnctions to tlie United States' cutters. Agi^res-
sive measures were first taken in 1886, when Mr. T. Lubbe wrote to him (Mr. Baker) at
Ottawa, informing him that the British interests were endangered. Mr. Lubbe's letter
was laid before the Governor-General in Council, and the matter was promptly placed
before the. Imperial Government by the Dominion Cabinet. The Minister of Justice lU
this time gave his opin'on in favour of the British Columbian sealers both to Mr. Baker
and to the Imperial Government, pronouncing the action of the United States illegal, and
urging upon the British Government the necessity of taking definite action at once to
protect her interests in British Columbia. This was three years and a-half ago, and it was
most mortifying to think that this time should have elapsed before any decision was reached.
The actual seizures commenced in 1886, when three schooners were taken possession of,
along with their fittings and cargoes, and sold. The crews were cast on their own
resources in Alaska, and the masters and mates were not only iieavily fined, but imprisoned as
well. Matters of losses were expected by every one in business ; but every British
Columbian felt that he was protected by the flag of Kngland, under which many present
were born, and thought it strange that he was aot sheltered by the flag whose protection
he had a right to expect. In 1887 nothing practical was done, and no restitution was made
In 1887 the number of seizures was doubled, six schooners being taken possession of.
Coming to the present, in 1888 no seizures were made, and there was every reason to
believe tiiac the seizures would be discontinued. The Dominion Government had acted
as promptly and as energetically as they possibly could. They had placed all matters
promptly and rightly before the Imperial Government. It was therefore easy to see where
the responsibility rested. It was impossible for the Government of Canada to protect its
citizens outside of the coast limit of a marine league. When the citizens of British Colui ihia
sailed for the northern seas they passed beyond the protection of the Federal (iovernmLnt,
fondly hoping that wherever they went they were protected by the old flag of England.
Mr. Baker proceeded to read an amount of correspondence in reference to the appeal
for protection made by Mr. Morris Moss (or the Biitish Columbia sealers on iStb .March,
1888, which the Minister of Justice replied to by saying that it was to Great Britain to
whom the scalers should look for protection. The Dominion Government could not
send armed ships on the high seas to protect Canadians.
On the 28th July ot this year the schooner "Triumph " arrived n port, and her
captain orought t!ie news of his being boarded by Lieutenant Tuttle, of th \ United States'
cutter " Riciiard Rush," and warned by him that if he was found in Bc'iriiig's Sea fishing,'
or hunting for seals, not only would his catch of seals be forfeited, but his vessel i"(i
equipments woul.i be confiscated, and sent with a piize crew on board to an Atiierican
port. The "Triumph" also brought news of the capture of the "Black Diamond."
Immediately afterwards, on flic following day, he (Mr. Baker) had telegraphed again to
the Minister of Marine and Fisheries, asking him if it was not possible to secure some
protection for the twenty other British sealers m Behri.ig's Sea. The steamer "Sardony.\"
was going north with coal for Her Majesty's war-ships, then in tlie north, in a few days,
and it was suggested that instruction could be sent to them by the Im[)eria! Government
to protect the British sealers. An answer was received that the matter would receive
immediate consideration.
Having reviewed the whole history of the sealing question, Mr. Baker expressed the
belief that all present could see for themselves how outrageous it was for any Government
to arrogate to itself the exclusive control of a great body of water such as Behring's Sea
,vns — 700 miles long from north to south, and 900 miles wide. The desire of the sealers of
Victoria was, rirst of all, to secure a guarantee that the seizures would be stopped. They
had also a reasonable right to expect compensation for the losses already sustaiued, and
without further delay. They, further, wished to be secured in their right to [)rosecute the
deep-sea fishing, of which fur-sealing was a branch. He would conclude by inoving the
following Resolution : —
" Whereas in the year ISSG, by order o( the Government of the United States,
claiming exclusive territorial jurisdiction over the wliole of Bi^hring's Sea, eastward of a
line drawn from about tlie middle of Heliring's Strait south-westward till it crosses the
193rd meridian of longitude, three British vessils, while lawfully engaged in hunting icals,
W'ere seized in that sea at distances of from b.') to 70 miles from the nearest land ; and
" Wl.ereas alter protest by the British Government against such seizures, the Govern-
ment of the United States ordered the unconditional release of the said vessels; and
"Whereas by such a course the United States' Government ]n'actically admitted the
illegality of the seizures, and left it to be inferred that no further seizures would be made;
and
819
"Whereas in 1887 it again resorted to the seizure of sealing-vessels in Behiing's
Sea outside the 3-mile limit, and at distances from 15 to 92 miles from the nearest land,
six vessels belonging to our citizens were seized by its orders and afterwards declared
forfeited to the Unite.! States ; and
"Whereas in the following year, 1888, sealing-vessels belonging to our citi; cis again
entered Behring's Sea, and took seals throughout the season without molestation by the
R( venue-cutters ot the Government of the United States, which had distinctly that year,
bv its instructions to the commanders of its cutters in Behring's Sea, ordered that no
seizures of such vessels be made ; and
" Whereas in the present year seizures of British sealing-vessels belonging to our
citizens have again been made, practically in iiiid-occan, in Behring's Sea, by order of the
Government of the United States, the vessels robbed of sealskins on board, and arms and
ammunition :
" Be it therefore resolved, that the citizens of Victoria protest against the usurpation of
jurisdiction by the Goxernment of the United States over the waters of Behring's Sea,
outside the universally acknuvvledgeil 3-mile limit, and express thci. indij^nation at the
repeated outrages to which the ,jersons and property of their fellow-citizens, lawfully
exercising t' eir ri'^iits on the high seas in that part of the globe, are subject'.d by the
cders of the (Government of the United States."
Lieutcniint-Coionel Prior, M.P., was called upon to second the Besolutior. He was
very glad, he said, to do so. He considered the conc'uct of the United States in the matter
of seizing vessils on the high seas the most outrageous that could be thought of. There
was no necessity for rtvievvii g the question the present meeting was called to consider. It
had been fully gone into already. 'J'he question was, what right had the American
Government to seize our sealers ?
A Voice from the audience. — No right.
Colonel Prior, continuing. — That was just the answer I was going to make. The
press of both countries says they nad no right. The most important papers of the United
States sav tluit the American Government will have to back down in their contention.
The Russian Government, by Treaties with both the United States and Canada, gave up
their claim to jurisdiction over Piehring's Sea in lSi5. IJow then can the United States
chiini to have puichased their jurisdiction from Russia? The great majority of Americans
acknowledge timt the claim advanced by their Government has nothing to rest on. Who
is to blauic then for not stopping these illegal seizures? The Dominion Government are
not to blame. They have done all in their power. When the news of the first seizure
this year reached me, I was in Kamloops. I at once telegraphed to Ottawa, and expnssed
the ho|)e that the Imperial Government would give Admiral H i';e orders to retake the
captured vessels. The "Caroline" had orders to do this in . 7 liut for some reason
was recalled. If in 1887, why not now r* It the Behring's Sea quostioa is jjurely one of
jurisdiction, why does not tie American Government allow its own sealers to fill and hunt
unuiolested? !t is not the reason. The United States' Government istr\ing to bolster
up (1 giant monopoly — the Alaska Commercial Company, who by tender acquire i u lease
of sealing rights on the Islands ot St. George and St. Paul, the breeding-grounds, I'or
twenty years, 'I'he true reason for their action is tliat the Anieriean Government is atraid
to lose the 315,000 dollars piiid them annually by the Alaska Commercial Company.
Governor Swineford, of Alaska, has condemned the Company as the greatest and worst
monopoly in America, but, as he says, it has its agents always at Washington to pull the
strings in its interest.
This is the last season of the Company's lease, and there is no knowing what the
Government propose to do next. This year, when we first heard of the outrages in
Behring's f^ea, he had thought, and he was not the only one on the iloor of the House ol
Coniinoiis who had thought the same, that it would not b;- poor ])olicy to send the Ihitish
tieet into Behring's Sea to proteet the interests of Canadians. If France set up a clai(n of
Jurisdiction o\er some particular part of the ocean, and seized a German sealer therein, do
;ou think that it would have taken three years to settle the ciuestion ? Possibly, hut they
would be three very bad years for some one I (Cheers.) If Beaconsfield had lived, would
it have taken England three years and a-half to settle this (juestion ? Xo! (Cheers.) He
liad pleasure in seconding the Resolution introduced by his colleague. , » ,
The Resolution was carried unanimously, with cheers.
The Honourable Mr. Beaven was the next speaker. He touched U|)on the various
Tiiaties dealing witii Behring's ."^ea, and rcterred to the mann(;r in which British subjects
wre taught, that they were protected by the Hag of England while and wherever they were
engaged in a lawful calling. I he action of the United States was contrary to international
law, It had been so pronounced by the I'remier of lingland and a host of United States'
m
820
authorities. He thought matters should be at once referred to arbitration, as there could
be no disputing the legality as well as the justice of the Canadian claim. It was true that
Canada had suffered in past arbitration with the States ; but still, arbitration was far
preferable to any other method in the settlement of eAMsting disputes. He proceeded to
review the value of the sealing fleet and mdustry to the province, and explain the dimen-
sions it might assume if the present difficulties were settled. From a dollar-and-cents
point of view, it was necessary that action should be taken at once. He bega;ed to move
the following Resolution : —
*' Resolved, — That, as loyal British subjects, we resent the insult to our dag, and
respectfully claim for our vessels and citizens on the high seas that protection bv
the British Government which for centuries has been the right and pride of even tiie
meanest subject of the Empire, but which now seems to be denied us, causing great loss
to the commerce of our city, and financial ruin to our fellow-citizens engaged in the sealing
industry."
Mr. S. Duck, M.P.P., seconded the Resolution. There should be no more delay.
Some action should at once be taken to secure British subjects in pursuit of their lawful
avocation from illegal seizure ; and to let them know whether they are to receive cotnpRn-
sation for loss already sustained while pursuing their legitimate calling on the high sea^,
It was hard for him to understand the apathy that had been shown by the Imperial
Government in this matter. The good sense of the American people would compel their
Government to take a right action in the matter, if the Imperial Government but did their
duty by Canada. He was glad to second the Resolution.
Again the Resolution was put and canied, with loud applause, but no dissenting
voice.
Mr. D. W. Higgins, M.P.P., was next called upon. He said that he had had placed in
his hands the following Resolution, which he proceeded to read : —
" Resolved, — That the time has come for a speedy and final settlement of the question
of our rights in Behring's Sea, and we urge upon both the Imperial and Canadian Govern-
ments the danger of allowing this question to longer remain Ojjen."
He thought this placed the question in a practical form. The other Resolutions were
longe> , but still explicit. He could not, he said, help contrasting the action of Knaiiand
when Imperial rights were concerned with her action in tins case when C;)lonial interest
was at stake. The Delagoa Bay incident came to his memory. Certain English propertv
was seized by Portugal, and a cable-message was at once sent to England. Three days
after a fleet was ordered to Delagoa Bay to protect the Britisli interests. It would have
been in keeping with this policy if the fleet at Gsquimalt had long ago been sent to
Behring's Sea to protect British interests. Beaconsfield, at the close of his carreer, said;
" I have kept peace with honour." Can Salisbury, if the present policy is continued, siiv
the same at the close of his career ? He may say, " I have kept peece," but at the
sacrifice of the liberties of the greatest and most warlike nation in the world, lie
(Mr. Higgins) had paid a visit to the Southern States, and witnessed all the awful desola-
tion apparent just after the civil war. He had at that time breathed the prayer tlint his
country might never know the horrors of war. War was awful ; but there was one thing
just as terrible— a peace preserved at the loss of national honour. (Loud cheers.)
Mr. R. P. llitliet seconded Mr. Higgins' Resolution. He acknowledged that it was
humiliating to be compelled to make an appt il for protection to our own nation while
pursuing a lawful avocation on the higli seas. The matter was of no moment wliethertli'
msult had been offered to one humble su!)ject or to many. The principle was the sami',
British subjects had been illegally made prisoners of on the high seas, and had been fined
and imprisoned. Like good subjeets, they had waited long for action to be taiien without
their demanding it as their right. This action not having been made, however, it was j
necessary now to emphasize the representations that had been made to the Iii;pe;iid
Government. Like Colonel Prior, he himself felt like striking back when he was hit,
He thought it would have been a good thing if one of the British men-of-war lying idly in I
Esquimau Haibour had sailed north for Behring's Sea with the "Richard Rush " at the |
beginning of the season ; kept in the •' Rush's '' company until she attempted to interfere |
with some British sealer, and then quietly sail between and s y, " You must not!"
The United States now claimed that their desire was to protect the sealing industry I
from extermination. It was the desire of Victoria's sealers »s well, and they would nial<e
no attempt to disobey any international regulations that mis^ht be made for the preservation I
of the seals. He was fully in accord with the Resolution, which he seconded.
Like its two predecessors, the Resolution passed unanimously.
Mr. Robert Ward, President of the British Columbia Board of Trade, drew attention J
to the inconBisteucy shown by the American Government, and carefully reviewed tliel
321
re could
rue that
was far
eeded to
e dimen-
ind-cents
to move
flag, and
ction bv
even the
great loss
he sealint;
)re delay.
leir lawful
3 coinpen-
high seas,
! Imperial
mpel their
it did their
dissenting
d placed in
16 question
qiestion of compensation before moving the follov.ing Resolution, which was seconded by
fer.J. H.Todd :—
"Whereas no compensation has yet been made (o the owners and crews of any of the
vecseis so seized and forfeited, be it therefore resolved, that we urge the Governments of
Canada and Great Britain to promptly compensate the sufferers by these seizures,
irrespective of the merits of the i»rrfrnationni questions involved."
Carried unanimously.
The Mayor then called upon the Hon. Mr. Kohson to move the next Resolution.
Mr. Robson stepped forward amidst applause. Me said the hour was so late, and so
inucli had been said, and sd well suid, that he did not feel justified in occupying much of
the time of the meeting. He was in perfect accord with the Resolutions which had been
passed, and was hopeful of good results. That some such steps had not been taken
sooner was matter of surprise and regret. Too long had the glorious old flag of which we
all felt justly proud been ^railed in the dust on these western seas with impunity (loud
applause), and true loyalty lecjuired that we should emi)loy every legitimate means to put
a stop to it. Long enough had Brother Jonathan been allowed with impunity to twist
the tail of the British lion, and now it remained for the "simple fishermen of Victoria"
to strike a lucifer under the lethargic old animal's nose, and arouse it to a proper sense of
duty. (Applause.) One speaker had said the Provincial Government had nothing to do
with this matter, while another said it had. Perhaps in the strict official sense it had not;
but he conceived that in a very important sense it had to do with whatever concerned the
welfare of the country, and he felt it to be due to the Provincial Government to say that
this matter had received its most earnest attention. (Applause.) It had jirepared and
transmitted no fewer than sixteen Orders in Council and telegrams, and he could assure
the meeting that these were couched in !is strong language as was consistent with State
documents. (Applause.) He moved the following Resolution : —
" Resolved, — That copies of the Resolutions passed at this meeting be forwarded to the
Imperial and Canadian Governments, and to all Boards of Trade in Canada."
Mr. A. B. Gray seconded the Resolution, which he considered a fitting climax to the
evining's work. It would show to the world the attitude the province of British Columbia
had assunied afte* mature consideration of the question dealt with.
The Resolution was carried, again unanimously ; and after a vote of thanks to the
Mayor, both for calling the meeting and for his services in the chair, the meeting
adjourned.
N
3!
4 ■
ng industry!
would make
oreservatioii
Another Returns. — Messrs. Hall and Goepel's little sealing schooner " Juanita,'
Captain Charles E. Clarke, which has been expected for several days, arrived safely
yesterday afternoon, and tied up at Janion's wharf. Captain Clarke reports having sailed
direct from Behring's Sea for home, but having been compelled to wait four days for a
favourable wind to bring him in from the Straits.
The " Juanita " was overhauled by the United States* cutter " Rush " on the 31st .July
while sealing in Behring's Sea. She was boarded by the captain and lieutenant of the
cutter with a boat's crew, who demanded Captain Clarke's papers, and also took possession
of the entire catch of the schooner, 620 skins. The guns and ammunition carried by the
ichooner were safely hidden away, and the officers of the " Rush " failed to discover their
whereabouts.
Captain Clarke protested vigorously against the seizure, which, he informed the
officers of thi^ cutter, was outrageous, the schooner being 80 miles out in the open sea.
They replied that they were sorry to be compelled to do it, but were forced to obey their
orders. After instructing the captain to sail for Sitka, but without any American " prize
crew," the " Rush " steamed awav to capture another schooner sighted, and supposed to
be the " Lily."
As soon as the cutter had dropped behind the horizon the "Juanita" resumed her
liunting, but her luck had apparently gone. After several days of hard weather the
"Juanita" sailed for home, passing the schooner " Kate" on the way down, but not close
I enough to speak her.
3W attention I
Bviewed tliej
[128]
2 T
li
326
80 miles from the nearest land, and, as the captain of the " Juanita " defines it, " on the
blue waters of the Great Ocean."
The Committee recommend that vour Excellency be moved to transmit a copy of
this Minute, together with copy of the annexed papers, to the Right Honourable the
Secretary of State for the Colonies, for submission to Her Majesty's Government.
All which is respectfully submitted for your Excellency's approval.
(Signed) JOHN J. McGEE,
Clerk, Privy Council.
Inclosure 6 in No. 237.
Affidavit of the Master and Mate of the British Schooner "Juanita."
WE, the undersigneH master and mate of the British schooner "Juanita," hereby
affirm and declare : —
That the schooner "J anita" entered the Behring's Sea on the 2nd day of July,
1889, having on board a crew consisting of four white men and fourteen Indians, all
told, with seven canoes and one boat, the said schooner being engaged on n fur-scalin;;
voyjige.
That on the 31st day of July, at about 3 a.m., the schooner being at that time in
latitude 65° 30' north, longitude 170° 26' west, according to the master's reckoninir, the
United States' Revenue-cutter " Richard Rush " was discovered a short distance from the
vessel. After some delay she (the "Richard Rush") steamed alongside the "Juanita,"
and the captain requested that the schooner be hove-to, as he wished to board her. In
the course of a very short time the schooner was boarded by three officers, the senior of
whom inquired from the master with regard to the length of time the vessel had been in
the sea, and the number of skins on board. On learning these particulars he (the officer)
informed the master of the "Juanita" that he should have to seize his vessel and ci.:chj
after which lie instructed his boat's crew to tranship the sealskins (620 in number) to the
" Richard Rush," which work was immediate-/ proceeded with.
The schooner's master remonstrated with the steamer's officer at the irregularity of
this proceeding, pointing out the fact that the vessel was then something like 80 miles
from the nearest land, and on the blue water of the Great Ocean, to which the officer
replied timt he was simply carrying out the orders and instructions of his superiors. He
then demanded the schooner's papers and the spears of the Indian hunters, which were
given up.
The papers consisted of the schooner's certificate of registration and her clearance.
After all the skins had been transhipped, two letters were sent on board the schooner;
one (addressed to the master) proved to be a certificate of the seizure, and the other was I
addressed to the District Attorney of AInska at Sitka. With these came verbal '
instructions to the master to proceed with his vessel to Sitka, after which the steamer
went on her way.
During the time of these operations the British ensign was flying at the schooner's |
peak, nor was it hauled down until after the steamer had resumed her course.
(Signed) CHAS. E. CLARKE.
JOSEPH SECORD.
Sworn before me this 2nd day of September, 1889.
(Signed) J. W. SnoTBOLT, Justice of the Peace.
Inclosure 7 in No. 237.
Certificate of Seizure.
United States' Revenue-steamer " Rush," Behring's Sea,
Lat. 55° 42' N., Long. 170° 40' W., July 31, 1889.
To whom it may concern.
THIS will certify that I have this day seized the British schooner " Juanita," of]
Victoria, British Columbia, C. E. Clarke, master, lor violation of law, section 1956 Revisei'
Statutes, United States, and taken possession of his ship's papers, consisting of registry ani
clearance.
(Signed) L. G. SHEPARD, Captain,
United States' Bevenue Marine.
Report of a
ON a
Fisheries, su
of the maste
this vessel bj
tlie 27th Au'
together wit
also the inst
commander
disregarded
Columbia, ini
The Mil
less irritating
The Cor
Minute, toge
Secretary of
Government
Government
case been infl
All whic
327
Inclosure 8 in No. 297.
Captain Shepard, U.S.N., to the United States' District Attorney.
United States' Revenue-steamer " Rush" Behring's Sea,
Sir, Lat. 55° 29' N., Long. 166° 15' W, August 6, 1889.
I HAVE the hone ar to inform you that I have this day in the Behring's Sea, latitude
55° 29' north, longitude 166° 15' west, seized the British schooner "Lily," of Victoria,
British Columbia, John Seilly, master, for violation of law, section 1956 Revised
Statutes.
1 have taken his arms and sealskins, 333 in number, on board the " Bush," for
better security, and as I have no officer to spare to place in charge, I have directed the
captain to proceed with his vessel to Sitka, Alaska, and on his arrival to set his crew, three
white men and twenty-five Indians, at liberty, and to report in person to you ; and I have
to request that you will take charge of this vessel and her officers. Captain John Seilly
and mate, George McDonald, until I can appear in the United States' District Court at
vSitka against them.
Very respectfully,
(Si-jned) L. G. SHEPARD.
Inclosure 9 in No. 237.
Deputy Governor Sir W, Ritchie to Lord Knutsjord.
My Lord, Ottawa^ September 23, 1889.
I HAVE the honour to transmit herewith a copy of an approved Minute of the Privy
Council of Canada, to which is appended u copy of the sworn statement oi the master of
tiie British schooner " Pathfinder," giving particulars of the seizure of his v.^ssel by the
United States' Revenue-cutter " Richard Rush," in Behring's Sea, on the 27th August
last.
The Canadian Government, as your Lordship will observe, call attention to the
irritating^ and unjustifiable nature of the seizure, and request that suitable redress be
(ieiuanded from the United States' Government for the wrong inflicted on loyal subjects of
Her Majesty.
I have, &c.
(Signed) W. J. RiTCHIE.
Inclosure 10 in No. 237.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency the
Governor 'General in Council, on the I4th September, 1889.
ON a Report, dated the 7th September, 1889, from the TT'nister of Marine und
Fisheries, submitting, in connection with the Behring's Sea seizures, the sworn statement
of the master of the British schooner " Pathfinder," giving the particulars of the seizure of
this vessel by the United States' Revenue-cutter " Richard Rush," in the Behring's Sea, on
the 27th August last, and the removal thereto from the " Pathfinder " of 851 sealskins,
together with all the rifles, shot-guns, and ammunition on board; the Ministe- ^-^bmits
also the instructions given the special officer placed on board the " Pathfinder ' by the
commander of the " Richard Rush," and it will be noticed, however, these were
disregarded by the master and crew, as the vessel was navigated to Victoria, British
Columbia, instead of Sitka.
The Minister observes that the circumstances which characterize this seizure are no
less irritating and unjustifiable than those which have preceded it.
The Committee recommend that your Excellency be moved to transmit a copy of this
Minute, together with the papers herewith, to the Right Honourable the Principal
Secretary of State for the Colonies, in order to bring to the notice of Her Majesty's
Government the particulars of the seizure in question, with a view to seeking from the
Government of the United States redress commensurate with the wrong which has in this
case been inflicted upon loyal subjects of Her Majesty.
AH which is respectfully submitted for your Excellency's approval.
. , (Signed) JOHN J. McGEE,
Clerk, Privy Council.
■ I! ili
1il
■ ]'■■'
ill
S21
#
Inclosure 3 in No. 236.
Resolulionn adopted at a Meeting of the Citizens of Victoria, British Columbia, held
August 31, 1889.
' [See Inclosure 2 in No. 231.]
No. 237.
Colonial Office to Foreign Offico. — {Received October 25.)
Sir, Downing Street, October 24, 1889.
I AM directed by Lord Knutsford to transmit to you, for the consideration of the
Marquis of Salisbury, copies of four (icspiitclies, with accompanying papers, received from
the Governor-General of Canada, relntinsr to the seizure, by tlic United States' Revenue-
cutter " Rush " in tiie Behring's Sea, of the British seaiing-vessels named in the margin.*
I have, &c.
(Signed) R. H. MEADE.
Inclosure 1 in No. 237.
Deputy Governor Sir W. Ritchie to Lord Knutsford.
My Lord, Ottawa, September 20, 1889.
I HAVE the honour to inclose herewith, for your Lordship's information, a copy of
an approved Minute of the Privy Council, submitting the affidavit of the owner and master
of the British schooner " Minnie," who therein set forth the circumstances under which
that vessel with her cargo of sealskins was seized in Behring's Sea on the l.')th July last
by the United States' Revenue-cutter " Rush."
I hove, &c.
(Signed) W. J. RITCHIE.
Inclosure 2 in No. 237.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency the
Governor-General in Council, on the 14 <A September, IbSJ).
ON a Report, dated the 12th September, 1889, from the Minister of Marino and
Fisheries, submitting the affidavit of the owner and master of tiic British sciiooncr
"Minnie," which vessel, with her cargo of 421 sealskins, was seized in the Behring's Sea
on the 15th July last by the United States' Revenue-cutter "Rush;" the Committee
recommend that your Excellency be moved to transmit a copy of tliis Minute, togetiier
with copy of the annexed affidavit, to the Riglit Honourable the Principal Secretary of
State for the Colonies, for submission to Her Majesty's Government.
All which is respectfully submitted for vour Excellencv's approval.
(Signed) ' JOHN J. McGEE,
Clerk, Privy Council.
Inclosure 3 in No. 237.
Affidavit of Victor Jacohson.
I, VICTOR JACOBSON, owner and master of the British schooner " Minnie," o.
Victoria, British Columbia, make oath and say : —
I cleared my vessel from Victoria in the early part of May for a sealing voyage to
Behring's Sea. My crew consisted of five white men and sixteen Indians. I entered the
sea on the 27th June, and commenced sealing on the 15th July. I was hove-to under
reefed mainsail and jib, when I perceived a vessel under full steam bearing down upon us.
* « .Minnie," " JuanikV " Pathfinder," and " Lily."
9n
This wan nbout 3 P.M. I made sail and tried to get away, but was soon overhauled by
wlint turned out to be the United States' cutter " Rush." Some one on board shouted out,
" Henve-to." I did so, and a boat filled witli men came alongside. A Lieutenant came
on board and asked me for my papers, wliich I ^ave him. He then asked me how many
seals I had. I replied about 450. Hn then took my papers off to the cutter, and returned
and ordered his men to take ott' the hatches, and bring up all tlie skins they could tind.
Tliey took off 421 skins to the cutter. I went on board the cutter and interviewed
Captain Sliepherd, who told me he must obey his orders, which were to seize every
schooner found sealin<; in the Hehring's Sea, and send them to Sitka. I returned to the
schooner, when the Lieutiinniit asked me for my guns and spears. lie took a breech-
loading gim and a mu'/./.le-Ioader, but rel'used a Frencii musket which I offered him. He
then left, with his men, leavinj; one man on l)oard. The cutter tiien steamed away. The
Lieutenant told nie before leaving tiiat 1 was 05 miles south-ea^t by east from Aoaimak
Pass. After the cutter led the IJnited States' sailor told me he was in charge, but he
never attempted to interfere with the working of the vcssil. Some time afterwards he
showed me bis written instructions, which were tiiat the vessel siiould proceed to Sitka,
and there he handed over to United States' Marshal, and tiiat tiie captain and mate should
be arrested. J then concluded I would not go to Sitka, but would continue my voyage.
That night we made some new spears, and next morning commenced luinting as though
notiiing had happened. We captured fifty seals tiiat day and ninety or the next, kept on
hunting until the 1 7lli August, wlien, having Hvo hundred seals on hoi.'d, 1 lei t for the
south. After passing througli Aonimak I'ass, I told tiie p.i/.e crew I should steer for
Victoria. He replied, *' 1 always thought so."
The Indians told ine if the United States' sailor attempted to take the vessel to Sitka
they would throw him overboard. We arrived in V'^ietoiia last
and to-day at
noon the prize crew came ashore and reported at the American Consulate.
(Signed) VICTOR JACOliSON.
Sworn betore me, at V^ictoria, British Columbia, 'Jnd day of September, a.u. 188y.
(Signed) RonuiiT Waiid,
A Justice of the Peace for the Province of British Columbia,
1 i|
Inclosure 4 in No. 237.
Deputy Governor Sir IV. Ritchie to Lord Knutsford,
My Lord, Ottawa, September 21, 1889.
I HAVE the honour to transmit herewith a copy of an approved Minute of the Privy
Council, submitting the affidavit of the master and mate of the British schooner
"Juanita," which vessel was seized on the 31st July last by the United States' Revenue-
cutter " Rush," together with a cojiy of tlie receipt of the captain of the " Rush " for the
siiip's papers, and a sealed envelope addressed to the United States' District Attorney at
Sitka.
Your Lordship will observe that the seizure took place about 80 miles from the
nearest land.
I have, &c.
(Signed) W. J. RITCHIE.
Inclosure 5 in No. 237.
Keport of a Committee of the Honourable the Privy Council, approved by his Excellency the
Governor- General in Council, on the \4th September, 1889.
ON a Report dated the 12th September, 1889, from the Minister of Marine and
I Fisheries, submitting the affidavit of the master and mate of the British schooner
"Juanita," which vessel, with her cargo of 620 sealskins, was seized in the Behring's Sea
Ion the 31st July last by the United States' Revenue-cutter " Rush," together with the
I original receipt of the captain of the "Rush" for the ship's papers, and a sealed envelope
laddressed to the United States' District Attorney at Sitka; and it will be observed that in
■this case the captain of the " Rush " has fixed the latitude and longitude at which the
pizure took place at 56° 42' north latitude and 170" 40' west longitude, which is about;
I
I
No. 232.
Foreign Office to Colonial Office,
Sir, Foreign Office, October 6, 1889.
I HAVE laid before the Marquis of Salisbury your letter of the 10th ultimo,
inclosing a copy of u despatch from the Governor-General of Canada, dated the 26tii
August last, in which his Excellency transmits copies of the instructions given to the
special officer placed on board the " Black Diamond " by the officer conunanding the
United States' Revenue-cutter " Rush," and of a letter from the Collector of Customs at
Victoria, together with affidavits of the masters of the " Black Diamond " and "Triumph."
I am directed l)y his Lordship to state in reply, for the information of Lord Knuts-
ford, that he has addressed to Her Majesty's Chargd d'Aflaires at Washington tiie two
despatciics of which copies are inclosed.* They have been subuatled to, and have received
the concurrence of, the Law Officers of the Crown.
I am, &c.
(Signed) T. H. SANDERSON.
No. 233.
Mr. Edwardes to the Marquis of Salisbury. — (Received by telegraph, October 13.)
My liOrcl, Washington, October 12, 1889.
I HAD the honour to receive on the 11th instant your Lordship's despatches
of the 2nd instant on the subject of the seizures of British vessels in Behring's Sea.
With the view of carrying out your Lordship's instructions to read the above
despatches to the Secretary of State, leaving with him, should he desire it, copies thereof,
I called yesterday at the Department of State, but was unable to find Mr. Blaine
that day.
Accordingly, I called on him the next morning by appointment, read the two
despatches to him, and left with him copies of the same.
When I came to the passage in your Lordship's despatch which refers to the
communication made by Mr. Bayard to Her Majesty's Government, unofficially, of an
assurance that no further seizures of the character indicated should take place pending
the discussion of the questions involved between the two Governments, Mr. Blaine
stopped mo and asked me if I could tell him in what manner this unofficial assurance iiad
been given. I replied that I believed it to have been given in a letter from Mr. Bayard
to Sir L. \Vcst, and that the letter would be found in the printed correspondence relative
to the seal fisheries in Behring's Sea which was laid before Congress this year.t
When I had concluded the reading of the despatches, Mr. Blaine asked me for copies
of them, which 1 handed to him, and before I took my leave be said that he would send
nie a reply later on. .
I have, &c.
(Signed) H. G. EDWARDES.
No. 234.
The Marquis of Salisbury to Mr. Edwardes. — (Substance telegraphed.)
Sir, Foreign Office, October 14, 1889,
WITH reference to your telegram of the 12th instant, I have to observe that the I
assurance to which I alluded in my despatch of the 2nd instant was conveyed to me I
unofficially by Mr. Phelps on the 3rd April, 1888. t The conveisation was recorded in a I
letter of the same date to the Colonial Office. There is also an allusion in a similar|
sense in a despatch from Sir L. West of the 6th April.
I am, &c.
(Signed) SALISBURY.
• No>. 22" ind 229.
t Sec M: afre from the President of the United States of February 12, 1889, p. 13; Mr. Bayard tvl
Sir L. West, February 3, 1887.
i See No9. Ill and 120.
^i—
328
No. 235.
Foreign Office to Colonial Office,
Sir, Foreiyn Office, October 15, 1889.
I AM directed by the Marquis of Salisbury to acknowledge the receipt of your letter
ol the 5t\i iustant, forwarding copy of a letter and inclosures from Mr. T. A. Clarke
relative to the seizure of British sealing-vessels in Behring's Sea, with special mention of
the case of the " Juanita," and asking what reply should, in Lord Salisbury's opinion, be
returned to Mr. Clarke.
I am directed by his Lordship to suggest that the answer should be to the effect that
the question is at present under discussion between the two Governments, and that
Sir J. Pauncefoto, who is now on his way out, will at once enter upon the subject on his
arrival at Washington.
I am, &c.
(Signed) T. H. SANDERSON.
No. '236.
Colonial Office to Foreign Office. — {^Received October 25.)
Sir, Downing Street, October 24i, 1889.
WITH reference to the letter from this Department of the 5th instant, 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, inclosing an approved Minute of his
Privy Council, with copy of Eesolutions passed at a n\eetinjQ^ of the citizens of Victoria,
British Columbia, on the 31st August last, respecting the seizure of Britisli sealing- vessels
in Behriug's Sea.
Lord Knutsford proposes to reply to the Governor-General, with the concurrence of
Lord Salisbury, in terms similar to those suggested as a reply to Mr. Clarke in your letter
of the 15th instant.
I am, Sic.
(Signed) R. H. MEADE.
Inclosure 1 in No. 236.
Deputy Governor Sir W. Ritchie to Lord Knutsford.
My Lord, Ottawa, September 19, 1889.
I HAVE the honour to forward herewith a copy of an approved Minute of the Privy
Council, submitting a copy of the Resolutions passed at a meeting of the citizens of
Victoria, British Columbia, on the 31st August, respecting the seizures of British sealing-
vessels in Behring's Sea.
I have, &c.
(Signed) W.
J. RITCHIE.
Inclosure 2 in No. 2S6.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency the
Governor-General in Council, on the Mth September, 1889.
ON a Report, dated the Uth September, 1889, from the Minister of Marine and
Fisheries, submitting a copy of the Resolutions passed at a meeting of the citizens of
Victoria, British Columbia, on the 3 1st August, having reference to the Behring's Sea
sei/.ures, the Committee, on the recommendation of the Minister of Marine and Fisheriea,
advise that your Excellency be moved to forward a copy thereof to the Right Honourable
the Principal Secretary of State for the Colonies, for submission to Her Majesty's Govern-
ment.
All which is respectfully submitted. . .
(Signed) JOHN J. MoGEE,
• >••■ Clerk, Privtf Councih
[128] ' ■ ' ^ . 2T2
m I!
328
Inclosure 1 1 in No. Ii3".
Statement of Captain O'Leary,
Victoria, British Columbia, Autjunl '.\0, 1HH!).
CAPTAIN O'LEARY stutcs that lie sailed ns muster on board the British scliooncr
"Pathfinder," owned by Cnrnc and Munsie, of Vieforia. We cleared at Custom-house
on the I7th April tor a miiling expedition to the North Pacific Ocean and on Uehrin^'s
Sea. Wc bad fair success, and shipped the early season's catcii to Victoria. We eiifcied
Bchring's Sea on the 1st July, imd up to the 27th of that month had taken about
800 skins, the weather bting lather unt'uvoiirable for scaling up to that time. On
the mornini? of the *_'!)fb we slighted the United States' cutter " Kichard ilusii " in
about .'i?" -4' north liititude, 172° W west longitude. Commander Shepard ordered nie
to lieave-to ; I did so : as there was no wind, escape was impossible. First Lieutciiiint
Tuttle came on board with a boat's ercw, and asked me if I was sealing; I told him 1 was.
lie asked me how many skins I had on board ; I told him 1 bad about 851. He then
returned to the Revenue-eutter, and in a short time returned and told me be was goiiit; to
seize my vessel. I asked him what he was goinj^ to seize me for ; he said for sealiii,' in
Bebring's Sea. His men then searched my vessel, and took all the ship's papers,
8.')4 sealskins, 12 riflis and shot-guns, also all shells, cartridges, &x'., which were
transferred to the cutter "Rush." He put one of bis crew on board my vessel, and tolii
me to |)roeced to Sitka with the " Pathfinder." The "Rush " then steamed away, niul I
headed the " Pathfinder" south. After we were well out of the Behring's Seu, some ol
my crew informed the American ofhcer that wc were bound lor Victoria. He said nothinj;
to me, nor did he offer any objection. As the month of August is our best sealing month,
I consider we could casilv have taken 3,000 seals in all to tlic end of the sealing season.
(Signed) W. O'LEAHV.
Sworn before me this Hist day of August, 188(t.
(Signed) .1. W. SuO'V^OhT, Justice of the Peace.
Inclosure 12 in No. 2<7.
Cn/ittiin Shepard, U.S.N., to Mr. Hunter.
United States' Revenue-cutter " Rush," Behrintjs Seu,
Sir, Lat. .i7° 24' JV., Long. 171° 55' W., July 29, 1889.
YOU are hereby appointed a special officer, and are directed to proceed on board the
schooner " Pathfinder," of Victoria, British Columbia, this day seized for violation of
section 195G Revised Statutes of the United States, and assume charge of the said vessel,
her officers and crew, twenty white men, all told ; excepting the navigation of the vessel,
which is reserved to Captain O'Leary, and which you will not interfere with unless you
become convinced he is proceeding to some other than your port of destination, in which
event you are authorized to assume full charge of the vessel. Everything being in
readiness, you will direct Captain O'Leary to make the best of his way to Sitka, Aliiska,
and upon arrival at that port you will report in person to the United States' District
Attorney for the District of Alaska, and deliver it to him, the letter so addressed, the
schooner, her outfit, and the persons of Captain William O'Leary and mate, A. Davidson,
and set the crew at liberty.
After being relieved of the property and persons intrusted to your care, you will
await at Sitka the arrival of the " Rush."
Respectfully, &c.
(Signed) L. G. SHEPARI).
Inclosure 13 in No. 237.
Deputy Governor Sir W. Ritchie to Lord Knutsford.
My Lord, Ottawa, September 24, 188!).
I HAVE the honour to forward herewith a copy of an approved Minute of the Privy
Council, submitting a copy of the affidavit of the master of the British sealing-schooner
" Lily," which vessel was seized in Behring's Sea by the United States' Revenue-cutter
•' Richard Rush " on the 6th ultimo, about 60 miles from the nearest land, together with
a copy of the certificate of seizure signed by the captain of the " Richard Kusb," and a
sealed communication addressed to the United States' District Attorney at Sitka.
'.::' ^ : I have, &c.
' ■ (Signed) W. J. RITCHIE.
329
Inclosurc 14 in No. 2.^7.
Jirport of II Committee of tin- Honourable the I'rivi/ ('ouiiril, approreil by liin Excrllencij the
Gotrrnor-Gfiii'riil in CoiincH, on the 18</i Srptemher, 1H89.
ON a Meinoiaiulum, dated tlie I Htli September, IHnfj, tVoni the Minister of Mnriiie
and Fisheries, siibinittini; tlic alHdiivit ol the muster of the Hritish seuiiii^-scliooiior *' Lily,"
which vessel wns on the (itii diiy of Aunnst Inst in the Iteiu'ing's Sen (latitude Gf)" 3i)' noi'th,
longitude Kifi" 1')' west), dislimt iiiioul (iO miles (roni the nearest, hind, with her cargo of
:]i\'.\ sealskins, seized hy the United States' Ucvemu'-euttor •' l?ieliiiid Rush," also the
certificate of seizme sij;ned hy L. (». Shepiivd, eapta'.u of the " Richard Rush," and a seided
coiiinnniication addressed to the United Slates' District Attorney, District of Alaska, Sitka,
qiven to the master of the " l^ily " lor delivery on his iirrival at Sitka, whither he was
ordered to proceed, which order, however, he disief{arded, and saihid to Victoria.
The Uommittce advisi' that your Kxeelloney he phased to forward copies of the
inclosures to the Rii-Jit Honourable the Principal Secretary of State for the Colonies, for
submission to Her Majesty's Government.
All which is respectfully submitted for approval.
(Signed) .JOHN J. McGEK,
Cli-rlc, Privy Council.
i ■'
Inclosure 1.^) in No. l;'J7.
Declaration of John Reilly,
In the matter of the seizure of the sealing schooner " Lily " by the United Statei'
Revenue-cutter "Richard Rush," on the (itii day of August, a.d. |H8I».
L JOHN REHXY, of tiie city of Victoria, British Columbia, master mariner, do
solemnly and sincerely declare that :
I Bin a master mariner, and was at mo time of the occurrences hereinafter mentioned,
and still am, the master of the schooner " Lily," of the port of Victoria, British
Columbia.
On the 6th day of August, .v.d. 1880, wlulst I was on board and in command of the
said SCI. inner, and she then being on a sealing expedition, and heing in latitude 55° 29'
nor'- "" ' longitude 1G6° 1.5' west, and at a distance of about 00 miles from nearest land,
the Uuiled States' Revenue-cutter " Richard Rush " overhauled the said schooner.
f was first boarded by the First Lieutenant, who was armed, and who asked aio how
many skins I had on board. I replied that he should find out himself, and said that if he
wanted to see the schooner's papers T would show them to him, and would render hina
assistance should he want to search the schooner for contraband goods ; hut [ would
not acknowledge liis right to seize me for sealing on tiic high seas.
The F'irst Lieutenant then returned to the cutter, and in a short time returned,
accompanied by another boat of the cutter, which was in charge of the Second
Lieutenant.
Tliey both came on board, and the First Lieutenant demanded of me the surrender
of the schooner, and asking ut the same time for the schooner's papers. This I at first
declined to do, and the First Lieutenant said unless I gave the schooner's papers to him
at once, he would take them by force. I then gave him the schooner's papers, consisting
of r gistry, coasting licence, and clearance.
The First Lieutenant then ordered both boats' crew to search the schooner, and they
took from my schooner 333 sealskins, all in good order.
He then asked tne if i would give him two sacks of salt. I told him that it would
be useless for mc to refuse, as he could take them by force, so I told him to go ahead and
help himself.
He then gave nie two letters, the contents of which were unknown to me at the
time, one of them being sealed, and the contents of which is still unknown to me, the other
certifying that he had seized the schooner "Lily" for violatiovi of the United States' laws,
and taken possession of the schooner's papers.
He then told me to proceed to Sitka, Alaska. I asked him if he wanted me to go to
Victoria or Sitka, Alaska ; to which he replied that he had nothing to say, but had simply
told me his ordei j.
My crew at this time consisted of a mate, George McDonald, and three white men
and twenty-five Indian hunters.
The Indian hunters said they would not proceed to Sitka, and, to avoid further
[128] 2 U
W'l
:\:i\)
II2(
H ;l
(hmiIiIo. I (liiMM'ti'il «lii' «i'liimni'i'n (iiimmi> 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<iznn> 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<uliini(liiij^' a K('|uu'(, of llif MiiiistrT ol
Mnvino and l-Nsliionos on 1h(> 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
<l(",|Pii(('li (i-i
riii4 ill
ill n Ntroiii^e
«('i/iirc<i \;'i'i'
ili|iliiiiiiilli' I'
il /mill (,|ic '
Tlie U
iiliriidv liiiic
li uill I
till' I 'oloiMci.
iT|iiviit.||(|iti(i
l'('|IIIIMli(lM, II
jiidiiial priici
< 'iipir-H
CilRCM oi' " (
IHH7.t III ;
1(1 ICI|I|Ch(, 1 1
lli'il llic llppt
May, iHH7,
•iiiiiiliir KiDUii
now ill your
AiiKiiciiii vci.
tliiii (piiccDJ
IcKal Triliiina
" It mils
iinly iiU'ccI til,
llii" Aiiiciiciii)
"Her all sue
'li|iiiiiniilic (Ji,
Tile niik;.
tlic United St
vessels icf'errc
liiosc of I ho I
|irivate ownerf
No Hllil i
i'ic(|itiiiii of t
III .liinuai
" Onward," "
nifssM^^e iindei
I'poii Hi:
Ml'. A. I.. Ikdj
to tliciii, is api
[128]
(iiiv.iin'H'til (•■•■•-iiicifl IIimI it Wdiilfl lif in ii ^liiiiincr |iii«ili(in (oi dcdliii^ fjcfiiiifrly wiUi
|l('lirii:f;''> 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<l.
rill') I lMil('iii)^iH'd liim llif lidiMiiir In ii|i(iil llml, lie liim liml lif IViri; liiiii ii chIiIh
l|('^|lnll'll IViiiii liiiid KiMitRrnid to yniii I'lscflli-iicv, diilid llio IHUi Ai/jjint, iHHU.
'I'liiM ili'H|iiili!li iiil.iiiiiil("» llml Hit M;ijcst,v'x f fnvcrii'iiMii' rnrmidci'! tliiil it /.'(nild lii>
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,<ir«l,y'« OnviTinm iit, I'lOiild hf in [iosRCi<sion of t.hi rrf oid of tti';
luiliriid iirnri'cdiiit^s in Ilir DiHtri'l ( oiict in Alii«l<ii.*
rojiJi'H III ici'iihIm in Uiiili'd Hinlcy' Distrii't, ('oiirt for tli<' Dint.rif:*. of Alsckii iri Uu;
(•ll^(•^ of "OnvMiid," " (/'iiinlciiii," mid " 'I'liornt.on " wnri; duly forwurdcd in AiiL^iwt
1HH7.I In iirltiinwli'ilKin|.< tli"ir n'i:.'i|il, Uii' M.;n|iii<» of HidiRlinry «aid : " I Imvc InrtlifT
III ii'ijurHl. tliiil. yon will rndi'Hvnin lo imi'crtiiin and rciiort, to in'' wlicn d h prot(atil«
llml till' u|i|mi(iIh ri'lrnrd lo in your drmiali^licH of Uir. '2nd A|»iil, i'^HJ, hu'\ of ttii; 'itti
.\liiy, tHH7, rrn|ii'nlivrly, of Hi'' iiwiiitk of IIk^ Anii'iican H!ii|i« '.vliirli •Afrr. ««;i/.<;rl on
"iiiniliir ^riiunilH, will (!onii! on for hiMirinf;, and wlif.tlinr any arrani<i!(ii«wil iia^ l;c'\n or can
iiow in your o|ii;iioii advaiit(i;.o'oimly lie niadn lulwocn lln; owikuh of llif liriliHh and
AiiuricMii voRHi'lt on tlic one nidi! and tlio (fovrrnnicnl of llio (inil.<!d HfaN's on tli'i ol.h^r,
lliiu (Pill' id' lln'Hi' cimrH Hliniild lir regarded as a \cM, t:;i<<i', liy wliirli, in no far >-;^ 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 reie<i-ie of the
"Onward,"' " (!ur<)lena," and "Thornton," the 1886 scizure.s referred to in tiie cable
iiicssai^e undiT ('(inRideralion.
Upon this .suhjcct hii (extract from a lett.or, dated the 17th .Xumist, ISSfi, from
Mr. A. |j. IJelyen, Attorney for the ownei's ol the vessels ahovc referred to, artd addrcaie-J
to tliRin, iH appended to this Keport.:(
[128]
• Sir M llollaii'l. .July U, llST.
t Ttie M«rqui« of Hilisbury lo Sir I,. West, .\ugHit iO, ISS"
I A|>p«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 <liploniatic remedy.''
it would, therefoio, appear that llcr Majesty's (iovernnient were advised in 18J*8 that
no apjical could be taken in the matter of the seizures of INSC.
One vessel only of all those seized in the dilferent years was released upon a lioiiil ol'
security for costs of an ajipeal bein!; ;;iven, viz., the " W. I'. Sayward," the cireiiai-
stances attending which transactii)n are oxpiained in Appendix (li).
The United States' Marshal at Sitka was directed to take the remaining schooners (at
that time in possession of the United States' authorities, viz., the "Grace," "Dolphin,"
"Anna IJcek," and " Ada") to Ikiget Sound for immediate sale.
The owners of the " Anna Reck," '■ Cracc," and " Dolphin," seized in 1887, hnvinsj
been refnsed leave to appeal, |)Lrmission wiis asked for bonding tluiir vessels at appraised
value, and to have the sale then about to take place postponed pending the settlement of
the (juestiou.
After representation Imd beei-. .leeordingiy made, Mr. Hayard informed Sir L. S. M'esi
that the Acting Attorney-Genii a! had directed the jjostponenient of the sale, and had
instructed the United States' Marshal to receive bcnids in lieu of the vessel.
Mr. Bayard subsequently inclosed, under cover to Sir L. S. West, letters from the
United States" Marshal for the District of Alaska, in which he reported that the original
appraisement of these vessels was excessive, and thai the value had still further
deteriorated in eonseciucnce of the climate of Alaska. For these reasons the owners of
all these vessels, with the exception of the owners of the "Anna Heck," refused to bond
them at the old appraisement. The owner ot tlie '■ Anna I'.eek ' alone was willing (o give
a bond at the original ap[)raisement. subject to a final settlen.ent of the matter without
necessitating an appeal to the Supreme Court of the United States.
Accordingly, the Government ofCanacia recpiesled tlie British (iovcrntnent to move
the United States' authorities to authorize the i'ea|)praisement in the cases of the
" Grace " and " Dolphin," and to sanction the bonding of the " Anna Beck " in the
manner proposed.
After much delay, it was intimated that tin. ale of these vessels woidd be prceodcd
with, and a reappraisement and bonding as above would not be sanctioned by the I tilted
States' authorities.
From the correspondence herein reviewed, it will thus be seen that the only ajjjjeal
m the Canadian case from the Judgment of the Court of First Instance which has been
preferred is in the ease of the " \V. P. Sayward," seized in 18^7.
This case has been duly inscribed in the Supreme Court of the United States for
nearly a year, and, on incjuiry, the Undersigned learns that it will not be reached in its
turn for argument for another year ti'om this date. It further a])pears that the suits
regarding the United States' vessels seized under similar cirenmsfanees have been discon-
tinued ; that no test ease was ever agreed upon ; and that the United States' Government
w )uld not sanction the release ami bonding of the seized vessels pending a settlement of
the question.
The owners of tin; " W. P. Sayward " having to await the almost endless delays
attending the arguments and decision of a case in the Sui)reine Court o( the United States,
the question whether an ajipeal lie. in such a case being also involved, and the administra-
tion of that country evincing no desire to reach an early decision in their A|)pellate Court
upon the cjuestion at issue, the Undersigned liope> 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<s><ion ol tlio inloi'iiiiitioii in ils |iiiHm<HMi()ii, mid i|
\» willi tnucli ri'grcl lluil, iil I his (iitlc, wlicn llui |i(<i'iti(l I'nr ii|i|iciilin}; Iiuh lotif; n\\\n>
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|iitti<l\ aliovc nii'nlii>i\(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 l<evi>nne 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 j<ivcii liko
notice lo tlx' tiwnrr i>r 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 <leNpnl('li rcfeircMl lo in MnrHliid Alknis' lelt('r, and of t.lie
order inndc thereon Uy .Fndfre Duvvhoii, of llie Uniled Sinter' DiHiricl. Conrt, Alnnlui, I
obliiiiu'd siiorlly nftt'rwnrdH liorn llie ullieinl n^eorcU nl. Silkn : —
"To-Iudge Lit Fnyelle DuwMon luid M. I). Itnll,
"llniled SliileH' DiHiriel. Altorney, Sillui, AlnHkn,
" fytisliiiii/liiii, .linniiin/ '2'(, IHH7.
" I inn directed l>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<M'eliy dir(;cfcd lo rele.iM! Ih<! vchhcIh ' (!nrr)lcnn,' 'Onwnrd,' nnd
'Tliornlon,' nnd 'San l)i<'go,' which were sei/ed in IJehrinK'H Sea for violation of
H'rtiim I'jrili llniled SlafcH' Slafutew, to^'elher with their tackle, apparel, skitiH, Kuim,
imununition, small hoalH, and everything perlaininv to said vesseh:.
"ThiH lOlh day of Fehnniry, IHS7.
(Signed) " F-A {'"Avi'.rrr. Dawson, Dixlrirl Jmli/r,
" IHslilil of Alaska.'"
Ahont the time I received tlu! ahjve Iclli r I nut tla; Mnrshnl in IImh city, and asked
liini why no ()fli(;ial notice of the release of these schooners had heeii given lo the owrmrs.
In rrply, he said la^ thoiii;hl it had h.ien done, hiil il not he would attend to tin; mailer on
his return to Sitka. Such notice not coniinj; lo hand as cxjicclcd, I, on the IHth Ortolicr
following', wrote the Mursliul as follws: —
"Ikrion AtkinH, Ks(|., United Stat(;s' Mursl'.d,
"Sitkii, Alaska.
I "My dear Sir, " Victnria, lirllixh. (Jolomhia, Orlolmr ]l,, \HHH.
"You naiy renienda'r a conversation I had with you when in Victoria in rcfercnei? to
I the iU)n-rcceipt of ollicial nolictr of the release ,)f the Hchonner ' Oarolcna ' at Ounalaska
I liy l:er owners. At their rccpiest I havit to ask that you will kindly forward the same lo
inu by return mail. 'I'hi^ owners, as you may notu;i; on relerriii'.^ to the records of" the
(ourt, are Munsie and Co. (Munsie und (!o.) ol'this eity.
" I am, &e.
(Signed) " A. L. Hki.yka,
" Atforitry for Mnnsie and Co."
By return mail 1 reeeived from the Marshal a letter, sayin;^ that official notice had
Ibeen sent to tlie owners of the "Carolena," with an (aiUrr direclitr.' llio Deputy Collector
latOunalaska to deliver the vessel to the owners, which notice and order are to he found
Ion pp. 7 and 8 of Mr. Milne's staleim iit. Thus it was that not till nr-irly two years aiter
Ithe Wnsbington authorities ordered the release of this vessel, anrl then oidy after a-kincj for
lit was sueh notice reeeived; nnd to this day the owners of the "Thornton" and
rOnward" have reeeived no such ofheial ncjtiee or order for delivery, and could not, if
|lky so desired, obtain possession of their vessels.
The telegram ordering the release was received at Sitka on the 0th February, 1888.
tie vessels were then under order for sale, which order Judfre Dawson immediately
m
■i 1
p
■.Ki
dad
revoked, and on the 19tli of same month made the order for tlie release above recited,
T!jis order was given to tlie Marslial, Imt for tin- reasons apparently mentioned in the
Marshal's letter to me of the 4lh Aiii,'u.st, 1S8S, the matter droppi'd.
The oltieials at Sitka took no steps to find out wlu'tlu'r tlic telegram was i;ciuiiiiu nr
not, nor did they, so far as [ can learn, ever acknowlcdm' oi' notify the Wasiiiiiijtiiii
auiiiv)rities of its rceeipt. 'I'hii* shutllini; on tli'j part of tin; Court Secretary calls " some
misconception and mistake," hut those who know an 1 luive felt the power oi' the Aliskii
Connnercinl Company in Alaska call it a vastly dillbrent, name.
Appcridix (B).
Extract of n Lrtter f'mvi ^fr. A. L. lirli/ed to tlir Di'piitii Mlniflcr nf Fislipriv.s,
Moj/ '■I'.i, ^HHH.
'• Tlie [the owner] had frono to Sitka to secure, if possible, the release o( all tlii'
schooners seized in 1887, viz.. the " Grace," " iJolphin," "Anna Beck," " W. P. Say.
ward," and " Ada." The bond on release was conditioned on prosecuting an appeal from
the Alaska District Court In tlie Supreme Court oi' the United States. 'I'he formal
motion thus became one for . ave to perieet an appeal, and such motion for each of the
vessels was made on the Htli April last be(br(! Jud{j;e IJawson at Sitka, and in every case
refused, on the grounds that the time for allowing an a|)peal had expired. Captain
Warner's Counsel then applied for a VPt'ord of the order refusinu; leave to appeal. This
was on Saturday. On Monday following. .April tin; Kith, without any a|)plieation therefor
by the defendant or any one on his behalf, .ludge Dawson oil'ered to rescind the order
of Saturday in the ease of the " W. !'. Sayward," and release her to the owners. She
was then lyini^ at Puget Sound, under an order far aide on that day. The otler was
accepted (contrary, as Captain ^^' irren says, to the expectation of the United States'
authorities at Sitka), and the order of the previous Saturday iscinded, and leavo granted
to ap|)eal. 1 am not informed as to the amount of the bund.
Appendix (B 2),
[This lit identic witli Appendix (A) from Mr. Atkins' letter of August 4, 1888, to
the end.]
No. 239.
Afr. Kdwardp.s to tlw Marijiils of S(ilisliin-i/, — [lirveived Or.toher ii8.)
My Lord, Wasliiiujton, October i), IShiO.
WITH reference to the (jnestion of appeals filed in the Supreme Court by owners of
scalers in jk'hring's Sea, of which up to now it has ben believed that there were none
but the case of the " ' W. P. Say ward ' j;. the United States," I have the honour to
inclose a co|)y of a xMemorandum whieli I liave received (rom Mr. Calderon Carlisle on
the subject of an appeal, vi/., "The schooner 'Sylvia Handy ' r. the United States," which,
it ap|)ears, had eseajied the notice of even the Clerk of the Court, in spite of the many
a|)plieations which have of late, under the direction of Her Majesty's Legation, been
made.
I shall not fail to secure copies of the record, should it bo printed.
1 have, &c.
(Signed) li. G. LDWARDES.
; ' ■' ^ • Inclosure in No. 239,
Meinorandu-n, as to the Case of the Schooner " Sylvia Handy" v. the United S<a<es.—
(October Term, ISm, No. 6^3.)
'11 IK Clerk of tlie Sii|HTme Court telephoned me yesterday that he had discovered
the above iipi)oiir on the f'ockit of tiie Court, of wliieh he knew nothing on my last visit
there. The record, whieh 1 have examined, is practically the same as that in the case of
the "Sayward." It seems to have been tiled on the 16th June, 1888. Mr. McKenna,
Meiiil)i'r of Congress from California, entered his appearance to secure the filing of the
record, but the real Counsel in the case is Mr. Howell L. Powell, 207, Sansome Street,
Sail Francisco, Culifornia.
The Clerk's attention was called to this case by the visit of local Counsel yesterday,
to leiuii the c'xi)cnse of priiitiiii; the record in the case. There is ineluded in the record
a hriit for claimants, which discusses the pretensions of Russia in Behring's Sea. The
schooner's -argo consisted of 1,079 skins, and the schooner and her cargo were appraised
at 12,673-25 dollars.
The schooner is described as of San Francisco, appears to be registered in the United
States ; and there is a certificate of deposit of some of her papers with the United States'
Consul at Victoria, British Columbia. The capture was made 17 miles from Cape Cheerful
in 54° 12' north, 166° 60' west. The vessel was captured on the 2nd September, 1887,
with forty-two unskinned seals on deck.
(Signed) C. CARLISLE.
Washington, October 1, 1889.
No. 240.
Mr, Edwardes to the Marquis of Salisbury. — {Received October 28.)
My Lord, Washington, October 15, 1889.
I HAD the honour to receive your Lordship's telegram of the 14tii instant, in which,
with reference to my despatch of the 12th instant, you informed me that the unofficial
assurance given to tier Majesty's Government by Mr. Bayard that no further seizure of
British vessels in Behring's Sea should take place pending the discussion of the points
at issue between Her Majesty's Government and that of the United States, which was
referred to in your Lordship's despatch of the 2nd October, was the assurance which was
given unofficially by the United States' Minister in London and also by Mr. Bayard to
Sir L West in the month of April last year.
With tiie view of removing any misconception on the part of Mr. Blaine owing to the
reply I had given to his inquiry when reading your Lordship's above-mentioned despatch
to him, that 1 believed the assurance referred to was given by Mr. Bayard in a letter
addressed to Sir L. West, and that the letter would be found in the printed correspon-
dence on the subject which was laid before Congress this year, I wrote to Mr. Blaine a
letter, a copy of which I have the honour to inclose, in accordance with the information
witli which your Lordshio did me the honour to furnish me in your telegram above
referred to.
I have, &c.
(Signed) H. G. EDWARDES.
'W
Inclosure in No. 240.
Mr. Edwardes to Mr. Blaine.
My dear Mr. Blaine, Tfashington, October 14, 1889.
WHEN I had the honour to read to you on Saturday, the 12th instant, two
despatches addressed to me by the Marquis of Salisbury on the subject of the seizures of
Biitisii sealers in Behring's Sea, you inijuired of me, when I reached the passage which
I runs as follows: "Mr. Briyaid did, indeed, communicate to us, unofficially, an assurance
lliat no further seizures of this character should take place pending the discussion of the
[128J 2 X
388
questions involved between the two Governments," if I eoiild tell you in what wny this
ussiirimce was unollieially communicated to Her Majesty's (loveinnicnt.
I replied that I believed it had been so commuuioated in a letter addressed bv
Mr. Bayard to Sir L. West, and that that letter would be found in the printed eorre-
spondence on the subject laid before Congress this year.
1 iiave since learnt that the assurance which Lord Salisbury had in mind when writinfr
the despatch I read was not that to which I referred in my reply to you, but wiis an
assurance eonnnunicatcd unollieially to bis liordship by the United States' Minister in
]^)ndon and also by Mr. Bayard to Sir L. West in the month of April last year.
I have, &c.
(Signed) H. G. I-iDWARDKS.
No. 241.
i
Foreiijn Office to Colonial Oj/ice. -■'■ ' '
Sir, Foreign Office, November 2, WHS).
1 HAVE laid before the Marquis of Salisbury Mr. Meade's three letters of tiie
24th ultimo, with their inclosurcs, relating to the question of the seizures of liritisli
scaling-vosscls by the autiioritics of the United States in the waters of Behring's Sea.
In reply, 1 am directed by his Lordship to request that you will state to Lord
Knutsford that copies of all these papers will be forwarded at once to Her Majesty's
Minister at Washington.
1 am to suggest that the Govenior-Gencral of Canada should be informed that
Sir Julian Pauncefotc, before leaving for his post, wus instructed to take the earliest
opportunity of discussing the (piostion with Mr. Blaine.
Lord Salisbury proposes to await Sir Julian's Report before deciding as to what
further stcjis should be taken in the matter.
I am, &c.
(Signed) T. 11. SANDEIISON.
No. 242.
The Marquis of Salisbury to Sir J. Pauncefotc.
Sir, Foreign Office, Noiiemher 5, 1S8().
I HAN^l'l received Mr. lidwardcs' despatch of the IStii ultimo, forwarding co|)y ol
the private letter wiiich be addressed to Mr. Blaine respecting the unoHicial assurance
given to Her Majesty's Government that no further selviure of British vessels in Behriiii,''s
Sea should take place pending the discussion of the points at issue between tiic two
Governments.
I have to inform you that. Mr. Eclwar ..' action in this matter is approved by Ikr
Majesty's Government.
1 am, &c.
(Signed) SALISBURY.
No. 243.
Sir C. Lampson and Co. to Foreign Office.-— {Received November 7.)
Dear Sir, " • ^^^ Queen Street, London, November 6, 1889.
WE addressed Lord Iddesleigh on the 12tli November, 1886, on the subject of the
Behring's Sea seal fishery.
Since that time the number of sealing-vessels, mostly owned in British Coluuibia,
has steadily increased, and this year, owing to the high pnces obtainable for the skins, as
many as fifty schooners, some of them fitted with steam, and amply provided witii fire-
arms, have been engaged in the capture of female seals.
339
It is estiiimtfd that their cntcli this seiison will amount to no \v,»» tlinn 10,000 skinn.
This iiiimlier docs not inciudc! the many iniiuuiLs killed or mutilated, hut nnt rclrieved.
Now, if tliis iudiscriminnte slniii!lit('r of female seals eannot he sU>])|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<l to follow in the event of
('a|ttnin Shejipard's arriving at Victoria.
Your Lordship will note the recommendation of the Minister of .Marine and I'islicrics,
that the High Commissioner he instructed to place himself in pergonal communication
with Her Majesty's Government, with the object of expediting a satisfactory settlement of
the general question of seizures in Behring's Sea.
1 have, &c.
(Signed) W. .T. RITCHIE, Deputy-Governor.
Inclosurc 2 in No. 244.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency
^ ^ the Governor-General in Council on the \Hth Octooer, 1889.
ON a Report, dated the I'ith October, l«89, fiom the Minister of Marine and
Fisheries, stating that the following telegram has been received from Messi-.s. Carnie and
Muiisie, of Victoria, liriiibh Columbia, on behalf of parties interested in the fur-seal
I fisheries of Behring's Sea: — . .^,,,i, ...... j.. i., ., ..,
[126] ■ 2X2
m
340
" Cutter ' Rush * expected here. Owners of seized schooners tliink of holding
Captain Sheppard to bnil in action lor damages. Wliat do you udvisu?"
To which tiie Minister replied as follows ;—
"Telei^ram yesterday received. Cannot advise under present circumstances, hut hln
not anticipate any beneficial result from sucli a course."
The Minister submits that, while his reply discouraged the action contemplated by tlic
parties interested, it is quite competent for any British subject to institute such proeec(iin;,'8
under the ]^w of Canada.
The Minister desires to reler to a new8|)aper cutting, herewith annexed, tuktti from
the " Ottawa Citi/en," purporting to be a report of a reply by Ca|)tain Sheppard, of the
United States' Revenue-cutter " Richard Rush," to an intjuiry whether he had any know-
ledge of the intention indicated in tlie above tek'ijram.
The Minister, with reference to the intbnnation supplied from time to time to the
Imperial Government on the subjeet of the seizure of Hritish vessels in the liehring's Sea,
and to tiic great national importance of tlie earliest possible settlement of the (piestion,
owing not only to the eoiuiimation of the outrages during tlie past season by Uiiitcii
States' Revenue-cutters, but to the growing doubt on the |)art of tin; Canadian people as to
whether Her Majesty's Government will actively support the demands of the Dominion
of Canada in consequence of the long delay which has taken place in arriving at a satis-
factory adjustment of the question, recommends that the High Commissioner for CiiiiKJa
m London be directed to place himself in personal eommunication with Her Majesty s
Covernment, with the object of expediting in any way he may be able to do a speedy anil
satisfactory settlement of the <iueslion.
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, and that a copy
be also sent to the High Conunissioner for Canada.
All which is respectfullv submitted for your l"> '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(<rtli, without limitation, into the same frozen ocean. The same western limit,
hi':;iiiiiing at the same initial point, jiroceeds thence in a course nearly south-west through
lii'hnnj:'s Strait and Beiiring's Son, so as to pass midway between the Island of Attoo
and tin- (.'op|)er Island, of the Kormanciorski couplet or group, in the North Pacific Ocean,
totlie meridian of H).T west longitude, so as to include the whole of the Aleutian Islands
cast of that meridian."
Russia's title was based upon the following facts ; —
Bcluing's Sea, formerly called the Sea of Kamchatka, was discovered by Vitus Behring,
)i lUissiaii subject and officer, in \72r). From that date to that of the purchase of Alaska
In tiu' United Statis, its waters were surrounded by Russian territory, except Behring's
Slniit upon the north, and the south-west outlet to the North Pacific Ocean. Soon after
its discovery, it was occupied by Russian citizens as traders and fur-hunters, and several
trading stations were established upon its coasts and islands by Russian subjects.
In 174.'), the Aleutian Islands were discovered by Russia. In 1768, Behring's Sea,
1 the whole archipelngo, and the Peninsula of Alaska, were ex|)lored by an expedition
ordered by the Empress Catherine. Subse(|ucntly, Russia caused four other expioririg
expeditions to be nuide, in 178,'5, 1803, ISl.'J, aud 1826. Vancouver discovered the coast
of IJritish Columbia in 1790, and in the same year the Columbia River was entered by
Oray. It will be here noted that Russia's discoveries and titles on the north-western
coast antedate those of the other nations some sixty-five years.
In 1764, the Russian (iovernment granted the right to trade on the Aleutian Islau(i>
[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!<ian (iovcrninent lli;it ihtir
rights under their Charter were hcing dislnrhcd by liio intirlerence of foreigners, the tlim
Emperor Alcxandi r issued his Maniftsto, exleiiding his dominion to the r)lst parallel on tli(
-North American coast, and prohihiting tbreiini vessels from npproachini; within 100 niik,
of the shore. I quote from said Manifesto us follows : —
" Section I . The transaction of commerce, und the pursuit of wimliitg and fishini^, or
any other industry, on the islands, in the harhours and inlets, and, in gcnend, all ulon"
the north-western coast of America, from Behring's Strait to the 51st jiarallel of
northern latitude, and likewise on the .Aleutian Islands, and along the eastern coast of
Sihcria, and on the Kurile Islands — that is, from l^ehring's Strait to the soutiieni
promontory of the Island of Urup, viz., as far south as latitude 45° 50' north— arr
exclusively reserved to suhjects of the llussian Empire.
" Sec. -. Accordingly, no foreign vessel shall he allowed either to put to shore at anv
of the coasts and islands under Russinn dominion, as 8|iecified in the preceding section, nr
even to approach the same to within a distance of less than 100 Italian miles. Aiiv
vessel contravening this provision shall be subject to confiscation with her whole cargo."
To this I'dict, the Governments of the United States and Great Britain enteral
protest, in so far as it extended the dominion of Russia 4'^ .south, and to the lOO-mil,
limit. Mr. Ailams, then Secretary of State, conceded the houndary named in the ('iiarlcr
to the Uussian-American Company, viz., to the 55th parallel on the coast of the North
Pacific Ocean, hut resisted the claim of Russia to the coast between the .'Jlst and .")5tli
jiarallels north, also the exclusion of American shijis from the North Pacific Ocean,
stating that " with the Russian Settlements ut Kodiac, or at Sitka, the United States ma\
fairly claim the advantage of a free trade, having so long enjoyed it unmolested, anil
because it has been, and would continue to be, as advantageous to those Settlements ns to
them."
Mr. Adams also said, " It may suffice to say that the distance from shore to shore of
this sea, in latitute 51° north, is not less than 90° longitude, or 4,000 miles," hiivin;
exclusive reference to tho Pacific Ocean.
A careful examination of the protests l)cfore mentioned and the correspondence in
reference thereto, as well as tlie Treaties which settled the controversy — that of 1824
between Russia and the United States, and that of 1825 between Russia and (!reat
Britain -will disclose the fact that they all had rclcrenee to the coast and waters of the
North Pacific between the 51st i)arallel nortii latitude ai\d .Mount St. Elias and tiast of
the i4ist meridian of longitude. In all the protests, correspondence, negotiations, and
Treaties, tiierc is no allusion to Bchring's Sen, the Aleutian Islands, or to any rej^ion of
country or sea within 1,000 miles of its eastern border ; hcitce the sovereignty assntrd
and maintained by lUissia over that sea from its discovery to its partition and cession
to the United States, a period of over 140 years, has never been oflieially questioned or
denied.
At the time of and when negotiating these Treaties, the High Contracting Powers all
knew of the existence of Behring's Sea, the Aleutian Islands, the Prebilov Islands
(St. George and St. Paul) within Behring's Sea, and the valuable life on them and in
their surrounding waters, and that these constituted the chief value of Russia's possessions
on the North American coast and waters. Charts had been published before and as earlv
as 1805 by England and Russia, as accurately bounding and defining the waters of
Behring's Sea on the north-west coast to the North Pacific Ocean, as do the Maps of
to-dav, Behring's Sea then being called the Sea of Kamchatka.
In these Treaties, there is no allusion to, or surrender of, Russia's dominion over
lielning's Sea and the Aleutian chain of islands by expression or inference. Rii.ssi..
surrendi'red or ahundoned her claim only to the control of the North Pacific Ocean and to
the north-west coast south of latitude 54° north, yet her title to the Aleutian Islands,
extending as fur south as 51° north, latitude und longitude 106° to 167° west, is not and]
never bus joen disputed or invalidated.
n^3
It will be obderved by the dcHCiiptioii ol tirritoiv granted to uh in our purclniHe of
Alaskii, tliut it» western lioundary dividcN IkluinK's Si-a between us nnd Siberian Knai*ia,
ami tilt' fact cannot l)e siietestNluily denied, mh it is a matter of hi«tory, that KiiMia, from
luT <li"<'Overy of Hclninjj's Sea down to the eesiion to the United Slntec, lias controlled
tlip iiavijjation of its waters and the takin;? of its murine life. To this end her navy has
patrollcil it, and, in pursuance of her laws, taken, coidiscated, atid burned inaraudin<!
vTjisels; 8i)e has since pursued, and is now pursuing, the snnic policy on iu'r part of
Delirini,''!* Sea.
In conllrmation of this, I (juote from the oIKcial order issued by the Russian (Jovern-
iiiciit, as lute U8 the 13th January, 1882; —
" Notice. — At the rcejuest of the local nuthoritiea of Rehring and other islands, tlie
Uiidcisigned hereby notifies that the Russian Imperial Uovernmcnt publishes, for {general
knowledge, the following;: —
"I. Without u special permit or licence from the Governor-General of Eastern
Siberia, foreign vessels are not allowed to carry on tradinj,', hunting, fishin>,', &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 <ii'iL;in Uiiiii (lie iiiklc oi' tliimi' ,jap''i'>, 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<l not irK;lM<le the \\u\\v>- " 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 |><rt ol lii'in iiii':;V Sea, nwd arc hiiMlin^'dn
all the nations which Ni}j;iK'd tlics(« 'IViratirs; tlni* RnHnia mvcr after thr dale dC tin,,
'IVealies asserted or riainicil any .iiirisiiict.ior: ov«-ir DclMiiwvk^'s Sea, him! ,;.n'er ai'tcrwiinls
interfered wiih the lishinir i)y fhf vessH«i of ofiher ni»f«»»«i« #' its wirf^-w; an'i last, lail imi
least, that linssia iifirr iiutrd nor ^' •tmidvtl In ci'ilr I'l hs wiHfii .<mii n^ divminin^t of ami kiml
(Wi'r 11111/ .v(/ il'hiitsnvnr .
Tile ih'lendcis ol the ici/iirc-. ttk not itrodiire, or even 4<We^e liMt. tlkeri- exists, any
dWect dneinnenlaiv pro,)!' of the ^tn-d'HMJed di >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 (lej<rec."
(This includes every part of the present llelirin;^'s .Scii.)
(I*. 2IK.) Treaty (if Cession, 'Jnih .)iine, IS(i7. I.asi clans'.' of Article I, stiitlnd
wckU'I'ii limit of the cession : '' . . . . sons to pass midway hctween the Itilund nl AiihuI
and the CoppiT Island of the Koinaiidurski couplet or ijronp in the Sortli I'mm
(kt'iiii . . . ."
(Attou lies in .'f2" .'>7', 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
'<fthe Aleutian Islands eastof that mirridian."
.icle II. In the e( s-ion of lei rilnry and dominion made liy the preccMlin^ Article
' tn: included the ri,i;hl nf pr(i|icrly in all |iul:ijr lots and sipiai rs, vacant lands, and all puldic
.MiiMings, fortillcations, harracks, and other ediliecs which arc iwit piivate individiiid
jjfojx'rly." The rest of the provisions reli'r to churches and to puhlic archives.
Article III refers to the rights of the iidiaiiilanls.
Article IV refcrn to lh(! appointment ol agents lor tl
/ ipir ceded.
>r'fU'. V r(d'ers to the ox<dian|.'i' of ratilication.
U- VI Huyti .... tluM'cssion ofteri'ilory and dominion herein
liansfer of the tta'rilorv and
ili'i'iii'
pDHSCs;
idler. (.1
T ■ ni^vci • • • • I'lii- t\nni«(ii \n iAiiiti/iy itmi lofiiiiiiiiiii iit.ii iii Jill Kit- IH ll(*r('i)y
M' lre(! and uncncundi(U'cd hy any reservations, privileges, franchises, grants, or
)y any associated (!ompanii's, whether (roi'porate or incorjiorate, Russian or any
Mil, <» , any pai'ties, e\c(^pt merely private individual property-holders ; anil the
. .moil hei.'.y made (Minveys all the rights, franchises, and privileges now belonging t(»
KuHHM >ii tlx said territory or dominion, ami appurtenances llareto.''
No s*.' .r dominion over any sea is among the things cmnmTated as <;edc(l. No
do<iii»«>ii 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 <ipi>uilrn<iiiit to territory.
>' 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<l is known to have insisted on
ll;i! insertion of the dauHu in Artielu VI (cited above) that "the territory was free and
mioiicumbcred," &c.
Now let inc say a it^w words in sup|iort of my charges against Mr. I'Vlton and his
(ellow-advocatea of the ucizures of niumifueturc of evidence, of aiipiiresiiiu vrri, and
[12HJ U Y -2
. I 1
■'; I
: f!.^
i
H't;^
I
I
348
suggestio falsi. I repeat that every allegation concerning important facts is more or
less untrue, and every essential quotation more or less twisted and perverted. To
expose all of these sins here is, of course, impossible, so 1 confine myself to a few
examples.
'lake the opening assertion in Mr. Fclton'a article : —
"The title of the United Stales to Alaska and the iiehring's Sea was accjuired from
Russia by the Treaty of Cession o! 1^68 [misprint for 1867], 'in which she ceded and
conveyed all the riglits, franchises, [and] privileges now belonging to Russia in the cecleil
territory or dominion, and appmtenanres thereto;' the same being contained within the
geographical limits herein set forth, to wit:" followed by the description of them, as
quoted by me above. Here a stiaightforward and iionest quotation of Article T of the
Treaty would at onee have exposed the fallacy of the above assertion as regards Belning's
Sea, and so a little game of selecting and arranging suitable passages is resorted to. The
most essential jiart of the particulars uiven in Article I, the enumeration of the territory
and dominion ceded, is suppressed. For it is substituted something cut off from tlie oiul
of Article VI, the general covenants of secondary importance, usual in conveyances, wliicli
can be correctly interpreted only by reference to a preceding enumeration, and then coincs
the rest of Article I, the description of the geographical limits. The effect aimed at, and
probably attained in the case of most readers, is to hide the true import of .Article I, the
simple statement that ( veryMiing ceded was included within certain geographical limits,
and to create instead the false impression that everything embraced within these iiiiiils
was ceded; to create the false impression that as a large part of Behring's 8ea was
situate within these limits, such part of this sea was consequently also ceded and
conveyed.
In like manner Mr. Felton's mere reference to, without proper quotations from,
our protests against Russia's pretensions, destroys the emphasis, belittles and belies tlic
scope of Secretary Adams' categorical and all-embracing, " can admit no pari of these
claims."
Again, Mr. Felton's assertion " that Russia, from her discovery of Behring's Sea
down to the cession to the United States, has controlled the navigation of its waters and
the taking of its marine life. To this end her navy has patrolled it, and, in pursuance of
her laws, taken, confiscated, and burned marauding vessels ; she has since and is now
pursuing the same policy on her part of Behring's Sea," is simply a glaring untruth.
Mr. Felton does not, of course, cite any case of such confiscation, and none occurred;
for since the Treaties of 1824 and 1825 Russia never interfered with foreign vessels
fishing in those waters, though foreign whalers frequented them during the whole of the
time referred to, and literally swarmed there by hundreds during the years of the
prosperity of that pursuit. On the contrary, Russia in 1842 refused officially a demand
of the Russian-American Company for interference with those whalers on the express
ground that the Treaty gave Americans the right to fish over the whole extent of the
P^icific Ocean (see Bancroft's " History of the Pacific States," vol. xxviii, p. .')83).
And it may be well to remind Mr. Felton that seal-fishing on the high seas is just as
legitimate in international law as whale-fishing there.
Just as little as Russia interfered in times gone by does she do so now, and the
inference to the eontra.y which Mr. Felton pretends to draw from an official Russian
Notification of the 15th November, 1881, is as unwarrarted and as misleading as mf ,t of
his inferences. Mr. Felton assigns a wrong date to it, but quotes it correctly and m
extenso. It forbids foreign vessels to carry on, without special permit or licence, tradin;.',
hunting, fishing, &c., on the Russian coast or islands in the Okhotsk and Behring's Seas,
or on the north-east coast of Asia, or within their sea boundary-line (the italics arc
Mr. Felton's). There is nothing andiiguous in the language of this Proclamation, says
Mr. Felton, and this is indi.'ipntable. It is this gentleman alone who introduces ambiguity
and even misrepiesentation into the d'scussion, when he proceeds to say : "It means that
Russia will enforce her sovereignty over the western half of Rehring's Sea n-itliin her sfa
boundary-line." Certain phrases have certain definite and well-established Uicanings, are
employed exclusively in such accepted signification in official •locutnciits. and are always
interpreted strictly in tlus sense. The i.jcepted sense of sea boundary-line, with reference
to coasts and islands, is a line three miles seaward from low-water mark cu the siiore, and
thei'c is consequently no warrant for Mr. Felton's ])ieposterous misinterpreiation. Pi'riisal
of pp. 2.'j1 to 27'5 of the official document above referred to (Sen. Ex. Doc, No. lUO)
would have linnished Mr. Felton proof of the untruth of his asscrtio.i and of the falsitv of
his interpretation. Oidy tlnce cases of interference are theie meiitioned ; none of tliein
weie for acts done on the high sea, but all lor acts within the 3-mile limit. Two of
these seizures took place in the Russian part of Behring's Sea, ami if Mr. Felton's
948
livnothesis ot a division l.etween Russia and tlie United States of exclusive jurisdiction
over this sea lias ever been adopted by onr Government, the wonder is how it could
consistently take any ofKcial notice of an exercise of such jurisdiction by Russia that would
be perfectly legitimate under said hypothesis.
Mr. Fclton's manner of arguing, his way of stating a jiroposition and drawing
inferences from it, oHbrs a refreshing contrast to the stale rules of logic hitherto considered
as liinding upon a writei-. His method of geogra])iiical definition is also quite novel, and
I confess I have not been able to master it. Here is a specimen which is entirely beyond
me; " that they [Treaty of 1824 and otiier documents] all had referancc to the
noast and the waters of the North Pacific, between the .5!st parallel of north latitude and
Mount St. Elias and east of the 141st meridian of longitude." Mount St. Elias is a good
many miles inland, and this is the Hist instance i<nown to me of an inland mountain being
pressed into service as a tcnninal point of "coast and waters."' Besides, this limitation of
the ii|)plicati()n of the Treaty of 18'J't leaves a very long coast-line of the Pacific, and
nii(|uesiionably not of Behring's Sea, viz., that from 141° west to the south-west extremity
of tlio Peninsula of Alaska in about 1(J3° 30' west unprovided for. Was .here some
kind of " acquiescence" about this long coast-line, loo, and if so, what was acquiesced in?
The |)i>.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 an<l statements in support of the
views expressed in the Minute above referred to : they arc as follows : —
Appendix No 1. Statement prepared by practical seal-hunters.
Appendix No. 2. Statement prepared by A. R. Milne, Ksq., ^ivinf; u history of tlio
sealing industry as pursued by British subjects in tlie Ikhring's Sea.
Appendix No. 3. Solemn ileclaralion of Carl A. Lundburg on the slaughtL-r ofaiioni
10,000 seals at Robin Island by the crew of the schooner " Ijcon," a watch-vessel of tin
Alaska Commercial Company.
'J'lie Minister states that it svill be seen that the first Appendix, in which the dift'innt
hunters describe their operations in detail, fully bears out the position taken in llic
Minute of Council of the 14th July, 1888, that the destructive nature of the modes of
kHling seals by spears and fire-arms has been greatly exaggerated by the United States'
authorities, a very small percentage of loss occurring. Also that the operations of the
Canaoian sealers in the Behring's Sea are of necessity during the months proposed by the
Honourable Mr. Bayard as a close season.
'I he Minister desires to invite particular attention to the fact that, while female seals
with |)up are taken to some extent along the coasts a])proaching the Behring's Sea, siicli
instances are of rare occurrence in the sea itself.
Appendix No. 2 treats altogether of the history and extent of tlie Canadian sealiiij
interest in tlie Noitli I'acific Ocean and Behring's Sea, and concludes by siiowing that, ;ij
the seals travel singly and in pairs, not in droves or numbers as has been claimed, therein
no opportunity for the indiscriminate slaughter alleged. The percentage of seals wounded
or killed arn! not secuied is placed at 6 per cent.
The Minister of Marine and Fisiieries is of opinion that the action desciihed in
Ap|)cndix No. .'5, of the servants of the Alaska Connnercial Company at Robin Island,
under lease to them Ironi Russia, in wantonly and maliciously slaughtering oa their I
rookeries 10,UO() seals at one time, principally cows and pups, and destroying their skins
for the avowed pur|)ose of insuring the failure of other sealers, is but another argument
against securing a monopoly of the seal-fishing interest in the North Pacific Ocean for tlic
Alaska Conuntrcinl Company, and while this one act has been more destructive tiian the
combined operations of the other sealers in the Behring s Sea, it rendeis altogether erroneous
the interfeicnce of United States' authorities on the plea of protection with the legitimate
pursuits of sealers in the open sea.
The Committee concurring in the above Report recommend that your Excellency k I
moved to forward a copy hereof to the Right Honourable the Secretary of Stat(! for ihc
Colonies, and that a copy be also forwarded to the High Commissioner for Canada for his
information.
All which is respectfully submitted for your Excellency's approval,
(Signed) JOHN J. McGEE,
' ' , "." " Clerk. Privu Comril.
I
It
}
■» '
•■
1 .
. ■ 1 -l-Jl; . 1
! 1 ■
■..)'_...;.. 1
. .1 :-.Ji
I'll ■!. 1 -.tl 1
1
(■
■ ■■
<»
1 : - •! .fii
,; {■
1,
*«■ ■
:>M 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
<li»l lit, nr killed, or wounded, but which escaped. In my second year I H<'t over oOO and lost nli(ait
ihiitv. This year 1 i,'()t 140, anil lost only one. J have frequently shot from two to ti\'e seal in a
biiiiili, and f,'ot them all. One day in 1887 I }{ot two bunches of five each and another of four, niul j,'ot
the whole fourteen.
Imliiiu hiniters use spears, and either i,'et every senl they throw at or it escapes unhurt, oi- but
jliulitly wiaiuded. Inilians, it can be safely said, {-et ((very seal they kill.
( lacar Scarr, .a hunter on the "Viva" in 188S, ftot over GOO seals, ami lost only about twenty.
The iiveni^'e inim)«'r lost by white hunters does not exceed six in 100, and by the Indians not six in
1,000. I have never .'ihot nor havo 1 ever .seen a fV^nuvle .seal with a young one beside or with her. It
is very seldom a female is killed in I'ehring's .Sim, carrying her J'oung with her, and out of 1,000 killed
nil till' const earlier in the seasr)u less than one-third are females carrving their young.
(Signed) WM. FEWINGS.
Vuloi-iit, llrUish Volnmlna, Avijust 0, 1880,
Viqitain J. D. Warren.
I am a master mariner, and have been actively engaged in the ilee])-sea sealing business for twenty
years. I have owned and commanded sealiiig-vessels on voyages along the Pacific (Joast from
47' or 48' north latitude to 50° or .'57'^ north latitude within I'ohnng's Sea. 1 have generally
enipkiyed ludiau.s, exeejit in 1880 and 1887, the Inst years T was out, when I had white hunters as well.
Whito hunters use rifles and shot-guns entirely, Indian hunters use spears. I'lnllets weighing from
"0 to 400 grains are used with rilles, and ordinary Imck-shot with guns, I'.oth rilles and shot-guns
ire liivecli-loading, and of the iiest make. Seals are approached by the hunters in boats, to 1(1 or 15
v.iiils, lying generally asleej) on the water, Kreiiuently seals are taken alive when aslee)p, especially by
. tile Indians, who, in their canoes, get within from a spear'fi length (14 or 15 feet) to :!() feet before they
i thiow. Indians rarely lose a seal they strike, and if one escapes it is always but slightly wounded. ( )f
<eals killed by white hunter.s, ]irobalily not over 10 per cent, are killed with ritie, which is generally
[ used for only a long range,
.Sealers divide the seals lor hunting purposes into two classes, " sleepers ' and "feeders;" or
"travellers sleepers" are almost "Uvai's shot at from 10 to 15 yards range, and are seldom lost,
I 'Feetlers" are shot at just as th 'ir c.i emerge from the water. From this fact the range is always
I I'mni a few feet to 100 yards, the igh Uv. re fired at that distance. Hunters n.sc a " gall." a jiole about
' 111 IT li; feet long, with caie to t..ri' 1 ui i.s upon it, with which they catch the seal mid biing it into
ihelidiit. If the seal sinks, the "g-ilV" is run down, and the .seal hookeil \ip. Tin; iirilisii selling- vessels
iiii|iliiy more Indian than white b;;..iei>. 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*mor<indum
Estimate of the Amount paid for Wages, &c., of the Victoria Sealing Fleet, and the
probable Ifetums.
Dalian.
Vrigei of cKir and hunt«n, )ior Tciiol .. ., ,, .. ., ,, 7,01)0
Iniuniiin! pri'mium on 8,000 .lolUra, at 7 per cent. .. .. ,. .. &60
Provitioiia, salt, ammunition, (kr. ,. ., ,. ,, ,. ., 3,000
Tdlnl per Tfnel . • . , , , , , , . , ,
For tnenlf vviselii rtnplojt'd ,i ,. ,. ,, ,,
.\n average rali'li pi>r 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<l also the habits of the seal, their rcjjnlnr yearly
TMi};rntinii from ISehrinij's Sea, and their loiij,' journey and return followinj; tho food fisli, were nil
nnitters not full known or understocHJ by our iieo]ile. At all events, it does not appenr that lliat
knowledge was jmssessed of the seal life by our hunters, jireseuted any extra inducement to them to
follow this linzanlons occupation.
Up to the year ISllS-dd tla? sealinj; indu.stry remained in tho hands of the west ('oa.st Indians ; but
in the year tStiti tho sehiHiner " Kate," ef Vi<'toria, liritish t'olnmbia, in eliiu'jjo of Dutch Harry ami
Ofjilvie, left Victoria on a sealinfjaml trading; venture to the North Vaeiliciind Hehrinfj's Sea. Tlio success
of the venture is unknown. It is said that this vovai^e was more for trading' than seal hunting, and :i8
oxiieditions of the former kind were plentiful at tiait time, the United States having ulK)Ut that time
aequiriMl posses.sioii of Alaska. It is im)W generally believed that they did not enter Behring's Sea fm
the imr]Hise of .sealing. At all events, the jiarlie; are now dead, and no authentic record can lie foiirnl
us to their .succe.s.s (if any) as a sealing voyage. .Mter that lime some few years ap])ear to have ela)iHc(l
before the sealing business was much noted, it being attractive to oidy a few traders engaged on tlic
west coast in tht^ usual barter and exchange with Indians.
The ])ione(as of the sealing industry, namely, .Tames 1>. 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<iu," " W. V. Sayward," and " lilack Diamond," weri' all engaged in the scaling'
indiLstry in the North I'luiitlc.
hi the year I8.sr> — 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
lirocce<l to Alask to re-]iossess themselves of the property in ipicstiou."
Again, on the 1 3th October of the same year wc find the following from Mr. liayard to .Sir L.
West :~
" Sir, " DijMirtiiieiit of Slat r, Waslitiii/toit, OclolHr 13, 1887.
"Continuing my reply to your note of the 2'.lth ultimo inquiring the roa.soii for the delay in
complying with the order i.ssued in .laiiuary la.st for the relea.se of the British vtt.ssels seized last year
in Uehriug's .Sea, 1 bog h'ave to inform you that i have this day received a communication from my
oollcagtie, the Attorney-Cieueral, informing me that his telegmni to the United States' Marshal at
Sitka of the L'tith January la.st, ordering the relea.se of the British .'schoonefs " Onward," " Cai-oline,"
ami "Thornton," owing to sonu^ mi.Mnnception and mistake on the jiait of the official to whom it had
Ken addressed, bad not been acted u]pon. A renewed onler has gone forward for their rtdease, as had
lieen ilistinctly directed lust Janut 'v, and which I Jiad no rea.son to doubt had Ixicn promptly obeyed.
(Signed) " T. F. B.w.Mii)."
From the foregoing it naturally would be believed by all reasonable people that tlie Secretaiy of
tlic United States ^ould have had due respect for the proprieties of international comity, and see that
his (Uiler would be carrieil into elVecl before the clo.se of the ve 1887. Such was not the ca.se,
whatever intervened in this diph)malic. shullle. It did not materiuii^e Iwfore the 1st Novendier, 1888,
and acjt until the lOtli November of that year diti Messw. Came and Mnnsie receive the foUowing : —
1
" J>Utvict 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<l« ..
38
MnunlainCliiur..
23
Miry Ellen
G3
Onward .. .. .. ..
35
SeiicJ AuKnst 1. 1880, by United 8taU«'
GnTorniiicnI.
Pent'lnpo
70
Pathfinder
CO
W.P. Hayward
GO
Thornton .. ., ..
29
SeixKl Augunt 1, IRHG, hy United 8Ut#a'
GoTernmeiil.
Tenia..
63
Ruitlcr ., .. .,
29
Wrecked Kelirniry 20, 2887.
" RuKtler " did not I'ntcr BehrinK's Si-n.
ii
Vk,ssels cleared for Nortli Pacific Occau and IJehrinn's Sua, 1887.
Schooner.
Ada
Alfred Adums
Anna Beck
niark Diamond
Dol)iliin
ravorite
Grace ..
Juanita
Kate ..
Mary Tuyior
Mountain Chief
Mary Ellen
PenelniK!
Pathfinder
Sapphire
W, i: SaywarJ
Triumph
Teresa . .
Viva . ,
Wandert-r
Lottie Fairfield
Ton.".
K
G9
40
82
GO
Di^puaitiun.
Seiied Aiiguit 2.'), 18H7, and aold by United
States' Uovimnient at Port Townicnd,
W. T., March 20, 18H!l.
Si'ized July '.'. \h»:. iind sold by United
Mates* (iovernnunt itt Port Townseud,
W. T., Manh 20, 188'J.
Seized July 12, IS3', and mid uy United
States' Uovirnmiut at Port Towiuend.
W. T., March 20, 18H9.
SrimI July 17, IBK*. and aold by United
States* Government nt Port Townaeud,
.Marc', 20. 1889.
48 1
&8 1
43 1
23 ,
03 1
70 1
fiO
124 '
00 1
I,', '
03 1
92
10
151)
Seitfil July 1>, 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
Scice<l July 11.
Seiied Julv3I.
SiMzed Au^uHt 27.
Seiiiil July 13.
Onlereil olf July 11.
lk>si(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)<inalJ ,.
Winifrrd ,,
I.)
2,:iiKi
1*1
1 '"
A. Fmnk
lllai-k Ulaninnd . .
H2
■j.rioo
.^
30 ■
Ilitlo .. .. ..
Lily
119
n..'iOo
.'i
36
.- ■. 1
(iny anil Mu>-* •• «■
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, <kc. ,. ., .. .. .. 3.000
Total per vojacl . .
For tncntj vessels cniployi d
An average catclt per vensel nt, say . .
Value |)er Hkin, 7 do). 50 c. . .
Value for twunly vessels ,, ,.
2,000 rkiiiK,
I. '1,000 dollars.
3<IO,000 „
Two thousiuul skills is a low estiiiiiite (icr vcs.-cl, ainl wcrr it mil fur \\w iiitoifunmct; of the Uuitctl
Stall's' cutlers in Behring's Sea, the cateh wouhl aveva^'o iniiti^ ,'i,(Mi(i skins |k'1 ve.ssui.
r:
I 4
Alipoiidix 3.
Declaration of Carl A. Lniiillicni.
Oily of Victoria, Provinco nf lUitish Columbia,
Dominion of Canada.
1, CAllI. A, LUNDP.KIU!, of liie city of Vanrouvov, in thu I'mv ini'o of I'.iitisli Cnlumiiia, lute o£
ilic city of Yakohniim, Jaiian, lisiu'rman, do solcuiiily and simi rely dcelari! a.s fulldws : —
1, In tlin year 188.') \ was slii]i-kee]i(!r of the .'ichiKinev " N'atli Star," nf Yakoliaiiia afori^said. Tlic
said schooner was enu'ayed in Imnlinj; and tishiiij; in f)kh<itsk Sea ami Kniile Islands.
2. In the montli of Septeinher the ,said schcioner was in the vieinity of liohin ISank, ur Island,
retiiriiiiig from Cape Patience. One day towards the end of .said nidiith of Sepleiniier, I, with a number
of others from tliu saiii schonner, landed on a lieaeh of said L'oliin Island.
On the island I met the mate of the seliooner " T.e<in," a vessel in the emiiliiy "f tln' xVlaska
Commercial Company as a watch vessel, about tlu! said Itobin P>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 ]iile<l a^'ainst the clilf at the back of a narrow strip of
smooth beach such as seals haul up on. I examined the seals, and found that ibcy had Ikiou driven
into a heap, clubbed, and afterwards ii preat number had been cut and mutilated so as to destroy tho
skins and hasten decay. The said male of the " Leon " was present, and I asked bini why he had killed
til of tlicse thousands of seals— cows and pups. He repliecl, " That is to keeji any of these Vokohama
Miow.3 from HCttiiif; anylliinj; this year." 1 asked him for his aiuhority for bcinj; on the island and
killing tho seals, lie showed iiie a document sijined by tho Alaska Commercial L'ompuuy, diructinfj;
lim not to allow any persons to land on the i.slano exeocpt the servants of the (,'ompany. I asked him
itlio fjave him the paper ; be replied, lie could not tell. The document referred to was uailcd to tho
vail of tho house occupied by the mate and liis men,
[128J ' 3 A 2
F'iTf
X Nttxl uioniiiiK I wi'iit Imrk to ilin twnoli wiUt tliiHy-llin>i< iiini, ibo ni'WM of my own vi<Mfii'l,Kivj
Iho m'liiiiiiior " lldi'iin," wliicli wih also ul llii< Imnk. \V<< Ih')'iiii iit iiiin< In (Irti^ ilin ilciul itiMilit lo tiin
wat<<r, iiml, iifUir llin'o iliiys iiiul iii^lilM luiril work, \\>\ 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<i'n II.IIIM) niiil 10,001), iicinly nil iiiwh iiiiiI impj.
Tlioro wi'm llioiiNinnlH ol' mouIn in lli<> 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<rti nlilo. Sliortly II liriivy );iili< riiiiii< tin wliii'li wiimIiimI tlii> 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<viii){ llii> hiuiih In Im lino iiml liy vniiin
«if Uio Aol r(<N|iM'tin}; cxtni-jmlii'inl milliii.
(SiKiicI) ('. A. l.UNhllKIHl
I88<.t.
Docliirt'il iiiitl iilllitiii'il III tin- Cily nf Viclniiii, Itrilisli ('nliiiiiliiu, llin Tilli iliiy oT t'rliiluT, ».ii
llornni iiu',
(Siniii'd) A. I, \\y{.jv.\. A Xotiin/ riihlif III/ /!,it/<il Jiilhonlif
in mill /or till' I'i'itniii-r nj Unlish i'lihnnliui,
No. '-'50. . . .
InlernntionnI ArltitiDliim mnl /Vitcc Assori^ilion to llir Afinijiiis of SuHkIiiiii/
Pecrmlirr 7.)
-(HrrriiT'l
•10 and \ I , Oiiirr Tfrnjilr, Slniiitf, l.nixfon.
My I-«ml. Dt'i-rmlwr (i, INHU.
Till'i ('i)ii\iiiittoe of the liiti<rn:itiiinal Ai'l>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 <rle.ir, that tlioy
feel persuadi'd that the wiiolo suhject has only to ho hr«>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 tli<! Treaty of
\Viisiiinj;ton of hist year.
;l. That any eum Inhiuim wliieh may he the ruKult of thu nej^otiafioiiH shall lio referred
III the Dominion (ioverninent for ap|iroval.
\. That (iieiit r>i'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>, |H<i!i.
WITH reference to previous eorrcspondcnce, I inn directed by Lord KiuK^ford i,
tmnstnit to you, to be laid before the Miiniuis of Salisbury, a copy of a telec^runi frum
the Oovernor-General of Canada, contuininj; the views of his {Jovennnent as to Hh
Eroposed mgotiations at Washington for the establishment of u close time for seals in
ehrinuf's Sea.
As at ])rcsent advised. Lord Knutsford is disposed to tliink that the i:(iii(lition»
(b), (c), ill), upon which the Dotninion Government arc willing to enter upon tli(
negotiations, may bo acceded to; and his Lordship trusts that the puint referred lo in („|
may niove capal)le of arrangenu nt.
I am to take this opportunity of transmlttin}? to you, for Lord Salisbury's i'.'.foriuatiDn,
copies of tiic despatch and the telcgrnni to which this message replies.
I am, &c.
(Signed) JOHN BRAMSTON.
Inclosurc 1 in No. '2~3.
Lord Knittuford to Lord Stanley of Preston.
My Lord, Dovnimj Street, Novemher 2ii, 1880.
HiillMnjcsly's Government have been informed that a proposal to renew at Wasliins.
ton the di])lomntic negotiation commenced last year between the Governments of the
United States, Great Uritain, and Russia, with a view to prevent the extermination of firals
hi IJchringV Sea by their wholesale destruction duihig the breeding season, would be acci'|]t-
able to tlie Government of the United States.
In commencing negotiation it would bo desirable to obtain, in the first place, an
admission from the United States* Government that they have no rigiit to claim the
Bchring's Sea as a mare clausum, and thus admission will of course remove a serious impedi-
ment which had embarrassed the discussion of the various questions at issue. Another
point to be kept in view, would be the consent of the United Stales' Government to },'ive
such directions ns may be necessary for the prevention of any furl her seizures of Canadian
vessels in the Behring's Sen, though it may be observed that the negotiations ought to hi
satisfactorily concluded before April, until which month there would be no question of
further seizures.
AVitli regard to the compensation payable on account of past seizures, there is reason
to believe that the United States' Government would propose that this subject should lorm
a part ui' the gem nil negotiations.
I think I am right in concluding that the Dominion Government is now prepared to
concur in any reasonable arrangement for the establishment of a close season in Behring's
Sea, and I therefore anticipate that your advisers will agree with Her Majesty's Govern-
ment ill thinking it expedient to commence the suggested negotiation at an early date, llcr
Majesty's Minister being assisted during the negotiation by an officer or officers of tln'
Canadian Government.
You will understand that the conclusions which may be arrived at by the Represen-
tatives of the three Powers would l)e reported to their respective Governments for consi-
deiation, and would not bo binding upon the subjects of any Power which has not
accepted them.
I Inue explained to the High Commissioner for Canada the general nature ol this
proposal, and I shall be glad to learn by telegraph that your Ministers agree wilii Her
Majesty's Government that Tier 'ila.iisty's Minister should be instructed to propose
formally to tlic United StatcH' floveriiim'nt tlic resumption of tlio tripartite ncp;otiation at
\V«gliingtoii ii. tln! event of Ills recoivinE: satisfactory assurances from Mr. Illainc on the
subject of llie compeniiation ciuimcd for IJritiHli Hubjects, anil the ccssalion of seizures.
■ • ' F have, kc.
(Signed) KNUTSFORD.
IncloHurc 2 in No. ^.in.
Lord Knutsfortl to Lord Slnnleji of Preston.
(TclfKrapliic.) Downintj Street, Dereinher C), ISS9.
IIOI'K that Colonial Covcrnmcnt ufjree to proposal indicated in my despatcli of 23rd
NovcMiher on the seal fishery (picstion. Her Majesty's Government anxious for reply by
telegraph as soon as possible.
Inelosure ii in No. 'J.'i3.
l rd Slanleij of Preston to Lord Knutsfonl.
My Lord, (iorernmenl Houne, Ottawa, Devember U, 1889.
I HAD the honou: to send to your Lordship to-day a telegraphic inesi-au;e, of which
the followinc; is the .• d)9tan • : —
"III reply ti. v^ur teles^ram Privy Council, at u njcetin;: luid t')-(iay, recommend a
reply to be sent as follows: —
"I. Satisfactory evide;iv,c is iield by Canada that the dantjer of cxtcrinination docs
not really exist.
•' L'. 'riiat if United States' Govcrmneiit liolds different opinion tiie jjroposal should
lie made by them.
"If it is deemed ex|)edieiit by Htr Majesty's (Jovernment to initiate proceedings,
Canadian authorities consent to a reopening oi negoti>itions 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. Ciari<e, the
Ifith day of October, a.'d. 1881).
(Signed) CHARLES E. CLARK K.
Before nic,
(Signed) AiiTiiuu Louis Beltea,
A Notari) Puhlic by Royal authority in and for the Province of British
Columbia, renidinn and prnclisiiig at Victoria aforenaid.
HI
I ^'
^ ;i
[128]
3 B
370
Inclosiiro 4 in No. 255.
Certificate.
United Statex steamer " Rush," Behring Sea,
To whom it may concern. Lat. 55° 42' N., Long. 17(i' 40' IV., July 31, 1889.
THIS will certify that I have this day seized the British sciiooner "Juanita,"of
Victoria, British Columbia, C. E. Clarke, iiiasler, for violation of Law, section 1936,
Revised Statutes, United States, and tui\en possession of his ship's papers, consisting of
registry and clearance.
(Signed) L. G. SHEPARD, Captain,
United States' Revenue Murinr.
This is the exhibit marked (A) referred to in annexed Declaration of Charles
E. Clarke, made before me the )5lh day of October, 1889.
(Signed) A. G. Bklyea, Notary Public.
Inclosure 5 in No. 265.
Affidavit of Richard Hall.
City of Victoria, Province of British Columbia,
Dominion of Canada,
I, RICHARD HALL, of the city of Victoria, in the Province of British Coliiinbiii,
Dominion of Canada, merchant, of the firm of Hall, Guepel, and Co., do solemnly and
sincerely declare as follows : —
1. That the said firm of Hall, Gocpel, and Co., are the owners of thirty-two shares ol
the hereinafter-mentioned cchooner " Juauita," of the Port of Victoria aforesaid, and arc
the business managers of the said schooner.
2. The said schooner was in May last sent by the said firm on a sealing and huntin:;
voyaiie in the North Pacific Ocean and Behring's Sea.
3. The said schooner returned to Victoria thn last of August, having taken, fis 1
am informed, and do believe, by the captain of the said schooner, on said voyage, G52 seal-
skins, of which number the said firm received only thirty-two skins, sent (o us from said
schooner by the " Wanderer" before the '• Juanita " entered Bchring's Sea, said thirty-
two sealskins having been taken outside Behring's Sea.
4. The remainder of tlic sealskins taken by the "Juanita" was, as 1 am informed I
b,' the said captain, and do verily believe, taken from the ".luanita " on or about the 31st
d;iy of .July last, when said schooner was in Behring's Sea, by the orders of the Conunamler
ol the United States' steamer " Richard Rush."
5. The market value of sealskins at the said Port of Victoria on or about the I
1st October instant, when, in the ordinary course, the ".luanita " would hav arrived after!
a full season's voyage aforesaid, was 8 dollars a skin.
G. From the number of sealskins taken by the "Juanita" up to the said 31st .luh I
1 verily believe that the said schooner would, in a full season, have taken at least l,800j
sealskins.
7. At the same time the sealskins were taken from the "Juanita " by the officers ui|
the said United States' steamer " Richard Rusli," there was also taken by t>e 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<i to torward copies hereof to tiie
Bi{;ht Honourable the Se<retaiy ot State foi the Colonies, for transmission to the Govern-
ment o( ;br Inittd Slates, as recommended by the Minister of Marine and Kisheries.
All wiiirh is respectfully submitted Ibr your iixcellenev's approval.
(Signed) ■ .lOlIN J. McGKlv,
Clerk, Privy Council.
Inclosiirc 9 in No. 2")').
!■!
I
i;
Affidavit of Wiltinm Miinsie.
City of Victoria, Province of Hritisli Columbia,
Dominion of Canada.
I, "WILLIAM ]SIUNSII'],of the city of Victoria, in the Province of British Columbia,
Donn'iiion of Canada, mercliant, do solt innly and sincere ly declare as follows : —
1. I am a meinber of the tiiiii of C'arne and Munsie, mereliant, of the said city of
Victoria, the said firm bcinir composed of Krederic Carne, Junior, of the same place, iind
myself.
2. The said Frederic (^arne, .Junior, is the registered owner of sixteen shares of the
hereinafter mentioned schooner "Pathfinder," of the Port of Victoria; I am the rcj^isterciJ
owner of sixteen shares of the said- schooner, and the said firm are rcfjistered owners oi tho
reniiininp; thirty-two shares. I an) the nianaginir owner of the said schooner.
3. The said schooner " Pathfinder" cleared at the Custom-house, Victoria, afoici-aiil,
on the 17th day of Apiil, a.d. 1889, for a huntin<j and scalin<j voyage in the North Pacilic
Ocean and Hehrins's Sea, and sailed on the 18ih day of April, a.d. 1889.
4. On the said voyauic William O'Leary was master, and Andrew Davidson was niiitc.
The crew consisted of a cook, twelve seamen, and five hunters.
5 On the 24th July last I received from the said " Pathfinder " by tho schooner
"Wanderer" from the noilh, ,')5S sealskins which had been cauyht by the " Patl'.findir''
in th', Facitie Ocean on her way northward to nehrinfjs Sea.
fi. On the ;{()th August last the said " Pathfinder " returned to Victoria aforesaid,
having on hoard an officer from the United States' steamer " llichard Hush." Cii|)taiii
O'I.eary reported to me that on the 29lh dav of Julv last the said United States' steamer
"Richard Rush" hailed him in Hchring's Sea about .'i?" 24' north latitude ami 171° :i5'
west longitude, and ordered him to heave to. The " Pathfinder " was imniediatcly
boarded by otIiccMS from the said " Richard Rush." The officer in cliarge seized the
" Pathfinder " and toon away all the sealskins on board (^54), eight shot-guns, four rlHcj,
six boxes of anununitiou, a quantity of salt, and the ship's papers, lie left • n otiiceron
board in charge, and ordered Captain O'Leary to t>;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»<li Coliinihin, this day seized lor violation of
section 195G, Hevised Statutes of the IFnited S atcs, and nssuine cliarj^c ol' said vesHel, jut
olficers and crow, twenty v.liite inen all tolil.
Exreptini; the navijifation of the vessel, which is reserved to Captain (J'Loary, imd
which yon will not interlcre witii, uidess you become convinced he is proceeding to soim
other port than your port of destination, in which event you are aulhorized to nsBUine full
ciiarge of the vessel. Kverything hein;; in readiness, you will direct Captain O'Leiiry td
make tin; best of his way to Sitka, Alaska, and upon arrival at that port you will report in
person to the United States' District Attorney for the District of Alaska, and deliver Kj
liim the letter so addressed, the schooner, her outtit, ami the persons of Captain O'lxaiv,
Mate, A. Davidson, and set the crew at liberty. After being relieved of the property aiiii
persons entrusted lo your care, you will await at Sitka the arrival of the " Rush."
Respectfully,
(Signed) L. C. S\\FjVA]i\), Cnplain, United Slnf-:,'
Jlevenue Afarinr,
T. W. Hunter, Special Olliccr.
WILLIAM MUNSIK.
London, July 14, 1889. {Prompt, July 18, IHSQ.)
Account Sales.
Sold by order and for account of Messrs. Carne and Munsie, a. p. sale.
Per " Pathfinder."
Lot.
10.
11.
12.
13.
14.
15.
C mid M,
1'. 6 and p. 1 1 cnxka united fur-seal gkini.
07 Bmnll fur-soal Mnf, nt 50j. cncli
101 lurgt' pups ditto, nt S3s. I'ncli
74 miiliilint; ditto, lit 5'2». each ..
97 siiiall ditto, nt 44s. cncii
35 " I'x " ditto, nt '27*. oaeh .. ..
1 iniddliii<; ditto, nt 31>. 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.
</.
. 1 3
9
. 14
3
. 7
1
. 2
U
. 7
U
. 4
10
.
4
. 11
3
3 17
1
. 10
R
• '
. •
3
S
. 19
10
. 1 1
. 2 4
11
'' ■
\
. 22 8
9
—
30
11
845 4
(Signed) CULVERWELL, BROOKS, and Co.
WILLIAM MUNSIE.
H
8
(1
r,
(1
4
2
n
i->
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 <litli>
13,13. 3(10 Inruo pupi) ditto
14,17. 373 (littn, ililto
IH, 31. 4)10 niuMliiiir <littu..
33. 3.1. 300 (liitii. ditto
31. tl.'S ditto, ditto
3.1. 3H. 400 Riiiall ilitto
30. 100 ditto, ditto
30. &!> 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<nK<*i Biimlls, aiul Inrgc |iii|m, 2R per cent, to 20 per cent, dcnrcr, and ini(l(llinp;ft nnd
gniiillK, middling; pupH, small pups and extra Hniull pups, 4>') 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<oli<n iKliindii.
t. $.
f. 1.
•. ,1. I. ,1.
Win
, ,
2:1 to 2H
2!t '• to ao t»
MiiltlliiiKH iind miiiilU
08 to 120
.3;i 15
• •
MidtlliiiKH .. , , . , . ,
H8
2!» \r> \
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
<tai;"~i and conclude; no agreement as to a close time without their approval, and retpiests
that a Hcpresentativeof the Dominion (Jovernment may be ready to proceed to Washington
;is soon as Sir J. Pauncefote has received his instructions.
I am, &c.
(Signed) ROBERT G. W. HERBERT.
No. 269.
Foreign Office to Colonial Office.
iJir Foreign Office, December 10, 1881).
I HAVE laid before the Marquis of Salisbury your letter of the 10th instant, in which
voa inclose copies of two despatches from the Deputy Governor of Canada, forwarding
flninis for compensation for losses sustained by the owners of the British schooners
•'Juanita" and " Pathfinder," in consequence of the seizure of those vessels by the United
States' authorities in Behring's Sea.
His Lordship directs mc to request you to inform Lord Knutsford, in reply, that these
claims will be considered, together with those of other owners of vessels which have been
seized, in the negotiations which it is proposed to conduct with the United States, and the
lomnicncement of which is waiting for the consent of the Canadian Government.
I am, &c
(Signed) P. CURRIF.
No. 260.
The MtirquiK of Sitli^bw i Sir ./. Pauncefole. — {Substnnce telegraphed.)
Sir, Fo, 'ign Office, December 17, 1885).
I COMMUNICATED to the Secretary of State for the Colonies your telegram
of the 9th instant in regard to the question of reopening negotiations with the United
States' Government on the subject of the seal fisheries in Behring's Sea.
The Governor-General of Canada was made acquainted with the views of the United
States' Government, as expressed in that telegram, and a reply has been received from him
to the following effect : —
■'The Government of Canada expects that no arrangement will be concluded with the
United States by Her Majesty's Government in which it is not expressly declared that the
Behring's Sea is free.
" They adhere to their view that any agreement as to a close season and the
preseivation of seals should be made subject to the approval of Canada, as one of the
paitics whose interests are primarily involved ; and they consider that each of the parties
to the Treaty should have the power of terminating the close season Agreement.
"The Dominion Government are unable to understand why the United States should
ohjecl to Her Majesty's Government being directly represented by a (Canadian Delegate,
but, in order to avoid delay, they are willing to defer without further protest to the course
decided on by Her Majesty's Government."
I am, &c.
. (Signed) SALISBURY.
'I >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 <lc8iral>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<l States.
May I defer sending in a note until your Lordship has received my private letter,
and until Mr. Blaine's anH>.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, invitin<? proposals for the |)rivilege of taking 'ar-seals upon the Islands of
St. Paul aiul St. George, Alaska, for the term of twenty years from tlie 1st May next.
As your Lordsliip will observe, the number of seals to be taken during the year
ending M<iy 1H91 will be limited to 60,000, and for the succeeding years the number will
be determined by the Secretary of the Treasury.
I have &c.
(Signed) ' J. PAUNCKFOTK.
l\
Inclosure in No. 268.
Extract from the " Washington Post" of December 25, 1889.
Tbk Seal Island Contxact. — Secretary Windora yesterday afternoon issued the
lollowing advertisement, inviting proposals for the privilege of taking fur-seals upon the
islands of St Paul and St. George, Alaska : —
'•The Secretary of the Treasury will receive proposals until 12 o'clock, noon, on the
23rd day of January, 1890, for the exclusive right to take fur-seals upon the Islands
ofSt. Paul and St. George, Alaska, for the term of twenty years from the !&t day of May,
1890, agreeably to the provisions of the Statrtcs. of the United States.
" In addition to the specific requirements ct t!ic said Statutes the successful bidder will
be required to provide a suitable building for a public school on each island and to pay the
exjicnsc of maintaaiing schools therein during a period of not less than eight months in
each year, as may be required by the Secretary of the Treasury.
"Also to pay to the inhal)itants of said islands, for labour performed by them, such
just and proper compensation as may be prescribed by the Secretary of the Treasury.
"Tlie number of seals to be taken for their skins upon said islands during the year
ending May 1891 will be limited to 60,000, and for the succeeding years the number will
be determined by the Secretary of the Treasury in accordance with the provisious
of law.
" The right is reserved to reject any and all j)roposals not deemed to be in accordance
wiili the best interests of the United States, and of the inhubitants of said islands.
"As a guarantee of good faith, each proposal must be accompanied by a properly
certified cheque drawn on a United States' national bank."
No. 269.
Colonial Office to Foreign Office.— -{Received January 10.)
Sir, Downing Street, January 10, 1890.
WITH reference to the letter from this Department of the 12th ultimo, I am directed
by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, copies
01 three despatches ironi tiie Governor-General of Canada, forwarding the claims for losses
incurred by the seizure in Behring's Sea of the " Triumpli," the "Lily," and the "Black
Diamond."
Ihe claim in the case of the " Minnie " has not yet been received.
I am, &c.
(Signed) ROBERT G. W. HEllBERT.
Inclosure 1 in No. 269.
Lord Stanley of Preston to Lord Knutsford.
^ly Lord, Govrrnment House, Ottawa, December 16, 1889.
WITH rtforenee to my despatch of the 26th August last,* in. which I inclosed a copy
i-f an approved Minute of the Privy Council detailing the eircumsta\ices attending the
* See Inclosurj 1 in No. 222.
; I "
^
384
warning-off from tlie Behiing's Sea o'tlie British sealing schooner " Triumph," I have the
honour to forward herewith, tor transmission to tiie United States' Government, a copy of an
approved Report of a Committee of tlic Privy Council, submitting formal statements and
claim to compensation, on behalf of the owners, for loss incurred by reason of the said
vessel being interfered with in the legitimate pursuit of her calling,
I have, &c.
(Signed) STANLliY OF PRESTON.
Inclosure 2 in No. 269.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency ik
Governor-General in Council on November 16, 1889.
ON a Report, dated the 11th November, 1889, from the Minister of Marine and
Fisheries, submitting, in connection with the warning-off from the Behring's Sea of the
British sealing-schooner " Triumph," the circumstances attending which were dotailcd in
the Minute of Council dated the 22nd August last, made upon a Report of thelStii August
last of the Minister of Marine and Fisheries, formal statements and claim to compensation
on behalf of the owners, for loss incurred by reason of the said vessel being interfeic.i with
in the legitimate pursuit of her calling.
The Minister states that this claim amounts to 19,G74 dollars, and is advanced by
Mr. E. Crow Baker, of Victoria, British Columbia, jnanaging owner, on behalf of himself,
Daniel McLean, Kosine Gibson, and John C. Blackett, as joint owners of the vessel in
question.
The Committee advise, on the recommendation of the Minister of M.,vino and
Fisheries, that your Excellency be moved to forward a copy of this Minute, together with
the papers herewith annexed, to the Right Honourable the Secretary of State for the
Colonies for transmission to the Government of the United States.
All which is respectfully submitted for vour Excellenev's approval.
(Signed) JOHN J. McGEE, Clerk,
Privy Council,
Inclosure 3 in No. 269.
Declaration of Edgar Crow Baker.
City of Victoria, Province of British Columbia,
Dominion of Canada.
I, EDG A R CHOW BAKER, of the city of Victoria, in the Province of British Columbia,
Dominion of Canada, retired Navigating Lieutenant, Royal Navy, but at present (iunonj;
various other i>usinesses) 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<tsun> 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''<l){iil' t'rnw li.'il.rr. n iUMLiihj; i>\> 11 r
nmiii'l \li'l, run. iiiii-li'i' Minim r . ,
l\<isln(> 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 > H<n Iiiwh of tlio Doinininn of
('niiiidii I ri|;idaily cliiinMl tlu; said Hcliooncr " 'rriuni|)li " for a vovaf^o to tlio North
I'lirilic Occjin and HcliiiiiuH Hca. and that in iiui'Hiianro of my IdKiliinatA iuinliumK did
cnlir till' siiid 111 lirini;'s Sni on tlin llli day o( July, 1880, and did in a peaceful mnnner
iiioiTi'il "11 my voyiiijc and liciiii; in latitudes fiO" fi' north, loiiy;itudn 171° 'i.<' w(mt,, on tlio
Hill day ol .Inly, \Hi-H). at the lionr of H'.'M) a.m., was hailed hy llio ('omniandcr of the
United Stali'fc' Ucvi'iiuiM'utti'r " Knsli," the said UovtinKMniltcr liciim a vcshcI holongin); to
tiic (lovcrnniciil of the United States and rcfiiilarly eoiiiinlshloned li\' tho saino, n hont
linviiiu: licen lowered liy (he ollieer and eruw I was lioiirdeil hy the same, the oHiccr in
cliiirpr ol the hoat. heing one Lii'uttMiant Tnltle, who demanded the oliieial papers of my
vessel, and alter icadini; I he saiiii) priKU'edcd to ne»rcli my vi'ssel lor seals, and findin^^ no
ovideiiee of the same informed me that orders have lux'li jSHUCtI by I lie Hccri'tury uf tll»
Treasury of tiie United States under the I'roelaination of the I'rfsiderit, instruetir" the
('oiiiiiiiindiiif^ Officer of tiie said Hf'veiiwe eiitti-r " Hush " to seize; all vessels fouilU Hculing
in Bcliriii)j;'s Sen ; he also told iiu; I hat should he auaiii hoard nie and find HeaMins oii
boaitl thai he would seize and eontisente tlu; vessel and ealeh ; he furthermore informed me
tliiit he had already seized tlu; Hritisli schooner " Uliiek Diamond," of Vietoria, IJrItlsh
t'oluinliia, and I hat sIk; had heeii sent to Hill<n, and tliat, therefore, by reason of hjti
tlii'oiils and iiii'iiaees 1 was eatiKed to forego my le'^iliniafe and peaceful voyage on the hij^h
seas, iiiid retnin to the port o( my deiiarture, eausinu: serious pecuniary losn to invHcIf,
crew, and owiii'rs, for which a claim will he tbriiiidaled and forwarded in <liie courHU.
Ami I make this solemn allidavit eoiiscientiouslv believing the .siiiiie to be true, and
liv virtue of tlie Oaths Ordinance, IHfiJ).
(Signed) DAMKI, Mcl^lCAN, i\fu.'<ler,
Schooner " Tiiuviph."
Swoin before me this Hth Aii!;iist, 1880, at Victoria, Hritisli Columbia.
(Signed) (Jko. Mohuihon, J. P., a Junlim qf Ike P earn for the
Province of lirilinh Cohimhin.
1 (111 liireby ceiiity to the eorrectness of this stutcnieiit as verbtilly expressed to mq
also by said Daniel McLean.
(Signed) KnoAit Cuow HAiuca,
Noliiri/ Public.
IncloHure (! in No. 26!).
fjOrd Sfniilcji of Prcstnv to Lord Kmihford.
My Lord, (lornnmcnl House, Otlnwa, December 17, 1889.
Wrril reli'ienec to my desputch of the iititli August hiKt, relating to tho 8oi'.:ura
ill HthiingV, Sea of the British schooner '• Hlaeli Diamond," I liave the honour to
forward heiewilh ii copy of an approved Minute of the Frivy Council, Hubniitting the
1 claim to eoinpensaiion of the owner of the vessel for loss sustained by reason of her seiaure
bytlie United States' authorities.
1 have, &c.
(Signed) STANLEY OF PRESTON.
Incloaure 7 in No. 269.
\Rfport of a Committee of the Honourable the Privij Council, approved by his Excellency tht
Governor-General 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
[128] 3 D 2
■I . 01
!.i
388 ;
schooner "Black Diamond," the circumstunces attending wliicii were detailed in the
Minute of Council approved by your E.\ct>ilcncy 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<!;li seas.
4. The Kirst Lieutenant then returned to the eutter, and in a short time returned
acconiivi'iied by anolher beat of the cutter which was in eharfrc of the Second Lieutenant,
A. 'riicy both liinic on hoard, and the First Lieutenant demanded of na; the sui render
of the scliooner, and askiuir, at tlie same time, lor the schooner's papers. This I at (list
declined to do, and the Fust Lieutenant said unless I gave the schooner's |)apers to him at
once he would take them by force. I tlien gave him the schooner's papers, consistini; of
registry, coastinj); licence, and clearance.
(>. 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,
|iiAr<is (hereof, and inysvlf, who own the reiniiiniiij; uixtccri slitiri'H tliurcof.
3. I am the manu^jing owner and iiiu>ttt'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<l on board, and warned and threatened mc that if I was cnii^'lit
taking seals, or with fresh sealskins on board, the "Ariel " would be seized, and iiijst'f
and mate placed under arrest. The said odicers also told me that they had seized ihc
schooners " I'athfinder," " Black Dianumd," and "Minnie,'' and searched other Tessclj
in the sea. The ofllcers then left, and shortly after the cutter sailed away.
9. Fearing to remain in Hehring'>' 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<ulimiiiiiuu of lUia
• luiiii .. .. .. .. .. ,. .. ., 12S0
Tdtiil ,.
Aiirt iutcre«t thcrion at tlio riU' of 7 prr ri'til. per annum until puiJ.
9,19(1
Tiiis irt the Statement of eJaim referred to in the declaration of Samuel W. Bucknam,
maJo before me the 2!)tli N'ovemher, a.d. lHhl>.
(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 possessi<m, in whi.'h
Russia had been undisturbed, was enjoyed by this Government also. There 'vas no
interruption and no intrusion from any source. Vessels from other nations passing fror
time to time through Behring's Sea to the Arctic Ocean in pursuit of whales had always
abstained from taking part in the capture of seals.
This uniform avoidance of all attempts to take fur seal in those waters had been »
constant recognition of the right held and exercised first by Russia, and subsequently hv
this Government. It has also been the recognition of a fact now held beyond denial or
doubt, that the taking ot seals in the open sea rapidly leads to their extinction.
This is not only the well-known opinion of experts, both British and American,
based upon prolonged observation and investigation, but the fact had also been
demonstrated in a wide sense by the well-nigh total destruction of all seal fisheries
except the one in the Behring's Sea which the Government of the United States is
now striving to preserve, not altogether for the use of the American people, buL h'
the use of the world at large.
The killing of seals in the open sea involves the destruction of the female in
common with the male. The slaughter of a female seal is reckoned as an immediate
loss of three seals, besides the future loss of the whole number which the bearing seal
may produce in the successive years of life. The destruction which results from killing
seals in the open sea j»rocf ids, therefore, by a ratio which constantly and rapidly
See Noi. iJ8 aOd 229.
:)n7
increases, and insures the total extermination of the species within a very brief period.
It has thus become known that the o"lj proper time for the slaughter of seals is at the
season when they betake themselves to the land, because the land is the only place
ffliere the necessary discrimination can be made as to the age and sex of the seal. It
would seem then, by fair reasonlMSf, that nations not po.-scssincf the territory upon which
seals can increase their numbers by natural growth, and thus aiford an annual supply of
skins for the use of mankind, should icfVr.ia from the slaughter in open sea, where the
destruction of the species is sure and swift.
After the acquisition of Alaska, ,ho Government of the United States, through
competent agents, working- under the direction of tlie best experts, gave careftil
attontion to the improvoment of the seal fisheries. Proceeding by a close obedience to
ihe laws of nature, and rigidly limiting the number to be annually slaughtered, the
Government succeeded in increasing the total number of seals, and adding corre-
spondingly and largely to the value of the fisheries. In the course of a few years of
intelligent and interesting experiment, the number that could be safely slaughtered was
fixed at 1CO,000 annually. The Company to which the administration of the fisheries
was intrusted by a lease from this Government has paid a rental of .50,000 dollars per
annum, and, in addition thereto, 2 dol. 0-J c, per skin for tlie total number taken. The
skins were regularly transported to London to bo dressed and prepared for the markets
of the world, and tlie business liatl grown so largo that the earnings of F-nglish labourers,
since Alaska was transferred to the United States, amounts in the aggregate to more
than 12,000,000 dollars.
The entire business was thus conducted peacefully, lawfully, and profitably ;
profitably to the United States, for the rental was yieiuing a moderate interest on the
large sum which this Government bad paid for Aififka, including the rigiits now at issue;
profitably to the Alaskan Compnny, which, under Governmental direction and restriction,
had given unwearied pains to the care and development of the fisheries ; profitably to
the Aleuts, who were receiving a fair pecuniary reward for their labours, and were
elevated from semi-savagery to civilization, and to tiie enjoyment of schools and churches
provided for their benefit by the Government of the United States; and, last of all,
profiti'bly to a kige body of English labourers who had constant employment and
received good wages.
This, in brief, was the condition of the Alaska fur-seal fisheries down to the year
18S0. The precedents, customs, and rights had been established and enjoyed either by
Russia or the United States for nearly a coiitmy. 'i'he two nations were the only Powers
that owned a loot of land on the coutinen'.s that bordered, or on the islands included
within, the Bcluing's waters where tlu^ .^eals resort to brood. Into this peaceful and
secluded field of labour, whose be.irfits were so equitablv shared by ilie native Aleuts of
the Pribyloff Islands, by the Uiii'.ed States, and by England, certain Canadian vessels in
1880 asserted their right to enter and, i)y tiieir ruthless course, to destroy the fisheries,
and with them to destroy aiso the resulting industries which are so valuable. The
Goveinment of the United States at once proceeded to check tiiis movement, which,
unchecked, was sure to do great and irreparable harm.
It was cause of unfeigned surprise to the United States that Her j\fajesty's Govern-
ment should immediately interfere to defend and encourage (sure'y to encourage by
liet'cnding) the course of the Canadians in disiurbing an industry which had been
carefully developed for more than ninety years under the tlags of l{us>ia 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 tclo<?ram of the lUh inHtant, iriRtnicting mo
inqiiiri' of the KiinHian (iovcrnmenl whether they would consent to their Mininter at
\Vasliiiij;ti)n Inkiiif;: jiart in tiio negotiations respecting a close time for Hcal-fiHhing,
wliirh llcr Mnjt'sty'H (>ovcrnnietit and the United States' Government arc anxious to
ri'sunu', I at on<!o addressed a note to M. do Gicrs in this sense.
[ have now tiie honour to transmit to your Lordsh'p a copy of the reply which I
liftvc received from M. do (Jiers, stating tliat the Russian Minister at Washington has
been instructed by telegraph to take part in the negotiations as desired by your
Lordsliip.
< J hftvc &c*
(Signed) ' R. B. D. MORIER.
IncloHurc in No. 294.
A/, de Giers to Sir R. Morier.
«ii
M. I'AmbaBsadeur, Saint-Pe'lersbourg, /e 9 (21) F^rier, 1890.
J'AI rcgu la note que votrc Excellence a hion voulu m'adresscr en date du
3 (15) courant au sujet de la reprise des ndgociations, interrompucs en 1888, relativc-
ment n la fixation dc la pcriode durant laquclle la chasse aux otaries scrait defendue.
Le Cabinet Imperial etant vivemcnt d^sircux dc niettre une fin aux discussions
et aux malcntendus, nuxquels I'absence dc tout r^glement a ce siyet est de nature
II donncr lieu, lo Ministre de Russic ik Washington vicnt d'etre autoris6 par t^legraphe h.
prendre part aux ^ i^ociations en question.
En me faisuut un devoir d'iuformcr votrc Excellence de ce qui pr<2c6de, je
saisis, &c.
(Signe) GIERS.
(Translation.)
M. I'Ambassadeur, St. Petersburgh, February 9 (21), 1890.
I HAVE received the note which your Exfellency was good enough to address to
mc on the Srd (15th) instant, on the subject of the resumption of the negotiations,
broken off in 1888, relative to the fixture of a period during which the hunting of
fur-seals should be prohibited.
The Imperial Cabinet earnestly desire to put an end to the discussions and mis-
understandings to which the absence of any regulation on the subject is calculated to
give rise, and the Minister of Russia at Washington has accordingly been authorized by
telegraph to take ])art in the negotiations in question.
While making it my duty to communicate the above to your Excellency, I avail, &c.
(Signed) GIERS.
No. 296.
Colonial Office to Foreign Office. — {Received February 22.)
Sir, Downing Street, February 22, 1890.
WITH reference to the letter from this Department of the 6th instant, I am
directed by Lord Knutstord to transmit to you, to be laid before the Marquis of
Salisbury, a copy of a despatch from the Governor-General of Canada, forwarding the
clnim for compensation in the case of the British schooner " Minnie," which was seized
by Ihc United States' Revenue cruizer " Richard Rush " in Behring's Sea last year.
This claim completes the list of claims on account of f ''.esc seizures.
1 am, &c.
(Signed) JOHN BRAMSTON.
[128]
* Substance tent to Sir J. Pauacefote by telegraph, February 22.
3 O
I
i2»^-
u
410
Iiiclosuro 1 ill No. 2i)6.
Lord Stanley of Preston to Lord Knutsford.
My Lonl, Uorprr.menl House, Otlnwn, February 'A, IS'H/.
VVrril rcl'i'rcncc (o llic Depulj (iovonior's doHpatcli ol' llio 2()th Soptcnilxr last
relntivo to tlio Hoizuie in IJoliring'H Hen of the Hriiisli hcIiooiut "Minni-" \iy tlu United
Stiilos' Hfvctuio outler '' Ridmnl UuhIi," I liavo l\w lioiujur to tiaiisiiiit to youi liordsiiip
a copy of an approved Ktiport of a Conuiiittoc oi" the Vnvy Council, Hultniitiiii^ t'ormal
Hiiitcmonts and claim ol' the owner, Mr. Victor •lncol)Hon, of Victoria, British C'oiumhia,
nnii>nn<ini>' 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 ]<criod of over two months.
10. I verily believe that if the "Minnie" had not been boarded, and the guns and
spears taken as aforesaid, that the total catch of seal-skins by the hunters on board her
for tlie season in Uehring's Sen would not have been less than 2,000.
11. The value at Victoria aforesaid of seal-skins on or about the close of the sealing
season for 1HB9, and for some time both bel'oro ami after such close, was 8 dollars
per skin.
I claim damages from the Government of the United Htates of America for the
seizure of the said "Mmnic" as nforesaid, and for the taking and detention of the said
420 scni-skins, and for 1 ,5!H seal-skins, the balance of an estimated catch of 2,500, by
the " Miniiie " in Reliring's Sea for the season of ir,ri!», also for the guns, siiears, and salt
takoa as aforesaid, and for legal and other exjjenses incidental to and arising out of such
soiKiire, and tho preparation and submission of this vhhw therefor, and interest thereon
al7pcr cent, per iinnum until paid, a statement in detail of which daim is heremito
annexed.
And I, Victor ,Iacobson, make this solemn declaration, conscientiously believing tho
same to he true, and by virtue of the .^ct respecting extra-judicial oaths.
(Signed) VICTOR JACOHSON.
Declared by the said Victor Jacohson, at the city of Victoria, the 4th day of
■lunuary, 1390.
r>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, ,<f^-,-^..:.?-.xfn».' ,-/!v^ ..; hniJ
Colonial Office to Foreign Office, — {Received March 15.)
Sir, . , Downing Stree*, March 11, 1890.
[ AM. directed by Lord Knutstbrd to acknowledge the receipt of copies of
(Icspatclics from Her Majesty's Minister at Washington respecting communications
which have passed with the United States' Secretary of State as to the compensation
for the seizure of British vessels in Behring's Sea.*
I am to observe that tlie terms on wliich Mr. Blaine would propose to submit
the question of compensation to arbitration, as stated in his Memorandum, taken
togetlier with his further statejnent that no established principles of international law
nould be brought into dispute, appear to indicate that he would abandon, before the
arbitrator, not only the mare clausum doctrine, but also the claim of an exclusive right of
fishery in Behring's Sea, and would rely on the contention that the United States
arc charged with the duty of repressing acts done in that sea, contra bonos mores, to the
injury of a fishery open to all nations. Lord Knutsford cannot doubt that an impartial
arbitrator, whether all the three issues or only one of them be placed before him, would
confirm the opinion that the owners are entitled to compensation for the ill-treatment to
which they have been subjected.
Lord Knutsford, however, desires me to observe that the cjuestion whether recourse
should be had to arbitration on this subject, and the precise issues to be submitted to an
arbitrator, are matters on which it is important to ascertain the views of the Government
of Canada.
., •., .. ■ •< \ . I am, &c.
(Signed) JO.^N BRAMSTON.
No. 304. ' ' , , ' .'
The Marquis of Salisbury to Sir J. Pauncefote.- -(Substance telegraphed.)
•••'JJ'j
Sir, Foreign Office, March 16, 1890.
HER Majesty's Government have had under their consideration your despatches
of the 7th and 11th ultimo, reporting the substance of conversations you had had with
Mr. Blaine on the question of the claims for damages on account of seizures of
British vessels by American cruizers in Behring's Sea, and on his proposal to refer the
question of the liability of the United States' Government to the decision of some
eminent jurisconsult.
I transmit, for your information and guidance, a copy of a letter from the Colonial
Office, containing Lord Knutsford's observations on your Reports above referred to.f
I am, &c.
(Signed) SALISBURY.
;',' , Sir J. Pauncefote to the Marquis of Salisbury. — {Received March 17.) /, , '. .,
My Lord, .... • .-.::,i IVushington, karch I, ISW.
I HAVE the honour to report that the Honourable Charles H. Tuppcr, tho
Dominion Minister of Marine and Kisiierics, arrived here on the 25th ultimo, and on tlie
:'Ttl> 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{i<j;lit ilonourahh'
the Secretary of State lor the Colonies.
'I'he MinistiT fuitJicr. in order that no chiim rcliifinu; to the seizures in lU'lirinn's
Sea nuiy e-cape the attent'u)n of Her l\l!ije>ty'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 <if to-days ue\vspa])er.s annonncc the
piililicalion of tlio Proclamation relatinjj to tlie seal lislierv in Helnin;;'s Sea, uhich tlie
I'ri'sident ot tlie Uniled States is bound by law to issue "iit a timely seasloii'in each
year.
Mr. niaiiie toKl me a few days agfo that it was ready for publication.
I have, &e.
(Signed) JULIAN PAUNCEFQTE.
'
'■ ' I
on ti
to pr
No. 313.
Sir J. Pouncefotc to Ike Marifuis of Salisbury. — {Receired March 31.)
My Lord, IVasliington, March 21, 1890.
IN continiiation of my despatch of the 1st instant relatiiijj ^o the Bchring's'feea
(islieries. I have the honour to report Ibat tlie iiist formal meetinj;' of tjie Conference
tietween the Secretary of State, ^I. de Siruve (the ]{ns>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<ndd object to a reasonable close seascni, at all events by way of expLrinicnt,
ami with a view to the further elucidation of the question.
The ditTiculty was tu tix the limits of a close season both as to its area and ju
duration. ISIr. Hayard in his despatch to Mr. White of the 1st May, I8i*8, had distinctly
stated that only such a period is desired "ns may be requisite for the end in view." This
equally applied to the question of area.
It wouhl be strange therefore if no machinery could be devised to surmount tho
difficulty.
I then stated that 1 had prepared a scheme which provided such machinery, nini
that 1 had actually put it in the form of a draft Convention which I proposed to refer to
your Lordship, and, if ajiproved, to lay before the Conference as the counter-proposal ol
Her Mnjesty's Government.
r then explained the general provisions of the scheme.
The draft Convention lays down in the first place that there shall be a close season,
but tha* in view of the contlict of evidence which has arisen as to what should he iis
area and duration, a Commission of experts shall be appointed to report on the iiiattei,
and that if on the examination of their Report the three Governments should slill be
unable to settle the comiilions of a close season, the points in difference slinll be referred
to the arbitration of an impartial Government, whose award shall finally determine tlu'
close season for the purposes of the Convention,
The draft also provides for the immediate adoption and enfoicenient of a provisional
close time as to which the High Contracting Parties would probably be disposed tube
more yielding by reason of its temporary and cxi)erimental character, and in view of the
prospect of an ultimate and imjiartial decision on the questions in dispute.
The other Articles of the draft provide for the enforcement of the close season, tin,'
trial of od'enders, tl.'e duration of the Convention, and the accession thereto of odier
Powers.
Mr. HIaine and M. de Struve declined to look at the draft or to exjiress any opinion
on the scheme until it should be formally placed before them, but they listened to its
details with evident interest, and I obscrvcil no indication of serious dissent or nnfavour-
able criticism on their part.
I am not without hope therefore that if its general features should meet with your
Lordship's ajiproval, it may form a basis of arrangement, ami present an issue out of the
ditticnltics of the situation.
Mr. Tupper, who concurs generally in the draft, has returned to Ottawa to consult
his Government thereon, and the next meeting of tho Conference is adjoianed pending
the receipt of your Lordship's further instructions.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 314.
Sir J. Pauncefote to the Marquis of Saliubwiy. — {Received March 31.)
My Lord, IVashinyton, March 21, 1890.
I HAVE the honour to inclose a cutting from the New York " Tribune " of the
I9th instant, containing an article on the Alaska Sea fisheries, headed "liights in
Behring's Sea."
I have been unable to discover that any American jurist has ever ventured to assert
vnat the United States can claim any special jurisdiction over Behring's Sea, or an.r
431
nrranj,'cnieiit
surmount the
excIuHivo riglit (»t' fishery therein, or to support I lie extraordinary argument that the
corioHlii"'"''' i'"*^ lietAeen the Kussiaii anil United States' UoveriunentH in lH'2t\ had \n,
refcreiice to Hclirinj:"H Sea.
On tlie oilier hand, the falhicy of tiie viewH put forward in the •' New York Trihune "
has iK'on demonstruied, as your Lordship is aware, liy two eminent American writers,
Professor Kayner, in his letters to tlie " New York Kvenin;;- Post" of the 'J7th June
mill iStii ()etol»er, l8Hi), and Professor An^ivl, in liis article in the "Forum" of
Novemhcv 1 i*8'J.
I liave, &c.
(Signed) JULIAN I'AUNCKFOTE.
No. 316.
Tfir MdrtjHis nf Sallshiiiii to Sir ■/, Pnuncefole.
(Tclejrniphie.) Forciijn OJice, .Ipril », \8SH).
TIIK principle of the draft Convention has my lull approval.
No. .'no.
Colonial Office to Forciiju Office . — (Reccivcil April ij.)
Sir, Dnwnimj Street, April 9, 1890.
IN reply to your letter of the 2()tli ultimo, forwardinjf copy of a tcloffram from
Her Miije'sty's .Minister at Washinj^ton, on the present slate ol the ne][;'otiati(ms on
the Helirinn's Sea (luestion, I am directed !iy Lord Knntsford to accpiaint you, for the
information of the Manpiis of Salishury, tiuit he concurs in his Lordship's proposal to
await informatiiMi as to tlie views of the Canadian Oovernnieiit on the subject of the
Convention whicli Sir J. I'nuncefotc has suauested hefore taking;' any action in the
matter.
1 am, &c.
(Signed) \i. H. MEAUE.
No. 317.
Sir J. Pnuncefote to the. Marquia of Salisburii. — {Received April 10.)
My Lord, Wasliinyton, March 31, 1890.
1 HAVE the honour to inclose herewith a newspaper extract relative to the
detention of the British sealing-vessci " Pathfinder " at Portland, Oregon.
She was seized last year in IJchring's Sea, and ordered to Sitka in charge of one
seaninn. She escaped to Victoria, and has been engaged in .scaling till com[)elled to go
into Portland l^ay for repairs, wliere she was detained till released by instructions from
tljo Secretary of the Treasury dated the 29th instant, on tiie ground that the Federal
Courts of Alaska have exclusive jurisdiction over all violations of the Seal Fishery Laws.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 317.
Extract from the "New York Trihune," of March 30, 1890.
Portland, Oreyon, March 29, 1 890.
THE British sealing schooner " Pathfinder,'' Captain Arthur Morgan, of Victoria,
was towed into port last night by the United States' Revenue cutter "Corwin." The
schooner was found at Neagh Bay, Washington, with rudder disabled, and taken into
custody by the cutter. The " Pathfinder" is not seized, but detained pending instructions
from the Department at Washington. 'I'lie schooner is <me of the sealing-vcssels seized
last year in Behring's Sea by tlie cutter "Kiciianl Hush," and ordered lo Sitka, Alaska, in
charge of one seaman as a prizemaster. Slu' escaped to Victoria, and has since been
engaged in sealing off the American and British coasts till yesterday, when compelled to
go into the bay for repairs. Captain Hooper, of the ''Corwin," holds the vessel pending
the decision of the Departmeut relative to whether the vessel is amenable to the Law
regarding sealing in Behring's Sea, for which she was seized.
\
.' '
ill
In
j»f
Hi }
J
IH
H- ' HHii
I^^Bfj ^^^^^HR
^■1- 1 ^HhI
49.0
'Pio " Pathfinder" sailcil from Vicloria two mont|iH ago; she Hccuroi^ tflO Reals oi
the coast ot Vancouver uiii( Wnsli;iiL;(oii.
l'*nrtii'iilnrM of tiic (Iclciitiou liavi- Ih'cii smi lo tlio Secretary of the Treanury ai
Wnsliin^toii, ajso to tliu OepiliinMil at ^)ll lua, < uuada.
IVnsfuiiijInn, Mitirli L'!t, ]H%,
Tlie folldwinm tcIcfrriH" ""'^ «•'•>♦ '>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 <mh(' (|iiile Hiniilnv, l)ut in some vcHprcts
Htronf^cr for tlie Oovcrumcul, deeideil lliat (lie vi-sscl could imt lie iicji. In virw of that
prec'edi'iil, witlioul now reviewinu' (he' principles upon wliieli it proceeded, 1 direct IIr.
icleaso of (lie • I'iithtiuder." "
The precedent rererrcd lo in ili'' ii'kivo tele;;Tiim was the case of the schooner
" Klleii." Thiit vessel was -cized in H"iiriiio-'s Si'a in x->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 <M)urts of Alaska will have exclumve jurisdiction over all viohitions o\' lliu Seal
li'iaiiery Jjaws.
No. ;hh.
Cnloiiliil Ofli'rr In Fnrriiv Oflicr. — (Hi-crircd April 18.)
ir. l^oiniliKi l^lifi'l, Aiiril I t, iSilO.
I \M directed hy lord Kmitsford lo transndt to you, for the infminat'ou o! the
i\|nr(|ui!i of f5i<lis!iury, copies nf ich'i;iaplii(! con'espi.idence witii the (iovcrnor-Oeiicnil (,i
tiauada res[)oetin,i;- the proposed ("ouvenlioii tor Ihc^ esialiiistmient of a close liim (ot
seals in I5ei;rin^'s Sea.
I am, Ike.
(Signe.l) JOHN I'.UA.MSTON.
Inclosure I in "'o, r"8.
Lord ^iiiitsford to Lord l^ltinleii of Invest' m.
('rdeivraphic.l Dnwniiuj Slrct'l, April 11, 1890,
'4'ICIiljiJUAlUl whether, as \ hope, your Governniout has agreed to Minister et
Waslnn;;lon's proptHed l|<>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 <it' tho South I'adtii
(Icenii, l>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 :<tiiti'iiii'iit hcfoni tiie (!niiiinitt(M' oi (.'uinim'n'i! of tlic IIoiisk^ of
Rfprcsentiitivt'S, sniil : —
'As lihnwiiifr tlie |»n>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?<ircd was free tii sn a:i<l kill, (lie usual ri"*iilt t'ollnwed — the
^, ^m. exteiniiimted •• that island, and also at ti.e (lala|pn;;u3 t'raup mar hy,
I •' Ka1>(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 <d' men ihey killed old and youn^, niLle and female ; little pup)* a few dayn
I 111 lieariviil o( ''.eir mothers, died by thousands on the iieaehes ; eareafises ami boto's strewed the shores, and this jiroduelive fishery
I" ' ni)(,llv I v.wroyed. It is estimated (hat in the years 1S21 ami 1S22 no less than ^i^O.OOO of these animals >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 <if the Tivasury. and made, no attempt to take .seals.
Knim this it ap\ioai's that, durin.i; the last thn^e years, the munbin- of iMaitraband sealskin,'; jibhi
oil the market aniouiiied to over '.ITtHIO, and wliicli, aeeordiiii» to the t(^stiniony, dest.royeil Mi>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<ikeries.
Q. .\re they an animal or a (Isli, or wiial aic llicy : how do yon classify tln'iu ? — A. Tlicy ;uol
bliKMled animals horn on I he land : Uiuy are not a lish.
y. And b( rn on the I'liited States' territory, are they ! — A. Yes; all those born on the l.shaiil>.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 <iuestion.
(j. I)(tyou think it necessary to |iiotecl lh(; seals in tla; sea and down in their feedinj^-niounds in
ilic I'iii'ilic, if liossible, in order to iireserv(! their lull valne and the perpetuity of seal life V Do you
1 (Link they ouj^ht to lie proteeUid oveiywhere as well as on the inokeries ! — A. Yes, Sir; I think they
joii'jlit to lie ]ivoteeted not alone on the rookeries, lint on the waters ol' the liehring'a Sea, 1 do not
Iiliiiik it is necessary to i^o outside of the l>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
<J^. 11(1 Mill kill any dilliii},' Ihe munlli (if Aiij^iial fur their skiiH ' .7. Nnl a Meal ; im
(fl l>(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„<l
Iv.'oause, if that riylit is siirreudercd, and Iherehv the ri-hl In pnliee the sea, Ihe (lejiredatieiis tli,
made uiinn the seal wherever ihey may ho fdiiud, wherever men thnm,dit tl
\vi
I'V could earrv
llli<:ii i<!|
tliniit beiiiL: laken in the act, would lie (;avried out. So il would he diHicnlt in re;;ard In the lisln
VVIier(.'ver they eniild kill llies' seals iliey certainly would he there, and il would he iiiip'«<ilil' tl
prevent them
i'2'.) ■■•■•"
III (III! stalcmciils anil st(ilistic-t ri-litivi! to tlio I'ur-siial fislicrirs siilmnUu'I by
(;, A. WillifiniH ill |HSK to Mic (!'>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<!Ui tn iirikfl n liiuiiiciii nf Icillinf; r.-iI,., tli'-rr ii no dimltt bill. IIiitr
wiTi' '.',(1011.110 I '<r .'1,00 1,000 of llli'iii uii llii- nliiirl. I li.ivi; iiiikIo iiii i-x inrili' iiF iiiiiri' tu.'iii .1,'l'ai,'l>|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."
t<iiiilli Slidhiiiih. In IH'JI 1/.'! tin' Soul h Slut hind I'^lainh. a ;;ioiip intaily .-.uiuli Iruni (U[ii! Iluiii,
lii'ianii' knii«ii to thr ^ijl-hiinti'is, nnd in twiiyiMis u\i'r ;iJO.()oD Hiialswcii! killed and tln;ir skins
dliippi'd from lliisi' islands.
,S(ii'7i (i'riiri/iii..--\,)\rv still, si'iil wi-n; I'oniid on tin; Island of .'-i'liilJi 'idnr^jia, .S'liith Atlantii; Oriraii,
and I'idin this Im'ality w.'is olilaini'd over I.Di. ),DI)D of fiir-si'al, Iciiviii'.,' tin.' lii'ai;lns li.iii; of Hi;al lil'i;.
('"/ir JJani. — l''ioni tin' roasts of South Ami'iiia and iihinit (.'apo Morn many tinmsands of fiir-si'iil
have hi'i'ii taki'ii, and of thr lifi; oiirn sn prulilir tln'ii! nuthiiiL; is now irft h.iv; sir'h rrnin int,.s of fornuT
herds as shi'ltcr on mrks mid isli'ts aliimst inari-i'ssihli; lo tho iinisl darin;,' hniilrr.
This rrriird shows the. nearly coniph.'ti; ilrstnic'tioii of thcsi' valiialili', aniinihi in sontlnirn nra.s.
I'riipi'lly priiti'i'ti'd, Kn'riii'li'ii Laud, .Mas-;i- Kni'ia, tin; Shi'tliinds, and .South '•i"iT'!,'ia n,i;;ht liavo lM;i;n
liivis III' iinliisliy, pinihiciiii.'; vast wi'.dlh, Irainin^^-srlinolH for hardy scann;!!, and furnishing' <;ni[iIoynii'iit
Inr lens of llioiiHaiids in tin; world's niirknts wlinri; skin.s arc dn'ssi'ij, prepared, and distiihiited. lint
till! luealiiies wi'ii; no mall's land, and no man eared for tlieiii or llicir prndni'ls .-^avc ua tliroiigli
ili;stnii:liiiii tin'y conld he transmitted into a passing; profit.
The seal lite of t '-day avallahle, for eomiiiereia! piirpo-,(;s is eeiitre i in threo luiialities ; —
1. The l.oliiis Islands, silnaled in the. inoiith of the liiver La I'lat.'i, owned and ciintrollcd hy tlui
llrai;iiay li'ep'ihlie, and hy that (iovcriiment leasdl to private partiui fur tin; sum of (i.DUD dollars pi.T
animni and S'linc slipiilated ehari,'es. Tin; aiiiiiial iiroiinet in skins is ahout lJ,Oni). '{'In; skins are of
rather inhaior i|iiality. Insnllieiciit reslrietimis an; ]ilaeud upon tin; Ics-ccs in re;;,iii| lo the nuinlM'r
of skin- perniiiled to he taken annually, eonseipiently iheri' is soiik! wn-'lo of lili;; iievi;rlliel"s.u,
(Ik; nieaaire of pioleetion allo.\ed has insured the jirescrvatioii of tin; rookery, iind will (;ontiiiai!
sn til ilii.
2. Isoinandorski <,'inipl('.l, whieli i;iinsists of the Islands of Copper and r."lirin'^', near the criast of
Kanieh.ilka, in that portion of lielirinn's .S(!a peitaiiiin;; to Uiissia. 'J'licsu islands yii;Id ahiiit
•lll.tlllil skins p(;r annnm, of k"|"I ipiality, and an; j^'iiarded hy carefully rcstrietivo Itiile.s as to tliu
killing; of ;:cal, analo^'ini.s lo tin; Stalntes of the I.'nited St.itus relative to tin; ;!anie suhject. The ri^Iil
to take seal: niioii them is leiusi'd liy the liii.ssiaii < loveriim(;iit to an Association of Ameri.'an citiz us,
who al.Mi hold I in; lease of the islands helonniii;,' to the United States, and are thus (;iialiled to e'introl
and direct the hnsiness in I'ur-yeal skin.s for the conimon aihanta^e and lieiielit of all parties in
interest. T'liese i.->lainls 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!i<i)ort, tliiit ii
would lie intnisive here to attempt to supplement auglit, and therefore oidy f,'eneralization.s Imsiul un
said I{c|iort and sucii statements of life and jirocpchire on the islands to-daj' are presented as may lie
pertinent in this (ionnc^ction.
In an article on fur-seals Avliich appeared in " Land and Water," .1 nly 14, 1877,
Mr. Henry Leo (Ens^lisliman), F.L.S., says : —
It nas been stated that during a period of fifty yeara not less thiin liO,Ul)(l tons of sea-ele|iliiiiii s
oil, woHli more than l,U()tl,0()(i/., was annually obtained from New (ieoigia, besides an iiicalculalilc
number of I'uv-se.'d skins, of which we have no statistics. Some idea may lie had of tlieir iiuiiilieis in
former years when we learn that on the Island of AIa.s-a-Fuera, on the coast of Chile (an island udt
25 miles in circumference), C'a])tain Fanning, of the American shi]i " I5eisy," obtained in 1708 a lull
crop of choice skins, and estiuiate<l that there were left on tlie island at least ri(lO,OU(i .'iciili,.
Subsequently then^ were taken from this island little short of 1,0UK,U00 skins. The sciil eatchini; wiis
extensively prosecuted there for many years, the sealing fleet on the cuasl of Chile alone llicn
numbering thirty vessels. From Desolation Island, also discovered by Cook, and the South Siietliiml.s,
discovered bv Weddell, the number of skins taken was at least as great ; from the latter alone ;j2n,('0O
Were slii]iped during the two y(!ars 1821 and 1822. China was the great market to which they woiv
sent, and there the price for each skin was from 4 to 6 dollars. As several tlmusand tons of
shippin;;, ehielly Knglish and American, wen^ at that time employed in fur-seal catching, tin: jirolits nl
the early traders were enormuu.-;.
Docs the reader ask what has become of this extensive and highly remunerative southern Im
trade? It has be(ii all but annihilated by man's grasping greed, reckless imjirovidencc, and waiitdii
cruelty. The " woeful want " has come that " woeful waste " has made. Without thought of tlic
future the niisguided hunters persistently killed every .seal that came within their reach. Old and
young, male and female, were indiscriminately slaughtered, in .season and out of season, and thousamls
of little ])ups iiiiL liiuuglit worth the trouble of knocking them on the head were left to die of huin;cr
alongside of the llaycd and gory carcases of their mothers. Every coast and i.sland known to lie ihc
haunt of the seals was visited by ship after .shiji, and the massacre left unfinished by one gang wn.s
continued by tli'' next comers and conipleled by others until, in conscciuence of none of the animals
being left to br , their nuniln:r gradually iliniinished so that they were almost exterminated, only n
few strag.glers uiiiaining where millions were once found. In some jilaccs where formerly liny
gathereil together in such densely packed crowds upon llu^ shore that a boat's crew could not find ini.iii
to land till they had liispersed them for a s]>ace 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<i water and above it,
sraircely one cliaiipc in ten ol' sid'ely ])assing such a cordon.
Open those waters of lielu'ing's SiVi, to uncliecked pelagic sealing, tlien a Hcet of hundreels of
vessels, steamers, ships, scJKiuners, and wliat not, would immediately venture into them, bent upon tho
most vigorous and indiscriminate slaughter of these f'Hr-.s(!als ; a few seasons nf gri'cdiest rapine, then
nothing would be lelt of those wunderful and valuable interests of our (Jovernment which are now so
hiuidsuniely embodied on the Seal I.slands; but which, if guarded and conserved as they .are to-niay,
will last for an indefinite time to come as objects of the highest commercial good and value to tho
wnrld, and as snlijccts for the most fascinating biological study.
Siioriting i'ur-seals in the open waters of tht^ sea or ocean with tbe peculiar .shot and buUefi
lartridgcs used iiivcdvos an immense waste of seal life. l''very seal that is nuuely wounded, and even
if mortally wounded ,at thi; moment of shooting, dives and swims away instantly, to ])erish at soma
poiMl I'ar distant, and to bo never again seen by its human CTiemics : it is ultimately destroyed, but ib
i.^i lost, in so far as the hunters are concerned. If the seal is shot dead in.stiintly, kilh'd instantly, then
it win lie jiickcd up in most every case; but not one sual in toi fired at by tlu; most skilful marino
luuilcrs is so shot, and nearly eveiy seal in this ten will have been wounded, many of them fatally,
'flic ini'gular tundiling of tla,' water around tho seal, and tho irregular heaving of the hunter's boat,
liOth acting al the same moment entirely independent of each other, making the diflieulty of taking an
iiciMirate aim execijdingly great, and the result of clean killing very slender.
Mr. CJcorjjo R. Tingle, United States' 'J'lUiasury Agent in cliarsifc of the fur-seal
itilands from April 18S5 until August 188R, testified as follows :— ■ ;')
y. it is Mr. .Mel uly re's opinion that they have not only not increa.sed, but have dccrea.sed ?— • ,
./. There has been a slight diminution of seals, probably.
Q. To what do you attribute that ? — A. 1 tlunk there have been more seals killed in tho sea than
(!V('r bel'tire by marauders. I estimated that they secured 30,000 skins in 18S7, and in order to securo
dint number of skins they woidd have had to kill 500,000 seals, while this Company in taking
1110,0110 on shore ilestroyed only thirty-one seals. Those were killed by af'cidciit. Sometimes a young
seal, or one not intended to be killed, pops up his head and gets a blow nniiitentionally.
Q. Tho waste of .seal lite was only fifty-three in 1887 ? — A. Yes, Sir ; in securing 100,000 skins,
while thesi! maiMuders did not kill last year less than ."JOO.OOO. The logs of marauding schooners havo
IliUeii into my hands, and they have con\iii;ed me that they do not secure miu'e than one seal out of
I'vciy tell that tliey mortally wound and kill, for the reason that the seals sink veiy (juickly in tho
water. Allowing one out of ten, there wouhl be .")00,00O that they would kill in getting .'30,000 skins :
200,000 of those killed would be females liaving 200,000 pups on sluire. Those pu|)s would die by..
reason of the death ol' their motliers, which, added to the 1300,000, makes 500,000 destroyed. I am
iuchucd to think, liccaiise the seals show they are not increasing, or rather that they are at a standstill,-
that more than 300,000 are killed by marauders.
(/. You arc of the opinion, then, that the marauders are killing more seals than tho Alaska
t'uinmercial ('onqiauy ? — A. At least fivi^ or six limes as many as the Alaska Cimimercial Company,
;ire killing.
Q. What will be the ell'oct if more stringetit measures are not taken to protect the seals by tho
(liiverument ? — -.1. If more stringent measures are not taken, it is only a cpiestion of time when theso
^eals will be ilriven idtimatel^' to seek some other home M-here they will not be. molested. They will not
I'outinue to be harassed; and, if this marauding is continued, they will, in my opinion, either bo
.i^fiulually exterminated, or will leave the islands permanentlj' and land at some other place. They:
miiy go on the liussian side.
Q. Will marauding increase if the Government does not take stops to prevent it ? — A. I think so.
<j. Is it practicable to prevent it ? — A. Yes, Sir. If we did not allow those cheeky, persistent,
iusuleiit British Columbia seamen to go there and defy tho United States and its authorities, it would
very soon be stopjicd. When our revenue-cutters seize the Ikitish schooners, the captains are very
insolent and defiant, and claim that they havo a strong Government at their backs. I am now reforring
jiartioularly to Captain Warner, of the "Dolpliin." Ho said in 1887, when captured, "We have got a
strong Government at oui backs, and wo will fight you on this question." " Very well," says (Japtain
Slii^pherd, " I have got a strong Government at my back, and J am going to do my duty. My Govern-
ment .sends me to protect these seal I'ookerio.s. I am charged by this Administration to ejifowa the
liiw, and r will seize all ninrauder.s." ' ,
• • • ♦,«.,♦'
132
Q. Voii wc^rc .s|n'akiii;< a wliiltMijiii iu ii'giiitl ti) tliu amuuiil of snil lilc dt'sluiyiul liy iimiiiinli'in
ami llint a ciiiitiiin liml given tlic iiuiubiT ol' hcuIh tli'slidyud. Ilavt* you .seen any of tliti l(i,!{-lic)iikM (if
thoso voaH(!la t — A. Yes, Sir.
Q. AViU you Htalii what you ronioiuluT with ifijanl In llu' tiiimlicr of .scalH lost or ciii.liircil liy t|i(,si)
vessels? — yf. I viMiieiiiliur reading llio log-liook of llie " .\iig(d Dolly," vvliicli J cnfilnrcil. TIuto Wfts
iilry WHS nnulc ni iinnlluir ]i _ ... ,
skill out of every lifly seals wounded and killed.
Q. Have you seen seal-skins uiion the island llial
liiindFilla of shot, every sea.son.
Q. Does that injiiii' tin- market value of the skins
the ekiii.
Iieen shot > — 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 <loveriinieiit ia
rieiUiiig witli these destrnetive law-breakers.
William Gavitt, an Agent of tlie Uiiitotl Slates' 'I'reasiiry, gave tiiis testimony :—
Q. 1 understand yon to say— for instance, taking 1887 or 1888 — tliut the 100,000 seals takiMi
upon llio islands and the 40,000 taken and killed in the water, if no greater amount was taken, thai
there would be no pereeptible diniinutioii in the miiuher of seal; that by the natural inerea.se tlio
Company might take 40,000 more than now if it were not for the depredations '.--A. I had in mind mi
average between 23,000 killed iu 1888 and about 40,000 in 1887.
Q. What 1 want to know is this : Is it yonr opinion that the number tuken in the .sea, when thay
are on the way from the islands to the feeding-grounds, have a tendeiiey to demoralize the seal ami to
lircak nj) their habits, their eontidenee, ite. ( — A. It w<iuld bi^ likely to do it. They are very easily
frighteued, and the diseliarge of lire-arms has a teiuleiiey to frighten tlaan away.
Hy Mr. MaeDonald :
Q. No seals an^ killed by
islands with clubs.
the r
oin]iany in thi.s way
./. No, S.'r ; they are nil killed on ihii
Jacob 11. Moultou, an Agent of tlie (iovernment, testifuul : —
Q. Do you think it es.sciitial to the preservation of .seal life to protect the seal iu the waters of
Alaska mid the I'acilic? — A. There is no doubt nbont it.
Q. The Iu rd cimld be exterminated without taking them upon the islands^ — ./. They could Uu
cxteniiinaled by a system of marauding in the llehriiig's Sea, but I think the iinniber killed along the
J?ritisli Coluiuliia coast did not affect the imnilier we wiae killing on the islands at that time, beeaasu
there was aiijiai-ently an increase during these years. There bad been for live or six years np to tliiil
,':tc. Since that time in Hehring's Sea the seal have been gradually decreasing.
Q. You think their decrease is attributable to unlawful liunting in Kehring's Sea ^ ./. There i.s
iio doubt of that
Q. As a result of your observation there, could you suggest any betti^r method of laeserving .seal
life in llehriiig's Sea than that now ad<ipted !—A. Not unless they furnished more revenue-vessels and
inen-of-war.
Q. So as to piilnil the sea closely ? — .1. 1 think so. I do not think the seals scatter much thrcayli
any great distance during the suminer season, although very late in the sunnier the smaller seals
arrive. The females, after giving birth to their young, scatter out in Jiehring's Sea for food. VVu
know they leaver the islands to go into the water, because they are coming and going. They siicklf
their young the .same as most animals.
Q. Lawless hunters kill everything they Knd, I believe, females or not? — A. Ye.s, Sir.
Q. When a feiiialo is nursing lier ycaiiig nud goes out for food and is killed or wounded, tluil
results also in the death of her young f — A. Yes, Sir. As her young does not go into the water, il
docs not do anything for some time, and cannot swim and has to be taught.
Q. The .seals are born npon those islands ?—yl. Yos, Sir; they ciuue there for that piiiiiosc.
They eonio there expressly to breed, because if they (Ivopjied their young in the water the pup wmiM
drown.
Q. Do you think the value of the s:ials justilies the jiolicy that the Oovcrnnient pursues for tlair
preservation and protection ? — A. Yos, Sir ; f do.
Q. And'undei'a rigidly enforced .system ]n'oteriiug seal life in the '.villers of tln'se se;i,s do ynu
483
think till' lit'i''! ci'ultl l>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<in and evidence us
to catch of niolliors.
Edward Shields, sailor, as to catch of (18() seals, chielly femules — custom of hunters
to class all skins of seals under those of mature seals as females
Mr. Glidden, recalled, bused his estimate of 40,000 catch from newsjiai)ers
Inexperience of witnes.ses
No cross exandnation of witne.sses
The opinions of witnesses
Their opinions are substantially that females nursing go out ftu' food — when
away from islands are shot — greater jiart of catch in liehring's Sea made
up of females — many of the .seals shot are lost.
Issue joined on these by Canadian tiovernmenl. Seals oaii be protected and
increased in number by (1) jiropcr ]iatrol of islands : (2) killing of |aips jiro-
liibited ; (o) reduction of pu]is to ln' killed on islands; (4Himil of months
for killing; (5) ]irevention of killing by Aleuts at the Aleutian Islands ... 44;'>
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<i wirii ilrirrtril, thn uiiiniain hating lioi'ii killrtl nr ilrlvin rnim thrlr hiiuiili,"
Wliili' il JH ailiiiilli'il lliiit iiiili.srriiiiiiiiitii Mliiiif^lili'is ii|iiiii llii^ I'unldirii'H iii'i> 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,'<i.|s mi i|,,
iHliiiiils (Siiiilli Sliiilliiiuls) tiink ill II li'w wi'i'k.s jriii.iiiM) Hkiii.s, wliilr tliniisiiinlM wnii killcil iiml ImhI. In
ISUI mill IH1.''J, li'Jli.iliM) .skiii.s wi'ii' tiiki'ii, miil I.Mi.oilO ymiiii^ sciiLs ili'stioynl. Nuiii' nl' tlirsi' islimili
linwi'VL'r, wiTi' rvi'i' ririiiii'iili'il l>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 f<r'>iil>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 ii<riind KriKil'i ^'>fi 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<ll) skins, Heciirinj; .several thoiisaiid.s of .skins annually. In IS'JO
I'liptiiiii (liirdon I/. Allyii, of (Jalc's Fcny, ConiKwticiit, mentions lindiiiL! 1,001) (.ureases of si ,ils at one
„| till! islands, the skins of which had hecii taken. He Iaiidc(l and look seul.s in considerable nntnbcra.
He Hii.s ii^'ain on ii scidin;,' voyaoii on this coast in IMIif, mid shot seals on the rookeries.
Ill I8JH a pliii,'iie visited tlioso rookeri(^s, and rill(),IIOO seals |iciisiied durini; the idajjiie ((Jlark in
the Itcpoit of the I'nitiMl .States' (JommiHsion of Fish and Fisheries, 1887, section o, vol, ii, pji. 415,
416), anil yet to-day we tiiid a reiKiVval of the industry hy Uuyulationa apjilied so/t/y to tho ro<jkurit'S,
anil '-.rrliixirr of the deeji-sca ojKirations.
rpoii p. 7 of the y\]ipeiidix now under review, the Itejiort of the Congressional Coinmiltec on
iVliwka seal lisheries refers to testimony of United .Stiites' (iovcriiment Agent.s rei^ardiii<,' tin; niimlier
of seals shot and not secured, and a calculation is referred to, to the ett'ect that one in every seven is
alonn secured hy the hunter who follows seals on the sea. The e.xperieiice of Canadian liiiiiters in
ilirectly oppo.sed to this theory, and shows that ii lo,ss of li ju'r cent, is all that ever takes place, wiiilo
Imlinii hunters seldom lose one. SoliMiin declarations |i this effect have biien made under the. ( ■aiiadian
Sliitute lelaliii" to e.\tra-judicial oaths.
In coiilirmation of this, reference may bo had to .Mr. II. W. Elliott, in the United States' Fish
C'oiiimi,ssion(!r'.s Keport, vol. ii, section 5, p. 4811, where hi( says: —
"Till' Aleuts fire n'- the otter at 1,000 yiird» ranfje, and llmt, whf. hit in the liciid, nine timea nut often the uliiit in fatal."
In the case of hiiiilino the seals, the practice of the white hunters, all expert shots, if to ]iaddIo up
to the seal while aslee[i in the water, shoot it in the head, and at once haul it into the lioat ; while the
Iniliiins approach it in a caiioi! ami sjiear the seal, tiie head of the spear separating itself and being
attiiclici' 1,1) a rope liy which the .seal is dra;,'ged into the canoe.
lieferenee is uiiide on p. 4 of the Ajijieiidix to .Mr. Illuiiie's letter to the limitation.s in tho lease of
1870. Tiicse conditions, it is contended, are most inconsistent with the priisiMit view of the United
Stntes reganling the danger to the preservation of seal life. With respect to this tho following facts
.ihould lie carefully noted: —
1, I'p lo 1802 no Law in I'lUssia e.xisted ]iroliibitiiig or forbidding the killing of seals, and in that
ycariin iiio[ierative Law was promulgated (.'^oe IJussian Memorandum, M. do Staal to Lord .Salisbury,
iijth.luly, 1888.)
Jlr, Mclnlyro, a .Special Agent of tin Treasury Department (II. 1!. Ex. IJoc. \o. 'U>, 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)8 on tiiiiliiiiiiiislicil t'oiulitiim nf llic si'al li^licpy. (II. lI. I'',.\. Dnr. Xo. 1.77, 4(ltli I 'iii|ir|-,,<,
2iicl Ntwsiiiii.)
>>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<n(iwlell^^e. He larlher
^tatt'il Ihat the linlls remain on the islands all .snnimer.
This is (•( ml ra( Meted hy writers aial otle'i' United .States' witiK'S.ses.as will he seen hereallei-. It is,
tlKicl'iire, eviihmt that this ^jenth^man wa.s ttistifyini,' sini|ily to his (iwn pee.nliar theories i-e,!,';iri]in,n seal
life ujiiiM very limile(l experiei Jl(! says, at one iilaei\ that while the eows are, ont (and Ihey k".
lie tell- ns, 10 III lo miles, and (iVeii farther; the sealers (;at(lj tiieiii ; while, al, another ])laee, la;
sliitc's ;-
"Tiir MM i> 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^
<iiiii;iiiv yoan;; uiihniit their mothers." Ther(3 woidd he less donlit respeetinj,' the ('(iwh heinj; shot or
lust if i( was siitisl'aelorily shown that lar^;e, nninliiu's of yonnj; jiniw were fonnd dead in the rookeries.
Till' witness, if alile, wonid havi; certainly p(jinted to this. The reverse, iiowever, is the fact; and,
willi the e\e(!|ilion of one wilia-ss lieforo the (,'on^'iessional Comnutteu, whose evideiiee will he examined
a^'iiiii. nol an .\^ent of the (iovernmont nor a writer i^ver stated that pn|is were fnnnd dead in .any
iraiiiliers nil the islands from loss of mothers ; the faet heinj:; that neithers never •"> 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>i<w ^u:i uccouot of :o.^), and can send her h;)Hts on the beaches und get off fifty or a hundred sVins heforu ibt
inh«bit<intH i^i ihmI ii'^mrt/'
Ei'iiliiKrl'V Afr. Williams "I'X's not cuiisidcr the sliootinj,' of females far from land is much iiiilul^ni
ill, a* V< iiiHiMts tlial llic, >l;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 .><eal ti.slieries of Alaska for tlie lessees, is then hMiii;,'lii
i'orwiird by Mr. Ulaine.
Thi-i ,i;eMll('mii:i went l.o th.- istoil as a Oovernnicnt .\gont to in.spcet the o]ierations of tlic Cdii-
paiiy. \\U lie|)ort< were liitvoUH',il»li»' ily .and hij,'iily eulogistic of the Company, and they were inrm..
'iiiilely ioIImuvmI 1)y hi« resigiMttion iwai^ioverninent ollicial and his appointment to a lucrative iio.siiion
•inder the i '.■.iipaiiy.
His Ir-tiiiiouy >" 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»<ii are recovered, and his reason is that he ha.s fciuud siak
with liullels in »1ieir liluli'ier.s on the islnudH. jle attributes a deticiency in the luiinlierof .s^als in ISSS
to tile fact that <'i>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<i n'liresent .siich a practice obtains, but it is to Ix'
lifiri . ill mind that he does not \!fi »< far ii.- ^> 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;-^.ltir<l » • -if. He eoiududes that the number of souls
has laiyj-iv deeivised in the last two years (l>W7 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 <piito so much inflated.
" ' I am fully aware of all the consequences to he dreaded, the responsibility assumed, when rash enough to dispute the heretofore
self-eslablished authority from the Arctic Ocean to the Portland Canal.'
"This man seems to be the natural foe of Alaska, prosecuting and porsenuting her with the brush of the pencil and the pen of
an expert whenever and wherever he can get an audience, and I attribute the prestmt forlorn condition of the Territory to-day more to
his ignorance and misrepresentation than to all other causes combined. He is accused of being tho paid e,-eaturc and hired tool of the
Alaska Commercial Company, and belonging to them body and soul. I have made diligent inquiry and ascertain he ij not in their
etnitley. and, furthermore, they repudiate the ownership. They should not be held responsible foi the indiscreet utteriugs of tho
tense-'^L'i'per, notwithstanding the charge of ownership might canst- him to be more readily listened to.
" Doubtless when they have been attacked through the columns of the press they have employed this individual, who is
unquostiunahly possessed with the eacoplhfn acribendi, to reply to unjustifiable uuslaughta, and paid him for it as they would anv other
nt'nny-liner who makes literature and writing for the press his profession."
:■»■ ■'
Hi.s evidence in 1888 is open advocacy of tlie Unitetl States' contention. His writinjjs an>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.'<r(','<) ilid iint ii'Mjici'l tiu' liiws nl' (iiul iir iiiini. ||,.
uiimi'il |iiirliciilnrly Mr. M'clistci, I'r. I.iil), •'ulni Kiil<, iiinl .lnliii Hull (p. IHII). Ami In^ mlilnl il,ni
llii' iiili'M 111' till' ('iiiii]miiy WfW violiilcil. Tlir ('ciiiiiiiillcc lininlli'il this wiliii'.s.s nillirr riiiiojijv
Ml. .IcIVlics siiyiiiL; In liilii (p. l.'<8) : —
" Yint liinl lii'ltiT nnilrrittiniil wliiit yon iire talkinK iiliont,"
On p. ll'l III' ri'lniluLs oIIiit iiiHi'cr.s nl' llic Tiviisury wiio liiul IrHliliod pnsitivi'iy to miiiIIim'. willium
(111! nn'iilis nl' kiiiiwii'il;^!'. 'I'lii' witiii'.ss WHS iisKnl :
'* Wliiit will till' rcmilt of yiiur iiltHt'rviitioini ililil ii|iiiiiiiiiti tliiit you ih'pin ri'liiililr in ri'B|ii*ct In tlir iiiiliiwfiil killntif of .^,1
iiiiniljilly .'"
Till' witiiuMs miswcrcil tliiil —
" Wr liavc no mrmii nf knimiiiK Hint."
Un WHS thiMi ]irt'Ms('il in lliis wiiy : —
" It in n ini'i-f iiiiittiT of cKlininti', iif r'nirsi', hut 1 winh it hiin'il upon m n-linhh' iiiforinntion nn yitn Imvr."
Wlu'll tlir witlH'SM siliil —
" 1 think tlip lirnt !ii'ii<«oii thn rrvftiiii'-riittpr riipturi'il l.^,O0fl Btoirn nkiiiH (p. 191) ; wliprc thi'y wr'.n gtoIiMi, wfu-thfr in Mcifi
or ont nfil, no nf/nit i-uittd lint/i/)tU;/ urt.v."
lie hIsii sliiiwi'il lllill lili' Icssrrs nl' llii' isliiMils wcin mil si piirliciilur Its iil.iu'r .'\^(>|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 ,<tv
tliiit llie les.sees perfori'ieil r.ieir o'lli^'ations as e.oveiiaiited in the lea,se. The experienee ol iimsl ol
llielii "as liiiiiled lo a I'l.'W yeius' resideiu'e on the Seal Islandy, assoeialed with and iimh'r llio iiiiliinil
inlhienee nf a Cniiipaiiy adinitiedly a moiinpnly and duMirniis of ri;3tri(.'tili.L! the ealeli .so as to emitnil
lliu inarki'l of tin; worlil ii.s far as ,seals art! ei-neermtd.
.Nonu of tliu wituoHSi'H were, iimreovei, eiibiiiittod to a cross-oxamiiuitiou, and Ihev vvern to ii liirgf
44d
vhrlhrr m Hr „
Mm thf ('(impmiT"
WITH to U liirp,.
(.xUiiit li''' ''.y *■'"' i""*'"'"'"'" '" '■'"' "l"""''''""^ I'"'' '■" t-l""'!' I'l"' "Illy fiii'tn tliiil wiirc |io8Hit)Iy wit.liiii
llicir kniiwli'il},'!' irliitn ti> 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'f<i' dpiiiidiis air put I'liiwiinl in Hiippnit df the main piiipiisitidii of llic I'liitcil Slates, viz.,
lliiil siiii'i' I. '^■'■f-. anil i'>pi'<'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 '<eals IVeipirnl iii^' the I'lidkei'ies, anil it is rliiiliieil tliiit the seals ale
iiiiiir iiiiiiieiiiils iiml liidie valiialile iipdii Ihe nidlievies tu-ilay than ever in their pievidiis hisliiry ; that
Ihis is the fact ndtwilhsliindiii^j the nidlicries have lieeii I'dp tweiily yeais imiclically nnprotectcd from
Imiiiiii'IiI and must danL^eriam raids iipeii Ihe aeliial liieiMliii^^'^i'diiiidM, and many iitlier injiiiies, all
williin the cniili'dl df Ihe ( Jiivernmeiii. of Ihe I'niteil Slates, as liereinarier specihed.
Till' Canadian ( idViriimeiit leserls Ihal Ihe seal lite iipiiii Ihe islands i alini't didy he inuintuiiicd,
hilt !,'reiillv increased hy the adnp, imi (in Ihe piili iil' the I 'nitiMl StiiUvs iil'--
1. All elhciiiil means lur the palidl and ]irdteelidii of the islands.
Z Hy thi^ |ii'dhil'iliiin of the killi:'t; of pups hy the natives for I'ddd.
:;. Ily ii'ihicin;^ Ihe iiiiiiiher df yailiii;; seals to he killeil hy the. lesseeH.
I, I'.y iidt permittiM!; uiiy hiiliii;,' dl' sea's iiium the islands, exeeplin^ in duly, .\ii;.;ii,sl, ami
,'<(||ilellllK'l'.
."i. Hy prevcntiii!.', the Aleiit.s IVrm killiie,; s.'als (Hi llieii' mi;^ratidn through the Aleutian IslandH
nil llicir w.iy to and from Ihe liieedili^-;;rdiiiii!s.
Ill .Ml. r.laiiie'.s despalch to Sir.Iulian I'aiine.efote of the l!7tli .laniiury, IK'.IO, lid proceeds upon ii
siiiiicwlial dilleivnt ,i,'i(aiii(l than tlii^ evidiHice already ri^viewed, in order to show the. nece.ssity lor
innliilnliiai of sealing in the waters of llehrin^'s Sea.
The '■' /n(i/r evidence hefon^ the (!onj;iessioniil ( 'ointiiiltee satislicd thiu ('ominittee that "the
inv.seiit iiiimher of seals on St. I'.iill and .St. (ieoi;.;e Ishnids has maieiially ililiiinished diiriii;,' the lust
l«-(i er three years," viz., from IHHIi to IHHII, while Mr. Mclntyie, whose evidence is so irnich relied
uiioii hv Ihe I'nited States, dali'S the deiaiiiise from l^X'J.
Mr. Illainc, however, a(lo)its llm view that the rook(H'ies were in prime eoiidition and uniliminiNlied
until l.'^.So, wliiiii, Its 111) HiivH, Canadian sealers male tlioir advent into Hehiiiif^'s Sea and tho injury
lit'l^aii.
II is therefdre iinpdrtaiit td pdiiit lait that the dpepatidiis of the <'.'inailian .-tealers were ah.sdhilely
liiiin.le.srt ediiipaii^d with the miiiiei'diis depredatioii!* ii)idii the islands fur the lust century, which,
liowcver, have not yet hej;uii to idlect Ihe value and iiiimhcr of seals iiii these Wdiiderfnl rookeries.
Already evideiici^ has Imeii citiMl in this paper eslahlishiii;; the fad that extiiionliniiry sliiii;;hter
iicciini'il ]irioi to 1H70, and lliat afu^r all thi.s, when the total niimher of seals on ,St. Paul and
,-^t, ilciii';,'(^ Islands was admittedly Ic^s than now, it was deemed safe to permit 100,1)1)1) inule seals of
I vTar or over to la; killed anmially tor twenty yciiUH, &i\
la 1870 Collector I'ladps, of San I'laiieisod, reporlod : —
" I nm iiNniirpd lUv riiliri' inanltpr tiikrti mouiIi of t)i<' IhIhiiiU of 8t. (Joorgc itnd St. Paul will nggrcgnte, nnj, 10,000 to 20,IMI0 per
aunnn." (II. K. Ki. Due. No. .I.'i, lltli (iiiikti'iik, tut Soioion.)
The Aclini,' Secretary of the TriNisiiry i)eiiartnieiit, in Sepfemher 1870, f,'ave |)(!riiii.')Hidii to the
'■|)ni|iiiiiy to use lire-arms yi;/' /iniliifimi n/' Ihe iddin/s iiijuiiinl iHiirinidirs. (I[. U., 'Mth Cmif^'reHS,
Isl .Session, Kx. I toe. No. .S!!, |i. ;',0.)
ill 187:.' Collector riielps. Id iMr. Secreiary r>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(<!( with
ill'' iiitrunoii of rrpt'lliiiif l.y loicc iiiiy tittfiiifilw t'l kill tini (in f/if rni,k'Ttft or within rirtf-thtit <^'Mc iftore, if the I'rrwi ttill (MTfislod
111 iluitii> 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"."' ' "•« »•'»• <l'>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<l. I||,
8(«tos tlmt ves.ieks i/o lo the ixlunds am) kill 10,000 to l.'.OOO o-i/iitr, mii/ llmt 100 rrivifl.i linn Inn,
jnvirlinii olxwl l/n.tr i.<liiiiil> /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<l'.^. The IniiUers i;o (lieie mi iiiooiilit;lit niglil.s. lie Hditeil that lie took puHse::siiiii
of a ve.ssel while the eivw weiv on shore killing' seals. The (toveriiiiieiit, lie f^oes on lo say, ilid imt
keep vessels theii' in his time, ami he reeomiueiuleil (hat a reveiiue-eiitter slioulil lie kept (lieiv In
guanl the islaiuls. (II. U. Kx. Poe. No. ;!SS;i, ,"iO(li ( 'oi|M|ess, p. 'J,S.)
Trior to the ileeisioti of the I'uiteil ."stales to arrest, vessels oulsiile the l!-mile liiiiil, in lieluiiiu's
Sen experioiiee hail shown that the ) oliee Coree at the islaiuls eoiihl mil. proieet them Iroin raiiii I'lns
is illustratcil in a letter fiiuii the Seeietary of the Treiisuiy, Mr. W. MeCiilhn ,i, ilateil the '24lh l''elirii;uy,
ISvS,"'. wherein he reeommeiiils that 2,"'.000 ilollars lie oliUiiueil for the ;iroteeti(iii of seiils aiiil ilir
inidavomeiU of tho laws :
" Tho unit ttRhrrii'^," hn BlAtm, " ] inlil Annually In Ilir (inTfniiiivnt n rcvniiin uf iiliniit 3(10,(100 doKftm. Tlic (•(■lulu nn whii-li t|i,<
Mftlt nrr taktMi nn* pnitivtiM fmni (noiirninnx ,if iiiMiiiiiiliiix iiitMolii nlniit* tlirtitiKli tlin iTiiixiuK of tho roTninui-riitt^TFi, l^niit jrrnr tlic
nfhct'ni of tlif ' i'nrwin ' Mcitnl a Ht'luioniT ongHKoil in Ukiiig tPAlR iinlunrully. Without (tip um of outtors tho fiir-tii'iil iiidiMtry liin
no protot'iuin."
The letter eloses hy a-skiiy for 'J.'i.OOO iloUai'H ''ill the Kstiinotos for next ycnr." (II. It. V.\.
Doe, No. '2o'2, 4Sth I'oiiijn'ss, 'Jiul Session, vol. xxix,)
Septeiiibor 1, l.'^Sl, the llaniluiru'li sehooner "Allele" was .seized fir violation of seelidii l',),'Mi,
UovisiHl Siatutes, rnitod States.
In 1S.'^4 Captain Mel.eaii, master of the sehooner " Mary KUeli," was in lleliriiij;'s Sea from tlio
8tli .^ly t.> 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
t<i biviik lip liinliiililili^! liiiHiiii'HH iiriiiivd Ihr t.iluinln." Hn I'lirlliiT iii;m'i| IIic ( Iovitiiiili'IiI In koiij) ft
iMitlcr d'l'i"' ""' i"l"ii(l.i I'lniii IIm' IhI .IiiIv I>i (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'|iiiiiI<h llml
" I'rnrn'iHiilC 'ijl n i^lixio •ilii'iliFiiiT In Iliu liiwn iif Nitiirn, iiiiil rl(lill]r llmlllnit Ilin niiiiilirr In hi' niiiiiinlly nlmiKlili'ml, ilir Ijiivmi'
nint lucmilril In liicrmiiiiiK tlio liilnl niiiiiliur nr imnla iiiiil ulilliiK <Hirri'ii|ioiiilliiKl)i miil larxi'l; tn lli» vnl f Ilii' llnhrrlM."
Ami ill llll* Miuno iliiH|iiilrli lii< npi'iikn iil' l.lii' prnllUililn piirniiil, ni' llii.'i ImimIiii'nm ijnvvii (,ii IIk; your
ISSCi.
'I'll sliiiw llml lit Mill pri'Mi'iil. limn Uii' viiliiii III' lllll iiilriiiilM in i^ri'iiLrr iiml llii'ii' luiiililioii Ih lirtUjr
tliilll I'Vrr. it IH iillly lii'i'i'HHiirv 1" iiliiirrvi' lliiit. wliiln llii' lulu Iiimsi'I'h piiiil I.11 tlii' ' inviTliiiii'lit nf llio
(Jiiid'd Sliili'M nil iiiiiiiinl ri'iiliil nl' .00,01)11 ilnlliiift in inlilllinii In :j ilul. Kl, c, jii'i' Hhiii Inrllii' Inliil niiiiiln'r
liilii'li. llll' nlli'ix. wlii'li Irlin IhIiuiiIh wi'Ii' put, up Inr riiiii|H'til ion in IH'.IO, wi'f rliiirinuilHly iixiiiiiili'ij,
;i,H will llll Mi'i'ii nil ri'I'i'iriirii lull Hrhi'iliilii 1)1' lllll pinpiiMiilH Hiiliiiiilli'il l,ii llii I 'iiili'il SIiiIi'h' 'I'li'iiMiiry
|lt'|iiiilMii'iil ill ri'HpiiiiHi- tn till' iiilvi'iiiHi'iiii'iitH nf lllll 'I'li'ii.miiy iiiviliiii^ nll'iTii Inr tliii piivili'i.MiM, iliiti'il
(III. 'jllli I I'liiliiT, IHH'.I, iiii<l till' ;!ii||i Ki'liiiiiiry, IHDO.
rpiili I'l'li'li'lici' In till' I'viili'lii'r lii'l'iiii' tlii' < 'ii|i^;ii'H!iiniiiil ( 'niiilni'lrc (II. It. Nn. :iHH.'i, nOtli < 'nii;;ii.'Hii,
jnil Sr.Hsiiiii), it will lid hiii'Ii llint " llm (Invi'lliini'iit iinw, irilhuiii mil/ riiir or i-ijil,\ i-fin IH7,I''I0 ilnlliiiH
ii-yi'iir Inr till' liuiHii." Anil iit p. !('.• nt till' Hiiniii lii'pnii, it in Htiitcil lliiit till! iinniiiil jiiinnii'. I'lmii nkinH
ui'tlii' (liivi'iiiiiiniit WHS .ilL'.T^It'i ilnlliirK, iiiiil llml In .Mi\tci'ii yijiiiH tliii liiiiloil .'^tiilcH' (Inviiiiipiiiit
ri'iiiivi'il rrmn Ilin .MiiMkiin I'lir-Ni'iil imlimlry H.liOI'.TVli iIiiIIium.
Il i-i I'tirllii!!' Hliiti'il tlmt llll' ( iiivi'i'iinii'iil liinl tlini iilri'inly Ih'I'Ii mpiiiil llm I'lipihil siim p;iiil Ini tlm
wliiilr Ti'iiitnry III' .Miinkii, iinil iiinin, with " Iiit iiiiiny vniiril, lunl, iw I lii'lnvn, nn niiipiinililv ;.;iiiit
niiliiiiml niHiiiiicii.'i, tn riipii'Hiiiit lliii invcHtiiimit nl' capiliil lirnl nmilii."
" Fifth.— 7'A» lltcnpli anil liipiiun iif tht Oovrrniitriil an acmunl u/imt fimhacl.
"Till' lotiil •dliiiint pitlil liy llll' Idimi'ii nn itii'niinl nf milil miiilrnil up In llir .llllli .liini-, IBHH, ini Iwivo, wni ri.VJT.I'lll ilnllur".
riii'liiliil nm.ilMil I'lpi'liilml hjr llll? (Invrriiiiii'iil ililrlliK lliii niiini' pinml »«• nl I 2MI,llllll ilnllnr« (or Kiiiiirii'n niiil llnvillinK rip.'ii«i..i
of At'iilii iif 111" 'rrmiillrv lli'pnrliiii'ut. al llin .Spnl IkIiiiiiIk, atnl nliniil l.'ill.OIIII iliiltirn fnr llii' ri'vi ini'-iiilli'iii iruixiiiij Alu<liiiri
iitern.
" Til Oil' AinnunI alri'nilf ri'i'i'lvfil ilirrnt frnin thp ('nmpiiny ulimilil hi' nilili-il III" miin rrrrivrd )iy Oi" Utiili'il Sliif ri frnrri < iinlnin^
ilulirmili Alnalliin-llrriiM'il arnliilliliK Inipiirli'il frnm lliirnlir. aiiiniinliliK In .1,4'.tfi,llllll (InlliiM, In wliiili >liniil'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 <tl
lAtaittlini; lii')itM)l tli>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<i rri'.nl llnil, itll)nni|^li I..||r liiinliliK, llt«> 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 ('<nti<lll«ivt>i]r tlinl m'lil liTi' ih mil. Iii.intr ili.|)l4.|t<il, Init m fi,
tin' i-iilininlt'" KiTini in my Ki>|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.'<iii;; llm I'riliylnv },'riiii|i, iiinllii' ilnj nn
lliink llinl tlii.s iliiniiiishi'il llin nuinlii'is. j.ii'iili'iinnl Mnyiinni'.'i l\i'|inrl ( lllli ('niii,'ri'M.'4, J.><| .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.<ioii.
I), '.'n ; see
alsn KUintl, II. I!., 4 nil (
ingress, 1st ^^'sslnll
Year!
iiiL.' sells nrrivi
,it tl
IC inn
hUe nt" ilnlv
Kx. Dnc. Xi
CCnlll|imiil
'>■)
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 <lklfi>'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>',<i' I, I llli ( 'mi!,'ii'MH, IhI Hi'^i.ninn,
|.;v pur. Nil. I'!.)
Tlii'V lire All iiiiiiii'riiiiH, linwi'vrr, llnil tlimmiiiiil.M run Im huiiii ii|iiiii l.ln' liiiiiliii;; j,'i'miiiilK, ih nil nl'
llll'lli nil' Ili'Vrl' cillli'l' nil hIiuI'i' iir ill Ilir wiili'l- ill, llin Hliini' lillH!. ( lliiit., |i '14.)
Hv llii' fiii't tliiit till' riiWH ri'iiiiiiii witli llii'ii |iii|ih iiml Hipklf! t.lictii iiiilil nil liiivc Icl'l.
TJiry ilii mil ^;|' mi 'In' niiilic'ii'.'^ iiiilii 'i ymii'i nf ii;!i'. (II. I,'. i')x. 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<i C or 7 wi'i'kn nlil, lunl llint
tliMi llii' iilil 'ili<''f riiiiiliii'l. till' yiiilli!; Ill III" wiiliT. f('liii'k'H nrtirln on Aiitiin'l.ii'. hi'iiI.h. |i. V1\.}
Till' yiiiMi^ III" Hiickli'il liy tin' I'l'innlrH liir hoiimi liiin' niiil tlii'ii Icl'l, lo Mii'Iiimi'Ivi'm, lyiri;,' mi t.lic
jiiiiic'li. wlicrc lliry HiM'iii In c^'iiiw Int. willimit fiiiHii'l' I'lji'iliiit;. ("'I'lii' {''Lilii'iii's iiiid Kirtjiiiii; IriiliiMt.ricM
iil'llii! I'liilril .SliilcH," Hi'i'linii 5, vol, ii, |HK7, |i. -H'f.) Kiir thin rwiHoii IIhwo llml, iirij |iu|i|)i'i| in .liiiin
unMilliii Ml" wiiliT ill Aii(^iihI.
So, iiliin, (111 III" Al'iiriiii cnnHt, llio B(!iil rpiimiii'i until tli" ynim;^' cnn Inkc cnicnl' tlimiiKi'lvc-i, (Had.,
|i.41('i.i
Till' lilllk nf till' M('iil.4 nil' I'niitiiii'il tn l.llC iHliillil.K until in^ Him-nilllilfl tlimil. (II. I!. I'',X. line. Nn. j.'i,
44tli f'liii^ri'i'KM, iMt .'^ciMsimi, )i. 'i.)
Til" ."fi'iilM iH'Vi'P li'iivir trlicir filiici'H, Hclilnin mIi'<'|i, luiil iiDViT I'lit niiytliiii^ Irmn Mny l.n AiiiniMt,
wlii'ii tlii'y tiiki' In llii' uiitiT, liiit, it Im lii'lii'Vi'il. tnkc nn I'nnil niilil tlicir liiinl (|('|i,iitiii(' in .N'ovcmlnr.
II. II. Mi'llltyi'i'. II. ii. I''.V. line. Nn. .'Wi, \\n\. ('nii;_r||.f<M '^\i,\ Siw.Himi, vnl. v.;
Ml. I'',llinlt .HIIVM, " |ii'lllll|iH mIhi I'i'I'iIh " f|i. I.'IO, lii.'l lli'pnit, on AlllHkil, IH".!, M. l;. [''.X, |)nr Xn. Xil
Mill ('iiii^:iv!«)
Till' liiilli. wliijn nn tlic i'lliiiiil. iHi'Vi'iit till' iiintlicri tiikiii;/ tn llin wntiT. (" Mniiiii' .M.'iiniii.il-i," liy
('ii|itiiili Sliiiiiiinii, I'liilcil SImIi'm' lii'vi'iiiii' Mniiiic, IHTI. p. ITil!.)
I'liiiii till' MMli In till' J.-illi .Inly Hm' innki'iir.t iiin I'iiIIit tliiiii lit niiy ntlicr tiiiii' iliiriiii; tli" .mii=!mi
iH till' |iii|ii linvi' nil lii'i'M linlli, mill nil tlin IhiIIh, i:nw.'i, iunl |iil|m rniiKm villiin lluir liviilit. (II. I!.
y,\. liiir. Nil. \'i, 'I'llli < 'minii'.^H, l.st .ScK.finn, p. .'!.;
It liiiH lii'i'ii hIihwii lliiil wlmn in llin Minkciii'M nintlicin with dcHtrnycil. tlic yniiiif; wciii rniiml ilciiil,
Ac, ImiI rrnri'MHiir I'lllintt, in icl'i'i-ciidi to the I'riliylnv iKliinil!<, Mfiya:—
" Willi l!ir I'lrrptloii of tliii«i» nnittinl^ wliirli Imvn riMTivril woiiiifln in cnmbnt, n'» %\pM or (lyin|[ nflnU nrf- m^in upon tttc inUriH*.
" Oul of 'III' lirriil nilliilii'iH, llioilHoiiilii ii(Hin IlKiiiiintiilii, iif ncalit I lint liiiint ilin tfcry yi-np fr'iln "lit sif" Mliinr. ii'il on*- li^Ti- I pvrr
mil liiri'. Till) c viilintlY kI'I" "[i •lii'l'' Ii"'" "I »'»." 'Hi" l'r|i"rt ii AlnnVli, IH74. II. K. Kt. Dur. No. H,1, 44lli Cmit."'"', p. I ■'''!.)
Til t'liitlii'V pvdvc thiit till' riintriitinii nf tlii' ('iiniiilimi I Invcninii'iit i.'i nnt iit nil iintc'iHomililc, it niny
lii'iiiiil tliiit lit the Inti'lilntimml Kifllmrii'i Mxhihitimi, I/inilnn, IHH.'i, Mr. Ilrnwii (Inniln. nf the (,^iitei|
ile the niimtiuil ^1 Sliiti's' l''i;sli ( 'ninniisHinn, hiiviii;,' .'itnteil the lieellliitinn.s nC the Uniteil Stiiten' r,niie(!niint,' the I'liliylnv
^i'oii|i, tin; nllli'iiil Kepnrt iipnii the l*',xliibitinii n.\yH : —
" Kvrry iiiiiiiutl, liiitli ill hi'U nnil on Iniiil, rppriiiliircs iu kind in KrnnlBr iiiiiiitii'rn (tinu v.hu poMitdy fliint. In u\\\pr vforih. nil
animflln ti'iiil In multiply liinrp nipiilly llinii tlii'ir (nnfl ; iiiiniy nt tlii'in imiihI in rnnu'ipii'iirf? cIOiit iIIp <ir Im' ili'^trnyril, iiii') niai iiniy
ii'il iMiiinliril llmt, i^M fur nn llm npi'ii ni'i'iiii in riinrf'rii''il, III'' n>«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 f<iil to l>f! •■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<il<l mnn tiavf llm
Mmr •<ii|i<'rTi<«iiiii nixl rnntrol over lltix niiiinal fliiilttf^ the vmlf n-nn-iu whirh h(> 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 pow<Tful and <l(ri>trii('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-rywhcr<! thrrnii^lKMit tlit; nntntti kiiii^doni, rfTKiiUtini;
m\ pn-^'-rvini: Ilu* rtpnlihriiini nf life in a ntatt! of niiluri-. Did it not hold ^'md lhi'*(f st-al i»land»» and all (i'-hririif'i H*'a would havf-
tt»i'n litiTidly coviTrd, ami Imvi' Hwarimd with tht-m htriK hid'on- t'lc Russiai.s dinriiv(Tcd tliriii ; hut llicn- Trr** no inor<- wiU «' m
nKl K<>ii 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<T <tf fprnales Ut bt- horn pvcry yftr ; wn dn not
(ourli or (liHturl) th(<n<> 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<l and
then is ordered north for inspection, or for the relief of a whaling crew or something of that kind, and they arc gone pretty luucli the
whole time of the sealing season, and there seems to bo an insufficiency in the method of protection." (Evidence before Congrrs.
sional Committee, p. 106.)
Mr. Taylor, Special Agent of the Treasury in 1881, said, before the same Committee (p. 58):—
" The difficulty heretofore has been that our revenuo-cutten have been obliged to cover a territory of 800 miles long and 700 ur
HOO miles wide, north and south, and they would get around to the Seal Islands about twice during a season. They never happened to
be there when needed, and, as far as rendering any service whatever is concerned, they were practically useless so far as the Seal Islands
were concerned. That has been tho experience, I believe, of all who have been there."
This officer recommended steam-launches for Government Agents at the islands. (Evidence before
Congressional Committee, p. 109.)
Mr. Glidden, another Agent of tho Treasury from 1882 to 1885, says (Evidence, Congresaional
Committee, p. 28) when he was at the islands the Government kept no vessels there.
" llicy landed our officers on a little island 6 miles from St. Paul to watch In every Report I made I recommended
that they should keep a revenue-cutter there. One vessel cannot protect those islands and visit the Arctic Ocean besides. Tlie
cruizing-ground is far too' extensive, covering, as it does, a distance of several thousand miles, and while the cutter is abiunt in the
Arctic much damage can be done by the marauding vessels to the Seal Islands."
That Congress regarded it at the outset as the duty at least of the Adrainistation to simply gunrd
and regulate the islands, is clear from the Act first dealing with the subject.
Mr. lioutwell, the Secretary of tlie Treasury, reported in 1871' (4l.st Congrns.;, 2iui Session, Ex.
Doo. No. 109) a.s follows : —
" \ suggestion has been made to this Department, in various forms, that the Government should lease ;.-f^' ill nds for a long
period of time to a Company or firm for an annual sum of money, upon the condition that provision .■■ioold f\ made for the
subsistence and education of the natives, and that the fisheries themselves should be preserved from injury, '^bis plan is open to the
veiy grave objection that it inakns a monopoly of a branch of iudustry, important not only for tho peoplr. of the islands, but to the
Tieople of the United States, if the preparation and manufacture of the skins for use should be tra'jsferred from London to thij
* " In the stomach of one of these animali (year before hut) fourteen small harp-ieals were found." — Michail Catrolt'i Riporl,
Canatlian Fithfrin, 1872.
<n9
omnlry. ^'i'*'' " nvmniHtly m r Mitriry lo tin- iilM* of tin- iKti|iIr, im,) iir*t imtiv y.nn w.ml.l pufi iK-fore sprimu fff.irln wiiuM !»') in»il<»
for lU nviTtliriiw. Mrnt«-i\fr, llir iintut** ut' 0\r> 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 >\rriiiiii<nt
^hnutil n«^iiiiiu tlir i>ntin- 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 .•<iich nrlit.Iei an tlirtj an* in-uuftmned to tisc ; ;iril, minptm-
tAlJon to the niitivi'O for their labour, ami tir- payim-nt nf a t^uflii-iriit adilitinmil sum v.uU y<Mr to iiiablf tluoi to livo in Oir maiiiu'r
lowhiith llii'V liiivc brfii actuislomcd i '1th, ati «-i|iiitable diii:<i(Mi n\' the; value nf thr Hkins o\i'r Ihf paynieiiU inntle to llu' iiiitivrn, and
the CON I to tti'* (iovrrnini'tii of the Uititcil Statett of inaiiitiiiiiiut; Mich fnrct- :\s m m'ci'iiiiury for tlu- prottclimi nf lhi> 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<i)i'iit ol biiHiness ; but this cliMrly \a a biiHtiifi^t wliich i-nnimt !>.■ 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, <lurini( the last
jt'or, lias funn»h<d protection In the native^ a id the tishery, and lias no assurance at present that it will derivr any benefit whatever
tlierefron).
" If legialution i* long del.iyed the business u\' the yen- IHTII will hi' but a repetition of tjuil of ISGQ."
/
w
\4ul Cmnll'i Btfort,
Wliilii tlio Caimdiiiii coiitoiitioii is sii])|i(irU'il, us li;is lict'ii sui'ii, liy nuiiiy extracts IVmii tlio lifpuit.s
iifdlliiiiils lil' llic, lfiiit(-'(l Stub's' (iiivcniiiii'iit, it is iiiijiiii't'iit tliiit the dcsiic nl' tlic lessees, mill iinlireetly
lluit cif llie iiltieiuls, has heeii tn croiite i\ iiiniiiipi)ly In the I'ur-seul imhistry, since, in tills way the
lumket ('ill' tiie sliins is hirjiely eiihaiieeil ami the vahie cil'tlie ishmds f,'i'eatly incieased.
'i'liis is, no doidit, one reason Ibr llie (hvei'jj;ent oiiinions entertained as to tlie hest Ue;,'ulations for
tlie [iri'iervatioii of seal life lielween tho-ie who control the islands and ihiise who ari' eiini|ielled to hunt
llu' si'iils in the oeean.
In suiipiirt oi' the ulnivc assertion tlu^ followinn luilhorilies are in ]ioint : —
Mr. liryant, in ISI'i'.i (Senato Kx. Doe. No. :'.:.', -list ( 'imj^ress, lind Session), stat' 1 that the larfje
luaiilur taken in ISti? and in IHIlS decreased the London valiiaticn to :! and -I >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<i, an' nil the uuirket uf the world run cuuvfiiiciUly tuki>. 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<e of the '-^laiiils of
St. I'aul and of ^t. Cn'ur(;i' is bii-hly lurrative. The (jreat surcc-^s of this IV.iuehise is, however, owiui;, a^ fir as I cniiUl ii.si'ertiiiii, to
throe liriili-ipal ealisrs : 1st, the Ala.^ka ('oiniiiereial Company, owing to lli'j faet that they ba'/e th? sole eontrid of the thn'O Asiatie
isliinil.s oil wliieli fur-seals i^re found, as well as on our own isl.nids. as .St. I'jiul and St. Geora;o, virtually manage the sale of 80 per
cent, otall the fur-seals killed aiiuually in the world ; '2iuliy. the arbitrary and soinefflmt eerentrie law of tashiou has raised the priee of
fur-seiils in tlie markets of the world during llie last four years fully lOi) [irr rent, in value; .'Irdly, time and experience liave given
this roatrolling Company most valuable n'lvanta^es. For instauee, in the Island of St. I'aul, where a reputed number of from
3,000,0011 to 3,r)0O.OUU of seals emigregale, the eomparatively small ipuiiility only of formerly 7.'), 000 and now Oa,00 1 are killed.
The Cimipauy employs experts in seleeting easily the kind that are the most valualilo in the market, and have no dittieulty in getting
90,000 out of a flock of .'I.OOO.llnO to 3,.'illO.Oo6, whieh are the si'leet of the select i and it is owing to this cause, and to the care
taken in avoiding cuts in the skins, us also in properly preparing them tor the market, that the high prices are obtainetl. Indeed, the
fact is that a fur-seal selling now in London for 21. 10*. or 3/. is, owing to its superior quality and excellent eondition, cbimper than
thefur.si'als which live years ago fetched 30.v. sterling. The former nujile of the indiscriminate killing of fur-seals was as detrimental
to the value of the skins as it was to the existence of the breed. With such a valuable franchise, secured by a contract that has still
fifta'n years to run, but which could, without iioliee, be terminati'd by the Secretary of the Treasury for cause, it would indeed be a
laicidai policy on the part of the Company to infringe on the stipulations of the contract."
All this is explained in the evidence before the Conj^ressional Committee, pp. 77, 101, 11)5, and
121, where the Company is shown not to have taken the full quota in two yeara : —
'""Not because we could not get enough seals, but because the market did not demand them. There were plenty of seals."
(Evidence before Congressional Committee, p. 121.)
[128] 3 M
!> ,
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<kiti>
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<m<
ruokprif:*. lu-Ion^'^ tlieri>, 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\<iv. (leierriiiLT to (Ik; pre.seuce of a large.
seiJIiij,' licet in Behring's Sea), that it eouhl nut fail "in a few short years in su liariissing and irrilating
the hiveding .seals as to cause tiieir withdrawal from the Aliiska rookeries, and pmljahle rctiieat to thosti
of l!ii>.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. <Iames (>. 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 an<l docility in their breeding-jdaces) are extremely wary, and the iiuiiilicr
which can lie obtained by legitimate hunting at sea must always be small as compi.red with the total
Elliott, in tact, .'States that thi; seal, when at sea, "is the shyest and wariest yiair ingenuity can dclini',"
{Ofi. dl., p li").)
The position is such that at the present time the perpetuation or the extermination of tlic i'lu-soal
in the North I'acilic as a couinu'i'cial factor practically depends entirely on the regulatiniM and
restrictions which may be applied by the rnite(l (States to the Pribyh)V Island.s, and now that this is
understood a regard for the general interest of its own citizens, as well as for those of other cnuiitrics,
demands that the extermination or serious depletion of the .seals on their brec.ling-i.slands should W
prevented. It is probably mit ne<'e.s.sary for this purpo.se that the killing of seals on these islamk
should be entirely prohibited, liotli Elliott and Uryant show good reason f(U' believing tliiit ii lupv
number (d' seals may be killed annually without reducing the average aggregate number whii li ran
find suitable breeding-grounds on these islands, and after the very great reduction in numbers wiiiili
occuiTcd, owing to an inclement sea.snn about 18;Ut (Elliott), or 1842 (liryant), the .seals increaswl wrv
rapidly again, and in a few years being nearly as numerous as in 187i!, wlien the tnt^l number nn iht
, islands was estimated at over 4,7()O,()0(l.
I5y retaining an (dlicient control of the number of seals to ho killed on tlir, Piibylov Islands, and
by fixing this number anew each season in aeium.ance with eircninstaiices, the United .'^talcs'
Coveiniucnt will bc' in a pnsition to ciainteract the etl'ect of other cau.ses tending to diuiiiiisli tlu'
number nf seals, whether idiiiiatic or resulting from tlu; killing of a larger iiumbiu' at sea. Tiieiv is n;i
reason to apprehend that the number of seals which might thus be safely killed on the i.slands «(inld,
under any circumstances, be ,so small as to fail to cover the cost of the administration and jantciiiiiiio'
the islands. If such a policy as this, ba.sed on the common interests in the ])re.servatioii nf the .seals,
weie adi>plcd, 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<ed by the Govcrninent-s
respectively" shoidd be submittcil to two eminent Judges, one- to,.bev..say. tiie Chief
Justice of the United States, the other an eminent member of the English Judiciary, to
be named by the British Government.
Yours, &c.
(Signed) CH. H. TUPPER.
No. 325.
Foreign Office to Colonial Office.
Sir, 'rorciyn Office, Mmi 5, \m).
WITH reference to your letter of the 14th March last, I am directed by tin'
Marquis of Salisbury to transmit herewith a copy of a despatch from Her Majesty's
Minister at Washington,* inclosing a copy of a letter addressed to him by Mr. Tapper,
explaining the views of the Dominion Government as to the procedure to be followed in
• No. 324.
46S
the proposed assessinciit of (Inmagcs clnimed on behalf of tlio ownera of the British vessels
neiied in Hchiing's Sea.
I am to request tliat, in laying this letter before Secretary Lord Knutsford, you will;
move him t<» furnish Lord Salisbury with any observations he may have to oHer in regard
to the modifications in Mr. Hlainc's proposal suggested by the Canadian Government. >
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<r
to exterminate the species ; (1) the slaughter t)f female seals with young during
migration periods, " especially in the narrow passes of the Aleutian Islands ; (2) the
destruction of female seals by marauders surreptitiously landing on the breeding islands
under cover of the dense fogs which almost continuously prevail in that locality dining
the summer.
Mr. Taylor, another Agent of the United States' Government, asserts that the
female seiils (called '• cows") go out from tiie breeding islands every day for food. The
following is an extract !r.,in his evidence.
"The cows go 10 and ir» miles, and even further — I do not know the average of
it — and they are going and coming all the morning and evening. The sea is black with
them round about the islands. If there is a little log, and they get out half-a-mile from
shore, we cannot see a vessel 100 yards even. The vessels themselves lay aroiuiil the
islands there, where they pick up a good many seal, and there is where the killins; ol
cows occurs when they go ashore."
Whethe'- the foinalc seals go any distance from the islands in quest of food, and, if
80, to what distance, are ()uestions in dispute. But, pending their solution, the IJegtilation
which I propose against the approach of sealing-vessels within 10 miles of tiie islands for
the |)revention of surreptiti(ms landing practically meets Mr. Taylor's complaint, he it
well founded or not, to the fullest extent; for, owing to the prevalence of fog.s, (he risk
of capture within a radius of 10 miles will keep vessels off at a much greater (listancp.
'i'his Regulation, if accepted by Her iMajesty's Government, would certainljr
manifest a friendly desire on their part to co-operate with your Government and that of
Russia in the protection of their rookeries, and in the prevention of any violation of the
Laws applicable thereto.
I have the honour to inclose the draft of a Preliminary Convention which I have
prepared, providing for the appointment of a Mixed Commission, who are to report on
certain specified questions within two years.
The draft embodies the temporary Regulations above described, together with other
clauses which appear to me necessary to give proper effect to them.
Although I believe that it would be suilicient during the " migration periods " to
* See Appendix 1 in Colooial Office lettw of Nivembet SO, 1889, pp. 335-3S7.
457
prevent all scaling within a spccillcil distance from the pnssoH of the Aleutian [shnulrt,
; ..avo, out of (lelercnco to your views and to the wiHlies of the Ilussinn Minister,
adopted the fishery line described in Article V, au'l wliich was au{?f?estcd by you at the
outset of our ncfcotiatiou.
Tin" draft, of course, contemplates the conclusion of a further Convention, after full
examination of the IJeport of the Mixed ('onimission. It also makes provision for the
ultimntc nettlcment by arbitration of any dillorences which tiie l{ei)ort of the ('ommission
iiiav still fail to adjust, whereby the important element of iinality is seciu'od; and in
order to Ki^'c to the proposed arran;?cnient the widest international basii, ilio draft
provides lliat the other I'owers shall lie invited to accede to it.
The above proposals are, of course, submitted nd /v/V) wu/Mm, and it only now remains
lor me to commend them to your favourable consideration and to that of the Russian
Minister. They have been framed by me in a spirit of ju-stice and conciliation, and with the
most enrnest desire to terminate the controversy in a manner honouiable to all parties,
and worthy of the three great nations concerned.
I liave, &c.
(Si-ned) JULIAN PAUNCEFOTK.
^ii
the lireediii!:
luclosure '2 in No. J^2G.
Tiii; Nonxii Ameuican Seai, Fisiieky Convention.
Draft Convenlion bptween Great Britain, Russia, and the United States of America, in
relation In the Fur'Seitl Fisheri/ in the lichrimfs Sea, the Sea of Ocholsk, and the
iitljoining Waters,
THE Governments of I^ussia and of the United States having represented to the Preamble.
Goverinnent of Great Britain the urgency of regulating, by means of an International
A'Tcenient, the fur-seal fishery iri Behring's Sea, the Sea of Oehotsk, and the adjoining
Bftters, for the preservation of the fur-seal species in the North Pacific Ocean, and
diti'crences of opinion having arisen as to the necessity for the proposed Agreement, in
consequence whereof the three Governments have resolved to institute a full inquiry into
the subject, and pending the result of such inquiry, to adopt temporary measures for the
restriction of the killing of seals during the breeding season without prejudice to the
ultimate decision of the questions in dillerence in relation to the said fishery ;
The said three Governments have appointed as their respective Plenipotentiaries,
to frit :
|}- i
Who, after having exchanged their full powers, lyhich were found to be in good and
due form, have agreed upon the following Articles : —
ARTICLE I.
The High Contracting Parties agree to appoint a Mixed Commission oi Experts, Mixed Com-
who shall inquire fully into the subject, and report to the High Contracting Parties within miaiion of
two years from the date of this Convention the result of their investigations, together ^'''*-'^'**
with their opinions and recommendations on the following questions : —
1. Whether Regulations properly enforced upon the breeding islands (Robin Island
in the Sea of Oehotsk, and the Commander Islands and the Pribylotf Islands in the
Uelniug's Sea) and in the territorial waters surrounding those islands are sufficient for
the preservation of the fur-seal species.
2. If not, how far from the islands is it necessary that such Regulations should be
enforced in order to preserve the species ?
3. In either of the above cases, what should such Regulations provide P
4. If a close season is required on the breeding islands and territorial waters, what
months should it embrace P
5. If a close season is necessary outside of the breeding islands as well, what extent
I of vatars and what period or periods ebould it embrace P
[128] 3 iV ,
«;s^'i
On rteeipt of
Report of
Coinnii'iiion,
Jucition of
DUroi-
tionni RrKU-
Ulioni to b«
foithvith
dctorminod.
ArbitntioD.
ARTICLE II.
On receipt of the Report of the Commission, and of any separate Reports which
may bo made by individual CommisHioncni, the High Contracting Parlies will proceed
fortliwitli to determine what International Regulations, if any, are necessary for the
purpose aforesaid, and any Regulations so agreed upon shall be embodied in a further
Convention, to which the accession of the other Powers shall be invited.
ARTICLE III.
In case the High Contracting Parties should he unable to agree upon the Rcjjula.
tions to bo adopted, the qiiestiotis in difference shall be referred to the arbitrntion of an
imptirtial Government, who shall duly consider the Reports hereinbefore montioncd
and whose award sluill be final, and shall determine the conditions of the further
Convention.
ARTICLE IV.
ProTitional Pending the Report of the Commission, and for six months after the date of mich
UcculatioDi, Report, the High Contracting Parwies agroe to adopt and put in force ns a tcmiiorary
mensurc, and witliout ])rejudice to the ultimate decision of any of the questions in
ditf'erence in relation to the said fishery, the Regulations contained in the next fullowinv
Articles Nos. V to X inclusive.
ARTICLE V.
Semi fiiber*
line.
A line of demarcation, to he called the " seal fishery line," shall be drawn as
follows : —
From Point Anival at the southern extremity of the Island of Saghalien in tiie Sea
of Ooliotsk, to the point of intersection of the 50th parallel of north latitude with the
IGOih meridian of Kmgitudc east from Greenwich, thence eastward along the said
fioth parallel to its point of intersection with the 160th meridian of longitude wcstfrun
Greenwich.
ARTICLE VI.
CloM time. The subjects and citizens of the High Contracting Parties shall be prohibited from
engaging in tiic fur-seal fishery and the taking of seals by land or sea north of the seal
fishery line from the Ist May to the 30th June, and also from the 1st October to the
30th December.
ARTICLE VII.
During the intervening period, in order more eirectively to present the surreptitious
landing of muruiiders on the said breeding islands, vessels engaged in the i'ur-soal
fishery, and belonging to tlic sulyects and citizens of the Hi>>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<m between the Judges
chosen, by a reference to an umpire to be selected by the two Judges before the nrbitra- .
tion is commenced.
With regard to the question to be submitted to the arbitrators, Lord Kiiutsford
would suggest that Her Majesty's Government should deprecate the employment of so
vague and eltistic a term as "natural law." I am to point out, also, that Mr. Blaine, in
the conversation with Sir J. Paunccfote reported in the latter's despatch of the
7th February last, stated that no established principles of international law would be in
dispute, and he would probably object, therefore, to a specific reference to international
latr.
It appears to Lord Knutsford also to deserve consideration whether Mr. Tupper's
pr;)po8cd form of question does not narrow rother than extend the range of nets for
which the United States should be held responsible, as it is not impossible that, by
ingenious argument, the arbitrators might be persuaded that proceedings otherwise not
justifiable were excusable under some alleged doctrine of international law.
Lord Knutsford is disposed, therefore, to prefer the broader terms of reference
mggcsted by Mr. Blaine in the Memorandum which he communicated to Sir J. Pauncefote
on the 11th February last, namely, whether, under the circumstances existing at the
time, the United Slates' Government 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. This
would not prevent Her Majesty's Government from invoking the principles of inter-
national law against the United States' action, as indeed it is proposed to do in the reply
[1281 3 N 2
'#'
. (
l«
m
Mi'l '
H
^i!
jHi
In '
m
■ i
^H» ''
^^Hl H '
^HF
^PVI m '
m
H i
1
■ 11
H
HMi il i
fH
tflO
to Ito s'vfn to Mr. Hlaino's nolo of the '22nd January, sotting forlli tlio Rrouiuls iipoo
which he rests the Justilieation of the seizurcH.
I imi fo obHorve, further, that Mr. Tupjier docB not say in his letter wlietlior the
Dominion (iovernmeiit are willina; that the (lueHtion of the amount of llic «lamny;iN, in
the event of ^fr. Miaine anil Sir .1. I'aunccfotu failing: to ajjree, shoiihl he referred to the
orhitrators to he scluetcd to determino the (piestion of the liahility of tlie llniio,!
States.
liord Knutsford would sujjf^est, for fiOrd Salisbury'!! considerution. that Sir ,|,
Pauncefote should Ik- desired to eommunieate with Mr. Tupper as to the points rnin-J
in this letter hvforc Muhmitling llio uiulter to Ihe I'nitcd States' Uorernment.
I am, &c.
(Signed) .JOHN BRA^ISTON,
No. ai'8.
The Marquix of SuHshunj to Sir J. Pauncefote.
(Telegraphic.) Forplijn Office, Ma'i «, 1s()().
\V'll.\'r rieepliou lias Mr. Mlainc -^iveu to the proposals embodied in tlie draft
Convention for refjulatiujj the Behring's Sea fur-seal liahcrics which wa.s sent liome in
jour despali;!) of the L'Dth ultimo ?
Her >[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<M>.
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.
«<Mt^.k!* i.'*j^tt**.J «tiJ^.«i
'lAXklxIl^ -..tA.
I>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 Pre<ident Tyler in his Special Message to Congress, dated the 27th Fcbrunry,
1843, when, after acknowledging the right to detain and search a vessel on suspicion of
piracy, he goes on to say: " With this single exception, no nation has, in time of peace,
any authority to detain the ships of another upon the high sens, on any pretext
whatever, outside the territorial jurisdiction."
l>Jow, 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<rieed by international arrangement to forbid it. Fur-seals are indisputably animals
feriB mlura, and these have universally been regarded by jurists as res nuUius until
they are caught ; no person, therefore, can have property in them until he has actually
reduced them into possession by capture.
It requires something more than a mere declaration that the Government or
citizens of the United States, or even other countries interested in the seal trade, are
losers by a certain course of proceeding, to render that course an immoral one.
Her Majesty's Government would deeply regret that the pursuit of fur-seals on the
high sens by British vessels should involve even the slightest injury to tiie people of
the United States. If" the case be proved, they will be ready to consider what measures
can be properly taken for the remedy of such injury, but they would be unable on
that ground to depart from a principle on which free conmierce on the high seas
depends.
The second argument advanced by Mr. HIainc is that the "fur-seal fisheries of
Behrin!,f's Sea 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 ISO?," and that "from 18G7 to 1S8G the possession,
in which Russia had been undisturbed, was enjoyed by the United States' Government
also without interruption or intrusion from any source."
I will deal with these two periods separately.
First, as to the alleged exclusive monopoly of Russia.
instance of the Russian American Fur Company, claimed
After Russia, at the
ISUl the i)ursuits of
commerce, whaling, and fishing from Behring's Straits to the 61st degree of north
latitude, and not only prohibited all foreign vessels from lar.ding on the coasts and
islands of the above v.Hers, but also prevented them from approaching within 100 miles
thereof, Mr. Quincy Adams wrote as follows to the United States' Minister in Russia : —
"'I'he United States can admit no part of these claims; their right of navigation
and fishing is perfect, and 1ms been in constant exercise from the earliest times throughout
the whole extent of the Southern Ocean, subject only to the ordinary e-xceptions and
exclusions of the territorial jurisdictions."
That the right of fishing thus asserted included the right of killing fur-bearing
animals is shown by the case of the United States' brig "Loriot." That vessel
proceeded to the waters over which Russia claimed exclusive jurisdiction for the
purpose of hunting the sea-otter, the killing of which is now prohibited by the United
States' Statutes applicable to the fur-seal, and was forced to abandon her voyage and
leave the waters in question by an armed vessel of the Russian navy. Mr. Forsyth,
writing on the case to the American Minister at St. Pctcrsburgh on the 4th May, 1837,
said : —
"It is a violation of the rights 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 fish in those seas, and to resort to the coast for
the pmsecution of their lawful commerce upon points not already occupied."
From the speech of Mr. Sumner when introducing the question of the purchase
of Alaska to Congress, it is equally clear that the United States' Government did not
regard themselves as purchasing a monopoly. Having dealt with fur-bearing animals,
he went on to treat of fisheries, and, after alluding to the presence of dili'erenl species
of whales in the vicinity of the Aleutians, said: "5o sea is now mure clausum ; all of
these may be pursued by a ship under any flag, except directly on the coast or within
its territorial limit."
1 now come to the statement that from 18G7 to 18SG the possession was enjoyed
by the United States with no interruption and no intrusitm froiri any sou.ce. Her
Majesty's Government cannot but think that Mr. Blaine has been misinformed as to
the history of the operations in Behring's Sea during that period.
The iubtanccs recorded in Inclosure 1 in this despatcii are sufficient to prove, from
i I
^;f.^
11
464
oflicial United States' sources, that from 1807 to 1886 Britisli vckscIh were ciina^cd ^t
intervals in the fur-seal fisheries, with the cofjnizance of the United States' Govorninent.
I will here, by way of example, quote but one.
In 1872 Collector Phelps reported the flttinjv-out of expeditions in Austnilia ar.r]
Victoria for the purpose of takinj» seals in IJchrinp's Sea, while passing to aiul tVoiii
their rookeries on St. Paul and St. (leoroe Islands, and recommended Hint .i stenni.
cutter should bo sent fo the reijion of Onnimak Pass and the Islands of St. I'aiil and
St. Gcorffc.
Mr. Secretary Houlwell informed him, in reply, that, ho did not consider 'A. exucdient
to send a cutter to interfere with the operations of forei2:ners, and stated, " In iidilition,
I do not sec that the United States would have the jurisdiction or power to diivi' off
parties goinjjj up there for that purpose, unless they made such attempt within a inarino
league oi the shore."
Before leaving this part of Mr. Blaine's argument, I would allude to his romark,
that "vessels from other nations passing from time to time through Behring's Sen to tlie
Arctic Ocean in pursuit of whales have always abstained from taking part in the cniiliirc
of seals," which he holds to be proof of the recognition of rights held and exercised
first by Russia and then by the United States.
Even it' the facta arc as <^t,atod, it is not rcniarkable that vessels ijushing on for the
short season in which whales can he captured in the Arctic Ocean, and being lilted
specially for the whale fisheries, neglected to carry boats and hrmlers for fur-seals, or to
engage in an entirely diflerent pursuit.
The whalers, moreover, pass through Behring's Sea to the fishing-grounds in tlie
Arctic Ocean in April an<l May as soon as the ice lircaks up, while the great bulk of the
seals do not reach the Pribyloif Islands till .Tunc, leaving again by the time the closini;.
up of the ice compels the whalers to return.
The statement that it is " a fact now held beyond denial or doubt that the takin;
of seals in the open sea rapidly leads to their extinction " would admit of reply, mid
abundant evidence could be adduced on the other side. But as it is proposed tlint tliis
part of the <iuestion should be examined by a Committee to be appointed by the two
Governments, it is not iicccssary that 1 should deal with it here.
Her Majesty's Government do not deny that if all scaling were stopped in Ik-lirin^'s
Sea except on the islands in possession of tlie lessees of the United States, the seal
may increase and multiply at an even more extraordinary rate than at present, and the
seal fishery on the island? may become a monopoly of increasing value ; but they cannot
admit that this is a sufficient ground to justify the United States in forcibly depriving
other nations of any share in this industry in waters which, by the recognized law
of nations, are now free to all the world.
It is from no disrespect that T refrain from replying specifically to the subsidiarj
questions and arguments put forward by Mr. Blaine. Till the views of the two Govern-
mcnts as to the obligations attaching, on grounds either of morality or necessity, to
the United States' Government in this matter, have been brought into closer harmony,
such a course would appear needlessly to extend a controversy which Her Majesty's
Government are anxious to keep within reasonable limits.
The negotiations now being carried on at Washington prove the readiness of Her
Majesty's Government to consider whether any special international agreement is
necessary for the protection of the fur-sealing industry. In its absence Ihcj are unable
to admit that the case put forward on behalf of the United States affords any suffieiont
justification for the forcible action already taken by them against peaceable subjects of
Her Majesty engaged in lawful operations on the high seas.
" The President," says Mr. Blaine, " is persuaded that all friendly nations will
concede to tiie United States the same rights and privileges on the 'ands and in the
waters of Alaska which the same friendly nations always conceded to the Empire of
Kussia."
Her Majesty's Government have no difficulty in making such n concession. In strict
accord with the views which, previous to the present controversy, were consistently
ntid successfully maintained by the United States, they have, whenever occasion arose,
opposed ail claims to fcxclusive privileges in the non-territorial waters of Behring's Sea.
The rights they have demanded have been those of free navigotion and fishini^ in
waters which, previous to their own acquisition of Alaska, the United States declared to
be free and open to all foreign vessels.
That is the extent of their present contention, and they trust that, on consideration
of the arguments now presented to them, the United tltatcs will recognize its justice
and moderation. '. ' ^ * ' „'-''• '-■ 'iiihij, ,■ .
*^i ♦:
465 .
I have to request that you will read this despatch to Mr. Blaine, anil leave a copy of
it with him Hhould he desire it.
I ;i.ra, &C.
(8ii,'ned) SALISBURY.
Inclosure in No. 83B.
Memorandum.
IN 1R70, ('ollcctor Phelps reported, "The, barque 'Cyaue' has arrived at this port
(San i'miifisco) from Alaska, having on board forty-seven seal-skins." (See Ex. Doc.
Nn. 8!?, lull Cony:ress, 1st Session.)
In IH72, he reported expeditions littiui? out iu Australia and Victoria lor the
imrposc ol' lakinijf seals iu Bchrin!?'s Sea, and was informed that it was not expedient to
mterrercM'ith tlusm.
Ill 1S74, Acting; Seeretaiy Sawyer, writinij to Mr. Elliott, Special Aijent, said: —
" It having been oflieially ."("ported U> 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 Mr. Blaine, who did not deny these statements.
I remonstrated against the publication of such news before he had returned any
rei'ly to the proposals of Her .Majesty's (iovernnu'nt, and against the issue of such
instructions while negotiations aie iieiiding.
In reply, he said that the press could nut be controlled ; that his answer wap
ileliijcd in order to return a joint reply with Kussia ; that our draft Convention was
quite inadequate to the necessities of the case. He inveighed against the words of
Vrticle V[, which purports to prescribe regulations on land, and urged that, -^s there
would be no seals without the seal islands, the possession of those islands gave the
United States special rights on the open sea, in order to enable them to jirotect the
species. The United Slates' Government would never admit that, as regards the seal
tislicry, the nghts of Great Britain in Behring's Sea vere equal to their own. Nothing
«hort of the total exclusion of scaling-vessels during the suimner months, in which we
jiroposed to leave the lisheries open, would satisfy them.
I strongly insisted that the solo ground of discussion was the preservation of the
I.128J 3
iffc.
4fi6
maIs, rcmimling him of Iun oMuranco ni our liiHt iiilorviow that, (he ilriin oflonwl n \,n,^„
oriio^rotintion,
llt> 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<ps as may ho nocosHary to provcnl llio
tncrohnnl-vossols of nthor nations from pnrsninn' llioir calliii:; as fnr-soalors in noti-
territorial wntors.
Tho oommunioations mado to yon liy .Mr. Socrolary lUaim'. as rocordcd in your
toleuram of tho find instant, stivo a non«'rnl oonlirnialiim of tho stalomonls of Ibc
prrss.
I hdvo to insiruot yon to inform llio Sccrclary of Stalo llial a fo-mal |iriiii".t
a}i;ninsl any snoh intortoroiu't- with Hrilidi vossols is now lioini;' proparod. and liial iki
timo will ho lost in forwardina; it to Inm.
No. :no.
Sir ,1. i'auntrfoir to tlir MoKjiiis of Solislmrii. (lirrrirvd Miii/ '2'.\.)
(T leirniphio.'i Wiishimitoii, Mini 'l'\, |s!)0,
WITH rot'ori'Moo to yonr Lordsliip's tolof;rani ol to-day's diito. 1 havo juhhossoil a
note to Mr. Blaino, as instructed hy your '.ordship.
No. «11.
The Miiriiiiis of Sullshurii to iSir ./. I'uimctfolr,
Sir, l''orri,j„ Of/in; May -li, IS1)0.
YOU will roooivo hy this mail my dospuloh of tho 22nd inslaiil, roplyiiL'
to tho armunouts urij;od hy Mr. HIaiuo in liis nolo of tho 22iid .January last in
defence of tho soi/,un> 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<T
llic ('(iliiiH't, \oi(r ti'li'Ljniins <
llic
iri'Viniis ii!iv, rcpnriiiii'
tlK-.
instruct loMH ihsiim
I
to till' United Sillies' lleAcmic erniy,ei-s in I'diiinu's Sen Inr llic ji(i|)rn!ieliiii!.f tisliery
SC'IMIII.
,\( r(liii(jc In iiecniiiits niveii ill the press, tlic iicciir.'iey nl' wiiieli is not denied
bv Ml. Itliiiiie, flicsc iiisl riietiniis ;irc siniiliir tn llinsc iii'der wliieli (!,-inadi;in vchscIh
«r
(iXC
iTIII/i'l's
I'c seized Inst sniiimer nnlsiiic I lie tcrritnriiil u;ilcis nl'tlic l/'niled Sl;it«!.s, witli lliiit
i'|ili(iii, lliiil. iiist.ejKJ nl' eiipliiriiiy' \es.se|s rnnnd scdiny; in itclninn'K Scfl, tli«
iiie III liisiniuil ic siieli ves.sels, uiid
sei/c tlieir |nij--liiiolxS Hitd .sJcillH flH
I'Viili'iii'c m ejisc III |ii(
liciiil
in ici 'I'd mi's
Tjiis iiiniiilieiiliMn, it is nniieeessiirv to sliy. in n WJiy reiiinvcs I lie ohj(;(:t.lorm of'
ili'i' M.'ijesly's < Jnveriiineiil In siieli inlerrereiiee with Urilisli \essels on tlu^ iiifj;h
si'.'is IIS enntiiiry In inlern.'il inniil liiw iiiid llie prael ice nl' civiii/ed niilions.
Tliey deeply rcL^rcl lliis ilceisioii III' llic Ijiiiled states' (lovcriKnent, as liki-ly, if
inpliealions, and to I'mHt rate llic ed'orts
|1(T:.
IIIIU
sleil
III, ti
irndiK ■ llie inosi scrmiis en
lieiiii,' iiiadc In arri\c at an ,e.;rccniciil I'nr tlic proper prntcdinn of the seal
lislierics, and the sell lenient nl' I he (|iicsl inns eoniieel' d I hciewilh.
Her .Majesty's ( InverniiuMit have, no allcrnative, under the cinMiinstaiKtes, hut t.o
jirolcsl rni'iiially and snlciniily Ui^i'iiiist, any iiilerrerenee on the|)art. of lliiif.isd SlatoM*
aitsidc the territorial jiirisdidion of tli«!
<ioveriiment. th<^ rcsponsihility
nii/.cis with iSrilisli vessels iiaviLcat
i:iiii
I'll Slides, and to leave tii the iJiiiti-d Stat
ennscipienecs il
thill jirntcsl is disrc'''(irdeil.
I aeenrdiiiLcly inclose herewith the, driifl: of a note which yon will address to
.Mr. Itlaine il' yon should nnrorliinately liiid Unit t.licrc is no intention of" so inodifyinp
1)1' i'estri«!tiiih' the iietion of the United States' eriiizers as to render this ste|»
iimieeessaiy.
[ am, &c.
(Signnd)
SALISBURY.
IiKslosuro in No. !142.
Draft of NoIp to he ndclTesned to Mr. Jilninc
'I'lIK lJndersiu;ned, Her IJiitamiic Majesty's Knvoy Ivxtraordiniiry and Minister
I'lciiipiitentiary, i*i:e., has the honour, hy instructions of liis (iovcrninent, to make tr>
.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<di liavi! Jijipeared in the pn^ss, and the {general aiieiiraey of wlii(di lias bi.'en
cimtiniied hy Mr. IJlaine's statementH to the Uii(lersif,'ned, that the Goveniiiient ol' the
[i2Sj 3 2
ff
P
IS
4(i8
Unitod StjitcM liiivr IssiumI iiislnictioim (o tlicir lU'Vciiue cnilzci's alxiiii to In.
(liNputclied fi) lJ»'liriii|,''s Sni, under wliicli tlii! vessels of Ih'itisit subjects Mill .'i^'ain jj,,
oxposed, in the proseiuition of their hij^ilinjjite industry on tlio high seus, to nnliiwful
intoritTcnee jit the hands oi" American oilieers.
Her liritannie Majesty's (iovernnunt are anxious to co-o]ierate to the lu]|,.^;
extent of tluMr power with tiu; (Jovcrnme \t of the I'nitcd States in sneli nie(i>.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 c<implain.
The Undersii^ned is in conse(|uence instructed lormally to jjrotesi against siicb
interfercnce, and to declare that Her Britannic Majesty's (ioverinnent nuist hold ||||.
Government of the United Slates responsible for the c(inse(|uences that may ensue
from acts which are contrary to the established principles of inrernational law.
The Undur.sigucd has the honour to renew to jVlr. Blaine the assuraucej. ol lijs
highest consideration.
No. 31.3.
Sir J. Pniincpfofp to the Mnnniis of Snlinhiir;/. — (Received May 31.)
(Telegraphic.) Wns/iintjton, Maij 30, IS'iii,
I RECEIVED Inst night from the Secretary of State n long note, copy of which I
have sent by bag to-day, on the question of the negotiations for a cIom' season in the
Beliring's Sea,
The note commences by a i)rotest against the course alleged to be j)ursu(Hl by Her
Mn,jesty'8 Government in "authorizing, encoimiging, and protecting" British vessels,
who, it maintains, are interfering with the rights of the United States and those of the
whole civilized world by taking seals in that sea.
The history of the negotiations for a close .season from their connneneenient is
reviewed in the note, which then goes on to inveigh strongly against the cliangi' ot
position taken by Her Majesty's Government in tiic negotiations, which change, the
Secretary of State maintains, has been brouglit about b;- the " intcrposuion of Ciinnila."
Mr. Blaine then points out that the arrangements which were proposed in 1.SS8 relative
to a close season, and those which were proposed in the draft Convention, ninst lie
considered to i)e '• in signiticanl. contrast." Moreover, the latter arc, in the opinion of
the United States' Government, (luite inadecpiate to protect the rights of the I'nited
States in the liehring'.s Sea. They are equally insufficient for the ])reservntion ot
seal life.
The United States and Russia have consequently no other course but to reject our
pr«>posals. 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 t<i reject \\m
Urilisli proposition snlimitled tliree \M'eks atjo for a sellleineiil, of the lieliiiiii,''s Sea
quest ion.
SiHM'ctar\ W'iiidoMi, as I am inroniieil. was decidedly oppos(<d to llic acceptiniir df
tlie proposal — tirst, liccaiisc its provisions were deemed liy liiiii (>iitirely 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'<sia
of a (Mntinnoiis (daini of jurisdiction never dirc(!tly (|iiestioned nor siiceessrnllv
assailed, aii'' 'lie uiidonhled riiiut thai the irnited Slates has to e\ereise a reasonalilc
police Jurisdiction to protect i;s own jiroiHa'ty and interests in Mciirinn's Sea. ami
S(>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.\<diaiifri' of
proposals Avas the hrinij^inu: of (he parties a little nearer toijjcther by tlio climiiKitioii of
some of the points if (liiVca'cnce.
To some extent, aeecu'diu!^ to my information, this expectation has been renlizcil,
so that tluMic^otiations are really ill a better state, notwithstanding tlio reflect ion of
the eountcr-projinsals than at tb(> 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(<ssni'y !•• tlif
|iics('iv;ili<Hi III' Ilic simIs .-iikI till' iiisl iiilcn nf III' llic IJiiili'il Sljilfs, mill Iwid oIlVriMl iih
jMirt III i'*" |>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|i<isMl. 'I'lie CoiiiiiiMiiders ol' llic cniizin^; vessels will lie eiii|)liatically enjdiiicd to
ivfriiiii. so I'ar as |i(is-.ilile witliin tlic lines of Uieii- inslriiclions, from any conducl,
tiiwiiiil tlic liiilisli si'.ilcis wlidiii tlicy iiicci witli IIimI can lie niade Hie occ.-i.sion ol' ju»)
(.i)iii|iliiiiil or nscntiiicnl.
These insli'nctioiis will lie eoiiiiiiiinicalcd to the hritish (iovei iiiiicnt in order tJiat
till' ('Mnadian ant liorilies may lake any action they may deem advisalikr toward the
conunoii ond ol' inaintaiiiinff |iear'e and nmity from now till tliordosc of tlio season.
Ordcru In llii' " Jli'iir" In prorml Id Hchruiifn Sen mid sflzi- all Vvanels enijaiji'd in
(Jiilfiirfiil AvlH.
WiiMiigtoii, May 21, IHWII.
Seeretaiy Wiiidom to-day siL,Mied the Sailiiii,' Orders of the liovoniu-euttcf
"Bi'pr," now at Seattle. \\'Mshiii:,';oii, directiicj; that she sail immediately to Oimnlaska
and tlii'ii hi criii/.c dilinciitiy in Hchrinir's Sea for the |iur|iosc of warniiif^ all persons
iii.'iiiii'-t ciitcriiiLr such xv.itcrs ^uy the purpose of violating; section l'.)."i(! of the IJevisnd
Statutes, and ■irri'sliicj- all iicrsonn and sci/.inu' all vc-scls found to he or to lia\e iKicii
i'lii'!ii;c(l in MhV violMtion ol 11, c laws of the 1 iiitcd States therein.
Seclioii I'.l.'ili, I'eviscd Sialntes, rct'crrcd to ahove, jii'oviih's that '• no ])erson shall
kill liny otter, mink, mart' . s.iiile, or fur seal, or other fiir-hearinj^ animal within the
limits of .\laska tcrriloi\ or in thc! waters lln-reof, and every person fjnilty tlinrrof
slinll, for each nllciiec, he lined not less than 200 dollars, nor more than l,<)fM) doUarB,
or iiiiprisoned not more th.aii six months, or lioth, and all vessels, their tackle, apparel,
fiii'iiiture, and earuo I'onnd eiiiinu'cd in violation of this section shall he forfeited, h\\\
tlic Secretary of t he Treasury shall have power to antliorizc the killina; of any such
nttcr, mink, marten, sahle, or other fnr-licarin^ animal except fur .seals, under such
Ruifiiintions ;is he may pn-scrilie, and it shall hv. the duty of the Secretary to prevent
thr kiilinu; ot any fur seal, and to provide for the execution of the provisions of this
swtidii until it is otherwise provided liy law, nor shall he ^ranl any special privilt-ge?
under this section."
The ("ommandcr of the " Hear" is also furnished Avith (copies of tin; President's
last Proclamation on this sulijcet and the Act of the 2nd March, 1SH9, regarding the
si'al and salmon lisheries of Alaska.
DisiiiuiilliiKj the Law Br/'aliCrx.
The instructions, while not dilfcring materially from those of last year, are tnucit
more spec! lie in charact(>r. 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 cxten<l<'d at once to*
American vessels, and that our proposed radius of 10 miles would expose fcnnale seals
to be slaughtered hy hundreds of tiiousands.
"The President does not conceal his disappointment that even for the sake
of securing arbitration, Ucr Majesty's Government refuses to suspend for a single
season the practice which your Ijordship described in 1888 as the wanton destruction
of a valualile industry, and which tho United States' Government has uniformlv
regarded as an unprovoked invasion of its established rights."
I have declined in my acknowledgment of the note to continue the correspondence
until I receive further instructions, especially as the views of Her Majesty's Govern-
[128] 3 P
!•
¥
4t4
im>nt 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<ul our inUuviitw aiiantxt'd tor IIiIn nioniint;.
I will (<iiili'av<)iii- to iiifi'i liJMi in the cimu'mi' oI' to-niori'ow.
•Ci
V No. UOl. ■ . .
Thr Maniuis o'' Snlishiirii In Sir J. Ptiiinrrf'oli-.
v'lVloi-'mpliic.) Fonii/ii ()J/i<r, June 1, ISllii.
I itl'XilM'yi' lo li'Min IVoiii your teli'j^raiu ol llu* Ttli iiisliiiil tliiit the I'rcsidrni
slidiild tliiiik I am uaiiliii<; in i'oii(;iliatiiin in (lii* iU'liiini;'s Sea nc^otialions, I Ihink,
liowc'vor. that he niisiinilt'iHtaiuls liu' conditions ol" our hu*'.
Thero is no power wlintcvrr wliicli wouiil onalilo llir Maji'Mty's Govornnicnt lo oxdinlc
llrilisli or Catindian vissols I'nnn any |»art. of the lii^'li seas I'or liowcvor short a piMioij dt
lime without lirst ohtainin^', in llie one ease, an .Vet of the liritisli Parlianienl. ami in
the other one, of the Canadian I'arlianienl. " ^
Wo have always been willin;j, without pledfjin;;' ourselves to lietails as to area mid
date, to ne;;otiate with tiie hope ol' eoininj;' to an arrau^^ement lor the eslahiishment nl a
elose season so far as net'essary to preserve the liir-seal species, liul its provisions woiilil
re<juiio the si.uction of the respective Lej;islatures.
I do not reei 'j;nize the expressions which are apparently attrihuted to iiic in
Mr. Blaine's note.
I do not think I used them, not at ail uvenls in the context stated in the note.
No. 352.
Sir ./. I'dUiirt'Jolv In llir Miirqitix nf f^alislmnj. — {lii'reiri'd Jiiiir f*."j
.My Lord, ll'itxliliii/inii, Maij !'!(, lf<!lo.
Wrrii reference to my despalcli of tlie '2'MA instant, I have the honour lo
inclose copy of a note which 1 have received from A!r. Blaine in lepiy to my eonumini-
cntion of the 2:kd instant, in which \ informed him that a formal protest liy Her
Majesty's Government aji'ainst any interference with British vessels in Bihrinn^ Soa
would he forwarded to him without ilelay.
J . 1 have. &e.
' (fc;ii;iied) .rUlilAN PAlJNCICKOn:.
Inclosuro in No. 352. ,
,, . Mr. Blaiiut to Sir ■/. Paunce/ote.
'" .11 (' 'tfi J,
Sir, Drpiuimriil nf Slulc, Mtii/ 2G, KSi)().
I HAVE the bonour to acknowledgo the receipt of your note of the 23rd inslmil,
in which you inform n»e tliat Her Britannic Majesty's Goveninient will fornittlly protcsl
against certain action recently taken hy thi.s Government for the protection of the Alaska
seal fisheries. .•■
I have, &c.
!•;•(')
(Signed)
J. G. BhALNK.
1''
No. aft3.
Hir J. I'liHHO'folr Id thr \liir«iniM of SntiKhimi. — (Itfrifirtftl June \),) '^^.i .<r •.
Mv l/iH'd, IViixhiiiijIon, Mail IV), \Hm.
Wrril i-olVrciicc lo my iflf^niin "f to-i'iiiy'^ <liit<-, I liiivi! tin- IniinMir to
iiii'liisi' ciiiiy 1)1' till' hole wliii'li I liuvr r«;c<>ivi>(l I'loin Mr. lilaiiii', iiil'iiriiiiiiK ino ol' tlio
rrirrliiiii i>r tli(> ilrul'l Coiivriit inii hy liJN (2i)Vi>riitiu>nt aiitl timt of IliiMsiii, and Htatiiiif
llif jjdiiiikIn I'm* that (l<H-isii)ri.
I li(iv<>, (Sc*;.
(«iKn«;il) .IIJI.IAN I'AUNCimjTK.
lncIoHun> in No. :i53.
Mr, llliiine lo Sir ./. Piiunnfoff.
Sir, Ih-iiiniiiii'nl of Sliili; Mnij i\), !>>!)().
VOI'H riotf III' tlir 2.'{r(l instant, already nckiiow Ir'dircd. ini'nrni'i tliix (iovcrnnH'nt.
Ihiil y<Hi " liavc hocn inNtriictcd liy tlic Alarqnis ot' Ha!isl)ury t<i state tliat Hit
Mi\j("*(y''; (loveninirnt wonlil I'Drward, Avitlioiit dcla,\, a |iri)tcst " against tin- rourse
wliii'li litis (iovcrnini'nl liiis I'onnd it neei'ssary, under tlic laws of ('i»n;frcss, to piirsne
in the waters of the Uelnintj's Sea.
Ill turn, I am iiistrncted Ity the ('resident to protest a<,'ainNt tlie course of the
Itrilisli (iitveriinient in anthori/.iny:, encoiira^iiii,', and |ii'oteetiiiK vessels wliieh are not
(iiily iiilerrerin;,' with Anierieaii rij^hts in the Hehrin^'H Hea, hut whieh are iloinj»
vidlciiee as widl to the iiu:Iits of the civilized world. 'Ihey are ontya^ed in a warfare
;ii,'!iinsl seal life, disre^^ardin^ all the Ucifiilations wliieli lead lo its protection, and
coinniitliny; acts which lead ultimately to its destruction, as has heen the case in every
[iiiit of the world where the ainises which arc now claimed as Itritish rif?hts have hern
pnictiscd.
The I'resi nt is surprised that such protest should he authorized Ity liord
Sjilislinry, especially liccanse the previous declarations of his Lordship would seem to
render it impossilile. On the 11th Novcmher, 1^M7, fiord Salisbury, in an olTicinl
interview with Hie Minister from the United States (Mr. Phelps), cordially agreed that
" ii (^)d(> of llcfjnlalions should he adopted for the preservatinn of the seals in Hehrini^'s
Spa I'rnin destruction at iiin»ro])er times, liy improper means, hy the citizens of either
enuntry." And fiOrd Salisbury sujw<.!;eRtcd that Mr. I'helps " slumld obtain from his
(iovernment, and submit to him (Lord Salisbury), a sketch of a system of llci^ulations
wiiicli would be ade(|uate for the purpose." Further interviews were held durin<^ the
rollowin? month of Pebrnai-y (1888) between Lord Salisbury and the American
Minister, and betwcfMi Lord Salisbury and the American Minister, accompanied by the
Russian Ambassador. In answer to Liml Salisbiu'y's request, Mr. I'hcljis submitted
tlic " Rc|,'ulations " which the (Iovernment of tho llnitod States desired; and in a
(Icspatch of the 2rtth 1'\«brnary Mr. Phelps iiommunicntcd the followinj; to Mr. Hayard,
Sirivtary of State :-
" Lord Salisbury assents to your proposition to establish, by mutual arrani!;(>ment
between the noverninents interested, a close time for t'ur-soals, between the ir»th April
and tlic 1st Noveml:er and between 1()()° of longitude; west and 170° of longitude east,
ill the Hehring's Sea. And he will cause nn Act to be introduced into Parliament to
!,'iv(' cITeL't to this aiTangement so soon as it can be prepared. In his opinion, there \%
no doubt that the .Vet will be passed.
" lie will also join tho United States' (iovernment in any preventive measures it
nifiy 1)(! thought best to adopt, by orders issued to the naval ves.scl8 of the respective
(lovernments in that region."
Early in Ai)ril (1888) the Itiissian Ambassador in London, AF. de Staal, advised
the American Charge " that the Russian Government would like to have the
Ih-ifiilations mIucIi might be agreed upon for the Hehring's Sea extended to that
portion of the latter in whieh the Commander Islands are situated, ami also to the Stta
of (Jkhotsk, in which Ilobben Island is situated." On the IBth April, at Lord
Salisbiu'y's invitation, the Russian Ambassador and Mr. White (the .Vmerican Charge),
Wr. Phelps being absent from London, met at the Frreign OlUce " for the purpose
i)f discussing M'ith Lord Salisbury the details of the proposed Conventional arrangement
for the i)rot.ection of s(>als in Rebring's Sea."
t
1,-
w
'.( i
■■bT
a
*>
k
Ml
ri28i
3 P 2
473
" With a view to raoctina; flic lliissian Government's wishes rospectinf» the waters
surroundini;' llohben Ishind, liis lionlship sugi^ested that heside tlie wliolc ol' li('liiiii;''s
Sea, tliosc jiortions of tiie Sea ol" Okhotsk and of the I'acilic (Jeean north of north
latitude 17° shouhl he included in the proposed arranujement. Ilisliovdsliip i/itiniatcd,
furtherinore, that the ])eri()d proposed by tlio United States for a closed time, from Hip
loth April to the 1st >i'ov(>Tnher, mij^'ht interfere with the trade Ioniser than ahsojutclv
necessary for rlie protection of seals, and he sui^i-'csted the 1st Octoher, instead of
a month later, as tiu- tern:ination of the jjt'riod of seal protection." I'^urtlicrrnorc,
Lord SalishiUT " |)niinised to have a draft ("onvenfion prepared for suhmission to tlic
Russian Ainhassailor and the American .Minist(>r."
On the 2;ii'd A])ril, the American Ciiarij'e was informed hy Lord Salishnry tlml "it
is now ])r<)pi)sed to j;i\(' «>ITecl to a Seal Convention hy Order in L'ouneil, not by Act ot
Parliament." It A\as understood that this course was ])rop(ised hy Lord Saiisiiiny
in order lliat the " I'eiiinlationH " needed in Hehrin^'s Sea miiiht be iironiptiv
apjdied.
You will observe, then, that from the 11 th November, 18S7, to the 2.'?nl Ajiril,
1888, L(ml Salisbury had in every form of s|)eech asscited to the necessity of a elo.se
season for tin.' protection of the seals.
The shorti-st period which he named was from the lathAjiril to the 1st OelolH'r—
fiv(! and a-half months. In addition, his Lordshi]) sui;'i;ested that the; closed sua for
the ])eri()d named should incliule the whole of the Behrini^'s Sea, and shoidd also iiielmk'
such portion of tin- Sea of Okhotsk as would be necessary to protect th(> llussiiui seal
llshery on llobben islai\d; that the closed season be extended as tar south as •17'^ north
latitude, 1*20 miles south of the northi-rn boundary of the United States on the I'acilic
Ocean. l\v promised, further, to draft a Convention upon the subject betwei'u
England, llussia, and the Unit<'d States.
These assurances wore given to tlu> .A-merican ^Minister, to the Amerieau Ciuu'iji'-,
to tlu> Hussitui Ambassador, and on more than nuc, occasion to two of tliem toi,'(!tlier.
The United States had no reason, tber(>fore, to doubt that the whole dispute toueliin!,'
the seal iisheries was practically settled. lnde(!d, to bav(> distrusted it would iuive
been to (juestion the i;;oc)d faith of liord Salisbury. In diplomatic int(;reourse between
<ireat Britain and the United States, be it said to the honour of both Governnients, a
verbal assurance lV(tm a Minister has always been ecpial to his writtcni i)le(lj;e.
Speakiui;' th(> same languaii'c, there has been no room for misunderstanding' between
the J{epri\sentativ('s of the two (Jovei'nments, as may easily hap[)en !)etween tliO'ie of
difl'erent tongues. .I'or a p.eriod of six months, tluu'ofore, ■■vithoiit retraction or
qualification, without the suggestion of a doubt or the droppinu- of a hint, the under-
standing between the two tiovernments, on the assurance of Lord Salisbury, was as
comjilefe as language could make it.
On the 2Sth April, five days after Lord Salisbury's last pointed assurance, live
days after he had jiroposed to pei'fect the scheme, not by tie (l(>lay of J'arlianii'nt, but
by the promptness of an Order in Council, the American Charge was informed that
the Act of rarliament would be necessary in addition to the Order in Council, and that
neither Act nor Order could be drafted " until Canada is he;ml from."
For several wetdcs following the 2sth April, then! were many calls by the
American Charge at the l''oreign Ollice to learn whether "Canada had been heard
from." lie called alone, and called in company with the I'ussian .\nd)assailor.
Finally, on the 2()th June, Lord Salisbury told him that an urgent teh'graia had been
•'sent to Canada a week ago with respect to the delay in its ex|)edition," and that a
reply had been "received by flie Secrc^tary of State for the Colonies, stiying that tlic
matter will be taken up innnediately." ilr. AVbife, re'ving entirely upon these
af-urances, ventured to " hope that shortly after J[r, Phelps' niturn the Hi'itish Covern-
ment will be in a condition to agree upon the terms of the proposed Convention."
!Mr. Phelps returned to London on the 22nd June, two days after Mr. White's
interview with Lord Salisbury, and immediately after the urgent telegram had been
sent to Canada.
On the 2sth .Inly, .sir. Phelps had received no assurances from Lord Salisbury,
and telcgraphi'd the l)o}iartment of State his " fear that owing to Canadian o])position
we shall get no Couveution." In a despatch to his Govtuaunent of the I2th Septend)er
he related having had interviews with Lord Salisbiuy respecting the Convention.
which he says had been " virtually agreed upon except in its ih^tails." Mr. Phelps
goes on to say: "The consideration of it lias beou susj)ended for eommunicatioa hy
tlie British Government with the Canadian Government, for which purpose an interval
During this long interval the attention
of several mouths had been alloA\ed to elapse.
477
of Lord Salisbury had been repeatedly called to the subjeot by tlu; American Legation,
and on thos(! occasions the answer received from hinx was that no reply from the
Caiiadiim authorities had arrived !"
Uv. Plielps jjroceeds in the despatch of the 12th September to say : " I aijain
prcssod bord Salisbury for the completion of the Convention, as the (ixti'rniination of
seals l»y Canadian vessels was understood to bo rapidly proccM'ding. J lis Lordship, in
ivplv, did not (jucstion tlie propriety or the importance of takintf measures to jjrevcnt
thcwiMiton d(;stru(;tion of so valuable an industry, in which, as lie remarked, lOngland
liada lari^(! inti'rest of its own, but his Ijordship stated that the Canadian <Jovernment
objected to any such r(!stri(!tions, and that until its consent could be olitaincd ller
M.iicsty's (Jovernment was not wiliini? to enter into the ('oiivcntion." It was thus
liiially acknowledged that the negotiation into which Lord Salisl)ury had cordially
ciiiLi.:.! and to which he had readily agreed, even himself suggesting some of its most
valualdo Jctails, was entirely sut)or<linated to the judgment and desire of the C^madian
(lovernnient. This {Jovernnunt caiuiot but feel that liord Salisbury would have dealt
more frankly if in the beginning he had informed Minister Pl.elps tjiat no arrangement
could he made unless Canada concurred in it, aiid that all negotiation with tin? Ih'itish
(iovernment direct was but a loss of time.
Wiien you, Mr. Minister, arrived in this country a year ago, there s(!emed the
best ])n)sp(!et for a settlement of tiiis question, but the Russian .Minister and the
Anu'iican Secretary of Stale have had tlu; exptjrienee of Mr. I'hclps and tiie ilussian
Ambassiidor in London repeated. In our early intervi(!ws, there set'iued to lie as ready
a disposition on your part to come to a reas(jiial)le and friendly adjustment as there
certainly has always been on <mr jiart to offer one. You will not forget an interview
k'tween yourself, the llussian Minister, and inyseir, in which tiie lines for a (dose
season in the Uchring's Sea laid down by Ir/.A Salisbury were almost exactly repeated
by yourself, and were inscribed on Maps which were befor-'^ lis, a copy of which is in
tlie possession of the llussian Minister, and a copy also in my jiossession. A prompt
ailjustment seemed jiracticable, an adjustment which I am sure would have been
hoiiouvahl(! to all the countries interested. No obstacles were presented on the
iiucrican side of the (juestion. No insistaiUM; was made upon tne JJehi'ing's Sea as
mare rbiisum ; no objection was interjiosed to the entrance of British sliijis at ail times,
on all commercial errands, through all the waters of the Eehring's Sea. 15ut our
neijotiatious, as in !London, wcr(! suddenly broken off for many Meeks by the
interposition of Canada. AVlieii correspondence was rf'sumed on the last day of April,
you made an offer for a ^lixed Commission of Experts to (lecid(> the questions
at issue.
Your proposition is that pelagic sealing slujuld be prohibited in the Jieliring's Sea
during the months of ilay, June. October, November, and December, and that there
sbould he no prohibition during tlie months of July, August, and September. Your
proposition involved the condition that British vessels should be allow(>(l to kill seals
witliin 10 miles of the coast of the J'ribylov Islands. Lord Salisbury's j)roposition of
IS'^H was that, during the same months for which the lO-milt! i)rivileg(i is now
demanded, no JJritish vessel hunting seals should come nearer to the Tribylov Islands
tbn the 47th parallel of north latitude about OOO miles.
Tlie opcni season which you thus sidect for killing is the one v. hen the areas
around the breeding islands are most crowded with sea's, and especially crowded wit;
female seals, going I'ortli to secure* food for the hundreds of thousands of their ycnmg
of which they hav<! recently been didivered. The destruction of the females, whicli.
according to i>xpert testimony, would be i)5 ]ier cent, of all which the sealing vess(;ls
mio;lit readily capture, would inflict deadly loss upon t!ie rookeries. 'J'he destruction
ottlie female would be IoIIow(mI by the destruction of their young on the islands, and
tbe herds would be diminished tli(> next year by this wholesale slaughter of the
producing females and their ofl'spring. The 10-mile limit would give the niarauders
tlie vantag(! ground for killing the seals that are in the water by tons of thousands
searching for food. Th(> opportunity, under cover of fog and night, for stealing
silently upon the islands and slaughtering th(> seals within a mile or even less of the
keepers' residence, would largely increase the aggregate destruction. Under such
conditions, the British vessels could evenly divide with the United States within the
'i-mile limit of its own shores, and upon the islands themselves, the whole advantage
of the seal lishcries. The respect which the sealing vessels would jiay to the 10-mile
limit Mould be the same that wolves pay to a dock of .sheep so jilaced that no shepherd
can guard them. This arrangement, according to your proposal, was to cmtinuo for
three months of each year, the best mcmths in the season for depredations upon the
478
s'-'al howl. No coiu-so was loft to tlip United States or to Russia Imt to rojpct d,^
proposition.
The* propositions made bv li<n'd SalishiU'j in 1S8S, and the projiositions nindiliv
llor Majesty's Minister in Washins'ton in 185)0, are in siifniiieiuit eontriist. n,,,
cireninstunees are tlie same, the conditions are tiio same, tlie ri<!;lits oF tlic I'liit,^!
States are tlie sani(\ in both years. 'I'be ]>osifion of l*'n';liind lias eba'-^jtcd, lircaiisc
the wisbes ol" Canada have demanded the cliani,'e. 'I'iie resnit tbei\ witli wliich Hi,.
United Stales is expeefed to be eontenl is, tiiat lier riujlits witiiin the Hebrinvi's Sen nini
on tbe Islands (iu'reol' are no) absolute, bid are to be determined by oin' df ||,,,.
Majesty's provinces.
Tlie British (lovernnKMit would assuredly and rimbtfully complain if an nifiiMMnint
betMcen licr [v/rj Rejiresentative and the nepr(<sentative of the United Slates shnuM.
without notice, bo broken oiV by tbe United States, on the lijronnd that the Stiito of
California was not willinir that it should be com])leted. California has a (iov(>ninr
chosen iiidepiMidently of the Kxecntive power of the National (iovermnent. ('(iiiiiila
has a (iovernor apjiointed by the British Crown. The Jjogislature of California niincts
laws with which the I''xecntiv(> ])ower of the United States has no r'\i^hi whatever (n
int(M-lere; Canadacnacts laws with which the L'xccntive power of (treat Britain can
inlerlVre so far as absolutely to annul. Can the (Inverninent of the United SImIi'sIii.
expected to accept as final a d(>cision of tiic (lovcriunent of (ireat Britain tliii! an
;iii'rc(>nieiit with the I'liittvl States cannot be fulfilled beeans" tbe Provinc(> of Caiiiiila
objects I
This n>\iew of the circunistaiu'cs which led to lli(> present troubles on tli,,
Bclirinu:'s Sea question has been pres(Mited by direction of the President, in (inlri' to
show that the responsibility does not rest with this (Jovernment. Tlu> eliiniu'c nf
policy nunle by ilci- Majesty's Cioveriinient without notice, and ai^ains' the wish nf
tliis {Jovcrnnient, is, in the I'rosident's belief, the cause of all the diiferences tlmtlmvo
followed.
1 am further instructed by the President to say. that while your proposals ol ih,.
30th April cannot be ■accepted, the United States will contiinie the n(>u,'otiatioi' in liii|)(>
of reacbinii; an aijreeinent that may eou<luce to a j^'ood nnderstandinn, and lenvo no
cause for future dis|)nte. In the President's opinion, owini; to delays for which ijiis
Goveriiincnt is not responsible, it is too lat(> to conclude such negot iation in time tn i\])|ily
its result tbe jn'(>sent season, lie, therefore, proposes that Her Majesty's (loveninicnt
agree not to permit tbe vessels (Avliicb. in his judgment, do injury to the ])roi)('it,v nf
the United States) to enter the Bchrini;'s Sea for this season, in order that time iMi\\ he
secnrr for negotiation that shall not be disturbed by untoward events, or uiKhily
influenced by popular agitation. If this ollcr be accepted, the President believes tiiiil
before another season shall open tbe fri(>ndly relations existing between tlio twn
conntries, and t!ie mutual desire to ••ontinnc them, will lead to 'i'reaty stiinilations
which shall be iicrnianent, because just and bononnible to all ]>arties.
I hav(!, (fee.
^Signed) .TAMKS G. BJ.AI.Ni:,
No. nr.'i,
sir J. I'tnincrftile to the Miirqui.i of Salisbiirji. — [Receircd June 1 1.)
(Telegraphic.) IVashiuijtov, Jmit- 10, IMtH.
.\S reported in my telegram of the Tth instant, my interview with Mr. Hliiiiic
arranged for that day was postponed, and, not having received any further conimiini-
cation from him, I called at his house yesterday. He then informed me timt the
President was unwilling that he should jiniceed with the negotiations until lio hail
answered your Lindsbip's despatch of the '_'2iid ultimo, of which I left a copy with liiin
on the f'tli. He wished esi)ecial!y to send a reply on the charge that the United Stiitc-'
Government were now claiming a right which they IkuI disputed when asserted by Ihissia
before the cession of Alaska. Mr. Blaine promised me this reply before the end of the
week, after which be wouki be ready to resume onr interviews.
I complained of the delay, pointing out the danger of "some untoward event," iiml
again urged him to give me an assurance that while the negotiations were coiitimiinj:
there should he no interference with our vessels ; such assurance he declined to liivc,
but he .said there was little likelihood of anything of the kind Imppcning before .bily.
I think that the protest contained in your Liirdship's despatch of the -'!)lli May
should be sent in before tbe Revenue cutters are beyond the reach of instructions.
479
Subject to your LordHliip's approval, 1 projtosc to Hcnd in the protest o.' tho 14th
instant, iiit'orming Air. IJIairic tliat I havo (Itjfcrrcci doiiiy so until tlic last nionicn).
I No. .'155.
Sir ./. Panncefole to thr Mui-'juia of Salinbury. — {lii'cplvi'tf Jiinv 1 1.)
(IVlt'i{ra|iliic.) IVttKliiiKjloii, .hnir 10, IK'.K).
j\ I llie iuterviovr witii Mr. Blaiiii' nu'iilionL-d in my innnodialoiy preceding
tilcsr"'"' ri'f*;i''''nw to Ids noto ol' llii- Itli instant,* I stated tiiat yonr honlsliip rourclted
t!vit the ['resident should think you wnntin<:: in conciliation, that this was jjrobahly due
to his iiciiifi' unaware that hy British law leyi-lation was necessary before any British
vessel coiiiil he excluded from any part of the hij^h seas.
Leiiislative sanction was also re(iuirod for any measures necessary for the ,)ii?:ierva-
limi of the seal sjieciei-;. and Her .Majesty's tlovernmcnt have ahviiys heen \villiii<r to
iicotiate fur the adoptien of such measures.
As re^i-ards the expressions attrihuted to your Lordshii) by Mr. lilaine in liis note,
I infonned him that you did not reoi),iiniz(> llieni, and that you certaiidy did not think
voii could hive used them in the context mentioned.
No. Ijntj.
Sir J. Pininrrfolf In the Maniiiis of Snli.sliunj. — (Siilistdncr Irlri/nijilii'il, Jinin 11.)
My Tjord, HV/.s7((Hf//«», ./(oie 1 1, 1rt;)0.
1 ll.WK the honour to inclose copy of the note from Mr. lUaine referred to in my
Icli'pani of to-day, together with a copy of the reply whicii 1 have returned thereto.
I have, &c.
(Sijrned) .JULIAN I'AUNCI^FOTE.
Inclosure 1 in No. IJ.'iG.
Mr, llUiine lo Sir ./. Pauncefotc.
Sir. il'iislii.:(/l()ii, .Iuik: 11, 18!)().
I IIAVH shown to the President the extract frotn the tele};iam of Lord Salisbury
of tiie 9th .hine, in which liis Lordship states that "it is beyoiul the power of Her
Miijosty's Oovernment to exclude Hritisli or Canadian .ships from any portion of tlie hiji^h
seas, even for an hour, without lejjislative sanction."
Not stojjpin^ to comnivnt upon the fact that his Lordship assumes the waters
Miiioiuidiiii;' the I'libylolf Islaiuls to be "the \u><;]\ sea«," the President instructs me to
Miy lliat it would .satisfy this (lovennneut if Lord Salisbury would, by ])ublic I'rodama.
lion, simply re(piest that vessels sailin}>' under the liritisii llan' should abstain from
t'liloiiug' the Behriuir's Sea for tho present season. If tins reijiiest shall be complied
with, there will bo full time for impartial negotiations, and, as the President hopes, for a
fniiully conclusion of the differences between the two Governments.
I have, &c.
(Signed) JAMES tl. BLAINK.
Inclosure 2 "n No. 356.
Sir .1. raiiiin't'olr lo ^^r. liluiiir.
Sir
Wasliinijton, Jiinr II, ISijO.
I IIAVIO llio honour to acknowledge your note of this day with reference to the
liiissnge in a telegram Irom the .Marcpiis oi' Salisbury which I eommnnicated to }t)'i at
our inteivi(>w of the !)th instant, to the ellect that "it is beyond the power of Her
Muicsl)'s tJoverninent to exc'nde British or ('auadian ships from any ijortion of the
lii^'li seas, even for an horn-, without legislative sanction."
■ffl
i:'
'I
y
if:
It!
w
!^ei' Iiii'liisiirr 1 In No. 303.
480
Von inform me tlint willtout coitimontinfj; on tlio fact llmt his Tionlsliip fiHsiimcHtln
waters siirrounilin;; tliu I'rihyloir Islimdn to l»o tlic liiffli seas, tin- President inslriicls von
to s'ly tliat it would Hatisfy your (Jovernnienl if liord Salisbury would, \iy ],||"i,|ji>
Pro( lamution, simply request tlin( vessels sailin;^ under the Krilisli flnj^ .should nlisini,,
from enlerin;; (he lielnin;;'s Sea for the present season. You add, if this re(|iiest hIihIH,,.
complied with, (hero will he full time for imjiartial nefijotiations, and, as tiie iVsiti,.,,)
hopes, for a friendly eonclnsion of the diderenees between the two (JovernmentH.
I have teU\u[rapl)cd (he ahove eommunieation to liOrd Halishnry, and \ iiuiiji i,,,
FiordHhip's iiiHtruetions thereon. In the meanwhile, I take this opportimity of iiiformini'
you (hat I reported to his liordship by telej^raph that at Iho same interview I hl-hjii
pressed you for an assurance that Hrilish sealinf;-vcs,sels w(>uld not be interfered will, j,,
the nehrinf;'.< Sea by United States' {{evenuc erui/.ers while the nef^otiations <'(iiitiiiii(.,|,
but you replied that you could not fi;ive sucli assurance.
I tru>t this is not n fmal decision, and that, in the eomso ol' the next few (Jhv^
while there is yet time to eominunieate with tlm Coininanders, instructions will Im' i,'.|||
to them to abstain from such interference.
It is in this hope that 1 have delayed deliverinj,' the formal protest of Her Mnjcslvv
(lovernuK'nt ainiounced in my note of the L'Mrd May.
I have, tkc.
(Signed) .MJLIAN PAUNCKKOTi;,
No. 357-
Thr Mnrquis of IStilislmry to >S/r ./. Pmmcrfolc
('releu'raphie.) Forelijn Office, June 11, IS!)I).
l\ reply to your telefiiam of yesterday, yo\i may present tho I'rotest.
No. .S.oH.
iS^iV ./. Painirrfoir to the Morijins of Snlhlmry, — {Received June 12.)
(Tele.niaphic.') fVashimjton, June 11, IS9rt,
HI'il'MORHlXG to my jircvious telegram of to-day, I presume that llcr Majesty's
Government have no objection to refer to arbitration the question of the legal rigiit of
the United States' (lovernment to exclude Jlritish sealing-vessels from Hchring's Son.
If this I)e so. I should be glad to know whether (hey would consent that the proposed
Proclamation should be issued on tho express conditions that the United States' Govern-
ment ^liall not interfere with our flag this season, and, if the award be against them,
shall at once pay damages for past interference, and compensate Hritish sealers for iossc-
sustained by them in complying with the Proclamation.
No. .'ino.
The Marqiiii' of Suliiibury to t^ir J. Pmmcefote.
(Telogrnphie.) Fomyn OJ/ire, June 12, 1S!)(I,
IN reply fo your telegram of yesterday, T have to slide that there are serious con-
stitutional diHicKlties in titc way of your proposal.
Hut it niijilit save tiiH(> if, without prejudice to (>ither side, you cnidd nsk tin'
Ciovenmieiit of the United States whether, supposing Her Mnj(>sty's (Joverinneiit were I
to agre(> Id issue a J'rK'lamation, and as to its terms, tlit! Unit(>(l States' (loveiiimfii!
will agree to tho three e(Hulitions formulated by you, namely, to refer the leijniity of
their )»ri)e(>,Hlings (o arbitration, to abstain from any interl'erenc(^ with (he l!rili<li
ilag, and, in ease of an adverse award, to pay for damages resulting from the |
J'roclaniation.
481
No. 3(50. . .
The Mitrquis of Salisbury to Sir ./. Pauncefale,
(Tdegmpliio.) Foreign Office, June 12, 1800.
IM'Uj'EHUING to my previous telegram of to-day's date, if we eould corao to
terms on tluH proposal we would HUgj,'eHt some such kind of I'rochimalion as tbe
following :—
"Whereas, the United States and ITcr Majesty's Gtwcrnmcuit have agreed to refer
to arbitral i"i' the legality of the aetion of the United States in making certain
captures of Uritish vessels in the llehring's Sea; and whereas the Uniled States iiav(!
engaged if tin; award should 1)0 adv(!rs(! to them to pay eompensation not only for
past iiiierfereiie<', hul for any loss arising from al)slention from sealing eonse(iuont
on this I'roclamation. Captains aro hereby requested not to seal in Uehring's Sea
(luring the present season."
No. 'Ml.
Sir J. Pauncrfnle to the Marquis of Salixburij. — [linceived June 1.3.)
My Lord, IVashinijIon, June '], 1890.
J JIAVI'I the honour to inform your Lordship that, since the nMjeipt of Mr. JiJaine's
note of th(! 29th ultimo, informing mo of the rejection of tlie draft Convc'tion hy his
Govoniment, 1 liavi; been in <!onstant communication with liim, with the view of
commg to some possibh; settlement of the JJehring's S('a quisstion.
On the .'U)tb ultimo Mr. Elaine informed me tiiat he was to bavo an interview with
the President, tlio result of which be promised tf) communicate to mo as soon as
po8sil)le.
1 Mceordingly received a note from him last night, a copy of which is inclosed
herewith, in whieb be states that tbe I'residcmt is of opinion that an arbitration eould
not 1m! con(!luded in time for this season, but he is anxious to know " whether Lord
Salisbury, in order to ])romote a friendly sf)lution of tbe question, Avill make for a
single season tbe llegulation Avhich in 1HH8 be olTered to make iiermanent."
Your Lordship will obs(!rvctbat the above proposal is identical with that contained
at the concilusion of Mr. Elaine's note of the 29tb ultimo.
In view of the receipt of your Lordship's telegram of the 31 st ultimo, and
iu order to save time, I at once wrote a note, a copy of v,'bieb is also inclosed, to
Mr. Blaine in n^ply, iu wlucb I informed him that Her Maj(!sty's (iovcrnmcnt were
not prepared to agree to such a llegulation as \>as suggested by Mr. Jilaine.
I have, &c.
(Signed) JULIAN PAUNCErOTE.
IS i
Inclosurc 1 in No. '•Wl.
Mr. Blaine to Sir J, Pauncefote.
My dear Sir Julian, Department of Stale, Washinrjion, June 2, 1890.
I HAVE bad a |)rol()nged interview with the President on the matters upon
which wc arc endeavoiu'ing to eoinc; to an agreement touching tbe fur-seal question.
The I'resident expresses tiii! opinion that an arbitration could not be concluded
ill time for this season. Arbitration is of little value unless it is conducted with
the most careful deliberation. What the President most anxiously desires to know
is whether Lord Salisbury, in order to promote a friendly solution of thc! question, will
make for a single season the li(!gulation which iu 1888 be olfercd to make permanent.
The I'resident regards that os the step which will lead most certainly and most
promptly to a friendly agreement between the two Governments.
I have, &c.
(Signed) JAMES G. ELAINE.
g;fe '
i :,
P
[128]
3 Q
482
Inclosurc 2 in No. 361.
Sir J. Puuncefote to Mr. Blaine.
f ••:
Dear Mr. Blaine, ^ IVaxliitujlon, June ',i, \H%,
IN reply to your letter of yesterday evening toucliiug the fur-seal question, 1 l)p»
to state that I am in a ))osition to aiiswer at once the inquiry " whether Lord Salisl)ury
in order to promote a friendly solution of the question, will make for a siii<,'le season
the Regulation which in 1888 he offered to make permanent."
Tlie words which I quote from your letter have reference, no doubt, to the
proposal of the UiiitcMl States that British sealing-vessels should be entirely exdndcd
from the Behring's Sea during the seal fishery season. I shall not attempt to discuss
here whetl\er what took place in the course of the abortive negotiations of isgk
amounted to an offer on tho part of Lord Salisbury "to make such a rei^ulation
permanent."
It will suffice for the present ])urpose to state that the further examination of the
question Avhich has taken place has satisfied his Lordship that such an exliemi
measure as that proposed in 1888 goes far beyond the requirements of the case. Iler
Majesty's Government are quite willing to adopt all measures which shall he
satisfactorily pi'oved to be necessary for tho preservation of the fur seal species, and tn
enforce such measures on British subjects by proper legislation.
But they are not prepared to agree to such a regulation as is suggested in your
letter, for the present fishery season, as, apart from other considerations, there would
be no legal power to enforce its observance on British subjects and British vessels.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 362.
Colonial Office to Foreign Office. — {Received June 14.)
Sir, Downing Street, June 13, 1890.
I AM directed by Lord Knutsford to transmit to you, for the information of t\w
Marquis of Salisbury, a copy of a despatch from the Governor-General of Canada,
forwarding a claim from the owners of the " Pathfinder " for the detention of that
vessel at Neagh Bay in March last.
. . I am, &c.
• (Signed) EDWARD WINGKIELD.
Inclosure 1 in No. 362.
Lord Stanley of Preston to Lord Knutsford,
My Lord, Governmmt House, Ottawa, May 20, 1890.
I HAVE the honour to forward herewith, for transmission to the United States'
authorities, a copy of an approved Minute of tlie Privy Council of Canada, to whicli k
attached a formal declaration of the managing owner of the British schooner •' Path-
finder," setting forth the particulars of the seizure of that vessel in Neagh Bay, in the
State of Washington, by the United States' Revenue cutter " Corwin," and preferring a
claim for damages to the amount of 3,000 dollars against the United States' Government
in consequence of the said seizure.
Your Lordship has already been informed in the Deputy Governor's despatch
of the 23rd October last of the circumstances of the former seizure of this vessel
in Behring's Sea on the 27th August laat by the same United States' cruizer.
I h ,ve, &c.
. . , (Signed) STANLEY OF PRES'L'ON.
483
Inclosure 2 in No. 362.
neporl of II Committee of the Honourable the Privy Council, approved hi/ his Etrellennj
Governor-General in Council on the \2lh Mav, 1890.
the
OX a Report dated the 23ra April, 1890, from the Minister of Marine and Fislieries,
submittinc,', in connection with previous Reports on the subject of seizures of British
fishin"-vcsseis in the Behring's Sea, and more particularly with reference to the Minute of
Council approved by your Excellency on the 14th September, 1889, detailing the circum-
stances ot the seizure of the scliooner " Pathfinder," a formal declaration of the managing
owner of the " Pathfinder," in which arc set Forth particulars of the subsequent seizure of
the vessel in Neajih Bay, in tiie State of Washington, United States of America, on the
evening of the "iTtb March, 1890, by the United States' Revenue cutter "Thomas D.
Cornin ; " the Commander having recognized the " Pathfinder " as a vessel which had
been seized in Behring's Sea during the previous year.
Tlie "Pathfinder" sought Neagh Bay through stress of weather, and was undergoing
repairs nt tlie time of the second seizure. Tlie vessel was towed to Port Townsend and
placed in charge of officers from the Revenue cutter, until released on the iifternoon of
the 29th .March.
The ^linister further submits a claim advanced by Mr. William Munsie, of Victoria,
British Columbia, merchant, as managing owner of the vessel in questi'^n, amounting to
li.OOO dollars for loss resulting and expenses by reason of the seizure.
The Committee on the recommendation of the ^Minister of Marine and Fisheries,
ailvise that your E.\cellency be moved to forward a copy of this Minute, together witii the
paper herewith, to the Right Honourable tlie Secretary of State for the Colonies, for
transmission to the Government of the United States.
.Ml which is respectfully submitted for your E.xeellency's approval.
(Signed) J0HI!5 J. McGEE,
Clerk, Privy Council.
inclosure 8 in No. 302.
Declaration of Mr. W. Munsie.
Dominion of Canada, Province of British Columbia,
City of Victoria.
1, WILLIAM MUNSIE, of the city of Victoria, in the Province of British Columbia,
racrchnnt, solemnly and sincerely declare as follows : —
1. 1 am the managing owner of the hereinafter mentioned schooner "Pathfinder,"
ilulv registered at the ])ort of Victoria aforesaid.
2. The said schooner is employed exclusively in the sealing business, and left the
poit of Victoria on or about the 17th January last on a sealing voyage along the Pacific
coast, soutli of Vancouver Island.
3. On (U- about the Stli February last the "Pathfinder" returned to Victoria for
repairs, and sailed again for the same purpose on or about the 12th February last.
i. On or about the 23rd diiy of March last, when off Cape Flattery, the " Pathfinder "
encountered a storm and became disabled by the breaking of the tiller-band, nnd was
forced to find shelter in the nearest harbour, Neagh Bay, in the State of Wasiiington,
United States of America, lying about 9 miles from Cape Flattery. The "Pathfinder"
anchored in Neagh Bay on the 2Uth March last. On the evening of the 27th March, while
still lying in said bay, undergoing repairs, an officer from the United States' Revenue
cutter "Thomas D. Corwin," boarded the "Pathfinder" and asked for the ship's papers.
These were handed to him, inspected by him, and in reply to a question by the captain of
the " Pathfinder" as to whether they were all right, he replied that he woulJ report to the
Captain of the cutter. Next morning the Captain of the cutter sent an officer on board
the " Pathfinder " with a request that her captain would go on board the cutter and take
his papers with him. The captain did so, and after looking over the papers the Captain
of the cutter said he recognized the " Pathfinder'' as a vessel which had been seized last
year, and that he must detain her, as the law must bo maintained. He then ordered the
captain of the " Pathfinder " to heave his anchor, and said he would take the " Path-
finder " to the nearest telegraph station, which was Port Angeles. The captain of the
" Pathfinder " protested against being removed, and declined to hoist anchor. The
[128] 3 *Q 2
481
Captain of the cutter replied that if he did not hoist anchor men would be sent from the
cutt"' to do 80. Upon tiiia the captain of tlic " Pathfinder" went back to IiIh vessel and
ordered his men to heave the anchor up.
The " Pathfinder " was then taken in tow by the cutter, and taken to Port 'I'ownsend
At that place two officers from the cutter were placed on board the " Patlifinder," and
remained in charge until the " Pathfinder " was released. The captain of the " Path.
finder " entered a protest from the office of tlic Collector of Customs, Port Townsend
and also filed a protest with the Captain of the cutter. After doing so he was persuaded
to withdraw both protests until reply had been received from Washington as to what
disposition would be made of the " Pathfinder."
5. The "Patlifinder" was released on tiie afternoon of the 29th March last, and
arrived at Victoria aforesaid on the mjjrning of the Slst March last.
0. By reason of the said seizure or detention of the " Pathfinder," her owners have
lost at least a week of f lie best period of the spring r.easons for sealing. In consequence
also, of the seizure and detention, a number of the crew of tlie "Pathfinder" have
deserted, causing inconvenience and loss in filling their places.
7. In respect of the said seizure and detention, and of the losses thereby resulting
and for the expenses incurred by reason of such seizure or detention, 1, as mana^inc
owner of the " Pathfinder," claim of and from the Government of the United States m
damages the sum <^,000 dollars.
And I, William Alunsie, make this solemn declaration, conscientiously believing the
same to be true, and by virtue of the Acts respecting extra-judicial oaths.
(L.S.) (SignJd) WM. MUNSIE.
Declared at the city of Victoria, British Columbia, this 3rd day of April, a.d. 1890,
Before me,
(Signed) Autuuk L. Bei-vka,
A Notai]/ Public hij Koi/al Authority in and for the
Province of British Columbia.
So. 363.
Sir J. Pauncefote to the Marfjnin of Salisbury. — (Received June 1(5.)
My Lord, Washington, June G, 1890.
WITH reforcnce to my despatch of the 3rd instant, I have the honour to
inclose copy of a further note which I liavi^ received from Mr. Blaine on the subject of
the proposed exclusion of British sealers from Behring's Sea during the present season,
together with the reply which I have sent thereto.
I have, &c.
(Signed) J. PAUNCEFOTE.
Inclosure 1 in No. 303.
Mr. Blaine to Sir J. Pauncefote.
Sir, Department of State, Washimjton, .Tune 4, 1890.
I HAVE your favour of the 2nd instant.
The President sincerely rf-yrcts that his considerate and most friendly proposal for
adjustment of all troubles connected with the Behring's Sea should be so promptly
rejected.
The paragraph in your note in which you refer to Loi'd Salisbury's position needs
explanation. I quote it in full : —
" It will suftice for the present purpose to state that the rurther examination of
the question which has taken place has satisfied his Lord.sliip that such an extreme
measure as that proposed in 1888 goes far beyond the requirements of the case."
I do not know what may have been the "examination of the question" that "has
satisfied Lord Salisbury that such an extreme measure as that proposed in 1888 goes
far beyond the requirements of the case." I only know that the most extreme
measure proposed came from Lord Salisbury himself, in suggesting a close season as
far south as the '17tli parallel of latitude, to last from the 16th April to the Ist Octolier
in each year.
tlio
')Otli parallol
485
At tlio close of his negotiations with Mr. Phelps, in September 1888, his Lordship,
still approving the " measures to prevent the wanton destruetion of so valuable an
industry," declared, apparently with regret, that "the Canadian (rovernnient objected
to any siuOi restrictions" (i.r-., as those which his Lordship had in part i)roposed and
wholly approved), and tliat, "until its consent would he obtiiined, ller Arajesty's
Government was not willing to enter into the Convention." It is r>vident, tiierefore,
that in 1^88 Lord Salisbury abruptly closed the negotiations because, in liis own
phrase, "the Canadian Ciovernment objeeted." He assigncnl no otIi(>r reason whatever,
III, until your note of the 2iulwas received, this (Jovernment had never been informed
that Ills Lordship (Mitertained any other objections than those expressed in September
1888.
It is proper to recall to your recollection that at divers times in i)ers()nal conversa-
tion I h''ive proposed to you, on behalf of this (lovcrnment, a close .season materially
shorter in paint of time than was voluntarily offered by T^ord Salisbury, and much less
extended in point of space. Instead of going as far south as the 47th parallel, I have
frequently indicated the willingn(;ss of this (Jovernment to talxc the dividing line
between the I'acilic Ocean and the IJcltring's Sea — tin? line which is tangent to
southernmost island of the Aleutian group — being as near as may be th(
of north latitude.
Early in April you will remember tbat you suggested to mo tlic advantage that
miglit follow if the sailing of llevenuo (fitters for JJehring's Sea could \hi jjostponcd
till the middle of Alay. Though that was a matter entirely under the control of tho
Treasury Department, Secretary Windom promptly complied Avitli your request, and
bv the President's direction a still longer postponement was ordered in the liope that
some form of equitable adjustment might be proposed by ller ilajesty's Government.
Even tho Jlevenuc cutter which annually i)asses through •JJehring's Sea carrying
supplies to the relief station at I'oint Barrow in the Arctic Ocean — 72nd degree of
north latitude — was held back, lest her appearance in IJehring's Sea might he mis-
represented as a non-observance of the understanding between us.
It is perfectly clear that if your claim for liritisli vessels to kill seals within
10 miles of the I'ribyloif Islands, directly after the mothers arc delivered of their
young, should be granted, the Uehring's Sea would swarm with vessels engaged in
sealing, not forty or fifty as now, but many hundreds, through the summcn- months.
If that privilege should be given to Canadian vessels, it must of course be; conceded
at once to Amcsrican vessels. If the rookeries are to be thrown open to Canadians,
they would certainly, as matter of common right, be thrown open to citizens of the
United States.
The seal-mothers, which reqiiire an area of from 40 to 50 miles from the islands
on all sides to secure food for tlunr young, would be slaughtered by hundnnls of
thousands, and in a brief space of time there would be no seals in the Hehring's Sea.
Similar causes have uniformly pi-oduced similar effects. Seal rookeries in all parts of
the world have been destroyed in that way. The present course of Great Britain will
produce the same effect on the only seal rookery of any value loU in the waters of the
oceans and seas of the globe. The United States have leased tho privilege of sealing
because only in that way can the rookeries be preserved, and only in thai way can this
Government derive a revenue from tho Pribyloff Islands. Great Jiritain would
perhaps gain something for a few years, but it would be at the expense of destroying
a valuable interest belonging to a friendly nation, an interest which the civilized world
desires to have preserved.
I observe that you quote Treasury Agent George II. Tingle, in your despatch of
the 30th April, as showing that, notwithstanding the depredations of marauders, the
total number of seals had increased in the Bchring's Sea. The rude mode of estimating
the total number can readily lead to mistakes, and other agents have differed from
Mr. Tingle. But, aside from the correctness or incorrectness of Mr. Tingle's conclu-
sions on that point, may I ask upon what grounds do the Canadian vessels assert a
claim, unless they assume that they have a title to tho increase of the seal herd ? If
the claim of the United States to the seals of the Pribyloflf Islands bo well founded,
we arc certainly entitled to the increase as much as a sheep-grower is entitled to the
increase of his flock.
Having introduced Mr. Tangle, who has very extensive knowledge touching the
seals in Bchring's Sea, as well as the habits of the Canadian marauders, I trust you
will not discredit his testimony. The following statement, made by Jlr. Tingle in bis
official Report to the Treasury Department at the close of the season of 1887, is
respectfully commended to your consideration : —
■ 11
W,'J
h
H;
u
ft
•V)
1
m
#
HH
U^
I
dfiO
" I am now convinced, from what I gather in qncstioning the men bolonjfiug to
captured schooners, and from rcadinsj the logs of tho vessels, that not more thiin onii
seal in ten killed and mortally wounilcd is landed on the boats and skinned; thus vou
will see th(> wanton destruction of seal life without any hcnetlt whatever. I tliink
30,000 skins taken this year is a low ostimato on this basis; 300,000 fur-se;ils were
killed to secure that uuml)er, or three times as many as the Alaska Connncrcial
Company are allowed by law to kill. You can readily sec that this p;reat slani,'liti'i'(if
seals will in a few y(>ars make it impossible for 100,000 skins to be taken on llic islniuls
by the lessees. I i>:irnestly hope more rit;orous nu'asures will be ad()j)t(>(l by llic
Government in denlim^ with these destruetiv(! law-breakers."
Hoth of ^Ir. Tinijie's statements are made in bis oflleial capacity, and in both cnsis
he had no temptation to slate anything except what he honestlv believed to lir tlic
truth.
The President does not conceal his disappointment that, even for the; smKc of
.seeiii-inii' an iMii)artial arbitration of the question at issue, ller ]\rajesty's Ooveninniit i<
not wiliiniji' to suspend for a sinLfle season the praetiee which Lord Salisbury descriln'il
in l.SSS as " the Avanton destruction of a valuable industry,'' and wliieh this (iovcni.
ment has uniformly regarded as an luiprovoked invasion of its established ri^'hls.
I have, «&;c.
(Signed) JA^VFES (i. BLAIM:.
Inelosure 2 in No. 363.
Sir J. Pauncefole to Mr. Blaine.
Sir, Washington, .June (i, lSi)().
i I1AAM3 the hon(mr to acknowledge the reeeijjt of your official note of the ttii
instant, commenting upon the reply which I returned to tlie incjuiry contained in your
letter of the 2nd instant, Avhether the Marquis of Salisbury would, in order to pmimite
a friendly solution of the fur-seal question, agree to the total exclusion of Jhitish
sealers from the Jlebring's Sea during the present fishery season. You expressed tlic
regn^t of the I'rcsidcmt that " his considerate and most friendly proposal for the
adjustment of all trouble connected with the Uehring's Sea should be so promptly
rejected."
I have this day transmitted a copy oi your note to Lord Salisbury, and, pendini,'
further instructions, \ will abstain from ])ursuing the discussion on the various points
with which it deals, ('si)ecially as the views of ller Majesty's Government on the main
([uestions involved are stated with great precision in Lord Salisbury's despatiih of tV
22nd May, which I had tho honour to read to you yesterday, and of which, in
accordance with your desire, I left a copy in your hands.
I Avould only observe that, as regards the sufficiency or insufficiency of the radius
of 10 miles aromid the rookeries " within which Her Majesty's Government propose
that sealers should be excluded," no opportunity was afforded me of discussing the
(jnestion before the proposals of Her Majesty's Government Avere summarily rejected.
I may mention iilso that I fear there has been some misa])prehension as regards a
request which you a])pear to have understood me to make respecting the date of the
sailing of United States' llevenue cutters for Behring's Sea. I have no recollection
of having madt! any suggestion with reference to those llevenue cutters, except that
their Conmianders should receive explicit instructions not to apply the Municipal Law
of the United States to British vessels in Behring's Sea outside of territorial Avatcis.
1 have, &c.
(Signed)
J. PAUNCErOTi:.
No. 364.
Colonial Office to Foreign Office. — {Received June 18.)
Sir, Downing Street, June 17, 1890.
I AM directed by Lord Kmitsford to transmit to you, for the information of the
Mar(iuis of Salisbury, a copy of the Annual Report for 1889 of the Canadian Minister of
Marine and Fisheries.
1 am to call attention to the Eeport on the fur-seal fishery. ' '
I am, &c.
(Signed) JOHN BKAMSTON.
m
Inclosuro in No. .')64.
Fat riirl from the Annual Report of the Department of Finherien, Dominion of Canada, for
the calendar year 1889.
Marine Furs,
TIH'i Keturna mIiow an iniTonsc in tlio catch this sctison of 5,587 t'nr-soulskin»,
and twenty-five sea-otters. There were \fi'22 more sealskins tiiken on the coast
by our vessels than in 1888, nnil 2,558 more by tbreij^ners, who sold tlicir cntciies in
Victoria.
The following Table shows the detailed catch of the sealing fleet for this season : —
Rktukn showing the Number of Vessels, Boats, and Men engaged in the .Marino
Fur Fishery of British Columbia, with the Products and Values, for the Season
of 1880.
'/.
u.
1
caught in
ing's Sea.
, Number o
\iimc 111' Vessel.
Name of Owner.
i»
•3
1
u
I'M «
Vnluc.
i2
y.
s
3
y.
Seals
coast
Colui
SeaU
Jiehr
Total
.Seals
iJoUars.
Patlilimler ..
Came and Munsie . .
66
6
24
942
4H
990
9,900
Vivn
„ .1 • •
92
6
22
1,481
2,182
3,663
36,630
Man- Taylor
„ ,t_ • .
12
11
25
748
, ,
748
7,480
Tlu'resii ' . .
Bnhbiugton and Co. . .
63
7
23
482
828
1,310
13,100
Aniiii' C. Moore
C. Hankett
213
7
23
802
1,318
2,120
21,200
I,ily
Morris Moss . ,
70
18
41
500
532
1,032
10,320
I'pnclopt'
„ t, *■,
70
6
21
384
1,769
2,180
21,800
l,ily
)» „ • •
68
13
26
280
74
354
9,640
Sappiiirc
K, 13. Marvin
123
25
52
1.304
1,020
2.990
20,900
Aiiroiii . .
Adolph Wasburft
41
13
38
816
, .
816
8,160
.luiinitii
Hall nnd Goepel
40
13
29
135
29
161
1,640
Arirl
K. \V. Uucknam
!)0
6
22
934
1,400
2,331
23.340
Knti.'
Chas. Spriiig
S8
10
24
624
800
1,424
14,240
Favoiite
; ,, • •
79
10
25
340
1,764
2,104
21,040
Mngisie Mack
J. D-jdd . .
70
6
25
777
1,290
2,067
20,670
W. P. Snyward
J. D. Warren
59
12
29
557
1,643
2,200
22,000
Minnie
N'iotor Jacdbsen
4C
10
21
200
500
700
7,000
Mountain Chief
„ „ . •
20
5
13
210
• •
210
2,100
Wanderer . .
H. Payton..
15
6
15
178
, ,
178
1,780
Black Diamond
M. Moss . .
SI
12
29
629
55
684
6,840
Beatrice
Wm. Grant
67
7
22
500
700
1,200
12,000
Sierra . .
a a
10
2
5
80
, ,
80
800
Winifred . .
10
2
5
22
• •
22
220
•-
1,49!)
213
659
12,985
1G,S8S
29,670
• ■
295,700
Sia-otter caught hy
seal
n;; fleet, 15, at 100 dolli
irs each
• •
1,500
Kstimntc of senlsi purcha
'-ud from Indians
a a
• •
• •
..
..
4,000
40,000
seii-ottci
pui
chased from Indians, 10
), at 10
3 dollar
i each
, ^
10,000
„ hair sen:
.s. 7
iran
00(1 . .
d total by Canadinii vess
els
• •
•
••
••
• •
2,625
t
33,570
349,825
rr. 1;
'!
1'
:«i I
l4
48dt
Pfri-SKAi.s caiiffht by Foreign VchhcIh ami disposcil of in Victoria, British Colmnlmi
XiimbiT (if
Niimljcr of
Nnnio of
Vi-i>Hel,
SciiIm niiii;lit nn
ItrltlNli
SuuIk CllUgllt
in
Totiil NiinibiT
of Si'iHu.
Total Viiim
('olumbiii foii«t.
Hi'lirin^'M .Si'ii.
Dollur,.
Wiilt.r 1,. Itiili . .
, . American
I,U!»
. ,
1,410
14.1:11)
Son Dii'^ii
. f M
l>{l
, ,
69
li'JU
T. II. l^cvii
..
•-'12
, .
243
3.42U
Vinluio ., ,,
.•
.•li-
, ,
317
.•1,170
Alii.' S. Al-iT
..
as;)
, .
•26-6
a.S.'IO
Hiirrv iUiiiun , ,
• • ,»
IH
700
718
7. 180
Lottii'
• • •»
, ,
02.7
62S
il,'J.')i)
Miillio Ailiiiiis , ,
1 . *1
^ ,
\,r,r>^
1,5S3
l.'i..>;iii
HoJdic Itlll!l'|-
• .
, ,
.')2,5
MS
■),'J.')0
Adclo . .
. . Ovriniiu
fi)ri'i<5iicis
•-• 10
1,'I67
1,707
17,(170
Tot il 1)\
2,.'..J8
4,870
7,4'J8
: i,'.'.si)
It will tiius be seen that there are more vessels in tlie trade tlian last year. This
was oil account of an anticipated settlement of the Beiiring's Sea (luestion. The vessels
had been previously purchased on the Atlantic coast for the purpose of prosecutin;;; tliis
trade in Heliring's 8en, but when they reached this coast and found the (piestion was still
unsettled, they paid more attention to hunting on the coast.
No. 366.
Adm'iraUy to Foreign Officu. — {Received June 'JO.)
Sir, Admiralty, June 19. 1890.
I A.\I eoiiiinanded by the Lords Commissioners of tlie Admiralty to transmit, for the
perusal of the Secretary of State for Foreign A (fairs, copies of two letters from Caiitain
Hulton, of Tier Majesty's ship " .Vmphion," respecting the Beiiring's Sea fishery.
I am, &c.
(Signed) EVAN MACGREGOR.
Inclosure 1 in No. 36/).
Captain Hulton to Admiralty.
(Extract.) " Amphion," at Esquimult, May 28, 1890.
WTTIT reference to your recent telegrams to hasten the repairs of Her I\[ajo,sty's
ship " Amphion," if possible, .she being very much required, and your inquiries as to the
movements of the sealing fleet to Bchring's Sea, I have the honour to supplement my
telegraphic replies as folloH-s : —
I inclose herewith a list of the sailing-schooners cleared from Victoria for this
season's fishing, and about to dear, furnished me by the Lieutenant-Governor, his
Honour Hugh Nelson, in reply to my letter of which a copy is attached.
The scaling fleet have just about finished their coast catching, moving slowly up
from the Californian coast, and are now midway between Clayaquot Sound and the
southerniuost of the Shumagan Islands.
The vessels mostly cleared in February and March, and few of them return till
the autumn unless in distress of some sort, owiug to difficulties with their crews, with
drunkenness and desertion. One or two vessels communicate with them from time to
time, bringing back the catches of skins, &c.
As they work north they replenish at a sealing store in Clayaquot Sound, and by
the end of June they have all assemided in the Shumagan Islands, and are mostly to
be found in North-East Harbour, on the southernmost but one of the islands of that
group.
A second point at which the vessels are then to be found is at Sand Point, about
.'50' to the northward of North-East Harbour, where the vessels beach to clean and
repair, re victual and water.
Sir,
I
.1
2
It
.'1
J
4
W
5
G
\'
7
M
«
s.
10
M
u
M
12
.Si
13
M
14
L
15
.\
IG
P.
17
T
18
l''i
19
\-
20
.M
21
M
22
Si
23
K.
24
W
Col
uinliiii.
'otttl Viilin'.
Dnllkr..
M.I III)
I'i'.KI
L'.rjii
;i.i7(i
2,.'):i(i
7.1811
(i.'J.'ill
l.'i,.".;io
•■>,'J.'iO
17,1171)
: i.'jHo
year. This
Tile vessels
cciitiiij,' this
inn was still
19, 1890.
smit, for the
•din Captain
icry.
JREGOR.
480
A third linrhour which thoy use, a little north of Sand Point, ig Fulmoutli Hnrbour,
h\il it is Bmnllcr, and not ho much trequcntcd.
About the '-'Olii Juno a Hmnll vessel (jirohaMy a Hmnll Htonm-tuj^) will po up to
the above rendezvous with Ictieis. &e.. nnd to receive Hkins; slic would nrrivc tncro
about tlie 27 th or 28tli June, nnd the scliooneiH would nctnin «oi<rh nnd pot nmonpst the
seals working their way to tlio imissch, ])rinei|)nlly the Unimnk mid the 7"-'nd I'ush, ns it is
cftlU'il (IT'-" west longitude). These passes the vessels all go through between the IbI
and 10th July.
'I he time the vessels arc in the Reliiing's Sea is from the 1st or lOlh July to
about the \ot\\ or 3t)lh Seiitemher, Ihcuigh, if a vessel is lucky, she has frequently left by
the latter half of August, not to return again that season.
Inclosuie 2 in No. 305.
Captain llulton lo Lii'iitrnanl-Govcrnor AV/.son.
Sir, " Ampfiiou," at Esquimalt, Mai/ 2^, 1890.
I HAVE tlic honour to recjuest that you will he good enough to in'truet tho
Colloelor of Customs to furnish me as (jiiickly as possible with adeliiiled list of ihc sealing-
vesseis owned by Hritish subjects tbnt have been cknicd for the north i^inesuiiiably for
Ik'lning's Sen) for this summer's sealing.
On the li>t, I am anxious to have shown nie the tonnage and rig of tho vessels,
niiines of the cnptnins, numbers of their ercws, nnd the names and addresses of their
owners; nnd I further reque-t that the Collector of Cnsloms may be directed to give me
every assistance in getting the fullest information possible.
I have, &c.
(Signed) E. GREY HULTON.
Inclosure 3 in No. 365.
Special Memorandum for Lieutemnt-Govcrnor Nelson.
I I
m
e
t
Sealing Vessels cleared for Behring's Sea.
28, 1890.
er Majesty's
ies as lo the
iplement my
)ria for this
)veriior, his
ig slowly lip
nd and the
return till
• crews, with
I'om time to
und, and by
re mostly to
inds of that
Point, about
) clean and
.\...
Schooner.
Muster.
Tors.
Crew.
1
.Iniinitn, .lOW .>i.^
soot . .
L. Olsen
40
4
2
HIiicU lliiimoml.
now KnMinrine
ll.Smih
HI
5
,'i
Mollio Ailiinia. n
i)\v E. B. Marvin . . ..
U. E. .MeKeill ..
118
2.'J
4
Wi.lur I.. Kich
II, V. Siewerd ..
TO
23
5
ciii HiUu
W. (). I.eary ..
8fi
23
fi
W'ntuic , .
J. McLeod ..
4S
4
7
\V. I'. Saywiird
(i v.. Kciey ..
(0
7
8
Si'ii l.ioii
V. Mi\};iie.sen ,.
50
2t
<)
Triuinpli
V.COK
98
20
10
Miiif^jie M;iek
.lohnM. Dodd ..
71
21
11
Minnie .,
V. .lacotism
46
10
12
Sjippliire
W. Cox
120
9
13
SI iiy 'I'liyKr
.1. Da'cnport . . . .
43
3
11
Lily . .
0. McD.nald .,
G!)
6
15
A morn ..
V. lliirod
41
4
10
P.nelope
A. C. I'\.l-jcr . .
41
20
17
Theresa ..
.Jolin Steele . . . .
(i:!
IZ
18
I-'nvorite
li. McLean
6t
6
19
\"\\a
W. v.. H.,ker . .
92
23
20
.M^ry Kllen
I» McLean
63
27
21
Mountain Chief
Jftnies Ncwnssiim ( Indian i
23
S
22
Sien a . .
Thos. (;lieetnmilet (Indiai.)
25
5
23
Kutc ..
(>. ' nonuM
58
S
24
Wanderer
Ily. Piixion
26
Aliont lo
clear.
[128]
The before-mentioned all of Victoria Registry.
,i^
I
3 R
4<K)
Tliem' InHt-nioiiMoiicd of HnflfiHtry iit PoHh named.
ail
:)()
Nd.
til)
HnliiiDiicr.
I. . . ■
1 MiiBtcr.
Torn..
i
1 (Vcw
it,
Aimir (;. MiMirc
..
••
• •
V. tliM'kclt, iirSMIi Ill',
Nmvii Nnitiii
117
1 'i'i
■Jfl
Ariol ..
..
• •
••
.lolni Ki'illy. iif Ht. .IdIiiik,
Nnwrmiiiilliiiiil
1)1)
! 7
■27
(V 11, TuplHT
• • • •
, ,
, ,
('. S. K,.|ly
w\
II
2H
lU'ulri V
..
• •
"
f. Kidu
■ ■■" ■
"
■')
01" Sliiuijflmc. but of Uiilisli Kcf^iHtry.
('iiniu'liti'
In iivi'iiliii' tViini lliilirii<i. I'lii'liriiliiri mil jih ^it
lllltllilMllic.
Ailolc ., .. ..
(Irrmiin, vi-Rioli'iril iil Slinnjjliiir
Tlio followitij; of l'\)ioif;i\ l{i<;riHtry.
(). W. (). Himncn
■'.0
.Villi Rniiio Ave vrwioln of Uiiitcil SIiiIi'k' MMiliii|j;.N('liiiiiiU'l''< timt iiiiiki" this llirir )iiii'l iif ilr|iiniiiir.
(Sioiu'(l) A. K. Mi\,\K, Collrrlor of CitHlnms.
Inclnsiiro I in No. lWi>.
Full her Mniwraiiihini in re Sen Inn for ('(tfdnht lliillou.
N...
Sr
lOllIll'l'.
i
I
.Iii!iiul!i. now Mil
col
. . 1 .liiliii KiiiKinaii , ,
III sliiiriw.
•i
lllni'K lliiiniiiiii!,
low
Kalliiiriiii'
. . .Iiilni 1,. I'cimv
Diilo.
i)
Mollio .Xitiitni, 11
IW 1
;. n.
Marvin
.. .Iiilin 0. Pov
Mtiniif^iiitx owner.
4
I'lilliliiulor, now
I'miiriT
. . ' William Miiii»ii'
DiMo,
A
Wiilior l„ Hi,.|i
. . 1 ('liarlt'N N, Canirnin. .
llillo.
r<
(Vi'iiii Hi'IIi-
, ,
.. iliiliii Kinsiiiiin
Dilto.
7
Vi'Mliiro. .
, ,
. . Di'iiiilil Ui'i|nliai't
Dilto,
H
\V, l». Suvwmil
• •
., '■ Anilrcw I.ainjt
'•-itto.
11
Sou l.iiiti
, ,
. . ' (li'iiim- ('i.lliiiH .,
lit hlllll'I'K.
10
'riiiiinpli
,,
g ,
.,1 Jolin (i. ('ii\ .,
Mniiauiii){ owner.
11
Miiji^jii' .Miii'k
, ,
• •
..' .lolin Doilil..
Dilto.
Vi
Miniiii' .,
, ,
. . , V. .lai'iiliHi'ii .,
li 1 Nliai'eN,
1!>
Sn|>|iliiio
, ,
.' Joiin ;;. Ci)\
M»iiaj{iii){ owiu r.
11
Miirv Tax lor
, ,
. . Williniii MiiiiNio
Ditto.
1.'.
I.ilv
. . V. .laiiilmi'ii . .
Ditin,
Ifi
Auiorn . .
, ,
. A. \Va>lH'i>c
Ditto.
17
I'milopo
. .
. , Mill ri* MoKH
Ditlo.
18
'I'luil'MI . .
, ,
.. 1'. A. lliilibiii){tnii ..
Ditto.
1!)
l'"iivoiito
, ,
.. ('I.;irli's ."'ininn
01 Nliari'S,
80
Viva
, ,
. . Williiiiii ]\lim»ii!
Miinii- 'ijf ownrr.
31
Mnrv AUin
, ^
.. Morris Moss
01 !.lii„r«.
32
Moiiiiluiii ("liiof
^
. , .liiniis Nfwnssiim ..
Miinnnini; ownrr
33
Sii-rri
, ,
.. 'I'lios. I'hi'i'tiiialU'l . .
Ditto,
24
Kato
. .
. . Cluirli's Spriiin ..
III KJiinv*,
25
W'aiiilrivr
••
.. lly, raxloii
1
.Alannginn owner.
SO
27
30
.\imio (\ Mooro
Ariel . .
{', II. Tnpp.-r
Ueatriee . ,
CiU-inelile
\ot lecorili'il ill Victiiriu. Il,('
Diilo.
Ditlii.
Dilto.
Ditto
Allele ..
,. .\ Her. nail vessel, ie^;isteroil in Miiiii^!iae
Tlie five L'mteil States' seniors inontioneti in List No 1 are, of emir.-ie, not of reeord at Vieloriii, K.C".
,V„/, — The aiidivss of nil the al>ove mentioneil owners is Victoria, H.C, willi the e.xeeption of Joliii I.. l':Mim.
of the Bchoouer " Kuthnrinc," wlio.sc niiilress is Clayatiuot .">ountl, li.C, via Vietoriii, It.l',
(Signed) A. ]{. MILNE,
Ctlh'ctor of Customs anil Riyislrar of Shippimj.
iin
'■••■' ''•' '•••" ■""-'? No. 366,
Th MtmiutM nf HaltHliury (n Sir J, Panni^ffnte. ' "' "
Hir, ' Forvitin OJ/irr, Jiiiif 20, 1890.
I IIAVI'i to ^l(•kno^v^•(l^-<• vour (lcH|»itcli ol' tlic Wth ultimo, incloKiiif,' ropy of a note
iVoiii Ml". IHnitu", tliilcd llic 21»il' nllii'io.
II conliiiiiH Hi'vcnil loton'ticcn lo commniiiciitionM wliicli rmMHod lintwoeri tho two
(Jdvcinmt'iilH ill tlu" t.i?im of Mr IHiiiiic'H iinMltv^oMnor, c-pccially in Mic Hpriii;^ of 1HH8,
Willioutr r(<ri'rriii;i,' ill. pi/scnl to villicr portions of Mr. riliiim-'H note, I "isit only now tw
|iiiinl out. HOMU' CI lor in tJit; iinpicKHiDiiH wliicli lie Iuim ^iitlicri'il from )lic n^cords in )iiH
ollicc witli iCHpcct to llioKO (■oinmiiiiicd tiiMis. Il(^ stalcM lliil, on llic li'trd April of
tiiiil ,yciii' I inroniifd the Amcrioin <'liiir;!:(' d'AHiiircH, Mr. Wliitc. tliiit, il, whm jiropoHcd
to yivi- fll'ccl lo II Hciil (Joiivcniioii liy Order in (ionncil, not l)y Act. ii\' I'lirliiimont.
ThiM wiiH II minlnku. It wiih very imlunil tlmi Mr. Wliilc nlioiild not liiivi^ iipprtdiendod
me corroctl)' wIkmi I wiih dcHcriliiiiff llic soincwliat compliriitcd iirriinr^cmcntH liy wliicfi
\r,|(ciii(MilH of IliiH kind iirc ltroii;;lil into forcr in Kni.jl(ind. lint bvo or lllr('(^ days
iil'li'r lln^ -•"'111 April Im' culled (o iniikc impiiry on tin- siilijcct, and, in reply to liis
<|iii'.sti()ii, llu' follow in;; teller wan addressed lo liiin liy my iimlnielioim : -
"My dear White. " Fomijn ()//irr. Anril 27, 1BHH.
"Lord SaliHiiiiry deKiicH ine to esprcHH Ids re/jrel tlial ln' is not yet in ii position to
iiiiikc any I'lirllier coinmuiiication lo you on the Hiihject <d' tlie seal lislierie-i in liehrinf^'n
Sea. Afler his iiilerview witii yon and M. de Slaal he had to reli.T to tin- (/'anadian
(Idverniiient, llie Hoard (d' Trade, and the Adniirally. hut has as yet. only iditained tiio
<il)iiiiiin (d'tlic Adniirally. The next step is lo hrin;; a Mill into I'arliaiiKmt.
" VoiiiH, hv.
On tho 2Sth Mr. Wliit« replied
(SiKiicd) " Vmw, H\urin(;ton."
" My d ar Bariiii'jftoii.
"Thanks for your note, respectin;^ the (iual senlenee of whiidi, 'Tin
liriii;; a Mill into I'arlianunit,' ( must tronhie \oii uilh a line
" Lfi(/(ttin)i of till' Uiiiird Sttiirs, fjoiiflon,
Ipnl -'8. iH.SH.
next step is to
I-. ■• ■■■■• ■■" ......<...., . .....<„ .,..,.,,,v T"'> "■■•I <■ ......
" I iiiHiei''>lood li(U'd Salishiiry to say when [ saw him with M. de Staal, and
(i;;;iiM last week alone, that it i.s now propositi to {jive effect to the (Conventional
(irriiii^'einent for llii! protect ion e! seals hy an Order in Council, not hy Act of
I'avliniiient.
" When Mr. I'helpv, h it, tlm latter was Ihou^jht necessary, and last week I
rucL'ived a telei^raiM from the Secretary id" State, askin^f ine to ohiaiii conlidentiaily a
cdiiy of the proposed Act of I'arli.inienl, with a view lo assindlatinij onr eonlemplati!'!
.Act III' (lonnress thereto. I I'eplied. afler seein;; Lord Saiislniry las! Sahirdfsy, that
tlicie woidd Ik; no Mill inirodnced in I'arliament, hut an Order in ( oiincil.
''May i ask if Ihis he now incorrect, as, in that event, I sliotild particularly like to
conecl, my former Htateinent hy tliiH day'.s mail."
To this the following reply was on the same date addressed to Mr. White ; —
" My dear Wliite, " Fan-ii/n Office, April 28, 1888
" ijord Siilishiiry is afraid tiiat In; did not make himself imderstood when last iio
spoke lo you iihoiit tlie S(;a! h'isheries (Convention.
"An Act of l^irliamunt is necessary to {jive power to our authorities to acton
llio iirovisions of the (.'onvenliim when it is si;jiied. The Order in Council will ho
iiU'icly the nnichinery which the Act will provide tor the purpose of hrin^jin;;- it.n
Iirovisions into Ibrce. The ohjccit of this machinery is ',o enahle the (<ov(;niiiieiit to wait
till the other two Powers are ready. Mut neither (Coivenlion nor Mill is drafted yet,
bwaiise wo. .ave not got the opinions from Canada wliieh are necessary to enable us to
proceed. , ., , ,, ,, .;,.
: ' . ' '• !i . iju ,1 I . " Yciurij, &c. '
• ■' ' • ' ;. I . ,;, (Signet.) "Ejuc BAiiniXGTON."
It is evident from thi.s correH])ondenco that if the United States' Government
"as misled upon the 2»rd Ajiril into the belief that Her Majesty's Government
coukl ji'oceed in the matter without nn Act of Parliament, or could proceed without
[128] .') 11 2
492
previous icrorciico to Cnnnjliv, it was a niiHlako which must hiivo hccn cn'irely
dissipiitid hy tlu- corroKpoii'li'iu'c which followed in the tMisuinjj wook.
Mr. llhii;io is nlso uiidi-r ii iniscoiu'cplion in ima}iiiin^ that I ever "rave any
vorhni ns^:^•.(•nIu•p, or anv proniiso of anv kind, witli rt'spocl to llie tiMiiiH ot' Die
projected Convention. Her Al.ijesly's (iovernnient niwnvs have heen, nml nic stJH
nn.xioiis for the nnan^ienient of a ("oinontiou which kIiiiII provide whatever cliiso
time in whatever h)cahties is neces>^ary for tlie preservation of tiie fur-seal species. Dnj
1 have always represented that the ditails must he the suhject of discussion, a discussion
to whieli those wlio are locally interested must of m cessit v conliihute. I lind ijic
record of the following- conversution ahout the date to which Mr. Jilaine refers:
" T/if Alarijiiis of Sali.shiirii In .S'j;- ],. IVi'sl,
" Sir, " Forcii/n O/fice, Miirrli 17, ISHS.
"Since forwardin;; to )ou my ilcs|iu(ch of the 'J'J\u\ ullimo, I have heen in
eommmiication wilh the Itussiau AmI)asMidoi at this Courl, ami have invited his Mxccl.
leiicy to ascertain whether his tiovernment would authorize him to discuss widi
Mr. I'lulps and myself the suj:;j>eslion made hy Mr. Ihiyard in his despatch of tlie 7tli
Fehruary, that concerted action shoidd he taken hy the Uintcd Slates, (ireat Ihilain,
and other interested I'owits, in order to preservi; Ironi extermination the (ur-scnls
whi<h at <erlain seasons are found in ltehrin<:f's Sea.
"Copies of the correspondence on this <iuestion which has passed between M. de
Staal and mysi'lf is inclosed herewi.h.
"F re(piest. that you will infor'" Mr. I'ayarJ, of the sleits which have heen lakrii,
with a view to ihe initiation i;f m^-;). in J ions for an A<;reenient hetween tlie tliioc
Powers princijially concerned i.i 1" 'i^teiunice of the seal lisheries. IJul in so
doinjr, yon shoidd stale that •.! ,; ■; . on the ]i.irt of Her Majesty's (Joverniiu'iit,
must not he taken as an admisM.m of tlie riuhts of jurisdiclic ii in itehriu^'s Sea
exercised tiu're hy I'.o United Slaten' authoriiies durin;'' l!>.! lishinir seasons of
1SS(!-S7 and 1SS7-8S, nor ns atfeclinu' the claims nhieli !!er Majesty's (Joveninioiit
will have m present on account ol' the wronjjfid seizures which have taken pljice of
British vessels eugajved in the seal lishiog- industry.
" T am, &c.
(Signed) " S.vi.isiiiiiv."
\n pursuance of this despatch, the sii-jjiestion nuide hy Mr. Hayanl to wliicli
1 referred w.-is discussed, ami nen'olialions were initiated for an .Aureement helwcoii
the time Powers. The follmvinj;' des|)atch contains the record of what I l)elicve
wa.s the iirsl meeliu!^ helween the Kepreseutatives of the three Powers upon ilic
suhject : —
" T/ir Xfaniuis of Salislmrii m S'/c L. fVcsf.
" Sir,
"The Hussian Amhassador and tlie '
nptni m • this allernoon to discuss the o 'C;
irouniit into promin, ic
'• Fon'iijii OJficv, Apiil 1(», tS8S.
iicii Sliites Char;;<'' d'.MIaires cnljoil
■I ^>J the seal fisheries in neliriiii;'s
^" i'> recent action of th • Tniloil
desire that some .A'^rci'inont
Sea, which had heen
Slates.
"The I'niled Slates' (iovernnient had cx|>rcs.."-il
should he arrived at hetween the tluH'e (ioveuiincnts ior the nurpos<' of prohihitiuL' tlie
slanjihter of the seals durinu' the time of hieediHf; ; and, at my request, .M, ilc
Staal Mild ohiiiined instructions from his tiovernment ,)n that (|uestioii.
" At this preliminary discussion it was decided proiisiondlli/, in ordrr to iuinish n
hfisis for iirtjnlidlioii, aiul tiilhout ih'liiiiiirrhi pirdqinff cur (iovnniiivnls, that ihe spiice to
be covered hy the ]>ioposed Convention should be the sea between America ami Hus-ia
north of Ihe l7tli decree of latitude; that the close time Hhouhl extend from llie irilh
.\pril to the 1st Novondier; tlii't durin;;; that time the slau^^hler of all seals slioud
be f<nhidden. and vei si'ls enga^icd in it si \'d be liable to seizure hy the ciuizer'< of
any of the three Power-, ai.d should Ik li.k.n to the port of their own nationnliu
for condemnation; tha, ''ir nthc in arms. ■\i M ,i' inul powder should he prohiliitecl
in all the islands of t' -v seas ; and thai, ,in;ii a? the three Powers had cuu'luileil
a C(mvention, (hey siioidd join in submiltmg it for the assent of the other Miiriiime
Powers ot the N'orl'iern Seas.
"'il;e U'vted ytn;* s" Oharg6 d'Atlaires was exceedingly earnest in pressing on us
tUe importa;>e»; of disimt.!; '.i aucuuut of the inconceivable slaughter that had been, and
'10»
was Htill. going on in Uiesc hciih. IIo stated tliat, in addition to tiic vast (|iiantity hroujyht
to miirkot, it wort a coniinon practice for those enaja^^cd in tlit! trade to wlioot all hciiIh
they miglit '"•?*'•' '" '■''c opoji sea, and that of these a ^'cat niiinher sank, ho that their
skins could not be recovered.
.. "I am, (ki-.
(MiKHcd) "S\i,isiinuY."
It was imiiossildc to slate more diHtinclly tliat any proposiil made was provisional,
nntl wiis merely n'.ade lor the piirpoose of enahlin^; the re(|ui-ile negotiations to proci'ed.
TlicHuliMMpUMil discussion of these proposals was nndoiihtedly delayed in conscipiciici' of
(lie icnulh of time occup ed hy the CJnnadian (lovernnn lit in collt'clin;^ I'roni (jonsidcrahic
ilistnmcH the information which they re(|uired Itefore their opinion on the siiltjcct, could
lie lliomunldy formed, and after that it was delayed, 1 Itelieve, chiefly in (lonsecpuMicc! of
the political events in the United States unconnected with this (piestion. I tliink it
(ii'siiiihic to correct the iniscon(!cplions wiiich have arisen with respect lo these tians-
iiclioiiH ; llioufjfli I d(» not think that, even if ilie view of them which is taken by
Mr. HIaine is accurate, they would hear out the ar^umenl whicli he founds upon l.heni.
I shall be f^lad if you will take tlie «)ppoitunity of iidormini; Mr. iJlaine of these
corrections.
I am, &r.
(iSi-rued) SALISIVUllY.
1
UB
m
^K
It*'
1
w
t
Hi
I
I'm
No. no7.
Till' Miiniuis of Snllslmrii lo Sir J. Pinnicrfole,
Sir, Fr, iijn I'^p, Juiw 20, IS'JO.
I IFAVK rccc'vcd your despatch of the .'ird instant, and 1 approve the i.ole
(rliicli you addressed to Mr. Bluint? in reply to his in<itiiry wlKMlier Her Majesty's
fldvcrinnint would consent t(» "make for a single season the Hcgulation," as to the
killiiy of seals in Hehring's Sea, " which in 1H88 they oll'ercd to make permanent."
I ttin, &c.
(Signed; SAIilSltUllY.
II
No. 30P.
.Sir ./. PiiuncpfoU; lo the Murqula of Snlishury. — {lirrniurd Jiinr 21.)
h^
WuMnijIon, .liinc 21, IHOO.
1 IIAVH (he lionour to report to your Lord.ship that a lelegram is pul)lis!ied in the
wspnper of today, dated I'ort Towiisend, in Washington S(ate,
.1 Ik .. ../« •tl • l.t .1 i.wt •'
(Tckginphic.')
i II AVE
" Wiishini;ton Po-t" newspnper ot today
" •'" n* [...|,- .^ , — - " ,, ,
'.'(itli .luiie, slating that the ]{evoiuie cutter '"Corwin" arrived there on the 18th on it.s
my to IJehring's Sea, and will await furil' r orders, la the same tehgrani it is stated
that the " Kush " is at Sealiie, in Washington State, and is awaiting orders at that
purl.
No. 3(39.
The Marquis of aalisbitri) to Sir ./. I'liuncpfote.
Sir, Foreign Office, June 21, IS'JO.
I vVl'PROVE the reply, inclosed in your despatch of the (itii instant, wliieh you
returned to Mr. Blaine's note of the Itli instant, in regard to the proposed exclusion
uf Jlritish sealing-vesscls from Behriiig's Sea during tin; prjsent Koi"' ....
It is unnecessary, in view of the observations contained in my despatch of the
20th instant, that I should discuss at any length the circumstances whusli led to an
interruption of the negotiations in 1888.
With regard, however, to Mr. Blaine's remarks that in 1888 I had abruptly closed
494
the negotiations licciiusc "i\w Canadian Government objected," and that "T assigned
no other reason whatever," I should wish you to call Mr. Blaine's attention to the
statiunent of Mr. Phelps recorded in my despatch to Sir L. West of the 3rd April
18S8, that " uiid(M' the peculiar political circumstances of America at this moment'
witli a lyeneral elecition impending, it would be of little use, and, indeed, hardly
))racticable, to conduct anv negotiation to its issr.e before the election had takon
place."
I am, &c.
I ' (Signed) SALISBURY.
No. ;370.
Sir J. Pauncefolv to the Marquis of Salishury. — {Received June 24.)
My Lord, JVashinyfon, June 10, 18!)0,
WITH reference to my telegram of to-day, 1 have the honour to inclose lierewitli
copy of a Memorandum wliioii I gave to Mr. Blaine at onr interview ot yesterday
on the subject of ihe inability <;t Her Majesty's (Jovernmi;nt to exehule Britisii
vessels from the high seas without legislative sanation.
I have, &c.
(Signed) JULIAX PAUNCEFOTE.
s-
Inclosure in No. -'ITO.
Memoravduin.
LORD SALISBURY regrets that tlie President of the United States should thinl:
him ^vanting in conciliation, but his Lordship cannot refrain from thinking that tlu'
President does not appreciate the diflicalty arising from the law of England!
It is entirely beyond the power of Her Majesty's Government to exclude Ihitish or
Canadian ships from any portion of the high seas, even for an hour, without legivlntivc
sanction.
Her Majesty's tJovermnent have always been willing, witliout pledging the;ase!ve>
to details on the questions of area and date, to carry on negotiations, hoping thereby to
come to some arrangement for such a close season as is necessary in order to preserve
the seal species from extinction, but the provisions of such an arrangement would al\>iiy>
require legislative sanction, so that the measures thereby determined may be eutoreed.
Lord Salisbury does not recognize the expressions attributed to him. Ho docs
not think that he can have used them, at all events in the context mentioned.
No. 371.
Sir J. Prmiicefofp to the Marijuis of Salixbury. — {Received June 25.)
(Telegraphic")
Washington, June 2.5, ISOO
iHiTHOlGH I heave not yet received the Secretary of State's promised reply tn
your Lordship's despatch of the 22nd ultim>), and tiiough he refuses to proceed witli
tile negotiations until that reply is delivered, 1 am informed that he lias announced
his intention of leaving for the north in the course of next week.
I therefore venture tu suggest that I may be authorized to address at once to
Mr. Blaine an olllcial note, replying to the President's inquiry, in the sense of your
Lordship's telegram of the 12th instant, viz., that the issue of a Proclamation as proposed
by the President involves dithculties of a Constitutional nature, and Her Majesty's
Government could only consent to issue it as i)art of a general settlement, and on tin
three conditions named below : —
1. Tliat the (piestion of the legal right of the United States' Government to inter-
fere «ith British sealing-vessels in Belning's Sea be submitted to arbitration.
2. That, pending the result of the arbitration, tiui United States' Government cea-e
all interference with Jkitish sealers outside of territorial waters.
3. lat, if the result of the arbitration be adverse to the United States' Government,
British subjects be compensated, not only for past interference, but also for all losses
ensuing from their compliance with the Proclamation.
No, 372.
.;' _:'\ ' ,• Colonial Office to Foreign Office. — {Rpceiied June '26.)
(Extract.) Downhuj Utrect, June 25, 1890.
WITH reference to previous corresnondence, 1 am directed by Lord Knutsford to
transmit to you, to be laid before the Marquis of Salisbury, a copy of a despatch from
tbo Governor-General of Canada, forwardinjjj an approved Minute of his Privy Coimcil
recommending that .an assurance should be sought from the United States that no
attempt will be made to interfere with British vessels in Behring's Sea during tlie
present season.
' Inclosure 1 in No. 372.
Lord Stanley of Preston to Lord Knutsford.
My Lord, The Citadel, Quebec, June 12, 1890.
WITH reference to previous correspondence on the subject of the seizures of
Canadian sealing-vessels in Behring's Sea, I have the honour to forward herewith a copy
of an approved Minute of the Privy Coimcii, embodying a Report of the Minister of
Marine and Fisheries.
The Minister forcibly presents the grievance sustained by Canadian subjects in the
course i)ursued by the United States' authorities in regard to this matter, and, in view
of the fact that another sealing season has opened witliout any intimation of a
HJtlulrawal, on tlie part of the United States, of their extraordinary claim to jurisdiction
over the waters of the open sea, he recommends that an assurance be sought from the
United States' Government by Her Majesty's Government that the claim to jurisdiction
beyond the 3-milc limit will be no longer insisted on,
I have, &c.
(Signed) STANLEY OF PRESTON.
Inclosure 2 in No. 372.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency the
Governor-General in Council on the 7th June, 1890.
ON a Report, dated the Gth June, 1890, from tiie Minister of Marine and Fisheries,
expressing regret that iL again becomes necessary to call *he attention of your Excellency
to the long period which has elapsed since the illegal seizures of British sealing-vessels
by United States' Revenue cutters occurred, and to the annual continuance of this
molestation :
Tlie Minister desires to remind your Excellency that the attention of the Imperial
authorities has frequently been called to all the facts and circumstances connected with
tbe different seizures which have occurred since 1885, and to observe that, notwith-
standing the opinion of the Law OfKcers of the Crown as to the absence of any
jastification on the part of tlic United States' authorities for the acts complained of, and
despite the protests of the British (iovernnient which were presented to the (Government
of the United States, the great wrongs to British subjects go unredressed. The Minister
would especially point out that as yet there has been no withdrawal on the part of the
United States' authorities of the assertion of their right to prevent subjects of Her
Majesty from engaging in hunting seals in the deep waters of Behring's Sea,
Tiie Minister observes that intense embarrassment and financial loss has been
experienced in connection with the prosecution of this pursuit, due not only to actual
arrests and molestation, but to intimidation caused by the attitude assumed on the part
of the United States ever since the year 1886, as regards the right of sealing in
B'5
\
rv
490
Bchring's Sea. As evidence of the strong desire on the part of your Excsllency's
advisers to cordially co-opcrntc with tlie Imperial authorities in reaching, if possible, a
friendly settlement, tlio Minister recalls the fnot that upon the urgent retpicst of Her
Majesty's Government, the (lovernmentof Canada agreed to a discussion of tlio (iiicstion
of u close season for fiir-senis in the Ikdiiiiig's Sea, notwithstanding the iierpolrniiini of
the gross wrongs and injuries complained of by Canada, and in the absenci' of am
detinitc assurance or offi'r of reth'ess.
The Minister desires to refer to the Minute of Council approved on the IStli day of
ISfarch last, dealing at lengtli with a note from the Honourable Mr. Blaine, Secretary of
State for the United States, communicating the reply of the United States' (jovcriinicnt
to a protest by Mr. Edwardes, on the piirt of the Imperial tiovcrninent, in October
last, against the seizure in \>H[) of Canadian vessels. After dealing very fully with tlic
question, the Minute went on to say: —
" Knowing the desire of both Her Majesty's Govermnent and the Canadian people
to maintain as friendly relations as possiiile with the people of the United States, the
Minister recummends that Her Majesty's (Joveinment be informed tlint your Excellency's
advisers are prepared to discuss any proposetl international arrangement for the proper
protection of the fur-seal, but that before such an inquiry is eoniplcled they expect that
the (|nestion raised by the seizures of Canadian vessels in the Hehriiig's Sea shall be
settletl according to the law of nations, and that (he claims for indemnily now in the
hands (if Her Majesty's Government shall be fully satisfied.'
The Minister furtiier observes that while negotiations are in progress toucliins the
question of a cl(>se season, another sealing seasmi has begun without any intinintion nf
a witlulrnwal (ui the pari of the Unite. ^ States oi' tiieir extraordinary claim to jurisdiciiuii
over the waters of the open sea, nor has any indemnilication been made or assured to the
subjeeis of Her Mnje-ty «ho have i^ullered loss I'nnn the illegal acts on the part of the
United States' authorities. Indeed, it is currently reiiorted in the press of the United
States and elsewhere that the United Slates' Kevenuj cutters will this year tontiuno to
interfere with and harass ISiitish sealers when in Ikhring's Sea.
'I'iie Minister is of opinion that it is at least due to Her Majesty's subjects intcrcsteil
in this branch of iiulnsiry to have authentic knowledge of the actual jjosition to ho taken
in connection with liehring's Sea during the coming season by the authorities of the
United States, and he, therefore., recommemls that Her Majesty's Government he urged
to obtain an immediate assurance that the claim to jurisdiction or authority over
sealing-vef.sels when beyond the 3- mile territorial limit in Behring's Sea will he no
longer insisted upon.
The Committee, concurring in the above Report of the ^linister of ^Marine and
Fisheries, recommend thai your Excellency be moved to forward a copy of this j\linutc
to the Kiglit Honourable the Principal Secretary of State for tiie (,"olonies.
'J'iic Committee fuither advise that a copy hereof be also forwarded to the High
Conunissnmer for t'anathi in London, with instructions to him to ])ersonally press upim
the Seer'^tary of State for the Colonies the urgent necessity for obtaining from the
Government of the United States satisi'acloiy assuraiu'es upon this guDJect.
All which is respectfully submitted for your Excellency's approval.
(Signed) JOHN J. iMcGEB,
Clerk, Privy Coinicil.
No. 373.
The Marqvis of Salislntrv to Sir J. I'auncefote.
(Telegrapliic.) Foreign Office, June 2(i, 18'J0.
THE proposal made in your telegram of yesterday has ray entire concurronce.
497
No. 374.
Sir J. Pauncefote to the Marquis of Salisbury. — (Substance telegraphed, July 3.)
My Lord, Washinaton, July I, 18Q0.
1 HAViiJ the honour to transmit a copy of a note which I received yesterday
evening from Mr. Blaine, in answer to your Lordship's despatch of the 22nd May, of
which I left a copy in his hands on the 5lh ultimo.
In this note Mr. Blaine endeavours to show that the ne^^otiations which preceded
tlie conclusion of the Treaty of 1824 hetwecu the United States and Russia, and the
Treaty of 1^25 between Great Britain and Russia, had, so far as respects maritime
jurisdiction, no reference whatever to the Behring's Sea, but only to the Pacific Oci-an
south of the Aleutian Islands, and, therefore, that the United States' Government have
not laid thomselvcs open to the charge of asserting rights in the Behring's Sea which
they disputed as against Russia, before the cession of Alaska to the United States in
1807.
While renudiating any claim to the Behring's Sea as a mare cinusum, Mr. Blaine
insists that the claim of Russia to exclusive jurisdiction within 100 loiles from land was
not disputed as regards the Behring's Sea, but, on the contrary, was acquiesced ia buth
by Great Britain and the United States at the time of the Treaties above referred to,
and that it is only since the rights of Russia in Alaska and the Behring's Sea passed to
the United States by purchase in 1807 that Great Britain has sought to challenge right*
vhicli siie respected when Alaska was a Russian province.
i have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosurc iu No. 374'.
Mr. Blaine to Sir J. Pauncefote.
Sir, Department of State, Washington, June 30, 1 890.
ON the 6th instant you read to mo a despatch from Lord Salisbury, dated the
22nd Alay, and by his instruction you left with me a copy. His Lordship writes in
answer to my despatch of the 22nd January last. At that time, writing to yourself
touching the current contention between the Governments of the United States and
Great Britain as to the jurisdiction of the former over the waters of the Behring's Sea,
I made the following statement : —
"The Government of the United States has no occasion and no desire to withdraw
or modify the positions which it has at any time maintained against the claims of the
Imperial Government of Russia. The United States will not withhold from any nation
the privileges which it demanded for icsclf when Alaska was part of the Russian Empire.
Kor is the Government of the United States disposed to exercise any less power or
authority than it was willing to concede to the Imperial Government of Russia when its
8overei;;nty extended over the territory in question. The President is persuaded thiit all
friendly nations will concede to the United States 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."
Ill answer to this declaration. Lord Salisbury contends that Mr. John Quiiicy
Adams, when Secretary of State under President Monroe, protested against the juris-
diclidn which Russia claimed over the waters of the Behring's Sea. To maintain this
positinn his Lordship cites the words of a despatch of Mr. Adams, written on the
2'MA July, 1823, to Mr. Henry Middleton, at that time our Minister at St. Petersburgh.
The alleged decL'mtions and admissions of Mr. Adams in that despatch have been the
basis of all (he '.rguments which Her Alajcaty's Government have submitted against the
ownership of cjrtain properties in the liohring's Sea which the Govoininent of the
United States confidently assumes. I quote the portion of Lord Salisbury's argument
which includes the quotation from Mr. Adams : —
"After Russia, at the instance of the Russian American Fur Company, claimed in
1821 the pursuits of commerce, whaling, and fishing from Behring's Straits to the
SUt degree ot north latitude, and not only prohibited all foreign vcs-els from landing on
the coasts and islands of the above waters, but also prevented them from approacuing
[128] 8 S
I
t^
\i
i:
II
i
498
within 100 miles thereof, Mr. Quincy Adams wrote as follows to the United Slates'
Minister in Russia : —
" The United States can admit no part of these claims ; their right of navigation
and fishing is perfect, and has been in constant exercise from the earliest times
throughout the whole extent of the Southern Ocean, subject only (o the ordinary
exceptions and exclusions of the territorial jurisdictions."
j'he quotation which Lord Salisbury makes is unfortunately a most detective
erroneous, and misleading one. 'i'he conclusion is separated from the premise, a comma
is turned into a period, an important qualification as to time is entirely erased, willmm
even a suggestion that it had ever formed part of the text, and out of eighty-four Honls
logically and inseparably connected, thirty-five are droppe'! from Mr. Adams' paragraph
in Lord Salisbury's 'quotation. No edition of Mr. Adams' work gives authority for his
Lordship's quotation ; while the archives of this Department plainly disclose its many
errors. I requote Lord Salisbury's version of what Mr. Adams sjtid, and in juxtaposition
produce Mr. Adams' full text as he wrote it. , ■ /.
' {Lord Sulisburj/'s quotation from Mr. Adams.)
" The United States can admit no part of these claims ; their right of navigation
and fishing is perfect, and lias been in constant e::ercise from the earliest times,
throughout the wiiole extent of the Southern Ocean, subject only to tiic ordinary
exceptions and exclusions of the territorial jurisdictions."
{Full text of Mr. Adams' paragraph.)
" The United States can admit no part of these claims ; their right of navigation
and of fishing is perfect, and has been in constant exercise from the earliest times, nfiej
the peace of 17S3, throughout the whole extent of the Southern Ocean, subject only to
the ordinary exceptions and exclusions of the territorial jnrisdictions, which, so fur as
Russian rights arc concerned, arc confined to certain islands north of the .^blh detjm of
latitude, and have no existence on the Continent of America."
The words in italics are those which are left out of Mr. Adams' paragraph in the
despatch of Lord Salisbury. They are precisely the words upon which the Government
of the United States founds its argument in this case. Conclusions or inferences resting
upon the paragraph, with the material parts of Mr. Adams' text emitted, are of course
valueless.
The first objeci is to ascertain the true meaning of Mr. Adams' words which were
omitted by Lord Salisbury. "Uussian rights," said Mr. Adams, "are confined to certain
islands nortii of the Diith degree of latitude." The islands referred to arc as easily
recognized to-day as when Mr. Adams described their situation sixty-seven years ago.
The best known among them, both under Kussian and American jurisdiction, are Sitka
and Kadiak, but their whole number is great. If Mr. Adams literally inteiulcd to
confine Kussian rights to those islands, all the discoveries of Vitus Jiehring and other
great navigators are brushed away by one sweep of his pen, and a large ?:huplcr of
history is but a fable.
But Mr. Adams goes still further. Ho declares that "Russian rights have no
existence on the (^ontinent of America." If we take the words of Mr. Adams with their
literal meaning- there was no such thing as '• Kussian possessions in America," although
forty-four years after Mr. Adams wrote these words the United States paid iiussia
7,*>00,0()0 dollars fcr these "possessions," and all the riglits of land and sea connected
therewith.
This consiructi(m of Mr. Adams' language cannot bo the true one. It woidd be
absurd on its face. The title to that far nortliern territory was secure to Uussia as early
as 1741 ; secure to her against the claims of all other nations; secure to her thirl v-scven
years before Captain CooTc had sailed into the North Pacific ; secure to her more than
half-a-century before the United States had made gojd her title to Oregon. Russia was
in poiiit of time the first Power in this region by right of discovery. \Yitliout iininodcrate
presumption she might have challenged the rights of others to assume territorial
possessions, but no nation had shadow of cause or right to challenge her title to the vast
region of land and water which, before Mr. Adains was Secretary of State, had become
known as the " Russian possessions." . . . , •■ ;
490
Mr. Adams' mcaninj? was not, therefore, and indeed could not be, what Lord
Salisbury assumed. As against such interpretation, I shall endeavour to call his Lord'
ghjn'H attention to Avhat this Government holds to be the indis]mtablc meaning of
Mr. Adams' entire paragraph. To that end a brief review of certain public transactions
and a brief record of certain facts will be necessary.
At tlie close of the year 1799 the Emperor Paul, by a Ukase, asserted the
exclusive authority of Bussia over the territory from the Behring's Strait down to the
"wtli degree of north latitude on the American coast, following westward "by the
Aleutian, Kurile, and other islands," practically inclosing the Behring's Sea. To the
Russian American Company, which was organized under this Ukase, the Emperor gave
the liglit " to make new discoveries " in that almost unknown region, and " to occupy
the ne>v land discovered " as " Russian possessions." The Emperor was assassinated
bel'ore any new discoveries were announced ; but his successor, the Emperor Alexander I,
inherited the ambition and the purpose of his father, and in a new Ukase of the
4th September, 1821, asserted the exclusive nuthority of Russia from liehring's Straits
southward to tlie 51st degree of north latitude on the American coast, j)roelaiming bis
authority at the same time on the Asiatic coast ns far south as tlie 4otii degree, and
forbidding any vessel to approach within 100 miles of land on either continent. T quote
the ttto sections of the Ukase that contain the order and the punishment : —
"Section 1. The transaction of commerce and the pursuit of whaling and iisbing or
any other industry on the islands in the harbours and inlets, and, in general, all along
the north-western coast of America from Rehring's Strait to the 5 1 st parallel of northern
latitude, and likewise on the Aleutian Islands and along the eastern const of Siberia and
on the Kurile Islands, that is from Behring's Strait to the southern promontory of tho
Island of Urup, viz., as far south as latitude 45° 50' north, are exclusively reserved to
subjects of tho Russian Empire.
"Section 2. Accordingly, no foreign vessel shall be allowed either to put to shore at
any of the coasts and islands under Russian dominion, as specified in the ])receding
section, or even to approach the same to within a distance of less than 100 Italian
miles. Any vessel contravening this provision shall be subject to confiscation with her
whole cargo."
Against this larger claim of authority (viz., extending farther south on the American
coast ti) the .'>lst degree of north latitude) Mr. Adnms vigorously protested. In
a despatch of the 30th March, 1822, to M. Polelica, the Russian Minister at
)Vasliington, Mr. Adams said : —
" Tliis Ukase now for the first time extends the claim of Russia on the north-west
coast of America to the 51st degree of north latitude."
And lie pointed out to the lUissian Minister that the only foundation for the new
pretension of Russia was tho existence of a small Settlement, situated, not on tlie
American Continent, but on a small island in latitude 57° — Novo Archangelsk, now
known as Sitka.
Sir. Adams protested, not against the Ukase of Paul, but against the Ukase of
Alexander ; not wholly against the Ukase of Alexander, but only against bis extended
olaira of sovereignty southward on the continent to the 51st degree novth latitude. In
short, Mi: Adams protested, not against the old possessions, but against the new preten-
tions of Russia on the north-west coast of America — pretensions to territory claimed by
ilie United States, and frequented by her mariners since the peace of 178-3, a si/ccifica-
lioii of time which is dropped from Lord Salisbury's quotation from Mr. Adams, but
ivliicli Mr. Adams pointedly used to fix the date when the power of the United States
was visibly exercised on the coast of the Pacific Ocean.
The names and phrases at that time in use to describe the geography inc'uded
wiihin the area of this dispute are confusing, and, at certain points, apparently eontra-
i Jietorv and irreconcilable. Mr. Adams' denial to Russia of the ownership of territory on
the "Continent of America" is a fair illustration of this singular contradiction of names
and places. In the same way the phrase " north-west coast " will be found, beyond all
possible doubt, to have been used in two senses : one including the north-west coast of
the Russian possessions, and one to describe the coast whose northern limit is the
I liOth parallel of north latitude.
It is very plain that Mr. Adams' phrase "the Continent of America," in his
I reference to Russia's possessions, was used in a territoriiil sense, and not in a rfeographical
sense; lie was drawing the distinction between the territory of "America" and the
J territory of the "Russian possessions." Mr. Adams did not intend to assert that these
territorial rights of Russia had no existence on the Continent of North America. He
I meant that they did not exist as the Ukase of the Emperor Alexander had attempted to
[128] 3 S 2
KOO
estahliHh them, snutlnvArd of the Aleutian PcniiiHuIa, and on that disliiictive part of the
continent claimed as tiie territory of tiiu United StatCH. " Amcricii " niul tlio " IJnJie^
StateH " were then, as they arc now, commonly used aa synonyinouf).
Hritisli statesmen at tliat time used the phrase precisely os Mr. Adams did. The
possessionH of tlie Crown were genericaily termed " BritiMJi America." (J rent llriinin and
the UnitotI Stntcs linrmonizetl nt tliis point, and on this tenitorial issue, a.;uinMt Hm]^
■NVhateviT disputes might be left by these negotiations for subsequent settleiueiit hi'twuin
the two Powers, there can be no doi:' t thnt at that time they had a common niul very
strong interest against tlie lorritorinl aggraKdizcinent of i{ussiii. The IJritisli u*c of the
phrase is clearly seen in the Treaty betwct.i Great liritain and Russia tiegotiated in 1825
and referred to at length in a subsecpient |)ortion »»f this despatclj. A publicist n»
eminent as Stratford Cunning ojiened the Illrd Article of that Treaty in these descriptive
words : " The line of demarcation between the possessions of the High Contrnctinff
Parties, upon the coasts of the continent, and the Islands of America to tiie iiorth-wc'.t."
Mr. Onnning evidently distinguished "the islands of America" from " the isInmlHof
the Russian possessions," which were far more numerous, and by the use of thephrivsc
" to the iiorlli-wcst," just as evidently limited the coast of the continent as Mr. Adams
limited it in that direction by the Alaskan Penin.sulu. A concurrence of opinion hctwctn
John Quincy Adams and Stratford Canning touching any public question left little room
even for suggestion by a third person.
It will lie observed, ns having weighty significance, that the Russian ownership of
the Aleutian and Kurile Islands (which border and close in the Behring's Sea, and h^ the
dip of the peninsula are several degrees south of latitude 5.')°) was not disputed hy
Mr. Adams, unil could not possibly have been referred to hy him when he was limitiii"
the "island" possessions of Russia. This is but another evidence that Mr. Adams was
making no question as to Russia's ownership of all territory bordering on the Hchrinir's
Sci", 'ihe contest ]icrtained wholly to the territory on the north-west coast. The
Emperor Paul's Uka.sc, including his sovereiarnty over the Aleutian and Kurile Islnnds,
was never questioned or denied by any Power at any time.
Many of the acts of Mr. Adams' public life received interesting commentary, and,
wliere there was doubt, luminous interpretation in his personal diary, which was CHrd'tilly
kept from the .'ird June, 1794, to the 1st January, 1848, inclusi.c. The present case
affords a \)a\t\ty illustration of the corroborative strength of the diary. During the
progress of this correspondence Raron Tuyl, who had succeeded M. I'oletica as Hussian
Minister in Washington, called Uj'on Mr. Adams at his office, on the 17tii July, l!<:'3,
six days before the date of the despatch upon which I have been commenting, and upon
which Lord Salisbury relies for sustaining his contention in regard to the Rehring's Sia,
Dnr'ng an animated conversation of nn hour or more between Mr. Adams and Itaron
Tuyl, the former said : —
' I told Haron Tuyl specially that we should contest the right of Russia to any
territorial establishment on this continent . . ."
It will be observed that Mr. Adams uses the same phrase in his conversation that
has misled English statesmen as to the true scope and meaning of his despntcli of the
2;'rd July, 18::3. AVhen lie declared that we should "contest the right of Russia to any
territorial establishment on this continent " (with the word "any" italicized), he no more
meant that wc should attempt to drive Russia from her ancient possessions tiian thtitwc
should attem|)t to drive England from the ownership of Canada or Nova Scotia. Such
talk would have been absurd gasconade, and Mr. Adams was the last man to iiululgein
it. His true meaning, it will bo seen, comes out in the next sentence, when he
declares : —
" 1 told Baron Tuyl thnt we should assume distinctly the principle that the American
continents are no longer subjects for any new European colonial establishments."
In the Message of President Monroe to the next Congress (the eighteenth) at its
h'rst Session, the Und December, 1^23, he announced that, at the proposal of the Russian
Government, the United States had agreed to "arrange, by amicable negotiations, the
respective rights and interests of the two nations on the north-west coast of this
continent." A similar proposal bad been made by Russia to Great Britain, and had
been likewise agreed to. The negotiations in both cases were to be at St. Petersburgh,
It was in connection with this subject, and in the same paragraph, that President
Monroe spoke thus : —
" In the discussions to which this interest has given rise, and in the arrnngemenls
by which they may terminate, the occasion has been judged proper for asserting, as »
principle in which the rights and interests of the United States are involved, that Ike
American Continents, by the free and independent condition which they have atsumed ani
501
maintain, are henceforth not to be contidered as lulijectt for Juture colonisation by any
Euroiirnn Power."
TliiH very brief dcclnration (in fuct, merely the tlirco lincN italicised) congtitutcn the
ftmoiia "Monroe doctrine." Mr. AdnniH' words of the July precedin;; clearly tore-
flhadoH'cd tliifl position as the |iernmncnt policy of the United Hlntes. The declaration
removes the Inst doubt, if room for douut lind been left, that the reference made by
Mr. 7\dnniH waH to the future, nnd had no poHHible connection with the HuHHinn rightH
cxiHtinfj for ttiree-quarters of n century bet'oro the (lespntch of 182!) was written.
It was cvi<icnt from the first that the determined attitude of the United HtatCH,
subsequently supported by Great Hritnin, would prevent tho cxtcnHion of RuHsian
territory southward to tho filst parallel. The 'Ireatics which were the result of the
meeting at Ht. I'ctersburgh, already noted, marlced the surrender on tho part of UuHsia
ol litis jtretension, nnd the conclusion was a joint Agret-ment that fiO" 40' should be
taken ns tho extreme southern boundary of Uii'^Hia on the north-west coast instead of
the 5i"ith degree which was proclaimed by tho Emperor Paul in tho Ukase of 1T0!>. The
Tri'nty between Russia and tho United States wan concluded on the 17th A|iril, 1824,
and that between Russia and Great Britain ten months Inter, on the lOth Feliruary,
182.7. In both Treaties Russia acknowledged 64° 40' ns the dividing line. It was not
determined which «>f the two nations owned the territory from fii" 40' down to the
4!ith imrullel, and it remained in dispute between Great Britain and the United States
until its final ttdjustmcnt by tho "Oregon Treaty " negotiated by Mr. Buchanan and
Mr. I'nkenham under the Administration of Mr. Polk in 184tj.
The Government of the United Slates has .steadily maintained that in r.^ither of
these Treaties with Russia wns there any attempt at regulating or controlling or oven
asserting an interest in the Russ'an possessions and the liehring's Sea which lie far to
tlio north nnd west of the territory which formed the basis of the contention. This
conclusion is indisputably proved by the Protocols which were signed during the progress
of the negotiation. At the fourth co.iference of the Plenipotentiaries on the 9th March,
18J4, the American Minister, Mr. Ilenry Middleton, submitted to the Ratsian Rcprc-
sentntive, Count Nesselrode, the following : —
" The dominion cannot be acquired but by a real occupation and possession, and an
intention ('animus ') to establish it is by no means sufficient."
iNow, it is clear, occording to the facts established, that neither Russia nor any
other Power has the right of dominion upon the Continent of America between the COth
and (iOlli degrees of north latitude.
Still less hns she the dominion of the adjacent maritime territory, or of the sea
ffhich 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 sens, 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.
Tile United States have exercised navigation in the sens and commerce upon the
coasts above mentioned from the time of their independence; and they have a perfect
right to this navigation and to this commerce, and they can only be deprived of it by
their own ict or a Convention.
This is a clear proof of what is demonstrated in other ways, that the whole dispute
between the United States and Russia, and between Great Britain and Russia, related to
the north-west coast, as Mr. Middleton expresses it, between the "50th and the GOth
degrees of north latitude." This .statement is in perfect harmony with Mr. Adams'
parngrnph when given in fp'l " 'J'hc United States," Mr. Middleton insists, " have
exercised navigation in the s :ind commerce upon the coasts above mentioned from
the time of their indepcnileiicc ;" but he does not say one word in regard to our
posse.ssing any rights of navigation or commerce in the Behring's Sea. He declares that
Eus^ia has not the right of exclusion or admission on these coa>ts (between the 60th and
the GOih degrees north latitude) nor in these seas, which are free seas, evidently emphasising
" free " to distinguish those seas from the Behring's Sea, which was recognized as being
under Russian restrictions.
Mr. Middleton wisely and conclusively maintained that if Russia had no claim to tho
continent betwe<m the 50th and COth degrees north latitude, " still less could she have
the dominion of the adjacent maritime territory," or, to make it more specific, " of the
sea which washes these coasts." That sea was the Great Ocean, or the South Seo, or the
Pacific Ocean, the three names being equally used for the same thing.
The language of Mr. Middleton plainly shows that the lines of latitude were useii
i I
i
let
Hin)|)l,v to iiuliaito tlio " iloininiiiu " on llu< coiinI i.lduioii llio .OOlIt iiiii] OOlli |mrnll(>|H of
noiili liititiiilo.
Till' iioportiinl doflariiliotm of Mr. Miiltllctou wliii'li iiiU'ipri'l ami (<iiroici< |||,.
ronlrnlion of tlu< I'liiliMl Sliitos hlioiilil Ito rcuMiilod i\n iniliN|iuliilili- iiiillioiilv, rmiii Hk,
t'lii'l lliul llicN nil' li\it u |iaruiihiiiN(< oldio iimliiu'lions ^liicli Nlc. <\(liiiiis dcliviMi'il |<i liim
lor Ills aiiidmico in in'jtoliudti); (lio 'I'roftlv willi i'oiinl Ncsmdrodo. Hoond nil ihinlii,
tliov prove tliiil Mr. .Xdmiis' nu'miiiin' wiis tlio nviTMo oF '.vliiit Lortl Siilishiiry inli-rN it, lo
III' ill llio |mrii^iii|ili ol' wliicli lie i|iioli<d only ii purl.
Tlio lour priiiiMpiil Arlii'li^ ot llir TioiiIn lu'^oliulrd Uy Mr. Middlilon mv ns
I'olIouH!
" .Vilii'lo I. It iM ii^rood (liiil in iiiiv purl ol' llio Cirriil Ofniii, coiiiiiiniilv riillnl |||,.
I'lii'ilii' Oi'i'Hii or Smiili Hcii. llio roNpci'livo oi(i/oiiM or Hiilijorls ol' (ho Hi;;'!! (Siiihinlin;;
I'oMors nIiiiII III' iioiliii'r iliHliiilud iioi n'slrninod. oillior in iiaviKnlioii or in liHliitiH, or j„
till' povNor III' I'l'Hoiliiiii' lo llio I'oiisl.vi, upon poinlH wliioii iiin) not iilri'iidy Iimvo Iioimi
lU'i'iipii'd, lor till' piirpuso ol' Iriuiin^' uilli tho iiiilivi'M, Niiving iiIimi^vh llio rcslrirlions
iind I'ouiliiions di'ti'rniint'd hy tlio lollowin^' Ailirli'H.
'• .Vrlii'lo II. Willui. view of proM'tiliii;; llii' rif;lils ol' inivii;alion imd ol' li-liiiijr
ovori'lsi'd iipmi iho <iri'al Oooaii liv llio oili/oiiM Mini hulijci'ls ol llio lli;{li Coiilini'liiii;
Powors from lu'i'oiniii;;- llio protoNl lor an illii'it Irailo, it ii ii'.jroi'il llial. llio oilizi'iii ni
till' I'liiloil Sliitos Nliall not rcMM't to iinv point wlicro llioro i^ a KiisMian oslaliiislniii'iil
widimK llio porinissioii ol' (lie ( iovornor or ( 'oiiiiiuiiidor ; and liial. roriprocallv, the .'Milpji'ds
of l»ii--sia --luiil not resort williont porinissiiin to anv ostaliliNlinioiil of llio I'nili'd Sliilus
tipoii llio norlli-wosi ooaMl.
' Arlii'lo III. It is inoroovor iijjrood tiial, lu'ioiitlor, llicio . shall not ho roriiii'd hy llic
oitizons of llio I'liiti'd Slati'H. or iiiidor tho iiiitlioiily of (ho said Slalos, any oHtnliiisli-
iiUMil upon Iho iiorlli-wosi ooast of Aiiiorica, nor in aii,v of Iho islands inljai'onl, to llic
iiorih of .')| -11) of north latiliido ; and that in the sanio luaunor llioro .shall he none
foiinoii liy Kiissian siiliji'i'ls, or niiiU'r tho aulhoril) ol' l{ii.'*Miii, soiilli of Iho siinii-
]mrallol.
•• Arlii'lo IV. It is. novortlu'loss, uiidorslond llml diiriiiftii lorin of Ion voars, couiiliiiu
fioni llio siiiimliiro ol tlio prosoiil t'oiivontioii, tho ships of liolli I'owoih, or uhich lu'lini;,'
to llioir oiti/onts or suIih'oIs re 'oelivelv. may roeiproeally lri'(|iiont. ivilhoiil, any
liiiidranee whatever, the interio' is, ;4;iilfs, harltoiirs, and ereoks iipmi the ^•n^.\4
nioiitioiied in the preeedin^ Ar> >r the purpose of lisliin^' iiiul Inulin^ wilh ijic
natives of the eoniilrv."
The 1st Artiele, hy earot'ully inontioniiif; the (Irrnt Ormn, and deHerihiii;>- it as tin-
oeeaii "eoinnionly ealled the I'aoilie Oeeaii or Sonfli Sea." ovideiilly ineaiiL to
distiiia;iiisli it from some other liody of water with wliieli the iief;oliator.s did not wish to
eonfnse it. Mr. Adams used the term"Soiilh Sea" in the despaleh qnoled liy Loni
Salislmry, and used ii with the same diseriuiinatiiii'- knowledge (hat pi'ivades his wliolc
ai:.juiiient on this iineslion. If no oilier hody of water existed within the possihle seopc
o[' the Treaty, siieli pa-.tieiilnrity of desi-ription would liave had no lo^jical ineaiiiiii;'. Hut
there was aiiollier hody of water already known as the Heiirin;j:'s Sea. 'I'lial name was
(irst uiiven to it in IM7, tieeordinj;- to l';n,i;lisli antliority, seven years hefore the Aiuerioiui
Treaty, and eight years hel'oro the Hrilisli Treaty with Unssia ; lint it had lieoii known a.s
a .vTd, separate from the ocean, under the nanios of the Si-a of Kmnteliatka, tlii^ Sea of
t)tters, or the Aleutian Sea, at ditlereiii jierioils lieforo the l-'iinperor l*aul issued his
Ukase of 17!)'.).
The iInd .Vrtiele plainly shows thai the Treaty is limited lo the (ircat Oeeaii. as
separate from Hehrinfi's Sea, heeanse the liiuilalion of the " north-wost eoast " ln'twion
the oDili and (idth de;>'rees eouid apply lo no other. That eoast, us dotiued hoth hy
Ameriean and IJrilish iie,«,'otiators at that time, did not holder on tho Behriiij^'s Sea.
The II lid .Vrtiele shows the eompromise as to territorial sovcreifinty on the iiorlh-
wesl eoast. The Uiiiled States and Great Hritain had hoth elaimed that IJussia's just
boundary on the eoast termiiiateil at the (iOth dei;ree north latitude, the sontliern honler
of the Aleutian IVninsula. Unssia elaimed to the olst parallel. They made ii
eompromise by a nearly eipial division. An e.xaetly e(|ual ilivisiou would have nivoii
Russia ot° ',W ; but 1(» miles farther north, Prinee of Wales' Island, iiro.seiited a heller
jioojiniphieal poiut for division, and lUissia accepted a, little less than half tho coast
of which siie had olaimcd all, and 51' W was thus established as the diviilius
point.
Tho lYth Article of tho Treaty necessarily grew out of the claims of Russia to a
share of the north-west eoa.st in dispute between the United States and Great Britain.
Mr. Adams, in the instruction to Mr. Middleton so often referred to, says: — ,,,, . ,
"My III)' Mini Ai'licit' nl' llii< ('oMvciiliiin lii'hvccti llic Hiiili'd Stntos niiil Orcnl
llriliiin "I' •!"' -"•li nclnln'r, |S|M, i| wiin M;iri'iMl Hint iiiiy (■Diiiilrv lliiil iiiiulil. lie cliinnnil
liy cillicr pnil.V on the iiiiiIIi-wi'hI (•(Hist iii' Ainrricn, wcshviud of llii> Slmiy MoiinliiiiiH,
sliiiiilii. iDRt'lli'T "illi \\h linrliiiiiiM, IrnvM, niiil rrccks, ami llic iiitnunlioii ol nil livcrM
witliin IIk' '4IIIIH'. Iii< I'lci' Mini ii|M<ii. I'oi lilt' liM'in of ten vi'mih rniiii llml ilnlo, (o the vcsMcIt,
citiiri'ii^, mill HiilijcrlM nl' the Iwo I'owtTM, vvillioiil |MVJiiili('o lo tlu! rliiiiiiM ol' i-iliuT |iiiily
or nrniiv hIIkt HIhIc.
" Yiiiiiiii'iMitliiiri/t'il (opropoHO nil Arlii'io ol' llio hiuiiv piii'iiorl torn Icrin of Icii yi'iiiH
I'riiiii llii' '^iV.iiiilili'o III' II JoiiilCiiiivciiliiiti lirttvi'iMi IIm> I'liilril S|iiU>-4, (iii'iil, lliilaiii, iiiiii
llll-'.iM."
h "ill III' oliMcivi'il Mini till" l\'(li Ailicic rcliilt-K hoIiIv lo (he " iimlli wcsl cimhI oi'
Aniciii'ii," si( well uiiilriHlooil iih tlic cdiihI uI' I Ii(< I'lirilic ( )(•> nil lictwccn ilio.idlli iiiiil llic
iHUli (Ic^i'ci'M iiorlli Inliltiilc, niiil, (ll«>l(>torl^ tlouN iiol in lliu n>iiiol«>Hl lic^ri'i! Iiiiii-li I ho
jli'liiiiiu''^ i^i'ii or tlir Iniiil iMii'ili'i'inM; npnti il,
Till" ki'vcimI Arlirlrs in (lif 'rimly Itchvi'cii (liniil. Iliilniiinnil KiiMnin, IMIi Kfbninry,
|8L'>'i, ll'< I I'iMilil have iiiiy ln'iii in^; on the pctiiliii); coiiliMilioii nrr hh IoIIimv,. : -
Ailii'li'H I anil II. (Stilislnnliiiliy Uio Niiini^ im in llir 'I'linly licltvci-n Uiis^iii niiil
(ill' liiiili'il Sinlcs.)
".\rli('l(< III. TIk* line of ili-iiinrcntion lirltNccii Uin poHirHsioir. oi' llir llit^li
(Idiiliacliii;;' I'aiiii'M, iipini lli«^ ('(m''t oi' Uic rDnliiiiMil, uml llic iHlan<ls oi' Aiin'ticii lo Uic
iKirlli-Hi'nl, hIhiII lie ilrawii ::• lli<> Mvinncr rollowiii;; : —
'M'ointncncin^ liotii the Honllicriiniost. point of iJic jhIiiikI (!iiIIciI I'lincr of HnlrH
jhIiiuiI. "liii'li lioint licH in (Jic painllcl of 54' '10' norlli Intilinlc, ntnl lictwccn the |:HHt.
iinii till' t-'l-'li'il (lc^^cc of wchI Ioii^jIimIc (ini'i-iilinii of (irci^nwii'lii, the Haiil lii i' mIiiiII
jiHCi'iiil lo llin iioilli, nioii;;' tlii! ehniinci ciilleil I'ltilltinil ('hninirl aH far ns tlic poiiil. <t\ Ihc
(Miiiliiieiil where il Mtrike.s llie rililii ile;i;''c«< of north Intiliiilt! ; from thlH hettr-mciitiomMl
|i()iiil Ihi' line of ilemnri'iilioii .shall follow lh(< Hiiinmil. of llie iiioiinlniii:^ silualcil paiallcl
id llie coast, as far aH llie piling of inlerscefiiui of the ItlHlr ilc<ri'ee of west loii^rjiii,!,. ,,,|'
the same nieriilian) ; ami, linally, Ircnn the itaiil poinl of inter.seclion the snid miriilian
jiiiuoftlie I list i!c;;ree, in ilH pioloii;ratiiin aH far as the I'Vo/eii Ocenii, hIhiII form the
liiiiil lielwn < I he UiiHHian ninl llriliHli puHHCKMioim on the: <!oiitineiit of America to I lie
iiorlli-Hcsl.
Aiiicle \', (Siih»liinlially the kiuik! ns Article ill of the Treaty hetucen Uiissia
iinil Ihe I'nitcil StuleH.)
" Article! VI. Il Ih nmlciKtooil that tiie HiihjcctH of HIh Ihitannic .Majesty, from
ttimlever i|iiiirler I hey may arrive, whether from the ocean or from Ihe inli'rior of the
iKiiiliiienI, shall for ever enjoy the ri;rht of navi^ntin^ fri;ely, anil without any liiiiilnuice
wliiilever, all the rivcis nml HtrcnniH wliirii, in their <rour.se townnls tin; I'acilie Ocean,
may cross tho line of diMnarcation upon the line of const ilcHitrihed in Arlicle III of the
present ('onveiition.
" ,\ilich! N'll. It in also underHtood that, for the space of leu yearn from llio
signature of the present t'onvenlion, tlu! vessids of tlii! two I'owim's, or those heloiiL'ing
lo llieir ri'sju'clive siihjects, .shall mutually Ik; at lil)erly to freipn'iil, without any
liiiiiii'Miice wlial(!ver, nil the inland sinis, the kuII'h, havens, and creeks on the co.ist
muiilioued in Article III, for the pur|iose of lishin;^ and of Iraiiiii;; with the natives."
After the aii'ilysis of the .Articles in the ;\in(ui('an Treaty there is little in the
Knu'lisii Treaty that reipiires explanation. The two 'i'reatics were drafted ninhir circum-
stiiiii'cs anil lillctl lo condiiions (piile similar. 'I'licre were some (lill'ercnees hi.caii.sc
lit' (iii'iit llritain's ownership of Uiitish AnuTica. Ihit these very dill'ercnces corrohorito
tlic |iosilii)n of tin; United States. This is most jilainly sc'cn in Articli; VI. ISy that
Arlicle Hie suhjecis of Her Mritannic Majesty were f;iiarant(;ed lIn; ri^ht of niivi;4aliiif^
i'reely the rivers emptyin;; into the l'ai;ilie Ocean and crossing the liiw nf ilvinarciitlnn
uimii tlir line of roast ilrsrrilird in Arlirli- III. Tin; lint; of demiircalion is ilesirriheii in
Arlit'le III as following; " the HUinmit of the mountains situated pnralhd to the coast,
IIS Jiir ii.s ll.c j)i)inl of ill! CISC ('lion of llic I ll.v/ dumci: (f wi'st liiiiijiiudr." .Article IV,
iliialiiyiiii;' Artude lllj specifies that "wherever the snuimit of tlie mountains wiii(!h
e.\t(!ml in a direction parallel to the coast, from the 5(5tli defjrec of iiorUi latitude to the
point of interst.'ctioii of the Mist deforce of west lonf^iliide, shall prove to he at a distnnce
of more than 10 marine leagues from the ocean, the limit helween tin; British po.ssessioim
'Mu\ tlic line of coast whicli is to heloiig' to Rtmsia. •.:^ ahove nieiiti()iu;d, shall he formed
liy a line parallel to the windings of the coast, and shall never exceed the distance of
10 marine leagues therefrom."
Hy hotli these Articles the line of demarcation ceases to have any parallel relation
to the coast when it reaches the point of intersection of the 14 1st degree of weat
-•Id
toii((Hiul«>, Kintii <lini (toiiit (lio HIM iIo^iim' hI* ut<fll IniiKiliiili', im iiir in II, cxiondi,
i-otiiiitiioimly on Iniul noilliwiuil, U (itlton nn llit> ItiMiiitliirv IioIwimmi IIio (oiiilotifq hI Hi,,
'rwit INi\M>i'N. It iq \\\»^ oviiloiil (lint llrilisli niiIiJi'iMh worn ffiiiiiiiiilct'il llio liuli). „|
nnviwHtiii^ only hiu'Ii livi'n mm ('iifHiMl tlu> IImi* oriliMUiut'Ulliiii ir/ii/f »V J))lh>u'i>tl llir liui' „i
i-Msl. 'I'liov ««'H> limiti'il, tliiMoron'. to t'u» livoi-n Hint t'iii|illi'il liilii llio Pncillr 0|i,i|,|,
liot«i'«>i> rtl'* 40 mill (10' iiiiiili liitlliiilo, tln« liilti'i lll•ill^ Ilio iioiiil <mi l!it« ci'iimI i>|i|Mmjlo
till' |iiiii\t wlioro tlu» lino iifilcnimi'iiHuii iIIvoijii'm, MkiiiiI Hi. lillin".
n.v lliiH AniiMMiiiMit (JitMil niititlii wni I'Si'liiili'il IViiiii nil rivors i>niiilviii!', iiiln ||||>
Mi'liiiii^'R Mt'ii, iiit'liiiliii^ llit> (Jii'iil ViiKdii iiml iln nllliii'til llii< Piiii'iipiiio, wliirli imi>, mimI
lor n iiMiH iliMlnnco (inw. in niili«li Aninirn. Ho ('(iiii|ili'li' \\i\» llii> CM-Iimiiiii rinin
Uoliiin^'H Son (linl (JionI Mrilnin Hinroiuloroil in lliin ohho a diMliiiio iijiirli mIk" lim,
rtii!o(l i,i i\n|iiO'<«insi upon llio t 'oii'^ioqw nl' N'ionnn I'm- I'linoiionii livoin. Mlio iljil imi
iloinnml mooohm Io llio won IVoiii n nvor wlnmo homioo wiih in lior loriilorv. Mlio ooiiiJi'iiliMl,
l\v Nifji'iim llio 'IVonlv ol IS'N'>, ((I •niol> (otnl ovolimion lioni llio Miliiiiifi'H Hon mm In
linogo iollo«in,y hot oimi liioi to il'< inonlli in llint ^on,
ll hIw^h n oniioiiM iiw^ooinliini of polilioiil ovoiiIh Hint in llio \Vn«liiii>>:ltin Tionh nf
I .1 >ji..i , I...1 i.. «i 1 II.. !...!.. ll :..:i I' !....il...., ll... \-..i
II NIIIMIM II rill IIMIN If^MIM'llll inil III I'IMIIII III I'llMIIH IIII1I III I III" II IINIIIM^IIIII | II'IIM U
IMTJ llio I'liiloil SinloM oonooiloil In (Jionl lliilniii llio (iiivilo^o nl' iiiiviyiilliin llii> Viiluu
nnd ilH Iniinoli llio l'oroii|niio (n tlio lloliriiiji's Hon in oxoliniifio Ini ooilniii piiillcm.
oonooiloil (ll llio I'liiloil Hinloi on llio SI. Iiimmoiioo. 'I'Iio ioi|noH| nl' (lioni lliilnln In
llio |iii\ilif>o ol' iiiiviontiiifi llio YiiKoii nnd llio riiioii|iino in ii hiih^iohIIvo onnr-HMiiin llm
ii ,>.>u .> iili)...l.t ('>.>■.. l..,i. I,. i> ;,. :.. ll... '1'....,.!.. ..r luo-i .. :ii.l..il,l !....>.. , ii... ,:.
nil
III
lull
1 in I 'I I » III f; I- 111 nil I ij^in iiiv i iiv i iii\iiii iinii i nr i in i-ii|iiin' im n mii^;^i-ni 1 1 1- iniii ■•hhmiii IMH
il rtns williholit I'loiii lioi' \\\ Unvsin in llio 'I'loiilv ol' IM!!.^. williliolil lii'onii«o llii> ilvi'i
do « Oil (o (iio Holninii'N Son.
llio \lllli ,\i(iolo iM |iinolionll,v a lopolilion of llio IVlli Viliolo in IIm- TmhIv
lv,>l\voon Kiissia ami llio I'niiod Slnlon, niiit (lio jiiivilofio ol' liHliinn ninl (rMiliiiii niili |||',.
iin(i\OH '<« liiiiiloil III llio ooiisl nioiiliiinoil in Ailiolo III, iiloiilii nllv llio Nniiio lino nl iMnmj
Mliioli til-'" "■■>'■ "' i:i.--<>' •.• ' ll.- I- <.• • I- ii.:ii..i. i ! I. I. ll
ll
ll
liioli (liov «oio III lilioilv 111 pii-iH (linniitli (o lonoli UiiliMli \iiii'iion oi li romii llio cdimi
oni Uiilixli .ViiiiMion 'I'liov nio ovi'linloi! I'lom jjuiny iinilli nl' llio inoMoiilioil |iiiiiil nn
lio oonsi iioni Moniil St. Mii'm. ami nio llioiol'ino ii- , i mil ol i'.olniii}! '< Moa,
It is to lio iiotoil llinl llio nofiolinloiM li llii° 'IVonlv iii ilolliiiini llio lniiii)ilni-y
liotwoon llio IJimiiiin nin! Hiiii-j|i |niMMo><Mioin ooiihi> to hIihiivo |ini(ii'iiliiiliv omwHv
111 llio (iiiint till tlio oonst mIioio il in inloisooloil liv llio iliMli |iiii'iillol. '.''I'liiii iliiil puinl
tlio lioiniilarv i-* iloxifiiintoil l>v llio iiliinwl imioliiiilo pioloiifiiiliiiii norllnviiKl nl Iln
I list ilojvroo ol' loiijjitiiilo \\^'•<^. ll Im plain, llioiolorc. Iliiil lliiH 'IVonlv, liKo llio Itimmi.
\nionoiiii Tii-nlx. liniiliil tlio " iioidi-nosl ooiimI " to lliiil pnit of llu' omul Im>Iv.oi'|i llir
.M<lli ainl ilOdi piir.'illolN o[' iimlli lnl'',i!i'". iim I'iiIIv hi' Inilli liv 'I'r. Miilillilnn in llic
Pi oIoooIm pioooilniji llio 'IVonlv liotiioon llio I'liiloil Sin I't niul Uii4-:ir,. 'I'lio lufMilininiH
110X01 lou.lioil Oiw loot ol' ''■•' '■ ' ' ''■ • <'■"••"■•■■ " >■■•'• : ' •
ivllllil, illlli
iiiiiii I'l'iiMM'ii iiiv I'lUM'ii »^in I'M Mini nii'^^"j. iininf^niiinniN
ll' llio Imninlniv ol llio Holiiiiiji'' Son, iiliollior oii oonlini'iil m
,-,11,,,, .,.,,, novoi- ovon iiii>ilo n lol'oionoo lo il, ll'-i iionr'"-! pniiil in ItiiMlnl lliiv iviin
t,".*<>0 iiiilo^ ilixtiiiit I'loiii llio lii'lil i>l'iio<.',oliiiliini Ih-Imooii llio I'linoM.
ll nuis( lot lio riii<;niloii tlint llii'< oiitiio iiojvoliiiiion ol' llio llnoo I'owrrn pioii clnl
Willi lull Kiio«lo(l>;o niiil loi'ojiiiitiiin ol'llio lUuiso nl' I.S'JI, Wliilo all ipioMlioiw iniirliiiiK
tlio lospoolivo lii-.lils ol llio i'oMoiM on llio iiorlli woxl ooiol Ih'Imooii llio riillli iiml iiiH
lin- I !•> jtii I 1 1 !■ ii;;in:^ I'l liu' I imii'im imi ini' lliMUl III"*! llMl'-l ni-|»iii-n mm- h»m,i mimi mi
)virallols woio ilisoii'i--oi| miiI piossi'il In oiio hIiIo oi iIio ollior. iiiiil lliiiilly ii;',iooil iijn
iliO toi'iiw of llio I'Kn-., ol" l^^'JI, ill iiliioli llio Miiiporor sol I'lnlli ho riciiilv llio ri»lin
olniiiioil illlli ONOioi'Oil l\v liii^sin in |li,< Uoliviiijv",) Son. wimo iiiiliniolioil ciiil iiiiipioiilioiii'il
Tlio»o vijj'-.ts woro tlioiororo ailiiMlloil liv nil llio IVnvois iio};o(iMiiii!>' h< wiiliin jjio
,. ,.,:..., .,«' i> ;..•.. 1.. 1 1. ...;,.. ll.! 1 ll... I. .11 ;....:..l..i.. i.., i,'....i i
lO'llllUl
ov. loiso of ({iissiti's liuiliil iiiilli.uil V llioii. iiinl lliov wni- I'-ll iiiviolnit
ilililli!:' !lU tiio Mlli-oiploiil oniiliiiiiiuu o i>r l\iis>.iii's (Iniiiiiiinii ov'i' Alii'^kii
i lioso Tioal. ". iioio lliorotoio n piiiolionl roiiiinoinliiiii, liolli nn llir pnil nl' rii;;l]iii(l
,»n>l \\\k ruilOii Sl.uos, of niiv ii>;lils ir. tin' wiilors of Ho1iiiiij;'s Sea. (iiii'inu,' llio poiioil nf
Knsvia's sovoiviiinlv. Tliov loll, llio lioliriii;,''^ Son, aiiil all itn ooiihIm iiikI iHlmidH,
prooi^olv a-i (lio I'kaso k\\' .Vlo\ninloi' m ISJl lofi tlioiii lliiil !-<, iviili llio pmliiliilii'ii
;i;:.r,iist any vos>ol ;ippiiinoliiin< nonroi to tlu' oonst tluiii imi llnliiin iiiiiiw iimlor iIiingT
ot ooiili^iMlioii, 'Tlio oiijiinnl I'knso of ,\lo\iiiiilor of IS:,'i olninii'd an fnr miiiIIi n.s t.ic
.'lis! iloan'O of nnvdi I.Uiliulo, uith l!io inliiliilion nl' 100 niilo^' I'roiii llio ooiimI npp'yin^ to
o II n
llio losull of tlio protost of Mr. Vihnii--. foHoivod liy llio oiMipoinlioti ol tiroiit
l^rifain, was to I'oioo Kiissin Iciolv l>i .'it Id as licr soiidioiii lioiiinliii'y. Hiil llioio mis no
roininoi.uio., ulmiovor on tlio purl ol' K'ssiii as In llio Uoliriiiji's Son, In wliioli llio TLasc
o^poi'ialiv aiiil priiii:iril_v applioil. As piooo tif iciiisljilioii tliis Ukiiso ivns iis Miiliinri-
t->.nv,- ii; tlio lioniiiiions of Ku^-in n,-; ;iii .Vet of Pailiainoiil is in tlio iloiniiiinns of (imil
niitain or any Aoi of (.Vnijjross in tlio loriitnry of tlio I'liiloil Sialos,
Ixoopt as vohiv.tnrily mmiitiod hy Hii'-sin in tlio 'I'lonly willi llio Uiiiloil Slili'S
iTth April. I5'.M. and in "tlio Tivntx ixiiii (Jro,>l Urilnin. KllliFoliriinry, l'<'-'.', llio I'iinM-
rofi
i,|'|M2l hIooiI iih III!' Iiuv I'liiilinllJiiir ||it< KimHiiiti iiiiHHnnHioiiH in AiiM't'li'it iiriUI IJm< cIuhc of
lliinniii'" owin'mliip \<y 'kmimIi'I In iIiIm (Jnvt'innu'lit. lloUi Uh' Unilcd Htitli'M itrid <ln'ii.,
|liiliiiiMri'ii(iiii/',('il il, ii'iipi'di'il il., iilicy/'d il. Il ilii! iMtl, MK Nil iiiiiiiv Mii|i|i(i'i(>, ili'i'liirn
||ll< |l('lMill(i''' Hi'M (o III' iiiilli' iliilfilllil. \\. llill lIl'CJMIf lilM.I IIm' WMI'TH, III till' I'xirill. (iC
lOOmili'i iViitii IIm' "^linirH, Hi'ii' ii'Hi'ivi'il lor llu' niiIiii- ■ " nl' IIh- Kii^Hiim Kiiniiiriv Ol'
iiiHiii'. iiiiHiv immlii'd iiiiji") I'lisl Mild tvi>«l umiI iiiiiIIi miiiI "ipiiIIi wmi- Him-; ii(liiili<'"'Hlly
lili In Kii'^'jiM li'i III!' nliiili' ll^liri.v, mid I'lii' llHhiiifii npr'H iinil lici' In llii' world, of .fliirli
iillii'i Miilii'iiM loolt liii^i' iidviiiiliiiii'. i'i'rliii|PH, ill |iiiimrnit< IIi'm iidviinlMifi'. rotcifrnurM did
i,ol iiliviivM lii'i'|i I'ld iiiili'M rmiii llii' mIiiiii> ; lull. Ilio lli(>ory ol' linlil, on wliicli llicy
I'lilidlli'li'd llii'ii liiisiliCHH iiiiiiioIi'hIi'iI wmm tliiil lln>)' oliM'ivi-d lie condilioiH ol' llii<
llitii'"'.
jliil Ilii' MHi mill' ii'Nitii'lloii |M<iroiiiii>d llio rniii'lioii I'or whiili il. wim H|i<'i'lallv
iji'itiuiii'il '" jiii'viMiliiii', liiiri(jiii iiiilioim I'loiii iiiolf-diii^. 'liMl.iiiliirifr, or liy iiiiy iioHMiliility
tiiiiiiii;; ill III'" I'll' liiiiti'. 'I'Im' I'm Inido lormi'd llic |iriiici|iiil, nlmo'il llii« sole, ciniiloy-
iiii'iil ol' IIm' llilHHiiiii Amriicim ( 'oiii|iiiiiy, il loiiird ih i>iii|iloym('iil, indeed, lo wiieli n.
ijcjrri'i' Mini 11. H001I lici'Miiie liiiotvii only iim llu> IliiMHinii Aineriinii /''»( <'oni|)nny, <ind
iHiile HiinncMlively lliiil niiiiie Im /riven lo Hi" ('iitii|iitny liy l/ord KiiliMlniry in Mie deN|i«teli
liMvliii'li I mil ri'|)lyiii^. Wliile, Hieii'lore, lliere iiniy Iimv(< lieen ii, IrirjM' irinoiinl, ol'
liiwfiil wliiiliiifi mid llHliiii» in lln' lii'liiiiii',''< Hen, Hie Inliini^ ol' I'mu liy I'oi ei^iier« wim
llhvilV«mid l.lldei ii!l eiirmiiMlniieeM illicil,
l'rii;li(ren yeiiiH nllei ilie 'IVeiily ol' [''•'Mt (in I ^ )'>)') i< ill. ISiiliiiii miide m * 'ommereiiil
Tri'iilv willi iltiMMiii liimeil on Hie |irinei|ile ol' recipioeily ol' iidviinl.'itfeM, Inil. Hie riylil.i ol'
llio KiiMHimi Aineriemi ('om|i.iiiy, whii li under liolli {'kii^cH incliided Hie •^overeifrnly over
llic iii'il In Hie e\leii( of |(ll( inilr: rioiii (lie Hlioien, were reMCived l»y H|ieei(il limine in ii
iii'|ilirnle Mild Mpeeiiil ,\l(ie|i' fiiiiiii'd iil'lei Hie piinciplll AllieleHcl' Hie 'rreiily lilld lieeii
rniiclinleil mid nijined AlHionj^li I'lili'tli riiflii^i were enlnrtred wilh neiirly nil oilier pnrtv.
of llie KiiH.Mimi I'linpiie. lui nliiiioiiM willi Hie ilii^Kimi poHniwHioiei find vvilli Hie \uA\r'\u<^' i
Si'lUi'inilined ill pieeinely lie- iiiiie piiilil wli're the Treiily of I ••'<}.•■> Iiiid pliiceil tliem.
A^iiin, ill iHTi!!, Oieiil lliiliiiii iilill Imllier eniiMKed liei coniioerr'Ki.l reliilion^ willi
lIlC rilllpei el III' illl-'^iil, mid iiiOlin Hie ' po^!e^^illn'l " luid Hie I'lilii iii[f'r< Hill, vveie held
liniily ill llirir lelnlioim lo Hie llieisinii Aiir-ricmi <'ompmiy n-i Ihey lind heen held in Her
Truiiy ol' ini:'.
II Im eMjieciiilly miliililit Hiiil., Iiol.li in Hie 'I'leiily of I '.4.'! mid Ilie TrenLy i,\' |Mr«!), \\,
in ilri'lnred ihiil " in reirmd lo coinineree niid niiyij^Mlion in Ihe litm.iiiin poHSfM-iiorm
nil Ihe norlli-wenl eme-il id' AiiieiicM. Hie Cotivenlion eoneliided iit. f',|.. I'eter-ihiirijh,
li'hli l'"eliiiimv, |H',;/'i, iiliiill eiiiilimie in I'oii;!'." The i<,inie diMliii'(i";i iind Hie .-iiime
rcsliiclioim n liieli Mr. .\d(iiiei niiide in reffiird lo Hie noilhwe^^l coii-tl, <,!' Anierien. were
'.iijl (ilwervnl, itinl 'Jrenl. i'liiliiin'H ii.ei'eHM I'rom or lo Ilie interior ol' the eonl.inenf. wim -ilill
limitiMl to Iliiil pint ol' Hie eoied, hel.ueen /> I ' 10' mid H point, nem .Vloiinl. Hi. l'"/li(m. 'I'Ik'
Iniiiiniiiri' ol' Hie lliree '(iiKso-MiiliMli Trent iei; ol' \WJ,U, i'<'|.">, (Hid IHft!) (!oire<ponrr-( wil.h
llinl ciiijihived in Mr. Admii.4' di -.pnleh lo Mi. Middi'ton to which refereri'e hns m(»
liri|iii'iillv 1 II miide, Thii kIioivk Hint the trne nienniiiK ol' Mr. Adnrn.H' [inrnvrnph ii
Ilic key, mid indeid the only liey, hy whieh Hie Tre(il.ie« enn In- eorrecHy interjireted,
mill liy wliiidi expreii^imn Mppnienlly eonlrn.di(rl.ory or nninlelli|/ihl(! can he rendily
ii,:rin(iiii/i'il
liiiiii"dinlely lolhevint.', the pnrtini rpii)l.(i.|.ii,n ol' Mr. Admni' despnlcli, fiord Hfili.'ihiiry
i|iiiili"< Ilie ciine ol' ihe I'liitcd Hinle-i' hii[^ " lioriot. " im iDiviriii; •<ome hejiririi^ on t.fie,
i|ii('slioii reliiliim lo the liehiin^'fi Hen. 'I'lie cmte happened on l.he lot.h H«; pie rn tier, M-'i'i,
mill Ml. l''oiHylli, Serretnry ol' Hinte, in a deijiateh l.o the l.'niled HUiten' Minister nt,
SI. I'i'lei'<liiif|i, deelnred Ihe eoiirHe ol' llio MiiHHiariH in arresting the vennel Ut he a
viiilalioii of 111' rifrhlH ol' Hie eili/eim ol' t.lie l/iiited HtateM , he idnirned that Hie eii.i/e.n.t
III' till' I Ilii!' d Hlati'H lind the rioiii. irntrieriiorinlly, hH w<!ll ah hy the Htipulatiorm of the
Troiily ol' :H21, lo rmh in tlioHe waterH.
Lord Hnlinhniy'n mideiKlnndiiij^ of the. caHe differs entirely from that hehl hy the
(liivcriiinent of the United Hinte.i. The " Ijoriot" was not arretted in the F^:hrinJ('^ Hea
nt nil, nor wu.h mIic entrn;;ed in Inkinj; I'lirH. Hhe wan arrentf-d, n^ .\Ir. Fornyth in his
ii('s|iiilch Hiiyn, in Inlilnd" ol," hh', more, tlmn f!') n:ile« Month of Sitka, on the. " norr.h-weHt
cdii.hI," III which, and to ssliicli only, the Tn-nty of IH'JI relerrcd. liiissia upheld it^
action on Hie jfioiind Hint the ten-year term provided in the IVth y\rticle 'if the Treaty
lilld clo'<ed two yenrn hefnnr. The cftHe was made the hnsin of an application on th.,
[Kirt of Ihe United Hiales' (Jovernment for a renewal of that Article, This applicatirm
WHS pi('s.se(l for Hcvernl yearn, hut linally and ahHolutoly refiined hy the Itu.sHian Govern-
ment. Under the eiaiiii of UuHHia tiiat tlie t<rrn of ten year.s had expired, the (,'nited
HliilcH failed to sciuiro any rcdi'css in the " lioriot" caHC. VVith all due rcsjH;ct to Lord
(1281 3 X
i
V-
u
S :
S.ilisltiirv's jinlfrmonl, (ho onao of Oio " lioriol " suMliiiiiH tlu' oniii'P cotrndnoHs nf i)i,.
|ii)«ilit>n .>r (h(> Uiii(otl Sdilos in this conliMidoii.
It only roinnins to saj that wlmlrvi'V thity (Ircat RiKain owed to Aliishn im „
Unssiiin piDvinro, whulovor siic iifi;roiMl (o Oo, or to rolViiin IVoin (h>in;>', (oiicliint; Alnsliji
iuui llio Itchrinfi's Son, wns not oliiuifjcd hy the nicrc liiot of" (lio (tHnst'or of sov('i('iM;iiiv
(o (he Unilod 8(a(oM, It was ('Xj)h(<it|v ilodaroil in tlio Vlth Aiticlf of llic '{'rcnty In
wliioh I lie ((Miitory was cimUmI hy WnsHia. (liat "tlio ccHsion horchy inaiU; convoys nil tjic
rinlifs. IVanchisos, and priviloftvs now hcloiifjinj;' to Unstsia in the said (cnildiy m
dominions, and aiijHnlonancoH tlieivto." Noilhor hy tiio 'rivuty with Uussia of IMJA, nnr
h) its ronowal in 0*4'^, nor hy its second renewal in iHrtU, did (Ircat Hritain kiiIii nny
riglit to (akc seals in liclirins's Sea. In fa(!t, those Treaties were a prohibition n|HMi lni
which she steadily respected no lon<^ as Alaska was a UuMsiaii luovince. It is for Ureal
Mrilain now lo show In- what law she fiained ri};hls in that sea after the traiiHi'er of iK
soverei^'nlv to the I'niled States.
l1nri'.if>' all the time elajtsin^;- helween the Treaty of 1H"J& ami the cession ol Aliiska
to (h(> United States in I8((7. (ireat Ihitaiii never allirmed the rijrlit of her suIijccIh id
oaptnre fnr-seal in (he lU>hring's Sea; ami, as a matter of fact, her suhjectH did iidl
dmin;^- thai long jjcriod attempt to catch seals in the nehring's Sea. Lord SaliNliiiiy, in
repl.^iiiju- to my assertion (hat these lawless intrnsions iipmi the I'nr-scal lishe'-ies iM'i^.'m in
lS8(i. declares I hat they had occnrred hefore, lie i»ointH (mt one a((omp( in 1M70j||
which forty-seven skins uere fonnd on hoa>d an intrndintf vessel ; in IH/U there wiisn
rumour that espodilions were alauit to lit out in A\isiralia and Victoria for (he piirpnH-
of (akiii;;- seal in (he Hehring's Sea ; in IS74 Home roi)or(s were heard (hat vessels Imil
en(er(-d the sea for that purpose ; one east> was repor(ed in lH7r>, (wo cases in ISS|,, («„
also in IfH.'V.
These cases, I nniy say, without intendin;^ disrespect (o his Ijordship, piovc tin'
truth of the statenient which he endeavours to controvert; hecausc they form jiim a
sutlicicnt nnndier of exceptions ti. estnhlish the fact that the destructive in'rusion lic^'iin
in JSsii. Ihit I refer to them now for the purjtose of showing that his Lordsliip dni's
not attempt to cite the intrusion of a single Hridsii sealer in(o tlu' Heli.ing's Sea imlil
after .Alaska had heeii (ransferred to (ho United States, I am Jnstitied, therelorc, in
repeating the (picstions I addres.sed to Her Majesty's CJovcrmnent cm the r,'2ud of Insl
danuary. ai\d whicli still remain imanswcred, viz. : —
" Wiieiice did the ships of Canada derive the right to do in ISH(> that which tlicv
had refrained from i ling for nearly ninety years ?
"Upon what gu)inids did Her .Majesty's (Jovermnent deiend in the yearlssila
course of conduct in the Hehring's Sea which had heen carefully avoided over since the
discovery ol that sea ';'
" My what roiisoning diii Her Majesty's (ilovernnient conclude that an act niny lie
committed with impunity against the rights of the United States which had never liwii
attempted against llu' same rights when hold hy (he Kussian Kmiure ?"'
I have, &o.
(Signed) JAMES (J. BliAlNI';.
No. 375,
•Si/- ./. Pduiicrfotr to Ihv Manjuis of Snlisbury, — {Receiver) Jiih/ 3,)
(Telegraphic.) WnslniKjlon, Juh/ JJ, 1H!I().
I HAD a long interview with Mr, Blaine yesterday. He said that his health \hw>-
sitatod his departure, ami that he had decided to leave for Bar Harbour to-day.
Alhuling to the Behring".> Sea (|uestion, he said that it was too late now lo iiiaki'
any ivrraugcment wliich would all'ecl the present (ishory season, but that he was pieimrcil
to continue the negotiations with me from Bar Harbour, as I should probably soon he in
the neighbourhood.
-- , ■ ■'. ■:■ - ■■''.'■' No. 370. V. ' '■ ' ' .-II ' ,
Sic J. Paunrefote to the Mnrijuis of Sulifibury, — {Received July 7.)
My T.ord, >Vashington,June Ifi, ISOO.
1 HAVE the Imnour to rejjort that on Saturday, the 14th instant, as instrucledin
yoiT Lordship's telegram of the 11th instant, 1 addressed to the United States' Seorotnr)
507
iif Btiilc (111) ProtoBt ftRftitiHt any fiirthor intorloreiicc witli UritiHli hchIoih in llcliriiiff'H
^ct\, 111" ''•'""' «»l'"lii<:l' wiiM ineloHod 'v- your lionlHliip'H tloHimtcli oC tlio ;i!Mli iilUiiio.
I liivvo the lionour to iiicloHo luM'cwitli copy ot tno I'rotoHt iih delivorod, t()^;otlior willi
popy (il'tlic covoriiij^ 110(0 (o Mr. Uliiinn.
I liiive, ^v..
(Higncd) JUMAN I'AII NCKKO'IT..
Iiiclosuii) I in No. ;}7(5.
Sir ./. Piiuiirrfnlr to Mr. lilnlvr.
.•>'-'■ '^ ' ' , ' '
j^ir^ ll'fislilnijidii, ,liinr \ I, |H')0.
WITH rclVrciii'c (o (lii.' not(! wiiicli I liiid (Ik! lumoiir to nddiVHs to yuii on tin;
I nil iiislnnt, I ilcHin- to ivxprcsH to yon my (li'('|» rcffrct iit Imvin;;' IjiIIi'iI up to tli(' incsrut.
limi' to obtuin IVoni yon the iiHsunin(!u winch I liiid lio|t(Ml to ii'ccivc, timl dinin.'j,' tlic
(Mintiinifincc ol' onr iicK'otiiifionH tor the mi'IIIoiiu'oI. of llu; l''nr-Kciil l'"islicry iincslinn,
Kiitisli scMlin;i-V('sHolH wonid not be inti'rrori'ihvilli by Uiiitod S("t<'H' Kcvi'niM' crni/.ris on
(III' Iti'lirin;;''^ Wcii mitsidt! of tcrritorini wiitrrs,
llnviiif^' Ifiirnt I'roin ■.tiitcincntH in the |inblic press iind (Vmn ollnr soiirec;. Iliiil Mht
|!('\enii('-<'rni/,('rH " IJiisli " and "t'orwin" are nou iibniil to lie ilispiilcbcd In tin
l!('lninu;'s ^i'". I <'!iniHit. roiiNlHliMitly with the inntruetions I have rtM'eived tVuin my
(liivcrnnieid. any lon;i'er deter (lu> conininnieation of their I'ormal I'rulcsl, aiinoimceil in
my notes nt' the 'J-'trd ultimo and the I I th instant, ajiiiinst any sncli i?il(irerence with
|fiitinh vessels. I have n(;cordiiii;ly the hononr to transmit tlm same herewith.
I ,nive, iVe.
(Signed) .JULIAN I'AlINCKKOTI':.
Ill
lial whicli (liiM
IiicloHnre '2 in No. ',\T(\.
I'rnlvsl.
'I'HK llndersjijinod, llei llritannic Majcisty's lllnvoy I'/xtraortlinary iind Minister
i'jenipei tiiny to the I'nited States of America, lias the hononr, by instrnctions of his
(lovert '" nuike to the Hononrahlo .1. D. Blaine, Secretary of" State ol (he United
Stales, llh i\\ iif;- <-onittMtnication : —
ller Ihitannic Mniesty's IJovernmcnt liav(« learnt with great concern, from notir^cs
wliich hav<' appenrci! 1 the presH, and the gonernl accuracy of" which has f)een conlirmed
i)y Mr. Mlaine's Htatenionts to the I'ldersigned, that tin; (lovernment of tiie 'niled
Sditcs have issued inrtrnr-dons to their 1\i vcmue crnizorsaboid to lie dispatched to lielir ingw
Sett, under which the veKsels ol' Kritish sMbjei-ts will again he e\pi>sc(l, in the prosecution
of their legitiniat() industry on the high si is, to nrdawf'ul intcrt'i-rence 'it (he ii;inds of
A'ncricaii oHieers.
ller llritannit; Majesty's (ioverinnenl are anxious to co-opiM'ate (o (he lullest extent
(iC llieir power with the (lovernnnnt of the United States in siu'h measures as may he
IoiukI to he expedierd. for the protection of the seal lisheries. Tlusy are at (he present
moment engaged in examining, in concert with the Oovermnent of the United Statics, the
best method of arriving at an agreiim upon thiw point, hut they eaimot admit (In;
rifflit of the United Slates of tlnii w sole nn)tion to restrict for this |iuri)ose the
traedom of Mehring's Sea, which inr Uidted States have tliems(!lvcs in fornnM- years
convincingly and succe.ssfidly vindi(^nteil, nor to enforce their municipal legislation
•i;;iiinHl ilritish vessels on the high seas beyond the limits of their territorial jurisdiction.
ller Ihitaunic Maji-sty's (lovernmeiit are thert'fore unable to p;iss over without
iialicc the |iui)lie amnunu'enu'id of an inlfution im the; part of the (iovermuent ■' le
Dniteil Slates to renew the acts of intert"erence with Uritish vessels navigating on. .ide
tlic t(!rritorial waters of tlu^ Unile.d Slates, of which they have |M(^vionsly luid (o
I'uuiplaiii.
The Undersigned is in conse(|uence instructed fornuilly to protest against su(di
inti'iference, and to declare that Her FiritiiniMc Majeslv's (lovernment must hold the
[128] ' a T L'
Si i'
508
Government of the United States rcHponsibli' for the conscquonccH which may ensue from
nets whieli are contrary to tlie priiieiplcs of .nternational law.
Tiic llM»ler.sifrni'(l Iuih tlio honour to renew to Mr. ilhiinc the assurances of hiij
hif^hcst consideration.
(Si;,'ncd) .llHilAN PAlJNCKi'OTi;.
.No. ;i77.
Sir J. Pnuneefote to the Marquis of Salinhury, — (JleceivHf, July 7.)
My Lord, yVimhini/lou, June 27, IHIK).
I ilAVI'] tlic lionour to transmit hercwitli a remarkable article on the sulijcct
'^f the iJeiiring's Sea ncjj^otiutions wliich appearoil in Die "New York Herald" of
yesterday.
T have, ^cc.
(Si-ned) JULIAN PAUNCF'^FOTli,
Inclosure in No. 377.
Kzlniclfrnm I he "New York IhriiUl" of June 2(), 1H!)0.
(From our rcf^ular Correspondent.)
" Hrnilil" Bureau, corner of Fifleenlh ami (1 Slrcrln, N.IY.,
Washimjlon, June 25, 1S<)(>.
'rilij slory of a recent interference 1 y the I'resident with tlie conduct and i)roifrt'ss
of the l?ehrini;'s Sea nejiotiations has been circuiatinf]; 'onlidentialiy in Wasli'm^loii for
several wc'cks. Its |)nl)lication now, after the intorijosilioii of the President liad ('cased
and tlic niischief tlwealened l)v it ha I iv.ssod away, is rcii^arded in some (]uarti'rsiis a
countei-aMack on .Mr. IMaine for his allowed 'rarilf heresy.
'riu> fo'I'iwiiij;- is a plain statement of th<! facts of the Hehriiifj's Sea ('jtiHdilo,
obtained from nii authoritative source. It sliows that, as soon as the l'r(sideiit saw tlic
(•onse(|uences of his well-meant intention, and that he had st'])arated himself in sonic
def;ree from Mr. Blaine, he hastened to reunite himself to the Secretary an'l to
strengthen the hitter's po.silion to tli: fullest extent as against adverse inlluenccs in the
Administration.
Steps in Diplomavji.
'{'he oral discussicm of tlie i?ehrlng-'s Sea (luestion began between Secretary iilaiin'
and Minister Pauneefote las"., .lanuary. The Secretary advanced and the Minister
c(nnbatoil the claim of a territorial jurisdiction by the United States over all that part of
lUdiring's Sea lying east and sontli of tlie boundary-line drawn Ibrough I'ehring's Sliiiit
and across the sea b} the Treaty "itli Russia for tlie cession of Alaska to th's country.
Without (Mining to a. head the discussion was laid aside by mutual consent and without
prejudice to the ])osilion of cither party, for the reas(m that the I?ritish Representnlive
admitted that his (iovcrumcnt Avas not only willing, but desirous, on grounds of gonil
ncigbbourh'iod and of a mutual interest, to ttiter into an arrangement that would
elllciently protect the .-^eals resorting to Jiehring's Sea from injurious molestation or
slaughter.
.\s these were the very ami the only objects for which the United Slates' (iovcrn-
ment was desirous to establish its elaiv.i to a territorial jurisdicti(m in the waters of the
sea, it was agreed to shift the discnsMon to the project of an international regulalicu nf
seal-catching \\ herein a prohibiti(Mi jf marine scaling during the annual breedmg scnsmi
shmild t\ ill a loading |)osition. Uussia, l)eing a necessary i)arty to such an arrangement,
and liaMiig an identical interest with that of the nnite(l Stales as the owner ol seal-
roolicri. - in Hehring's Sea, was invited to take part in the new discussion, and did so
thiough its Uesident Envoy at Washington.
Mr. Dlaine, however, was not .'■atistied to rest wholly ni)on the Britnh assurance that
Knglund was even soinetliinjj ntpre than wjlling to assist the United States in taking due
5(m
(.ftipof it« f-' ill property. In preparing for his friendly and informal conferences with
the lli'it'Nl' .Mi'iister he had taken, upon his notes, a suggestion to draw into <liscussion
the (lucstion, in view of the peculiar hahits of the fur-seal (which tliough nomadic during
iiiirt of each year returned regularly and for a considcrahle period to its home within the
United States), whether this (lovernmcnt miglit not lay claim to a riglit to extend u
reasonable protection to the animal during its various movements in the waters
Burroiinding its rookeries.
Tiiis (liscussion he j)resscd upon the Minister, relying upon the wcll-estahlishcd
Bnglinh doctrine of the " intention to return " to oflset the legal argument that property
in auiiiialu of a wild nature is limited to the period of jxtssession. This second and
independent claim to a police jurisdiction in Kebring's Hea is still pending, and the
iirgunients on both sides of it have been fully and formally stated, with the help of
eonipetcnt lawyers, and made matter of record, should it ever become necessary to revert
to ihc claim.
A Close Season.
Up to the stage above indicated the negotiations had proceeded witliout obstruction.
Not till the Plenipotentiaries came together to settle principal details of the agreed
International Kegulations did it appear that while the United States contemplated a close
season in ]*>ehring's Sea covering the whole period of six months or more during which
the Hciils were moving into and out of the sea and were reposing at the rookeries, Great
Dritiiin proposed simply such arrangements as would reasonably guard against an excessive
cateliing of female seals, by which the perpetuity of tlie licrd would be endangered. In
hcu (if a single and continuous close season, covering the nhole time of the yearly
picsencc of the seals in Mehring's Sea, which was the project of the United States, the
lliilish ))roposal was of two short periods of closure, one during the inward and another
(hiring the outward movement of the seals, supi)lemented by a broad belt of isolation
around the rookeries, which no sealing-vcssel was to penetrate.
Mr. Hlaine was confident tiiat the Senate of the Unite' States would not ratify such
a Convention as the British [Menipotentiary proposed, nor Congress enact the legislation
nei'cssary to give it effect. Sir Julian was equa'iy sure that neither the British nor the
Tiinadian Parliament would legislate upon the broad lines laid down by Mr. Blaine.
Still both Plenipotentiaries were agreed upon the principle that there slioidd be an
I'liective regulation of the sealitig industry, to be attaincul by mutual co-operation. The
Kiissian proposition accorded with that of the United States, but the Russian Minister
loft it to our Government, as the larger proprietor of rookeries, to act for both.
The real (rouble lay in the statements and ojjinions of experts, upon which
both nogolinnts necessarily had to rely. To settle (he defects and conflic(s of this
so-called evidence, and to i)roduce a satisfactory basis for a Convention and the legisla-
tion necessitated by it, a proposal was moved from the IJritish side to assemble a Joint
Technical Commission to examine, decide, and report what was actually necessary to
mry out (he well-settled intention of the parties. After a very jarefnl and deliberate
consideration of this proposal, in which the main question was siudied in every possible
aspect, .Mr. Blaine gave his adhesion to it.
At this point the new lessees of the Alaskan Seal Islands intervened. They were
not willing to put at issue, in any manner of form, the riuestion whether there should be
any marine sealing in IJehring's Sea, however restricted. To make a long story short,
they prevailed, but not at the State Department. The control of (he negotiations whs
taken from Mr, Hlaine, and be was only permitted, as the organ of the Government, to
icjcet the modus livriidi. (iioposed by the British (lovernnieut to carry the parties safely
liironfi;!i the scaling season then close at liaiul, and report what he could learn or guess
of the probable fiction or disposition of Lord Salisbury. The project of a Tcclinical
Commission was dropped clean out of sight.
Ordered to use Force.
ill
' ;i
■m i
i
m
ssii ranee
The Keveniie cutters were ordered to Behriiig's Sea, there to enforce within disputed
«aters (he full vigour of a Law passed with a view to waters not in disj)ute, and (he
oslension of which Law to the »va(ers in dispute Congress had shrunk from as la(cly as
ISij'.i, when the question of such an extension was squarely ])rcsente(l by a Bill which
went in(o Conference and became a Law. Incjuirers at the Treasury Department were
informed that the sailing orders to the cutters meant all they said ; that no secret or
supplementary orders would issue in favour of British vessels, an<l that any such vessel
510
sciilin^ in Hdiriiiff'H Spa would lie xoizcd, rrlioved of \t» lading and papcrH, and l^,.
(liHmautlr.l.
!Mr. Hliiiiio know Uml the original question at iHfliiu had hroadcMunl into llic, lurm.r
one ol'iin (•xPiciHc id' l]w rigid, ol' Hcardi in tiino ol' ptMico upon what, with roiisnlcrftliii,
force ol'iirftunuMil imd wcigid of autliority, wiin daimt'd lo l»e ii jmrl of llio lii;,di scaK
and wilhonl the conNcnl. of I lii* friendly Powor wIiohu vtisHcdH wpre (o he Huhjuctudionn
indif;uilv \vlii«di tlio United SliileH iiad once lo f^one (o war I ► rc'Honl. What lie kn(!»
Iho new eonduclnrH of Ui(> negotiatiouH knew nec'ewHarily. Sul, tliey hcoiUciI llie id,.,,
tliiit Kiif>lrtn(l vvoidd do nmro llian protoHt, and lliej were not afraid of |trotestatinn.
Knijiiiml ihoIcHh. j 'v.fr, i
'M ;ii
All at oncn it becanie known that iionl HaliHbiiry meant to do tlio very tliin^r lic^q,
expected not to do, and to ])vo(eet by force, if necessary, MriliHli vushoIh and siiliiiictsiii
Molirinn's Si-a. The situation was iuiKtily reviewed, and the concl'.iHion reaclud tlmi,
njiiin (he record of tlie ease as ina<le since .lannary last, the (■ovennnent eoidd nut iill'oril
to j;i) licfoH" the world, nor even hefore llie |)resH and people of the United HtutcH, willi
a defence of its rontem|dated policy of violence.
The Ucvenne cntters were stopped at Piift'et Sound to await further orders. 'I'll,,
ne^jo'iations were restored to the rliariie of the Secretary ot State, who iinproviscdu
proposal designed to cover a retreat not necessitated by biniself and to put the i|iiPHlii)ii
back In a mirnial and proper situation.
There will he no trotdtle in iU-hrinij's Sea. The elainiH of the United Stales linu'
been preset ved in full vi-'onr, aiul bel'iue llic (tpening of nnotlier Hcalinif season a si'iUc.
niont will be reached lion(Uirable and advantagcouH to the United States.
Arbif ration r.vprctcd,
ll is expected that within tlic ne.\t ten or twelve days Mie negotiations will be sufiif
advanced thai new sailing orders maybe issued to the " Kush " and " ''orwin," wliich
vessels will then resume their interrupted voyage to Bchring's 8ea, tliere to perform all
the duties re(iuired by law, but iu)t lo exercise a disputed jurisdiction wliicli it is tlic
expectation of the (iSovernment to submit to the determination of some disinteiestMl
Power or Sovereign, possibly Pope Leo XIll, as intinmted many niontbs a^o in Urm.
ilespalehes.
Mr. Mlaine gave it as an excuse that lie could not visit (iliicago this week, winn
pressed to do so, because of the importance of the Jiehring's Sea negotiations .ow
I'avourably progressing, as he said. , .
I
No. a78.
«S/r ./. Pauncefnie to the Marijuis of Halisburn. — {Received Julij 7.)
My I,ortl, Washimiton, June 27, IH'.IO,
I HAVK the honour to transinit copy of a note which I addressed to Mr, J5iiiine
immediately upon the receipt of your liordsbip's telegram of the 2('>th instant.
I trust (bat it will meet witli your Lordship's approval,
r liavc, &c.
(Signed) JULIAN PAUNCKFOTE
Inclosure in No. 378.
Sir J. Pauncefote to Mr. Blaine.
Sir,
IVnshimjtoit, June 27, 1S!)I).
1 I'll) not fail to transmit to the Marquis of Salisbury a ciqjy of yom- note of tlio
I lib instant, in which, with reference to his Lordship's statement, that British Icgislalinii
would be lu'cessary to enable Her Majesty's (lovernment to exclude British vessels fniin
any poi lion of the high seas, "even for an hour," you informed me, by desire ol' (lie
I'residenl. that the United States' Glovcrnment would be satisfied "if Lord Salishnrv
would, by public Proclamation, simply request that vessels sailing under the liritish lias:
should alistain from entering the Behring's Sea during the present season."
[ have now the honour to inform you that 1 have been instructed by Lord Salisbiirj
^mmm
611
,„ sdite to von, i>i reply, thnt the IVcHidont h rofiiiPHl piOHcnlH coiiHlitutKimil <lilli(iilti('M
iiliicli \v(iiil<l prcclndc Her MnjcHly's (Jovcriimciit Irrirn acceding; )o i(^ ('xccpt hh |)iu(, <i\' ii
(fcncrnl hcIu'Iiii! lor Mu- HcltlciiH-ii). of (lie McliriDfj'K Ht'ii coiitrovcrHy, itnd on r'ntiiin ((.n.
iiitiniis which wonid JiiHl'd'y (he aKHuiii|)lioii hy Her MiijchIv'h (iovt'riiincnl of Mm- «;iiv(.'
rc^lioiisihility involved in tliu propoHiil.
ThoHU condifionH iirc : -
I. TImt tho two (lovornriiontH (iRiec fiirVhwith to refer to arbiirnlioii tlic (piL'ntion of
'lie Icfiidil.V of th(! action of tho Cnitod Htatcs' (Jovernnicnt in Hci/injf or othiuvviHu
jiiu'iliTln^f «itlt Mritish vchhcIh cnfrHg*''! in the Hi'iirinfj'H Huii, ontsidc of tcMiitoriiil
HiiliTH, during (he yfiM-H IHHO, IHH7, imd IHHU.
'2. That, pondiny l\u' iiwiird, nil intfrfcrcncc witli BritiHli Henlitifjf-vi'HHids Hliall nbHo-
luiely (-•c-aHo.
It. Tliat th(! ITnitcd Stales' (iovcniinent, if tiu; award Hhould i)i; advur.sc to liicni on
tliu (piustioii of lej^al rifrlit, will ('oniiienHatc Mritisli Hubji-ctH for tiu! losHi-Hwhirii liioy may
sustain hy rcMiHon of their compliance witli the IJritiHh I'lodamatioii.
Such are tho three conilitionH on wliich it \h indispcnHahic, in tlic view of Her
MajcHly'n Oovernnienl, that the iHsnc (d' the proposed I'roclainntion Hlionld l)e based.
As rcjjards the conipenHation claimed by Her Majesty's Government for the losses
and in.jinies sustained by IJiitish subjects by reason of the action of the I'nited States'
(lovorinnent a><ain»t British Hcaling-vessels in the Behrin^'rt Hea during the yt^ars lH8(i,
I8S7, (I'ld IH81i, I have already informed Lord Halir.bury of your assurance that the
United Slules' (Jovernnient would not let that claim stand in tlie way of an amiciib](>
ailjuHtiMCid. of the controversy, and I trust tliat the reply which, hy direction of Lord
8n!iHl»iiry, I hive now (he honour to return to the President's iiKpiiry, may facilitate I lie
nttftiinnent of that object, for which we have ho long and so earnestly laboured.
[ have, &c.
(Signed) JULIAN PAUNCFyFOTIi;.
' n
•a
f 'u
No. .'J79,
Sir ./. Pauncpfnlf In Iha MurquiH of Salishurij. — (Received July (I.)
(TelcKraphic.) Wnshinrjlnv, Julii 9, 1«00.
In the House of llcpresctitatives to-day, on the motion of Mr. Hilt, the Chairmnn
(if (lie House (Committee (m Foreign AtfaiiH, a Kesolution was adopted, "That the
President be reipiested to furnish *!•<• Ifonsc! with the correspondence! between tlie
Government of tlic United Stalcis and the (lovernnient ot Oreat Britain touching tlie
subjects in dispute in the lUdiring's Sea since the 4th March, 1889."
«
ir
UNCKFOTK
No. 380.
The Marquis of Salishury to Sir ./. Ptiuncefote.
Sir, ' Foreiyn Office, Jiihi U), i8!)0.
I APIMIOVi'i the note addres.sed by yon to Mr. Blaine on tlio sni.jeci of the issue
ofu I'roclamation requesting British vessels to abstain from entering I be Belli ing's Sea
during the present scaling season, of which a copy was inclosed in your liesjjatcii of the
27th ultimo. , ■> ■ , ,' , .
■ '■' *" ■': ■■■ ■ •' ' lam, &c.
^r :.••.,:...;...'"■,..>;' ;.^ ■ , ./ '.■ (Signed) SALTSBUHY.
;[
■< 'I-
ri'i .';
;i1 ^^ 'tii::.:- oiil vi .I'Urrt.^
fj
812
' ' "" ^- . ' '■ No. 381. . , .
The Marquis of Salisburt/ to Sir J. PHuncefole.
Sir, Foreign Office, July 10, 181)0
1 API'ROVR tlio terms of tlio note in which you forwarded to Mr. Bluinc tlio
protest of I lor Mojesty'H Oovernment against any further interference witli Hritisli
Hcnlers in Itchring's 8ca, ns reported in your despateh of tlic 18th ultimo.
T am, &c.
(Signed) SALISHUHY.
I
No. 382.
The Marquis of Salisbury to Sir J. Paunrcfolfi.
Sir, Foreiyn Office, Aurjiisf 2, 1890.
I TTAVE received and laid befon; the Queen your despatch of the; 1st ultirmi,
forwardinp; a «'opy of a note from Mr. Hl.aine, in wiiich he maintains that tlie \Jn\ivi\
States have derived from llnssin rif^hts of jurisdiction over tlio waters of JJcliiinif's
Sea to a distaniio of 100 miles from the coasts transferred to them under the 'IVoatvnf
the 30th March, ]8(i7.
In replying to the arguments to the contrary effeet contained in my dospatcli
of the 22nd May, Mr. Hhiine draws attention (o certain expressions wliicli I
had omitted for tlio sak<! of hrevity in (|Uoting from Mr. Adams' despaleli ol' the
22nd .luly, 1823. lie contends that these words give; a dill'erent meaniiii;' to \\\t>
despatch, and that the latter does not refute, but actually supports, the ])nMMii
claim of the United States. It becomes necessary, therefore, tiiat I should rd'iM' in
greater detail to the eorrespondeiuic, an examination of which will show (liat the
passiigc in question cannot have the sijjnilicatiou which Mr. IMaino seeks to i,'ive t'l
it, that the words omitted by me do not in locality alfeet the jtoiiit at issue, and timt
the view Avhich he takes of the attitude both of (Jreat IJritain and of i\w United
States towards the claim put forward by Russia in 1822 cannot be reconciled Mith
the tenour of the despatches.
It appears from the published pai)ers that in 179S) the Emperor Paul I i,'r,'iiito(l
by Charter to the lliissian Am(>rican Company the exclusive right of huntinj,', liadc,
industries, and discoveries of new land on the north-west coast of America from
Behring's Strait to the TiDth degree of north latitude, with permission to the Com-
pany to extend their discoveries to the south and to form establishmeuls tliciv,
provided they did not encroach upon the territory occupied by other Powers.
The southern limit thus provisionally assigucid to the Company corresponds,
■within 20 or 30 miles, Avith that which Mas ovtMitually agreed upon as the hoiindiiiy
between the Uritish and llnssian possessions. It comi)rises not only the Avliole
American coast of Jiehring's Sea, but a long reach of coast-line to the south of tiie
Alaskan Peninsula as far as the level of the southern portion of Prince of Wales'
Island.
The Charter, which was issued at a time of great i'luropean excitemciut, attnicti'd
apparently little attention at the moment, and gave rise to no nnnonstraiice. ii
made no claini to exclusive jurisdiction over the sea, nor do any nuiasures appear Id
have been taken under it to restrict the commerce, navigation, or lishery ol' tlic
subjects of fonngn nations. Eut in September 1821 the Russian Government issued
a fresh Ukase, of which the provisions material to the present discussion were as
follows: —
" Section 1. The pursuits nt' commerce, wlialing, and lisliing, und of all other industry, on nil
islands, ports, and gull's, inchuling the whole of the iiortli-west coast of America, he^^innini,' fimii
Behrinj^'s Strait to tiie ulst degree of northern latitude ; also from the Aleutian Islands tn Ik'
eastern coast of Silieria, as well as along the Kurile Islands from Uehring's Strait to the soulli i.ii|iei'l
the Island of Urup, viz., to 45" 50' noithern latitude, are exclusively granted to Russian suliJiH'ts.
" Sec. 2. It is therefore prohibited to all foreign vessels not only to land on the coasts and
islands belonging to llnssia, as stated above, but also to approach thcni within less than lUC Italiiui
miles. The transgressor's vessel is subject to confiscation, along with the whole cargo."
By this Ukase the exclusive domitiiou claimed by Russia on the American Con-
tinent was puslicd some 250 miles to the south as far as Vancouver Island, and notice
518
was for Uio first timo f^ivon of u claim to maritime jurisdiction which was roj^awlfw!
lu.tli ill Un^'innd and tho United States as extravaf,'ant, or, to use Lord StoweU's
ih'scription of it, " very unineasiu-ed and insupitortablo."
L'pon reeoiviny conimunieation of the Uitaso, the ]{ritisli and United States'
fiovcrnnients at on(!e obje(!ted l)()tli to the extension of tiie territorial claim and to
the assertion of maritime jurisdiction. For the prescmt, I will refer only to the protest
of tiic United States' Government. This was made in a note from Mr. John (^uincy
Adams, then Sccrcitary of State, to the; llussian llopresontative, dated the 25tli
February, 1822, which (lontains the following statement : —
" 1 mil (lirnctcil liy tlin rresidout of the Uiiilod Stfttcs to inform ymi thiit lio has huuii witli siiriiiis('
ill this I'Mict tlio nHHuHimi of a ti^iritoriiil diiiiii on tlio part of Russia cxtdndiiij,' to tliii "ilst (l(.';,'riHi
iif iKntli liilitiidi! on tlii.s conliiiyiit, iiiiil a ri';,'iilntion iiitcrdictiii},' to all comiiiciriiil v(^ss(!lM oiln'r tlmn
1,'iissiiiii, ii|""i tl'i' Iiuiialty of sin/uro ami coiifisoatioii, tlu! a]i|iroarli ii|iiiu tho 1m;,<1i hchh within
lin'r lliiliiiii miles of tilt! shunts to which that uliiini is iimilc to a|i]ily. Tin- rolatioiis of tlio Ifiiitcd
Sillies willi Ills liii|ieiiiil Miijosty liavo always \ifv.n of tlio most fiioiiilly chanicter, ami it is tlui
I'liriii'sl (Irsiio of this (iovc'riiiiK'iil to |)rt!s(uv(! tliciu in that sUilc. It was I'xpi'clcil, liefcui! uiiy act
Hhiili sliiiiilil (IctiiK! the lioiimiury Ipctwfcii tho territories of the lliiileil SIuIch ami IJiissia on this
(iiiiliiii'iil, lliiit tlie same would have lieeii arranged liy Treiily hetwi'cii the |i,irties. To exclude the
vi'sscls of our citi/.(Uis from the shore, ln'yoiid tlio ordinary distance to which tint territorial jiiris-
ilictiiiii cxIcikIs, has excited still Hreiiler surprise.
"This Ordinamu' iilfectK so dee|p|y the ri;,'hts of the I'nitel Slates and of their citizens that I
am iiislriicted to im(uiru wdiethcr y<Mi are autliori/eil to ;,'ive. (rx]iliiuatioiis of the ^'rounds of ri;,dil, upon
|irinciplcs t,'(!iiurally recognized liy the laws and nsa^'os of nations, which I'lm warrant the cliiinis iiml
ri'ijuliitioiis contained 'u it."
The Russian ReprescMitative replied at len;,'th, delendini^ the territorial claim on
!;roundH of discovery, first oceujialion, and undisturbed possession, and explaining
the motive "which determined the Imperial Government to prohibit foreign vessels
from approaching the north-west (!oa.sts of America Ijelonging to Ilussia, within the
(listam^e of at least 100 Italian iniles. This measure," he said, " however severe it
may at iirst view appear, is after all but a measure of ))revt!ntion." Jle wvnt (m
to say tliiit it was adoi)te(l in order to put a stop to an illicit trade in arms and
ammunition with the natives, against which the llussian Government had frequently
remonstrated ; iind further on he observed : —
" I oii^'ht, in till! hist ])laco, to rc<ine.st you to consider, Sir, that the Itii.ssian po.sse.ssion.s in the
I'ucitic Ocean extiMid, on tlu! noith-wost coast of Amerii'a, from l'.(;lirinj.''s Strait to tlio ."ilst de^'iee of
iiiii'lli latitude, and on the opposite side oi' Asia and the islands ailjacenl, froiii the smiiic strait tn
tlu' 45lli dci,'rue, the extent of .sea of which tli'ise ]io.ssessioiis form the limits comprehends all the cou-
ilitidiis which are ordiiiiirily iittached to sliiil sai.t (' niers fcrniees '), and the liiissiiui (lovernnient
iiiinlit, cmise(|U(!ntly, ju(l;,'e ils'.-lf authorized to exerci.se upon this s(!a the ri^dit of s()vcreij,'nty, and
csin'oially that of entirely interdicting' the entrance of foridj^'ners. I>ut it preferre(l only as.serting
its essential rif,dits, without taking' any iidviintiij,'e of localities."
To this Mr. Adams replicnl (30th March, 1822), pointing out that the only ground
given for the extcmsion of the llussian territorial claim was the (!stablishment of a
settlement, not upon the continent, but upon a small island, actually within the
limits prescribed to the Russian American Company in 1799, and he went on lo
say :—
"This iireteiision is to ho considered not only with rcfcrenco to the question of territorial rii,'lit,
liiit also to that prohibition to the vessels of other nations, incliidinj,' tho.so of the United States, to
a[)|ii'fiiieli within KM) Italian mihw of tin? coasts. From the period of the existenci' of the I'nited
States as an indcipendent natiiai, tlii^ir ve.s.sels have freely navigatcil those .seas, and the ri.nht to niivi-
;,iite them is a part of that indcpinidence.
" With rei.!ar(l to the suggestion that the liii.ssiuu (tovernnient might have jusiilied the exercise
of sovereignty over the I'acilic Ocean ns a close sea, liccause it claims territory liotli on its American
ami Asiatic shores, it may s'dlice to say that the distance from shore to shore on this hv.:\, in latitude
jl" north, is not less than OO degrees of longitude, or 4,000 miles."
The Russian Representative replied to this note, endeavouring to prove that
the territorial rights of Russia on the north-west coast of America were not confined
to the limits of the Concession granted to the llussian American Company in 1799,
and arguing that the great extent of the Pacific Ocean at the 61st degree of latitude
(lid not invalidate the right which Russia might have to consider that part of the
ocean as closed. Rut he added that further discussion of this point was unnecessary,
as the Imperial Government had not thought fit to take advantage; of that right.
The correspondence then dropped for a time, to be resumed in the following
spring. But it is perfectly clear from the above that the privileges granted to the
(128J 3 U
f
HI
'11
I
(■ i
sit
HvmHiiiii Amoricaii Coinpjviiy in 170!), wlmtcvcr cITcjil. tlicy •"">' Imvc liuil ns w^nnh
otiior Russian suhjiTls, did not oiKTiitc to uxtdudc Aiiii'ricnn vessels (vuxn niiy |iait
ot" tlio const, and (liat tlio attempt to exoludo tiioni in 1H21 was at once rcMstui,
FuitluT, that tlio Hussiau (iuvermiient had no idea of any dislinelion lictwccii
Uehrinijj's Sea and the J'aeil'ie Ocean, whieli latter they eonsi(h'red as reach iiii; smith.
waril from Hehrinj^'s !S( raits. Nor throuf^hont the whole of the suhsi'(|iienl ciiriv,.
ixmdeiice is then< any relVrence whatever on either side to any distinctive ikimic \,ij
HehrinLf's Sea, or any intimation that it could 1)(> considered otlu>rwise than as lormiii'
an inle}j;ral jmrt of the l'a«'ilic Ocean.
1 now come to the d(<sj)atch from Mr. Adams to ^fr. Middleton of the 22n(l .lulv,
1S2H, to which reference has hcfore he(Mi made, and which it will he necessary to (|niiii'
somewhat at leni,'th. After authorizins; Mr. Middleton to enter upon a ne<;(itiiitiii||
M'ith the Hussian Ministers concerning the <lilT(>renccs which hud arisen I'rDin tin.
Ukase of the tth (Kith) Septemh(>r, 1821 Mr. Achims eontiniu's : —
" I''riiiii till' li'iKMir (if Itii' I'kiisi', till' |)i'oti'iiMioiiH of llio Iiiiiiciiiil (iovcniiiiciit cxtcinl t,, m,
cxc.lusivo ti'Vi'ildriiil iiiiisdiciiiiii IVdiii llii' l.'itli (lt'j,'iw ol' iinrlli lnlitiiiic, dii the AMialii' cdiisi, in ii,,,
liilitiiili' of fil" ii(iili\ oil tlui wcslcni const of tlii^ Aiiioiicnii Coiiliui'iil ; luul tlicy hmsimiii' tlic iiji|ii ,,[
iiilciilicliiii^ tlic iiiivi^'iitioii mill tlio lislu'iy of all olliiu' imlioiw to llic I'XtiMit of IdO iiiilcs i'ldin il,,.
wlioli' >'( tliul const.
"Till' I'liitcil StiiU's can mliiiit no jmrt of tlii'sc cliiiniH. Tlicir liKlit of iinvi^;iitioii iiiiil of \h\m<
i.s iicrli'ct, mill liiiM lii'cii ill coiiHlniit exercise from the curliest times, niter the ]ieiice of IT.'^:!, tliiiiiiu||i,iii
tlie wliolc extent of the .Soiitlicni Cceiiii, sulijcct only In llic oriliimry i'xcc]itioiis iiiiil exclusions nl'iho
tcrritorini jiirisilictioiis, wliicli, so fnr ns Itiissinii ri^;lit.s nie conceriicil, mo conliiieil to corliiiii Jslinnlj
north of the ."i.'ith ilcj;ieo of Intitiiile, miil Imvc no existence on the continent of Aiiiericii."
Mr. Blaino has ar;^ucd at !];reat lenajtli to show that wlien Mr. Adams used those
clear and foreihle expressions l.o did not metin what he scorned to say ; thtit when he
stated thitt th(> United States "could admit no part of these claims," he meant that
tlu>y admitted all that part of thoni which ndated to the coast north of the Alentinn
Islands; tlitil when ho spoko of the Southern Ocean, ho meai\t to except n('liriiii,''.s
Sea ; and that when he contended that the ordinary exceptions and exclusions of
the territorial jurisdictions had no existence, so far as llussian ri,u;hts w<>re coiiceriiod,
on the Continent of America, he used the latter 1(>rm not in a i;eo<^raphieal hut in a
"territorial" sense, and tacitly oxcej»ted, hy a very singular pctilio principii, the
Russian ]t()ssessions. In order to carry out this theory, it is necessary for him nlso
to assunu' that the neijotiators in the course of the discussions made indiscriminate use
of the term "north-west coast of America," with ,a variety of sif^nilicatior. wliieli lie
admits to he "confusinij, and, at ctu'tain points, apparently contradictory and iri'mm.
cilahle."
The r(>i)ntation of the American statesmen and diplomatists of that day for caufinn
and precision alVords of itself strong:; ari^ument against such a view, and, even if this
had heen otherwise, so forced a coustructioii would require very strong ovidonco to
continn it. Hut a glance at the rest of the despatch and at the other papers
will show that the moi-e simple interprctatiou of the words is the correct one. Tor
Sir. Adams goes on to say : —
"The coiTt's]ioiiili'iice Ictweeii A[. Tolotica niid this Pepnrtnient coiituineil no iliscnssiuii of tlio
priiiciidi's or of the fncts ii|)on which lie iittemiileil the justiliciition of the Jin|ieiinl I'linsc, Tliis
wns I'liiiiiiscly uvoiilcil on our jinrt, niiiler the exiiectnliun that the liii[ierial Ciovenimcut ceulil imt
fnil, upon a review of the measure, to revoke it altogether. It iliil, however, excite iniuli pilijio
miimailversioii in this coiintrv, as the fkase it.self hail alreaily done in Knglailil. I inclose hcnwitli
the'Xortli American Review' for October 1822, No. .'!", which contains an Article (]>. liTO) wiilti'ii
l>y a iH'i'soii fully master of tlip suliject ; ami for the view of it taken in Mnglanil 1 refer yim to
the litty-secoiiil iiumlier of the ' Quarterly Jteview,' the article iiimui Lieutenant Kotzubue's viiya;4i'4
From the article in the 'North American lieview' it will be seen that the rif,'lit.s of iliscuviiv,
of occuiiancy, and of uncontested posse.'jsion, allcfjed by il. I'oletioa, arc all without foiiii(lalioii
in fact "
On refereuee to the last-mentioned article, it will bo found that the writer
states that "ii trade to the north-western coast of America and the free navigation
of the waters that wash its shores have been enjoyed as a common right by subjects
of th(^ United States and of several European Powers, without interruption, for nearly
forty years. We arc by no means prepared to believe, or admit, that all tliis lias
been on siiirorance merely, and that the rights of commerce and navigation in that
region have been vested in Russia alone." Turtlier ou he puts the question in the
following manner (the italics are bis own) : " It is not, we appreliend, wiiether
Rutisia hsm any settlements tiiut give her territorial cloimB on the Coutineut of
SIR
[it tlic writer
AmoriVfV. Tliis wo do not, dony — hut it is whrthrr llir location of those Rttthmmh and
the tlinniverirs of Iwr naviyatum arr sui:k ii.s llifiij are ri'prfsrntcil tit lie ; whv.thvr they entitle
yf to the I'xcliislvc possrstiinn of the wholn Icirllonj north of 01", and to sowreujntii over
the Piiri/i': Oiriin beyond thai piiridlel"
Tiiesiu |)>'isHa^fH .sulliciuiitly iiiiistnito Mr. Adams' meaning, if any ovidcriut! bn
n>(iiiircMl tliat lit) used plain laii}^iiaf,'(! in its ordinary s(!ns(!. Ch^arly lio nioant to deny
that llio Itiissian scttlnnicnts or discoviMics i,'av(i Jlnssia any (daini as ol' ri;;Iit to
oxcliidt! tlio navifj;ati()ii or (ishury nl' oilier nations from any part of tlio season llio
const oi' Anveriea, and that her rights in this respeet were limited to the t(!rritorial
wntii's oi'eertaiii islands oi" which sht) was in permanent and eomph'to oe(!iiputi(m.
JIavinfj; distinctly laid down this proposition as rei,'ards tlu! rif;hts oi' tlui case,
Mr. Adams wont on to state wiiat th(! United States wen; nsady to aj^rco to as u
matter ol' Conventional arranf^cmcnt. ilo said : —
"Willi ri'^'iml to Hid ti'iTitoriiil cJiiiiii, K('|iiiriiti! rmni liii; ri^lit of trnllii: with tlin iiativim iiiul
Ciiiii iiiiy fi.VHli'iii iif coldiiiiil i!X(;liiHii)iiM, wu iiK! willing to iii^rci; Id IJlc lioiiiiiliiiy-iini' williiii whicli lliu
Kiiiiienir I'liul liiul ^'riuitcd uxdiisivu priviU'^'i's U) Ihc llu.sniiiii AiiiuiiLiiii C/'iiininiiiy, tliut in to nay,
liilituili^ uh°.
" II' tliii KusmIiui (iovcriiiniiiit a]i|iirlii'iiii Mciiims iiKMHivciiii'iicc iViiin lln' illi( il. Irallic nl' liiici^iicr^
villi llii'ir f'ttlt'iiiiiiitH 111! lilt) iioitli-W('nl niiiMl, il iimy ]»', (^lU'cliinlly ;,'iiur(lcil n^iiiiisL iiy Hti|iiiliil,i(iiii<
siiiiil:ii' til tliiisi! 11 tli'iil't nl'wiiicli is liiiriiwitli ,siil>jiiiiii:(l, iiiid to which you mo iiutliorizuti, on tliu piut of
lliu Uiiiti'il Stiiti^H, to ii^ruu. . . ."
Tho draft Convcutiou was as follows : —
" I>rn/l of Treaty hliuecn the Uni'M iSlntcH awl Rmsia.
"Artit'lin. In oidia' to Hti('ii;^tli(^ii llic IioimIh of liiciiilHliip, itml to ihthimvi! in fiitiiri' ii jicifnt
Ininiimiv iiiiil ^^ood uinliirstiUKliii;,' ln^lwccii tlu^ tjoiitrucliii;,' riiilicH, it is iij,'ii'(;il timt tlii^ir r('s|icctiv(i
cilizi'iis mill siihji^cls nIiuU not lio (liHliiilicii or iiioh'stcil, citlicr in iiiivij,'iitiiij^ or in currying on
their lislii'i'ii^s in tli(^ I'licilic Occiiii rir in tlio Soiitli Hciih, or in liindiiii^ on tlu; coiistH of tlioso hciih,
ill lihici'M not iilitMiily oc.cii|ii(Ml, for tin; |pui|ios(! of (iinyiii;,' on tlii'ir cuiiiiiiurco with tlio nritivcs of tliu
ciuiiitiy, sulijiM't, nov('itlitdcss, to tlii^ rusliictions iiiid incjvi.sioiiH sin'ciliinl in tliu two following; Aiticlcs.
"Art. II. 'I'o till' olid that tlio niivi^^ation iiiid llsliory of tlio citizens and Hulijccts of tlio (Jontniiitiny
I'iiiticsi, ivs|u'(!tiv('Iy, in llio I'licilii; Oiciiii or in tliu South Scan iiiiiy not ho iiiado a pu^lcxt lor
illicit liiidc! with llicir rcs|i(^clivo .sottlcnu'iits, it is ii^hmmI that tlio citimnis of llio lIiiit(Ml Stales shall
n.it liuiil on any jiart of llio const iictiially oc.cii|ii(i(l liy liiissian .si^tllonK^ntH, unless hy jn'riiiission
ol' tli(^ (iovcriior or ( 'oiiiiiiiunler tluu'cof, and that Kiissiaii sulijects shall, in liki! niaiiner, Ik; iiitcrdictod
fniiii laiiilini,' witlioiit ]ieniii.sMion at any .settleiiient of the t'liitiMl States on the .said north-west coa.st.
"Alt. 111. It is ai;i'eed that no sidtleiiieiil shall he made hereafltr on tlu; north-west coast of
America hy (!ili/(Mis of thu United Statics or iiiiJur thuir authority, north, nor hy Itussian suhjects,
or under the authority of Kussiii, south of the "prjth dej,'roo of north latitude."
In an o.vplanatory despatch to Mr. Hush, tho American Minister in London,
same date, Mr. Adams says : —
" The ri},'ht of carry injj on trndo with tho natives thrnushout tho north-west coa.st they (the United
Status) cannot renounce. With tho liussiaii scttleinents at Kodiiik, or at New Archani^el, they may
(airly claim tho lulvantnf,'" f>f a fi'ei' trllll(^ liaviiij,' so loiij; enjoyed it nninolesli'd, and hecaiise it
hiw liccu and would continuo to ho as iidviintaj,'eoii.s at hiasl to tho.se selllenieiils as to them. I'.iit
they will not contest tho ri;^'lit of Uussia to jiroliiliit tho trallic, as strictly conlinud to the IJii.s.sian
seltlenicnt itself, and not e.\tunding to the ori;^iiml natives of the coast "
It is ditficult to conceive; how the term "north-west coast of America" used Ikuo
niul elsewhere can \m intcrprot<'d otherwi.si! than as ap[)lyin(j; to the north-west coast
of America i^imcrally, or how it can bcs seriously (iontended that it was meant to
denote only the more westerly portion, (>.\(dudini,' the more north-westerly jiart,
because by becoming a Russian possession this hitter had ceased to belong to tho
American Continent.
Mr. Hlaine states that when Mr. -Middleton declariHl that Russia had no right
of exclusion on the coasts of Anun-ica between the 50tli and (JOth degrees of north
latitude, nor in the seas which washed those coasts, he intiiriihid to make a distinction
bctweim Jiehring's Sea and the Pacific Ocean. But upon reference to a Map, it will
be seen that the GOth degree of north latitude strikes straight across 13ehring's Sea,
leaving by far the larger and more imjjortant jiart of it to the south ; so that I
confess it appears to me that Ijy no conceivable construction of his words can
Mr. Middleton be supposed to have excepted that sea from those which he declared
to be free.
With regard to the construction which Mr. Blaine puts upon tho Treaty between
the United States and Russia of tlie 17th April, 1824, I will only say that it is, as far
as I am aware, an entirely novel one, that there is no trace of its having been
[128J • 3 U 2
i
m
i
m
i
Bin
ViKiwn (() ihc viiriotis piihUolsts ulio linvc \fWvn nii ncrounf nf tlu* ('rjiifnivcrsv ii,
'rnmtifMiin liil(>niiitii)iuil l.iiw. tind (Iml it in cimlniry. hn I mIiiiII mIiow, in Pmi win,!,
tlio Hiili«*li M('|j;ii(iii(iirs pliiccd on ll\(< 'rri'iily wlicn Mu'.v lulonlcil (he ls( niin ||,|,|
ArlicIcH fur iiiNi<r1i(in in tin- Hiitisli 'I'rciity <tl' Mi»< 2x\\\ l''clini(irv, IH'2ri. | imm
I'lirtlicr iliHscii) IVoim Ills ind-riiri'liiliiin nl' Ailirjo Nil nl' (li<i lultor 'IVi'iily. 'Umi
Arlii'it" ^i^('s to Ihc vi'sscIm of llu' two I'ouorH "lilicrly In ri('i|iii'nl nil llii" inliitnl Mim,
fTiiirN, IwiM'iis, anil cicckM mi llic i-ommI iiiciiliiiiird in Ailicli' lll.tnr Mk' |iin'|iiJNi< i,i
llHliin^c and id' (radinj; willi Hii« nalivi-s." Tin" (•x|in'MHioii "coiml, nxMilidiii'il ji,
Arliolc III" can unlv iid'cr (n lli»> (li'Nt \V(irdH nf llii' Ai'li»dt> : " 'I'lin line of dnrninviiiinn
li<>l\v<'*>n till' iKmsrMsiiinN id' llii> lli^li CniiliiH'tinL; i'aitii'N ii|i(in tlio cnast nf ||||.
('oiitiiii'iit and tlii> iNJands nl' AiniM'ica to tlic nnrtli-wt'Ntr nIiiiII Iw drawn," <Vr. Tlmi
In til Nay, it iii(diiili<d all tlir |iiiHHi<NNioim nf tlii< two I'dwith on tlii> noi'tli-wril mimi ,,f
Aini'vioa. I''i>r tlii>n< wunld liiivr lu'cii no ncmho wluitovi'i' in Htipnlatinn tlial KiisKian
vinni'In hIiiiiiIiI liavi> I'm'doin of acroNN to tlii< Hiiiall |iiirt.iiin of coast wliicli, liy a lulu
|iait of the Article, is to liclon^ to llnssja. And as licarini!; on tliis point it will In
noticed that Article \ I, wliieli lias a nioie restricted lieariii);, N|ieakH only nl' "llu
huIijccIm of His Itritaiinie Majesty," and of "the Inir of nm.it ilr.irrilii'tl in Artii'le 111"
The sti|iiilations of the Treaty were I'ornially riMiewed liy ArtielcN inserleil in Hie
Goiiera I Treaties of ("oininerce lietwceii (Jreat Hritain and Mnssia of IH|.;t aiiil lsr,ii
Ihit Mr. Klaine stateN that "the rii;litN of the KiiNsian Ainerican ('oni|iany, wlijch,
under hotli Ukases, inchided the siiverei)^nty over the sea to the extent of 1(10 iiiilii
fiMiii the shores, were reserved hy special clansc in a separate iiiiil Hpceial Arliil
Ni^ncd after the principal Articles of the Treaty had hren concluded and siu;iii'il."
Ipon this I have to ohserve, ii: the tlrsi ,daiM> that the Ukase of I71M) iliil nni
contain any nicnlion wli.atcvcr of sovcrcimity over the Hca ; secondly, that the ciiriliM
nf the Separate Arti(de is such as altogelher to preidude the inferpretafion that il wiiv
liii'imt to reciii{iii/e tli<^ ohjivtionahlc (^iaini conlaiiii'd in llu^ llkasu of 1H21, I will
quote the Artieic at lcn^tll : —
" !( is niidciNiiiiMl
UllMlliillKMJ mIiiiII lli'l 111-
liKc iimmu'i llmt llii' cvci'jiliDHH, iniiiimiilii'H, iiml |iiivili'Ki'^' 'n' ,'in;i|ii>
ii'il iiH 111 vav
lllLSIN 111' lllc 'I'liMllV 111 lllIM llllll', lllllt is Id HIIV :
ciinsiili'iiMl UN 111 vaviiin
I' I'VCI'I
I'll Willi
I ilii' |niiiri|ili! iif ivripniril y wliiiji liiniis lli
I 111' KiiMMiiin |MiilM nf till' l!liii'l< Sni, till' Sea
'llllll |iiii'tM III' till' ( )llii|iiiui Mlil|>il'ii Miliinli'il
" I. Till' i'M'Mi|)liiiii Irniii iiiivipilinii iliii'M iliiviiij.! Ilii' Hi'mI llii'i'i! yi'iirs, wliirli i.i nijnvi'il 1
VOSSi'ls lillill ill liiissiii Mill! lirlnlljLiilij,' In lillNsiiui niii'|i'i ' ;
" L'. Till' i'\i'iii|ilioiiM nl' the like iiiiluni f'iniilril ih
of Aznf, illlii till' I •iiiiiiIh' In Miirli 'I'liiKiMJi M'nhi'Im in , 'viii
on llli' lfl;irlv Scii, il;i ilo linl I'M'i'nl .SO Iu.hI.i lilirili'll
" iV 'I'lli' )M'nilisMi(in unilllril In llu- illliilliililllls of tin iisl, nl' tin- (invi'llltlirlllr nl' Alvllilll'^i'l. I"
im|invl illilv five, or nil |iiivnn'Ml nf iiinilcriilc diitii'M, iiiln tlic |inrts nf Ijic miiIiI (invi'llllilrlil, iIiU'iI mi
Killit'd lisli. iiM likewise celiiiiii Kiiicjs nf furs, iiliil In e\|in|i llieli'l'iniii, in llio DilllK' llllllllliM, ciil'll, rii|ii
mid i'niiliiv;e, |iilili, iiliil riiveiisihiik.
"1. 'I'lie liiivile^i' nl'tlie Iv'ussiiili Aliierinill ( 'niii|iiiiiv.
" T). 'I'iie )iri\ili'f;e nf llie Stemii Nii\ ii,'iilinii ('niii|Miiiies nl' l.iilii'i'k llllil llnvm; iiisllv,
" ti. 'nio iiiiiiiimilies urniiled in iiiissin In eeilniii l'',n}^lisli ('niii|iiiliii's, nilled ' Viirlil. I'liilw. "
To suppose tliat under the simple words, " the privilej^e of the lluHsian Anioiicin
Cotup.'iny," placed in ooiincction with the privilep' of FriMich and (Jcrniaii SIcam
KavisiJition (\uupauies, and the innnuiiities of yacht, cliilw, it was intciulcil U
acknowli>dn(< a claim of jurisdiction af^.ainst which llor Majesty's (joviiriiinciil liiul
formally protested as conlniry to international law, and which it had nvowcdiy liooii
one of th(> main olijccts of the Treaty of 1825 to oxtinguish, is a siim^cstion tim
improbalile to rcipiiiv .iny lenn;theucd discussion.
Put Ucr Miijesty's (Jovernment did not of course a,u;ii>e to the .Vrlicle willmiil
knowinij; what was the exact nature of the privilei;cs tliu.'i excepted from recipniritv,
They had rccciv(>d fnnn the Russian Amlms.sador, in l)»!cenilier IHI'2, an expliiiialoiv
Memorandum on this subject, of which the t'ollowini' is the [lortioii relating,' to tin
IJussiau American Company : —
"IV.
" Li Cnlllimjinio liiisse-Aliieiii'iiiiii! n le piiviie^'o iVoxju'dier fi'illlfs ilo iliiiit.M: du (Jriiiislinil iitilinii
(In liionde ct d'tteUntsk diiiis les I'nlniiii's linsses, les prndiiils Kuhsi'm aiimi i|uu Ids iiuiirliiiiiiliscs
($tViUi,i;olvs doiu les dvnits nnt deji'i i5le pix^eves ; do iiieliie il'iiiii miter iiii reloiir de ei'H (.'olnnii's ilis
caipiisniis de pelleteries el d'niitii's prodnils de ees Colniiies, suns ])iiyer iiiienn dmit si d'apivs K?
Inis geiu'niles il nest |i:is t'Uilili iriin]H"it )iintii.'iilier iiiterieiiv siir le.s iniiivlmiidised lie pelleterie.
'• Oli^rnttidii. — l>'iipn''s lo Tarn" en vijjiunir, riiiipnrlntioii de.s fimrriiruH ilaiis le.s porks iK'
St-retorsbourg et d'Arehuiigel, de prndiictiou Unsso fit sur dos vaissuuux Uussos, est lulmiHc suns
droits."
ni7
I in ciijiiyi'il hv
tl In Hiirrly inoD'clilili- that if flic |)rivilf'Kc of flic IJMNsi.iii Aniiiirini ('i»tii|miiy rlid
,.(,iii|iriNi' IV i'IkIiI "f I'XcliKliiif? vc'cicIm frniii n|i|(roM(|iiiii,' wilhin |fM( inilcs ol' the mIihii',
il hIi'XiIiI not I'vcti liiivi' iMicn Mlliuh'd In in IIiIh cyiiliiiwiliiin.
Nor JM it. iiimMililc lo hkp-c in Mr Minim's vir\t, llml ||ii> i xriii'-idn ,,( lon-i:^!!
vi'NW'Ih IV»r n (liHliiiicd of Kill iiiilcH rrnin II (nmt iirimincil in I'l.rcc pi-nilini; lite
ni'KiiliiilionN, ntiil in hii I'nr as il, wiim not niodirii'd liy llir lliinvrniiuim. A idaiin
of juriMdii'li<in over llic «i|(('n m'a, which \h nut in acc(iidiin(;r wilh 'lie iccoi^ni/.fd
nriiiciiilcM nl' inlcrnalinniil l;i\v or imni,'c, may, of conrM", he anM-rtcd hy fori-c, htit
cnmiol, hn Hnid lo have any l<'t;al valiilily mm atfuinxt Mic vphhcIm of otiicr conntrii-H,
rxri'p' hi w» I'ar as il, in |ioHil,ivfly adinitli'd hy ( 'onvcnlicin/il At,'ii'<'niints w.'lli tlionn
'(Hiiilrii'".
I do not Hii|»|»oN«' thai il. iu iicccMHary thai I Hhoiild nixm' al, Icnurlh ii|ioii ho
rjctiH'iitary a point, an that a claiin lo pndiihil, the vcmmcIs of oilier nations IVoiii
a|i|iroiieliint? wilhin n diMlanee of |l((l niileM from the eoaKl. in eontniiy to modern
intri'Mlional iiNa^e. Mr. Adatim and Mr. ranniiiL,' elearly llioiiL;lit in IH2'» thai Hie
iimtlcr WMH heyond dould. or dinenMMion.
Till' nih' whitdi was reeo|^ni/,eil at that. time, and which lum licen i^enrTi My admitted
ImiIIi hy pnlili('iHt,M and (lovernnierilH, liinilM the jiiriMdielion of a eoimtry in the ojien
Ki'fi 1" a distfUH'e of '.\ niileM from its coasK, Mii't h.-ivint; hi'en euii^idered to he llin
riiMK'' '»• " <iainion-Hl!ot. when Hie iiriin^iple was adopted,
Wliealon, who may he lei^arded aM a roniemporary aiitliorily, eipially respected in
Eiii'oiKt and America, Hayw : —
"Tlif liilirililMc li'llilciiy uf rviiy SIjiIi' ('.xIiimI'i In IIji' |ii,iN, Ir.ii Iiiiiii>. Imyi, lijiiiillm nl liviiis,
iiinl luliiii'i'til, JiIIiIh III' till' Hcii iiii|iii|iM| liy lii'iiijjiiMil'i lii'|iiii;,'j|p;; In llii' ■;;iiii(i Sidli'. 'I'lii' ;,'CMi'iiil iiHfi^c
of iiiiliniin Mii|ii'mi|ilM III tlii'i I'xii'iil III' li'iill'iiiiil jiiiivilii iinii /• iliHliiiii'i' nl' ii iiiiirliii< |i'ii!,'iii', nr im
fiilMK II rMMIiiill-Hliiil, will ii'iiili I'lnni llii^ hIhhi' iiIomii nil l,l|i' i'iuihIh uI' llii' Ktiitc."
And Mjfftin —
" Till' mil' iif liiw (III iIiIm Miiliji'r.t in /rrr"- iliiiiiiiiiiiiii /I'liihir iilii /liiiliir iiniinriiiii rii; iiiiil Hinri'
lliii iiilliiiliirlinil III' lil<!-liriiiM lliiil. iIIhIiimm' Iiii'i iiMiiiilly lii'i'ii |i'|.iii^fii/i'i| In lii' ;ilii,iit I! iiiiJi'M liniii tlio
dliiiic."
('hniicfllor Kcni, who is intdinnd to advocate a .nore r-xtended limit, Htiil admits
lliat:—
" Arronliii^ III till' iMini'iii, 111 iiioili'iii (uitlinrity, t.lii' ;;i'ni'i.il lrrii(<iii;il jiMiHiJii'linii cvlciiil-i iiitn tin:
si'ii iiH I'lir iiH riiiiiiiiii-Hliiit will rriicli, mill nu l:.rUiiti'; iiiiij lli..s Im (^..Mi'iiiily i;iilculiit<;il In Ik; ii
iimiiiK! |('iij:;m'."
Calvo, one, of tlio most recent texl-writers, makes a corrosprndint,' Htatement: —
"\,i'M jiliiiti'H .juriili(:tii)lilirlli's il'iiii l'!liil i'iiilii;isai!iit, noii .Mriili^int lit -^o'l liMlitniir, liiiiiH I'licnn; li'.'i
iMiix i|ni 111 InivrrHi'iit mi ri^iilniiri^lil,, Ii'H |iiiiIh, Ii'H ImirH, Ii'h ^dUi'h, Ids I'ImIidiu liiiriiH ilr.M lli'iivi'M I'l leu
iiii'in riiclavi'cM (liui.H ,H(iii li'iriliiiii'. l/iimii^i.' Hi'iH'riil ilos' imlioiiH pi'iiin;! rgtili'iiH nl, fiii.x filiits li'uxcAv.vr
ridioliiin Hiir In mhu: iimiiliiiu! jiihiiiiVi ."> iiiillu iimriim on it I* poitoo ilu canon do luurs cote;;)."
kiir jiiri
Ihit I nood scarcely appeal to any other aiithf)rity than that of the United
States' (Jovernmcmt itself.
Ill a note to the Sfianish Minister, dated the KJtIi December, 1802, on tlie
subject of tlie Spanish claim to a fl-milo limit at sea, ^Alr. Seward stated :— *
"A tliinl |)iiii(i|)li' lioiiiiiiK on tlic .'iiilijorl is alsu wuli {;HtiililiHlii!il, namely, thai tliis I'XcIiiiivc
8ov(;I■(ii^;nly of a lialinn - lliiin aliiiii;;ing tlii: nniviTsal lilicrty ot tin' miii.s— oxlMiil-t no faitliiT lliaii
till! piiwor of tliii imlioii lo niainliiin il liy foriM', Mlatiiiiii;il on tlio roa.st, cxliniils. Tliis |irin'i|i!i; in
Uirsiily ii\|)i'i:HHi',il in liic niaxini : ' Trirn, ilniniiiiuiii Jinilnr nlil Jini/nf nriiinri'-iii i/s-.'
" lliil, it niiist iihvny.M lir a inattiT ol' iiiiriTtainty anil ilis|iiiti. at wliiil |iiiint lIu' fmi'i! of amii,
I'xcltwl on tlio roast, r.iii iirtnally iimwIi. Tlio iiiililiciHlH ratliiT inlvaii'i'il towanis llian icac.licrl a
soliitinn when tliry laiil ilowii tliii ruli; tli.it lliu limit of tin; lortii in tin: ianf.'i' of a laiinnii-liall. Tin;
rnnne of a cannon -ball i.s .sliiiit<!r or Ioiikim' aecorrlinjj tii tin; (.irininiKtain^i':: of ])riiJi'Ctioii, aiiij il must
Im iilwiiyH liable to cliaiij^o with tin; iininoveiiientof the H(iuni;(-' oI oiilnanii;. .Siii;ii nnnitaiiity ii]ioii
a |ii)iiil of jiiriniiietion or Hoveroignty woulil be prodiiotivi! of many ami eii'lless oontrovcrsii's ami
conlliutH. A more ]iraelieal limit of national juiisilietion iijimi the high seas was iiiilis|,eiisalily
necessary, ami this wa.s i'oiiml, a.s thi; 'Inilersigiii'il tliinks, in lixing tiie limit at '.> miles from the
coast. Tiiis limit was early proposed oy the jmblicists of all maritime mitions. Wliile it is not
insisteil that uU nations have i ec.eiiteil or aeiiiiie.swd and Ixaind themselves to abide by tlii.s rule
when aiiplied to thuiiiselvcs, yet three points involved in the subject are insisted upon by the Unit<jil
States : —
* Wharton's International Law Digest, vul. i, § 32,
jl
w
p
'i
m
" t, Tim' iliif liinil liit'i lii'i'ii iii'iii'iiilly icrdtjiiisinl liy iiiilliiim;
" '«!. Tint 111. iillii'i ni'iii'iiil mil' Iuim lin'ii in'i'cpli'ii ; iiml
' .'I, Tlih( if nii\ Mhilo Inn mir nii'il In lUiliH loi lUiiJI a !:'iui'i' iniill. IIh^< Iiih Ih'I'm iIhim. liy n,,
("icvfiHii 111' iimilHiiiii |iii\vi'i, iitiil I'tiiinlidili'fi nil i"(i'i'|iliim In lliii ni'iicnil ii)iili'iMliiiiillii|t h lili li'ii,,,,
till" I'miyo or i» I'liiiimli filinl (wlii'ii il in linnli' llin Icfil. nf jililiilii'tliiii I iil M iiiili'ii. Mm in'Mnniilv n
HiIm I'lllii ilri'ijiliMt, tliiil \Mili'iM I'liiiiiiiiiiily iii'.ii lliii iiHiniiHiliiiiM III' II riiiijni nl' I'liiiiinii hIhiI. iiimI :t umIii^
n<< |ll|lliv|l|(l||(^ III' iMii'li ullii'i III iitiii'i I'lmi'M, (liiiy iimp iIii' liillur ihiIhi'i'Mhii iim it Hiilmliliili. Ini |{,„
ruiiiiiii "
Ami in I) li)ti<i' iMiniiiitiiiii'iiliiin <in lli(< hiiiii" hiiIi|im<I nl' llio lOlli Aiij(iihI. jhiih,
ltt> oIlWM'Vl'H ; —
" Nii\i'l(li.'li"<i, Il I'lililiiil lii> iiilliiKli'il, iiiif iiiiliMiil in Ml' TiiMuiilil iiihIi'IhIiiihI In rliiliii, llml. n,,,
moil' iliHi'llinii nl' Il MiiM'ri'iun, liy nn ml nl li'ii.iiliiliiiii, linwiivi'i' mhIi'Iiiii, 'iiII Iiiivi' IIim pIIi'iI, i,,
t><<|il 111 it'll mill ii\ il < I'Vli'liiill liiili'iliiiiii iiiil>'ili>'liii|i Hill lifjlil III M jiiili4ilii'l,iiii III' M iiiilt>ii i<i ilniivoil
)iiil t'liiiii III! iiwti Mi'i'iin'. lull liniii tliii liiw nl iiiiliiiii'i, Mini I'liiiilM, I'vi'ii lliiiii|ili III' limy iii'Vri liiiv.i
(UMi'lilillli'il nv il'V. iiiil il liy illiv I'i'rIVi' nf lli'ililliilinll wIiiiIhih'Vi'I, III' iiilllinl . |iy iI Iiii'H' IIivh,,^
I'Mi'iiil Itii' liiiiil mill IK il III (1 iiiili'M, lii'i'iiiiMi', il' Il mill, III' I'liiilil In llm miiiiH' iiiiiiiih'I, mihI ii{,iiii
lliiiti\i"i nl iiili'li"il, iiiiiliili.iii. nr I'Vi'ii ii|iiiii i'ii|iliri'. Ill il nl iO, in ''H, m til) iiilli'M williiiiil llm I'liiimini,
oi iii'i|ilii>innii'|i nl' nllli'l- I'nvi'lM wliirti liiivn il I'nlllllinil liijlll Willi liiiiiunH ill llii' I'li'iiilnin iil' nil ||„
ni'c'ilil" Nlli'li II )ili'li'liniiiii rniilil iii'Vi'l 111' Hlli'innul'lilly nl I ijlllH'illly liiiiilililllli'il."
'I'll!' stMiii' |iriiii'i|ili'M uiMi' liiiil <|n\vn 'ii ti, iiiitc (iiIiIi'chhimI Iti Hir (i). 'riiiinilnn jiy
Mr. I'"i'i|i, (lion MinMi'dny nl' Hliid", mi (lin '21!nil .liinuory. 1H75, Mr. Kinh llinrn mIhIiiI;
'" \\'(> Imvo iilwtiVM nnilci'"!"' (\nil (inmi'iIimI HimI pnrsnnnl (n (inlilii' liuv nn niilinn ciiu
riitlillnlly i>l;iin\ jnriKtlii'lion (\( hi'1\ Itnyninl ii niMrini' lonivnc I'nnn (lir rurml."
Ill' ilu'u \\on{ un In CNiiInin llin nnly I \vn i'H('i'|iliiinN liiiil wnrc ..|i|iMr('nlly Iuiuhh
io liini so lnv MM (lin I'nilril Nliid'H \\v\i' t'lUin'rnt'i! ; ni'iliiin linvi'inic IiIIWm uiijili
;\iiniilli'il ilin Imiinlin^ nl' vi"isi'lH ;il ri ili'^dinnn nl" |. Inn^tU'H Imsn llic imhinI, wliii'ji, |m'
N;>i(l, liMil n«vnr Itnon no miiilii'il in |n7in(i<'n iir In ^fivn riHC fit niiin|il(iinl, nn llm |i,ii'i of
•.\ t'n>-<M(j;n ({('Vi'iiunrnl ; i\nil !i Trfiily lii'lMcnn llin I'nilril NIiiIi'h miiiI Mcxirn ,:I' \hw
in wlnnli (In- ' iniuilMi'V-linn linlwi'cn (lie Iwn SImIi'm wii'i ilc'icrilinil ni lii'i'.iiMinjc in Hii'
()iiU ul' Mcvii'ii, .'( Iru.'Oii'N Trani liutil. Ah ri'i'di'ilN lliii Hti|iiilt limi, lin dIihitvi'iI tliiii i,'
liml di'cn ('\}il,'\innil ;\\ llio (inin (lull il nnnlil nnly nll'ci'i (lie i ^flilw nl' Mnvii'ii ,'iiul llu'
I tiiloil S'nloH, tnitl \vns noviT inlcndnd In (rnnnh tiimn Mm ri(i!'(M nl' (Irmil lltilniii nr
of !\n> ndiov Power miiliM' (lio Invv ol' n;i(iiinH,
l( woiiKl soom. (Iiot'oliii'o. (luil Mr. I'lsli wmm onlii'oly iininMiri' ul' (lii> i'\i'i'|iliiin!il
jiuiMiiodon m Hohniur's >So,'i, v\ liioli is now snid In liino Ih'oii ciiiu'i'iIi'i! Iiv ill" lliiili'il
8(;»tos (o l\\i'>s>!i Ivoin ls'j;$ to \Si\'!, (raiiKlorroil In (In- rniloil HIiiIon, nh I'dr ns llir
Atuonortw oixixl w.-is oonoi'inoil, only oiiilil \o!U'h liolni'o ho «rolo, iiiid wliioli winilil
iM'osnmiiMy bo s\\\\ .lolviiouli'ilsii'il by (lioin ns lii'lonf.vinfr In JliiHsin nn llio ANiiilio sliuiv.
\ »uus( Miji|ioso Ihiil wliof. Mr. Ulaino s(fi(oH ili,'i( "Imlli llio llnitoil HlnloH iiml (livjil
UiiUiiii rooosini'ul. n'N|ii'oloil. nlioyml " (lio I'Kmso nl' |H21. in hii I'lir iv* il ,'illi'i'li'ii
Holiriiun'N Si n. In' Ims sonio oviilonoo (n pi ui.nn in ro}j,iinl (n (iio oniidui'l, nl' his
v^ninln wliioli is unKnnwii (n (lie world nl liiVfifo, jiiid wliioli lio Iwin mil us yil
j>ni.lno(\L Hn( 1 nins( lio allowoil iil(o!^o(lior (o doiiy (liiil Mio nKilndi' ol' (liv;il
l?\il;iin \\!\s snoli jo ho ri'jin'.Nonls, nv (li,'i( nIio ovor jidinilloil ])y iicl ni' hy milVcniiiri'
tho ox(r!\'>nlin;ir\ . iiiim ot in:-, idnio jnriMliolinn which (hal. I'Kmno ('nndiiiiod.
Tho in.'loMM o>>]>i(^s ol' ooirosiuinilonoo. o\lr;io(oii I'liini llio arohivoH nl' lliii Ollici',
«\,nko il vovy dillioull (o lioli<\o (l\n( Mr. Hlaino lins nni boon nlln^'lhor Iril iiiliM-nnr,
l( \vs\d(8 ('i»»n (iioni (hnl no( only did llor Mnjosty's (JnvonnnonI, I'nrni.'illy prnliNt
!«g;»iv.s( (liO rk:\M' on its (h-sl issuo as oonlran In (ho aoK iinw l('d;j;od law nl' iiiiliniis, hut
<'';M 'lio Knssi:)u l!\>\on;inoii( g'.'ivo a vorlial assuranoo (lia(. (ho olaini nl' jnrisilirlioii
\vo\ild no! W OM^iH'i.'vod. Ill (lio sub'-omiont nognliiiliniiN ^roal iin|iiir(aiMn iviis
att;voln\l (o ol>(aiuii\g a mniv formal disavowal of (ho olaim in (ho iiiimin'r least
hxjrtful (o Uvissiau su,<oo|'lihili(ios, lm( so as olVrolually to (irooludo i(H n>vi\al. Anil
this s<v\iri;y (i»o Hritish l5o\orn\m'n( nndonh(odly onnsidcrod (hat iioth (hey and the
I'u'tod ^taios I'.ad ohiainod hy (ho I'oiivoiHiinus o!' ]S2I. and I.S25.
V\xm (his jioin( (ho inslruodons givon hy Mr. (Joorgo C\"inninj» to Mr. tSlnitfonl
O.-^uninc whou iho la((or was named I'lonipotoutiary to nogntiato (ho Trcaty of 1825
havo ;\ matorial hoaring.
Writiug undor dalo (ho Slh l)ooon»hor, l.S'il, iiftor ;i;ivinp a simiiiiary of tlii'
r.Ol^1tia(lons »ip to that dato, he ut^os m\ \o say : —
•■' li IS iw.uiv.noJv.'ly iiuiilViixnit in us wlu'tlu'V wo Imslon or piLstiinno iiU ijiu'stioiiH n'N|ii'i'liiif; llio
liiv.its of toTTitoTiid j'iis,<i .'s'iioii on '.liol'onnni'iit nf Av.'."iii'n,liviUlu! iiivli'ius'ons nl'tlic Uiw.siaii Ukiisoi!
l^il. to cvohijivo lioiniiiion om'v tlu' I'luilio. inulil not cimliiiiii! lnn','i'i' uurt'iiualud without coiiijieliiug
us to Uk»> stime uie&jun^ of puWii' tmd olfeclu:il rouioiisiranco utjiiiutit iU
" Villi will, lliiiii.riri", lulfd Mill' III till' (litl, ImmImii'i' III l('|ri -« ntiy (ill<'iii|i(, y, j/lvn l,lil« clinnKo to
llli'i'liiil-ii'li'l' 'if III" lli'lfiilinlli'ii, mill will iImIiiI", willimil. tvv>ivi\ l.liiii. IIim |iiiiiil, (o wliiili iiloiili \,\m
niiljcil.iiili' iif III" lliili'ili Uipv"iiiiii"iil,, ;iiii| lliii ji'iiliiiciy iif II. Iliili-ili mitjnti, iiUiicli any I'.rciit
iiii|Miiliiiii'" i'l III" ''"I'll! ii'viiy 'i'l "■ iiiiiMiH r MM Mill" iliniiKii'i'iililn Vi IIiimhIh wi |iiriwilili'^ of Mim I'tlwt
nl'llli' HI f IH'il,
"Tliiit lliifi INiiiMi' in M'll. Mi'li'il ii|ii'ii, mill lliiit, iimlnictliKiH Imiv" Iniii; iii;ii ln'i'ii ni'tit, liy t,|i»i lliiMinn
(|i,»iiiiiiiii'iii III llii'li' I'liil/i'i'i ill til" I'lii'illi! Ill niiii|iMiii| llid cKcciilioii iiC ll,» (ir/pviMiKiiB, U l.riiM, Imb
,| iiiivMli' ill''iiviiwnl iif II I'llliliMlii.il I'liiiiii |>i MH ii'.iiiiily ii[;iij|r. . iJi" rii'/iviil iil' Unit, i:liiii(i ; l.liM
i,i(ii|ii'ii>ii"li III' III" "^I'liilinii III II |i|illii|)l" liiriy In' |ii'iri'"l|y iiiiiijiiil.ililn lAiilli Uii' "<iril iniic<| fiiiiiiil,iiliaiii!<)
l,f Hm' |ililll'l|li" llMI'lf
"Til" lii'lil III III" Miiliji'i In 111' IliM Mii|i"ilv In iiiivi;»iiti' fii'il'/ in llic I'licilli' cmiii'it, tid (I'll'l nfl n,
iiiiill'T 111' iiiiliil!!"iii'" rimii liny I'hwi'I. Iliiviii'; imn ln'i'ii piililii ly iiiU'ilioiK 'I, it. iiin'il, li" piililicly
l|r|il|o\v|i'il!!"il.
" \Vi' i|ii ii'ilr ili'Mil" tliiit. miy ili'ilinil. ii'li'ii'iii" hIihiiIiI lie niiiil" l,(i IIh' I/'I<mi(i nf |i!^l , lull, Wf do
|'i.('| it. iii'ii"i'Mirv tliiil till' 'iliili'iipi'iit. iif line rii'lit iilmiilil li" (li'iir miil iinMi'iv", iin'l timl. it. nliKiil'l
(liiml I'l.illi III llii' < 'iiiivi'iili'iii III lliii |iliM I' v/liii li |i|ip|ii'ily In'I'xiK't In it. iin ii (ilitin mul Miilmt(int,iv')
iilj|,iiliiiiiiii, mill nut. Ii" liiiiiiiilil in ii'i mi iii"ii|"ntiil <• inm'i|iii'iiiii ••! (il.lier mriinivniiiilM to wlii/li w<i
iiltiii'h I'liiiil'iiiiitivi'ly lillli' iiii|iiiiliiiii'"
"Tiii'i (ili(iiiliili"ii mIiiihI'i ill III" i!iiinl. 'if III" • 'iiiivi'iiUnn MiihIihIi'iI Ii('I.W"< l.'ii'miii (iri'l tlif)
I'liiiiij Hliiti"! Ill' Aiiii'ii'ii, mill WM u"" (III iciiiun wliy, iijiiin niinilni i liii'ii'i, wi ^li'iiiM not, (ilif.difl
i.?iiilly III" lili" iiiili'iriiilinn
" ji'iir I" ii't III' III" Miiniii (iiil.iirn iv" ''miinil. 'nii'ti'iil. tliiit, l.lic lilicity >il' niiviij.it.i'ifi t.lir'rtlf^ll
llnliliii!!'! Hlniil'i hIhiIiIiI Ih' ntiil,"i| in tlm 'I'lMity mm h liiniii I'ioki lliiiniii.
"Til" li'iiili'iii'V III iiiicli II iitiili'mi'iil. wiiiiM 111' In ifiv" ".'iiint'niiii'c l/i timi;" i liiinm nf i /'■limivo
iiiri'iiiii li'iii hiiiiIiihI. wliiili wii, nn niir nwn lu'lnilf mi'l on lliiit. nf t.lii' wIkiIm ' ivili/'i'l Wifl'l, pr')*';'!!..
♦ • • » • •
" It. will nf ciiiiiR" Htrik" III" lliiii'iiiin rii'ni|iiit"iit.imiMi l.liiit,, liy l.li'i (I'l'itil.inii (if t,lp() Affi'iriMiri
Ailiil" r"H|i""lin|.Miiivi!'iiliipn, ("^1' . tlii> iiin'/i'iinn inr mm ixcIuhIvh (litliMiy of 2 tcm^^ii'is frfini l,h«) (Xifwts
(lI'llHI |l"l(ll'l'livi' |llltl«inllillll'l fllllM 1.0 till' |/POIIMl|,
" lliil. til" iiiiiiiiMiun ii), lip truth, iiniipiitj'iiipl.
"Til" liiw 111 iiiitioii'i iiHMijoi'i III" "xiliiiiv" «ovi'i('i|oil.y 'il' I l''iii;ii'i l/i «■»' li l'o//<ir off itt oven
iiiiisIm, tt it Ipiiiit miy H|i"iilli'i| Hli|piiliiliippi, ippiil l.lpoiiyip .Sir C;|pii(I"m r.ip).;i<t, wiw i)iit,lporl/,'''l l/i «i[Op tip'i
I'liiivi'Piliiiii with III" "ipi'i iti" fit.i|iiiliitioii of 2 li'iij/iiiM, in iynmnn'", ol' '//Ipiit, |p;p/| liciri 'I'/i'lcl in t.tid
iliiii'iiripn Ciptivi'iitinn lit. till' liippi', vi't., hIIit I.IpiiI '.'onvention liiii lii"'ii vnin: Irlont.|p^ Iri.for'! Mm WitI'I,
mill iilliT till ii|i|iuitpiipity 111 ti'MinililiTiplion |p|p^ lii'irp fur""'! njioip nn liy t.lpc net of f.'iniitt li'TS'lf, wn
niiiii'il iinw roii'ii-nt, ill n"^;',t iiit iiij; ilii iiiirii, to 11 at.i|inliil.jon wlii' li, wliiln II, i'4 itiiaoliit'-ly nnirn[t'/rt<)rif,
III liny I'lmlii'iil i;iioil, v/oniil ii(i|ii'iir In (•■il.iplili'ili ii. cunt,! net, lii't.v/ccn l,lp" I.'int.'i'i Ht,(il,Mi mi'l im t/> onr
ili'imlviiiitipi;"."
Mr. HLrnirtinl (!fi(inin!<, in liiw (icHpfil,* li of Ui« lot, March, lH2'i, ind'tsing tho
Coiivciil.ittii iiH Ni^^nofl, wiyH : —
''WpIIi ri"!)iiM I til I'.i'lipiniMi .-ilinlt'i, I mip lin|i|ry to lifivo II, in my [lowr !/< nwiri- ym on tfp/r ynni
aullimily 111' tli" ltii>i".i(Pip l'li.|ii]iol.i'iil,iiiiic:i, ilml. tin' l'',ni|i<Toi of lfii.;Tia liii'i no iiit,<'nt,iofi v/ipfit/'v r of
I iiiiiiliiiiiiiii; liny I'xrlni'ii'i' ilmni In lli" Miiviijipl.ion of t.ti"'!/; Htrail,M, or of t.li". <v;;in \/> t.hii nortii of
tliiiiii.'
l*f
HUuiiiifiry (if the
TIh'wo ("xl.niclM hIiow «vin<'liiHivc|y : (1) t.huf. Ivri^latid rtifiiw'l t/i ;wlrriit, any \ifirf,
of till' HiiMHiiiM flniiri (w.m'rf<'tl Ity l.hc \lhtiw- of iHiil io a rnaritifrif! jiirit'lirfion ari'l
i'X('lii'.iv I'iijlil. Ill' llnliiiii^ Ihrnii'/li'iiit. Ww. vvlioji! (ixt.cnt, of Hint, flairn, from i'tf\inri<^'n
SlriiilM to lliii TiImI. piiriiijcl ; (2) thnt tli<' (>)ri v(^rifi'»n of IH2r» w.'m r<'<^ur(\i:(\ on tiofli
si'li's (IS II n'niiiici!i.li'iM on lit" purl, 'il I'lmtin. iif tli,'it, cinirn in it.H fut'irfty ; nri'i C'5)
Iliiit tli'iii|.?li Mi'lirin^'M Hl.niilH wiim l<nown jiikI H[)('ci(l(^;illy jirovi'h.d (or, J5<;lirifi^'s H';a
was Mill known hy Mint nuinc, lint, wan n-j^firdtid fi« part, of tli", I'fu-ifi'; 0';«;an.
Till- jiiiHWiT, tlificforr, (,o t.lic ()iicstion'( wiMi wliirili ,\Ir. i'lainr-, f/,ui:\iii]fA his
(l('KI)iit('li \H that. Hit .Majrst.y'H (iovfTnnicrit, havt; alway^ clairpc'l t.h'; fr'-'.-'lom of
imvi|,';iti()n fiii'l llHJiini^ in llir watfiiv fif Miiiiriri'^'M .Sea oiit^iiU; Mk; imnal f/:rTif,orial
limit, of 1 nitirinc, h'lujiii! from t,li(^ const; t,hat, it in irfi[K)^Hihlc to admit tiiat a puhiio
rii,'lil (o IIhIi, (rntoh HcalH, or piirHuc any otlic.r hivvful occupation on tho hiijh w-as
can he hchl (o he. ahMndonctI Jiy a nation fmrn the rncrc fact that (oj a (xtt&'iB
lUitnhiM' of ycai'H it. linn not Miiitcd the Hiii(jf!ctH of that nation to cxcrf:i.s<; it.
It innst Ix^ rciiicmhcnul that Hritish Coliirnliia has cornr; into fxistencc a-* a
Colony at a contpanitivcly rcct^nt date, anrl that thr; first c^nsirlorrihlc int'lux of
population, Hotnt! thirty years a^o, was duo to ttu! diwiovery of tfold, and did not tend
ti)!iM imiiiediatc develi,[im(!nt of the shipfiiii'^ intenrst.
i liiive to I'etiuesl th.'it you will eoirunnnieate a eopy of this despatch, and of its
iiiciosures, to Mr. Hlaine. Von v. ill state that Jler .vtajcsty's Government hare no
(Iciirc whatever to refiis(! to the United IStat<-H any jurisdiction in IJ^ihrinfj's S*.-** which
\va,s concodeil by Croat liritain to Russia, and wliich pnjpcriy a-cx-Tues to the present
n2o
imsRosKorn nf Alnnkn in vidiio ol' 'IVonlii'H or \\w Inw <if iiiilinnN; nml Hint if n,,,
Vnid'd SImIcs" (Jtivcnuiionl, Ml'lrr ('xiniiiiuHiim ul' 1,lii> rvidnnoo nml nrf^umoiilH wlii,.],
t Imvc i»ni(liict'(l, still (liiVor I'luni Uhmii kh to (ho itwilily oi' ilio riHiciil (>ii|ihii'CH in
thiit wii, tlii'j iii't' n>ii(ly to jifjn'f "uil (In' mii>8(itni, with llio isHUCN (linl, il(»|irii(i ujion
i(, nIio\iI(I Im< rriVrn'ii In iiiiiiMrtiiil ailiitt'iilinn. Viiii will in lliii<> rimo lii< aiiliiiiri/.nl
t) (Hnmidcr, in I'tmciMl, vvilli (Sir. Uliiiiit'. Ilu' nicllmil ol' pnHMMliirt' to l»o followed.
i iini, &{\
(HiKMod) HAMHHIMIY,
hu'loHiirc I in No. •Wi,
l.oni l.oiiiliiiiilirii/ III Ciiuvl l.ii'vvn.
i'oiriijii (}//iin, .hiitiiary |H, |H'2l!.
'I'lll'j l'iid<'rsiijni>il liiis tlio limiour licrcliy lo nt'KiiowliMli;c |Ih> nod' iKiiliv.,,.,!
(o liiin l>_v HoiHin dc Nicoitii, ol' tin- r„Mli Novrnilicr IhhI, covi'riiifr n vwy^' of tin I'Kjim'
issncd liy His Iin|ii'rifil M.-ijcslv lln' l'jn))i'i'ni' ol' All (lie lliiNsifis, iind lii'iirinjj; dnti' llic
■t(li Si'nlcnilu'r, 1S'2I. I'm' v.'M'ious imm'Iioscn (licri'in scl I'orllt, ('N|H'i'inlly (mmuh'cIimI willi
tlu' Icrriloi'ifil riiiM.s ol' lii'< Crown on llic norlli-wcNicrn coiinI ol' Anit'vicii lionlciin;^'
njxiii llic I'jii'illf, .-nid (lie coninn'rcc find niivi^iilion ol' His lin|K>riiil Miijfsly's nmIijciIs
in (Iu> seas !idi;i('i'n( llicri'lo.
This dot'wnirul, oontaininif Ht>ii:nl!ilioiis oi' f^rcnt cNlont and imporlMnct', IkiIji iii
it.s (I'rrilorial an<l n\at'ilinio li(<iirini>s, lias liccn considorrd with Iho iitnioHt alicnlion,
nnd wi(h Ihosi' ravoinvildc scnliincnls which His Majcslv's Oovi'rnnicnt alwM_VN jjcnr
towards the .'ids (d'.'i Slaii' with which Mis Majrsly has Iho salisl'iiclion lo I'ccI liimsclf
»'onni'cl('d hy (he most intiinalo liis ol' rrii'ndshi|) and allianci', and haviiif^ Ikmmi
rcl'cn'cd I'or ihc Kcport oi' (hose hiivh h'ii;al anthorilics whose <lnty it is to advise Mis
Majesty on sneh mailers, the llndersii;ned is direeled, till sueii friendly explimMlidus
ean lake place helween the (wo (iovi'rnnien
Is as niav ohviale Miisundcrslandinir ii
pmi
so delicate and iinporlani a poitd. to make snch provisional protest ii|4;ainst Iheeimcl
n'.ents of the said I'k.'ise as may I'nily serve to stive Ihe ri;i;hls id' His Miijesly's Cn
and m;»y protect Ihe per.'
d properties of His Majesty's siihjeets (rom molcNliil
mil,
inn
in the exercise of their lawful calliiiLTs in I hat ipiartcr of the i^hdi
Tlie l'ndersii;ncd is eoinniandcd to acipiaint Count liieven thai, it heiiiu; llic
Kinsr's consl.'inl desire to resiiecl .and c;inse lo he respected hy his snhjecls, in llic
fullest miuiiicr. Ihe Mnipi ror of IJnssia's just rijAlils, His .Majesty will he ready to enter
into .amic.ahle expl.anations upon Ihe interests .•ilVected hy this instrnnient, in siieli
manner as m;iy he most acceptahle to His Imperial Majesty.
Ill the nu'.'intime. upon Ihe snhjcci of this I 'kase i^enerally, av.t especially iiiioii
the (wo main principles of claim l.-iid down (herein, vi/,., an exclusive soven'ii;iilv
alleged to heloiiL; to Unssi.-i over the lerritoiir-s therein descrihed, as also the exclusive
riu'ht o'^ navii;atiiii; and tr.-idini:; within the maritime limits therein set lorlii. Mis
Urit.'innic M;ijcsty must he loiderslood as lierchy rcserviii}^ all his rifi;hls, not liein;,'
prepared to admit that the intercourse which is allowed on the face of this instnnneiit
to have hitherto subsisted on those coasts, and in those
seas, <'nn
he d
cemcd to lie
illicit ; or
w
that 11
ic sliips o
dlv I
owers, even supposini^ an nnq
niuiualitled soverei'Mitv
as jiroved lo a|)pcrt;iiii to the linpcri.al Crown, in these vast and vcM'y impcrl'eclh
occupied terrilorii's, could, hy the ackiiowledit'cd law of nations, he excluded fnnii
navii;atin!:: witliiu the distiiiice of 100 ll.'dian miles, as Ihcrein laid down, I'rdiii Hie
coast the exclusive dominion of which is assumed (hut as His M.-ijesty's (iovcriimeiil
conceive in crntr) to helont,'to His lmperi;il Majesty Ihe I'lniperor (if All the l!iissi:is,
(iSigiicd)
LONDONDI'IHIIV,
5S1
InoldHuro 2 in N(i. W\i.
Mfmtiriinihiin hij l/iv Diikf of \Vrlli)tiiUni.--(^i']tlvmlii'i II, IH22.)
IN tlif (MiiirHo III' ». cKrivfrMiiliiiii wliii-li I luiil yi'Mlciflay willi ('(Hinl liicvrii, lie
jiifoi'iin'il lli'if' I"' '">•' l"'<'M fiinM'Icil Id (^ivc vci'luil cxiilMMiilioris ol' llu' rkiitc rcM|HTliii^
lliii iiiiilli-vvcslci'ii I'liiisl. 'rl' yNincricii. 'riicsc ('\ |)liimili<nm \v<'iil, ln' hmIiI, I<i IImh, llial.
till' |'!iii|"'ri>r flid nut |ir(i|iim(i )(i ciirrv inln CHfciiliuii IIk^ liKdMc in \\h cxti'mlcd m^riHi? ;
lliiil lli^ lm|H"ri.'il MmJi'kIv'n slii|iM liiid lici'ii (lirccjcil In rnii/,c ni tlii^ Hlidi'lfNl, |l(l^^i|||<^
disliiiii'i' IVoDi tlio Hliin'f, in ni'ilrr U\ HU|i|ii,v Mm' iwilivcH willi iii'inH iumI iiniinUMilinn,
iiikI ill iii'(l)'i' III wni'M till vi'hhi'Im tliiil Unit wiih IliM lni|H'i'iiil Mn ji'Hly'M iloininion, nnil
lliiil IIIm lm|M'rinl Mjiji-Mly Imil licHidcs i^ivi'ii (lii'cclionM lo IiIm MiniNlfr in llic llnitcd
Sliili'N III ii|;rri< ii|iiiii ,'i 'ri'i'iil.,V III' I'iinilH with liic llnili'il Htnh^H.
r '
IrmloHiin^ .'J in No. ;tH2.
» '1
Mr. (I. dmnihn/ In l/if l)ulir nf IVrlHiii/loii.
My l/'I'd l'l'l<«% h'orrit/n ()//irr, Svplrmhn 27, IH22.
Yn|!|{. Oriicr in (ilrciidy in |)(WMCHMi(in ol' nil tliiii Iuim |i/isHcd Ixilli here nnd at.
SI, I'l'liTNliiir^^li, fin tJic Hiil>icct, ol' tlic i.Hmic, in Hi'|ilt'inl)cr of Inut, yciir, liy tln' l'iiri|icror
III' KiiNsiii. ol' Mil IlkiiNc, indinMdIy (iHmTlin^t "n ixrliisivc riiflil. of sovcrcij^nt.y from
Hi'liriii«:'N Htmit.H to I lie, uIhI, dcunv id' north Intitiidc on the wcnI roiiHl ol' Anii-iirwi, nnd
to till' irdli di'i^ri'i' noi'lh on llii! o|i|iositiM'Oiist ol' \Hh\\ nnd frm « (innliUfd cxiTcim' of
Hint. I'ii^'lil) prohiliitinj^ all I'liridi^n Nlii|m, under iiiiiii of roidiMc.'ition, I'l'oni ii|)|)ro!irliint(
Hilliiii l<M» lliiliiin niiii'M id' tJiosi- roriHlH. This ilkiisr having ln'''" ("itniniiiiicati'd hy
Haroii Nirolai, tin' ItiiNHian (Ihari^'i'- d'Atrairi's at. this (!oiirt., to Hit VlajcMt.y'H (Jovcni-
iiicat, was rorlliwilii unlimilti'd to tlii^ li-|j;al a.iitliorit.ici wIiohi? duly it. is t.o advini! His
Miiji'Kly "11 Hiirli maUi'i'H, and a. note was in i'oiiNi'(|itfni'c addifsHrd hy lliclatc Maripiiw
(if l/iiiidondi'i'i'y toOonnt. Lii^vrn, tlir It.iiHhian .\niliasH;<diir, and also cotniniiMiiwili'd to
IIJn MajcHl.y'H AnihuNHadoi" at. Hi. j'ldi-i'.shiirf^li, iiroti-stinLj a!.jaiir.f Ihi' <'nai'ltni'nlH of fhf
said I'kiw', and nM|ni'stin(< siirli ainirahli- cvidan.'itionH ai ini^'hf l.iind to ri-conrili- the,
|irrtciisiiiiiM of ItiiHsia, in thnt. (|ni!itiT of the t,Hohc with Ww. jiml rit^hts of llin Maji^Hl.y'M
CidWii and t.ho int.rn-HtN id' Ihh Hiihjrrt.H. ,\m smdi i-xplanalions will pioiiahly In; olfr-n-d
Id your (iracn diirini; IIk- (JonfiTcnrcH ahiail to taku plai'i- ;il Vii'iina, I hastirti f.o
sii,'ail'y to yon tin- Kinfj;'H noniiriandH t\'^ to tlii' lan!.^iia^'i' wliiidi yon will hold on thn
|iarl. of IMh MajcHty npon ihiH .snhjiMd.
Till! opinions i,nvi>n in Novcnihin' and DiM'iTiihi'i' last hy Lord Htovvidl and hy His
Majesty's ,\dvorati'-<Jiini'ral (ropii-H of wliiirh are already in your possession) will
I'nnii'^li y>Mi with tliii hi-Nl ie^iil ari^iinientH in opposition to the prelensions put forward
ill till! Itiissian I'kaso; and, as in hotli these o[(ini(His iniieh stress is very jiropeily lairl
ii|i(Hi the Kt.ate of aetiial oeiMipalion of the territories elaiiried hy Itiissia, and th
ilin'ereiit. periods of tiinii at whiidi they were ho oeenpied, I have ohtained from Mie
(iiiveriior of t.lii' prineipai (.'onipany of His Majesty's siihjeitts tradiri;,' in that, part.
Ill' the world the information wliieh your (Jraee will find in llie inelo^ol papers.
'I'liat. information will enahh- yon Huniidently to prove to the Itnssian Nlinisler. not.
iinly tliat, the point of prior dise.oviM'y niay he fairly disputed with liiissia, hut that the
miieli more (icrtain fith; of actual occupation hy tho .itceiits .inil the t.radini,' servants of
the Hudson's Hay (Jotnpany extonds at. this moment lo many dei^rees id' hit,'lier latitndo
on the north-west coast of .Vnierie.a than is riainied as the trrritriry of Kiissia hy the
I'kase in ipu'stion.
l';iilij,'htoned statesmen and jurists have Ion;; held as insii^MiirKtant all title-, id'
territory that aro not founded on actual occupation, and that title is, in the opinion of
tlioniost esteomed writxirs on pnldic law, to hoestahlished only hy |Mactie,'il use
With respect to this otlu'r points in the Lkase which havr; the elfeet of extcndinf;
till! territorial rifj;litH of I'lissia over Ihi adjacent seas to the luiinceedentiMl distance of
100 miles from, ilio lino of coiwt, and of elo.iin<,' a hitherto uiiohstructed passai,'e, at the
prt'sont momont. tlio (d)jcct of important discoveries for the promotion of 'general
eommurco anil niivigiition, these pretensions are consiilcred hy the hest lei,'al authorities &8
positive innovations on the rif^lits of navigation; as such they can receive no explanation
from fnrtlier discussion, uor can by possihilit y ho justilied. Common usji|ije, which has
L128J 3 X
'ii
fh
;
622
obtained tho foroo of law, Ins iiult'cd assigned to coasts and slioros nn nopogsoria]
bonndary to a siiort limited distance I'or purixtsesol" |)votec'li(>n and i^eneraleonvciiicnf^
in no manner interlevinfj; with tiie rij^lits ol' otiiers, and not olislrnctini; tiic IVecddiii oj
general eonnneree and navigation. lUit tliis important (jiialilication the exlcni of (],f,
present elaim entirely exi'liules, and wlien siu^li a in'oliihition is, as in the present, caso
ap]>lied to a 'ong lini; of eoasts and .-iKo to interi'udialc! islinuls in reniot,' seas, \\],,.ff,
navigation is heset with innunieralde and miroresecMi dillienlties, and \\]wir, tho
i)rinei[)al eni[)loynient, of the lislieries iiuist !)(> jmr^ned nndor eirciimsfanei's wliicJi are
meonipatihle witli tin' pveserihed eonrses', all pailicnlar eonsiileralions cunciir, in
an espiH'ial manner, wil-li the general priniMpie, in repelling sneh a ])rr|i'iisi(iii as
an (Mieroaehment on the IVeedom ol' iia\igation. and Hie nntilienahle riLilits df ;i|i
nations.
I have, indeeil, the satisl'aetioii to hclieve, i'rom ;i enni'ereiiee which I have Jiail
with Count Lieven on this malt(>i', that upon thes<! two jioinis - the attempt tDsimt
up the passage .'d together, and tho elaim ol" exclusive dominion to so enormous a
distance iVom the coast — th(> llnssian (iovcri\inent are ])re])are(l entirely to waive lliHr
pretensions. The only elTort that, has been made to justify the latter elaim m;is liv
reference to an Arti<'le in the Treaty ol' Utrecht, whicli assigns ;i() h>agiies Ihnu ihl.
coast as the distance of ])r(diil>ition. Unl to this argnmeid it is siillleient lo auswxa'
that tho assumption of sneh a sjmee was, in the instance f|noted, by stipnlatieu in a
Treaty, and one to which, therefore, the party to he alVeeled hy it had (whelhcr wisdv
or not) given its deliherate consent. iS'o inference eonld he drawn I'rom that tr;ins;K'tioii
in favour of a cdaim hy authority .-ig.'iinst ail the world.
I li;tV(^ little donhl, therefore, hut that the pnhlie notilleation of the elaim to
consider the jiortions of the ocean included hetween the adjoining coasts of AiiU'iica
ami the Russian I'.mpiro as a miiyf rlniixam, and to exteinl the exclnsiv<> leriitiirial
jurisdiction of Uussia to KM) Italian miles frmn the coast, will ho pnhlicly it'callnl;
and T Innc tlu> Kini^'V eomnnnds tu ii\str!iet your (irace further to reipiire ol' the
Kussi.au Minister (on the ground of the f;iets and reasonings lurnished in lhis(i(N|iatcli
and its inelosiu'(>s) that sneh a portion of territory .-done shall he detined as heloiisin:;
to ]{ussia as shall not iuterfer<" with the rights and ;ictual jjossessions of His .Majcstv's
suhjeets in North AuuM'ie.'i.
[ am, &o.
(Signed) UKO. CANMNti.
Tnolosure 4 in No 3R2.
Mevioriniilitm on l\us
I'hi.-r f)(lS2l.
•tor
TN the month of Septemher 1^21 Mis hn|)erial .Majesty the I'lnipenn- of Itiissia
issued an l;'kas(> asserting th(> existence in the Crown of Uussia of an exclusive visrlit
of sovereignty in the countries extending from Mehrinu;'s Stnnts to th.; .">Isl deL;rriM)l
north latitude on the mc^I coast ot Ann-riea, ;ind to thi> l.'ith (legre(> ol north latiluilo
on the op|>osiie coast of Asia ; and. as a (|uaiilied (>x<'rcise of lii.il riuiit e'' sover('i;,'nt\-,
]>rohihiting all foreign vess(ds from ap|>roii(diing within lOD Italiiin miles ,.i llioso
coasts.
After this rkas(> had lieen suhmilted hy the kinu;'s (iovernnuMit to those li';'i>l
authorities whose duty it is to advise His .M.ajesfy on such in.-itters, a note was
addressed hy the late .M:\r(]uis of Londomlerry to Coni\t Ijieven. the Russian Aiiilias-
sador, protestiui,' against the enaclnn'uts of this I'kase. and reciuesting such aniicahlo
explanations as might tend to r<'concile the ])reteusions of liussia in that (luaitor
of the globe with the just rights of His M.ajesty's Crown ;nul the interests of Jiis
subjects.
"Wo object, llrst, to tiie eiaim of sovereignty as set forth in this Ukase; ami,
secondly, to tho mode in which it is exorcised.
Tho best writers on the laws of nations do not attributo the exclusive sovereiiinty,
particularly of contiuiMits, to those who have lirst discovered them ; and ;dthoii|;li we
might on good grounds dispnie wiili Uussia ilie prim-ity of discovery of these
continents, wo (contend that lli(> much nnn-e easily ])rov(>d, more conclusive, and niw
certain title of ooeupation and use ouu'ht to decide the (daim of sovereignty.
Now, wo can prove that tiie Knglisii Nortli-VVest t;omi)any and the iliulsnii's
Hay iJonipany have for many years ostahlished forts ami other trading-stations in
a country called New Caledonia, situated to the west of u range of mountains ciillwl
623
Rooky Mountains, and i^xtondin^ ulonsj the shores of the I'aeiflc Ocoan from latitude
^f to liititudo (50°.
•|'Iii> Company iiivowise possess factorifs and oilier estal)lishments on Mackenzie's
River, wliicli falls into tlio Kra/.er I'iver as lar north as latitude (!()" 150', from whence
tJipy t'ai'i'V on trade with the Indians inliahitinL,' tin- countries to the west ol that
river, and who. from the nature of the country, can communicate with Mackenzie's
Rivrrwith more facility than they can with the posts in New t'ah'dcmia. Thus, in
iinnosilioii <o the idaims founded on discos ery, the priority (jf which, howcvc'r, we
coui'i'ive we niii;iit I'airly dispute, we have the inilispntahio claim of occupancy and
use lor a serif>s id' yi>ars, whieli all the hest writers (in the laws of nations adniit is the
l,Pst-founded claim for territory of this dcscrii)tion. Ohjccitinj;;, as we do, to this
claiiii (if exclnsivi! sovereii^nty on the part of itnssia, 1 inii^ht save myself the trouhle
ilisciisr^iii!,' the particular mode of its exercise as set I'ortli in this Ukase. But
oliicct to tlu! sovereignty proposed t(i he exercised under fiii.s Ukase not less than
lo to the claim of it. We cannot admit (he rii^lit. of any I'ower jjossessiui? the
sovrrci^'uty of a eoniitrv lo exehid(! the vessels ot otlieis from the seas on its coasts to
tlu' distance of 100 Italian miles. \\ C must ohject likcwis(^ to the arraiigenu'uts
fDiittdncd in IIk; said Ukase conveying; to private merchant-ships tiic riu;ht to searcdi in
lime of peace, itc., wiiieli are quite eoutrary to tlu; laws and usages of nations luul to
tJii'piacUce of modern times.
(Signed)
]'iT()ii(i, Oclolitr 17, 1^22.
To Coinit Nesselrode.
(II
ivc (
WELLINGTON.
inclosure 5 in No. 382.
CuHiit Nesfielrodf lo the Duke of WclUuijIon.
(.M('Ma(iire Conlidentiei.) Vvrnnc, Ic 11 (23) Norembre, 1B22.
\jV, Caliinetde INissie a pris en mure consideration Ic ^I ('moire Conlidentiei qnc
)|. if Due (h' WellinLcliin lui a reiuis ie 17 Oeiolirc dernier, relativ(Mncnt anx mesures
luliiptees ])ar Sa .Majest('' I'l'lmpereur. sous la date du (I) l(i Se|)ti'ml)re, ls21, pour
ilcli'i'Mn'ner r(Hendne des pessessions I'lisses sur la e(Me nord-ouest de r.\nu''ri(jue, et
piiiH' iiiterdiri" aux \aisseiiux etranj!;ers Tapproelie dt> ses possevsidus iMs(]ir;''i la distance
(le KHMuilles d'ltalie.
Les (invert in-es i'.-iites a ee sujet an (.louvernemeut de Sa Majeste nritanni(]ne
]iai' Ic Comtc de liieven an moment oil cet Amhassadeur allait (luitter Londrcs
(loivcnt deja avoir prouve (\\\r I'dpinion (pie 1(> Cahinet de St. .lames avait con(;ue des
mesures (hint il s'ai;it n'etait [loint f(iM(l(''e sur line appreciation enti(""r(>ment exactc des
viios (le Sa .Majesli' Impi'-rialc.
\a\ ltussi(> (^st loin de na'connaitre que riisau;e et I'occiipation constituent la jilus
Milide d(>s titres d'apri'^s li>s(iuels nn !''tat piiisse rcelamer des droits de souveraincte
siinine portion (lueleonque du Continent Jjji Russie est plus loin encore d'avoirvoulu
mitivpasser arhitraireuuMit les limites ipie ce (itre assif^-ue a >-cs domaines sur la ci'ite
mml-diicst de TAnu'-riipie, on ('rin(>r en )irii:eipe i^t'-iu'-ml de droit ma;'itime les ivj^les
i|ii'ime necessitt'- puremeiil locale I'avail oliligt'c de poxT pour la iiavii;ation etrany;^rc
linns le voisiiiai^e de la ])artie de c(>tte ei'ite (pii lui appartient.
O'etait an c(mtraire ])arce qu'(dl(> rcfjardait ces dndts de sonveraineti" comme
feitinies, et parce (pie des eonsidi'-rations imperieuses tenant a rexistence memc dii
CDinmcrce (pi'dle fait dans Its paraires de la c(')te nord-ouest de rAmeri(jue, la foi(;aient
;i I'talilir im systt'^me de pivca lit ions deveniK^s indispensahlcs, qii'idle a fait paraitro
rOukase du (I) 1.(5 Septemhre, 1H2U
liii ilussic serait (oujonrs prete a laii(> pari des motifs (pii en justitient les
ilispiisilions ; mais pour Ic moment (die se iHirnera anx ohscrvations siiivantes:—
iM. le Due d(> Wtdlini^ton allirme, dans son .Mt'-moire C'ontidentiel dii 17 Octohre,
i|ue (It's t'tahlissements Aiiiilais, appartenant a deiix Coni])a^nies, celle (li> la Baye de
Hudson et celle du Nord-Ouest, se sont I'tn'mt'-s dans iine eontree a]>pelt'e la Nouvelle-
Cnledonie, (jui s'ctend le Ioiilt de la cote dc rOci'-an I'aciliipie, depuis Ic W jusqu'au
60' dogrc de latitude septcntrionale.
la I'uissie jie parlcra i»oiiit des etahlisseincnts (pii |)eiivent t>xistt>r (>ntre le t!V ct
Icrd' paialltMe; mais tjuant anx aiitrcs, elle n'ht'sitc jias de eonvenir tpi'elle en ignore
jusqu'ii pivsont rexistence, pour autant au inoins qii'ils (oiudieraient TUccan I'acitiquc.
Les Cartes Aiiglaises m6me les plus recentcs et les plus detaillees n'indiquent
[18] 3X2
'•■' \l
I
* 1
•i .
''
i
KvIj
Hhs
'
r
!
1
if
Ji(
HI
,
1
A
524
absolumcnt auouno dos stations do cimuiierco montionn(5os dans lo Mrinoiie ilu
17 Octolm', siirlii ciMc iui"iu(> dc rAint'iitiiic, cntro lo 51' ol lo CiO'' dogvo dc lalil»(|,.
si'iitc'iitrioiinlo.
D'liilU'urs, dcpuis It-s cxiu'ditions do Holiniii; ot do Ttdiirikofr, «!'ost-ii-diro dcpuis
l>r«is d'uii sicVlo, dcs i'tal)lissonioiits Uusscs out |»ris, ii partir du 00" dofi;iv, imo extension
lu-OLfirssivc, (|id dtV rainu'c 170!) I<'s iiv;ut I'liit |nirv»Miir jusciii'au oo" pamllMo, fominr |r
portc la |)rciui»'>ro oliarto do la Coiui)Mt!;iiic Jlusso-Ainorioaiiio, oliart(! i\m a r(!(;u danslc
toinjjs mio publioito ollioiollo, o( (|ui n'a motivo auomio prolostation do la part dt;
rAiijTlotono.
(>t(o inoiiio oliarli! acoonlait a la (JompafJtnio llusso le droit do poHcr scs
«ital)lissomonts vers l(> niidi an dola du 55' doi!;rc do latitudo soptcntrionalo, |)oui'vu (pn;
do lols aooroissonuMils di" tori'i(oin< no pussout douuor niotil' do rotdanuitiou a aiiciiiic
i'uissaiu'o otrauf^oro.
l/AnijIotoiTo u'a pas uou plus in'o(oN(('' ooulro ooUo disposition; olio n'a pas mniu'
mdamo contro les nouvoaux ('(ahlissoiuouts (pio la Conipa^iiio ISusso-Amoficaiiic a |m
i'ornior an sud du 55' dou;ri'', oil vortu do ro priviloi^o.
La JJus.sio olait dono ])lointMuoiit aulorisoc a prolHor d'un conscnitoniont (pii, pour
Hiv (acilo, u'on ('-(ait jias uioins soloiiuol, o( a in-tonuinor pour bornos do sos doniaiiiis
lo doyio do latitudo juscpi'auipu'l la Conipai^nio Husso avait otondu sos operations
dopuisl7»n.
Quoicpi'il en soit. of (pioUpie lorco ipu' I'os oireonstauoos protciit au\ litres (k' hi
Uussio, Sa Alajesto linjii'iialo no doviom point dans cotto oonjunoturc du systenn'
babituel do sa politicpio.
Lo pronii(M' do sos \(enx sora ton jours do provonir touto discuission, otdo ('onsolidiir
do ])lus on plus ios rapports d'amitio et do parfaito iutoUigcnoo (jn'olle sc lelieiti'
d'ontrotonir aveo la Cinindo-Hrctagno.
En conso([uenoo I'l-lniporoin' a oliarj^o son Cabinet d(! docdaror h il. le Due dc
Wellinii'lon (sans quo ei'tte doelaration ))uisse prejudioior on rion a sos droits, si idli'
ji'otait point aeotipieo) <pi'il est pivt a Uxor, au luoyen d'line ni'';4;ooiation aniieaie, tt
sur la base des <'onveuanees nuitnelles, les doi;Mvs do latitude ct do longitude que les
doux I'uissances I'o^arderont ooninie dernieres limites do buirs jiossossions ot de leiiis
otnblisseir.onts sur la oot-o iu)rd-ouest de TAnu'-ricpic.
Majeste [nqxMTilo se plait a oroire (jue ootto m'lfioeiation pourra se leriniiii'r
sans ililliculto a la satisfaction reeipi'o(iii(! dos doux Mtats; (>t lo Cabinet de Uiissic
pout assuror dos a present M. le Due de \V(!llini>'ton tpu; Ios mesuros do precaution ct
do surveillanoe ([ui seront prises alors sur la partio llusso do la oAto d'Ainoricpie sc
trouveront cnti^roinent (MHitbrnies aux droits dorivant do la souvcrainoti^., ainsi qii'aiix
usages olablis cntre nations, v.\ ii\i'aueuno jilainto Idgitimo nci pcnura s'elcvct
contrc olios.
('rraiislation.)
(Confidential Aleiuoranduni.) Vrroiui, No»embi'r 11 (2;{), ]>?22.
THE Cabinet of Hussia bavo taken into mature oonsidoration tlio Confident iiil
jSIemoranduni forwarded to tboiu by tbo Duko of Wellington on tbo 17tli Oetohcr
last, relative" to tbo nu'asures adopted by His Majesty tbo Emperor, under date ol tiir
4tb (Ititb) Sej)teniber, 1S21, for detining tbo extent of tbe Russian possessions on tlic
iu)rtb-west eoast of .Vnierioa, and foi* forbidding foroign vessels to apprcxuili iiis
possessions witbiu a distanoo of 100 Italian miles.
Tbe overtures made on Ibis subj(!ol to tbo Government of His liritannic MajtMy
by Ccnmt di> Liovon at tiie moment wbon tbat And)assador was about to leave London
nmst already lia\o i)rove(l tbat tli{> opiuiori wbiob tbo Cabine!; of St. James' bad I'oruiod
of tbe nu'asures in ([ucstion was not founded on an outir^ly acouratc appreciation
of tbe views of His Imperial ^Majesty.
Hussia is far from failing to reeogni/.o tbat oustomaud oooupation constitide 'ln'
most solid title upon wbiob a State ean olaini rigbts of sovovoignty ovtu' any portion ol
tbe mainland. Russia is still furtlior from baving wisbod to arbitrarily transgress tiic
limits wbi(di tbat title assigns to ber dominions on tbo north-west (soast of Anieric;!.
or to exalt into a general principle of maritime law the rules wbiob a necessity ol
purely local cbaracter bad obliged bor to lay down for foreign navigation in tlic
neigbbourbood of tbo portion t)f tbat eoast wbiob belongs to licr.
It was, on tbo contrary, because she regarded those rights of sovereignly ai
legitimate, and because imperious considiMations involving the very (jxistonce of tin'
euumun-ce which she carries on in the latitudes of the north-west coast of America
compelled ber to establish a system of precautions which became indispensable, that
she caused the Ukase of the 4th (10th) September, 1821, to be issued.
JIIS ft (l(! IcillS
r)25
Itussin would be always rondy to ox[)lain tlio motives whiiili justify the provisions
,il' tlmt (locumcnt } but lor the inoinout sho will coiifmo hursoll' to the following
(ilisiTvaiions :—
'I'lic Duke of WellinH;ton asserts, in liis Confulential Memorandum of tlic 17tli
(Jctolicr, that Eiii^'lish estaldishmenls helonyinj,' to two Coini)anies, the lludscm's iJay
('(im|Miny and the North-AVcst Conipany, hiive been I'orined in ii eountry called New
C'alo(li)nia, whi<!b extcniUi aloiin' the coast of tlu! I'acitie Ocean from the i-Uth to the
(lOtii ile^Tce of north latitude.
liussia will not refer to the establishnionts which may exist hotwct'n the lOth and
•,1s) iiamih'l ; but, with reu:ard to the others, she does not hesitate to admit that she
i^^ II)) to the present, ignorant of their (^xiston(•e in so far at least as to their touching
the I'acilic Ocean.
liven tile most recent and most minute English Maj)s give absolutely uo indica-
lioii of tiie trading stations, mentioned in the Memorandum of the 17th October,
on tin) coast of America bctwecMi the 51 si and (50th degree of north latitude.
On the other iiand, since the exjicditions of JJehring and 'J'chirikofT, that is
nearly a century ago, Russian establishments have extended progressively from tho GOth
degree, so that by the yeaj" 17'.)!) they had reach«!d the 5.")th parallel, as is shown by
tlic first Charter of the Uusso-Anierican Company, a Charter whicih nseeivcHl oflicial
miblicity at the; time, and drew forth no protest on the part of England.
This same Charter gianted to the Russian Company the right to extend its
(stnhlishments towards the south beyond the 5r)th degree of north latitude, provided
that sucrh increase of territory could not giv(! rise to objections on the part of any
foreign i'ower.
Nor did England j)rotest against tiiis provision either, nor did she ev(!n object to
the new establishments which the Russo-Aineri(!an Company was able to form to the
simtli of the 5.jtli <legre(! in virtue of that privilege.
Russia was therefore fully entitled to profit by a consent wiii(!h, for being tacit,
was none the less solemn, !ind to fix as the boundary of her dominions the d(!gree of
liitituile uj) to wfiieh the Russian Conipany had extended its operations sin(!e 17!)9.
He this as it may, and whatever force these eircunistances may give to the titles
of liussia, His Imperial Majesty will not deviate at this juncture from the habitual
system of liis policy.
His first wish will ;>lways be to prevent all discussion, and to strengthen more
ami more the relations of fricMidsbip and complete nnderstanding which he is hajipy to
maintain with Great Rritain.
C()ii8e(|uently, tin! Emjieror has charged his Cabinet to declare to the Duke of
Wellington (such declaration not to prejudice his rights in any way if it be not
accepted) that he is ready to fix, by means of friendly negotiation and on the basis of
mutual accommodation, the degrees of latitude! and longitude which tlv two Rowers
shall regard as the utmost limits of their possessions and of their establishments on the
north-west coast of Anu;rica.
liis imperial Majesty is pleased to believe that this negotiation (!an be completed
without (lifliculty, to the uintual satisfaction of the two States; and the Cabinet of
Russia can, frcmi this moment, assure the Uuke of Wellington that the measures
ul' precaution Jind superintendence wliich will then be taken on the Russian part of
the coast of America will be entirely in conformity with the rights dt'iived from
sovereignty and with the established customs of nations, and that there will be no
liossihility of legitimate cause of (iomplaint against them.
■m
f-\
'4
Inclosure G in No. 382.
The Duke of yVellinylon to Mr. G. Canniny.
Sir, Verona, Nnvemher 28, 1H22.
I INCLOSE till! (!opy of a Confidential Memorandum which I gave to Count
Xesselrofle on the 17tli October, regarding the Russian Ukase, and the copy of his
answer.
I have had one or two discussions with Count Jjieven u|)on this ])a|)er, to which I
object, as not enabling His Majesty's Government to found ujjon it any negotiation to
settle the questions arising out of the Ukase, Avhieh havi; not got the better of these
diflieulties ; and 1 inclose you the cojiy of a letter which [ have written to Count
Lieven, which explains my objections to the Russian " Memoire Conlidentiel." This
HHI
526
question, then, stands exactly whore it did. I have not heon ahlc to do anvthini'
upon it.
[ have, t&c.
(Signed) WELLINGTON.
Inciosure 7 in No. ;J82.
The Duke of Wellington to Count Lieven.
M. le Comte, Verona, November 28, 1S22.
HAVING considered the paper wliicli your Excellency gave mo last iii!,'lit, on
the part of his Excellency Count Nesselrode, on the subject of our discussions on the
Russian Ukase, I must inform you that I cannot consent, on the part of my (Jovern.
ment, to found on that ])aper the negotiation for the settlement of the question whidi
has arisen between the two Governments on this subject.
We object to the Ukase on two grounds : (1) that His Impcnal Majesty assumes
thereby an exclusive sovereignty in North America, of which we an? not pro])a«'d to
acknowledge the existence or the extent ; upon tliis point, however, the Memoir of
Count Nesselrode does afford the means of negotiation; and my Governraont will be
ready to discuss it, either in London or St. Petersburg!!, whenever the state of the
discussions on the other question arising out of the Ukaso will allow of the discussion,
The second ground on which Ave object to the Ukase is that Ilis Imperial
Majesty thereby excludes from a certain considerable extent of the open sea vessels of
other nations. We contend that the assumption of this power is contrary to tlie law
of nations ; and we cannot found a negotiation \i\mn a paper in which it is as^ain
broadly asserted. We contend that no Power whatever can exclude another from the
use of the open sea ; a Power can exclude itself from the navigation of a c(>rtain coast,
sea, &c., by its own act or engagement, but it cannot by right be excluded by niiothcr.
This we consider as the law of nations ; and we cannot negotiate upon a paper in
which a right is asserted inconsistent with this principle.
I think, therefore, that tiie best mode of proceeding would be that you siiouid
state your readiness to negotiate upon the whole subject, without restating the objec-
tionable principle of the Ukase which we cannot admit.
I have, &c.
(Signed) WELLINGTON.
Inciosure, 8 in No. 382.
The Duke of Wellington to Mr, G. Canning,
Sir, Verona, November 29, 1822.
SINCE I wrote to you yesterday I have had another coin'crsution with the
Russian Minister regarding the Ukase. It is now settled that both the Meuioruiuluras
which I inclosed to you should be considered as non avenus, and the Hussian
Ambassador in London is to address you a note in answer to that of the lalo Lord
Londonderry, assuring you of the desire of the Emperor to negotiate Avith you upon
the whole question of the Emperor's claims in North America, leserving them all if
the result of the negotiation should not be satisfactory to both parties.
This note will then put this matter in a train of negotiation, which is what was
wished.
I have, &c.
(Signed) WELLINGTON
Inciosure 9 in No. 382.
Count Lieven to Mr. G. Canning.
A LA suite des d(5clarations verbales que; lo Soussigne, Ambassadeur Extra-
ordinaire et Plenipotentiaire de Sa Majeste I'Empereur do Toutes les Hussies, a J'aites
au Minist6re de Sa Majeste Britannique, le Cabinet de St. James a dA se couvaiucre
que si des objections s'^taient 61ev^es centre le B^glement public au nom de Sa
627
is what was
tfaiest6 TEmpereur dc Toutes les Bussies sous la date du 4 (16) Septembre, 1821, lea
mesures ultiineurcs adoptdes par Sa Majesty Impdriale ne laisaent aucun douto sur la
cquollcs I'linisscnt Ics lions
mtctC' do ses vues et sur lo ddair qii'cllo aura toujours do concilicr sos droits ot sos
int(5rcts avoc les intor^ts ct les droits des Puissances auxquellcs I'liniss
il'imc amitii'! vdritahlo ct d'uno bionveillanco reciproquo.
Avnnt de quitter Vdrono, le Soussign6 a re9u I'ordro de donner au Gouvememont
de Sa Majostd iritanniqno uno nouvello preuve des dispositions connues do rEmpereur,
en proposant h son Exceilonco M. Canning, Principal Secrdtairo d'Rtat de Sa Majest6
Britanniquc pour les AlTaires ]<]trnngt>re8, sans quo cctto proposition puisse porter
atteiuto aux droits do Sa JMajeste Imperiale, si cllo n'cst pas accepteo, quo do paii; ot
(I'autrc la question do droit strict soit provisoirement dcartdo, ct quo tous les diiTdronds
auxqucls a donnd lieu le ll^glcnicnt dont il s'agit, s'applanissont par un arrangement
amical fondd sur le seul principt; des convenances mutuelles «'-t qui serait ndgocid h
St. Petcrsbourg.
L'Empereur so flatte que Sir Charles Bagot ne tardera point h recevoir les
pouvoirs et les instructions ndccssaircs i\ cet cfFet, et quo la proposition du Soussignfi
acLt^vera de ddmontrcr au Gouvernenient de Sa Majestd llritanniquo combien Sa
llajestd Inipdrialc soubaite qu'aucunc divergence d'opinion no puisse sulisister entre
la ilussic et la Grande-Bretagne, et que le plus parfait accord continue de prdsider k
leiirs relations.
Le Soussigne, &c. (Signd) LIEVEN.
Londres, le 19 (31) Janvier, 1823.
(Translation.)
BY the vcrbfil declarations made by tbn Undersigned, Aml)assador Extraordinaiy
and l'loni]iotontiavy of llis ^lajcsty tlic Emperor of All the Russias, to Her
Britannic Majesty's Governniont, tli(> Cabinet of St, .Tames' must bave been convinced
tliat, tliougb oxcoption bad boon taken to tbe Regulation publisbed on tbe Itb (IGtb)
S(>))t(Mnlior, 1.S21, in the name of llis Majesty tlie Emperor of All the Russias, the
siil)s('(iiicnt steps taken by Ills Im]K'rial Atajesty leave no doubt as to the purity of bis
iutciitioiis, and as to the desire wliieb will always animate him to reconcile bis ov.n
rights and interests with those of the Powers to wbleb bo is linked by bonds of true
I'liciidship and reciprocal good-will.
Before leaving Verona the Undersigned received instructions to give the Govern-
ment of Her Britannic Majesty a new proof of the known feelings of the Emperor, by
j)io])osing to bis Excellency Mr. Canning, Her Britannic Majesty's Principal SeeretaiTr
nf State for Eoreign Affairs, whilst reserving tho rights of His Imperial Majesty
should the pro|)osal not bo a(!eepted, that the question of strict right should be provi-
sionally set aside by both parties, and that all the differences created by tbe Regula-
tion ill (jiu'stion should bo smoothed over by a friendly aiTangement based solely on
till' i)rinci])li' of iiiiitual accommodation to be negotiated at St. Pctersburgli.
file Em])eror flatters himself that Sir Charles Bagot will very shortly receive tlie
necessary powers and instructions in the above sense, and that the proposal of the
Undi'isi^'iied will completely convince the Government of Her Britannic Majesty of
the earnest wish of llis Imperial ]\[njesty that no ditference of opinion should exist
l)ehvoon Russia and Great Britain, and that the most perfect agreement should
I'lmtinuc to guide their relations.
The Undersigned, &c. (Signed) LIEVEN.
Londou, Janmry 19 (.'51), 1823.
Inclosure 10 in No. 382.
Mr. G. Canning to Sir C. Bagot.
Sir, Foreign Office, February 5, 1823.
WITH respect to my despatch of the 31st December last, transmitting to your
Excellency the copy of au instruction addressed to the Duke of Wellington, as well
as a despatch from his Grace dated Verona, the 29th November last, both upon the
subject of the Russian Ukase of September 1821, I bave now to inclose to your
ExccUeucy the copy of a note which has been addressed to me by Count Lieven,
expressing His Imperial Majesty's wisli to enter into some amicable arrangement for
ill"'
!i
«■ •i'
,':
li
t:
I''
I
688
bringing this subjoct to a sntisfhctory torminatfon, and roquesting that your Expnllr>ncv
may be furnished with the necessary powers to enter into negotiation lor thiit piirnosl)
with His Imperial Majesty's Ministers at St. Petersbiirgh.
I avail niyseU'of the opportunity of ii Russian eouriou (of whose (iepartiirc Cinm
Lievon has only just ajiprised me) to send this note to yo\ir i-lxeelh'ney, and to (i,,i||.|,
that your Excelleney wdl proeeed to open tlie diseussion witli the Uussian Ministii
upon the basis of tlie instruction to the Duke of Wellington.
I will not fail to transmit to your llxeolleney full powers for tlie conelusion of ,||,
agreement upon this subject, by a messenger whom \ will dispatcli to yon ;is soon as |
shall have collected any t'urllier informntion whieli it may be expedient to fuini^li in
your Excellency, or to found any further instruction upon that may he nec(Ksniv hr
yonr guidance m this important negotiation.
T am, &c.
(Signed) GEO. CAN\|.\(;,
Inclosurc 11 in No. 382.
Mr, Lyall to Mr. &. Cannimj.
Sir, Sliip-ownns' Soridi/, New Broad Street, November 1!), 1S2.1
IN the montli of June last you were jiloased to honour me with an interview mi
the subject of the Russian tJkns(> prohibiting foreign vessels from tonehini,' nt nr
apj)roacbing the Russian establislmicnts along tlie ntu'th-west coast of Am(>iic!i ihcrcin
mentioned, wlien you had tiie goodness to inform me that a represcMitation li.id Ihch
made to tliat Government, and that you had reason to l)olie\o that tli»! Ukase would
not be acted upon; and very shortly after this communieatiou 1 was infoi'uieil, (in
what I considered undoubted authority, tliat tlie Russian (ioverunuMit iiad cn'isentoil
to withdraw that unfoimded jiretension.
The Committee of tliis Society being about to make tiieir annual Re|)i)il to tlic
pb' )-owners at large, it would be satisfactory to them to be able to state tlie.ein tiiM
oliicial advices have been received from St. I'etersburgli tliat the Ukase nail hmii
annulled; and should that be the case, I have to express tlu; hope of the Coiiiiuittiv
to he favoured with a communi(!ation from you to that elTcct.
1 have, &e.
(Signed) GEORGE LYALL,
Chairman of Sliip-ownern' Cowmilfpe.
Inclosure 12 in No. 382.
Lord F. Conyngluim to Mr. Lyall.
Sir, Foreign Office, Novewbcr 2(), l^ii:!.
I AM directed by Mr. Secretary Canning to acknowledge the rceeijit of vour
letter of the 19th instant, expressing a hope that the Ukase of September l^^-M li;ul
been annulled.
Mr. Canning cannot authorize me to state to you in distinct terms that flu' I'kM'
has been annuUed, because the negotiation to which it gave rise is still ))eiidiii:.',
embracing as it does many points of great intricacy as well as importance.
But I am directed by Mr. Canning to acquaint you that orders have been soul
out by the Court of St. Petersbnrgh to their Naval Commanders calculated to iiicvi'iil
any collision between Russian ships and those of other nations ; and in effect suspoii'liii!.'
the V^nsa of September 1821.
I am, &c.
(Signed) E. CONYNGIIAM.
Inclosure 13 in No. 382.
Mr. G. Canning to Sir C. Bagot.
(Extract.) Foreign Office, January 20, 1821.
A LONG period has elapsed since I gave your Excellency reason to expiit
additional instrutftions for vour (ronduot in the negotiation respecting the Russian
Ukase of 1821.
Tlint expwtotion wns bold out in tli(> bolicf that I slioiild havo to instruct you to
combiiK* your procivdinj^s wifli tliosc of tlu^ Amoricjin Minister, and tliu friuuln^ sunh
instructions was, of nceossity, dcliiycd until Mr. Kusli should lu' in possession of tlio
intentions of his Ciov(!rnm('nt uimn the subject. . .. , ■■ r r. . . . ,. .•,>-
• • • • • • '
It lernnins, therefore, only for me to direct your Hxecllency to resume your
ncotiution with the Court of St. l\>tershiir^li ut the point at wliieh it was susp(!n(led
in conse(iuence of the expeeted neeession of the United States, and to endeavour
tnlivini,' 'il as speedily as possible to an amicable and honourable eoncluHicm.
The questions at issu(> between (ircat Mritain and llussia are short and sini])le.
Tlio |{nssian Ukase contains two obj(>ctionable pretensions : lirst, an extrava^,'ant
assuni))tion of maritime supremacy'; secondly, an imwaiTantod claim of territorial
(lomiuiou.
As to the first, the disaroAval of llussia is, in substance, all that we could desire,
Xotliing remains for netjoliation on that head but to clothe that disavowal in precise
and satisfactory terms. We would much rather that those terms should be suj^f^ested
bv ilussia herself than haA'c the air of pretendint? to dictate them. You will, there*
[oiv, request Count Nesselrode to furnish you with his notion of such a declaration on
this point as may be satisfaeton,' to your Government. That declaration may bo made
tlie preamble of the Convention of Limits.
Inclosuro 14 in No 382.
Mr, G. CanniiKj to Sir C. Bagot.
(Extract.) Furri(jn Offin; JxUj 24, J82-i.
THE "Projct" of a Convention, Avhich is iiudosed in my No. 20, bavin,!,' been
comnumicated by me to Count Ijic^ven, with a recpu^st that his Excellency would note
any points in it u])on which he conceived any ditllculty likely to arise, or any
explanation to be necessary, 1 hav(; received from his Excellency the Memorandum a
copy of which is herewith inch)scd.
Your Excellency will observe that there are hut two points Avliicdi liaA'c struck Count
Li('\en as susceptible of any question: the lirst, the assnniption of the base of the
mountains, instead of the sunnnit, as the line of boundary; the second, the extension
of the right of navigation of the Pacific to the sea beyond Jiehriiig's Straits.
« • • « * ' «
As to the second point, it is, perhaps, as Coimt Lieven remarks, new. Hut it is
to he remarked, in return, that the circumstances luider which this additional security
i.< required will be new also.
l?y the territorial demarcation agreed to in this "Projct," "Russia will become
]iosscssed, in acknowledged sovereignty, of both sides of Pehring's Straits.
The Power which could think of making the Pacilic a maro rlaiisum may not
luiiKituraHy he supposed capable of a disposition to apply the same character to a strait
comprehended between two shores of which it becomes the undisputed owner. Hut
the shutting up of l?ehring's Straits, or the power to shut them up hereafter, would he
a thing not to be tolerate(l by England.
Nor could Avc submit to he excluded, cither positively or eonsiriictively, from a
si'M ill which the skill and science of our seamen has been and is still employed in
piitorpriscs interesting, not to this ccnintry ahmc, but the Avhole civilized world.
'file protection given by the Convention to the American (toasts of (vicli Power
may (if i( is thought necessary) bo extended In terms to the coasts of the itussian
Asiatic territory; but in some way or other, if not in the form now presented, the free
navigation of Echriug's Straits, and of the seas beyond them, must be secured to us.
i'l *
HI
Inclosure 15 in No. 382.
Mr. G. Canning to Mr, S. Canning.
(Extract.) Foreign Office, December 8, 1824.
His Majesty having been graciously pleased to name you his Plenipotentiary for
concluding and signing Avith the Russian Government a Convention, for terminating
tlie discussions which have arisen out of the promulgation of the Russian Ukase
[128] -•: ^'^ • -V '■' '■■ 3Y
7¥
530
of 1821, and for Rctlling the resptHstive turritorial claims of Groat Britain and Rustin
on ^he noiih-west coast of America, I have received Ilis Majesty's commands to direct
Tou to repair to St. rotcr8l)urgh for tlint purpose, and tofuruisUyou with the ncccssar;
lustructioiis for terminating tlie long-protracted negotiation.
Tlio corresijondcnce wbicli has already passed upon this subject has boon sub.
mittod to your pt'rusal. And I inclose you a copy —
1. Of the " Trojet" which Sir Charles liagot was authorized to conclude and siga
some niontlis ago, and which wo had every reason to expect would have been entirely
Natisfuctory to the llussian Qovernmcnt.
2. Of a " Contre.Projet " drawn up by the Uussian Plcnipotentiarios, and presented
to Sir Charles Bagot at their last meeting before Sir Charles Bagot'a departure from
St. Petcrsburgh.
3. Of a despatch from Count Nessclrode, accompanying the transmission of the
" Contrc-Projct to Count Lieven.
In tiiat despatch, and in certain marginal annotaticms upon the copy of the " Projct,"
awj assigned the reasons of the alterations proposed by the Uussian IMenipotentiaries.
In considering the expediency of admitting or rejecting the proposed alterations,
it will be «'onvcnicnt t« follow the Articles of the Treaty in the order in which they
stand in the English " Pi-ojot."
You will observe in the first place that it is proposed by the Uussian Pleni.
potcntiiirii's entirely to change that order, and to transfer to the latter part of the
instrument the Article which has hitherto stood first in the " Projet."
To that transposition we cannot agree, for the very reason which Coun*^ Xesselrode
alleges in favour of it, viz., that the " ficonomie," or arrangement of the Treaty, ought
to have reference to tlie history of the negotiation.
Tiie whole negotiation grows out of tlie llka.se of 1821.
So entirely and absolutely true is this i)roposition, that the settlement of the
limits of the respective possessions of Great Britain and Russia on the north-west
coast of America A\as ])roposed by us only as a mode of facilitating the adjustment of
the dill'erenee arising from the Ukase, by enabling the Court of JIussia, under cover
of tiie more eoni])rebensive arrangement, to withdraw, with less appearance of con-
cession, the olFeiisive pretensions of that Edict.
It is eoinj)aratively indilTerent to lis whether wo hasten or postpone all questions
respecting the limits of territorial possession on the Continent of America ; but tiie
pretensions of the Uussian Ukase of 1821 to exclusive dominion over the Pacific could
not contiimt' longer uni-epealed without compelliug us to take some measm-e of public
and elVectiml remonstmnec against it.
You will tbeiel'ore take cjirc, in the first instance, to repress any attempt to give
this ehfinge to the cbnractor of tlie negotiation ; and will declare without reserve that
the point tu \\liieli alone the solicitude 6f the British Government and the jealousy of
the British luitioii attach any great imjiortance is the doing away (in a manner as
little <lis:v4;rceal)1e to Russia as possible) of the effect of the Ukase of 1821.
That ibis Ukase is iiDt aetod upon, and that instructions have been long ago sent
by the Russian Govcrninent to their cruizers in the Paeitic to suspend the execution
of its ])i()visioiis, is true; but a private disavowal of a published claim is no security
against the revival of that ebiim : the suspc^nsion of the execution of a prineipio may
be perfectly compatible with the C(mtinued maintenance of the principle itself, and
wlieii we have seen in the course of tliis negotiation that the Russian claim to the
posessioii of the coast of Ameriea down to latitude 59° rests, in fact, on no other
ground tlian the jircsiinK.'d acquiescence of the nations of Europe in tlic provisions ot
an Ukase published l)y the Emperor Paul in the year 1800, against whieb it is nlUriued
that no public remonstrance was made, it becomes us to bo exceedingly careful that
we do not, by a similar neglect on the present occasion, allow a similar presunipliou to
be raised as to an acquiescence in the Ukase of 1821.
'J lie light of tlie subjects of His Majesty to navigate freely in the Pacilic cannot
be held iis matter of indulgence from any Power. Having once been jmbliely ques-
tioned, it must be jiubliely acknowledged.
AV'e do not di^sire that any distinct reference should be made to the Ukase of
1821 ; but we do feel it necessary that the statement of our right should be clear and
jiositive, and that it should stand I'orlli in the Convention in the jilacc which properly
belongs f > it, as a plain and substantive stipulation, and not be brought in as an
incidental consequence of other arrangements to which we attach comparatively little
irapoitiiice.
This stipulation stands in the front of the Convention concluded between Russia
681
ind the United States of America ; and wo see no reasOD why, upon similar daimi^
ve ihould not obtain exactly the like saXsfootion.
For reasons of tiio same nature wc cannot consent that the liberty of navigation
through Bohring s Straits tthould be stated in the Trciity as a boon from Bussia.
The tendency of sush a statement would bo to givo countenance to those clainM
of exclusive jurisdiction against which we, on oxtr own behalf, and on that of the
whole civilized world, protest.
No RiK'Cification of this sort is found in the Convention with the United States of
America ; nnd yet it cannot be doubted that the Americans consider themselves as
secured in the right of navigating Behring's Straits and the sea beyond them.
It cannot be expected that England should receive as a boon that which the
United States hold as a right so unquestionable as not to be worth recording.
I'erhaps the simplest course, after all, will bo to substitute, for all that part of the
" Projot " and " Contrc-l'rojct " which relates to maritime riglits, and to navigation,
llie iirst two Articles of tiie Convention already concluded by the Court of St. i-'otera*
burgh with the United States of America, in the order in wliich they stand in that
Convention.
Russia cannot mean to give to the United States of America what she withholds
from us, nor to withhold I'rom us anything that she has consented to givo to the
United States.
Tiie uniformity of stipulations in pari materid gives clearness and force to both
arrangements, and will establish that footing of equality between the several
Contracting Parties which it is most desirable should exist between three Power»
whoso interests come so nearly in contact with each other in a part of the globe in
which Lo other Power is concerned.
Tliis, therefore, is what I am to instnct you to propose at once to the Eussian
Minister as cutting short an otherwise incoiweaient discussion.
This expedient will dispose of Article I of the " Projet," and of Articles V and
VI of the " Contre-Frojot."
The next i\jticlcs relate to the territo'ial demarcation.
ivecn Russia
With regard to the port of Sitka or New Archangel, the offer came originally
from Russia, but we arc not disposed to object to the restriction Avhich she now applies
to it.
Wc arc content that the port shall be open to us for ten years, provided only that
if any other nation obtains a more extended term, the like term shall be extended to
us also.
Wo are content also to assign the period of ten years for the reciprocal liberty of
access end commerce with ea-sh other's territories, which stipulation may be best
etate.l precisely in the terms of Article IV of the American Convention.
These, I think, are the oily points in which alterations are required by Eussia,
and we have no other to propose.
A " Projet," such as it will stand according to the observations of this despatch, is
inclosed, wliich you will understand as furnished to you as a guide for the drawing
up of the Convention ; but not as prescribing the precise form of words, nor fettering
your discretion as to any alterations, not varying from the substance of these
instructions.
It will, of course, strike the Russian Plenipotentiaries that by the adoption of the
American Article respecting navigation, &c., tlio provision for an exclusive fishery of
(loo leagues from the coasts of our respective possessions falls to the ground.
But the omission is, iu truth, immaterial. The law of nations assigns the exclusive
sovereignty of one league to each Power off its own coasts, without any specific
stipulation, and though Sir Charles Bagot was authorized to sign the Convention T\'ith
the specific stipulation of two leagues, in ignorance of what had been decided in the
American Convention at the time, yet, after that Convention has been some months
before the world, and after the opportunity of reconsideration has been forced upon us
by tlie act of Russia herself, wc cannot now consent, in negotiating de novo, to a
stipulation which, while it is absolutely unimportant to any practical good, would
appear to establish a contract between the UnitecJ States and us to our disadvantage.
Count Nesselrode himself has frankly admitttd that it was natural that we should
expect, and reasonable that we should receive, at the hands of Russia, c(|iiul measure,
in all respects, with the United States of America.
It reuiains only, in recapitulation, to rcmiuil you of the origin and principles of
this whole negotiation.
t.tL^JjLltAiti.'. ^'.^ULldJiJi
mssmmm
582
It is not, on oiu" part, cBsontially a nogotiatiou about limits. It is a demaml of
tho repeal of an oIVohjIvo and nnjustitiahlo arrogation of exclusive jurisdiction ovoraii
ocean of unnioasvuHl «\N;tont; bill a demand, ([ualified and mitigated in its mannpr, ii,
order tliat its justice may be acknowledged and satisfied •without soreness or humiliation
on the part ol" llussia.
Wo negotiate ab :>ut territory to cover the renK.i.atrance upon principle.
But any attempt to take undue advantage of this vol imtary facility wo must
opi)o&c.
If the present " l'roj(>t '' is agreeable to llussia, we ;u'e j-eady to conclude and siijii tin.
Treaty, i!' tlie territorial an'angem(>nts nve not salislhctory, we are ready to postpone
tbera, and to conclude and sign the essential part — tbat which relates to navi'^'atinn
alone, adding an Article stipulating to negotiate about territorial limits hciTal'ter.
But- AV{! are not pr(>pared to del'or any longer the settlement ol' that essential pmr,
of the question ; and if liussia will neither sign tbe whole Convention nor that essential
part, of it, she must not tak(^ it amiss tliat Ave resort to some mode of recording, in the
face of the world, our ])rotest against the prsteusions of the Ukase of 1.821, and of
effectually securing our own interests against the possibility of its future operations.
J i
Tnclosure 10 in 55 o. 382.
Mr. S. Cnnnimj to Mr. G, Canning.
Sir. St. Petersbimjh, Fehruanj 17 {Marcli 1), 1825.
BY the messenger Latebford 1 Iiave the honoiu- to send you the accompanying'
Convention between His Majesty and the Emperor of llussia respecting the I'acitic
Ocean aiid north-west coast of America, ■which, according to your instructions, I
concluded aiul signed last night with tho Russian I'lenipotentiaries.
Tbe alterations which, at their instance, I have admitted into tbe "Projet." sucli
ns I p.esented it to tli(>m at first, will be fouiul, I eonceiv{>, to i)e in strict con t'orniity
wi\b lb;' s])irit and substance of His ilajef^ty's commands. 'J'he order of tbe two main
subjects of our negf)liation, as stated in tbe preamble (;f the Convention, is jircscned
in tli(» Arti.des of that instrument. The line of demarcation alou" the strip of land on
the novth-wcKi const of America, assigned to llussia, is laid doAvn in tbe Convention
agre(>;ibly t;, vimr directions, notwithstanding some dilhculties raised on this point.
as well as on thai wliicb regards the order of the Articles, by the llussian I'lenijwi-
tentiaries.
Tiie jiistiinc' in which you will perceive tbat I have most avail(>rl niysell' of tho
latitude alfiivded by your ius1riu;tions to bring the negotiation to a satisraetory aim
prnnipt cnnclusi'in !•; 11h< division of the llird Article of the new "Projet," ns it stood
■vvlie-.i I !.c.iv(> it in. into the I tin!, I Vli>, ;md Vth Articles of tbe Convention sis,ni(:dl)T
lb(> IMcnipotontiario.
This ehruige was suggested by the Russian Plenipotcntiai'ies, and at lirsl il Avas
RUg.";ei.ted In a slinpe which appeared to me objectionabh,' ; but the Article ;, as they
a;v now drawn up, I humbly conceive to be such as Avill not meet A^itli your
di-Mppviibnlion. Tbe ■econd paragraph of the IVth Article liad alread\" ajuM-aird
p;neiitbptically ui tlie IlIrd Article of tho " Projet," and the whole of the IVlli Article
is limitedin its si.T.ilication and connected Avith the Article immediately preecd in lt it
by the first ])arngraph.
With respect to Pehring's Straits, I am happy to have it in my power to :Niii'f'
you. (in the ,;i)int authority of the llussirn Pleiii|)Oieutiaries, tbat the J'jnpeior of
llussia has u'l intention whatcA'crof maintaining any exclusive claini to tbe n;n iiratioii
of t]H)se .straits, dv of the seas to the north of them.
It cannot be necessary, under these circumstances, to trouble you Avitli a mor
j)articular account of tho several conl'erences Avbich I have bold with the tiussian
Plenipotentiaries!, nnd it is but justice to state that I have found them disposcil,
throughout Ibis latter stage of tbe negotiation, to treat tbe matters under disciissio"
Avitb fairness nnd liiuTality.
As two orig'iials (,f the Convention prepared for His Jfajesty's GovermnonI arc
s'gned hy the I'leniiuitentitu'ips, I propose to leave one of thorn with Mr. AVaiil lor
t".e arcblAcs of the i inbatsy.
I have Sui
(Signed) ' STRATFORD CANNING.
"^
UNITED STATES. No. 1 (1891).
.... J .- J' .. v.. C
FURTHER CORRESPONDENCE
RESPECTING THE
n-'i
Vv i
Dwer to ;is-iii'o
o J'^inprroi' "f
;lio ii;ivi!,';it,ioii
BEHKIN6 SEA SEAL FISHERIES.
Presented to both Houses of Parliament by Command of Her Majesty.
March 1891.
LONDON:
PKINTIOI) FOR HEK MAJESTY'S SrATIONEUY OFKlCE
BY HARRISON AND SONS, ST, MARTIN'S LANE,
PRlNTBRa IN UBDINART TO HBR MAiBBTT,
And to hr pnrchRseu, eitlier directly or tbrou);h any Booksellor, from
EYRK AMD SPOlTISWOOUfc, East Harding Strrkt, Fi.bkt Strurt, ICC; or
•" ■ JOHN MENZIES «t Co., 12, Hanovkr Str«t, Edinboroh. and
21, Uruhv StrbBt, Glasoow; or
HODGES, PIGUIii, & Co., 104, Gbafton Strbbt. Ditbiin.
[C.-6253.] Pnce \s. 2d.
f
[;lc:ii
, !
a I
if
^-f
TABLE OF CONTENTS.
No.
Name.
8k .!' ■ ^«uneefote . .
Date.
Julv 4, 1890
Sir J. Paunc<f(«tle , , ,
Sir C. Lampcon aai'Co.
To Sir C. Ijanpion aiMl'<S«^.
Admiralty . . ^
Mr. Winton ..
To Mr, Winton . .
#
4
5
6
7
8
9
10
1 1 Sir J. I'itincefotp
12
13
14
•U
16
J7
18
19
30
21
22
Aug.
I July
*ppt.
y*"
SS
24
25
Admiralty
T« Sir J. PaMMMifsIc
Sir J. Pamcefote .. . .
(Telegraphic)
f* It • • ■ .
28,
14,
28,
24,
6,
9,
9,
11,
Oct.
Nov.
. Der
I
i
V ••
Sir C. C
•ndCo.
To Sir J. Paimcefotf
Colonial Office ..
To Sir C. Lamp«on and Co. .
Colonial Office
Sir J, Pauncefote
[95]
Jan.
4,
14,
22,
12,
7,
16,
19.
»P.
30,
SI.
2, 1891
8,
8,
6.
Proposed temporary exclusion of British sealers from
Behrini^'s Sea. Mr. Blaine's reply to note of
27th June (see " United SUtes No. 2, 1890,"
p. 510) ..
Negotiations of 1888. Correspondence with Mr.
Blaine (see "United Sutes No. 2, 189U,"
pp. 491 and 493) ..
Note to Mr. Blaine communicating despatch of
2nd August on general question (see " United
States No. 2, 1890," p. 512)
Movements of sealers in llehring's Sea. Letter from
Commander-in-chief on Pacific Station from
Esquimau .^ ..
General observations on course of negotiations and
present state of question . . . ,
Decrease of fur-seals. Close time necessary to
prevent extinction . . .. ..
.Vcknowledges receipt of above. .
Movements of sealers in Behring's Sea. Telegra.n
from Commander-in-chief on Pacific Station at
Victoria .
Comparison between the Behring's Sea and North
Atlantic seal fisheries .. ..
Acknowledges receipt of above , . . ,
Sends Bill to amend the Act providing a Civil Go
vernnient for Alaska, with proposal to coiifer
jurisdiction on Supreme Court
Notes on Mr. Blaine's interpretation of Mr. J.
Quincy Adams' despntches on Russian Ukase
of 1821 ..
^*' ements of sealers. Letter from Commander-
I ief on Pacific Station reporting their return
Behring's Sea. Two-thirds of the catch
said to be female seals . .
Ileturn of sealers. Telegram from Commander-in-
chief on Pacific Station
jfotvier to No. 2. Negotiations of 1888. States
recollection of what passed. Question considered
unimportant .. .. .. ..
Mr. i^\mne reminded of proposal for arbitration.
He •' writing a reply to despatch of 2nd August
AUt^y** -iealing schooner " Sylvia Handy." Sends
i,y ..,..•,» of record in appeal case
R.-' .N'o. 15. Negotiations of 1888. Des-
2'Jnd October communicated to Mr.
wing to appearance of article iu "New
yune " referring to subject . ,
Hr. Biairti*' note dated 1 7th December on general
MMWinn, in reply to despatch of 2nd August
(M« "nni!/>d Slates No. 2, 1890," p. 612). Terms
on trfcf''' L'ln'.fd States will accept arbitration . .
Refers t/) .' fi. Increase in seal catch. Fear of
MCtinrtK.r Reported intention of United States'
frnmi'ij) to raise duty on British manu-
oreH skins. Urges speedy settlement of dis
Blum
York
t
/. I«. Negotiations of 1888, Approves
l»n^ '• f'laine
RalMa ' [iprehended extinction of seals.
Minute ot .1., /ma Government on Messrs,
Lanspitons' 9taterr>ents .. .. ..
Aoknc<wl«dg»>> iiri-ipt of No. 20
Progress of ncgoluttiuns. Despatch from Canada
with comments of Canadian Government .,
Catch of sials in season of 1890. Minute of
Canadian Privy Council, with letter from Col-
lector of ( iistoms in British Columbia ,
President's Message to House of Representatives,
with correspondence since 23rd July, 1890, on
general question . . . . . . . .
14
15
'.7
18
IS
19
19
36
37
64
65
; 65
I 76
76
TABLE OP CONTENTS.
No.
Name,
Date.
Sir J. Pauncefote
(Telegraphic)
Colonial Office
Sir J. Pauncefote
Jan. 20, 1891
29,
30
31
(Telegraphic)
To Sir J. Pauncefote . .
(Telegraphic).
Feb. 9,
10,
31,
Subject.
Page
Statement in " Times " of Slh January, respecting
naval preparations of United States in Pacific,
denied by Mr, Blaine
Despatch from Canada, with Report by Minister of
I Marine on Admiralty Report respecting seal-
fishing (see No. 13) .. ,. ,,
I " W. F, Sayward." Proceedings before Supreme
I Court. Inquiry by Mr. Blaine whether diplo-
matic correspondence is to be closed or suspended
in consequence . . . . . .
Answers above. No connection between diplomatic
corrcspo iidence and " W. P. Say ward " proceedings.
Reply to Mr. Blaine's note of 17th December
will be sent shortly ,
Reply on general question to Mr, Blaine's ncte of
i7lh December, ending with terms on which Her
Majesty':^ Government will accept arbitration
84
85
86
86
87
•
M
'i I
tii i
■•.•X"o
luitlier Correspondence respecting
Fisheries.
tiio
Behring
Sea Seal
r- i
^f I
No, 1.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received July 17.)
My Lord, Washington, July 4, 1890.
I II AVE the houour to transmit a copy of the reply which I have roct ived from
the Secretary of Stat<< to my note of the 27th ultimo, of which a copy was inclosed in
my despatch of the 2|th ultimo.*
It appoai-s lo me iJiat Mr. Blaine attaches an undue significance to the word
"forthwith " in my aho'- e-mentioned note.
It is ohvious that, if British stealers are to he requested not to ent(H' Behring's Sea
tliis season, on the ground of the proposed arhitration, there must be no delay in
proceeding to that motto of adjustment, and it was, therefore, naturally made a
coaditiun not " that the President should forthwith accept a formal arbitration which
your Ijordship prescribes," but " that the two Govermaeuts should agree forthwith to
refer to arbitration " the question of the legality of the seizures of British sealing-
vesscls.
That is the question of law in difference between the two Governments, and I am
at a loss to imderstand why Mr, Blaine should complain of its being so stated.
I shall have the honour of addressing your Lordship in a separate ("espatoh on the
present situation oi" the question, which has been brought back again by the Unitec'
States' Government to a question of legal right.
I have, &c.
(Signed) JULIAN PAUNCEFOTE
Inclosurc in No. 1.
Mr. Blaine to Sir J. Pauncefote,
Sir, Department of State, Washington, .Tuly 2, 1SQ0.
YOUll note of the 27th ultimo, covering Lord Salisbury's reply to the friendly
sugE;estion of the President, was duly received. It was the design of the President, i'f
Lonl Salisbury had been Favourably inclined to his proposition^ to submit a form of
settloincnt for the consideration of Uer ilajesty's Government Avhich the President
bcliev(>d would end all dispute touching privileges in Behring's Sea. But Lord Salisbury
refused to accept the proposal unless the '.'resident should " forthwith " accept a formal
arbitration which his Lordship prescribes. T!\e President's request was made in the
Iiopo tliat it might lead to a friendly basis of agreement, and he cannot tliirik that Lord
Salislnry's proposition is responsive to his suggestion. Besides, the answer comes so
lat(^ thiit it would be impossible now to rro'-eet! this season Avith the negotiation the
President had dtwired.
Aa agreement to arbitrate requires careful consideration. The United States is
perhaps more fully committed to that form of international adjustment than any other
I'owor, hut it <!annot consent that the form in wiiieh arbitration shall be uudi-rtakeu
shall 1)0 decided without full consultation and conference between the two Govern-
ments.
i beg further to say that you must have misapprehended what I said touching
British claims for injuries and losses alleged to have been inflicted upon British vessels
in the Behring's Sea by agents of the United States. My declaration was that arbitra-
m
• See " United Statci No, 2 (1890)," p. 310.
Ml
B
iS
,1
i
i
\i
'■
<
tion would logi(!ally and necessarily ineludc that point, ft is not to l)o conceded, l)nt
decided with other issues of tar greater weight.
I have, &c.
(Signed) JAMES G. iMAINE.
No, 2.
Sir J, Paitncefuti to thr Martinis of Salisbury. — (Rerrivcd August 7.)
My Lord, Matjnolia, ^[(lssar!lusetts, Juhj 2S, 1S1)((.
I HAVE the lionour to inclose v^opies of two notes wliich 1 addressed to {\\c
Secretary of State on receipt of your Lordship's despal cs of the 20tli .lime* and of
the 21st Juno last.t and of th(> reply ther(>t() which I lunc received from Mr. Bhiim.,
The reply a]ipears as the last j)aper in tlie corres])on(lence relating to the liciirinif's
Sea fisheries Avliicli has just been sent to the Jlouse of lleprcsentatives.
Mr. Elaine contends that a Convention was actually agreed on between voiir
Lordship and Mr. Thelps on the 2ijth February, 18H8, except as to details, anil \w
asks Great Britain to adliere to tliat Agreement. lie states that the interposition uf
Canada, to wliich h(> attributes its abandonment by Ilcr iTajesty's Government, was
in the President's belief, '• a grave injustice to the Government of tlie United Stiitps,"
It would secun, however, that Mr. IMielps did not consider that any Agreement
had res>ilt(>d from the communications which passed between him and your Lordshin
on the 2r)th February, for on the 2Sth July, according to Mr. Blaine, he telegra])]ic(l
to his Government expressing the " fear that owing to Canadian opposition we shall
get no Convention."
It was nevei- suggested at that period, or at any period between the close of the
London negotiations of ISSS and the renewal of the negotiations in "Washington, that
any Agreement existed between the two Governments in relation to the fur-sml
iisheries beyond a common desire to ado])t all ineasiu'cs shown to be necessary for the
preservation of the fur-seal species, which was said to be in danger ol" extinction.
If any such Agr(>em(Mit as is a])i)ealed to by ^[r. Blaine did exist it is ditlieidt tc
understand Avhy the negotiation was ren(>wed in Washington with the object of
in(|uiring into the evidence and of endeavouring to arrive at a conclusien as to tin
extent of the alleged evils of ])elagic sealing and the measures to be a.!o])ted I'm' the
])reservation of the fur-seal s))ecies. On this ])oint I would refer to .Mr. I)laiiu''s note
1o me of the 1st March, ISDC, transuutting the evidence rcdied on by his Governnicnl
in sui)porl of their content ion,. -Mid of whicli a jirinted cojjy was inclosed in my despatch
t«> your Lordship of the L'dh Aju'il last.J
I have, ite.
(Signed) JULIAN FA INCLKOTi:.
Inclosure 1 in No. 2.
Sir J. Pauiiccfote to Mr. Blaine.
Sfe,. WashiiKjton. June 30, 18i)0.
IN your note of the 2!)th ^lay last,§ which I duly transmitted to the Marqnisol
S«l»J)ury, thert^ arc several references to comnrinications Mliich passed between the
two Governments in the tinu' of your predecessor.
1 have now rec(>ived a despatch from liord Saiishury,§ copy of which I have thi'
honour to inclose, ])ointing out that there is some error in the im])ressions which you
have gathered from the records in the State Department with respect to tliosr
communications.
1 have, &c.
(Signed) JULIAN PAUNGEFOTE.
• See '• Uniled State. No. 2 (1890)," p. 491.
X Ibid., p. 423.
t Ibi.l,
§ Ibid., p. 475.
p. 493.
3
.' I ,. Inclosuro 2 in No. 2. ;
. >• Sir J. Pauncefote to Mr. Blaine.
Sir, Wushiiujton, June 30, 1890.
' I HAVE received a despatch from the Marquis of Salisl)iiry, witli refeieiiee to the
passage in your note to mo of the tth instant, in which you renuu'k that in IHSH his
Lorilsiiil' ahruptly closed the negotiations l)ecause " the Canadian Government
objected," and th.at he " assii^ned no other reason wliatever."
Ill view of the ohservations contained in Lord Salishury's despatch of the
iOtli June, of which a copy is inclosed in my last precedin;^ note of this date, his
Lordsliip deems it unnecessary to discuss at any greater length the circumstances which
led to an interruption of the negotiations of 188H.
With regard, however, to the passage of your note of t\w. tth instant ahove
referred to, his Lordship wishes me to call your attention to the following statement
made to him hy Mr. Phelps, the United States' Minister in London, on the JJrd April,
1888, and which was recorded in a despatch of the same date to Her Majesty's
Minister at Washington : —
" Under the peculiar political circumstances of America at this moment," said
Mr. I'helps, " with a general election im[)ending, it would he of litth^ use, and, indeed,
liardiv practicable, to conduct any negotiation to its issue iicfore the (jleetion had taken
place."
I have, iSrc.
(Signed) JULIAN PAUNCEfOTE.
Inclosiu-e 3 in No. 2.
Mr. Blaine to Sir J. Pauncefote,
Sir, Bar Harbour, Maine, July 19, 1890.
I iU'lCIRET that circumstances heyond my control have postponed my reply
to your two notes of the 30th June, which wei'o rceoived on tlic 1st instant, on the (>vo
of my leaving Washington for this pla(!e. The n()t(> Avhich came to hand on the fore-
noon of that day inclosed a despatch from Lord Salisbury, in Aviiich his Lonlshij),
rel'crring to my note of the 2!)th Slay, (>xpresses " a wish to point out some errors "
wliicii he thinks I " had gathered from the records in my oniee."
The ])urpose of Lord Salisbury is to show that I misapprehended the facts of the
case when I represented him, in my note of the 29th May, as having given siu'h
''verbal assurances " to Mr. Phelps as \\arrante(l the latter in expecting a Convention
to l)c eoncludecl between the two Governments for the protection of the seal lisheries
ill J?chring's Sea.
Speaking directly to this point, his Lordshi]) says : " Mr. Blaine is under a mis-
conception in imagining that I <;ver gave any verbal assurance or any promise of any
kind with respect to the terms of the proposed ConventioTi."
In answer to this statement, I beg you will say to Lord Salisbury that I sim])ly (pioted
iu my note of the 29th May the facts commiuiieated by our Minister, >lr. Pheliis, and
oiu' Charge d' Alfaii-es, Mr. White, who are res]K)nsible for the oilicial statements made to
tliis Government at different stages of the seal lisheries negotiati(ni.
On the 26th I'ebruary, 1888, as already statiul in my note of the 29th May,
Mr. Phelps sent the following intelligence to SeeretaiV Bayard, viz. : " Lord Salisbury
assents to your proposition to establish, by mutual arrangenmnt between the Govern-
nirntsint(!rested, a close time for fur-seals, between the 15th Afn'tl and the 1st November
in each year, and between 100° of west longitude, and 170° of (<ast longitude in the
Behring's Sea. And \w will cause an Act to be introduced in Parliament to give eU'eet
to this arrangement so soon as it can l)e prepared. In his opinion there is no doubt
that the Act will 1)0 passed. He will also join the United States' Government in any
preventive measures it may be tliought best to adopt by orders issued to the naval
vessels of the respective Governments in that region."
Mr. Phelps has long been known in this country as an able lawyer, accurate iu the
use of words, and discriminating in the statement of facts. Tlu? Government of (be
United States necessarily reposes implicit contidencc in the literal correctness of the
despatch above quoted.
[95] B 2
!
! ;
I 1
I
Sonic (imcartt'r llic rori'i,'!)!!!^ conforoiicc Imtwoi'ii lionl Salisbury niid Mr. I'liihiH
Iind taken place, liis liorilsliip invited the ItiiNHiiin AnihaHNador, M. do HtanI, iind tlic
Anieriean riiari,'e, Mr. Wliitt' (Mr. Phelps lieinfr nlwent l'n)ni Ijondon). to a conrcn'mc
held at the I'onMi^n OlVice on the Kllh April, toneliin;^ the Hehrin^'H Sea <-(inli'(ivi'i'sv.
This eonrerenee was reallv <'all<^d at llie re(pieNt. of the KuHHJan Ainlmssaddr, wlid
desired that ituNsian rii^lits in the Hehrini;'N Sea should lit* as fully reeo^uiziMl hy l'liii;lanil
as American riijhts ha<l Immmi reeo>;ni/.ed in the verbal Aj^reenient of the 25111 [''cliriiarv
between Lord Salisbury and Mr I'helps.
'I'he l{\issian Ambassador received from Lord Salisbury the nNNuranee (vidiialilc
also to (he l'ni(i>d Stiites) that the protected area for seal life should boexl,«Mided siiiilii
ward to tiie fTtli deirrc(< of nortli lalitude, and also ihi^ promise iliat he would liavi* a
draui^lit (.v'iV| ('onv<'Ution prepared for submission to th<^ Kussian Anibaiuuidor jui>| ||u'
American Cliari^c "
Lord Salisbury now contends that all the ])rocecdini,'H at. tlui Ocmrerencc of (lie
Kith .April arc to be regarded as iily " provisional, in order to furnish a hasis f^r
nc;4;otiation, and without, ilclinitively |tle(lj!;inf; our (Jovcriuncnf." While the inidcr.
standiui^ of this (iov<>rnu\ent dillVrs from that maintained by liord Salisburv, lam
instructed by tlu^ {'resident to say that the Tnitcd StatcH is williuf? lo con.sidcr all the
proceedim^s of the Kith April, ISSH, as canccdied. no far a;* Ameritmn rif;lit.s may In.
e(nu'erncd. This (iovernincnt will ask <ircat Ibitiiin ♦() adhero only to the Af^ncnicnt
made between Jiord Salisbury and .Mr. riielps ttn thi' 2511) l''el)ruary, ISHH. I'liat. was
an .\f,'rccment made directly iM'twccu the two (Jovcrnuu'uls, and did not ineiudi! tli,;
riijhts of Hussia. Askini; li(n"(l Salisbury to adhere to the Af^reement of tlic
2r)th ]''ebruary, w(> leave the Af:;retMnent of the Kith. April to be inaintuined, if niaii;.
tained at all, by IJussia, for whose cause and for whoso advantat^o it was parlicidaily
dcsifjncd.
While I /ord Salisbury makes a j^cneral denial of havini; f^iven " verbal assurances,"
he has not nuide a special denial touchini; the .\f^reenuMit between himself and
!Mr. riiclps, whitd\ Jlr. I'lu I ps has reported in special detail, and th« correct iicss (if
which be has since specially alVirined on luon; than one o(!casion.
In your second nott> of the JlOtb .lunc, received in the afternoon of tlie 1st July,
you call my atttuition (.at I, ord Salisbury's rcMpicst) to a statement which \ made in my
nt)te of the tth .June, to this eirect : —
" It is evident, thcrcfcuv, that in IH.'^H Lord Salisbury abruptly clo.sed (lie
nof^oliation because, in his own phrase, ' (hi^ Canadian (lovcrnmcut objected.'"
To show that there were other causes for clositi)^ the ncsrotiation, Lord Salisliiny
desires that attention be called to a remark made to him by Mr. Phelps on tjic
."b'd \\m], ISSS, as follows: "Under the ju'culiar (iircumstances of America at tliis
monuMit, with a jjjetu'ral (>l(>(>tion impendiu!^, it wo\ild be (d' little use, and indeed
hardly ])racticablt>, to conduct any nci^otiation to its issue before the gemiml election
lias taken place."
I am quite ready to admit that such a statement made by Mr. IMielps mis;;Id luiw
be adduced as one of the r(>asoiis for bn'akiiifj; olf the ne!.;otiation, if, in tact, the
neiiotiation b;id been then broken olf. Mut fjord Salisbury immediately pnK'ecdcd willi
tluMiei^otiation. The remark ascribed to Mr. I'heljis was made, .ns Lord Salisbury states,
on the ;{rd April, IbS.S. On the r>tli .Ajiril jVlr. IMielps Icf t Jxmd<m on a visd to the
I'liilcd Stattvs. On th(> (ith April Lord vSalisbury addressed a private note t.i
^Ir. White to meet the Hussian Ambassador at the l"\)rciu;n()nice, as he had appointed
a meetinir for the Kith April (o discuss tht> ([uestions at issue (!oueerning the seal
lisl'cries in llcliring's Sea.
On the 2.'{rd .Vjiril there was some corrcspoudenci* in rejjard to nn Order in
Council and an Aiit of I'arliauKMit.
On the 'J7tb April rnder-Secretary Harrington of the Foreign OITu'c, in an
ofViciiil note, informed Mr. White that "the next step was to brini? in an Act of
I'arliament."
On the 2Stli April ^fr. "White was informed that an Act of I'arliament would lie
necessary in addition to the Order in Ctmncil, but that "neither Aet nor Ord •could
be draughted [,vic] until Canada is heard from."
Jlr. I'belps returned to London on the 22nd .luno and immediately t(K)k up the
subject, (>arncstly pressing l/ml Salisbury to conu> to a conclusion. On the 2Stli -lu'v,
be telegraphed his (iovernment expressing th(^ "fear that owing to Canadian opposition
we shall get no Convention."
On the 12th September IMr. Phelps wrote to Secretary IJayard that Ijord Salishiirv
bad stated that "tlic Canadian Government objected to any such rcstri( '
any
l^as
llidMMiski'd for ilio nrotccfion ol' flio m-nl flHliori('M), niul Hint iiiilil (Jiiiimla's (MJiiHciit
(.(iiilJ li'" "I't"'"*'*') 'I'*'' M'y«'Hty'« (JovtTiimiMit wns iiol willinj; to enter iiit<» tim
Cdiivciitioii."
I iiiii jnslilled, ilierefore, in asminiiim timt. r<itm HaliNlmry cnnnof recur lo Mie
iviimi'lv <>l Mr- I'lieliis iiM oniMif tlie reasons for breaking oil' tlie nef^otiatiori, liceanse
the ii('i,'otiiilion was in aelniil piof^ress Cor moie fliun I'onr inonflm after tlie remark w»h
iiiMile. mid Mr. IMielps himself took lar^e part in i(.
ITiiiin this reeitjil of facts, I am imahje to recall or in any way to (|nalify tlie
vlntcnient wliicli I made in my note of tlie 'Hli June to tlie elleet tlial Lord SaiiHlmry
•'iiliriiiplly (dosed llie ne^jotiation Iteeause the Canadian tiovermueut. oliji'cted.and that.
lie Mssiiriied no other reason whatever,"
1,(11(1 Salishury expresses the liidief that (iven if llie view I have taken of these
IniMMiclious he ac(Mn'ate, they would not hear out. the ari^ument \vlii(di I fontifl
iipdii tliein. The argument to whi(di I.,ord Salis!)ury refers, is, I presume, the
rcniiMist ranee whi(di I madi", hy direction of the President, at,'ainst tlie (dian!,'e <»!'
nolicy l>v iicr Majesty's (Jovernnient without notice and aijainst the wish of (he llnitcrl
Slad's. 'I'hc interpositicm of the wishes of a hritish province a'.;ainst tin- eonelnsion of
ji ('(iiivcniion hetween two n.ilions which, according; to Mr. I'helps, "hail hcen virtually
iiijiwd upon except as to details," wns, in the ['resident's helief, a ^''ave injusti<!e to
thcdovcrnmeni of the United Htates.
I have, ite.
(S\'j;wi\) .1. a. HLAINK.
No. .3.
Sir ./. l*aunrcfolc to the Miirijuin of tinUHbury . ~ {Hrvirnd Aiujusl 'J^t.)
un Order in
Mv liiird,
r HAD the
honour
Miiijnoliii, AiiijnHl \V, 1H1»0.
to receiv(! on th(! 11th instant your lionisliip's despatch
i]f till' 2nd of this month,* relatiri'^ to the Hehrint,''s Sea (rmtrovcrsy, and I now hetf to
inclose herewith a copy of the note with whi(!h, in ju;cordance with the instrm^tions
contained in that dcHpaich. 1 ft)rwnrded a (!0))y of Ww same to the Secretary r)f State.
I have.
(Sii^ncd)
&c.
.llJlilAN i'AUNCKI'OTJ-:.
Inclosure in No. :?.
Sir J. Pauncrfotfi to Mr, liliiinr.
Sir, Mar/nolia, Ainjusl 12, 1800.
I THANSMl'I'TKI) without delay to the Marquis of Salishury a copy of your
imtc of till? .'5()th .Tunc relalinf? to the J?elirini;'s Sea controversy, and in which you
nimnient upon ;i despatch from his Lordship, dated the 22nd May, of which 1 had the
limiour to leave a copy with you.
I liav(! now received a despatch from Jjord Salishury, dated tlu; 2nd Aus^ust, in
ipply to thos(! comments, and, in ac<!()rdance with his Lordship's instrutd.ions, I have the
lumour to transmit to you herewith a copy of it and of its inelosures. You will ohserve
tlml in tli(! last i)araL,'rai)h, I am directed to stat(< that J[er Majesty's (iovemmcnt have
nil desire whatever to refuse to the United States any jnrisdiction in Hehrini^'s Sea
wiiicli was conceded hy (ireat Britain to IJussia, and wliich properly accrues to the
|ircsi'iii ]>ns.sessors of Alaska in virtue; of Treaties or of the law of nations; and that
if tiic United States' (Jovernment, after examination of the evidence and ari;uments
wliidi are produced in that despatch, still differ from them as to tl'(.' Iei,'ality of the
went captures in that sea. Her Majesty's Government are ready to aiirce that the
i|iu'stion, with the issues that depend on it, should he referred to impartial arbitration.
In that case, I am authorized to consider, in concert with you, the method of
procedure to be followed.
I hav(!, &e.
(Signed) JULIAN PAUNCEFOTE.
• See " L'nitcd Stalfs No. 2 (1890)." No. 382, p. 512.
i'i
6
No. 4.
Admiralty to Foreign Office. — {Received August 30.)
Sir, Admiralty, Aiu/ukI 28, 18iHi.
T AM coinmanded by my Lords CominissioiKM-s of tlic Admiralty to tninsinii
hcrowitli, for the information of tlio Secretary of State, copy of a letter rnnii iIk
Commander-in-cliiof on tho I'aeilh! Station, dated at Kstjuimalt, tlie (itii instiint
tof,'etlier with copies of its iuclosures, respecting tho movements of scalers in Beliriiifv
Sea, &c. '
I am, itc.
(Sii,Mied) R. D. AWDKY.
Inclosuro 1 in No. i.
Rear-Adriiiral Hothnm to Admiralty.
(Extra(!t.) " WarKpitr," at Ksfjuimalt, August i), 18<)().
Tlll'l Aineriean auxiliary steam-schooner " Mischief " and tho Britisli scli ht
"Aurora" liaving just returned from the sealini,' fleet, T took the opport unity nf
(ihlaininiif from them tho following information as rci^'ards tho stato of alTairs as hr;\,
they knew : —
it is usual for the seal traders to charter a vessel to take the coast cateli of soii!.
skins from the sealers, and bring them south b(>forc the ileet. enter the Hehrin!,''s f>n.
This year the schooner " AFischief " was chartered by a Syndicate represent ini;' t\V(iii\.
five British vessels and four American. Tho American vessels are : " Henry l)iiiiii<
"San.Tos(V"'LiIy L.," and "Allie Alger." The "Mischief" sails under' AnurinH
colours, and left Victoria on the lltli June. She arrived at Sand Point, Little
KoniiisUi Island, Shumagin group, Ith July, where about thirty vessels mh
awaiting her.
On the afternoon of tho Oth July nineteen vessels under British coloiu's put In
sea, followed by the "Mischief" to about lo miles from the land, and l)(>twerii d I'.ji.
of that (lay and 't A.M. of the next 9,12!) skins Avere transferred to the " Miscliicf,"
15ad weather coming on, tho schooners that had not completed the ti'imslVr of
skins Av<>nt into North-East Harbour (Little Koninski Island), remained tli.-ro tln'
7lli and 8th .luly, but wanting more shelter went through the 12-fatlioni cliaimil
between Shumagin and SimanolF to Sand Cove, in the north-east of Little Koninski
Ishuid. On the lOth July they again weighed and went outside 6 miles from tlicbiui
and transferred the remainder of the skins, amoimting in all to about lt5,()0!».
The " Mischief" did not fall in with any of the American vessels slip iv;b
eliartered for, and the guarantee of 50 dollars which the Syndicate had each to (k'posil
Avas returned to the owners on her arrival at Victoria.
While taking in the last of the skins the "Mischief" sighted tho " fatliiluder,'
which schooner reported that she had sighted the American revcnuc-eutter " lUisli"
(Cai)tain Coulson, with Lieutenant Tuttle as boarding officer, the same as last yoiU')oii
the Dth July, heading for Sand Point.
'J'hore being still some more skms to come down, the schooner " AuroPc'i" \va>
chartered by Mr. Munsie, of Victoria, and Captain Cox, S(;cretary of the British
Sealers Association, to bring them to Victoria. Tho above-named gentleman gavo tin'
following information to Caj)tain Ilulton, of Iler Maj(>sty's ship " Amphion."
The " Aurora " was not going to enter the Behring's Sea, as her linntcr*
refused to do so on account of having had no pay for two years. It appears to be the
custom for the hunters (Indians) to share according to the catch, and last year and
a year or two before the catches had been seized, consequently the seal-liuntm
(Indians) had lost their money. The "Aurora" left two days after the " .M iseliief,"
and brought a letter from the British schooner '* Ariel," which t'.;: cnotain had loft at
Sand Point for his owner, Captain Buckram, of Victoria. The Ictt';?' ;. res he liadlxni
boarded by the Lieutenant of the " Rush," and two copies of tli ■ Proei imatiou of the
American President handed him (copy inclosed). When asked i,' .lie loardiiij; oHicer
if he was going into the Behring's* Sea, ho replied he was, an' Lieutenant Tuttlo
warned him, saying, " Tlien you had better look out."
A sick man from the schooner " Triumph " came down in tho " Aurora " and
reported the " Rush " at Sand Point on the 9th July distributing copies of the above
I'roplamntlon. Hlic only ronirtincd iiboiit an iiour and went out for tlic niij;lit,
lirrsUMialily f(H' Nortli-Kast, llarliour, hut it-turncd noxt moruini^, not liavinL^ foujid any
'cliixmci's tlu-rc. Tlic " Aurora " urrivinji,' at Sand Point on tlio I'itli July found the
(vliolo dl' tlie scalers ami the cruizer had j^nno into the Hchrins's Sea.
Kniin what I can siathcr here ilic principal number of scalini^-vesseis arc
iiwiH'd liy American subjects, thouf,'li not registered in llieir names, notaljly one
scli(i;>ner,'tlie "Mary Ellen ;" also the schooners would proi)ably enter and return from
tlic Heliriiu;'s Sea by the 172nd I'ass so as to avoid Ounalasl<a. The Ib'itish vessels
Hiiriill warned by their owners not to ^o within 15 miles of the land whilst in tlie
Jj,.lirin^'s Sea.
1 niso wish to point out that there will ])robably be no more news fron; tlit^
MiiliTs until their return, about the end of September, and tiiey are so scattered wiiile
siiiliiiLf tliat it it unlikely, if any seizures do take plac(<, that I should hear ol them
until some time after.
I reported by telegram (of tin' (tth instant) the only seizure that has taken
iiliicc is that of an American schooner, tlio "U. 11. White," for contravention of tlie
..jiiiii'il and Arms Act of Alaska."
Inclosurc 2 in No. 4.
l!v the I'resideut of the United States of America :
A Prorlmiialloii.
THE following provisions of the Laws of the United States are her<!by published
I'oi'tlu; information of all conccrm-d.
Section lOflti, Revised Statutes, Cliapter 111, Title 23, enacts that :—
"No ])erson shall kill any otter, mink, marten, sable, or fur-seal, or other fur-
licavin;,' aninuil within the limits of Alaska Territory, or in the waters thereof; and
cvciy |)erson guilty thereof shall, fen- each olVence, be lined not less than 200 dollars in-
iiioiv than 1,000 dollars, or imprisoned not more than six inimtbs, or botli, and all
vessels, their tackle, apparel, furniture, ;uul cargo, found (Migaged in violation of tiiis
SL'i'tidii shall be forfeited ; but the Secretary of the Treasury shall have ])()wer to
autiiorizi! tlie killing oi any such mink, marten, sable, or other fur-bearing animal,
I'Xi.'cpt fur-seals, under such l{(?gulati()ns as he may prescribe; and it shall be the duty
iif the Secretary to prevent the killing of any fur-seal, and to provide; for the execution
111 till' provisions of this section until it is otherwise provided by law, nor shall
lie uiMut any special privileges under this section."
«' » ^ * » » *
Section 3 of the Act entitled, " An Act to provide for the Protection of the
Salm/in risherics of Alaska," api)roved the 2nd March, 1885), provides that: —
" Section 3. That Sciction 1950 of the R(!vised Statutes of the United States is
liei'L'bj declared to include and apply to all the dominion of the United States in the
! «atei's of the IJehring's Sea, and it shall be the duty of the President at a timely
■-oasDu in each year to issue his Proclamation and cause the same to be published for
iiiu' mouth at least in one newspaper (if any such there be) publishc-d at eacdi United
States' port of entry oji the Pacific coast, Marning all persons against entering sucii
huiti're for the purpose of violating the jn-ovisions of said section, and he shall also
cause one or more vesscis of the United States to diligently cruize said waters and
arrest all persons and seize all vessels found to be or have been engaged in any
Iviokition of the Jjaws of the United States therein."
Now, therefore, I, Benjamin Harrison, President of the United States, ^jursuant to
I tlie above-recited Statutes, licreby warn all persons against entering the Avaters of
lieiiriiig's Sea within the dominion of the United States for the purpose of violating
I the provisions of the said Section 1956, llevised Statutes ; and I hereby proclaim that
lallpcreous found to be or have been engaged in any violation of the Laws of the;
j United States iu said waters will be arrested and punished as above provided, and
I that all vessels so employed, theu' tackle, apparel, furniture, and avrgoes, will be seized
I and forfeited.
In testimony -whereof I have hereunto set my hand, and caused the seal of tho
I United States to be affixed.
i )
^,
IMAGE EVALUATION
TEST TARGET (MT-3)
4
1.0
I.I
1.25
UiKA
|Z5
■ 2.2
us
|40
I
2.0
^1^
V
Vj
Photographic
Sciences
Corporation
1?. WtST MAIN STREIT
•«iBSTIR,N.Y. MS80
(716)«72-4S03
^s^
o
^p^ 4«*\ WcS
'^.<^
ft
I.
Done in the city of Washington this 15th day of March., 1800, and of tli
In(h>p<>n(lcncc of the United States the 114th.
(Signed) BEiNjN. HARllISOiN.
By the President,
(Signed) Jaues G. Hlaine,
Secretary of State.
No. 5.
Sir J. Pauncefole to the Marquis of Salisbury. — {Received September 1.)
(Kxtract.) Magnolia, July '24, 18S0.
TlIE adjournmcut of tlie Behring's Sea negotiations caused by the departure of
the Secretary of State from Wasliington for Bar Harbour, as reported in my
telegram of tlie 3rd instant,* affords a convenient opportunity for submitting to your
Lordship some observations on the course of those negotiations and on the present
situation of the controversy.
It may be convenient, in the first place, to recall the circumstances under wliieli
the London negoliation was renewed in Washington.
The London negotiation had been interrupted by various events before any satis.
factory inquiry had t"^ken place into those important questions of fact on wiiicli the
United States' Government base their contention that a close season in Belirinij's Sea
is indispensable for the preservation of the fur-seal species. That contention was
supported, no doubt, by a considerable amount of ej; parte evidence, on the strength of
which the United States' Government proposed a close season from the 15th April to
the 1st November.
At the same; time they declared that they only desired a close season for sucliii
period as might be requisite for the end in view.
Her Majesty's Government were disposed to entertain the proposal favouralily,
subjeot to the views of the Canadian Government, as representing that part of Her
Majesty's dominions immediately interested in the seal fishery. The Canadian (ioveni-
mcnt pointed out that the proposal of the United States' Government would practically
have the etfect of excluding Canadian sealers altogether from Behring's Sea. Tliatthe
period suggested for a close season might as well be read from the 1st January to the
31st Ueccmber, it being notorious that seals do not enter Behring's Sea until the
Uiiddlo or end of May, and have left those waters by the end of October. They
disputed tlic accuracy and value of the evidence relied on by the United States'
Government.
It was at this juncture that Mr. Phelps, the United States' Minister in London
(according to Mr. Blaine's note of the 19th July, 1890), telegraphed to his Government
expressing liis fear that, owing to the opposition of Canada, "there would be no
Convention.
Tlie Presidential election then supervened, which, as Mr. Phelps admitted, neces-
sarily suspended the negotiations. The formation of a new Cabinet at Wasliington,
and the aj)i)ointment of a new iiritish Minister, retarded further progress, and it was
not until the month of February last that it was agreed that the negotiation siumlil
lie resume<l at Wa.shington between ^Ir. Blaine (the new Secretary of State), M.de
Struve (tiie Russian Minister), and myself.
It was admitted that the sole object of tlie inquiry was the preservation of the
fur-seal species for the benefit of mankind, and tliat no considemtion of advantage to
any particular nation, or of benefit to any private interest, should enter into tlie
discussion.
During the negotiation I had the advantage of the able assistance of ^fr. Cliarlis
Tupju'r, the Canadian Minister of Marine and Fisheries, and I may say that, tliniiii,'li-
out the inquiry, Ifer Majesty's Government were animated, by (he largest spirit of
justice, friendlines.^, and conciliation.
On th(! part of the United States' Government, ilr. Blaine produced a Memoran-
dum of evidence and extmcts from oflicial documents to prove "that the killing ol
seals in the open sea tends certainly and rapidly to the extermination of the species."
This assertion was combated with great force and ability by Mr. Tuppcr in a
counter-Memorandum which I laid before the Conference, and in which a great amount
of testimony is collated adverse to the view of the United States' Government. The
• See " United Statei No. 3 (1890), " p. SOS.
3S under wliicli
ison for sucli ii
result of tho careful consideration which I t^avo to the evidence on both sides was to
satisfy my own mind that, while measures arc called for to protect female seals with
youni; from slaughter durinp the well-known periods of their migration to and from
the breeding islands, and also to prohil)it the approach of sealing-vesscls within a
certain distance of those islands, the in(|uiry had failed to establish the contention of
the United States' Government that the absolute prohibition of pelagic sealing is
necessary for tho preservation of the fur-seal species.
But the conflict of evidence and opinion on many points was such as to preclude
all hope of a solution of the question without recourse to a Commission of Experts, and
possibly to arbitration.
In' this state of things I was invited by Mr. Blaine to make a proposal on behalf
of Ilcr Majesty's Government. Accordingly, I prepared and submitted to the Con-
fnrence the scheme of settlement explained in my note to Mr. Blaine of the 20th April,*
together with the draft of a Convention to carry it into effect, the draft having
previously met with the concurrence of the Canadian Government and with your
Lonlship's approval.
I venture to think that it would be difficult to suggest a more equitable basis
of settlement.
The proposed Convention provided for an appointment of a Mixed Commission of
Experts to report on the disputed jwints, with ultimate recourse to arbitration, should
it be found necessary for the final adjustment of all the questions involved. More-
over, it embodied regulations to take immediate cilect, and which I do not hesitate to
affirm were amply sufficient to remove all risk of the depletion, or even appreciable
diminution, of the fishery pending the Report of the Commission.
I had every reason to expect that, on receipt of my note of the 29th April and of
tlie draft Convention which it inclosed, another meeting of the Conference would have
I)pen sumraon<.'d to discuss the sufficiency or insufficiency of the proposals made by
Her Majesty's Government. But the negotiators were not invited to meet again,
and my note of the April 20tb, was not even answered.
On the 22nd May the public journals announced the rejection of the British
proposals, and the issue of instructions to the United States' revenue-cruizers of such
a character as rendered necessary the intimation conveyed in my note to Mr. Blaine of
tlic following day (23rd May),t that Her Majesty's Government would forward without
delay a formal protest against any interference with British vessels in Behring's Sea
outside of territorial waters.
Mr. Blaine's reply to that note is dated the 29th May, J and in the course of his
olisirvations on the protest ofHcr Majesty's Government he states that "no course was
left to the United States or Russia " but to reject the proposals contained in my note of
tlu; li'Jth April. That is tho only formal intimation I have ever received that the pro-
posed Convention was unacceptable to the United States' Government.
The negotiation whicli was thus hrougiit to so abrupt a termination had
l)ccn restricted entirely to the question of a close season. All questions of
legal right in controversy were purposely kept out of view, in the hope that they
would finally disappear in an international agreement. That result, however, not
having been attained, the United States' Government have reverted to the claim
of legal right to exclude all other nations from the fur-seal fishery in Behring's
Sea. I have had some difficulty in clearly apprehending, even after all the corre*
spondencc wliich has taken place, the precise proposition of law on wliich tlie United
States' Government rely in justification of that claim.
The attitude of the late Cabinet was quite inconsistent with any serious reliance
on such rights as are now asserted. Tims, I'i.sldent Cleveland, in 1887, ordered the
release of three British sealers seized in Behring's Sea, under Section 1956 of the
Revised Statutes of tho United States, which in general terms prohibits the killing of
any fur-seal " Avithin the limits of Alaska Territory, or the waters thereof."
It is true that Secretary Bayard stated that such release was ordered " without
conclusion of any questions which might be found i,o be involved ;" but no further
seizures were made in 1888, and the I'nNsidcnt proceeded to invite the Governments
of Great Britain, Germany, France, Russia, Sweden, and Japan to enter into an
arrangement for the better protection of the fur-seal fisheries in Behring's Sea.
Tills amounted to an admission, in the face of Europe, that the object in view could
not be attained consistently with the law of nations without an international agree*
ii
s ,1
* S«e" United Sutes No. 3 (1890),"
f95]
p. 455.
t Ibid., p. 473.
X Ibid., p. 473.
10
mont. Anotlipr or|iinlly sitftiiHcinl fact was tlio rrfusal of the Sonnto of the United
Stnfcs to allow tlic iiKi-rtioii '>[',i claiiM', proposed by tlic House of Hepr.'sentativos, jt,
the Act of the 2inl >rnreh, ^'^^'^, deelarinr,' that Seetioii ]'.).')0of the Jievised Stntnt-s
fthove referred to, aiid under wliieli the seizures of liritisli seah-rs on tlie lii.,di seas
bare been made, "iiudude and apply to all the waters of Helu'iiuf's Sea in AlasU
omhraeed within t lie houiidary-lines mentioned and deserihed in the Treaty m it li Uussia.'
The idausi'. as il now stands, is as follows: —
"iSeetion lU.^n of the Revised Statutes of the I'liited S!at<'-; is lierehy dcclaml ;,)
include and apply to all the don\inions of the United States in the waters of Hi-hriin;'!
Sea." It will he seen, thenfore, tint the Senate deelined ti eoniproinise itself hv anr
sueh deelaration as was ])ropined hy the House of Uepresentatives.
This is jiot s\irj)risinLt. eonsideriiiir the politieo-])hysienl ijooi^rr.phy of lJrlirin;;\
Sea. An eminent American jurist, I'resident Ausrell, in an article in the " Forum" of
>iovein'!i(>r IbSU. demoiLst rates with yreat force the fallacy of treatiiiif tint si'.i a;
marc chusum. Ue jutints out that it measures 1.100 miles from oast to west, and
SOO mih's from north to sduiIi, and that its area is more than twice that of the Nurih
Sen. and at Icmt two-thirds as urcat as the Mediterraneaii. As reaards its cntrancts.
he ri'marks that it is uj)en to the noi'th hy the straits. .'ItJ miles wide, which form
a pas«;ii,'e-wny to the Arctic Oeeuit : and to the south hy more than 300 miles of y';i
intervenins; between the most westerly island of Alaska and the Asiatic shore.
Another eminent American jurist, I'rofessor Itayncr, writing; in the same sense tu
the " New York Evening Tost" of the 27th Juin-, l>>>iO. observes that tlie inrrowiM
of the channels l>etween the western extremity of the Aleutian belt of islands
belonirinu' to the L'nited States and the Uussian territory of Kamtehatka "would
admit of a tleet of 100 vessels sailing abreast in a sin^'le Hue, even 'f deployed witlia
quarter of .1 mile between each two ve.-sels."
But oven if liehriuffV Sea were 'Mand-locked " within the meanin<; of a elosi'va,
the .severatiee in the unity of territorial possession wliieli took jjla^'e in l^'iiT hy tin
cession of Alaska to the l'nited States (h-prived it at once of one of tiio indis|ii'Msubli
conditions of a "close sea."
Russia, by the Ukase of 1^21. undoubtedly claimed that part of the Paritii
Ocean as mnrt' rlnufnin, alfheutrh sln> did not atienipt to exclude foreiirn vessol<
entirely from it. -Vs explained by M. I'oletieu, in his note to Mr. .Vdains of tiic
2Sth February, l'^2'2, llussia. wliile clainxins; the riirlit to do so, preferred only asscrtiiiu'
her '•essential riirhts '' by i)rohibitinir forei;:!i vessels from approachini; the coasts or
islands within less thati HiO Italian miles. It is clear, therefore, that Russia bav
her rii^lii to impose this lesser restriction on tbreii;n vessels upon the larirer ridit oi
total exe'usiitn utider the doctrine of mar- rldii'unu.
If I correctly understand the contenti<in of the United States' (iovormnent. it i>
this : —
They are willini; to discard the doctrine of mure rhiusnin as applied to Reliriii."
Sei. but they insist on the m >iv limited riulit elaiuii.'d hy Russia to exercise jurisiii'-
tion oi(>r fori-iirn ^l'sseN witliin ioo miles of tlie c lasts and islands. It is ol)vio;i>,
how.'ver. thai the Rus-iau claim of jurisdiction within Kit miles disappeared wiiii i:ii'
lariTcr claim of mari' ridiKum from which it was derive hand tint it caimot iiuwb'
revived with any semblance of risht. and for any purpose whatever. Sueh an
.appropriation of open sea, to use the laniruai.'e ,f Hr. D.ina (7th edition M WlieriMn.
note to narai^raph 1S7), ''howevej lomr aciiuie-eed in, is inadmissible in the nat\in' "f
thiuirs. Whatever may be tlie evideiK'c of the time or nature of tic use, it i> so'
aside as a b.ad usaire which no evideiu'c can raaivc leiral."
Hitherto the credit has been ascribed to the l'nited States of haviiii; been iin'
first nation to vindicate the freedom of the sea in respect of this very portion of the
raciilc Deean by the rii^oroiis protest of Mr. .1. (^». Adams auainst the whole of tlio
claiius, maritime and territorial, asserted bv the Emperor Alexander I in his faniom
Ukase of 1821.
I think it will be a matter of seneral surjjrisc to learn tiiat, in the view of thf
United States' Government, that ])rotest was not intended to apply to the claims M
Russia in Hehrini;'s Sea. Hut, whatever opinion may be formed on that point, il L<
certain that the prineijdes of the law of nations invoked hy Mr. Adams apply "ith
oq'.'.al force, wh 'her to the north or to the south of the Aleutian Islands, and iliat the
millions t . . ir- enls which migrate annually to liehriui^'s Sea do not, on entering it?
waters, become the exclusive property of the United States,
I will not presume to dwell lomjer on the Ici^al asptjct of the controversy, as the
various questions of law to which it has given rise havi- been fidly and conclusively
of the United
'pr.'soiit;itivos,it;
Iti'viscd Statnt,.,
n fli<^ lii^'h seas
"s Sea in Alask.i
ity with Uussia."
•n-by (i.'claml u
Uts i)f Hclirinij'f
isn itself liv any
pliy of lJi'iiriny(
the " Forum "of
ini; tint sim as
ist to west, and
l\at of the Ndrili
Is its ciiframvv
idc, wliifli farm
300 mi It's of s'M
L' shore,
ic snmc sense tn
t the iinrrowist
belt of islands
tehatka '-would
(lojiloyed witli u
lar of a eloso va,
! in lh()7 by tin
ho indispensabli
. of the Taciti.
foreiijii vessoi-
. Adams of thi'
d only asscrtini!
i\ii the eoiistsur
it Russia liav
larijer riijlit nt
>voriiment. it i-
d to Hehrin,'.
cercise jiirisiif-
[t is obviiiuj,
lenred with tiu'
eannot nmv b
ver. Sueh an
oil ,)f Wlii'i; m.
II the naturi' I'f
le use, it is >o'
aviiiu been iin'
portion nf the
' ■\vholi' nf tlio
[ in his faiuou.«
tJio viow of the
1 tho claims nf
liat point, it L'
luis apply with
s, and I hat the
on entering it?
irovorsy, as the
1(1 eout'lusively
<talt "iib in your Loidsbip's dpsjjatchcs, of whicli copies have been communicated to
Mr. riaiix'.
J will only observe, in eonelusion, that if tbi" fnited States" fjovornnipnt p'rsist
in tlu'ir ende.'Wi.iir to e\i'lu(b' Hr-itisli sulijects IVoni any partieintU ion in tlie fur-seal
tislit'ry ill Helirini;'s Sea, on the jjlea tb;it such e\e!usion is ueepssary for the jireservn-
tionof tbi' fur-seal s|)eeies. tb(\v assume a p isitioii wbieli in my opinion will not bear
tlip test of an inn>artial inquiry, and that, in difendiui? such action on the tcround of
losalriu'bt. tbey raise <piest:ons of ;;i'a\e interest and concern to all nations wbicb there
pnn '"' "" '"T'" '■' '""'"-'"2 t" '"^ ^'itisfactory soluticm otherwise than by u Conference
,,f tho (ireat I'owei^-. or by intcrnatiimal arbitration.
No. (i.
Sir C. Lirnpson and Co. to Foreiijn Offic: — (licciivcd Sppli-mber 6.)
Dear Sir, •>■!•, Queen Slri-rl, London, Sfptmilirr (!. 1890.
STNCE we addressed yon, under date of the (itli Xcvember last,* on the Bchrinaj's
!<f« Fishery t|nestion, tlic nuinlier of fur-seals annuiilly visitiiiir tiie I'libylov brecdini^
islands lias decreased to such an extent that tlie Company wiio bold the lea-^e from the
United States' (lovernmcnt liave only lun-n able to seeure, for trade purposes. :il,000,
instead of tlic usual 10it,000. skins, the ruiteil States' (Joverument Aijcnt stationed on
the islands prohibitin;; any further kilUm;.
The total exteiinination of the fur-seal, which we foreshadowed in our last, has
tlierefore come within m(>asural)le distance, and unless a clos(> time can be airaiiijed
immediately, the animal will nndonhtedly become extinct within a very short time.
We need scarcely point out that as tin' seals taken by the Canadian schooners at
<ea are the females and pups of those visitini; the breedim; islands, this industry will
of neeessity disapjx-ar with the extinction of the seal, and in conlirmation of this wo
have just rcceiveil a leleirram from Victoria informim^ ns that the seal tisliery in the
Rolirinu's Sea has been a failure, the total catch beini,' far below those of preccdin£»
TPflrs, althoniih the lishimj-vessels do not appear to have been molested by the United
StatPf' (Jovernment cruizers.
"We are. &e.
(Si!>ncd) C. M. LAMPSON and Co.
No. 7.
Foreiijn Offic- to Sir C. Lmnpson iind Co.
Gentlemen, Furrlijn OtHce, September 0. 1*^90.
I A4[ directed by the Marquis of Salisbury to aeknowleflije the receipt of your
lett(" of the (ith instant, calling attention to the serious diminution which ajipears to
have taken place in the number of fur-seals resortintr to the I'ribylov Islands.
[ am, iVc.
(Siarned) T. II. S.VNDKESON.
No. fi.
Adminilty to Foreign Office. — {Received l^epteniher 10.)
Sir, Admiraltij, Sfjittinlt'rU, l*-!)!*.
1 AM commanded by my Lords Commissioners of the Admiralty to transiui or
the information of the Secretary of State for i'oreijiii Affairs, copy of a teieu:ram dated
the Mil September from the Commaudcr-iu-chief on the Pacific Station.
I am, &c.
(Signed) EVAN MACailEGOR.
m
• dee ' rsiilea Slates No. 2 (1890)," [•. 336.
! :
i
■)
ri
C 2
IS
luclosuro in No. 8
I'ice-Admiral Heneuge to Admiralty.
(TclP!»n)phie.) Victori-% Ihitish Columbia, September S, isoo.
ON tho 23rd Ausfust four soaliii!? si'liDouei-s loft Holirinij's Sea, roportiiisj vcssilj
homeward )30und. Very l>ad cati-h on aeoount of fogiry woathor, "Rush" steanui!
round one while huntinj^ seals, and took no notice. No seizure made or auv other
interference with sealers.
No. 0.
Mr, Winton to the Marqiii.i of Salinburi/. — (Received September l.'i.)
My Lord, 32, Hulton Strret, Toronto, Canada, September 3, Is'tO.
PEIIMIT me to say that I am pleased to he ahle to contirm your Lordshlp'j
representations in reply to ^Ir. IMaiue's statenunits respeetiui; the "jmssihlo (li>strue.
tion of the Behrinaj's Sea lishery by over-lishiiii; aiul hy tiio irregular slauu;hler of
seals " in that quarter.
The North Atlantic seal lishery is very similar in ehai-aeter to that of Bolirinir's
Sea, and the habits of the animal in botli seas have a i,'ood deal in common. The
dissimilarity consists physically only in the eliaraetcr of the fur, and locally in the fiut
thci; the Atlantic seal is tiiken, captun^l, or killed either in the water or upon tlie ice
witii which it is covei-ed at the season when they are taken, whilst the racitie seal is
killed in the water or upon the adjacent islands.
May I ask your lA)rdship also to note the fact that when United States' seal-
hunters some years aijo (in iMiO-til, 1 think) undertook to comi)ete in our Newfound-
land seal fishery no objection whatever was raised by us to their doiu!» so, or even to
their outtittiui? in our ports, subject to like duties ujwn their supjjlies and outtits which
the local fisherman had to pay ': It was our refusal to permit them to briu^' in tlicir
own supplies free of duty, whilst they outtittcnl in other respects from our ports, which
induced them in a tit of mere dudi^eon to abandon the fishery.
From the inclosetl extract which I take from t'.ie " Toronto Kmpirc " of the 2'>th
July your Lordship will ))lea,se to observe that I have taken some pains to tabulate
the recorded annual catch of our North Atlantic seals from 1805 to 1SS5 inclusive.
This is entii'cly distinct from the catch (of which no record is kept) niaiuly taken
from the shore and within the bays and harbours of the island, which is in some
years quite large, and would add very considerably to the number. And yet, witli all
this annual destruction, there is to-day no jierccjjtiliie diminution of the number of
seals. If these animals were not thus destroyed, and their produce utilized, the cod
fishery, which to-day constitutes tht> main industry of the Colony, together with our
Atlantic salmon and herring fisheries, would almost immediately be destroyed ; for it
is entirely upon these fish they prey, aiul the quantity annually consiuued by them is
almost incalculable.
I have, &c.
(Signed) ROBT. WINTON.
Inelosure in No. 9.
Extract from the " Toronto Empire" of July 28, 1890.
TuE Beuring's Sea Seal Fisuert.
To the Editor of the " Empire."
Sir, 32, Halton Street, July 2i, I'SflO.
I HAVE read with much interest that portion of the olVicial correspoiulciice
recently laid before the House of Commons on the above controversy between the
British and the United States' (lovcrnments, as published in your issue of "Tlie
Empire" this morning, and have been much struck by the contrast exhibjted between
the vigorous, logical, and perspicuous representations of Lord Salisbury anil tlie
\feak and disin^onuous assumptions and propositions of tlie Minister of the UnitoJ
States.
I am glad to ohscrvo Lord Salisbury's recos?nition of the fact that " it requires
somctliiii'? more than a more deelaration " upon the jmrt of a Minister of the United
States to bring one to a substantial conclusion as to facts involved in the discussion of
iiuir^fiioiies rf'.rut(e l)etwcen the two (iovernnients. It is quitt' possible (as his l^ordship
intimates) that in some i-espccts "Mr IMaiiie has been misinformed," as it is equally
clear tiiat in othci-s he is neither inlormcd nor misinfonned.
In reply to ilr. ]Uain(>*s statement respecting the " irregular slaughter of seals in
the open waters of Hehring's Sea," and the tonseciuent iKJssible total destruction of the
lisliery in a few years, Lcn-d Salisbury dei-ms it unnecessary to deal with that phase of
the (piestion, as it is proposed to submit all the conditions of pelagic sealing to the
invest juration of a Committet> U) be appointed by tiie two (lovernments. In the moan-
time, liis Ijordship is of opinion tiiat if all sucii sealing was stopped, tlio creature
ffoiiKl nudtiply at even a more extraordinary rale than at piesont, an opinion which
every praetieal seal-hunter will readily iudoi"se.
'As compared with the North Atlantic seal lishory. the Kolu-ing's Sea fishery is
quite a modern and recent industry. Before Hehring discovoii'd either the sea or the
>traits to which his name has been given the North Atlantic fishery was an imi)ortaut
industry.
Uotii fisheries have some features in common, and the habits and clim-acteristics
of the animals in both watois ni-e not very dissimilar, esiweially as regards conditions
of propagation, gestaticm, &e.
Tlie records of our eastern fisliory have been very acouratoly tabulated for nearly
a lunidrod years, and the results fully justify Lord Sjilisbury's opinion, and most
em]>liatieally confute Mr. Hiaiiu-'s lamentations. In order to show how little justifica-
tion there is for 'Sir. Hlaine's prognostications, ! may siy that from lS(t5 to 1885, or
ffitliiu the past eighty years, no less than 2s,(100,000 seals have been ea|)tured in the
North Atlantic, over and aliove those of which we have no record, and yet 7io per-
ceptible reduction of the mass is aiuuially or periodioally visible.
The following Table gives the numbers taken in decades from ISOo to 1885 :—
The year etuiing
1H13
18-Jj
isaa
1845
1 vS j.'l
1 Sli,i
1875
1885
Total to 1885
1.090,000
1,950.024
•l,31'J.t)73
•1,9>.I1,I"0
4,3S8.'J80
3,'»o7,370
■),115,H00
3,981,360
•JS.Slti,783
Just at this nicmient I have not at hand the figures for tlic ])ast five years,
but I think they will not vary materially from the averages given above for the i)re.
otHiing like jteriod, except as they may be atl'oeted by the decreased outfit of sailing,
vessels and the reduction of the number of steamers now t>mployod in ''he fishery,
several of which have been j)urchasod by the United States' Government and converted
into ships of war, as, for example, the " Tigress," " Hear," " Thetis," and others, the
names of which I am not advised of. Our old and discarded seal-huntei-s, after tifteou
or twenty years' seniee and the loss of their first letter, make gallant war-ships for the
United States; and, as a remarkable instance of the irony of fate, are occasionally
employed on the Pacific in the chase and capture of their eongeuei's engaged in
occupations that wei-e not (notwithstanding ilr. lUaine) contra bonos mores in earlier
and ' appier days. Could these old stairers speak, how well they might exclaim, "To
what base uses do we come at last."
But there is (me ])oint in this controversy to which I am desirous of calling the
attention of our llei)resentative nt ^\"ashing!on, and of Lord Salisbury himself, and
tliat is, that as long ago as 1*^00 tl.e Americans thomselves demanded of us the very
right which we now (Icmand of them, and then, as now, we admitted their right to a
pmseoution of the North Atlantic seal li^hoiy. quite as much, nay more, a perquisite of
our Atlantic provinces as is their i'ehrinir's Sea fishery of the Alaskan and Aleutian
annexes. Tor sevenil years the American steainor "MonticoUo" was dis|)atchod to
St. .lolin's, Newfimndland, and was ti.ere fitte<l out, provisioned, manned, and equipped
foi the pi-oseeutiou of a pelagic industry, the capture of seals in the deep watei-s adjacent
to the coasts of that province, ^ho.'uo doubt, took seals within the S-mile limit;
^1
■t 'i.
n
w
outaide that limit her risfht to take tliom was pcvor questioned. She might have wm,
tiniind the prosociifion of thn' industry to this diiy liad Iicr owiicis i'ouikI ni.n in
the United States' with sulTicifnt (hiring' aiid|)liiek mid nuisclc lor llic work ; !,iit t!., ,
were not to ho had, and after one or twn voyau;i!s tlic vcs-d was withdrawn, oidv in
oonsequeneo of our refusal tn permit her to oiillit and man in our own jitnls. jiuil i,,
enior and clear her supplies, i)r<)U!;ht fnmi the United States, free of tiie eustonis m.^
which our own people were suhjeet to.
In this case the A'nerieans then demanded, and we eoueeded, the suae r'^-lnij
whieli w'o now demand and they refuse. More, they were a<'tually permitted to l',i out
at our own ports u))on the same eoiulitions as our own imtlitters were siiliject t . j
leave these faets to Mr. Bluine, for liis consideration, and trust they will not lie l,„t
eight of when the prospective Connnittee makes up its Keport.
Yours, &c.
(Si},'n(>d) R. AVIXTON.
No. 10.
Forciijn Office to Mr. ll'inton.
Sir, Jujielijii 0///V. , Sf'iitf'iiiliir Hi, ]<i i.
I AM direeted by tlie Marquis of Salisbury to aeknowled'^'e tiie reeeipt o!' vo.ir
letter of the Ih'd instant, relatim* to the seal iisheries in ilie North Atlantic . ilin
IBohring's Sea, and 1 am (o return to you his Lordshii)"s thanks for your con, lauiii.
cation.
I am, &c.
(Signed)
T. H. SANUEIJSON.
No. 11.
Sir J. Pmiticefnte to llir Marquis of iSalisburi), — {lieceireil Septembrr 22.)
My Lord, Maynoliu, September 11, iS'.Kt.
I HAVE the honoiu" to transmit herewith copy of a Mill entitled, "A Hill to
amend the Act entitled, ' An Act providini; a Civil (iovernment for Alaska.' "
The words in italics constitute the amendment by which jurisdiction is proiiojcd
to he (conferred on the Supreme Court.
The rest is exactly as the Statute now stands.
T hav.-, -^c.
(Si-ued) .JULIAN I'AUNCEFOTK
Inclosure in No. 11.
61»< Congress, 1st Session .—il, R. 11079.
In the IIocse of Reimikskntatives.
September 8, 1890. — Read twice, referred to the C<nnmittec on the .Judiciary, and
ordered to he printed.
Mr. Thompson- introduced the foUowini? Bill :—
A Rill to amend the Act entitled, " An Act prnridimj a Civil Government for Alaskn."
BE it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, that section 7 of the Act approved the 17th May, 1S84,
Chapter 53, be, and the same is hereby, amended to read as follow.s : —
"Sect. 7. That the General Laws of the State of Oregon now in force are lierebv
declared to be the Law in said district so far as the same may he applicable, and not
in conflict with the provisions of this Act or the Laws of the United States ; and tlic
/sentewee of imprisonment in any criminal case shall bo carried out by coufincmjnt in
the (jnol or ppnitiMifinry liorohmffpi- ]m)vi(lc(I for. Hut fhc snid District Court shall
liavp <'\c'Iiisiv(' .iiirisdictimi in uii cases in (•(|iiity, or those involvinj^ a (|UPstion of title
tolnnd, i»r mining riiflits. or the eniistitnti<innlity of a T-iw .nnrl in ;ill criniitKil olTencos
wliii'li nre efipitfvl. In nil civil <'!ises nt onninion !;i\v, iiny issue of fact sliall ho dotcr-
inined hy jUrv, at the instance; of either party, and an a|)|)eal shall lie in any case,
civil or e'rinu'nni, for the jndj^ment of said Comniisssioiiers to the said District Court,
whore tin' nmoiint involved In any civil case is 200 dollars or more, and in any criminal
ca<(' where a tine of more than 100 dollars or iini)risf)nnient is imposed, i.pon the fllinji;
of a sntllcii'iit apoeal hond hy Ihe party ai)pciilinir, to he approved hy the Court or
(^oiinnissioner. Writs of error in ('rimina! cases shall Issue lo the said District Court
from tlie Fnited States' ('ircuit Court for the District of Oregon in the cases provided
in Clinpter 17<5 of the JiTws of ls70, and the jurisdiclioii tlierehy conferred >ipou tho
Circuit Courts is herehy ^'iven to the Circuit Court of Oregon ; iinil IlicJiniilJudymenln
or /)' rcf'w of said Di.iirlct Court iiini/ ho rcv'wvrd hy tlir siiid Circuit Court In civil rit.sns in
llie .■intiif intiDiifi- (iiid with tlir lila: cff'prt it.t fimil .hidtjmrntu or Decrecu of the United Status'
l)i.itrirt Court for the District of Orn/nn : and till' final .Tndi,'m(Mits or Decrees of sjiid
(InMiit Court and District Court may he reviewed hy the Supreme Court of the United
Rtntes as in other eases."
Xo. 12.
fiir J. Paunrcfote to the Marquis of Halislmrij. — (lirceirfd Septtmhpr 29.)
Mv Lord, Matjnolia, Mn.smchusetts, l^rptember 10, 18\)0,
WITH reference to my despatch of the 2tth July last, I have the honour to
inclose, in the form of a Memoranduni, sonu' olisiivations on Mr. Blaine's note of thi!
;iUtli .Inne last. They are suu'ijestcd hy certain jiassa^^cs in Mr. .Tohn Quincy Adams'
(Ipspatchcs relatin;; to tlie I'ussian Ukase of JM2J, which do not appear in the
ciirrespondeuce on the subject laid hefore Coiiijress in 1H80, but which seem to me to
(dnfuvn in a rcmavkah'.e way the views expressed in your Lordship's despatch of tho
im\ August.
I am, &e.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 12.
\nte on Mr, lilttine's Inter protation of .Ur. J. Quincy Adams' Despatch to Mr. Middleton
ofJuhj'l'l, 182.i.
MH. IILAINE, in his not<' of the 150th -Inne, 1S90, arijues at great length to
A\m- tl-at Mr. Adams, in his despatcli to Mr. ]Sriddleton of tlu^ 22nd July, 1823, did
iidt dis])u1e tli(! claim of l^ussia to exclusive jurisdiction over that part of the Vacific
Oconn now known ns Hehring's Sea, hut that he only protested against tl»o Imperial
I'kase of 1821 so far as it ndated to the claim of Russia to territorial dominion on
tho continent of America south of the fj.'ith parallel, and to exclusive maritime juris-
(iiotion south of the Aleutian Islands.
It is to he regretted that in the printed correspondence relating to the Imperial
Uknse of 1821, presented to Congress in 1885), certain passages from Mr. Adams'
desimtches should have heen omitted, as they arc absolutely fatal to ilr. Blaine's
contention.
In the first place, in a paper accompanying Mr. Adams' instructions to
Mr. Middleton (hut which paper docs not appear in the printed correspondence above
refon-ed to), the following jmssage occurs with reference to Russia's claim of
maritime jurisdiction from Hehring's Strait to 45" 50' on the Asiatic coast and to 51
on the American coast : —
" Th(> right of navigation and of tlshing in the raciflc Ocean, even on the Asiatic
coast north of latitude 15°, can as little he interdicted to the United States as that of
traifio with the natives of North America."
President Angell, who cites the above passage in his article in th»' Eorum of
Novi'ml)er 1889, makes the following comment upon it : —
" After reading such language from Mr. Adams, can any one doubt what his
answer would have been to a ppoiioeition by llussia to concede that the Pacific south
il
lA
lio r>5th pamllol was nn open son, Init that tlio port north of it formed a close soa
wln'di slic liad cxHiisivo 'nirisdu'tion ? "
of the
ovor wlnY'li slic liad cxcliisivo i\irisdi<'i
An equally im])()rtant ))aasaf»(' is also omitted in the eorrospondcnee proscntcd to
Conirress. It is to lie found in the despateh addressed hy Mr. Adams to Mr. \\m\^
the United States' Minister in I^)n(l(>n, inclosini; eopiea of his Instnicfions t('
Mr, Middleton, and directing him to confer freely on the suhject with the Hritisli
Government, hoth Governments heiiip united atjainst the Imperial Ukase of ]h->\
This despateh, which is of even date with the instructions to Mr. Middleton (22n(l,Iulv
182.1), is reforred to by Ur. Dana at p. 97; of his Sth edition of Whcatcm's "11,10;;
national Law " (note on the Monroe doctrine appended to section fi7), for tin- imi|KM'
of showing that the paternity of the Monroe doctrine lielnns;s to Mr. Adams. Kut jt
has an important hearing on the point raised hy Mr. Hlaine. as it contains a clear aud
contemporaneous exposition hy Mr. Adams himself of his views in relation to the
freedom of navigation of the Tacific Ocean in its entirety.
In this despatch Mr. Adams, after contending that the entire continent was
closed to any new establishment hy any European Power, proceeds as follows : —
" A necessary consequence of this state of things will be that the American
Continents henceforth will no longer be suhject to colonization. Occupied hy eiviliz(>(l
nations, they will be accessible to Europeans and ench other on that footing alnnp,
and the Pacific Ocean, in every part of it, will remain open to the navigation of all
nations in like manner with the Atlantic."
Mr. Blaine, in his note of the .SOth .Tune, observes that ^Ir. Adams, at an intervieff
with Haron Tuyl in July 1823, had foreshadowed the doctrine Avhich four montiis later
was asserted by President ^lonroe, in his Annual ^Message to Congress. Hut he makes
no allusion to the passage above cited from Mr. Adams' desiwtch to Mr. Ihish,
probably because it is omitted from the text of the despatch, as printed at p. 212 of
the Correspondence presented to Congress. It appears to me to confirm in a
remarkable way the view of historians and jurists, that the purpose of Mr. Adams'
despatch to Mr. Middleton of the 22nd July, 1S23, was not only to opjiose the
territorial claim of Russia, but to vindicate the freedom of navigation of the I'aiilic
Ocean " in every part of it." Thus, Calvo states that the result of the Treaty of 1«:H,
betAveen Russia and the United States, was to secure freedom of navigation and tislipry
"danstoute IV-tendue dc I'Ocean Pacifiquc" (\o\. i, p. 115, 4th edit.). The United
States' Government cannot seriously contend thai Mehring's Sea was not a pnrt nf the
Pacific Ocean in the contemplation of Mr. Adams, for not only was the term " Hi'lirint;
Sea '■ unknown at the time of the Treaty of 182 1. hut evcm in the Treaty ot Cession nf
Alaska of the 20th June, 18(57, the "island of Atton and Copper Island (of the
Kormandorski group) are described as bring in the "North Pacific Ocean." ^[orcoviT,
in 1842, Russia refused to interfere with the operations of American whalers in
Behring's Sea when pressed to do so by the Russian American Company, on the ground
that the Treaty of 1S2 1 gave to American citizens the right of fishing " over the mIioIc
extent of the Pacific Ocean."* Indeed, since the Treaty of 1821', and that with Great
Britain of 1825, Russia has never attemjited to exercise maritime jurisdiction over
foreign vessels in Behring's Sea outside of the territorial waters. This alone should
dispose of the claim of the United States to exercise such jurisdiction within
100 miles of the coast of Alaska, for it pur))orts to have been derived from Russia in
1867, while it was renounced by Russia herself in 1824.
As regards the right of fishery whieli Hows from the right of navigation, Calvo, in
his work on International Law (4th edition, § 3.')7), cites the claim of Denmark to tiie
Greenland fisheries, based on long usage and on recognition by Treaties. Altiiou!,'h
she reduced her claim to seventy-five miles from the coast the other nations refusi'd
to admit her pretensions, on the ground that as no nation can acquire by usage or by
Treaty any property in the high seas, therefore no nation can extend the limits of its
territorial waters. Calvo adds : —
" Si de pareillcs derogations aux principes universellement reconnus ont lieu, e'est
qu'elles sont dictees par un int»5ret maritime de premier ordre, notammcnt I'expioi-
tation de peches c6ti^res d'une nature exceptionnelle, des bancs d'huitres ou ;iutres
coquillages ; il faut quellcs so renferment dana la limite de I'ohjet special qiiilcsa
fait adopter ; et ellcs ont besoin pour devenir obligatoircs, d'etre sanctioiineeif pur da
Convenlions expresses et e'crltes,"
J. P.
• Bancroft's " History of the Pacific Sutea," vol. sxviii, p 583
r . 17
No. 13.
Admiralty to Foreign Office. — {Received October 7.)
Sir, Admiralty, October 4,, 1800.
I A^r commanded by the I^ords Commissioners of the Admiralty to transmit, for
the i)crii.snl of the Secretary n( State for Poreitjn Affairs, an extract of a letter fri.Mi
the Coiuniantler-in-cliie* on the racific Station, (htiMl the lOth September, reporting
(1,0 r(>tiirn of the 8ealini,'-sehooners frotn iJehrins;'* Sea.
^fy Lords desire me to call parti<;nlar attentio i to paragraph (5 of Roar-Admiral
llotham's letter, in which it is stated that two-tliiris of the catch consisted of female
senls, sliowini; the necessity of some agreement to prevent tlie extermination of a
valuable fishery.
I am, &c,
(Signed) EVAN MACOllEOOR.
Inclosnvo in No. 13. ,
Rear-Admiral Hofham to Admiralty.
(Extract.) " Warspile," at EsquimuU, September 10, 1800.
I HAVE to request yon will bring to Wni notice of the Lords Commissioners ol
the A<lmiralty this lett(U' with reference; to my telegram of the 8tli instant.
I personally saw the masters of the sealing-schooners named below, and obtained
from tliem the information herein reported ; —
Captain C. Cox, schooner " Sapphire."
Captain Petit, schooner " Mary Taylor."
Captain Hackett, schooner " Annie Seymour."
Captain W. Cox, schooner " Triumph."
They left the Behring's Sea on the 23rd August, and reached Victoria, British
Columbia, in thirteen days. This season has been the worst they have experienced
(Captain Cox, of the " Triumph," having been sealing for five years), and state it is
diip to the bad weather they experienced in July, which is the month they always
make the biggest catch ; as for twenty-ono days, then, nothing but heavy fog was
exporicnced, and they consequently could not get out their boats and canoes to hunt ;
they state they saw of plenty of seals whenever it cleared a little.
Mr. Ilackott, of the "Annie Seymour," says be met the American cruizer
"Rush," while his boats were roimd the schooner, actually engaged in sealing, and the
cruizer steamed round them, but took no notice whatever ; ho had his colours flying,
and after about half-an-hour she steamed away.
None of the other schooners they spoke Avith bad met with any interference,
or been spoken to by the cruizers. They knew of tbo " lUish " having been to Sand
llead, Siuimagin Group, and served a rroelamation on board the " Ariel," but, as they
were at Ncrth-Plast Bay, they had not met her then.
They also mentioned that two-thirds of their catch consisted of female seals,
but that after the 1st July very few indeed were captured " in pup," and that when
sealing outside the Behring's Sea, round the coast, on the way up (where this year the
lieaviest catches were made), they acknowledged that seals " in pup " were frequently
captured.
One captain stated he saw what ho thought to bo an English man-of-war, but
as this could not have been, the A'essel may have been the United States' surveying-
ship " Albatross," or a Russian man-of-war or cruizer, though I have no intelligence of
any of the Siberian fleet being in those jjarts.
I might add tiiat tbe sealers say they heard rumours of a new seal-rookery
heing formed on 3Iiddleton Island, which is outside the Behring's Sea, but -Vnierican
territory.
(l\
i I;
V ,
[96]
1ft
No, It.
Admiraltif to Foreign Oj/tce. — [lieceiveil October \4.)
Sir, Admiriiltij, October 14, IfiflO,
I AM commanded by my Lords CominissioiuTs id' (ho Admiralty to transmit, for
the information of the Secretary of State for l"\)rei;^n AH'airH, copy of a telcnrram^
datad the I4th instant, from the Comiuander-in-eliief on the I'aeiiic Statiim.
I nm, &c.
(Signed) EVAN MACGRKGOR.
Inclosuro in No. 11.
Jtear-Admiral Hat ham to Admiral tij.
(Telegraphic.)
ALL the scaling schooners iiavc returned
" Warspite," at Victoria, October 14, 1800,
No. 15.
The ^fnr(|lli.'> of Salishimi to Sir J. Pauncrfotr.
Sir, Foreign Ojjivr, October 22, 1890.
YOUR despatch of th(! 2KtIi .Tii'y last, inclosinfi; a Jetter from ^Ir. lilaino
under date tlio l!)tii July, re;ud\ed nie shortly boforo the close of the Session of I'mlia.
mont. I did not aiis\v(>r it at the time, ehieliy because 1 did not think it desinilili'
to mix up -what seemed to me a ci'»u(roversy on a very imiuiportant and seeoudarv
point with the more serious (piestions which were in issue between the two (lovmi-
ments, and to which the correspdndenc" then '^'oiiii,' ou specially apidied. I understand
from you that Mr. Mlaiue ".las since asked whotlier you have received any answer tn
that desivatch, aiul, therefore, 1 will uiako some observations upon it now, altlioutjli it
appeai-s '.o me to contain little that alleets any (juestion of public importance.
I understand his complaint to be that, in a conversation with Mr. I'liplps,
reported by that gentleman in a I'.espatch dated the 25th February, 188S, I liail
asseiiied to the American proposition to establish, by mutual aiTangemeut Ixitwoen
the Governments interest<>(l, a close time for fur-seals between the 15th April and
the 1st November in each year, and between KMf west longitude and 170° cast
longitude in the Bohriag's Sea ; that I had undertaken to cause an Act to bo
introduced in I'arliament to give elVect to this arrangement as soon as it could be
prepared, and that I subsequently receded from those engagements.
The conversation in question took jjlaco on the 22nd Tcbruary, 1888, and my own
record of it, written on the same day in a despatch to yoiu" predecessor, is as
follows : —
"Mr. Phelps then made a proposal on the bases embodied in Mr. Bayard's
despatch of the 7th February, a C()])y of which accompanies my previous despatch of
this day's date. Mr. Bayard there expresses the opinion that the only way of
preventing the destruction of tlic seals would bi; by concentrated action on the part of
the United States, Great Britain, and other interested Powers, to prevent tlieir citizens
or subjects from killing fur-seals witii iire-arms or other destructive weapons north of
50° north latitude, and between lOU" west longitude and 170° east longitude from
Greenwich, during the period intervening between the 15th April and the 1st
November. I expressed to Air. I'helps the entire rcadiuoss of Her Majesty's Govern-
ment to join in an Agreemeut, \vith Russia an.d the United States to establish a
close time for seal fishing north of some latitude to be fixed."
It results from these two records tliat Mr. Phelps understood mo to accept en hkc
the proposals of the Governnn i of the United States; while my own intention and
my own recollection of the conversation was, that I merely accepted the general
principle of a close time north of some degree of latitude to bo subsequently fixed.
This difference in the two reports of the same conversauon, though not in itself very
wide, unfortunately covers the controvin-sy between the two Governments, at least
in its earlier stage ; for the matter in dispute between us was the extent of the aiva
and the season over which tho close time was to extend, and not the expediency of a
close time in principle. Mr. Blaine speaks of Mr. Phelps as having been long kno\ra
in his country as an able lawyer, accurate in the use of words, and discriminating in
the statement of facts. In tliat tril)ute to Mr. Phelps' high intellectual qualities I
10
jniu most unrcRPrvodly, as far as my own no(|uaintnnrp with liini enabled mo to judge.
But it is nothing; unlioard of that a man, liowovc- liii^lilr i^'ifiod in this respect,
should, in ri't'onlin!? tliiec days nt'tcrwards a i'»)nv(Tsati()n w' ere no kind of note ww
taken, and no rlTort made to dclhif (he ox press! )ns of opinion wliieli were oxehanged,
liave slifr'itly miseoneeivod the extent to whieh assent was «;iven to his own pi-oposals.
My recolleetion remains nnehani^ed, that I never inteiuled to assent and never dkl
assent to the detailed proposals which were ])nt forward on hehalf of the United
States, roserv in u: my opinion on them for fuller eonsideration ; Imt that I expressed
tlic fullest eon(;urrenee on tlu^ ])art of ller ilajesty's (Jovernment in tho f^ennral
principle on whie.h those proposals proceeded, namely, the ('stahlishment of siieli eloBC
time as should lie necessary to preserve the species of fiu"-s(>als from extermination.
Hcyond this issue on the particular (piestion of fact, whether f did or did not
assent to tlw proposals of the Unil(>(l States as nnrescrvedly as ^Ir. I'hrdps ima-^incd,
there is a lari,'er (pu'stion in re;;ard to which I must respectfully dilTer from the
opinion expressed by ,Mr. iSlaine. lie spealcs of thesi" conversations as consliliitinu; an
Agreement, am! alludes to one of tliem under the name of the Ai,'reement of tho
:!5tli February. I do nut think that this was the obiec! which the jiarlies had in view
in the conversation to wbieli Mr. ]51aine n'l'ers. They were not makini^ bindini,' stipn-
liitlons or definitive Acrrec^ments. No word, as far as I renuMnher, was uttered on on(!
side or the other to indicate that so unusual a meanini; was attached to the lant?uaf^o
used. The\ were, as such convers.iticms usually are, preliminary conversations,
intended to lead u[» to an AL,'r(>cment. If the Avords iitteriMl in a conversation at
ffliich no notes are taken are intended to constitute in any sense or degree an Agree-
ment between persons takinijf ]»art in tiio cun "-alion, it seems to mo essential tliat
the subsequent rec(jrd which contains the piia (<s which ait; to be construed as
an Agreement should bo drawn up with the ccueurrenee of both tho parties who have
taken part in the conversation. Any other ruiirse must necessarily lead to misunder-
standing.
If Mr. ]Uaine should revert to tiio matte- auuin you may read to him this
despatch, but I do not think tho question is of sullicieiit importance to require any
communication on your part xmless he should refer specially to it.
I am, &e.
(Sign(«d) SALISBUEY.
No. 10.
Sir J. Pmmcefole to the Miinntis of Salinhunj. — {Received November 12.)
(Telcgrapbic.) V. U'a.ihin</ton, Nocvmber 12, 1800.
I TAILEl) in my elTorts to SCO ^^Fr. Blaine until to-day, when I reminded him
of your Lordship's projjosal of arbitration in the Behring's Sea controversy, and
pressed him for an answer in view of the ai)|)roaebinic meeting of Parliament, lie said
that the delay in sending an answer was due to the pressure of home politics during
the recess. lie was, howevi^r, now engaged in writing lue a note in answer to my note
of the 12th August, in which 1 conuuuiiicalcd to him your Lordship's despatch of the
2nd August. This note lu; said would be delivcn-ed belore the meeting of Parlia-
ment or the reassembling of Congress, and would, he thought, advance matters. In
the meantime any further discussion is deferred.
' • No. 17.
Sir J. Pauncefote to the Munniin of Salinbttry. — {Received Xovember 17.)
My Lord, Washing ton, November 7, 1890.
I HAVE the honour to transmit herewith two copies of the transcript of record
in the appeal case of the schooner " Sylvia Handy " v. the United States.
The "Sylvia Handy " is an American vessel, and her owners, who are American
eitizcns, appeal against lu>r eoudeiimation and forfeitures by the District Court of
Alaska for engaging in tho fur-sivil lishery m ilehriug's Sea 17 miles from land.
It will be contended on this a|)peal that the Act of Congress under which tho
seizure was made has no application outside of the territorial waters of Alaska ; and
that, if it purports to control the waters of Bcluring's Sea beyond 1 marine league
from the shore, it is unconstitutional and abortive.
[96] - D 2
%
1
i
,
'UKr
t
20
This appeal case was numbered 683 in the last term of the Supreme Court. It i,
now numbered 373, and it may possibly come up for hearing before the expiration of the
present term. Although different considerations apply to the case of an American
vessel, the Court may be called on to give a construction to the words in clause 1950
of llio Revised Statutes of the United States, " within the limits of Alaska Tcrritorv
or in the waters thereof," which will settle the question of law adversely to tli'e
contention of the United States' Government, and irrespectively of the uationalitv nf
the vessel.
nationality of
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 17.
Transcript of Record.
Supreme Court op the United States.
October Term, 1889, No. 683.
The Schooner " Sylvia Handy," her Tackle, Apparel, Sfc; L. A^. Handy, James Carthcui,
J. N. Handy, and William Thomas, Owners, Appellants, v. the United States.
Appeal from the District Court of the United Stales for the District of Alaska.
(Mlcd June 16, 1888.)
In the United States' District Court in and for the District of Alaska, United States of
America.
To the Honourable La Fayette Dawson, Judge of said District Court.
THE libel of information of M. D. Ball, Attorney for the United States for the
District of Alaska, Avho prosecutes on l)ehalf of the said United States, in tlio name
and on behalf of the said United States, alleges and informs as follows, to wit : —
That M. A. Hcaly, an officer in the Revenue Marine Service of the United States,
duly commissioned by the President of the United States, in command of the
revenue-cutter " Bear," and on special duty in the waters of the District of Alaska,
heretofore, to wit, the 2nd day of September, a.d. 1887, Avithin tlie limits of Alaska
Territory and in the waters thereof, and within the Civil and Judicial District of Alaska,
to wit, ■within the waters of that portion of Behring's Sea belonging to the United
States and said district, on waters navigable from the sea by vessels of 10 or mim'
tons burden, seized the scliooner " Sylvia Handy," of San Francisco, California, her
tackle, apparel, boats, cargo, and furniture, being the property of some person or
persons unknown to said Attorney.
The |)roperty is more ]iartieularly described as follows, to wit : The sclioonor
"Sylvia Ilandy," of San Francisco, California, of 67 1',") tons burden as per register,
standing and running rigging, sails, chronometer and nautical instruments, clock,
lamps, carpenters' tools, books, anchors, casks, cooking and table utensils, provisions,
rifles and shot-guns and ammimiticm for the same, and 1,079 fur-seal skins, and all
other property found upon or appurtenant to said schooner.
That M. A. Ilealy was then and there duly commissioned and authorized by the
proper Department of the United States to make said seizure ; that all said property
wai then and th(!re seized as forfeited to the United States for the following causes :
That the said vessel and her captain, officers, and crew were then and there found
engaged in killing fur-seals within the limits of Alaska Temtory, and in the said
waters thereof, in violation of Section 1950 of the Revised Statutes of the United
States.
That all the said property, after being seized as aforesaid, was brought into the
port of Sitka, in said district, and turned over to the United States' M-^slial ot
tills district, with t\u\ exception of cue said 1,()79 fur-seal skins, which latU-r were
brought into the port of Ounalaska, in said Territory, and delivered into the
keeping of J. B. Johnston, a special agent of the United States' Marshal, subject to
Jiiitcd Stall's of
%
the order of the Court, and all of said property is now within the Judicial District of
Alaska, United States of America.
And said M. D. Ball, Attorney as aforesaid, further informs and alleges —
That on the 2nd day of Septemhcr, a.d. 1887, and at divers otlier times during the
month of August 1887, J. L. Carthcut and certain other persons, whose names are to
the said United States' Attorney unknown, who were then and there engaged on hoard
of said schooner •' Sylvia Handy " as seamen and seal-hunters, did, under the direction
and by the authority of Jas. L. Carthcut, then and there master of said schooner,
engage in the killing, and did kill, in the Territory and District of Alaska, and in the
waters thereof, forty-two fur-seals, in violation of Section 1956 of the llevised Statutes
of the United States in such cases made and provided.
That the said 1,679 fur-seal skins and other goods so seized on hoard the schooner
" Sylvia Handy " constituted the cargo of said schooner at the time of the killing of
said fur-seals and at the time of said seizure.
Ard said Attorney saith that all and singular the premises were and are true and
ivithin the Admiralty and maritime jurisdiction of the United States and of this
honourahle Court, and that hy reason thereof and hy force of the Statutes in such cases
made and provided the aforementioned schooner, being a vessel of burden, and her
said apparel, tackle, boats, cargo, and furniture, became and are forfeited to the use of
the said United States.
Wherefore the said Attorney prays that the usual process and monition of this
honourable Court issue in the behalf against said schooner and all said hereinbefore-
described property, to enforce the forfeiture thereof, and requiring notice to bo given
to all persons to appear and show cause on the return day of said process why said
forfeiture should not bo d«!creed, and that after duo proceedings are had all said
property to be adjudged, decreed, and condemned as forfeited to the use of the United
States, and for such other relief as may bo proper in the premises.
(Signed) M. D. BALL, United States' Dintrict Attorney
for the District of Alaska.
(By A. K. Delaney, Special Assistant Attorney
for the United States.)
Dated September 15, 1887.
Endorsed: H. No. 93. 1. United States' District Court, District of Alaska.
The United States against the schooner " Sylvia Handy." Libel of information.
Filed the 16th September, 1887. H. E. Haydon, Clerk, by A. A. Meyer, Deputy
Clerk.
In the United States' District Court for the District of Alaska.
United States v. Schooner " Sylvia Handy."
No. m.— Claim.
Comes now James L. Carthcut, one of the owners and master of the above-named
scliooncr, mtervcning for his own interest and in behalf of those owning with him in
the said schooner " Sylvia Handy," and appears before this honourable Court and
makes claim to the said schooner, her tackle, apparel, furniture, and cargo, as the same
are now attached by the United States' Marshal for the District of Alaska, at the
instance of the Revenue Department of the United States, and the said James L.
Carthcut avers that he is part owner and master of said vessel, and was in possession
of said Nessel at the time of the seizure thereof, and that ho in conjunction with
L. N. Handy and Joseph Handy and William Thomas are the sole, only, and bond fide
liwners of said schooner ; that no other person or persons own any interest therein.
Wherefore he prays this honourable Court to be allowed to defend accordingly.
(Signed) ' J. L. CARTHCUT.
Sworn to and subscribed this 15th day of September, a.d. 1887.
Before me,
(Signed) H. E. Haydon, Clerk,
United States' District Court.
(By A. A. Meyer, Deputy Clerk.)
(Seal.)
(Signed)
W. Clauk, Proctor for Claimant.
; I
%
t
:\'
H!
Jt.
1
22
Endorsed : H. No. 93. 2. United States i;. schooner " Sylvia Handy." Claim
Piletl the lOtli Scptemhcr, 1887. II. E. llaydon, Clerk, by A. A. Meyer, Deputy
Clerk. W. Clark, proctor for claimant.
In the United States' District Court for the District of Alaska.
Un'ted Stalen v. Schooner " Syhia Handy."
No. 93. — Dfrnurirr,
At this time comes W. Clark, Esq., proctor for the claimant of the proportr
proeeetled against in the ahovo cansc, and demurs to tho libel of information fiH
herein. The said claimant, by iirotestation, not confessim? all or any of thi> inattm
in the said information contained to be true, demurs tborelo and says that the m\
matters in manner and form as the same are in said infnrmntion stated and sot Ibnli
arc not snlficient in la^- for the United )*t;ites to maintain their said action for
the foi'feiture of the property aforesaid, and that the said claimant is not bound by Inw
to answer the same; Avherefore the said claimant prny:3 that the said inforniiition 1>;
dismissed, with costs.
(Signed) W. CLAllK, Proctor for Owners'.
Endorsed: H. No. 93. 3. United States r. schooner '• Svlvia Handy." Demurrer.
iPilod tlie 19th September, 1887. II. E. llaydon, Clerk, by A. A. Meyer, Deputy Clerl
W. Clark, pi-octor for chiimants.
In the United States' District Court for the District of Alaska.
United States v. Schooner " Sylvia Handy,"
No. 93. — Anmver of James L. Carthcul, ^faster and Part Owner.
And now comes James L. Cartheut,. claimant as aforesaid, and for answer to tiic
libel of information filed herein says : —
1. He admits that M. A. Ilealy was an ofllccr of the United States' Revcnuo
Marine Ser^-ice, duly commissioned, and that ho was at tlic time the property proceeded
against herein M-as seized in command of the United States' rev(Miue-cutter " Bear," iind
on official duty at the time the said seizure was inadc, and was then and there dul)
commissiojied and authorized by the proper Department of the United States to make
said seizure, but denies that said seizure was niadt; within the waters of Alash
Territory or within the Civil and Judicial District of Alaska, or in any portion of
Behring's Sea belonging to the United States, or upon any otiicr watei"s bclougini; to
libellants navigable from the sea by vessels of 10 tons or over.
2. Denies that said vessel, her captain. ollUers, a".d crew, Avero tiien and thv
found engaged in killing fur-seals within tli(> limits of Alaska Territory, or in the watc^
thoreof, or that thev were then and there violatinu' anv liaw of the United States.
8. Denies that on the 2nd day of September, a.d. 1N87, any other person or
poi-sons did then and there, under the direction and authority of the said James L.
Carthont or any otlun* person or at all, kill any fur-seal Avithin the District of Alaska, or
in the waters thereof.
4. Denies that the property proceeded against in this cause or any jjortiou thereof |
ever became forfeited to the United States. Wherefore the said claimant prays that
the libel of information tiled hei-ein may be dismissed, and for any other just and
equitable relief as to this Court may seem meet and proper.
(Signed) J. L. CARTilCLT,
Sworn to and subscribed this IGth day of September, a.d. 1887.
I3efore me,
(Signed) II. E. IIayjjox, Clerk,
United States' District Court.
(By A. A. Meyer, Deputy Clerk.)
(Seal.)
(Signed) W. Clark, Proctor for Claimant.
Endorsed ; II. No. 93. 4. United States v. schooner " Sylvia Handy." Answer.
FUed tlic 19th September, 1887. II. E. Haydon, Clerk, by A. A. Meyer, Deputy,
^, Clark, proctor for claimant.
Return.
Sitka, District of Alaska, sect. :
Be it remembered that, in obedience to the annexed monition, I have attached
the within-described property and now hold tho same in my possession, subject
to the order oi this honoumble Court ; and the owners and claimants of said property
havin"' in writing, filetl in Court this day, Avaived notice of publication and posting of
the libel and seizure, I therefore have notified all persons claiming said property
to be and appear before this District Court on the IDtli day of September, 1887, at
3 o'clock P.ii,, then and there to make their claims and allegations in that behalf.
(Signed) BARTON ATKINS, United States' Marshal,
District of Alaska.
Sitka, Alaska, September 19, 1867. t
otorfor Owners.
CAETHCLT,
United States' Pistrict Court for the District of Alaska.
District of Alaska, sect. :
Tiie President of the United States of America to the Marshal of tho District of
Alaska, greeting :
Whereas a libel of infovmatiou liath been filed in the District Court of the United
Mates for tlie District of Alaska on tlie luth day of September, in the year 1887, by
Honourable M. 1). Bail, United States' Attorney for tli(> district aforesaid, on behalf
of the United States of America, against the sehooner " Sylvia Handy," her tackle,
apparel, boats, ear^o, and l,(J7l) fur-seal skins, furnitiu'c, as forfeited to the use of the
I'uited States' for the reasons set forth in said libel of information, iiiul praying the
usual process and monition of said Court in that behalf to be made, and that all
liereons interested in said schooner " Sylvia Handy," her tackle, appui*"!, boats, cargo,
and said sealskins and furniture, etc., may be cited in general and special to answer
the premises, and, all proceedings being had, that the said schooner " Sylvia Handy,"
her tackle, apparel, boats, cargo, said seal-skins and furniture, may, for the causes in
the said libel of information mentioned, be condemned as forfeited to the use of the
United States.
You aro therefore hereby commanded to attach the said schooner " Sylvia Handy,"
her tackle, apjiarel, boats, cargo, and said sealskins and furniture, to detain tho same
in your custody until the further order of the Coiu't resp(?cting the same, and to give
notice to all persons claiming the same or knowing or having anything to say why
the same should not lie 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 lUtli day of iSeptember, 1887, at 3 o'clock in tho after-
noon of the same day, if the same shall be a day of jurisdiction, otherwise on tho 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 returns thereof, together with this writ.
Witness, the Honourable La Fayette Dawson, Judge of said Court, and the seal
thereof affixed at tlie city of Sitka, in the District of Alaska, this 15th day of
September, in the year of our Lord 1887, and of the independence of the United
States the 112th.
(Signed) H. E. HAYDON, Clerk, United States'
District Court,
(Seal.) (By A. A. Meyer. Deputy Clerk.)
Endorsed : II. 5. No. 93. In the United States' District Court for the District
of Alaska. The United States v. schooner " Sylvia Handy." Monition. Returned
and tiled the 19th September, 1887. H. E. Haydon, Clerk, by A. A. Meyer,
Deputy.
^ I
In tho United States' District Court for the District of Alaska.
United States v. Schooner " Sylvia Handy."
No. 93. — Waiver of Publicntion of Notice.
And now comes W. Clark, Esq., proctor for tho owners of the above-named
schooner, as appears by their claim filed herein, and on behalf of said owners, and
being authorized thereto, waives said owners' right to publication and posting of the
notice of the libel and seizure of the property being proceeded against in this
cause, and waives also time of hearing and announces himself ready to proceed to
trial.
(Signed) W. CLARK, Proctor for ClaimanlD.
Endoracd : H. 0. No. 93. United States v. schooner " Sylvia Handy." Waiver,
Filed the 19th September, 1887. H. E. Ilaydon, rJlerk, by A. A. Meyer, Deputy
Clerk. W. Clark, proctor for owners.
In the United States' District Court, District of Alaska.
In the Matter of the United States v. Schooner " Sylvia Handy." — No. 93.
At this time comes W. Clark, proctor for claimnnts, and moves tho Court for
leave to file a demurrer to the libol of information filed herein.
September 19, 1887.
Endorsed : 7. Demurrer.
In the United States' District Court, District of Alaska.
In the Matter of the United States v. Schooner " Sylvia Handy." — No. 93.
Now, at this time, come ihe parties above named, by their respective attorneys,
Mr. A. K. Delaney for plaintiff, and M. W. Clark for defendant ; and this cause
coming on to be heard upon tho demurrer of libel therein, and the Court being fully
advised in the premises, it is considered and ordered that the demurrer be, and the
same is hereby, overruled.
September 19, 1887.
Endorsed : 8. Overruling Demurrer.
In the United States' District Court, District of Aiaslrs.
In the Matter of the United States v. Schooner " Sylvia Handy."
No. 93. — Anstoer.
And now comes James L. Carthcut, by W. Clark, Esq,, master of the above-
named schooner, and moves the Court for leave to file an answer to the libel of
information herein.
It 18 considered and ordered by the Court that leave be granted.
September 19, 1887.
Endorsed : 9. Answer.
#
In the United States' District Court, District of Alaska.
In the Matter of the United Slates v. Schooner " Sylvia Handy."
No. 93.— Claim of Oumera.
Comes now W. Clark, proctor for claimants, and moves the Court for leave to
file claim of master for owners.
It is considered and ordered by the Court that leave be granted.
September 19, 1887.
Endorsed: 10. Claim.
In the District Court of the United States for the District of Alaska.
United States v. Schooner " Sylvia Handy."
No. 93. — Evidence for Prosecution,
By Mr. Delaney. — I am John C. Moore, Tliird Lieutenant of the revenue-cutter
" Bear," and I was such on the 2nd September last. I was present at the seizure
of the schooner " Sylvia Handy " on the 2nd. We were in latitude 54° 12' north and
longitude 166° 50', 17 miles from Cape Cheerful. Captain Healy is Commander of the
"Bear,'' R.M.S., U.S. I was boanUng officer, sent by Captain Healy, in company
with Alexander Wilson ; boarded the vessel, and found she had forty-two seals on
deck, unskinned. I reported the fact to Captain Healy, who ordered me to seize the
vessel. I returned and told the captain that I had orders to seize the vessel. He
said be would submit, but on protest. James Carthcut was in command of the vessel.
Captain did not state how long he had been in Behring's Sea, but said he thought he
had a perfect right to sealing in the sea if he was 3 miles from shore.
This was in waters from the sea navigable by vessels of 10 or more tons burdon.
The schooner was taken to Ounalaska; the skins taken out and stored ii. the
Government warehouse.
By Court. — There were 1,637 skins below, and 42 on deck.
Cross-examined by Mr. Clark.
The only authority you had for making this seizui-e were Captain Healy's orders ?
-Yes, Sir.
By whose order did you deliver those skins to Ounalaska ? — Under Captain Healy's
orders.
Who did you deliver them to ? — I did not deliver them myself, but have a receipt
for them.
Who did ?— The Captain.
Were you in command of the vessel ? — Yes, Sir.
He ordered you to deliver the skins in Oimalaska ? — Yes, Sir.
You say you were ordered to deliver the skins in Ounalaska? — Yes, Sir; I
delivered them to Captain Healy in Ounalaska.
You stated those skins were placed in the Government coal-house ? — Yes, Sir ; in
charge of the United States' Marshal.
What was his name ? — Isaac Anderson.
Have you a receipt for the skins ? — Yes, Sir ; I have not got it here, but I can
ijetit.
Counsel here produces papers for identification. Witness identifies them-
Redirect :
Mr. Delaney. — Counsel states that witness may correct any statement which he
may have made during counsel's absence for a few minutes.
Witness states Jobnrion is Commissioner in Ounalaska, and the skins were delivered
to the Commissioner, th'3 United States Marshal b«ing absent at the time.
[96] E
'11
mi
I-
:iv. '
V'il
26
The papers produced by coimsfil arc as follows, to wit : —
Register, No. 61 ; numoml 116,085, issued nt Customs Office, San Francison
12th January, 1887; tonnage, ()7"70 net; "Sylvia Handy" certificate; crew list
certified 12th July, 1887, San Francisco; clearance from Customs Office, ^■ictoria
British Columbia, !)tli ^lay, 1SS7; bound i'or North Pacific Ocean and lichiiii<;'s sja
(bill of health accompanying) ; also certificate of United States' Consul of the dciiosit
of his clearance and other papers with tlie Consul at Victoria, Uritis'i Columbia.
Endorsed: C. IT. 11. No. 03. United States v. schooner "Sylvia Handy''
Evidence. Filed 22nd September, 1887. H. E. Ilaydon, Clerk, by A. A. Mover
Deputy Clerk. ■ * ' '
In the United States' District Court, District of Alaska.
In the Mnlter of the United States v. Schooner "Sylvia Hnmhj."
No. 93. — Findings and Conctusions of Law,
This cause having been tried and submitted, the Court, from the evidence', finds
the following facts and conclusions of law : —
1. That on the 2nd day of September, 1.SR7, and theretofore, the master and ere iv
of the defendant's vessel M'ere engaged in killing, and did kill, fur-seals in that
portion of IJchring's Sea ceded by Hussia to the United States by tlu^ Treaty of March
1867, and within the waters of Alaska, in violation of Section IQiM of the Eevisnl
Statutes of the United States, and that the promiscuous shooting ot fur-bcaviuff
animals in the waters adjacent to the Islands of St. Paul and St. George, and in tiiat
portion of Behring's Sea east of th(> lO.'Jrd degree of west longitude, has a tendency to
frighten and prevent said animals from going upon those islands, as they have liocn
accustomed to do in tlio past.
3. That on the said 2nd day of September, 1887, said vessel, her furniture, apparel,
tackle, cargo, and 1,()7!> fur-seal skins were seized in said ^vaters by the eommamliii!.'
officer of the Tnited Statrs' revenue-cutter "Bear," then and there engaged iu the
revenue marine service of the I'nited States.
3. That said commanding oflicer was duly commissioned by the Presidei\t of
the U nited States, and made such scnzure under the direction and by the authority of
the Treasury Department of the United States.
4. That said pro])erty so sei/.i'd was delixcnnl by said commanding officer of said
cutter to the United States' ^larslial of the District of Alaska, and is now within
the jurii^dietion of this Court.
As conclusions of law the Court llnds that the jdaintilV is entitled to a decree of
forfeiture against said vessel, her tackle, apparel, furniture, cargo, and the said
1,079 fur-seal skins
(Signed) LA FAYETTE DAWSON,
Dated September 22, 1887. District Judije.
Endorsed. C. IT. 12. No. 1)3. In the United States' District Court, District
of Alaska. United States c. schooner " Sylvia Handy." Findings and conehisions of
law. Filed the 22nd September, 1HS7. II. E. Ilaydon, Clerk.
In the United States' District Court, District of Alftska.
United States v. Schooner " Sylvia Handy," J. L, Carthcut, L, N, Handy, Jos. Hand\j,
and TTm. Thomas.
No, 93, — Decree.
The Marshal having returned on the monition issued to him in the above entitle<l
action that, in obedience thereto, he had attached the said schooner "Sylvia Handy,"
her tackle, apparel, boats, cargo, and furniture, and proctor for claimants, on behalf of
27
) cvidenpc, fimls
said owners, having waived said owners' right to publication and posting of the notico
of the lihel and seizure, and also time of hearing, and lias given due notico to all
persons claiming tlio same to ap^)ear before this Court on the 1{)tli day of September,
1887, at >i o'clock p.m., at the District of Alaska, United States of America, then and
there to interpose their claims and make their allegations in tliat behalf, and .].\i. Carth-
ciit, the captain of said vessel, having hereto tiled a claim to all of said propeity in his
and the behalf of L. N. Handy and .las. Handy, and \\'ni. Thomas, of San Francisco,
California, and no other persons having appeared, and no other claims or allegations
liaviug been made or filed by any other person or persons, and tlie usual proclamation
having l)een made, and said cause having beeii heard this day by consent of parties on
tJie pleadings and ])roofs, M. D. Ball, Esq., United States" District Attorney, by
A. K. Dclaney, Esq., counsel in that behalf, appearing as advocate for said libellant,
and W. Clark, Esq., as advocate for said claimants, and said cause having been
submitted to the Court for decision, and due deliberation being had in the premises,
and the Court having filed his findings of fact and conclusions of law herein, it is now
thereupon ordered, sentenced, and decreed as follows :— -
1. That all jiersons whosoever other than said claimants be, and they arc hereby,
decreed in contumacy and default.
2. That said schooner " Sylvia llaudy," her tneklo. appan;!, boats, and furniture,
and her cj'rgo of l,r>7'.) fur-seal skins, now in the custody of J. 1?. JohuRton, United
States' Commissioner, a special agent of the J)eputy Unilcil States' .Marshal ut
Ounahiska, subject to the order of t!ie Court, and all property found upon or
appurtenant to said schooner be, and the sam(> arv- hereby, (condemned as forfeited
to the use of the United States.
;$. That unless an appeal betaken against this Decree within the time limited and
inescribcd by law and tlie Rules of tlu; Court th(! usual writ of venditioni exponas bo
issued to the Jlarshal commanding him to sell all th(> said property and bring the
proeecds into this Court to be distributed according to law.
Costs to be taxed, and arc awarded against .said claimants.
(Signed) LA EAYl'l'lTE DAWSON,
Dixtrict Judtje,
I'udorsed: 1[. 13. \o. 93. United States r. schooner "Sylvia Handy."
Duerec. Tiled the 22nd Septejiioer, 18S7. 11. E. Ilaydon, Clc -k, by II. E. Ilaydou,
juu,, Deputy Clerk,
In the United Sates District Court for the District of Alaska.
United States v. American Schooner " Sylcia Handi/."
No. 03. — Motion in Arre.st,
At this time comes AV. Clark, proctor for claimants, and moves the Court to
aiTCst the decrecj of forfeiture in said cause for the following reasons, to wit :
1. That the libel of infcn'mation heroin docs not state facts sufficient in law to
I'lialde the United States to have and maintain this action for the forfeiture of the
property seized herein.
2. Tliat the evidence produced on part of the United States in this cause is not
sufficient upon which to have a decree of forfeiture.
3. That from the evidence produced on tlui part of the United States it appears
that this Court has no jurisdiction over the subject-matter of this cause.
1. That the Act of Congress under which the seizure herein was made is
unconstitutional and itllra vires, in that it purports to give the United States
jurisdiction over a portion of the high seas more than 3 marine leagues from its
shores, and purports to establish an international boundary-line in mid-ocean with no
dclinite termiiuil points and impossible to determine by abso.uto measiu'ement or
clearly rtntlne by marks.
Therefore claimants pray that said dccivie may be for ever rested and his cause
dismissed.
>• •' ' (Signed) W. GlAllK, Proclor for Claimatits. ■''
L95] E a
!
98
Endoivcd : II. 14. No. 93. United StatcB v. schooner "Sylvia Handy."
Motion in nmsst. Filed the Srd Octoher, 1887. H. E. Haydon, Clerk,) by
A. A. Meyer, Deputy Clerk. W. Clark, proctor for claimants.
In the United States District Court for the District of Alaska.
United States V. Americun Schooner " Sylvia Handy."
No. 93. — Petition for Leave to appeal.
And now comes W. Clark, proctor for claimants, and prays the Court for leave
to appeal this cause to the Supreme Court of the United States or such other Court
as may have appellate jurisdiction over the suhjcct-matter of this cause.
(Signed) W. CLARK, Proctor for ClaimanU.
Endorsed : H. No. 93. 15. United States i-. schooner " Sylvia Handy."
Petition for leave to appeal. Filed the 9th December, 1887. H. E. Haydou, Clerk,
W. Clark, proctor for claimants.
United States District Court, District of Alaska.
In the Matter of the United States v. Schooner " Sylvia Handy."—So. 93.
Petition iiled by W. Clark, Esq., proctor for claimants, for leave to appeal.
' f the Cour
(Signed)
It is considered and ordered by the Court that leave be granted.
LA FAYETTE DAWSON,
December 9, 1887.
Endorsed : Petition to appeal. 16.
District Judge.
In the United States' District Court Kr the District of Alaska
United States v. Schooner " Sylvia Handy."
No. 93. — Motion for Stay of Proceedings.
And now comes W. Clark, jroctor for claimants, and moves the Court to grant a
stay of proceedings herein for three months from this date to enable claimants to bond
the property seized herein if they desire to do so.
Dated at Sitka this 3rd day of October, a.d. 1887.
(Signed) W. CLARK, Proctor for Claimants.
Endorsed : II. No. 93. 17. United States v. schooner " Sylvia Handy." ilotion
for stay of proceedings. Motion filed and overruled by Court the 9th December, 1887.
H. E. Haydon, Clerk. W. Clark, proctor for claimants.
In the United States' District Court, District of Alaska.
United States v. Schooner " Sylvia Handy," and L, N. Handy, J. Handy, J. L. Carihcut,
and W. Thomas.
No. 93. — Affidavit on Appeal.
United States, District of Alaska, ss. :
Personally appeared before me the Undesigned, Clerk of the District Court in
antl tor tlie District of Alaska, William S. Morrisey, who, upon being first duly sworn,
upon his oath says he is the duly authorized agent for clairiants in the above-entitled
cause ; that said claimants purpose npponling snid cause to the Supreme Court of the
United States.
That they purpose prosecuting said api)eal with due diligence and without
unnecessary delay ; that they arc appealing said cause for the reason that they feel
themselves aggrieved and injured by the decree of the District Court rendered herein
on the 22nd day of September, a.d. 1887, iit a special term of said Court.
Tlint said appeal is not taken for vexatious delay or to binder or delay the United
States in obtaining the proceeds of tlie said deci-ec of forfeiture rendered herein, but
that the law and the facts may be reviewed by the said Superior Court, and that this
appeal is made by affiant for and in behalf of said claimants.
(Signed) W. S. MORRISEY.
Subscribed to and sworn before me this 13th day of February, 1888.
(Signed) II. E. 11a v don, Clerk,
Untied Slates' District Court.
(Seal.)
Endorsed : II. Xo. 93. 18. Unit<d States v. schooner " Sylvia Handy." Affidavit
on appeal. Filed the 13th February, 1888. H. E. Haydon, Clerk.
i
ii
In the United States' District Coiurt, District of Alaska.
The United States v. the Schooner
J. Handi/, James L. Carthcut,
Attorney'in-Fact.
" Sylvia Handy," her Cargo, and L. N. Handy,
William Thomas, and W. S. Morrisey, Agent and
■or Claimants.
Ko. 93. — Amended Petition for Leave to appeal.
At this time comes Jkl. P. Beny, proctor, intervening for and in behalf of the
owners of the above-named vessel and cartjo, through and by authority of W. S. Morrisey,
Esq., the duly authorized agent of the said owners, and prays the honourable Court, by
virtue of the powei-s vested under section 3 of the Organic Act creating the District of
Alaska, passed by Congress of the United States, an 1 approved by the President the
17th May, 188i, that leave be granted to amend the appeal heretofore allowed by this
Court (at a special term holden the 9th December, 1887) [ ? ] be granted, said owners
and ai,'ent, defendants, to appeal and carry forward their cause direct to the Supreme
Court, of the United States of America.
That the above-named vessel and car;,'o, being of the appraised value of
12,073 dol. 25 c., to wit, that the schooner "Sylvia Handy " fnd cargo, was appraised
by duly appointed and sworn appraisers of this Court in th j sum of 4,350 dollars, and
tliat tlie cargo, consisting of 1,679 fur-seal skins [ ? ] in the sum of 8,3?3 dol. 25 c.,
making a total of 12,073 dol. 25 c.
The same being a sufficient sum to carry an appeal to the said Supremo Court of
the United States for review.
(Signed) M. P. BEERY,
Proctor for W. S. Morrisey, Agent for Owners.
Endorsed : If. Xo. 93. 19. In the United States' District Court, District of
Alaska. United States v. schooner " Svlvia Handv." Amended petition for leave to
appeal. Filed the 13th February, 1888. H. E. Haydon, Clerk. M. P. Berry,
proctor.
In the United States' District Court in and for the District of Alaska.
The United States, Plaintiff, v. the Schooner " Sylvia Handy " and Cargo, Owners,
and Agent, Defendant.
No. 9S.— Motion for New Trial.
At this time comes M. P. Berry, proctor, appearing for William S. Morrisey, duly
autliorized agent for the above-named dt'fcndants, and prays this honourable Court
that defendants be allowed a rehearing in their cause.
I
:ll!
Tlmt a (lay cortain ha unincd by tho Court for a now trinl.
Tliat lliis motion is based upon tho i^roiiiid tliat (lie ('onu^rt'ss of the Uuitod
States, h'j tbo ])nssage of certain li!iv\s wliereby \v(^ were; snbj(>ct to arrest Jiiid ton.
Iiscation, did not only \vr0n5,' us in our persons and {joods, but that body did oxt'cd
tlieir jurisdiction.
(Signed) :M. W IW.UllX,
Proctor for M'. N. }f()rrisrii, A<jnil far Owners.
Endorsed: II. Xo. 03. 20. Tu tbe I'uited States' District Court in luid for tliu
District, of Alaska. I'nited States r.sebooniT" Svlvia Ilandv." .Motion for now trjnl
Filed the 1 Itli February, 18HS. 11. |]. llaydon, Clerk. Al.'l'. iJcrry, Proctor.
In tlic United States' District Court in and for tlic District of Alaska.
The United Stales \. Scliooner " Si/lvia Ilunily."
No. 03, — Motion for Staj/ of Proceedlitijx.
Coin(>s now ^r. V. Berry, Proctor, and moves tbo Court for stay of )iroc('edini;s in
the above-entitled cause i)cndint; appeal heretofore allowed to bo taken by tills
honourable Court.
(Signed) .M. P. BERRY,
Proctor for Defcndant>>' Aijent.
Endorsed : H. No. 0.3. 21. In the United States' District Court in and for the
District of Alaska. United States v. schooner " Sylvia Handy." Motion for stay of
proceedings. Piled the 11th February, l.S«y. 11. E. Haydon, Clerk. M. P. Uerry,
Proctor.
In the United States' District Court in and for the District of Alaska.
United Stales v. Schooner " Si/lvia Ilandji." — No, 93,
It is considered and ordered by the Court that the motion for a new trial and a
stay of jiroceedings heretolbre filed in this case be overruled.
Dated February 21, 1888,
Endorsed: 22,
In the United States' District Court in and lor the District of Alaska,
The United States v. Schooner " Sylvia Handy " and Cargo, &)C. ; and L. N, Handy,
J, Handy, J. L. Carthcut, and William Thomas.
No, 93. — Verification of Claim.
Personally appeared before me in open Court, Wm. S. Morriscy, of Sitka, in the
District of Alaska, and solemidy swears that ho is the lawful bailee for the ownei'sof
the above-named schooner " Sylvia Handy " and cargo.
That he is duly authorized by said owners of the above-named vessel and carijo to
enter into and file stipulati<nis, with sureties, for the payment of all costs and ex[)en.scs
which shall be awarded against them by the decree of this Court, or upon an aj)peal
by the Appellate Court.
(Signed) W. S. MORRISEY,
Done in open Court, this 19th day of February, 1888,
(Signed) II, E, llAyDON, Clerk.
(Seal.)
Endorsed : No. 93. 23. United States v. schooner " Sylvia Ilandy," Verifica-
tion of claim. Piled the 20th February, 1888. U. E. Haydou, Clerk.
G\Y trial aud a
Tn (lio TTnitod Stnfos' "nistrict Court In nnd for the District of Alaskn.
I'nilfd 8!ntf-i v. Schooner " Si/lrltt lliimhj " md Cnrrfo, and L. N. Hinidij, Jamrs Carthrut,
J, N, Haiidii, ami William Thomas, Oa-nern.
No. 0^.— Appeal to the ISapreme Court of the United States. In Admiralty.
To tlio lionournhle Supremo Court of tho UnitiMl States of Ainorica.
Tiic appnnl nl' the nliovn-nnmi'd appcllnntH rospootivoly sliowotli tliat, on or about
the lotli (lay of Scptcmlicr, in the year 1SH7, tiu; abovo-naiued lihoUauts, tlu> United
States of Amerira, exliil)it('(l tlu-ir lilxd in tlic District Court of tlic I'nitcd States for
the District of Alaska against tlic a))pollants for tlw; reasons set forth in said lihol, that
tlitsp np))cllants mifjjht be condemned to pay tbo demands of said libellants and costs
in said libel mentione:).
Tliat process issued ont of said Court haviuir been served on these appellants,
tlipy (lid, on or about tlie littli day of SeptenibcM-, in the \mr 1H87, tile their answer
to said libel in the said District Court, prayini? tiiat tho said libel be dismissed with
tiieir costs in that behalf, as by reference to tbo said libel and tho said answer may
more fully appear.
Tliat the said cause came on to lie heard befon* the ilononrable Ln Fayette
Dawson, .lud;;e of the said District ('ourt, on or about the 2l'nd day of September,
in t lie year 1HH7, upon the testimony and proofs adduced by the rcapectivo parties;
and the said .Tudi,'e. having advised tliereou, did, on the 2'Jnd day of September, in tlio
vcar 18S7, make his decree in said cause, wliereby it was, among other things,
(Iccroed tliat tho libellants in said cause recover aLfainst tli(>s(> appellants a decree of
lortViture against said vessel, her tackle, apparel, I'liniitiire, cargo, and 1,079 fur-seal
skins, as by reference to the said decree may more I'ully ri])])ear; and these appellants
!iro advised and insist that tlie said decree is erroneous, inasmuch as the honourable
Coiivt, at such sitting, did not declare the law or constitution by which such seizure
and forfeiture of properly was made.
AVherei'ore these appellants ajijieal from the Avliole of said decree of said District
Court of the United States, and respect rully pray that tlie decree of the said District
Court and tlic bill, answer, pleadings, evidcjiicc, and proceedings in tho said cause may
lie sent to the Sujireine Court of the United Stutes without delay, and that the saill
Supreme Court will proceed to hear the said dansea new, and that the said decree of
tlic District Court and every part thercol' may be reversed and a decree made dis.
missing said libel Avith costs, or such other decree as to th(> said Supreme Court shall
si'cm just.
(Signed) :M. P. BERRY,
Dated March 20, 1888. Solicitor for Appellants.
Endorsed: Copy. IT. No.!)!]. 2t. Tn the United States' District Court in and
for tlie District of Alaska. Ignited States «. Schooner ylvia Ifandy." Appeal to
the Supreme Court of tho United States. In Admiralty. Eilcd the 2;Jrd UsxvcU. 1888.
n, E. Ilaydou, Clerk. M. P. Berry, solicitor for appellants.
In the United States District Court in and for the District of Alaska.
United States v. Schooner " Sylvia Handy " and Cargo,
No. 93. — Court in Error, Brief of Proctor.
(Submitted without argument.)
Par. I. That the assumption of ownership by Russia of that portion of the Pacific
Ocean generally known as the Tiehring's SeaAvas a fallacy, and the transfer of the same
to the United States of America Avas a fraudulent exercise of sucii ownership and
supremacy, which did not exist at tho <'ortain time of the sale and transfer of Alaska
and the Aleutian Islands to the said United States of America.
•f!
i
I'nr. II. That Russia had no cnntrol over such sen or wr.tors from thoye(\rlV25
until the (ilaim of ownership when ucp^otiating for the mi1i> of the mninlnnd of tho
Continent of Nortli America nnd known nud recognized as iV^OHka, and tho (!hain of
islands hearing the name of Aleutian, with other ishinda of the same group and cuittiu
islands within the ltehrin<;'s Nea nnd tlio strait op«>ning and leading into tiio .>()rt||
Arctic Ocean — IHtMJ and 18(17; that the destruction of many American ships In tin.
said Behring's Sea and waters ndjacent thereto l)y an unrecogniztnl war-vessel as lute as
IHOl and 1805 met with no protest from the Kiissiau authorities nt that tinuMvitliiu
those seas (viz., the Knmschatka or Behring's Seas), properly tho North Pacilic Ocean,
is indisputahle j)ro«)f tiiat such seiw were not considered neutral waters hy the Uussiail
Government.
Par. III. That the Congress of the United States exceeded its Constitutional iwwii-
by the passage of Laws to control watera of seas upon hyi)othotical linos drawn from
land's end, off soundings, through open ocean, and ending on a parallel of latitude
70 marine leagues from land ; that Iaws to control the waters beyond tho 1 marine
league or 3 mUes frwn the sliore-lino of each and every island, open reef of rocks, (ir
mainland is abortive.
Par. IV. That the enactment of Laws by tho Li'gislativo Power of the United States
that destroys a legitimate occupation, one of the industries of the people, is a tyrannical
exorcise of such power vested in that body by such ixjoples, and is unconstitutional.
Par. V. That tho Honourable tho District Judge, by the authority of the "Or^anie
Act providing a Civil Government for Alaska," passed and approved the 17tli Mav,
1884, being expressly clothed with tho exclusive jurisdiction to pronounce upon the
constitutionality of tho Law by such Organic Act, is in error by sustaining tho constitu.
tionality of the law whereby the United States, as plaintiff, became entitled to a
decree of forfeiture against these defendants, appellants, and their property.
(Signed) M. P. BERRY,
Proctor for W. S. Morrisey, Agent for Owner.
Endorsed: C.H. 25. No. 93. In tho United States' District Court, District of
Alaska. United St^ites v. schooner " Sylvin Handy." Brief of proctor. Filed the 2:W
March, 1888. H. E. Haydon, Clerk. M. P. Ben-y, Proctor.
In the United States' District Court for tho District of Alaska.
United Stales v. Schooner " Sylvia Handy" and L. N. Handy, J. N. Handy,
J. L. Cnrthcut, and W. Thomas.
No. 93. — Order granting Appeal.
Upon hearing and filing petition of M. P. Berry, proctor, intervening for and In
behalf of the owners of the above-named vessel and cargo through and by authority of
W. S. Morrisey, Esq., the duly authorized agent of the said owners, jjraying for an
order allowing them to appeal this cause to the Supreme Court of the Unitf^l States,
and upon hearing and filing the aflTulavit of W. S. Morrisey, the duly authorized agent
for claimants in the above-entitled cause, and no objection being raised on the part of
the United States, and sufficient security having been given by said claimants that
they will prosecute said appeal to effect, and upon being fully advised in the premises,
it is ordered that said petition be granted and said claimants allowed to apjieal tliis
cause.
Done at Sitka, Alaska, this 23rd dav of March, 1888.
(Sign'ed) LA FAYETTE DAWSON,
District Judge.
Endorsed : C. H. 26. No. 93. In the United States* District Court, District of
Alaska. United States v. schooner " Sylvia Handv." Order granting appeal. Filed
the 23rd March, 1888. 11. E. Haydon, Clerk.
In the United Rtatcn' Circuit Court in ami for tlic District of Alaska.
United SUiteti v. Schooner " St/lvia IJandi/."
No, 93.— fons^n/ thai Vesnel be (I'lHcharged on Sfipulnlion.
Tlic solioonor " Sylvia ITnndy," hor small boats, tackle, apparel, arms, ammunition,
fiirnituic, and cargo, consistinff of 1,070 fur-seal skins, liaviii<!; been arrested on tho
nmci'ss issued in this cause, wo consent tliat on filinff the usual stipulation entered
into according to the Rules of the Court to appea , abide, and perform the decree in
tlip sum of 12,073 dol. 25 c, and on filing a claim and on complying with the Rules of
tlir Court as to tho fees of tho officers of Court tho said sehooner he discharged from
fibtodv and arrest.
(Signed) WHIT. M. GRANT,
Dated March 23, 1888. Proctor for Libellttnt.
Endorsed : 27. No. 03. In tho United States' District Court, District of Alaska.
United States v. schooner " Sylvia Handy." Consent that vessel and cargo be dis-
(liarRcd on stipulation. Filed the 23rd March, 1888. II. E. Ilaydon, Clerk.
JI. P. Berry, proctor for o\vnor8.
In tho United States' District Court in and for the District of Alaska.
The United Slates v. Schooner " Sylvia Handy " and Caryo.
No. 93. — Bill of Exceptions.
B(! it remembered that on the trial of '. is cause, tho same being the 22nd day of
Sflitember, 1887, in the District Court of tho United States for the District of Alaska,
linldon at Sitka, in tho aforesaid district, and at the November term thereof, tho
Government, to sustain the issue on its part, offered tho following evidence to tho
Court, viz. : —
I am John C. Moore, Third Lieutenant of the revenue-cutter " Bear," and I was
such on the 2nd September last. I was present at the seizure of the schooner
"Sylvia Handy" on tho 2nd. We were in latitude 54° 12' north, and longitude
lG(i° 51', 17 miles from Cape Cheerful. Captain Healy is Commander of the " Bear,"
R.Jf.S., U.S.N. I was boarding officer, sent by Captain Healy in company with
Alex. Wilson ; boarded tho vessel and found she had forty-two seals on deck unskinned.
I reported tho fact to Captain Healy, who ordered me to seize the vessel. I returned and
told the captain that I had orders to seize tho vessel. Ho said ho would submit, but
on protest. James Carthcut was in command of the vessel ; captain did not state
how long he bad been in Bohring's Sea, but said he thought he had a perfect right to
sealinf^ in the sea if he was 3 miles from shore.
This was in waters from tho sea navigable by vessels of 10 or more tons burden.
Tho schooner was taken to Ounalaska, tho skins taken out and stored in the
Government warehouse.
By Court. — There wore 1,637 skins below and 42 on deck.
Cross-examined by Mr. Clark.
The only authority you had for making the Seizure were Captain Healy's orders ?
-Yes, Sir.
By whose orders did you deliver those skins to Ounalaska? — Under Captain
Healy's orders.
Who did you deliver them to ?— I did not deliver them myself, but have a receipt
for them.
Who did ? — '^ o Captain.
Were you in ( mmand of the vessel ? — Yes, Sir.
He ordered y ,a to deliver the skins in Ounalaska ? — Yes, Sir.
You say you were ordered to deliver the skins in Ounalaska? — Yes, Sir; I
delivered them to Captain Healy, in Ounalaska.
[95] F
^1
h: ''
1
f 1
11
m u
M-
Si
You stated those skins were placed in the Government waxoliQuso?— Yes, Sir; in
charge of the United States' Marshal.
What was his name ? — Isaac Anderson.
Have you a receipt for the skins ? — Yes, Sir. I have not got it here, bvit I can
get it.
Counsel here produces papers for identification. Witness identifies them.
Redirect by Mr. Delaneif,
Counsel states that witness may correct any statement which ho may have mado
during counsel's absence lor a few minutes.
Witness states Johnson is Commissioner in Ounalaak9> and the skins were
delivered to the Commissioner, the United States" Marshal heing absent at tli«
time.
In the trial of the scaler cases Captain Shcppard, commander of the revenue-
cutter *' Rush," ontfaged in cruizing in the IJohring'a Sea, testified that shooting and
the method of taking seals pursued by said seized vessels tended to drive thciu from
their usual haunts and breeding and raising grounds in Behring's Sea, which evidence
was used and considered in the trial and decision of this cause.
To which the defendants then and there objected, the objection heing ovei-nded
and the evidence admilted. The defendants there and then e^^oeptod tq th« ruling of
the Court, and the law, as declared by the Court, viz. : —
This cause having been tried and submitted, the Court, from the evidonee,
finds the following facts and conclusions of law :
" 1. Tliat on the 2nd day of September, 1887, and theretofore, the master and
crew of the defendants' vessel were engaged in killing, and did kill, fur-seals in tliat
portion of IJehring's Sea cedoi^ by llui-sia to the United States by the Treaty of ^larcli
1867, and within the waters of Alaska, in violation of section 1950 of the Kovisod
Statutes of the United States, and that the promiscuous shooting of fur-boarin;,'
animals in the waters adjacent to tlic Islands of St. Paul and St. George, and in that
portion of Behring's Sea east of the lOJh'd degree of west longitude, has a tendency to
frighten and prevent said animals from going upon those islands, as they have been
accustomed to do in tiie past.
"2. That on the said 2nd day of September, 1S87, said ves.sel, her furnitui-o,
apparel, tackle, cargo, and 1,()79 fur-seal skins were seized in said waters by the
commanding officer of the United Stat(>s' reveiuio cutter ' Bear,' then and tlicic
engaged in the Bevcnue ilarino S(>rvico of tlie United States.
" 3. That said commanding officer was duly commissioned by the President of
the United States, and made sucli seizure under tho direction and by the autUoriiv of
the Treasury Department of the United States.
" '4. That said ])roperty so seized was delivered by said commanding officor of
.said cutter to tb(> United States' Maislial of tiie District of Alaska, and is now Avithiii
the jurisdiction of Ibis Court."
As conclusions of law, the Court finds that the plaintiff is entitled to a decree of
forfeiture against said vessel, her tackle, apparel, furniture, cargo, and the eaid l,fi7i)
fur-seal skins.
(Signed) LA TAYETTE DAWSON,
District Jmhjf.
Endorsed : 28. No. J)3. In the United States' Dietriot Court in and for tlu-
District of Alaska. United States v. schooner " Sylvia Handv." Bill of E.KCcptious,
Tiled 23rd March, 1888. II. E. Ilaydon, Clerk.
In the United States' District Court, District of Alaska.
' Vniled States v. Schooner " Sylvia Handy." '•
No. 03. — StipuhiHon.
It is lierehy stipulated by and botweeu W- M- Grant, United States' District
Attorney, acting for and on l)elialf of the United States j and M. J'- Berry, proctor for
\f, S. Morrisey,, duly {uvpoiuted and constituted agent for the owners, tbat tibc
rollowing sliallne omitted from the transcript liorcmilo f)n'^"xod, namely : —
Ail the exhibits referred to in the tcstiniony of J. ( '. ^Mooi,'.
(Signed) WIIIT. IE. GllANT, United Slalei Didtict
Attornei/,
M. r. BEEllY, Proctor for W. /s'. Morrhey,
Aijentfor Oicncrn.
Endorsed: 29. No. 93. In the United States' J)i.strict Court iu and for the
District of Alaska. United States y. schooner " Sylvia llaudy." Stipulation. Tiled
tlic 23rd March, 1888. II. E. Ilaydon, Clerk.
In the United States' District Court in and for the District of Alaska.
In the Matter of the United Stales v. Schooner " Sylvia Handy.'' — !So. 93.
Now comes M. P. 13cny, proetor for elaiiuant, and niovos the Court for leave
to file stipulation for the appraised value of t'le schooner " Sylvia Handy," her tackle,
njjparel, smaill boats, arms, ammunition, and cargo, consisting of 1,078 fui'-seal
Upon examination of the stijjulations it is ord(>rcd by the Court that the same be
approved, and whereupon the Court issued tli(> following order, to wit:
Tiie stipulation of the claimants herein with sufliei(!nt surety having been filed
and approved, it is ordered that the above-named vessel and all he; tackle, apparel,
ftiniitnre, arms, ammunition, and cargo, consisting of 1,07H fur-s.>al «-,kins, received in
this port by the United States' Marslial for the District oi' Alaska, be released, and that
tlio same be delivered to William S. Morriscy, Esq., Attorney-in-fact for the claimants
herein.
(Signed) LA PAYETTE DAWSON,
March 23, 1888. District Judfje.
End^'scd : 30. Journal entry.
I 'I
In the United States' District Court, District of Alaska.
In the Matter of the United States V. Schooner " Sylvia Handy."— Iso. 93.
Comes now M. 1'. Berry, proctor for claimants in the abovc-eu titled cause, and
])rays that the amended ])etition for leave to appeal and the affidavit on appeal horoto-
fore filed be considered by the Court.
March 23, 1888.
Endorsed : 31. Journal entry.
In the United States' District Court in and for the District of Alaska.
United States V. Schooner '■ Sylvia Handy."
No. 93. — Stipulation for Costs ijiven hy Claimants on Appeal
AViiercas a iilud was tiled in this Coiu't in tiio within cause on tlic 15th day of
^fptcuiber, A.i). lfSS7, by M.D. Dal), United States' Attorney for the District of Alaska,
a;.;;iii^l llie sclioonor " Sylvia Handy," her tackle, apparel, I'lU'iiiture, and cargo, for tiio
reasons and causes set i'ortli and mentioned in said libel of information, and praying
tliat tlie same may be condemned and sold ;
And whereas a decree of forfcitun; was, on the 22nd day of September, 1887,
rendei'ed against the said vessel, her tackle, apparel, furniture, and cargo, and against
L, N. Handy, J. L. Handy, James L. Cartlicut, of San Fi-ancisco, California, Intor-
[Uo] F 2
w\
ai6
vening as the sole and only claimants to said vessel, tacHc, apparel, furnituro, and
cargo;
And whereas tlie said L. N. Handy, J. L. Handy, and J. L. Carthcut, claimants
as aforesaid, are desirous of and purpose ajipealing from the said Decree of this
Honourable Court to the Supreme Court of the United States:
NoM', therefore, we, the undersigned stipulators, submitting ourselves to the juris.
diction of this Court, do acknowledge ourselves to be bound unto the United States of
America, the said L. N. Handy, J. L. Handy, and James L. Caithcut, as principals,
and W. S. Morriscy and David Wallace, iis sureties, jointly and severally, in tlie sum
of 300 dollars lawful money of the United States, conditioned that if the claimants
above named shall jiay all costs and expenses which shall be awarded against them
by the final decree of the Supreme Court of the United Stiitcs, then this stipulatiou to
be void ; otherwise to remain in full force and effect.
Witness our hands this 23rd day of March, 1888.
(Signed) W. J. MORRISEY.
DAVID WALLACE,
United States, District of iUaska, ss. :
Personally appeared before me, H. E. Haydon, Clerk of the United States' District
Court for the District of Alaska, W. S. Morrisey, and David Wallace, who, beini; duly
sworn, each for himself deposes and says that he is a resident and householder in said
district, and that be is worth the sum set forth in the foregoing stipulation above his
just debts and liabilities and property exempt from execution.
(Signed) W. S. MORRISEY.
DAVID WALLACE.
Sworn to and subscribed the 23rd day of March, 1888.
(Signed) II. E. Hayuon, Clerk,
United States' District Court,
(Seal United States' District
Court, Alaska.)
Endorsed: No. 9;^. 32. In the United States' District Court in and for tiic
District of Alaska. United States v. schooner " Sylvia Handy." Bond for costs on
appeal to the Supreme Court of the United States. Filed and approved the 23rd March,
18!?8. H. E. Haydon, Clerk.
In the United States' District Court in and for the District of Alaska.
I,, Henry E. Haydon, Clerk of the District Court of the United States in and for
the Dii'trict of Alaska, do hereby certify that the foregoing copies of i^leadiugs, pajjcrs,
and joui'nal entries in the cause of the United States v. the schooner " Sylvia lluiidy"
and L. N. Handy and Co. have been by me compared with the originals thereof as tlic
same p.ppear on file and of record in this Court, and that the same are full and true
transcripts of said original pleadings, papers, and joumal entries now in my custody
and control.
In testimony wh(>reof I have hereunto set my hand and aflixed the seal of tlio said
Court, at Sitka, in said district, this 2nd dav if April, 1888.
(Siguod) HENRY E. HAYDON, Clerk.
(Seal United States' District
Court, Alaska.)
Endorsed on cover : Alas'^a D. C. U. S. No. 083. The schooner " Sylvia Handy,"
her tackle, appaiel, &c. ; L. N. Handy, James Carthcut, J. N. Handy, and William
Thomas, owners, appellants, v. the United States. Eiled the lOth June, 1888.
No. 18.
ISir J. Pauncefole to the Muriinis of ISalisbuvy. — (Received December 27.)
My Lord, Waskimjlon, December 10, 1S90,
IN (he lust paragi'a|)h of your Lordship's despatch of the 22nd Octobtr I was
instructed to read that despatch to the Secretary of State, if he should revert to the sui)ject
87
seal of tlio said
of his note to me of the 19th July, but your Lordship added that you did not consider the
controversy which it raised of sufficient importance to require any communication on my
iiart unless Mr. Blaine should refer specially to it.
Although ho has not done so, I observed that the subject was adverted to in an
urticlc in the " New York Tribune," purporting to give some information as to the further
corrcsjionderoe on the Btliring's Sea (jueslion, which, as announced in the President's
Message, will shortly be presented to Congress.
In these circumstances, I thougiit it desirable to coniniunicale a copy of your Lordship's
despatch to the Secretary of State, in order that it might bo included ir. the further
correspondence about to be published, and I called on Mr. Blaine on the 1 1th instant
and placed a copy of the despatch in his hands, exjjlaining that I did so in consequence of
the article which had appeared in the " New York Tribune."
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 19.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received December 30.)
MvLord, Washington, December IP, 1890.
I HAVE the honour to transmit licrewith a printed copy of a note which I received
oil the 17th instant from the Secretary of State.
It contains the reply of tiie United State?' Government to your Lordship's despatch
of the 2nd August last, offering on behalf of Her Majesty's Government '. submit to
arbitration the question of the legality of the recent seizures of British sealing-vessels in
the Behring's Sea by United States' revenue cruizers.
The voluminous character of this note precludes any attempt to give even a brief
abstract of its contents within the limits of a despatch.
Its main feature, however, is tiiat while the United States' Government decline to
submit to arbitration the real question in controversy, namely, the legality of the seizures
of British vessels in the Behring's Sea outside of territorial waters, they express their
willingness to submit to arbitration certain historical and political (|uestions which, in my
hiinihle opinion, would raise false issues, however pertinent they may be a*-, supplying
miitcrials for argument in support of tiie Am'^rican contention. For, even if all those
(|uestions were decided in favour of the United States, it would not follow that the seizures
were justified, or that the claim of the United States to the control of any part of the
I'cliiing's Sea outside of territorial waters could be supported by international law.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 19.
Mr. Bluinc to Sir J. Paumefote.
Sir, Depnrlmenl of State, Wa.shimjlon, December M, 1890.
YOUR note of the 12th August, whicli I acknowledged on the 1st Septemher, inclosed
11 copy of a despatch from the Marquis of Salisbury, dated tiie 2nd August, in reply to my
note of the 30lh June.
The consideration advanced by his Lordship have received the careful attention of tlie
President, and I am instructed to insist upon the correctness and validity of the position
which lias been earnestly advocated by the Government of the United States in defence
'ji American rights in the Behring's Sea.
Legal and diplomatic questions, apparently complicated, nrc often found, after pro-
longed discussion, to depend on the settlement of a single point. Such, in tiie judgment
of tiie President, is the position in wliieh the United States and Great Britain find them-
selves in the pending controversy touching the true construction of the Russo- American and
Anglo- Russian Treaties of 1824 and 1825. Great Britain contends that the phrase " Pacific
Ocean." as used in the Treaties, was incendtd to incl ide, and docs include, the body of
water which is now known as the Behring's Sea. The United States contends that the
Behring's Sea was not mentioned, or even referred to, in either Treaty, and was in no sense
included in the phrase " Pacific Ocean." If Great Britain can maintain her position that the
Behring's Sea at the time of the Treaties with Russia of 1824 and 182"j was included in the
I'aeitic Ocean, the Government of the United States has no well-grounded complaint
lU'dinsl her. If, on the other hand, this (iovenmieiit can prove beyond ail doubt that the
Bchrinii's Sea, at the date of the Treaties, was understood by the three Signatory Powers to
>
If
J.
'i- •
.til
( \
83
be a separate body of water, and was not included in the plirase " Pacific Ocean," then the
American case against Great Britain is complete and undeniable.
The dispute prominently involves tiie meaning of the phrase " norlli-west coast," or
"north-west coast of America." Lord Salisbury assumes that the " north-west const''
has but one mcaniu!:, and tiiat it includes the whole coast stretching nnrthwarcl to the
Bchring's Straits. The contention of this Ciovcrnment i* that by long prescription tlie
"north-west coast" mer.ns the coast of the Pacific Ocean, south of the Alaskan Peninsula
or south of tiic 60tli parallel of north latitude; or, to dcHnc it still more accufately, tin
coast, from the northern border of tlic Spanish possessions, ceded to the United States in
1819, to the point where tlie Spanish claims met the claims of Russia, viz., from 42° to
60° north latitude. The Russian authorities for a long time assumed that 59' 30' was the
exact point of latitude, but subsequent adjustments fixed it at 60°. The phrase "noith.
west coast," or "north-west coast of America," has been well known and widely recognized
in popular usage in England and America from the date of the first trading to tliat cc.ist
abotrt 1784.* So absolute has been this prescription that tlie distinguished historian
Htibert Howe Bancroft has written an accurate history of the north-west coast, which at
ditfcreut times, during a period of seventy-fivo years, was the scene of important contests
between at least four Great Powers. To render the understanding explicit, Mr, Bancroft
has illustrated tlie nortli-west coast by a carefully prepared Map. The .Map will be found to
include precisely tiie area which has been steadily maintained by this Guvernmeiu in the
pending discussion. (For Map, see opposite pa^e.)
Tlie phrase " r.ortli-west coast of America" has not infrequently been used simply as
the synonym of t'.ie " north-west coast,'' hut it has also been used in another sense as
including the A'nericaii coast of the Russian possessions as fiir northward as the Stmits of
IJelirini,'. Cor.i'usion has sometimes arisen in the use of the piirase " norlh-west coast of
America," bvu the true meaning can always be determined by refertmce to the context.
The 'I'reaty between the United States and Russia was concluded on the i7tli April,
1824, and that between Givat Britain and Russia was concluded on the 28th February, 1825,
The full and accurate text of both Treaties will be found in Inclosure (A). Tiie Treaty
between the United States and Russia is first in the order of time, but 1 shall consider both
Treaties together. T quote the first Articles of each Treaty, for, to all intents and purposes,
they arc identical in meaning, though difl'er':ig somewhat in phrase.
The Jst Article in the American Treaty is as follows :—
"Article I. It is agreed that, in any part of the Great Ocean, commonly called tiic
Pacific O^ean or the South Sea, the respective citizens or subjects of the High Contracting
Powera shall be neither disturbed 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."
The 1st Article in the British Treaty is as follows : —
" Article I. It is agreed that the respective subjects of the High Contracting Parties
shall not be troubled or 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 siiall not have been already occupied, in order to trade with the natives, under
the restrictions specified in the following Articles."
Lord Salisbury contends that —
" T/i<; Russian Govervment had no idea of any distinction between Behring's Sea and the
Pacific Ocean, which latter they considered as reaching southivard from Behring's Straila.
Nor throughout the whole of the subsequent correspondence is there any reference what-
ever on either side to any distinctive name for Behring's Sea, or any intimation that it
could be considered otherwise than as forming an integral part of the Pacific Ocean."
The Government of the United States cordially agrees with Lord Salisbury's state-
niont that throughout the whole correspondence connected with the formation of the
Treaties there was no reference whatever by cither side to any distinctive naino lor
Heliring's !Sea, and for the very simple reason which I have already indicated, that the
iiegolialioii had no reference whatever to the Behring's Sea, but was entirely confined to a
♦ The same designation obtainoil in Kiirore. As early as 1803, in a Map publisliud by the (icographic
Institutu at Weimar, tiie coast from Columbia River (49) to Capo lilizabctli (60' ) is designated as the "Aorrf
IKm* Kutle,"
i2i-.
.ia.1-. .--
1 ■
■Mi ^
1
a|j 1
i
»^W»1H
I'
I
"strip
thereto
I\
referrci
Miips I'
Ihe :iOi
I'acit'c
the one
Euglisli
ledge (1
Wi to
century
Jouth
»as
Cook.'
T«
a Map
(late—
iu 1730
the sea
of the s
to M;>p
lii
ninety y
Spain, (
\m kn(
Ocean.
Beiiriiig
they did
uiuier w
Is
ami Mr.
simply i
separate
have bo
Mr. Ada
for tiie
Kiimscii
uictcs ai
deed for
a^ninst
minute
employe
that a'li
hy Mr. .
countvic
Count I
the two
Mr. Stn
and lion
iiiserlioi
freedom
Th
that th(
British
by the '
operatic
Oecan ;
Belirin;
Russia
bad, by
80
"strip of land " on the novtli-vvc8t coast and the waters of tlio Pacific Ocean adjacent
thereto. For future reference I call special attention to tlie plirase "strip of land."
I venture to remind Lord Salisbury of the fact that IJehring's Sea was, at the time
referri'd to, the recognized name in some quarters, and so app-arcd on many authentic
Maps sL'vcral years heforc the Treaties were negotiated. But, as I mentioned in ray note of
ihcIiOih June, the same sea had been presented as a body of water separate from the
I'acit'c Ocean for a long period jirior to 1825. Many names had been applied to it, but
the one most frequently used and must widely recognized was the Sea of Kamschatka.
Euglisli statesmen of the period when the Treaties were negotiated had complete know-
lodge of all the geographical points involved. They knew that on the Map published in
i;5't to illustrate the voyages of the most eminent English navigator of the eighteenth
ccnturv the " Sea of Kamschatka " appeared in absolute contradistiction to the " Great
fouth Sea " or tiic Pacific Ocean. And the Map, as shown by the words on its margin,
was "prepared by Lieutenant Henry Roberts under the immediate inspection of Captain
Cook."
Twenty years before Captain Cook's Map ajjpcared, the "London Magazine" contained
a Map on which the Sea of Kamschatka was conspicuously engraved. At a still earlier
(late— even as far back as 1 732 — Gvosdcf, Surveyor of the Russian expedition of Shestakoff
ill \ViO (who, even before Hehring, sighted the land of the American continent^, published
the sea as bearing the name of Kamschatka, Muller, who was Historian and Geographer
of the second expedition of Behiing in 1741, designated it as the Sea of Kamschatka ia
to Map published in 17U1.
I inclose a list of a large proportion of the most authentic Maps published during the
ninety years prior to 1825 in Cireat Britain, in the United States, the Netherlands, France,
Spain, Germany) and llussia — in all 105 Maps — on every one of which the hftdy pf water
now known as Behring's Sea was plainly distinguished by a name separate from the Pacific
Ocean. On the great majority it is named the Sea of Kamschatka, a few use the nanie of
Bi'hring, while several other designations are used. 'I'hc whole number, aggregating, as
thiy did, the opinion of a large part of the civilized world, distinguished the sea, no matter
uiuier what name, as altogether separate from the Pacific Ocean. (See Inclosure B.)
Is it possible, that with this great cloud of witnesses before the eyes of Mr. Adams
ami Mr. George Canning, attesting the existence of the Sea of Kamschatka, they would
simply include it in the phrase "Pacific Ocean," and make no allusion whatever to-it as a
.icpanitc sea, when it was known by almost every educated man in Europe and America to
have been so designated numberless times? Is it possible that Mr. Canning and
Mr. Adams, both educated in the common law, could believe that they were acquiring
lor tiic United States and Great Britain the enormous rights inherent in the Sea of
Kamschatka without the slightest rclerence to that sea, or without any description of its
iiittcs and bounds, when neither of them would have paid for a village house lot unless the
deed lor it should recite every fact and feature necessary for the identification of the lot
ajninst any other piece of ground on the surface of the globe? When wc contemplate the
minute |)articularity, the tedious verbiage, the duplications and the reduplications
employed to secure unmistakable plainness in framing Treaties, it is impossible to conceive
that a lact of this great magnitude could have been omitted from the instructions written
by .Mr. Adams and Mr. G. Canning as Secretaries for Foreign Affairs in their respective
countries — impossible that such a fact could have escaped tlie notice of Mr. Middleton and
Count Nesselrode, of Mr. Stratford Canning and M Poletica, who were the negotiators of
ihc two Treaties. It is impossible that, in the Anglo-Russian Tieaty, Count Nesselrode,
.\h', Stratford Canning, and M. Poletica could have taken sixteen linos to recito the titles
and honours they had received from their respective Sovereigns, and not evpn suggest the
insertion of one line, or even word, to secure so valuable a grant to England as the full
freedom of the Behring's Sea.
t' '
There is another argument of greot weight against the assumption of Lord Sollsbqj-y
that the phrase " Pacific Ocean," as used in the Ist Article of noth the American and
British Treaties, was intended to include the waters of tlie Behring's Sea. It is true that,
by the Treaties with the United States and Great liritain, Russia practically withdrew the
iwration of the Ukase of 1821 from the waters of the noith-west coast on the Pacific
Orcan ; but the jjroof is conclusive that it was left in full force over tiie waters of the
Behring's Sep. Lord Salisbury cannot have ascertained the value of the Behriqg's Spft \Q
Russia when be assumed that, in the Treaties of 1824 and 1825, the Imperial Governnnpot
bad, by mere inclusion in another phrase, with apparent carelessness, thrown open all the
I
40
resources and nil the wealth of those waters to the citizens of the United States and to the
subjects of Great Britain.
Lord Salisbury bus, perhaps, .lot thought it worth while to make any exntnination of
the money value of Alaska and the waters of the Hehring's Sea at the time tiie Treuties
were negotiated and in the succeeding years. Tiie first period of the llussian-Amcrican
Company's opcratii)ns had closed before tlic Ukase of 1821 was issued. Its iiffiiirs wcre
kept secret for a 'onij; time, but arc now aecurntcly known. The money advanced for the
capital slock of the Company at its opening in 179!) amounted to 1,238,74(5 roubles. T|,e
gross sales of furs and skins by the Company at Kodiak and Canton from that date up to
1820 amounted to •J0,0i4,G9'^ roubles. The net profit was 7,68.5,000 roubles for the
twenty-ono years — over 020 per cent, for the whole period, or nearly 30 per cent, per
annum.
Reviewing these facts, Bancroft, in his "History of Alaska," a standard woik of
exhaustive research, says : — ■
'•We find this powerful monopoly firmly established in the favour of the Imperial
Government, many Nobles of high rank and several members of the Royal Family bein"
among the shareholders."
And yet Lord Salisbury evidently supposes that a large amount of wealth was care-
lessly thrown away by the Royal Family, the Nobles, the courtiers, the capitalists, and the
speculators of St. Petersburgh in a phrase which merged the Behring's Sea in the Pacilic
Ocean. That it was not thrown away is shown by the transactions of the Company for
the next twenty years.
The second period of the Russian-American Company began in 1821 and endedin
1841. Within that time the gross revenues of the Company exceeded 61,000,000 roubles.
Besides paying all expenses and all taxes, the Company largely increased the original
capital, and divided 8,500,000 roubles among the shareholders. These dividends and the
increase of the stock showed a profit on the original capital of 65 per cent, per annum for
the whole twenty years — a great increase over the first period. It must not be forgotten
that, during sixteen of these twenty years of constantly increasing profits, the Treaties
which, according to Lord Salisbury, gave to Great Britain and the United States equal
rights with Russia in the Behring's Sea, were in full force.
The proceedings which took place when the second period of the Russian American
Company was at an end are thus described in Bancroft's " History of Alaska": —
" 'In the variety and extent of its operations,' declare the members of the
Imperial Council, ' no other Company can compare with it. In addition to a eonunercial
and industrial monopoly, the Government has invested it with a portion of its own powers
in governing the vast and distant territory over which it now holds control. A eiia.igein
this system would now be of doubtful benefit. To open our ports to all hunters promis-
cuously vould be a deuth-blow to the fur trade, while the Government, having translerred to
the Company the control of the Colonies, could not now resume it without great expense
and trouble, and would have to create new financial resources for such a purpose.'"
The Imperial Council, it will be seen, did not hesitate to call the Russian-American
Company a monopoly, which it could not have been if Lord Salisbury's construction of the
Treaty was correct. Nor did the Council feel any doubt that to open the i)orts of the
Beb-ing's Sea " to all hunters promiscuously would be a death-blow to the fur trade."
Bancroft says further : —
..." This opinion of the Imperial Council, together with a Charter defining tlie
privileges and duties of the Company, was delivered to the Czar, and received his signature
on the 11th October, 1844. The new Charter did not diftifer in its main features from
that of 1821, though the boundary was, of course, changed in accordance with the English
and American Treaties. None of the Company's rights were curtailed, and the additional
privileges were granted of trading with certain ports in China and of shipping tea direct
from China to St. Petersburgh."
The Russian-American Company was thus chartered for a third period of twenty
years, and at the end of the time it was found that the gross receipts amounted to
75,770,000 roubles, a minor part of it from the tea trade. The expenses of administration
were very large. The shareholders received dividends to the amount of 10,210,000 roubles
— cbout 90t> per cent, for the whole period, or 45 per cent, per annum on the original
capital. At the time the third period closed, in 1862, the Russian Government saw an
41
lopnorlunity to sell Alaska, and refused to continue the Charter of the Company. Agents
of'thc United States had initiated negotiations for the transfer of Alaska as early as 1859.
Ihe Company continued, practically, however, to exercise its monopoly until 1867, when
\lasiia was sold by Russia to the United States. The enormous prorits of the Russian
American Company in the fur trade of the Behring's Sea continued under the Russian flag
I jiir more than forty years after the Treaties of 1821 and 182o had been concluded. And
,ct Lord Salisbury contends that during this lon{; period of exce|)tional profits from the
fur trade Great Britain and the United States had as ^^ood a right as Russia to take part
I in these highly lucrative ventures.
American and Eni^lish shi|i in goodly nunibers during this whole period annually
(isitcd and traded on the north-west coast on the Pacific Ocean. And yet, of all these
tesseis of the United States and Great Britain, not one ever sought to disturb the fur
lislicries of tho Behring's fiea or along its coasts, cither of the continent or of the islands.
Solar as known, it is l)elievcd that neither American nor English ships ever attempted to
laki' one fur-seal at the Pribylod" Islands or in tlie open waters of the Behring's Sea during
that period. The 100-niile limit was for the preservation of all thene fur animals, and this
limit was observed for that purpose by all the maritime nations that sent vessels to the
Behriiig waters.
Can any one believe it to be possible that the maritime, adventurous, gain-loving
people of the United States and of Great Britain could have had such an inviting field
open to them forty years and yet not one ship of either nation enter the Behring's Sea
to compete with the Russian-American Company for the inordinate profits which had
iowcd so steadily and for so long a period into their treasury from the fur trade ? The
fact that the ships of both nations refrained, during that long period, from taking a single
fur-seal inside the shores of tiiat sea is a presumption of their lack of right and their
recognized disability so strong tiiat, independently of all other arguments, it requires the
most authentic and convincing evidence to rebut it. That English ships did not enter the
Behring's Sea to take part in the catching of seals is not all that can be said. Her
acquiescence in Russia's power over the seal fisheries was so complete that during the
foilv years of Russia's supremacy in the Behring's Sea (that followed the Treaties of
1824-25) it is not believed that Great Britain even made a protest, verbal or written,
against what Bancroft describes as the " Russian monopoly."
A certain degree of confusion and disorganization in the form of the government that
had existed in Alaska was the inevitable accompaniment of the transfer of sovereignty to
the United States. The American title was not made complete until the money, specified
as the price in the Treaty, had been appropriated by Congress and paid to the Russian
Minister by the Executive Department of tiie Government of the United States. This
was effected in the latter half of the year 1808. The acquired sovereignty of Alaska
carried with it by Treaty "all the rights, franchises, and privileges" which had belonged
to Russia. A little more than a year after the acquisition, the United States transferred
certain rights to the Alaska Commercial Company over the seal fisheries of Behring's Sea
lor a period o! twenty year.'. Russia had given the .same rights (besides rights of still
lainir scope) to tiie Russian-American Comjjany for three periods of twenty years each,
without a protest from the British Government, without a single interference from British
ships, For these reasons this Government again insists that Great Britain and the United
States recognized, respected, and obeyed the authority of Russia in the Behring's Sea ; and
did it for nioi'e than forty years after the Treaties with Russia were negotiated. It still
remains for Englatrd to explain why she persistently violates the same rights when trans-
ferred to the ownership of the United States.
The Ilnd Article of the American Treaty is as follows : —
"Article 11. With a view of preventing the rights of navigjition and of fishing exer-
cised upon the Great Ocean by the citizens and subjects of the High Contracting Powers
honi becoming the jrretext for an illicit trade, it is agreed that the citizens of the United
States shall not resort to any point where there is a Russian establishment, without the
permission of the Governor or Commander; and that, reciprocally, the subjects of
Russia shall not resort, without permission, to any establishment of the United States
upon the north-west coast."
The Ilnd Article of the British Treaty is as follows : —
" Article II. In order to prevent the right of navigation and fishing, exercised
upon the ocean by the subjects of the High Contracting Parties, from becoming the
[95J G
t'A
f
C*
42
pretext for an illicit commerce, it is agreed that the Hubjects of His Britannic Majeiiy
shall not land at any jjlnce where there may he ii Russian estahiishinent, without
the iiermission of the Governor or CoinnnuKlant ; and, on the other hand, the Russian
subjects shall not land, without permission, at any British establishment on the
north-west coast."
In the Ilnd Articles of the Treaties it is recognized that both tiie United
States and Great liritain have establishments on the " north-west coast," and, u
neither country ever claimed any territory north of the (iOth parallel of latitude
we necessarily have the meaning of the north-west coast significantly defined in exact
accordance with the American contention.
An argument, altogether historical in its character, is of great and, I think, conclusive
force touching this (juestion. It will l)o remend)ered that the Treaty of the 20tli October,
1818, between the United States and Great Britain, comprised a variety of topics, anion"
others, in Article III, the following: —
" It is agreed that any country that may be; claimed by cither party on the north-west
coast of America, westward of the Stony JNlountains, shall, together with its harbours, biiyj,
and creeks, and the navigation of all rivers within the same, be free and open, for the tciin
of ten years from the date of the signature of the present Convention, to the vessels, citizens,
and subjects of the two Powers ; it being understood that this Agreement is not to be con-
strued to the prejudice of any claim which cither of the two High Contracting Parties inav
hftve to any part of the said country, nor shall it be taken to affect the claims of any
other Power or State to any part of the said country, the only object of the Hii;ii
Contracting Parties, in that respect, being to prevent disputes and differences amongst
themselves."
While this Article placed upon a connnon basis for ten years the rights of Great
Britain and America on the north-west coast, it made no adjustment of the claims of Russia
pn the north, or of Spain on the south, which are referred to in the Article as "any otiier
Power or State." Russia had claimed down to latitude ."35° under the Ukase of 1799.
Spain had claimed indefinitely northward from the 42nd parallel of latitude. But
all the Spanish claims had been transferred to the United States by the Treaty of 1819,
and Russia had been so quiet until the Ukase of 1821 that no conflict was feared.
But after that Ukase a settlement, either permanent or temporary, was imperatively
dem^^ded.
The proposition made by Mr. Adams which I now quote shows, I think, beyond ail
doubt, that the dispute was wholly touching the north-west coast on the Pacific Ocean. I
make the following quotation from Mr. Adams' instruction to Mr. Middleton, our Minister
at St. Petersburgh, on the 22nd July, 1823 :—
" By the Treaty of the 22nd February, 181!), with Spain, the United States acquired
all the rights of Spain north of latitude 42° ; and by the lllrd Article of the Convention
between the United States and Great Britain of the 20th October, 1818, it was agreed tliut
any country that might be claimed by either party on the north-west coast of America,
westward of the Stony Mountains, should, together with its harbours, bays, and creciis,
and the navigation of all rivers within the same, iie free and o\wa, for the term often years
from that date, to the vessels, citizens, and subjects of the two Powers, without prejudice
to the claims of either party or of any other State.
" You arc ituthorized to propose (in Article of the same Import for a term ol
ten years from the siynahirr of a Joint Convention between the United IStateSf Grail
Britain, and Russia."
Instructions of the same purport were sent by the same mail to Mr. Rush, our Minister
at Loudon, in order that the pro| osition should be completely understood by each of the
three Powers. The confident presumption was that this proposition would, as a tem])oraiT
settlement, be acceptable to all parties. But before there was time for full consideration of
the proposition, either by Russia or Great Britain, President Monroe, in December 1823,
proclaimed his famous doctrine of excluding future European Colonies from this continent.
Its effect on all European nations holding unsettled or disputed claims to territory was to
create a desire for prompt .settlement so that each Power could be assured of its own, with-
out the trouble or cost of further defending it. Groat Britain was already entangled with
the United States on the southern side of her claims on the north-west coast. That
Agreement she must adhere to, but she was wholly unwilling to postpone a definite under-
■landing with Russia as to the northern limit of her claims on the north-west coast. H;nce
e pernlniipnt Treaty wns tltisired, «hd in both Trenties the " ten-yenr " fentui-c was n-cognized
_in the Vllth Article of the British Treaty and in tho IVth Article of tlie American
-in
Treaty
,,„^^. But neitlier in the corrc8|)<)ii(ioiice nor in tlie ikmsoiiuI conferences tiiat brougiit
about Hie Ai^rceincnt was there u sin^h; hint timt the sctth-nient was to inehule anything'
(l<c whatever than tiie nortli-wcst coast on the I'acilie Ocean, south of tiio (iOMi parallel of
(irth latitude.
Fortunately, however, it is not necessary for the United States to rely on this
suesestive definition of the north-west coast, or upon the iiistorical facts above j^iven. It
is easy to prove from other sources that in the Tieatv between the United States and
Russia the coast referred to was that which I have di^tincd as the " novtli-wesl coast " on
the Pacific Ocean soutli of 60" north latitude, or, as the Russians for a loiii; time believed
it .VJ" 30'. We have in the De|)artuient of State tin; originals of the I'rotocols between
our Minister at 8t. Petersburgh, Mr. Henry Mi(iilleton, and Count Nesselrode, of Russia,
will) negotiated the Treaty of 1824. I ouote, as I have (jUoted in my note of the
gOth June, a .Memorandum submitted to Count Nesselrode by Mr. Middleton as part of
the -Ith Protocol : —
"Now, it Is clear, nceordinf; to the facts estiblished, that neither Russia rtdr
any other European Power has the right of dominioi upon the Continent of America
between the 5()th and (iOth dejj;rees of north latitude.
" Still less has she the dominion of the adjacent maritime territory, or of the
foa which washes these coasts, a dominion which is only accessory to the territorial
iloniinion.
"Therefore, she has not the right of exclusion or of admission on these coasts, nor in
these seus, which are free seas.
"The right of navigating all the free seas belongs, l;y 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 ai)ovc mentioned, from the time of Hicir independence ; and they Imvfc a
perfect right to this navigation and to tliis coninieree, and they can only be deprived of it
bv their own act or by a Convention."
iMr. Middleton declares that Russia had not the right of dominibn " itiiott the
Conlinmt of Ainrrira heUvecn the !)Olh nnd 60tli deyrcrs of north latitude." Still less has
she the dominion of " the adjacent maritime territory or the apti which washes these coasts."
He finthcr declares that Russia had not the '• rifjilit of exclusion or of admission on
these coasts, nor in these seas, which are free seas " — that is, tlie coast and seas between the
aOth and (iOth degrees of north latitude on the liodi/ of the continent.
The following remark of Mr. Middleton deserves special attention : —
"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."
This earnest j)rotcst by Mr. Middleton, it will be noted, was against the Ukase
of Alexander which proposed to extend Russian sovereignty over the Pacific Ocean
as tar south as the 5 1st degree of latitude, at which point, as Mr. Adams reminded
the Russian Minister, that ocean is 4,000 miles wide. It is also to be specially noted that
Mr. Middleton's double reference to " the free seas " would have no meaning whatever if
he dill not recognize that freedom on certain seas had been restricted. He could not have
used the phrase if lie had regarded all seas in that region as " free seas,"
In answer to my former reference to these facts (in my note of the 30th .June)
Lord Salisbury makes this plea : —
" Mr. Blaine states that when Mr. Middleton declared that Russia had no right
of exclusion on the coasts of America between the 50tli and fiOth degrees of north
latitude, nor in the seas which washed those coasts, he intended to make a distiction
between Behring's Sea and the Pacific Ocean. But on reference to a Map it will be seen
that the 60th degree of north latitude strikes straight across Behring's Sea, leaving by far
the larger and more important part of it to the south; so that I confess it appears to me
that by no conceivable construction of his words can Mr. Middleton be supposed to have
excepted that sea from those which he declared to be free."
If his Lordship had examined his Map somewhat more closely, he would have found
mv statement literally correct. When Mr. Middleton referred to "the Continent of
[95J G 2
•• 44
America between the 50th and 60th degrees ot north latitude," it was impnaslble that he
could have referred to the coast of Rehring's Sea, for the very Himple iciiHon that
the 50th degree of latitude is iiltogethcr south of the Bchring's Sea. Tlic (net tlmt
the 60th parallel " strikes straight acrnss tlie Rchriiig's Sea " has no more peitinince
to this discuHsiou thai) if his Lordship had remarki-d that the same parallel piissis tliiou'li
the Sea of Okhotsk, which lies to the west of Hchring's Sea, just as the arm of the NnriL
Pacific lies to the east of it. Mr. Middleton was denying Russia's doniinion iiih,
a continuous line of coast upon the continent hetwecn two spccitied points uiiii dvi
the waters washing that coast. There is such a continous line of coast between tlu
50th and GOth degrees on the Pacific Ocean ; hut there is no such line ol const on tin
Behring's Sea, even if you measure from the southernmost island of the Aleiitiaiuhiiin.
In a word, the argument of Lord Salisbury on this point is based upon a ge()!;rn|)l)ir,il
impossibility. (See illustrative Map on opposite i)age.)
But, if there could be any doubt left as to what coast and to wimt wnttrs
Mr. Middleton referred, an analysis of the last paragrapli of the 4th Protocol will (jisi,,]
that doubt. When ^Ir. Middleton declared tliat " thr Uiiitrd Stntm have cnrriw
navigation in the seas, and commerce upon thr coasts above mentioned, from the time nf thfir
independence," he makes the same declaration that had been previously made hy
Mr. Adams. That declaration could only refer to the north-west coast as I have destiihei
it, or as Mr. Middleton phrases it, " the Continent of America between the 50th iiiul Goth
degrees of north latitude."
Even his Lordship would not dispute the fact that it was upon tiiis coast and in tlic
waters washing it that the United States and Great Britain had exercised free iiavigatioii
and commerce continuously since 1784. By no iiossibility could that navigation m\
commerce have been in the Behring's Sea. Mr. Middleton, a close student of histor\, iiiiii
experienced in diplomacy, could not have declared that the United States had " exeidjud
navigation " in the Behring's Sea, and "commerce upon its coasts," /rom the time nfthnr
independence. As a matter of history, there was no trade and no navigation (except the
navigation of explorers) by the United States and Great Britain in the Behring's Sen in
1784, or even at the time these Treaties were negotiated. Captain Cook's voya^'e nf
exploration and discovery through the waters of that sea was completed at the close if
the year 1778, and his " Voyage to the Pacific Ocean " was not published in London uiiii!
five years after his death, which occurred at the Sandwich Islands on the Htli Febiumv,
1779. The Pribyloff Islands were first discovered, one in 1786 and the other in 1'^;,
Seals were taken there for a few years afterwards by the Lebedef Company of Rus^ia,
subsequently consolidated into the Russian- American Company; but the taking of seals
on those islands was then discontinued by the Russians until 1803, when it was resinnd
by the Russian- American Company.
At the time these Treaties were negotiated there was only one Settlement, and that of
Russians, on the shores of the Behring's Sea, and the only trading vessels which hud
entered that sea were the vessels of the Russian Fur Company. Exploring expeditions had,
of course, entered. It is evident, therefore, without further statement, that neither the
vessels of the United States nor of Great Britain nor of any other Power than Russia hud
traded on the shores of Behring's Sea prior to the negotiations of these Treaties. No
more convincing proof could be adduced that these Treaties had reference solely to the
waters and coasts of t^^e continent south of the Alaskan Peninsula — simply the " Pacitic
Ocean" and the "north-west coast" named in the Treaties.
;■ ;
The lllrd Arti'.lo H the British Treaty, as printed in the British State Papers, is as
follows : —
" The line of demarcation between the possessions of the High Contracting Paities
upon the coast of the continent and the islands of America to the north-west shall be
drawn in the manner following : —
" Commencing from the southernmost point of the island called Prince of Wales
Island, which point lies in the parallel of 54° 40' north latitude, and between the 131st and
the 133rd degree of west longitude (meridian of Greenwich), the said line shall ascend to the
north along the channel called Portland Channel, as far as the point of the continent where
it strikes the .lOth degree of north latitude ; from this last-mentioned point the lint oi
demarcation shall follow the summit of the mountains situated parallel to the coast, as far
as the point of intersect'on of the 141st degree of west longitude (of the same meridian);
and, finally, from the said point of intersection the said meridian line of the 14 1st degree,
in its prolongation as far as the Frozen Ocean, shall for.-n the limit between the Russiaa
and the British possessions on the Continent of America to the north-west."
1^^
i
1
1-
|jEnRnk%
1
i' ^ i^raS
1
H^BBS
^: - ■iWBfn
1
#, f ■^Hn
'
, J|; i H^^ml
; ;?
^Kt'' ^^^^1
\ 1
■■
w
J^^
SECTION OF A TRACK CHART 0^ 1HF W
40
,20- f^O* '"^0* iSO*
EIJEIIECIBZECi^ZSIBlL i \-i H
rso
60'
iro'
I go
i^^Mflf
liifai^
i CHART or THF WORLD. COVIKINC TtiF BTHKINC SEA
tk
'1
of 54"
^ T^HT.-'^K
SBH5
IMi
m
'^!^
■ " 45
It will be observed that this Article explicitly delimits the boundary between British
America and the Russian possessions.. This delitiiitation is in minute detail from 54° 40'
to the northern terminus of the coast known as the north-west coast. AV iieii tlie houndaiv-
line reaches that point (opposite 60° north latitude) where it intersects the 141st degree of
west longitude, all particularity of description ceases. Fron> that point it is projected
directly northward for 600 or 700 miles without any reference to coast-line, without any
reference to points of discovery or occupation (tor there were none in that int^?rior
country), but simply on a longitudinal line as far north as the Frozen or Arctic Ocean.
What more striking interpretation of the Treaty could there be than this boundary-
line itself? It could not be clearer if the Britisii negotiators had been recorded as saying
to the Russian negotiators : —
"Here is the north-west coast to which we have disputed your claims — from the 51st
to the 60th degree of north latitude. We will not, in any event, admit your right south
of 54° 40'. From 54° 40' to the point of junction with the I41st degree of west longitude
we will agree to your possession of the coast. That will cover the dispute between us.
As to the body of the continent above the point of intersection, at the 141st degree of
longitude, we know nothing, nor do you. It is a vast unexplored wilderness. We have
no Settlements there, and you have none. We have, therefore, no conflicting interests
with your Government. The simplest division of that territory is to accept the prolonga-
tion of the 141st degree of longitude to the Arctic Ocean as the boundary. East of it the
territory shall be British. West of it the territory shall be Russian."
And it was so finally settitd
Article IV of the Anglo-Russiai. Treaty is as follows : —
" With reference to the line of demarcation laid down in the preceding Article it is
understood :
" 1. That the island called Prince of Wales Island shal' belong wholly to Russia.
"2. That wherever the summit of the mountains which extend in a direction parallel
to the coast, from the 5Gth degree of north latitude to the point of intersection of the 141st
de<?ree of west longitude, shall prove to be at the distance of more than 10 marine leagues
from the ocean, the limit between the British possessions and tlie line of coast which is to
belong to Russia, as above mentioned, sliall be formed by ' a line parallel to the windings
of the coast, and which shall never exceed the distance of 10 marine leagues there-
from.'"
The evident design of this Article was to make certain and dciinite the boundary-line
along the line of coast, should there be any doubt as to that line as laid down in
Article III. It provided that the boundary-line, following the windings of the coast, should
never be more than 10 marine leagues therefrom.
The Vth Article of the Treaty between Great Britain and Russia reads thus: —
" It is, moreover, agreed that no establishment shall be formed by either of the two
Parties within the limits assigned by the two preceding Articles to the possessions of the
I'll ^r. Consequently, British subjects shall not form any establishment either upon the
'"! .t or upon the border of the continent comprised within the limits of the Russian pos-
■^ ■ as, as designated in the two preceding Articles ; and, in like manner, no establish-
1 .,: ?hall be formed by Russian subjects beyond the said limits."
The plain meaning of this Article is that neither Party shall make Settlements within
the limits assigned by the Illrd and IVth Articles to tbj; possession of the other. Conse-
quently, the Illrd and IVth Articles are of supreme importance as making the actual deli-
mitations between the two countries, ani' forbiddinj each to form any establishments
within the limits of the other.
The Vlth Article of Russia's Treaty with Great Britain is as follows: —
" It is understood that the subjects of His Britannic Majesty, from whatever quarter
tlity may arrive, whether from the ocean or from the interior of the co( tinent, shall lor ever
enjoy the right of navigating freely, and without any hindrance whatever, all the rivers
and streams which, in their course toward the Pacific Ocean, may cross the line of
i' I liii'Ccition upon the line of coast described in Article III of tiio present Con-
vention."
The meaning of this Article is not obscure. The sulyects of Great Britain, whether
arriving from the interior of the continent or Irom the ocean, shall enjoy the right of navi-
gating freely all the rivers and streams which, in their co ursc to the Pacific ' Vean. mnij cress
i
anitf*
40
the line of demarcation upon the line of const described in Article TIL As is |)liiihly n|)|)tii(ii(
llie coast velerrred to in Avticlc III is tlie coast south of tlie poilit of jiiiic'tioii iiirciuiv
licscribct!. Notiiiny; is clearer tiian tlio reason tor this pmvision. A .s7r?/) Bf /(t»ff, at nii
jioiht wider timn 10 marine leagues, runnin;? aloni; the I'acilic Ocean i'roin r)4° 4(1' b>\]\]~
{[VJO miles by geographical line, by the \vinflini;sot' the coast three times that distanee), lyas
O'isiyned to Russia hy the llird Article. Directly to the east of this strip of land— or, as
might be said, behind it — lay the Jiritish possessions. To shut out the inliabitailts of the
British possessions from the sea by this striyj of land, would have been not only utueasonable,
hut intolerable to Great Britain. Russia promptly conceded the privilege, and ^ave to
Great Britain the ri^bt of navigating all rivers crossing that strip of land from 54° 40' to
the point of intersection with the 141st degree of longitude. Without this concession tlic
Treaty could not have been made. I do not understand that Lord Salisbury dissents d'om
this obvious construction of the \'lth Article, for in his despatch he says that the Article
has a "restricted bearing," and refers only to " the line of coast described iti Article III "
(the italics are his o"vn), and the only line of coast described in Article III is the const
from R4° 40' to GO^. There is no description of the eoa>.t above that point sti etching nloii"
the Behring's Sea from latitude 60° to tiic Straits of Hehring.
The Vllth Article of the Anglo-Russian Treaty, whose jirovisions have led to tlie
principal contention between the United States and Great Britain, is as follows ; —
" It is also understood that for the space of ten years from the signature of the
present Co ' itimi the vessels of the two Powers, or those belonging to their respective
sul)jects, shii My be at liberty to frequent, witliout any hindrance whatever, all the
inland seas, th. , [lavens, and creeks on the coast mentioned in Article III, for the
purposes of flshiii id of trading with the natives."
In the judgment of the President the meaning of this Article is altogether plain and
clear. It provides that for the space of ten years the vessels of the two Powers should
mutually be at liberty to frequent all the inland seas, &c., " on the coast mentioned
in Ai-tlcle in, for the purpose of fishing and trading with the natives." Following olit the
line of my argument and the language of the Article, I have already maintained th;it this
privilege could only refer to the coast from 54° 40' to the point of intersection with the
Hist degree of west longitude; that, therefore, British subjects were not granted the
right of frequenting the liehring's Sea.
Denying this construction, Lord SaUsbury says : —
" I must further dissent from Mr. Blaine's interpretation of Article Vll of tlic latter
Treaty (British). That Article gives to the vessels of the two Powers 'liberty to frequent
all the inland seas, gulfs, havens, and creeks on the coast mentioned in Article til, for the
purpose of fishing and of trading with the natives.' The expression ' coast mentioned in
Article III' can only refer to the first words of the Article, 'the line of demarcation
between the possessions of the High Contracting Parties upon the coast of the continent
and the islands of America to the north-west shall be drawn,' &c., that is to say, it
included all the possessions of the two Powers on the north-west coast of America. For
there would have been no sense whatever in stipukting that Russian vessels should have
freedom of access to the small portion of coast which, by a later part of the Article, is to
belong to Russia. And, as bearing on this point, it will be noticed that Article Vl, which
has a more restricted bearing, sneaks only of ' the subjects of His Britannic Majesty ' and
of ' the line of coast described in Article III.' "
It is curious to note the embarrassing intricacies of his Lordship's language and the
erroneous assumption upon which his argument is based. He admits that the privileges
granted in the Vlth Article to the subjects of Great Britain are limited to "the coast
described in Article III of the Treaty." But when he reaches the Vllth Article, wiieic
the privileges granted are limited to "the coast mentioned in Article III of the Treaty,"
his Lordship maintains that tlie two references do not mean the same coast at all. The
roast described in Article III and the coast mentioned in Article III are, therefore, in his
Lordsliip's judgment, entirely different. The "coast described in Article III " is limited,
he admits, by the intersection of the boundary-line with the Hist degree of longitude,
but the "coast mentioned in Article HI" stretches to the Straits of Behring.
The IlIrd Article is, indeed, a very ])lain one, and its meaning cannot be obscured.
Observe that the " line of demarcation " is between the possessions of both parties on the
coast of the continent. Great Britain had no possessions on the coast-line above the point
of junction with the 141st degree, nor had she any Settlements above 60° north latitude,
'^Mth of '30° north latitude was the only place where Great Britain had possessions on the
mmmmmmmmmmmmmmmmmmmmm
coast-line. North of that point her territory had no connection wliatever witli the coast
either of the Pacific Ocean or tiie Behring's Sea. It is thus evident that the only coant
referred to in Article ill was this strip of land south of Od^ or itSt'^ [W.
The preamhle closes hy saying that the line ot' demarcation between the possessions
on the coast "shall he drawn in the manner following:," vi/. : From I'rincc of Wales
Islanil, in S4° 40', alonpt I'ortland Channel and the summit of the mountains parallel to
the coast as far as their intersection with the I4l,s7 degree of lomjitude. After having
iiuribed this line of demarcation hetwcen the possessions of hoth parties on the coast, the
remaining sentence of the Article shows that, " finally, from the said point qf intersection,
the snid meridian-line .... shall form the limit between the Knssian and British
possession* on the Continent of America." South of the jioint of intersection the Article
describes H lint of demarcation between possessions on the coast; north of tliat point of
intersection the Article designates a mcridiau-lino as the limit bptv^een possessions on the
continent. The argument of Lord Salisbur;. appears to this Government not only to
contradict t!ie i.bvious meaning of the Vllth and Ilird Articles, but to destroy their
logical connection with the other Articles. In fact, Lord Salisbury's attempt to make tu'o
coasts out of the one coast referred to in the Illrd Article is not only out of harmony
with the plain provisions of th.e Anglo-Russian Treaty, but is inconsistent with the
preceding part of his own argument.
These five Articles in the British Treaty (the Illrd, IVth, Vth, Vlth, and Vllth) are
expressed with an exactness of meaning which no argument can change or pervert. In a
later part of my ncte I shall be able, I think, to explain why the Russian Government
elaborated the Treaty with Great Britain with greater precision and at greater length than
was employed in framing the Treaty with the United States. It will be remeutbeied that
hetween the two Treaties there was an interval of more than ten months — the Treaty with
the United States being negotiated in April 1824, and that with Great Britain in February
182.5. During that interval something occurred which made Russia more careful and more
ovactiug in her negotiations with Great Britain than she had been with the United States.
What was it ?
It is only necessary to quote the Illrd and IVth Articles of the American Treaty to
prove that less attention was given to their consideration than was given to the formation
of the British Treaty with Russia. The two Articles in the American Treaty are as
follows : —
"Article III. It is, moreover, agreed that hereafter there shall not be formed by
the citizens of the United States, or under the authority of the said States, any establish-
ment upon the north-west coast of America, nor in any of the islands adjacen', to the north
of 54° 40' of north latitude; and that, in the same manner, there shall be none formed
by Russian subjects, or under the authority of Russia, south of ths same parallel.
" Article IV. It is, nevertheless, understood that during a term of ten years, counting
from the signature of the present Convention, the ships of both Powers, or which belong
to thiir citizens or subjects respectively, may reciprocally frequent, without any hindrance
whatever, the interior seas, gulfs, harbours, and creeks upon the coast mentioned in
the preceding Article, for the purpose of fishing and trading witlj the natives of the
country."
It will be noted that in the British Treaty four Articles, with critical expression of
terms, take the place of the Illrd and IVth Articles of the American Treaty, which were
evidently drafted with an absence of the caution on the part of Russia which marked the
work of the Russian Plenipotentiaries in the British negotiation.
From some cause, not fully explained, great uneasiness was felt iq certain Russian
circles, and especially among the members of the Russian-American Company, when the
Traity between Russia and tiie United States was made public. The facts leading to the
uneasiness were not accurately known, and from that cause they were exaggerated. The
Russians who were to be affected hy the Treaty were in doubt as to the possible eJfVent
implied by the phrase " north-west coast of America," as referred to in the H|ih.I and
IVth Articles. The phrase, as I have before said, was used in two senses, and they feared
it might have such a construction as would carry the American privilege to the Straits of
Behring. They feared, moreover, that the uncertainty of the coast referred to in
Article HI might, by construction adverse to Russia, include the Behring's Sea among the
seas and gulfs mentioned in Article IV. If that construction should prevail, not only the
American coast, but the coast of Siberia and the Aleutian coasts, might also lie ihvown
i I
Si
: \
.1 I
,1 ;-
48
open to the impress of ymiericiin fishentien. So great and genuine was tlieir fri;;Iit that
they were aUc to iiidr.ce the Russian Government to demand a fresh discussion of the
Treaty before tiicy would consent to excliange ratifications.
It is easy, tlierefore, to discern the facts wiiich caused the difference in precision
between tlic American and Britisii Treaties witii Russia, and wiiieii at the same time "ive
conclusive force t<i the argument steadily maintained by the Government 'of the United
States. These facts have thus l.ir only been hinted at, and I have the right to presume
liiat they have not yet fallen uniler the observation of Lord Salisbury. The President
hopes that after the facts are prc^^cnted tiie American contention will no longer be denied
or resisted by Her Majesty's Government.
Nearly eight months after the Russo-Anieriean Treaty was negotiated, and before the
exchange of ratifications had yet taken place, there was a remarkable interview between
Secretary Adams and the Russian Minister. 1 (|Uote frou! Mr. Adams' diary, the
6th December, 182-1 :—
" C)th, Mondaij. — Baron Tuyl, the Russian Minister, wrote mo a note requesting an
immediate interview, in consequence of instructions received yesterday from his Conrt.
He came, and, after intimating that he was under some embarrassment in executing his
instructions, said that the Russian-American Company, upon learning the purport of the
North-West Coast Convention concluded last June by Mr. Middleton, were extremelv
dissatisfied ('a jetee de hauls cris'), and, by means of their infiucnce, had prevailed \ipon
his Government to send him these instructions upon two points. One was that he should
deliver, upon the exchange of the ratifications of the Convention, an explanatory note
purporting that the Russian Government did not understand that the Convention would
give liberty to the citizens of the United States to trade on the coast of Siberia .aid the
Aleutian Islands. The other was to propose a modification of the Convention, by which
our vessels should be prohibited from trading on ihe north-west coast north of latitude 57°.
With regard to the former of these points he left with me a Minute in writing."
With this preliminary statement Baron Tuyl, in accordance with instructions from his
Government, submitted to Mr. Adams the following note : —
" Explanatory Note from Russia.
"Explanatory note to be presented to the Goveinment of the United States at the
time of the exchange of ratifications, witii a view to removing with mure certauity all
occasion for futun^ discussions ; by means of which note it will be seen that the Aleutian
Islatids, the coants of Siberia, and the Russian posses»ions in general on ihe north-west comt
of America to 59° '30' of north latitude are positively excepted from the liberty of hunting,
fishing, and commerce stipulated in favour of citizens of the United States for ten years.
'• This seems to h^ only a natural conse(|ueiice of the stipulations agreed upon, lor
the coasts of Siberia are washed by the Sea of Okhotsk, the Sen of Ivamschatka, and the
Icy Sea, and not by the South Sea mentioned in the 1st Article of the Convention of the
.'ith (17th) April, 1824. The Aleutian hlands are also wasiied by the Sea of Kamschatka,
or Northern Ocean.
"It is not the intention of Russia to impede the free na'->nation of the Pacific Ocean.
She would be satisfied with causing to be recognized, as well u .uerstood and placed beyond
all manner of doubt, the principle that beyond 59° 30' no foreign vessel can approach her
coasts and her islands, nor fish or hunt within the distance of 2 marine leagues. Tliis
will not prevent the reception of foreign vessels which have been damaged or beaten by
storm."
The course pursued by Mr. Adams, after the Russian note had been submitted to him,
is fully told in his diary, from which I again quote : —
" I told Baron Tuyl that we should be disposed to do every thing to accommodate the
views of his Government that was in our power, but that a modification of the Convention
could be made no otherwise than by a new Convention, and that the construction of the
Convention as concluded belonged to other Departments of the Government, for which
the Executive had no authority to stipulate, ... I added that the Convention would be
submitted immediately to the Senate ; that if anything att'ecting its construction, or, still
more, modifying its meaning, were to be presented on the part of the Russian Government
before or at the exchange of the ratifications, it must be laid before the Senate, and could
have no other possible effect than of starting doubts, and, perhaps, hesitaiion, in that body,
and of favouring the views of those, if such there were, who might wish to defeat the
^
sir fright that
cussioii of the
e in precision
;ame time i,'ive
•of the United
;ht to presume
The President
iger be denied
and before the
;rvicw between
ms' diary, the
; requesting an
rom his Court.
n executing his
purport of the
were extremely
|)rcvailed \ipon
5 that lie should
xplanatory note
invention would
Siberia ond the
jntion, by wiiich
1 of hititude 57°.
i"g."
actions from his
States at tiie
jre certauity all
that the Aleutimi
north-went comt
ty of hunting,
for ten years.
reed upon, lor
latka, and the
nventiou of the
of Kamscliatka,
Pacific Ocean.
d placed beyond
m approach her
; leagues. This
;ed or beaten by
ibmitted to him,
ccommodate the
the Convention
istruction of the
iment, for which
entioQ would be
truction, or, still
ian Government
enate, and could
on, in that body,
" to defeat the
rfitification itself of the Convention. ... If, therefore, he would permit n>e to suggest to
liim wlijit T thought would be his best course, it would be to wait for the exchange of the
Mtirications, iind make it purely and siin])ly ; that afterwards, if the instructions of his
fjoverninent were i nipt rati vr,, he mif^ht present the note, to which I now informed him
nhnt would be. in substance, my answer. It necessarily could not be otherwise. But, if
1,1,; instructions left it discretionary with liini, he would do still better to inform his
fioveriinient of the state of tliinns iierc, of the purport of our conference, and of what my
answer must be if he should present the note. I believed his Court would then deem it
best that he sliould not present the note at all. Their apprehension had been e.vcited by an
interest not very frierHlly to the good understand tnij between the United States and Russia.
Our merchants would not go to trouble the lius.^ians on the roast of Siberia, or north of the
'ulh deqree of hititude, and it was wisest not to put such fancies into their heads. At least
llie Imperial Govertunent might wait to see the operation of the Convention before tailing
anv further steps, and / was confident they would hear no complaint resulting from it. If
thev should, then would be the time for adjusting the construction or negotiating a
modification of the Convention." . . .
The Russian Minister was decj^ly impressed by what Mr. Adams had said. He had
not before clearly perceived the inei.itable effect if he sljould insist on presenting the note
ill the lorni of a deuiaiid. He was not prepared for so serious a result as the destruction
inthe indefinite postponsment of the Treaty between Russia and the United States, and
]h. Adams readily convinced him that at the exchange of ratifications no modification
of the Treaty could be made. The only two courses^ open were, first, to ratify ; or,
second, to refuse, and annul the Treaty. Mr. Adams reports the words of the Minister in
reply :—
" The Baron said that these ideas had occurred to himself; that be had made this
application in pursuance of his instructions, but he was aware of the distribution of powers
ill our Constitution, and of the incompetency of the Exeeutivei to adjust such questions.
He would therefore wait for the exchange of the ratifications without presenting his note,
, and reserve for future consideration whether to present it shortly afterwards or to inform
his Court of what he has done and ask their further instructions upon what he shall
I definitely do on the subject." . . .
As Baron Tuyl surrendered his opinions to the superior judgment of Mr. Adams,
ilie ratifications of the Treaty were exchanged on the 11th day of January, and on the
following day the Treaty was formally proclaimed. A fortnight later, on the 25th
January, 1825, Baron Tuyl, following the instructions of his Government, filed his note
in the Department of State. Of course, his act at that time did not affect the text of
be Tre ity ; but it placed in the hands of the Government of the United States an
wiotficial note which significantly told what Russia's construction of the Treaty would be
i;, unhappily, any ditlcrence as to its meaning should arise between the two Governments.
Bill Mr. Adams' friendly intimation removed all danger of dispute, for it conveyed to
Russia the assurance that tlie Treaty, as negotiated, contained, in effect, the provisions
viiicli the Russian note was designed to supply. From that time until Alaska, with all its
lights of land and water, was transferred to the United States — a period of forty-three
I years— no act or word on the part of either Government ever impeached the full validity
ul the Treaty as it was understood both by Mr. Adams and by Baron Tuyl at the time it
I lias formally proclaimed.
While these important matters were transpiring in Washington, negotiations between
I Russia and Engla.^d (ending in the Treaty of 1825) were in progress in St. Petersburgh.
Tlie instructions to Baron Tuyl concerning the Russian-American Treaty were fully
reflected in the care with which the Anglo-Kussian Treaty was constructed, a fact to which
have already adverted in full. There was, indeed, a possibility that the true meaning
I jf the Treaty with the United States might be misunderstood, and it was therefore the
evident purpose of the Russian Government to make the Treaty with England so plain
and so clear as to leave no room for doubt and to baffle all attempts at misconstruction.
Tlie (lovernment of the United States finds the full advantage to it in the caution taken
W Russia in 1825, and can therefore quote the Anglo-Russian Treaty, with the utmoat
confidence that its meaning cannot be changed from that clear unmistakable text which,
|t'iroughout all the Articles, sustains the American contention.
The " explanatory note," filed with this Government by Baron Tuyl, is so plain in its
J text that, after the lapse of sixty-six years, the exact meaning can neither be mis-
I apprehended nor misrepresented. It draws the distinction between the Pacific Ocean and
[95] H
\
1?
m
!.
m
M
-'■ !
y !
the waters now known ns the Behring's Sen so particularly and so perspicuovislv that no
answer can be mnrle to if. It will hear the closest analysis in everv particular. "h\>,
not the intention of Russia to impede tlie free iiavin;ation of the Pacifie Ocean !" This
frank and explicit statement shows with what entire jiood faith Russia had witlidraivn, in
both Treaties, the ollcnsive Ukase of Ale.'iander, so far as the Pacific Ocean was mad?
subject to it. Another avowal is e(|ually explicit, viz,, that " the coast of Siherin, the
north-west coast of America to 59" 30' of north latitude [that is, down to ,19^ 'M)\ tlie
explanatory note reekoninp; from north to south] and the Aleutian Islands are positivolv
excepted from the liberty of hunting, fishing, and commerce stipulated in favour of citizens
of the United States for ten years." The reason uivcn for this exclusion is moat .si2;nificnnt
in connection with the pendinpr discussion, namely, that the coasts of Siberia are waslud
by the Sea of Okhotsk, the Sea of Kamschatka, and the ley Sen, and not by the "South
Sea " [Pacific Ocean] mentioned in the 1st Article of the Convention of the ,')th (ITth)
April, 1824. The Aleutian Islands are also washed by the Sea of Kamschatka, nr
Northern Ocean (Northern Ocean beinj; used in contradistinction to ?outh Sea or Pncilic
Ocean). The liberty of hunting, fishino;, and commerce mentioned in tlie Treaties \w
therefore confined to the coast of the Pacific Ocean south of .'iO" SO' botli to the United
States and Great Britain. It must certainly he ap|)arent now to Lord Salisiiury that
Russia never intended to include the Behring's Sea in the phrase " Pacific Ocean." The
American argument on that (]uestion has been signally vindicated by the official declara-
tion of the Russian Govermnent.
In addition to the foregoing, Russia claimed Jurisdiction of 2 marine leagues from the
shore in the Pacific Ocean, a point not finally insisted upon in either Treaty. The
Protocols, however, show that Great Britain was willing to agree to the 2 marine \ea^m'f,
but the United Slates was not; and, after the concession was made to the United States,
Mr. G. Canning insisted upon its being made to Great Britain also.
In the interview between the American Secretary of State and the Russian Minister,
in December 1824, it is worth noting that Mr. Ada.ns believed that the application made
by Baron Tuyl had its origin "in the appreiiension of the Court of Russia which hud
been caused by an interest not very friendly to the good imderstanding between the
United States and Russia." I ))resume no one need be told that the reference here made
by JVIr. Adams was to the Government of (Jreat Britain ; that the obvious efibrt of the
British Government at that time was designed to make it certain that the United States j
should not have the power in tlie waters and on the shores of Behring's Sea which,
Lord Salisburij now aigties, had uiidoubtedh/ been given both to the United States and Gnal
Britain by the Treatiex.
It is to be remembered that Mr. Adams' entire argument was to quiet Baron Tuvl
with the assurance that the Treaty already negotiated was, in effect, just what the Russian
Government desired it to be by the incorporation of the "explanatory note" of which
Bnron Tuyl was the bearer. Mr. Adams was not a man to seize an advantage merely hy
cunning construction of languaue which might have two meanings. He was determined
to remove the hesitation and distrust entertained for the moment by Russia. He went so I
far, indeed, as to give an assurance that American ships would not go above 57' north
latitude (Sitka), and he did not want the text of the Treaty so changed as to mention the
facts contained in the explanatory note, because, speaking of the hunters and the
fishermen, it " was wisest not to put such fancies into their heads."
It is still further noticeable that Mr. Adams, in his sententious expression, spoke of I
the Treaty in his interview with Baron Tuyl as " the North-West Coast Convention. "
This closely descriptive phrase was enough to satisfy Baron Tuyl that Mr. Adams had not
taken a false view of the true limits of the 'I'reaty, and had not attempted to extenH the
privileges granted to the United States a single inch beyond their plain and honourable
intent.
The three most confident assertions made by Lord Salisbury, and regarded by him as I
mianswerable, are, in his own language, the following : —
1. That England refused to admit any part of the Russian claim asserted by tlie I
Ukase of 1821 of a tTiaiitime jurisdiction and exclusive right of fishing throughout the
whole 'jxtent of that claim, from Bel) ring's Straits to the 51st parallel.
'I. That the Convention of 1825 was regarded on both sides as a renunciation on the|
part of Russia of that claim in its entirety.
3. That, though Behring's Straits were known and specifically provided for, I
Bfehring's Sea was not known by that name, but was regarded as a part of the Pacific
Ocean.
The explanatory note of the Russian Government disproves and denies in detail
thfcSe three ssertions of Lord Salisbury. I think they are completely disproved by the
M
jug's Sea whici),
States and Great
lunciafion on the
facts recited in this despatch, but the explanatory note is a specific contradiction of each
one of tiiem.
T!ie inclosures which accompanied Lord Salisbury's despatch, and which are
(|UOtc(l to streiifliien his iirsiiiifiits, seem to nic to sustain, in a remarkable manner, the
poMtiou of the United Slates. The first inelosure is a desptiteli IVom Lord Lonclonderry
to Count Lieven, Russian Minister at hoadon, ditted Foreijin Office, tl»e 1 6tli January,
18'J2. Tiic first paragraph of this despatcli is as Ibliows : -
"The Undersigned has the honour to acl<iio\vieda;e tlie note addressed to him by
Baron de Nicolai of the I'Jth September last, covering a copy of a Ukase issued by his
liiipariHl .Master, Kmperor of all the Ilussias, bearing date the 4th September, 18il, for
various purposes therein set forth, fspcrialli/ cnnnrctcfl iritli llie tvrritnrial riyhln of his
Croini nil the norlh-wed caast of Anirrica honleriruj on I he Pacific Ocean, and the commerce
ml navigation of His Imperial Majestjfs subjects in the seas adjacent thereto."
It is altogether apparent that tiiis despatch is limited to the withdrawal of the
provisions of the Ukase issued by tiic Emperor Alexar.der, especially comiected with the
territorial riijhts on the north-west const horderiiuj on the Pacific Ocean. Evidently Lord
Londonderry nudies no reference, direct or indirect, to tiie liehring's Sea. The whole
scope of his contention, as defined by inmself, lies outside of the field of the present
dispute between the British and Ameiiean Governments, This Government heartily
agrees with Lord Londonderry's form of stating the question.
Tiie Duke of Wellington was England's Weprcsentativo in the Congress of Verona,
for wliicli pbce he set out in the autumn ot 1822. His instructions from Mr. G.
Canning, British Secretary of Foreign Affairs, followed the jirecise line indicated by Lord
Londonderry in the despatch above quoted. This is more plainly shown by a " Memo-
randum on the Russian Ukase" delivered by the Duke on the 1 7th October to Count
Nesselrode, Russia's Representative at Verona. Tiic Duke was arguing against the Ukase
of Alexander, as it affected British interests, and his language plainly shows that he
confined himself to the "north-west coast of America bordering oh the Pacific Ocean."
To e.-itabiish this it is only necessary to (piote the following paragraph from the Duke's
Memorandum, viz. ; —
" Now, we can prove that the English North- West Company and the Hudson's Bay
Company have for many years established forts and other trading places in a country
called New Caledonia, situated to the west of a range of mountains called the Rocky
Mountains, and extending along the shores of the Pacific Ocean from latitude 49° ta
latitude (iO° north."
Tlie Duke of Wellington always went directly to the |)oint at issue, and he was
evidently not concerning himself about any subject other than the protection of the
English terri'ory south of the Alaskan Peninsula, and on the north-west coast bordering
on the Pacific Ocean. England owned no territory on the coast north of the Alaskan
Peninsula, and hence there was no reason for connecting the coast above the peninsula in
;iny way with the (piestion before the Congress. Evidently the Duke did not, in the remotest
manner, connect the subject he was discussing with the waters or the shores of the
Behring's Sea.
The most significant and important of all the inclosures is No. 12, in which
Mr. Stratford Canning, the British negotiator at St. Petersiiurgb, communicated, under date
of the 1st March, 1825, to Mr. G. Canning, Minister of Foreign Affairs, the text of the
Treat\ between England and Russia. Some of Mr. Stratford Canning's statements are
very important. In the second paragraph of his letter he makes the following state-
ment : —
"The line of demarcation along the strip of land on the north-west coast of America
assigned to Russia is laid down in the Convention agreeably to your directions." ....
After all, then, it appears that the " strip of land," to which we have already referred
more than once, was reported by the English Plenipotentiary at St. Petersburgh. This
clearly and undeniably exhibits the field of controversy between Russia and lingland, even
if we had no other proof of the fact, ft was solely on the north-west coast bordering on
the Pacific Ocean, and not in the Behring's Sea at all. It is the same strip of land which
the United States acquired in the purchase of Alaska, and runs from 54° 40' to tiO" north
latitude — the same strip of land which gave to British America, lying behind it, a free
access to the ocean.
[951 H 2
i
-^i
I
1.- ^
■^
'^V :
'^\
I
ill 111.
59
Mr. Stratford Cnnning also communicHted, in his letter of the Ist March, the
following; : —
" With respect to Hchrinf;'s Straits, I nta \\i\\)\ty to have it in my power to nssmc
you, on the joint nutliority of tlie Russian I'lcnipoteiUiaries, that Ihr limpi'iar of Run.m
hitH no iiitenlloii irliiilever of niaintitlniiKj uni/ C'Vclusivv claiiii to the navlyalion uf Iku.sv slrni^
or of Hie smu to the norlli of them.'
This assurance from the Emperor of Russia is of that kind where the power *(i ^iy,.
or to williiiold is absolute. If the Treaty of l^t2r> between (Jrcat Hritaii. and Kus^m Im,!
conceded such rij!;l)ts in the Heliring waters as Lord Salisl)ury now claims, whv u,,.
Sir Stratford Canning so " liajipy " to "have it in ins power to assure" tlie llnti>!i
Foreign Office, on "the authority of two Russian Plenipotentiaries," that '• tlic Hiii|il'ii)1'
had no intention of maintaining an exclusive claim to tlie navigation of tin; R(liiiiii;'s
Straits," or of the " seas to the north of them." 'J'lie sms to the noiitli of the .slmii.s wire
most significantly not in'-Kided in the Imperial assurance. 'I'lie Knglisii statesmen of tlmt
day had, as 1 have before remarked, attempted the abolition of the Ukase of Altxaiidei'
only so far as it affected the coast of the Pacific Ocean from the ."Jlsl to tiu; (iOtii de;;ii •
of north latitude. It was leit in full force on the shores of the Hi'lning's Sea. Tiiere is
no proof whatever that the Russian Emperor aimulled it there. That sea, from east in
west, is mC'IO miles in extent; from north to south it is 1,000 miles in extent. The
whole of this great body of water, under the I'kase, was left open to the world, excc|it u
strip of 100 miles from the shore. Put with these 100 miles enforced on all the coMstsot
the Bchring's Sea it would he obviously impossible to ajiproaeb tiic! Straits of Pclnini;,
which were less than flO mihs in extreme width. If enforced strictly, tiie Ukasu would
cut off all vessels from ])assing tbrouj;li the straits to the Arctic Ocean. If, as Linl
Salisbury claims, the Ukase had been withdrawn from the entire Reining coast, as it
was between the .'>lst and GOth degrees on the Pacific coast, what need would there liavi;
been for Mr. Stratford Canning, the Knglish Plenipotentiary, to seek a favour from Uiissu
in regard to passing through the straits into the Arctic Ocean, where scientific expeditions
and whaling vessels desired to go 't
I need not review all the inclooures,,but I am sure that, properly analyzed, they will
all show that the subject-matter touched only the settlement of the dispute on the nonh-
west coast, from the .')lst to the GOtii degree of north latitude. In other words, tluy
related to the contest which was finally adjusted by tlie establishment of the line .Vl." 40,
wiiich marked the boundary between Russian and English territory at the time of the
Anglo-Russian Treaty, as to-day it marks the line of division between Alaska and 15iiti-li
Columbia. But that question in no way touched the Reliring's Sea ; it was confined wliollv
to the Pacific Ccean and the north-west coast.
Lord Salisbury has deemed it proper, in his despatch, to call the attention of tie
Government of the United States to some elementary principles of international law
touching the freedom of the seas. For our better instruction he gives sundry extracts
from Wheaton and Kent — our most eminent publicists — and, for further illustration,
quotes from the despatches of Secretaries Seward and Fish, all maintaining the well-known
principle that a nation's jurisdiction over the sea is limited to .'i marine miles from its
shore line. Commenting on these quotations, his Lordship says : —
" A claim of jurisdiction over the open sea which is not in accordance with the
recognized principles of international law or usage may, of course, be asserted by force,
but cannot be said to have any legal validity as against the vessels of other countries,
except in so far as it is positively admitted in Conventional Agreements with those
countries."
The United States, having the most extended sea-coast of all the nations of tiic
world, may be presumed to have paid serious attention to the laws and usages which
define and limit maritime jurisdiction. The course of this Governr'.,.iit has been uniformly
in favour of upholding the recognized law of nations on that subject. While lionl
Salisbury's admonitions are received in good part by this Government, we feel justified in
asking his Lordship if the Government of Great Britain has uniformly illustrateil
these precepts by example, or whether she has not established at least one notable
l)recedent which would justify us in making greater denu\nds upon Her Majesty's
Government touching the Behring's Sea than either our necessities or our desires have ever
suggested ? The precedent to which I refer is contained in tiie following narrative : —
Napoleon Bonaparte fell into the power of Great Britain on the 1.0th July, 1815.
The disposition of the illustrious prisoner was primarily determined by a Treaty
negotiated at Paris on the 2nd of the following August between Great Britain, llussiii,
power ♦() piv(,
ttention of tl.«
lations of tlio
usages which
jeun uniformly
Prussia, antl Austria. Ry tliut Treaty "tlio oijstody of Napoleon m speeiaily intrusted to
ihf liritixli fiovernnient." The ehoice of the place and of the measincH wiiieli eouhl hcst
HiTiiri' the piisoiier were es|)eeially reserved to His Miitaiinie Majesty. In pnrsnanee of
this power, Napoleon was promptly sent hy (Ireat Hritani to the Island of St. Helena as a
|iri»i)ii('r for lite. Six months alter lie re.ielied St. Helena tlie British I'aVliament enaeted
as|)etial and extraordinary Law lor the purpose of maKinif his detention more secure. It
was iilto;;etiier a inemorahle Statute, and ^;ave to the Mritisii (Jovernor of the Island of
,St, Ikhna remarkahle powers over the property and riu;hts of other nations. The Statute
contains eif;ht hmn seetions, and in the 4th section assumes the power to exclude ships
ni any nationality, not only I'rom landinj; on the island, hut forhids ihein "to hover within
8 l('ii<,nit's of the coast of the island." The penalty for hoverinu' within H leanues of the
(oiist is the forfeiture of tlie ship to Mis .Mujest.y the Kini: ot Great Britain, on trial to he
jiad in London, and the olfenee to he the same as if committed in the County of
Midillesex, This |)ower was not assumed hy a military eonnnander, pleadinj; the silenee
ol liuv amid the clash of arms ; nor was it eonterred hy the power of civil (,'overninent in
11 crisis of puhlic (lani,'er. It vvas a I'arliatnentary emietment in a season of profound
peace that was not hroken in llurope hy war anionj,' the (Ireat I'owers lor eight-and-lhirtv
vcfirs thereafter. (See Inelosure C.)
The British Goverinnent thus assumed exclusive and absolute control over a
consideiahlc section of tiie Sonlh Atlantic Ocean, lyinu; directly in the path of the world's
coiiuneree, near the capes which mark the southernmost points of both heinis|)heres, over
the waters which for centuries ha<l cumieeted the shores of all continents, and uHorded
the commercial hi;jiliway iVosn and to all the |)orts of the world. The body of water thus
controlled, in the lorin of a circle neatly r>() miles in di^nneter, was scarcely less than "J.tiDO
Mliiare miles in extent; and whatever sliij) diircd to tarry or hover within this area miiiht,
regardless of its natiunality, he tbrcihly seized and summarily forfeited to the IJiitish
The United States had grave and special reasons for resenting this |)ercmptory
assertion of power by (Jreat Britain. On the .'Jrd day of .luiy, 1815, a fortnight after the
liatlle of Waterloo and twelve days before Nui)oleoii became a prisoner of war, an important
C'oimnercial Treaty was concluded at London between the United States and (ireat
Britain. It was ilie sequel to the Treaty of (ihent, which was concluded some six months
before, and was remarkable, not oidy from the character of its provisions, but from the
eminence of the Anieiican negotiators — tJohn (ijuincy Adams, llenry C'lay, and Albert
Gallatin. Among other jjrovisions of this Treaty relaxing the stringent colonial jjoliey of
Enjiland wns one which agreed that American ships should be admitted and hospitid)lv
received at the Island of St. Helena. Before the ratifications of the Treaty were
exchanged in the following November, it was determined that Napoleon should be sent
to St. Helena. England thereupon declined to ratify the Treaty unless the United
States should surrender the provision resireeting that island. Alter tiial came the
stringent enactment of Parliament forliiddiug vessels to hover within '2-i miles ol the
island. The United States was already a great Commercial Power, She liad l,^(ll), ()()()
tons of shipping ; more than .^dO ships bearing her flag were enp/'.ged in trade around iln:
capes. Lord Salisbury has had much to say about the liberty of the seas, but these
.■)00 American ships were denied the liberty of the seas 'vithin a space of .'iO miles wide in
the South Atlantic Ocean by the express autliority of Grcut Britain.
The Act of Parliament which asserted this power over tlie sea was to be in force as
long as Napoleon should live. Napoleon was born the same year with VVelliiu'ton, an ■
was therefore but 'iO years of age when he was sent to St. Helena. His cx|)eetation of
life was then as good as that of the Duke, who lived until i8.)2. The < ider made in
April IS16 to obstruct free navigatioir in a section of the South Athmtic i • .'i; therefore,
have been in force for the period of thirty-six years, if not longer. It aclu;.iiy proved to
lie for live years only. Napoleon died in 1821.
It is hardly conceivable that the same nation which exercised this authority in the
broad Atlantic, over which, at that very time, 8()0,000,0ti0 of peop.'e made their com-
mercial exchanges, should deny the right of the United States to assume control over
a limited area, lor a fraction of each year, in a sea which lies far beyond the line of trade,
wliose silent waters were never cloven by a commercial prow, whose iininiiabiied siiores
liave no port of entry, and could never be approached on a lawful errand under any other
tiag than that of the United States. Is this (government to understand that Loid Salisimry
justifies the course of England ? Is this Government to understand that Lord Sali.-hury
maintains the right of England, at her will and jileasure, to obstruct the highway of
commerce in mid-ocean, and that she will at the same time interirose objections to the
!•
;'*.
It
I
ft
II
*1
ti
M
Uiiitrd 8tat(>H cxciTiitiii^t lirr jiiriKdiction Ik'VoihI tlic M-iuilo limit, in ii rniioto ami iiniivil
ftea, lor the sole imrpose nl" pivm-iviiiy; the most viilii:il)li' liir-scul (ixla-ry in the wiiiid fniin
rcnii'(iili"<!« (Ifsiincliiin V
If (ircut Itiitain nIihII ('(in:'i(l(M' that tlio iiroccdciil set at St. Helena of DlHtiiiclirn
to till' tiaviijahlo wutorx of tlir ocean is too remote lor ))reMMit t|in>latiiin, I iiiviic }».(
attention to oiu> htili in exisienee. I'',ven lo-dav. while Her Miije-ly's (loveiniiii nt i,
nidini? oik* ot her I'oloiiies to destroy the Amerwoi seal lislu'rie>, anotlu'f ( 'olnay, vmii,
.icr consent, lias eslahlished a |iearl lisluiy in im area ol the Indian ()ce;in (KID milc^ wul,.
And *) complete is tlic as!«um|>lioii ol power that, aeeordinj; to Sir (iii)rr;e I5adeii-|'(i\vi.||,
H liceiUT-(eo is cidlcel<'il Ironi the xessels (Miu;iit;ed in the pearl lisheries in the open nciaii.
'I'he MttMMtcd power i;iii's to the extent of niiiKin^ loniun vessels that have proeiiicil ilnn'
pearU I'nr outside the •'^•mili* limit pay a heavy lax when the vc'^sels enter an Aiisiiiiliiin
port to land caruoes and relit. 'I'Ims the loreinn vessel is hedned in on linlh sides, umi j.,
l)onnd to pay the tax under Hritish law, heeimse, ns Sir (leon-e haden-l'owell iiilimiiles, tm.
voynifc to Hiiollier port would proliahly he more expensive than the tax. I ipiote rurtljci'
from Sii (Jeor(;e to show the extent to whieh Hiiti.sli assuniptioii of power over the Oc.iin
hi8 gone :—
"The rijjht to charge these diu's and to exi'reise this conlrol dutxiilf thr 'A-milr Ihmi
is hased on an Act ol the i-Vdcral roniu'il of .\ii»tralasiu, which (rcderal ("oiineil Aei, Inh;,,
see. 1.')) etuielH that the Conneil shall have legislative ant lioi ii y, ih^t iiZ/k, in < r.v/icc/ /„
Jishrrirs in Aimtralitiii wains oiinldr trrrilonnl limils. In ISSl) this (^oiineil passed nu ,\,.|
to ' regulate the pearl-shell and ln'rhe-ilr-mrr tisheries in .Xnstralian waters adjaeeni in ihc
Colony of Western .\iistialia.' In KSSS a similar Act l;ad heen passed, (Iculini; willi tin
tisheries in the seas udjacent to Queensland (on tliu east coast)."
I Rm directed hy the President to say that, on hehalf of the United Slates, he is
willing to ado|)t the text nsi'd in the Act of Parliament, to excl.ide ships from Imvciiii;'
nearer to the Island of St. Ileleiin than H marine leanues, or he will take the exaiii|i|(
cited hy Sir (ieori;c Haden-Powcll, wlieiv, hy permissien ol Her Majesty's ({overiiincul
control over n part of the ocean (it)0 miles wide is to-day mil lunizwl hy Australian law
The President will ask the (lovernmcnt of (Jrcat Mrilain to iij;reo to flic dislniicc di
t?t) marine Icasiues — within which no ship shall hover aionnd the Islands of i*^' ''mil ami
St. Oeorge, from the l.')lh May to the Iflth Octoher of each year. This will pro lieelivc
mode of preservinir the seal lisheries for the use of the civilized world — a m Vli, in
view of Great Hritnin's assumption of power over the ojien ocean, she cannot will:
consistency deeline (iieat Britain prescrihed 8 leagues at St. Helena; hut the ohvjmis
necessities in the Hehriim's Sen will, on the hasis of this precedent, justify '20 leaifues lor
the protection of the American seal lisheries.
The United States desires only such control over a limited extent of the waters in ilic
Mehring's Sea, for a part of each year, ns will he suHieient to insure the jirotection of tin'
fur-seal tisheries, already injured, possibly, to an irreparahle extent hy the intrusion dI
Canadian vessels, snilinu; with the encouragement of Great Britain nnd protected hy iici
tin);. The gravest wrong is committed when (as in many instances is the case) .\ineriean
citizens, refusing ohedienee to the laws of their own country, have gone into partneislii|)
with the Hritish flag and engaged in the destruction of the seal tisheries which heloni; td
the United States. So general, so notorious, nnd so shamelessly avowed has this praitiiv
become thnt last season, according to the Report ot the American Consul at Victoria, when
the intruders assembled at Ounalaska on the 4th July, previous to entering Behriiiij's
Sen, the day was celebrated in n patriotic and spirited manner by the American citizxiis.
who, at the time, were protected by the Hritish ting in their violation of the liiws of their
own country.
With such agencies ns these, devised by the Dominion of Canada and protected by
the ling of Great Britain, American rights and interests have, within the past four years,
been damaged to the extent of millions of dollars, with no corresponding gain to those whu
caused the loss. From 1870 to ISOO the senl fisheries — carefully guarded and preserved—
yielded 100,000 skins each year. The Canadian intrusions began in 1886, and so gieiit
has been the damage resulting from their destruction of seal life in the open sea surrounding:
the Pribyloff Islands, that in 1890 the Government of the United States limited the
Alaska Company to CO.OOO seals. But the Company was able to" secure only 21,000 seiil:^.
Under the same evil intlucnces that have been active now for five seasons the seal lisheries
will soon be utterly destroyed, tirent Hiitain has been informed, advised, warned over
and over again, of the evil elfects that would flow from her course of action ; but, against
testimony that amounts to demonstration, she has preferred to abide by personal repre.
r,r,
.)iH from Oltiiwit, liy l(<'|ii)i'tit of (^ontiiiiNHiniirrH who cxnininrtl nntliiiip, mid lu-iiid
uiitliiiit:, «'X(('|)I the Irsiiniony oC iIiohc nipmcd in llu- luisiiii us imniiist wliich llic Uriilnl
Sliilio hii^ nuiifNlly iirnli'^lcd. She iiiny |pi,n.*il>ly lie coiiviiiciMl (d llic dniniiKo if alic will
Mini III! iiili'lli^i'iit ('iiriiiiiiNsioiuM' tii tlic I'lilivlidl Isliiiids.
Iiimiund iiiiswir to idl tiiiKc liulN, (Jiciit llritiiiii uiiiioiiiiccn lliiit she is willing to
Mtllt' lilt' di!i|iut(' liy iiiliilnilioii. Hit pioixmiiion in coiiluiiicd in tliu following.' |iiitKgru|ib,
aIiIi'Ii I i|Uot(> ill foil ;
•' I liiivf lo ninicHf tlial you will fommniiicatc ii copy ot thin dftipiilcii, iind of its
iiiiliwuit's, 1(1 Mr. Itliiiiic. You will Hiatc timt Her Mnii'Nty'n Ciovcriiiiu'iit Imvf lui d<'*ire
wliflrvcr lo itliijtc to tlic Unitrd Htiitis any jurisdiction in UcliriuKK Scii wliicli wn«i
(iHU'cdi (I liy (ii'cat llrilaui to KuNsia, and wliicli |iro|i('rlv nccruj's to tlic prcucnt pimscnnorfi
III Alaska in virtue of 'rrciilics or the law of nalioun ; nnd tluit, if the Diiitcd Si tt-s'
(ioviinnicnt, after cNundiiution ol the evidence and aruun\euts which I have |)ro(luc<'(l,
siill ildler Iront them as to the h'«ality of the recent caplurcs in thai mh, thcv lire ready to
ii^ire that the ijucKlion, with the issues tiiat de|icnd upon it, hIiouIcI la* rclcrred to impartial
iiiiiitralion. You wdl in that case he authoritcd to coPHidcr, in concert with Mr. Hluinc,
llif nulhod of proccdmc to ho followed. "
In his annual Mt'Rsu;;c, scn^ to Conj,'rcHS on the Ist of the present month, the
i'ri'sident, speaking,' in relation to the lk>hrini;'H Scu (picjition, said : —
"The oder to sniinut the (|uestion to arhitration, as pro|)osed hy Her Majpnty's
(iovermnent, has not hcin accepted, for the reason that tlic form of suhiiuHKion nroposcd
in not thought to he ciilculaled to aHnure ii oonclusion mitisliu-tory to either |iarty.'
In the jiidKincnt of the President, nothing ol importance woidd he settled hy proving
llmt (ileal Itntain coiK'cdcd no jurisdiction to Russia over the seal fisheries of tho
Hi'lniiitf's S(';i. It mif^hf as well he proved that Uussia conceded no jurisdiction to
Kiigland over the Hiver 'riiamcs. My doing nothing in each case cvcrytliiiig is conceded.
In ni'ithcr cast; is anything asked of the other "Concession," as used here, means simply
aniiiif.in'nri' in the rii;hlfulness of the title, and that is the only form of conccssioii which
Russia asked of (ireat Urifain. or which (ireat llritain gave to itussia.
I'lie second otlcr of Lord Salishury to aihitrate atnouni simply to n ("uhmission of the
(|ii('stion whether any country has a right to extend its jurisdiction more than one marine
Itftfjne from the shore? No one disputes that, as a rule; hut the tpicstion is whether
tlarc may not he exceptions whose i-nforccment does not interfere! with those hiiihways of
(■(laniicicc which the necessities and usage of the world have marked out. (ircat Britain,
wluii she desired an exception, did not stop to consider or regard tlu; inconvenience to
which the tommcicial world might he suhjcctcd. Her exception placed an ohstacle in the
lii({liv\ay hetwecn continents. The United Stales, in protecting the seal fisheries, will not
interfere with a single sail of comnwrcc on any sea of the glohe.
It will mean something tangihic, in flw President'^ opinion, if (ireat Hrifairi will
consent to nrhitratc the real (piestioiis which have heen under discussion hetwcen the two
(iovermnents for the last four years. I shall endeavour to state what, in the jud);mcnt of
the President, those issues arc: —
I. What exclusive jurisdiction in the sea now known as the Bchring's Sea, and what
exclusive lights in the seal fisheries therein, did Russia assert and exercise prior and up to
time of the cession of Alaska to the United States?
'J. How far were these claims of jurisdiction as to the seal fisheries recognized and
conceded hy (Ireat Ihitain?
M. Was the hody of water now known as the Bchring's Sea included in the phrase
"Pacific Ocean," as used in the Treaty of 1825 hetwcen (Jreat Britain and Russia; and
what riglits (if any) in the Bchring's Sea were given or conceded to Great Britain by the
snid Treaty ?
4. Did not all the rights of Russia as to jurisdiction, and as to the seal fisheries in
Bchring's Sea cast of the water houndary, in the Treaty hetwcen the United States and
Russia of the .'iOth March, 1807, pass unimpaired to the United States under that
Treaty ?
;■). What are now the rights of the United States ,18 to the fur-seal fisheries in the
waters of the liehring's Sea outside of the ordinary territorial limits, whether such rights
prow out of the cession hy Russia of any special rights or jurisdiction held by her in such
fisheries or in the waters of Bchring's Sea, or out of the ownership of the breeding
islanils and the habits of the seals in resorting thither and rearing thifir young thereon and
going out from the i. laiids for food, or out of any other fact or incident connected with the
relation of those seal iisheries to the territorial possessions of the United States !
^ i
lil'^i
^
(0
I
po«iHim \\\\\\ ll\i< ci'iiniir.m'O nl lin'iil Hnlnin U mci'i'iiiv in |tii"M'iiliiM!f lli'!ti|i|iiiuiin inr
ll\i' liillinn ol ilm iin-i(':tl \ii inn j'lnl nl ll;i' Wiilni nl )lclniiiu''> '^'"I'l ll'i'n It «liiil| |i|<
• nill»«>i ill \<"inini'il ■ (\) How Im, i( id mII. onNiilc (In' nnlnMnv Iniiitniiiil hiniu ji j,
«r(i'«'»in\ tl«i»t [\\v I'nilril Sind'^ ^l\^MlM i \>'H'(i>n iin I'*' hi«i»'i> jniiiilii'linn In nnlit |,,
|(i(»ln'( ,;\(> scmI iW tln> lime livinn npon lln' i-<lnn.lM nl' llu- I'nilinl MlninM mnl I'l'iMlih); ilinti.
J\-(\M« '' y>\ \\ lii'iln-i n ilnsoil si'iimm ^ilmim; wliifli tlir killin« nl mcmIm in ||ii> wnlcmnr
Urlninti'M SiM nnl«iilo (l\c iMilinin\ h'liidniiil limit < -iliiill In' |niiliiltil''il) ix niM'i'«qin\ In qmii
ll»c t,>n| (iMl\ii\.' nuliixliv, >•«< vi\liml>li' ,inil iin|n>rltn\l Ik niiniliiml. (\nin ili-Ici inriniiiii tir
(IcKiinclidn " And, il »n, [;\) Vlmt n\i'nllii of iMnl" nl nn>nlli« olinnlil In- inrlmli'il in
>«n>'li «.nH,>n, innl n-, cc \\l(»t wnlci'* it «lnniM cxtoinl >
\'h\' i>>p«'inoil n<>«n(ii«its timl lln> <M»vt>i'inn<'nl ol lln- I'nili-il N(i\l(<« ilcniinnlo 'imi Hki
Ui-lninu.'x >o,\ l>r |>n>i\o\nu'' d >»<Vf n'rUivinM \\\v willinnl (tnnnluliun. I'lii- < lininininil
lin* nr\«M I'linnii d II \nd n\'\i'r iliwiiod il It i^|Mr'!'<lv di'^imnvi it At lln> uiniir liim.
Uw V\\\\v\\ S(,ni>« dnoo not l.n'K nl>nndin\l inillioi il \ . ini'inilinM. (n tlin iddcil l'^|lllnl'lll^ nl
n\t<ini>lionid l,n\. t'lM- Inddnni n small itH'tinn o( ttir Mrlninu''" K"M lin |l\i' |Miili'i'linii nl
tl\\' t'm'-M\ds rin\tioll\nu u ((Mnnmulivolv i\"«l'.ivt' d innii nl wiili'i- lof limi nnc mn'cilli'
|>ni|>i»«o ■.« I>\ no mi'ini" tin' ri|ni\;»li'nt ol ilciLnin-i tlii- mch, nl ini\ ninl llii'it'nl, Mi,Mr
i'/fU,vw»M. \i'.\n !i 1\ !in\ nnin\« «n k. lioiw ini nli«irni>|ion im Uii'mI Miititin iimnnii il in
nirtlw' n\ tlio Sonili Vtlinii, , noi i** s'loini'lli'^'* .m intcill' nnro witli tin' nnnmiin !»« nl |||i>
<n^\ ;w i« \n!nnl;in\;'>l In Hun 'i nnilioiilN todiw in llic Inimn Oimiiii. 'I'lii' I'lnnidi'iil ilni'«
n\>», l\<i\\t'\oi', d(«n(' lln' i. • . |'>>'»t|>nni>\<\onl wlinli ;nt nMinnniilinn of li'i'.nl inilliniiijr*
<\>M\i I'lpiiin !•< ri\illinn<i>' iind Koi'i would \n\oiM', lie lindx lii« own vii'\^^ well
i'\|'i\"<>i\'il l<\ M' . riu'lpx, \'nv l;\ti' Mininlor to I'nnl'nid, wlii'ii. iillt'r I'liilinn to m'niiii' ii limi
nn'!\na>'niv'n( v\ut> t!i\in Ununn toniliinjl tl\o >cid li^lK'ni's, lir vmoIc iIio lollouinii in his
v'lv'"'ins; (>Mninniii> ,n\\'n i>< l\is \>\m\ tio\«>i nnnni, I'Mli Si'|>li'nd'i'i-, IM"^':
'* Mvu II lo.'ivmiiii 111*" l'>'''n r\|'i'ndid n|'Oii 'In- diuiMi'jaion ol llic nl'slinol i|i;,>'ilii'ii nl'
tll»" lisilil I'l »N(itr «"/<-.w,vn''i, I \|n in'l >oiv..i\.' il 111 l<i' il|i|i|li'(llili' (ii till' pii"»i'nl I'linr.
■ U«i>' Is 11 x.diiiiMo li'*ln'i\. i>n»l i\ liii;.io iind. il |nii|iril\ nnunincd, |n'iiniiiu>nl
in\iiisn\, i' |MM|'iit\ ol ilu' ii.iiioi.s on wIioho slniics it i« omiird on. Il im |)in|in«i'il liy
»Ih' V\'lon\ vii i\ (iMOiiin iiiUion. in dili.inn' o\' tlio joint ii';non'<irMni r ol nil llio coiiiiiiii'M
inUM\>si'Ni. (■.! liostiox \\wi l>nHii\i'.s \\\ ilio nnlwriinnnuh' s!;nio,lil('i and nxtoninniilioii nl
tl»o i\ un\>ii« m »)ni'-iion. 'i ilio oncn lunililinniinn si'ii, diiiinu tlin jn'iioil nl m'Mliiiinn,
whon tlio ^^v\\mvM\ div-uilr'i oi inmiinilv on>jl\l to pioli'i'i tlii'in, wcit' tlii'in no inliivHi n\
tM \\\\^\\\\si. And u IS !ni>is.o'(oii tliMi wi- nil- |iii'\rnn'd lioin di'ii'iiding oniiolvi's iii{iiiiiit
enoh ({< |^r^\i^»^i\^n<> lioo,ni>.»' lln- Mil iit ii i.-iunii ilmiaiii'i' tioiii llic t'o;isl m lii'i'.
" I'iu- Ninii- Inu" o( iiij.niwv'iil would t Ki' nndoi it'* urolrclion |inii('\ iiiiiMlir Mjnvi'
Vc^do wl-.v-n j>i\>MViiu\i m ilio open mm. oi woiiM jii'^lilv otu^ luilion in d('«lroyiii", i\\v
o.vunu'iw o; ;>i;otlu^i l>\ j'i,>*'in<' danirvrons oli'-i nut ions nnd diirlicis in tin- oju'ii sen lu'iir
it* ^NVNSts. Thoix> flio "Wrtiu things tint oaniiol l-o allowi'd to hr doin' on (ln> ojicii sen
<\ith unjnuiitN. «r.d ak^anist whii'li oxoiv voa is i>i.!)c r/.iKMoit , and tin- luiln ol wi'ir-dcl'riuc
»s to |vr>\Mi .uui p(\'|vriv jMTvails tlion' as tnilv as rlscwln'ic. Il the (IhIi ii|ii>ii ilic
V^«im.'ij»;i v\v»«ts v\>uKi Iv vli >:ti\>\i'd In soattiiins; poisnii in tlio o|i. sea adiac'iil willi
s.MMO !>in»li )>i\Mit to thv>!io onmivswl \\\ it. w>wild (.'aiiada. npon tlio jiift |Mini'i|ilrs nl
intom.i»ionj«l l^«u. Iv lifid vU'toiuvloss m siuli a oasi' ': Vit tliitt proc'sN would In- no mmv
ilevussOtivo, inliuni8U. and wanton than tliis.
"It jMwodonts aiv wantins; li'r a »lct't'iu>»' so nooi'ssarv inid so |iro|i('i'. il is Ih'cium'
ptxvovionts lor siuh a >vui>o ol i\'ndn»t aii- lik'.'wiso iiidviiown. Tlio lust iiiln'n-ili')iiiil
Ua h,<s .-^nstMi tV.vu prvwsionts tli.'Xl have bcon cstalilisliod wln-n tlio jiiMt owa»'ioii lor lliciu
Ai\\<i*-. uiuiotcnwi by the oiscusMon ot" abstract »u»d inaiiciimUo iiiU'c '
I have, &('.
i%m'd) .lAMKS C. ni.AINH,
liH'liixMcn (A),
f'liiM'CM'""** hvhfi'Vit III!' t'liilvil HIiih'H mill tUmnlil ii'hilh'i' In Niiviiiiillnii, Mnliini/, unit
'I'litihlliJ ill lllv f'llrillr Oiriiii. iiilil In hl'ilnlili^ihliiriihi nil llii Ninth tVrul Cnilil.
I'liiiiliiili'il liiitil 17, Ix'/ll linlilliiilinnn I'irliiinyril III WimliiiHiInn, Jiiniinni II, iMijr*;
Viniluimi'il >)iin\iiiiii \'?, \>'IU.
In Ihi' NitiiM' ifl' til" ^\n•\ IImIv iiimI Iii>II«I«II>I» 'I'lliilly.
Tlll'i l'n'«lilt>ii(. dl'lln" lliilli'il HliiltM (i( AiiMili iifl IliM Mmm'mIv Uic Ki(i|>»>ror of All
llii> IIihhIiin, wlnliintr In i'iiim'hI IIic liim.'u nl ntiiily wlii( li iiinli' llifrn, iiinl Id Hiciird
ln'IniM'M Ihi'iM till' liivmiiilili' iiiiiinli'iiiMMi' nl' ii |ii'iiril cniirniil, liv iiD'iiiiM nl Itin \iri'mii\,
CiinvniliiiM, liiiv nniiH'il im llii'ii l'l)'iii|Mili'Mliniii'q In IIiIm fll'i'il, In wil '
Tlic I'lcniili'lil nl llitt lliiiliil NliilcM nl AiiU'licH, lit MI'V Midtlli Inn. ii lili/fii nl «niil
Sliili'ti, tiiiil llit'li I'liivnv I' tilitiniiliiiiii V mill Miii'mti'i l'li-ni|inli'liliiirv ot'tii 'li** fi(t|if'i'iiil
\|ii|i'alv; itiiil lll'< Miiji'olv llii< Imiijii inr nl' All llii' Miinuiiia, llitt iifliivil iiiifl riiitliriil
rliiilji'i llnlii'll, I'niilil nl' Nt"<«fliiii|c, Ailliiil I'livy < 'niintii'llnr, Mi'inln'r nl' llic rniiliiil nf
Sinit', Sii'ii'liii V III Sliilf iliii I'liiin tlit'iiiliiiiiiiMliiilinii nl' rnri'i«ii All'iiim, A' I mil ( 'liiii(it»tiliiii(,
Knl)tlil nl tlif Oitlt'i III Kl. AlfKimtlii Ncvsky, (lifiiiil Crimt nl llm Ocdii nl' Ml,. Wliiilitiiir
111 I III' llitl iltit»«, Kiil|>li( III' I lull III' llin Wliili' Iv'i/lit III' I'liliiiitl, 'Jntitd ( inuM nl' tlif Onlnr
III Hi, HIi'|iIii'II nl' I liiti|>iii'v, Knlpjil nl' Ihn Onlim nl' lln' I Inly Olinql iiitil Hi. Miiliiti'l, ntitl
lllilllil (inuM nl llii< liifiinli nl llntliilll' nl I'liiliii', Kliinlil Ultllnl ' 'rn^^ nl llin Oitlfm nT Ult
IHiii'lt (Hill III' lilt' Mt'il Mh(;Ii' nl i'tii««iii, nl llii> Aittiiitii'iiil inn nl' Wiiiijltiiii, {i\' flmtlfq III «if
>|iiiiii. Ill SI. I'Vi'iliiiiiiiil tiitil nl'iVli'iil nl Nit|i|i'M, nl llir l'"/li jilmiil nl niiiitinik, iif tlii' I'tdnr
Sliii' 111' Stvt'ili'ii. Ill ||ii< Cir VII III WHiltiitlitiK, III' III!' <itii'l|ilm nl' lliuinvir, td Hit- l!»'l«i»!
l.iiHi, III I'idtdilv nl' lliiili'M, niitl nf Kl. ('nimltiiiliiif nl I'miiiti; iiiitl I'ifrif dn I'ldidjfii,
/\iliiiii ''niiiiMidlnf III Sitilf, Kiiiiflil nl' llii^ Oitlt'f nl'KI. Attn'' u\ llif liiil iltm«, iind Orttrid
Ci" . "I'lltf Olilrf nl'Sl. Wliiditltil III' lilt' Hi'inllil ;
Willi, nrii'i Ittiviiiii I'xi'liiiiiiMil III. If Ifill |inwi'in, fniiiid in ^nt/d and iliin iiuriu, Itcvt)
I njiiTi'il ii|iiiii iiiitl nIkiii'iI ||ii> Inilnvvitt^; nU|iiiliitifiiiH :
Aicnci.K I.
il i'> iip.h'fil lliiil. ill ttnv |iiiil III llii' (Jii'iil Ocfiiti, intntiintily tttllfd Ihc I'lKiDc Ori^tift
urSiiiilli 'I'll, llii' tt'M|it'i'(ivt' t'ilJ/iMii tif Riilijrf'lH nl' till- MikIi ('nfilr(it;rri;< l'n*«Ta ^ludl Ix;
iii'illiri- ili-iiiilii'il lint' ii'Hliiiiiii'd, cillii'f ill tiovii^itf inn nf in lixliitiK, nr in tlif poAtir f»f
iri^iiiliii}; In liii' riiiiMlM, it|iiiii |iniiiln wliiili niiiv iinl idri'iidv imvii liifii n(fit(»ifvl fnr flio
|iiM'{iiiui' nl' lllltlln^ Willi lilt' niilivi'ti, tiiviii^< iilwiiyi* tJtn fiiR'ric.t.innn find r^nntlititintt
'Hi'iiiiiiu'il liy the rtillnwiitg Arlirli-s.
IM
I!. ni.AINE.
AHTICIJO II.
Will; ;i vi(<\v id" |ifi'vi'nliit|.', Ilif ri|?,lilM id tiiivi|^iilinti mid nf TmliitK^ t-xiTfiwi'd ti(;nti Uit;
(iiriil Oci'iin liy till' cid/i'lin iiliil milijfflM nl Ilif Iiinli ( 'nliliiieliiiK I'nwfrt Itnin l)f(:orriiri(/
llii'pnd'Hl I'lif mi iil'il linili', il \<\ it(',fi'i'd Hint tlir .-ili/.t'tm <d' the IJnilcd .Shitt!^ tdndl nnl
rr»iirl, In miy |iniiil wlit'ti" llii'i'f \* it l(itH«iiiti t'Mliii)ri!tliiti''iit v.itliiiiit, flit; (ii:rini«>iit)ri nf
llu' (invt'iiiiir nr I 'ninniiiiiilrr ; Mini llnil, ffii|»f(itiilly, Un; wtdijft ft of M.ii».«i(i «lnill not
ri»ii|l, williimt |M'fiiiiNHi(in, In iiiiv t'HtiiltliHlittunl id' tlif Unitid Kt,ttt<'H upon tin; nortli-
ivi'Kl riiiml.
AKTICLI'. III.
Il Ih nioriiovcr uni'wil tlml, liiTfiiHi f, Ihtrc nlmil not li fornnil liy Hifi f;iti/t;r»'« of the
I'nili'd Sinlt'K, III' iinilcr lite iinlliDiily nf Ilif hhuI Slut •<, ;iiiy fHttildnliinffit ii()Ori tlifi
iiurlii-wcsl cdiiHt (il Aiiti'iifii, nnf in unv nf tin iiliiiidH nrljtifcnl, to the ntjrth of .M' If)'
"Inoiiii liiiiliitlo ; niiil Ihiit, in Mif miiiiii! iniiiiiiiT, thiiro ^IihI! hi; nonf formed hy KuH^ian
siihJL'cts, Of under Ilif iiuflittfity of HimKia, Hontli of the ttiinto (mrnllcl.
AKTICLK IV.
It is, lU'VfiliiflfSR, uniii'i'Hloiid lliat diifin^ n term of ten years, counting from the
signature of Hit! |iiT,si'nt ('ntivetitioii, the ships of hotb I'owi;rH, or which heiont^ to their
I fiti/oiis or HuhjtH'tH resiicetively, miiy reeipi-o'iiilly freijiient, without .my hindrance
I whatever, tlif iiiturior huuh, guilt), ImrhouiH, luid jrt.-eks upon the coast mentiotied irj the
m
* Trnnilatiun from llie original, ttrliioh ii in the French Ungiuig*.
t
I
|i
¥
58
preceding Article, for the purpose of fisiiing and trading witli tlie natives of the
country.
AllTiCLI-: V.
All spirituous liquors, fire-arms, other arms, powdcM-, aiul munitions of war of evorv
kind arc always cxceptc-d from tliis same; commerce pcrmiltcd by tiie prcceiiii);j; Anicle.
and the two Powers em:a_u;e, reeiprocally, ncitlicr to sell nor suffer them to he sold to the
natives by their respective citizens and subjects, nor by any person who mny hi; under
their authority. It is likewise sdpuliited that this restrietion snail never afl'ord a pretext
nor be advanced in any case to authorize either search or detention of the vessels, seizure
of the merchandize, or, inline, any measures of constraint whatever towards the merchants
or the crews who may carry oii this connnerce; the llij!;h Contraetin]u: Powers reciprocallv
reserving to themselves to determine upon the penalties to be incurred, and to indict
the punisiuiicnts in case of the contravention of this Article by their respective eiiizensor
eubjeettt.
ARTICLIi VI.
When tills Convention shall h-ive liecn di)|y ratified by the President of the United
States, with the advice and consent ')f the Senate on tiie "lie part, and on the other
by Hi* Majesty the Eniperor of All the Russias, the ratiticatioiis shall be exchan''eil
at Wasliiii!<t(m in the space often months from tiic date iielow, or sooner if possible.
In faith whereof the respective Plenipotentiaries have signed this Convention, ami
thereto affixed the seals of their arms.
Done at St. PetersburiJth ihe.'ith (17tl)) April, of the year of Grape one thousand eight
Juindred and twentv four.
(Seal.) UKNiiy illUDI.jCrQN.
(Seal.) Le Comte Clj/VULliS OK NKSS.'W.UOiJt.
(Seal.) PIHliKK |)E J'OLia'iCA.
Convention hclircen Great Britain and Husnia. — Snjncdat St. I'l-.'cr.lninjii, I'dtniani 1G(L'-1,
\S'25; Presented to Parliament May If,, 'H2f}.
Ill liic Nairn' of till" Most Holv and I'mliviiloil 'rii ty.
His Majesty thp Jxingof the United Kingduiii of (jieat Urii lin and Ireland, and iii;
Majesty the /imperor of All the Russias, being desirouj of drawing still closer tiie tiesni
good understanding and friendsliip wliieh unite lliem, by means of an Agrceineiit which
may settle, upon the basis of reciprocal convenience, dillerenl ]K)iiits connected with Iho
co'.imerce. navigation, ami fisheries of their su'ijeets on tiic Pacific Ocean, as well as tlio
li?iiits of their respective possessions on the nortii-west coa^t of America, have naniKl
Plenipotentiaries to conclude a Conv Milioii for this purpose, that is to say :
His Majesty the King of the i'niled Kingdom of Great Hritain and Ireland, thi
Right Honourable Stratford Canning, a Member of ] lis said ilajesty's Most Hoiiouiahlf
Privy Council, &c.
iTind His Majesty the Emperor of All the Russias, the Sieur Charles Robert, Count de
Nesselrodc, His Imperial ^lajesty's Privy (councillor, a ileinber of the Council of the
Empire, Secretary of State for the Departtnen'; ot Foreign Attiiirs, iSrc; and the Sieiir Pierre
de Poletica, His lm])erial Majesty's C jiiiicillor of State, &e. ;
Who, after having communicatea to each other their respective full powers, found in
goou aad due form, have agreed upon and signed the following Articles : —
ARTICLE I.
It is agreed that the respective subjects of the High Contracting- Parties shall not he
troubled or molested in any part of the ocean, commonly called the Pacific Ocean, eitheiin
navigating the same, in fishing therein, or in landing at such parts of the coast as shall not
have been already occupied, in order to trade with the natives, under the restrictions ii:;d
conditions specified in the following Articles.
ARTICLE II.
In order to prevent the right of navigating and fishing exercised upon the ocean bv
the subjects of the High Contructing Parties from becomiug the pretext for an illicit com-
ttsam
k; tliousmiil eidit
liSS.'.LUOi)!:;.
powers, found in
m
iiprcc, If ii^ (i-irptl tlifif flu' Rubjecfs of His Hlitatifiic Majesty shall not Ittfid at ttHJr |Jlilt'«
wlit'ie iliii"'' "niy lu- a |{ti!siaii cstabli-liiiioiit, witliout tliu pertiiission of the Governor i)f
('oiii(niin<l'""t '• '""'' '■" '!'<-' otlier liaiiii, tliiit ilu<sian subjects tihall not land, without
ln.'miis.-ioii, at iiiiy Ihitish istublii-hniciil on tlic north-west coast,
;; AIITICLE III. . ■
The line of (hiiiMrcalion liotwcon the possessions of thi; Hit>l! Contracting I'artics, upon
till' coast of ihc continent and tli(! islands of America to the iiortli-vvest, slmll be (h'awu in
the imini!('i' followinu; : —
ConiMiencinu; from tiie soutiierninost point of tiie ishnid called Prince of Wales Island,
wiiicii point lies in the parallel of .')4° 10' noitli latitude, and between the Mist and
(lie l,'i-'M(l(le,!;reu()f west lonj^itude (ineiidian of {Jivenwieh), the said line shall aSceilfl to tile
noitli aloii,u: the channel called Portland Channel, as (ar as the point of the confiilei\t whetc
it strikes the ("itith dej^^ric of nortii hititnde; from this last-mentiotied point the line of
ilcmareation shall follow the summit of the niouiitains sitnated parallel to the coast, as ftil-
as the point of intersection of flic IMst dcfjrec of west longitude (of the same tnelldian) ;
iiml, fiiiallv, from tf.c said jjoint of inteisectior., tlie said nicridiai' line of the 14 1st denree,
ill its prolongation as fiii' as tiie Frozen Ocean, siiall form the limit between tiic Russian
and British pi)ssessi')ns on the Continent of America to the nortli-west.
ARTiCtE IV.
With reference to the line of demarcation laid down in the preceditig Article, it iS
understood :
1. Tliat the island called Prince of Wales Island shall belong wholly to lltissid.
;;. That wherever the summit of the mountains which extend in a direction parallel to
the const, from the afjth djgree of north latitude to the point of intersection of the
1-llst (iej^ree of we>t longitiide, shall prove to be at the distance of more than 10 marine
lea;;ues from the ocean, tf.e limit between the liritish possessions and the line of coast
which is to belonu: to Russia, as above mentioned, shall he formed bj a line parallel to the
wiiulinzK of the coast, and which shall never exceed the distaiicd of lO marine leagues
therefrom.
ARTICLE V.
It is, tTldrcover, atreed that no establislnnent shall he form d by cither of the two
Parties frithih the limits assigned by the two preceding Articles lo the possessions of the
other; coilsequehtly. British subjects shall not form anv establishment either upon the
coast or upon the border of the continent comp>riscd lin the limits of the Russian
possessions, as designated in the two preceding Articles; .iit<l, m like rnannei', no establish-
ment shall be foimed by Russian subjects beyond the said limits.
ARtlCLE VJ.
It is understood that the subjects of His Britannic Majesty, from whatever quarter
they may arrive, whether from the ocean or from the interior of the continent, shall for
ever enjoy the right of navigating freely, and without any hindrance whatever, all the river»
and streattis uhlch, in their course towards the Pacific Ocean, may cross the line of
(Icmarcatiou upon the line of coast desctibetl in Article III of the present Convention.
ARTICLE VII.
It Is also understood that, for the space often years from the signature of the pre»iriu
Convention, the vessels of the two Powers, or those belonging to their respective sulv . is,
shall mutually be at liberty to frequent, without any hindrance whatever, all the inland
seas, the gulfs, liavpns, and cteeks on the coast mentioned in Article III, for the purposes
of fishing and of trading with the natives.
ARTICLE Vlli.
The por*^^ of Sitka, or Nox'o Archangelsk, shall be open to the commerce and vessels
ol British subjects for the spaed of ten years from the date of the exchange of the ratiHta-
tions of thd present Convention. In the event of an extension of this term of ten years
[95] 18
Ml
^
60
beinp granted to nny other Power, the like extension shall bo granted also to Great
Britain.
ARTICLii; IX.
The above-mentioned liberty of coinmeKio shall not apply to the trade in spirituous
liquors, in fire-arms, or other arms, gunpowjler, or other warlike stores; the HJKh
Contracting Parties reciprocally eni<au:ing not to perniit the above-mentioned articlcH to be
sold or delivered, in any manner whatevor, to the natives of the conntry,
AliriCLE X.
Every British or Russian vessel navi{!;ntinfj; fho I'.icitic Ocean, which may be compeileil
by storms or by accident to take shelter in the pons of the respective Parties, shiill be at
liberty to refit therein, to |)rovi(le itself with all necessary stores, and to put to sea iiniiin
without paying any other than |)ort and lighthouse (luis, which shnll be the same as those
paid by natinnal vessels. In case, however, t' ., master of sucli vessel should be under the
necessity of disposing of a part of ills nierehandi/e in order to defray his expenses, lie sliall
conform himself to the Regulations and Tarills ol the |ilaiT wiiere he may have landed.
ARTICLE XI,
In every case of complaint on account of an infraction of the Articles of the present
Convention, the civil and militarv authorities of the High Contracting Parties, without
previously acting or taking any ibreible incisure, shall make an exact and eireumstantial
report of the matter to their respective Courts, who engage to settle the same in a frietidly
manner, and according to the principles of justice.
ARTICLE XII.
The present Convention shall be ratified, and the ratifications shall be exchanged at
London, within the space of six weeks, or sooner if pos^ .ble.
In witness whereof the respective Plenipotentiaries have signed the same, and li we
affixed thereto the seal of their arms.
Done at St. Peteisburgb the IGth (28th) day of February, in the year of our i^cii
One thousand eight hundrcil and twenty five.
(L.S.) STRAJi'ORI) CANNING.
(L.S.) The Count I)K NESSELRODE.
(L.S.) PIERRE DE POLETICA.
Inclosure (B).
List of Maps, with Designation of Watrrs now known as the Behring's Sea, with Date and
Place of Publication,
[In tlioso Maps fho wntors soiitti of Holiiiiijt'« Sea mo vn
Pnciliiliie, Stillos Mcer ; llic Great Ooiaii, Uramic Mer. (in)>su
Mor (In Su(i. And tlii'V nve ajjuin furilicr ilivii]
Vavtie du Nord de In Mrr du Siid. I'artir du Nm
anoui-ly di'sii;nnti'(l ns tlic Pacific Occnii, Ocean
Oeran ; the (iieat South Sea, firosse Sud Sec,
and the noithern part deKi;'iiiilod ns North I'ncifie Occiin,
hi Grande Mer, Grand Oeean Boreal, Ntirdlischer 'i'hed iKs
Grossen Sud Mecrs, Niirdlischer Tlicil des Siili n Meers, Niirdllsche StiUe MeerR, fee. In nil the Maps,
however, tlie Pacific Ocean, under one of these various titles, in desij;;nuted separate from the sen.]
Name of Maps, &e.
Name of Sen.
I'liee of Publication.
Date.
Accurate Chnrte von Nord Amerikn, from
Sea of Anndir . , .
Unknown
the best snurees
Map nicde under direction of Mikhncl
KamtschntskiBclies Meer , .
St. Pntorsburgh
Vii
Gvosdi f, Survevor of the Shcstnkof Ex-
pedition in 1730
Mapp^ inondc, by Lowitz . . . .
Gecjiraphicnl Atlas of the Bussinn Empire,
Mare Andiricum . .
Berlin . .
174fi
Kanitsehatktt or Beaver Sea
St. Petersburgh
174S
Alexander V'istchinine
Carte dc I'Isle lic leso, coiTccted to date,
McT de Knmtschntka
Paris ..
1754
by Philippe Bunche, Academy of
Sciences, »nd Geojfmpher to the King
■ ■:
also to Great
dc ill spirituous
res; the lli^ii
;d articles to be
ay bo compelled
tics, sIimII be at
ut to scii iii;iiin,
c aaiiie as tJiose
lid be uiuier the
pciiscs, lie siiall
lavc landed.
s of the present
rurtios, without
d circumstantial
1110 ill a frieudly
}p exchanged at
same, and Irwc
ear of our i.oai
INING.
SSELRODE.
iTICA.
, with Date and
[icific Ocean, Ocinn
I'll, firosse Slid Sec,
Jortli I'ncific Oi'oun,
[(irdliscliei- 'J'lii'il dcs
III nil till" Maiis,
! SCft.]
iun,
Date.
Unknown
• I
Vi-i
• •
1740
• •
171S
■ •
1754
Nfttno of Maps, itc.
Miillir'H Mnp of lli« l)iHci)vcrii'» by the
ItuM»iiiii» on tlio Nortli-VVoKt Count of
.Aiiu'ricn, prepnrod for thn Iniporiiil
.Acnilciiiy of Seioiiccs
jVAnviUu's Mnp of tlio WcHtcrn I'o'rni-
•plllTC
.Mniiol' IIriniHphi:ro Hcptuntrioii»l,1)y Count
lloilll'in, published uy lloyal Aciideiny
of ScicnccK
Mnp published in the " London Miij{iizino "
Mnp liy S. Uelliii, UnginctT of the Koyiil
Acnilemy
Nouvello IJiirto den Decouvcrtcs pnr leg
VnissiMiux KiiHRen '"ix colon iueonniics
(le rAnitrifpif Sei)tciitri..nalc; MUllor
Jolfcry's Ainerieiin Atlns, prinled by
It. Silvers iind J. Ileniictt
jtonii Mnp from I'liris to Tobolsken
llinvje's AtliiH ; .Mii]> of the World , .
Mnp of the Kastern purl of thi! KiWBiun
Territory, by J. 'I'riiscott
Mnp iif the Now Nortliirn Arcbipclnn'i, in
J, voii Stiiobliii Stiirek»lmrj{'s Account of
(lie Norlbeni An;hi]iela(J!o, bitely dis-
covered by ibo UiwiiuiD in the Sens of
Kniiitseliiitka itnd ,\niiilir
Snmiiel Diiiiii'h Map of North America
Clint III' Uussian Discoveries from the Mnp
pulilislii'd by tbo Iinperinl Academy of
St. PiterHbiirgb (Robert Suycr, print-
nellir), piibliNhed as the Act dircctK.
Jotfery's Athis ; (;hnrt contnining part of
Icy Son mid adjacent f .'unsts of Asia and
Aiiierien; published in 177.'), according to
Act of I'urliament, by Saycr and Bennett
Jcu'iy's Alas; Chart of the Uussian Dis-
ciiviMie^i, limn Mnp published by Iinperinl
Aciiileiny of Sciences ; i)idilishod by
Uoliert Snycr, March 2, 1775.
Atlns, Thomiis Jeffery's (acogrnplier to
KiiiK), Aiiiericiin; Chart conUiining the
('ousts of Cnlifornin, New Albion, oud
the Uiissinn discoveries to the North
Mn|i ill the l-'rcnch Kncyclopoodia . .
Sclimiili's Atlas . • • • • •
JcH'crv's Atlns • . • • • •
r«rte'der Kntdekun gen Zwischen Siberia
uud Aincrika to the year 1780
Map of the New Discoveries in the Eastern
Ocenii
St. I'etersburgb Alias . . . . . .
linlbkuuel dor Krde, by Bodo . , . .
Cluul of the North-West Const of America
ami the Nortli-Knst Coast of Asia, pre-
pared by Licutciinut Henry Roberts,
under the immediate inspection of
('a|ilnin Cook; published by William
Fallen
Map of the Empire of Russia and Tartnry,
by I'. L. Gulaefeld
Mnp of Uisoovcries made by the Russians
and by Captain Cook; Alexandre Vil-
brcch
Diinn'e .Stlas ; Mop of the World
D'Aiiviile's Atlas ; Map of the World, with
improvements ; prepared for J. Harrison,
as the Act directs
Mcaies' Voyages; Chart of North-West
t'cast of America
Cbri of the World, cxliibitini: all the now
discove ries to the present time, with the
tiaclB of the most distinguished navi-
gators from the year 1700, carefully
collected from the best Charts, Maps,
Voyages, &c., extant, by A. Arrowsmith,
Ocogropher, as the Act direv t»
01
Name of Sea.
Sea of Kamtichatku
Sea of Anadir , ,
Mor Dormant . .
Plac« of Publication.
St. Pctcrsburgh
Poris
..r Berlin
Dato.
Sea of Kaiiitschntka , . { Iioiidon • .
fi It . . I ,1 . .
Mor du Knmt«ehiitka nnd I Amstcrdnm
Mcr d'Anndir
Sea of Knmtschutka and i London . .
Sea of Anadir
Sen of Knmtschntka . . I'uris . .
Sea of Anadir .. .. Loiiilnii
Mare Kamtnolmtkicnsne . .
Soil of Kamtscliutka and
Sen of Anadir
Soa of Anadir . .
Sea of Kiimtscliotka ..! „ ..
» ••
St. I'etorHlmigli
London .,
„ „ ..| Paris
I, M ••! It "•
„ „ ..I London
Kamtschntkischo Meer . . ; . .
Kamtschatka or Beaver Sea ' St. Pctcrsburgh
Sea of Knmtschntka
Kamtschatka Sea
Sea of Knmtschntka . . London , ,
• • tt
.. Berlin
I
Kaintsclintkiscli.- olcr Ribor Nnremburg
Meer
Sea of Knmtse'iuk I .. St. Peti'r.sbur;;h
. . I London
I
• * It
17S8
1761
1763
1764
1766
1766
1768-72
1769
1770
1771
1774
1774
1775
1776
1776
1776
1777
1777
1778
1780
1781
1782
1783
1784
1786
1787
1788
1788
1790
1790
'! h
m'\
'%'
t tf
s V i
■*1
'.■■ I
if
Nftp'o of Jliip, iic.
6*1
Jfiilnt ttt Si'ii.
!in(l Asiii
■ .). Willi !'S.
I,. lilli'-C'-
Maii|i'iiuinili',
('hnrt of Iho tiiciit Occnii, or Soiitli Sen,
couformiililo to t\w iipooimt of tliu viiyii);c<
111' (liscovory ol' thr Fioncli t'liniiics
■■ Lfi Huussdlc " mill " li'AsiroIiibc ; " l.ii
IVrouso
Kiirtc ilos Nonlt'iis voii Anu'iikii ; O. loisU'i'
(jifciioujth's Ma|) III WilkiiiMiii'ii Atlus
Mii|i iiC ilu' Xdith-lMisti'iii pint iif Silii'iiii,
the Kiiizi'ii Sra, tlio Kasictii Oci-aii, ami
Norlli-Wi'Htorii CoiislH of Aiiierica, iiidi-
iMl'ii>{ Hilliiij^s' expedition
Ariowsiiiitirs Map of the Worlil. .
Cliaite von Aiiiorikii, !■'. I,, (iiil-efrld
Atlas of Matliew < airy ; Mip of llie World
fioiii the liest nuthnviiie<, and Map of
Uiissinii Kinpire in E'
Chart of N'nrtli Anierie
"as Act direrts"
ILdbkiiuel d.'i- Kide . .
Chan vol! Noiil Ameiika, liv K
fcid
0. F. Delnandie' . Alia
by Koliert (In Vaiiijoiiily. iiiehidini; new
liiscoveiies of Captain Cook
Lit I'erouse's Ciiait of the (ileal Oeeaii, or
South Sea.eonfornmMy to the di^e(lvelies
of the I'reneh fri^'atis '■ l.a Honssole"
iind •• L'Astrolalie,' ]ml)lislii'il in con-
foriiiity with the Dceree of the l''rencli
National Asseinbly, 1751 1, transltited and
printed bv .1. Johnson
W. Iteatliers Marine Atlas
Greonoiigh's Atlus ; Map by Vibreelil
eiititlcil '-('arte ile l.i Ci'ite "Xonl-Ouist
do rAmeriipieSeptentrioimle,' andsliow-
injt the discoveries of the Itiissiuns and
I'ortlock and Diekson.
AVilkinson's General Atlas; a new Merca-
tor's Clinrt drawn from the lati'st (3is-
coverioa
Map of the World ; Gralierir . . . ,
Map Mug'azine, composed neeording to the
latest ohservations of foreign navigators,
correofed to 1802
Map of Sleer von Knnitschatka, with the
routes of Captain Jos. lJillin;{s and .Mart. |
Saner, drawn by Kred. Gotze, to aecoiu- !
pauv Hepoit of lldlinys' Kiissian Oftieial I
Visit (o .Vleutia ami Alaska. I
Atlas des Ganieii Krdkieises, by Christian >
Gottlieb Hciehard
Ari'O'.vsniith's General Atlas
Mapof Savrilia SarytscLolfs journey in the j
Nortli-Kast Sea I
Jedediali Morse's Map of North Aincriea . . !
Robert Wilkinson's Gcneial Atlas ; new
Mercatcr s Chiirt
Atlas of the Hiissiau Knipire, adopted by tlio '
General Direetion of Sehools.
(ieneial Map of the travels of Captain
Golovnin
Map in Carey's Atlas . . . . , ,
Lieutenant Roberts' Chart, improved to
date
Mappemonde in Atlns of Malte-Brun ..
Dunn's Atlas. . . . , , . ,
Knrte des Grossen Oceiius, usually the South
Sea ; !Sot/.inuiin
(^hart von Anierikn ; Streits
Arrowsmith's Map of North America ..
Maj) of the World in Pinkerton's Atlas . ,
Map by L ipie . . . . . ,
" Carte d'/Vinel-ique, i edigec <rapr6s eelle
d' Arrow smith, en quatre planches ct sou-
misc aux observations ustronomiqueH de
M. de Humboldt ; " by Cbamjiioii
Sea of Kamtschatlcti
Kainlschiitku Sea
Sea of KaintseliHtka
Kanitseliatka Sen
Sea of l<aiiil>eh:ilka
Kamtselialkisilies Meer
Sea ol K:-.nitsclKlika
Kiiinlsehalka Sia
kanitschatkisclus ^feer
fJea'of Kahit*e!i:itki
Mer de Kaintseliatka
Sea of Kaintsehatka
llacino di lleluing , ,
Heaver Sea or Sei of ICaitlt-
sehatka
Meer vOn Ka itHdiativa ..
Meer von Kamtscliatka
Sea of Kiinitseliatkii
Kanit'^chalka or Heavm Sen
Kamtsehatka Sen , ,
Sea of Kamtsehatka
Dassin de liehrini;
Sea of Kamtsehatka
KumtEclialkisclies Meer . .
Sea of Kamtsehatka .,
Bassiii du Notd
Uassin de Uehving
riacc of PubDeatloti.
Paris
lU-rliu . .
t.ondon . .
St. Petorsldirgh
r.ondon .,
Xnnilierft ..
Phlladeltihia
London ..
Nuriinberg
Niiriiberg ,,
Paris ..
London
f^dintmrgli,.
Loiidoti . .
Oeitcvn
St. Petersl)llr^'lt
Weill
London ..
l.eipslc ..
Host on ..
London ..
St. Peleisbmgh
Ltindon
Paris
Lotidoti
Hamburg , .
Wcimnr . .
London . ,
Pnrifi
Dat?
l"ni
1791
17!) I
1791
171)1
17(1(1
1 711(1
17!)()
171)7
1797
1797
1798
1791)
1800
1800
1803
1803
iSOll
1800
1804 ,
1805
180;-)
1807
1807
1807-9
1808
18U8
1809
1810
1810
1810
1811
1812
I8U
18|:<
\k
Niimc of Mnp, &e.
Miip of Oci'iiiiia. cir I'm" Kiltli I'.n-I of tlii'
World, iiiolii(liii); ii portion of Aiiii'rivn
1111(1 till' ouust* of Aniii, liy II. Jlnic
^Vi'lc's ( fi'licriil Atli''* ■ f^iiiiiial and (.i('ov){i'
'Cliiirt vDii Anicrikii ; Oco^iriipliic' Ir.Klitiito
Miiii cif ilic Willi I, oy Von Kni'«'iis(('rn ..
l';ucyi)ro|iiviHMU'rAMirri(|iH' S'pU'nIrioiiilo,
!))■ Ilru.:"
Smilli's Ocnonil Atliis . .
All'jiim'iiH'wilt ('Imrtc, witli Voyage of
Krufi'iisterii
(iruiiJ Atlas Univcr.'<el, oilitiMl by C'iici!
JVsrny ; Mnppeinomle, by Oonjoii, (fco
urnplii'V
Alius l':ienientuirc, by Iinpic pt I'o'.rston . .
.Vmiriip't' Sc'plcutjioiiali' ct Mrridionnio ;
LiH)io
Map m Tliomiwcm's Atlas , .
Fii'liliiip l'"caN' .\tlas .. .. .,
|ic)ciiii)-(i uiiil Von lIvl'iM-'s (jorniuM Alius..
Man in GrciMimigirH Atbis
,Iolm I'inliiMtoMs Miub'rn Atlas ,. .,
Map injjiavcil bv Kirkwood and Sons .,
Cliart of tlic Russian and Knjilish P!s-
covorii."' in I lie Xnitli Pacific Ocian. by
Ciiptain lanu's Ibirncy, I'MI.S.
Ciiric (icM^'i'alc dc r,\nu'ii(|ii(' ; Dc I,n-
iimrciic
Caitc dc r.\nicri(iue Scptentriona!c ct Mcri-
diutmlL' • llcni'. )ii.
C'lmvt of .Maska. by .1. K. Kyiics and
Maltc-Brun
Cliiirt of tlic Arctic Ocean and Norlli
.Vnicrica, by I,a|)ic
Carle (ifncralc du (ilobc ; Ilrac . . . .
Moppcmondc , 'I'ardieu
Atlas of La Voijfno ; ^[. Carey . .
Alias llnivcr.-cl of A. 11. Ibac ..
Miippcmondc : Ibrisson
Map to illustrate the N'oyniic of Kolzebne, .
Fielding Imcas' Atlas . .
I'lddins; lAicas' Atlas .. ., ,,
AniirimiL' Si'ptcntrionnio; Lapic
Atlas Cliissiipie ct Univer.-el. by M. I.apic. .
Aiitlinny linley's .\tlas
Atlas of Uticlioii ; Carles des l'os,si'tisiiMLS
llusic.s
Map ill Hutb r'd .\tlas . .
Atlas Histori(iiio de la Siige
93
Name of Sea.
linssin (III \ord. .
Sea of Knintuclintka
Mecr von KiiinNclmtka
Ji;uj!"iii di( XofiJ. .
Sea of KiinilscUalk i
Bnssin dn Nord,.
nassin dn Kord pii dc
liebrinn
Afer do Hebring ou liufiHin
dn Nord
Sen of Kamtiichiiti<ii
.Mcr dp licbrinp; ou B issin
dt> NorJ
Bassiii fill NorJ. . . .
iicbiinfj; Sea .. ,,
Mer do Hi'lirini;
Mer dc liclirinx. ■
Sen of K;iin».solmtktt
Mer de lieluini;
Mer dc lii'liiin;.;
Se. «( Kanilscliatkn
Mcr d(' licbrin;;
Mcr dc Hi'brinp; on liassin
(lu Nord
Sea of Kaintsclintka
liassin dn Nord. .
Sea ■'!' Kamtselmtka
Mer dc Hcliring . ,
Place of Piddicntion.
Parii
Tiondiin
Weimar . .
St. Polersl}iiii,''i
Date.
Ibl4
isil
1814
1815
Paris ..
» •
)816 .
T.ondini . .
181,-. •
»» • •
• •
lUlf)
PiiriH . ,
»•
J81.0,
)> ••
• •
1816
.t • •
• •
1817
bMiiibiirKb. .
• •
1817
iialiiipiif'c . .
• f
1817 .
Weimar
J *
1H18
Kdinliin<;b. ,
. •
1818
Pliiladi'lpbia
, ,
IHIH
Kdinliur<{li'. .
, ,
IHI'.I
lioiidon , .
• f
1819
Paris
• •
1819
:• • •
..
1820
..
..
1821
Weiiiiar . .
• f
1821
Paris . .
..
1821
»» • •
, ,
1821
J'hiludelphiu
, ,
1821
Paris
, ,
1822
.» . .
• •
1823
St. I'ctcrsbiir(5li
, ,
1823
Plnliiriclpliiu
, ,
1823
linltimore . .
,,
1823
Paris
■ •
1824
Paris
..
18'/4
Pliiludclpbiu
1824
Palis , .
•■
182.5
London
1825
Pnris
••
1829
I
\.n
1; 4!
* Tliis Cliart also dcsiy;iuitcs tlie const from Columbia Kiver (49 ) to Capo Elizabeth (60 ) as the " Nord-
Wcst Kiiste."
Inclosure (C).
iiedion 4 of " An Act for regulutinij the Intercourse with the Island of St. Helena during
the time Napoleon Bonaparte shall he detained there, and for indemnifying Persons in
the cases therein mentioned (1 ]th April, 1816)."
Section 4. And be it further enacted, that it siiall and may be lawful for the Governor,
or, in his absence, the Deputy Governor, of the said Island of St. Helena, by all necessary
ways and imans, to hinder and prevent any ship, vessel, or boat from re|)airinfj to, trading,
or touchint; at said island, or having any communication with the same, and to hinder and
prevent any person or persons from landing upon the said island from such ship, vessel, or
boats, and to seize and detain all and every person and persons that shall land upon the
said island from the same ; and all such ships, vessels, or boats (except as above excepted)
m
m
ao shall repair to, or touch at, the said island, or shall be foiinfl liovcriiig witliin H Ioiikiich
of the coast thereof', and vvliich shall or may belong, in the wliolo or in part, to any Hulijvct
or subjects of His Majesty, or to any ])crHon or persons owing allegianeo to His MiijcHty,
shall and arc hereby declared to be Jorleited to (lis Majesty, and sliall and may In- seizud
and detained, and l)rou;:ht to England, and shall and nuiy be prosecuted to CHndetnimtion
by His Majesty's Attorney-Ueneial, in any of His Majesty's Courts of Record at, WcHt-
minster, in such manner and form as any ship, vessel, or boat may be seized, detained, or
prosecuted for any breach or violation of the Navigation or Revenue Laws of this eountry;
and the oU'ence for which sueii ship, vessel, or boat shall ho ])rocee(led against slnilj and
may be laid and charged to have been done and committed in the County of Middlesex;
and if any ship, vessel, or boat, imt belonging in the whole or in part to any person
or persons the subject or subjects of, m owing allegiance to. His Majesty, his luirs niid
successors, shall repair to, or trade or touch at, the said Island of St. Helena, or sliull he
found hovcrihg within 8 leagues of the coast thereof, and shall not depart from the said
island or the coast thereof when and so soon as the master or other jtersoii having tiio
charge and command thereof shall be ordered so to do by the (Governor or Lieuteimnl.
Governor of the said island for tlie time being, or by the Commander of His Majesty's imval
or military force stationed at or off the said island for the time being (unless in ease of
unavoidable necessity or distress of weather), such shij) or vessel shall be deemed forfeitd,
and shall and may be seized and detained and prosecuted, in the same manner as is herein-
before enacted as to ships, vessels, or boats of or belonging to any subject or subjects of
His Majesty.
No. 20
Messm. Lampson nnd Co. to Foreign Offive. — {Received December 30.)
Sir, (54, Queen Street, London, December 30, 181)0.
SINCE we addressed you on the Cth September last, the number of fur seal-skins
taken in the Behring's Sea and landed at Victoria has increased to such an extent, that the
total cateli, instead of being less, actually exceeds that of last year.
This somewhat unexpected increase a|)pears to have been due, apart from the
favourable weather, to the larger number of schooners engaged in the fisliery, and to the
fact that the United States' Government Revenue-cutters did not in any way interfere with
the tishing operations.
We are informed that Professor Klliott, who has been commissioned by the United
States' Government to examine into the condition of the Seal Islands, in the Report
submitted to his Government speaks of the total extinction of seal life as being a (piestion
of only a few years, and advocates-' that no more seals should be killed, even on the
islands, for some time to come.
We have had the honour to point out to you how important an industry, at present
centred in London, depends on the continuance of the supply of fur seal-skins, and how
many people, now engaged in this industry, would by its disappearance be thrown out of
work.
This industry appears now to be threatened by a new danger of an unexpected kind.
From information received, we learn that the United States' Government, probably with
the view of influencing the decision of Her Majesty's Government in the Behring's Sea
fishery dispute, will propose to raise the duty on British numufactured fur seal-skins from
20 to 50 per cent, ad valorem. To estimate the importance of this measure, we should
mention that, for many years past, of the Alaska fur seal-skins annually consigned to
London, no less than lb per cent, have been bougiit for American account and reshipped
to the United States after having been manufactured in London. Should the United
StJites' Government carry out their proposal, the skins destined for American consumption
would undoubtedly be manufactured in the United States, with the result that another
important British industry would pass away to a foreign eountry.
We confidently trust that Her Majesty's Government may see its way to protect
these important British home interests, by arriving at a speedy settlement of tlic present
dispute.
We have, &c.
(Signed) C. M. LAMPSON and Co,
65
No. 21.
The Marquia of Salisburtj to Sir J. Pauncffote,
Sir, Fnrciijn Officn, ppmnhnr 30, 1890.
I MAVI'i ipccived joiir dcspntch of tlio Ifitli instnnt, reporting; that you lind
h,in(led to Mr. Hluino a copy of my dt'H|)ate!i of tlio 22iid October lust in regard
to my ((iiivcrHntioii witli Mr. I'hclps on tlio 22nd February, 1888, on the subject of the
Bclirinj;'« Son controversy.
I Imve to inform you that your language to Mr. BInine, when communicating to him
tlic lirflputcli in (jucstion, is approved,
I am, &c.
(Signed) SALISBURY.
No. 22.
Colonial Office to Foreign Office. — {Received January 1, 1891.)
Sir, Downimj Street, December 31, 1890.
WITFT reference to your letter of tlie I.'HIj Septeml)er last, forwarding copy of a letter
from Sir C. Lampson and Co.* respecting the probable early ext'netion of the seals in
Bdiring's Sea, I am directed by Lord Kinitsfonl to transmit to you, for the information of
tlic Marquis of »Salisbury, a copy of a despatch from the (jovernor-General of Canada,
t transmitting an approved Minute of the Doniinion Privy Council embodying a Report by
llic Minister of Marine and Fisheries on the statements contained in Messrs. Lampson's
letter.
I nm to request that the inelosures to Lord Stanley's despatch, which arc sent in
I original, may be returned, with a printed copy in the event of their being printed at the
Foreign OHice.
I am, &c.
(Signed) R. U. MEADIi.
Inclosure 1 in ^o. 22.
Lord Stanley of Preston to Lord Knutsford,
My Lord, Government House, Ottawa, November 28, 1890.
WITH reference to the representations contained in the letter from Sir C. Lampson
and Co. to the Foreign Office of the 6th September last, copy of which was inclosed
in your Lordship's despatch of the 24th of that month, to the effect that there was
liiteiiiiood of the early extinction of the fur-seal species unless a close season were at once
established, I have the honour to forward to your Lordship a copy of an approved Minute
of the Privy Council, embodying a Report by the Minister of Marine and Fisheries on the
subject.
Your Lordship will] observe that the Minister contends that there is no good reason
for believing that the extinction of the species is likely to be brought about, furnishing
statistics of the Canadian catch for the past season, and adducing evidence drawn from
United States' sources in support of his contention.
I have, &c.
(Signed) STANLEY OF PRESTON.
• No 6.
L95]
K
■f
68
Iiidosure 2 in No. 22.
Jteport of a Committee of the Ilonoiirahh the Prii'i/ Cotincil, approved hy his Excellency
the Governor-General In Council, on the I'tth November, 1890.
THE Committee of the Privy Council have limi imder consideration a despatch dated
the 24th September, 1890, from tiic Colonial Oflice, transmitting u copy of u letter from
Sir C. M. Lampaon and Company to the Forciu;n Ollicc, under date the 6th September,
1890, on the subject of a close season for seals in IJelning's Sen.
The Minister of Marine and Fisheries, to whom the papers were referred, submits the
following observations thereon : —
That Sir C. Lampson and Co. slate in oil'ect :
1. That the total extinction of the Inr-scai has come witliin measurable distance, and
unless a close season ciin bo arranged immediately the animal will become extinct in a very
short time.
2. Ti)at as the seals taken by the Canadian schooners at sea are females and pups of
those visiting the breeding islands, this industry will of necessity disappear with tiie
extinction of the seal.
3. That the fur-seal fishery in Behring's Sea has been a failure this season,
the total catch being far below those of preceding years, although the fishing-vessels
do not appear to havo been molested by United States' Government eruizcrs.
The Minister observes that statements similar to those contained in the paragraphs
marked 1 and 2 above were made before the Committee of Congress in 1889, and repuuled
in despatches of the Ciovernment of the United States to the British Government at
difterent times since 188a.
That at the recent Conference in Washington (1890) these allegations were formally
reiterated in a paper prepared by Mr. Blaine, it having been understood at this time that
the Minister of Marine and Fisheries would put before the Conference the authorities upoa
which the Canadian Government denied their accuracy, so that the evidence on each side
might be discussed, examined, and compared.
The Minister of Marine and Fisheries accordingly prepared a Memorandum in which
he, among other things, proved froai United States' authorities that the seals were still
frequenting the islands in Behring's Sea in enormous numbers, and were actually on the
increase. It was also shown that the seals taken by Canadian sealers in Behring's Sea were,
for the most part, males. Appended to the present Report will bo found an extract from
the Memorandum mentioned above containing references to authorities touching these
points (marked Appendix " A ").
The Minister deems it important to mention that, after those authorities were placed
before the Conference, Mr. Blaine declined to proceed with the discussion of the two
briefb.
It was then proposed by the British Representative that a joint inquiry into the
facts in controversy should be made by experts on the islands and in the sea, and that a
temporary close season should be agreed upon for a period of two years and a-half.
This proposition was also decHncd by the Government of the United States.
Meanwhile, however, it appears that the Secretary of the Treasury of the United
States appointed Henry W. Elliot a Spneial Agent to the Treasury to make an ex partt
examination in regard to the Alaska fishery interests, under the provision of a special Act
Congress, approved the 5th April, 1890.
While the Minister has not enjoyed the advantage of perusing Mr. Elliot's special
Report, nevertheless, from the press of the United States, and from the leading reviews
published in that country, it is evident that the present lessees of the Pribylov group
have not been less zealous than their predecessors in circulating alarming statements
concerning the fur-seals. Mr. Elliot has perhaps again concluded that the rookeries are
being ruined, and that his opinions given to Congress before this mission to the islands
have been confirmed.
In the "New York Herald" of the 16th August, 1890, a letter appeared purporting
to emanate from D. H.James, of the United States' cutter " Rush," dated Ounalaska, the
26th July, in which that gentleman says : —
" A startling state of affairs exists at the Seal Islands this year This
year the rookeries are nlniost deserted, rocks that were once covered with seals
are now being grown over with moss The cause assigned is that the sealing
ffeel', which is now increased and composed of larger and better vessels, has follQwed the
seals so clssety and pursued them so ruthlessly."
k I
quiry into the
iea, and that a
rs and a-half.
07
Thin writer adds : —
"It ii thought tlie sealers will not catch enough to pay expenses."
Before dealing with such sensational reports from those interested in the maintcntnoe
monopoly of the fur-seal hiisiness, it i? well to note that from the first of tiie
jussion to the present tinio not a suggestion has hccn made by the United States'
;horitie» that it would ho advisable to restrict the pursuit of the fur-seal on the
ifornian and British Columbian coasts, where it is admitted that many seals in pup
captured and killed before their final departure lor tiie breeding-grounds in
iriog'i Sea.
Though the ])roposition for a joint incjuiry into the condition of the Seal Islands was
tertained by the United States, tlic statistics and rp|)ort8 from the vessels which
ded from Uritish Colunibia are such as to load the Minister of Marine and Fisheries
Ifcubt the accuracy of f J- /wr/e reports ref,'iirding the dimiiuition of seal life during the
of 1800, and to which Messrs. Sir C. Lainpson and Co. draw special attention.
The total catch by Canadian scalers fitted out in British Columbia in 18H!) amounted
90O. The catch so far reported by tiiese vessels in 1890 anjoiints to 39,547. The
ol vessels and sold in British Colunibia was no less than 4,'i,315 skins. The catch
the Siberian coast is reported to be larije. .ludging fiom recent years the catch will
at Comniander Islands, 'ifi.OOO ; LoI)os Islands, 15,000 ; islands near Capo Horn
South Polar Sea, 10,000; Seal Islands, Okhotsk Sea, 1,000 ; Japan, 7,000; Cape of
Hope, 5,000.
These statistics, while meeting the fears of all interested in the preservation of seal
are undoubtedly alarming to the lessees of the Tribvlov group, who, relying upon
iring 8 monopoly of the fur-seal industry of Behring's Sea, were induced to make
itract with the United States' Government, whereby tliey agreed to pay the enormous
unprecedented royalty of 10 dol. 25 e, on every seal taken i)y them, upon which their
itcessors and unsuccessful tcndcicrs for the present lease gave only 2 dol. 62 J c. a-skin.
conBcqucntly quite likely that these lessees cannot ailbrd with such a royalty to catch
quota of 60,000 this year, and so a reduction of the number actually put upon
market tends to increase the price of those skins sold. It may not be out of place in
connection to make further reference to the energetic manner in which those
istcd in the monopoly endeavour to excite alarm regarding the probable extinction of
D. 0. Mills, of New York, is supposed to be the most largely interested of the
iKDtiessees of the Seal Islands in Behring's Sea, He does not pretend to expert know
unorto have visited the seal rookeries. An article w itton by him in the "North American
liew" for September 18!)0 is remarkable for the loilovving extraordinary statements
ed with seal life, and unsupported by any other authority than his signature: —
"There is the best evidence that the poachers con.lne themselves almost exclusively
jii! commercially precious female portion of the herd, .... for the male seal is strong
and no hunter can get within shooting distance of him, as he can generally
ifrom the fastest boat pursuing them In two or three years most of the
would be destroyed, with their young, and in a comparatively short time tlse
^family would be extinguished They live only upon lish, and must therefore gc
lie water for their food. The large fishing banks on whicii the Fribylov seals must
pii for subsistence are from 30 to 00 miles distant irom the islands, and if the females
iilled by the hunter there while feeding, the tiup left on the island, which does not
me able to take care of itself until after September, loses its protector and dies
wms are freely used by the poachers, however. Indeed, that is tlieir chief instrument
Ngliter, and the effect of attacking the herds in the water with llotillas of boats, while
pis filled with the sharp reports of guns, is injurious in the extreme."
[These statements are, in the main, contradicted by the Reports of the United States'
iais, to which the Minister of Marine and Fisheries refers in his Memorandum herein-
e mentioned.
I The Minister, so soon as the communication of Messrs. Sir C. Lampson and Co.
[referred to him, at once caused tliorougli and careful investigation through the
ctor of Customs at the port of Victoria, British Columbia, to be made into the
Jience of the British Columbian scalers wiio have hunted in Bohring's Sea during
lieason of 1890. The result of this investigation establishes —
iThat, owing to stormy and boisterous weiUher in Behring's Sea, the prevalence of
lion;, and particularly to a change by the seals of their usual haunts, as hereinafter
Itioiicd, the early sealers of this season returned with a shorter catch than usual,
'olcanic disturbances on Ounalaska and neighbouring islands are said to nave uv.eurrca
(95] ■, >;. ,.!. - K 2
;• !
ii
a
\i
r.r
rii
iW
ij
I
ili
Appcndii (CV
Relition* with
Canada, p 314 of
Eviilcnco,
Ibid., p. 269.
Ibid, p. 2G5.
Ibid , pp. 2GS, 269,
IbM., p. 2C9.
Ibid., p, 2C9.
Ibid , p. 289.
Ibid , p. 315.
Appendix (D),
Anpeiidix (K),
Appendix (F).
Appendix (G).
t 68 "
The vessels which remained in the sea, nfter finding the main body of the sealj on j
new grounds, made tho best cntciies, and nil the masters of the Canadian xealcrs teiti]
the extraordinary number of seals still frequenting this sea.
More seals were found to the north and eastward of the Islands of St. Paul]
St. Georj;e, distant therefrom between 40 and GO nnles, than formerly. Ileretofonl
had liecii more plentiful to the westward of these islands, and distant therefrom i
40 milea.
I he old Alaska Company, which now holds a lease of Copper Island, on tiieRij
side, killed no less than 42,000 seals.
The present lessees of the Pribylov Rrouj), Instead of taking fiO,000 on the 1
islands, and payinp; the enormous royalty of 10 dol. 25 c. upon each skin, took only 2
from these islands. They, however, bought the whole coast and Sand Point catch n
pelagic sealers, at from 10 to 11 dollars for each skin, and so tho price of skins in I
is kept high.
Appended to this Report is a Table showing the catch of—
1. The Canadian sealing fleet, 1890.
2. Foreign vessels' catch sold in Victoria, showing a total catch of the above (l|
2) for 18»0 of 43,315 skins, worth 403,160 dollars, against 35,310 skins in ||
worth 247,170 dollars.
3. Names and value of Canadian sealing-vessels, with outfit, crews, boats, andc
4. Vessels carryine; part Indian crews.
6. Vessels and catch of Victoria sealing fleet for 1890.
The Minister ot Marine and Fisheries desires to take advantage of this opportuiiJ
draw attention to further testimony corroborating the views previously expressed bl
Canadian Government upon the subject of the seal fishery, and given in the .Memoraif
to which reference has already been made in this Report. Since the date of Ihati
evidence taken by the Committee of Congress appointed to inquire into the relatioj
the United States with Canada has been published.
.James G. Swan, Esq., of Port Townsend, is described before the CommiaJ
a man who has given much attention to the fisheries of Hehring's Sea, both foj
own information and for that of the United .States' Fish Commission.
He produced a Report of the Board of Trade of Port Townsend, \Va
Territory, in which this Chrmber of Conmierce denounce the closing of Behring'sij
a " s])eeies of class legislation for the benefit of the wealthy few."
Mr. Swan advocated free fishing in the open sea, and explained at lenstl
a valuable Report of his, wherein he expressed views opposed to those of Mr.
was suppressed ; and, he adds : " The arguments and assertions of the Alaska CominJ
Company that the fur-seids all go to the Pribylov Islands, and would be e.\lcrmiij
if that Company did not have the care and protection of them, would easily be dispos
if both sides of tlie argument could be heard and the real facts made known.''
Further on he says: "Congress and the country [have] been systematically I
in darkness regarding the fur-seal fisheries in Behring's Sea, for those who havehaJ
information to impart have had an interest directly opposed to imparting it."
Mr'. Swan denies tliere is any danger of extermination of seals, and produces si
declarntirns touching the existence of seals at places which witness now claims the]
have abandoned. Finally, Mr. Swan is asked by Senator Pugh : —
" You do not think it is of any importance to prevent the destruction of se!
He answers, " I do, on the islands, but not on the outside, because the propoj
of seals that are desti'oyed is a very small fraction of what the whole number is.
are millions of seals in the Pacific Ocean. You have no conception of the vastm\l
of them."
The Statistical Agent of the United States' Fish Commission, Mr. Wm. A. \Vi|
was asked by Senator Hall, "Do you think the seal is manifestly disappearing?"
he replied, -' ! Lavc uo'eason to think so. I think they have been seen this pastyej
almost as innumerable numbers as ever."
Mr. Swan did not believe that for every seal taken several were killed. He refej
to the shyness and mtelligence of the seal, and to the fact that they are never taken!
in motion.
Captain Joshua Brown said as follows :—
(See Appendix G).
I'his testimony, it will be seen, supports the statements of the Canadian
already pleaded before Her Majesty's Government, and affords further assurance!
Hi
69
the puriuit of seals in the deep waters of Behring's Sea does not tend to extin^ffth
leal life.
The Committee, concurrinp; in the above Report, recommend that your Excellency be
moved to forward a copy hereof to the Principal Secretary of State for the Colonies for
submission to Her Majesty's Government, und that a copy be also sent to the High
Coinniissioner for Canada in London tor his information.
All which is respectfully submitted for your Excellency's approval.
(Signed) JOHN J. McGEE, Clerk, Privy Council.
Al'l'KKhlX.
Ai)|ieiiilix (A).
Seal Fislixry of liehriwi's Sea. Washmjlon, 1890.
(I'liges 41, 42, ami 43.)
cws, boats, and cjH MIt. C-KOllOK TINGLE, a Simcinl Anent nf tliu Tieasuiy, kuvc Iuh nvideiioo Icforo tlio Baine
fjiiniiiitteo, mill lie is jiiit forward Uy Mr. Iiliiine in .su])))<irt (if tlio United Status' cimtention. (Appembx
til Mr. 151iiini''.s hotter t" Sir Julian I'auiicci'oto, 1st March, p. 17.)
Ciiniinnin;,' Mr. (lliddon's npinion, as aiiovii inintod, Mr. Tiuf,'!" Hays : —
" From Mr. Klliott'.s stati'nunit 1 understand tiiat tluin: aru no nioro seals now tliiui there wore in
1h7'-'. I am at a loss tu know Ihav Kir. Elliott ^'ot his ini'ormation, as he had not been on the islands
f(ir fourteen years."
Tiie same Mr. Tini^lu iii 1887 reported to Screlary Eairchild tlial —
'■ He found the lines of occu[iun(y extending,' lieyond tho.seof lust year, and theeows ijuitc as densely
jincked on tlie {,'round on most of tin; rookeries, vliilst on two rookeries there is some falling-olf. It is
cerliiiu, however, this vast numhur of animals, so vuluabh; to tlii^ Government, are still on the iuerease.
Till' condition of all the rookeries could lot be lietter." (Appendix tolJeport, Congressional Committee,
1"S8, p. 351>.)
In a Itoport of the Alaska Commercial Comjiany (IStli December, 1887), it is stated that
Mr. Geoifje li. Tin},dc, the A};ent a])pointed hy the Secretary of the Treasury, substantially confirms
Mr. I'llliott in his view referred to aliove, except in;,' that, u])on a careful survey by himself in 1886, ho
stiiiiated tluit the fur-seals upon tiie two islands had increaseil in number about 2,000,000 up to that
ti'"o. Mr. Tingle's estimate for 1880 is G.."i;)7,7.30 (H. It. Ex. Doc. No. 31, fiOth Cougi'e.ss, 1st Session),
im iu December the Alaska Coniniercial Company, in their Iteport, .saiil tliat the seals were ou tlio
increase.
The lat(^st defiinte iufovnuition ft]piiearin|;,' in the United States' documents reganUng tlio condition
(if the niokeries is contained in the Itepurt of Mr. Tingle, who, as Special Agent of the Treasury
])epartmeiit, wrote from St. I'aul Island, Ala.ska, the ."ilsl .July, 1888, as follows: —
" I am happy to lie able to report that, altlmugh late landing, the breeding rookeries are filled out
to the lines of measurement heretofore made, and some of them much beyond these lines, showing
cmiilusively that seal life is not being deiileted, but is fully up to tho estimates given in my Heport
of 1887."
From the above Unitod States' <iflicials it is clear that, with only partial protection on tho islands,
the seals have increased in an amazing degree. These islands, containing in 1874 the largest number
nf seals ever f'oinid in the history of sealing at any plarc, contain to-day a nioro astoiinding number.
AVheu the number was less than half of what it is at jiresent, Lieutenant Washburn Maynard, of
tlie United States' navy, was instructed to make an investigation into the condition of the fur trade of
the Territory of Alaska, and in 1874 he reported that 112,000 young male seals had been annually
killed in each year from 1870 to 1874 on the i.slands comprising the I'ribylov group, and he did not
think that this diminished the numbers. Lieutenant Maynard's Report (44th Congress, 1st Session,
H. I!. No. 43), aa well as tliat of Mr. liryant in 18(i9 {VA. Doc. No. 'i'l, 41st Congiess, 2ud Session),
largely supjHirta the contention of the Canadian Government respecting the productiveness of the seal
and tlieir habits during the breeding season.
It is not denied that seals enter Behring's Sea for the jmrpose of resorting to the islands to
Jiropagate their species, and because the immense herd is chiefly confined to tho islands lor this purpose
during the breeding season it is that the .seals have so constantly increased.
Notwithstanding the lax efforts on tlio part of the United States to guard or patrol the breeding
islands, the ditHculty of ajiproacliing the rough coasts thereof, the prevalence of fogs, and other causes,
have in a largo degree prevented too destructive or too niuuerous raids being uiado upon the
rookeries.
The Canadian Oovernnieiit conteiids that while seals iu calf are taken on and off the coasts of
British Columbia and California, and also during their migrations near the Aleutian Islands by Indians
luid Aleuts, the bulk of the seals taken in the open sea of that part of the Pacific Owan called Behring's
Sea are bulls both old and young — but chiefly young — and that most of the cows wheu t^ken aro known
na "dry cows," i.e., cows that have nursed and weaned their young, or cows that are barren, or thoso
that have lost pups from natural causes.
I
II
m 1
n
70
ll nuisl iiImo lie nolr.l Mini IIm-iv inv ww I'imhiiIcb lliiui iiuiloN in ii houril iiC wniln, ("Tripto
AlnHkrt,'' WiiiiliiKiii, )> 1>!.^
'I'lio )»>Mi(iiiii liiKi'ii \<\ till- 1 'iminliiiM < Imm hiiimmiI im mii|i|hiiI<>iI -
I. Hy (111' limtiiiy 111 Itii' niiiKiMirn im ilnivo jjivi'ii, iiml llii' itiwu. ini'i'OUHa sliowii ilnBiiili' Hn,
ooimtiuil Killiiin mill iiiiiln u|ii>ii (111' hIiiii'Im ilimii.; lln' |>iihi ."ndii'V.
■J. \\) (lie rin( (liii( (111' nlil ImlU (lull liiiM 1 I'lii iiMi' d' Imlil (ln'ir |Mi«ilitiii mi (lii' ninldiiii"; y^„ im,,
(lie wiiti'i- III III!' I'liil of III!' iiiKiii;', ii'iiMuii lii'lvM't'ii III \ I'll mill Idlli Ah^^unI, ^^l. II. Kx. Urn Ml). Kg,
'i'4(li ( 'I'li'tii"*)", \M Mi'MMinii, ,\|i|'i'iiili\, |i 111''.)
Ml. i'lmlv, I'll (lie ,\iilm,(n mchI liMln'iicH, in "'I'lii' KimIu'iich 'MhI Finliorv liiitilt«lrl(>t« in (iii« I'liii,.,}
SiKlcH," ISSV, |>|'. 'I'M l',!!, MiiVM :
" In vi'iN .Mdinnv wi'iidiri, wlii'ii (lii'\ dlu' wiiImI nii' iIiIm'ii iiilii (In' mcii, (lii'V mi' I'mi'i'il In lii'lnl{(i
(l\t>iiiii'Ui"« (ii llii' «l(i'll('Vi'il .Miili' 111 iIh' i'llmiil. Iiciii'i' llii' iiii'ii liiiil (lull uli'tiiiy wnillii'i iiiiyi tlicin licnt.
'IVii I'v tlivi'c ntil iiiiili'M, li'niii'd ' liciii'li iiiiimIitw.' Ih'M ii Ih'iu'Ii I" (lli'iii'ii'lvcn miil cnvi'r i( wllli nnvn,
lull iillii« 111' iidicf iimli'H (.1 liiiiil (i|i Till' iiiiili"" (i«li( liiriiiii.-.lv, lUi.l mii' iiimi ("M iiii' lliiil. lie liml nwu
iin iilil mull' liiki' ii|i n ymniiri'i' nin' in Iiim Ici'lli mmiI lliii'vv liiin iiiln IIh' nil. Tlic iimli'H nlmw lii.'lil wlimi
\vlii|'|'('il. mill nil' vvilli (jli'iil ilillii'iilly tliUrii iiilu lln' .'"'ii.
" TIu'V nil' «iiiiin'(iiiii"i (ii'iil.'il «i(li liiMiil'li' lnii(;ilily. Tin' fi'iimli"< i;iv(' liirdi In (lie yniiiij; hikih
hHi'v (lien Ml mill.
" Alli'i- li'iiN III;; (111' iiiiiKi'iii"! (Ill' I mill ilii (I'll ci'liiiii (ii llicm luiniii (Ii.;! . :'iiniiii,"
H. \\\ (111' dill iIimI IwoIIimiI') hC nil llii' mill 'm (lin( mv Imhii me lii'Vi'C ji''iiiii((i'il In Iniul ii|iiiii (lii.
RHKi'' 'icinniil > Mil (111' li'mnli"* I'lii i lm",i' luiinl nC luii'lii'lni.-i, vvlicii i( viiiilM Imnl, licilii iiiili' inviiy liuni
111,' I'Vi'i'iliii;; f;ii"Mi'l". (W. II. I''llii>(l. II. Ii, N" MW.l M{\t ('niiirr.'Mx. \< I I;M
TIu'V .1(1' iliivt'ii I'll' (Hill ('ii' wiid'C. (('liivK''i mln'li' cm Andiii'di' »riil llsln'cy iiiiliifi||-ii'M nf dn'
I'mloil Slut.'.-, Mi'i'diKt '\ \ol ii. iSft;, ii. 4:11.)
Yimii;'. '<i'iils m>' |iii'vi'(i(('il Ciiim Imnliii;; mi rnnKi'iii'M. (^Mx. l»in>. fl.'l, 4 ttli CiKi^!!'"''"'. ImI Hi"wiiiii,
1> ':'.'t ; ■'I'l' iily.i Klli.i((, II. I!. IKIi ('mi;;iv>^ In( Si'.-<'.iim, Kn. I».ii' Nn. M.)
N I'lwliii'; xi'iil'i miiM' iili.mi (ln' iiinlilli' i'(' .liil\ . in'i'miiinitiicil liy il fi'W nl' llio dl;.' •••p iiiiiIch,
(vdiiuniiis; n jni'iid'C |>;ii( i'( (In' (iiin' in wiidi (II. II. Miln( vii', H.'<( ('mi^tn'n»i i!iiil Mi-.'<hIiiii, II. K
Nvv 'M'. i^ ' I , Ills" 11 H. Kv. Iti'.\ Nl'. 1.1, I Kli ("mif'iv'w, I'.l Si'.'wimi, |>. 4 )
Ml. Simnii'l l''iillvin'r, Ass\';(;in( 'I'li'imii'v \jri"'.(, \Mi(iii,i; IVnm S(. Hi'mjrn Inliiiid, lat AnjjdHl,, IN73,
til Mv. |ln!\i\(. Tix'nsiiiy A;;>'iil tm llu' Si'.ii d;|miil«. siivm :
■ I iii'liii' mi .-imin' i'( (lio diokmii'M (In' ens'!!!;;!' wnv" fmini'ily lu'i'iiiiicil liy yimitR Imrlii'lnc-i in
hrtnliii'; y\\M\n thr dni-k .;nniinl me I'mniiji'd'lv I'lnrKi'il iip l>y I'l'iniili's, (liiirt )iii'Vi!ii(iiijj tlic ymKii; mi'iiIh
flMin Imi.liH};. mi. I mh (he ;:iv;i(i'i Jimiii'ii nl' llirt wimiil slinii' i.'t iiini|iii»ril nf liiftli rlillii, il itimIith il.
tllllii'nli ("iiv iin\ [:i\':i( numl'i'i to I'lVcil ;i Imnlinu Tlii'ii' mi' nl m nnmci'miM nlil iiml<','< rnimdinl.lj-
)}«i»nlin;; (lio slmb' line. \\ liioli miiKi"« i' •'^•." nmii' 'li(lii'iil( Inc (lie \iiiiii(! niii'i In wmlv tlirir wiiy nii Uiii
Kd k f;iMiiinl '
Tlii'n, iipnn. i( iiin«( I'o Ti'mi'mli'ti'il [\u\{ (hn nnn-l'ii'i'ilin;; sml^, I'niiwi.Mlinp, nf iill tlin yoiirlitifin
IM1.1 !»1l l.lic mules iniilcv ov T ynniw nf ;i;ii\ in'iiily i'i|iiiil in ir.imln'i' (lie lirci'diiij,' mchIm ; iiiul
Wi Vllmti cstimnd'il, wlirn (lii'W wv'ii' l.TiM'.iiiKt s,'ii'm ml llin ixImKlN, l,ri(IO.(MI(l nf tlii'i nmnlirv wiTp
noi\l>l>'(>ilni!: si'iils. (l".llin((. Al'pmi'liS (n II. 11. Ka. I'nn. Nn. S.'t, I |!li ( 'nii'.ri'n^'!', 1»t. Hi'mmiiiii, ]>. 7'.' )
On tliii'k fi\ii;;y >l!tV'< bill lu'li'C fi'itlj*, ninnlioviiiu nvcr n niillinii, will nfli'ii liniil nut on ililVi'it'iil
l»nilini;-};i\>iinils. nml en (lie iv.iin\'nr.- nf lino wciidit'C ili'iiinn'iiv inin tin' wiitcr. O'-"'"". 1'- ''I'li H- "••
Uil'. lV-U;iv:-?. Ist S.'ssnm I'A. Wo. Nn, Sll.t
The ynnijr Nii'hi'lors iln not i\'miiin mi shmx' Imii; nl ii (inic (y. 4, titli ( 'nnnr"ss, ImI McHHimi, ]■]%.
\\y Nn. 4;^^ They «r\' sn nniii.'lMii'*. Imwi'Vi'V. llnit (limwimN nun Im .ii'cn (i)inn llii> liiuiliiig-(4iiiiimlii,
;is :\i! of (linm !U\' ni'vi-i' citln'v mi sliofi' in' in (lie wntcc I't (lin «iiiin' tiiiic {iliiil., yi, 44). My tin' fiirt
thrtt the i'n«> ivnmio witii tlmiv mn's mnl sm-kli' Ihi'iii until nil Imvc li'ft.
nii'v do not VIM on tlm iMoki'iics mitil ."> yom-s of n;;i<. (II. Ii. 1'a iVii'. 'No. 411, 'I'ttli ('nnjjn'HO,
IsH N'ssion. \\ A)
Tho\ di> no( !.^' Car (1>>(U slimn niidl (hn ynnii;; aii' inmi'd I'rvmi suys tliul Imtli niiltmt i4(',)ilinilt
scaIs strtv with tlio viiunj;, willinnt t'l'Oiliii;; ii( nil. nn(il tlm vmin^ mn (i nr 7 wcckN old, iind tlmt. t'loii
lln' nld nnos non. Inot (lin ymni': (n (ho vnd'r. ^("I.ivk's nitirlo mi .Xnlnci'dc si'ilN \'. 4'.!4.)
riic vmnijj ;nv stiokli'il I'v llin t'mnnlcs Inv snnm ti'i'.i' mid (li'M l('f( (n (ti.'iiifiiilvcn lyiiii, nti (lir
N«oh, \«hi'T\ ilii'v stvni tn ,'s;i\>\v fiit widinid t'livdii'v fncdiiij:. ("Tin' Kislii'iic" mid Kirtliiiij; Iniliistrioi^
of (1)0 Initod Si;ilos."' sivtimi C<. vol, li. lSjl7. \'. 4'.M.'I !• iv this roiisnii, llin^n tlint. siit' inipiicd in .liiui'
rtri' ofi' HI tlu' wndr in Au;;n.'<t.
S< ;ilsn n>\ (ln< At'ricni'. oivva ll;o soul tvni;\ins until tlio voiiiij; iiiii •,il,<; riiro o( tlu'ingolvc.''. {Ibid.,
rv41t"'>
Tim bulk of tlio *o;vls mv ooiifiiuvl to tin i-ilind^ until iii- ,-M;ri-,<undn (lu'in. (H. K'. K.»'. l)m'. No. 45,
44th t^on;,:ri'ss. Ut Sossimi.p. "J)
Tlio sii'uls novor hiuo (hoii placos, .soldnm idi itul lu'wv out :i(iytliiii;{ I'coiii Mny to Aitjjiist,
wlu'ii thoy tako to tho vntov. I'lit, it is ln-liovod, tako 'm fnod nntil thoiv tiiml doimvturo i:i NovcmlHr.
(H. H. Molntyiv. U. Iv, K\. IVv. No ni", 4(fit (.'on.urosy, L'nd Sosis^m. vol. v.) Mr. Kllind sup
• IVrhmx-! slu' (0(\ls " ^p. loO of lii-j Hovmrt on Al;i.<kn>. (1S7I. H. K i'A. Doc. No. SII, Otli < 'mii,m'.''s.)
Tho I'ulU wliilo on tho isltuid )\r,'\r'nt tlir nindiovs dikiiii; to tlm wutor. (" Marine Mi\nini;ils," hy
I'^ptani Shminon. Initod Sinto,* lu'Vi'iir.o Mmino. 1S74. ]\ In:'.^
Frinn tin* U'tli to tho "Joih .'nlv tho o'l kotins mv tiiilor tluni ;it iiiiy ntlior finio duriiiL; tlio soiusoii,
HS she |'\.]V'; hn\o ,ill Koii Kmii. .md xW tin' hulls, oows, nnd jmiis ri'in;iin within thoir liiiiitji, (11. 11,
K\. I'Vv. .So. 4'"', 44th roiiizrix-i,-', l.<t Sossinn. p, ;!.)
It l)*." Ihhmi .<1iowu t!i:i'. wlion in ihn rookorio.'* niothors woiv destroyed, tho Vonti;; worn found
i<«<i Av . Inn l*:'ofo,-<<or F.llioti, >.n ivtori'noo to tho I'rihylnv Islniuls, says: —
'■ With Xl\c «'SJivption of tiioge animals which have iweivod wounds iu combat, no sick or dying
<«(«ls nw *e«u M}Mn ilw islauus.
■■^""-""^■"""""'
n in lliii |i|iili>i|
n
w..
Out (if tllftjrfhti* nntiiliPWi— -UioiwiMuIk iiikph tlumHiiMilw-*"!' mmU Uui.!. miiMl dh' i-vctv ytmr f
maIiiih), ihiI 'iIH' 'itiVn I ;'V"«r wrii Ui<\v. I'liny ttvidimlly (tivc up llniir livi'H iit, ihdii," (Mi« IIhj
AlMkn, 1M74, U. It, Kx. !)..(,■. Nil, HM, 44l.li «!..iii;iimm, p, ir.O,;
fiiirii
|iiii'l
Apiintiilix (II).
I »^„,i/ rtv.i,( Irllvr frmik Vnfiinin Siihwon ,/iimh,/nim on. Iniiinl tint ^rhmnrr " Mnllie Ailmiin," I'ort
' Tiifimmd, (t'tinhiiiil/iin, Mill/ li, IHHI),
AS! ililcml i" "M Iciili'v mi ii volutin iioilli lin IIhIiImh mul Mriilinj;, I hIihII impI, Ih' iililii t" oi'" yipii ll«il«n»ii«wllhO»««Ji,
■■nN llii< ll«)pi>rliPN (pf lliM NiPiMi I'piiidn (Icpmhi, IIp'Ipimik'h Hcii, hipiI Ahipfkiiii whIith, IpiiI will ii'li'l •''"*■
IJin.liililcn (I. Hwiiii, l'',n(| , (p|' I'lirl, Tpiwii-ii'IiiI. wIki IipI'p ;;ivi'ti iippikp piI Ip'IpI ippIi I<p pplilliiiiilii! iiiCppllimUiilP
XmlliiiPKi llnlinricpt, liiiMi liPl' liirt iiWli Biiliiil'iiP'.li>p|| iiikI Iipi- Mih I'liilt'il HtiilHn' I'injp < Miiiipiinnipiii, wiIIp
^inlm Imn I'ppfniHpiiiiiltMl, ihhI iii'd'il (tvcr hiipi'p' il whm fliHl I'ipiipiimI, iIhpii ipiiy i I Iipivh wpbii nil Un'
j(iltr(«ipml, iiiipI yppii i'pmi ri'ly I'lilimly iippiii llii> iiilipiiiinii pm Iip' mipiv wive v'pii.
hviliiilHii rclcv yiiii Id'Mr, .liifiiiim lliipwii, ppf HhIi'Iip, Mm <f<iii ipii'ip'll'i, 'iwipi'I' ipf miIupiiiH!!' " lldiiry
hni»,' whip if iiMw' lii'ii' ; iklmi in (!iipliiiii LiivimhIi'I, ipf miIkpi r " llp'iny l»ipiiiiM." wlnp rmi ^nvf
pniiHtiiiii rcfjnniiiif^ the riii-mHih i«l (!upii Itipiii, hh Im lnw hpciiiilly mrivMil finiii tlu'H'
./ll.llWII <}, tSWlll>;
III wiili'i') dp IIpi' ll'i.l ,F. 2nr>,
IVJirinu'n NiMl IIIIInI Ipo ilnrlnnMl Irrc iiMil cppi'M III nil fiill' rlll/.i'lirt cvccpli tlld li'lj
JukldV IhIiiihIh, wliicli hIiiiiiIiI impI i'mti'iI in liiiiil IIh' i|i«tiilii'" riniii Oih hIhuim nl (Imp';i' i,'iliiii(lM nl'
liiirlni' l('ii|"iii, IiikIiIc (if whiili lip il [.\\i> mimiIm hIupuM he pfi'Mi'iv'-il iliniipi.^ Ilii' iiiiiiilli^ 'pf Ipii'i'iliiii,', IIH
ibllljiMjj 111 111" riiii|«'l'l(ifl (iWlinl |p) lliii llliili'il Stlili"!, Iml/ iPlllsiiilc iif tll.ll lillill III'' wiiliT'i hIi'iiiIiI III!
(Mull 111' iiiir cIllwiiM.
Kiiniit fnmi. lUiinii of itr.nnl of Trmtr of I'oii Ton'iinriiil,
WimIii Mill Itt'lilivti (,liitl. I III! liHiHii 111' llm " I'riliyi.'V IhIiuhIh mihI iiiljiidilil. wiiLihm" cvdr wiih iiiiniit, IWil,
I'lhiiuliKi Ui iiiiiitii Uiit wild II wiiiiim 111' lli'liriim'M Hun, liiil lliitl llin liiiiil> uf I liiiii'itii> Inii^iin Tr'Hii llin
[inllw l\HMI((llilll!ll lilllli, MIlHillll 111' Wllillll lilll WIlll'IV lUr klllPWII Id I lui i!ivili/,i«l worlil ll« lllll Ill^li
t,wlii^ni III!'. xiliiKiMm Mliipiilii ii,i iiiiriiiiiii){i>i| 1,11 piiiHiiii ilinii' iivipiiiili'Pim ipf linliiiiK iiipil li'iiliiiM,
Itia mIii'WU liy lliu ItniiiiIlN III' OiiviMiiiiiniil niiiitml'i ill Urn piililiriitimiK ni' llni 'I'l^iilli Chiihiih, tliiil,
l"iil''"uMiiii lit Hull lil'o liy hi'hIh, Hi<ii-li<p|iM, mill iijln'r iiiiiiiiitiM wIi'imc wiI>i I'luil jq Ijili, ih vnry '"'ij^i'ly
juiJi'iM 111' lllll illiiiiiliit III' lUll liiidiii liy IIpii \nIkpIi' III llir Imlii'iii'i <il llir Ii'iiIUmI Hint i>i<, mill In
)rl thrim t'liviilillili iiliilliillM Ih In riiiiHi< iJn ili'iiliiii'liiiii ni' I'liiirtiiniiH ipiiiiitil.inii ni' nliliiliniH I'liml
Iviiihiilllil li|i llliliiiuil im H liii'ltiiK III' mippiitiiiii^ IIh^ Iivim nl Ilin liill'inim nt' pimpli) in IIii^hii UiiIMhI
Till' ('liiiMiliiM' 111' Ciiiiiiiii'icc ciiiiHiilcr t lllll. I 111' nriliT nl' Ilin ( Invdi'iiiiiiiliti liy Acl nf <!iMiKr<:HM ''liwiiij,'
(IWiril'H'i" .Sen Ih iiii ,\(I iinl, I'nr llii' Ipciirlll nl' llir pi'iiph' Ui iii'i'lirn lliriii ii, cliciip iillicji' ni' fnml, liiil,
llrllii' Hiili^ lii'iii'lil, 111 II .MJiiipIn liiiiiiiipnly, In ciiuliln llinill In Hilpply lirticli-: nl' hixiiiy Ini- iJin
iiiiniKilili' .'iciliiiif; i.r llic rirli.
Wi' lii'lii'Vd IIiIh AcI nl' ( 'iii|i:;ii'iiM In liii ii Miicii'';! nl' cIhsh Ici^'i'iliil.inii fni iJiii lirni-lll. nf llic. wi'jillliy
I mill us 'iii'li in (p|ipii.m'il In Uu- piiii(;ipli';i nl Hniiliil [piiIpIIi'. pnliuy, iiiiil wn |iinlijHt/ (igiiijMt. itn (urliiyr
iDtinuiiiii'c.
Jaiiirn il. t>H<nn,
111 ri'i'ly In a ndiiiniiiuicntinii rcci'ivi'il liy iih' I'miii t)in i Jntntiiilti^c nri i'olalinn.i willi f 'diui'lii, Itid,;. 2<8.
i I ii;itii 111' till" 4t!i Aiiiil, JHH',), iiiviliiiH iiil'niniiil.inii I'rnin niii nii IIk! KniiiTuI Hulijcil, nf tliiiir
oliijaUiiii,'*, litiii iiHpiiciiilly to tlui iihlicriim nf llic I'lu'iflc cniiMt, [ Imvii liii! hniiniir to fliiliiiiil tin;
iiwiliU :—
"ii till' Jf'illi Nnvniiiliiii', 1R7!I, I'rnfimMnr Spdiircr !''. I'.iiinl wrntu mn frnin Wimliiiiftlnn : " I kIioiiM
|viry[;l;i(l In liiivd ymi iiililcrtiikii lliii wnik nf inlii'c.liti;^ Ihn (iHlii'iy HliitislicH ffir l'iij,'('l, .Sniiii'l. Vour
Jottlimy III! as yoli t'lmnso tn nnikn il, purliculiir ittU'iilinn lifiin^' )ini(! nf oitnnv- in tlm HtJilJHtii'H nf
Kim' (unl yiiilil. , , . Of ('(lurHii, I flIiniiM wish you tn liikn up llii' Inml Mna! liMlicrit!.!! (w well hi tho
krs.' AiJi'.i^r u|inn thin iiiviliitiiiii, I pii'piui'il .'iml I'nrwiiiili'il tn I'lnl'cssnr liiiinl a llcpnrt nn thf;
J-wil lislicry oil' IliR (Mitranci' in tlm Stniit nf l''iirii iiinl wrst cniiHt < I VViiiliiii),'t.nii 'I'crrit iry, wlii(;h
Sfriil I'miu Ncali liay tn liim liy mail nn thi! lidth .Inly, I8'^0; alsn a piipur nn tlin fond tisln'H of
"liiUvry, \ViuMliiiii,'tnii 'J'ciTitnrv, Siiplciiilii!!' IHHO, iiMil nn nxliaiiHtivi' iiinno^^'rajih of tho lialilmt
^tytil'l'iiiii! I'lattiiiy and riij,'('t Snuiul, iiikIit lialn nf thi' onili Odnlinr, IHKO.
Oil the Kith Ndvcinlii'i', ISHO, I rcci'ivcd at N't'iih I'liy a Ictli'i- finiii I'rnfi's.snr O. Brown finodc,
W Wimliiiitjldn, oOlli OrtoliiT, '88(1, in which Im miiv.h : " Vniir itii|inrt nn fur-s(;al fishery is at hainl,
fisiif (iiiMit iiu|i(ii'ta!K!(j tn UH. I lllll viiry nimli Hiirprinril at tho (sxtciit nf tin; hnninoss in your
Him." This JIuport was atlnckod in a nm.st viniliMit niaiincr hy Mr. IIiMiry W. Klliott, who, liki;
Hli'ibiiu beuii umpluyud by Ihu oi)uth.suuiuu luHtituliou to iiiaku iiivuHtigatiuus ou thu habila of tho
I';
72
Relatiomi with Ctud*,
p. 2«».
Ibid.
lUd.
fur-seals. Mr. Elliott, in his Eeport on tho .seals of tlia Pribylov Tslamls, s.ays tho pups of the fnt.j
cannot swim, but will sink like n stone if thrown into tho water. I showed that the pups of tlio turJ
seal at Capo Flattery do swim as soon as horn, and adduced proof to show that in tliis rosjject the seji
of Cape Flatteiy differ from tliose of Behring's Sea. This statement of mine was in direct uppositioJ
to the statements of Mr. Elliott, mid constantly reiterated by tho Alaska (Jonimcrcial Cmuimnv for tlJ
past twenty years, that all the seals of tho North I'ncitic go to Beliriug's Sea, and eongregiiti.' iirmciiaii
on tlie Wbylov Islands. Tlie remarks of Mr. Elliott, which con be found in "A Moiio;,rriipluif [L
Seal Islands of Alaska," a special Bulletin No. 17f' of the United States' Fish t'omnii.ssioii,lSH2,p. iijjl
were so personally offensive to me that I rtnuonstrated with I'rofessor Bairil for alldwiiijj; tlie (iliiwitioij
able paragraph to bo published, and by his request I jirepared another paper on tlui l'uv-.se;il. wliichwi
published in the Bulletin of tlio United States' Fish Commission, 1883, vol. iii,pp. 201 to j!U7, in whicll
I jiroved by various witnesses, Government otticei's, masters of soaling-vessels, white tnuliTs, anj
Indians tliat I was correct in my assertions contained in my Report of 1880 above referred to, ]
These Keports of mine, altliougli publislied by the Government, seem for some reason to 1
systematically kept out of sight whenever information regarding seals and tho fur-seal lishoryis desire
by Members of Congress.
Tho arguments and assertions of tho Alaska Commercial Company that tho fur-seals all p) lo tlJ
Pribylov Islands, and would be exterminated if that Company did not have the care and ])rotoetion (
them, would easily be disproved if both sides of the argument could be lieard and tlie rciil tacts mai
known.
I wisli to make no charge against the Alaska Commercial Company. They are a comnierciaj
oi-ganization, and they follow out their true instincts to make all they can out of their vciy inotltaklj
lease. They are only repeating tlie policy of the Hudson's Bay Compimy, which fdi- imuv
100 years deceived the British Parliament by the same arguments now used liy the Alaska Comnieniq
Company, until when, in 18.58, they ajiplied to rarliament for a renewal of tlicir Cliaiter, tliosf wis
and far-seeing statesmen. Roebuck, Gladstone, I^ord Ihny, and Sir E. B. Lyttmi, cxposeil [\k sluil|i,i
sophistry of the pretensions of tliat Company and a renewa] of their Cliarter was denied tlieiii.
♦ •••••»
Although my Report on tlie fur-seals of Cape Flattery in 1 880 was published by the Governracnl
in tlie Fislieries E.\hibit of the Tenth Census, and sueeriugly criticized liy Elliott, as alluded to, I havi
lieen unable to procure a single coi>y, altliough I have made diligent search in all the volumes of tlJ
Tenth Census Report
In like manner has Congress and the country been systi matically kept in darkness ivgaidiu;; till
fur-seal iisheries in Beliring's Sea, for those who have liad tlie information to impart huve had a]
interest diroctlv opposed to imparting it.
« ' • « • * ' •
It is constantly asserted in Washington th.\t the indiscriminate slaughter of seals will externiiualJ
tliem, and cases are cited of the Islands of Alassufuero, Lobos, and othei-s on the Pacific coast, where tJ
slaughter by crews of vessels from New Lcuidon, Connecticut, and other New Eiiglaiul ports iii|
entirely e.xterminated the fur-seals at those islands and at Capo Horn. I assume that fur-seals can a
more lie exterminated than herring or codfish. They may be driven off from a rookery, hut tlicv a
not exterminated ; and, in proof of my assertion, I respectfully ask permission to file the sworn stitel
ments of Richard Dupuis relative to the fur-seals of Cape Horn, and of Edward Thomas liiggs lolntivl
to the fur-seals of the Falkland Islands, whicli I have respectively marked "Exhibits N09. 2 and:!.!
Tlie statements show that the fur-.seals have not been exterminated at those places, but are taken i
considerable numbers every season, and, although at one time were almost driven entirely iwav, irj
now returning to their former haunts.
Appendi.x (C).
RKc'.vm-uL.VTio.v (1889).
Venoh. i Coa.tC.Wl>. Buhring',
Total.
British ,.
American
German . .
I ;
1 12,463 \ 1.V407
..; 2,318 3,403
.. .. .. .. 240 1 1,461
27,960
5,721
l,!Ol
Grand total 15,021 1 20,361
1 i
35,382
Total Talue, at 7 doUari fn ikin, 247,674 dolUrg.
'ur-soals all ^n tn thj
uv ami iM-fitoetion i
' till! real lact,< niai
.1 by the Governraei
as alliulcd to, I haJ
I tlio volumes vi thl
73
Catch of Canadian Sealin" Fleet, 1890.
Nmm.
Spring
Catch.
Sand Point.
Behring'a
Sea.
Totd.
Mary Taylor .. .. .. ..
104
302
592
998
Pathfinder (Pioneer) ,.
235
716
984
1,935
Viva,. .« •• •• ..
262
436
2,0U
2,713
Triumph ,, .. .. ,.
182
1,018
473
1,673
E. 1). Mnrfin..
368
878
918
2,1.4
Sapphire
119
1,378
745
2,242 ~
C.H. Tapper..
,,
571
796
1,367
Kate
158
511
230
897
Favorite .. .. ..
356
981
1,116
2,453
Aurora .. .. ,. ..
165
797
.,
961
Butrice .. .. ..
220
710
854
1,784
Katherine .. ..
380
365
945
1,6>0
Lily
122
,,
500
en
Penelope .. ., .. ,.
H8
578
445
1,171
W. P. Sajrward
154
339
459
952
MaKpeMf.1! .. .. ..
, ,
1,200
752
1,952
Juanita .. .. ..
97
311
770
1,178
A. C. Mooro ..
90
703
630
1,423
Thereaa .. .. ..
1,5
569
450
1,194
Ariel
220
.149
1,137
1,706
Minnie .. .,
300
764
1.467
2,531
Sea Lion . . . • . . • .
254
817
774
1,845
Walter L. Rich
122
562
633
1.317
Ocean Belle .. ..
,,
940
480
1,426
Wanderer
82
,.
• •
8t
VentLtv .. ,.
94
J ,
• •
94
Mary Ellen
115
951
,,
1,066
Alountain Chief* . . . .
GO
,,
• •
60
Letitia*
70
••
••
70
4,650
16,732
18,165
39,647
• Indian own
'rs.
A
^'i
I !•
feals will oxterniimlJ
icific. coast, where tiJ
1' Eiif,'laii(l porta ij
that fur-seals cans
rookery, hul tliey
.1 hie tli(i sworn stoJ
riioiiins 15i,i;f,'s relntiJ
xliibits Nos. 2 aiido.f
ices, but are taktii
en entiri'ly www, xi
FoRKlGN Vessels whose Catch was sold in Victoria.
Names,
Coiat Catch.
Behring'a Sea.
Total
American —
MattieT. Dyer
San Diego . . . .
George A. White
Henry Dennia ,. ..
Venture ,, ., ..
74
• •
579
400
1,500
564
74
579
400
1,500
564
74
3,043
3,117
Gorman- -
Adilc
220
431
651
Grand Total.
Spring catch
Sand Point.,
Bebring"! Se«
Total
4,944
16,732
21,639
43,315
?!
Skina.
Per Skin.
Value.
Spring catch . . . . . .
Coaat or Sand Point cttoh ■ .
Behring'a Sea catch , . . . . .
4,944
16,732
21,639
DolUra.
10
11
12
DolUra.
49,440
184,052
259,666
43,315
••
493,160
Skins.
Value.
Total catch of fleet for 1390 .,
1889
43,315
35,310
Dollara.
493,160
247,170
Balance in favour of 1890
8,005
245,890
[96]
; ?
W
tmo.
Value of Cnnadian Scaling' Vefssols, with Outfit, also showing Tonnage, Crews caniod, and value ii|
Boats aiul Canoes sujiamtely.
Nidw.
, Owners.
Tons.
Value of
Vessel,
with
Outtit.
Number
of
Boats.
Value of
Boats.
Nnmber
of
CanoM.
Value of
Canoes,
Dollars.
Dollars.
DolUrs.
C. H. Tupper..
Walker and Co.. .
99
13,000
7
700
k*
,,
a
Viva
Carne and Munsie
92
12,000
6
600
,.
,,
23
Lily
W. Barns
69
8,500
1
100
«
400
2S
Ariel ..
S. W. Buckinan
9U
9,000
1 loo
11
500
2^
Sea Lion , ,
S. Collins
iO
7.000
5 5oq
.,
,,
h
Mary Taylor ,,
Carnc and Munsie
42
8,000
1 IQQ
lU
500
23
Annie C. M oo^e
Ilaehott and Co,
113
15,000
7 700
,,
,,
22
Walter L.Rich
Cameron and Monro
79
7,000 , G ; 600
..
••
20
AdMe
Rati! and ('o. .. ,,
51)
5,000 1 6
600
..
18
E. B. Starvin..
Mariin and Co.. .
117
12,000 7
700
• •,
,,
2e
Kato.. ,.
('. Spring
58
4,000 5
50U
11
500
27
Pioneer (PathAnacr)
Carne and Munsie
fill
10,000 5
500
• ^
t«
211
Favorito
C, Spring
64
8,000 ; . .
13
500
32
Ocean BfUe ,.
R. Hall and Co.
83
10,000
7
700
,,
• ■
23
Theresa
Babington and Co. ..
U3
10,000
7
700
• ^
•1
23
Sapphire
Marvin and Co.. .
121
14,000
I
100
18
900
)2
Triumph . * • ,
Dit0..
AH
14,00(1
7
700
,„
23
Maggie Mac , .
Dod and Co. ..
70
10,000
6
nk
• %
*»
2U
Juanita , .
J, Kinsman .. ••
49
6,000
1
lOQ
9
450
22
W. P. Sayward
Lang and Moss, .
59
8,000
1
100
R
400
22
Kathorine , ,
J. A. Penney ,.
81
5,500
1
100
10
500
1 23
Beatrice
W.Grant
C6
7,000
• •
,,
12
600
1 29
Mary Ellen ..
M. Moss
73
7,250
7
700
• •
..
23
Penelope . • , •
Ditto..
69
10,000
Tl
.lOO
• ,
,.
22
Minnie
V. Jaeobsen
46
8,000 1
100
8
400
21
Anror*
J.Harold
tl
8,000 1
100
10
son
2t
Wanderer , ,
H. Paxton and Co. •.
33
6,000 1
100
8
400
2)
Venture . . . ,
D. Urquhardt . .
48
5,000 4
400
,.
..
15
Mountain Chief*
J. Hawassund . .
23
1,000
,,
4
160
HI
Lctitia*
P. Quachaund , . , ,
28
1,000 1 ..
••
5
200
12
Totals
2,042
248,250 j 107
10,S25
145
0,910
c;s
Indian suhooncrs.
Thr following uoinod Schooners carried part Indian Crews (1890).
Names.
Number of
Indians.
katiierine .,
20
Beatrice ..
■ •< ••
24
Minnie
• t • • •
24
Aurora . .
. .. •;
20
Kate
• •• ••
24
Favorite .
• • ■ ■ •
24
Mary Taylor
. •• ••
20
Ariel
• • .;
24
Nii{>phire . «
. ■• ■ •
30
Wond'Ter .,
* .i .;
lit
.luanita ■.
• • • • •
16
W. P. Sayward
i *i ••
28
Lily
,,
• < t < •
20
Venture , .
4i
• • • • •
16
Adele
Toial ..
..
• •
12
324
fW'
List of Vessels and Cateh of Victoria Scaliii'' Fleet for 188!i.
Veascla.
Coast Catch.
Hehring'a Sea,
Total.
Britisli—
Pathfinder ..
942
48
900
Ten's* .« •• ••
482
828
1.310
Viv»
1,481
2,882
3,643
Annie C, Moore
802
1,318
2,I2ft
Tinelopo
381
l,79fl
2,180
Sapphlri!
1,364
1,026
2,990
Onwards .. .. ..
81(1
816
Juanita .. .. t.
135
"29
164
Jfaiy Taylor..
747
..
747
Minnie
200
soo
700
Wanderer ..
178
,,
178
Ariel
841
844
1,685
Lily
281)
74
354
Black Diumond
G29
,'1,'i
684
Kate
fi24 '
800
1,424
Favorite
34ft
1,764
2,101
Mountain Cliief
2IU
,,
2111
Sierra
HII
..
SO
W. P. Sayward
.'10-
1,643
2,200
Winifred
22
.,
22
Heatrico . . . . . . . *
;>o!>
700
1.200
Maggie Mae , .
777
1 ,290
2.067
Triurapli
72
••
72
12,403
1,>497
27,960
Amcridin —
Waller Rich . .
1,4 Ifi
, .
1,419
Sat) IMi-iiii . , . .
119
,.
69
J, llaniiltun Leivis
212
, .
242
Vi'iiliiri' . , • . ••
317
:ii7
AlilT I,. AU-iT
253
llcni-y Ueiinis .. ', . i .
13
'700
7m
Liillie
, .
625
625
Mollie Ad.tins
1,5.'13
l„-)53
Ues»ie Butler. .
525
525
2,3ia
3.403
5,721
(Icnnan , . . . • ■ • •
240
1,461
1,701
Appendix (IJ).
Mr. Jdina G. litraii's Eriikini;
I Tluil U tin; liiiiiil in my iiiK^alidii. Vmi My Ihnt il i^ im! Iruc ihat I'aV cvury .scul taivi'li Iiy Relations with Canada,
I.W11 suviiral arc killiMl '. — A. 1 do not l.elicvt.^ il ; 1 liitve no uviileiicr oi il. p, 281,
1(/. Iiii yiiu mil, think 11 tfrwil, many mn 'o an; killoii llian llicy ,i,'el the skins uf .'— .f. Xo, I dn nut ;
ink liny say sn, and I knnw tlie Alaska Cunniu'ivial Company will Iry lo have yoii Ijelieve so, hut
[lilt cviilcnee 1 have ri'oni tiie ,>ie<iloi's is diivelly In the eonliaiT,
Alipcndi.K (E),
J)/)\ Jomcii 0. Sii'diia Eciilt'iin
\'>. llinv aro thosu seals taken fit (.'ape Flat .y '. — A. Jlost of Ihem are taken liy llie Indians, but,
Ifeyoiirs they have been shouting .them 11 goml deal, and, its a eonsei|uenee, soaks have been very lbW.,p. 286,
'1 tliiit when they see a boat or euiioe eomiiig, they will get outj nf the Wiiy, They are very
iijeiil animals.
I ?, Wlieu tiicy are shot, arc tiiey always brought iialiure ; — A. Yes, .Sir.
' * « » • « « •
Appeudi.\ (F).
Mr. James U. Swan's i'vidcnce.
Ilioy are ne\er taken in motion.
[95]
Ibid., p. 18<.
!L^
rf
I '
;i
■i- 1
fe
h
' f,
•; I
19
SaaiUoni withCuudi,
p. 846'.
«
I
Aj)pendix (Ci).
(,'aplaiii. JoshiM Brmon's Ecidciuc
LET the Oovernineiit place proper people on those isliinds, and estntilish open mid cluseniiJ
tlien say tliat no sealers sliould go within :! leagues of tiiese islands, for the females tlmt nurse |
young never go farther away front the islands than that; there is au abundance of fish IhiTefoni
to eat. The females go back to the islands two (U' three times every day to nurse their youii".
let no fishermen go in tl;ere, and let there be close months, and let tiiem iiave a fair and crjual dj
and then 1 do not think tiiey will ever exterminate tliose seals, because they reproduce llienit
every year properly protected.
No. 23.
Foreign Office to Sir C. Lampson and Co.
Gentlemen, Foreign Office, January 2, 189]]
I AM directed by the Marquis of Sulisbury to acknowledge the receipt of your 1
the 30th ultimo on the subject of the Behring's Sea seal fishery and the trade in seaUli
with the United States.
I am, &c.
(Signed) P. CURRl^
No. 24.
Colonial Office to Foreign Office. — (Received January 3.)
(Extract.) Dotcning Street, January 2, 1891J
I AM directed by Lord Knutsford to transmit to you, to be laid before the Mar(
of Salisbury, a copy of a letter from the High Commissioner for Canada, and ofadespi
from the Governor-General of Canada, on t subject of certain statements in Siil
Pauncefote's despatch of the 24th July respecting the progress of the Behring's f
negotiations.
Inclosure I in No. 24.
Lord Stanley of Preston to Lord Knutsford,
My Lord, Government House, Ottawa, November 22, 189(
WITH reference to your Lordship's despatch of the 4th October last, inclo)
copy of a despatch from Sir Julian Pauncefote to the Foreign Office on the subjecl
the Behring's Sea seal fisheries, I have the honour to forward, for your Lordsbl
information, a copy of an approved Minute of the Privy Council, embodying the commf
of the Minister of Marine and Fisheries upon the views expressed in Sir Julian's despi
I have, &c.
(Signed) STANLEY OF PRESTOl^
Inclosure 2 in No. 24.
Report of a Committee of the Honourable the Privy Council, approved by his Excellm^f
Oovemor-General in Council on the 19<A Novembef, 1890.
THE Committee of the Privy Council have had under consideration a ColoniaK
despatch dated the 4th October, 1890, transmitting a despatch to the Foreign Office i
the British Minister at Washington, Sir Julian Pauncefote, on the subject of the Behiif
Sea fisheries question.
The Minister of Marine and Fisheries, to whom the despatch and inclosure i
referred, states that he has read with interest and satisfaction Sir Julian Pauncefote's (
statement on the course of the Behring's Sea negotiations, and of the present situatiol
the controversy.
The Minister, while recommending that these despatches be filed for future refere
77
deems it advisable to call your Excellency's attention to the following remarks in Sir
Julian Pauncefote's despatch, viz. : —
"The result of the careful consideration which I gave to the evidence on both sides
was to satisfy my own mind that while measures are called for to protect female seals with
young from slaughter during well-known periods of their migration to nnd from tlic breeding
islands, and also to prohibit the approach of sealing-vessels within a certain distance of
those islands, the inquiry had failed to estalilish the contention of tiie United States*
Government that the absolute prohibition of j)elagic sealing is necessary for the preservation
of the fur-seal species."
The Minister further states tliat if Sir Julian Pauncefote means by this that it is
necessary to restrict the hunting and killing of seals at all times when found outside of the
islands or breeding resorts of the Behring's Sea, and the territorial waters surrounding
them, or to prohibit the killing of seals found beyond the ordinary 3-mile limit in Behring's
Sea, he (the Minister) desires to say that, having given considerable attention to the
various arguments adduced in support of the contentions that measures are required to
;-otcct female seals, and that the approach of sealing-vessels within certain limits of the
scaling islands should be prohibited, he has failed to observed any satisfactory evidence
from which it could he established that regulations are necessary to protect the female
seals with young within the Behring's Sea before they reach the breeding islands.
While there appears to be no good reason for doubting that considerable destruction by
sealers of different nations takes place during the months of January, February, March,
and April, along the coasts of the United States and British Columbia, before the seals
begin what may be termed the direct journey to- the breeding rookeries, the best authorities
known to the Minister of Marine and Fisheries go to show that female seals with young
proceed with extraordinary rapidity on entering Behring's Sea direct to the breeding
rookeries, and that during such time it is impossible for the hunters to secure them by shot
or spear, neither can he accept the opinion tiiat it is necessary to restrict pelagic sealing
beyond the distance of the 3-mile limit.
The Minister, however, while holding strong views upon these points, does not
pretend that a full and tliorough investigation on the subject by those especially qualified
to make such an exanunation would not support the impression apparently entertained by
Sir Julian Pauncefote touching these phases of the question.
The Minister, while differing from Sir Julian Pauncefote on the foregoing points,
cordially concurs in the concluding paragraph of Sir Julian's despatch, wherein he states : — •
"That if the United States' Government persist in their endeavour to exclude British
subjects from any participation in the fur-seal fishery in Behring's Sea, on the plea that
such exclusion is necessary for the preservation of the fur-seal species, they assume a
position which will not bear the test of an impartial inquiry."
The Committee, concurring in the above Report, recommend that a copy of this
llinute be forwarded to the Right Honourable Her Majesty's Principal Secretarj of State
for the Colonies, for submission to Her Majesty's Government, and also that a copy be
forwarded to the High Conmiissioner for Canada in London, for his information.
All which is respectfully submitted for your Excellency's approval.
(Signed) JOHN J. McGEE,
Clerk, Privy Council.
N.
II
; 1^
w
[, I
5Y OF PRESTON
No. 25.
Colonial Office to Foreign Office. — (Received January 8.)
Sir, Downing Street, January 8, 1891.
WITH reference to previous correspondence, I am directed by Lord Knutsford to
transmit to you, for the information of the Marquis of Salisbury, a copy of a despatch
from the Governor-General of Canada, forwarding a further Minute of the Privy Council,
submitting a letter from the Collector of Customs at British Columbia as to the catch of
seals in Behring's Sea during the season of 1890.
I am, &c.
(Signed) R. H. MEADE.
;d for future refert
I
i
11
78
Inclosure 1 in No. 25.
Lord IStanley of Preston to Lord Knutsford.
My Lord, Government House, Ottawa, December 12, 1890.
WITH further reference to tlie subject of my despatch of the 28th ultimo in regard
to the catcli of seals in the Behriug's Sua, i have the honour to inclose a copy of an
approved Minute of the Privy Council, submitting a letter from the Collector of Customs
at Victoria, British Coluuibia, containing supplementary information as to the season's
catch of seals by British Columbian vessels.
I have, &c.
(Signed) STANLEY OF PRESTON.
Inclnsure 2 in No. 25.
Report of a Commiltpe of the Honourable the Prinj Council, approved by his Excellency the
Governor-General in Council on the 5th December, 1890.
ON a Report, dated the 1st December, 1890, from the Minister of Marine and
Fisheries, sulunitting, with reference to the Minute of Council of tlie l.'jtli November,
1890, respecting this se:i!-on's catch of stnis by vessels sailing from British Columbia, in
supplement thereto a letter received from the Collector of Customs of t)ie Port of Victoiia,
British Columbia, under date the 11th November, 1890, and which is annexed :
The Committee, on the recommendation of the Minister of Murine and Fisheries,
advise that your Excellency be moved to forward a copy of this Minute to the Principal
Secretary of State for the Colonies for aubmission to Her JNIajesty's Government.
All which is respectfully submitted for vour Excellency's approval.
(Signed) JOHN J. McGEE,
Clerk, Privy Council.
Inclosure 3 in No. 25.
Mr, Milne to Mr. Tapper.
Sir, Victoria, British Columbia, November 11, 1890.
I HAVE the honour, in further reference to your telegrams of the 15th and 16th
ultimo, to say that since my letter of the 30th ultimo I have had interviews with those
masters of bcliooi.ers that remained the latest in the Behring's Sea, and who were most
fortunate in getting a laigc catch. Amongst tlie masters, W. 13. Baker, master of the
schooner " Viva," whose catcli was 2,015 in Behring's Sea, and also V. J. Jacobsen,
master of the schooner " .Minnie." These men being intelligent and careful mariners, on
being questioned by me, separately declare that they have never seen the seals more
plentiful than just before they left iJehring's Sea; Jacobsen saying that with his Indian
crew, the few days before leaving the sealing-gronnds, the Indians would bring 250 to 275
on board daily, but that the weather was ve •- boisterous, foggy, and bad, interfering very
much with their operations.
And I can now safely repeat what I have ah'eady said and written, that owners and
masters do not entertain the slightest idea tliat the seals are at all scarcer, and all
interested in the sealing industry arc of the opinion that the bowlings of the American
press about the scarcity of seals caused by the "seal poachers " (as they term our vessels)
is simply manufactured by the paid agent of the new Company, '• I'he North American
'J'rading Comjiany," both here and in San Francisco, no doubt to gain some advantage for
themselves. It is a fact well known to our sealers that during this year the only vessel
that attempted to raid any islands was the American schooner, " Geo. R. White," on
Copper Island, and last year two American schooners raided, but without much success.
That our schooners have been most careful I can safely assert, from my acquaintance and
knowledge of the character of masters and owners, that no attempt would be made by any
of them to commit any breach of law or international regulations.
\'arious reports have been telegraphed i'rom here and San Francisco regarding the
reported sailing of our schooners on a second cruize to Behring's Sea, as reported for the
express purpose of raiding the seal islands of St. Paul and St. George. I inclose you a
cutting from one of our newspapers that gives the story.
79
On the 20th September the Canadian schooner " Triumph " clears u from this port
for a second cruize in the North Pacific and Behring's Sea. Tlie same vessel was the first
to return from Behring's Sea, owing to lacl« of success caused by boisterous weather, and
(he owners thought best, rather than have her laid up to January, the time for spring
outfit, to make reasonable terms with the crew, and send her out for a second voyage, as
it was considered that tlie seals niigiit move to tiic westward and bo later. At this time
it was known that the seals were found to the north and eastward of the Islands of
St. Paul and St. Oeorine.
On the sailing of this schooner, which was done in open day, without any attempt at
concealment, telegrams were flying all over the continent that a Heet of British poaching
schooners had cleared for Behring's Sea, to raid the Pribylov Seal Islands. A lew days
after a small German schooner, named the " AdtMe," cleared from here to Yokohama.
.Japan. She was also reported as having gone to raid the Seal Islands.
This having been reported to San Francisco, I am creditably informed that 11. Liebes
(of H. Liebes and Co.), the Resident of the Nortli American Trading Company, the lessees
of the Seal Islands) telegraphed to the United States' Consul here, and who seems to have
been controlled by otliers, and he made representations to his Government, which 1
understand he has since denied, but which, 1 think, there was no doubt, as Lieutenant
Wooley, of the United States' cutter "Wolcott" came over to obtain further infor-
mation from the Consul, and he also called at the Custom-house, and when he left
me he was, I think, satisfied that the whole matter had been misrepresented to his
Government.
You will see by the inclosed newspaper cutting a copy of the order given to the
revenue-cutter by the Assistant Secretary to the Treasury, O. S. Spaulding : —
>"i
;■!
"Didn't catch them.
" The United States' Government spends a lot of money foolishly.
"The steamer 'Bertha' lay at anchor in Port Townsend Bay all day Sunday. She
was not attached to a British sealer either, as some tliought she would be, when she came
back to Puget Sound. She arrived early in the morning from Alaska, where she went
three weeks ago in charge of Captain Russel Glover, of the revenue-cutter ' Wolcott,' and
Lieutenant Benhem, of the Revenue Marine Service, stationed at San Francisco. Captain
Glover was seen by a reporter, and he stated that he went only as far as Ounalaska on his
cruize. There he found the cutter ' Bear ' in charge of Captain Healy, and delivered to
that oflicer all orders in his possession.
" It will be remembered that quite a ripple of excitement was caused some weeks ago
by the report that the United States' cutter * Wolcott ' had been ordered to Behring's Sea,
and that the steamer * Bertha ' went in her place. The following orders were the ones
sent on to Captain Glover : —
" ' Washington, D.C., September 22, 1890.
'"Captain Russel Glover, Revenue cutter "Oliver Wolcott," Port Townsend, Waeh-
ington.
" ' The schooners " Triumph," " Adelc," " Mary Ellen," " Pathfinder," and probably
others, are reported to have left Victoria for the Seal Islands within the past three days,
for the purpose of raiding them. You are hereby instructed to promptly proceed to cruize
about the islands as long as the weather will jjcrmit, and spare no effort to protect the
rookeries,
" ' You arc not instructed to warn raiding vessels oft", but are instructed to discover
them in the act. If they are takino: seals on land at the islands, seize and bring them to
Sitka. In brief, get them with evidence to convict.
" ' Give a copy of tliese instructions to the " Rush," or " Bear," who are hereby
instructed to be governed by them.
"' It may be well for you to obtain additional information concerning the raiding of
vessels from United States' Consul at Victoria, if you can do so without delaying your
departure.
(Signed) '"O. S. Spauiding,
" 'Assistant Secretary, Treasurer,'
"The 'Bertha' took the place of the 'Wolcott' on account of the latter's unsea-
worthiness, and supplies and men were transferred to the 'Bertha,' the Government
li; i
u U
;! p
80
paying 200 dollars per day for her, and the steamer started north. After meeting the
' Bear ' at Ounalnska, the ' Berthu ' whs laid up for a few days for some bhght repairs, and
while transferring coal and supplies taken up for the Dading Company. She also picked
up thirteen seamen helonging to the wrecked whaling-schooner ' Thomas Pope.' These
will bo taken to Seattle by the 'Bertha,' which is now lying in Port Townscnd
Harbour.
"The cutter 'Bear' proceeded at once to Bchring's Sea, in charge of Captain Ileaiy,
to carry out the orders of Spaulding. From the last sentence of his official despatch it is
evident the original information was sent out from Victoria.
" Lieutenant Willey admits having gone to Victoria to sec what could be found out
regarding the matter, and he was told the 'Triumph' and 'Adtile' had both cleared.
The former was flying the British flag, and had cleared for Behring's Sea, The ' Ad^le'
was flying the German flag, and was on the way to Behring's Sea."
The only vessels of our sealing fleet that have cleared, up to this |date, from thig port
are as follows : —
Canadian schooner " Triumph," Cox, master, North Pacific and Behring's Sea.
German schooner " Ad^le," Hansen, master, Yokohama. Japan.
Canadian schooner " Mary Taylor," Petit, master, South Pacific and Galapagos
Islands.
The " Triumph " clearing on the 20th September, the " Adolo " on the 23rd September,
and the " Mary Taylor" on the 1 Jth October last.
The master and owners of the "Triumph" assured me that the vessel will likily
circle out of Behring's Sea towards the Kurile Islands, and endeavour to follow the track
of the seals, probably returning by way of Sandwich Islands. The German schooner
" Ad5le," I am satisfied, went towards the Kurile Islands, on the Asiatic side, and from
thence, I believe, goes to Yokohama, Japan, where her owner resides. I have endeavoured
to make clear to you the movements of the only vessels of our sealing fleet that have left
our port (the rest all being laid up here until January), as a refutation of the many absurd
rumours that have appeared in the American press as to the number of our vessels that
had left on a second cruize, for the express purposr raiding the Seal Islands.
In my letter of the 30th ultimo I inclosed a sta.oinent of the number of seals caught
by each of our vessels, as well as the number sold here by foreign vessels. I would now
most respectfully beg to point out to you the number of seals taken on our coast, which I
have designated as the Coast and Sand Point catch, which arc both coast catches. Before
this year there were only two divisions made, that is, the early spring and the Behring's
Sea catches, and consequently the seals taken from Vancouver Island northward were
taken into Behring's Sea, and, on the vessel's return, were credited as being taken there.
This was manifestly wrong, as you will observe by my statement that 16,732 seals
were taken from Vancouver Island to Sand Point, on the Shumagin Islands, and only
18,165 altogether in the sea.
The statement sent you is correct, being carefully compiled by myself, and which will
constitute the manner in which we will keep record of future operations, as by this year's
statement it is clearly proven that sealing is not altogether confined to Behring's Sea, and
that we have in the North Pacific a considerable portion of this industry.
The statement reads as follows : —
Canadian vessels —
Spring coast catch
Sand Point coast catch
Behring's Sea .. .. ..
Diffui'cnco in favour of coast catch
4,650
16,732
21,382
18,165
3,217
Referring to my letter of the 30th ultimo, I would beg to make some small correction
as to the purchasers of sealskins this year at this port. I would now say : That
nearly the whole coast and Sand Point catches (that is, 4,870 and 16,732 this year) were
principally purchased by Morris Moss, the resident agent of the firm of H. Liebes and Co.,
of San Francisco, California ; trie said H. Liebes being the President of the North
American Trading Company, who are the present lessees of the Seal Islands in Behring's
Sea. I he portion of the Behring's Sea catch purchased by the said Morris Moss for the
said H. Liebes and Co., of Sun Francisco, as reported to me, were as follows :—
81
Canadian Vessels.
Sohoonera —
"Knte"
" Favourite "
"AdcSlc"
" Pi'iiflopc "
"W. P. SiiywBrd'
" Ariel "
" 8«B Lion "
Skim.
230
l.lirt
4:11
ur,
459
l,i;i7
774
The other portion of the Behring's Sea catch which was sold here was purchased
princi|ially by M J. Davis, agent of Joseph Uhlmann, New York, but a considerable portiaa
of them was sent to London by the owners direct.
I would further beg to point out that the price of skins last year, 1889, was 7 dollars,
[while this year the pricis have ruled liigh, the early spring catch at 10 dollars, the Sand
Point catch 1 1 dollars, and the Ikhring's Sea 12 dollars, and in some small lots 13 dollars
per skin, the aj^ent of H. Ltebes and Co. being active competitors, but those who could
ifford to send their skins to London did better.
Value of Vessels.
I would beg further to call your attention to the statement already sent you as to the
I value of vessels and outfits, crews, boats, ^c, engaged in the sealing business. 1 have seen
sonr.e adverse stntenicnts made as to the value of our sealing vessels in eastern pjipcrs, and,
as usual, without any knowledj;e o( the subject. I can assure you that our sealing-vessels
ire a credit to our i)orl, the greater part of them fine schooners taken round Irom Nova
I Scotia, and others tliat have been built here. They are all well found in every particular:
;ir outfits, boats, guns, &c., arc excellent. Tiiey are all fleet and excellent sea vessels,
I remaining out at sea on tiu' Pacific during the tierce gales that prevail during the spring of
I the year. A
I have taken considerable care to ascertain the value of new vessels built here at present
lirith the liigli price of labour, and J (ind that 100 dollars per registered ton is as low as a
Igood vessel can be built lor in this province. Some have doul)ted this, but exi)erience has
Ishown that in some ca^es it has cost 125 dollars, but ut the present I am assured that
IlOO dollars ))er registered ton is a fair figure, while in Nova Scotia and New Brunswick
llhe usual i)rice is 50 dollars per registered ton, being double in this province > >vliat it is
least. So it is with the boats, which cost from 125 to 100 dollars. Tliey are nuide
adapted to the scaling business, and vessels will carry from six to ten boats. The
I other portion of their outfit is likewise expensive, more especially regarding the particular
J of guns and costly rifles that experience has taught the hunter to he best adapted
[to ocean sealinK. These guns cost 55 to 65 dollars each, and the rifles are also
I expensive, so that when these larger vessels are ready for sea their outfits will be between
|3,l0O and 4,000 dollars, and smaller ones I have been informed, on best authority,
lire not less tlian 2,500 dollars. It must be borne in mind that these sciiooncrs will carry
lacrew, including hunters, of twenty-three or twenty-five men.
Five schooners will be added to our fleet from Nova Scotia this year. They have already
hailed via Cape Horn, and also one schooner purchased in Yokoliama, Japan. Th
schooners from 70 to 110 tons register. I understand that each of the schooners
llhat hi!s left Halifax brings a full crew of hunters. 1 have also seen it stated that
lanuniher of American schooners were going to .sail under our Hag in sealing. This
lisabsolutely not true. There are no American schooners changing their flag at present,
laud none contemplated. As a f ict, the American schooners have not been as succissful as
lour own Canadian vessels, and fewer of them have visited our port lust year than
I formerly.
I have the honour to inclose you some further information as to the Owners
land Masters Association. I send the newspaper cutting, which, I believe, is correct, but
I lam |iromised a full copy of the proceedings, which, if 1 receive in time, I will inclose
I herewith.
The terms are :—
Any hunter procuring; 400 seaU and upward
"„ „ 300 to 400
200 to 300
„ „ less than 200
[95]
Dol. c.
2 SO prr skin.
2 00
t SO „
1 00 „
M
k
If ■;
'I
1::
1
J*'
nil
I I'M
!■■ I
|i ..if
'\^'
82
The owners have bound themselves, in the event of the hunters not accepting I
this Bcnie, to import new hunters from the east, and no schooner to engage, in any cast
more than three of the old hunters.
" Interesting to Sealer$.
" On Tuesday a meeiinp; was held by the owners and masters interested in the scalini;
industry of this port, tht gathering having been called to deal with several matterB of vital
interest to all parties co:>c»;rncd. Captain Warren was asked to take the Chair,
Mr. Richard Hall, of Hall and Gocpel, acting as Secretary. The outlook for the next
season was disci'ssed at considerable length, as was the result of the past one. It was the
opinion of a<! t'lat the price of skins this year was considerably above the average, and
that it was highly probable that a drop in prices would take place next year. The reason
for the increased prices for the past season's catch was held to be due to the fact that the
bad weather had been against a big catch, and that tiie shortage naturally made a livelier
demand.
"The question of pay for hunters and boatmen then came up, and the adoption of a
scale per sealskin was discussed. It was admitted by the owners, many of wiioni are
practical men, tliat the business of seal-hunting was a dangerous and arduous one, and one
that should in all fairness be paid for in a liberal way, but, at the same time, the great
risks in the sealing; business, together with the uncertainty of the markets, made the
payment of an excessive rate entirely out of the question. It was also shown that a good
hunter, one who was able to get many seals, was a cheaper man at better pay than was a
poor one. An indifferent man occupied a boat and kept two boatmen at work, while the
result of his season's work might not be sufficient to pay interest on the capital invested.
in view of these facts, the following scale of wages was unanimously adopted : —
Catch.
Up to 199
„ 299
„ 399
400 or over
Grey pups, each
Pay per Skin.
Del
0.
1
00
1
50
2
00
2
50
1
00
! :
" It will thus be seen that the hunter who captures less than 200 only gets 1 dollar
each, while the good shot and experienced man who gets 400 or over has 2 del. 50 c.
each. This scale has been agreed to by all the owners.
"Boat pullers are to be paid 30 dollars per month, or 15 dollars per month and
25 cents per skin taken. This will be an incentive to the boatmen to work with the hunter
for a good catch.
" Another matter of importance came up, and that was the employment of old hands.
It was shown that there were not experienced hunters enough to man the fleet, and it has
been agreed upon by the owners to limit the number of old hands in each vessel to three,
the others to be made up of new men composed of porpoise hunters from the east. This
plan will give each of the owners an equal chance for a good crew. One exception only
was made, and that in the case of a schooner which is owned almost exclusively by the
hunters. In this case the rule as to limit in the number will not be enforced. The scale
of wages will, however, be the same."
Every year our sealers are becoming better acquainted with seal life, both in the
North Pacific Ocean and in Behring's Sea, and I have endeavoured to find out from the
mo't intelligent many matters on which there have been conflicting opinions. One of
iiiosf, as to the number of females caught ; and even persons in this province have been
ready to give extravagant opinions on this subject, as to the excessive numbers of females
taken. Now it is well known to our best and most intelligent sealers that a considerable
proportion of cow or female seals taken are barren, quite barren, that is, they have not
bori'C young for one or more seasons. This the hunters well know from the absence of
any a))pearance of lacteal fluid in the animal : it is now well known that the young seal
will take to the water as soon as born, contrary to the theory advanced by Elliot. On
this and many other like matters I endeavour to elicit all information that I think might
be of service to the Government at anv future time.
I i
83
I uni very hnppy to suy that the owners and masters of our scaling fleet arc always
ready and anxious to conCiT with n»e at any time in regard to any matter appertaining to
the sealing industry, and appear to be satisfied that the Government are doing everything
possible to brini; about an honourable settlement of this important (|ue8tion.
I have, &c.
(Signed) A. R. MILNE,
Collector of Cuntoms.
Inclosure 4 in No. 25.
Report of Proceedings,
WF, tlio Undersigned, members of the Victoria Ship-owners and Masters Sealing
Association, hereby agree and pledge ourselves to strictly adhere to the tariff of prices
agreed on at our meetings, and which said tarill' is hereinafter specified, and we also bind
ourselves on oiu' word of honour not to violate this agreement by offering any bonus or
indutenicnts of any kind whatever, outside the letter of this Agreement, and also we bind
ourselves to assist each other in every possilile manner to carry out this Agreement and
preserve the integrity of our Association. The following is the tariti' of wages and lay to
be allowed himters, boat-pullers, and steerers for the season 1891 : —
IIuiltlTS
On cutch of 199 nliins or less
„ 20n-299
„ 3()()-;i'.»9
400 iinil iipwnrilH
Dol. e.
1 00 per skin.
. 1 50
. 2 00
. 2 50
Excepting in fvcry iiistjiiicL' jiivy pup-skinii, for which will be pnid 1 dollar onoh.
The catch referring to the nund)er of skins secured by each hunter in his respective
boat, and delivered to the captain or officer in charge of his schooner. Any skin showing
grey marking under the fur about the shoulder is to be considered a grey pup-skin.
f
h :: .
Boat-pullers and Steerers.
Wages only, not to exceed 30 dollars per month. Wages and lay, 15 dollars per
month, and 25 cents per skin. Lay only, 50 cents per skin (grey pups excepted) all
caught in their respective boats, and delivered to the captain or officer in charge of the
scliooncr. On each grey jiup for lay only the price shall be 25 cents.
Second Officers.
Wages not to exceed 35 dollars per month. We also bind ourselves not to take
more than three experienced hunters in the sealing business on each vessel ro presented by
us, said hunters to be engaged at the scale or lay adopted by this Association, as herein-
before particularly described ; and we also agree that all hunters required in excess of the
three hunters above mentioned for each vessel shall be new men at tlu; business of seal,
hunting and shall be engaged at the same scale or lay hereinbefore mentioned, and this
clause shall apply to all vessels owned or controlled by the members of this Association,
whether clearing from the port of Victoria, or other ports in Canada or the United States,
or any port where any vessel owned or controlled by any member of this Association may
be fitting out for sealing on this coast. We also bind ourselves that the scale for Indian
hunters shall be as follows : —
For the spring engagement, for each seal-skin (grey pups excepted, for which will be
paid the sum of 1 dollar [.s'/c]), all to be delivered to the captain or officer in charge of the
schooner; and we further bind ourselves to offer no further bonus or inducement whatso-
ever, directly or indirectly, in excess of the above prices for the spring engagement.
On the Northern and Behring's Sea catch we agree to pay not more than 3 dollars
for each seal-skin (grey pups included) delivered to the captain or officer in charge of the
schooner, and, if necessary, also not more than 10 dollars for each canoe procured, and
also a bonus of not more than 10 dollars to the Chief or Headman for procuring such
canoes ; and we bind ourselves that the above shall be the only moneys paid out in excess
of the cost of the skinii, viz., 3 dollars for the Northern and Behring's Sea engagetnent.
And, lastly, we agree not to advance or in any way exceed the scale or lay of any
[95] N
'$4
hunters, sbojld those in Victoria decline to o".ccpt the hereinbefore-mentioned lay, but to
procure hiiuters elsewhere.
Jn the faithful performance of the within Agreement, we hereby sign our names, and
the names of the schooners represented l)y us.
No. '26.
^ir J. Paunrefotf lo the Marquis of Saliibury. — {Received January 16.)
My Lor^, Washington, January 0, ISDI.
I I/AV'E tlie honour to inclose herewith copies of the President's Message to the
House o.' Representatives, transmitting a letter from the Secretary of State, which is
accompanied by the correspondence which has taken place since the 2.3rd July, IB'JO, on
the Bchrini.^'s Sea question.
This corrp-pondcnce consists of your I.rf)rdship's despatch to myself of the 2nd August
last, and of Mr. Blaine's note in reply of the 17th December, copy of ""hich I had the
honour to traismit to your Lordship in my despatch of the 19th ultimo.
I have, &c.
(Signed) JULIAN PAUNCEFOTK.
Inclosure in No. 26.
President's Message.
Seal Fisheries of Behring's Sea,
To the House of Representatives,
IN further response to the Resolution of the House of Representatives, requesting,
me, if in my iadgment not incompatible with the public interest, to furnish to the House
the correspondeace since the Ith March, 1889, between the Government of the United
States and tlie Government of Great Britain, touching the subjects in dispute in the
Behring'. Sea, 1 transmit herewith a letter from the Secretary of State, which is
accompanied by tlie correspondence which has t=iken place since my Message of the
23rd Julv, 1390.
(Signed) BENJAMIN HARRISON.
Executive Mansion, January 5, 1891.
!■
To the President, Department of State, Washington, January 5, 1891.
In response to you' direction, I submit herewith the official correspondence between
the tJoverniiient of the United States and tl'e Government of Great Britain, touching the
seal tisheries of the Bt'.r. '^'s Sea, since the I9th July last.
I am, &c.
(Signed) JA.VIES G. BLAINF.
• 1
1(1
^o. 27.
Sir J. Pcuncefote to the Marquis of Salisbury. — (Received January 20.)
(Telegraphic.) Washirigton, January 20, 1S!)1.
BEHRING-a Sea.
With reference to my telegram of the 17th instant, I have the honour to inform
your Lordship that 1 saw Mr. Blaine yesterday, and he showed me a statement uhioh
had appeared "n the "Times" of the .5th January respecting the naval preparations nt
the United States in the Pacific.
This statement was, he said, based on a mischv vous telegram from the Philadc'pliin
correspondent of the " Times," and explained tlu temporary e.\citcment in Loik'oii.
The telegram was ah.-iolutely and entirely false.
JNCEFOTI'.
^ARRISON.
99
No. 28.
Colonial Office to Foreign Office. — {Received January 30.)
tixtract). Downing Street, January 29, 1891.
WITH reference to a Report, received through the Admiralty,* from the Com-
:iiOT(ier-in-chief on the Pacific Station on tlie subject of the seal fishing in the
leliring's Sea, I am directed by Lord Knutaford to transmit to you, to be laid before the
llarquis of Salisbury, an extract of a despatch from the Governor-General of Cautada,
vitli a Minute of his Privy Council, submitting a Report by the Minister of Marine and
"islicries on the Commander-in-chief's letter.
Inclosure 1 in No. 28.
Lord Stanley of Preston to Lord Knutsford.
(Extract.) Government House, Ottawa, January , 1891.
I HAVE the honour to forward lo your Lordship a copy of an approved Minute of
III.' Privy Council, submitting a Report by the Minister of Marine and Fisheries on the
letter from the Commander-in-chief on the P.acific Station as to the seal fishery in
Beliring's Sea, copy of which was inclosed in y^uv Lordship's despatch of the
itli Ncveniber last.
Inclosure 2 in No. 28.
Ei^port of a Committee of the Honourable the Privy Council, approved by his Excellency the
Governor-General in Council, on the 3\st December, 1890.
THE Committee of the Privy Council have had under consideration a despatch,
liated the 5th November, 1890, from Lord Knutsford, transmitting a copy of a commu-
nication, received through the Foreign Office from the Admiralty, inclosing a Report
from the Commandor-in-chief on the Pacific Station concerning the seal fisliery in
Behrin;;;'s Sea.
The Minister of Marine and Fisheries to whom the despatch and inclosures were
referred, submits the annexed Report thereupon, in which the Committee concur.
The Committee advise that your Excellency I)e moved to forward a copy of this
lleport to the Right Honourable the Secretary of State, for the information of Her
"ijesty's Government.
All which is respectfully submitted for your Excellency's approval.
(Signed) JOHN J. McGEE,
Clerk, Privy Council.
Inclosure 3 in No. 28.
Mr. Tapper to Lord Stanley of Preston.
Department of Fisheries, Canada,
Extract.) Ottawa, November 27, 1890.
THE Undersigned has the honour to acknowledge your Excollency'.s reference,
covering a lett.T from Her Majesty's Principal Secretary of State for the Colonies,
[ transmitting a copy of a communication received by Lord Knutsford through the
Foniign Office from the Admiralty, inclosing a Report from the Commander-in-chief on
I liie I'acific Station concerning the seal fishery in Behring's Sea.
Tlie Undersigned has carefully perused the letter of the Commander-in-chief of the
I'acific Station, in vihich he reports to the Admiralty the return of the sealing schooners
Inini Behring's Seo, and certain information which he has gathered from the captains of
i!ie schooners resi)«cting the nature and extent of this season's catch of seals.
The Undersigned would observe that after full incjuiry through the Collector of
[lii^toins at the Port of Victoria, British Columbia, he submitted a Report upon the
^ull.ioet of this season's catch, which your Excellency approved, on the 17th and
I'Hh November, 1890, and that the information thus co'iveyed to Her Majesty's Govern-
jiiicnt is supplemented by a further Report from the Undersigned based on additional
I Hirticulars from the Collector of Customs at Victoria, under date the 11th November.
• See No. 13.
i - ■■',!
it'
^rr
\.\ It
I J
. i:1
I-
Paragraph 6 of the Report twf the Admiralty from the Commander-in-chief on the
Pacific Station, to wliich special attention ii^ directed by the Admiralty, is as follows;—
*' They (the captains of the sealing vesHf'is) alao mentioned thai two-thirds of their
catch consisted of female seals, but that after the lit«t July very few indeed were captured
' in pnp,' and that when sealin*^ outside tiie Bebrins^s Sea round the coast on the way up
(where this year the heaviest catches were made) they acknowledged that seals ' in pup'
were frc(|uently captured."
'I^he Undersigned would remark upon this, tliar »teal-hunters are in the liahit of
classifying seils as males and females when assiwiigr their catche-^ for tin? markets
regardless of the sexes ot the seals ; in other words, rtll wtals of a standard size and over
are classed as males, those under the standard size teiog .'iassed as females.
ft does not appear from llear-Adniiral Hotham's Report, that in his investigitioiis
any special examination was made as to tlie sex<>«, anel the Undersign*»d would rcniarlv, in
passing, tiiat very careful investigation is riecesswy in »>cder to di.««tinguish the male from
the female seals.
Reading j)aragrapb 6. iiovf*a..*i-, as applicable to the e^»(l^^ien•y» of the bunters previous
to their entering IJeiiring's Sea. t.'he views conveyed by ifcear-Adnviiral /lotham to the
Admiralty are not inconsistent wrtti information received from tinu- to time by the Under-
signed, to the el^fect that a co\mf\i'r<d<t\o number of female seai- anf sf>a'l« "in pup" have
been taken outsid*- of the lieiirin; - .Si-- in the great waters of tl.^ <" Vean, and aloii"
lihe coasts of British Columbia, ("alitVu'vi^, and Washington terrii.. ''ii",- f .'ndersigned,
iij>on this ])hase of the sealing industr • /norcover, would remark that u«^A»Mr the Unite i
Staites nor anv other nation has yet c:vj^ ssed willingness to consider a <rfose season,
covering the great waters of the Pacitie Oi;oan outsidi of Behring's Sen. .so a* to prcvtiii
the destruction of seal life.
The Undersigned is of the opinion that, upon investigaition by experts, j« might
possibly be found necessary, for the preservation of the i'ur-8>'a] species, .o estwhlish
Regulations in order to jjrcvent tliis slaughter upon the c-asts a!lx>vp mention*'.''! Tiifre
is evidence that the slaughter of the females when '-in pu)i " occivrr' while the .,>*Mi tt"
travelling slowly up the coasts on their way lo the roolieries in liehring's .S(
resting, playing, or feeding, before they have begun the more immediate and
journey to the brcL'ding islands. There is, however, it is submitted, no .satisfac;
evidence to establish that when the seals have onct. ])assed througii the .Aleutian Islaim-
on their course to the breeding rookeries, that ir is possible for hunters to shoot n!
Indians to spear them; on the contrary, there is tidiable authority for stating (hat \\v
journey through the Aleutian Islands and to the breeding .jroumls is direct and swift. Ii
is known, moreover, that the pelagic seah-rs in Hehring's ''ea obtain their catch chieHy
from the '' bachelor" seals and the "barren cow "' seals, found at different points olftho
rookeries, at periods wln'n tlie breeding seals are mostly confined to the islaiuls, and ibe
waters immediately surrounding the islands.
JVo. 21).
Sir J. Puunvcfotc to thr Mdrquis of ISalisbiirii. — (Riteived Fobruianj 10.)
(Telegraph ic.) Waxkingtf.ii. FMyrmiery 9, W91.
IN ;in interview Avhich T had to-day \^ ilh Mr. Klaine lu- ''■'u' ,..• had been
intending to write to me to ask whether he was to consider -, - t'lriesfi' n-
dence on the IJehring's Sea question suspended or closeOi » \'-uti$f rfl !til»«r ]•
proceedings in the "Say ward " case now before the Supreme ^'jimfi.
I said that I had no instructions on the subject, but that w» »'icw of tlie Bftpu:
reply of the Parliamentary Under-Seei'etary to a ((uestiou in tiw Hons*^ of To'
that the legal |)roeee(ling in (luestion was in the nature of a prirale suit, atio
interlerc with the pi'uding negotiations, 1 did not think that your f/vrd'^iiip (ronsuk'vcil
the dii)lomatie eorresjjondeui'e closed or even suspended. 1 addcil- however, thai f
■would inl'orm your Lordship ol' the inquiry he had made.
No, 30.
The Marquis of Salishunj to Sir J. Pauncefote,
(Telegraphic.) Foreign Office, Frhnmrii 10, 1301.
Wn li reference to your telegram of ye a-rday, I have to intorm you that an replj
to Mr. Blaine's note of the 17th Pccembcr on the subject of ilehring's Sea, will he sent
87
very shortly. I. have delayed it wiih the object of obtaining iniorumtion on a few
points.
There is not, in my view, any connection between the legal proceedings in the case of
the " W. P. Sayward " and the diplomatic correspondence with regard to Behring's Sea.
:No. 31.
The Marquis of Sulisbiinj to Sir J. Paimcefote.
Sir, Foreign Office, February 21, 1891.
THE despatch of Mr. Blaine, under date of the 17tli Deconil)er, has been carefully
considered by Her Majesty's Government. The effect of the discussion which has been
carried on between the two Governments has been materially to narrow the area of
controversy. It is now quite clear that the advisers of the President Jo not claim
Behring's Sea as a mare daiisum, and indeed that they repudiate that contention in
express terms. Nor do they rely, as a justification for the seizure of British ships
in the open sea, upon tiie contention that the interests of the seal fisheries give to
the United States' Gover?iment any right for tliat purpose which, aocoiding to inter-
national law, it would not otherwise possess. Whatever importance tiiey attach to the
preservation of the fur-seal species, — and tliey justly look on it as an object deserving
tlie most serious solicitude, — they c.o not conceive that it confers upon any Maritime
Power rights .over the open ocean which that Power could not assert on other grounds.
The claim of the United States to prevent the exercise of the seal fishery by
other nations in Behring's Sea rests now exclusively upon the interest which by
purchase they possess in a Ukase issued by the Emperor Alexander I. in the year 1821,
whic'li prohibits foreign vessels from a])i)roaching within 100 Italian miles of the
coasts and islands then belonging to Russia in Behring's Sea. It is not, as I under-
stand, contended that the Russian Government, at the time of the issue of this
Ukase, possessed any inherent right to enforce such a prohibition, or acquired by the act
of issuing it any claims over the open sea beyond the territorial limit of 3 miles, which
v would not otherwise have possessed. But it is said that this prohibition, worthless
itself, acquired validity and force against the British Government because that
Government can be shown to have accepted its provisions. The Ukase was a mere
usurpation ; but it is said that it was converted into a valid international law, as against
the British Government, by the admission of that Government itself.
I am not concerned to dispute the contention that an invalid claim may, as
against another Government, acquire a validity wiiich in its inception it did not possess,
if it is formally or effectively accepted by that Government. But the vital question for
decision is whether any other Government, and especially whether the Government of
Great Britain, has ever accepted the claim put forward in this Ukase. Our contention is,
that not only can it not be shown that the Government of Great Britain, at any time since
1821, lias admitted the soundness of the pretension put forward by that Ukase, but
that it can be shown that it has categorically denied it on more than one occasion. On
the 18th .lanuary, 1822, four months after the issue of the Ukase, Lord Londonderry,
ien British Foreign Secretary, wrote in the following terms to Count Lieven, the
iuxsion Ambassador in London : —
" Upon the subject of this Ukase generally, and espec'nlly upon tlie two main
principles of claim laid down therein, viz., an exclusive sovereignty alleged to belong
ti T! ■ over the territories therein described, as also the exclusive right of navigating
'r. witliin the maritime limits therein set forth. His Britannic Majesty must be
.rnut'is •. M;, hereby reserving all his riglits, not being prepared to admit that
the iti'i,!!..., use which is allowed on the face of this instrunicnt to have hitherto
subsisted o*- those coasts and in those seas can he deemed to be illicit; or that
the sliips of (■'iimdly Powers, even supposing an unciiiaiified sovereignty was proved to
appertain to ti.r Imperial Crown, in tlicse vast and very imperfectly occupied territories,
could, ijy tile acknowledged law of nations, bo excluded from navigating witliin the
distance of lOO Italian miles, as therein laid down, from the coast."
On the 1 7th October in the same year the Duke of Wellington, Ambassador
at Verona, addressed to Count Nesselrode a note containing the following words : —
" Objecting, as we do, to this claim of exclusive sovereignty on the part of lUissia,
I might save myself tht- trouble of discussing the particular mode of its exercise au
[Dr.] O
i ■']
i f
ii
'■^
]n
.ft > : r I
if • CJ 1 ••]
f '>'■ 1.1
(f
m
Si a «:
i-i H
M
111 h
IP
ill
t 1 ;
i H
* :i i
li;
ft:
! ^^
fill
88
Bet forth in this Ukase. But we object to the sovereignty proposed to be exercised under
this Ukase not less than we do to the claim of it. We cannot admit the right of any
Power possessing the sovereignty of a country to exclude the vessels of others from
the seas on its coasts to the distance of 100 Italian miles."
Again, on the 28th November, 1822, the Duke of Wellington addressed a note to
Count Lieven containing the following words : —
" The second ground on which we object to the Ukase is that His Imperial Majesty
thereby excludes from a certain considerable extent of the open sea vessels of other
nations. We contend that the assumption of this power is contrary to the law of
nations ; and we cannot found a negotiation upon a paper in which it is again broadly
asserted. We contend that no Power whatever can exclude another from the use of
the open sea ; a Power can exclude itself from the navigation of a certain coast, sea, &c.
by its own act or engagement, but it cannot by right be excluded by another. This we
consider as the law of nations ; and we cannot negotiate upon a paper in which a right
is asserted inconsistent with tliis princijjli'."
It IS evident, therefore, that so far as diplomatic representation went, the King's
Government of that date took every stej) which it was in their power to take, in order
to make it clear to the Kussian Government that Great Britain did not accept the
claim to exclude her subjects for 100 miles distance from tlie coast, which had been put
forward in the Ukase of 1821.
Mr. Blaine docs not deal with these protests, which appear to Her Majesty's
Government to be in themselves amply sutlicient to decide the question, ■whether Great
Britain did or did not acquiesce in tlie Russian claim put forward by the Ukase. He
confines himself mainly, in the despatch imdcr consideration, to the consideration of
the Treaties which were subsequently made between Great Britain and Russia and
America and Russia in the year lS2u ; and especially of that between Russia and
Great Britain. This Treaty, of which the text is printed at the close of Mr. Blaine's
despatch, does not contain a word to signify the acquiescence of Great Britain in the
claim recently put forward by Russia to control the waters of the sea for 100 miles
from her coast. There is no stipulation upon which this interpretation can be imposed
by any process of construction whatsoever. But there is a provision having in our
judgment a totally opposite tendency, which indeed was intended to negative the extra-
vagart claim that had recently lieen made on the part of Russia ; and it is upon this
provision that the main part of Mr. Blaine's argument, as I understand it, is founded.
The stipulation to which I refer is contained in the 1st Article, and runs as follows : —
" Article I. It is agreed that the respective subjects of the High Contracting
Parties shall not be troubled or molested in any part of the ocean, commonly called the
Pacific Ocean, either in navigating the same, in fishing therein, or in landing at such
parts of the coast as shall not have been already occupied, in order to trade witii the
natives, under the restrictions and conditions specified in the following Articles."
I understand Mr. Blaine's argument to be that if Great Britain had intended 'o
protest against the claim of Russia to exclude ships for 100 miles from her coasts in
Behring's Sea, sh" would have taken this opportunity of doing so ; but that in confining
herself to stipulations in favour of f'uU liberty of navigation and fishing in any part of
the ocean, commonly called the LiciSc Ocean, she, by 'mplication, renounced any claim
that could arise out of the same set of circumstances in regard to any sea that was not
part of the Pacific Ocean. And then Mr. Blaine goes on to contend that the phrase
" Pacific Ocean " did not and does not include Behring's Sea.
Even if this latter contention were correct, I should earnestly demur to the
conclusion that our inherent rights to free passage and free fishing over a vast extent of
ocean could be effectively rciicunced by mere reticence or omission. The riffht is
one of which we could not be deprived unless we consented to abandon it, and that
consent could not be sufficiently inferred from our negotiators having omitted to mention
the subject upon one particular occasion.
But I am not prepared to .ilmit the justice of Mr. Blaine's contention that, the
words " Pacific Ocean " did not include Behring's Sea. I believe th^t in ccvimon
parlance, then and now, Behring's Sea was and is patt of the Pacific Ocean ; and that
the latter words were used in order to give the fullest and widest scope possible tr. the
claim which the British negotiators were solemnly recording of a right freely to navigate
and fish in every part of it, and throughout its entire extent. In proof of the argument
ssed a note to
andinar at such
10
ll^ the words " Pacific Ocean " do not include Bchring's Sea, Mr. Blaine adduces a long
lljjl of Maps in which a designation distinct from that of " Pacific Ocean " is given to
Ijjliiing's Sea; cither "Behring's Sea," or " 8ea of Kamschatka" or the "Sea of
l/yuJir." The argument will hardly have any force unless it is applicable with equal
Itnith to all the otiier oceans of the world. But no one will dispute thai the Bay of
IBiscay forms part of the Atlantic Ocean, or that the Gulf of Lyons forms part of the
Ijleditcrranean Sea ; and yet in most Maps it will be found that to those portions of
jUe larger sea a separate designation has been given. The question whether by the
Lrds "Pacific Ocean" the negotiators meant to include or to exclude Behring's Sea
bends upon which locution was esteemed to be the correct usage at tlie time. The
jjtc is not a distant one, and tiicre is no ground for suggesting that the usage has
Mm\ since the Anglo-Russian Treaty of 1825 was signed. The determination of
point will be most satisfactorily ascertained by consulting the ordinary books of
ifcrencc. I append to this despatch a list of some thirty works of this class, of various
[es from ITf'S downwards, and printed in various countries, which combine to show
lit, in cu.stomarypiirlancc, the words " Pacific (^cean " do include Behring's Sea.
If, then, in ordinary language, the Pacific Ocean is used as a phrase including the
liole sea from Behring's Straits to the Antarctic Circle, it follows that the 1st Article
jfthe Treaty of 1825 did secure to Great Britain in the fidlest manner the freedom of
Im and fishing in Behring's Sea. In that case r.o inference, howevei indirect or
Koitous, can be drawn from any omission in the language of that instrument to show
bt Great Britain acquiesced in the usnrpatir i which the Ukase of IS'il iiad attempted.
e other documents which I have quoted sufhciently estaldish that she not only did not
miesce in it, but repudiated it nioi-e than once in plain and unequivocal terms; and
jitlie claim mnde by the Ukase has no strength or validity except what it might derive
[om the asscr . of any Power whom, it might aifect, ii results that Russia has never
mired by the Ukase any right to curtail the natural liiicrty of Her Majesty's subjects
j navigate or fish in these seas anywhere outside territorial waters. And what Russia
pinot herself possess she was not able to transmit to the United States.
Her Majesty',; Government have, in view of these con-iderations, no doubt whatever
|at British subjects enjoy the same rights in Bchring's Soa which belong to them in
ery other portion of the open ocean ; but it is, nevertheless, a matter of sincere
Itisfaction 'hat the President is willing to refer to arbitration what he conceives to be
(matters which have been under discussion between the two (lovernments for the last
r years. Tn regard to the ipiestions as they are in'opo.'ied by Mr. Blaine, I should
lylhat as to the first and second, no objection will be ofi'ered by Her Majesty's
lorernment. They are as follows : — •
"1. AVliat exclusive jurisdiction in the sea now known as the Behring's Sea, and
iat exclusive rights in the seal fisheries therein, did Russia as^fcrt and exercise prior
lup to the time of the cession * f Alas!, i to the United States ?
"2. How far were these claims ot jurisdiction as to the seal fislicries recognized and
Reeded by Great liritain ?"
The third question is expressed in the following terms : " Was tlie body of water
Iw known as Hie Bchring's Sea included in tlic piirase 'Pacific Ocean,' as used in the
jeaty of 1825 between Gieat Hritain and Russia; ami what rights (if any) in the
lliring'ii S'^a were given or conceded to (treat Mritaiu by the said Treaty?"
n?i jl.,ie.sty's (lovcrnnient would hiivo no objection to referring to arbitration tlic
|)art 01 ttiat qiic'^fion, if it should be thought desirable to do so ; but they would
h that coi.<ent with the reservation that they do not admit that the decision of it
1 conclude the larger (piestiocs which the Arbitrator would have to determine. To
flatter part of No. 3 it would be their duty to take excepti/n : —
"What rights, if any, in the Behring's Sea were given or conceded to Groat
|taiiiby the said Treaty?"
Great Britain has never suggested that any rights were given to her or conceded to
liytlic said Treaty. All that was dime was to recognize her natural right of free
Jic'iition and fishing in that as in all other parts of the Pacific Ocean. Russia did not
: those rights to (Jreat Britain, because they were never hers to give away.
"4. Did not all the rights of Russia as to jurisdiction and as to tiie seal fisheries ir
bring'p Sea east of the water boundary in the Treaty between the United States and
['J5j O 2
i' I
h
i
■ : ^
I
■ '-
1
i ;
i i
80
Russia of the 30th March, 1867, pass unimpaired to the United States under tV
Treaty?"
This fourth question is hardly worlii referring to an Arbitrator, as Great BriJ
would be prepared to accept it without dispute. '
The fifth proposed question runs as follows : —
" 5. What are now the riglits of the United States as to the fur-seal fisheries in l
waters of the Eehring's Sea outside of the ordinary territorial limits, whetlier such ri"!
grow out of the cession by Russia of any speci.il rights or jurisdiction held hy her!
such fisheries or in the waters of Behi-ing's Sea, or out of the ownership of the bredJil
islands, and the habits of tlie seals iu r'^sorting thither and rearing their young tliorel
and going out from the islands for food, or out of any other fact or incident conncJ
with the relation of those seal fisheries to the territorial possessions of tiie UnjJ
States ?"
The first clause, " What are now the rights of the United States as to the fur.j
fisheries in the waters of the Behring's Sea outside of the ordinary territorial limits ?
a question which would be very properly referred to the decision of an Arbitrator,
the subsequent clause, which assumes that such rights could have grown out of I
ownership of the breeding islands, and the habits of the seals in resorting thera
involves an assumption as to tlie prescriptions of international law at the present lim^
which Her Majesty's Government nre not prepared to accede. Tiie sixth question, «h
deals with the issues that will arise in case the controversy should be decided in favouil
Great Britain, would perhaps more fitly form the substance of a separate referej
Her Majesty's GovernmcLt have no objection to refer the general question of a cl
time to arbitration, or to ascertain by that means how far the enactment of sucf
provision is necessary for the preservation of the seal species ; but any such referei
ought not to contain words appearing to attribute special and abnormal rights inf
matter to the United States.
There is one omission in these questions wliich I have no doubt the Governmentl
the President will be very glad to repair; and that is tlie reference to the /Arbitrator!
the question, what damages are due to the persons who have been injured, in cai
shall be determined by him that the action of the United States in seizing British veM
has been without warrant in international law. Subject to these reservations,
Majesty's Government will have great satisfaction in joining with the Government ofl
United Stales in seeking by means of arbitration an adjustment of the internati(i(
questions wliicii have so long formed a matter of controversy between the two Gova
ments.
I have to request that you will read this despatch to Mr. Blaine, and leave a cop]|
it with him should he desire it.
I am, &c.
(Signed) SALISBUE!
APPENDIX,
Miniani, John.
"Naval Qazetteci,"
1796.
Brookes, R.
" General Gazetteer."
1802.
Montefiore. " Com-
mercial Dictionary,"
1803,
"Geographical
Dictionary." London,
1K04.
CrutlweU, r. "New
Universal Gatetteer."
1808,
Mangniill, H. "Com'
peniiium of Gco-
grapliy." 1815.
Galletti, J. O. A.
" Geographiscbes
TVorterbuch."
I><ith, 1822.
ivamschatka Sea, is a lnr<To braiirli of the Or* ntal or Nmtli I'acHic Ocean,
IJcering's Straits, whidi is the iias.sugo from uii- Ncirth I'acitic Ocean to the Arctic Sim,
Beerinjj's Island. An island m tlie Pacific Oce«n. [lk'hriiiij"s Island i.s in Rehriiigs Sca.j
Kamschatka. Brjunilcd cast ami south by Pacific.
Kamtsclinlkii. llouiided on the north by the country of the Koriacs, on the east and so«tli|
the Notth Pacific Ocean, and on ilie west by the Sea of Okotsk.
Tieering's 1,'sland. In tlio North Pacific Ocean.
Becring's Island. An island in the North Pacific Ocean.
Kaiiitclialka. River, which runs into the North Pacific Ocean,
Kamtcliutka. Pensinsula, bounded on the cast and south by the North Pacific Ocean.
Islands iu the Kasteni or Great Pacific Ocean : Bhcring's Isle.
Slilles Meer. Vom i"i nordl. Br. an bis zur Berinpsslrasse aufwarls stets hcftigf
[Behring's Strait is nt the northern extrcuiity of Behring's Sea.!
01
c grown out of:
c, and leave a copi
II the oust and soiillj
'iicifio Ocean,
is stots hefti,!,'!' ii
lelrfng's Island. An island in the North Pacific Ocean.
I Jsering's Inland. In the North Pacific Ocean.
ln"'s Island. In the Pacific.
"EdinbwghGt.
iettMr,"E<litionlt22
Tol. i, p. 432.
"GanaralOaMttecr."
London, 1823.
" New london Unl-
Tarul Guettcer."
1826.
)(([ Pacifiqiie. 11 .s'etend du norJ an .siul depwis le CJercle Pnlaire Aictiquc, c'est-ii-dirc, dupuis " Dictionnti™ Geo-
Loitde I'lt'lirins, qui le fait connnnniiiucr i\ TOcuan Glacial Anstral. f?/-'"''''"' ""'»•"•'•"
1828.
Ij^Ues JIwT. Vom 30 .siidlicher Rrcite his znm 5 nBrdliclicr IJreitc vcrdiont cs diuvh seine 8cit«, Dr. J. C.
Kelt mid Stillu den nanien des .Stillen Meers ; von da an bis ziir BerinRsstrasse ist es hefticen 1'.*'™*™?''''?''"*,
"" ^ c DO StutiBtiachca Hand-
J uuteiworten. worterbuch."
Halbentadt, 1829.
'1 the North Pacific ()cean.
E«ring's Island.
" Penny National
Library; Geoi
and GaKttecr.
Library; Geomphy
nnil n««»t»«u.v^* 1830
Arrowamith.
Gramniir of Modern
[lidirini,' (Detroit celibre). II joint I'Oceaii (.llacial Arctique au (Irand Ocean.
■ring's Strait connects the Frozen Ocean with the Tacific.
lileAimdir flows into the Pacific Ocean. OeoirranhT" 1832
I lie principal gulfs of Asiatic Kussia are : the Oulf of Anadir, near IJhering's Strait ; the Sea of »''•'• •
i.aiitl the Gulf of Okhotsk, between Kanitchatka and the mainland of Russia — all three in the
tjcOtean.
flOci'iin I'rtcifique Bore'al s'l'tend depuis le Detroit de Behring jusqu'au tropique de Cancer. « predi de la Geo.
graphio UniTerielle,"
par Halte.Rmn, toI. ii»
p. 181, Edition 1835.
I Le Detroit de Behring. A eonimencer par ce ddtroit, le (Jrand OctJan (ou Ocdan Pacifique) forme Ditto, toI. »iU, p. i,
hiie orientale de I'Asie.
Langlois. " Diction*
nairo de Geographic."
1838.
[The J'acific Ocean. Its boundary-line is pretty well determined by the adjacent continents, " Penny Cyclopwiii,"
di approach one another towards the north, and at Behring's Strait which separates them, are only 1840.
[|36 miles apart. This strait may'be considered as closing the Pacific on the north.
I Behring (Ddtroit de) a rextremit<5 nord-est de I'Asie, separe ce Continent de rAnierique et " Dictionnaire Uni-
m Glacial Arctique de I'Ocdan Pacifique. Jf""' d'Hiitoire et de
I Miring (Mer de), partie de I'Occan Pacifiqne. H.'S'^Bodllet!"
Pari», 1842.
iMning (De'troit de). Canal de I'ocean .... uuissant les eaux de I'Oceau Pacifique i eelles de " Dictionnaire Gfek
1 Arctio ue. graphique et Statif
tique," par Adrien
Guibert. Farii, 18S0>
I'acilic Ocean. Between longitude 70" west and 1 1 0° east, that is for a space of over 180° — it ■• The Now Americaa
5 tliD greater part of the earth's surface, from Behring's Straits to the Polar Circle, that separates Cjdopiedia," edited
U tl.e Antarctic Ocean. ^LfeZ'Z "*
New Yo;k, 1851.
iBciiring (Detroit de). Canal du Grand C)CL'an uuissant les eaux de I'Ocean Pacifique a cellea de " Grand Dictionntira
RB Glacial Arctique. de afographle Uni-
■ verelle," par
M. Beicbettlle Mat.
4 y lis. 1855.
I BJiring's Sea, sometimes called the Sua of Kamtchatka, is that portion of the North Pacific " imperial Gaaetteer,'*'
p lying between the Ahutian Islands and Behring's Strait. !***•
I Behring's Island. An island in the North Pacific Ocean. Fullarton'>"GuettMt
of tho World." 18M. ^
[Bfliring's Strait, which connects the Pacific with tho Arctic Ocean, is formed by the approach " Cyciopndia of Geo. '
■'H'ontiiicuts of America and Asia. graphy," by Chtrlee I
Knight. 1856. j
Iracific Ocean. Its jxtremc southern limit is the Antarctic Circle, from which it stretches McCniioch'a " Geo. jj
ward Jirough 132 degrees of latitude to Behring's Strait, which seporates it from the Arctic gnphicai Dictionary,'* i
~ " ° o . 1 edited by F. Marui "
iBde.
jliring (I'utroit Je). Canal ou bras de nicr uuissant les eaux de TOccan Glacial Arcti(iue i " Grand Dictionnalr*
s do rOccan Pacifique. H"';?"''''" I""
M. Pierre Laboune*
Peril, 1867.
I Behring's Strait. The narrow sea Wtween the north-east part of Asia and tho north-west part " Encyclop*dl* .
lonh America, connecting the North Pacific with the Arctic Oceau. Briuanica," W6.
I Bering (Detroit de). Passage qui unit I'Ocean Glacial Arctique au Grand Ocean. st.-Martin. " Nou.
veau Dictionnaire de
Gongrapble Uni>
Terselle." Parii,
1879.
[Behring Sea, or Sea of Kamchatka, is that part of the North Pacific Ocean between tho Aleutian Lippincott'9"Ga. '
p'.s in latitude 55° north and Behring Strait in latitude 66" north, by which latter it communicates «ettecr of the World.'*
I the ArcUc Ocean. PhiUdelphia, 1880. ;;
1 1'
^^9!
Srre* ind Johaatoa,
' CyLiuvKuiA of Om>-
gnphf. London
aad dtugom, 188U.
Brockhini' "C<mT«r-
MtioM La icon."
Lripiig, 1882.
Ritter'i "GeographiiKAi-
Stettatiach Lexicon."
Ldpiif, 1883.
" Pocket Encyclo-
psdis." Sunpaon
Low, IH88.
Clumben' " Encyclo-
pBdii/' 1888.
BUekWi-'Hodoia
CjelopadU," 1881
Bditiofc
8»
Behriiig, or Bheriiig. A strait, sea, island, and bay. North Pacific Ocean. • ■
P.ering'a Meer. Der nordiistlichste Teil des Stilleii Ocean's.
BerinKSStmsse, Jleerengc clas nordostlicliste Kisinoer mit dcin Stillen Ocean verbiiidend.
Behring's Sea. North-east part of the I'aeiKc between Asia and /\jnerica,
Hehring Strait connects tlie Pacific with the Arctic Ocean.
Reliring Sea. A [)ai't of the Pacific Ocean, coiumoiily known as the Sea of Kameliatka.
Iiehring's Strait, connecting the North I'acitic wi»h tlie Arctic Ocean.
Behring's Sea, sometimes called the Sea of Kauichiitka, is tiiat jmrtion of the Nor* Pacific Oced
lying between the Aleutian Islands aiid Hehring's Strait
'i .. ■■' '
it.
In sujiport of hi,s argument that tiic term "Pacific Ocean" was not understood at the time i
including liehring'.s Sea, Mr. I'laint! has (luolcd a nine whicli, it appears, was i)reseiitcil by iN
Uussian Minister at Wasliington after the ratification of the Treaty of the 5th (17th) April,™
between tlie United States and liussia.
In this note Baron Tuyl .stated that " the Aleutian Islands, the coasts of Siberia, and the liussiai
jiossessions in general on tlie north-west coast of America to 51)" 30' of north latitude wmu |iositiveB
excepted from the liberty of hunlinj,', tishiiig, and commerce stipulated in favour of 'Jiiili'd StatJ
citizens for ten years." The rights alluded to could not be those contained in the 1st Ailii.lu of tU
Treaty, which is unlimited in duration, but those of frequenting the interior seas, harbours, and creel)
conferred by Article IV.
Baron Tuyl grounded this construction of tlie Treaty on the argument that " the coasts of .Sibeii
are washed by tlie Sea of Okhotsk, the Sea of Kanischatka, and the Icy Sea, and not by the Soutli S
mentioned in the 1st Article of the Convention," and that " the Aleuti.in Islands were also wiishedb
the Sea of Kamschatka or Noitliern Ocean."
He added that " it was not the intention of Itussia to impede the free navigation of the I'dcili
Ocean, and that she would be satisfied with causing to be recognized, as well understood and \im
beyond all manner of doubt, the principle that beyond 59* 30' no vessel could approach her coasts ai)j
islands, nor fish or hunt within tlie distance of 2 marine leagues."*
Mr. Adams, on being shown the draft of the note, stated to Baron Tuyl that, if it were presente
he should return an answer to the effect that " the construction of Treaties depending here iijioii tU
Judiciary Tribunals, the Executive Government, even if disjiosed to acquiesce in that of the Eiissiu
Government, as announced by him (Baron Tuyl), could not lie [? make it] binding upon the Com
or npon this nation." He went on to say that it would be much better not to present the note, i
the United States' merchants would not go to trouble the llussians on the coast of Siberia or uori
of the 57th degree of latitude, and it was wisest not to put such fancies into their heads.
The iiiciilent, therefore, siiows nothing material to the present is.siie ex'ce])t that the liussiai
Jlinister attempted in a note, which has hitherto been kejit secret, to ar<,'ue that Belirin^j's Seav
not a part of the South Sea (a term which is not employed in the I?ritisli Ti(?aty), and that Mr. Adam
stated tliat, even if the United States' Oovernment were dispo.se(l to ac<|uiesce in this view, thej
could not bind tiie nation or ilie Courts to it.
On the other hand, the Begulations of 1881, under which the American schooners "Eliza "
" Henrietta ' were seized by the Tfussian autliorities, are headed : —
" Notice of Order relative to Commerce on Uussian Pacijir ViKtst : —
"Without a special permit or licence from the (Jovernor-Oeneral of Eastern Siberia, foreign vessel
arc not allowed to carry on trading, hunting, fisliing, &c.,'(iii the ]\ussian coasts or islands in tlif
Okhotsk and Behring's Seas, or on the north-eastern coast of Asia, or within their sea bouiidar}'-lir.e.
(Memorandum in ]\fr. J.othrop's des])atch to Mr. Bayard of the 7th March, 1882. Exec. '
No. 100, 50th Congress, 2iid Session, p. 271.)
M. de Giers, in his subsequent note of the 8th May, 1882, speaks of these Eegulations as " a notitl
published by our (.'onsul at Yokohama relative to fishing, hunting, and to trade in the Russian wattJ
of the Pacific." (Had., p. 262.)
Mr. Frelinghuysen also speaks of the matter as "touching the Pacific coast flsherieil
(Ibid., p. 258.)
. '7
• U does not appcw, however, (nut tnc proposfd limit oi i leaRUes waa obaened or enforced, for in 1868 (lie Russian lliniild
for Foreign Affaira, eipliininR the trestment of tlio American sealer "Java " iu tlio Sea of Okbotak, writes ;— . i i
" Conaiilering tliat foreign sealers arc forbidden by the laws in force to fisli in the Russian golfs and bays at a distancolil
than S miles from the ahorc." (M. Wcatmann to Mr. Clay, Slat July, 1868, Ei. Doc. No. 106, 40th Congrcia, 2nd S«W
* 363.)
voibindend.
viiincliatkii.
N'or» rucifcOceJ
TStOdd at- ilie time i
,vas jiresuntetl liv tij
h (17th) April, "1821
)CTia, niid tlie liussiaj
.titudo wtire iiositivel
our of IJnili'il StatJ
tlic 1st Article of tU
harbours, and creej
" the coasts of Siberj
not by the South
s were also waahed
n'gation of tlie I'acif
indcrstood and \i ..
pproach liur coasts aol
t, if it Were presents
aondiiig here ufion t
in that of the Eii
tiding upon the Com.
o present tlie note, a
1st of Siberia or uort
r heads.
3C.]it that the llussiai
liat Belirinji's Sea\
), and that Mr
ce in this view, thsj
^hooners " Eliza " aal
w
V
m
•Siberia, foreign vessel
[tsts or islands in tkf
■ sea boundar)'-lir,i
:h, 1882. Exec.
gnlations ns " a noticj
in tlie Piussian wateJ
cifiu const iisherieil
1 1868 (lie Russian Miniil^
8: —
and bays at a di.<Uiicc It
0th Congrcsi, 2nd Sniit*
« s
a SI.
8.?
-^
g.
•-^
BE
[0.-68I
UNITED STATES. No. 2 (1891).
FURTHER CORRESPONDENCE
BESFECTIN'O THE
BEHRING SEA SEAL FISHERIES.
[In continuation of "United States No. 1 (1891) :" C. 6253.]
Presented to both Houses of Parliament by Command of Her Majesty.
June 1891.
LONDON:
T-IUNTED FOR HER MAJESTY'S STATIONERY OFFICE
BY HARRISON AND SONS, ST. MARTIN'S LANE,
FRINnil* IN ORDINARY TO HUl HAJUTT.
Kr:
y> id to be purehued, either dinctly or through any BoolucUer, from
?-y. At It SPOTTISWOOOE, Ea8t Harding Strut, Flrct Strut, E.Ci, and
32, Abinodon Strikt, Westminstir, S.W. ; or
JOHN MENZIES & Co., 12, Hanover Street, EDDtBURSB, and
88 tc 90, We>t Nile Strirt, Glaioowi or
HODGES, PIOOIS, AMD Co., 104, Oraron Strut, Ddbuk.
[C.-6868.] Prieted.
n
, "I
1
i\ f
^,
IMAGE EVALUATION
TEST TARGET (MT-3)
/y
1.0
I.I
1.25
fcilM |2.5
|jo ^^ ■■!■
U£ 1^ |2.2
I y£ 12.0
I
V]
7F/
-y
/
-^
''W
'/
Photographic
Sciences
Corporation
v
iV
'iS
^\
%
"v
^:V^
!13 WEST MAIN iTREET
wBisn ,'*.r. i4580
(7U) •77-4l'03
,<l^
^
6^
-rr>'!> >.<• M'wi jiiiifiHiivi^BP««i|isiivyH^i9qM;i^^^i^n^«^ni^npi«iqHPPRimi|aHf»ipi^^
TABLE OF CONTENTS.
No.
Name.
9
10
11
13
13
14
15
16
17
To Sir J. Pauncelble.
Sir J. Pauncofuto , .
II ,y ••
M »
i» ••
I
To Sir J. Fauncefote, .
Sir J, Pauncefoto ..
To Sir J. Pauncefote. .
Sir J. Pauncefote .,
fl 91 . <
)• II . •
Telegraphic
Telegraphic
Telegraphic
Telegraphic
Telegraphic
• •
Telegraphic
Telegraphic
Date.
18 To Sir J. Pauncefote..
Telegraphic
Telegraphic
Telegraphic
Telegraphic
Telegraphic
i'clegraphie
Telegraphic
Apr. 17, 1891
33,
23.
37,
May 5,
Apr. 37,
May 10,
10.
4,
6,
10,
20,
21,
22,
25,
07,
28,
Subject.
Page
Mr. Dlaine'i suggestion for slopping ',f,\.
fishing by land and sea pending aw,ir(' of
arbitration seems worthy of considcra.ioii.
Would he prefer that proposal should cnmo
from Her Majesly'i (lovcrninent ?
Mr. Blaine absont. On his return, will press
liim to give answer with .is little delay as
possible .. .. ., ,,
Mr. Blaine prefers that proposal should cnmo
from Her Majesty's Oorernment. 1 1? wishes
to consult President .. .. ,,
President suggests reservation in proposed
nodui Vivendi, allowing American Company
to kilt enough seals to support natives,
Mr. Blaine will not agree to arrangement
being put in force till ternii of arbitration
are settled . . . . . .
Is sending by mail note from Mr. niaiiie
justifying reservation made by President,
and submitting detailed proposal for modm
tivendi. Gives latter . . . .
Reports communications with .Mr. Blaine on
proposal for modus vivendi and President's
re!>ervation . . . . , .
Is sending by mail teiit of professor Elliott's
Keport on seal-life in Behring'i bea, in
which stress is laid on necessity ror cessation
of seal-killing. Importance of early reply
to Mr. Blaine's proposal ..
Gives Memorandum received from triistwortliy
source on President's reservation in pro-
posed modus tietndi . . . .
Detailed account of communications with .Mr,
Blaine witli regard to proposed modus
vivendi .. .. .. .,
Copy of note from Mr. Blaine containing
detailed proposikli for modut vitendi, and
defending President's reserration .
Copy of reply to Mr. Blaine's above note
Will reply to his telegram as soon as Canadian
Government have answered further commu-
nication addressed to them . .
President anxious for reply to Mr. Blaine's
proposal of 4lh May. When may decision
of iler Mojesly's Government be ejpecteil ?
No definitive reply yet received from Canada
with regard to proposed moduf vivendi
Mr. Blaine's pro))osal involves some loss of
revenue to the United State*' Government,
as well as considerable loss to American
Com|uny ., .. ..
President much concerned at not havin^r
received reply from He; Majesty' Govern-
ment, United States' Goveinnient cannot
detain cruizers or Company's vessels nny
longer
Note received from Acting Secretary of State
to the same effect as communication reported
in above. Itevenue steamer " Rush " lins
started for seal islands. " Corwen " will
very shortly start, but she could still take
orders if agreement i* arrived at before licr
departure ,, .. ..
Bill to be introduced in Parliament, giving Her
Majesty's Oovernment powers for prohibiting
leal-fisliing in Behring's Sea. Her Majesty's
Oovernment can do nothing till Bill is passed
to
ID
10
APPENDIX.
1
Sir J. Pauncefote ..
• «
Feb. 30, 1891
Reports of United States' Treasury Agents on
affairs in seal islands, and fur-ieal fisheries
In 1890
n
2
•f n ••
..
May 11,
Introduction to Profeiior Elliott's Ileport nn
orndition of teaMlfe at tbe Pribyloff Islands
in summer of 1890 ,, ., ..
a
. II.". Juvn
•;t
further Correspondence respecting the Behring Sea Seal
Fisheries.
The Marquis of SulMury to Sir J. Puuncefote.
(Telcijraphic.) Foreign Office, April 17, 1891.
HEUllING'S SEA. Mr. Blaine's suggostion, whiirh you moution in your private
It'tti'i" of the 7th April, tlmt, pending the award of the Arbitration on tlie Bcbring's
Sea (jucstion, all seal tishcry should bu stopped, 1)oth by sea and land, seems worthy
of consideration.
If wc appi-ovc of it, would Mr. Blaine prefer that the pro^rasiii should como
from lis ?,,,,, . .
.1-, ■. .: . No. 2. ..
Hir J. Pauncefote to the Marquis of Salisbury. — {Received April 22.)
(Tolographic.) Washington, April 22, 1891.
I HAVE the honour to inform your Lordship that Mr. Blaine left this eity for
tlic sua-side on the 15th. As the date of his return was uncertain, I addressed a letter
to Jiim on the 2ntli in the sense of your Lordship's telegram of the 17th, making the
inquiry which I was therein instructed to make. I am now informed that his return
is expected in a few days.
I am informed that it is in the power "of the United States'" Government to
eaiici'l the lease of the islands at any time.
1 M'lll lose no time in pressing Mr. Blaine to send mo an answer with as little
(k'luy as possible.
I
-. . , , ,-..- . . , , No. 3. .
Sir J. Pauncefote to the Marquis of SaHsbwy, ^Received April 23.)
(Telegraphic.) Washiiiyii^i, April 23, 1891.
I HAVE the honour to ropolft that th* Stictctary of Stite tfetutaed to Washington
to-day, and invited me to call on him.
He expressed himself as gratified at the farotit|ll)te cOhsidoTation given by Her
Majesty's Government to his alternative sU^gertiOii, :anfl in ansKrer to yptir Lordship's
Inquiry he sftid he \fottld ptefer that the ph>iiOl!ial, iMch Seemed to him Very fair,
«liould cotne ttom. Her M«^esty*s Gorernmetit. '
He added that ho wished, ho'^FOver, before going any further, to (ioiumunioate the
proposal by telegraph to-day to the President, wno is absent ftrom Whshlngtott.
If
■balk
■riMttUMMa
[805]
B8
r'ljf.r-,
■J.!!N"I'
:
|!'
No. 4.
Sir J. Pauncefote to the Marquui of Salisbury.'— (Received April 27.)
(Telegraphic.) IVashington, April 27, 1891.
MB. BLAINE informed me to-day that the President liad sufcgcsted a small
reservation in the proposed modus vivendi to the e£Fect that permission should be given
to the Company to kill a small number of seals sufficient to compensate them for the
BUj^port of the natives in their employ during the modus vivendi, but he did not appear
to insist strongly on it.
As, however, he will not agree to put the arrangement in force until the terms of
the arbitration are settled, I fear it may only be applied when it is too late to bo of
any service.
A full report of the interview above mentioned will be found in my dcspatcli
of this day's date, which I am sending by mail to-morrow.
No. 5.
Sir J. Pauncefote to the Marquis of Salisbury. — (Received May 5.)
(Telegraphic.) Washington, May 6, 1891.
BEHRINO'S SEA. With reference to my telegram of the 27th ultimo. I have the
honour to inform your Ijordship that I forward by messenger to-day copy of a note from
Mr. Blaine which I received last night, containing a lengthy justification the reservation of
made by the President, and submitting for communication to your Lordship the following
detailed proposal for a modus vivendi for the season of 1891 : —
1. The United Slates' authorities to issue orders limiting the number of seals to be
killed on the islands to 7,600, solely in order to provide for the support of the resident
natives, who number .300 souls. Pending the result of the arbitration, all seal-killing for
commercial purposes to be prohibited.
2. The United Slates Government to guarantee to Great Britain that no scab
shall be killed in any part of the open waters of Behring's Sea by an^ person on board
of any vessel flying the United States' flag, or by any United States' citizen on board of
any vessel flying any other flag.
3. Mutatis mutandis, a similar guarantee to be given by Her Miyesty's Government
as regards British subjects and vessels.
4. The above prohibitions to continue in force up to the 1st May, 1892, before
which date the Arbitrators are to render to both Governments their final award.
No. 6.
;8itr J. Pauncefote to the Marquis of Salisbury.'— (Received May 6.)
My Lord, Washington, April 27, 1891.
WITH reference to my telegram of the 22nd instant, I have the honour to
inclose a copy of the note which I addressed to Mr. Blaine, as reported in my above-
mentioned telegram, informing him that your Lordship was disposed favourably to
entertain his aitemative suggestion for a modus vivendi pending the result of tk
Behring's Sea arbitration, namely, to stop all sealing, both at sea and on bnd, and
inquiring whether, in case the proposal be finally accepted, he would prefer that it
should be made by Her Majeatirs Government.
In my telegram of the 28rd instant I had the honour to report to your Lord-
ship the verbal reply which I had received from Mr. Blaine to that communica>
tion. It was to the effect that he would prefer that the proposal should come from
Her Mi^esly's Goyemment, but that before taking any further step he desired to
communicate by telegraph with the President, who was absent from Washington. 1
called to-dav on Mr. Blaine to inquire whether he was now prepared to nroceed with
the propoeu. He informed mo that the President felt some difficulty arising from the
fact that the lessees of the Pribyloff Islands are under contract to maintain a large
number of natives (Aleuts) engi^ed in their seaUag operations, and these they woiud
3
11
hare to support at a heavy loss during the whole period of the modus vivendi. This
loss would ultimately fall on the United States' Govcrnniont, and ho had, therefore,
sucrfrestod whcthcr it might not be stipulated that a moderate number of seals might
be kill'^ on the islands, sufficient to cover the loss in question. I replied that I did
not think such a suggestion would commend itself to your Lordship. The proposal
thnt scaling should be stopped, both at sea and on land, was based on the recommenda-
tion of the United States' Government Agents, whoso Reports had been laid before
CongresH, and copies of which I transmitted to your Lordsliip in my despatch No. 41
of the 20th February last.
In acceding to tho proposal, Her Majesty's Government would give a striking
iiroof of their solicitude for tho preservation of the seal species, and of the spirit of
concilintion with which they were animated. There was to be an equal sacrifice on
both sides, and it would be unreasonable that tho proposed modus vivendi should bo
saddled with any special reservation for the Insnefit of either party.
I further observed that, in view of tho fact that the opening of the fishery season
is already at hand, no time should be lost in putting it into force, if it is to be of any
raluo this season.
1 8ug;gested that it miglit be agreed to put it in foroe for this season, irrespectively
of tbo arbitration, and that in such case it would 1)o a convenient time to send a Joint
Commission of Experts to the islands to collect evidence for the purposes of arbitra-
tion. I failed to perceive how any Arbitrators would undertake to pronounce an
award on the question of a close time wi\.hout proper materials on which to found
their judgment, and these materials could alone be supplied by a Joint Commission.
I added that I had no authority from your Lordship to make such a suggestion, but
that r ventured to throw it out for consideration. Mr. Blaine replied that, as regards
the reservation of the right to kill a limited number of seals on the islands to cover the
loss which would result to the Company for the support of the Aleuts in their employ,
thnt was a condition which might perhaps n^t be insisted on; but he was absolutely
opposed to the suggestion of sending a Joint commission of Experts to Behring's Sea,
or to putting in force the modus vivendi until the terms of the arbitration had been
(Icflnitely agreed to.
I pointed out that if this M'crc to be a condition of the arrangement, it would
lirobably be too late to put it in force this season, in view of the time which might
elapse before the preliminaries of the arbitration had been settled, and I reminded him
that his proposal was simply that it should take ctfcct " pending the result of tho
arbitration."
He replied that his proposal, as understood by the President as well as himself,
was subject to that condition, and he seemed to attach importance to it as being
calculated to accelerate your Lordship's acceptance of the terms of arbitration proposed
by his Government. I iherefore explained to him f'lat all your Lordship knew at
present resiDCcting the proposal was that it had been made by the United States'
Government, obviously in their own interest, and that Her Majesty's Government
had certainly nothing to gain by acceding to it. J. begged him to disabuse the mind
of the President of the idea that your Loj^lship, in giving the proposal a favourable
consideration, had been actuated by any other sentiment than that of friendliness to
the United States' Government.
I added that if owing to delay in the settlement of the terms of arbitration, the
proposed modus vivendi should not be put in force this season, and the pre<lictions of
the United States' Government Agents as to the consequences which must ensue from
tlic non-cessation of scaling should bo verified, the blame would certainly not attach
to Her Majesty's Government.
1 liave, &c.
(Signed) JULIAN PAUNCEFOTE.
u
Inclosurc in No. 6,
SiV J. Pauncefote io Mt. Blainet
Dear Mr. Blaine, IVa^hington, April 20, 189ii
I INFORMED Lofd Sulislniry in a private letter of your alternative suggestion
for a modus vivendi, pending the result of tlio Behring's Sea arbitration, namely, to stop
all scaling both at sea and on land.
liord Salisbury seems to approve of that alteraative, and he asks whether, in case
i-
HI
BLPHHHOH
■sr
:
Her Majesty's Qovemment should accept it, you vonld prefer that the proposal
should come from them.
I thought you would like to know Lord Salisbury's view of your proposal as soon
113 possible, and that must bo my excuse for troubling you with this letter during your
repose at Virginia Bench.
May I ask you to be so good as to let mc know, as soon as you conveniently can
do so, what answer you would wish me to return to Lord Salisbury's inquiry.
Hoping that you have already benefited by the change or air, I remain, &e.
(Signed) JULLA.N PAUNCEFOTE.
. No. 7.
air J. Pamce/otc to the Marquis of Salisbury. — (Received May 10.)
CTclcgraphic.) Washington, May 10, 1S91.
A NEWSPAPER has just published the text of Professor Elliott's introduction
to his Report oil tho condition of seal life on the Utiited States' seal islands in
Behring's Sea, which ho Addressed in November last to the Secretary of the Treasury.
1 will transmit a cony to your Lordship by the mail of the 12th instant.
In this Rci)ort Professor Elliott insists strongly on the necessity of tlic eossation
of seal killing, l)oth on land and at sea, and on the appointment of a .Joint Cowniission
of American, British, and Russian experts to proceed to the rookeries this snnnnor
to verify the precise condition of affaii-s.
I'he usual d.itc for the revenue-cruizers and the Company's steamer to sail is tlic
15th instant, and it is very important that I should, as early as practicable, 1)c in a
position to reply to Mr. Blaine's proposal.
No. 8.
Sir J. Pauncefote to the Marquis of Salisbury.— '{Received May 10.)
(Telegraphic.) Washington, May 10, 1891.
I HAVE just received, from a trustworthy authority, the following Memomudum
on the subject of the reservation in the proposed modus vivendi desired by tlie
President, which throws a new light on the provision in question.
It is as follows: —
" Food Skins. — The slaughter for food of 5,000 small seals annually on St. Piud
Island, and 2,000 on St. George Island, will be amply sufficient to keep the natives
of the seal islands iu good couditiou physically. Tlie profit to the United St:it(.'s'
Governnient from the sale of these food skins would be not less thau 70,000 (lolial^
a-year, wliich is 20,000 dollars more thau it would cost to provide them with I'liel,
clothing, and other necessaries.
"To kill more than these 7,000 young male seals would be simply a wanton and
uncalled-for destruction of life, and would imperil the i-estoration of the rookeries to
their former condition."
The Memorandum quoted above shows that it is necessary for the health ui! tlic
natives to supply them with seals for food.
No. 9.
Sir J. Pauncefote to the Marquis of Salisbury.— ^{Received May 14.)
My Lord, Washington, May i, \8d\.
OWING to the Comtnuhications which have passed between Mr. Blaine and the
Korth American Commercial Company (the present lessees of the seal islands in
BehHng's Sea) respecting the proposed cessation of the killing of seals both at sea and ou
land during the approaching fishery season, the rumour has found its way in the press
that such a proposal has either been made by Her Mi^esty's Government, or that they are
willing to assent to it, and that Mr. Blaine is prevented from carrying it out by the
vehement opposition of the Company.
mm
wmmm
mn
srani
r
) health uf the
It may be convenient that I should place on record what took place between
Mr. Blaino and myself on the subject of his second or alternative proposal for a modus
timdi, which I communicated to your Lordship privately on the 7th April last.
Mr. Blaine made his flist proposal on the 16th March. He then stated that, as
there now seemed to he a prospect of agreeing to tlie terms of an arbitration, it was
f|eairal)lc to arrange for a modus vivtndi pending its result, and he threw out a suggestion
of a ra.lius of 85 miles witliin wliicli sealing.vessels should be prohibited from approaching
the seal islands. 1 acquainted your Lordship with that proposal in my telegram of the
16th March.
Aliout a fortniglit afterwards, at an interview which Mr. Blaine was good enough to
give me at his liousc wiicn lie was confined by indisposition, he reverted to the sul^eet of
the modus vivendi, and he asked me to ascertain whether your Lordship would prefer as
in alternative proposal that the icilling of seals should bo stopped both at sea and on
land pending the result of the arbitration.
I slioufd here observe that for some time past I had been pressing Mr. Blaine
most urgently, but in vain, for a reply to your Lordship's despatch of the fist February,
in which certain modifications were proposed in the questions which he bad formulated
in liis note of the 17th December, 1890, for the purposes of the arbitration. The delay
in returning a reply to your Lordship's despatch appeared to me disquieting, and ho
ipoke somewhat despondingly in the presence of Sir Charles Tupper of the prospect of
an adjiistincnt of the questions for arbitration. I therefore informed Mr. Blaine that I
hesilated to transmit to your Lordship any further proposals respecting a modus vivendi
until there was reason to believe that the arbitration proposals contained in your
Lonisliip's despatch above referred to would be accepted ; and I suggested that the
most satisfactory course would be for him to make his proposals for a modus vivendi
concurrently with his reply to that despatch.
Mr. Blaine assented to my suggestion, and said that he would " proceed in that
order." But neither in his reply to your Lordship's despatch, which was delivered on the
14th April, nor in the substituted note delivered the 27th April, is there anything to be
found in relation to a modus vivendi. In the meanwhile, I had informed your Lordship
privately, by the mail of the 7th April, of Mr. Blaine's alternative proposal for the
cessation of seal-killing both at sea and on land, and on receipt of your Lordship's
telegram of the 17th April, I addressed a note to him, of which I bad the honour to
inclose a copy in my despatch of the 27th April.
In that despatch I reported the difficulties which were afterwards raised by tho
President and by Mr. Blaine, and which appeared to me to render hopeless the timely
ipplication of the proposed modut vivendi. Since then, as before stated, the subject
has been discussed in the public press.
The opposition journals criticize severely the non-publication of Professor Elliott's
Report on the condition of the seal islands during the season of 1890, and also the
dismissal of Mr. Goff, the Treasury Agent in charge of the islands, who had last summer
exercised his official authority to stop the killing of seals by the Company, owing to the
indiscriminate slaughter practised tliere, and to tho alarming diminution of seal life.
Mr. Blaine is violently attacked by those journals for hesitating to put in force at once
the proposed modus vivendi in the face of the Reports of the United States' Govern-
ment Agents, and in view of the readiness of Her Majesty's Government to accept the
proposal,
I have, &c.
.....* ■ • * (Signed) JULIAN PAUKCKFOTE.
No. 10.
StV J. Pauncefote to the Marquis of Salisbury, — (Beceived May 14.)
My Lord, Washington, May 6, 18QI.
I HAVE the honour to inclose a copy of a note which I received last night from
Mr. Blaine containing detailed proposals for a modut vivendi during the approaching
fishery season in Behriug's Sea, based on tho principle of a cessation of teal lulling both
»t sea and on land. The note contains a lengthy defence of the reservation desirad by
the President of the right to kill 7,500 seals for the rapport of the natire residents of
'« I
I ilj.iUl,ilUi...|iJ|J^
^ftmfm^mmmmimi'smmmiiimim.'
the Pribyloif Islands, a reservation which seems to me setioushr to detract from tiie
eqnality and simplicity of the original proposal. As regards Au. Blaine's narrative of
what passed between us in relation to the proposed modiu vivendi, your Lordship vU]
perceive from my despatch of yesterday's date that he appears to have forgotten that the
reason why I did not telegraph to your Lordship his alternative proposal for a modut
Vivendi was that it had been arrpn^ed between us, at my suggestion, that he should
make the proposal concurrently with his reply to your Loroship's despatch of the
aist February, for which I had so urgently pressed him.
I cannot call to my mind that ^he President's name was ever mentioned in the
course of our two interviews, which Mr. Blaine correctly describes as " a conversational
exchange of views."
If the President was so anxious that the alternative proposal should be telegraphed
at once to your Lordship, it is to be regretted that Mr. Blaine did not apprize me of the
President's wishes, as I should have certainly complied with them.
Mr. Blaine's rcplv to ^our Lordship's despatch of the 2lBt February was not
delivered until the 14th April, and then it was not accompanied by the proposal for n
modus vivendi. But fortunately I had informed your Lordship of the proposal by letter a
few days after it was made, and I received a prompt reply by telegram which 1 com.
municated to Mr. Blaine on the 20th April.
Mr. Blaine, therefore, cannot justly complain of any delay on my part, or on the
part of Her Majesty's Government, in relation to this matter.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 10.
Mr, Blaine to Sir J. Pauneefote,
Sir, Washington, May 4, 1891.
DURING the month of March last, a few days after the adjournment of Congress,
acting under the instructions of the President, I proposed to you that a modus vivendi be
agreed upon touching the seal fisheries pending the result of arbitration of the queatioo
at issue between the two Governments. The President's first proposal which I submitted
to you was that no Canadian sealer should be allowed to come within a certain number
of mUes of the Pribyloff Islands.
It was, however, the conclusion of the President, after reading Lord Salisbury's
despatch of the 2l8t February, that this modus vivendi might posciMv provoke conflict in
the Behring's Sea, and to avoid that result, he instructed mo to propose that sealing,
both on land and sea, should be suspended by both nations during the progress of arbi.
tration, or during the season of 1891. On both occasions it was a conversational
exchange of views, the first at my office at the State Department, the second at my
residence.
The President was so desirous of a prompt response from Lord Salisbury to his
second proposition, that I ventured to suggest that you request an answer by cable if
practicable. Especially was the President anxious to receive an answer, which he trusted
woidd be favourable, before he should set oui on his tour to the Pacific States. He left
Washington on the night of the 13th April without having heard a word from your
Government. It was then a full month after he had instructed me to open negotiations
on the question, and the only probable infersnce was that Lord Salisbury would not agree
*o his proposal.
The silence of Lord Salisbury implied, as seemed not improbable, that he would not
restrain the Canadian sealers from entering Behring's Sea, and as all intelligence from
British Columbia showed that the sealers were getting ready to sail in large numbers,
the President found that he could not with justice prevent the lessees from taking seals
on the Pribyloff Islands. The President therefore instructed the Secretary of the
Treasury, who has official chaige of the subject, to issue to the lessees the privilege of
killing on the Pribyloff Islands the coming season the maximum number of 60,000 seals,
subject, however, to the absolute discretion an«. power of an asent appointed by the
Secretary of the Treasury to limit the killing tc as small a number as the condition of
the herd might, in his opinion, demand.
On the 22nd April, eight days after the President had left Washingion, you notified
nc when I was absent from the capital that Lnrd Salisbury was ready to agree that all
lealing should be suspended pending the result of arbitration.
On the 23rd April 1 telegraphed Lord Salisbury's proposition to the President.
He replied on the 25th April, expressing great satisfaction at Lord Salisburv'g
message, but instructin- me to inform you that "some seals must bo killed by the
natives tor food ;" that ' the lessees are bound under their lease from the Government
to feed and care for the natives, making it necessary to send a ship to the Pribyloff
Islands at their expense ;" and that for this service — a very expensive one — the " lesse^j
should find their compensation in taking a moderate number of seals under the lease."
The President expressed his belief that this allowance would be readily agreed to by
liord Salisbury, because the necessity is absolute.
You will remember that when I communicated this proposition from the President
to you on the evening of Monday, the 27th April, you did not agree to the President's
suggestion. On the contrary, you expressed yourself as confident that Lord Salisbury
ivould not accept it; that, in your judgment, the killing of seals must be cut off
absolutely on the land and in the water ; and that it could not be stopped on cither
unless stopped on both.
The narrative of facts which I have now given, absolutely necessary for clearly
undenitnnding the position of this Government, brings me to a further statement which
I am directed by the President to submit. The President refuses to believe that Lord
Salisbury could possibly maintain the position you have taken when his Lordship is
placed in full possession of the facts, which I shall now submit to you somewhat in
detail.
When the privilege of killing seals on the Islands of St. George and St. Paul in
Behring's Sea was leased to (he North American Company for a certain sum per skin to
be paid to the Government, other duties of an onerous, costly, and responsible character
were imposed upon the Company.
Under their lease, the Company is obliged " to furnish to the inhabitants of the
Islands of St. George and St. Paul annually such quantity or number of dried salmon,
and such quantity of salt nnd such number of salt barrels for preserving their
necessary supply of meat, as the Secretary of the Treasury shall from time to time
determine."
The Company is further obliged to " furnish to the inhabitants of these islands
60 tons of coal annually, and a sufficient number of comfortable dwellings in which said
natives may reside, nnd shall keep such dwellings in proper repair."
The Company is further obliged " to provide and keep in repair such suitable school
houses as may be necessary, and shall establish and maintain during eight months of
each year proper schools for the education of the children on said islands, the same to
be taught by competent teachers, who shall be paid by the Company a fair compensation,
all to the satisfaction of the Secretary of the Treasury."
The Company is further obliged to " maintain a suitable house for religious worship,
and will also provide a competent physician, or physicians, and necessary and proper
medicines and medical supplies."
The Company is still further obliged "to provide the necessaries of life for the
nidows and orphans, aged and infirm inhabitants of said islands, who arc unable to
provide for themselves."
And it is finally provided that " all the foregoing agreements shall be done and
performed by the Company free of all costs and charges to the said native inhabitants of
said islands, or to the tlnitcd States."
And it is made still further the duty of the Company " to employ the native inhabi-
tants of said islands to perform such labour upon the islands as they are fitted to
perform, and to pay therefor a fair and just compensation, such as may be fixed by the
Secretary of the Treasury." And also the Company " agrees to contribute as far as in
its power all reasonable efforts to secure the comfort, health, education, and promote the
morals and civilization of said native inhabitants."
In short, then, the means of living, the facilities for education, the care of health,
the religious teaching, the training of the young, and the comfort of the old, in a
community of over 300 persons, are all imposed upon the Company as its solemn duty
by specific Articles of the lease. I inclose you a copy of Census of 1800, giving every
name of the 303 persons, old and young, male and female, who constitute the whole
community of the Pribyloff Islands.*
* For Ineloaure, in Ineloiuro in Sir J. Pnuncefote'i despatch, doteil February 30, 1881 i Apprndis, No. 1,
[2961 ^
I'i
?;■
I 11 .u wiw
mrnvmom
r\
I' I
f.
1..
The duties tliuu imposed ii|K>n the Coniimny nuii^t bo diHclmrgcd annunlly wid,
punctuaiitj and exnnlncRS. Tho comfort, possiltlv the Hnfcty, of nil llicso luininn liuinirH
i)ccul)arly helpless when left tu thcmHclvcs, is JcpciKicnt upon the Compnny iiiulvrthc
lease, and the lessees arc paid therefor by tho Oovernment in the ncnl-skinH which llm
Oonipanjr receive for tho service. If tho Company sliall, ns you sav Lord SHJiNbury
Ip^uestsi bo deprived of all privilege of taking scnU, they certninfy couM not lie-
compelled to minister to the wants of these 300 inliabilant.s j'or an entire year. If tlicw
idtnders are to bo left to ehnrity, the Morth Americun Company in under no ^renter
obligation to extend it to them than aro other citizens of tho United States. It
evidently requires a considerable sum of inonoy to furnish all the supplies hanied in tjjc
lease— supplied nlnch tnust be carried 4,000 iniles on n specially cliurtorcd s|eanior. If
the lessees arc not to ho allowed payment iu any form for the amount jiucessar; iu
But>i)ort these dOO people on the islands, they will naturally decline to expend it.
Ko A]»propriation of money has been made by Congress for the purpose, and (lie
PresiScnt cannot leave these worthy and innocent people to the hazard of stuivatiun
fcvcn to secure any form of Agreement with Lord Salisbury touching seal life, i^eal llff
may bo valuable, but the first duty of tho (Government of tho United States in tliis
matter is to protect human life.
In this exigency, tho President instructs me to propose to Lord Salisbury tliat lie
concede to the North American Company the right to take a sulHcient niiini).>r of seals,
and no more than sutncieiit, to recoiniicnsc thcin for their outlay in iakiii;; cure of tlic
natives, and that, in the phrase of tlio President, all " commercial killing of seals be
|)rohibited pending tho result of arbitration."
The Secretary of the Treasury has a right to fix the number necessary to the end
desired. After full consideration, he has limited tho number to 7.000 to he killed by
the ComiMny to repAy them for the outlay demanded for tho support of tho SCO pouplu
on thd Pribylotr Islands.
He furtlier directs that no females bo killed, and that thus the productive capacity
of the herd shall not in the slightest degroo bo impairca.
This point being tixed and agreed to, the proposed Arrangement between tlic two
countries would be as follows : —
The Government of the United States litnita the number of seals to be killed on
the islands for purposes just described to 7,C00.
The Oovernment of the United States guarantees that no seals shall be killed in
the open waters of Behring's Sea by any person on any vessel si.Iling under the American
iliig, or by any American citizen sailing under any other Hag.
The Government of Great Britain guarantees that no seals shall be killed in tbc
open waters of Behring's Sea by any person on any vessel sailing under the British llag,
Itnd that no British subject shall engage in killing seals for the time agreed upon on any
vessel sailing under any other flag.
These prohibitions shall continue until the 1st day of May, 1802, within which time
the Arbitrators shall render final award or awards to both Governuienis.
These several propositions are submitted for the consideration of Lord Salisbury.
Tho President believes that they aro calculated to produce a result at once fair and
honourable to both Governments, and thus lead to the permanent adjustment of a
controversy which has already been left too long at issue.
I have, &c.
(Signed) J. G. BLAINE.
- ^- "—
Ho. n.
Sir J. Pauncefole to tfte Marquit of 8alisbur!/.~{licceived May \4,)
My Lord, Washinglon, May 6, 1891.
AVITII reference to my immediately preceding despatch, 1 have \hb honour to
inclose herewith copy of a note which I iiave this day addressed to Mr. Blaine in
answer to his communication of yesterday relative to a modus vivendi in Behring's Sea.
I have, &c.
, . (Signed) JULIAN PAUNCEFOTE.
^I^WJP
rithin which time
G. BLAINE.
LUNCEFOTE.
IncloBuro in No. 11,
Sir J. Pttuncefote to Mr, Blaine,
Sir, Wathinglon, May 9, 1801.
I HAVE the honour to arknowlcdgo Iho receipt of your note of ycHtcnfny, in whicli
jou hnvu fonnuhitcd, for the conHtilcrntion of fhc Marquin of BaliHhury, dctallod pro|>oRalH
for tlie tiwduD rivendi during the approaching fiHlicry season in Duliring'H Kca on the
prindiilf of a ccsHation of seal liilling both at sea and on land, < n armngemont to whicH,
II I informed you in my note of t)iu 20th ultimo, hJH LordHtiip v. is dinpo^cd to give hi«
firourablo consideration. I have forwarded to Lord Balishury h; this day's mail a copy
of jnur note, and I have telegraphed to his Tjordship the prucisc terms 6f the proposal
(itii niiicli it concludes.
t much regret to find that a misconccntion has arisen as regards your complaint of
itity on my part in acquainting Lord Salisbury with your second or alternative proposal
for a cessation of seal killing at sea and on land, which you originally made to mo
Tcrbnily. On that occasion, you may remember that I expressed somd reluotanco at
tending nny further proposals to his Lordship while his despatch of the 21 si February
last (submitting amendments on the questions for arbitration) remained unansworcdi and
thai I suggested that it would be more satisfactory if this new proposal wore tnado
(oncnrrently with your reply to that despatch, which I hoped to receive with the least
possible delay.
I understood you to assent to that suggestion, and to say that you would " proceed
in that order."
If you bad informed mo that the President for any reason desired that this
iltcmntive proposal should bo telegraphed to Lord Salisbury, I need Iiardly say that I
ihould have complied at once with his wishes.
But I cannot call to mind that tho President's name was ever meptiopfd at our
interview, which you correctly describe as " a conversational cxchdngQ of vIqw^." . .
Fortunately, however, no apprcciablo loss of time occurred. I acquainted Lord
Saliubury with your alternative proposal by the mail of the 7th April, ft few dayn only
iflcr it was made, and I received a prompt answer by telegraph, which enabled mo to
inform you by my note of the 20th April that his Lordship was disposed to consider the
proposal favourably.
At an interview at your residence on the 23rd April you expressed your satisfaction
It Lord Salisbury's reply, and you stated that before taking any further steps you desired
to communicate by telegraph with the President.
At a further interview at your residence on the 27th, you informed mp thftt the
President desired that the modus vivendi should contain a reservation of the fight I o kill
I certain number of seals for the support of the natives of the Pribyloff tslancb.
At first sight this reservation caused me some disappointment. It certainly
appeared to me open to exception as detracting from the principle of equality, which
was a feature of the original proposal. But I was more concerned at your stating that
it never was the intention of the President or of yourself that the modus vivendi should
be put in force until the terms of arbitration had been settled.
This I feared would prevent tho timely application of the modus vivendi, and I so
informed Lord Salisbury by telegraph on the same day.
I notice with satisfaction ^at no such conditio!) is {iffixed tq youf present proposal,
iltbough the reservation as to tho killing of a limited number of seals on the island is
maintained.
I am glad to think that there is yet time tP carrjr out for this fishery season any
urangement which may promptly be agreed to, and I hope that the above explanatioit
may remove the impression you appear to have formed, that there has beep any delay
on my part in expediting the consideration of the modus vivendi whicli you have
proposed.
I remain, &c.
(Signed) JULIAN PAUNCBFOTB.
r285]
i»
4 .
n
2
!l
ii
!;
No. la.
Thf Slnr<iiii» nf Sulinbury to >ilr ./. I'liunrffolf,
{Tv<\earo\}\\U\) Foiriijn Office, Mmi 1(5, |sin,
AS R(N>u n« tho (Invonimciit nf Ciiiudn linrn niitwort!.! (iDiniiiuiiiiMlloii iii|itii>HHi>(|
to them 1 will n'jily to your tolr^rnm.
No. 13.
Sir J, Paunrefote to thf ^far<|ul)l of Saliahuri/, — (Iterrired May 21, 9 a.m.)
(Tologrftpliic.) irrM/iiH|//<)»». Mini 20, isiM,
1 llAVK ju«t ivooivwl a l«>tlor from tlin Actill^ 8(>«'rotnry ol* State iiiforiMiii^ mi>
that i\w Pr«»8i(l«>nt M-ishcH to know (li»» iviily of I lor Mnji'Hty's tJovornmont to llu; pni.
poMl matlo on Ith Mny by Mr. lUnino.
In orJpr to nllay tho Prt'siiU'iit's iinxioly, I Nhnll ho ohlim'd if your Iiordsliip nw
ffivn mo Homn intimntiou as to when tho dooisiou «)f Ilor Aliiji'sty's (iovoninioiil nmy
be oxptH'twl.
No. 11.
Thr MarquiH of Salisbury to Sir J. Pauncrfolr,
(Toh'ttrapluc.) Forpiijn Oflirr, AAiy 2), l.si)|,
No (l«*flnitivo reply h.as yot \\cc\\ r<'ooiv«Ml from Cmmihi witli rt'j^iird tn the
pn)Hos«Hl tnoduH vivndi in Mehrin<j[',s Hen.
No. 16.
Sir J. Pttuneefole to the Marquis of Salislmry. — {Hectived Mai/ 22, fi I'.M.)
(Telogniphic.) fya.sl<iiujton, May 22, 1S<)1,
I OMIITED to inform your Tionlship Hint Afr. Hlninn's ])ropos!\l involvoi tdtlip
Unit^nl Statos' Govprnment a loss of i-ovenuo fwm tho So.nl Compuny at the nfc of
10 (lollnra jwr skin, which nmotmts to nhout Imirsv-million dolliirs in all. In rcspoot
of tho arrangomonts made for this season, the Company woiiUl also bo great losers.
No. 10.
f J. Pamcefott to the Marquui of Salixhuri/.— '{Received May 20, 10' l.*? a.m.)
(Tclecraphio.) Washington, May 25, IROl.
1 RECEIVED ft visit to-day from the Acting Sccr(>tary of Stat<?, who caiiio, liy
desire of tho President, to express his deep concern that no i'oi)ly to Mr. Hlainc's
proposal had been reecivod from llor Majesty's Government. ]Jy each day's delay
more detriment Avas caused to tho United States' interests. Owing to tho unprotwtcll
state of the islands, and to thoir being unprovided with rations and stoivs, the United
States' Govcniraent are \mablc any longiT to detjiin th(>ir cruizei*s or tho vessels of tiio
Company.
I begged him to assure the I'residcnt, in reply, that all possible expedition was
being used by your Lordship ; but tho form of Air. Hlaine's proposal, as Avell .is the
latency of the time when it was made, had given rise to grave diflleultics, sonic of
which I explained to him. I told him that I hoped in n (lay or two to receive the
reply, but that I would telegraph the substance of his communication to your
Lordship.
V^ia^
No. 17.
sir J. Ihiiincfjole to tht Morquiii of Saliiihuri/,—{Kfreivftl htnu '27, 8 «'.ii.)
{T('l('grrt|»lii«'.) Wunhinylnn, Stay 27, IHDl.
Tlll'i AoliiiK Noon^tnry of NInto linn jiiNt writUni inn a nnto to tlio irntno olTnct nn
)i{i« r<<rlml I'oiniiiuiiicatioii wliirli I r«*|KM-t(!il in niv tuloffmtn of tlio 2fiili May.
)It< nddN, liowovor, (liat llio llniti'd HtntcN' (iovornnHMtt. hnvo found it nnruaRnry Ut
ili«|mtcli tin* rovrniU'-HfonniiT "Hush" \n tlio UlnndN, and that tlio "Corwon ' In
itmrly ti'ndy to miil at Han FninciMM), and will vory Nliortly put to nm.
Hiionid an agriMMncMit, an jn'opoNod, Im> nrririHl at lioforr lior dopnrturo to limit tlio
mM catcli, iiIki I'an Ntill takn appropriate ordom.
(Tologrnnliio.)
No. IH.
The Mmifuis of tialishury to Sir J. Paunrr/otf.
Foreiyn Offirf, May 2H, IflOl.
I llAVJ'i to inform yon tliat to-ni^lit noticn will Ih; givVn o? a Hill Kivin^ p«)Wor
Inllcr MnjcNty to proliihil for a limited tinio tho linntinf< of HoaN in lt4*lirinK*N Hen.
II in liojwd tliat tlio IIoiikc of C'oniinoiiN will Hanrtion lliin Kill witliin a fnw dayfl,
hut iiiiMI tlilN liaH Im'imi dcnin it in iinpoN<tililo U)v llcr MajcHtyV. (lovornmrnt to aKrco
fnrmally with that of tin* United HtaloH nn to a mitlun tiivfh ' , ir U> Hond crui/.or« with
inslnictionH to pnivont tho sealins^-vcHsolH from entering lUdiin 's Sea.
riff
u.
W''
i:
i
Si
i(i
i'i
I'll
;fi
M
I J
"""'WWflpiippH
ipi
< 12 )
Ap])oii(lix.
No. 1.
Sir ./. Paunixfole to the Murquin qf Salisburt/. — {lieceived Afarch '2.)
My lionl, ' Waxhliujlon, Februarii 'JD, 18U1.
I IIAVKj tlu> Imnoiir (o incloHo copifH of IloporlH of SihhmiiI TifiiHuij ,\(r,.|ii
(1. .1, (Joir, nml AHHiHtniil. Tioiwury AkoiiIh A. W. liiivoiulor. H. H. Nolllclun, nml
•I. Murray, with mToiniuui^ing dociiinontN, ooiioornin^; tlio ('ondition of niriiiiH in (lio Scui
IhIuiuIh of Alnskii mul tlio fur-HonI IIhIumjoh for ISOO,
'riu'Mo KoitoriM Imvo boon (nuiHiniUrd (o llio Hoiinto 1)^ the Trcnmirv Dcimrlnunl in
rosnoMHo to t\ Kosolntion of Unit l">(l.y, l>u(. yonr liortlHliip will porroivo (linl they ijoihj
inohulo (lio Woport of ProfoHwor l''liio((, to wliicli rofcroiioo Ihih fro(|Hc<iitly liucii iiiiulc,
whicli, up to the iircHont tinio, Iiiih lioon \>i(lihul(l from i>iil)linUioii.
I am, Ike.
(8i«iic«l) JULIAN rAUNOlCI'Xni-:
IIIK
l< I
liu'losuro in No, 1.
!i\iit CotujresK, 2ii<f ^V.w^on.— K.r. Doc. No, 49.
Brnath,
Let trr from the Art'tng Brrrrtnry of Ihr Trrnmirt/, transmittitirj, in rffponsr to a Jlrsnlulm
of the Scmte, livports roncrrnintj the Condition of the teVrt/ Islands of Alaslai.
Fchruarti 10, 1 8!) I, — T^oferrcd to the Committee on Commorco and ordered to be
printed.
l\ensurii Dcpartvirnt, Office of the Serrrlary,
Sir, WdnhitKjIon, D.C.,mru(m/9,m)].
IN punsunnro of the Kosohitions of (lie Senate of the United StatcH datod tlio
10th and I'Jth ultimo rcspoofivolv. 1 Imve tlio honour to transnut herewith copies of the
followiufj Koporta of Spoeial Troasury Ajjent (MinrloH .1, (3oH', and AsBistant Treasury
Agents A. W. liavendor, S. K.. Nettleton, and .Tosoph Afurray, with their accompniiying
doeunients, conoernina: tl>e condition of atVnirs in tlio Seal iHlanda of Alaska, and rolnting
to the fur-seal !is>heriea for the year 1890, kc, viz. ; —
1. lioltor of Charles ,1. Gofl', dated July 31, 1890, submitting Annual Keporl, with
the following inclosures : —
(A.) A^lnual Report. 18!)0, dated .Tuly 31, 18J)0.
(1^.) Report of Joseph Marray, dated July 31, 1890.
(C.) Report of A. W. Lavender, Assistant, Treasury Agent, doted July 2rt, ISOO.
(D.) Statement of seals killed for year ended July 20, 1890, on St. IVil Isliind.
(K.) Statement of seals killed for year ended July 20, 1890, on St. George Islniul.
(V.) Statement of seals killed for food on St. Paul Island during the year cmlcd
May 21, 1890.
(G.) Statement of seals killed in 1889 on St. Paul Island by the Alaska
Commercial ComiMiny, and by the North American Commercial Company in 1890 ; also
daily Weather Report.
(H.) Statement of skins accepted on Seal Islands from 1870 te 1890.
(I.) Statement of liabilities of North American Commercial Company to natives of
St. Paul Island to August 1, 1890.
w^^
■7P""»5«»^iH» ^■■ii",4 II mijjfiui* iiw< i>»p.» »niii,!i,u 'wi '■WA
nlcrcd to l)o
18
(J.) Account current of North Amcricftn Oommcrclttl Company with TTnitcd Btatcn
on Miind of fit. I'nul, IHUO.
(K.) Account current of Nortli Atnoricnn Commercial ('ompany with United Htntcn
onlHliuulofHt. (ioorKO, IH!((>.
(li.) OonNUN ofHt. J'nul iHland, AlnHka, July »1. 1B1)0.
(M.) OcnAUH of Ht. (icorgo iHlaiul, .(idy at, IHDU.
(N.) Htntonicnt of n('(!OiititH triitmrirrrod to tlio Nortli American Commorcia
Comitimy l>y tho AIuhIui Comim-rcial (!oiii|miiy lor nativuK of St. (Jcorj^c, May 24, IH90
[JhI of uccountH (liiu native > of Ht. ({(Mir^u iHland by North Amoriciin (Jommcrctnl
Compmiy.
((>.) UccoiptH oi' AgcntH Lavondcr and Murray, AuKimt U and 11, IH'JO, for HoalH
fiiippctl from iHlandN,
(I'.) i'rotoHt of (Icorgo U. Tingle, Hupcrintondunt of North American (/'ommcrcial
Oompany, ngnimit closing HoaHon, July 20, 1«90, and reply of OharlcH .J. Golf, 'rreiwury
Aeetit
(Q.) Btatometit of Nlcinit taken on Ht. raulJHland from 1B70 to 1890 by Alaska
Commercial (lomiiany ; also HcalH killed for food for nativcN, ike.
2. Itoport ol H. H. Nettleton, AHHiHtant Trcamiry Agent, July 81, 1890, of alfairn on
gt,Paul iHland, 1800.
n. Ilonort of A. W, Iiiivcndcr, AHHiHtant 'I'reaHury Agent, of August 25, 1890, of
lilkirs on Ht. Oeorgo fHland, IRUO.
4. Ilcport of A. W. Ijavoiider, AHHiHtant TreaHury Agent, October 24, 1890.
6, Koport of A. W, l<aventler, AHHiHtant 'I'reaHury Agent, October 80, 1890.
0, Keport of A. W. Lavender, AnHintant 'I'reaHury Agent, March 10, 1890, as to
scliooiierH Noixed by tho (Jovcrnmont fr«)m 18H(] to 1889, their condition, &c.
KuHpectfully yours,
' (Signed) A. \i. NETTLETON, Acting Hecrctary.
Tjio TrcHidont of tho Senate,
AVaHhIngton, D.O.
I, Letter of Charlen J. Qoff", submillttKj Annual Report.
Sir, . 8l. Paul Itland, Alnskn, July HI, IHW.
I liorowith rcti|)cclfully mibtnit mv Annual Report of the condition of the ft'ial
Gsiicrie3 ior tho year IHOO. AIho hucIi tabulated Htatemunts and cummuuicationH an
ulioutJ bo in the handH of tho Department, a» follows : —
lalann
(A.) My annual written Koport.
(H.) Mr. Joseph Murray, First AssiHtant Treasury Agent's Report, Ht,
George
({).) Mr. A. W. Lavender, AsHintant Treasury Agent's Report, Ht. George Island.
(I).) Htatemcnt of Ht. Paul Island daily killing.
(!<),) Htatemcnt of Ht, George Island daily killing.
(F.) Htatctnent of fur-seals killed for food upon Ht. Paul and Ht. Georgo Islands, and
dlBposition of tho skins.
Hi.) Tablo comparing daily killing of 1880 with that of 1890, also giving daily
Wcatlicr Report for each year.
(li.) Table showing tho beginning of each scaling season on the islands from 1870
to 1890 inclusive, and number of fur-seals accepted by the lessees up to July 20 of each
year.
(I.) Hhowing tho distribution of natives' earnings for season of 1889 and 1890; also
amount transforrcd by the Alaska Commercial Company to the North American
Commercial (jompany, and tho amount to the credit of the natives in the hands of the
North American Commer iial Company, August 1, 1890, and my instructions to
fcprbHcntativcii of the Alaska and North American Commercial Comimny.
('I.) Account current Ht. Paul Island.
(K.) Account current St. George Island.
(L.) Cenfiua St. l^aul Island. »
(M.) Census St. George Island.
the
(N.) Distribution of natives' earnings Ht. George Island.
(0.) Si ~ •
Steamer "Arago," Captain II. C. Thomas, receipts for season's eatcli of fur-
ieals,1890.
(P.) Mr. Georgo R. Tingle's communication protesting against the order stopping
tU killing of seals, July 20, and my reply.
I
, Ti
fi:-
«
•■ ■•'•
ui:
.*r'.|
"PpwPPPBW^Pipw^Wi^
il
14
(Q.) Tftblo Bhowing tlio number of seals killed bjr the Alaska Commcn-inl ()oiii|miiy
yearly, for the twcnly vcars of their lease. The distribution of the natives' carningH for
same jwriodi &c., for Ibc Islands of St. Paul and St. (}corf;e.
RcspecttHlly yours,
(Signed) CIIAllLKS J. OOFK,
lyeatury Agtnl in chnrije of the Seal Pinheriet,
Hon. William Windom,
Bocrotary of tho Treasury, Wasbington, D.O.
(A.)— Annual Report, 1800.
Sir,
St. Paul hhi'ul, AlaHka, July 31, 1800.
Pursuant to instructions, t sailed from San Francisco on tlic Otii Moy on tlic North
American Commercial Company's steamer "Arago," accompanied by Mr. A. W. Lavender,
Assistant Treasury Agent, wbo, after bis arrival, was stationed upon St. (ieor^o JHlami
to assist Mr. Joseph Murray in the discharge of his duties during the kiilin-; Hcason,
and wbo will hove charge of the island during the coming winter. We nrrived at
Ounalaska on tho 18th May, and on the 20th Mr. (ilcorgo U. Tingle, Mr. Rudolph Newman,
and myself sailed on the Alaska ConuncrcinI Company's steamer "Dora' for ilic Seal
Islands, to take an inventory of the property on St. George and St. Pai I, beionginff to
the Alaska Conmiercial Company, according to an Aj^reement signed by and between
the Alaska Commercial Company and the North American Commercial Company on tlic
12th March, 1890.
The Alaska Commercial ComiMiny was represented by Mr. Newman, and the North
American Commercial Company by Mr. Tingle, and I acted as Umpire, as per your
instructions, bearing date the lOth April, 189U. Wo arrived at St. I'aul Island on the
'2l8t May, and immediately commenced to take stock. After several days' labour the
business was well in band, and wt proceeded to St. (Seorge Island per steamer " Dora,"
and made a complete inspection and inventory of all the pioperty there belonging to the
Alaska Commercial Company. After our return to St. Paul theio was one diirercncc
referred to mo, and satisfactorily adjusted, then the entire business was settled hy the
representatives of their respective Companies.
Tho following property was transferred to the North American Coininercial
Company : sixty-three native houses on St. Paul and nincteon upon St. George, and
upon both islands all buildings and other property belonging to tiic Alaska Comiuercial
Company.
Upon St. Paul Island the sum of (),31S dol. 58 c. belonging to the natives and
deposited with the Alaska Commercial Company was passed to the North American
Commercial Company with the consent of the natives, and credited to their "pass book"
accounts. Also several special individual deposits amounting to 12,117 dol. 2 c,
drawing interest at 4 per cent, per annum, leaving in the hands of the Alaska
Commercial Company 3,404 dol. '.)() c. t) the credit of Mrs. Alexander MilevcdoiF, who
did not wish to make a change. On St. George 0,301 dol. 17 c. was transferred to the
North American Commercial Company, >ut from this amount the sum of 1,700 dollars,
belonging to the priest, must bo deducted, leaving a balance of 3,091 dol. 87 c. to the
credit of the natives. The transfer was made and dated the 24tli May, 1890.
The past winter was unusually mild, the sanitary condition of the village wnsgood,
tlie people were blessed with good health, and they passed the time pleasantly. They
were under the combined charge of Mr. S. K. Nettleton, Assistant Treasury Agent;
Dr. C. A. Lutz, resident physician, and Mr. J. C, Rcdpatli, resident agent for the
Alasi:a Commercial Company.
With the spring came that dreaded disease to this people, pneumonia, which caused
the death of three sealers ; other ailments prevalent among them carried off seven others,
women and children, making a total of ten deaths since the 1st January, 1890, the date
of the census, leaving at present a total population of 208. The population of St. Paul
Island in 1872, as far back as the official records go, was 218. Arrivals since then,
seventy-six. Had it not been for this influx of immigration the native population would
have b.jn about extinct. The established rule of thoroughly cleaning the village in the
sprine and fall presents a marked contrast to the condition of the place a few years ago,
All uong the green sward, in front of the dwellings, which was then a depository for
tilth and oi!al, the children romp and play. Gradually, too, tho people arc becoming
more reconciled to cleaner methods in their dwellings, and many of them take great
pride iu their personal appearance aud cleanliness. The school on this island m j
mm^
"ipwi.^gti^ ^i^n*!
crciftl (!(niiiiiiny
08* earningH for
Seal Fisheries.
July 31, 1800.
ly on liic Notlli
A, W. Ijavender,
. (ii'orno iHland
! killinj; Bi-ason,
Wo nrrivcd at
lulolph Newnmn,
riv' for the Seal
n 1, belonji;in{5 to
by and l)ct«ccn
Doniiiiiny on tlic
1, and tlic North
ire, ttB ncr your
ul iHland on the
days' labour the
itcamcr " Dora,"
belonging to the
IS one ditlcrcnce
iH settled by the
an Commercial
at. George, and
iska Gommurcial
the natives and
North American
cir "pass book"
},117 dol. 2 c.,
of the Alaska
Milevedoff, who
iin.sferrcd to the
of 1,700 dollars,
dol. 87 c. to the
1800.
tillage wns good,
casantly. They
rensury Agent;
agent for the
ia, which caused
off seven others,
', 1800, the date
jtion of St. Paul
vals since then,
topulfttion would
ho village in the
a few years ago.
a depository for
e arc becoming
hem take great
this island m
10
taught by Bimoon Milevodoff, a native, who was educated in San Francisco. It wan
opened on the Ist September, 1HH1), nnd closed Ist May, 1800— totol number of school
jiyg, 172: number taught, UO.
Mr, Milovodoft' was oncrgcti<r and untiring in h'n u(ro''tH to advance the pupils, but
thoru is very little interest taken by thorn in Knglisb speaking schools, ho that there was
but little progress made.
Tlic North American Commercial Company have commenced repairing tho native
(hvclling-houscB, and so far have complied witii all tlic requirements of their lease. The
United States' cutter the " Hear," Cnptiiin M. A. Healcy, anchored off this island on the
2flth June and left on the same day. Captain Ifealoy reported "No pirates in Hchring'a
Hen." Tho "Hear " delivered to this island the boat and fixtures complete asked for Dy
me from tlic Department.
The Kev. Sheldon Jackson was pasKoiigcr on board tho " Bear," and came ashore
and inspected the village and school- house ; ho received a copy of tho School Report,
ind was well pleased with the condition in which lio found things.
On the 31st July, in company with Mr. Tingle and Professor Klliott, I visited Otter
iiland, and found, to uiy surprise, that tlierc were no seals hauled out, as was usual in
the past.
The United States* cutter " Uiclinrd Unsh," Captain W. C. Coulson, arrived hero
on the I7th July, nnd reported " no pirates in Mehring's Hca." Professor H. W. Elliott,
jour ri'cent appointee as Treasury Agent, hns spent tho season hero, dividing his time
between tho two islands, and giving his entire Attention to the state of the rookeries and
the methods used at present in driving and kiiiing the seals, and his Report will, no doubt,
bcoftiie utmost importance, and of great vnliio to tlic Department.
Mr. Willinin Palmer, a roprcsentativo of the Smithsonian Institution, has, by your
permission, spent the scasim on St. Paul collecting specimens of various birds and animals.
ind his incesHant labours have been abundunlly reworded.
The niorclmntablo seal-skins in the salt houses on St. Paul and St. George Islands,
liken from the seals killed for too I for the natives during the winter of 1889-90, will be
shipped ns per instructions herring date tlio ;'tl' May, per United States' cutter " Richard
Rush," Captain W. C. Coulson coniinanding, which will leave hero early in September,
consigned to tho Collector of Cnsloins at Sim i'Vancisco. Tlic matter will be reported
directly to you by Mr. Joseph Miirniy, who has charge of St. Paul Island for tho com'ng
fintcr. The accompanying coniiniinications from the rc|)resentativcs of the Alasii.;
Commercial Company and the Norlh American Commercial Company will fully explain
my actions in the matter.
The total number of fur-seals killed and accepted upon this island by the lessees was
iri,8S0. and the total amount eiinied by the natives and distributed to tbcin was
1 6,783 dol. 30 c. Your instruction'* to mc upon the subject of dividing the earnings of the
I natives, and looking after their wfllaro financially, I endeavoured to follow, but was
preTcnted from doing so by Mr. George R. Tingle, general manager for the lessees.
~) reasons for so doing arc inelosod.
I regret that I am compelled lo report that the seals are rapidly diminishing in
I Dombcrs, and to such an alarming extent that to check the decrease will require, in my
I opinion, the most careful consideration of the Department.
To have a correct understanding of how the annual catch is taken, it will be
I Dccessary to bear in mind the following facts : (1) Ry the Acts of Congress governing the
Kal fisheries the season (^ ens on the Ist June and closes on the 31st July, unless otherwise
restricted by the Secretary of tlie Treasury. (2) The bull seols arrive at the island
between the ist May and the 10th June, and the cows between the 10th June and the
10th July. ^3) The large young seaU, whose skins are merchantable, commence coming
ibout the miadle of May, gradually increasing in numbers as the cows appear, and with
the large young seals come a small poition of the pn|)S born the summer before ; but the
{reatest majority of the yearlings put in their appearance in the month of July. Now, in
opening the season it is customary to secure all the two-year-olds and upwards possible
before the yearlings begin to fill up the hauling-grounds and mix with the killable seals.
I By so doing it is much easier to do the work, and the yearlings are not tortured by being
I driven and rcdriven to the killing-grounds, lleretotorc it was seldom that more than
1 16 per cent, of all the seals driven the latter part of June and the first few days in July
Itere too small to be killed, but this ucasoii the case was reversed, and in many instances
180 to 85 per cent, were turned away. The accompanying percentage examples will show
Ithe disposition of this year's drive. The first killing of fur-seals by the lessees was oil
|tlie 6th June, and the scarcity of killable seals was apparent to all.
The reason closed on the 20th July, and tho drives in July show a decided increase in
[29)] D
i: 'i
um
i,lf<i«niiniiiiM(i. I III! iijinin
n«impam[([|ipg^9«.>^"<«.>w<> i m i, iii!jiiiiiijiniijiiiuiimiu«,;.piuuiiw^?inwnv^^vmi^^
16
tlie percentages of small seals turned away, and a decrease in the killables over the drirex
of jime, demonstrating conclusively that there were but few killable seals arririni;
and that the larger part of those returning to the islands were the pups of last year.
The average daily killing for the season was 400, or a daily average of 522 indudini;
only the days worked.
In 1889 the average daily killing from the 1st June to the 20th July inclusire was
1,010, or a daily average of 1,974 including onlpr the days worked. With this undeniable
decrease in merchantable seals, and knowmg the imjraverished condition of tlic
rookeries and hauIing>grounds, and believing it to be inimical to the best intcrtslg of
the Government to extend the time for killing beyond the 20th July, I adhered to the
letter and spirit of your instructions to me, and closed the killing season on the 20th July,
against the bitter protestations of Mr. George R. Tingle, General Manager for the
lessees ; his communication to me upon the subject and my reply are inclosed. Had
there been a reasonable probability of the lessees securing their quota of 60,000 seals,
I should have deemed it my duty to extend the time for killing to the Slst July,
The killing of the 6th June, the first of the season, was from the Reef Rookery, with
drive of about 700 seals : the total killed, 116, 83^ per cent, being turned away as tou
small. On the llth June, the drive was from the Reef Rookery, about 1,000: total
killed, 674, 42A per cent, turned away. On the 24th June the drive was from the Reef
Rookery and Zoltoi hauling-grounds combined, aiid about 1^417 were driven : total
killed, 206, 85| per cent, turned away. This exhausted Zoltoi hauling-grounds for a
period of twenty-one days, and it was not available until the 19th July, when again, in
connection with the Reef Rookery, the last drive was made, and about 3,956 seals were
driven, 666 were killed, and 86 per cent, turned away. The seals turned away from the
ricveral drives invariably returned to the hauling-grounds and rookery from which thev
were driven only to be rcdriven to the killing-field and culled of the few killables that
chanced to join them upon their return to the sea from each drive. By referring to the
Table marked (D), showing the daily killing for this year, and also comparing the same
with that of last year, you will see that from all of the drives the same percentages were
turned away as from those I have cited.
We opened the season by a drive from the Reef Rookery, and turned away S^ per
cent., when we should have turned away about 16 per cent, of the seals driven, and we
closed the season by turning away 86 per cent., a fact which proves to every impartial
nind that we were redriving the yearlings, and considering the number of skins obtained
that it was impossible to secure the number allowed by the lease, that we were merely
torturing the young seal , injuring the future life and vitality of the breeding rookeries
to the detriment of the lessees, natives, and the Oovemment.
On Sunday, 20th July, all the rookeries presenting any male seals were driven from
English Bay, Middle Hill, Tolstoi, Lukau ion, Keetavia, and Rocky Point, and about
4,620 seals were brought to the killing field ; 780 were killed, and 83 per cent, were
turned away. On the same day at North-east Point they killed 466, which, added to those
token at the other rookeries, makes a grand total of 1 ,246.
Thit , and the killing on the ] 9th July, are the only instances recorded during the
season wiien the daily killing reached 1,000. Comparing the killings with those
of the same dates last year, we find that on the 19th July, 1889, from South-west Bay
hauling-grounds alone, 1,987 were killed, and on the 20th July, 1889, from the Kcet
Rookery and Zoltoi hauling-grounds 1,913 wore killed, and never were there such
percentages turned away during the entire season nor in any previous season, toi
my knomedge, as in that of 1890. It I true, however, that the Alaska Commercial |
Company could and did take smaller seals last season than the present lessees can take,
because of the ditf'crcnces in the tax paidby them, yet there have been no two-year-oiu: of
an average size turned away this season, they were all immediately clubbed to swell the
season's catch, which is far below the number allowed for this year, a condition of affairs
that will convey to the Department in laiiguage far more convincing than mine the fact |
that the seals are not here.
The North American Commercial Company's agent, Mr. George R. Tingle, used I
every effort to have the drives made so as to have no tmnecessary loss of seal life, and he I
would have made the season a most successful one for the Company if the seals I
had returned to the rookeries as in the past.
It is evident that the many preying evils upon seal life — the killing of the seals in I
the Pacific Ocean along the Aleutian Islands, and as they come through the passes I
to the Behring's Sea, by the pirates in these waters, and the indiscriminate slaughterl
upon the islands, regar^ess of the future life of the breeding rookeries, have at last witli|
their combined destructive power reduced these rookeries to their present impoveriBhcdl
^ :y
HMiPRIipiWVPP
17
(ondition, and to such an unequal distribution of ages and sexes, that it is but a questioh
of a few years, unless immediately attended to, before the seal family of the Pribylbv
g^oup of islands will be a thing of the past. Notwithstanding the fact that thd'seals
were looked upon as inexhaustible, and were officially reported to bo increasing atriate M
1888, the time has suddenly come when experiment and imagination must cease, 'and the
truth be told.
Absolute protection is the only safeguard for the rookeries, and the only step to be
taken with safety. The seal meat necessary for the natives' food is all that should be
killed under existing circumstances. Much can be written on this subject, many theories
may be adraaced, all of which we have had for the past twenty years, to the evident
loss of seal life ; but the facts presented in the accompanying Tables demonstrate with
mathematical certainty the fearful decrease of the seals ; and here I will say I heartily
concur with my worthy predecessor, Mr. Qeorge R. Tingle, who, in his official Beport of
1887, used the following language :— ^
"The Department cannot place too high an estimate on the value of thin setil
property, and the Government, I am sure, will not yield to any demands which would
make it possible to accomplish the destruction of her seal rookeries and seal life, which
under judicious management and protection by law may be perpetuated indefinitely."
There is but one authority upon seal life, especially the seals of the Pribylov Islands,
und this is the work of Professor Henry W. Elliott, who surveyed these rookeries in 1872
and 1874, and his work was verified by Lieutenant Maynard, and I am satisfied was as
near correct when made as was possible for man to chronicle, but to-day there is a
marked contrast in the condition of now and then. On p. 5i of the Professor's
monograph you will find he places the number of seals upon North-east Point Bookery at
1,200,000. Standing on a prominent elevation known as " Hutchinson's HiU," in the
month of July, and facing the north, I had before me a sea margin of over 2 miles }
turning and facing the south I had a sea margin of over 1 mile. I could view entire
this once famous rookery, and it was simply impossible to realize there was ever such a
moving mass of living animals as Professor Elliott describes ; his estimate seems incredible.
Yd his writings have never been refuted.
To-day there is not to be seen over 250,000 seals of all ages and sexes.
To the extreme south-west of the island is the Reef Rookery, reported to have (by
Professor Elliott) 301,000 seals in 1874 It has not over 100,000 seals to-day.
"Qarbotch," the adjoining rookery, where the Professor says he stood on Old John Rock
and saw " 10,000 fighting bulls, I can stand and count every bull in sight. This rookery
with the reef is an extending point ruiming out into the sea. sloping east and west with
a large surface of tableland in the centre. This was once a parading or playing ground
where the seals met as they came from the cast and west sides ; it was the resort of over
!.'0O,OOO seals, now the resting-place for a few cows and pups and now and then a worn*
out sleeping bull. The number now visiting these rookeries (the Reef and Garbotch) find
ample room on the two slopes, without pushing back on the plateau above.
Zoltoi Sands, once a favourite hauling-ground for the bachelor seals, from where
thousands have been driven and killed for their skins, is entirely deserted, only, however,
a short time in advance of all the Jiauling-grounds and rookeries, if immediate steps are
not taken by the Department to nva^i^e and protect these rookeries. Tukannan, a rookery
on the east side of the island, between the Reef and Polavania, the most picturesque seal
grounds of them all, where the seals were wont to haul upon the cliffs and in the
interstices between the rugged rocks for over half-a-mile on the sea frontage, a most
inviting home for this mysterious pelagic family, where, in connection with Keetavia
Rookery, with the same sea range, there were 335,000 of these animals, presents at
nresent to the most carefui estimate not over 75,000 seals.
Polavania Rookery, with 4,000 feet of sea margin, with a seal life of 300,000 in
1874 ; Tolstoi Rookery, with 3,000 feet of sea margin, with 225,000 seals in 1874 ; and
Zapodinc, with 6,880 feet of sea margin, with 441,000 seals in 1874, all present a most
deplorable condition, and do not show over one-eighth of the seals as reported by Professor
Elliott.
With these facts in view, I am convinced there will be a greater decrease in seal life
next year than this, tor it will not be in the power of human ingenuity to check the
rapid advance towards extermination now going on in that length of time.
In conclusion, I respectfully suggest that there be no killing of fur-seals for their
bkins on these islands, nor in the waters of Behring's Sea, for an indefinite number
nf voars, to be named by the Secretary of tlie Treasury, and let Nature take her course
ill replenishing the rookeries, and that the Department lake the entire matter of
protecting these rookeries under its immediate supervision, for I regard any other system
[296] D 2
it ill
1
It
:|
f
'
k
?.
1-.
■mmm^^Mm.
^ikiM^'r. ^^ T.'.UrliJklj? ''^f f "^l
85««Mii?wwM'W!i' i?j2:3H™ia«a«»,^^^
pmwaPMaonpi
mmmmii^
18
of protection dangerous to the fulurc of all intereslcd. The limited number of seals
killed this season by the lessees will, undoubtedly, L nvc the majority of the natives in
absolute want, and their condition will appeal to the Department for aid. The amount
distributed to the natives upon the l.slnnds of St. Paul and St. George was 6,783 del. 30 e.
and 1,644 dol. 80 c. respectively. 'J'his will not be sufficient to provide them with the
necessaries of life until the steamers return in the spring, especially so with the natives of
the St. George Island.
With this fact in view, I made the following arrnngcments with the North Anie, can
Commercial Company, through their manager, Mr. George R. Tingle. The N. -tli
American Commercial Company's resident agent, together with the Treiisury Agent in
charge, are to adjudge what su;ipiics are positively needed for the support ami
maintenance of the natives; the Company receiving from the 'J'reasury Agent a
certificate that such supplies have been furnished, but said certificate merely to be
accepted as a voucher of corrcclnet-s. The matter to be adjusted in the future with the
Department by the North American Commercial Company.
The Department will have to make some ])rovision for the support and maintenance
of these ])eople, a.t their mode of making a living has been destroyed for the present,
and their future is only what the charity of the Government will make it. There is
utterly nothing here upon which they can depend for a livelihood, until the much-wishcd-
for return of seals takes place, an event too far in the future to give even a promise of
better times to these unfortunate people.
Hespectfully yours,
(Signed) CHARLES J. GOFF,
Treasury Agent in charge of the Seal Islands,
Hon. William Windom,
Secretary of the Treasury, Washington, D C.
(li.J — Kojiort of Joseph Murray.
IP
k
,1
Office of Siicdnl Agent, Treasury Department,
Sir, St. George Island, Alaska, July 3\,\m.
T have the honour to report tlint the health of the natives here has been unusually
good during the past year, and is at present far better than any other time in many
years. There is not a case of sickness on the island, excepting those of long standing,
due to scrofula and other chronic diseases.
With one single exception nil tlie workmen are well and hearty.
We had a full term of school from September until May, and under ihc care of the
teacher. Dr. L. A. Noyes, it was as well conducted as any public school of its size in the
country; but, after all, 1 find the eliildren made next to no i)rcgres8 in acquiring tlie
simplest rudiments of our language. It seems incredible, but it is true, that young men
and women who have been to school here for seven years do not know how to speak or
road a sentence of the English language. Looking over their sh(tulders as they write in
their copy-books, and observing the case with which they follow the head-lines, one would
think they were making rapid pro;?r?ss, but ask any one of them to read what he or she
has been writing, and they cannot do it.
It was long suspected that the older people secretly influenced the children against
American schools, and encouraged them to learn the Russian language in pret'erenee to
any other ; but I find that they are just ns ignorant of Russian as they are of Englisii, and
as backward in learning it
There has been one day of each week devoted to the Russian school* which, in my
opinion, has a bad effect upon the children in their attempt to master the English
tongue, and I therefore respectfully suggest that the piacticc of teaching Russian to the
school children be abolished. After a year's residence here, I am able to say that the
people as a whole have conducted (hemselves very well indeed; not a loud, vulgar, or
angry word has been spoken in my hearing or to my knowledge by a native man or
woman on the island of St. George. Not one case of drunkenness or drinking, nor
anything approaching to it, has eonie to my knowledge. A case of wrong-doing by two
white men, employes of the Alaska Commercial Company, compelled me and my assistant,
Mr. A. P. Lend, to complain to Mr. Sloss, tlic Pcsidcnt of the Company, who imme-
diately removed and discharged the olFenders. Jjxcepling one instance, there has not
been one word of complaint from any (juarter.
The men who wintered in the service of fl.e Alaska Commercial Company are all
good and worthy, especindy the agent, Mr. Daniel Webster, and the physician, Ur, A. L'
m-
children against
{foycs. I (nkc pleasure in thus testifying to their worth, for I have found them to
be upright and honourable at all times, in all their transactions with the natives, with
irhom they arc deservedly very popular.
I have endeavoured to promote a more perfect sanitary system in the village, and I
find it is not so hard, as was expected, to prevail on the people to adopt better methods,
if one will be patient and treat them kindly.
It will be an impossibility, however, to do much toward establishing a sanitary
gjBtein of value until we have better water and a more abundant supply than is possible
under existing conditions.
The present supply of water for domestic purposes is obtained from a well into
which the drainnge of half the village finds its way, and the wonder to me is that the
people are not constantly sick while they have to use such drinking water. There is a
nice fresh-water lake within 2,000 feet of the village, and fully 60 feet higher, from
which n constant and never-failing supply of good water can be taken if you can have
2,000 feet of 2-inch pipe and the necessary hydrant and fixings sent here.
A drain is Ihe next essential to success, and one of 700 feet in length can be dug
easily, and will suffice to carry all the dirt and oiFal of the village into the sea. It will
be necessary to have 700 feet of 12-inch drain-pipe.
The total absence of water-closets on this island is a disgrace, and is beyond all
question the cause of more immorality, disease, and death than all other things com-
bined, 'i hat such a state of things has been allowed to exist for twenty years is a
disgrace to our civilization, and I do hope you will insist on the present lessees or on the
Depattnient to have it altered at once.
The subject is so abominable I dare not write it in a public Report,
It is absolutely necessary, too, that at least six of the dwelling-houses be enlarged,
as the families now occupying them have not room to live as human beings should. It
may be true, as many assert, that under Russian rule the natives were not housed one-
half so well as they arc now ; but such arguments are of no avail in a country like ours.
When a family of seven persons, of all ages and sexes, are packed in a sleeping apartment
measuring 10 by 10 feet they are not treated right, nor does our Government intend to
bare such things existing where it has jurisdiction.
The dwelling-houses arc badly in need of repairs, and the attention of the local
agent, Mr. Webster, has been called to their condition ; but as he is to leave the island
this year, it may be necessary for you to mention it to the General Manager of the North
American Commercial Company.
Mr. A. W. Lavender arrived on the 26th, and immediately entered upon his duties.
On the 12th July the watchman reported a schooner in sight off Zapodine, and I armed
the men and sent a squad to exposed rookeries, Mr. Lavender going to Zapodine with
four men, the second chief and four men to East Rookery, and I went with four men to
Starri-Arteel. We all watched until next morning without seeing an enemy. To facilitate
the guarding of the rookeries it is necessary tu have some sort of shelter for the watch-
men ; a small hut on each of the three rookeries would be sufficient, and they need not
cost over 60 dollars each.
On Sunday, 11th May, the schooner "Alton" (Captain Worth), of San Francisco,
touched at the island, and the captain came ashore and informed us of the new lease and
new Company. On learning of the change the natives held several meetings, and after-
wards came to the Government House to have my advice as to how they should act in
case any material changes were made in their mode of working, government, or the
amount of their pay.
The meeting was adjourned from time to time until they had thoroughly discussed
the most important questions raised, and at the last meeting, held 23rd May, they
unanimously declared that it was their firm belief and honest opinion that the seals had
diminished and would continue to diminish from year to year, because all the male seals
had been slauirhtercd without allowing any to grow to maturity fo*" use on the breeding-
ground.
I made a note of the suggestion on the journal that day, and I am now fully con-
vinced by personal observation that it is only too true, and that the natives were correct
in every particular.
In 1889 the full quota of 16,000 skins was obtained here, but I know now (what I
did not understand then) that in order to fill the quota they '. >wercd the standard towards
the close of the reason and killed hundreds of yearling seals, and took a greater number
of small skins than ever before.
Tiie tirst seals of this season appeared upon the hauling-gronnd on the L'Oth April,
fil
I
)
.. t^^>Ji.i.«^rn.«i«^;fcV«.x-
90
»nd tlio flrMt killing for food was on the ISth May. The killing acnHon for Hkiim opened
on the 3nd Juno, and they killed Hoventy-one.
I incloBO a full fttatcmoiit of all tho killings of tho Koanon, from the '2nd .limo to
the 30th July, inclusive, and you will observe that the greatest number killed nl anu
killinfip — excepting those of the 19th and SOth July — was only !(94, nlthougli ihu driviim
and killing were under the immediate supervision of Mr. Wobster, who is adniittod lo Ih)
ike most experienced and most careful sealer on the islands.
Until the lUih July, an attempt was made to keep to a standard of not loss than
7-lb. skins, but when it was apparent beyond question that there were no lurirc
young seals on Uio hauling-grouna, the standard was lowered and skins of 0>II)h. w^rc
taken wherever found. It was thus the last two killings were swelled to their ))rc!H!nt
proportions.
For the whole season we obtained a total of 4,112 skins, against a total of 10,138
on the same date last year.
That the seals should havo disapiranrcd so rapidly since the Ucport of your prcde.
cesser in 1 888 is so astounding that those who cannot see the rookericH and haujinf;.
grounds for themselves may well be pardoned ibr doubting what is, I am Horry to say,
only painful though it bo to all who are interested, tho whole truth munt novcrtlieieiw be
told, and that is tlut tlio seals have been steadily decreasing hIucc 1880, and tlio days
arc imsscd and gone when they could be counted on tho rookeries by the niillinn. I
have carefully exnmincd tho rookeirics and hauling-grounds at Htarri- Artcel nurlh and
cast» and I find somewhat less than half the ground covered when eomimrcd wit It former
years. I accompanied the natives when they went to make a tirivc from l<)a.sl Itoukcry,
and we walked along the beach from Little East to East Rookery without lindiii^r onu
seal till we came to the breeding-grounds pro))cr. Either Mr. Lavender or 1 was present
at every killing made ; we saw tho numbers that wo turned away, and we counted tliu
skins of all that were killed, and we tind that what is true of ono rookery is true of tlicni
nil — the seals are not on them.
Now that the seals have disappeared the natives are very much alarmed, and tlivy
anxiously inquire what will the Government do for them in their destitution. Tliey liavc
earned during the present season 1,G44 dol. OOc, which, I need searcely add, will ])e entirely
inadequate to supply food and clothing; for a year for a population of ninety people. I
never knew a people so attached to a church as these poor creatures, and now they arc in
great tribulation because they have no means to contribute to its support, nor to the
support of the priest and his family. At one of their many meeting.s they requested mc
to write for them to the Russian-Greek Church Consistory at San Francisco, and apical
for aid for their priest and church until such times as the seal iisherica should recover
and make them self-supporting. In justice to the priest, I may tell you that he was the
first to say he should not have any share of the earnings of this season, and that he
would not take any money from the people until times mended, and that he could
afford to pay ; otherwise he should apply to the Consistory for a position in another
locality.
I have endeavoured to impress upon them the fact that they are not to he aban-
doned to their fate; that the Government will not allow them to starve or sutler,
but will take care of the people and of the rookeries until the rookeries arc huill up
and fully replenished, when prosperity and happiness will return to the island once
more.
All of which is most respectfully submitted.
(Signed)
JOSEPH MURRAY,
Hon. Charles J. Goif,
V Agent in charge of Seal Island, Alaska.
First Assittant Agent, St. Oeorge Island.
(C.) — Report of A. W. Lavender, Asai^stant Treasury Agent.
Office of Special Agent, Treasury Department,
Sir, St. Oeorge Island, Behring's Sea, July 20, 1890.
I have the honour to make you the following Report of this season's sealing by the
North American Commercial Company, ond to offer such recommendotions as in my
judgment should be enforced by the Government for the pro(ecti«m of these rookeries
durinn; the next six or seven years ; also to report to you the condition of the nntivos mid
their house's and to ask that such repairs to their honses as are absolutely required lie
tr
total of 10,138
fgrniahod oa Boon a8 pomible ; also to roqnest cX yoa in your Report to the Hecretury of
the TrcaHiiry to bhIc for 800 dollara for repairs to the Qovoriimcnt Houho, and such nt'.ier
irtiolofi as I shall mention in this Report.
In accordance witli your letter of the 20th iutitant, asking me to ship the 680 food
lUns in the United States' Revonuo Marine cutter "Rush," I will state that I hav*
complied with tlio same, and inclotie you a receipt signed by the Oaptain, a dupUoaie of
the HAine I have in this otfico on file. I will also stato there are twenty road skins hero
in the Milt-housc.
The killing of seals on this island was stopped on the 'iOth ; a list of each number
killed out of each drive I inclose also to you, and you will see that the last drive from
North mid Starri-Artcel Ilnokorivs and also from Zapodine that there was a larger number
of 8cals killed than from nny other drive ; this I will assure you was not owing to the
greater number of largo seals being driven at this time, but the standard weight of skina
being reduced on that day from 7 to 6 lbs., and even less.
The writer was surpriHed when he first visited the rookeries to find no young bnll
letlH upon them ; this looked strange to him, and ho began to look up the cause, and it
occurred to him that the constnnt driving of young male seals and the killing of all the
2-, 3-, 4-, and C-vear-olds, that there were no young hulls left to go on the rookeries, and
without young blood the fur-seal industry will bo something of the past in a very
few years.
The Government should take absolute control of these islands and permit no seal to
be killed more than are needed by the natives for food for the next six or seven years,
tnd then all the male seals driven should be killed, as it is my opinion tluit not over
one-linlf ever go back upon the rookeries again. In this way there would be killed upon
tliia island about 2,C00 each year. These skins sold in the market would pay all the
expenses of the island and furnish such supplies to the natives to keep them from want,
ind tlicy would be as well satisfied as they are now under the management of the North
American Commercial Company. Without something of this kind being done, the
natives will soon have to move from these islands, for there will be nothing to keep
them here.
The North American Commercial Company has landed and turned over to this
oiRccr 30 gross tons of coal for the use of the natives and ten barrels of salt salmon,
iiid nlso state that there are 10 tons of coal in the coal-shed for the Government
house.
Most all of the native houses need repairing ; some need a new floor, others a new
roof, and 1 would recommend that at least four of these houses be made larger by the
addition of one more room.
The Government or Company, whichever has charge of this island, the next season
should send at least 10,000 feet of siding and 10,000 feet of flooting on the first
steamer that comes up in the spring ; also 36,000 shingles, and nails enough to do the
vork.
The natives are in better health than they have been for the past year. I am not
aware of there being a sick person on the island. Their sanitary condition is bad, and
to each house there should be a small outbuilding, which they could use for a closet.
Such a thing seems to be unknown here.
Tlie repairs required by the Government House are as follows : The front platform
needs rebuilding, and part of the roof needs shingling, and the whole roof to be
painted; also the house needs painting and papering on the inside, and the fence
repainting.
The articles required for the use of this Office arc as follows i—
One letter-press and book. One carpet for Government House.
One bill file. One platform scales.
One letter file. One spring balance.
Paper and pens.
Respectfully yours,
(Signed) ALBERT W. LAVENDER,
Assistant Treasury Agent.
Charles J. Goff, Esq.,
Treasury Agent in charge of Seal Islands.
It •,
mmmmimm
■^'^^wa*^*"^
^VHHM
S2
Sir,
North American Commercial Company, 81. Paul Island
Alaska, July \,l8m.
As per request of I. Liebcs, Esa., President North American Commercial C'omimny
contained in his letter to me dated at San Francisco, 0th June, 1800, I heruhy a.sk
permission to kill and take for the use of said Company, for exhibition only, to Ik>
stuffed and set up, five specimen seals of dilfcrcnt ages, including one cow and one yoiini;
black pup.
I am, &c.
(Signed) GEO. R. TINGLE, auperintcndfnl,
North American Commercial Compnnu
Charles J. Goif, Esq., ''
Treasury Agent in charge.
(Note in red ink.) — Consent orally given, and (his letter copied in journal, p, 23G
8th July. 1890.
Dilr.
Jiiii'
h\r
1
HI
„
15
rt
16
17
„
17
„
18
18
19
„
19
„
•20
20
■na
(I).)— Annuai, Sltttcincnt of Fur-ScalH killed on Ht. Tftul iHliuid, Aliiska, during tho
year ending July 20, 1890.
"■"
Numbiir of H.h>U killtd
NuinbRr iif Si'mU kllleJ
»jr
«.
1
Ruokrjr,
tott
ialires' Fooil.
Lvisevi fur Hkint,
J-
Hkinn
rrjfcted.
Arri'ptcit,
Rrj.<et«d
•
"8
•3
1
• i
1
1
J
1
1
i
1
ll
1
5
i
£
1
i
i
1
1
1
1
\m.
tur
2H
Houth-WMt Hay
119
115
3
1
115
, ,
, ,
1
5
115
4
119
Jam'
II
13
Tolilol
••
• •
•'
••
IIS
539
IHI
"l
"35
1
1
35
115
539
1H2
I
35
116
574
182
..
111
17
17
R><t(
Norih-i'ait Point ..
Hallway Point
••
■•
••
•"•
315
IC
107
••
1
• •
1
2
315
16
167
2
• •
317
l«
167
IH ToUloi ami MiililU' Hill
,,
,,
,,
,.
270
, ,
,,
4
4
270
4
274
18 Norlhi'ait Point ..
,,
, ,
,,
,,
7H
. ,
,,
, ,
, ,
78
^ ^
78
'JO Rrcfnnil LiikiinnDii .. .J
, ,
,,
. .
,,
339
,,
a.
,,
,,
339
,,
339
211 Nortli-i'UKt Point ,.
,,
,,
.,
. ,
438
,.
,,
,,
,,
438
,,
438
i>
21
21
Soulh-vnt Hay
North-ra^t Point .. ..
'•
'•
••
••
290
9fi
••
••
2
2
290
96
2
292
96
23
Knirli-li Uny anil Luknnnun ,,
,.
.,
,,
,,
515
3
a ,
3
3
518
3
521
23 Narth-r»l Piiiiil .,
,,
,,
,,
,,
176
2
1
a ,
1
I7H
1
179
21 Rnfi niKl Zolliii
..
,,
, ,
,,
414
,,
lit
2
12
414
12
426
24 N»rtli.en>t Puiiit ..
,.
, ,
, ,
, ,
202
3
,a
aa
,,
205
,,
205
2S llair.wny Point
,,
,,
,,
, ,
203
.,
3
a a
3
263
3
266
2} ! North.i'aiil Point ..
, ,
,,
,,
, ,
104
2
, a
a.
166
166
2fi Soath.wiit liny
..
,,
,.
. ,
114
2
, ,
1
1
116
1
117
"
27 BngllHli Bay and MicliUii Hill ..
27 North-nil Point ..
28 RiHif
••
••
'•
••
374
225
205
2
5
1
19
■ •
1
20
376
230
206
20
• •
396
230
206
28
Norlh.i'ait Point ..
,,
, ,
.,
,,
79
,,
a.
, a
,,
79
• •
79
"
30
Tolstoi, ICngliah Bay, Midillu
Hill, and KiitaTiu
••
•'
••
••
2(16
1
2
••
2
207
2
209
30
North-ea>t Point ., ..
,,
,,
• f
, ,
97
1
• •
a a
,,
98
a.
98
hir
1
Rct'f
,,
,,
• •
,,
246
,,
,,
• •
,,
246
a.
246
I
North-cait Point ..
«,
, ,
,,
,,
130
1
,,
aa
,,
131
• •
131
1
2
Half-way Point
,.
,,
,,
,,
240
,,
aa
2
2
240
2
242
2
North'<-a>t Point
,,
,,
, ,
,,
90
.,
,,
, a
a a
96
aa
9«
3
Soutli-WMt Bay
.,
,,
,•
,.
181
,.
2
,a
2
181
2
183
3
North.i-ast Point ..
, ,
,,
, ,
, ,
180
, ,
, a
,,
a.
180
,a
180
ti
4
Tolstoi, English Hay, and Middle
Hill
••
••
••
••
472
••
19
3
22
472
22
494
4
Northeast Point ..
,,
,,
,,
,,
318
3
a.
,,
,,
!«21
• •
321
'o
Reef
,,
,,
, ,
,a
524
I
,,
1
1
525
1
526
!i
North-east Point ,.
, ,
,,
,,
,,
74
,,
a.
• •
74
• •
74
"
7
English Bay, Middle Hill, Tol-
itoi, Lukannon, and Keta«iu
••
"
,,
••
400
••
11
••
11
400
n
411
7
,,
, ,
, ,
J,
400
,,
11
a a
11
400
u
411
,1
7
North-east Point • • • ■
,,
,,
,,
,,
336
,,
,,
a.
• •
336
a.
336
8
Half-way Point
.,
,,
,,
a.
257
• •
3
1
4
257
4
261
8
North-east Point
..
, ,
a.
,,
378
1
a ,
, a
,,
379
• •
379
9
South-west liny
,,
,,
« ,
,,
160
2
1
a.
1
162
1
163
9
North-east Point ..
• •
,,
,,
, ,
271 ..
a.
,a
271
* •
271
10
Reef
,,
, ,
, ,
, ,
373 1 1
2
2
4
374
4
378
^,
10
North-i'ast Point .. ..
,,
,,
, ,
, ,
112 1..
,,
, a
,,
112
,,
112
"
12
English Bay, Middle Hill. ToU
stoi, Lnkannon, and Kdavic
••
'•
••
••
624
»
4
••
4
629
4
633
13
Half>way Point .. ..
,.
.,
■ •
, ,
211
.,
,.
, ,
,.
.fll
• ■
211
N
13
II
North-east Point ..
Reef
English Bay, Middle Hill, Tol-
stoi, Lukannon, and Ko'avie
'.'.
••
••
••"
641
104
315
••
• •
17
17
• •
641
104
315
17
658
104
315
15
North-cast Point ,. <.
,.
.,
,,
.,
245
,,
,,
,a
• •
245
.,
245
Ifi
• • ••
,,
, ,
,a
,,
311
,,
1
,,
1
311
1
312
"
17
PoU«nia, Lukaunon, and Ki'-
tavie
••
••
••
••
369
3
••
••
• •
372
■ •
372
17
North-east Point
,,
,,
,,
, ,
485
,,
• «
, ,
• •
485
,.
485
18
18
Zapodinc .. .. •.
•'
••
■•
••
405
80
••
••
••
150
405
80
156
405
236
19
Reef and Zoltoi
,,
,,
, ,
,,
547
2
3
4
7
549
7
556
J,
19 ! North-out Feint ..
,,
,,
, ,
,,
446
,,
,,
a.
,,
446
• •
416
II
2U ; Bngliab Bay, MiiMIe Hill, Tul.
a.
, ,
,,
,,
752
6
18
4
..
758
22
780
stoi, Lukannon, Ketavic, and
Point Rocky
II
20
North-east Foint ..
Total
••
••
••
••
507
2
47
••
••
509
47
556
119
115
3
1
16,783
50
1 185
1
60
314
16,833
391
17,724
f
) >
f, I
* Rvjectcd for other reaions, 156,
[295]
E
k^^
1
{^Taule Hliowing disposition of tlio rejected Skins of 1800, wiiicli I refimo to do«troy.
Total numbtr of ikins roji'Cteil • • . . • > • • • • • •
3'.>i
July in, iiciiipd'd by lMii«»t Norlli-CMt Point,. ..
„ 20, „ „ ,. » ••
,, 20, •cciptfil l)y K'""**!! »l vilUgB.. f> •• •• •• ••
Now 111 ««U lit North-.iwl I'ciiiit •. •■ •• •• •• ••
Now In Mil at villnijo .. .. •• •• •• •' ;•
lUci'ivfil liy NdHIi Aniri!(«n Cciiiiniiniiil Coniimny In iimkf iiilH fur thrr uplnyfn
fihii uro to winter on St. Mnllliew'. l.lnmli ci.l»l)li«liin)( n tru.iliiK tliitinii for »niU
Company .. .. •• •• •• •• •• ••
Profi-Mor Williim I'almiT, of tlio 8mllh«oni«n Initllulion . .
S|>nil«(l on the fli'lJ .. .. ■•
Olvrn to the nntivi'i •• •• •• •• •• •• '•
22
a
34
47
2
II
I
lif,
U
i'H
The North Amcricnn Comniercinl Company asks for five specimens for oxIilMiidi, hs
per accompanying letter, nnd reported killing one cow, one pup, one bull, iurno, three
males of different ages; total, six.
(E.) — Annual Statement of Fur-Seals killed on bt. George Island, Alaska, durin;,' the
year ending July 20, 1800.
■
Uooltory,
Number of Sialt killed by Loiihi
br Skins.
Aggrigate,
Date.
Acceptfil.
Hejcitfd
for other
Il'llT'OIIS.
Tolul.
Skins
ucce])tL'd,
Skin»
rejciticl.
Iiilid.
' ■
''""'^- i lla...
the roud.
1890
■
June 2
North .. ,. >.
71
,,
71
71
,,
il
10
Ett»t
211
4
218
218
,,
2lH
IB
North
113
4
118
117
1
im
„ 19
Eait and Littlu Eait
170 2
IHl
IHl
,,
itii
20
Zapniline ..
304
.394
394
,,
3'J4
23
Starri-Artiel ami North
1U2 2
104
1G4
,,
nil
2i
GiiKt and Little Eiut. .
182 2
184
181
,,
181
28
Starri-Artwl and North
188 ; 1
189
189
, ,
M
,. 30
Zapotlini- .. .. ..
189
,,
189
1H9
,,
'.M.
July 1
East and Little Eait. .
145
. ,
149
145
4
, "»
3
Starri-Arteid nnd North
234
,,
238
234
4
23H
5
Baat and Litlle East,. ..
5(i
1
57
57
,,
'■>!
7
iiapodino ,. .. ..
57
,,
r.8
57
1
:>»
8
Eait and Little Kaat..
23
, ,
24
23
1
n
Slarrl-Arted and North
183 ; 3
193
186
7
1 lj:i
11
East
59 ;
00
59
I
Ul
.. 12
Starri-Arti'cd and North • .
102
103
102
1
; loj
., u
Zapodiiie .. .. ..
53 1
53
53
, ,
j:i
15
East
131
132
131
1
111
IC
Starri-Arteel nnd North
119 ■ ..
119
119
, ,
ii»
18
Eiit
71 i ..
71
71
, ,
20
Starri-Arteel and North ..
034 1 7
C4I
C41
1,
i;ii
20
Zapodine •• ,. ■.
Total ,.
527 j
527
527
••
.u;
4,08C 1
21
4,133
4,112
21
\,V,i
NuTK. — One rejected tkiii was given to the CWitf, and tlic rcmuining twenty weiv sulttd dunn in tliu 8uU>htiUbu till I'urtluruniin.
(Signed) JOSEPH MURRAY,
First Asxistant Aijcnt.
Wunliington, D.C., Maij 5, ]8^ii.
Should any doubt arise concerning pups' skins, claimed by Alaska Coniniercial I
Company, under instructions to Agent Mettlcton of tiic 11th March last, you will ciuse
all such skins, together with the merchantable skins specified in your instructions of the
2Cth March last, to bo shipped to Collector at San Francisco, and thereupon report fnds|
to Department for dctermhiation.
(Signed) GEO. C. TICHENOR,
Charles J. Goff, Assiiilant Svcrvlunj.
Treasury Agent, Seal Islands,
(Care Collector of Customs, San Francisco, California).
\glin'|{.llr.
Skin»
T..ial s„|,
rfJLTlCll.
kilM,
••
;i
21H
1
im
,,
181
,,
3'J4
.,
' 101
,,
1 181
, ,
m
,,
! 'M
4
\»
4
n*
, ,
1 il
i
< M
1
St
7
i;t;i
1
till
1
10)
, ,
! 13
I
l:fi
.•
ll»
••
fill
21
l,lo3
lUfiu till t'urtlierurJin.
2ft
Alasha Commerrial Company of Snn Frnnci»ro,
Sir, St. Gcorrje htand, Alaskii, Minj '2Ci, 1 890.
Ilorowitli T would iisk permission to ship, per hU'iiukm- " Dorft," 4H2 I'lir-soalo, at
jirccnt Rltirod nt oiii' viiliirro siilt.houHo, niul KID iit our Halt-liotiac nt Zapadinc.
Tlu'MO 5!H I'lir-soalH wcro killed l»y tiic natives for food durinj^ tlic winter 188!) to
I-' :, mid have heon Halted nntl eared for hy the Alaska ('oinmercial CoiniMiny hcforo
lln. transt'er of its property to the Norl!> American C'oininercml Company, the present
liiiMcrs of the lease for the Heal Islands.
I have, &e.
(aif,iied) UUDOLPII NliUMANN.
(} nrnil Aijent, Alanka Vommercinl Company.
lion. Charles J. (JofI,
United States' TroasMry Aj;ont in charge of the
Seal Islands St. Paul an<l Ht. Oeorge.
Alaska Commercial Compnni/ of San I<yanrisco,
Sir, St. Paul Island, Alaska, Mai/ ;»], 1890,
Herewith I would ask permission to sliip, per steamer " Dora," 3, !!)() tur-seals, "94
«ta;r,v skins heiiii;* included in this number, and stored at present at our village salt-house,
and 'Jil8 at our salt-house at North-east Point.
Tiiesc .'Vlitt fur-skins were killed hy the natives for food during the winter of 1889
lo 1S!10, and iiave been salted and cared for hy the Alaska Commercial Company heforo
the transfer of its jiroperty to the North American Commercial Company, the present
hnldors of the lease for the Seal Islands.
I have, &c.
(Signed) UUDOJ.PIt NFUMANN,
Grneral Atjent, Alaska Commvrcial Company,
lion. Charles J. GofT,
United States' Treasury Agent in charge of the
Seal Islands St. Paul and St. Ceorgc.
In ri !y lo your communications hearing date the 2<ith and 31st May, respectively,
,1-kiiig ])( iinission to remove the fur-seal skins now in the salt-houses «)n St. Paul and
St. (ienrge Islands, I will say, in pursuance to instructions received hy mo from the
Secrotnry of tlie Treasury, I will have to respectfully decline to allow you to remove the
skins in (|uestion, and herewitii inform you that all of the saiil skins will he shipped per
I'liitod States' cutter, cave Collector of Customs, San Francisco, California, to be disposed
(it liy the Department as the Secretary may deem advisable.
(Signed) CIIA11LI-:S J. GOFF, neasury Ayrnt.
lliin. I!ud(dph Neumann,
fieneral Agent, Alaska Commercial Company.
North American Commercial Company, St. Paul Island,
Dear Sir, July 8, 1890.
The North American Commercial Company will accept as part of their quota of
10,000 seal-skins for 1800 such of the food skins of 1889 as they may tind on examination
lobe merchantable and ".cceptable to them.
The skins being now stored in our warehouses on this and St. Ceoige Island, we
hereby claim the privilege of availing ourselves of the offer made us by the Honourable
Secretary of the Treasury at Wasliington, as contained in and being a part of his
instructions to you dated the 26th March, 1890, a copy of which hy his request you were
kind enough to furnish the Company, which instructions in our opinion were not changed
!)}• any subsequent order made by the Honourable Secretary, so far as our right to accept
food skins is concerned. If the food skins claimed by us should not be delivered to U8
here so as to enable us to ship • ^em with the Company's skins taken under their lease
this season, we could not get thei 'n Jiondon in time for our fall sale, were they tendered
[205] £ a
mmm^^ . ijiwppiiMBipvmpnpipipiMH
^rmmmmm
the Company at San Francisco after the cutter's arrival from Alaska in the fall, fiein'r
thus deprived of the skins, a heavy loss to the Company in prospective profits would
result, which loss we would feel should be made good to us by the Government of the
United States.
I respectfully request you to communicate to me in writing the result of your con-
elusions in the matter.
I am, &c.
(Signed) GEORGE E. TINGLE, Superintendent,
l^orth American Commercial Compumi
Charles J. G off.
Treasury Agent in charge of Seal Fisheries,
St. Paul Island, Alaska.
1
I 1
I.
Office of Special Agent, Treasury Department,
Dear Sir, ' St. Paul Island, July 8, 1890.
Your communication of later date, in which you nsk permission to assort nnd
cxnminc the skins of the seals killed for food during the winter of 1889 and 1890, aiul to
take such as you may adjudge acceptable to j'our Company as part of your scnsoii's
catch (or this year, has been carefully considered and your request respectfully declined,
as I have no option in the matter other than to strictly obey the orders of the Sccietnry
of the Treasury.
I avail myself of this opportunity to notify you that on and after the 20th July I
shall require you to conform to that clause in my instructions which prevents killing ot
fur-seals for their skins after that date.
Kespectfully yours,
(Signed) CHAKLES J. GOFF, Treasury Ayenl,
George R. Tingle, Esq.,
General Manager, North American Commercial Company.
If
19
30
Si|it.
7
21
30
Oct.
U
„
21
,,
31
Kot.
G
12
25
m:,
18
31
'T^^^^^^f»'i'''W'18i
iff'
(K.)— Annual Stptement of Fur-SeaU killed for Pood on St. Paul Island, Alaska,
during the year ending May 21, 1890.
Kookerjr,
Seals ki
led for Natire Food,
p«lp.
Pupa.
L.'ge
louii';
TjIoI.
Skint
accepted
by
Lcucea.
S
.ins rejected
1
1
Psals.
Under
Size.
Stagy.
Cut.
1889 '
Jolf 31 Zoltnl
trn
160
156
..
..
4
luf . G I.ultannon . . . . , ,
!!
163
163
163
.*
,,
! n
Bdanoe oter ahi|inicnt in aall-
houne
'•
58
58
58
• •
• •
„ 1'
Zokoi .. ..
••
131
131
123
3
,.
S
„ 22
i< ■■ •■ •■
••
141
141
139
,,
2
„ bl
Tolaloi
179
179
87
1
91
S-|... 9
Zoltoi
,,
141
141
,,
,«
141
1, 1«
■ t •• 11 ••
, ,
110
110
,,
110
,. 25
Jl •• •• ••
,,
107
107
,,
I
106
»| •• • • ••
(( • • •• * •
'•
120
103
120
103
• «
1
4
119
99
,. 2C
l.ukunnon .. •• ..
,,
132
132
"44
2
86
KOT. «
2ultoi
l,04t
125
'.25
80
3
42
„ 19
Tulstoi
1,230
224
224
2'3
1
,,
„ 21
Roof
• •
317
347
347
,,
,,
„ 27
,, • > ■• at
, ,
102
192
189
3
. ,,
„ 27
Zapodine .. •• ..
, ,
10
10
in
• •
• •
„ 30
Rrf
,,
240
240
236
4
Dec. U
Zapodinj ,. ,. ,.
^^
243
243
240
a
..
1890
Jn. 27
Si'a Lion Rock
175
175
170
5
.,
% 21 ;
131
131
131
2,396
••
••
2,280
3,'.'32
3,232
31
794
11
Skins nt Nortli.eiist Point.
killc \ for watchmen
..
301
••
••
••
••
Grnr. J total of food ikint . .
1
3,533*
..
• •
.. , .. j
1889 '
kit. 10 North
55
,.
,,
,.
• •
..
: 19 i
,,
56
,,
• •
,.
, ,
„ 30 !
,,
4S
• *
.,
,,
48
Sii)!. 7
East
,,
64
,,
,,
..
64
1, 21
It • • • • ••
,,
50
,,
,,
..
50
„ 30
North •• •• •*
,,
33
,,
,,
..
33
• •
Oct. 11
t* •• t.
,,
37
.,
• •
.,
37
.•
„ ^1 ; Starri-Arteel
t«
32
«•
,,
• •
„ 31 North
4
..
,,
KoT. G „ •• •. ■.
"coo
6
,,
..
••
„ 12 ..
471
6
,,
,,
■ .
„ 25 1 Starri.Artcf!
,,
01
,,
,.
.,
Um 13 ' North
32
.,
,.
..
,, 31 1 ,
, ,
37
,,
, ,
.,
"
j For the wutchint^n at Zspodinc
for the vhoU- oason .,
••
109
••
••
••
••
Total ..
1,071
63C+ j
••
••
232
• These ikins will be shipped on board United States' cutler " Richard Rush." nnd condnned to Collector of Customs, ?an
Fnncino, as prr your in8tri;etion.s bearing daU' Jlay 5, 1890. The steamer will leave the Seal Islands eoily in September.
t 'iliese skins (630) will be s'lippw! on board United Slates' cutler " Rieliard Rusli," and consigned to C'oUcelor of Customs,
Krmitisco, as per yovir iiistruclions Ijraring date May 5, 1890. 'J'lu' steamer will leave llie Scol Islands early in September.
-■■■I
i
r .1
if I
hi
mi
i\'.
^m
V. :
.'i
»«>ii
m
I
if'
;i .,
iljl
"'*!■
mmmm.
„J,..,JW,MIW«|P!IP\IIJ!m.
! i
(O.) — Table sliowing thq killing of Fur-Seals on St. Paul Island up to Jul) iin, 18^9, by
tiie Alaska Couiincrci«l Company, and up to July 20, 1800, by the Nortli American
Coninicrcial Company; also Daily Weather Report from June 1 to July 31 of each
Year.
Village.
Dnt".
Number
killed.
Date.
Niiir.licr
kilk.,1.
1880—
1890-
Jiiiin 5
• • • • •
201
Juiic 6
t • • • . .
110
„ 10
• • • • •
120
., 11
.'.71
„ 12
• • • • •
917
„ 13
\K1
.. 14
■ • • • t
762
„ 16
317
„ 15
• • • • •
310
„ 17
l';7
„ 17
> • • • • •
895
„ 18
274
,. 18
1 • • • • >
1,1(U
,. 20
1 339
„ 19
• • • • #
1,501
., ai
j 292
„ 20
« • • • •
2->3
„ 23
521
.. 22
• • • • •
],35.!
,, 24
■12(i
„ 21
• • • ■ •
2,573
„ 25
•ji;*!
„ 25
• • • • •
979
„ 26
117
„ 20
• • • • •
1,314
„ 27
a'ju
„ 27
• • • ■ •
311
.. 28
2(10
„ 28
1,349 i
„ 30
2119
,. 29
« • • • •
1,038 !
Total
. . . . a
■ Tolal
15,102
4,4u-2
July 1
• • • • •
1,023 !
July 1
•J4i;
» 2
• • • • • •
834
„ 2
212
» 3
• • • • •
1,841
., 3
183
.. 4
• ■ • ■ ■
1,716
4
434
» 5
■ •• at
1,'255
.. 5
:jM
.. 6
• • • • ■
1,302
„ 7
411
8
• • f • •
814
„ 8
2(il
» 9
• • • • • •
1,311
„
163
„ 10
• • • t t
654
„ 10
37ft
.. 12
a • • • • •
2,004
„ IJ
033
,. la
» • • • • •
1,006
„ 13
211
„ 15
3.085
14
101
„ 16
1 • • •
','Jll
., 15
315
., 17
■ f • • •
,;)31
„ 17
372
.. 18
I • • • • •
L',010
„ 18
'2311
„ 19
1 • • • a •
2,017
„ 19
.O.-.ij
„ 20
• • • • • .
1,913
„ 20
THO
Total
la a • a •
■ ,JGG
Total
a a 1 « *
6,111
b -'". I 8^0, by
onli Aiiu'ricaii
'lily 31 of cncli
X:ni:licr
1 kiiini.
1
lie,
S71
IH'J
.■!17
in?
271
, ,
3;i9
..
292
• ,
bi\
, ,
■12(1
, ,
2':(i
, ,
117
ayo
, ,
2(11)
• *
2ll'J
• •
■1,102
• .
24il
, .
212
, ,
is:!
, .
•r.u
, .
u2(i
• •
■111
, ,
2(il
, »
163
• •
37H
^ ,
C3;i
, ,
211
lot
, ,
ul.i
, ,
372
, ,
23B
, ,
r,:,6
••
7 HO
f),l 1 1
n
. . ' '.
Nouth-East roiNT,
Da'c
Niiinher
liiUcd.
Dale.
Number
killed.
1S89—
1890—
June 17
• . • ■ • 1
1,064
June 17 ,, ,
16
.. 18
■• « ■ % t
1,270
„ 18
78
„ 10
• t • • • .
49.1
„ 20
438
„ 21
• • • • • *
1,205
„ 21
90
,. 21
• • ■ • • •
754
„ 23
179
„ 2.5
• t • • • .
1,407
., 21
205
„ 20
• • • • • *
441
„ 25
166
01
1* "'
• • • • < •
844
„ 27
230
„ 28
• • • • • *
479
„ 28
79
., 29
July 1
• • ' • • '
.135
„ 30
July 1
98
l,-200
131
,. a
• •
968
., 2
96
•
• • • ■ > •
l,;)09
3
• ••
180
., r>
• • • • • >
1,524
» '»
321
.. c>
1 • • • • •
376
.. •'i
74
., «
• • • • « >
014
„ 7
33l>
,. f
• • •• • •
641
»» •■
379
., 10
• • • • • *
800 , „ 9
271
„ 13
• • • • • •
793
„ 10
112
.. 15
• • • • « •
1,833
„ 13
658
„ Ifi
• t • • • •
1,150
„ 15
UI5
.. 17
* • ■ • • •
948
„ 16
312
., 1«
• • • • • .
1,283
.. 17
485
., 19
• • 9 W • •
834
„ 18
405
., '20
• • • • • •
213
.. 19
440
'I'otal
..
» 20
• • •
556
15.076
Total . . ,
5,007
• 2 1.3 I
lis (lay to make t
ho full quotn of 100,000.
I
Recai'itulation.
Totiil niiiiili(.'r of fiir-scnli kilU'd liy lessees on St. Paul Island from 1st .Tunc to 20tli July—
ISS)
IH'.M)
65,187
17,105
Day of
M.iiiL.
June
1989.
t
Julj
1889.
June
1890.
July 1890.
Mn.
Mill.
\\ f;UlliT. Jliix.
Xlin.
W.^alhcr.
Ma».
Mill.
WcatliiT.
Mai.
Min.
M'catlier.
}
1
A2
33
Foggy
.' 4.-.
40
Cloar
3?
.33
Snow
40
40
Fog.
2
iO
3")
Clouilv
. 48
40
lliiy
31
32
llazv
48
40 ' .;
,■)
4i
.1<
.. .
48
42
.. . .
41
33
Clear
4G
40 1 Clear.
4
4»
4>)
>t »
43
41
ri.'ar
41
31
Fiiii'
47
39
■t-
sn
(. •
, *9
40
Hazy
42
32
Clear
50
40
.'i(t
31
42
40
43
31
Fos
51
40
■11
4 3
jt *
, 49
42
Tuii-k fog ..
44
38
Hazy
51
41
»
.)■
3li
.. .
5.1
40
Itairi
48
39
Uaiii
44
40
9
No rei'irJ
..
45
42
l\:ay
43
39
Thii'k fog . .
40
41 Ha7.y.
10
44
38
Itain
49
42
Thick fo- ..
44
31
1* »•
47
42
u
4:>
40
»» '
51
41
Fo?
43
37
)i
48
43
Fog.
I'j
43
3,S
• t
SI
42
Cl'jar
42
37
For
51
41
„
13
33
37
ft
M
40
.. ..
43
37
48
43
,,
11
43
37
tt •
49
40
.» ••
43
33
,, , ,
44
43
Riin.
l.'i
42
37
Tliick f.iff .
52
42
ft
48
39
Kain . .
45
43
Fos.
10
, 4.1
37
Rui[i
59
42
»i •
43
30
Fog
44
41
i;
46
33
ClouJv .
47
43
Unzy
45
37
Klin
47
42
,,
18
49
38
lUin
48
42
It • •
44
37
Clear
47
42
*f
19
49
3fi
Clear
52
42
I'og
40
37
Fog
50
40
*•
:o
45
37
Cloudy .
49
41
Ck^ir
43
39
Finj
49
41)
■21
4C
38
M •
; 49
43
Tlii.:k f>,' ..
43
40
Hain
54
44
22
4.^
38
II •
i 50
41
R'liii
49
10
Cl-ar
5ti
43
„
■j:i
4fl
38
Rnin
! 48
42
lla.y
49
39
llaiy
53
*i
„
■J I
42
39
Tlii.^k fog .
1 4«
42
v«s
42
38
Fog
52
4«
►•■ .. ,
2'i
4li
40
.» .
I 50
42
ll.i/y
4.»
40
52
45
••-
20
49
4(1
Cloudy .
1 *'
44
riiitk f.iH' . .
42
38
11 • •
53
43
.».
27
.'I I
41
Clear
49
43
11. «y
41
39
II ••
53
40
.,
28
5U
41
11 •
1 4S
43
llaiii
44
38
llazy
49
*i
ir
2'J
50
40
Cloudy
.1 48
42
Fog
43
40
»» ••
48
44>
„
.
M)
50
40
■ If •
i 50
43
llaiy
42
39
,t ...
48
40i
1*
;ti
••
••
••
1 *•'
42
Fog
••
**
51
45
U. t'
^,
I i
,' i
1} '
I I
ll
f
I
ft
fi
\r-U
§:■;
80
(H.)— 'I'ahm'. Hhowiii^ thu hoginniiija; of cncli Scaliii^if Suhhoii on tliu IhIiiikIs of S(. Pny]
mid St. (iooi'go, from 1870 to 1800 inclusive, and the number ol' Kur'Scal« acccMttcj
by the LebHcos up to July 20 of cncli year.
(Taken by Alaska Comiiicicial Company.)
Sti.
•uul.
St. Ocorgo.
Tolnl Skii,,
Year.
Scnuon
Rkiiia
Svnson
Hkinii
ac(;i'|)lc(l.
begun—
occvpteJ.
bcgnn —
ncccjitpd.
1
1870» ..
..
• •
■ •
• •
' --\
1871 ..
June 1
20,788
Juno 4
12,004
■V2,m
1873 ..
.. I
fl,'i.4ni)
.. 3
21,5(i:t
87,00^
1873 ..
.. .1
ns.o.is
•. 4
17,iir.2
H'i,:i!i7
187 t ..
.. .1
88,058
.. 1
H,5.V1
!M;,r,l2
187.'> ..
.. 1
8l,8i>0
II 1
10.000
'.l;l,H!H)
I87(i ..
.. 3
6'.),3(!7
11 1
10,000
; 7!i,;!ii7
1877 ..
» >
ft8,7;i2
•I 1
15,000
7,i,7;i2
1878 ..
.. H
78,570
,. 10
10,700
'■<r>:2v.)
187l» ..
.. 2
80,572
.. 3
'J0,5(S<»
H)l,lllf
1880 ..
M 1
80,000
•I 3
'JO.OOO
HKI.OOO
1881 ..
„ C.
80,000
II
iiO.wOO
HMM)on
188i ..
.■ 2
80,000
II •'
U0,000
100,(100
188.1 ..
.. 1
no, 101
1. -i
11,1 J.)
71,321
1884 ..
„ ■•!
H;),092
•1 4
11,152
!M,2I(
1885 ..
., 3
7o,.|5l
•• •
15,000
H.VI51
1880 ..
.. -t
7'2,120
.. H
i;j..i;i-)
K,),1,V5
1887 ..
.. 1
77,il8U
•1 !•
i.'Vmi
'.10,770
1888 ..
.. a
7:1,808
II «
13,187
HCi.OOS
188!) ..
.. 1
OS, -185
1. 4
io,i:)8
! 7K,B23
181)0 ..
.. fi
ifl,8.'i;it
1. 2
■I.ll2t
20,!H5[
• No record.
t Acooptoil but not Rliippcd in ono ycnr; balance cnrrivd over.
X Taken by North American I'oniincrclal (.'oinpniiy.
(T.)— Statement of Liubilitlos of tbo North American Oommcrcial Company to the
Natives of St. rnul Island, after the division and distribution of IbW), showing
the Amount duo to each individual on the 1st August.
Name.
Amount.
Name.
AlllOUMl.
Arlonionofl", Kcrrick
AshsliofT, Arscny ..
llunIiikof«ky, Apollon
Iliitrin, Kerrirk ..
lln^ndiinoif. Nicoli . .
ilutriii, Koip ,.
lVll.i(;liu'.ofr, Kllcn . .
Kniunolf, Otorgo . .
Krntis, .lohn
OroniotT, Nicoli ..
Olotof, John . .
Galnktnnotr, AU'\ . .
Ilttberoff, Pnul ..
Hapoir, John, estntc of
Ilouscn, Alt'x . .
Koierof, Stcpnn ••
Kufthin, Aggie
Kootchutcn, Jacob . .
Krukcff, Nicoli ..
KrukofT, Maxim
Krukotr, Peter
KuzintiofT, John . .
KtuheoTMhoff, Euphcmc
Kootchuten, George
Kootchutcn, John . .
KootehutcB, £mpheinc
Koieroff, Pnul, estate of
Kuinitioff, Pemin, estate
Krukof, Natalia
Koieloff, Panacovia
M«nuliffi Alex . .
..!
of
Dol. 0.
182 37
153 85
1!)6 01
207 42
155 22
228 lO
f.5 00
220 42
172 37
22'J 04
158 85
163 92
145 78
07 05
218 97
18G C4
175 24
182 04
188 79
166 05
259 01
81 27
193 ;9
217 04
118 22
105 42
302 85
735 30
37 00
7 50
79 10
Dol. r.
MeloTidoiT, Antonc
415 .V,l
Mdnvidolf, Simeon
714 71
Mcloviiloff, ^tra. A.
2o;i »:,
Morciditr, Dorafav
lo;! 00
Mnndrcgnn, Uxtcniii
ti(l 00
Mcreulitf, Auxinsa
27 71
Ncdrriuoff, Slc|>an
1S8 i;)
Ncdorazoff, Martin
17.') 01
Ousligoir, Pctir . .
1U3 21
Pushinkotf, Peter, estate of..
1)8 05
Prokopuf, Vladimcr
!i31 25
Paruiishin, Daniel,.
IH<! Ill
Paiikoir, Parfiri • .
IS.') 01
Popoff, Afunasirt , .
Gli (10
Mandi'ignn, Ncvu . .
Melovidoff, Alex . .
178 -19
271 40
Poiwff, Nodotia . .
28 71
Itookarishnnkotf, Zachar
189 04
UczanzolT, Anna , •
122 00
Stcpetcni, Terrcnti, estate of
2.'.7 85
Stepctcni, Dorafiiy
437 22
Sidirk, 'rhro<loro . .
196 04
Sedule, Vnsila
190 42
Sbnbolin, Nccon . .
145 85
Stepctini, lilnrey . .
274 04
Shatyiigaii, Mctzofun
1.55 85
Shaishinkotf, Rev. Paul
158 19
Saroken, John
20 74
Shu jashiukofT, Agatay
64 70
Shubolia, Censer, estate of
116 13
Sboishiukoff, Valerian
165 09
(Ih <i
' St. I»ftul
Seal
S H('CC[»lc(l
1
Tntiil Rkii,i
ac(;o|itc(l,
d.
• •
t ;
•I2,.W3
!» 1
87,or,j
3 1
K.'i.lHI?
1
!Ml,f,12
".l:l,H!IO
7it,:!07
7.1,7;!2
9
'.i.'i.'J?',)
lOI.Mlt
IdO.OOO
10
1(111,000
)0
1(10,000
ill
7I,!J24
>i
'.11,244
)0
8.V451
J5
! R,-),4.^.5
41
'.iO,770
N7
H(i,'.HI5
IB
' 78,(123
12\
20,045 [
Amount.
Dol. r.
415 .V,l
..: 714 71
..1 2(i;! 8.)
lo;! 00
, . ' (id 00
•J7 74
..1 1S8 10
..1 17,101
.,1 103 24
. , 1 fiS 05
.. aai 25
..1 18(i 01
18.5 04
. . i GC 00
..i 178 49
..1 a71 40
..1 '^8 74
..1 189 04
122 00
2.'.7 85
,,
.|;!7 22
190 04
lUU 42
M.') 85
274 04
\:,b 85
158 19
20 74
64 70
116 13
• 4
165 09
81
N«mc«.
Amount.
Nonicii.
Amount.
I)..), c.
Dol. 0.
gbniHliinkofT, Mntroiin
lAO 10
flhunhiiikoir, (lrorf(o . . . .
Shtnc, (.'ntlicriiic ,, , . ,.
lfl7 09
17 (IS
/iaii/i Acrouiit drawing 4 /)«r cunt.
Tarrnkimnir, Kt rri k
179 04
,Iohii Krnlin
1,4.18 .'10
Tctof, Veli'T
193 01
Kuv. Taul SliiiiNhiiikiifr
a,.14l 74
Tclof, Nevu
1:12 H."!
(,'iilliciiiir HIiutyuKnrn
Miirkel Volkcff
•m lr>
Tctof, I'V'iloHiii , . . . . ,
04 OH
m:\ (IH
TcrniKtiirn, A nun .. , , ,.
HA 00
Kllon Volkoir
Wtt 00
Volk«(r, Miirkfl . .
I4'2 .'17
Aiilolia Heilick
101 17
Volkoir, Kllni
16H OR
Kli/,nliutli Scdii'k . .
!.';i (ii
Yot'minnu<r, .lolin, i-Ktiito of.. ..
2.16 2;i
ZoHlmr Hidick
101 IH
Zaliitrno)!', KvrtMikn . , . ,
66 00
NimIohcIu SliiiiHiiiiikolT
u,r, ()u
Will wit' Aiiid . . . , . .
170 00
Kcrrick Aiiniimiiiitr ,, .,
■i,'iKl 09
Korriuk Itutviiiii . .
2.94H :13
13..178 90
11.H84 04
tfolr. — From tlie North Amoricnn
romniciciiil (lomjiniiy ten widowR ro-
ctive wcpkly rntiotiH, and othcrn will
.
htTr U> 1)1' nddrd aonii.
Total .. .. ..
25,2(i:J 84
Lint of AciconntH f ransfornid to tlio Nortli American Comincrciul Comi>any by the
Alaska Commercual Company for Natives of St. I'aul Island, May 24, 1890.
Numc.
I'ctpr Knikoir
Niroli Knikoir
Maxim Krukoff . .
Kntnto (if Pi'inin Koznolxoff
Aggie IvuHliiii
Jiihn Ko7.nol/,off . ,
Natalia Krukoff . .
Pornscoviii Koxcroif
Neon Miin<lri>gan . .
Vnsili Scdolu . .
Tcdteurift Mandrcgan
Antonn Mclcvidon'
Simoon Mulcvidoff
Alex McU'vidoff . .
Anexcnin Mcrculiff
Alexander Merculiff
Akoolenn Ncdarazoff
Mori in Nfdi'rii/.off
Daniel Pnrnucliin . .
Uurliiira Pohomoff. .
Parfarin Paiikolf . .
VntBiliRia I'eenhinkoflf
Aranaaia Popoff . .
Ardotin Popofl . .
Zaclmr Ilookoorthinkoif
Anna Kczauiiofl' . .
Agafy Shnposhinkolf
Theodore Scditk . .
Metrofnn Shutyiigin
Rev. Paul Shiiiiihinkoff
Agrafiiin Slialwlin. ,
Neon Shabolin ..
Elnrcy Stepctin . .
Marina Stoprtia . .
Dorofay Stepctin . .
Volioiaii Slinisliinkofi'
Matronn SImlfihiukolf
George Slinisliinkoff
Catherine Shane .
Kcrrick Tarraknnoff
Fcdosia Tctoff . ,
Peter Tetoff
Neon Tetoff
Anna Yarantova . ,
Markel Yolkoff . .
(for minor heirs)
Occupation or
Condition.
Scolcr
Scaler
Widow
Sealer
Widow
Senior
Widow
Scaler
Widow
Sealer
Widow
Sealer
Widow
Sealer
Widow
Minor
9culer
ti
Priest
Widow
Sealer
Widow
Sealer
Minor
Widow
Sealer
Widow
Sealer
Widow
Sealer
Amount.
Dol. 0.
192 sr>
80 00
111 73
735 30
67 05
32 17
57 00
43 50
90 ,30
98 05
81 90
172 85
601 92
223 73
103 00
20 17
23 24
60 85
77 85
8 75
76 85
78 05
70 00
58 74
80 85
122 00
79 70
87 85
69 29
128 40
140 13
69 29
165 85
252 85
376 49
165 09
165 10
167 09
47 G8
70 85
110 6S
83 85
76 29
160 00
60 05
'^1
Ii
H
:-' >
1
i
V !
if. ,'*
i
H
i: i
{ -■ • :
■
i
ii '■
i.
f i.
4«i|
L2.5]
r
mmr^mm
^•iWimPM
mm
Nnmo,
Ocoupfttion or
Coiiditiou.
Amount.
Dol. I'.
F.Htuto of John Yntiiutmnufr, held for minor luirs
• •
•i7« a.l
Mai'tliii Snrokon , . . . , . > .
Widow ..
20 74
Mrn. Alex. Molovidotr .. .. ••
tf • • • •
2'2.'l 05
KUon Volkcir
ITnmftmcd. . ••
25 00
AU<x. MciTiiliir .. .. •• ..
Healor • • • •
46 74
KeiloNlii Kodiriiiiiikofl . . , . . ,
• •
10 <i2
Kcrrick Artiininnotr ,, ., ,.
Soalor • •
77 70
Ar»(>iM'v ArliiiNlmff . . . .
»t •• ••
OH 20
I'cti'r ()usl(-(;i)tr ., .. ..
It • • • •
05 05
KiTiioU lltitoHiii , . , , . . . .
11 •• • •
121 05
Aj)rtllon liminloiikiifsky
ft • • • •
HI 85
Nit'oli lloKodanitr ,, .. •• ..
11 • • • •
8« H>
I'lllcn ltclii);1iiKiiir . . . , , . . ,
Widow ..
HS 00
(leoi);o Kmiiiioir .. .. .. ..
Scaler • •
12H 05
•lolin Frntin ,. .. ..
n • • • •
111,') 5.'>
Nionli Oromotl" . .
II • • • •
laS H.'i
VIndlniiir I'mkopiill' .. ., ..
11 • • • •
;102 52
.John filotoff
II • - • •
H2 20
I'lml Ilalx-ioff ..
t1 • • • •
75 05
Ainisniii Ilopotr .. .. ., ..
Widow ..
75 05
Alex. IlftllNlMl , , •• a. ..
Senior
114 40
John Katrliooton .. .. .. ..
»» • • • •
87 4U
■Iiioob Kntrlinoten.. .. .. .,
11 ■ • •
78 85
KiipluMiK" Kiiichooton . . . . . .
11 •• ••
73 05
Oenrjti' Kiitoliooton . . . .
11 » • • •
113 H5
Sto|iiiii Koxcroir ., .. .. .,
77 85
Ki'wi-kiii Zaoliiiroff , . . . , .
Widow
Oil 00
Kiir|i lliilosiri . , . . . . , ,
Sonlor
113 85
Stopim NoiliirnnolV. . . . . .
11 • • • •
H3 H5
Eiiplicnio KoshrocnkolT ., . . . .
11 • • • •
HO 85
8,870 73
0)1 S/ieritil Dqiimt at I ptr ttnl, ptr amiiim.
Korrii'k Ai'tnmniioir .. .. .,
Senior
2,281 00
Ki'irick Uute»iii . . . . . , , .
)* • • • •
2,04H 33
.)oliii Knttiii .. . . . . ..
11 • • • •
1,625 00
Kov. I'aul ShniHliiiikoir
I'ricst
3,341 74
fiillu'iiiio Slmtvn^iii ,, .. ..
Wi<low
227 05
Mm kol Volkoir . .
Si-nlor ,.
083 08
Kllon Volkoir
Unmnnicd
343 08
Ai'dotiii Scdiok ., .. ,.
Minor
104 17
Kluiiboth Sodick ..
tt • • • •
03 01
/lU'lmr Sodirk . . . . , . . .
ft • • • •
104 18
Nrdoniln ShnishiiikotT . . . . . ,
It • t • •
105 09
12,117 02
Total
20,087 75
I ''l
J)isTuinuTioN of rrocccils from Fur-Seals tukou on St. Paul Island, 1890.
Anpiist 1, 1890—
10.777 si>nl-skins, at 40 cents , , .,
53 »oal-t>kinfi, cut, ut 20 cents . . ..
150 senl-skins, rejected ., ,,
40 sea-liou skiuB, at 1 dollar ,, ,,
Loss provisions at N. E. Point
Total . .
First Class.
1 . Hev. rniil Slinishmkotf, priest
2. Ai\toi\r Melcvidoff, first chief
3. Knrp Uuteiin, second cliicf
4. Jacob KoDchutcn ..
5. Oi orge Koochutcn, .
6. Thco. Scdick
7. Augio Cashing . .
8. Martin Nednrnioff..
9. Stepau Kuzcroff . .
Dols.
c.
.. 0,710
80
10
00
02
40
40
00
40
M
. . 0,783
31
168
H)
158
10
168
10
158
19
158
19
158
19
158
19
158
19
.. 168
19
7t>
Pols.
c.
0,710
SO
10 00
02
10
■10
00
40
50
0,7 H3
;v)
158
19
158
19
168
19
158
19
1S8
19
158
19
158
19
158
19
158
19
88
10. Ni'on Mniiilrt'Kan .,
11. IVlor Krukoir
12. Niroli Kriikotr ..
lit. Kvrrick 'rnrriikiinoflf
U. Dimiol I'lirumiliia ..
IS. Apiilloii lIurdiikofFiiky
10, /iivliiii' ItDiikiiriNlimknir
17. Ku|ilicni(< KiiNliiriiikuir
18, 8U'|)iiii Ncdiii iixufr. ,
10. I'lirliii ronkoir ..
'20, Niri>li (Iroinofl ..
21. Kliiri'y Su-pctcin ..
'22. I'utor Ti'toll'
'J.'). I'ctor Otmlinoir ..
'I'uliil . ,
1. Hinicoii Moli'viduir
2. Oi'iii'Ko Kiiii'iKiir . .
.'). Miuki'l Volkoir . .
4, Ki'rrii'k Arlciiionoff
5. Kcrrick lluti'iiii , >
0. Viixili Sudiilo
7. I'^iiidiciiit' Kiiorliutoii
R, Joliii KnitiK , .
'lolal . ,
1. MctroOiti Sliiityogaii
2. ArHciicy Arkonliuff
3. Joliti dlotoU'
4. NciKHi Slioboliii .,
6. Ak'X. IlniiHuii ..
0. Neon 'IVtof
SecoHii Clait,
Third Clan,
Total
1, Darofav HU<|)i'toiu . .
2, Jiiliii Koolcliiitin . .
3, Nicoli llogodiinofT, ,
4, Vliidimor I'lokoiicifT
5, I'tuil lliiburotl' ..
Tutal . •
1. Mnxim Krukoff ..
2. AU-x. Goliiktonoff . .
;i, Alex. Meluvidoir ..
Totnl . .
1. Alex. Mcrculift'
2. John Kuznitzofl'
Total
Antone McloyidoQ', first chief
Kurp Buterin, second chief
Mrs, Tcrrinti Stcpctein
Mrs, Peter Pceshenkofl
Mn. John Ilopoff . .
Total ..
Fourth CUut,
Fifth Clan.
Sixth Clait,
Special Clati,
Dols.
e.
16H
lu
158
18
15H
10
158
10
ir,H
11)
IfiH
10
158
10
15K
lU
158
Itf
im
10
158
li>
1A8
10
IS»
10
lAR
10
—
3,038
37
142
37
142
37
142
37
142
37
142
37
142
37
142
37
142
37
1,138 00
120
50
120
.10
120
50
120
50
120
60
120
50
75U
,|0
no
73
110 73
110 73
110
73
110 73
653 65
• •
04
92
• t
94
02
• •
94
92
« •
284
76
• t
79
10
• t
79
10
• •
158
20
• •
50
00
« •
50 00
• •
50 00
• •
60 00
• •
50
00
260 00
If
I
;
hi
i
j,;
^::k
i
M
m
[2951
•.4*M»»'^f»4 - *' ■cniiiH^^'MUt
I" 2
m^^i^f^m^m
I^PVW^
mmmmm
34
Tablk Nliowitig DislriljiilJon or lOariiiiigN nii St. Pnul Island for tnking Kiir-BualH
in 18H1).
t
m
|i !•.}
No.
Amount.
~
Fin I
Class.
Dolii.
e.
1
1. Ilulrrin, Kiirn, ncrniid cliiol
• • • •
627 HA
i
2. KiiloliDOlpn, Jnciih . .
* • • •
027
H.I
;l
3, KoU'luicitrii, (jforKO ,
• • »•
027
H.'i
4
•1. I.nlirk, ■riiooilori' . .
..
027
HS
A
5. Hi<'|>lino, 'I'ononlin ..
f • • •
027
Hft
(1
0. Viittpiii, 'rciliimpy . .
• • ••
027
H5
7
7. KiiNliiii, AkkIi-
• • • •
027
H.'i
H
H NiMli'iiijiiitl'. Miirtiiii ■ .
* • ■ •
027
Hft
11. Mrloviildll', AiiKinc, liriil chief
• • « ■
(127
H.")
1(1
!(•. Kczfroir, I'lml
t • • •
027
H.'i
11
1 1. Kc/.i'ioir, Sic mil
12. Miiiulri'niii, Ni'iiii
• • • •
027
H.'i
ri
■ ■ • •
027
H,5
13
1.1. l<nil>..ir, I'.I.T
• • • •
f,27
H.'i
u
11. KniUoir, Niroli
• * • t
027
H.'i
\6
l.'i. iiinikniKitV, Ki'riii'k. .
■ • ■ •
027
H.'i
1(1
1(1. ruiiiiu'liin, D.mii'l . .
* • at
027 8.i
17
17. lliuiiilrrkiit'Kk)-, Apollon
• • • •
027
H5
1«
IH. ItoiikiiiPKliinkon', /iiclinr
• • • •
027
H«
11)
10. KoHliinki ft. Kiipiu'iliu
• • • •
027
Hft
20
20. Ni'iliirii/oir, Slopiiii . .
• • at
027
Hft
ai
21. KriKin, Joliii
• • • ■
027
H.'i
•2'i
22. ruiikilV. IVrfiri
« • • •
027
HS
2.1
2;l. SiiMoliii, K.liiiy
• • • ■
027
85
24
21. Me or.'<(l..(l', Smioo!! , ,
• • • •
027
»r,
•J.5
2.'j. 'IVl..ir, IVlpr
• • • •
027
Hft
20
'Jli. (Ji'tiiiKiir, Nioiili . ,
• • • •
027
HS
Srcond Clan.
27
1. VolkotV. Miirk.l ..
• • • •
605
05
38
2. ArtomDiiiifr, Kiriek..
• • • •
505
09
20
3. IliiU'i'in, Kcrrirk
• • • ■
505 OS
30
4. IVoKliitik.iff. IV'ttT , .
• • • •
605
05
111
5. Ilokor. ff, I'lml
• • • •
505
05
32
0. I,o<luU', Viisdiloy
• ■ • ■
805
OS
S»
7. Kolcliniitt'ii, KiipUcnic
• • • ■
566
05
34
8. Ilnpiitr, .lohii
t • • *
5(i5
05
35
9. KmniiolT, (li'<irgo
■ • • •
606
OS
30
10. Oustii;. fl", I'cUr
• • • •
566
OS
Third Class.
37
1. Thutyngin, Mctrofim
• • • •
602
29
3H
2. Arkiishdir, Artcuy ..
• • • •
602
29
39
3. niotoff, John
• • • •
502
29
40
4. Shiibalin, Nopon
• • • •
602
29
41
5. IIhiisscii, Alvximdcr
• ff ■ •
502
29
42
(1. Totoff, Neon
..
502
29
Fourth Class.
43
1. Stcpelin, Durofay ,,
• •
• ■ t •
439
49
44
2. Kotchootrn, .lohn , ,
• • ■ •
• • • •
4.'J9
49
45
3. li.igilanoff, Nipoli . .
• • • •
• • • •
439
49
>
46
4. Trokopicff, Vladimer
• • • •
• ■ • •
439
49
Fiflh Class.
47
1. Krukoff, ^[nx<m
• • • •
• • ••
376
73
48
2. Gnlnkint ff, Alexander
- • • « •
• • • •
376 73
49
3, Motovidoff, Alexander
• • • •
• • • •
376 73
^
Sixth Class.
AG
1. Shnishukoff, Alexander
• • ••
• • • •
251
17
51
2. MercuUiff. Alexander
. • • • •
• • • •
251
17
52
3, Kiiznitzoff, John
» • • •
• • • •
261
17
Sptcial Class,
Shaishmkoff, Faul (priest)
• • ■ •
t • • • «
1,000 00
i
Two chiefs, each 100 dollars . . . .
• • • •
200 00
\
Estate of C. Shaboliu
• ■ • •
• • • •
260 00
'
^
Estate of A. Galkin
• • 1 1
t • • •
260 00
Widows' fund
Total . .
• • • •
• • • •
• • • •
• • • ■
3,000 00
32,330 00
■^^
i2iUkCMld^«^M^£&. ^'^-'^^''^^'bl^MfCtcuU^ivV ^-.-^L^.
Recapitulation.
N.l.T'il Hoal-nkiiii, nt 40 ornU . ,
1,270 Rcnl-ikiim (cut), nt 'iO ccDt«
20 Ka-lion ikinii, at OU cciiIh . .
liCM, for proviaior.i tn N, K. P.
Total
Doln, 0.
120 80
l,:i()0 00
Doll. 0.
33,4 H» no
2.')5 20
lA 00
33,7fi9 80
l.-iUU HO
32,330 UO
Tlioai- in llio flriit oInM ilii. ilil Imvo rcccivvil 2.11 ilolliira, Ic-nvitiK to tlivir oruilit , .
Thiiiir ill llip hccoikI pInH« kIidiiIiI Imvi' rcci-ivt'd 2()H tliillnrH, IcnviiiK to tlioir criMlit .,
'riidxc in till' tliii'il rtnxii uliniilil Imvo rpccivtil IH'2 ilolliirH, loiiviii|{ lo tlwir credit .,
Tliimc in the fuiirili rlnnn nlioulil liiivc rcncivrd lAO lUdlurn, IvitvitiK to tlicir crt'dit . .
Tlinitu in tlio fillli cIiiMa olioidd linve ipceivi'd I'l.'l dolliim, Ivaving to tlivir credit
Tlioi>o in tlio Kcvcntli clnan xliould linvi- received iOI d< Hunt, Ivuviii); to tlieir credit.
Dolii. 0.
171 00
Ifi2 00
133 00
Hi 00
132 00
00 (10
If the nccompiinjiinK innlriictiunR of llie Trcnanry nHcnt in cliiir)fc lind been complied with, the
woulil Imvo Itceu in circiimstnneeii, fitinnciiilly, to meet tlieir unfortunate, but nut unexpected, conditi
ilrorly fhown by the oinountM which iiliould liavv been In thoir credit.
natirof
I, condition, ns ii
Dk. Account Cuiihent. Ca.
(J.)— Tub North American Commercial Company in account witli tlio United States at
St. I'aul iHland, Alaska.
May 24, 1800— DoU. o.
To oil fund trnnHfcrred by Alnnka Commvrcinl Company .. .. ..124 87
To nntivun gonci'ul fund .. .. .. .. .. .. 182 56
Db. Account Cukrent. Cr.
(K.)— Tub North American Commercial Company in account with tho United States at
St. George Island, Alaska.
M»y 24, 1800— DoU. c.
To natives gODcral fund .. .. .. ., .. ,, 193 12
(L.)— Census of St. Paul Island, Alaska, July 31, 1890.
Age.
Name*.
Place of Birth.
Occupation.
Males.
Females.
4 1^.
AdamonoiT, Kcruck . . . . . .
G5
St. Paul Island
Scaler.
ArlnmoiioB, Alexander, wife
, ^
30
St. Michael's
Atlamonotr, Anxciina, daughter . , . .
..
24
St. Paul Island
Imtioff, I'^odakia, sister . . . . , ,
. .
18
St. Michael'i)
Arkanhoff, Aneny . . . . . ,
25
• •
St. Poul Island
Scaler.
Arkoshoff, I''uphoinia, wife
, ,
30
1, It • *
Anslogoff, I'eter . . . . . ,
27
• •
St. Qeorgo Island .
Austcgoff, Paroscoria, wife . .
, ,
23
St. Paul Island
AustegofT, Stepanida, mother . ,
^ ^
56
St. Oeorge Island . .
Irooofi', Anastotiia, niece . . . .
,^
12
St. Paul Island
*
Sharthurkoff, Oeorge, adopted . .
, ,
9
,1 »» • •
BogdanofT, Nicoli . . . .
20
• •
St. Oeorge Island . .
Bogdaiioff, Fvronia, wife . .
, ,
21
St. Paul Island
; '
Bogdanoir, Zoehar, son
i
• •
if 1* •
Bourdukopsky, Appolvon , , . . , .
38
, ^
Oonalaska . . . .
Sealer.
Bourdukopsky, Chioni, wife .. .,
• •
31
Bt Paul Island
•_
Bourdukupaky , Peter, son . . . . . .
12
• •
ti »• •
^
lloordukopskyiOuleta, daughter ..
• •
f» If ■ •
r
1 odoihuskoff, Evdokia, adopted
• •
IS
Gonahtska . .
Bitorin, Karp . . . . . . , ,
38
• •
St. PauIIsland
Sealer.
Biitavin, Parawsovia, wife . .
• •
36
Oonalatka . .
I
i:
1.
'V
> r
to-
ft
''■
t
\ V^
I:.
:^:'I
11
30
Niinitu
r
I iiil!
ilutiiTiii, CoiiHtnnliiiP, koii . ,
lliilnviii, Ivnn. hoii ,,
Mrrukin, Miiry, ii(lii|iti'il . .
Kiitiiriii, Kriiii'li . .
Kuliirin, ('ntluM'ino, (laiiKlilor
KiimiiDir, (f«M>rni>. . , ,
Kniiiiioll', Atitiii, iiiollicr . ,
KiixiiiMiiiiir, ildlin, luMilu'W . .
Koriii'tiiiir, Aniiliii, iiicoo . .
Kiiili", Jiiliii . ,
I'latiK, AliDiili'iin, will-
I'ViiliM, SiiHiniiiji, (liiu^;lit('t' ,
KriiliH, Jdliii, Hull, .
(ilototr, .loliii
(iliili)ir. Mm V, motlirr . .
<lioiiii ir, Nii'iili . , . .
(Iri'iiiiill', Oulniiiiiii, wil'ii ,,
I.cili'k, WIzalu'tli, iiilo|iti'il. .
IIiiticK.ir, I'iml ,,
Ki>li'lnioiiii, Knnliciiiiii
Kdli'luioliii, IVIoniii, will- , .
Homliiiinll', Mary, atlojitoil , .
Kctrliiioliii, (ii'iirijr
Knti'lioutiii, Maria, wife .,
Kotcliootlii, I'rii'i', KOII
Kutrluioliii, 'rirpiiii, sun ,.
Koti'liDiitiii, Matroiin, ilaii);li(t'r
Koli'liODtin, , iIau({)itor, inCaiit
Kotcliiintiii, ,laroli , ,
Koti'liontiii, I'Vvroma, wilo
Koli liiioliii, Onlcta, ila«nlit< r
Koli'lumtiii, I'llli'ii, ilauj;litor
Kotcluiiitiii, 'riu'iulura, mill. ,
Kiiti'liooiin, , son, iiil'aiit
Sotlnslimkoll", Nalallii, adopti'il
Koi>1i\vinlvotr, KiipliiMii .,
Kooliwinki'tr, Aniolia, wife
Kooliwiiiki'tr. Paul, .son
KiTorotr, Siciian . ,
KcfiToll, .\na>tasin, wifp , .
KoziToll', Tri'poil, ^oll
Kcn'iiill, 'I'eonaliy, tlaii(;litor
Noil kiiir. Si-mioii, stepson , .
K'.ukoll', Sukoiia, adopted ..
Knikol)'. IVtir .. ..
Kriiki 11", .\iuia, wife . .
Krukolt', Meoli . .
Krukoll', Caihoiiiie, w ife . ,
KnikolV, .Metrofaii, son ,.
Krukoll, Oiisteann, dauglitei-
KrnkotV. Maxiai . . , ,
Krukoll', IVoi'tesia, w ife . .
Krukoir. John, son
Kriikiill', , sen, infnut . .
Kus'iiii. .\j;(;ie . . . .
Knsliin, Mary, wife
Ku>liin, Sukeria, dauijhter, .
Kushiii. Mieliael, son , .
Shuposhmkotl', Yatinnn, adoptoil
Mnntln'nu, Aetn..
Miuidrcau, Maria, wife
Mardrenu, Jfnry, dauRliter
Mnndrcnu, Zovn, dnuglitcr. ,
Sedieli, Ardolia, niece
8«dich, Znebnr, ucplicw . .
Molvudoff, Antoiic . .
Mclvudoff, Agrafeoa, wife . .
Melvudoff, Alexandria, daughter
Melvudoff, Olega, daughter
Melvudoff, Mary, daughter
Velvudoff, Alexandra, mother
Melvudoff, Alexander, brother
Sharohmkoff, Matrona, adopted
'iederozoff, Martin . .
Wederoioff, Stepaa , .
Ago.
Milieu
'i'i
\'r,
•ir.
r.
•Ji
21
■l(»
■If
III
I'i
(>
10
8
8!)
"7
15
a9
Vi
8
35
ii
37
'7
3*4
6
36
17
f •
37
34
I'Viiialoa.
18
18
IK)
ij
W
13
(13
J3
11
17
•iit
37
17
7
11
31
• •
10
'3
li?
• •
35
3*1
• •
i
2C
36
14
17
28
7
5
10
34
10
G
4
56
riaoe of nirth.
8t. I'niil Ulaiid
Ooniilaiika , .
St. I'linl Maud
»• 'I
Sadroiio InlaiidH
Ooiiulanka . .
St. I'uiil Inland
Oiilialiixkii , .
Alton ..
St. I'liul Ixluiid
Kodlak
St. Paul Ixlaiul
OiiimlaHka . ,
St. (lc'or|{)' Island
8t. I'nul Islaiia
Oonaluska ..
St. I'nul Islanil
Ungn
St. I'niil iNlaiid
1'ngn
St. (ieorgo Island
8t. ratil Island
ft «.
Ooiutlaska . .
St, Piiiil Island
»» ).
Uonalaska . .
t» . .
Sitka
St. Paul Island
At sen neor Sitka
Sitka
St. Paul Island
*• «»
Sitkn . .
St. Paul Maud
l» '»
Krooslc Islanil
St. George Island
St, Paul . .
St, Oeorgc Islimd
Uonnlaska . .
St. Ueorgc Island
Alton . ,
St. Paul Island
Kodink
Atka
St. Paul Island
California ..
St. Paul Island
"i'«»imiiiiM,
SiMiUr.
Sealer.
Sealer.
Sealer,
Healer.
Stealer,
Sealer.
Scaler
Sealer
Sealer.
Sculer.
Scaler,
Scaler.
Sealer.
Scaler,
Sealer.
Sealer.
Sealer.
Sealer,
87
Nnmui.
XidiTiiU'ifl". Ali'xniidrn, wifo . .
^i'ilrr»/.i ir, Mnry, iiii-<!(< ,. .,
S(iliioz(p(r, l'riil((i|iy, iM'plmw . .
Snii'i"/"!)', Doriiicilont, ni'plunv .,
I'liiilii'ir. I'lil'iiiii ■. ■ ■ .•
|',iiik.iir, OIkh, wift<
Piinkdir, Viil«ii', mill
Ki'Mi/iilI, Niilnliii, iniilliir-iii-Iuw ,.
rnrani'liiii, Diiiiiul ,, .,
I'liriini'liiii, Ali'xiiiiilrii, wifo ..
|'n>ki>|>ri'i>ir, Kliiilciniir . , . ,
||wkii('rHliiul«'ir, .laclmr .. ..
Kmikuiii>liinki>ir, AiilrHiii, wifo ,.
K.hikonriiliiiiki'fr, Stf|Miii, nnn . .
|((H>kiiiii'iilniikiiir, I'nronciivin, dnuglitcr
Scdii'li. 'I'lli'ixlni'o ,, ,,
:<(ill('li, Miirtliii, wil'o . . . .
Si'ilirli, Annii, <lllll^llt^r ,. .,
St'ilicli, AimHiiiNiii, (liniKlitor . ,
iH'ilirli, Miiry. ilmiKliU'r . . . .
iN'llil'll, InllClkl'Mtll, Null ,, ,,
Si'ilirli, Viixtiiiiii, iliiiiKliter, . ,.
Snllili. I'liillip, iu'|ilif\v .. ..
SliirKlinikoir, l(rv. I'luil , , , ,
Hi;i('>liink(in', Nmli'Mclii, iiioco .,
Sli:usliiiik< fl, Viilcriiiii, iioplit'W ..
Slmliiiliii, 'IVccoii, , ,. .,
Sliiiliiillii, Ontilii, wife .. ..
syidllii, A|{n'r(<iiii, (liiiiKlitcr , .
Shiilitilin, A);rol'(<im, iiicillii'r , ,
Shutjn(;iii, (.'ntlioriiic , . . .
Sliiilyiii,'iii, Motroriin , , , ,
S|iulyii(;iii, Oiililii, wifo , . . .
Mi'ilMi(;in, I'liroiciiviu, nUlvv , ,
St'ilulr, Vmcly . , , . . .
Si' lull', Mli/ulioth, wife ,, ..
Si'iliili', Vdin, (liuightov ,. ,,
Sii'|ii'tiii(-, Kliiiy .. .. .,
Sicpilini', AniiH, wifo . . . ,
S|i|i"iiiii', Ontiinmi, iliuigliter
Fr.ilii. lIlliMi, iiicne . . . ,
Sti|iitim', Korofay .. ..
$lc|H'iiiu', Arilotiii, inuthcr ..
T:iiakiii»i(r, Korricli . . . .
riinil<iini)IT, Anna, wifo , . . ,
TtiolT, .linias ,. ., .,
IVtoft', I'l'lor
liloff, .Mniy, wifo ., .,
Td'ir, Zai'har, bintlior . . , ,
raiifl', AlcNniidra, siBlor ,. ,.
Gklii'ir, ('liroiiin, mntlior-in-law ..
(Ili'liiilV, 'I'asan, siatcr-iii-law , ,
Volk.JV, Markfl ..
Volkdlf, Alixniidm, wifu . . , .
Volkull, infant, boy . . , .
fl'iilotoi.
AikaslidlV, Murtlia . ,
Zulimcnoft" Anxomin, niece
Zaiznrnolf, Tassia, sistcr-in-lnw
Halnksliiii, Mationa . .
I'alakvliiii, Af;npia, nicoc . .
Slinpooliiiikoff, Parnsconn, adopted
litlKlazoif, mien . .
TarakiinoH', Mary, adopted
Knikolf, Natutin..
KrukoH', Jolm, son «.
Hopoir, Aiiissia , . ,,
llo|inlf. Nc-kitn, son
Kozcioir, Aoilotia
Kczloff, Parascovia
K'czloff, Tcortoiia, daughter
Kesldff, Michael, son
Ag«.
MiiU^a.
<l
4
« •
a
nil
iii)
8H
i()
■i"i
III
so
12
2.'i
DO
41)
28
2*1
1)8
i22
27
47
Infant
Psmnloi.
11
3
au
10
2U
• •
HI
30
• t
• •
2(1
2
;»7
21
17
14
22
:)
.10
24
si
11
a
7
• •
60
34
14
SI
IB
38
31
14
25
42
13
25
56
15
39
24
30
33
13
Place of Uirth.
Alton , .
St. Pnul Ulnnd
St. Cli'orno
Hi. I'uul Ulnnd
St. (Icorno
St, I'lial Inland
Ocinulunka , ,
Altiiii ..
Ht. Paul Mand
OiinHluKkii . ,
Ht. I'anI iHlnnd
Oonnlaakn , .
Ht. I'aul Ih and
Ocoupfttlon.
Onnalanka ..
H. Paul Inland
nonnlaHkn . .
St. Paul Mand
,, ..
Ht. Ocornc
St. Paul Island
Kodiak . ,
Oonulaska . .
Ht. Paul Mund
,. It
Oonalaskit . .
Ht Paul Island
Sitka
St. Pnul Island
»t It
St. Oeor^o Inland
.St. Paul Island
.. .t
St. CJcorgo litland
Atka ..
Oonalaskn . ,
St. Paul Island
Oonnlanku , .
St. Pnul Island
St. Pnul Islund
St. Paul Island
Oonalaska , .
St. Paul Island
St. George Island
Oonalaska . ,
St. Paul Islund
Healer.
Scaler.
Hoalor.
Healer.
Hoalor.
Sealer.
Pricut, Oreek
('hurch.
Healor.
.,| Healer.
Hcnier.
Scaler.
Sealer.
Sealer.
Scaler.
Scaler.
Sealer.
i'
!
, t
>|:
: [;
l' i
it;
<, '
r i'
rMi
fftP
m
■A
J.!
Ir
W i
r
i
88
Age.
—
NamcK,
riaoe of Dirth.
OcciipaiioD.
Malci.
Females.
■ — i -
Keilufl', Nicoli, noil .. .. ,,
3
, ,
St. Paul Utand
Seiebremknff, Olgn, sinter . .
, ,
■:7
M It • •
Mandrrgin, Yeatenia .. .. ..
, ,
so
>t 1* IS
Kookoonkuiikofr, Anna, adopted
• •
fl
»t t« • •
MurcnlioflT, Anxeniia
, ,
as
1* 1* • •
Murrnlidfr, Alexander, son ., ..
10
, ,
tl «t • •
Senior.
Murenhoff, Martin, nnn . .
10
, ,
t1 *t • ■
Murenlioft, Ellen, daughter
, ,
12
1* |( • 1
Murenhoff, Tntoff, daugliter
..
14
t( |«
Murinlioff, infant, Kon . .
Infant
a a
11 II • •
Ardcrnzoff, Akoopena , .
Arderninff, A);rofena , . . .
, ,
45
*t 11 • •
■ •
2i
II II • •
Ariliruzoff (infant ion of Agrofena) , .
. ,
• •
It It • •
Pomnhoff, Itiirbra
, ,
41
II 11 • •
PomohoflT, Sulomo . , , .
, ,
16
It If ••
Morculuif, John, adopted , . . . . .
, ,
• •
II It • •
Puabrukoff, Vas-iclesia . . . .
, ,
82
t1 tt • •
Popoff, Ardotca . .
, ,
82
Alton
Popoff, Kvrnsunia, daughter . .
Ba nkahin, Anna, daughter ., ,,
• •
1
St. Paul Island
, ,
8
11 tl • •
Popoff, Aranasen, . .. .. .,
Shitjagin, Dana, adopted . .
, ,
40
)• *t • •
, a
11
Rezcuza, Anna . . ..
,,
88
Kosknpfrum?
Galakloonofl, Claudia
• •
12
Oonalaskn • •
Ijcdich, Dana
• •
48
It • • i •
Kutehootin, John, Hon ,. ,. ..
21
a ,
St. Paul Island
Scaler.
Kutchootin, /enoria, daughter
• ■
2S
|t It s •
Katehootiu, Ellen, daughter
, ,
17
It t| • •
Loi'okcn, Morth . .
, ,
21
Oonalaska • •
Shane, Cutlierine. , . . . . . .
, ^
31
Sitka
Shane, Mary, daughter
• •
12
St. George Island • .
Shane, Ficokia, stepdaughter
• •
22
*i 11 • ■
Shane, Piirnscoiin Yuok ad, daughter
, ,
4
ft ii • •
Shone, Kli very Yuoklad, son
3
a a
St. Paul Island
'I'etoff, Foduuia . , . .
a ,
34
Kivcrlo Island
Tetoff, Irene, dnughter
'J'etoff, Sofu, daughter , . . . . .
a a
7
St. Paul Island
• •
6
It tt • •
Tetoff, Anxomin, daughter (dead) . .
• •
2
tt n • •
Kotcliergin, Ardotea, daughter . . . .
• •
17
» II • •
Torentora, Anna . .
. .
72
II It <
Turentorn, Anna, daughter . . . .
• ,
;i!)
II II • •
Volkoff, Ellon ..
• •
36
II II ••
Kvoliin, Meria, niece . . . . . .
• •
11
tl It • •
Znclmroff, Kiracha
• •
45
Oonalaska . •
/.:icharuff, Emanuel, son . . . .
11
• •
St. Paul Island
Zncbaroff, Fcodosia, daughter
••
15
II 11 • •
Reoapitulation.
Total populotion, July 31, IHOO
Males —
Adults . .
fl (o 1 7 years
Under 8 years . .
Fciaales —
Adults . , . .
6 to 1 7 years
Under 8 years . .
913
42
23
12
73
41
22
213
(M.)— Cenhijs St. Goorgo Island, Alaska, July 81, 1891.
.
Ago.
ITnmei.
i
Males.
FemalM.
T.estoiikolf, Rev. luokeiity , . . , . . .
60
• •
LoHtrnkolf, Klniivta, wife . . . . ,
• •
66
LenlcnkoH", Miclmel, ion . . . , ,
17
■ •
LcttcnkoH', Ilclcnn, ilnuxhtrr ,. .
( • •
24
Lestcnkoff, Mnrv, dauKhtcr . . ,
Lcitrnkotf, Snrnli, (kuRhtcr ,,
• •
ao
t ■ a
13
RhniikiiiKknir, Juliii, grnnd-daughtor .
> • ■
13
Lettvnkolf, Ucmctri, widower , .
'id
• •
Lcstcnkoir, Anna, diiuf{)itrr . ,
• •
a
MurcnlivfF, Murk, adupted, . . , ,
4
• •
PhilnnionuH', Andronio . . . .
■i3
• •
PliilnmonofT, /vnvolii, wifo . .
• •
25
Philnmonotr, inrant ,, ,, .
• •
• •
Qalanin, Oclina, widow . . . . .
• •
27
Oalnnin, Evan, son . . , .
8
• «
Prokopicf, Peter. . , . , , ,
3S
, ,
Prokopief, Fcdosin, wifo , , . . .
• •
19
Prokopicf, Apnnnsin, brother , ,
12
• •
K jzniii'.nfl', FcdoHJa, widow . . .
, ^
46
Kcrjinxntr, Inokenty, son . . , .
12
• •
Kezan/afT, Tcrafniin, grnnd-daughtcr .
, ,
• •
OnstegolT, Alcxa, widower . ,
40
• •
Onlnktinnoff, Alexander . . . ,
39
• ■
OnlaktinnoiT, Oxcnia, wife, ..
• «
18
Smctzolf, Eimtin . . . . . . .
39
. ,
Smctzoff, Krcstina, wifo . ,
• •
33
SmotKoff, QrcKorio, son .. ..
4
• •
Philanionoff, KoP", -idowcr
45
• •
Philamonnif, Grc^orio, son . . ,
17
• •
Philanionoff', Dcinctria, son ■ . ,
3
• •
Fhilamonotf, Kouimc, daughter . .
Qorokoll', Corinal . . . ,
• •
16
M
• •
Gorokoff, Katerina, wifo , ,
• •
35
Uorokolf, Anna, daughter . . . . .
• •
10
Qalairac, Pcrfor, brother-in-kw , . ,
16
• •
Oolaime, Alexander, adopted
4
. ,
Kuliknlieff, Evan
44
• •
Kulikniiefl, Vnrvara, wifo , ,
• •
45
ArkolofT, Krdokia, adopted
• •
4
»• .-..■-
Shane, liaisha, widow . .
• •
38
Shane, Uuletta, daughter . . . . .
ff •
21
Shane, Michael, son ,. ..
2
• •
Morenlieff', NntiUia, sister , . , . .
• •
29
Morcniieff, Ncdesds, adopted . . .
• •
10
Oustegoff, Olleta, widow , .
B«
28
■
Uustegoif, Simeon, step-son , .
26
• •
Oustegoff, Agrafena, doughter . . ,
Uustcguff, Kproxia, daughter . . .
• •
16
• •
10
Oustegoff, Michucl, son ,, ..
5
• •
Oustegoff, Sosania, daughter . .
• •
3
Oustegoff, Pcligia, daughter
• •
1
Rognnzoff, Peter . . . , . .
44
• •
Iteganzoff, Matrona, wife . .
• •
48
Repuniioff, Fatiaiut, daughter , . .
• •
6
Philanionoff, Simeon
40
• •
Philanionoff, Eodokia, wife . . ,
1 • •
17
..
Philanionoff, Eiriam, son . . . . .
19
• •
Philamonoff, Imokcnty, son
15
• •
' '
Fhilamonoff, Fedosia, daughter
• •
8
"' *"
Philamonoff, Audrian . . , .
23
• •
Philamonoff, ParoscoTiu, wife . . .
> • •
26
'
Philamonoff, Peligia . . , . .
> ■ »
2
. j
Malavansky, Mary, widow . ,
• •
54
Alalavansky, Meolc, sou . . . .
25
• • '
' ' '■
Malavansky, Wassa, daughter . .
Malavansky, Reptcima, daughter . . .
• ■
IS
.— -
■ • •
30
Malavansky, Stcpmeda, grand-daughter
• •
10
Malavansky, Kleopatra, grond-daugher
• •
7
Malavansky, Peter, son , . . . ,
Nederozoff, Arkcnty
1
• •
38
• •
Nederazoff, Eogenia, wifo , . . . .
Nederaioff, Malima, daughter , , ,
• •
36
• ••
16
ll
!<■
f
I
f
\i \
'51
ill
lit-
I;
t: N
4
I
1 A
■ I
I i '
I;
H
[295J
""•"■-^■"'f^PPIIRPUpwwP"
I
'' ■ Names.
Age.
' Males.
Females.
Nederazoff, Meoli, son . . . . . .
Muenlieff, Frevonia, widow
Muenlieff, Joseph, son .. .. ..
Muenlieff, George, Mn .. ..
Muenlieff, Stepenida, daughter . . . . > •
Muenlieff, John, son (infant) . .
Muenlieff, Hehna, daughter . , . .
Smetzoff, Polozenia, sister . . i . • •
Smetzoff, Frevonia, daughter . .
Seeanoff, Stepan . . .. .. ..
Seeanoff, Peligia, wife
Seeanoff, son (infant) . . . . . . . .
Merenlioff, Waselesia, widow
Merenlioff, Evan, son . .
Merenlioff, Alexandra, daughter . . . . .
Merenlioff, Eodokia, daushter . . . . • <
Merenlioff, Helena, daughter . . . .
Merenlioff, Anna (infanQ , . .. ..
12
• •
18
16
is
• •
36
• •
13
• •
5
30
12
• •
21
• •
38
• •
11
6
3
• •
Recapitulation.
Total population
Males —
Adults . .
6 to 17 years
Under 5 years
Females —
Adults . .
6 to 17 years
Under 5 years
90
Id
10
8
24
19
10
(N.) — Li3T of Accounts transferred to the North American Commercial Company by
the Alaska Commercial Company for the Natives of St. George, May 24, 1890.
Names.
Amount.
Names.
Amount.
Dol. c.
Dol. c
Ivan Kulikuliff
68 71
Meoli Maluoansky
187 00
Joseph Merenliff .. .. ..
70 00
Demctii Testrukoff
265 69
Peter Prokopeef ..
20 51
Gregorio Philamanoff
7 25
Okelena Galamu, widow
40 00
George Merenliff . .
10 25
Stepan TekanoS ..
126 00
Andronie Philamanoff
123 50
Russa Shaen, widow
61 50
Serafinea Rezanzoff, orphan . . . .
61 20
Andrean Philamanoff , . . .
125 00
Ncdesda Muenliff, orphan . .
Ardokia Kikoliff, orphan . .
Mark Merenliff, orpnan . .
201 49
Eoff Philamanoff ..
149 65
232 69
Mn. Sebutin Merenliff
146 00
211 39
Peter Rezaoioff . . . . . .
81 00
Ardokia Fopoff . . . .
74 46
Arkenty NedaracoS . . . •
164 00
Ogefinia Onstigoff, orphan . . . .
IS 05
Alex. Qakktonoff . .
128 53
Fedoria Rezanzoff, widow . . . .
50 00
Simeon Philamanoff . .
Eustin Swetszoff . .
166 00
164 00
3,691 87
Mike Testinkoff ..
NauUe Merenliff . .
10 50
60 00
Rev. Irmokenty Testinkoff, priest
1,700 00
Inuokenty Rezanzoff . . . .
Mrs. Zachn. Onstigoff, widow
Connil Oorokoff . . . . . .
95 £0
St. George Church . . . .
1,394 65
127 Rn
167 00
3,094 55
Alexia Onstigoff . .
Simeon Onst^ff . . . . . ,
168 60
126 00
Total
6,786 42
. I ,1.
'S^uJ,
tsis^SiL..
ales.
21
38
11
6
3
• •
90
. 19
. 10
8
. 24
. 19
. 10
sial Company by
lay 24, 1890.
Amount,
• ■
• •
• •
• •
• •
• •
• •
t ..
Dal. c.
187 00
265 69
7 25
10 25
123 50
61 20
201 49
232 69
211 39
74 46
18 05
50 00
3,691 87
1,700 00
1,394 65
3,094 55
6,786 43
■ - '.'v ,
' -.. 41
NoBTii American Commorcial
Company, San Francisco, Cal.
Division of proceeds of
Sealing at St.
George Island for the Season of 1890.
[4,113 seal-skins at 40 cents, 1.644 dol. 80 o.]
First data.
Dol. u. 1
M. 0.
LestankofT, Dimctra . ,
i« •• •• •• ••
85 66
Nederosoff, Arkenty , .
k* •• •• •• ■•
SS 56
■*■ '
\u!itekoff, Alexage , .
• •• •• •• St
85 56
Philamoiioff, Eoff . .
• •• •• •• ••
85 56
Philnmonoff, Simeon . .
• •• •• •• ••
c5 56
Oorokoff, Comeiil . .
»• •• •• •• ••
85 56
SwelKoff, Ensten
•• •• ■• •• ••
85 56
i»8 92
Second Clati,
Malaranski, Meoli . .
•• •• •• •• ••
72 72
Philamonoff, Androniu ,
• •• •• •• ••
12 72
*
Philamonoff, Andrcan
• •• •• •• ••
72 71
SekarnofT, Stepan , .
>• ■• •• •• ••
Third Clan.
72 71
t
290 86
Kulikoloff, Evan
»• •• r* •• ••
64 17
IlezaniH ff, Peter
• •• •• •• ••
64 17
Onstckoif, Simeon , .
• •• •• •• ••
64 17
Merculiff, Joseph
• •• •• •• ••
64 17
Prokoploff, Peter . .
• •• •• «i ••
64 17
Lettankoff, Mike
• •• •• •• ••
Special Claat,
64 17
}85 02
Lestankoff, Rev. iDoakenlz ,
• •''> •• ■• ••
200 00
•■'
Philamotioff, Orcgorie
■• t« •• ■• ••
25 00
Philamonoff, Ephraim
• •• •• •• •■
25 00
Merculiff, George
• •• •• •• ••
25 00
Golanin, Hafara . . ,
• •• •• •• ••
25 00
Jtezanzoff, Innakenty
• •• •• •• ••
25 00
Nederazoff, Meoli . .
• •• •• •• ••
15 00
Merculiff, John . .
* «• •• •• •!
15 00
Philamonoff, Innokenty
« •« • • •• ■•
15 00
370 00
Total
• •• •• •• ••
1,644 80
List of Natives' Accounts c
lue them by North American Commercial Company.
Names.
Balance Cr.
Names.
Balance Cr.
Dol. c.
Dol. c.
Simeon Philamonof. .
216 56
Ephraim Philamonof
25 00
Alex. On^tegof
Andrcan Philamonof
216 06
Pafara Galanin , ,
25 00
170 21
Meoli Nedarazof . .
15 00
Andronie Philamonof . ,
170 22
John Mcrculcf
15 00
Eof Philamonof
202 21
Innakenty Philamonof
15 00
Jot. McrcuUf . . , .
112 17
Rev. Innakenty Lestankof . .
1,800 00
Peter Rczanzof . . . . .
123 17
St. George Church
1,294 55
Slepan Sekhanof . .
170 !il
Sebastian Merculif
115 00
r.ter I'rokopie .. ., ..
64 17
Nadvsdn Merculif , .
198 49
Simeon Onstegof . .
166 92
Zohor Onstekof . .
100 00
Uston Swetzof
209 56
Sorapheme Rczanzof
56 70
Arkenia Nednrazof. . . .
208 56
Ruse Shane . .
45 00
Corneal Goiokhof . .
213 56
Fedosia Uezanzof . .
39 00
Meoli Miilaranski . . . . . ,
233 72
Okalina Oalonin . .
27 25
Demetia Lestenkuf . .
286 25
Andotia Papoff . .
64 46
Uilce Lestenkof
66 67
Eflokie Vickloff ..
228 19
Gregory Philamonof . .
25 00
Agzafina Oi tekof
9 80
Geori;e Meroulcf . . . . . .
27 00
Natalia Meroulcff , „
60 00
Innakcntv Kezanzof . . . .
Kvan Kulikoloff . .
98 50
Mark Merculif . .
205 89
102 88
[3«53
■ ,•
- *■
J
G 2
•<1
M
i 1 1
t
ri\
' ♦'
[i I
(O.) — Receipts of Ayenls Lavender and Murray.
Island rj SC. Paul, Behriny's Seu, Alaska
August 9, 1890. '
This is to certify that 16,874 fur-seal skins have this day been shipiied on board the
steam-ship " Arago," Captain Thomas commanding, and consigned to the North American
Commercial Company of San Francisco. This being the total catch on Sfc. Paul Island
fotjhe season of 1890.
(Signed) JOSEPH MURRAY,
; ■ Assistant Treasury Ageru,
Island of St. Paul, Alaska, August 9, 1890. i
Received this day on board the steam-ship "Arago," for the North American
Commercial Company of San Francisco, 16,874 fur-seal skins.
(Signed) H. C. THOMAS,
Captain commanding " Aratjo,"
Island of St.
-, Behring's Sea, Alaska,
August 11, 1890.
This is to certify that 4,121 fur-seal skins have this day been shipped on board the
steam-ship "Arago," Captain Thomas commanding, and consigned to the North
American Commercial Companies of San Francisco. This being the tcciil oatch on
St. George Island for the season of 1890.
(Signed) ALBERT W. LAVl'.?' ^ ^ 1
Assistant '^i.-asuiy Agent.
f
i
i
I'l
Island of St. George, Alaska, August , 1890.
Received this day on board the steam-ship "Arago," for the North American
Commercial Com^Miny of San Francisco, 4,121 fur-seal skins.
(Signed) H. C. THOMAS,
Captain commanding " Arago,"
Washington, B.C., April 29, 1890.
In case of absolute necessity, caused by scarcity of natives or otherwise, use hest
judgment and discretion in allowing killing seals for skins after the 20th July.
(Signed) W. WINDOM, Secretary.
Charles J. Goff,
Treasury Agent, Seal Islands,
(Care Collector of Customs, San Francisco, California).
(P,)— Protest of George R. Tingle.
North American Commercial Company, St. Paul Island,
Sir, Alaska, July 18, 1890.
Your communication of the 8th instant was received, in v/hich you notify me,
as Superintendent of the North American Commercial Company, that said Conipan)
must cease killing seals on the 20th instant. The delay in replying thereto was
with the hope that, as a result of our several verbal discussions of the propriety or
necessity of your order, you would be convi»iced of the untenable position you have
assumed and revoke the order, thus allowing the lessees tn go on with their buKiness
as the law provides. Your announcement to me this ovening that you "-i ot
revoke your order, and that your decision is final, leaves r, o 'nt one thii;: ' '
to do, viz., file this protest against the wisdom, justice, or \--i-o' ty of cnforci: ;.
the lessees what we consider an arbitrary abridgment of onr ii^iits under and by vii. .
of the law.
The lease was executed by the Government of tlni ^^. iiid Stiitcs in pursuanci'
of Chapter III, Title 23, Revised Statutes. ThJ : ( a»v niH.:.,iiy.iHl tlic Secretary «f
ihe Treasury to prescribe from time to time 11k lluk'S un < ' ogulutions by wliii'li
48
(lie Treasury Agents in cliargc of the seal fisheries sliall bo governed. There ia
nowhere in the Law any provisioi. authorizing the Secretary of the Treasury, after
he has fixed upon the number of seals the lessees shall kill in any one year, to cut down
ihe lime to such a date as to make it impossible for them to secure the number allowed
tu be taken.
The date you fix, the 20th instant, it is true, was named by the Secretary
of the Treasury on your recommendation, but you received subsequently an order
to extend the time or " use your best judgment." On the receipt of said telegraphic
order the day before our ship sailed, you told the President of the Company, I. Liebes,
and myself, that " it would be all right ; it was as good as we wanted," &c., satisfying
the President of the Company and myself that you would extend the time, otherwise
we would not have sailed until we received from the Secretary a postive revocation
of that part of his instructions which cut us off on the 20th from killing seals.
You said to-day that seeing that seals were so scarce determined you to stop the
killing on the 20th, and yet you admit t)f having ordered Colonel Murray, o;i
St. George Island, the Treasury Agent in charge, to stop our agent there from killing.
This order was issued to Colonel Murray at an early date, before the killing of seals had
limdly commenced, and it was not known whether they would be few or many.
The law says the lessees shall give the natives a maintenance out of the taking
of the sealskins. How can that provision of the law be carried out when the Qovernment
steps in and stops the lessees from killing when they are taking 1,000 seals a-day ? By
the enforcement of your order as the Representatives and Agents of the United
States, you deprive the natives -^f a maintenance. You deprive the Government of
large revenue. You cause tlie North American Commercial Company great loss. You
turn over to the marauders and other natural enemies of the seals in the water many
thousands of fine killable merchantable seals, which we could take without any detriment
whatever to tlie rookeries.
We have every reason to believe, from the marked increase of new arrivals
of fine seals, that if we were allowed by you to continue our killing under the law,
e could fill our quota of 80,000 seals. Believing this, we will claim damages from
he Government of the United States equal to the loss we sustained by your act
limiting the time to the 20th instant when we shall cease killing. This limitation
of time has no precedent in the past twenty years, while the quota for St. George and
St. Paul Islands was several times changed. The law fixed the time when the killing
shall cease, but the Secretary can fix the number to be killed ea ;li year — not exceeding
100,000.
In view of the foregoing facts, the North American Commercial Company respect-
fully claim the right to be allowed to proceed with the execution of their business under
and by virtue of their lease.
I am, &e.
(Signed) GEO, U. TINGLE, Superintendent,
C, J. Gcfl", Esq., North American Commercial Company.
Treasury Agent in chargo of Seal Fisheries.
m
Office of Special Agent, Treasury Department,
I) '' r Sir, " St. Paul Island, Alaska, July 19, 1890.
fotn* communication hearing date the 18th instait received, and, in reply, will say,
as a subordinate of the Treasury De'^artmen'., I do not desire to discuss the subject-
matter contained in your letter. I respectfully refjr you to the Honourable AVilliara
Windorv Secretary of the Treasury, lo whoni your 1 jtter has been referred.
I{espei,i:::'.];^ yours,
(Signed) CHARLES J. GOFF,
Treasury Agent in charge of the Seal Fisheries.
Hon. George R. Tingle,
General Monager, North American Commercial Company.
■t' I
ft;f
f: I'
i
m
vJI
ii:l
if I -M
f
(2.) — Table shoving Number of Fur-Seals killed for skins on the Island of St. George
by the Alaska Commercial Company, and also for natives' food, from 1870 to 1889
incluslTe ; the Amount of Earnings received by the natives of this Island for taking
and curing these skins ; also Amount earned by St. George men on St. Paul Island
and the distribution of said earnings ; the Total .Number of Fur-Seal Skins shipped
from St. George Island by the Alaska Commercial Company from 1870 to 1889
inclusive. '
!;i
Total
Paid to Natives
Total
Year.
Fur-sea) Skfais
for taking and
Fur-seals
ToUl
■hipped.
curing Skins.
kiUed.
rejected «t«gy.
Dol. c.
1870* ..
• • ■
• •
,,
, ,
IB7lt ..
19,077
7,630 80
19,077
*87> ..
• • •
25,000
10,000 00
25,000
1873
• • *
25,000
10,000 00
25,067
"c?
1874: ••
• • •
10,000
4,000 UO
10,000
187SI ..
• • •
10,000
4,000 00
10,034
34
1878
• • •
10,000
4,000 00
10,279
279
1877
• • ■
15,000
0,000 00
15,143
143
1878 . ..
• • •
18,000
,,200 00
18,360
360
1879
• •
20,000
8,000 00
20,316
316
1880 ..
• • •
20,000
8,000 00
20,358
275
188t
• • •
20,000
8,000 00
20,233
126
1882
• •
20,000
8,000 00
20,316
291
1883
15,000
6,000 00
15,076
1884
15,000
6,000 00
15,000
^^
1885 ..
15,000
6,000 00
15,145
120
1886 ..
, ^
15,000
6,000 00
15,083
29
1887
,,
15,000
6,000 00
15,166
76
1888
• •
. .
15,000
6,000 00
15,179
113
1889 ..
otal ..
.
..
15,000
0,000 00
15,082
40
T
317,077
126,830 80
319,914
2,269
Distribution of Nati
res' Earnings for taking and curing Fur.teal Skini.
Tern.
St. George
EarningH
transferred
from
St. Paul.
Received
by
St. George
Received
by
St. George
Received
by
St. George
Received
by
St. George
Aged
and Sick.
Received
by
St. George
Chief
Received
OonaJaska
Received
by
St, Paul
Church.
Priest.
Widows.
as Salary.
Priest.
Priat,
Dole C.
Dol. c.
Ool. c.
Dol. c.
Dol. c.
Dol. c.
Dol. c.
Dol. c
1870*..
■ •
,.
..
.
187It..
,.
..
ISO 00
..
.
,,
1872 ..
,,
■ •
20 00
..
,
,,
1873 ..
• •
..
..
a
,,
I874t.
6,000 00
.,
..
,
, ,
187Sf..
5,600 00
840 00
..
.
300 00
340 00
1876 ..
,.
160 00
,
160 00
160 00
1877 ..
• •
250 00
,.
.,
250 00
250 00
1878 ..
• •
300 00
..
.
300 50
1879 ..
• •
380 00
..
a.
375 OO
1880 ..
• •
1,000 00
..
a.
1881 ..
• •
172 00
• •
,
^^
1882 ..
,,
100 00
700 00
.,
..
,,
1883..
,,
• •
375 00
,,
90 00
,^
1884 ..
2,844 85
,,
600 00
,,
100 00
• •
1885 ..
3,036 OS
• •
800 00
,,
100 00
,,
1886 ..
3,000 00
.,
800 00
100 00
80 00
,,
1887 ..
2,500 00
.,
800 00
50 00
.,
100 00
^,
1888 ..
1.500 00
• •
800 OU
..
100 00
,,
1889 ..
i.sno 00
• •
800 00
250 CO
]
••
100 00
..
ToUl ..
25.780 40
2,702 00
5,676 00
450 00
00 00
670 00
710 00
1,425 50
* No record of seals killed en St. Georgo Island in 1870.
t 19 dol. 25 c. unaccounted for,
X 15,000 fur-seal skins shipped from St, Paul to St. George and credited to St. George.
§ 14,000 fur-seal skins shipped from St. Paul to St, Cioorge and credited to St. George.
a
34
79
279
43
143
60
360
16
316
58
275
33
126
16
291
76
,,
00
,,
45
120
83
29
66
76
79
113
)82
40
914
2.269
eceifed
RectWcd
by
by
>nalaaka
St. Paul
■ricat.
Priat.
46
RioxrirnLATi
FuMOJi killed (or iklni on St. 6«orge Island by the AlMki CommoreUl Comptnjr, lad
for lutWet' food, from 1870 to I8U9, inelniWe .. .,
Fur-ml ikini abipped bj the Alukm Cominorcial Company from St. George IiUind from
1870 to 1889 ..
Far-ieal akin* rejected and atagy . . . , . . . , , . . ,
Ueitrnction to aeal life in aecuring catch ou St. Qeorge from )i 870 to 1889 .. ..
Ewninga receired by natire* for labour on—
St. George Idand from 1870 to 1889
St. PtulUaad „ „
Donationa ■• •• •• •■ ■• •• •# •• •.
Unacooanted for .. .. ,. ,. .. ,. ,, .,
Expended by natives from 1870 to 1889 .. .. .. .. .. ..
Baknoe to nativea' aceonnt on May 24, 1890, and uruedoTerbjAlaaka Commercial Com-
pany to North American Commerciul Company , ■ , , , . . ,
S19.«l«
<1 7,077
3,269
(68
319,914
DoL c
126,830 80
29,780 40
lft2,611 20
11,732 50
19 2S
134,073 03
6,786 42
132,611 29
;-i
JVo/r.— Total number of fur-seal pupa killed fur natif ea' food on St. George Island from 1870 to 1889, iadusiTe, 29,0fl0<
GoK80iiii)AT£D Report showing the Total Number of Fur-Seals killed for skins on the
Islands of St. Paul and St. George by the Alaska Commercial Company from 1870
to 1889, inclusive; also the Number of large young Seals and Pups killod for
natives' food on the I'jlands of St. Paul and St. George from 1870 to 1889, inclusive ;
the Total Number of Fur-Seal Skina shipped from St. Paul and St. George Islands
by the Alaska Commercial Company from 1870 to 1889, inclusive ; the Amount of
Earnings received by the natives of St. Paul and St. George for taking and curing
skins, and the distribution of said earnings.
Fur-seals killed for skins on the Islanil.4 of St, Paul and St, George by the Alaska Com.
mercial Company, and also for nati\ea' food, from 1870 to 1889, incluslTe .. ..
Fur-seal skins shipped from St. Paul ani St. George by the Alaska Commercial Company
from 1870 to 1889, inelosiTe .. .. ..
Fur-seal skins rejected aa stagy at St. Paul and St. George from 1870 to 1889 inclusive .,
Fur-sols destroyed on St Paul and St. George in securing the catch from 1870 to 1889,
inclusive .. .. .. .. .. .. .. ..
Earnings reoeived by natives of St. Paul and St. George frou 1870 to 1889, inoloiive
Donations by natives of St. Paul and St. George from 1870 to 1889, inclusive . .
Paid to Chiefs on St. Paul laland (St. Ui'orge's ia iacludud in donations) . . . .
Paid to St. George men for work done oa St. Paul Island . . . . ■ . . .
Paid to Kodaik men for work done on St. Paul Island , . . . . . . .
Unaccounted for ., .. .. .. .. .. .. ..
Paid to school teacher .. .. .. .. .. .. ..
Expended by the natives of St. Paul an.l St. George from 1870 to 1889, inclusive , .
Balance due to natives May 24, 1890, now held by the North American Commercial Com-
pany .. .. .. -. .. .. .. -. -.
Balance held by Alaika Commercial Company for Mrs. Melevidoff . . . . . .
Fur-seal pups (five months old) killed fur natives' food ou-
st. Paul and St. George Islands frum 1870 to 1889, Inclusive
St. Paul Island from 1870 to 1889. inclusive . .
St. George Island from 1870 to liibS, iaclus've
1,877.030
1,840,364
20,39S
16,273
1.877.030
Dol. e.
755,672 87
50,608 II
3,050 00
25,780 40
680 00
19 25
50 00
643,963 10
28,117 OS
3,404 99
755,672 87
92,864
63.804
29,060
92,864
li
Ij
ll'l
'i
;
r ■ i:
i !'
U\
ift
M
r,'..
:1
< , ,,,,
i^
i'l
■ ill
; r.
'I
'V '.
ti:r;
m
I
i
■■■■,-■
IS
w
m
Table showing the Number of Fur-Seals killed for skins on the Island of St. Paul by
the iMaska Con mercial Company, and also for natives' food, from 1870 to 1889
inclusi;'ej the Amount of Earnings received by the natives of this Island for takintf
and curing these skins, and the distribution of said earnings ; the Total Kutnber ot'
Fur-Seal Skins shipped from St. Paul Island by the Alaska Commercial Company
from 1870 to 1889, inclusive.
m
Total
Paid to Natives
Paid to Natives
Total
Yean.
Fur-seal Skins
for taking and
for
Fur-seals
Rejected
shipped.
curing Skins.
goneral Labour.
kiUed.
»t«gy Skins.
Dol. c.
Dol. c.
1870 ..
,,
6,017
2,406 80
,.
0,017
1871 ..
,,
70,134
30,853 00
580 40.
77,925
431
1872 ..
,,
74,941
30,416 00
221 97
76,698
I,53G
1873 ..
^ ^
74,485
29,597 80
76 80
76,488
7J5
1874 ..
,,
89,924
29,849 60
217 53
97,932
596
1875 ..
.,
89,687
30,098 00
276 03
91,215
451
1876 ..
,,
80,000
31,848 20
113 40
79,199
1,979
1877 ..
,,
60,199
23,981 60
146 40
62,813
1,088
1878 ..
,,
82,000
32,054 00
2,218 38*
83,034
981
1879 ..
,a
80,000
31,908 60
1,910 86t
86,592
1,977
1880 ..
,,
80,000
31,889 00
215 40
80,276
27.'>
1881} ..
,,
79,905
31,825 60
54 00
81,501
1,341
1882 ..
,,
80,000
31,750 80
250 50
81,420
1,414
1883 ..
• •
60,000
23,896 80
97 00
61,987
1,775
1884 ..
,,
85,000
33,785 60
240 00
86,013
941
1885 ..
• •
84,995
33,933 00
12 00
86,364
1,162
1886 ..
,,
85,000
33,941 80
134 00
85,689
G35
1887 ..
• •
85,000
33,839 80
203 40
85,029
590
1888 ..
• •
85,000
33,834 60
15 60
85,271
19C
1889 ..
Potal ..
• • ••
t«
85,000
33,744 80
15 00
86,053
1
1,523,287
696,056 00
7,005 67
1,557,116
18,124
Distribution of Natives' Earnings for taking and curing Fur-seal Skim.
Yeari.
Received
Received
Received
Received
St. Paul
Aged and
Sick.
Received
by St. Paul
Received
Received
Received
Received by
St. Gcor;c
by
by
by
Church for
by
by
by
Men for
St. Paul
St. Paul
St. Paul
translation
Chiefs
Oonalaska
Oonalaska
Work Jone
Church.
Priest.
Widows.
of Church
as Salary.
Church.
Priest.
on
Service.
St. I'aul.
Dol. c.
Dol. c.
Dol. c.
Dol. c.
Dol. c.
Dol. c
Dol. c.
Dot. c.
Dol. c.
1870
150 00
»,
77 20
,,
,,
109 30
1871
910 16
,,
614 82
,.
• •
• •
455 08§
^^
1872
902 45
451 22
,,
,.
,,
,,
,,
1873
870 62
435 11
,,
,,
• •
,,
^,
1874
859 06
429 53
,,
..
,.
G.OOO 00 ;|
1875
432 07
432 07
,,
,,
432 07
,,
5,600 00?
1876
757 12
,,
• •
,.
378 40
756 80
J,
1877
621 SO
621 48
,,
,,
310 74
,,
,,
1878
855 78
855 78
500 00
,,
300 00
,,
855 78
,,
1879
822 24
821 50
200 00
,.
450 00
450 00
,.
,,
1880
813 10
813 10
150 05
200 00
1,219 65
450 W
,,
..
,,
188U
857 66
857 66
,.
,.
428 8:
225 00
• •
.*
,,
1882
,,
1,000 00
2,650 00
,.
,,
,,
.,
,,
1883
,,
750 00
50 00
,.
225 00
,,
..
,,
1884
,.
1,000 00
300 00
.,
300 00
,,
• *
2,844 35
1885
,,
1,000 00
,,
1,000 00
300 00
,,
1*
3,030 0,'i
1886
.,
1,000 00
200 CO
600 00
200 O''
..
3,noo 00
1887
• .
1,000 00
1,500 00
.*
200 0.
,,
..
2,500 00
1888
,,
1,000 00
150 00
.,
200 00
.,
,,
1,500 no
1889
••
1,000 00
2,500 00
••
200 00
••
••
1,300 00
Total
8,851 7G§
13,167 45§
8,892 07
5 1,800 00§
1,648 48§
3,050 00
1,571 21§
2,176 90§
25,(80 40
• 1,022
dol. 92 c. aw
ved by natives for making oil, under head of general labour.
t 1,660
dol. 06 c.
,» ,, „ „
t 50 do
Uars received b
f school teacher.
{ 455 d
ol. 08 c. rcceiv
id by Dr. Kramer : first-class share.
II 15,00
skins creditec
to St. George men for labour; C80 dollars received by men from Kodiak for labour.
1 14,00
skins credite
i to St. George men for bibour j 12 dol. 60 c. donated to Antone Melevidoff.
-
s
Rejoctcd
stagy Skins.
17
a
431
m
1.53G
tJH
7S6
62
596
U
451
99
1,979
13
1,088
34
981
92
1,977
76
275
01
1,341
20
1,4U
87
1,775
13
941
G4
1,1&2
89
G35
29
590
71
190
53
••
16
18,124
Received by
ceWed
St. Gt'Or^e
by
Men for
nalaska
Worli done
fries*.
on
St. I'aul.
Qol. c.
Doi. c.
109 30
,,
155 08§
..
47
KlCAriTOLATION.
Fur.wiiU killxl for iliiiii on the Ulaiul of St. Paul by the AlHkt Coinmorciiil Company,
and alio fur natives' food, <rani 1870 to 1889, incluiive.. ,. .. .,
Pur-inU killed for >kini sliipped from SI. Paul by tlie Alaska Commercial Company from
1870tol889 ..
Par.aral akina front Sr. I'aul rejected, alagy ,, .. .. ., ..
Dcttruction to >eal life on St. I'aul liland in u-cnriiig ratch from 1870 to 1889, ini'luiive. .
Fur-aeaU, of all claiH't, kllli'd for nativi^a' food on St. Paul Island from 1870 to 1889,
incluiive .. .. .. .. .. >. •• ■.
Pur-icaU (large young nealii) kille.l fur nativea' food, of which the Alaska Commercial
Company accepted and shipped 62,873 skins . . .. .. •. ••
Pur-sral paps (five months old) killol for nntires' food from 1870 to 1889 >• ••
Earnings received by natives of St. I'aul Island fioni 1870 ti 1889, inclusive ..
Donations received by natives of St. Paul Island . . . , . .
PaidtoChiefs
Paid to St. George men for labour on St. Paul . . . . . . , .
Paid to Kodiak men , , . , . . . . . . • • , •
Paid to Bi-hool teachrr . . . . . . . . . ■
With Alaska Commercial Company for Mrs. Melcvidoff .. >.
Kipended by natives from 1870 to 1889. .
Balance due to natives May 24, 1890, with North American Commercial Company
; ,,:• - .♦ Total
1,557,116
1,523,287
18,124
15,705
1,557,116
144,801
80,997
63,804
144,901
Dol. c.
603,061 67
38,875 61
.1,050 OU
25,780 40
680 00
50 00
3,404 99
509,890 07
21,330 60
603,061 67
., 2. Report of 8. R. Nettleton. ' ' ;-. '
Dear Sir, St. Paul Island, Alaska, July 81, 181*0.
I have the honour herewith to submit my annual Beport of the condition of affair.'^"
oil this island during the time in which I had charge, to wit, from the 28rd September,
1889, the date of jour departure, until June of this year, and also to comment briefly
gpon the condition of the seal rookeries and bauling-grounds of this island during the
season which closed on the 20th instant.
I have found the natives of this island ."n exceedingly easy people to govern and
control. The Government Agent in charge, being the sole representative and executive
of the law, is, as you are aware, necessarily brought into very close and intimate relation!^
ivilh these people, having to do with the minutest details of their everyday life.
My comparatively brief experience in governing them convinces me that a policy of
kindness with firmness, and an appeal to their manhood and womanhood, hold the best
promise of good results, having in view tlieir happiness and their advancement to a higher
and a better civilization.
I believe that it Mould bt, difficult to find anywhere within the jurisdiction of our
Government any people so easy to control, considering that they are kept in enforced
idleness ten months of each year.
I regard their readiness to comply with any and all Rules and Regulations of this
Office for their government as testifying to their manhood and good citizenship.
In this connection, it affords me great pleasure to report that during the time that
I have had immediate charge there have been but three instances of violation of any
Rule or Regulation. These were mild cases of partial intoxication during their holiday
festivities.
There has been no drunkenness or brawling in the village streets or in the homes of
(lie people, not a single breach of the peace.
It is a source of gratification to be able to state that tlie journals of this Office show
Ihat in this regard the winter just closed presents an exception to those of any of the
preceding twenty years.
The fact is patent that but little advancement has been made by the natives of this
inland towards an intelligent American citizenship during the twenty years that they have
been nominally citizens of the Republic ; that not to exceed 10 per cent, of them, who
(lining the time mentioned, have attended English schools, speak the English language.
Tills may be explained by the well-known objection of the parents to their children
learning to speak English, and to the further fact that the services of their Church, the
Greek Catholic, are conducted wlioUv in the Russian and Aleutian language.
[295] H
if
' r.'mj
H> ■■'■
S':4k;'tH^:^:.
^mmmmm
mmmm
• 4«
The small adrancement made by the pupils in the schools is attributable aUo in
large measure to the fact, that the schools have been conducted by persons not trnined
to the profession of teaching.
It is, in my opinion, to be regretted that the Department, in granting the new lease
of the Seal Islands, did not reserve to itself the employment of the school teachers, who
should liold certificates showing their qualification to teach, at least, the primary branches
in our common schools.
In relation to the condition of the seal rookeries and bauling-grounds of thi» island
I do nnt feel called upon to go into details in view of the full and exhaustive manner in
which the subject is treated in your Report of this year, and also in view of the
forthcoming Report of Professor H. W. Elliott, who was sent by the Dcpnrlnienl
especially to examine and report upon the condition of seal life on this and the Island of
St. George.
But I desire to add my testimony to that of my associate as to the deplorable condi.
tion of the seal grounds upon this island. The large grass-grown aioas of these grounds
until a comparatively recent period occupied en masse by seals, to be numbered hy the
millions, and now wholly deserted, the driving and redriving from all of the hauling.
grounds on this island by the lessees during the present season in their efforts to obtain
their quota, and the meagre results attained, tell, in stronger language than 1 can
command, the sad story of the very near approach to the entire destruction of seal life
upon this island.
It is hardly worth while for me to attempt to theorize as to the probable cause of
the condition of affairs. I deem it sufficient for me, at this time, to corroborate and, if
possible, to emphasize what you say in your own Report, as to the past, present, and the
threatened future condition of seal life upon these islands.
The present depleted condition of the seal rookeries on tliis island urgently calls
for prom])t action by the Government to save this important industry from immediate
4ind complete destruction.
I heartily concur with your views expressed in your Annual Report of 1889 in regard
to the killing of pup seals for natives' food. The skins of these pup seals belong to the
natives, to be disposed of by them as they choose, the only restriction imposed being
that they shall not be exchanged for contraband goods. I desire, through you, to call
the attention of the Department to the fact that these pup sealskins, being largely
held by the natives for the purpose of barter for spirituous liquors with the seamen
of any craft that may anchor in these waters, are a source of evil, and only evil, to
the natives. In view of this fact, and also in view of the further fact that the seal
life on this island is rapidly approaching extinction, I respectfully suggest that the
best interests of the natives and the best interests of the Government will be the
most effectually served by prohibiting the killing in the future of any pup seals for
native food.
Some more economical substitute can, in my judgment, be readily supplied.
I am, &c.
(Signed) S. R. NETTLETON,
Charles J. Goff; Esq., Assistant Treasury Agent.
United States' Treasury Agent in charge of Seal Island.
3. Report of A. W. Lavender,
Office of Special Agent, Treasury Department,
Sir, ».'.'•/• St. George Island, August 25, IS90.
I have the honour to report to you that on the 14 th August, and while the United
States' revenue-steamer " Rush " was lying at anchor off our village, a schooner came in
sight close in to the east end of the island. This was at 5'30 p.m. The " Rush " at once
got un'ler way and steamed towards him, and followed him in to the anchorage in front
01 th'j village, where she lay all night between the cutter and the shore. She proved to
be the American schooner " Nettie Martin," Captain Ohlmitz, belonging to Kodiak. She
is about 16 tons measurement, and has a crew of four white men and four Kodiak natives.
She had on board ten sacks of salt and four shot-guns, also two sea-otter boats. The
captain said that he was from Eusoqnim, bound to Oonalaska. His papers show that
he had cleared from Kodiak on the 20th June, bound on a trading and coasting
voyage alon^ the coast of Alaska, and for a further excuse he said that he was short
..J!AJiit&;i,Jki^:^-hi*m-^^isii.
4\)
of provisions, and the wiAd liad been blowing so long from the south that he must bo
supplied.
I did not take any stock in what he said, and would not allow idm to come on shore,
And told him that the cutter cuuld supply him with all the provisions he required.
I believed him to be a seal poacher, but there was nothing on board tiiat wc could attach.
^Ve were obliged to let him go, for which 1 have been mad at myself ever since, and as I
hiid men watching the East Uookery, the only place where he could land upon the island,
I hnd no fear of his ever going on shore ; but early on the morning o^' the 15th I sent
extra men around the island from Garden Cove to the eastward, and under the high
blufl'ii at the east end of the island, about 2 miles from East Rookery, they found four
dead cows and four dead pups, also three clubs, one of which was broken. These were
made of drift wood, and two of them had a little flesh upon them. At this time of the
year the cows and pups nrc scattered along the rocks on most all parts of the sea-shore
of the island, and by chance tlie boat's crew that landed came upon a few of these, w hich
they killed, and the schooners, while beating to windward to get into on anchorage
under the high cliffs, came in sight from the cutter, and it is my opinion that
the men on shore got into their boat as soon as they could and went on board the
schooner.
Tiiey did not take any seal with them, and had to get out of the scrape the beat
they could, which they did to perfection. Had the schooner not been away at the time
the natives brought the clubs into the village, I would have had them caught, but the
schooner and cutter both being gone, I could do nothing but kick. If I again come
across Captain Olilmitz this far, I will endeavour to make it uncomfortably warm for him.
If he had landed upon East Rookery he would have done some damage. It was blowing
very hard at the time, and I have no doubt but he intended to anchor close under the
cliffs, and go upon the rookery at night and get all the seals he could.
Since that time I have established a watch-house at Garden Cove, and keep two
men there all tlie time. No vessels can come near the island on cither side without
being seen. There never was a watchman at Garden Cove before.
The seal are very scarce on this island, and in order to get enough for food for the
natives I am obliged to kill seal whose skins will not weigh over 4|^ to 6^ lbs., and these
the Company will not accept, a^id I am salting them for Government account, and shall
probably have some 600 or 700. They are all good skins. Please obtain an order from
the Secretary to ship them on one of the first Government vessels going to San Francisco
the next season. I also request that you obtain permission to purchase a new carpet for
the Government House on this island, as the carpet we now have on the floor is nearly worn
out. Also please obtain from the Department for this island the following seeds : 4 lbs.
good turnip seed, 4 lbs. good lettuce seed, and 4 lbs. good radish seed. I have never
seen vegetables grow better in my lif«3 than they do here, and it would surprise you to see
now what a fine bed of lettuce and radishes we have here now. In obtaining the seed,
please get seed that has been grown as far north as possible. The natives of the island
are a much superior race of people to what I expected to find, and I do not anticipate
any trouble here this winter.
Charles J. GoflP, Esq.,
I am,
(Signed)
&c.
Treasury Agent, Clarksburgh, Washington, Virginia.
W. LAVENDER,
Assistant Treasury Agent.
4-i.lr.-L
■^1
1!
M5,
r I
•\"\
'.t i \
1:1
I.
III
I
%
y. ••;
^-H
A ■'
•::,f.J _
,•'•■' -." .L ''ji'i.;:,J
,4Kiiijjii ■* ,<;*!,.
■i}
iUtl/yd-.!
[295]
H 2
I
50 •
4. Report of A, W. Lavender. .
Office of Special Agent, Treasury Department
Sir, St. George Inland, October 24, 1890. *
I liave the honour to report to you that United States' revenue-steamer " Bear "
returned to tiiis island on the '2'2\u\ instant from Oonalaska unexpected to us here.
Captain Healy told mo that orders had been sent from the Department to watch the
ronkcrios very close, as there hnd been two schooners cleared from Victoria for Helirinif's
Sen, and that they were i^oing to raid these islands. I have not seen a schoonor around
here since I Inst wrote you, nor do I think that there is a single schoo.-.er taking seals in
Behring's Sea at this writing, and unless they come within the next two weeks there jvilj
not he any seal upon the rookeries for them to kill. I have again to request you to do
your best to obtain arms and ammunition for these islands, and hope that you will be
able to secure them, for without them the rookeries cannot be protected in a proper
manner. The old riHea that answered for the protection of the rookeries belong to the
natives, and are of but little use. In addition to the five rifles owned by the natives, the
Company has found small Colt's rifles and one large Sharp's, with very little ammunition
for any of th'.m.
We have hnd three deaths here this last week, all three females. At this writing
every adult i alive on this island is cither sick in bed or convalescent. Both church and
school have been closed for the last two weeks, and I have been obliged to have boys
only on gujird at the rookeries. I think that the worst is now over, and do not apprehend
that we shall have more deaths. There has not been any sickness among the white men
up to this date, and everything upon the island is going along smoothly. On account of
80 much sickness, I have been obliged to issue coal to the natives sooner than I should
have done under more favourable conditions, for these people must be provided with
more fuel now that the catch of seal is so small they cannot secure near blubber enough,
with what little drift wood they can collect, to last them through the winter, and to
purchase coal from the Company at 30 dollars per ton of 2,000 lbs. is more than they can
stand out of their earnings for killing seal. Their houses are small, with only two rooniB
each, and with a large family to be all sick at one time is almost certain death with
nothing more to keep them wenn than the few pounds of coal furnished them by Govern-
ment, and the little wnter-soaked drift wood that they have been able to pick up around the
island and bring home on their backs, for they have no other means of transportation ;
the fact is that the only places that drift wood can land upon this island is at the breeding
rookeries, where they are not allowed to go during the season when the seals are there,
and it is my opinion that these islands will soon be depopulated unless the Government
comes to their rescue, for the few seal they will be able to kill here the next few yean
will not keep them from suffering.
Of Captain Healy, of the "Bear," and Captain Calson, of the "Rush," I cannot
speak but in the highest terms. These gentlemen have been very courteous and
obliging to the Government officers in charge of these islands, and have also extended
all possible favours to the Company ageats when it was not interfering with tiieir
instructions.
The weather here the past month has been very bad, and we have had three verj
heavy gales of wind, so that I cannot think it possible that a schooner should stop in
Behring's Sea at this season of the year.
But I do think that they will follow the seal into this sea very early in the spring.
As the seal begins to come upon the rookeries the last of April, I think the schooner will
follow them very close. I would suggest that you place this letter before the Secretary,
as well as my letters to you under the following dates, 14th August, 10th September, and
1st October, that he may know the true state of affairs upon this island.
Very respectfully, &c.
(Signed) ALBERT W. LAVENDER,
Charles J. Goff, A/Distant Treasury Agent,
Treasury Agent, Clarksburgb, Washington, Virginia.
■■iOD
^^^r^mtifrp*?My*7S'w?^
>
51
5. Rrport of A. IV. Lavender. » '
; . Office of Special Agent, Treasury Department, ,,'
Sir, St. George Island, October 30, 1890.
1 have the honour to report to you timt tlie United States' revenue-cutter " Benr "
is still in these waters, and at this writinj? is lying at anchor at Zapadino.
We have not seen but one schooner since the 18th ultimo, and that was tlic whaling-
schooner "Alton," which anchored at Garden Cove to secure brine boats previous to
leaving these waters for San Francisco. The only tmeiny the seal and seal-pups have
uoiind these islands now is the kitten wiinlos, which are in large schools destroying pups
in largo numbers.
We have had very severe weather hern most all the year, and I cannot think it
poisiblo that there is a scaling-schooncr on Behring's Sea at this time.
The natives are most nil on the improve, and we have only had one death since I
last wrote you, and that was a young girl of 11 years old, and she died with scrofula and
»enernl debility.
The natives on these islands must have more furs, or they will suffer next season
much more than they will this, as most of them have a little money to purchase wood,
three sticks for 60 cents. They should have at least 70 tons of coal for this island
jlonc; drift wood is very scarce, and they have no blubber this season.
The Secretary, in his instructions, should say how many rations arc to be furnished
to the widows and orphans on this island for every week in the year, and this also should
be left in the hands of the officers in charge.
The seal are nearly all gone from the rookeries now, and it is almost impossible to
jet enough for native food.
I shall have about 600 rejected skins here in the spring, for which please get orders
to ship on one of the first ships that goes down.
The Company will not take skins less than G^ lbs., which is the cause of my having
w many rejected. In order to get enough for food, I have been obliged to kill small
<cal.
[ hope that you will be able to secure arms and ammunition for these islands, as
they are needed here very badly, I will assure you.
If it is possible to change the school system here, it shoidd be done, as the schools
here now are only a farce, and I think if they were put under the charge of the
Rev. Sheldon Jackson that it would be a big improvement ; in fact, there could be no
change that would not be for the better.
It locks strange to me that after twenty years' teaching that there is not a single
one of the scholars on this island that can speak English, and most of them have no
knowledge of the world outside of these islands. Hoping to see you up here early the
(Signed)
Charles J. GofF, Esq.,
Treasury Agent, Clarksburgh, Wasliington.
ALBERT W. LAVENDER,
Assistant Treasury Agent.
6. Report of A. W. Lavenac^;
My dear Sir, Oonalaska, March 19, ISflO .
I am in receipt of yours of this date, asking me to visit the condemned schoon®'"
now lying near the head of this harbour, and to make you a Report as t: the valuatio'^
of each one when new, also the present condition and valuation of each ■■%- .s they now
remain ; and, in reply to same, I will say that upon receipt of yours of cv (,u date I went
at once on board the steam-schooner " Thornton," of Victoria, British Columbia, and
found her to be a small steam-schooner of about 45 tons measurement, built of soft wOod,
raostly Oregon pine, her engines about eight-horse power, her bottom yellow metalled ;
>ll her running gear was down in her hold among iron rust and dirty water, and of no
value whatever. I did not find any sails on board, her anchors and chains are both
attached to her, but are very light and rusty, most of her small spars are gone. I should
think, when new, that 7,000 dollars would be a fair price for her, including her engines
I and all other accoutrements, ready for sea. Her present value is nothing more than her
1 rigging and metal would sell for, less freight and expenses, and 200 dollars would be
I a good price for her.
From the "Thornton " I went on board the schooner " Carolina," of Victoria, British
m
V
'i . i
:i
1^^
£-..ii
,1 I'
fi
HH
,
6*
Coltiinhiii, luul found her to bu ii sinnll keel vcsacl uf about 32 tons, Tlic ruiiniii;^ rrQ^^
wnn all (l()«n in the liold anion;:; iron rust and scft water, and is of no eartiily U'^e ■
licr main boom and galf and boom to the jib were all the Hniail npars I could lind'
belongin^j to her, «)niy one small anelior and ehain wan on board, which is covered witli
rust, and is very small and oi' little value ; her standinft* ri^^ging is of wire, and, | slimilil
say, that when new and ready lor sea that her cost would not exceed 2,500 doilnis at |||,.
outside. I did not see any of her sails on board. Tlie present valuation is notiiino i,|„,.^,
than she would sell for as Hrewood, and 25 dollars is more than I would bo willin^r („
pay, ami more, in my opinion, than the Oovernment will ever receive for her. Hlu- i,
built of soft wood, mostly Ore^jon pine.
From the " Carolina " I went on board tlic"An}j;el Dolly," of 8an Francisco, niKJ
found her to be a smnll centre-board schoojicr of about 40 tons measurement. The niaiii
masthead was broken oil', the standing rigginf;; is of wire. The running ••■ear was down
in the hold, and in the .same condition as tiuit on the " Carolina " and " 'riioriitini ; " all
her small spars arc on board, both anchors and chains are attached. Tliere were homo of
her sails on board. She probably cost «hen new 3,000 dollars all ready for sea; lar
present value is very little, and 100 dollars woulil he a good price for licr a^ she now lies.
She is also built of soft wood. The water ri-^es and falls in her and in all the others a-.
the tide ebbs and Hows. I understand that her .sails are in the (Jovernment warehouse
here, also three of her boats.
From the "Angel Dolly'' I visited the schooner " Onward," of Victoria, IhJtisli
Columbia, and found her to be a small two-masted schooner of about S;"* tons, with iieini)
rope standing rigging ; her small spars are on board, both anchors attached and in t'nir
con(liti(m ; her running gear was down in the hold, and ivorthless as the rigging of the
other three schooners ; there were none of her sails to be found on board. 1 should snv
that this schooner was built in Nova Scotia ; she is made mostly of soft wood, principaHy
pine, and wiien new was a lino little vessel, and i)robably cost ready for sea ahoiit
4,500 to 5,000 dollars. At the i>rcsent time she is almost worthless, and I do not tliink
that she would sell for more tlian 200 dollars, although she could be made, with iibout
1,0C0 dollars paid out in repairs, a vessel that would sell for about 2,500 dollars, providoil
her sails are in good condition. I also found nine canoes on the shore near the sclioonei
which b(!longs to some of them, but, like the vessels, have gone to ruin llnongh waiitol'
care. Should you require a more detailed Report thiin this please let mo )w, and on
my return to Oonalaskii 1 will be pleased to make it for you; and in 'nntiiiic I
remain, &c.
(Signed) ALBERT W. LAVENDER,
Charles J. Coil', Es(|., Assistant Treasury AijenI,
Chief Treasury Agent, Seal Islands.
No. 2.
air J, Pauncefote to flip Marquis of Salisburi/. — {Received May 21.)
'I.
My Lord, ' Washington, May 11, 18!)].
WITH reference to my telegram of yesterday, I have the honour to inclose au
extract from the Cleveland " News and Herald " of the 4th instant, purporting to give
the foil tcit of Professor Elliott's Report to the fSecretaiy of the Treasury, dated the
17th November last, on the condition of se il life at the Pribylotf Islands during the
summer of 1890.
Your Lordship will remember that Professor Elliott was appointed Special Commis-
sioner for the purposes of the above inquiry by Act of Congress, and that, as stated in
my despatch of the 20th February last, his Report was not included among those of the
other Government Agents which were transmitted to the Senate by the Secretary of
the Treasury on the 9th February. It has not been yet officially published.
I am informed that the document published in the inclosed extract from the
Cleveland "News and Herald" is incorrectly styled Professor Elliott's Report, and that it
is only the introduction to his Report in the form of a letter to the Secretary of the
Treasury.
The Report itself is a much more voluminous document, but the introduction givea
its substance and its recommendations. i. ..limh
I have, SiC.
", . ' •.. -^v. (Signed) JULIAN PAU^fCBFOTE.
lUNCBFOTE.
w
" Inclusuro iu No. 2. '• ' '•
Extract from the " Cleveland Leader and Morning Herald" of May 4, 1891.
Special Despatch to the " Lender."
Washinifton, May 2, 1891.
THK nogotiatioriH botwocn Henretury DIninc and the British Minister for the fiettle-
iiicnt of tlic ik'Iiring's Sea troubles arc likely to be resumed as soon as the " Sayward"
case, taken into the United States' Supreme Court from the District Court of Alaska, i?
ilispoiiod of. Mr. Blaine is now in possession of exact and reliable information as to the
ooiulition of tlio scaling industry not at his disposal before, and which cannot fail
to impicss the British Minister, Lord Salisbury, and everybody else, with the necessity
of nn immediate «!nforcemcnt of the policy adopted by our Government in seeking to
prevent the killing of seal in the open waters of Behring's Sea. The information
ri't'crrod to shows a good deal more than that. Ft shows, what was perhaps imexpected,
that the threatened extermination of the seal is duo in large part to tlie legalized
driving and killing on land by the lessees of the sealing grounds, v.hich must also
lie suspended if seal life is to be preserved. With these facts established by evidence-
that no one can dispute, there ought to be no great dirticulty in effecting an agreement
between the United States and Great Britain for the immediate prohibition of any scal-
killin;;' l»y anybody the coming season, and a subsequent arrangement that will avoid any
further conflict over this question.
Wiicn the "Sayward" case was appealed to the United States' Supreme Court,
the negotiations were in what appeared to be a confused and unsatisfactory state.
Sir Jnlian Pauncefote had embarrassed Mr. Blaine by quoting President Cleveland's
Special Agent at the scaling grounds, Mr. George R. Tingle, who affirmed before
a Committee of Congress that the seal was increasing in number, and that the rookeries
\terc never in better condition ; and Mr. Blaine was dilating at length upon the
historical rights of the United States in Behring's Si .. But he was quietly doing
a good deal more than that. He was having the actual condition of affairs at
the sealing grounds thoroughly investigated by Professor Henry AV. Elliott, of the
SniitJKsonian Institution, a Special Commissioner appointed in pursuance of the Act
of Con^jress approved on the 6tli April, 1890, who is the best living authority on
koal life ; so that he might be able to demonstrate the falsity, or gross inaccuracy,
nf Mr. Tingle's testimony, which could not be refuted in any other way.
Following is Professor Elliott's Report, submitted to the late Secretary Windoni, in
Xiivcmber last, and which is now made public : —
Hon. William Windom, Secretary of the Treasury.
I Sir, Cleveland, Ohio, November 17, 1890.
On the 7 th April last 1 received from your hands my appointment as the Special
.4gent created in Act of Congress, approved the 5th April, 1890 : this Act orders and .
provides for a thorough examination into the present status of the fur-seal industry of
our (iovcrnment as embodied on the seal islands of Alaska, so as to make known its
relative condition now as compared with its prior form and well-being in 1872, and for
I other kindred lines of inquiry.
I may as well frankly confess at the outset that I was wholly unaware of the extra-
I ordinary state of affairs which stared me in the face at the moment of my first landing,
I last May, on the seal islands of Alaska. I embarked upon this mission with only a faint
I apprehension of viewing anything more than a decided diminution of the Pribyloff
I rookeries, caused by pelogic sealing during the last five or six years.
But from the moment of my landing at St. Paul's Island on the 2 1 st May last until
Ithe close of the breeding season those famous "rookeries" and "hauling grounds" of
I the fur-seal thereon, and of St. George's Island, t,oo, began to declare and have declared
jto my astonished senses the fact, that their utter ruin and extermination is only a
]i|iiestion of a few short years from date unless prompt and thorough measures of relief
jand protection are at once ordered on sea and on land by the Treasury Department, and
|cnf(irccd by it.
Quickly realizing, after my arrival upon these islands, that a remarkable change
Iter the worse had taken place since my finished work of 1874 was given to the public in
Itliat same year and the year also of my last survey of these rookeries, I toolv the field at
m
i
\' 'I
^
:!:
, "i^,f<}^'wi!^m>
BORB
34
w
ll;
*nee, carrying hourly and daily with me a series of note hooks opened under followin<T
heads:— °
1. The "rookeries," their area, position, and condition, in 1872, 1874-90.
2. Tiie "hauling grounds," their appearance in 1872, 1874-00.
3. The method of " driving " and taking fur-seals in 1872, 1 874-90.
4. The selection of skins, grade, and supply, in 1872, 1874-90.
5. Character, condition, and number of natives in 1872, 1874-90.
6. Conduct of native labour and pay in 1872, 1874-90.
To these heads I add the following sections in their order as mentioned, thus
constituting the full body of my Keport, which is preceded by this letter of trans.
missal : —
7. The protection and preservation of these fur-bearing interests of our Governmciil
on the Pribyloff Islands, the immediate action necessary, viewed in the full light of
existing danger.
8. Appendix, in which the author's daily '/ield notes appear, verbatim et literatim, in
order of day and date.
9. Revised general Maps of St. Paul and St. George, showing the area and position
of the hauling grounds of the fur-seal thereon in 1872-74, and again in 1890.
10. A series ot special Maps showing the exact topography, area, and position of
the breeding rookeric " St. Paul and St George islands in 1872-74, and again in 1890,
together witii an illustru.cion of each rookery drawii from life by the author.
Although I y/aa unable to ■'etect any sign of existing danger or injury to tlicsc
interests of our Government on these Islands of Pribyloff in 1872-74, yet the need of
cantion on the part of the Agents of the Government and their close annual scrutiny i^m
pointed out and urged in my publisl'.ed work of 1874* in the following language
(pp. 75-77):—
" Until my arrival on the seal islands, April 1872, no steps had been taken towards
ascertaining the extent or the importance of these interests of the Government by eitiicr
the Treasury Agent in charge or the agent of the Company leasing the islands. This
was a matter of no especial concern to the latter, but was of the first importance to ilie
Government. It had, however, failed to obtain definite knowledge upon the subject on
account of the inaccurate mode ot ascertaining the number of seals which had been
adopted by its agent, tfho relied upon an assumption of the area of the brcedii:?
' rookeries,' but who ne^er took the trouble to ascertain the araa and position of thcst
great seal grounds intrusted to his care.
" After a careful study of the subject during two whole seasons, and a thorougli
review of it during this season of 18'74, in company with my associate. Lieutenant!
Maynard, I nopose to show plainly and in sequence the steps which have led me to a I
solution of ihi. question as to the number of fur-sc Is on the Pribyloff Islands, togetlici
with the determination of means by which the Agent of the Government will be able In
correctly report upon the condition of the seal-life from year to year.
"At the close of my investigation for the season of 1872 the fact became evident]
that the breeding seals obeyed implicitly a fine instinctive luv of distribution, so thai
the breeding ground occupied by them was always coveied by seals in an exact ratio,
greater or less to the area to be held ; that they al\-. ays covered the ground ovenlj, I
never crowding in at one place and scattering out al another ; that the ueals lay Justus I
thickly together where the rookery was a small one of only a few thousand as at ' ^'all
Speel,' near the village, as they did where a million of tbcm came together, as at Nor'lij
east Point.
" This fact being determined, it is at once plain that, just as the breeding grounds nil
the fur-seal on these islands expand or contract in area from their present dimensions, mi |
the seals will have increased or diminished.
"Impressed, therefore, with the necessity and the importance of obtaining the c:>actj
area and position of these breeding grounds, I surveyed them in 1872-73 for that i)uriii)5<;,l
and resurveyed thom this season of 1874. The result has been carefully drawn and plottfJj
out, as presented in the accompanying Maps.
"'I'he time for taking these boundaries of the rookeries is during the week of tlieirj
greatest eA,-an8ion, or when they are as full as tbf y are to be for tlie season, and liefurel
the regular system of compact even organization breaks up, the seals then »cp ^ringoutl
in pods or clusters, straying far back, tiie ?P!re number covering then twice ns niucw
ground in places as they did before, when marshalled on the rookery ground proper ; tlicl
breeding seals remain on the rooLery perfectly quiet, and en masse, for a week or teal
• A lleport upon llie Condition of Affairs in llie Territory of Alaska, by Henry W. Elliott, Special Apit
Treasury Urpnrlnienf. Government Printing Office, 1875. (Pp 277-80 ">
^^f^-A
n et literatim, in
8fi
Jays (luring the period of greatest expansion, whicli is between tlie 10th and 20th July,
(riving ample time for the agent to correctly note the exact boundaries of the area
covered by them. This step on the part of the Government officer puts him in possession
every year of exact data upon which to base a Report as to the condition of the seal-life
as comparetf wifi the yoar or years previous. In this way my record of the precise
area and position of the fur-seal breeding grounds on St. Paul's Island in the season
of 1872, and that of St. George in the season of 1873, correctly serves as a definite
basis for all time to come upon which to f juud authoritative Reports from year to year
js to any change, increase, or diminution of the seal life. It is, therefore, very
important that the Government shoj'd have an Agent in charge of these novel and
valuable interests, who is capable, by virtue of education and energy, to correctly observe
and report the area and position of the rookeries year by year."
Therefore, in the light of the foregoing you will observe that, although I was unable
to detect myself any danger to or diminution of the seal life on the Pribyloff Islands after
three seasons of close study in the field, ending with the season of 1874, yet I was deeply
impressed with the need of an intelligent careful senrcl- every year for the signs of or
real existence of such danger, that I urged the Department to select men who were fit
to make such a search, and who could be tiiisted to do it honestly and thoroughly. I
made this request on the ICth November, 1*^74, as I gave ia my detailed Report above
cited to the Secretary of the Treasury, who ordered it to be published at once, and caused
it to be widely circulated by the Department.
In 1872-74, 1 observed that all the young male seals needed for the annual quota of
15,000, or 90,000 as it was ordered in the latter year, were easily obtained every season,
Isetweeu the 1st June and the 20th July following, from the "hauling ground:;" of
: Tolstoi, Sukannon, and Zoltoi Sands, from these hauling grounds adjacent to the
I rookeries or breeding grounds of Tolstoi, Sukannon, Reef, and Garbotch, all of these
its to supply being not more than 1^ miles distant from the St. Paul village killing
j grouiids, the Zoltoi drive being les^: than 600 feet away.
At North-east Point on this isjjand Webster got all the seals desired towards filling
I the above-cited quota of 90,000 from that sand-reach between the foot of Cross Hill and
! Big Lake sand drives on the north-shore be \oh.
Then, that immense spread of hauling grounds covered by swarms of young male
Is, at Zapodnie, at South-west Point, at English Bay beyond Middle Hill west, at
lavi la, and over all that 8 long miles of beach and upland hauling 'grounds between
I Sukani.on Bay and AVebster's House at Novostoshnoji — all of this extensive sealing area
was not visited by sealing gangs, or spoken of by them as necessary to be driven
I lorn.
Therefore, when attentively studying in 1872-74 the subject of what was the
I effect of killing annually 100,000 young male seals on these islands (90,000 on St. Paul
snd 10,000 on St. George), in view of the foregoing statement of fact, I was unable to
see how any harm was being done to the regular sup])ly of fresh blood for the breeding
Irookorios. since those large reservoirs of surplus male life, above named, held at least
IJiist half of the young male seal-life tlien belonging to the islands: these large sources
lot' supply were never I'riven from — never even visited by the sealers, and out of their
I overwhelming abundance, I thought that surely enough fresh male seal-life did annually
Imature for ser\ ice on the breeding rookeries.
Therefore, wlicn summing up in my published work of 1872-74, I was positive
lin declaring that although I was firndy convinced that no increase to the then existing
Immber of seals on these islands would follow any etfort t' * we might make (giving my
Ireasons in detail for so belio^ ipg), yet T was as firmly satisi.cd that as matters were then
Iconductcil, nothing was being done wb.cli would injure tii > regular annual supply of male
llife necessary for the full demand of the rookeries, i then declared " that provided
Imattersare conducted on the seal island in the future as they are to-day, 100,000 male
|»'als under the age of 5 years and over 1 may be safely taiicn every year from
jtlicPribylofl' Islands without the slightest injury to the regular birth rates, or natural
increase thereon, providi-d also that the fur-seals are not visited by any plague, or pests,
V any abnormal cans for their destruction, which might be beyond the control of
IM." ('< Monograph of the Seal Islands of Alaska," p. 62.)
I repeatedly called attention to this fact in my published Report, that all of the
illablc seals required were easily taken in thirty working days, between the 14th June
id the 20th July in every year, from those points above specified, and that those
iscrvoirs of surplus male life at South-west Point, Zapodnie, English Bay, Polavina,
'onkie Mees, &c., were full and overtlowing, that more than enough was untouched which
ffieed to meet the demands of nature on the breeding grounds. But to make certain
[295] I
if
i-
''iy''\i
56
()iji<^ niy tfafiory WM * good on6, and would ba coiifinned by time, for I qualified my
■totement at that time as a theory only, I madu a careful and elaborate triangulation of
tha area and poaition of tbo breeding grounds in 1873-73 on St. Paul and St. Gooigo
Islands, aided and elaborated by my associate in 1874, Lieutenant Washburn Maynaid
United States' navy ; this I did In order that any inerca.se or diminution following our
work could be authoritatively stated — tliat a foundation of fact and not assumption
^ould exist for such a comparison of the past order with that of the present or the future.
Sixteen years have elapsed since that work was finished ; its accuracy as to the stated
inents of Hot then published was at that time unquestioned on those islands, and it jg
totday freely acknowledged there } but, what has boon the logic of events? Wliy is it
that we find now only a soant tenth of the numbers of young male seals which I saw
there in 1872 ? When did this work of decrease and destruction, so marked on the
breeding grounds there, begin, and how ? This answer follows : —
•« I. From overdriving without heeding its warning first begun in 1879, dropped then
mitil 1888, then suddenly renewed again with increased energy from year to year, until
the end is abruptly reached, this season of 1800.
« 0. From the shooting of fur-seals (chiefly females) in the open waters of the Nottli
Paciflo Qoean and Behring's Sea begun as a businesn in 1886, and continued to date."
Thus the seal-life candle has been literally " burning at both ends " during the last
five years.
That day in 1879 when it became necessary to send a sealing gang from St, Paul
village over to Zapodnie to regularly drive from that hitherto untouched reserve
was the day that danger first appeared in tangible form since 1870— since 1867, for that
tnattor.
The fact then that that abundant source of supply, which had served so well and
steadily sinoo 1870-81, should fail to yield its accustomed return to the drivers— hat
^ot ought to have aroused some comment — ought then to havo been recorded by the
officer in charge in behalf of the Government at the close of the season's work in 1882,
Imt it did not; possibly, the gravity of the change was not than fully appreciated by the
sealers theniselves, either through ignorance or inattention.
But, when in 1882 it became absolutely necessary to draw from that time on until I
the end of the present season, heavily and repeatedly, upon these hitherto imtouched sources
of supply for the rookeries, in order to get the custom-; ry annual quota — at that time
that fact, that glaring change from the prosperous and b althy precedent and record of
18T0-81, should have been — it was ample warning of dan jer ahead; it seems, however,
Iq have been entirely ignored — to have fallen upon inattc^ tive or incapable minds; fo;
not until the Report for 1889 from the Agent of the Government in charge, who went up
in the spring of that year f<.,v his first season of service and experienc" ---not until his
Report came down to the Tre^aury Department has there been the slightest intimation
in the annual dedwations of the officers of the Government of the least diminution or
deoreaae of seal-life on these islands Kince u\y work of 1874 was finished and given to (
the world.
On the contrwy. strange at* it ma;; seem, all the Treasury Agents since 1870 have, I
whenever they have spoken at all, eaoh vied with the other in their laudation of the I
•♦splendid oondUion of the rookeries," "fully up to their best standard," &c,, and one I
Eeport in 1886 and 1887 declares a vast increase over the large figures which I pubiialiedl
in l&72-74i. which is again reiterated by the same officer in 1888.
But how c««ld these gentkiraen reconcile their statements with that remarkable!
evidenee of the deorwac in SMpply of young males from the records made and before j
them— starinjsf them in the face— of 1872-71 ? When they saw and daily recorded 1
ffot th»t setting gangs wore being daily sent out from the village, miles and miles away I
liO hitherto wndistnrhed fields, for killahlo seals — the regular customary hauling groundij
then at the point of exhiiustion, from which an abundant supply had been easily secured I
during the Isaf^ thirty yearly and grass growing all over the hauling grounds of 1811,1
hoWi ind«edi did th%t faot escape their attention? It did, however j it was u(terlj|
ignor«d,
I o»n atto QQ\y. in ihe light of the record of the work of sixteen oonaeoutive yeuio
sealing, very clearly one or tvfo points which were wholly invisible to ny sight in 1878.M.|
I c«n nofr 6»$ wIm^ thi^t «9^ct of driving overland is upon the physical well-being of a|
nwmftt fur-«««). ftpd> upon th»t «|ght, fe«l wi^anted in taking the faUowing ground.
Tha lea^t V^Qftetim Yfi'l d««lav« to an observer that, while a fur-4ea) moves easier «|
l^nda «nd fr««Hr th^n WS W <^1 ^^^^V W^K y^^> At the same tinte, it is f^n unusual i
l^hoiliom effwt. «v«n whw U U volwnt^ryj therefore, when thousands of young
emU w& •nddonlj; vorm^ W \\k^ utmost power of land locomotion, ov«r rough, sk
rocks, rolling clinker stoncs, deep loose sand, mossy tassocks, and other eqtiiilly Severe
impedimenta, they in their fright exert themselves most violently, crowd in confaSftd
sweltering heaps one upOn the other, so that many are often " smothered " to death ; dnd.
Id this manner of most extraordinary effort, to be urged along over stretcbfes Of tmbtoken
miles, they are obliged to use muscles and nerves that nature nfever intended them it
use, and which are not fitted for the action.
This prolonged, sudden, and unusual effort, unnatural and violent 3train, must leave
s lastinp: mark upon the physical condition of every seal thus driven, and then suffered to
escape from the clubbed pods on the killing grounds ; they are alternately heated to the
point of suffocation, gasping, panting, allowed to cool down at intervals, then abrnptly
started up on the road for a fresh renewal of this heating as they lunge, shamblfe, and
creep along. When they arrive on the killing grounds, after four Or five hours of this
distressing effort on their part, they are then suddenly cooled off for the last tirtie prior
lothe final ordeal of clubbing; then when driven up into the last surround or "pod," if
ilie seals are spared from cause of being unfit to take, too big or too little, bitten, kt.,
\ky are permitted to go off from the killing ground back to tlic sea, Outwardly unhnrt,
most of them ; but I am now satisfied that they sustain in a vast majority of cases
internal injuries of greater Or less degree, that remain „o work physical disability or
death thereafter to nearly csery seal thus released, and certain destruction of its virility
and courage necessary for a station on the rookery even if it cari possibly run the
:niintlet of driving throughout every scaling season for five or six consecutive yeafi ;
ilriven over and over again as it is during each one of these sealing seasons.
Therefore, it now appears plain to n.c that those young male fur-seals which may
liappen to survive this terrible strain of seven years of driving overland are rendered by
tliis act of driving wholly v'^'-thless for breeding purposes — they never go to the breeding
grounds and take up stations there, being utterly demoralized in Spirit and in body.
With this knowledge, then, the full effect of " driving " becomes apparent, and that
result of slowly but surr.ly robbing the rookeries of a full and sustained supply of fresh
young male blood, demanded by Nature imperatively, for their support up to the
standard of full expan'iion (such as I recorded in 1872-74), — that result began, it now
seems clear, to set in from the beginning, twenty years ago, under the present system.
Had, however, a check been as slowly antl steadily applied to that " driving " as it
progressed in 1879-82 upon those great reserves of Zapodnie, South-west Point, and
Polavina, then the present condition of exhaustion, complete exhaustion of the surplus
supply of young male seals, would not be observed — it would not have happened.
But, however, no attention was given whatever to tlie l'ii< i that in 1882 the reserves
roc suddenly, very suddenly, drawn upon, steadily and heavily for the first time, in
order that a prompt filling of the usual annual quotn should be made before or by the
usual time of closing the seahng season for the year 20th .Inly ; and until the Report
for 1889, above cited, of the Treasury Agent in cha,, nnc into the Treasury Depart-
ment, not a suggestion ever had been made in officiai writing, from 1872-74 to that
liour, of the sl-ghtest prospect even of the amazing diminution of cal-life which is n&H
so painfully apparent.
Naturally enough, being so long away from the field, on readii _; Mr. Chatli J.
GotT's Report for the season's work of 1889, 1 at once jumped to the conclusion that the
pelagic sealing, the poaching of 1880-88, was the sole cause for that shrinkage which he
declared manifest on ^hosc rookeries and hauling grounds of the Pribyloff Islands — such
8 great shrinkage as to warrant him in the declaration which he makes in thnt Report,
that he believes that not over G0,000 young male seals can be secured here in i s90, and
if more can be, that they should not be taken.
Still, even then, charging it in this manner all to the poachers was not quite satifi*
factory to my mind. I could figure out from the known number of skins which th
hunters had placed on the market a statement of the loss and damage to the ro. os
-to the females and young, horn and unborn, for that is the class fVom whii,- the
poacher secures 85 per cent, of his catch ; and I was prepared to find by these fignr^D
that the breeding grounds had lost heavily, but that did not eV6n then satisfy me as to
his statement, which came so suddenly in 1880, that little more than half of the
established annual quota of 100,000 hollenschickie suitable for killing could or would b6
secured here in 1890; for, great as my estimated shrinkage on the breeding grotand«
MS, due to the work of the poachers, yet that would not, could not, explain to my mind
the nine-fold greater shrinkage of that supply from the hauling grounds which must
exist, or elf e 60,000 young males might be easily taken, Judging from my notes of such
«rork in 1872. Therefore, I lauded hero much confused m thought as to what I should
[cbserve. . • ■ . .■;:.',.•,;
[2961 ^ 1 a
i 'i
►
' i
( - {
r.
'if I'
i
-> '
Ml
'»4
\i
I X
68
I began at once, and finished by the 9th June, an entire new topographical survey
and triangulation of tho landed area of the seven rookeries of the St. Paul's Islam'
and those of the St. George Island on the i9iu and 20th July, so as to have tlicsj
charts ready for instant use when the ti.Tie came in which to observe the full form and
number of the breeding seals as they licid upon this ground, viz., 10th to 20th July
inclusive; thereafter until the closing of the season on St. Paul, 19th July, and on
St. George up to 4th August, 1 have daily recorded the full details of the hauling, the
driving, and the killing of seals there, the condition of the breeding animals, their
arrival and behaviour, &c. A thousand varied incidents have been faithfully observed,
ns my field notes will testify, and which ajjpcar in all their detail in the following
Appendix to this Report.
The present condition of these fur-seal preservers is nothing new to the histor} of
their case while in the hands of the Rusisians. Twice before, in the comparatively short
period of a century since they were first opened to the cupidity of man, have they been
threatened with the same ruin that threatened them to-day; in 180G and 1807 all
killing was stopped to save them, hut icsumed again in 1 808 — loo soon ; for, after
seventeen year,^ of continual adoption of half-way measures, the full and necessary term
of rest was given to them in 1834; the story of this "Zapooska" of the Russians in
1834, and the causes which led them to the threatened extermination of those fur-
seal interests on the Pribyloff Islands, is one that is now timely in its repetition, and
should be heeded.
When these islands were first discovered, in 1736-87, an indiscriminate rush was
made to them by the representatives of every Russian trading organization then in
Alaska — by every one then able to fit out a vessel and hire a number of men. Tl:c>e
eager, greedy parties located on and near all of the large rookeries and hauling groumis,
and killed as many as they could handle ; in those days all the skins were air-dried and
not salted, and that made the work of sealing then far slower and much more diflicult Umn
it is now, since the present system of salting skins practically offers no delay whatever
to the work of killing and skinning. In my mind, there is no doubt but that this inability
to cure rapidly the skins for shipment in 1780-1805, as fast as they conld then be idllod
and skinned — not one-tenth as fast as they can bt to-day, — that this delay alone saved
the Pribyloff rookeries from utter extermination in those early days. Certainly it was
and must have been the cause, for at least thirteen different trading organizations had
their vessels and their men around, and on thete two islands of St. Paul and St. George
engaged to their utmost ability throughout full seventeen years in unbroken snoccssion
in taking fur seal-skins.
Had these early Russian fur hunters then possessed the knowledge and means of
curing skins in salt that we now have, together with those appliances in use to-day en
the seal islands of Alaska, I am well satisfied in my own mind that they would liavc
killed every fur-seal that remained to show itself in less than three years after they began
operations — that they would have swept every animal from these grour.ds, long, long
before the old Russian America Company assumed autocratic control of these interests
in 1799, and all Alaska as well.
But fortunately for us, and the world as well, they did not knov" anything about
curing skins in snlt — they had hut one method, and that was to strelcli out the green
skins and .air-dry them upon frames in long loiv-drying houses, or in bright weatlicr
during August, September, and October to peg them out u))on the ground.
Thus, this tedious process in a climate as damp, foggy, and stormy as is that
peculiar to the seal islands of Alaska made these Slavonian sealers spend ten times as j
much time in the act of curing tin ir fur-seal pelts as it took them to drive and kill;
then, too, in those early days they were remote from a market, had no prompt,
economical means of transportation to London, and depended wholly upon the idiosyn-
crasies of the Chinese trade viil Kiachta ; but even with this extraordinary hindrance, it I
seems that they took in that laborious and risky manner at least 100,000 fur seal-skins j
©very year.*
They took so many that by 1803 several hundred thousand of these air-dried pelts I
had accumulated over the ability of the old Russian Company to dispose of thcvii ui time
to prevent their decay — moulding and damp, then abruptly decaying — rott'ng in huge
piles as they were stacked up in the tfatfehouses t Kodiak, so "it became necessary to |
* "In the firrt years oil St. Paiil'i Jalond from 60,000 to (10,000 were taken annually, and on St. Oeorge I
from 40,000 to 50,000 every year. Such horrible killing was neither necessary nor demanded. The skins sere I
frequently taken without any list or count. In 1803, 800,000 seal-skins had accumulated, and it was impossible to I
make advantageous lale of ao many (kins, for in this great number so many were spoiled that it beoaire nfcesu^l
to cut or throw into the sea 1Qi),W0 pelts !"— (Uishop Vciiiamiuov, "Zapieskie," &c., 1848, vol., chap, xii.)
50
cut or throw into the sea 700,000 pelts " during that year. Naturally this loss of labour,
time, and money cooled the ardour of the sealing gangs which were working the Pribyloff
Islands — they worked slower when they did work, and most likely never worked at all in we*;
weather ; obliged to bow to the caprices of the climate or lose their labour, they »vere
thus obliged to spare the seals, and this enforced delay in 1788-1806 has saved the
Pribyloff rookeries from that swift destruction which the keen, quick-witted American and
EngHsh sealers visited i'l 1800-26 upon the great breeding grounds of the fur-seal in the
Antarctic ; they, our countrymen, then used the kench and salt ; tliey never were
bothered with the question of how to dispose of their skins after killing and skinning so
as to save them, and they brought their methods of 180G-2G— the same methods of
to-day — up to these seal islands of Alaska for the first time in 18G8.*
No one car. state, with more than mere estimation on his part, the full number of
fur-seals slaughtered by the Russians on the Pribyloff Islands from 1780 to 1817; no
lists, no checks whatever on it appear to have been made, and the record certainly never
was made, sir. ^ Bishop Vcniaminov, who, from 1825 up to 1838 was at the head of all
matters connected with the Church in this Oonalashka district, where the seal islands
belonged, and who had tlic respect and confidence of the old Russian- American Company,
made a zealoup searcli for such a record in 1834-35 among the archives of the Company
at Sitka, wherk, ne iiad full access ; but the result of his painstaking search he sums up
in the following terse statement: " Of the number of skins taken up to 1817 I have no
knowledge to rely upon ; but from that time up to the present writing I have true and
reliable accounts," wliich he puts into the Apppendix of his published work.f
The Bishop (who is the only Russian who has given us the faintest idea of how
matters were conducted in his time upon these islands) seems to have witnessed them in
a steady condition of decline as to yield, for in the time of his writing and up to its
closing in 1837 the record was one of steady diminution until 1834 ; the killing seems
tohiive been permitted with all sorts of half measures since 1817, adopted one after the
other, to no good result whatever ; finally, however, the supply abruptly fell from an
expected 20,000 to 12,000 only from both islands in 1834— "all that could be got with
all possible exertion."
Then the Russians awoke to tlic fact that if they wished to preserve these fur-
bearin ;• interests of the Priltyloff Islands from ruin, that they must stop killing, wholly
stop for a number of years — stop until the renewal of the exhausted rookeries was
manifest, and easily recognized ; tliis Zapooska of 1835, which they then ordered, is the
date of tiie renewed lease of life wliich these rookeries took, and which by 1857 had
restored them to the splendid condition in which they were when they passed into the
hands of the United States ; and whicli now, after twenty-two years of killing since 1868
and under the recent Regulations of 1870, together with the pelagic sealing since 1886,
we find again threatened with speedy extinction unless full measures are at once adopted
for their preservation and restoration on land, and in the sea — -half measures will not do
-they failed in the Russian period signally, and they will as signally fail with us if we
yield in the slightest degree to any argument for their adoption.
It is interesting, therefore, to study the figures which Veniaminov gives us of the
jield from these islands during tiiat period extending down from 1817 to 1837 — study it
in connection with his statement of what those attempts were, and which were being
made, futile efforts by the old Company to build up the business, and yet continue
sealing; until, finally, after seventeen years of continual diminution and repeated
introduction of half-way methods of restoration, the end came abruptly, and what ought
to have been done at first was finally Ibrced in 1834) — the absolute test of the rookeries
in 1835 came, and practically continued until 1846-50 ; then a gradual rise above 10,000
" iiolluschickie " or young male fur-seals per annum began to be safely taken; and, by
1854, the exhausted and nearly ruined rookeries of St. Paul and St. George were able to
yield 35,000 prime fur-seal pelts without the slightest injury to them, and by 1867-60 they
were so numerous that the Russians ceased to regard them as objects of care, and
thereafter governed their annual catch by the demand outside alone — taking as the
market called for them anywhere from 40,000 to 80,000 annually.
As matters stand to-day on the seal islands the situation is very much the same aa
it was in 1834. Then it was expected that 20,000 seals would be taken, but only 12,000
were secured " with all possible exertion." This year it was expected that 60,000 fine
* They began at once tint system of disciplined exhaiiilive slaughter which has proved to effective in their
hinds throughout the Antarctic — took nearly 300,000 seal-skins on these islands in the short space of four months,
ceased then only for want ot salt ; but, happily, the Government interrened before they could resume their work of
iwift destruction.
1 << Zapieskie ob Oonalai.hkeuikaho Otdayla :" St. Petersburgh, 1842 ; 9 vols, 80. A full trkOkUtion of that
cliapter which treat! of tliii qufttion will follnw this introduction.
M
I i-l
^t^
60
skins would bo taken, but only 21,000 h4Ve been secured with all possible exertion,
nearly half of this catch being small, or 6i-Gj lb. skins— ralcing and scrc.j-,ing the
rookery margins without a day's intermission from the opening to the closing of the
season ; of this work of 1890 I give you in this Eeport the fullest detail of its
progression, day to day, tlio merciful ending of it, ordered so liappily by you.
It will be promptly observed from a study of this record of the Russians which has
been so plainly and so honestly given to ua by Veniaminov and Shaiesnickov, that the
Russians, during their control, were faced at two periods with the prospect of a speedy
extermination of these fur-seal rookeries of Alaska ; in 180G and in 1807 they stopped all
killing on these Islands of St. Paul and St. George, but began to kill again in 1810—
too soon. Veniaminov's record and account shows that from 1817, in spite of every.
thing that they could do, save stopping short of all killing, "only made matters
worse."
Finally, in 1834, with the second and positive threat of swift extermination again
facing them, the Russians reluctantly surrendered, and ordered a rest which lasted seven
years, ere any beginning was fairly made to kill more than a few thousand young male
seals annuallj . Tn the first year only 100 of such animals were taken, the number
being very slo\vij raised year after year until 1847-50.
A careful review of my investigation, therefore, warrants me in respectfully
urging—
1. That no driving and killing of fur-scals for tax and shipment on the seal islands
of Alasiva be permitted by the Government for a period of at least seven years froir
date ; and
2. That the co-operation of Great Britain and Russia be secured in perfecting our
international close time, by which all killing of fur-seals in the open waters of Beiiring's
Sea will be prohibited during the breeding season of these animals, and in order tiiat the
Representatives of Great Britain and Russia may see the truth of my statement as to
what threatens to exterminate these animals if pelagic sealm" as well as terrestrial
sealing is not at once stopped ; that a Commission of British, Russian, and American
experts be invited to visit the sefil islands next summer and report fairly upon the
subject.
In concluding this introduc '.Ion to my work of the past season, and its result, I
desire to say that I have been exceedingly careful in gathering my data upon which I
base all statement of fact and opinion, and to secure these data I have literally lived
out upon the field itself, where those facts alone can be gathered honestly, or else they
had better not be gathered at all.
I now submit, most respectfully, my detailed Report covering the above-mentioned
heads, together with those field-sketches and maps which I deem necessary to give a
more distinct, clear, and full idea of my meaning and understanding of tlie subjects
treated.
Trusting that it will meet with your approval, I am, &c,
IIeNrY tr. Elliott.
To the above may be added, furnished by Professor Elliott, the following Table
showing numbers of fur-seals on the breeding grounds of the Pribyloff Islands, Alaska,
during 1872-74, and again in 1890 : —
Seals,
Softlg,
. ' Island
Rookcrica.
Male, Female,
and Young,
Male, reuiale,
and Young,
1872-74.
1890.
, ; .
St. Poul
Kcef . .
301,000
14O,A0O
, -M • * • •
Gurbotch . .
183,000
84,000
■ ,i ••
Lngoon
37,000
9,000
M > • . • .
Tolstoi , . . ,
226,000
62,400
'. .
'■ ' tf ■ tf.
Znpndnio
441,000
131,305
M •• ••
Ketavic . ,
166,000
28,000
■♦»'^ ' :• ' •♦, ••
Lukaniiou . .
170,000
72.500
'
f . • h •»; • ••
Polaviiii*
300,000
142,000
1
• 0- -tv
North-Enst Point
1,200,000
217,873
■ .:.
)« • <
Nahspeel
8,000
Diittppeared
St. Qeoigu
Zapadnic
18,000
12,500
'- '•
» • • • •
Starry Arleel , ,
80,420
16,000
VI "v, «r
North ,.
77,000
38,600
,. ...■ ^. ..;.; : ' ,1 .
Little Eaitem . .
18,000
4,800
J
V.I.;-. .i ! . .-.
Great Eastern . ,
• <
25,000
9,000
8,198,400
989,893
jlc oxcftioti,
scraping tho
osing of the
detail of its
u.
ns which has
ikov, that the
t of a speedy
ey stopped all
lin in 1810—
)ite of every.
nadc matters
ination again
h lasted seven
d young male
, the number
1 respectfully
ho seal islands
ren years from
perfecting our
•9 of Bchring's
order that the
tatemcnt as to
. as terrestrial
and American
Fairly upon the
ind its result, I
|a upon which I
literally lived
y, or else they
)ove-mentioned
issary to give a
of the subjects
\V. Elliott.
oUowlng Table
slands, Alaska,
Femnle,
'oung,
890.
tO,AOO
4,000
9,000
62,400
311,305
2B,000
72,500
42,000
17,875
ppeBred
12,500
16,000
88,600
4,800
9,000
09,893
The grand total of 3,193,4£30 breeding seals and tlieir young for 1872-74 rcproHenls
a division of its sexes and ages of about 1,000,000 brooding fcmnlcs or "cows,"
1,450,000 newly-born seals or "pups," and some 143,000 to 100,000 able-bodied virile
males or "bulls" over years of ago (tho proportion of farrow or "barren " cows too
eroall for notice then).
The grand total of 959,393 breeding seals, male and female, for 1890 is divided
into difTorevt proportions as to sex and age, owing to deadly causes at work on hii'.d and
sea since ^874. The proportion of the above total for 1890 is 3r)0,000 bearing fonmlos,
and some 250,000 not bearing, or not served last year and this; 350,0UU pips, and
between 8,000 and 9,000 old males, many of them absolutely impotent at the beginning
of the season of 1890, most of them becoming wholly so as the sea'^^on advanced.
In 1872-74 Elliott and Maynard estimated the number of surplus young males or
"klllable" seals at 1,600,000; this year of 1890 Elliot makes a rigid calculation which
shows a scant 100,000 males left above 1 year old.
' 'a
ill
'Tf
:i'A'
P I
i"
t5> ^
S 2-
SEIZ
si
f
Pre
[C.-604
RUSSIA. No. 1 (I89a>
OORRESPONDENOB
RESFEOnNO THB
SEIZURE OF THE BRmSH SCHOONER "ARAUNAH,"
on
I
COPPER ISLAND,
BY THB
RUSSIAN AUTHORITIES.
Presented to the House of Commons by Command of Her Majesty, in pursuance of
f their Address dated May 13, 1890.
I
LONDON:
PRINTED FOR HER MAJESTY'S STATIONERY OFFICE
BY HARRISON AND SONS, ST. MARTIN'S LANB.
ramrami in a*DiWAaT to hib majutt.
[C-
And to be pnrrluud, eithar directly or through «nj Bookialler, fron
BYRE ANB SPOTTI8WOODK, Bait Habdiko Stbiit, Flut Stbbit, B.C., axb
AS, Abinsdok Stbiit. WnTMiNnu, 8.W.] ob
ADAM AHD CHARLES BLACK, A, Nobtb Bbibsi, BDiNBDavat oB
HODGES, FIflOIS, * Co.. 104, Obahok BrBBBT Drauw.
-6041.] Price 4^d.
i
I .f
. « V,' f.i. I'f. V 1 «• , > ' r '.( ri
:>
-t r^ f, ' i<M-N
r.-Tf r /' ^T
't(»
TABLE OF CONTENTS.
No.
Name.
Date.
Subject.
Papo
1
Mr. Trench
Sept. 17, 1888
Captain and crew of " Araiinali " arrived in Japnii,
and left for Vancouver
1
9
Mr. Siewerd .. ..
Oct. 29,
Relating to seizure of "Araunah." What are
held to be boundaries of Russian possessions in
Behring's Sea ?
1
3
Sir R. Morier . . . •
Nov. H,
Case ii before Embassy, Awaits fuller statement
from owners , . . . . .
1
4
Governor-Qt'nernl of Canada .
().
Report by Canadian Privy Council, with documents
and facts connected with the case
•)
fi
To Mr. Siewerd . ,
28,
Replies to No. 2
6
Sir R. Morier
.30,
Summary of case, with documents. Proposed course.
Asks instructions .. .. ,.
6
7
To Sir R. Morier . .
Dec. 11,
Acknowledges above. Instructions for guidance , .
13
8
Sir R. Morier
12,
Copy of letter to owners. Doubts as to cose
W
9
Governor-General of Canada .
Nov. 27,
Report by Privy Council, and further papers
15
10
Sir R, Morier
Dec. 30,
Copy of note to M. de Giers in accordance with
instructions in No. 7 .. ..
IS
11
l> '.1 ' ■ • •
Aug. 26, 1880
Reply of Russian Government to above . .
11
12
To Sir R. Morier . .
Oef. 3,
Asks for further informatMa on certain points in
•
the above reply . . . .
20
13
14
Sir U. Morier
Feb. 14,. 1890
19,"
Has there been any reply to above ? , ,
Answers above. None, as yet..
21
21
15
fi »» ' • • •
Mar. 19,
Forwards reply of Russian Government to questions
as suggested in No. \i
2,
16
To Mr. Gosling ..
May 9,
Comments on above. Do not propose to address
further representations to Russia
2t
^.trr-^TCriT
icomiiig
lonour
.' I ! - .7 ■ .(
*^ fr .T'r'r.'! '^ .T-.^r-y p-.j^,,,;' ^.,'7 .'-i'., .r , (.'r.,i . .1-: i,-:a '\,\iA
■'• vn-y-^i^O .t.;I ..« )
})' Lord,
wit:
|izurc of
[31
•I. ' 'f
HLTURN to til Addr«>i uf the Honourable the Houie of Oonirooni, dtttd May 13, ISnO; ',' ' . '
for- ■'■'■ '■
" Copy of Oorrespondence that haa taken place with reference to the Seizure of the
Victorian Schooner ' Araunah ' in the Bohring's Sea."
't ('
Page
rrived in Japnn,
1." What are
1 |)OS6CssionB ill
•• " I
fuller slatcmenl ,
• • ' •
with dorumcnta
• • •• j
Proposed course.
opose
6
13
U
15
s for guidance
[as to case
icr papers .-j
accordance willi i
-1 "1
bove . . : ■ I " '
certain points in
•• ^1
..1 21 1
nient to questions i
to address
No. 1.
Mr. Trench to the Marquis of Salisbury. — (Received October 25.)
My Lord, Tokio, September 17, 1888.
I HAVE the honour to report to your Lordship that the captain and crow of the
scliooncr " Araunah," of Victoria, British Cohirabia, captured by the Eussians, oH
Coiiper Island, at the comniencomont of July last, and taken to Vladivostock, arrived
at Xagnsaki on the 25th ultimo, and wore handed over by the llussian Consul at that
poi't to Mr. Consul Ensile, who sent them on to llcr Majesty's officiating Consul at
Kanaj^awa. Captain Siewerd and his crew left Yokohama tor Vancouver on the
1st instant by the Canadian I'aciflc steam-ship " Batavia."
It is unnecessary for mo to trouble your Lordship with a detailed statement of the
j circumstances connected with the seizure of the " Araunah," as full particulars have
already been j^iven in a letter addressed by Captain Siewerd to Hor Majesty's Chargti
il'Affaires at St. Petorsburgh, to whom the complaint was addressed.
I have, &c.
(Signed) P. LE I'OER TRENCH.
No. 2.
Mr. Siewerd to the Marquis of Salisbury. — {Received November 19.)
I Sir, Victoria, British Columbia, October 29, 1888.
WUEN seized on the 1st July, 1888, in the British sealing-schooner '' Aiaiuuih,"
lof tills port, 8 miles off south oxtremc of Copper Island, by the Russian merchantman
I" Alexander II," and when I protested against this seizure, claiming to be beyond the
]i,Mm-sliot limit, the Russian officer, M. Grebnitzky, replied : " I would seize you
liOO miles further south if found with seal-hunting outfit abroad."
As the American side of Behring's Sea is closed to us, and I have been of opinion
; when south of the islands (Copper and Behring's) I was in the open waters of the
|Nortli Pacific Ocean, the above reply has prompted mo to ask of you the kiiulness to
give me the boundary-lines of the Russian possession adjacent to the North Pacific
Ocean, Copper and Behring's Islands included, as construed by your Department.
As your compliance with my request may avoid serious loss of property the
looming season, as I contemplate to hunt again in those waters, I pray that your
lonour will favour me with an immediate reply,
I am, &c.
(Signed) H. F. SIEWERD,
Late Master of Schooner " Araunah."
m
m
I;
No. 3.
Sir R, Morier to the Marquis of Salisbury. — {Received November 1 9.)
Iy Lord, St. Peteraburgh, November 14, 1888.
WITH reference to your Lordship's despatch of the 7th instant, respecting the
lizure of the " Araunah,'^* I have the honour to state that the case is in the hands of
. --^-i ■■ '-* Inclosing copj of No. 1. • ■ .. • , '
[316] B 2
mmmmm
Her Majesty's Embassy, a sMorn nflldavit, dated tlic 27tli August, toj^ctlicr witli a
protest by the captain and a declaration by the Superintendent of tlio Commodoii'
Islands, who seized the ship, having l)oen forwarded to Mr. Voring, from Naf^iisaki, in
a letter from the master of the ship, transmitted by the owners, asking tbat i\() action
Bliould be taken until they bave sent in their statement of ulainis and a legal opinion
on the entire ease.
Until they do so I deem it best not to trouble your Lordship with the corrcspon-
denco on the subject.
I bave, &c.
(Signed) R. B. D. MOlllEll.
No. 4.
Lord Stanley of Preston to Lord Knutsford. — {Received at the Foreujn Office,
November 28.)
My liord, Oovernment House, Ottawa, November 6, 1888.
I HAVE the honour to transmit to your Lordship a copy of an approved Ueiiort
of a Committee of the Privy Council, submitting a communication fron Messrs. Hall,
Gocj)el, and Co., Victoria, Britisb Columbia, the owners of the British schooner
" Araiinab,'' together witli certain documents and facts in connection with the scizuii'
of that vessel on the 1st July last, for an alleged violation of the Fishing and Iluntinir
Laws of the Imj)crial Russian Government, by tbe Russian merchant-steamer
"Alexander II," whilst in the prosecution of her legitimate calling as a scalinr
scbooncr in the Beliring's Sea.
Your Lordship will observe that a statement of this case has already been forwarded
by Captain Siewerd, bis mate and crew, to Her Britannic Majesty's Charge d'AITairci^
at St. Petersburgh.
My Government desire that a remonstrance may bo made to the Russian Govern-
ment for so unwarrantable an act as that committed by the commander of tbn
" Alexander II," and a claim made for the loss and damage sustained by the owners
of the " Araunab " in consequence of this seizure in the open sea.
I have, &c.
(Signed) STANLEY OF PRESTON,
Inclosure 1 in No. 4.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency the
Governor-General in Council on October 22, 1888.
ON a Report dated the 20th October, 1888, from the Minister of Marine and
Fisheries, stating, Avith reference to the communication, dated the 21st September,
1888, of Messrs. Hall, Goepel, and Co., Victoria, British Columbia, the owners of the
British schooner " Arunab," that it appears from the statements accompanying the
communication, that the vessel in question was seized on the 1st day of July last h\
the Russian merchant-steamer " Alexander II " for an alleged violation, in that part
of the North Pacific Ocean known as Behring's Sea, of the Hunting Laws of tlie
Russian Government.
At the time of the seizure the " Araunah" was pursuing a legitimate calling in
waters which are open to vessels of all nations.
It further appears that a statement of this case has already been forwarded by
Captain Siewerd, his mate and crew, to Her Britannic Majesty's Charg«5 d'Alfaircs at
St. Petersburgh.
The Minister recommends that a copy of Messrs. Hall, Goepel, and Co.'s letter,
with its inclosures, be forwarded, through the proper channel, to Her Majesty's
Government.
The Committee concurring, advise that your Excellency be moved to forward
copies of the papers herewith to the Right Honourable the Principal Secretary of State
for the Colonies for transmission to the Foreign Office, in order that remonstrance
may be made to the Russian Government for so unwarrantrble an act as tbat
committed by the commander of the " Alexander II," and a claim be made for such
a reparation for the wrong done as may be commensurate with the loss and damage
s Excellency the
nate calling in
forwarded l)v
gustaitied by the ownuN of the " Aniunah " in cou8C(iuonco of this seizure in tlio
open sea.
All which is reHpi>ctfully submitted.
(Signetl) JOHN J. McOEE, Clerk,
Privy Council.
Sir,
IncloKuro 2 in No. 4.
Mensrs. Hnll, Goepel, and Co. to the Hon. J. A. Chaplean.
Government House, yictorin, Jiritinh Columbia,
September 21, 1888.
WE have the honour to transmit herewith certain documents and facts in
cniiiu'i'tion with the seizure of our schooner " Araunah," on the 1st July last, for
allogod violation of the Fisliing and Hunting 1 jaws of the Imperial Russian (Jovern-
ment, by the Russian merchant-steamer " AIi',x.ander II," whilst in the prosecuti )n of
her legitimate calling as a sealing-sehoonor in the Hohring's Sea, and whicli we
respectfully urge is a part of the North Pacific Ocean, and open to the vessels of all
nations. The cleiir and comprehensive letter statement on protest of Captain Siowerd,
his mate and crew, addressed to Her Uritannic Majesty's Charge d'Alfaires at
St. IVtcrsburgh, and sworn to before Her Britannic Majesty's Consul at Nagasaki,
Japan, clearly sets forth an epitome of the circumstances attending the illegal seizure
nt'our vessel, properly registered as a Canadian vessel, and flying the British flag, and
loaves hut little for us to add in connection therewith.
Inclosed will also be found copies of the telegrams that passed between the master
of our vessel and the British Embassy at St. Potersburgh, and by which \\'i\ are
assured that steps would bo taken, with least delay possible, in the direction desired,
and that the Russian Government had been duly apprised of the seizure and its circum-
stances.
Although everything hts been done by the master that could reasonably be
expected to place the niatt-^ in the proper and most direct channel for investigation,
restitution, and protection of British interests upon the high seas, still we deem it
expedient to ])romptly report to the Pederal Government at Ottawa, through you, tlie
(act of the seizure (and what has been done to date) of our schooner whilst registered
under the laws of the Dominion of Canada, with the full belief that his E...cellency
the Governor-General in Council will cause such steps to be taken as will grant the
lelicf and restitution which it is our pride and privilege to claim as loyal subjects of
Her Majesty.
In due coi.rse we shall forward a statement of claim of our loss against the
Russian Gover.iment or whom it may concern.
^A'^fi fifl.vp AjC
(Signed) ' HALL, GOEPEL, anu Co.,
Owners of Schooner " Araunah."
Inclosure 3 in No. 4.
Telegrams from Mr. Siewerd, Af aster of Schooner " Araunah," to the British Embassy at
St, Petersburg h, and the Replies to same.
Vladivosioch; August 9, 1888.
SEALING schooner " Araunah," of Victoria, was set during a heavy fog and
calm by current within 6 miles of southern extreme of Copper Island, when seized by
Russian merchantman " Alexander II." Left here with crew, among them twelve
Vancouver Indians, unprovided. Please advise.
An^weTt
Your telegram received. Steps will be taken with least delay possible. . ^,.
v
:
t <
J J
i'
i- i
' li
h''
li
r
''.^
(2.)
Vladivostock, August 15, 1888.
Will forward protest swoi..' to before Consiu at Nagasaki : also all documents
pertaining to seizure. Please ox. vise if necessary to protest here. Also of other stei)s
required here. Owners' names Hall and Goepel, Victoria.
Answer.
Your ease has been brought to the notice of Russian Government, who have
telegraphed to inquire into it. You might protest locally. Porward all docunionts
here.
luclosure 4 in No. 4,
Diagram illustrating Position of Schooner " Araunah " at time of Seizure.
luclosure 5 in No. 4.
Mr. Siewerd to Mr. Bering.
Dear Sir, August 27, 18S8.
REGARDING the seizure of the British sealing scliooiier " Araunali," of Victoria,
British Columbia, by M. Grobnitzky iu tlio Russian merciiantman " .Vlexaudor II,"
for alleged violation of the Mshiug and Hunting Laws of tlie ■ .perial Russian
Goveriuuent, of wliieli I informed you in my telegraphic despatch of the Utli August,
1888, from Vladivostoul;, T now respectfully submit tlie following facts : —
On the 1st July, 1S88, at 0-30 a. jr., during a lieavy fug and calm, I cuiculatod the
schooner's ])osition t') be 16 milc^ south by west of tlu! .southern extremity of Coupcr
or Mcdncy Island. Judging myself in the open waters of the North Pacific Oc(ian, I
ordered the canoes for hunting. At about 7'30 a.m. the fog lifted, when tiie schooner
was found to be east by south, about 6 to 8 miles dista^it from the southern extremity
of tlie island, with tlie janoes out to the south and Avest of the schooner. 'Wlieu in
this jjositiou a steamer was sigiited, which bore at once down upon us, proving the
Alaska Commercial Company's steamer "Alexam'er II," flying at peak the Prussian
mercliauu ensign, and at inaintop a green flag witli Avhito cross.
When noar, the schooiuH- was hailed, and I, the master was asked to come aboaid
the steamer, which I did. AVlien on st(!amer's deck, I Mas informed by SI. Gioijuitzky
that he would couliscate the scliooncr for being within tlio limit. This I dcuieil. but
Av.'is answered that the boundary ran from Cape Lopatka to tlie Island of Attou, and
that I could protest against tlie seizure to authorities at Vladivostock, where the ease
would be forwarded.
As tlie oiiiccr produced no documentary evidence of his authority. I asked ujxiit
what authority the seizure was made, in answer to which the officer pointed to tiie llai;
at maintop; .;aying, "There ia my authority."
The oilieer and crew of schooni.'i' were then made prisoners, and trausferi'eil
aboard steamer " Alexander II." The schooner was towed to the Scttleiiieut (llinka
on Coppi.'r Island, where the skins, 133, were landed at Company's warehouse. Iteic
1 had to deliver the schooner's papers to Oflicer Grebiiitzky. Before doing so I
demanded a paper stating the reason ot confiscation, wiiich I forward herewith, ami
a copy of which I was asked to sign after it having been translated to mo h\
M. J. Mallinvcnsky to read iu substance.
That this day the schooner " x\raunah " had been confiscated for hunting within
the limits of the Russian possessions.
I hereby notified SI. Grebnitzk} ti presence of SI. J. Slallinvensky, of my (irotest
against the seizure, which protest I would make before the nearest Repre.scutalive
of Her Britannic Slajesty s Government, and, in accordance with advice in your
telegraphic despatch of 15th August, 1888, have protested to Admiral and (ioverinir
of Vladivostock, the certified copy of which I send herewith.
Th.e schooner was then brought to Petropaulovski by a crew of the steamer
"Alexander," where, upon the arrival of the schooner, the salt, stores, jirovisions, and
uLso part of personal property of crew, were sold by M. Grobnitzky vrlihout the con-
fiscation having been declared legal liy any authority other than his own, 1 must
add that we had no intention whatever to violate the laws of the Imperial Russian
Govomment, but intended tfl follow the hunting in the waters of the North I'aeilio
at, who have
ill documents
calculated the
iiity of Conper
icilic Ocean, I
II tiio sehooner
lerii extremity
aer. "Wlieu in
couie abuai'.l
M. Gi'el)uit/.ky
I ilonied. but
of Attou. and
here tlie ease
uutiiii? witliin
of my ()rotest
lopresmitativc
dvico iu yonr
and (lov('i'iu)r
f the steamer
irovision?, and
Ihout the con-
lown. I. nuist
perial lUissiaii
I North I'acilic
Inclosure ^ in N" 4.
DIAGRAM
ILLUSTRATING POSITION
OF
SCHOONER "ARAUNAH
AT TIME OF SEIZURE.
S,'* H.F. Steward. Master
GLINKA
Position when, seized
3 Calculiited position at 6. 30. a.m.. July 1V 188S.
tz
Scale of Miles
w
to
hW .<>«. l*1i \ F.O.J IS.
■1 ^ I'om.Litl. 3'Mirtiua lA^ '-•' c
If^
V
« 2 4
i
i|
1
.1
/(■
\' '
*#
Oceau; neither had we any means to do otherwise, as tho hunting outlit consisted
Df six Indian canoes manned hy two Vancouver Tiulinns (vicli. Had no fire-arms
aboard save three old muzzle-loading shot-guns, being tiie property of some of the
Indians ; also one shot-gun and one rifle, being the property of some of the members
of tiic crew.
From the foregoing it will be seen that the schooner was set by nn \mknown
current, not marked upon the chart, to the north and cast of her course, and the
canoes having left tho schooner during the fog, when tliere was no land in sight, nor
anv visible sign to prove the calculated position ei-roneous, will explain tiie position of
the canoes at the time of seizure.
Also that the schooner was not less than the estimated miles from land is clearly
proven by the "Alexander" steaming two hours and forty minutes at the rate of
6 knots per hour (see steamer's engineer's log) from point of seizure to Glinka, Avhich
is 7 miles from south point of the island. This can be demonstrated on chart or
diagram herewith, showing that it was impossible for schooner to have been, as
alleged, within the 3 miles of gun-shot limit. As to the 133 seal-skins found on
lioard, I refer to the schooner's fishing log, now in the hands of "the Imperial Russian
Government.
1 also beg to call attention to the fact tliat the steamer " Alexander II " is owned
bv the Alaska Commercial Company, who are also the lessees of Copper and Behring's
Islands.
As to the reliability of the statement of M. Grebnitzky as to tlie true position
of schooner at time of seizure, I will say that M. Grebnitzky is no mariner, and
consequently no competent judge to ])ersonally determine the exact position of
scliooner. Turthermore, I learned ^vhile prisoner aboard the " Alexander," that
neither the first nor second officers of the steamer had been called upon by Captain
tironberg, of steamer, to witness or verify the bearing and distance of schooner, so
that the judgment of the schooner's actual position at time of seizure is but the
jucsswork of Captain Gronberg, of steamer " Alexander II," and of him alone, as a
cousultation on this serious point might have resulted in proving the schooner beyond
the limits.
In submitting the above facts to your careful consideration, I beg that you will
use every means in your power to effect a restitution of the unjustly and illegally
coniiseated property, and payment of damages incurred thereby.
Verv, &c.
(Signed) * 11. F. SIEWERB, Master.
The above sworii to befoi'c Her Britannic Majestj's Consul at Nagasaki by
myself.
(Signed) N. P. Bonde, Ma<e.
W. Stanbish, Steward.
G. Brum,
P. DOEEING
[NG,J
A.B.
and forwarded, together with all documents, by Consul Mr. Enslie to St. Petersburgh.
h
No. 5.
Foreign Office to Mr. Siewerd.
Sir, Foreign Office, November 28, 1888.
1 AM directed by the Marquis of Salisbury to acknowledge tlie receipt of your
letter of the 29th ultimo, relative to the seizure of tho British schooner " Araunah " off
Copper Island by tho Russians in July last.
I am to forward you a copy of the Treaty between Russia and the United States
of the 30th March, 1867,* and to inform you that the details connected with the seizure
of your vessel have not yet reached Her Majesty's Government.
I am, &c. ■■ '
„ ,- , , , ;. , (Signed) JULIAN PAUNCEFOTE.
• See " State Papera," vol. Wii, p. 468,
No. 6.
Sir R. Morier to the Marquis of Salisbury. — {Received December 5.)
My Lord, St. Petersburgh, November 30, 188S.
WITH reference to my despatch of the 14th instant, I have the honour to state
that I have now received the complementary information from the master of tlio
" Araunah " wliich enables me to deal with the case.
Before addressing the llussian Government on the subject, however, there arc two
or three points on which I should be glad to receive guidance from your Lordship; and
I think, therefore, that I cannot do better than to make a statement of the casf, so tliat
its doubtful points may bo properly submitted to your consideration.
The " Araunah," a British schooner, of British Columbia, master E. IL Siewerd,
equipped for seal hunting, found hei'self, in accordance with the stat(!ment of the
master, on the 1st July, 1888, at G-30 a.m., in a heavy fog and calm, IG niilos south by
west of the southern extremity of Copper Island. Judging himself to be in the open
waters of the North Pacilic Ocean, the master ordered the canoes out for hunting. At
about 7"30 a.m. the fog lifted, when the schooner was found to be east by south about
6 or more miles distant from the south point of the island, with the canoes out at
various distances to the south and west of the schooner, about 2 miles away from lier,
the most distant being about 3 miles from the ship. When in this position a steamer
was sighted, which bore at once down upon her. This proved to be the " Alexander II,"
a ship belonging to the Alaska Commercial Company of San Francisco. Slie was
flying at the peak the Russian merchant ensign, and at the maintop a green flag witli
white cross. The name of her master was Gronberg, that of the chief officer Arlcn,
and of the second officer Imberg ; but besides these there was on board a M. Grebiiitzky,
not a naval mar, who described himself as Superintendent of the Commander Islands.
By his orders the " Araunah " was hailed, and her master, Mr. H. E. Siewerd, brouglit
on board the "Alexander II." M. Grebnitzky then informed him that he would
confiscate the schooner for fishing too near the land. Mr. Siewerd then asked hira on
what authority he acted. M. Grebnitzky produced no documentary evidence, but
pointed to the flag at the maintop, saying that there was his authority.
The officers and crew of the "Araunah" were then transferred on board the
"Alexander II," by which the British vessel was towed to the Settlement Glinka, on
Copper Island.
Here the skins, 13(5 in number, were landed, and the ship's papers delivered to
M. Grebnitzky. The schooner was then brought by a crew of the " Alexander 11 "
to I'etropaulovski, and upon her arrival the salt, stores, and provisions, and also part of
the personal property of the crew, were sold by il. Grebnitzky, without the eonlisca.
tion haviiYg been declared legal by any authority but by his own. On the IGtli August
Mr. Siewerd, master of the "Araunah," entered a protest before tlie Governoi' of
Vladivostcck, and another on the 27th at Nagasaki before Her Majesty's Consul there.
The facts above stated are taken from these two protests.
The latter, moreover, contains a diagram showing the nosition of the " Arauiuili "
at the time of capture, and explains her position there on the hypothesis that she must
have drifted from wIkh-o she was at G'30 to where she found herself at 7"30 under tlic
impulse of a current not marked on the chart.
In addition to these two documents, the master of the "Araunah" produces au
affidavit signed by himself and a Captain Butler, whom he seems to have taken Avith
him as a witness of a conversation held on the 16th October at San Francisco witli
Gronberg, the master of the steam-ship " Alexander II." For Siewerd, on hearing
that the " Alexander II " had proceede(l to San Francisco, went there to obtain a eopy
of that vessel's log. Gronberg, however, refused to give him one, but volunteered to
give him a verbal account of what took place. Si(>werd, in addition, asked various
questions of Arlen, the chief officer, and Imberg, the second officer. The following
axe the facts that were obtained by this process. Gronberg declared that he lad
taken no regular bearings, but had only made a rough approximate guess ; that he
had had no letter of marque at the time of the capture, but that, not wanting trouble,
he had got one the same day after the capture. On being asked whether he remem-
bered M. Grebnitzky saying to Siewerd, " I would seize you if you were 100 miles
south of the islai.ds," he replied, " Yes, I heard M. Grebnitzky say this."
To the questions put to him, M. Arlen, chief officer, replied that he had no idea
whatever respecting the distance and bearing of the "Araunah" at the time of her
,c casf , so tlmt
capture, as his opinion had not hcon asked, and ho did not trouble about it. The entry
made by him in tlie log was what the captain had given liiin.
In the opinion of M. Imberg, the second officei-, the schooner was from 5 to 7 miles
distant from tlie land.
I collect the following further facts from a letter, dated the 25th October, addressed
by Mr. Siewerd to Ilor Majesty's Embassy ; —
1. That the steamer " Alexander II " being the property of the Alaska Cora-
nicrc'ial Company of San Francisco, who are the lessees of tho seal trade in the North
Pacific Ocean, including Copper and Behring's Islands, and that Company treating its
servants exceptionally well and providing them witli liberal pensions, due caution
should be taken in accepting Gronberg's evidence, as that of a servant of tho
Company, as regards the position of the ship, on which alone the whole case of tho
captors depends.
2. That the following conversation took place between Siewerd and M. Grebnitzky
at the time of the capture. The former called the attention of the latter to the fact
that lie considered himself, when soutli of the island, in the open waters of the North
Pacific Ocean. "I would take you," replied Grebnitzky, "100 miles south of the
Commander Islands if found with seal-hunting outfit on board," thus claiming
jurisdiction to the parallel of Atton Island.
Mr. Siewerd states that it is evident that M. Grebnitzky made the seizure in this
belief.
3. Mr. Siewerd states that M. Grebnitzky is a civil officer, not a naval officer, that
he is Inspector of the Commander Islands, that he receives a salary of 1,200 roubles
per annum, that he is well feed by tiie Alaska Commercial Company, and that ho does
everything to {"urther their interests, and to assist tliem in accomplisliiug their object,
which is the extermination of private sealers, and the obtaining of a monopoly in this
industry.
Lastly, I received a letter, dated the 25th October, from Messrs. Hall, Goepel,
and Co.. the owners of the ship, dated Victoria, British Columbia, the 25th October, in
which those gentlemen assess their damages at 21,852 dol. 78 c., with recurring damages
at tlie rate of 10,500 dollars per annum, should their claims not be settled by tho
IDtli Pebruary next.
The points of law and others on which I am anxious to take advice before writing
to the llussian Government are the following : —
1. What are the minimum formalities required to constitute the legal capture of a
foreign ship for acts rendering such ship liable to capture ? If the statements of
the master of the " Araunah" are correct, the latter was captured by a ship belonging
to a San Francisco private Company, with no Representative of the captnring Govern-
ment on board but a Civil Inspector ; and witli no evidence of his holding a com-
mission.
When challenged \.o show his authority he is unable or unwilling to show papers,
aiul only points to a green flag with a white cross, flying from the maintop, as his
authority.
I have ascertained that this flag was at one time the IJussian Customs flag, that it
is no longer so used, : nd has been superseded by a blue one ; hot I have not yet been
able to ascertain when the supercossion took place, which, of coarse, may turn out a
point of capital importance.
2. What is the meaning of " letter of marque " in the sense used in the statements
of the master of " Araunah " ?
3. The master of the " Araunah " deposes to the sale by M. Grebnitzky at Petro-
paulski of the salt, stores, and provisions of tho vessel, and of part of the personal
property of tho crew, without tho confiscation liaving been declared legal by any
authority but that of Grebnitzky himself.
It is nowhere stated that the schooner was disposed of, or that any steps were
taken to have her condemned by a regular constituted Court. I have written to the
owners to ascertain whether they have any knowledge on this subject. In the mean-
time, I presume I may assume that the sale of the sliip's stores and the portion of the
personal property of the crew on the sole authority of the captor was illegal.
t. How does the matter stand as regards the presumed assumption by Grebnitzky
that Russia had a jurisdiction of 100 miles south of the Commander Islands ? I regret
to siiy that I am not au fait as to the present state of the controversy in regard to
Paissian claims to a mare clausum in the North Pacific.
Before concluding, I must allow myself an observation with reference to the
description given by the master of the " Araunah " of tho position of his ship at the
|3IHJ C
t L
1
'I I
' t
14
»
time of her capture, and of the circumstances which caused her being there. lie says
that at 030 a.m. he calculated that the schoonor's position was 10 miles south by west.
of the southern extremity of Copper Island. At this time, there being a heavy fo;^ and
calm, he ordered the six canoes out for hunting. At 7"30 a.m., that is, an hour after-
wards, the fog lifts, and the schooner is found at 6 miles distant from the south jjoint
of the island, with the canoes to the south and west of tlie schooner, at a distance,
with one exception, of not more than 2 miles from her. The inference of the master
is that he was carried by an unknown current from the spot at which he was at 6'30 to
that at which he was captui-ed at 7*30. If the diagram annexed to the affidavit taken
before Her Majtaty's Consul at Nagasaki is correct, this distance would be 17| miles.
It would, of course, not be fair to assume too great accuracy in a diagram of tliis
kind. Nevertheless, the distance cannot be estimated at less than between 10 and 17
miles.
I do not know whether such currents exist, but, if they do, it seems strange that
the master and crow of the " Araunah" should not have been fully aware of the fact
from the beginning, and still stranger that the six seal canoes should have placidly
carried on their hunting operations under its impulse, which they must liave doue,
seeing that when the fog lifted, they were within a 2 miles radius of the ship.
I transmit the corrcspondenco herc\\ itli.
(Signed) ' E,. B. 1). MORIER.
P.S. — Sinci' the above despatcih was written for signature, I hav. ^>me carefully
through the papers onoe more, and have noted two points which had previously
escaped me : —
1. That in the certiQcate given by Grobnitzky he distinctly states the cause of the
arrest of the " Araunali " to bo that of soal-catching within the Custom-house limit
near Medney (Copper) Island.
2. That in the protest addressed to the Governor of Vladivostock, which diff(;rs in
some respects from the declaration made before Her Majesty's Consul at Nagasaki, the
whereabouts of the canoes is entered upon, but not dealt with, as it appeal's to me, in a
satisfactory manner. Tor Mr. Sicwcrd admits that the scliooner being 6 miles olV, one
at least ot her canoes Avas 3 miles away from lier, which might bring it dangerously
near, if not actually on the Custom-house '. lit ; but then, further on, he admits
hypothetically that the canoes might have been found within the Custom-house limits,
and gives what ho considers satisfactory explanations for theii* being there.
Lastly, he protests against the accusation made against the schooner that she was
within the Custom-house limits, whereas the charge made by Grebrintzky is not that
she (the schooner) was within those limits, but that she was seal-catching within thorn ;
an operation ])erformed not by herself, but by tlie canoes sent out by her.
Under tliese circumstances I consider that the charge brought by Mr. Siewerd
against M. Grebnitzky of having captured the schooner on the ground of hor liavini;
boon within 100 miles of Commander Isles need not be regarded as serious, seeing tiiat
we have to deal with a written declaration, bearing Grebuitzky's signature, to tiio
effect that he (jai)tured the " Araunah " for catching seals within the Customs limits.
Accordingly it ap])ears to me that all I can do at present is to inquire of the
Russian (lovornmcnt whether the schoon(>r has been condemned by a proper Court, it'
not, when and Avbere her trial will take place, and what facilities will bo all'ordod to
the owners f<n' defending themselves, and, in case she has been tried and condemned,
to request that I may be furnished with the evidence on which the condemnation took
place. Of course I should also inquire^ into the alleged sale of the siiip's stores and
provisions l)efore she had been formally condemned.
This final consideration of the case suggests a very important legal question.
Supposing, which I strongly suspect woidd be found to be what actually hap])encd,
that the schooner was outside the 3-mile limit, but one or more of the canoes inside it,
would a Russian ship have had a legal right to capture the " Araunah " outside the
Unit, that is on the high seas, for an iufraetion of Ruasiau i'ishiug Laws by her
canoes within the limit '
a. B. D. M.
9
Tnclosure 1 in No. 6.
Mr. Bitwerd to Mr. Bering, August 27, 1888.
[Seo Inclosure B in No. 4.]
Inclosuro 2 in No. 6.
Petition.
(Translation.)
To his Excellency the Military Governor of Vlndivostock.
Tlio Petition of H. E. Siewcrd, master of the British schooner " Araunali."
AFTER the capture of the British seal-catching schooner " Arannah," belonging
to the port of Victoria, in Britisli Colunihia, Messrs. Hall and Goopcl owners, for a
certain infringement of the laM's of His Imperial Majesty, I, the undersigned master of
the above-mentioned schooner, feci myself bound to state as follows.
On the 1st July (n.s.) of the present year, about 0-30 a.m., and during a dense fog
and calm, considering myself to the south-west and at a distance of Ki miles frnni the
southern extremity of Medney Island, and thinking that I was in tlic open waters of
the Pacific Ocean, I sent canoes for soal-himting [lit., "sporting." — J. M.].
About 7"30 the fog began to clear oil", and it appeared tliat the .schooner Avas east
hy south of tlie above point, and at a distance of (i miles and n)ore from it; the canoes
were to the south-M'cst of the schooner, and about 2 miles away from her, the most
distant canoe being about 3 miles away from the ship.
While in this position I observed a steamer bearing down straight on us, and
slic proved to be the Russian merchant-steamer " Alexander," flying the Russian
commercial flag at her galf, and a green flag with a Avhite cross at her niaiutopgallant
mast.
She hailed the schooner, and T, the master, was ordered to come on hoai'd. "When
I ijot on board the steamer I was told by an officer avIio was on board (I snlwetpiently
discovered it was M. Grebnitzky) th.-it the schooner was confiscated liecause she was
too near to the coast. I wanted, and endeavoured to explain the reason of this, but
was told that I could protest to the authorities at Vladivostock, whither an exphmation
of the circumstances of the case would be sent. As this officer, however, did not
cxlnl)it any documents establishing his identity, I asked him what was bis authority for
seizing the schooner, upon which M. Grebnitzky, pointing to the flag flying at main-
topgallant mast, replied that was his authority. After this the olficers and saih)rs of
tiu! crew were arrested and transferred on board the steamer. The scho >ner Avas toAved
to the Settlement of Medney Island, to which 13S of our seized seal-skins Avere
convoyed.
Of these 133 skins, two were obtained during tlic fog of the 1st July, and the
remaining 131 skins Averc i)rocured on the north-Avestern coast of America and ontiioso
of the Nortli Pacific Ocean. After this the schooner was sonttoPetropauli)vski, where
the salt, crew's provisions, &c., were sold by M. Grebnitzky.
ving described the circumstances of the case, I have the honour to state
to your
iiat she
I'oUoAV-
ExecUency that f protest against the accusation made against the schooner
was Avithin the Custom-house limit, i.e., less than 3 miles froni the shore. TIk
iug- may serve as proofs.
During tiie fog and calm the schooner was caiTied by an unknown current to the
north and east from her course ; the canoes Averc dispatched to hunt, as already stated,
during the fof; and calm, because I considered I Avas 10 miles from the shore. If the
canoes were found within the Gustom-liouse limits, the foregoing circumstances Avould
explain their presence there. The principal proof that the schooner was not less than
6 miles from the nearest point of the coast, and even more, is afforded by the fact that
tlie steamer occupied two hours and forty minutes in steaming from the place of the
scliooner's seizure, which is situated (o the east and south from the southern point; to
Glinka Settlement (the Settlement is north-west of the point, at a distance of 7 miles
from it), the steamer tOAving the schooner at the rate of (5 miles an hour ; measuring by
the chart, it is evident tlwt the schooner was at a greater distance than G miles from
the nearest shore, i.e., from the southern extremity of Medney Island ; hence it follows
[310J C 2
* * j.
I
W
l''\!
lit ]
■ 'I ■
:|
Mi
i ■',■
m
ii':-]'.
m
B-:
W>
i> -.1
il
" '' L
ml
■ii
I
m
m
m
10
that tlio canoes could not have boon within the limits of jurisdiction of the Custom-
house.
In addition to this, I beg that the fact may be taken into considovation that
there was no intention to infringe the laws of the Imperial Russian Govornnient
in any form soever, and that I was fishing [/«<., " hunting "], in accordance witli
the instructions of my owner, in the open waters of the Pacific Ocean. I would also
add that I verbally informed M. Grebnitzky that I Avas bound to protest in the
nearest British Government OfRce [lit., " institution "], of which protest this rotition is
a copy.
I, therefore, have the honour to request your Excellency not to leave the above-
descril)cd case without examination, as also to convince yourself of the truth of my
assertions by examining my crew under oath.
I request that a copy may be issued to me of this Petition.
Vladivostock, August 6, 1888.
I attest the correctness of this copy of the original.
(L.S.) (Signed)
(Signed)
H. POPOFF,
Chief of Chancery.
C. P. MUTZ (sic),
Rear-Admirnl.
Inelosurc 3 in No. G.
Diagram.
[See Inelosurc 4 in No. 4.]
Inelosurc l in No. 0.
Certificate.
(Translation.)
THIS 19th day of June, 1888, by decision of the Superintendent of the Commodore
Islands, in accordance with the Order of the Governor-General and the Notice issued by
the Imperial Russian Government against illegal hunting and fishing within the limits
of Russian territories in the Pacific Ocean, has been confiscated the scliooner
" Aiaunah," Siewerd master, for seal-catching near Medney Island, within the Customs
limit
In proof of which this certificate, with seal attached, has been issued to
Mr. Siewerd.
(Signed) GREBNITZKY,
Superintendent of Commodore hlaiuh.
Victoria, British Columbia, June 19, 1888.
(Seal of Superintendent of Commodore Islands.)
Inelosurc 5 in No. 6.
Mr, Siewerd to Mr. Bering.
Sir, Victoria, British Columbia, October 25, 1888.
THE Russian steamer " Alexander II " arrived at San Francisco, California, from
Petropaulovski, Kamtschatka, on the 12th October, 1888. I went to San Francisco
for the purpose of obtaining a copy of the steamer's logs, by which I could prove the
schooner's position at the time of seizure, as stated in my protest, and the contents of
these logs had been shown to mo privately both by the chief officer and chief engineer
of steamer.
Upon consulting Her Britannic Majesty's Consul at San Francisco, California, (
found that we had no power to compel the master of a Russian vessel in an American
^)ort to produce his logs ; 1 therefore concluded to formally demand same of the master
ecn issued to
It
of tlie steamer "AUxantler II," the result of which you Till see from inclosed
affidavit.
In connection with the facts already submitted to you in the official documents, I
(jko the liberty to bring to your notice a few remarks which I did not deem prudent
to insert in the protest.
1. The steamer " Alexander II " is the property of the Alaska Commercial Com-
1 pany of San Francisco, California, the lessees of the seal islands in the North Pacific
I Ocean, including Copper and Bchring's Islands.
Tlio "Alexander II" hails from Vladivostock, and is commanded by Captain
Gronberg, a resident of Oakland, California, who has been in the service of the Company
[or the past fourteen years.
Tlie Alaska Commercial Company pays its servants well, and when after a term
of vcars they arc unfit for service, gives them a liberal pension ; this liberality, of
I course, makes the employes, with perhaps few exceptions, pliable tools of the
I Company.
I mention this as the authority as to the schooner's position, &c., at time of
I seizure on the part of the Eussian Government will be principally that of Captain
I Gronberg alone, and ou account of the above facts should be taken with duo caution.
2. At time of seizure I called attention of M. Grebnitzky to the fact that I con-
liidered myself in the open waters of the North Pacific Ocean when south of the
islands, when he replied, " I would take you 100 miles south of the Commander
Islands if found with seal-hunting outfit aboard," claiming jurisdiction to the parallel
lotAtton Island, and it is evident that he made the seizure in this belief.
3. As to M. Grebnitzky, the Representative of the Imperial Russian Government,
I I will briefly say what I learned about him.
Grebnitzky is a civil officer (no naval officer), is Inspector of the Commander
I Islands, said to receive a Government salary of 1,200 roubles per annum. It is an
open secret that he is well feed by the Company and sees that everything is done to
turtlicr the wishes and interests of the Alaska Commercial Company, one of which is
the extermination of private sealers by either foul or fair means, and to obtain the
I monopoly of this industry.
Tlic Russian Government will have no trouble to convince itself of the true
I character of Grebnitzky, as Dr. Grencvitzky, a military pliysieian, who resided two
vcars on Copper and Bchring's Islands, lias returned to Vladivostock on the 18th
August, 1888, to report to his Excellency Governor-General Korff about the state of
alTairs ou the islands and the relations of the Government's servant Grebnitzky to tlie
Alaska Commercial Company. From this source sufficient can be learnt to prove
beyond doubt that the seizui'c, although made by the person Grebnitzky as a Russian
I official, it was practically made by order and in the interest of the Company.
I liave endeavoured to give you the undisguised facts of the case in my own way
I and language ; I now here rest my case, and again earnestly pray you to use every
means in your power to secure a restitution of the so unjustly and illegally confiscated
property, and payment of the damages incurred.
I am, &c.
(Signed) F. H. SIEWERD,
Late Master of the British Schooner " Araunah."
Inclosure 6 in No. 6.
Air. Siewerd j Mr, Bering.
I Sir, Port of San Francisco, California, October 18, 1888.
IN order to obtain the proof of the assertions made in my protest against the
cgal seizure of the British sealing -schooner " Araunah," which protest I forwarded
I to you from Nagasaki, Japan, I called upon Captain Gronberg on board the Russian
merchant-steamer "Alexander II," now lying at this port, and in presence of the
undersigned witness. Captain George Ball, asked Captain Gronberg for a copy of the
steamer's logs of the day 1st July, 1888, on which day said steamer ■•Alexander II,"
I of which said Captain Gronberg was then master, captured the British sealing-schooner
"Araunah," off Copper Island. Captain Gronberg flatly refused to give any copy of
I the logs, but volunteered to give me a verbal account.
Captain Gronberg states, " The schooner bore at time of capture about east by
soutli-half-south, distant 3 miles from south-east point of island."
i
r
1
m
I ,
1 If
1^^
'.f. 1
^l '
I
} .
h
I
h"
I asked, " By what method did you determine this distance, by cross henvinps or
four point bearings ? "
Captain Gronberg replied, " I just made a rough guess."
Captain Ball, the witness, spoke, " Your iudgmcut as to distance ia then only by
an approximation ? "
Captain Gronberg replies, " Tes, Sir."
I then asked of Captain Gronberg, " Had you a letter of marque at the time you
captured the ' Araunah ? "
Captain Gronberg answered, " No, Sir, but I got the letter the same day after the
capture as I did not want any trouble."
I asked, " Do you remember having heard M. Grobnitzky say, ' I would seize vou
if you were 100 miles south of the islands ? '"
Captain Gronberg replied, " Yes, I heai-d M. Grebnitzky say this."
I next asked M. Arlin, chief officer, " Do you know the disiance and bparing of
the * Araunah ' at the time your steamer captured her ? "
M. Arlin replied, " I have no idea whatever ; as my opinion was not asked, I did
not trouble about it."
I asked, " Did you not make the entry in the ship's log ? "
M. Arlin replied, " Yes, I copied Avhat the captain gave me."
I also questioned M. Trubcr, second officer, as to his knowledge as to the beariii"
and distance of the " Araunah " at time of capture.
M. Trubcr states, " In my opinion the schooner was about 5 to 7 miles fioni the
land." I
We, the Undersigned, solemnly swear that we have carefully read over the \
foregoing, and that it is a true and correct statement of the intervio^v M'liicli took '
place on board the Russian merchant-steamer "Alexander II" on Tuesday, Kith
October, 1888.
(Signed) H. F. 8IEWERD, late Master of nritish
Schooner " Araunah."
(Signed) George Bail.
Subscribed and sworn to at the Bi ^h Consulate, San Prancisco, this 18th day of {
October, 1868.
Before me,
(Signed) Denis Donohoe, Consul,
San Francisco,
(Consular Stamp.)
Dominion of Canada, Province of British Columbia :
I, John Joel Austin, a Notary Public duly commissioned for the Province of!
British Columbia, hereby certify that I have carefully examined the document hereto f
annexed, contained on three folios, with the original sworn declaration and letter, and
declare that the annexed is a true and correct copy of said original letter aud all j
attestations thereto.
In witness whereof I have hereunto set my hand and seal of office at Victoria,
this 25th day of October, 1888.
(Signed) Jno. J. Austin, a Notanj Public in
and for the Province of British Columbia.
(Seal.)
Inclosure 7 in No. G.
Messrs. Hall, Goepel, and Co. to Mr. Bering.
Dear Sir, October 25, 1888,
WE last had the honour of addressing you on the 27th ultimo [?], copy of which I
has already gone forward. We now have the pleasure of inclosing affidavit, made I
before the British Consul at San Prancisco, California, of Captain H. P. Siewerd and]
Captain Ball, relative to an interview had with the captain of the "Alexander 11" j
(steamer) on his arrival at that port, re position of schooner " Araunah " at the time!
of seizure. The document we think explains itself, and greatly strengtliens oiu- case,!
taking into consideration the impossibility of making Gronberg produce his log-hook, j
wln(;h is the private property of the Alaska Commercial Company. We also inclose|
iirMi
ros9 'befiviii{»8 or
is then only Ijy
it the lime you
le day after the
would seize you
I and boaring of |
not asked, I did
s to the bearing I
1 miles fi'oni tlie
r read over the
now whieli took
I Tuesday, Kith
aster of British
, this 18tli dav of
;lie Province of
ocument hereto
n ;ind letter, and
lal letter and ;ill
ffice at Victoria,
13
itittcmcnt of claim amounting to 21,852 dol. 75 c. Wo have made this claim as
clear as possible without exnggei-ating values, which will save a good deal of writing
ssking for explanation. Tlio cost of schooner we have put at her market value ready
I for sea.
The outfit for sealing cruize is actual, for which we have vouchers.
The estimated catch of 2,100 skins, at per net profit 6 dollars per skin, wo arrive
I at as follows : —
Dol. 0.
Orn«( rnliie of •k!n8 nt . . . . . . . . . . . . 7 SO
Li'M iilluwed Indians per okin, nnd part of outfit, consumed in the ihopo of
provinioni, &o. .. .. .. .. .. ., 2 6U
5 00
The items following in Statement arc actual. The foot-note also explains itself.
I IJie account hears interest at the rate of 10 per cent, per annum until paid. Also if
ffp arc not in a position on tho 15th February, 1889 (the day on which the next
season commences) to send out a schooner sealing, we shall incur the same amount
of loss next your, and consequently are entitled to the same amount of damages,
viz., the net profit on the catch, 10,500 dollars. The same for every ensuing year.
fl'e trust these explanations are clear to you, and that you will have no difficulty
in placing our claim before the Bussian Government. Wo inclose a letter from
Captain Siewerd, promised in his to you of the 26th ultimo, which may, wc think, be
of assistance in establishing our claim. We can only ask you to do all in your power
on our behalf, and thanking you for the trouble you have already been put to in this
I matter.
Awaiting your advice, wo have, &c.
(Signed) HALL, GOEPEL, and Co.
Inclosure 8 in No. 0.
Statkjient of Claim made by Messrs. Hall, Goepol, and Co., of Victoria, British
Columbia, owners of the British schooner "Araunali," against the Imperial
Kussian Government, lor illegal seizure of said schooner " Aruunah " by the
steamer " Alexander II," in the open waters of the Behriug's Sea, on the 1st dav
of July, 1888.
CuBt of f-clioonor rcndy for aeu . . , .
Outfit fur scaling crnizc . . . . . . . . . . , .
Estimated natcli of senln (2,100), at per net profit .5 dollars . . . .
Moneys laid out by master while in bands of Russian Qovcrument, for sub-
sisteiicc cbargca incurred . . . . . . . . . .
Wages to nmstir and crew . . , . . . . . . .
Fare of master and crew from Vancouver to Victoria, Britisli Columbia , .
Cost of transporting (? Indian) crew to west coast of Vancouver Island
Total
Bearing interest at the rate of 10 per cent, per annum, and recurring damages
I from loss of schooner of 10,500 dollars if not paid by the 15th Eebruary, 1889, and the
same amount for every ensuing year.
(Signed) HALL, GOEPEL, and Co.,
Owners of British Schooner " Araunah."
October 25, 1888.
Dol.
0.
8.0U0
00
2,032
02
10,500
00
180
00
800
13
30
00
2.50
00
21,852
75
:'i t
>s (
f <
U
to&er 26, 1888.
], copy of which
; affidavit, made I
. F. Siewerd and I
"Alexander 11"]
lali" at the time I
igt^iens our case,
ace his log-book,!
We also inclose I
No. 7.
The Marquis of Salisbury to Sir R. Morier.
I Sir, Foreign Office, December 11, 1888.
I HAVE received your Excellency's despatch of the 30th ultimo relative to the
Iseizui-e of the British, schooner "Araunah" by a vessel belonging to the Alaska
I Commercial Company, and to the detention of the ship and sale of her stores at
I PetropaubTsk.
I am of opinion that the proper course will be that you should in the first
I instance, as you suggest, address a note to the Eussian Grovemment, inquiring
,.^.-.-
T4
whotluT tli(! schooner has been oondomncd hy a proper Court, nnd, if ho, nvjiicsiin.r i,,
bo furnishctl with the evidence on which tlie eonilenuiiition took place; l)u(, if J',,,]
rcipiestin^ to be informed when the trial will take place, and what facilities win j,^
afforded to the owners for their defence ; and fvirtlier imiuiring into tlie ailc-cd sale
of th<r shi|)'8 stores nnd provisions before she had been formally condemned.
Upon receipt of the reply of the Ilnssinn (iovernment, any points of law wiiidi
may arise upon it can, if necessary, he rciftn-red to the Law Oflleers of tlie Crown.
Jud!;in<r from the evidence at present in the possession of Jler Majesty's (iovcni.
ment, Mu- proceedini^s would seem to call for the fullest inquiry. Hut it would lie
prenriture to do more than claim such inquiry before the statement of tlie iinijositc '
party has been received.
I am, &c,
(Signed) SALTSHURY.
No. 8.
Sir R, Morier to the Marquh of Salisbury, — {Received December 1 7.)
(Extract.) St. Pelersburgh, December 12, 1888.
AVITIT ref(>rence to previous despatches, and to your Lordsliip's of the I
4th instant, transmitting copies of correspondence Avith the Canadian Govenuncnt on I
the 8ul)j(!ct of the seizure of the schooner •' Araunah," I have the honour to inclose
copy of a letter which I have addressed to Messrs. Hall and Goepel, the proprietors of j
the ship.
I confess that the more I have looked into the case the more I have inclined to I
the belief that, thouijjh the schooner herself was outside the territorial waters, tlie
hunting canoes were cither inside the limit or dangerously near to it.
Inclosure in No. 8.
Sir R. Morier to Messrs. Hall, Goepel, and Co.
Gentlemen, St. Petersburgh, November 30, 1888.
HAVING received the linal communication which you had announced fioiutliej
master of the " Araunah," I have submitted the whole case to a careful exaniiiiation,!
with a view to submitting it to the llussian Government. In doing so, however, I j
have found that there are some points which require elucidation, and respecting wliieli
therefore, I have to request you to give mo further information.
1. As regards the positions of the schooner at 7'30. In Mr. Siewerd's declnrationj
it is stated that at G'30 a.m. he was distant 16 miles south by west of the soutliei'n[
extremity of Copper Island, at which time he ordered the canoes out for iuiiilini,'. Atj
7'30 A.M., that is, an hour afterwards, the fog having lifted, the sohooner was found toj
bo cast l)y south (5 miles distant from the south point of the island, with the caiKies nut]
at 2 miles distant from the sloop, one only being as far as 3 miles. A diagram ;;iviii;,'j
these positions approximately accompanies Mr. Siewerd's declaration, and aecdidiii!,' toj
this declaration the space traversed l)y the schooner between 0"3() and 7'30 a.m., tliat j
is, one hour, must have been 174 miles, end as the canoes had remained in jjioximityr
to the ship, they also, whilst carrying on their lumting operations, must have beeuj
drifting at the rate of between 15 and 17 miles an hour. The tremendous rapidity ofj
this current, which it is stated appears upon no chart, and of which the master of tliej
sloop does not seem to have been aware, though carried along at this great rate otj
speed, requires some explanation.
2. Much is made by Mr. SioAverd of the statement of Grebnitzy that lie wouldl
have seized the " Ai-auuah," had she been fitted out with apparatus for seal-eatdiiii!;,
anywhere within 100 miles south of Commander Islands. Had ho assigned tliis as liisk
true motive for capturing the ship, the case would bo a very grave one, but as he iiasi
given his motives for capturing the ship in a written declaration, wo are hound to gol
by that, and are not at liberty to go outside this declaration and supersede a docuraentl
signed and sealed by anything he may have said vivd voce.
It appears to me that it is of extreme importance to note the exact woixls of tbcl
certificate, which does not state that he confiscated the schooner for being within tlie|
Customs limit, but fov seal hunting within the Customs limit of Medney Island.
VLISHUllY.
Vow, it appoai-s from tlu; (loscrl|)tions j^ivoii hy Mr. Sicwt-nl timt thti sonl Ininting
ii not perfornit'd by the seal sclioononj thortiHelvos, hiit by the canoes wbich uro
ilisnatcbod from tliom, and I take it that tbo point tiiat will bavo to bo dftormined
will bo wbetlier any of tlic canoes wcro witliin tin; Customs limit. On tbis point it
appears to mo (hat tbc Petition addressed by ^fr. Siewerd to tbe Governor of
VIndivostoek is far from elenr. He admits tliat one of bis canoes was :i miles away
fmin tbe sbip, wbib; tbe sbip was (5 miles away from tlio land, wbicb mif^bt brina; it
(laiii^erously close if not actually on tb(! Custom-bonso limit. In anotber portion of
tlij I'clition, bowovcr, be seems bimself in doubt upon tbe subject, for be says, "If
the canoes were found uitbin tbe Custom-bouse limits, tbe fon'i^oing cin-umstaiices
would oxjjlain tbeir presence fbcn>." I would further acid with reganl to tbis Petition
that Mr. Siewerd protests " against tbe accusation made atjainst tbe sebooner that sbe
was witbin tbo Custom-bouso limits, id est, less than .'I miles from tbe shore." As
before stated in tbe only otfieial document M'bicb lias been forwarded to mo, namely,
M. (Jrebnitzky's certitlcate, tbis accusation is not made tbe motive assigrmd fen* bor
seizure, but tbat sbo was seal bunting witbin those limits, that is, that the canoes were
ffitliin those limits. Tbe conversation between Siewerd and ('aptain (Jronberg, of
ffhieli an aflldavit is given in Mr. Sicword's letter of tbe 18tb October, throws no ligbt
upon tbo subject, because all tbat Captain Gronberg voucbsafos to say is tbat tbe
scliooner was about cast by south and a half sontb, distant 3 miles from tbo south-east
point of tbe island, wbicb might leave ber just inside or outside tbe limit. It is
theni'ore perfectly clear tbat tbc ground thoy will tak(> up will bo tbat tbe canoes and
not tbe schooner were witbin tbo limits. You must, tberefore, be jirepan^d with all
the evidence you can procure to disprove tbo presence of tbo canoes tbere.
;{. Mr. Siewerd states, in l)otb bis declaration and Petition, tbat tbc stores, salt,
ic, of tbe " Araunab " were sold at Petropaulovski on no otbcn- responsibility than
M, (irebnitzky's. No mention, however, is made of tbe sebooner itself, and I liivc
therel'ore to request you to inform mo wbetber it is witbin your knowledge tbat Mie
lias been brought, or tbat it is intended to l)ring hor, before a Court for condemnation,
and, in that case, l)efore wbat Court ?
I will, in conclusion, call attention to a slight discrepancy as regards tbc nur.bor
of the seal-skins landed at Copper Island, wbicb, in tbe declaration before llcr
Majesty's Consul are described as being 130, and in the Petition to the Governor of
VIndivostoek as 133.
I am, &c.
(Signed) R. B. D. MORIER.
No. 9.
I ord ><tuiiley of Preston to Lord Knutsford. — {Received nl the Forei'/n Office,
January 5, 1889.)
)Iy Lord, Oovernment House, Ottawa, November 27, 1888.
UEFEllRING to my despatch of tbo 6tb instant, I bave tbe honour to transmit
to your Lordship a copy of an approved Report of a Committee of the Privy Council,
submitting copies of further correspondence on tbo subject of the seizure of the
British schooner " Araunab " in Behring's Sea by the Russian merchant-steamer
"Alexander II."
I have, &c.
(Signed) STANLEY OF PRESTON.
Inclosure 1 in No 9.
i'ertijied Copy of a Report of a Committee of the Honourable the Privy Council, approved by
his Excellency the Governor-General in Council on the 26th November, 1888.
ON a Memorandum, dated the 22nd November, 1888, from the Minister of
Marine and Fisheries, recommending that copies of further correspondence on the
subject of the seizure of the British schooner " Araunab " in Behring's Sea by the
Russian merchant-steamer " Alexander II " be also forwarded, through the proper
channel, to Her Majesty's Government, in conjunction with tbe Minute of Council of
the 22nd October last, on the same subject, the Committee advise that your Excellency
[SIO] D
(I .
.!
I
!
if ii
:' tl
II
'i
i ''
•J ::-
?• I !
. X-
I-
T ■
en
\'- -It ■'
mm
mm.
16
be moved to forward copies of tlu; papers liciewith to the Jlight lIonoural)le tlio
S(!cretary of State for the Colonies, for trausniissioii to tlu: Foroi^'u Office, in fuvtlior
support ol' th(^ claim to be jjreferrcd.
A]l wbicb is respectfully submitted.
(Signed)
JOHN
McGEE, Clerk,
Privy CoitncH.
Inclosure 2 in No. D.
Messrs, Hall, Goepel, and Co. to Mr, J. A. Cliapleau.
Kir, Victoria, British Columbia, October '2{>, 1888.
WE last bad the honour of addressinu; you o" tlte 21st ultimo, and liavo siuw
rcc?i"od yoxu" letter of the 1st instant acknowledging^ same, statinu; tiiat the scizinii; of
the .whooncr " Araunah " by the Imperial llussian Government will n-ceive considora-
tiou at the hands of your (lovernment. We now have tli(> lu/:M)iir to inclose copy of
a letter forwarded yesterday to IL N. Doring, Esij., St. Petersl)m'gh, Russia; "ilso
co])v of statement of claim ; as also notarial copy of ailidavit made in San i'raucisco,
Caliiornia, before tlic British Consul, by the late captain of tlie schooner aud Cantair,
Hall.
Wo trust these papers, which complete our evidence, Avill also recuivu tlio
consideration of your (iovernment, and that you will be able to urge our claim against
the Russ^'iau Government.
Wo have, &c.
(Signed) HALL, GOEPEL, and Co.
Inclosure 3 in No. 9.
Mr, Siewerd to Mr. Bering , October 18, 1888.
[Seo Inclosure 6 in No. 0.]
Inclosure 4 in No. 5).
Certijicite,
[See Inclosure 6 in No. 6.]
Inclosure 5 in No. 9.
^lessrs. Hall, Goepel, and Co. to Mr. Dering, October 25, 1888.
[SvC Inclosure 7 in No. C]
Inclosure G in No. 9.
Statertient of Claim.
[See Inclosure 8 in No. 6.]
If
No. 10.
Sir R, Morier to the Marquis of Salisbunj. — (Received Januarij 14, 1889.)
My Lord, St. Petersburgh, December 'di), l^^^
I HAVE the honour to transmit herewith copy of a letter which I Invei
addressed to M. do Giers on the subject of the seizure of the "Araunah," iu com-L
pliance with the instructions contaiui i in your Lordship's despatib of the LltliH jj y ^^
instant. I '"''■^tm" '
I have ±- I "'"^
(Signed) 11. B, D. MORIEK. ■ ""♦'' ''«f"^
17
Inclosuii.: ill X(i. 10.
Sir R. Morin to .U. do G!r:.s.
w. lo Ministre, Si. Prtn-.^hurgli, Dccniiber ;?(), 1888.
I HAVE tho liouour to call your Kxccllcncy's attention to tiu- t'oliowinit stato-
iiiMit with ivfonmco to an incident Mliicli occ-iii'r.'il oil' tlto smtliorn extremity of
Copper Island on tlu; Ist July of the present year.
The " Araunah," a Uritish schooner I'roni Ihitisli Colninl)ia, niast(>r F. 11. Siewcrd,
oquippcd for seal Imnlin'^, found lun-sclf on tho date in (juestion. at ti 30 a.m., in a
liMvy foa; and cvhn, K! miles south hy '.rest olT the soiitiiern extremity ol Copper
Isloiul. Jndcrini,' himself to bo in the open Avators of tho North Pacific Ocean, the
Duistcr ordered the canoes out for hiiutiug. At about T'UO a.m. the fog lifted, when
the schooner M'as found to bo oast by south at a distance of about or more miles from
Copper Island, havin£^ been carried by a current not marked upon the Chart, with the
canoes out at various distances to her south and ■west, and at al)out 2 miles away from
I'ov, tlu' most distant beiii<^ 3 miles oil'. When in this position a st(>anior was sighted,
n-iiicli bore at once down ujjon the schooner. 'Ibis ])roved to be tho "Alexander II,"
a ship belonging to the Alaska Commercial Company of San Fraucisco. She was
Hying at the peak the llussian merchant ensign, and at the maintop a green Hag with
a white cross. The name of her master Ava i Tronberg, that of the chief oHicer Arlin,
and of tho second ofliccr Imberg, all of theni >ervants of the American Company; but
hiisiiles these there was on board a M. Grebiiitzky, a civilian, who describe<l himself
as " Superintendent of the Commander Islands." J5y his orders the " Araunah " was
hailed, and her .uaster brought on board the "Alexander IF." M. (irebnit ky then
informed him that he would confiscate the schooner for tishing too near the laud.
Jtr. Siewerd asked him on what authority he a(!ted. M. Grebnilzky produced no
documentary evidence, but pointed to tlu; flag at the maintop, the green on(! with
a white cross, saying that that was his authority. The ofllcers and crew of the
"Arxunah" were then transferred on board the "Alexander II," by which the liritisii
vessel was towed to the Settlement of Glinka on Copper Island. Here the seal-skins,
i;i(i in number, were landed, and the ship's papers delivered to M. Grebnitzky. The
schooner was then brought by a crew from the "Alexander II" to Pctro])aulovski, and
upon her arrival the salt stores and provisions, as well as a part of the personal
property of her crew, wen; sold by j\[. Grebnitzky, without the conti.scation having been
lieeiared to be legal by any authority but his own.
I have been instructed by Her Majesty's Govc^rnment to request your Excellency
to i'!uise an in(iuiry to be; made by :he jjroper authorities into tiu! circumstances of the
seizure of this schooner, which, upon the evidence at present before tlunn, seems to
liave l)een of an arbitrary, not to say illegal, character. I b.ave specially to inquire
whi'tlier she has l.'ccn condemned by a proper Court, and, if so, to request that your
Excellency will kindly furnish me with the evidence on which the coiuieinnation took
phice, or, in the case of her not yet having been condemned, that I may hi; informed
ffiwMi iier trial will take place, and what facilities will be alforded to tiie owners lor
tiieir defence. I liave at the same time the honour to request you to furnish me with
iiilorniation with respect to the alleged sale of the ship's stores and previsions before
shfi had formally been condemned.
1 have, &c.
(Signed) E. B. D. MOIMEll.
No. 11.
Sir R. Moriti- to the Marquis of Salhliiiri/, — {Received AKr/iixf 30.)
(Kxtract.) St. Petershuujh, August 2G, 1881).
I HAVE the honour to transmit herewith the inclosed co])y of a note i'roni the
Russian Government, dated the Ith (KUh) instant, in reply to my note of th(^ 18th
(30th) December, respecting the case of the schooner " Araunah." confiscated by th?
Russian authorities for unlawful seal-hunting in the proximity of Copper Tshuid.
The case is too full of legal points for me to undertake to reply to the llussian
note before it has been submitted to your Lordship's consideration.
[316]
D S
vn
I
■ ^^ !
i - 1''
1
I
i)
i, M
I: -'I
■! it
UiJk
V II
V, .:H
m
h
1.1, ■: I B i''
4t' -SiVMitiit
i F.
Incl«»«ure in No. 1 1 .
M. de Gier.i f>» glr R. Mnrltr.
Mini»l^rf dm Affaires Elrnmjeres, t:iaint-Pc'tcrsbnttr<i
M. I'AmlKissadeur, U 4 {Id) Aout, 1889.
4'AI fxartiMucid hm-u lanottMle votiv K*<w>JIenc(i en dato du ^i^ (I'o) [? 18 (.'iO,)]
Dt^coinhrc, 1888, ri>lativ(> h FafTairp du s<^k*«»Mii»r Ani^lais "Araimali," coutisqiu'' par
les aiitoriti's Russcs ]wur s'Ati'o livrtf a Sa <^liai»<iie des ot-iries a proxiiniti! dis I'He
Mediicy.
Votrp ExffllciH'c ayaiil dftnande do pwovoir cominiinicatioii dcs infonnalions
qiip Ics autoritt's hnporiaics atiraiHiit ('"t/ de ieur ooU'% <,*n m inre dc fournir siir cettc
affaire, j'ai i'honiK'ur de vous ('aire |»arf 4t'M «t<wmws (jmo m'n transmiso a eet c'vard
M. le Goiivorn«ur-<i»*»>MVi'l d«' I'yVmour.
Vous voudrt'z bicn -> rclcver, j'<>.s|>'re. Ml ''\h. 'Si.4i'\if quo la (iondiiite de
i';uifori^^ liusso en eetd' i '"■Divslancr ;t (''te toift i\ IfAJt n\s»«li<»w;.
En *>• qui touclie d'alxwvl I'cssenco inonic de l-adBiiro, c'eat-a-diro la iH)iilisi.';iti()n
du ])fttin*i»'nt Anglais, <<«*tt«» »ii*esuro se trouve «ititit'iw«sneiif jutteiftec par lo Jait que
" I'Araunah " so livrait si In ("t^sso dos otnrios dan« la limit** d*> •«»» eaux territorialos.
L«»s piApos du dossior (■<»tiuui"->^>)u<'' par M. lo (i()uvoi'ni'!HM''(i»^n^wtil <'t nolaiiiiiKnil !o
Ra])pot^ do rautofilo <pii a conrtVt*t<- lo ilagraut, dt^lit, c'o»t-a-<tt«»«» m .VI. Grel)iiit/sky,
Intoudant des ilos du C()iniuan(ioi»r, )\(^ lais^^i nt aiioun douto a oiH. •'•lyard. IVimpossi-
bilito i)t)ur M. lo Capitaiuo do " r.Waiwnah " lU^ deui«r aujoui'd'imi le earactc^r*! iviiiilier
do la saisio rosulto d'aill(^ul•s d'ur. dooumcnt oiyaloiucwt joint an dossier : '-'est l';u'ti' do
oonlisoation drosso par ^\. (irol)nitnsky of sur ioquol Mr Siowerd a 'vppcM*'- sa si^uatiu'c
sans proto.station, biou (|iril ait oto avorti par J'Ai;(>nt S^usso ainsi ■;iM'il i**8sori d'unc
attestation ocrito sur le dit aote par un oitoyeJi Anuiivain preseiW sur les lieiix,
M. .Malovansky, (ju'en ajipnsant sa signature, le capitaine AuiflaiH deva** '"am- inoiitioii
des reclamations qu'il ]iiun'iait avoir a eli'ver; I'auti^ de quoi aueune i»»'(H;nu;ition
ulteri(Miro de sa ])art m> serait aduiise.
I'his tavd, sans douto, inalsjrro coi ;iv<>rtiss(!nient, ^fr. Sieword a adres- ' ■ lo
protestation an (iouvi'riiour de \ladivMy*>f k dans laquello il a protendu i
canots du schooner contis(] no, lances ii ia nier pour la clifsso des ot^irios. ,(' ^
trouvai(nit pas a uno distance de moiiis de ;{ niilles du rivacre. Mais, iiideporMlaiiiinoiit
do la question de savoir si o'est a uiu' portee do 3 niilles soulenunit (pio doivent iMrc
<5tendue>i les eauv territoriales. (•■■tte declaration du capitaine Ani^lais perd si
valour : —
1 . l*ar le I'ail <|u'(dle est po>t<'>ricurp a la sii^nature par lui dc. Tacte de eonfiscatioii
drosse dans les conditions enonooos phis liant;
2. Tarco que dans sa mirmie protestation lo Si(!ur Siowcrd soinble adiaotlro
lui-nienu>, (iU(d(|U(>s liiyin^s plus loin, que les ca'fiots do son l)Atiinent avaient \m ('tr^
trouves par M. tirebnitzlvv n\ deca de la ]ii.rn(> i)oitanit~'re iles eaux H.iisses ;
3. Atteud\i (lue ^f. I'Jntendant des Iles du ('i»«mmaiMiear aiffirme catogori(|uemi'iil
quo deux cbalou|)es du seluHmer einilistpu' s« trouvajietit a iwie dis<ja«iee d'une demi-iuilli'
(lu rivagp, et iju'a bord du scboonor m trouvai#*nt deux ota»'i<>K no« *««»re «sventr6i'
I'n ireneral, les alleviations du eapitaini" do " rAisMBMrti '' jiar (Stffiopt. k la posifn"
qu'occupiiient qw iner le schooner i^t les canots soi\t as.-**/ ^►swifn*^- ■•' '**» ^ouft nVn moiiw
(juc prouvecs. Uno consideration <pii d(''posi> en out ii -or
de bord, lonu jusqu'a la. a ce (jn'il soinblo, reu^idiennneir i. ' • (
CO qui onlcvo la possibiliti' pour lui d'ctal)lir juriili(juenn»4*t turn rtirnvs ct sowtcii
veille do la oonliscation et au matin de ce jour-la il se oporait en plein»' timr
au cahier, trouve ofyaleinent ])armi ses papiors et qui .v4«>hle lui wvoiif servi, |tar
int(!rvalles, dc brouilloii pour la tenue do son journal d(> \r,r(\, il ne saurait etiv
rcconuu comme pic'-ce ayant un(' (lualite juridi(iuo obligatoiro.
Votre Kxcellence .lyant bien voulu demanler d'etre ronsei^n^ sur la sandiim
qu'avait pu recevoir id'.ericMU'emcnt Tacte de confiscation i)ron()nce par M. Grebiiilzky,
jc crois devoir vous t'aire part dc co qui suit.
JI. Grobnitzky s'etaient empn'sso de presenter un Rapport d<jtaille de raffiiiiv,
avec los pi(Vos h I'appui, Ti il. le Gouvorneur-Gendral do I'Amour; celui-ci, m|iivs
exanien, a rcconuu (pu; la condnite ten' ; par cot Agent avait etc tout a fail rcgnlii'iv,
ot on vertu des pouvoirs qui lui appa- iiaioiit, a donn6 h, la mosirc do coniiscation la
sanction do Tautorite administrative -upericure.
Pour ce qui est de la vente -jti! par M. Grebiiit/.ky dos provisions dc bord,
oiir;i;i!
■hiiii,
pi 'a III
Pi'tersbnui<i,
3)[?_lS(:iO,)]
confisqiK- ])ai'
initt! (It! I'llo
1 iiifonuMtious
urnir s\ir cottc
iso i\ cet (lizard
a (^ondiiite de
la coutiseation
ar li! Ihit que
IX tevritoi'ialos.
nolaiiiiiujul !(!
[. Gri;linit/.sky,
•d. L'iiu|ii)ssi-
ract^n! ivii'uliei'
; «'est I'at'ti" do
m^ sa sis^iiatiirc
W iwssort d'uiR'
sur li's lieux,
I* 'air*- inontinu
tw rtV'lamatioM
a a<li'p>*-'' ' 'I'
3li'i\dn
I ok) fit'-. H' >.
(Icpcnwlaiiiiiiciit
ic (loivi'iit I'tvc
lii'^lais |M'i'(l SI
le oont'iscatiuu
liiiblo adiiictlre
iivaiont |)u t-tv'
|itt'-g()l"iiiu<'iiii'iil
I no demi-niilli'
Ire rvonti'(V
<v\ i'l la posidKi!
'I'li mollis
jounml
.lain,
i),.l,( ... ' iju'-i la
If *m:r. *lxvtif
[\tn* sei'v . |';\r
ie saurail ''Uv
Liir In sauL'liuii
Im. Gre'onit/.ky,
|ll('' (Ic I'afTaiiv,
c(>liii-fi, ajiW's
Tail rc'i;iilii''n',
Iconilscation la
Isious dc l)oril,
19
trouvees par lui sur " I'Araunah," cct Agent expose dans son Rapport qu'il y a6t6
pour les motifs suivants.
N'ayant pas a sa disposition la sommo n6cessaire pour exp6dier a Vladivostock
I'l^iiipage do " I'Araunah," M. Grebnitzky a dfl voiidre aux cnch6res, en rcmplissant
Ics tbrmalites vouUu's, les dites provisions ; avee uno partie dc Tarjient retire de cctte
vcnti! il a payo lo transport de re([uipaf?o, et le rcstc a 6t6 romis u la Trdsorerie
locale.
TelloH sont, M. rAinbassadeur, d'aprilis les donnees fourn'''*H par raiitorite locale,
Ics conditions dans li'S(inollcs s'est aecomplio eettc affaire. En ((.'rniinant je ino
[)erm(!ttrai de rclevcr encore c(^ qui suit.
Le Gouvernenient de Sa Majcstt'! Britannicjuo n'if^nori! ])as (pie les hiYtiments
s(' livrant sans permission dans ees paraj^es a la chasse dcs otaries eausent a
I'indiistrie loeale dcs dommajifes incaleulablcs. II a reeonnu lui-nu'!ni(! ruri^ence
dps inesnnis destinces h niettrc; fin a un pareil (jtat de ehoses, ft il est a rei^rottcr
quo l(>s n<!goeiations entanujos a Londros sur eettc mati^re n'aieni. pas abouti jusqu'il
|iresciit.
J'ln portant ce qui |)reeMe a votrc connaissancc, jo saisis, &e.
(Si.ici"') GIERS.
(Translation.)
M. TAmbassadcur, Fmviqn Office, St. Pctersburf/h, Ainjuxl V (]()), IHHO.
I llECEIVEJ) in due course your Excellency's note dated tins 13tb (25tli)
['i-lHtb (30th)] Deconiber, 1888, respecting the "alTair of the iiritisb schooner
"Anmnah," eonliseated by tiie Russian authorities for beinj^ eni,'a<^ed in scalirii,' in the
nciglibourhood of the Tsland of Mcdiioy.
Your lilxccllciicy lijivini;' r('(|ucNi('(l lo be provided M'itb snt.'li information as the
liupcrial authorities jnay bi> able to furnisii lipon this point, I have the honour to
coinniunieate to you the facts whicii have been transmitted to mt; by the (iovcrnor-
Gciicral of the Amour with r(>i;iU'd to the matter.
Your Exc(.'lleiu!y will, I hope;, be convinced by them that the conduct of the
Russian authorities was perfectly regular.
First, as regiirds tiie ])ith of tin; wliole nwitter, viz., the confiscation of the Jb'itish
>hii), this proceeding is entirely jiistilicd liy the fact that the " Araunali " was em.'-aged
ill scaling within the limits of orr territorial waters, 'i'ho tile of ])aj)ers couDnnnicated
liy I he (iovernor-Geiieral, and especially the I'eport of the odicer who proved that the
vessel had been captured in the iwA, viz., M. Grebnitzky, the SuiHU'intendent of the
Commander Islands, leave no doubt upon tiiis point. i3esi<h's, another document
belonging to the sanu! file renders it impossible i'or the captain of tin? "Araunah"
now to deny the regular nature of the seizure : I mean the deed of coutiseation, which
was drawn up by M. Grebnitzky and countersigned, without any i)rot(!st, by
Mr. Siewerd, though, as is ]mncd Ijy a statement written on the said deed by Mr. .Afalo-
vausky, an American citizen, who was present at the time, he had been warned by the
Russian Agent that on allixing his signature, he (the English captain) nuist mention
[ any claims which he might have to raise, as no later claim would be recognized, if
lis formality was not fultilled. It is tru(^ that Mr. Siewerd, in spit(,' of the Avarning,
I siilisc([uently addressed a protest to tin; Governor of Vladivostock, in which he asserted
iiu the canoes of the confiscated steamer, -which had put to sea after fur-seals, were
[not vutliin a distance of 3 miles of the shore. Rut, apprt from the qu(;stion Avhether
territorial waters only ext(>nd to a distance of o miles, the linglish captain's declaration
lis valueless for t!ie following reasons : —
1. Because it is subsequent to the signature by him of the act of confiscation
drawn up under the conditions slated above.
■-'. Because" in this same protest ^Ir. SicM erd himself seems to admit, a few lines
lliu't^w^j' on, that the canoes Tuay hav(! been within the Customs line of the Russian
[watrrx
3. iSec{»use the Superintendent of the C ;nunander Islands alTirms categorically
that two boats of the schooner were at a distance of iialf-a-mile from the shore, and
that two Hfals not yet diseml)owelled were found on board the schooner.
(ienerally, the statenunits of the cajjtain of the " Araunah " as to the j^iosition on
tlie SI a oeeupied by the schooner and the canoes are very vague and very far from being
imivcd. Besides, an argument against him is that the log-book, which seems till then
to have been regularly kept, stops at the date of the 5th June, which makes it
impossible for the captain to establish his assertions judicially, and prove that on the
I eve of the confiscation, and oji the morning of the day, he believed himself to be on
'^fi^^-A \.'.
V. 1 ,
20
HMi
I
the high sea. As for his diai'v, which was also among liis papers, and seems to luivc
been occasionally used by him for rough copies of the entries in the log-book, tluit
cannot be admitted as a document having any obligatory judicial weight.
The following is in answer to your Excellency's request to bo informed wiiat
sanction the deed of confiscation pronounced by M. Grebnitzky subscqucntlv
received.
11. Grebnitzky lost no time in presenting a full Ileport of the matter, ivith
documentary evidence in support, to the Governor-General of the Amour ; and llio
latter, after examination, declared the Agent's behaviour to have been absohitclv
regular, and, in virtue of his powers, gave to the deed of confiscation the sanetiou of
the superior administrative authority.
For the sale by M. Grebnitzky of the provisions which he foiuid on board the
" Araunab," the Agent gives in bis Report the following reasons : —
As he had not at his disposal the sum necessary for sending the ere^ ol' tlio
" Araiuiah " to Vladivostoek, iN[. Grebnitzky had to sell tho said provisions by
auction, after going through the proper formalities. With jiart of the proeceds he,
paid the jonrney of the crew ; th<> remainder Avas paid into the local Treasury.
Such, II. I'Ambassadeur, according to the statements of the local authorities, arc
the conditions under which the affair took place. I take the liberty, in eoneliision, ol'
calling attention to tiie following point: —
The Government of Her Britaiu\ie Majesty are well aware of the incalcnlablp
damage done to local industry by vessels engaging without permission in Inr-scalinn,'
in these wjrters. They have themselves recognized the lU'gent need for measures to
put an end lO such a state of thing.s, and it is to be regretted that the negotiations
conunenc(,'d witli regard to this matter in London have till now remained wit lumt
result.
Having thus brought these facts to your notice, I take, &e.
(Signed) Gi !• i{S.
No. 12.
The Marquis of Salisbury to Sir R. Morier,
Sir, Foreign Office, October 3, 1889.
I DI^LY received your Excellency's despatch of the 2r)th August, containing' the
reply of the Russian Govrrnmcnt to the note which you had addressed to them on tlio
30th December last respecting the case of the schooner "Araunah," which Mas con-
ficsated in July 1888 by 11. Grel)nitzky, the " Superintendent of tlie Comnindoro
Islands," for unlawful seal-bunting in the ]n'oximity of Copper Island.
Rcfore ircrllajesty's (iovoninient can form any decided opinion as to llieii' I'liiniv
action in llic case, it is necessary that they should be furnished witJi fuller inl'oinKiiiim
than they now possess on the following points : —
1. As to the legal position and authority of II. Grchnit/ky. It appears that ho
described liimself in the vertificte dated the lOth June (1st .lidy, 1888), as ' Su]ii>rin-
tendent of the Commodore Islands," acting "in accordance with the order of the
Governor- (leneml, and tlie Notice issued by the Impeiial Russian Governm(>nt ai,'aiiist
illegal hunting and lisbini; with the limits of Russian territories in tlie I'aeilic Ocean,"
and in 11. do Giers' note, inclosed in your •.le'patch under reply, the "Araunah" is
spoken of as " confisque par les autorites Rnsses." I slio\dd lie glad to know tiic
exact position of this ollieial, and under what authority ho acted throughout in
the matter.
2. "What were the grounds and authority upon which the seizure of the " Arannaii"
was made by the " Alexander II " ? This latter vessel is described as a steamer helon;:-
ing to tho Alaska Commercial Company of San Eraiicisco. She is stated to liavc
been flying tli(! Russian merchant ensign at the peak, ard a green dag with white
cross at the main. I should be glad to know whether thisi latter (lag, which is now
superseded by a blue one, had ceased to 1)e the Russian Imperial Customs (la;,' at tlic
time the seiziu-e was Cirectcd, viz., July 1, 1888, and what was tho actual date nii
which the change was made.
',]. I sliould also be glad to be fiu'nished with a cojty of the Rus,>^'iau Law, il' such
exists, conferring upon the Governor-General of Amour tho power of pronouncin!,' a
.Dieree of Confiscation upon vessels seized on similar grounds to the "Araunah,"
1 on 1)0!U'(1 tlie
he incalculal)lp
of tlie parties
iim Law, il' such
21
H-itliout the intervention ol' any legal Tribunal, oi regular hearing
implicated.
And, linally, I should wish to see a translation o£ any fishing or hunting Laws
ir Customs Regulations which the Russian Government may inform you are applicable
to the case.
I have to request your Exeellency to endeavour to obtain the information and
locuments mentioned above, together with any further explanations Avhieh you may
think useful, with a view to obtaining an opinion from the L'xw Officers of the Crown
on the legal aspect of the case.
I am, &c.
(Signed) SALISBURY.
No. 13.
The Marquis of Salkbury to Sir R. Morier.
sir, Foreign Office, February 14, 1890.
I SHOULD be glad to know whether your Excellency has been able to obtain
tiio further information in connection with tlic case of the' " Araunah " asked for in
my despatch of the 3rd October last.
I am, &c.
(Signed) SALISBURY.
No. 14.
i?iV R. Morier to the Marijuis of Salisbury. — {Received February 24.)
Jly Lord, St. Pelersburgh, February 19, 1890.
WITH reference to your Ijordship's despatch of the 14tli instant, I have the
honour to state that I have as yet failed to obtain from the Russian Foreign
OHice the additional information your Lordship aski; for respecting the ease of the
"Araunah." I wroti; a note verbule on the subject upon receipt of your Lordship's
despatch of the lltli December, 1888, and after an interval I left a Memorandum
on the subject with M. de Giers. I shall now address a formal note on the subject,
with, I hope, better results.
I have, &c.
(Signed) R. B. D. MORIER.
No. 15.
Sir R. Morier to the Mantis of Salisbury. — {Received March 24.)
My Lord, St. Petersburgh, March IL, 1890.
WITH reference to previous correspondeQce, I have now the honour to transmit
t(i your Lordship herewith copies of t.lie note verbale which I addressed to M. de Giers
on the 21st October last, embodying tlie queries respecting the "Araunah " contained
in your Lordship's despatch of the .'Ird October last, and of a note from M. de
Ci< lo, dated the 16th instant, in which answers to these queries are furnished.
V;)ur Loi.lship will perceive that query No. 3 of my iiote verbale, in which I ask to be
liu.ished with the text of the Russian Law conferring upon the Governor-General of
the A.nour the power of pronouncing a Decree of Confiscation upon vessels seized on
similar !j;round8 to the "Araunah," apparently without the intervention of any Court
of Law, is left unanswered, and that there is L>nly the statement of fact that '• tu' tc?
les causes resultant de Tapplication des reglements ei-dessus mentiounes sonl du
icssort du Gouverneur-General de I'Amour qui eu decide en derniiire instance."
It can be safely asserted that the investiture of the Governor-General with these
pivrogatives rests upon no law properly speaking, but is the result of administrative
arrangements emanating directly from ttie Sovereign in the exorcise of his executive
poAver.
I hare, &c.
(Signed) R. B. D. MORIEE.
iff
ir
li-U
' ' i ' ■'
;■;'■ i \
p \ :
■ ' . < -
*'■-!:
^ ■ ■
1
!
1
:
*:
(f
|i
-I I
j ti
I
«
22
Inolosure 1 in No. 15.
iVo/e Verhale.
HER Uritiiiinic JMajcsty's Ambassador has the honour to present his compliments
to his Excellency the Imperial Minister for Foreign Affairs, and to inform him tliat
he has received a despatch from Her Majesty's Secretary of State respectiii},' tlio cou.
fiscation of tlie schooner " Araunah," in which the Marquis of Salisbury states tlmt
Her Majesty's Government do not feel able to appreciate the considerations put I'orwiinl
by the Imperial Government in their note of tlio 4th (IGth) August last witiiout fuller
information than they at present possess on the following points : —
1. "What is the exact position of M, Grehnitaky, described as " Suiierintendent of
Commander Islands," and under what authority he acted throughout in the matter?
2. AVliat were the grounds and authority upon which the seizure of tlie "Araunah"
was made I)y tlu^ "Alexander II"? This latter vessel is described as a sfeamcr
belonging to the Alaska Commercial Company of San Francisco. She is stated to
have been flying the Russian merchant ensign at the jjcak, and a green flag witli a
white cross at the main. Lord Salisbury would be glad to know Avhether this latlor
flag, -which is said to be now superseded by a blue one, had ceased to be the Russian
Imperial Customs flag at the time the seizure was effected, viz., the 1st July, 1888, and
w hat was the actual date on which the change was made ?
3. Lord Salisbury would also be glad to be furnished with the text of the Russian
Law conferring upon the Governor-General of the Amour the power of pronouncing a
decree of conflseation upon vessels seized on similar grounds to the " Araunah,"
without apparently tho intervention of any Court of Law, or regular hearing of the
jarties implicated.
H<u' Britannic Majesty's Ambassador has accordingly the honour to request his
Excellency the Minister of Foreign Affairs to be good enough to enable him to fuinish
Her Majesty's Government with the information they desire, und Sir Robert llorier
seizes the ojiportunity to renew to M. de Giers the assurance, &c.
British Embasst/,^ St. Petersburgh, October 9 (21), 1889.
Inclosure 2 in No. 15.
M. de Giers to Sir R. Morier.
AI. rAmbassadour, Saint-Pe'tersbourg, le 3 (15) Mars, 1800.
VOTllE Excellence a bien voulu me remettre a la date du 9 (21) Octohre
dernier une note verhale dont il resulte que Ic Gouvernement de Sa Majoste la Reinc
est desireux d'obtcnir des informations supplementaires au sujet de la saisie dc la
goelette " Araunah." Les points sur lesquels le Gouvernement do la Heine ticudmit
.a etrc renseigne etant spdcifids dans la note en question, je me fais un devoir dc vous
communiquer c(> qui suit : —
1. ;M. Grebnitzky, en sa qualite d'intendiuit des lies du Commandeur, est eliar;,v
de radministrntion dc ce territoiro, et il relive directement du Gouverneur ^lilitaiiv
dc la Province Maritime. C'est a lui aussi qu'incombe le devoir de veiller a I'applica-
tion des Reglemonts qui interdisent aux -uavires etrangers, qui ne seraient pas munis
d'unc autorisation sj)eciaie emanee du Gouverneur-Gencral dc I'Amour, d'exerccr Ic
commerce, la chasse, ainsi quo la p^*hf dans les eaux tcrritoriales des lies du
Commandeur.
2. A defaut de navir«»s de guerre, I'autoritd locale a le droit d'employer, pour
laire respecter les Rc'^glemcnts ci-dessus mentionnes, des navires marchands, qui, dans
ces cas, ont h leur bord une garde militaire, et sont munis d'instructions sp^ciales. Lc
bateau a vapeur " Alexandre II," u bord duquel so trouvait M. Grebnitzky au monicut
de la saisie dc "I'Araunah," etait justement charge a cette epoque de la surveillanoe
dans les eaux des lies du Commandeur.
3. Lc pavilion Douauier Russe n'a pas et6 change ; et
i. Toutes les cuises resultant de I'ajjplication des Rt^gleracnts ci-dessus mcntionuiis
sont du ressort du Gouverneur-General de I'Amour, qui en decide en dernii^re instance.
Conformement h cet Article les pieces relatives a la saisie do " TAmunah " ont M
transraises a M. 1' Aide-de-camp Gendral Baron Korf, qui, apr(>8 avoir examine les
proc^-verbaux dressers par M. Grebnitzky, ainsi que lc. requfetes du capitaine du
navire on question, a reconnu que la saisio avait ^(t6 oper<5e dans Ics conditions pr^vues
par Ics ll6glenients, et a prononce la confiseatiou de " I'Amunah."
Enftn, pour satisfairc au ddsir expos6 dans la note A'crbale de voire Excellence du
9 (21 ) Octobrc dernier, je me fais un devoir de vous transraettre ci-apr6s uiie traduction
An;?l!usc du R^glement relatif h la prohibition du commerce, de la chasse, et de la
])('cli(^ dans Ics eaux tcu'ritorialcs Russes de I'Ocdan Paciflque. Dans le but de pr6venir
(Ips infractions h ce ll^glement Ic Gouvernement Imperial a eu soin de lo faire
pulilicr en 1882, par I'intermediaire de ses Agents Consulaires, k San Praucisco, ainsi
que dans les ports du Japon ouverts au commerce 6trangcr.
Veuillez, &c.
(Translation.)
(Signe)
GIERS.
51. r iibassadeur, St. Petersburgh, March 3 (15), 1890.
YOUll Excellency was pleased to communicate to me on the Otli (2lst) October
last a note verlittle stating that Iler Majesty's Government is desirous of obtaining
further information on tiie subject of the seizure of the schooner " Araunah." As
llic points on which Iler Majesty's Government wish to be furnished witli information
are specified in the note in question, I have the honour to communicate to you the
following : —
1. M. Grebnitzky, in his quality of Superintendent r*" the Commander Islands, is
ilmrgod with the administration of that territory, and lu- is directly responsible to the
Military Governor of the Maritime Province. It is also his duty to see to tlic applica-
tion (if the Ilegulations which prohibit foreign ships, without a special authorization
from the Governor-General of the Amour, from trading and hunting, as well as fishing,
in tlie territorial waters of the Commander Islands.
2. In default of ships of Avar, the local authority has the right of employing, to
enforce the above-mentioned Regulations, merchant-ships, which, then, have on board
a military guard, and are furnished witli special instructions. The steamer " Alexan-
der n," on board which M. Grebnitzky was at the moment of the seizure of the
"Araunah," was so charged at this time with the police of the waters of the Com-
mander Islands.
!}. The Russian Customs flag has not been changed.
4. All tlic legal cises arising out of the application of the Regulations above
mentioned are within ihc jurisdiction of the Governor-General of the Amour, who
decides on them in the last instance.
Comformably to this Article, the documents relating to the seizure of the
"Araunah" Avere sent to Aide-de-camp General Baron Korf, Avho, after having
examined the proces-verbaux draAvu up by M. Grebnitzky, as well as the demand of the
captain of the vessel in question, decided that the seizure had been made under the
eonditions proA'ided for by the Regulations, and pronounced the coniiscatijn of the
"Araimah."
Pinally, to satisfy the desire expressed in the note verbale of your Excellency of
the 'Ml (21st) October last, I liaA'c the honour to transmit to you an English translation
of tlie Regulation relative to the prohibition of trading, hunting, and fishing in the
territorial waters of Russia in the Pacific Ocean. With the object of preventing
infractiony of this Regulation, the Imperial Government took care to publish it, in
1882, through their Consular Agents in San Francisco, as Avell as in the Japanese ports
open to foreign commerce.
Accept, iS:c.
(Signed) GIERS.
Inclosure 3 in No. 15.
Notice.
THE Russian Imperial Government hereby publishes for general knowledge the
following : —
1. Without a special permit or licence from the Governor-General of Eastern
Silieria. foreign vessels are not alloAved to carry on trading, hunting, fishing, &c., on the
Russian coast or islands in the Okhotsk and Behring's Seas, or on the north-east coast
of Asia, or Avithin their sea b:->undary-line.
t316l E
':1^
t*
7^
> /i 1
il
: . i
[
|-> '
.
1 :■ ■ ■ '
It ■
1
I f
f-^-
i
1 ,: 1
>■ h-i
f
I;]
24
2. For such permit or licences foreign vessels should apply at Vladivostoek
exclusively.
3. In the port of Petropaulovski, though hcing the only port of ciitrv in
Kamtchaikn, such permits or licences shall not be issued.
4. So j.jrmits or licences whatever shall he issued for hunting, fishing, or traditi"
at or on the Commodore and Rohhen Islands.
6. Foreign vessels found trading, fishing, hunting, &c., in Russian waters witliout
a licence or permit from the Governor-General, and a. so those possessing a licence or
permit who should infringe in the existing hye-laws on hunting, shall he confiscated,
both vessels and cargoes, for the benefit of the Government. This enactment shall be
enforced henceforth, commencing with a.d. 1882.
6. The enforcement of tlie above Avill be intrusted to Russian men-of-war, and
also to Russian merchant-vessels, who for that purpose will carry military detachments
and provided with proper instructions.
No. 16.
The Marquis of Salisbury to Mr. Gosling.
Sir,
Foreign Office, May 9, 1890.
I HAVE carefully considered, in communication M'ith Her Majesty's Sceretury of
State for the Colonies, Sir Robert Morier's despatch of the 19th March last, and
the note of M. de Giers inclosed therein, furnisliing further information in regard
to the sei/.ure and confiscation of the Rritish schooner " Araunah," when engaged in
seal-himtinf? in the neiglibourhood of Copper Island, a possession of the Russian
Empire in the neighbourhood of Behring's Sea.
The whole of the correspondence which has passed in regard to this case has boeu
submitted to the Law Ofiicers of the Crown for their opinion upon the points of law-
involved.
It would appear from M. de Giers' note of the 3rd (15th) March that the
Government of the Province of Amour, in which the Commander Islands (Cop])ei'
Island forming one of that group) are included, is a purely military one, and tiiat,
subject to tlie su])crvision of the Governor-in-chicf, the Intendant of the islands is the
sole judicial as well as executive oiRcer.
ller INlajcsty's Government are advised that a private vessel, with a duly
authorized officer on board, and flying a proper flag, and under special instructions,
may lawfully make a seizure such as the seizure made in this case by M. Grebnitzky.
Th y are further advised that there is nothing inconsistent with international law
in the establishment by the Russian Government of such Tribunals as those indicated
by the procedure in the case of the " Araunah."
So far, therefore, as the mcde of proceeding is concerned, there appears to be no
sufficient ground on wliich a protest or claim for compensation could be based.
With regard to the grounds on which confiscation was decreed, it is to ho
remembered that the master of the " Araunah " does not deny the statement of
M. Grebnitzky that he signed the act of confiscation, which involved an admission of
the alleged offence, and this without any intimation that he intended to jjrotest
against the decision, although he was duly warned that he ought then to submit any
protest which he intended to make.
The evidence as to the actual position of the " Araunah " and her canoes at the
time of the seizure is veiy conflicting. The master of the vessel says in his letter of the
29th October, 1888, that his ship was 8 miles off the southern ext 'emity of Co])]iei'
Island, but in his earlier telegram of the 9th August, 1888, he speaks of being
within G miles of the southern extremity of the island. The cajitain of tlie
"Alexander II" says that the "Araunah" was within 3 miles of the island,
while the second officer of the first-mentioned vessel puts the distance at from 5 to
7 miles.
The canoes M'ere out to the south and west of the vessel, that is to say, between it
and the island, one of them, at least, at a distance of not more than 3 miles from it,
and in M. do Giers' note of the 4th August, 1889, it is stated that M. Grebnitzky
categorically affirms that two of the canoes were within half-a-milc of the shore.
Her Majesty's Government are of opinion that, even if the " Araunali " at the
86
time of the soizuic was herself outside the 3-milo territorial limit, the fact tliat she wiis
by means of hor hoats carryini; on fishing witiiin Russian waters without the
prescrihed licence warranted her seizure and confiscation according to the provisions of
tiie municipal law regulating the use of tliose waters.
Tiiey do not, therefore, as at present advised, propose to addrcs> any further
representation to the Russian Government in regard to this case.
I am, &c.
(Signed) 8AL1SBTIRY.
: {■
V^-' *
! I,
•■.{;
1
IM:
r
:l
i;!t
1:1 :i
!,
i ■■■', K
tI
i|
f;;:i
8
!,
55?.
S o-
S r
SE.
i
II
[C— (
'^*'rHl^*?'5Z^"*,T'[:Ii"_'^_^'-"^''!!*I'^
UNITED STATES. No. 1 (1892).
TELEGRAPHIC CORRESPONDENCE
BMraomfo
SEAL FISHING IN BEHRING'S SEA.
DTT&ING THB
SEASON OP 1892.
Presented to both Houset of Parliament by Command of Her Majesty.
March 1892.
1
LONDON:
J':iINTED FOR HER MAJESTY'S STATIONERY OFFICE
BY HARRISON AND SONS, ST. MARTIN'S LANE,
rUNnU IN OKDINABT TO BI> MAJMTT.
And to be porchiMd, either directly or Ihroofih any BookBailer, I'lom
■R1«S A 10 SPOTTISWOODE, East Hasdiho SraiiT, Fti«T SraitT, B.C., and
32, ABIN600!I STBIEKT, WUTMINilTSB, S.W.; OB
JOHN MENZIE8 Ik Co., 12, Hakovbb Stbikf, Euinbdbgu, and
80, W»T Nils Stbbbt, Glasgow j ob
HODGES, FIGGIS. & Co., 104. Gbafton Btbbit, Dublin.
[0.— 6683.] Frt«e 2d.
M
IMAGE EVALUATION
TEST TARGET (MT-3)
//
^>.
«>
\
1.0
IM
■ 2.5
■■■
Ui 1^
^ 144 ■
2.2
1.1 i.-^ia
1.8
1^ '-^r
^
6"
►
Hiotographic
Sdences
Corporation
1'. ^kST MAIN STMET
WEBSTW.N.Y. MSSO
(716)«72-4S03
^* '^*1' "^"^
s
JJIU,.-
•J , ■ ' , ' -J -J,
I
TABLE OF CONTENTS.
No.
I
2
10
11
13
13
14
\5
16
17
Kanip.
Sir J. Pauncefote .<,
To Sir J. Pauncefote ,
Sir J. Pauncefote
7. 'o Sir J. Pauncefote. .
Lord Stanley of Pretton
to LortI Knutsfonl
Sir 3. Pauncefote
Telegraphic
Telegraphic
Telejtraphic
Telegrnphic
Tel^graptiic
r«U'jra|iiiic
TcleKrapliic
Telegraphic
Date.
Feb. C, 1892
16,
17.
18,
Subject.
Past
To Sir J. Pauncefote.,
Sir .F. Pauncefote
To Sir J. Pauncefote.
Sir V:. H.-.(len-Powell.
To Sir J. Pauncefote.
Lord knutsford to
Lord Stanley of
Preston
Sir J. Pauncefote
Teli".,'rapliic 27,
23,
25.
2G,
26,
18 To Sir J. Pauncefoti'..
19
Felegrapliic
Telegraphic
Telegraphic
Telegraphic
Tolegrapliic
Telcgrapliic
Telegraphic
Telegra|>hic
Telegraphic
Telegraphic
26.
Mar. 8,
9,
•J,
13,
18,
18,
23,
26,
26,
Modut Vivendi pressed for by Mr. Blaine
Cannot express opinion as to nwdua vivendi
until informed of its provision^. Prohibition
of sealing does not seem necessary
Mr. Dlaine urges consideration of rnodun
vivtndi by Joint Commission. Can neces-
sary authority be given ?
Joint Oommissiun may runsider modut virmdi,
but Her Majesty's Government must reserve
right of action
Canadian (iovernmeut have no information
showing necessity of modiia vietndi. If
Her Majesty's Government have such infor-
mation, Canada would not object to zone of
2.1 miles if accompanied by restrictions as to
scaling on land
Communication made to Mr. Blaine in tense of
No. 2. Substance of his reply, pressing for
modut Vivendi . . , .
Sends verbatim paragraph from Mr. Hlaine's
note referred to in above .. ,,
Opinion of British Commissioners as to modus
vii'endi. No serious risk of depletion this
year, but limited temporary measure recom-
mended
Her- Majesty's (lovernnieiit have no informa-
tion to show necessity of modus vivendi two
years running. Compromise suggested by
Behring's Sea Commissioners in No. 8 may
be proposed . .
Mr. Blaine learns that forty-six sealers have
cleared for Behring's Sea
lieply of United States' Government to pro-
posal in No. 9. Urges necessity for mndna
vivendi, in order to preserve value of property
pending arbitration .. . . , .
To repent above ti) Canada
Expresses opinion tliat renewal uf modus
vivendi, tliougli not necessary, would be
beneficial . .
To repeat above to Canada
Answers No. 1 1 . Itencwal of modun vivendi
may give ground of complaint by British
sealers if .\ rbitrators decide in their favour.
Suggests tliat sealing should be permitted to
vessels giving security for any damages
awarded by .■\rbitralors..
To direct port authorities on Pacific to warn
owners of vessels who have cleared or are
dealing for Behring's Sea that they do so at
their own risk .. .. ..
Communication made to United States' Qovern-
ment in sense of No. 15. Iteply received,
stating that renewal uf modus vivendi is the
least that ran be accepted, and that United
Stales' Government must maintain their
rights
Two alternative proposals by Her Majestv's
Government as to the conditions on which
sealing might be prohibited this season
Proposed form of rclerenec to Arbitrators of
niieation of damages , .
flj> t.y.-
-■"•>«1-" 1
tJi,,-' . .
ua.kr-« - ■■'■■ ■•' *'
10
II
ram Mr. IMoine's
v-six sealori Imve
.. .. .rt»fc f . .:< . » V
Telegraphic Correspondence respectinijf Seal Fishing m Behriiig's
Sea during the Season of 1892. • • •
No. 1. ... V
Sir J. Pauncefote to the Marquis of Salubury. — {Received February 8.)
(Telegraphic.) Wftshington, February 8, 1892.
I FORWARDED, by hag, on the 6th instant, for your Lordsliip's approval, a
draft Behring's Sea Arhitnition Convention which has been proposed hy Mr. Blauie.
The Joint Commission is emhodiod in it, and Mr. Blaine insists that the prowedings
of tlie Joint Commissioners shall he informal until it is signed. After much delay,
they nieet to-day for the first time. A modus vivendi during the next fishery season
is pressed for hy Mr. Blaine, and he hopes that Her Majesty's Government will he
prepared to put into force any Regulations which may be recommended by the Joint
Commission for immediate application.
No. 2. ,
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, February 16, 1892.
THE dmfl Convention, inclosed in your despatch of the 5th instant, for refcmng
to arbitration the questions at issue between Htn- Majesty's Government and that of
the United States in connection with the seal fisheries in Bc^hring's Sea, has been
lotoired to th(( Law Oilicers of the Crown, who have be«>n asked to furnish a Report
on its terms at their earliest c(mvenience.
Her Majesty's Govcn-nment cannot expn'ss an oi)iniou upon Mr. Blaine's ])roposal
lor a fresh modus vivendi during the present year until they are further informed
as to what the jjrovisions of ihe modus vivendi are to hi*. It does not seem to be at
all necessary for the preservation of the fur-seal species that sealing should be entirely
prohibited. ; . . ,, • . '
No. 3.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received February 18.)
(Telegraphic.) ' Washington., February 17, 1892.
WITH reference to your Lordship's telegram of the 16th instant, Mr. Bhino
presses that thc^ question of the modus vivendi should be considered and reported on by
the Joint Commission. I have infonned him that, in my opinion, it has no power to
do so under its present mandate. Will your Lordship inform me whether you are
willing that the necessary authority sliall be given to tlic Commission, provided that
110 obligations are imposed up n either Government by its report ?
y-i
[298]
B 2
No. 4.
The Marquis of Salithury to Sir J, Pauncefote,
(Teleg»pliio.) Foreign Office, February 18, 1892.
H£K Majesty's Government have bad under their consideration Mr. Blaine's
proposal, reported in your telegram of yesterday, that the Joint Commission should
examine and report on the question of arranging a fresh modus vivendi during the next
seol-fishine season in Behring's Sea.
They nave no objection to its being considered by the Commission whether, in
case the decision of the Arbitrators is not obtained before June on the points to hp
submitted to them, any modus vivendi will be necessary, and, in that case, what should
be its provisions.
Her Majesty's Government must, however, reserve absolutely their right of action
in respect to any recommendations that may bo made by the Commissioners.
In the present state of I'arliainentai*y business, it seems unlikely that it would be
possible to obtain any fresh powers from Parliament.
"The Seal Fishery (Behrinpf's Sea) Act, 1891," is still in force, but it only giivca
power to prohibit sealing in Behring's Sea by Order in Council within limits and for
a period to Ix,' specified in the Order itself.
You should communicate to the Canadian Grovernment the substance of your
telegi-am of the 17th instant, and of my reply.
No. 5.
Lord Stanley of Preston to Lord Knutsford,* — {Received February 24.)
(Telegraphic.) Ottawa, February 23, 1892.
WITH r(?ference to your telegram of the 16tli instant respecting the modus vivendi
in Behring's Sea, my Ministers i\n not possess any information to show that a modtu
vivendi is m»cessary, or that it can be reasonably demanded. If, however, such
information has reached Her Majesty's Government, the Government of the Dominion
would not oppose such a modus vivendi pi-ovided that it were contined to a zone of
mo(l<'rate limits, say, 2j miles, around the seal islands, and provided that it is
accompanied by striiitrent restrictions against the killing of seals on land, with better
supervision than during the modus vivendi of last year. Any arrangement of a
more extended character would involve compensation to the sealing-vessels, and for
this, of course, Canada could not be expected to make provision from the funds of the
Dominion.
No. 6.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received February 25.)
(Telegraphic.) Washington, February 25, 1892.
BEHRING'S SEA modus vivendi.
With reference to your Lordship's telegram of the 16th instant, I have informed
Mr. Blaine that your Lordship <!ould not give an opinion until you learned what
modus vivendi was proposed.
Following is the substance of a note which I have received in reply : —
The arbitration cannot i)ossibly be concluded within the period of time which was
contemplated originally. The delays which hav(! occurred have been much more hj-
Great Britain than by the United States.
The President suggests that the modus should be similar in terms to tliat of lost j
year, but that it should be more fully executed. Move efficient measures on the part
of Her Majesty's Government will bo practicable thi§ year owing to the earlier date.
More seals than ever were taken last year, the; departure of the sealing'Vessels having j
taken pkce previous to the agreement as to the modus vivendi. The prevention of
sealing in the North Pacific Ocean would be the most effective measure for Her
Majesty's Government to adopt. The large number of sealers preparing to go fortli
from British Columbia would have to receive notice of this. The number of sealers is
Repeated to Sir J. Ptuncefoto.
<-i'
.iXji^^tii^
ruary 18, 1892.
on Mr. Blaine's
)»nmis8ion should
t during the next
Rsion whether, in
the points to hp
civse, what should
pir right of action
ssioners.
Y that it would bo
but it only gives
thin limits and for
lubstance of your
•uary 24.)
•bruary 23, 1892.
<? the modus vivendi
show that a modus
If, hoAvever, such
it of the Dominion
lined to a zone of
rovided that it is
n land, with hettn
arrans<^ment of a
ug-vessels, and for
m tlie funds of the
iruary 25.)
'ebruary 26, 1892.
it, I have informed
you learned what
reply :—
of time which was
ecu much more by
■ms to tliat of last
ensures on the part |
to the earlier date.
iling-vessels having I
The prevention o(
e measure for Her
eparing to go forth
lumber of sealers is
8
reported to bi? larger than ever, and without regulations then* will he an immense
destruction of iemales heavy with young.
Mr. Blaine urgently requests mo to sund the contents of the note to your Lordship
by telegraph. I have not ycrt mentioned the question of authoriziii!? the Joint Com-
mission to report on the modus vivendi on the conditions mentioned in your Jjordship's
telegram of the 18tli instant.
No.
Sir J. Pauncefole to the Marquis of Salisbury.
—{Received February 26.)
Washington, February 26, 1892.
(Telegraphic.)
MY telegram of yesterday.
Mr. Blaine specially desires mo tc telegraph to your Lordshi]) verbatim the following
jiivnigrapli contained in his note of the 24th instant resi)ecting the modus vivendi : —
" Holding an arbitration in regard to the rightful mode of taking seals, while
tiieir destruction goes forward, would be as if, while an arbitration to the title to
timher-land were in progress, one party were to cut and remove all the trees.''
1I(; attaches much importance to this illustration.
No. 8.
Sir J, Pauneefote to the Marquis of Salisbury. — {Received February 27.)
(Telegraphic.) Washington, February 26, 1892.
WITII reference to your Lordship's telegram of the 26th instant, the opinion of
tiie British Behring's Sea Commissionei-s as to a modus vivendi may be convenient to
your Lordship at this juncture. They report as follows : —
"Wcdo not apprehend any danger of s(U"ious further d(!pletion of the fur-seals
resorting to the Pribyloff Islands, as the result of hunting this year, unless excessive
killing be permitted on the breeding islands. As a judicious temporary measure of
precaution, however, for the season, and looking to permanent regulations for the
iisliery as a whole being established in time for the season of 189.3, we would recona-
raend the pi-obibiMon of all killing at sea during this season, within a zone extending
to, say, not more than 30 nautioil miles around the Pribylotf Islands, such prohibition
iH'ing conditional on the restriction to a number not to exce(>d 30,000 as a maximum
of the seals killed for any purpose on the islands."
I believe that the necessity for the total cessation of pelagic sealing will be insisted
on by the American Commissioners, if the question be referred to the Joint Commission ;
but I submit that it is not necessary for us to go beyond the opinion of our own experts,
pending arbitration.
No. 0.
The Marquis of Salisbury to Sir ./. Pauneefote.
(Telegraphic.) Foreign Office, February 27, 1892.
UEE Majesty's Government have had under their consideration your telegrams of
the 25th and 26th instant, dealing with the question of the modus vivendi proposed by
Ml'. Blaine for the approaching seal-hunting season.
They cannot admit in any degree the coiTcctness of Mr. Blaine's statement, that
there have been greater delays on the part of this country in the negotiations
for settling the Behring's Sea difficulty than there have been on that of the United
States.
The consent of Her Majesty's Government was given last year to a modus vivendi
solely on the ground that the preservation of the seal species in those waters was
supposed to be endangered unless some interval were given during whicli there would
be a cessation of hunting both on land and sea.
No information has reached Her Majesty's Government to lead thom to suppose
that so drastic a measure is requisite for two successive seasons.
{■ l!
i
i
I I
■•■ I
I
k
1 1
i
Indoetl, thoy are informed by the British membew of the Joint Commission now
sittiufj; ut Washington thai there is no dang(;r, so far as the sea fisliery is conccriud, of
any serious diminution of the numbers of the fur-seal speeies as a consequence of
hunting them during tiie approaehing season.
You are, however, authorized to offer to the Govcrnn"Mit of the United States (ho
compromise suggested l)y the British Commissioners, and reported in your tolci^rani
of the 26tli instant, viz., that during the present year the killing of seals ;i| sea
should be prohibited within a given radius not exceeding 30 nautical milos rouiul tlie
Pribyloff Islands, on condition that the number of seals to be killed for any puipose
on the islands shall be restricted to a definite amount, not exceeding 30,000 at the
utmost. A speedy decision is necessary, aa we are informed that the sealing-vcssels
are already leaving port.
Mr. Blaine's comparison of the present situation to a question of ownership of
timber-land does not appear to me to be applicable. Tlie case resembles ratlicr an
arbitration on the title to a meadow. While the arbitration is pending the party in
actual possession cuts the grass, and rightly so, inasmuch as next year the grass will
be reproduced. This will equally be the case ^vith the s' als.
No. 10.
Sir J. Pauncefote to the Marquis of Salisbury. — (Received February 27.)
(Telegraphic.) Washington, February 20, lsi)2.
I AM rcquesti'd by Mr. Blaine to infobn your Lordship that he has received the
following lleport from the United States' Consul at Victoria ; — " Forty-six sealmg-
vessels cleared to date. Six or seven more to go. At the same date last year only
thirtv-one cleared."
No. 11.
Sir J. Pauncefote to the Marquis of Salisbury, — (Received March 9.)
(Telegraphic.) Washington, March 8, 1892.
THE Acting Secretary of St<ite lias to-day delivered to me on belialf of Mr. Blaine
(who is unwell) a note on the subject of the renewal of the modus vivendi, with a
request from the President that T should telegraph it to your Lordshi]). I accordingly
send a full summary : —
[T/te text having since been recnivcd, is given in full.]
Sir, Department of Slate, Washington. March 8, 1892,
I AM directed by the President to say, in response to your two notes of the
29th February and 7tli March, that he notices witli the dee])est regret the indisposition of
Her Majesty's Government to agree upon an effective modus for the i)reservation of the
seals in the Behring's Sea pending the settlement of the respective rights of timt
Government and of the Government of the United States in these waters and in the fur-
seal fisheries therein.
Tile United States claims an exclusive right to take seals in a portion of tlie
Behring's Sea, while Her Majesty's Government claims a common rij^lii lo pursue and
take the seals in those waters outside a ;Vniile limit. This serious and protruded
controversy, it lias now been happily agreed, shall be submitted to the determination of
a Tribunal of Arbitration, and the Treaty only awaits the action of the American Senate.
The judgment of the Arbitration Tribunal cannot, however, be reached and stated in
time to control the conduct of the respective Governments and of their citizens durini,'
the scaling season of 1892 ; and the urgent question now is. What does good faith, to say
nothing of international comity, require of the parties to the arbitration ? If the
contention of this Government is sustained by the Arbitrators, then any killing of seals
by the Canadian sealers during this season in these waters is an injury to this Govern-
ment in its jurisdiction and property. The injury is not measured by the skins taken,
but affects the permanent value of our property.
Was it ever heard before that one party to such a controversy, whether a nation or
Commission uovt
py is conceriu'd, of
a consequciK'c of
Unit«'(l Stat.'s the
in your tolci,'rani
ig ol" seals ;il sea
al mih's round tlic
i for any jnuposc
ding 30,000 ut the
the soaling-vcssels
)n of ownership of
esembles rather an
uling the party in
year the grass will
ruary 27.)
ibrunry 20, 1^92.
le has received the
Forty-six sealing-
date last year only
^arch 9.)
i, March 8, 185)2.
'iialf of Mr. Blaine
ius vivendi, with a
li]!. I accordingly
, March 8, 1892.
two notes of the
the indisposition ot
preservation of the
ive rights of that
ters and in the fur-
a portion of the
^hi lo pursue and
us and protracted
le determination of
American Senate.
led and stated in
iieir citizens durin};
good faith, to say
bitration ? If the
my killing of seals
iry to this Goveni-
ly the skins taken,
fhetlier a nation or
in individual, c«)uhl ajjprojiriate the wiiole or any jwrt of the income and jirofits, much
less the body of the contested jtroiiorty. |)cnding the litigation, without accountability ?
Ugoally a Court of Chancery would place a receiver or trustee in charge, and hold the
income of the property for the benefit of the prevailing party. You say that Lord
I Silishury, rejecting the illustration used by Mr. Blaine, "suggests that the case is more
Hke one of arbitration respecting title to a meadow. While the arbitration is going on
jfeoutthe grass; and quite rigjitly. for the grass will be re])roduced next year, and so
I will the seals.""
He can hardly mean by this illustration that, being in contenti(m with a neig1d)our
I regarding the title to a meadow, he could by any jtrecedent in the Equity Courts or by
any standard of conunon honesty be justified in |»ocketing the whole or any part of the
gains of a harvest without accountability to the adverse claimant whose exclusive title
vas afterwards established. It is no answer for the trespasser to say that the true owner
«11 have an undiminished harvest next year. Last year's iiarvcst was bis also. If by
the use of the plural |)ronoun his Tiordship means that the harvest of the contested
meadow is to be divided between the litigants, 1 beg to remind him that the title of the
I United States to the Pribyloflf Islands has not yet been contested, and that our flag does
lnotfb)at over any sealing-vessel. The illustration is inai)t in the further particular that
lllie seals not taken this year may be taken next, while the grass must be harvested or
lloet.
This Government has already been advised in the course of this correspondence tbat
[Great Britain repudiates all obligations to indemnify the United States for any invasion
lof its jurisdictitm, or any injiny done to its sealing ))roi)erty by the Canadian sealers.
iThe attempt to make a damage chuise one of the Articles of the Arbitration Agreement
lilujed, because Her Majesty's Government wouhl not consent that the questi(m of its
lliabiiity to indemnify the United Slates for the injuries done by the Canadian sealers
lihould be submitted. Two extracts from the correspondence will sufficiently recall the
littitude of the respective Governments.
In my note of the 23rd July I said : " The I'resident believes tbat Her Majesty's
iGovernment nniy justly be held responsible, under the attendant circumstances, for
linjurics done to the jurisdictional or property lights of the United States by the sealing.
Itessels flying the liritisb flag, at least since the date when the right of these vessels to
linvade the Behring's Sea and to pursue therein the business of ])elagic sealing was made
lite subject of diplomatic intervention by Lord Salisbury. In bis opini(m, justice
[requires that Her Majesty's (Government shouhl respond for the injuries done by those
Is, if their acts are found to have been wrongful, as fully as if each bad borne a
Iwmmission from the Government to do the act conqdained of. The presence of the
Imastcr, or even of a third person, under circumstances calculated and intended to give
Itncouragement, creates a liability for trespass at the common law, and nnicli more, if
Ihis presence is acconq)anied with declarations of right, ])rotests against the defence
lihich the owner is endeavouring to make, and a declared purpose to aid the
jtrespassers if they are resisted. The justice of this rule is so apparent that it is not seen
n, in the less technical Tribunal of an international arbitration, it could be held to be
|iupplicable.
"The United States might well insist that Her Majesty's Government should admit
Iffisponsibility i'm the acts of the Canadian sealers, which it has so directly encouraged
lind promoted, precisely as in the pro])osal the United States admits resixmsibility for the
lids of its revenue vessels. But, with a view to remove what seems to be the last point
lof difference in a di.scussion which Inis been very much protracted, the President is willing
Ito modify bis proposal, and directs me to offer the fohowing: —
'The Government of Great Britain having presented the claims of its subjects for
Itompcnsation for the seizure of their ves.sels by the United States in Behring's Sea; and
Ihe Government of the United States having presented, o\\ its (»wn beiialf as well as of '
jlk lessees of the privilege o*' taking seals on the Paibyloff Islands, claims for eompensa-
Jlion by reason of the killing of seals in the Behring's Sea by pei-sons acting under the
|protccti(m oi the British flag, the Arbitrators shall consider and decide upon such clainui
laccordance with justice and equity, and the respective rights of the High Contracting
powers, and it shall be competent for the Arbitrators to a\Nard such compensation as, in
llieir judgment, shall seem equitable."
Ill your note of the 17th October you say : —
"I regret to inform you that Her Majesty's Government, after the fullest con-
iJeration, have arrived at the conclusion that this new clause could not. properly be
cnted to by them. In their opinion, it implies an admission of a doctrine respecting
Ike liabilities of Governments for the acts of theii nationals or other persons sailing
r |.
S! i ! i«
6
under their flag on the liis^h hcuh, for v. iiicli there w no tvarrant in the law of nntioiu,
Thus it contains the following words : —
" ' The Qovernmcnt of the United States having presented on its o>vn bolialf ax
well as of the lessees of the privilege of taking seals on the PribylyfT Islands, claims for
compensation by reason of the killing of sonls in Behring's Sea by jKirsons actinf; under
the protection of the British flaa;. the Arbitrators shall consider and decide upon such
claim.'
"Tliese words involve the proposition that Her Majesty's Government arc liable
to make good losses resulting from the wrongful action of jjersons sailing outside their |
jurisdiction under the British flag. Her Majesty's Government could not accept such 1 1
doctrine."
The President cannot believe that, while holding this view of its accountability, the I
Government of Great Britain will, pending the arbitration, countenance, much less
justify or defend, the continuance of pelagic sealing by its subjects. It should cither
assume responsibility for the acts of these sealers, or restrain them from a pursuit
the lawfulness of which is to be determined by the arbitration.
In your note of the 20th Fcbruory you state that Her Majesty's Government has been I
informed by t)»e British Commissioners '• that, so far os pelagic sealing is concerned, there
is no danger of serious diminution of the fur-scul species as n conseqtience of this year's
hunting," and upon this ground Lord Salisbury places his refusal to renew the morfui
of last year. His Lordship seems to assume a determination of the arbit -ation ugainNt the I
United States and in favour of Great Britain, and that it is already only a qiicstioni
of so regulating a common right to take seals as to preserve the species; by what right I
does he do this ? Upon what principle docs he assume that if our claims are established,!
any diminution of the seals, whether serious or not, during this season, or indeed, anri
taking of seals, is to be without recompense ? In the opinion of the President, it is not!
consistent with good faith that either ])arty to an arbitration should, pending a decision,!
in any degree diminish the value of the subject ot arbitration or take any profit fromj
the use of it without an agreement to account.
Before an agreement for arbitration had been reached, the prohibition of iKjlagicj
sealing was a matter of comity ; from the moment of the signing of that Agreement itj
became, in his opinion, a mutter of obligation.
During the season of 1891. notwithstanding the restrictions resulting fromtiie modtu
adopted, the Canadian sealers took, in the Behrings Sea alone, 28.763 skins, or noarlTl
four times us many us the restricted catch upon our island. This Government is no*
advised that fifty-one vessels from British Columbia and si.\teen from Nova Scotia havej
sailed, or are about to sail, for tlie Behring's Sea to engage in taking seals. This largi
increase in the fleet engaged makes it certain, in the absence of an effective restrictivd
agreement, that the destruction of .seal life during this .s^: on by pelagic sealing will
be unprecedented, and will, in the opinion of our Commissioners, so nearly destroy tha
value of the seal fisheries as to make what will remain of so little value as scarcely!
be a worthy subject for intornationul arbitration.
The proposition of Lord Salisbury, to prtdiibit the killing of seals at sea " within (
zone extending to not more than 30 nautical miles around the Pribyloff Islands." is
obviously inadequate and so impossible of execution that this Government cannot ontorl
tain it. In the early part of the discussion of the subject of a modus for last yearthij
method was tentatively suggested, among others, in conversation between yourself .inJ
Mr. Blaine. But it was afterwards, in effect, agreed by both Governments to
inadequate, and was not again referred to in the correspondence. In the Meniorandud
furnished by you with your note of the 6th June you say, •' Lord Salisbury points onj
that if seal-hunting be prohibited on one side of a purely imaginary line drawn in Ih
open ocean, while it is permitted on the other side of the line, it will he impossible i|
many cases to prove unlawful sealing, or to infer it from the possession of skins or fishii
tackle."
Tliis was said with reference to the water boundary of our purchase from Rass
but it is quite as applicable to the 30-mile zone which he now suggests. The prevalen
of fogs in these waters gives increased force and conclusiveness to the point made by 1
Lordship against an imaginary water-line.
The President cannot agree, now that the terms of arbitration have been settle!
that the restrictions imposed shall be less than those which both Governments definij
to be appropriate when it was still uncertain whether an early adjustment of tij
controversy was attainable. He therefore hopes that Her Majesty's Government i
consent to renew the arrangement of last year with the promptness which the exigem
demands, and to agree to enforce it by refusing all clearances to sealing-vessels for lij
. -Jij^i^ i'.ibi.ta..
the law of nationg,
J its owTi bclmlf. as
!* Islands, claims for
^)cr8onH actin-; under
nd decide ui)on such
vernmcnt ar(> liable 1
sailing outside their |
Id not accept xucli a i
:s accountability, the
ntcnancc, much less
ts. It should cither
hem from a pursuit
Government 1ms been I
g is concerned, there I
quence of this year's I
to renew the morfuil
irbit -ation uguinst the I
ready only a (luestionl
)ccies; by what right!
laims are established,!
cason, or indeed, any f
he President, it is not I
I, pending a decision,!
take any profit froml
[)rohibition of ijclagicj
of that Agreement itf
suiting from the mok
8,7C3 skins, or neaiiyl
s Government is noif
rom Nova Scotia havej
;ing seals. This largi
an effective restrictiyd
ly pelagic sealing will
80 nearly destroy tha
value as scarcely toj
seals at sea " within (
ribyloff Islands." is sd
>rnment cannot ontorl
odus for last year thif
between yourself un^
Governments to
In the Memoraniiuij
rd Salisbury points oij
nary line drawn in th
it w'ill be impossible i
*sion of skins or fishii
purchase from Ru
gests. The prevalen
the point made by 1
ion have been settlej
li Governments deem
rly adjustment of llj
esty's Government i
ess which the exigeiK
sealing-vessels t'ortll
nrohihited waters, and l)y recalling from those waters all such vessels as have already
cleared .
This Government will honourably abide the judgment of the High Tribunal which
Ins been agreed upon, wiiether that judgment be favourable or unfavourable ; and will
lot seek to avoid a juct responsibility for any of its acts which by that judgment are found
to be unlawful. Bu^ certainly the United States cannot be expected to suspend the
defence, by such means as are within its power, of the property and jurisdictional rights
claimed by it pending the arbitration, and to consent to receive them from that Tribunal,
if awarded, shorn of much of their value by the acts of irresponsible persons..
I have, &e.
(Signed) WILLIAM F. WHARTON.
No. 12.
The Marquis of Salisbury to Sir J. Vnunce/ole.
(Telegraphic.) Foreign Office, March 9, 185)2.
I SHOULD wish you to repent to Lord Stanley your telegram <if yesterday, ftlH)ut
Behring's Sea.
No. 13.
Sir G, liaden-Potpell to the Marquis of Salisliurif. — {Receired March 10.)
(Telegmphic.) Washington, March <d, 185)2.
WITH reference to the modus vivendi, I iim of opinion timt the taking of ono
swison's limited crop cannot injure the seal herd, but that, although not necessary, the
renewal of last year's prohibition and the 7,r)00 limit would be beneficial.
As the iVjbitmtion Convention conditions ocean rights, 1 hope that the Canadian
Government has warned tlu> British Columbian sealei-s that the nlf iniate ownerehip of
the seals taken this year in Behring's Sea depends upon the verdict of the Arbitrators.
The alternatives for the sealers appear to be «'ither to incur the expense of the
catch subject to this risk, or to forego, without compensation, one season's catch of, say,
20,000 (in Behring's Sea), on condition that 7,500 instead of 30,000 are taken on the
islands, increased numbers of seals in future seasons, and enhanced prices for this
spring, being also insured by such restrictions.
No. 14.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, March 15, 1892.
i SHOULD wish you to repeat to the Governor-General the telegram I have
received from Sir G. Baden-Powell, dated 9th March.
No. 15.
The Marquis of Salisbury to Sir J. Pauncrfote.
(Telegraphic.) Foreign Office, March 18, 1892.
ilEll Majesty's Government have bad under their consideration, and have
consulted the Govei-nor-General of Canada in regard to, the arguments in favour of a
renewal of the modus vivendi of last year, contained in Mr. Wharton's note of the
^<th instant, the substance of which is given in your telegram of that day. The necessity
of relerencc to Ottawa has caused a de'r , lu returning an answer.
The information which has reached i I er Majesty's Government does not lead them
I to believe that, in onler to prevent an undue diminution of the number of fur-seals,
any necessity exists for the suspension of sealing for another year.
Heyond this question, however, I understand that the Government of the United
[2981 C
tf"
i-
States consider tlmt, shnuld hoo nonling be iH'rmittcd this year, and the Unitt'd States'
claim to jiirisdictiun in Hchring's Soa be upheld t)y the Arbitrators, they Imvc a iii,'lit
to be prot<'ct(«d from the loss that they will have HulVorcd by the scaling oDcratiDiis,
Her Majesty's (Jovcrnmcnt do not dispute that there will be some fouiidiitioii fof
this contention when the Arbitration Agreement has been ratititHl.
Hut there is this detect in tiic proliibition of all sealing as a remedy, that if the
British cont«'i\tion |shall be upheld by the Arbitrators, there may be ground Air
complaint "u the part of the Ih-itish sealers who will have been excluded Inmi
B«'hriiig's Sea.
Further, i.o security exists that the Arbitrators will have given their dicisioa
befoH! the sealing season of ISOIJ arrives.
As you are awaie, there has been an arhitmtion pending for four years hciwcen
this coinitry, the United States, and Portugal, which is not yet approaching conclusion,
Serious damage would b(« caused to the sealing industry by a suspension of |
hunting for a prolonged period.
As a more e(iiiitable arrangement, might it not 1m! agreed that sealing-vesscls shall 1
be at liberty to hunt in Hehring's S(!a on condition that security is given by tlic (i\vii,>r|
of each vessel for satisfying the award of damages, if any, Avhich the Arbitrators may
eventually pronounce ?
No. 10.
Lord Knutsford to Lord Stanley of Pre»ton.
(Telegraphic.) Downing Street, March 18, 1892.
I'LEASE direct the jn-oper port authority at all harbours on the Pacific mast tol
inform owners who are clearing or have cleared this year for Pehring's Sea ttial llcrl
Majesty's Government and the United States' (jovernment have agreed, subject t(i tlicr
ratification of the Senate, to sulmiit to arl)itrati(m the (juestion whether sealers liavc
a right, witlioul permission of the United States, to seal iii the eastern half dfl
HehriiiLr's Sea. east of the llnssian line, and that it is |i<issii(le \hn sentenci; of tlicNaidl
Triliunal may lie given within the present lishing season, ibn'eover, that hotli llcr
Majesty's (jo\'eninieiit and the I'nited Stales' (Jovernment have made propositions fdt
intermediate Itennlalions restraining ihe catch of seals in the said waters in ease tlnj
said Arbitration ALrreenient sliould be ratified. Neither the Arhitmtion Agreement ikiiJ
any intermediate Agreement have yet been delinitively .'nlo]»1ed between tlie twij
(lovei'nments, anil whether they are adopted, and at what date, is necessarily a iiiation
of uncertainty. lUit notice is hereby given to all sealers pi'oposing to seal in tli('s;ii(l|
waters that tiiey do so at their own risk, and after warning of the liability t" iiititJ
ru])tion to A\liich they may be exposed in consequence of either of tiio sai{|
Agreements.
No. 17.
Sir J. Pnuncpfote to the Marqtiis of Salisbury, — {Received March 24.)
(Telegraj)bic.') Washington, March 23, lSi)i
LAST night I r(>ceived the reply of the United States' Government to iiij
note embodying the substance of your Lordship's telegram of the 18th instant
the Hehring's Sea (nu-stion. The President requeste<l that it should be telegrapluil td
your Lordship. The substance of it is as follows : —
The President !iad given immediate attention to my note, on account of M
(>xtreme gravity and urgency of the matter, growing out of the fact that any worfuj
Vivendi will 1)e matle ineJTectual for the prf)tection of the interests of the United Stati'l
by nmch further protraction, and that, by rea.son of the impossibility of conimiu
nicalingwith the Canadian sealers, immunity will be given to them. These vi'sscl
liave hastened their departure, as is known, in order to escjvp»> notice of any ww'iij
vivendi being served upon them. Forty-seven vessels have already cleared, anil
measures be not taken to stop them, they will pursue the slaughter of gravid fiMiialJ
seals to tin" very shores of the breeding islands. This is a crinu,' against nature. If til
arbitration proceeds, the United States' Government expect to he able to show that llJ
I iiifBi
^
nr^T
the United Stntvs'
they liavi' a ii;,'ht
iug opt'mtiiiiis,
tmc foiiiuliitiiiii for
omtuly, thiit if Ihc
ly bo i^niiinil for
«(<n oxcludfd from
iv<'i\ thi'ir decision
I'our yearns lictwivn
)achin;^ (^Diicliision.
ly a sdsjHMiNioii of I
;cnliiig-V('HS('ls simll
i»ivcti by tlic iiwiivr
be Arbitrators nuiv
\, March IH, lS<)i
I lb(> raeiflc I'mist tol
brini;'s Sea tiuit ilcrl
i^rt'tnl, auhjccl to tlicl
vlictbcr scalers liiui'l
tbc eastern liidf ofl
sentence of tlic said|
lover, tliat both lln
ia(b' ]>ro|iositi()ns I'url
id uatcrs in case tli
ition Ai^rccniciit imij
d betwecm tlic t\v(J
necessarily a inattoi|
v' to scfil in tiie saiill
tiie lialiilitv ti> inlirJ
eitbcr of tlic sniiil
March 24.)
rt
,M«n-A23, lS!)i
Government t" ml
tbe IBtli instant nd
1(1 be t(dei,'raplieil tij
on account of
act tliat any worfJ
of tbe United Statil
(ssibility of eoiiinm]
hem. ' Tbcsc vessili
notice of any mH
•adv cleared, ami i
ter'of ^'ravid fcmalj
ainst nature. It t'l
ible tosbow tliat till
Iririp'r |)ercentai;e of tbe pelaijic catcb coiiBists of fenmle Reals. It is siirprisin!;^
and (lisn|)|iointinsf, in view of tlio alH>ve, tluit your l.<or<lsliip should assuini* tbat
suspension of sncb senlinij for auotlier year is not neeessai-y. in order to prevent
the undue diminution of tlie seaMienls, and that you should insist that it
should continue. If Her Majesty's (Jovernmeut |>ays so little ri'i,'ard to the contention*
of tbe United States* Government as to refuse to respect them for a Niiii,'le season, tim
President is uiuilile to inidersta'id for what reason it sboild have been proposed and
a^jrit'd to by your Lordsliip to tfive them the status in olied by the ■iirrecinent 1<»
submit them to arbitration. It was open to neither party t ) disrei,'anl the contention
of tlie other from the date of the si;,'naliire of the above .\y:reement. It must be
assuuu'd that the object which the two (Jovenimcnts had in view was the |n'oniotion of
i;(M)d-will an I peace but; if, while arbitration is penilini,', the siibjcct-niatter is dealt
with by either of them on the basis of its own contention only, this purpose is not
attained; on the contrary, and even if it should be possible under such ciieuinstances
to proceed with the arbitration, a new .sense of injury and injustice is added.
If Her Majesty's (lovernment jirocceds this season on the basis of its contention as
to the ritfht'. of liie (Canadian sealers, no choice I'cmains for the I'liited .States but to
proceed on the basis of their own coiitident contention, that pclai^icsealiiiir is iin infraction
of its jurisdiction and projirietary li^'hts. This, in the opinion of (he ['resident,
constitutes the ijravity of the situation, and he is not williiii,' to be found
responsible for such results as may follow fntm an insistance on tbe part of eitbcr
Government durini^ this buntinu; seaw^n on the extrenu* riijhts claimed by it. The two
irreat Govi'rmnents interestt>d in tbe question would be discredited in the eyes of the
worhl if the friendly adjustment of their dilliculties, which is so nearly concluded,
were to be thwarted, or even disturbed, on account of the paltry piolits of a siiiifle
senson. Ibit if your liordshi]) persists in refusing; to join the (Jovernnient of the
United States in stopiiiujj; pdai^ic sealini; jn-omiitly, and insists upon the maintciuuijc
of free sealiii;; 1V)»' Uritish subjects, the question eo lon;.^er is one of pecuniary lo-s or
j,'ain, but one of honour and self-respect, so far as it alfocts the Government ot the
United States.
Tbe United States have projioscd to take no iirolit from the island catch, notwith-
standiiu: that (heir riitht to take seals on tbe islands is neither disputed nor involved
ill the arbitration, and to cn<?ai!;e that the take should be limited to the necessities of
the natives. Whether with or without indemnitv, they are unable to consent that the
rij,'hts of British subjects in Hehrinij's S(>:i, which an; contested, shall continue to be
exercised while arbitmtion is ])endiui,'. The President (inds it didiciilt to believe that
your liordship is serious in jiroposini^ that bonds aj^iinst the injury which may be
inflicted on the jurisdiction or property of tb«' United States shall he taken by the
United States' Government from tbe ownere of about 100 Canadian vessels, and he
must decline to discuss a sugf^estion which only his respect for your liordsbij), and his
belief that the gnivity of this discussion is fully realized by your Lordship, enables him
to treat seriously.
In order to secure the proposed bonds, the United States would have to jmrsue
owners u])on the sea, and as the condition is to be tbat "any dainai,'es which the
Arbitrators shall adjudge" shall be paid by the owners, whih^ no jiowcr to adjudgi?
such damages is given to the Arbitrators by the Treaty, the transaction would lie of
no value to the United States, and without risk to the owners. ]bit bow ever adequate
the setnirity odered, the United States' Government cannot consent to have its rights
impaired, pending their determination by a Tribunal of Arbitration. Tin; reference in
Mr, Blaine's last note to tlie inconsistency of Her Majesty's Government in denying
resjionsibilily for the acts of Canadian sealers was not meant to imply that tbe United
States would be willing to consent to the conversion of their property into a claim for
damages, particularly as the Arbitratore cannot determine such a (daim unless the
Treaty be revised. Your Lordship should bear in miud, whilst making your present
proposal, that the fact of the Arbitrators not having jurisdiction as to damages is the
result of concessions made by the United States' Government to your views.
The President fails to see how claims can, by law or equity, be brought by subjects
of either Power against their respective Governments, on account of restraints imposed
with a view to the promotion of the public good or of international peace. There is
full provision in the Treaty itself against the suggestion, that the conclusion of the
arbitration will not be reached before the s'joson of 1893. As to the Uelagoa Bay
Arbitration, your Lordship is in error in thinking that it has been proceeding for four
years. It dates from a period of less than one year ago. If the Treaty is promptly
ratified, mutual interests will be a sufficient guarantee against delay. The sole obstacle
[2981 1)
'^ 1
if ;t
\ '-^1
i|
ih
II
f
10
1o siiHi n conHUinmntion is tho prevnlcnt boliof, that Orcwt Britain'* roftisat to preserve
tlio Hiatus quo of tliP pnipcrtv, iiiui iicr insi«tiinc<* on ooMtiiiuanco of p<'Inf;ic sciilinip
(lurinif till' arliitrafion, to the injury of tlin rights of the Unit«'(l States, inr^ely «lrl'.;its
the ol)jeet for wiiieh tlie 'IVeaty was made.
The note end-* witli tlie foliowini: words: "The I'residont direets me to miv,
in conehision. that tlie inodux rirrndi of last year is the least that this (lovernineiit ciri
accept. In reiison, the restrnints after a Treaty of Arliitration should he inon;
ahsohite, not h-ss. lie does not desire to protnict the discussion, and haviiifj now,
ill the most Iriendiy sfiirit, submitted the considerations which support the just (leniMiiil
«)f this (lovernincnt, that the pniperty whieli is now the subject of an asjreed arhitratinii
shall not ne sultje<'t to spoliation pendini; the arbitration, he expresses the hope tliat
liord Sali-iliury will i:ive a prompt and friendly assent to the renewal of the mmlu.i
vivenili. 'I'lie I'resiilenI will lienr with n-gi-et that Her Afajesty's (iovernnient continues
to assert a rii,'lit to deal with this subject precisely as if no provision had been inaije
for the settlement of the dispute ; and in that event, this Government, as has already
liecn pointed out, will be coinpeUed to (h'al with the subject upon the same basis, aiul
to use every means in its power to protect from destruction ur serious injury projieity
and jurisdictional rights which it has hmsf claimed and enjoyed."
No. IR.
The Mnrquh nf Salisbury to Sir J. Pauncefote,
(TolcsTraphic.) Foreign Office, March 20, 18!)2.
IN reply to your teleijram of the 23rd instant, notice has liccn fifiven to tlic
owners of ships sailini,' Un JJehrinj;'s Sea. that both the Aj^recments which are at
present under discussion between Great liritain and the United States— that as to
Arbitration and that as to an intermediate amnfjemont — may alfcct the liberty dI'
sealini,' in Jk'hrinjj^'s Sea. They have, t! ere fore, notice of their liability to possible
interruption, and will tail subject to that notice.
The ((uestion of time is not, therefore, urgent.
Inform President that we concur in thinking that when the Treaty shall have
been ratitied there v/ill arise a new slate of things. Until it is ratified our conduct is
govenied by the l;.nguage of your note of the llth .Tune, 1890. Hut when it is
ratitied both parties must admit that contingent rights have become vested in tlie
other, wliich both desire to protect.
We think that the prohibition of sealing, if it sUinds alone, will be unjust to
British sealers, if ihe decision of the Arbitrators should bo advcree to the United
States. We are, however, willing, when the Treaty has been ratifit^, to agree to an
arrangement similar to that of last year, if the United States will consent that the
Arbitrators should, in the event of a decision adverse to the United Statts, assess the
damages which the prohibition of sealing shall have inflicted on British sealers
during the |)endeney of the Arbitration ; and, in the event of a decision adverse to
Great Britain, should assess the damages which the limitation of slaughter shall,
during ihe pendency of the Arbitration, have inflicted on the United States or its
lessees.
As an alternative course we are also willing, after the ratification of the Treaty,
to prohibit sealing in the disputed waters, if vessels be excepted from the prohibition
which produce certificate that they liave given security for such damages as the
Arbitrators may assess, in cas<! of a decision adverse to Great Britain ; the Arbitratoi-s
to receive the necessary authority in that behalf. In this case the «^stinction of
slaughter on the islands will not, in point of equity, be necessary.
Her Majesty's Government are unable to see any other than one of these two
methods of restricting seal-hunting in the disputed waters during the Arbitration, which
will be equitable to both parties.
1 .!.'-,•.
I j^ivou to tlic
Affil
11
No. 19.
The Marquia of Saliabury to 8ir J, PauneefoU.
(TeH'raphio.) Forrian Office, March 2G, 1892.
WITH rurthor reference to your telegram of the 28ra instant, I am not prepared
lo admit, aa I gather that the President thinks, that wo have objected to the
Arbitnttors having juriNdiction as to damages inflicted in the paHt hj the party against
Thoin tlie award is given. I only objected to make Her Majesty's Oovomment liable
I (or nets which they have not committed. I am ready to consent to a reference on this
point in the following terms : —
That in case the Arbitrator* shall decide in favour of the Uritish Government,
that (lovemment may ask them, further, to decide whether the United States'
GoTcrnment have since 1886 taken any action in Bohring's Sea directly intlicting
I I wrongful loss on British subjects, and, if so, to assess the damage incurred thereby.
That in case the Arbitrators shall decide in favour of the Government of the
j Unittnl States, that Government may ask them to decide, further, whcthcT the British
Government liavo since 1885 taken any action in Behring's Sea directly inflicting a
nongful loss on the United States or its lessees, and, if so, to assess the damage
incurred thereby.
«5
i (^
mty shall have
our conduct is
lut when it is
vested in the
be imjust to
to the United
to agree to an
nsciit that tlic
vtts, assess the
British sealers
sioii advei-so to
laughter shall,
States or its
of the Treaty,
Ithe prohibition
images as the
Ithe Arbitratoi-s
"^striction of
of these two
litration, which
11
1
\
t
it:
!
'ip
»;• t
I
n
1 -J
^'
I
:h.
pp
' v
90 =. ?
I: i
?
I
tyj 3^
Bl
[In C(
^i^^LlisiM^ik&k
UNITED STATES. No. 3 (1892).
FURTHER CORRESPONDENCE
«*.<-- •* ■
BI8PB0TIN0 THE
BEHRING SEA SEAL FISHERIES.
^ I:
[In continuation of "United States No. 2 (1891):" C. 6368; and including the Papers
contained in " United States Nos. 1 and 2 (1892) :" C. 6633 and 6634]
Presented to both Houses of Parliament by Command of Her Majesty.
April 1892.
U.iSS
LONDON:
r'RINTED FOR HER MAJESTY'S STATIONERY OFnCE
BY HARRISON AND SONS, ST. MARTIN'S LANK,
raiHnis iir oiDiiiABr to ■■■ iia»(tt.
And to h* pinhued, eitbw diractlj or Um>ii|h mj BookMUer, from
KTRI AMD SPUTTI8WOODE, East Hardino Stkht, Fiiit SrmnT, E.C, a.«d
32, AbINOOO!! SiMIT, WnTMIRITtB, S.W.J UB
JOHN MENZIES & Co., 12, Hanotbb STBisr, EoliiiDBaa, amd
90, Win NiLi Stbbbt, Olaioowj ob
HODGES, riGGTS, * Co., 104, GBArron Stbirt, Ooblih.
ir
■r ;t
.,..!
'[^:
! ^ I
'i
un.pj(ll
m^^
TABLE OF CONTENTS.
No.
Name.
Date.
Subject. 1
X
Sir J. I'auncefote
••
Apr. lt», 1891
Note from Mr. Blaine of the 14lh April, witli
alternative suggestions for Arbitration Con-
vention
3
Mr. C. Hawkini
• •
89.
Information as to killing nf seals, and risk of
extermination of the species
3
Colonial Office
..
May 27,
Advises joint inquiry into whole question of
sealing at sea and on land
4
If •» ••
29,
Canadian (iovcrnment agree to modus vivendi
on certain conditions . ,
5
'lo Sir R. Morier . .
Telegrapliic
June 2,
To ask Uussiau Government if they would join
in proposed modus vivendi
6
To Sir J. Pauncefote.,
Telegrapliic
2,
Proposes terms of mndus rivendi
7
Sir J. Pauncefote .
Telegraphic
2.
Possible objections to clause 1 of above proposal
8
To Sir J. Pauncefote, .
Telegraphic
2,
Answer to N". I. Accepts first fi- e points pro-
posed. Alternative for si' th point and
suggested compensation clause
9
To M. de Staal
••
9,
Asks consent of Russia to temporary suspen-
sion of sealing
10
Sir J. Pauncefote
Telegraphic
3.
Answer lo Nos. 6 and 8 Communication made
to United States' Government
11
To Sir E. Malet
3,
Is German Government nufficiently interested
to be invited to concur in suspension of
sealing?
12
Sir B. Morier
Telegraphic
4,
Answer to No. 3. Russian Government havn
not heard from United Stales' Government
on the suliject of modui vivendi . .
13
Sir J. Pauncefote
Telegraphic
4.
Answer to No. 6. Alternative proposals of
United States' Government for terms of
modus vivendi
14
To Sir R. Morier
Telegraphic
5,
Refers to No. 12. Would be glad to know
views of M. de Gi irs . .
13
To Sir J. Pauncefote
Telegraphic
3.
Answer to No. 13. Observations on United
States' proposals
IC
Sir J, Pauncefote
Telegraphic
6,
Answer to above. Terms of modus vivendi as
finally proposed by United Stales' Govern- j
ment . . . . . . . . |
17
ti »
• '
May 28,
Note from United Stales' Government asking '
for early reply to their communication of |
4th May proposing modus vivendi, and reply
thereto
Protest against mcdus vivendi from British
18
Colonial Office
June 8,
Columbian Board of Trade, and proposed !
reply . . . . .,'
19
Sir K. .Morier
Telegraphic
8,
Views iif M. de Giers on modus vivendi
20
To Sir J. Pauncefole
Telegraphic
8,
Answer to No. 16. Her Majesty's (iovcin-
meut will assent to modus vivendi in teiins
of following No. . , . !
31
M II . .
Telegraphic
8,
Terms of modus vivendi . ,
22
Sir J. Pauncefote . .
Telegraphic
8,
Draft of modus vivendi delivered lo United j
.States' Government .. ,,
33
ii »» . .
Telegraphic
9,
Reply of United States' Government lo above.
Further alterations desired
24
To Sir K, Morier . .
Telegraphic
9,
Grounds en which Russia is asked to forbid j
selling this year
25
To Sir J. Pauncefote..
Telegraphic
10,
Answer lo No. 23. Assents lo alteration of {
Articles 2 and 3. Arrangement as to .loint 1
Commission cannot be left in doubt
26
Sir J. Pauncefote .,
Telegraphic
10,
Refers to No. 23. Recommends acceptance of
first four Articles with alterations luggested
27
11 11 ••
Telegraphic
10,
Insertion made by United States' Government
in Article 2 ..
28
Sip K. Morier
Telegraphic
10,
Refers to No. 24. Could Russia stop British
sealers ?
29
I'o Sir H. Morier ..
Telegraphic
10.
Answer to above in affirmative
ZO
Til Colonial Office .,
. •
10,
Answer to No. 1 8, Concurs in proposed reply
to British Columbian Board of Trade
31
To Sir J. Pauncefole. .
Telegraphic
n.
To obtain written assurance as to Joint Com-
mission before signing modus vivendi
nge
1
iS
6
7
7
8
N
10
10
10
12
13
ai
5,)
13
Vi
M
U
ib
H
56
14
57
15
58
5D
l.i
60
li
61
16
16
62
16
(l:)
16
14th April, with
Arbitration Coii-
■ealsi and risk of
lole question of
o modus Vivendi
f they woiiUl jo
ndi
of above proposal
Bt five poll' £8 pro-
si- th point and I
II Sf
emporary siispcn-
niniinication made
ent ..
iciently interested
in suspension of ,
Government have {
tatea' Government
vendi . .
tive proposals of
ent for terms of
be glad to know
irations on United
..
modus Vivendi as .
States' Govern-
overnment asking '
communication of '
vendi, and reply
di from Hritish
ide, and proposed
due Vivendi
Majesty's (ioveni-
Vivendi in terms \
livered to United
ernment to above.
s asked to forbid
:s to alteration of
[ement as to Joint I
in doubt . I
Mids acceptance of {
etations suggested [
tates' Government I
lussia stop British
in proposed reply
■d of Trade
as to Joint Com-
du$ vivindi
lABLE OF CONTENTS.
m
No,
32
33
34
33
3G
37
38
39
40
41
42
43
44
45
46
47
4S
49
oO
SI
3:>
J:!
J4
Sf)
S6
Name.
5/ Sir E. Malet
64
Sir J. Pauncefote
To Sir J. Pauncefote .
Colonial Office
To Sir J. Pauncefote
Sir J. Pauncefote
To Sir J. Pauncefote..
Sir J. Pauncefote , ,
Sir R. Morier
Sir E. Malet
Sir J. l':iuncefole
Admiralty ..
To Sir R. Morier
Sir J. Pauncefote
»• »'
Colonial Office
To Sir U. Morier . .
» n '•
To Colonial Uflice .,
Sir J, Pauncefote
To Sir J. Pauncefote, .
Sir J. Pauncefote
To Sir J. Pauncefote .
Admiralty . .
Council Office ,,
Sir R. Morier
To Sir G. Baden -
Powell and Dr. Daw-
son
Sir J, Pauncefote .,
Telegraphic
Telegrajihic
Telegraphic
Telegraphic
Telegraphic
Date.
Teleginphic
Telegraphic
Telegraphic
I'elegraphic
Telegraphic
June II, 1891
12,
13,
13,
13,
14,
14.
5,
10.
12,
15,
16,
17,
9,
9,
17,
18.
18,
19,
19,
20,
20,
21,
12,
18,
28,
22,
24,
24,
24,
16,
18,
SUQJECT.
r672]
Answer to above. United States' Government
will sign Agreement for Joint Commission
simultaneously with Arbitration Agreement. .
Answer to No. 17. Approves reply to United
States' Government
Telegram to Canada asking views as to selection
of liehring's Sea Commissioners .
May »\itn modus vivandi Agreement on under-
standing; that there is no delay in appointment
of Joint Commission
Answer to No. 31. Reply ol United States'
Government as to Joint Commission. Pro-
poses to sign modut vivendi Agreement
Answer to above. Authority to sign modus
vivendi .. . . . . . .
Modus vivendi signed
Memoranda delivered to United States' Go-
vernment respecting modus vivendi and
Arbitration Airreements
Note from United States' Government nf the
4th June respecting modus vivendi
Coinmunicationn with .M. de Giers respecting
modus vivendi ,, .. ,.
Aiiswer to No. 11. German Qovcrnment not
sufficiently interested to take steps for
obtaining assent of Reichstag to modus
vivendi Agreement
Prorlamatiiin of President enibodyiu!; modus
vivendi . . . . .
'J'elegrains sent to C'ommander • in - chief in
China and Senior Naval Officer at F.squi-
malt .. .. ..
Conversation with Russian Ambassador as Ui
suspension of sealinjr .. ..
Memorandum delivered to United States' 'Vo-
vernment respecting^ modus vivendi
Note of the Oih June from U<iited States'
Government respecting tnodiis vivendi
Protests against modus vivendi from Board of
Trade and Premier of British Columbia, and
from owners of sealers. Proposed reply . .
Refers to No. 34. Heply from Canada as to
British Commissioners. Concur in selection
of Sir G. Baden-Powell and Dr. Dawson ..
Sends copies of text of modus vivendi. Copy
as signed will be sent for communication to
Russian Government
Approves proceedings as reported in No. 41 .
Answer to No. 48. Concurs in proposed
reply to protests from British Columbia . .
President returns to Washington on 23rd June,
when negotiations will be rosnmed
Approves Memorandum to United States' <io-
verninent inclosed in No. 46
Summary of instructions to United States'
crnizers under modus vivendi
Correspondence with United States' Govern-
ment respecting modus vivendi . , , ,
Refers to No. 42. Modus vivendi will be pub-
lished in official Gazette with injunction to
German subjects to observe Regulations
Summary of instructions to British cruizcrs . .
Co)>y of iiisti-uctions tu Senior Navul Officer
at Esquimau .
Copy of Beh ring's Sea Order in Council
Asks if Contracting Parties to modus vivendi
can seize vessels or persons other than
British or American
.Appointment us Commissioners, and general
instructions .. .. .. ..
Notes to United States' Government as to
rnndition on which modus vivendi will be
signed . . . .
Modus vivendi Agreement as signed
a 2
Page
16
17
17
18
18
18
18
19
20
21
23
23
23
25
25
26
28
?9
30
30
30
30
31
SI
31
35
35
36
37
37
88
39
^
I ■
lli'
t. M
•! ,
:(■ ~
TABLK or 0ONTEMT8.
No.
65
66
67
Name.
Sir J. Paitncefote . ,
To Sir R. .Morier
68 I To Sir J. Piuncefote. ,
G9
70
Sir J. Piunccfole
71 j To Sir J. Paiincefote..
73 I Sir J. Paiinrefole . .
Felpgraphic
Telegrapliic \
Felagraphic ,
Telr^raphic |
Trlfgraphic |
IVIrgrnpliic
74
Tn
Sir
Powell
G. Baden
and Dr. Daw
75
Sit
ion
R
M
Drier
7fi
Sir
J.
Pavincerote
77
)1
II
78
**
i>
79
tl
II .
80
Date.
To Sir J. Pauncefote.
81 Sir J. Paiincetbie
82
83
84
85
86
87
83
89
90
91
9-'
03
Telegraphic
IVIegraphic
IVUgrapliic
Telegraphic
Telegraphic
Sir G. Raden-Powell .
To Sir J. Pauncefote .
•Sir J. Pauncefote
To Sir G. Baden-
I'owellandDr. Daw-
Fon
To onial Office
To Sir R. Morier .. Teligrapliip
Sir .1. Pnuncerole ,. .,
To Sir J. I'aiincet'ote. , Telegr.ipliic
To Sir II. Mnrier
CVimial Ollice
.lune 16, 1>>91
2.',
26.
28,
. 26,
26.
26,
27,
27,
IS,
21,
o->
" ",
23,
July 4,
5,
June '2b,
2C,
Julv 6.
6,
June 27,
Julv 9,
9.
9.
0.
Subject.
H»i
Proclamation Af President giving eifect to
moduli vieendi
Substance of note from United States' Govorn-
meiit of 2Sth June respecting Arbitratinn
Agreement (see No. S2)
Answerti to No 61. Powers of seiiurn under
mudus Vivendi Agreement confined to suli-
ject< or citizens of two Contracting Poworn
To obtain leave for British Commissioners to
visit PribylolT Islands .
Leave to visit Pribyloff Islands will be sent
to-day
Letter receiveil giving leave to British Com-
missionera to visit PribylofT Islands
liefera to No. 56. Approves notes to United
States' Government
Copy of telegraphic iislructions to Urii'sh
cruiiers (see No. 44) ..
Suggests compensation clause, and proposes to
sound United States' Government respecting
it ..
Informs of permission to visit PribylofT
Islands . . . .
Question of Russia joining in trfdus vimmdi
still under considenition
Copy of instructions to United States' naval
atiicers
Cori'cspondence in " Washington Post " and
"New York Times," containing protest of
North American Commercial Company
against limitation of seal catch . .
Memorandum of instructions to British crui/.ers
delivered to United States' Government
United States' Government are about to
appoint two Commissioners to visit Behrinii's
Sea. Suggests that they should make
observations jointly with British Cuni-
missioners . ,
.Answer to above. Ship already engaged to
convey British Commissioners. They will
be instructed to co-operate ^ ith United
States' Commissioners . .
Interview with Mr. Wharton, and pnstponen:eni
of negotiations till return of President to
Washington .. .. .. ..
Note from United States' Government uf the
;i5th June, with jiroposals for rlau;es as In
close season and coiopensution, and form ut
Joiiit Commission Agreement
Asks lor permit to visit Russian islands
Approves compensation Article suggested in
No. 73, and accepts 6th Article as proposed
by United States' Government . .
AsUs if Joint Commission Agreemeni is
accepted by Her Majesty's Government
Copies of Nos. 79 and 80. To ro-oiicratc as
much as possible with United States' Co.ti-
missioners ..
Sends supplement to Annual Report of Canadian
Department of Fisheries, calling attention lu
passa^ies respecting seal Bslieries . .
Asks permission for Uritish Commissioners tu
vlnit Russian islands . .
lielers to No. 58. .Memorandum of iu>ti no-
tions to British naval officers acknowledgi'il
by United States' Government
.Answer to No. So. Joint Commission .Agree-
ment accepted by Her Majesty's Govern-
ment •• •• •• ••
Sends copy of modus ueendi Agreement
Telegram from Governor-General as to move-
mtnts of British Commissioners . .
Telegram sent to Gov^rnor-GeneMl in reply to
above .. •• ••
'?»
40
41
41
4>
42
42
42
■•3
i 5''
I n
16 1
I 5-|
41
105
1
1
44
1
t
106
4C
107
48
i
lOS !
4i)
1(9 :
110
49
111
.'0
11.1
114
52
ll.i
lit;
117
52
lis
52
1!9 '
1
"
150
121 1
J
:32 !
i3.1
H»ge
ifing efTect to
States' Govern-
ing Arb'imtion .
>f neiiurn under
:onfined to »»h- •
racting Powprn |
ommiaaioneri to ;
ida will be aent
to British Com-
Itlanda
notes to United
tions to Uril'sh
, and propose!! to
iiment refpecting
visit Prilivloff
n nf^dui vimiidi
ited States' naval
igton Post " a III!
ainini; )irote5t of
lercial Company
Itch . .
to British cruizers
Government
It are abont to
1 to visit Behrin;;'*
ey should make
i' British Coin-
ready en|;sged to
ners. They will
ate t ith United
and pnslponen.ent
of President to
loveriinient uf llu'
for rlaiijcs a» tn
ation, and form ot
ent
ian inlands
jcle suggested in
.rticle as proposeil
lent
n Agreenicni i*
Government
To ro-o|jcratc a»
lited btaies' Cuni-
40
41
41
41
43
42
42
42
ja
41
44
4G
48
.'0
50
62
.03
iieport of Canadian
:alliDg attention to ^
iheriei . . ..j 53
Commissioners to ;
. . i jo
andum of in>tiuo- 1
cers acknowledgi'il .
lent . . . . ' ..i;
ommitsion Apret-
lajesly's Govern
J Agreement . . ]
eneral at to move- '
loners . •
ener:il in reply to
.if.
5'
TABLE or 00MTENT8.
So.
Name.
To Sir .1. Pauncefole. .
Sir J. Faunnefote
9C I Colonial OITice
97 Sir R. Morier
<|R I i> >•
99 I 'i'o Sir J. Pauncefote..
lOO ! Colonial Office ,
101 To Sir II. Morier
10.) ' I o Colonial Office
Telegraphic
Telegraphic
Telegraphic
Date.
July 10, 1891
10,
10,
7,
n
103
Sir (>. Htden-Powell..!
;04 Sir U. .Morier
105 j To Sir H. Mcrier
106 liehriiig's Sea Com-
missioners
lo; »
lOS Colonial Office
1C9 Biliring's Sea Com-
missioners
110 Sir J. Pauncefole
111
11,1 I To Mr. Fraser
114 Sir U. Morier .
1
ll.i 'I'o Sir J. Pauncefote .
||(i Mr. Howard
Tclegrnpliic
Telegraphic
Telegraphic
I'eUgraphic
To .Mr. Howard
Sir J. Pauncefole
Mr. Howard , .
Colonial Office ..
Behring's Sea Com-
mi'sionera
To Sir J. Pauncetote. .
117 I
I
118 I
i
n9
no
121
iJ.T
I23»i Sir G. Baden-Powell..
1'.'4 Sir J. Pauncefote
1?,
Id,
5,
17,
17.
7,
7.
31.
Telegraphic
Telegraphic
Telegraphic
Telegraphic
9.
14,
23,
24.
22,
27,
£9,
31,
24,
29.
Aug
I,
July
16,
Aug
.12,
23,
8,
23,
Siin,iKCT.
Page
Informs of above teleerams ,. .. A7
DiscuMion as to compensation clause. Inquiry
of the Preaidenl, snd proposed irpty •• 57
.Assent of Her Majesty's Gnveriinient to
Kii>sian proposals conditional on the aaree-
ment of the United SlAte* i. .. !ii
M. de Giers' repiv to notes transmitted in
No. 41 .. ■ ,. .. .. 68
CoDV of note to M. de Giers in the sc.i<e of
No. 88 .. .. „ .. 59
.Approves No. 95 .. .. ..60
Copy of despatch from (iovernnr-General of
Canada, inclosing letter from IVitiah
Columbia Sealers' Association, setting forth
objections to the passing of the Behring's
Sea Seal Fishery Act. Proposed reply to
Governor-tieneral . . . . . , 60
Approves action reported in No. 99. . .. 64
Concurs in reply to Governor-General as pro.
posed in No. 100 .. .. .. C4
Paraphrase of telegram requesting permit to
visit llossian islands . . . . . . 64
Instructions will doubtless be tent to Governor
of Vladivostock to grant facilities to our
Cominissioners ,. .. ,.64
Acknowledges No. 97. Her Majesty's Govern-
ment do not think that such an arrangement
at that proposed by M. de Giers would be
desirable ., ., .. .. C!i
Acknowledges Nn. 62 .. .. .. 6o
.Acknowledges No. 74. Copy of letter from
Treasury Department, Washington, giving
permission to visit the Pribyloff Inlandii . . 6i
Copy of despatch from (lOvernor-General of
Canada reporting the public,.ition of the
Agreement for a modus vivendi . , . . 66
Information required from Japaneee Govern
ment .. .. .. ..68
Copy of note to .Mr. Wharton in sense of
No. 99 .. .. .. .. 69
Refers to No. 110. Summary of note from
United States' Government (Inelosure in
No. 117, in/'o.) •■ •• ..69
Asks for information requested in No. 109 .. 70
Copy of note to A. de Giers in sense of
No. 105 .. .. ., 70
ApprovrsNo.no ... ..71
Refers to No. 104. Ruttian Government have
given necessary permisticn for British Com-
missioners to visit the Russian seal fisheries. 71
I Acknowledges No. 115. To thank Russian
I Government .. ,. .. .. 71
Copy of reply from United Stales' Government
to note of i.''th July (sent in No. 110) .. 71
Refers to No. 1 15. Copy of note from M. de
Giers .. .. ..74
Copy of despatch from Governor-General of
Canada on Mr. Hawkins' letter (No. 2) .. 74
Report of proceedings . . , . . . 76
Refers to Ko. 118. Her Majesty's Govern-
ment (annot arrepl doctrine implied in modi-
fication of the Vlith Article as proposed by
Mr. Wharton . . . ;6
To recapitulate grounds on which Her
Majesty's Government cannot agree to
modification of Article VII ns expl.iined
in above, and make new proposal .. 77
Take of seals ia in excels of 7,500.. .. ;7
It writing unofficially to Acting Secretary of
State in sense of No. I'JS .. ..
il
■r ' ■
1,-
r.
; t
-t ir:
.1
TABLE OF OON'JKNfS.
No.
1J5
136
137
12S
12!>
130
131
132
133
134
13 •>
13C
1.17
188
139
1-10
141
142
143
144
145
146
147
14S
no
151
152
193
154
1S5
156
137
)SS
To Sir J. Pauncefole.
Sir J, Pauncerote
Behi'in|;'» Sea Com-
missioners
Sir J. Pauncefote
Colonial Office
To Behring's Sea Com-
missioners
Sir J. Pauncefote
Si- a. Ikden-Powell
Sir .1 Pauncefote
To Sir J. Pai'.ncerote .
Colonial OfSce ,.
Hchiinp'- Sea Com-
inisjiionrr:!
U«le.
Telegrapliic Aug. 36, IS91
20,
28,
o,
rdegraphic
Telejrrapliic
Pi'legrapliic
Telegraphic
Sir ,1. Pauncefote . . Telogr.ipliic
i
Memorandum bv Sir
G. Baden- Powell |
To Sir J. Pauncefote jTelegraphic
Sir J. Pauncefote ..jTelegraphic
I
To Sir J. Paunccfite. . Telegraphic
Sir J. Pauncefote
'Telegraphic
To .Mr. Howard
Colonial Office
Sir J. Pauncefote . .
Colonial Office ..
To Behring's Sea
Commissioners
To Sir G.Baden- Powell
Sir J. Paimccfote .,
Bt'liiinj's Sea Com-
inissiouers
TrlFgrapliic
6,
Sept. 8,
10,
12.
4,
10,
Oct. 8,
12,
15,
16,
Sept. 17,
17,
Oct. 19,
Aug. 10,
Oct. 20,
20,
21,
12,
13
23,
21,
26,
19,
20,
do,
30.
31,
14.
19.
SunjRcr.
To inform United States' (iovemment of Sir
G. Baden - Powell'* report of excessive
number of seals taken, and ask that tlic
Agreement may ho strictly observed
President does not consider it necessary to
raise question of mutual indemnities unl,^is
it should arise
Refers to No. 124. Private and unofficial
letter to Mr. W'Imrton sut;geslin<r compcnsa-
ticm clause
Inquiry from Mr. Wharton when reply as to
compensation cliiuse may he expected
Seals killed in ekcus* of '.,500 limit. Result
of inquiries, and letter to United States'
Treasury Agent .. ,. ,,
Reports visit to Pribyloff and other islands . .
Substance of private and imoffioial note from
Mr. Wharton respecting compensation
clause (see No. 185)
Report by Minister of Marine and Fisheries
relating to seal life on Pribyloff Islands
Approves proceedings reported in No. 130 ..
United States' Government informed of ex-
cessive number of seals killed
Private and unofficial note from Mr. U'iiarton.
President's reply to proposals in Vo. 123
Reports return of Commission to E^quimalt
United States' (ioverninent pross foi' reply to
llieir note of 2:ird .Inly. IVo;:o.-es replving
officially in »cn«e of private li tier to Mr.
Wharton of 2()th August (sec No. 127)
Answer to al>ovc. To proceed as proposed . .
Communications with Uritish Columbia
Sealers' Association
Report visit to Russian islands
Report of proceedings up to date . .
Refers to Nos. 137 and 138. Alternative pro-
posals of United States' Government res-
pecting compensition clause
Limitation of catch of fur-seals under modus
Vivendi Agreement
.Answers >io. 142. Second clause suggested
by United States' (iovemment accepted
Asks if Joint Commission Article may be
signed
.Answers above. .May si'jrii Joint Commission
Article
Reply of United States' Government respecting
excessive number of .seals taken, and obser-
vations thereon . , . . . ,
letter from .Mr. Wharton pressing for reply to
United St:ites' Government's note of the
23rd July (see No. 137)
Interchange of notes recording adoption of
seven Articles of Arbitration Agreement ..
To thank Russian Government for reception
of British Commissioners on Russian islands
Memorial from British Columbian Sealers'
Association
Official reply sent to United States' Oovern-
raent in reply to their note of 23rd July . .
Return of Behring's Sea Gommiasionerg to
Ottawa ,. .. ,,
Copy of reply of United States' Government
respecting excessive number of leals taken
(see No. 147). Asks for observations
Acknowledges Memorandum on limitation of
seal catch (see No. 143) with thanks
Proposals by .Mr. Blaine for constitution of
Tribunal of Arbitration
Report of proceedings. Investigations com-
pleted . . . .
Observations on excessive numl>er of seals
killed on islands . .
77
78
79
80
80
82
82
83
88
88
to
89
89
90
91
92
93
93
97
97
9?
97
101
102
102
102
105
106
106
107
107
107
108
• .ii^jkLji4ili ■.
K-if
flnil unofficial
still;; conipcnsB-
Dther iilands
fBcial note from
; compensation
le and Fisheries
'loff Islands
! In No. 130
bvernment res-
Is under modus
lauie suftgested
■nt accepted
Article may be
• • ••
9int Commission
imenl respcctiii;;
ken, and obser-
• • • •
sing for reply to
I's note of the
ng adoption of
Agreement , .
nt for reception
llussian islands
imbian Sealers'
States' Govern-
if 23rd July . .
ommissioners to
' Government
of seals taken
iservations
an limitation of j
h thankg .. i
constitution of I
estimations coni-
uml>er of ^eals
TABLE OF CONTENTS.
VU
•No.
Name.
Hnle.
SUIIJECT.
Pac
IS9
Hehrlnn's Sea Com-
Oct. 21, isai
Sends .Meiiioiial from V.incoiivi'r Sealers'
nii'sinnvrs
Anocialion, nni! rpply
108
160
Sir J. l'auncefot(<
■•
2 J,
Si nils imipa reroi'iliiig mlnptiiin of ruven
A rticli's of .Arbitration \grccnn'nt
109
161
To Colonial Office , .
••
Nov. 2,
Copy of No. luO. Asks views as to cons'.itu-
tion of Arbitration Tribunal
112
162
To Sir J. Paunoefoie. .
••
c,
A]iproves -lote respecting seven Article? of
Arbitration Agreement (sec No. 160)
112
163
To I3ehrin;('s Sea
,,
6.
Approves reply to Vancouver Sealers' Associa-
Commissioners
tion (see No. 159)
ll'i
164
•1 »
. .
6.
Acknowledges No. 137. .Approves pro-
ceedings
112
I6S
A(hnir»lty ..
iO,
Copy cf Uepoit friiin Commander-in-chief on
I'ttcific '^tntion. Propoes to approve pro-
ceedings of Cuniinanders of '• Nyniplii-,"
" Porpoise." and '' Pheasant " . .
113
166
Sir J. raiinccfolp
IVIi'ur.iphic
!f,
Mr. Uliiine's views as to choice of Arbitrators
anil place of fitting
116
167
To Admiralty
••
15.
Coneiirs in proposal conveyed in No. IG5
117
168
Sir J. I'aiincefole ..
IVIegmphic
21,
Dati' iipnointetl for signature of the Aibitnition
Agroiinent anil Joint Commission .Article.
Sucge.strd headings for these Articles
117
169
To Sir J. Pauncefote. .
Telegraphic
22,
.Vntliorily to si^ii, ranking at the time two
refervutions in regard to Clause 6
117
170
Sir J. Pauncefote , ,
• •
13,
Copies of a narrative by a correspondent of
the " New York Herald " of his voyage to
Kehring's Sea. .
117
171
.. »
Velegiaphic
24.
Mr. HIaine's objections to reservations in
No. i 60, and inquiry as to the cessation of
sealing after 1st May, pending the adhesion
of the other Powers
120
172
i> 11 ••
Telegraphic
27,
Mr. Blaine's replv to reservations in No. 169
(Inclosure ill No. 179, in/ra) .. ..
120
173
To Sir J. Pauncefote. .
Telegraphic
29,
Refers to No. 172. The first reservation
may be waived. Suggests a provision tu be
substituted for the second reservation
121
174
Sir J. Pauncefote
. .
23,
Copy of note to Mr. Blainr in sense of
No. J 69
121
175
i» », . •
Telegraphic
Dec. 3,
Substance of Mr. Blaine'i reply to proposal in
No. 173
122
176
Behrins;'s Sea Com-
missioners
Nov. 25,
Observatiotis on correspondence transmitted
in No. 154 respecting the number of seals
killed on the Pribyloff Islands during season
of 189. in excess of 7.500
122
177
To Sir J. Pauncefote
, ,
Di'c. 5,
.Approves terms of No. 174
124
178
Sir J. Pauncefote
••
Nov. 27,
Further details of interview reported in
No. 171 ..
124
m
tt ti , •
, ,
27,
Mr. Blaine's reply to note in No. 174
125
180
To Sir J. Pauncefote .
Telegraphic
Dec 7,
Refers to No. 175. Her Majesty's Govern-
ment agree to drop the second reservation nt
this stage, retaining the right to raise the
l)oint before the Arbitrators
126
181
Sir ,1. Pauncefote
. .
'■
Copy oi note to Mr. Blaine in sense ol
No. 173
126
182
11 *» • •
Telegraphic
10,
Substoiice of Mr. Blaine's reply to No. 180.
.**hall he sign Agreement subject to reserva-
tion mentioned in No. 1. SO?
127
183
To Sir J. Paunctfote..
Telegraphic
11.
.Authority to sign as suggested in No. 182
128
184
Sir J. Pauncefote
Telegraphic
H,
Mr. lilaine's note objecting to any rf servation .
128
185
ToSir J. Pauncefote..
Telegraphic
16,
Did not make any rescrviition. .Authority to
sign the Agreement
128
186
Sir J. Pauncefote
Telegraphic
17.
Is addressing a note to Mr. Blaine a* instructed
in No. 185..
139
187
If If • •
Telegraphic
18,
Reports signature of Arbitration Agreement
and Joint Commission Article
129
188
•» fi • •
.*
10,
Text of notes exchanged with Mr. Blaine on
the subject of the proposed reservations to
Article VI ..
139
189
H 1* ••
,.
10,
Extract from President's Message to Congress. .
131
m
It »l ••
••
n.
Note to Mr. lilaine in sense of Nos. 180 and
183..
.32
191
l» l» ••
Telegraphic
22,
Mr. Blaine's suggestion as to the ni'mber ol
Arbitrators
132
mmmm'
II
fff^
M ■
i-
m
Ko.
193
193
194
195
196
197
198
199
200
301
303
203
304
305
1206
207
208
2C9
210
211
312
213
214
315
316
217
218
319
330
TABLB or CONTBNXa.
N«in».
Sir J. I'aiincerote
D«ic.
SUBJKCT.
I>ll|,
To Sir J. Paiincrfotp.
Sir 3. Ptiinoefole
To Sir (i. Dadrn-
Powell
To Behrin^'s Sea Com-
miiaioneri
Sir G. Baden- Powell..
Sir J. Pauneefote
Telegraphic
Telegraphic
Telegraphic
Telegraphic
Telegraphic
i'elegraphic
Telegraphic
Telegraphic
.. jTelegrapliic
llehrins's Sea Com-
missioned
Colonial OfBce
Behring'9 Sea Com-
missioners
*• •'
Sir J. Pauncefote
To Sir J. Pauncefote.
Sir J. Pauncefote
To Sir J. Pauncefote..
Behring's Sea Com-
missioncrn
Lord Stanley c' Pres-
lou to Lord Knuts-
ford
Sir J. Pauncefote
Telegraphic
Telegraphic
Telegraphic
Telegraphic
Telegraphic
I'elegraphic
Telegraphic
Dec.
Jan.
Dec.
•Tan.
Feb.
Jan.
Feb.
Jan.
Fel>
15.
l»,
IS.
SO,
2,
23.
4,
13,
14.
14,
IS.
I.
I.
29.
9,
10,
29.
1,
4.
5.
16.
17.
18,
20,
1?.
•--3.
25,
1891
1892
1891
1898
Text iif Mr. Blaine's note of 14lh December,
and of Sir J. Pauncsfote's reply . ■
Teat of note to Mr. Blaine of 18lh December. ,
lieports ■ignalurn of Arbitration Agrcv-
nient nnd Joint Commission Arlirle
Text of tlie seven Articles of the Beliring'n
Sea Arbitration Agreement, and of the Joint
Commission Article as signed
To make it clear that Her Majestjr's Govern-
ment urge the appointment of seven
Arbitmtors . . . . . .
Can any date be fixed fcr the meeting of the
Joint Commission ?
Joint Commission can meet tt the earliest dale
permitted by the other public duties of the
American Commissionert
Census bulletin relating to marine mammalia
fishing industry of United States..
President cannot consent to meeting of the
Joint Commission until the remaining delaiU
of the Arbitration Agreement are settled . .
Mr. Blaine most anxious for the immediate
meeting of the Joint Commission nt
Washington ,, .. .. ,.
Important that the British Commissioners
should proceed to Washington at once
Desirable that he should proceed to Washington
as soon as possible
Transmits Queen's Commission, and gives
instructions . .
Arrival at Washington with Dr. Dawson , ,
Heports arriral of British Commissioners
Copy of note to Mr. Blaine of 21st January
accepting proposal as to choice of foreign
Arbitrators ..
Ha^ forwarded a draft .<Vrbitration Convention
embodying Joint Commission. Mr. Blaine
pressing for renewal of modui vivendi
Have begun informal meetings with American
Commissioners . .
Suggests consulting Cinadiar Government as
to renewal of modut vivtnd' . . .. '
Acknowledges No. 203. Are proceeding to
Washington .. .. .. ,,
Report arrival at Washington
Text of draft Arbitration Convention proposed
by Mr. Blaine .. .. ,J
Mr. Blaine pressing for another moiiw vivendi,
to take effect from the expiration of the
present one , . . . . . , .
Draft Convention submitted to Law Officers. '
Entire prohibition of sealing does not seem
necessary . .
Mr. Blaine urges consideration of mcdus
vivendi by Joint Commission. Can neces-
sary authority be given?
Joint Commission may eoniider modut vivendi,
but Her Majesty's Government must reserve
right of action . . . . . .
Her Majesty's Government prepared to accept
draft Convention in No. 313 subject to
certain amendments . .
Began formal meetings on lith February ..:
Canadian Government have no information .
showing necessity of modut vivendi. If Her
.Majesty's (lovernnient have such information
Canada would not object to xone of 25 miles,
if accompanied by restrictions as to seslini;
on land . . . . . .
Communication made to Mr. Blaine in &ensc ot
No. 214. Substance of his reply pressing
tor modue vivendi ,. ,,
I. 'la
131
1.14
136
i;j6
136
I3S
137
137
137
138
138
139
139
139
13»
140
140
140
141
Ml
Nil
• laeeting of the
.. 1
the earliest date
lie dutiea of the
.. 1
larine mammalia
jtatei . . . . I
meeting of the
remaining delaiU
mtareiettled ..
It the immediate
Commission nt
• • ••
1 Commissioners
ton at once
>ed to Washington
ssioD, and gives
>r. Dawson . , :
immissioners
I of 2 1 St January
choice of foreign
ration Convention
lion. Mr. Blaine
Jut vivtndi
g» with American
GoTernment as
Lre proceeding to
nvention proposed
ler modut vivendi,
'xpiration of the
.. Ml
to Law Officers. '
me does not seem
^ .. 11-]
ration of mcdus
»ion. Can neces-
.. m:
ier madut vie0ndi,
ment must reserve
.. u:
irepared to accept
213 subject to
'e no information ,
It vivtndi. If Her
e such information
tone of '25 milei,
tioiis as to seolini;
Blaine in sonsc ot
his reply pressing
TABU or COMTKNTR
.!«
^(l.
.N'ame.
Date.
Feb. 36, 189:;
SUHJKCT.
Page
3:21
Sir J. Pauncefote
Telegraphic
St'iiil!! verli'ilim |iiinigra|ili Iroiii .Mr. Blaine's
nnit* ri-)'rrrvil to in nbovi' ... 1 44
'm
»> 11
Telegraphic
26,
Opinion I'f Mrilish Cuminisiioner!i us tn mudut
vh'rndi. Nu serious risk of depletion this
yi'iir, liut limited temporary measure rciom-
nii'iMlcd
144
m
To Sir J, Pauncefote. .
Telegraphic
27,
Iler Miijt'siy'a (iovernmeiil have nu Infnrina-
tinn to show necessity of moitus rivmdi two
yenrs running. Coniproniiso suggested in
No. Ti'i may b ■ proposed
145
iH
Sir J. Pauncefote
Telegraphic
26i
.Mr. lllnine learns that forty-six sealers have
cleared for Hehring's Sea
145
22.-.
i» tf • •
Telegraphic
27,
Convention will lie sipncd on Monday
146
•m
11 ti ••
• •
18.
Notes exchanged with Mr. Ulaiiio as to the
melting of the Joint Comniission .
146
227
If »•
18,
Correspondence with Mr. lllnine and the British
Commissioners as to power of .loint Conimis-
Kioii to diiiciiss the question of a modut
Vivendi for next season .
1.50
228
n »• ••
Telegraphic
«9.
Arbitration Convention signed. Shall exchange
ut ratilicatiuns take place in Washington or
l.iondon ?
151
229
To Sir J. Pauncefote..
Tolegraphic
Mar. 1,
Exchange of ratifications can be carried out
more (juickly in Lonilon, To telegraph
when Convention is approved by Senate
151
2,1(1
It i. . .
3.
Approves proceedings reported in his despatch
of l8th Pcbrniiry
152
■.■31
Sir .). Pauncefote
Feb. 28
President has issued the Behring's Sea Pro-
clamation in the same terms ns heretofore . .
152
m
Sir G.Haden- Powell..
Telegraph ic
.Mar. 4,
Have signed Joint Report to-day
163
m
Sir J. Pauncefote
Feb. 26,
Text of notes summarized in Nn. 220
153
■>n
II II
Telegraphic
Mar. 8.
Reply of United States' Guvernmeni to pro-
posal in No. 223. Urges necessity for
miiilua vivendi in order to preserve value of
property pending arbitration
154
235
To Sir J. Pauncefote, .
Tclepraphic
d.
To repeat above to (Jovernor-General of
Canada
154
236
Sir J. Pauncefote
Telegraphic
Di
Convention sent to Senate yesterday and
referred to Committei on Foreign Affairs ..
154
2,17
II If ••
• «
1.
Test of iiute to Mr. Blaine in sense of
No. 223
154
23.S
Sir G.Baden-Powell..
Telegraphic
9,
Expresses opinion that renewal of modus
vivtndi, though not necessary, would be
beneticial
155
239
Sir J. Pauncefote
••
4.
Text of Behring's Sea Arbitration Convention
as signed
156
240
To Sir J. Pauncefote. .
Telegraphic
15,
To repeat to Governor-Cieneral of Canada
telegram from Sir G. Baden-Powell of 9th
March
159
241
If II . .
Telegraphic
18,
Answers No, 234. Renewal of modut vivendi.
.May give ground of complaint by British
sealers if Arbitrators decide in their favour.
Suggests thai sealing should be permitted
to vessels giving security for any damages
awarded by Arbitrators .
159
242
Lord Knutsford to
Lord Stanley of
Preston
Telegraphic
18,
To direct port authorities on Pacific to warn
owners of vessels who have cleared, or are
clearing, for Behring's Sea, thai they do so
at their own risk
160
243
Sir J. Pauncefote .,
. •
10,
Note from Mr. Wharton of Stii March re-
specting modus vivendi. Substance tele-
graphed (see No. 234) . .
160
244
II «
Teleijraphio
23,
Comninniration made to United States' (io-
vernmenl in sense of No. 241. Reply
received stating that renewal of modus
vivendi is the least that can be accepted, and
that United States' Government must main-
tain their rights . .
163
245
To Sir J. Pauncefote .
Telegraphic
26.
Two sltei native proposals by Iler Majesty's
Government as to the conditions on which
sealing might be prohibited this se.ison
165
246
•t .1 . .
Telegraphic
26,
Proposed form of reference to Arbitrators of
question of damages .. ..
105
' *
m
t
I '\
I'
I I 'ilL
■toii'.i
1 ,
m
[572]
I:
I
Til BLR OP CONTKNTB
AIM'KNDIX.
Namp,
Date.
SUBJKCT.
Colonial Oftict-
»W
Mar. 2, INUi Dc»patch froiii Caniida, witli Ordrr in Coiinni.
iind iiffidavitx from Briliuli ('oliiinl)iii n-
'•ppctlnfr prlngflc Kcnlinn .. Iiiij I
iLJ^^'o^.i^'t.jai/i
Further Correspoiulence respecting the Behring Sea Seiil
Fisheries.
[In continuation of " United States No. 2 (1891) :" C. 6368.]
J !■
No.l.
Sit J. Pauneefote to the Marqwa of Salisbury. — (Received April 27.)
I Jly Lord, Washington, April 15, 1891.
I HAVE the honour to transmit herewith a copy of a note which I received
yesterday from Mr. Blain«> in reply to your Lordship's despatch of the 21st Fehruary
I last,* oF which I left a copy in his hands on the 3rd March.
In this note IMr. Blaine states that the raoditications suggested by your Lordship
I in the (juostions for arbitration do not wholly meet the views of the President, and he
I sets out tlie questions in the form in which they are now proposed by him.
For convenience of reference, I inclose a paper showing, in opi)osite columns, the
jorii^inal six questions suggested by Mr. Slaino in his note of the 17th December last,
i the questions, as altered and now proposed by him, on behalf of the United States'
I Government. In his note transmitted herewith Mr. Blaine reverts to several points
Iwliich have been long under discussion, and adduces further arguments in support of
I his contentions.
I have, &c. '
(Signed) JULIAN PAUNCEFOTE.
5' !
I *
Inclosure 1 in No. 1.
Mr. Blaine to Sir J. Pauneefote.
I Sir, Department of State, Washington, April li, 1891.
THE modifications which Lord Salisbury suggests in the questions for arbitration
I do not wholly meet the views of the President, but the President changes the text
I of the third and fifth in such manner, it is hoped, as will result in an agreement
Ibetween the two Governments. While Lord Salisbury suggests a different mode of
Iprocedure from that embodied in the sixth question, the President does not uiulor-
Istand him actually to object to the question, and ho therefore assumes that it is
la^cd to.
The six questions as now proposed by the President are as follows : —
1. What exclusive jurisdiction in the sea now known as the Behring's Sea, and
lihat exclusive rights in the seal fisheries therein, did Russia assert and exercise piuor
|and up to the time of the cession of Alaska to the United States ?
2. How far were these claims of jurisdiction as to the seal fisheries recognized
nd conceded by Great Britain ?
3. Was the body of water now known as the Behring's Sea included in the phrase
"Pacific Ocean," as used in the Treaty of 1825 between Great Britain and Russia,
nd what rights, if any, in the Behring's Sea were held and exclusively exercised by
Kussia after said Treaty ?
• «• ynitpd SM^s ^0, 1 (IB91)", p. 87.
[572] P
■:i
' ' fi ^
■■■HpiP
■|
•1. Did not all the rinhts of Russia as to jurisdiction and as to tlio ponl (isliorii's in
tlio Bolirin'^'s ISca eaat of the water Ijoundfiry in llic 'I'rcaty between tlii« Unitcil Slates
and Hiissiu of tlie JJOtli March, 1807, pass uniniiKiired to tlio United Stites under tliat
Treaty?
5. lias the United States any ri!»lit, and, if so, what rii,'ht, of jirofection or iirnpcity
in the fur-soais frcqueutin>? the islmids of tlie United States in Jlehrinif's Sea when
such seals are found outside tlie ordinary !l-niile limit 'r
0. If the determination of the foreifoinj,' <incstions shall leave th(> subject in such
position that the concurrence of (iroat Britain is necessary in prescribinjEf llegulatiom
for the killing of the fur-seal in any part of the waters of Behring's Sea, then it
shall be further determined (1) how far, if at aH, outside the ordinary territorial limiti
it is necessary that the United States should exorcise an exclusive jurisdiction in order
to protect tlio seal for the time livintf upon the islands of the United States, and
feeuinu therefrom ? (2^ whether a close season (during which the killing of seals ia
the waters of Beliring » Sea outside the ordinary territorial limits shall be prohibited
is necessary to save the seaMishini? industry, so valuable and imjiortant to mankind,
from deterioration or d(>struction ; and. il' so, (,'{) what months or pai'ts of nidiitlul
should be inehided in such season, and over what waters it should extend r
The President does not object to the additional (picstion respeetini? alleged I
damages to English ships proposed by JiOrd Salisbury, if one condition can be added, j
namely, that niter tlie issues ol' tbc arbitration are joined, if the United Slates slial!
prevail, all the seals taken by t'anadian vesseU during the period shall i)o ])ai(l for
at the ordinary price for which skins are sold. 'I'liis seems to the President to be the
complement of Lord Salisbury's proposition, and he doubts not that it will secure his
Lordship's assent. In the llrst paragraph of Lord Salisbury's despatch of the 21st |
February ^'e makes the following declaration ; —
" It IS now quite clear that the advisers of the President do not claim Behrin^'s i
Sea as mare clausum, and, indeed, that they repudiate that contention in express |
terms."
Lord Salisbury's expression is put in such form as to imply (whether he so I
intended I know not) that the I'nitecl States had hitherto been resting its contention
upon the fact that the Behring's Sea was mnrp clausum. If that was his intention, it
would have been well for his Lordship to specify wherein the United States ever made
the assertion. The omphatie denial in my despatch of the 17th Ueeeraber last was I
intended to put an entl to the iteration of the chargCj and to eliminate it from the
current discussion. I
Lord Salisbury complains that I did not deal with certain protests, written bv
Lord Londonderry and the Duke ot Wellington in 1822, which he had before quottd, [
If he will recur to the 2Uth and 27th pages of my despatch of the 17th December, liej
will observe that I specially dealt with these; that I maintained, and, I think, proved I
from the text that there Avas not a single word in those protests referring to the I
Behring's Sea, but that they referred, in the language of the Duke of Wcllin!rton|
of the 17th (Mober, 1822, only to the lands "extending along the shores of the I
Pacific Ocean from latitude tU° to latitude 60" north. In the first paragraph oil
Lord liondonderry's protest of the 18th January, 1822, addressed to Count Lieven, of I
Russia, he alluded to the matters in dispute as " M/»ec(fl% connected with the territorial [
rights of the Russian Crown on the north-west coast of America bordering on thej
Pacific Ocean, and the commerce and navigation of His Imperial Majesty's subjects iji|
the seas adjacent thereto." Trom those and other pertinent facts it is evident that thel
protests of Lord Londonderry and the ])uko of "Wellington had nothing whatever to J
do with the points now in issue between the American and British Governments con-f
eerning the writers of the Behring's Sea. They both referred in difl'crent, but substat-l
tially identical phrases, to tlie territory soutli of tlie Alaskan Peninsula bordenD!]
on tlie Pacific, and geographically shut out from the Behring's Sea. I regret that iiitI
arguments on a point which Lord Salisbury considers of great importance should liavtl
escaped his Lordship's notice, in Lord Salisbury's judgment the contention of tliel
United States now rests Avholly upon the Ukase of 1821 by the Emperor Alexander ll
of Russia. The United States has at no time rested its arguments solely on the groimil
mentioned, and this Government regrets that Lord Salisbury should have so misappre-l
hended the American position as to limit its basis of right in the Behring's Sea to tin
Itkase of 1821. The United States has, among other grounds, insisted^ witlioi
recurring to any of its inherited and superior rights in Alaska, that this GoTernD
has as full authority for going beyond the 3-mile line in pase of proved necessity a
Great Britain possesses. •• •' . : .
ho yonl lisliovii-s in
lhi> United Statcj
, Stt'tos umlci' that
itcetlon or jji'^iu'ity
Jchviiig's Si'ii wlien
the s(il)jpet ill such
iribins UogulaiioM
iring's Sea, then it
ry totritorial limiti
uriscliction in order
Uuitcd States, and
killing of seals in
ilmll 1)0 proliibitcdi
lortant to mankind,
or parts of nidutlis
:!Xl('ml r 1
vcspi-ctintr alleged
ilition can •>(' aililod,
United States slial!
d shall 1)0 l>aiil for
I'resident to lie the
lat it will secure his I
.espatcli of the 21st 1
not claim Beliring's I
atention in express j
ply (wlietlier lie so
jating its contention
was liis intention, it
ted States ever made
I December last was
imiuato it from the
protests, written by
c had before quoted,
e 17th December, lie
and, I think, proved
'sts referring to the
3ukc of Wellington
the shores of the
first paragraph oi
to Count Lieven, of
id with the territorial
^a bordering on the
Majesty's subiects in
it is evident that the
nothing whatever to
1 Governments con-
ifferont, but sulistan-
reninsulti bordering
a. I regret that my
)ortance should ha''
_ contention of the
Imperor Alexander
solely on the grouni
dd have so misaiip*!
Bohring's Sea to \^'
is, insistedj witlii
lat this Governro
proved necessity a
Two or Ibreo instances of the power which (Jreat Britain exercises beyond tho
3'miie lino iiiixe liivady lieeii tjiinteil, hut have fiiiied thuH far to secure connnent or
ex|ilaiiati>iii IVoiu hold Salislmn.
Aiintlicr case ciiii hr added wliieii, periiaps, is still more to tho point. In 1889,
uiiiy two j(>arH ago, (lie Jliitisii Parliament enacted a Jiaw tho offect of which is I'ully
iliowii liy a Map iiudosed herewith.
I'"ar outside liie ;>-niile liiK! tiie Parliament of Great Britain has attempted
to eontro! a body of water siliiated beyond tlio north-enstem section of Scotland,
j,70l) s({uare niiies in extent, and to direct liiat certain methods of llsliing siiall not be
uied within that great l)ody of water under a prcscrilxMl penalty. It will bo observed
that the inhibition is not alone against Britisli subjects, but against "any person."
I here quote the pertinent section of the Parlianicntury Act in question : —
"7. — (1.) The Fisliiiig Board may, by llyc-law or Bye-laws, direct that the
methods of fisliing known as ht;am trawling and otter trawling shall not be used witliin
1 line drawn from Duncansby ll(>ad, ('aithness, to Battiay Point, Abordeonshirc, in
iny area or areas to bo dclined in sudi Bye-law, and may from time to time make, alter,
and n!Vok(? By(!.Inws for the purposes of this section, but no such Bye-law shall bo of
any validity until it has been (ioniirined by the S(!(!retary for Scotland.
"(2.) Any i)iii;i)ii wlio uses any sueii ii;ethod of lisliing in contravention of any
siicli liye-law sliall 1k> liable, on com iitioii under the Summary Jurisdiction (Scotland)
.Vels, to a line not exceedio!,' •">/. lor tho lirst olfcuce, and not exceeding 20/. for the
second or any subsequent olli'uce, and every net set, or attempted to be set, in
contrav(>ntion of any such Bye-law may he seized and destroyed or otherwise disposed
of as in tl.o i.tli scelion of tlii'^ Act mentioned."
If Great Britain may thus control an area of 2,700 square miles of ocean on the
coast of Scotland, why may not the United States prescribe a space around the
Prihyloir Islands in whicli similar prohibitions may be in force? The following would
be the needed legislation for such q, purpose by Congress, and it is but a paraphrase of
the Act of ParliamiMit : —
" The Fur Seal Board may, by Bye-law or Bye-laAvs, direct that tho methods of
scaling known as spearing or harpooning, or with ilre-p is, shall not bo used within
a line drawn from the shores of the Pribylotl" Islands 00 miles in tho Bohring's Sea ;
and said Board may from time to time make, alter, and revoke Bye-laws for the
purpose of this section ; but no such Bye-law shall be of any validity until it has been
conlirni . by the Secretary of the Treasury. Second. Any person Avho uses any such
inethoil i)f sealing in contravention of such Bye-laws shall bo liable, on conviction, to a
fine not exceeding 100 dollars for the lirst oit'enco, and not exceeding 500 dollars for
tho second or any subsequ(!nt oll'ence ; and every spear, harpoon, or liro-arin attempted
to be used in contravention of any such Bye-law may bo seized and destroyed, or other-
wise disposed of, as said Fur Seal Board may direct."
It must not escape observation that tho area of water outside the 8-milo Hue on
the coast of Scotland, whose; control is assumed by Great Britain, is as large as would
be found inside a line drawn from Cape Cod to Portland Harboiu", on the Now England
coast.
Lord Salisbury reasserts his contention that tho words " Pacific Ocean " at the
I time of the Treaty between Russia and Great Britain did include Bohring's Sea.
lUndoubtedly the Pacific Ocean includes Bohring's Sea in the same sense that tho
I.Vtlantic Ocean includes the Gulf of Mexico, and yet it would be regarded as a very
linaccurato statement to sjiy that tho Mississippi River flows into the Atlantic Ocean.
|l think Lord Salisbury fails to recognize tho common distinction between the
I" Atlantic Ocean " and " the waters of the Atlantic." While the Mexican Gulf is not
I part of tho Atlantic Ocean, it would, I am sure, comport with general usage to say
Ithat it belonged to the waters of tho Atlantic, and, while Bohring's Sea is not
sclmieally a part of the Pacific Ocenn, it undoubtedly belongs to the waters of the
Pacilie. The English Channel would not ordinarily be understood as included in the
Itcrni " Atlantic Ocean." One would not say that Dover or Calais is on the coast of
fhc Atlantic Ocean, and yet dearly the English Channel belongs to the waters of the
itlantic. In point of fact, therel'orc, according to the usage of the world, there is no
pispute of any consequence between the two Governments on tho geographical point
nder consideration. The histo ' -al point is the one fit issue. The explanatory note from
bssia filed in the State Depart ent of this coimtry, specially referred to in Mr. John
^uiney Adams' diary and quote in my note of the 17th December, 1890, plainly draws
^distinction between the Pacific Ocean on the one hand, and the " Sea of Okhotsk, the
t of Kamschatka, and the Icy Sea " on the other; and so long as Russia drew that
[672] B2
■I <
■y.
1 1
: 'I .
if
-' ,1
¥k'
li
I '
.; i
h
ill
'.J jf*.Xp*^-U'^jii>iiJifSX~^:
taS^M!^
distinction it must apply to and must absolutely decide all the contentions between the
two countries as far as the waters of the Behring's Sea are concerned. To discuss this
point further would, in the opinion of the President, contribute nothing of value to the
general contention.
In the opinion of the President Lord Salisbury is wholly and strangely in error in
making the following statement : " Nor do they [the advisers of the President] rely as a
justification for the seizure of British ships in the open sea upon the contention that the
mterests of the seal fisheries give to the United States' Government any right for that
purpose which, according to international law, it would not otherwise possess." The
Government of the United States has steadily held just the reverse of the position
Lord Salisbury has imputed to it. It holds that the ownership of the islands upon
which the seals breed, that the habit of the seals in regularly resorting thither and
rearing there young thereon, that their going out from the islands in search of food
and regularly returning thereto, and all the facts and incidents of their relation to the
islands, give to the United States a property interest therein; that this property
interest was claimed and exercised by Eussia during the whole period of its sovereignty
over the land and waters of Alaska ; that England recognized this property interest
80 far as recognition is implied by abstaining from all interference with it during the
whole period of Russia's ownership of Alaska, and during the first nineteen years of
the sovereignty of the United States.
It is yet to be determined whether the lawless intrusion of Canadian vessels in
1886 and subsequent years has changed the law and equity of the case theretofore
prevailing.
I have, &c.
(Signed) J. G. BLAINE.
Inclosuie 2 in No. 1.
Sketch of North-Easlem Section of Scotland.
Inclosuie 3 in No. 1.
Original Six Questions suggested by
Mr, Blaine in his Note of December 17,
1890.
1. What exclusive jurisdiction in the
sea now known as the Behring's Sea, and
what exclusive rights in the seal fisheries
therein, did E.U8sia assert and exercise
prior and up to the time of the cession of
Alaska to the United States ?
2. How far were these claims of juris-
diction as to the seal fisheries recognized
and conceded by Great Britain ?
3. Was the body of water now known
as the Behring's Sea included in the phrase
" Pacific Ocean," as used in the Treaty of
1825 between Great Britain and Russia ;
and what rights (if any) in the Behring's
Sea were given or conceded to Great Britain
by the said Treaty P
i. Did not all the rights of Russia as to
jurisdiction, and as to the seal fisheries in
Behring's Sea east of the water boundary,
in the Treaty between the United States
and Russia of the 30th March, 1867, pi.ss
unimpaired to the United States under tA>: .<,
Treaty?
5. What are now the rights of the
United States as to the fur-seal fisheries
Questions as altered and now proposed by
Mr. Blaine.
1. The same.
2. The same.
3. Was the body of water now knowj
the Behring's Sea 'included in the pL
" Pacific Ocean," as used in the Treat
1825 between Great Britain and llus^
and what rights (if any) in the Bebrji
Sea wore held and exclusively exercinci
Russia after said Treaty ?
4. The same.
5. Has the United States any right, 1
if so, what right, of protection or properi
tentions between the
led. To discuss this
ihing of value to the
strangely in ernir in
3 President] rely as a
3 contention that the
at any right for that
:wise possess." The
erse of the position
of the islands upon
esorting thither and
ds in search of food
their relation to the
that this property
od of its sovereignty
lis property interest
} with it during the
pst nineteen years of
Canadian vessels in
;he case theretofore
&c.
J.G. BLAINE.
nd now proposed bj)
lame.
water now knowr
[uded in the pi
scd in the Treat
Britain and llusd
ly) in the Behri|
iusively exercinci
Hates any right,
itection or properl
\
J^
5a
I? I:
^l»'i
t ;
tt I
NORTH EASTERN SECTION OP SCOTLAND.
TO FACE P 4-.
Extract from
CHAPTER 23.
All Act to amend the Heiriiig FiBhciy (Scotliiiid)
Acta ; and for other purposes relating thereto.
[2fith .Inly, 18»(».]
7. — ('•) The Fishery Knunl laay. hv liyi'law nr byoIiiwH
iluuct that the methiHlx of liHhiiis- kiH>wii oa btnim trawlinnf
unci otter trawliiij^ whall nut be uhlhI witliin n lino drawn
from DiiiininKby l[ead, in Caithnoss, to liattniy t'oini, in
AlHM-deenshirc, in any area or aretts to be defineil in HUch
liyelaw, and may fniiu time to time maicc. alter, and revoke
byelaws for the purposes of this section, lint no such bye-
law shall be of any validity until it has been cnnlirtned by
the Secretary for Scotland.
(2.) Any person who uses any such method of fishing
ill contrnvcntion of any siich byulaw xhall bi' liiilile, nil
conviction under tlie Summary JuriRdiction (Scotland)
Acts, tn a fine not exceeding five pounds for the first
offeiico. and not exceeding twenty pounds for the second
or any sulweqiieiit offence ; and every net set or attemptei^
to be set, in C'lntravention of any such byehw may be
sei/xsd and destroyed or otherwise disposed of as in the
sixth section of this Act mentioned.
mmmm
^w
"W
Original Six Questions, ^c,
in the waters of the Behring's Sea outside
of the ordinary territorial limits, whether
such rights grow out of the cession by
Russia of any special rights or jurisdiction
held by her in such fisheries or in the
waters of Behring's Sea, or out of the
ownership of the breeding islands and the
habits of the seals in resorting thither and
rearing their young thereon and going out
'rom tho islands for food, or out ol' any
other fact or incident connected with the
relation of those seal fisheries to the terri-
torial possessions of the United States ?
6. If the determination of the foregoing
questions shall leave the subject in sucii a
position tliat the concurrence of Great
Britain is necessary in prescribing Regu-
lations for the killing of the fur-seal in any
part of the waters of Behring's Sea, then
it shall be further determined : (1) How
far, if at all, outside the ordinary terri-
torial limits, it is necessary that the United
States should exercise an exclusive juiis-
diction in order to protect the seal for
the time living upon the islands of the
United States and feeding therefrom?
(2) Whether a closed season (during which
the killing of seals in the waters of
Beliring's Sea outside the ordinary terri-
torial limits shall be prohibited) is necessary
to save the seal-fishing industry, so valu-
able and important to mankind, from
deterioration or destruction ? And, if so,
(3) What months or parts of months
should be included in such season, and
over what waters it should extend P
Questions as altered, ifc.
the fur-seals frequenting the islands of the
United States in Behring's Sea when such
seals are found outside the ordinary 3-nn7e
limit ?
6. The same.
(For Additional Article
see Mr. Blaine's note.)
as t;) damages.
. . ■ I
I : . 1
jl^
No. 2.
Mr, C. Hawkins to the Marquis of Salisbury. — (Received May 1 .)
My Lord, The Olen, Avenue Road, Anerley, April 29, 1891.
IN consequence of the negotiations being carried on between the United States'
Government and our own to bring about a satisfactory settlement of the Behring's Sea
Seal Fishery' questioi;, I beg to offer you the following facts, trusting they may be useful
to you as emanating from one with a practical knowledge extending over a period of
eighteen years.
I also inclose herev*ith a cutting from the " Daily Chronicle " of the above date,
which induces me to take this liberty, supposing the statement therein detailed to be
correct.
Since about the year 1885 we have received in this country large numbers of seal-
skins known in the trade as north-west coast skins, the same having been taken in the
open sea, and, from appearances that are unmistakable to the initiated, are exclusively
the skins of female seals pregnant ; these are all shot, and I have been informed that for
every skin recovered five or six are lost through sinking when struck by the shot ; this
wholesale slaughter of the females will, in a short time, bring about the extermination of
the seal in that district if not arrested.
We, on the other hand, during my experience, have had annually large numbers of
seal-skins from Alaska, and also from the Copper Island, which are kiUed by being
clubbed on land, and are selected with judgment, being the skins of young male seals ;
the older fighting and b/oeding males are spared.
•■
■■
•I
k i ■
Ss;
^' :
I
'■ , '
I& ^
1 '
1 '■
:X-
■h
IK i
m^f^fm^mrnv^r^^
'^mi!t
6
I feel sure that this which I have written would be corroborated by the principals of
the following firms, if applied to, or any others, with sufficient intelligence, who liave to
deal with the akins in the salted state : — ^lessra. C. M. Lampson and Co., Queen Street
City; Messrs. C. W. Martin and Sons, 4, Lambeth Hill, City, Mr. G. Rice, Gruat
Prescott Street, Whitechapel.
■ ' I beg, &c,
(Signed) C. HAWKINS.
Inclosuro in No. 2.
Extract from the « Daily Clironicle" of April 29, 18i)l.
The Behkivg's Sea Fishehies.
(From our Correspondent.)
' New York, Tuesilaii.
^OW that the "Sayward" case is postponed till Octol)or, much interest attaches to
the question as to the steps that will be taken witli regard to the coming sealing season,
The "Herald" says that from present indications, the sealing industry will be free to nil.
In the summer the revenue steamers will proceed to the Behring's Sea, but with private
orders to molest no vessel sealing beyond ;> miles from the shore. .Mr. Rlaine and
Sir Julian Pauncefotc have for a week past been in negotiation in respect of a modns
Vivendi for the season, bu<^^ they have not yet arrived at any conclusion. Professor Elliott,
the Government expert, wishes for a suspension of marine .sealing for one or two years,
as suggested by Lord Salisbury, but the Treasury has not given its assent to this
proposal.
The Treasury officials state that the Government lost 385.000 dollars in the revenue
from the islands last year, by reducing the catch from 1 00,000 to 60,000 seals by way of
precaution. There was, in addition, a loss of 375.000 dollars through the timidity of the
Treasury Agent at the islands in stopping the killing of seals when only 21,000 skins had
been taken. The lessees of the islands had expected to recoup themselves this year
for last year's losses, and they are alarmed at the prospect of suspension this year.
According to the present outlook, the total catch for the year will be little short of
300,000 seals.
The "Boston Herald " says that the Honourable S. B. Elkins, who was Mr. Blaine's
Manager in the Convention of ISSS, and tiic nominator of President Harrison, has,
through his influence, stopped the Behrings Sea negotiations, which were about to
terminate successfully. Mr. Elkins is largely interested in the Sealing Company, and
when he heard that Great Britain had verbally promised to join the United States to put
a stop to the killing of seals for one year, he proceeded to AVasliington and induced
Mr. Blaine to postpone the Agreement to the auti.mn, so that his Company could secure
the 00,000 seals allowed by the Contract. Sir Julian Pauncefote has discovered the
underhand move, and, while addressing a remonstrance to Mr. Blaine, he has also
hastened to put a proposal to him in writing, so that it cannot be ignored.
No. 8.
Colonial Office to Foreign Office.—(Received May 27.)
Sir,
Downing Street, May 27. 1891.
I AM directed by Lord Knutsford to acknowledge the receipt of your letter of the
22nd instant,* forwarding copy of a despatch from Her Majesty's Minister at Washington
inclosing copy of a letter addressed by Processor Elliot to the United States' Secretary to
the Treasury, on the condition of seal life on the Pribylolf Islands during the sunnner
of 1890.
I am to observe, in reply, that this letter of Mr. Elliot's bears out in a remarkable
Djianner the contention of the Dominion Government that the principal danger to the
seal species arises not from pelagic sealing, which would appear to be comparatively
iHUTnless, but fron. ill-regulatei killing on land.
• " United States No. 3 (1891)," Appendix, p. 5t. < . ;: . . . / .. i
HAWKINS.
'^m^'mmmmmmi^^'ifmmmmmmiwimim'^'vs'yfr'.
1
In these circumstances, it is tor consideration whetlior Her Majesty's Government
should not insist that the question of Uie t'aure regulation of scaling on land, as well as
at sea should be taibmittcd to tiic projiosinl Arbitration Tribunal.
In any case, Lord Knutsford is of opinion that an exhaustive joint inquiry should be
made into the whole question, tiic results of which should be laid bofovO the Arbitrators
to enable them to arrive at a sound decision.
I am, &c.
(Signed) JOHN BUAMSTON.
. -l ■• ■• ■'■• ■ No. 4.
'. •■ " Colonial Office to Foreign Office. — {Received May 29.)
' . .• '
Sir. Downing Street, May 29, 1891.
WITH reference to previous correspondence, I am directed by Lord Knutsfurd to
transmit to you. to he laid before the ^larqllis of Salisbury, paraphrase of a telegram
from the Governor-General of Canada, stating that the Canadian Government acquiesce
in the proposed modus vivendi in Behriiig's Sea subject to certain conditions.
I am, &c.
(Signed) EDWARD WINGFIELD.
r . • . * ■ Inclosm-e in No. 4. ' ;• ' , ''. '
Lord Stanley of Pteston to Lord Knutsford.
(Telegraphic.) Ottawa, May 27, 1891.
AVITH reference to my telegram of the 18th May, I forAvard the Minute of the
Privy Council : —
With reference to your telegrams of the 17th and 23rd instant, the Government
of the Dominion accede to the proposition of Her Majesty's Government, provided
that compensation be given to the scalers who may be prevented from prosecuting their
avocation, and that the authorities of the United States accept at once the terms
suggested by Her Majesty's Government, and concurred in by the Dominion Govern-
ment in August last, as an essential part of the same Agreement.
As, however, the Canadian Government does not possess the means of giving the
proposed warning, and as the time for dciig so appears inadequate, the Domiriioii
Ministers cannot undertake to be answerable in the event of such warning proving
inefl'ective.
There would be ample time to give due notice to all concerned if an alternative
suggestion to the proposals referred to were made for a close season next year.
No. 5.
..;.:»•;:■'...... The Marquis of Salisbury to Sir R. Morier. ^-•;-; • '. .".:.:
(Telegraphic.) Foreign Office, June 2, 1891.
ASK tlie llussian Government whether they would be disposed to join in an
Agreement which has been proposed by the United States' Government and accepted by
Her Majesty's Government for a suspension until May 1892 of seal hunting in the
islands and waters of 3ehring's Sea .
It is believeil tliat an engagement will be entered into by both Powers to do their
best to prevent their respective subjects and citizens from taking part in seal hunting,
with the exception of a catch of 7,500 seals destined for the support oT the Aleuts in the
service of the North American (Jommercial Company. The Agreement cannot, of course,
be signed unless Russia is prepared to adhere to it.
\ r
I ',
n ui
iM
ft
i r I
■
I f
•r ,
'V
i
j
.; ;l
, ! ■
!
^'i
i 1
'
S "., ,
m^tm
■ I I I I
^m.
HPT'
. iip..i,iij..
8
No. 6.
The Marqtiis of Sali:'->ry to Sir J. Pauncefote.
(Tcle>fraphic.) Foreign Office, June 2, 1891.
I HAVE to instruct you to make the following proposals to the United Stntcn'
Government with regard to a modus vivendi in Behring's Sea : —
(. The two Governments to prohibit, up to ^lay 1892, the killing of seals in
Behring's Sea or any of the islands thereof, and to insure, to the best of their ability, that
this prohibition shall not be infringed by their subjects, or by vessels flying their respective
Hn^s.
2. During the time named the United States shall have the right to kill 7,500
^cals.
3. An exequatur will be granted by the United States' Government to any Consul
who may at any time be appointed by Her Majesty's Government to the islands in
Behring's Sea.
4. The above Convention shall not come into operation unless the assent of Russia is
given to it.
No. 7.
Sir J. Pauncefote to the Marquis of Salisbury. — (Received June 2.)
(Telegraphic.) Washington, June 2, 1S91.
I HAVE received your telegram of to-day. I will lose no time in acting on your
Lordship's instructions. With reference to clause 1, I beg to observe that the proliibi.
tion extends to the whole of Behring's Sea, and I apprehend objection on the ground
that the United States' Government is not empowered by Act of Congress to proiiibit
sealing beyond that part of it which, they contend, is, by virtue of their Treaty with
Russia, " within the dominion of the United States."
'■' ■ ■.'*■ . No. 8. '■_'-■,
The Marquis of Salisbury to Sir J. Pauncefote. •
(Telegraphic.) Foreign Office, June 2, 1891.
WI'rH reference to your despatch of the 16th April last, I nave to request you
to inform the Government of the United States that Her Majesty's Government are
prepared to assent to the first five points which Mr. Blaine proposes should be submitted
to arbitration in his note of the 14th April.
Her Majesty's Government are unable to assent to the sixth point.
They propose as an alternative the appointment of a Commission consisting of four
experts, of wliich two should be nominated by Great Britain, and two by the United
States, and of a Chairman nominated by the Arbiters.
This Commission to examine and report on the following question : —
What international arrangements, if any, between Great Britain, the United States,
and Russia, or any other Power, nro necessary for the puqjose of preserving the fur-seal
race in Behring's Sea from extermination ?
With regard to the question of compensation. Her Majesty's Government propose
the following Article : —
"If it shall be shown to the Arbitrators that seal-hunters, subjects of either Power,
have been damnified in the pursuit of that industry by the action of the other Power, it
shall be competent for the Arbitrators to award such compensation to the said subjects
as in their judgment shall seem equitable."
No. 9.
The Marquis of Salisbury to M. de Staal.
M. TAmbassadeur, Foreign Office, June 2, 1891.
I HAVE the honour to inform your Excellency that Her Aftjesty's Government
)}ftve ftjifre^d to a j»ropo8ftl jftf^^ (o tbe>» b^ the Gpyen)tnent of the ynit^d St»t«8 tbft{
it to kill 7,500
9
seal Imnting slioiild be suspended in the ialiitidn and wiiters of Bohrinn's Sen until Mny
1892. Wc believe that an engnscinent "ill be entered into by botb Powers to do tlieir
I kst to prevent their subjects and eitizens Ironi takinj,^ part in tiio seal buiitiuji', exception
Lilly beinff made (or a eatcli of 7,oOO destined lor tiie subsistcnee ol' the natives in the
service of tbc Alaska Company. A proposal lias been made to tl;c United States'
1 (iovernment to that effect.
Tills Arranjjement cannot be ])ut in force without the adherence of the Uussian
I Government, and the Agreement will not bo signed until this has been obtained. Her
Majesty's Ambassador at St. Petersbur^li has been instructed by telegrapii to make a
comiiiunication in the above sense to M. do Giers, and to express our earnest hope liiat
the Uussian Government will consent to a measure which appears to be necessary iu
[order to prevent the early extermination of the fur-seal.
I have, &c.
(Signed) SALISBURY.
sent of Russia is
No. 10.
Sir J. Paunccfote to the Marquis of Salisbury. — {Received June 3.)
I (Telegraphic.) Washinalon, June .*}, li=^!)l.
1 HAVE to-day communicated to the Acting Secretary of State, in the form of
iMeinoranda, the substance of your Lordship's telegrams of yesterday's date, relative to
iBehring's Sea, which I received last night.
tl' \'
')• '
emment propose
2Jo. 11.
The Marquis of Salisbury to Sir E. Malet.
|8ir, Foreign Office, June 3, 1891.
HER Majesty's Government have agreed to a proposal made by the United States'
iGovernment for the suspension for one year of seal hunting in the islands and waters of
IBehring's Sea; and have expressed their readiness to enter into an Agreement whereby
llhe two Governments shall prohibit the killing of seals up to iMay 1892, and shall under-
|l>ke to use their best endeavours to prevent tlie infringement of the prohibition by their
ispective subjects and citizens or by vessels flying their respective flags, with the
Inception of a catch of 7,500 seals destined for the support of the Aleutian islanders in
Ike service of the North American Commercial Company.
The Russian Government have been invited to join in the Arrangement.
It has been suggested tiiat it woiid be desirable to obtain the concurrence of the
|Gcmmn Government in the suspension of seal-taking on the ground that the German
lias appeared on fishing-vessels in the Behring's Sea. According to the ]{epoit of
fc Canadian Minister of Marine for 1889, it appears that one such vessel was engaged
1 fisliing during that year.
I should wish you to ascertain whether the interest taken by the German Govern-
|ient in the seal fishery is such as to make it advisable to invite their concurrence in the
ispension.
. I am, &c.
(Signed) SALISBURY.
No. 12.
Sir R. Morier to the Marquis of Salisbury. — (Received June 4.) .,, ^ , .^
fdegraphie.) St. Petersburgh, June 4, 1891.
I HAVE this day communicated to M. de Giers a note in the sense of youf
[ordsliip's telegram of the 2nd instant. I am informed that his Excellency has not yet
aid from the United States' Government on tlio subject.
; 1
I I'
!tri'
[572J
No. 13.
Sir J. Pauncefote to the Morquin of Salisbury,— •iRi'ceiied June 4.)
(Tclcgrapliic.) tVaxhiiKjlon, Jiiiiv -l, is'.ti,
WITH reference to your Lordship's telej^rntn of tlie 2ntl instaiit, coiiliiiiiiii<r
the drnt't of a, mndds livrndl in llolirinjf'H Sea, I liavo the honour to inform yoiitliutl
have to-day received a re[)ly to your Lordsliip's proposal from tlio Acting Seeicimy df
IState, whicli is to the following eil'ect : —
[Sec text of Mr. Wharton's note of tlio 4tli .Func in Sir Julian Pauncefote's despulch ot
the 5th .lune, 1891: Inclosuro in No. 40, infra.]
No. 14.
The Marquis of Salisburi/ to Sir R, Morier.
('relcifraphic.) Forcifjn Office, Jtinn C), 1^:)I.
1 llAVH received your telcjfrani of yesterday.
We should be ulad if M. dc Gier* would inform us of iiis views with rei^ard to tlio I
proposed Agi cement for the preservation of liie seals in Behrini>'s Sea without waitin:
to receive a communication from the Government of tlic United States on the sul)je(;t.
No 15.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telcfrraphic.) Forriyn Office, June o, If^Ol.
lIEIi IMajesty's Government have had under their consideration tlie countcrJ
proposals of the President uf the United States for a modus vivendi in Behring's Sea, a;
reported in your telegram of the 4th instant.
They agree to accept the proposal, tiiat ollicers of either Government may seize am
hand over to their national jurisdiction otlcnding vessels umlcr either flag.
We thus give power to cruizers belonging to the United States to supcivise tlii
conduct of Englishmen in keeping the inndii.-! virciidi at sea. On the other hund
ouglit to receive corresponding powc liom the United States of supervising tlie [m^
cccdings of Americans on the islands resorted to by the seals. The equality of
proposed Agreement is dependent on the lidelity witii which the Americans oliseive
condition, that not more than 7,500 seals shall be killed. In tlic opinion of Her Majo-ty
CJovernnient. it is indispensable that the right should be reserved to them of satisiyinj
themselves that this condition is fully observed.
If the United States' Government object to the appointment of a permanent llritisl
Consul on the islands, they can, under their Statute, specially autiiorizo the prosenci
there during the ])rescnt fishing season of aliridsh agent.
Her Majesty's Government will not insist that Russia shall he a party to the jjioposei
modus virendi. But I earnestly press upon the United States' Goveriunent the exloibioj
of the prohibition to American ships over the whole of Behring's Sea; in that casi
Her Majesty's Government will similarly e\tend the prohibition to British sliips.
If it is lawful tiiat seals may be hunted on one side of an imaginary line in the opei
ocean while it is unlawful on the other side, it will, in many cases, be impossible to proi
the fact of unlawful sealing, or to infer from the possession of skins or tackle that it h
taken place.
It is, in the opinion ox" Her Majesty's Government, of great importance that
Agreement should be arrived at as to the terms of the arbitration at the same time tli!
the modus vivendi is arranged. Wc should be unable to repeat the suspension of seal
fishing operations for another year.
oxisliiig
limitati
lias l)eei
reach.
needed
niiich
our citiz
An;
conditio:
all appe
and cert
detrimer
States.
I ai
given to
An(
and will
approprii
b
■IP
ioto's despatch ut
11
No. 10.
S!r J. Pnuncefotc to thn ^fnl•(lu^3 of SaltHhury.'^iRer.rii'Pu June 0.)
lTeli'i:rnpIii('.) Wnshhitjtnn, .haw 0, 1S91.
'I'lliS morniiijc I delivered to llio Acting Secretary of State a MeiiKirnmlimi coin*
nniiiicntiiii!; (tie coiitontH of your fiordsIiip'H telegram of yesterday, and I liave just
rceiivcd a reply to t!iu following- etl'ect : —
[Sco text of Mr, Wliarton's note of the Oth Juno in Sir Julian Paunccfotc's dcflpatch of
the Oth June, 1891 : Indosurc in No, 47, infra.']
No. 17.
Sir J. Pnuncefotc to the Marquis of Salishury.—-{Received .Tune 8.)
MvLord, Washimjton, May 2f^,l^0l.
I IIAA^'E the honour to inclose copy of a note which I have received from Mr. Adeo,
.\('tins Secretary of State, expressinu; the earnest desire of the President for an early
ropimse to the proposal contained in Mr. IJlaine's note of the 4th instant for a modus
miuli during tlie coming sealing season in Beliring's Sen.
Mr. Adee, as your Lordship will perceive, informs me oi the departure of the
L'nifcd States' revenue-steamer " Rush " for the sealing islands and of the approaching
sailing of the '• Corwin " for the same destination.
1 have also the honour to inclose copy of tlio reply which I have returned to
Mr. Adce's communication.
I have, fee.
(Signed) JULIAN PAUNCEFOTF.
Inclosure 1 in No, 17.
Mr. Adee to Sir J. Pauncefote,
Sir,
Department of State, WaxhintjtOT), May 26, 1891.
IN my personal note of the 20th instant, and on several othc" occasions mi oral
oomnniiiication, I have had tlie honour to express the desire of the President to be
int'ornied, at the earliest possible moment, of the response of llcr Majesty's Government
to till' propo>al. which formed the subject of Mr. Blaine's note to you of the •Ith instant,
lliat seal-taking on the islands and in the waters of Ikliring's Sea be limited, as in said
note ex])icssed, as to citizens of tlie United States and -ubjects of Great Britain, pending
the ail)itrati()n of certain iiiicstious in controversy between the two Governments.
In several interviews with you since the 20th instant, the desire of the President for
an early response to the note of the ith May has been reaffirmed.
The situation evidently calls for prompt action. Each day's delay increases the
existing diilerepce in the ability of the respective Governments to make the proposed
limitation of seal-taking effective. It is reported that a large fleet of Canadian sealers
has l)een for some weeks or months on the seas. They are daily going further out of
rcacii. The rcvcnue-cruizers have awaited definite orders. Their presence is urgently
needed in the Beliring's Sea. Any farther delay tends to defeat the very purpose for
ivhich the Agreement is sought. It is quite incompatible with fairness and justice to
our citizens that this should be permitted to continue.
Ample opportunity has been atforded to Her Majesty's Government to bring this
condition to a close by an effective Agreement ; but the result is still uncertain, and to
all appearances remote. The President would be glad to know that it is near at hand
and certain ; but he can no longer hold back, in furtherance of a vague hope, to the
detriment of the legitimate interests of the Government and citizens of the United
States.
I am, therefore, directed by the President to inform you that orders have been
given to the revenue-steamer " Rush " to proceed to the sealing islands.
Another revenue-steamer, the " Corwin," is at San Francisco, nearly ready to sail,
and will very shortly put to sea. Should an Agreement be reached before her departure,
appropriate orders may still be sent by her to the islands. I mention this, in order that
[572] C 2
H
: !■ '
i f
.f«l»ll|f»UM
MPHDi
12
ynu m»y romprohcnd how fully this rrovornmont desires to offeet an »rr»np;oni(«nt for
this Hoasoti, mid tliiit yon iimy n-iili/.o liow ouch day's dcky Ioshohh the ability ot' llcr
Miyii'Hty's (Jovoriinit'iit, to oll'oi'tivcly co-oijoriito nitli rojjjard to Uritish Hubjocts, oml tcniis
to ilostioy tlio iiiactioiil utility of an Aufrecincnt (o limit the Hcal cateli.
I liavL', &c,
(Sij,'i)i'd) ALVKY A. ADKK,
ActiiKj ^rcretiini.
liu'losurc 2 in No. 17.
Sir J. Pauncefotc to Mr. Adrr.
Rlr, ll'asliiiit/tnn, .\f(t!i'2', \>i'.\\,
I 11 AVI' Ilk" honour to nokiiowli'dijo Iho rocoipt of yoiu' note t)f yosterdiiys date,
and to infonr. you (hat I liavo coinnuinicateil tho sulwtancc of its contonts to tb
Manpiis of Sali^hury Ity tcli-fjiani. 1 feol asHurcil that his riordsliip will prcatly rv<^ni
any inconvcniiMico whicli may he <'ausc>d to your (Jovcinmcnt hy the impraoticahility of
roturniiifj; an imn\i'diato reply t(» the proposal eontainod in Mr. Blaine's note to nio of
tho 4th instai\t.
Lord Salisbury, as I had tho honour to state to you verbally, is usinjj the utmost
expedition, but the lateness of the ])roposnl and the eonditions attached to it have sivon
rise to ;;nive didicultics, as to which his Lordship has necessarily been in conmiunication
with the (Canadian tiovernmcnt. Ilis reply, however, may now arrive at any nionunt.
1 have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 18.
Colonial Office to Foreign Office. — {Received June 8.)
Sir, Downing Street, June 8, 1801.
I AM directed by Lord Knutsford to transmit to you, to be laid before t':ie Maniiiis
of Salisiiury, a copy of a letter from the Acting High Commissioner for ('iiniula,
forwarding' co])y ol a telegiam from the Hritish ("olunil)ian IJoard of 'J'rade, protesting
against the proposed ])robibition of sealing in Hebring's Sea this season.
Lord Knutsford proposes, with fiOrd Salislmry's concurronce, to inform the .\ctini;
High ('onnnissioner, in rejdy, tiiat, as the total cessation of sealing in Hehring's Sea will
greatly enhance the price of the produce of the coast lishery. Her Majesty's Government
do not anticipate that Hritish sealers will suffer to any great extent by exclusion fiom
Bebring's Sea ; but that they will be prepared to consider any case in which it is clearly
established that loss l;as been suH'ered by a Ikitish subject through the enforcement of |
the prohibition.
I am, &c.
(Signed) 11. H. MEADE.
Inclosure in Xo. IS.
Mr. Calmer to Colonial Of ice.
Victoria Chamber.'', 1", Viclnriu Street, London,
81r, ./hhp M, 18!)1.
I AM directed by the High Commissioner to quote, for tlic information of Her I
Majesty's Grovernment. the following telegram which has been received from Mr. lJobe'1
Ward, the President of the British Columbia Board of Trade : —
" British Ccdumbia Board of Trade respectfully asks you protest strongest possible |
manner a'zainst proposed legislation prohibiting Britisli sealers Behring's Sea this season.
Sealing fleet equipped and cleared months since at heavy outlay. Result peremptory I
prohibition serious injustice and ruin to many cngaginl in industry here."
' 1 am, &c.
' (Signed) J. G. COLMER
. -^■a-t..*j.i>oat,.^tt.^j..
AUNCEFOTE.
{. H. MBADR.
I Street, Lonfloii,
G. COLMER
mm
11
No. 10.
Sir R. Morier to the Marquis of Salinbury, — {Received June H.)
(Tclcffmphic.) 81. Peteri,hur(jh,jHne B, \HQ\.
1 HAD n lonjy ronvorsntion yoHtordny with M. ilo fJiorH iit hit* country place
in Finland, relntivo to the proposod AKri'^'iiiont hctwocii tlic (iovcriimontH of (Sroat
Britain ami tlio Unitctl Sliitos for tli»! i)rotcction of Hcnl-liuntinf? in the iHlan»l»
tnil waters of tho lidirinyj's Hon. His ICxcclloncy's vicwH witli ro^jiird to tho proposal
Brt' entirely in accord with tlm^o of Her Majesty's (Jovcrnment, hut it appears tliat the
ijiicstion in not treated of liy him, hut hy tlu! Minister of Domains, wiio lins just
torniinated ncpotiations for a eontnicl with an intluentinl Kuhho- American Heal ComiJany.
His Kxcellency informed me (hat ho would do his utmost to persiuiilo his cidicaf^uc
to npjree to tho proposal, and he expressed tlie hope that he would ho ftl)Ie to give me a
final anHwcr dunnjf the coniinfj; week.
No. 20.
The Marquis of Salisbury to Sir J. Paunne/ote.
(Tcloffraphie.) Foreign Office, June 8, 1801.
HFill Mnjoaty's (rovernment have had under consideration the counter-proposalH of
the President of the United States for a modus vivendi during' the present soal-fidhing
season in Behring's Sen, as reported in your tele;jram of the Otii instant.
I have to inform you that they are prepared to assent to a draft Agreement drawn
up in the terms which you will receive in my i'urther telegram of to-day.
No. 21.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, June 8, 1891.
THE following Articles of Agreement contain the terms to M'hich Her Majesty's
Government are prepared to assent for the estahlishment of a modus vivendi in
Behring's Sea,
You are authorized to suhniit them for the consideration of the fJovcrnment of the
United States : —
"For the purpose of nvoiding irritating differences, and with a view to promote
friendly settlement of tlie (piestions jjeruling hctween the two Governments touching
their respective rights in l^ehring's Sen, and for preservation of seal species, the
following Agreement is inadc without prejudice to the rights or claims of either
party: —
"1. Her Majesty's Government will prohibit until May next seal-killing in that
part of Behring's Sea lying eastward of the line of demarcation described in Article I
of the Treaty of 1807 between the United States and llussia, and will promptly use best
efforts to insure observance of ])rohibition hy British subjects and vessels.
" 2. If the United States' Goverimient will prohibit seal- killing for the same period
in (he same part of Behring's Sea, and on the shores and islands thereof the property ot
tho United States (in excess of 7,500 to he taken on the islands as food .skins, and not
for fax and shipment), and will promptly use best efforts to insure observanc" of prohibi-
tion by United States' citizens and vessels.
" 3. Every offending vessel or person may he seized and detained by the naval or
other duly commissioned officers of either of the High Contracting Parties, but they
shall be handed over as soon as practicable to the authorities of the nation to which they
respectively belong, who shall alone have jurisdiction to try the offence and impose the
penalties for the same. The witnesses and the proofs necessary to establish the offence
shall also he sent with them.
" 4. In order to facilitate such proper inquiries as Her Majesty's Government may
desire to make, with the view to the presentation of the C.n.se of that Government before
Arbitrators, and in expectation that an agreement for arbitration may be arrived at, it
is agreed that suitable persons, designated by Great Britain, will be permitted at any
time, upon application, to visit, or to remain upon, the seal islands during the present
sealing season for that purpose.
^W^
I ? .
h;
1 { ;
r^
\ '
i 1
1 ■ !
f ■
i'':i
i
1- '
ii
lii
1
11
■1
11
fffi
11
""ffnn^ippv.itf.uiqi.pyi.
I'i
14
" ti, A CommisHion of four experts, two nominated hy oacli Government, mid a
Clmirnmn nominated hy (ho Arltitrators if npiminted, and if not by tlio nforesuid f'oi.imis,
HionorH, sliall exaniin(> and report on tlic followitijnf (pic lion : —
" Wlint intornationnl nrninnoinpnls. if any, liclwocn Great Britain, United SInli's,
nnd T?nwsia, or any otiier Power, are necessary for tlie jmrpose ot presorvinj? tlie ('iii-;(m1
race in tlie Nortliern Pacific fnttM extermination ?
" (i. The Government of tlio I'nited Slates will join with that of llcr MdjcslN in
reqneslinji' Ilnssia to forbid her suhjeetM from sealini; to the euHi. of the line indiciitcd in
Article 1 of the present Agreement ut\til tho Ist May, IS!)2."
No. 22.
Sir J. Pminccfote to the Marquis of Salisbury.'— (tircnvcil June 8.)
(Telegraphic.) fVasliiiH/ton, June H, IH{)\.
I HAVE to-day delivered a note to the Aclino; Secretary of State comnnniicnlin,';
to him, with the recpiest that he will snhmit it to his (Jovcrnincnt for their considciMtion,
the draft Agreement for a j/iof/i/s riVrHf/i eontaii\ed in yonr Lordship's telegram of lo-ilny.
No. 23.
Sir J. Paunccfote to the Marquis of Salishtmj, — {Received June 9.)
(Tclegra])hie.) Washington, June 9, 1B!)1.
Tin-' draft; of a note in answer to tho proposals for a inmtus vivendi contained in
your Lordship's telegram of yesterday, which will bo addressed to mc to-morrow, has just
been shown to me.
Tho words in Article 2 "as food skins, and not for tax and shipment," arc objected
to by the President on the grotmds that such a prevision would preclude tho export ami
sale of tho skins for tho purpose described in Mr. Blaine's note of tho 4tli May, i.e., to
cover the cost of clothing, food, and fuel for tho native inhabitants of the islands.
The President insists on tlie limitation of the power of seizure provided for in
Article 55 to the waters " outside the ordinary territorial limits." On this point 1 beg
to refer your Lordship to my telegram of the (ith instant.
He objects to tho p -ovision in Article 5 for the appointment of a Joint Commission
as having no jiroper jilace in the modus rirendi, but he will give the suggestion " a full
consideration in connection with tlio negotiation for arbitration,"
Article (>, as to a joint note to Russia, is olijected to on tiie ground that, westward
of the line of demarcation, the United Slates' Government has no jiower to agree to
reciprocal action if Russia should make it a condition of adhesion.
The note concludes by stating that the President is prejiared to sign at once th'?
first four Articles proposed by your Lordship, with the omission in Article U and the
additional clause in Article 3 specified above, if the xVgreement can be immediately put
into I'oroe.
I fear that lack of time will jirevcnt us carrying tho negotiation further, but T will
use my best otTorts to induce the United States' t^overnment to agree positively, as one
of the terms of arbitration, to a provision for a Joint Commission.
No. 24.
The Marquis of Salisbury to Sir R. Morier,
(Telegraphic.) Foreian Office, June 9, 1901.
IN consequence of the existing statutory limitations to the powers of the United
States' Executive, Her Majesty's Government propose that there shall be a close time in
Behring's Seii for this season on land and sea only, to the east of the line of 1867.
They are only asking, therefore, that Russian subjects shall be forbidden during
this year from sealing to the east of that line by sea, as Russia has no land to the east
of it; and that we shall be allowed to stop vessels sailing under the Russian f "vp ftliich
are so employed. But as the United States' Government maintain that they have i right
■tij^
mp
'mmmmmm
IB
to oxcludo all HJiipH oi whatever nation from tliat part of ]iuhring'u Sea, thoy cau hardly
join in tliirt re(|uost withont Htnltit'yin^ theniHelveH.
A cloHe time to the east of the lino in the roHiilt will also recruit I'no Hcal fiHlicry to
the went of it, and RuHsia, therefore, will lind her interest in ttccedinj; to our rcquoKt.
No. 2fi.
The Marquis of Salinbury to Sir J. PauncrJ'oic,
(Telei^fraphic.) ' Forciijn Office, June 10, 1891.
lU'jllltlNCI'S SUA mo(JuK Vivendi 1 liavo received your tele|i>ram of yesterday.
We assent to the insertion in Article .'> of the words, " outside ordinary territorial
liiiiitH," nnd also, tliou{;h reluctantly, to the omisHiou from Article 2 of the words, "as
food skins, and not for tax and shiinnent."
We cannot, however, consent to leave tlio Jrint Coinmission in 'IomM. It may be
R'l'orded in the form of a sepiirate note; but if the United States will not af^rce in
piinciple that inijuiry shail he made by a .Foint C)omnu."-ion as to what permanent
iiK'iiHures, il' any. are necossiiry for (he preservation of the seal species, it is useless for
us to involve our people in the inconvenience and cost which a close time for this year
tvoulil ontiiil.
The inodiis vivvndi is rendered much less valuable by the reply of the President with
ri'!i«rd to Kussia.
mm--
1"!
"K- !
No. 20.
Sir J. Pauncefole to the Marquis of Salisbury, ^'{Received June 10.)
(Tclen;raphic.) Washington, June 10, 1891.
WliMI reference to my telegram of last night, relative to JJchring's Sea, I have
liic honour to inform your f>orilshi|< that I called this morning on Mr. Wharton,
tlic Actinfi: Secretary of State. 1 explained tliat the words, "food skins, and Jiol for tax
ami siiipnionl," had been inserted in Arti(rle 2 for the pm'pose, not of preventing the sale
of tiie 7,riOO ntal-skins, but of ])r()hihiling the ])roceHS which has been described by the
United Sralcs' agents as the chief cause of the depletion of male seal life, namely,
(lie drivinji and re-diiving for scleclion. I was informed that the l^residenL still objects
to the words, but that he woidd jjrohably agree to the substitution of the phrase, " to
cover the cost of food, fuel, clothing, and other necessaries for the natives," which I
suugested in order that the humanitarian object of the reservation might appear on tlie
face of the document.
I ifresnme that your Tjoidship will not object to the substitution of this phrase, or
to the insertion in Article -') of the words, "outside the ordinary territorial limits."
Shoulil your [jordship have no oi)jection to these alterations, I venture to urge strongly
that J may be i once author,'/.ed to sign the Agreement for a modus vivendi, to consist of
till- ])reamble a 'id the tirst tour Articles, as contained in your Lordship's telegram
of the 8lh inst.uit, witli thi> alterations given above, and the omission, which is
ai;roed to by the State Department, of the last portion of Article 3, relating to the
application of tines imposed by the Courts, this not being provided for in the Bciiring's
Sea A(!t just jjassed.
Mr. Wharton assures me that the settlement of the terms of arbitration will
be greatly expedited by the immediate signature of the Agreement, and he expresses
the opinion that a Joint Commission may be rendered practicable this year by our
siffuing at once. ... .
i;-
. , No. 27.
Sir J. Pauncefole to the Marquis of Salisbury, — {Received June 10.)
('I'elegraphic.) Washington, June 10, 1891.
WITH reference to my telegrams of jcstcrday and to-doy respectively, I have the
honour to inform your Lordship thiit I received the official note to-day the draft of which
was shown me last night. It is identical with the draft, except that in Article 2 the
it.±^k.Ui*ijt,..Jili: .
mmmmmmmm
>l\
: I
' i;
16
words, "I'or the subsistence and care of the natives," have been inserted after "in
excess of 7,500 seals to be taken on the islands."
No. 28.
Sir R. Morier to the Marquis of Salisbury. — {Received June 10.)
(Telegraphic.) St. Petersburyh, June 10, 1891.
WITH reference to your Lordship'-s telegram of yesterday, 1 presume that, if we
claim right to stop ships under Kussian flag catching seals to the cast of tlie 18G7 line,
we are prepared to allow Russia, under similar circumstances, to stop our own ships.
No. 29.
The Marquis of Salisbury to Sir R. Morier.
(Telegraphic.) Foreign Office, June 10, 1891.
THE answer is " Yes " to the question asked in your telegram of to-day.
No. 30.
Foreign Office to Colonial Office.
Sir,
Foreign Ojfiic •»>; .., ^891.
I HAVE laid before the Marquis of Salisbury your lettc of the 8th inataat, inclosing
a protest from the Board of Trade of British Columbia agai ist the proposed prohibition
of sealing in Behring's Sea during the present season.
I am to state, in reply, that Lord Salisbury concurs in the answer which Lord
Knutsford proposes to return to this communication.
I am, &c.
(Signed) P. CUKRIE.
No. 31.
The Marquis of Salisbury to Sir J. Pauncefote,
(Telegraphic.) Foreign Office, June 11, 1891.
BEHKING'S Sr \ modus vivendi.
Before you can be authorized to sign the Agreement, as suggested in y jur telegram
of yesterday, you must obtain a written assurance in some form from the Or ' .
States' Government that they will agree to the proposed reference to a Joint Coroiii' it yv^
of Experts.
No. 32.
Sir J. Pauncefote to the Marquis of Salisbury, — {Received June 11.)
(Telegraphic.) Washington, June 11, 1891.
I J^OST no timp in addressing a note to the Acting Secretary of State in the sense
your Lordship's telegram of to-day relative to Behring's Sea.
This afternoon I received a reply in the iollowing terms : —
"The United States' Government, recognizing the fact
measures for the protection of seal life should embrace the
portions of the North Pacific Ocean, will have no hesitancy ii
with Her Majesty's Government, to the appointineiit of a Joiiu
what permanent measures are necessary for the preservation of the seal species in the
waters referred to ; such an Agreement to be signed ■iimiilL.in'; n;sly with the Convention
for Arbitration, and to be without prejudice .o the q-Kiitioxis to be submitted to the
Arbitrators.
Ao
that full and nd
; ii.i';^ Behring's iSeA -.; i
:<"• eing, in conn;'
Joiiimission to asceri..ii
jwuld be
jlave spe
iHinistcfs
ted after "in
" A full reply to your note oi the 3rd Ji'ne relating to the terms of arbitration will
aot be long delayed."
(The note of the 3rd June quoted above conveyed the sense of your Lordship's
lelcgram of the 2nd June.)
On receipt of this reply, which was handed to me by Mr. "Wharton, I expressed my
regret and disappointment at the stipulation contained in it that the Agreement for a
Joint Commission should be signed simultaneously with the Convention for Arbitration,
as the Commission's appointment might be thereby indefinitely delayed, with the result
that we should lose this year's season. He replied that the object of the stipulation was
to make it clear to tlie public that the Joint Commission had not been accepted by the
United States' Government until it had been definitely agreed that the settlement of the
leg.il rights in dispute between the two nations should be referred to arbitration, lie
assured me that the President was most anxious that the appointment of the Commission
should be early enough to permit it to commence its work during the season. In order
to secure tiiis result he would do everything in his power to expedite the signature of the
Convention for Arbitration.
I await your Lordship's further instructions as to the steps I should now take.
' r
'• ^ :
r ■ ^'
1 ■ :
•i ■: S
!:! -i
wer which Lord
No. 33.
The Marquis •,/ Salisbury to Sir J. Pauncefote.
1 Sir, Foreign Office, June 12, 1891.
I HAVE received your despatch of the 28th ultimo, inclosing copies of corre-
I spondence with the Acting Secretary of State respecting the proposed modus vivendi in
I Beliring's Ser..
Your iiote to Mr. Adee of the 27th May is approved by Her Majesty's Government.
I am, &c.
(Signed) SALISBURY.
r"j
; li h
I I
! I
■ ^
No. 34.
4
Colonial Office to Foreign Office. — {Received June 13.)
Sir, Downing Street, June 13, 1891.
I AM directed by Lord Knutsford to transmit to you, for the information of
the Marquis of Salisbury, a copy of a telegram which has been sent to the Governor-
General of Canada, respecting the selection of two British experts on the Joint
'''iminission of inquiry into the seal fishery in Behring's Sea.
I am, &c.
(Signed) JOHN BUAMSTON.
Il and fld I 'tc
Inclosure in No. 34.
Lord Knutsforri to Lord Stanlej of Preston.
iTcle^raphic.) Downing Street, June 12, 1891.
bHALL be glad to know views of youi I.Iir.lsters aj to selection of two British
|t.\perts Behring's Sea Arbitrp.lion.
We think Badcn-Powcll, Member of Parliament, who has studied tlie question,
I'oukl be valuable, and conclude he would be acceptable to Canada. The other should
Ikiive special scientific or practical knowledge of seals and their habits. Can your
llliuistcrs propose well-qualified person ?
' ii
[672]
i,
; It -; ■'
No. 36.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, June 13, 1891.
MODUS VIVENDI in Behring's Sea.
Tou are autliorized to sign the Agreement, recording that you do so on the clcnr
understanding that there vill be no (delay in the appointment of the Commission of
Experts.
We will send instructions to our cruizers as soon as we hear that you have signed.
No. 36.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received June 13.)
(Telegtaphic.) Washingto i, June 13, ISOl.
IMMEDIATELY on the receipt of your Lordship's telegram of the 13th instant
on the subject of the modus vivmdi in Bchring's Sea, I addressed a note to the Acting
Secretary of State, informing him that I had received your Lordship's authorization to
sign the modus vivtndi, on the clear understanding that there would be no delay k
app(>'uit'ng the Joint Commission.
T'l '^" wing are the terms of the note which I have received, in reply, from
Mr. TV i . -
"Th,: .sident directs me to say, in response to your note of this date, that his |
assent to tlie proposit'on for a Joint Commission, as ??;pres8ed in my note of the ,
9th June, was given in the exij^jectalion that both Governments would use every proper
effort to adjust the remaining points of difference in the general correspondence relating j
to arbitration, and to agree upon the definite terms of a submission, and of the appoint-
ment of a Joint Commission without unnecessary delay.
" He is glad that an agreement has finally been reached for the pending season."
The note proceeds with an invitation to call on ^londay next, at 10 o'clocii, at I
the State Department, in order to sign the Agreement. I have received a positive j
assurance .at the State Department that the President will be prepared to proceed to!
discuss the terms of arbitration immediately after the signature of the Agreement.
As this reply appears to me to be satisfactory, I propose to sign on Monday; but!
before doing so, I should be glad if your Lordship would send me your final authority Ik J
telegraph.
No. 37.
The Marquis of Salisbury io Sir J. Pauncefote.
(Telegraphic.) Foreign Office, June 14, 1S91,
BEHEING'S SEA modus vivendi.
In reply to your telegram of to-day, I have to inform you that you are authorized to
sign the Agreement.
No. 38.
.f- ■■!
Sir J. Pauncefote to the Marquis of Salisbury, — (Received June 14.)
(Telegraphic.) " ■ Washington, June H, l^Ol.
THE Acting Secretary of State and I have Just signed the Agreement for a moM
vivendi in Behring's Sea.
I am now awaiting an appointment to continue the discussion of the terms
arbitration.
Tho abovo has been repeated to Lord Stanley.
wm
«M
wmm
A, in reply, from
n of the terms
10 -
No. 39. .
Sir J. Pauncefote to the Marquis of Salisbury. — (Received June 15.)
My Lord, Washington, June 5, 1891.
WITH reference to my telegram of the 3rd instant, I have the honour to inclose
copies of the Memoranda hased on your Lordship's telegrams of the 2nd instant, on
the subject of the modus vivendi in Beiiring's Sea, and of the terms of arbitration
respectively, which I left yesterday morning with the Under-Secretary of State.
T nfl.vf* SiC
(Signed) ' JULIAN PAUNCEFOTE.
Inclobure 1 in No. 39.
Memorandum.
Proposal of Her Majesty* s Government for a modus vivendi m the Behring's Sea during the
present Fishery Season.
THE Governments of Great Britain and of the United States shall prohibit, until
May 1892, the killing of seals in Behring's Sea or any islands thereof, and will, to the
best of their power and ability, insure that the subjects and citizens of the two nations
respectively, and the vessels flying their respective flags, shall observe that prohibition.
2. During the period above specified the United States' Government shall have the
right to kill 7,500 seals.
3. Consuls may, at any time, be appointed to the islands in the Behring's Sea, and
the United States' Government will grant an exequatur to any such Consul.
4. Unless the assent of Russia be obtained to this Convention it shall not come into
operation.
(Signed) JULIAN PAUNCEFOTE.
Washington, June 3, 1891.
Inclosure 2 in No. 39.
Memorandum.
THE Undersigned has been instructed by the Marquis of Salisbury to inform
tiie United States' Government that Her Majesty's Government are prepared to assent
to the first five questions proposed to be submitted to arbitration in the note of the
Honourable James G. Blaine to the Undersigned, dated the i4th April last.
Her Majesty's Government cannot give their assent to the sixth question formulated
I in that note. In lieu thereof they propose the appointment of a Commission to consist
of four experts, of whom two shall be nominated by each Government, and a Chairman,
I who shall be nominated by the Arbitrators. The Commission shall examine and report
I on the question which follows : —
" I'or the purpose of preserving the fur-seal race in Behring's Sea from extermination,
J what international arrangements, if any, are necessary between Great Britain and the
I United States and Russia or any other Power ?"
As regards the question of compensation Her Majesty's Government propose
I the following Article : —
" It shall be competent to the Arbitrators to award such compensation as in their
I judgment shall be equitable to the subjects and citizens of either Power who shall be
I ihown to have been damnified in the pursuit of the industry of sealing by the action of
I the other Power."
(Signed) JULIAN PAUNCEFOTE.
Washington, June 3, 1891.
P
- -h't
!
.. I
'1
h-n
4
[072]
1)2
90
JTo. 40.
Sir J. Pauncefote to the Marquis of Salisbury,* — (Received June 15.)
My Lord, Washington, June 5, ISOl.
WITH reference to my teleio^rnm of the 4tli instant, I have the honour d, I
inclose a copy of a note which I received yei5terday from the Honourahlo AVilliam
Wharton, the Acting Secretary of State, in reply to the counter-proposals of ITtrl
Majesty's Government for a modus vivendi in Behring's Sea, communicated by me to tlK;!
United States' Government in accordance with the instructions contained in your Lord- [
ship's telegram of the 2nd instant.
I have, &c.
(Signed) JULIAN PAUNCEFOTI,
Inclosure in No. 40.
Mr. Wharton to Sir J. Pauncefote.
Sir. Department of State, Washington, June 4, 1891.
I AM directed by the President to say, in reply to your note of the 3rd instant,
conveying to the Government of the United States the response of Her Majestv'-
Government to the proposal of Mr. Blaine for a modus vivendi, relating to tlio seail
fisheries in Behring's Sea during the present season : —
First. In place of the first and second sub-divisions of the Agreement as submitted
by you, the President suggests the following : — |
1. The Government of Great Britain shall prohibit until May 1892 the killing of
seals in all that part of Behring's Sea lying east, eastwardly or south-eastwardly of tlie
line described in Article I of the Convention between the United States and Russia o
date the 30th March. 1867, and will promptly take such steps as are best calculated
effectively to insure the observance of this prohibition by the subjects and citizens of
Great Britain and all vessels flying its flag.
2. The Government of the United States shall prohibit, until May 1892, the killind
of seals in that part of Behring's Sea above described, and on the shores and islands
thereof, tiie property of the United States (in excess of 7,500 '.,0 be taken on the
islands) ; and the Government of the United States will prom))tly cake such steps as are
best calculated effectually to insure the observance of this prohibition by the citizens ot|
the United S' ,tes and the vessels flying its flag.
These changes are suggested in order that tlie modus vivendi may clearly have the]
same territorial extent with the pending proposals for arbitration ; that the stipulation foi
a prohibition of seal-killing upon the islands of the United States may rest upon its own|
order, and that the obligation of the respective Governments to give prompt and vigoioui
effect to the Agreement may be more clearly apparent.
Secondly. The pertinency of the suggestion contained in the third sub-division ol
Lord Salisbury's proposal is not apparent to the Preside)' The Statutes of tiie Unite
States explicitly prohibit the landing of any vessels at the seal islands, and the resiilenc
thereon of any person, unless specifically authorized by the Secretary of the Treasurj,
It is, therefore, obvious that no Consular functions could be discharged upon the islandi
by any Representative of Her Majesty's Government. The President regards this Law
as declaring an exception as to the residence of Consuls, within the meaning of Article IV
of the Convention of Commerce and Navigation of the 22nd December, 1815, bctweei
Her Majesty's Government and the United States. If the proposal is intended to relat
to the Islands of St. Paul and St. George, and has for its object access for such Agent;
of the Government of Her Majesty as may be appointed to investigate facts that maj
be involved in the pending proposals for arbitration, or in the hearing before tiie Arbi
trators, 1 am directed by the President to say that, in the event of an agreement fni
arbitration of the questions in dispute between Great Britain and the United States, In
would be willing to extend reasonable facilities to Great Britain for the investigation ai
the islands of any facts involved in the controversy.
Thirdly. The fourth clause of the proposal of Her Majesty's Government, limitin]
the taking effect of the modus vivendi upon the assent of Russia, presents what seems t
* SubittDM telegraphed and reeeWed June 4.
AUNCEFOTi;
lating <o tlie soiul
ment as submittedl
■'_■.■ 21
the President an insuperable difficulty, as an adherence to that suggestion by Her
Majesty's Government will, in his opinion, prevent the conclusion of any Agreement, and
will inevitably cause such a delay as to thwart the purposes which he must suppose both
Governments have had in view. He is surprised that this result did not suggest itself to
Lord Salisbury, and does not doubt that it will be apparent to him on a re-examinatiou.
I am also directed to remind you that the contention between the United States and
Great iiritain has been limited to that part of Bchring's Sea eastward of the line of
demnrkation described in our Convention with Russia, to which reference has already
been made, and that Russia has never asserted any rights in these waters affecting the
subject-matter of this contention, and cannot, therefore, be a necessary party to these
ncjfotiations, ii' they arc not now improperly expanded. Under the Statutes of the
United States, the President is authorized to prohibit sealing in the Behring's Sea within
the limits described in our Convention with Russia, and to restrict the killing of seals on
the islands of the United States ; but no authority is conferred upon him to prohibit or
make penal the taking of seals in the waters of Behring's Sea westward of the lino
referred to or upon any of the shores or islands thereof. It was never supposed by any
one representing the Government of the United States in this correspondence or by the
President, that an agreement for a modus vivendi covM be broader than the subject of
contention stated in the correspondence of the respective Governments.
Negotiations for an arbitration have been proceeding between the United States
and Great Britain, and if these Powers are competent to settle by this friendly method
their respective rights and relations in the disputed waters upon a permanent basis, it
would seem to follow that no question could arise as to their competency to deal directly
with the subject for a single season. If Great Britain now insists upon impossible con-
ditions, viz., that the conclusion of the modus vivendi is to be delayed until, and made
contingent upon the assent of Russia to stop the killing of seals on its own islands and
in its own waters, and ujjon the exercise by the President of powers not conferred by
law, this would be, in his opinion, a practical withdrawal by Great Britain from the
negotiations for a modus vivendi. This he would very much regret, and he confidently
hopes that a reconsideration will enable Lord Salisbury to waive the suggestion of
Russia's participation in the Agreement, and the inclusion of other waters than those to
which the contention between the United States and Great Britain relates.
In case the terms of the modus vivendi are agreed upon, the President suggests that
a provision heretofore considered in another connection in the general correspondence,
ty which the naval or other duly commissioned oflicers of either party may arrest any
oifending vessel and turn it over at the nearest port of the nation whose flag it carries,
for such judicial proceedings as tiie law provider, sliould be incorporated here, the more
effectually to carry out the stipulations of the respective Governments to prohibit their
citizens and vessels from taking seals in the specified waters of Behring's Sea.
Having, with a view to an exigency which he has several times caused to be
explained to you, promptly responded to the suggestions of your note of yesterday, the
President directs me to say that he will be pleased to have from Lord Salisbury a prompt
response to these suggestions.
I am further directed by the President to say that your note of the same date
referring to the conditions of the proposed arbitration, and stating the objection of Lord
Salisbury to some points in tlie proposal of Mr. Blaine, will have the early attention of
the President,
I have, &c.
(Signed) WILLIAM F. WHARTON,
* . Acting Secretary.
N"o. 41.
Sir R. Morier to the Marquis of Saliibury. — (Recmed June 15.)
My Lord, St. Petersburgh, June 10, 1891.
WHEN your Lordship's telegram of the 2nd instant, respecting the seal question in
the Behring's Sea. reached St. Petersburgh on Wednesday morning, I chanced to be in
Finland, whither I had gone for an indispensable change of air. M. de Giers also
intended to proceed thither at the end of the week. The places where we were respec-
tivrly staying were a consideral)le distance apart, and as I was not sure which day
M. de Giers was leaving St. Petersburgh, I did not know whether to go to the capital or
I::
V!.
I
fi ;
1
■ i, , i 1 ■ ■ I
: i 4
(r
H
'■ ' i ^ ' ■
■ .11 I
■arfUW-t^.;!..!--
*«1"1W.*''"'''- '■T".'l'i'l»i""f (."VIW* '■
»
to his country house. I accordingly telegraphed to Mr. Howard to at onco address a
note to tlio Foreign Oflice in the Honso of your Lordship's telegram, and arraiii>uil to
meet M. de Giers at his country house on Sunday. ]>y tliis means no time was lost, lor
as early as Thursday night M. Shishkine, the Und(>r-Socrotary for I'^oreign Allairs, JiuJ
telof'mphed tlie contents of Mr. Howard's note to j\I. do Giers, who, when I reiiclicii Imu
on Sunday, had had the ]»ai)ers connected with the subject sent up to him, and was in a
position to give a jjrovisional reply.
His E.xcellency's statement was to the foUowirig elfect.
, The question of seal-hunting in the ik>hring's Sea had formed the suhject of con-
tinuous negotiation hetween the United States' Government and his own for a voiy
considerahle time, and many proposals had heen submitted to him hy the United States'
Department, to none of which, however, had he heen able to give his assent. So
far as he could sec, your Lonlship's projiosal was very reasonable, and its principle—
namely, to give the seal fisheries a year's rest, in order to come to a definite arrangement
as to the hest means for preventing the destruction of these valuable animals — was one
with -which he had the i'ullest sympathy. It was impossible, however, to give nic an
answer otl'-hand, because the matter lay not with the JSIinister for Foreign Alliiirs, but
with that of the Domains. Now it so happened that cpiite lately the former Contract of
the Government with the Alaska Company had terminated, and a new Contract witli a
Russian Company had been substituteil lor it. Whether AF, Ostrowski, the Minister of
the Domains, would be in a position to put this Contract in abeyance for the next twelve
months, and whether, if he could, he would be able to do so without bringing the matter
again before the Committee of ^Ministers, which would require some time, his Excellency
could not tell mo till he received a reply from his colleague. He had written to him to
urge expedition in the matter, and hoped to be able to give me a definite answer ])y the
middle of the week.
On my return to St. I'etcrsburgh 1 called upon M. VeshniakofV, the alter ego of the
Minister of Domains, and urged on him the desirability of expedition. I found him well
disposed towards the proposal, and I may therefore hope that a favourable answer will
he given.
On the receipt of your Lordship's telegram of the 9th instant this morning, I
addressed to M. de Giers a note embodying its contents, and called in the afternoon on
M. Shishkine to urge that it should he immediately sent to the Ministry of Domains. He
was not in a position to discuss the merits of this new departure.
I have the honour to transmit herewith copies of Mr. Howard's note of the 4th
instant and of mine of to-day's date.
I have, &c.
(Signed) R. B. D. MORIER,
Inclosure 1 in No. 41.
Sir R. Morier to M. de Giers.
M. Ic Ministre, St. Peter^burgh, Mmj 23 {June 4), ISO I.
I HAVE heen instructed by Her Majesty's Principal Secretary of State for Foreign
Affairs to inform your Excellency that Her iMajesty's Government have agreed to a
proposal of the United States' Government to suspend seal-hunting in the waters and
islands of the Behring's Sea until the month of May next year. The two Powers engage
to prevent, to the best of their ability, seal-luinting of every kind on the part of their
subjects, with the exception, however, of allowing 7,i>l)0 seals. to be taken for the suppDrt
of the Aleuts employed by the Alaska Company. Lord Salisbury adds that, of course,
there can he no question of this Agreement being signed unless Russia is willing to
heconie a party to the same, and I am accordingly instructed lo inquire of your Excel-
lency whether the Imperial Government would be disposed to co-operate with the other
two Powers concerned in effecting the proposed suspension.
J avail, &c.
(For Sir R. Morier),
(Signed) HENRY HOWARD.
imti'*"ftiii'ii
lotc of the 4th
). MOEIER.
28
Tnclosuro 2 in No. 41.
Sir R. Morier to M. do Giers.
M. lo Miniatrc, ,Sf/, Pplrrshurgh, May 29 {June 10), 1891.
WITH roforonpo to my notn of tlio 2^1(1 May ( Jtli .Tunc), 1 Imvo now tho lionoiir to
inform you llint I litivo rcccivod inHtructions from tlio Marquis of Salisbury (o point out
to your I'ACi'lIency that, owiuy; to tlio Constitutional limits placed upon the powers
exorcised by the Executive Oovcrnmeut of tiie United States, tlic proposal of Iler
Majesty's Government is limited to the enforcement of a close season ou land and sea,
cast of tho lino fixed l)y the Treaty of 18(i7. Tiicy are accordingly only anxious tliat
RiiKsi". should prohil)it iier subjects from sealinp; tiiis year to tiie cast of that line in the
open sea (seein<^ that there is no Ihissian land ou tlie eastern side of this boundary),
and should antiiorizo us to stop vessels under her tlag enj^afjcd in seal-huntinjj; in those
natera. The American Govcrujuent would appear to l)e precluded from associating
themselves in this recpu'st, as they contend tiiat they have a right to exclude ships of
every nationality from tliis portion of tlie Bchring's Sea.
It will ckmrly be to Russia's interest to grant this request, as a close season to tho
cast of the 1 8G7 line will naturally bcneiit the lishing on its western side.
1 avail, &c,
(Signed) R. IJ. D. MORIER.
No. 42.
Sir E. Mulct to the Marquis of Snlishury.— (Received June 15.)
My Lord, nerlin, June 12, 1891.
^\ ITTT reference to your Lordship's despatch of the 3rd instant, instructing me
to ascertain whether the interest taken by the German Government in the Behring's
Soa seal fishery was sucii as to malce it advisable to ask their concurrence in the suspen-
sion of the fishery, I iiavc the iionour to inform your Lord-ihip that Haron von iMai'schall
tohl mc to-day that iiis Government did not take suflicient interest in tlie matter to
make it wortii their while to enter upon the lengthy I)Ut necesi=ary process of submitting
tlie matter to the Reichstag for its sanction to their participation in an Agreement for
tlic suspension of the fishery.
I have, &c.
(Signed) EDWARD B. MALET.
No. 43.
Sir J. Pauncpfote to the Marquis of Salisbury. — (Received June 15.)
(Telegraphic.) Washington, June 15, 1891.
A PllOCLAMATION has to-day been issued by the President, of which I. shall ,
send the text by mail to-morrow, embodying the terms of the Agreement i'or thc-modui'^
Vivendi in Behring's Sea. '.■
No. 44. ■ • •. :
Admiralty lo Foreign Office — (Received June 17.)
Sir, Admiralty, June 10, 1891.
WITH reference to previous corrcsijondencc respecting the 13ehring's Sea seal
fisliery, I am commanded by my Lords Commissioners of the Admiralty to transmit
herewith, for the information of the Secretary of State for Foreign Affairs, copies
of telegrams which have this day been sent to the Commander-in-chief in China
and the Senior OlUcer at Esquimalt, directing Her Majesty's ships "Porpoise,"
"Nymphe," and "Pheasant" to ])roceed to Behring's Sea for fishery duty, and o
carry out the provisions of "The Seal Fishery (Behring's Sea) Act, 1891."
I am, &c.
(Signed) EVAN MACGEEGOll.
Inclosurc in No. 44.
[Telegrams sent to Commander-in-chief in China airl the Senior Officer at lisqiiimall.
To Senior Officer, Esquiniall.
THE following Act of Parliament has been passed : —
Article 1, clause 1. Her I^fojesty the Queen may, by Order in Coum-ii, • .oliibit \\w
catching of seals by British ships in Jlehring's Sea, or sueli part tiior.jol as is detirci! hy
the said Order during the period limited by the Order.
Clause 2. While an Order in Council under tills Act is in force, a person bclonirina;
to a British ship shall not kill or take or hunt, or attempt to kill or take, any seal wiiiiin
Behring's Sea during the period limited by the Order, and a IJritish ship sliall not,
nor shall any of the equipment or crew thereof, be used or employed in such killing,
taking, hunting, or attempt.
Clause 3. If there is any contravention of this Act, any person commitling,
procuring, aiding, or abetting such contravention shall be guiity of a misdemeiinour
within meaning of "The Merchant Shipping Act, 18/>4," and the ship and her equipniciit,
and every* hing on board thereof, shall be tbrfeitcd to Her ^lajcsty as if nn offence had
been con>mitted under section 103 of the said Act, and the jjrovisions of sectiims lO,"^
and 104 and Part 10 of the said Act shall apply as if they were herein re-enacted, and
in terms made applicable to an offence and forfeiture under this Act.
Clause 4. Any commissioned officer on full pay in the naval service of Her Mnjcsty
shall have power, during the period limited by the Order in Council, to stop and e.«Laniinc
any British ship in Behring's Sea and to detain her or any portion of her e(iuipiaent or
any of her crew, if in his judgment the ship is being or is preparing to be used
or employed in contravention of this section.
Clause 6. If a British ship is found within Behring's Sea having on board thereof
fishing or ^booting implements or sealskins or bodies of seals, it shall lie on the owner
or master of such ship to prove that the ship was not used or employed in contravention
of this Act.
Article 3, clause I. This Act shall apply to the animal known as the fur-seal, and to
any marine animal specified in that behalf by an Order in Council under this Act, and
the expresssion "seal" in this Act shall be construed accordingly.
Clause 2. The expression " Behring's Sea " in this Act means the seas known
as Behring's Sea within the limits described in an Order under this Act ;
Clause 3. The expression "equipment" in this Act includes any boat, tackle, fishing
or shooting instruments, and other things belonging to the ship.
Clause 4. This Act may be cited as "The Seal Fishery (Behring's Sea) Act, 1801."
Order in Council accordingly has been approved. It will only apply to Behring's
Sea, and only that part of Behring's Sea which is cast of the Russian- American line:
description in separate telegram.
Your instructions are to proceed at once with " Nymphc " and " Pheasant "
Behring's Sea and cruize to eastward of above-named line as may be necessary. Every
ship under British colours which in your judgment is hunting seals or preparing to do so,
if you think she is acting in ignorance of tiie prohibition or believes herself to be outside
prohibited waters, you may let her go with warning. If a ship is found deliberately
offending, confiscate all her equipment necessary for sealing, and record names of ship
and master for prosecution afterwards. If you find American vessel deliberately
offending, you are authorized by Convention just signed to arrest her, and you should
record name of captain and vessel, and proof of offence, informing American authorities.
If you can, it will be your duty to co-operate with American cruizers, who will Inive
similar orders. " Nymphe " and " Pheasant " to proceed at once on this duty.
"Porpoise" will proceed to Iliuliuk Harbour, Ounalaska, "lom China, to be under
command of "Nymphe," who will give copy instructions for guidance. These vessels to
remain on this service until close fishing season. Text of American Proclamation in
newspapers of 16tb June. Ask for further information on any points not clear to you.
Acknowledge receipt by telegram.
To Senior Officer, Esquimalt,
With reference to my telegram of 16th June, line of demarcation proceeds in a
eottrse nearly souch-west through Behring's Strait and Behring's Sea, so as to pass
midway betweeu the nortb-west point of the Island of St. Lawrence and the south-east
.'.i..... j,...:.^'..
Ii'ii .ttlJ l^hl'M^''^'^'^ '■■•*''
ic seas known
, tackle, fishing
26
point ot'Cnpc 'IVhitkoioki to tlip mcritiinn of 172" west longitude; thence from the intcr-
si'ction of that meridian in a south-wester!)' «lirection so as to pass niidwiiy between the
Island of Attoii and the Copper Island of the Kormandorski couplet or jjroup in the
North I'acific to tiie meridian of 1G7" cast longitude, so as to include in the territory
conveyed the whole of the Aleutian Islands cast of that meridian.
To Commander-in-chief, China.
Order " Porpoise " to proceed to rendezvous at Iliuliuk Harbour, Ounalaska,
Bolirintr's Sea, lor service on fishery duties; will receive orders from "Nymplie." Order
iiDcessary charts Hong Kong if "Severn," " Leander," have not got them. Coal
ordered from Ksquimalt. " Severn," " Leander," " Mercury " are no longer required,
and available for ordinary station work, " Porpoise " to report by telegraph date
sailing and probable arrival destination.
To Senior Officer, Esquimau.
Arrange locally to send 1,800 tons coal Iliuliuk Harbour, Ounalaska, Behring's Sea,
for " Nymphc," " Pheasant," " Porpoise." Half in time to meet " Nyraphe,"
"Pheasant," remainder as necessary. "Porpoise" joins from China. Report by
telegraph arrangements.
No. 4fi.
The Marquis of Salisburi/ to Sir R, Morier.
Sir, Foreign Office, June 17, 1891.
THE Russian Ambassador to-day explained to me that it whs impossible that his
Government should forbid seal-hunting during the present year upon Russian lands and
in Russian waters, because they had quite recently leased the senl fisheries to a
Company, and ns the lease had been solemnly confirmed by the Council of State, it was
not in their power to go back upon it now.
I explained to his Excellency that the American Government, not possessing the
necessary legal power for arresting American vessels in the Avestern part of Behring's Sea,
had restricted its consent to that part of Behring's Sea which lay to the east of the liiii!
described in the Eussian- American Treaty of 1867. It consequently followed that all
that we now had occasion to ask of the Russian Government was that they would permit,
us to turn back and hinder from seal-hunting any vessels under the Russian flag which
might appear to the east of the line to which I have referred.
His Excellency replied that it had been the policy of the Russian Government to
discourage pelagic scaUhunting altogether, and to confine it to the Russian islands, as far
as they were concerned ; and that, as a matter of fact, Russian vessels were not in the
habit of hunting seals to the east of the Russian-American U.ie, and were certainly never
encouraged to do so. He said that he would transmit to M. de Giers a pressing request.
I am, &c.
(Signed) SALISBURY.
No. 40.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received Ji^'r iS.)
My Lord, Washington, June 9, 1891.
I HAVE the honour to inclose copy of the note which, on receipt of your Lordship's
telegram of the 5th instant, I addressed to the Acting Secretary of State inclosing
a Memorandum, copy of which is likewise inclosed, giving the substance of your Lordship's
above-mentioned telegram on the subject of the proposed modus vivendi in Behring's
Sea. .
I have, /kc.
(Signed) JULIAN PAUNCEFOTE.
f672j
»
s
h ' ' i
I '
i- '
UmI
lii
1
1
1
■
M
H Sj :
8 1)
I^Hi : -:«)
t 1
"IP *^ '
I t
i- '■; ■
■!
' i-y ■Hi t
■• -f
i ''^
^
s 1
• il^
1
pi
^jjM
1
I
IncloHiirc 1 in No, 40.
Sir J, Paunrefote to Mr. IVharton,
Sir, WimhliKjIon, June 0, 181)1.
IMMRDIATRLY on the rccoipt of your note of the Uli instant, relative to tlie
proposed modus rirendi in IJeliring's Boa, I communicated its contents to tlic Maniuis of
Salisbury by telen;rapli.
I have now the honour to inform you that lato last ni;{ht I received a telejfrnphic
reply from his Lordship, of which the substance is contained ia the inclosed Memo.
randum,
1 have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 2 in No. 40.
Memorandum,
HER Majesty's Government accept the proposal of the President that the modun
Vivendi, if nnjrccd upon, should provide that tlie naval or other duly commissioned otTiccrs
of either party may arrest any oH'oiulinj; vessel anil turn it over at tlie nearest port of tiic
nation whoso llan' it carries, for such judicial iiroc'cdinns as tlic law provides.
By acL'cptini;' tliis proposal, Her Majesty's (Jovt'rnnienl yivo to the cruizors of tlic
United Slates the 'power of siipervisinj;' the ccmduct of British subjects in observinir the
proposed au;ieen>ent at sea. This is a concession which, in Lord Salisltury's opinion,
entitles Her Majesty's Government to ask from the United States the correspoiidinf;
power of supervising the proceedings cf United States' citizens on the Seal Islands. It
is on the fidelity with which the condition of not killing more than 7,500 seals is observed
that the equality of the proposed agreement depends.
Her MajcRty's Government, therefore, regard it ns indispensable that they should
have the right of satisfying themselves that this condition is fully observci' by citizens of
the United States. If there be an objection on the part of the United ' 3s' Govern,
ment to issuing an exequatur to a permanent Consul on the Seal Island ^ Salisbury
suggests that they can under the Statute specially authorize the reside. ..^reon of a
British Agent during the present season.
His Lordship will not insist on the condition that Russia shall be a party to the
Agreement, but ho must earnestly press the United States' Government to extend the
prohibition to their citizens and vessels over the entire area of Behring's Sea. In that
case Her Majesty's Government, on their part, will similarly extend the prohibition to
British subjects and vessels.
Lord Salisbury points out that, if seal-hunting be prohibited on one side of a purely
imaginary line drawn in the open ocean, while it is permitted on the other side of the
line, it will be impossible in many cases to prove unlawful sealing, or to infer it from
the possession of skins or tishing tackle. In conclusiou, Lord Salisbury states that Her
Majesty's Government consider it a matter of great importance that the two Governments
should agree on the terms of arbitration at the same time as on a modus vivendi. The
suspension of sealing is not a measure which they could repeat another year.
No. 47.
Sir J. Pauncefote to the Marquis of Salisburif.* — (Received June 18.)
My Lord, Washington, June 9, 1891.
WITH reference to my telegram of the Gth instant, I have the honour to inclose I
copy of the note wliich I received on that day from the United States' Government [
respecting the proposed modus vivendi in Behring's Sea.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Siibslanco telegraplied on June 6.
i:L':ZiL-^x^ii:^i^.iiu^ V-- »-*f'.;.t
JNCEFOTE.
lint they should
c(' by citizens of
lUNCEFOTE.
27
Inclosure in No. 47.
Mr, fVharlon to Sir J. Pauncefote.
Sir, irashinr/ton, June 0, 1891.
I .\M directed by tlic President to say tlint ho linfl received witli great satisfaction
the note of Lord ftalishiiry of to-day'.s jjateiii ro[)ly to my note of the 4th instant. He
diicclH iiic to ask you to remind FiOrd SalLshiiry that the liiriitation of the killinj^ of seals
upon the islands is absolutely within Die control of the United States, as a daily count is
made hy sworn ofRcors, and to inform him that already, in order to insure such control
pending these negotiations, the agents of the Treasury Department who have been
dispatched to the Seal Islands, have been instructed to stop the killing when 7,600 hove
been taken, and to await the arrival of further orders; though ordinarily the taking of
the seals on the islands dcies not begin until about the 1st July. The enforcement of an
agreed limitation being so fully in the control of the United States, the President is
sure that Lord Salisbury will not question the absoute good faith of this Government in
observing its stipulation to limit the catch to 7,'''^0. This Government could not, of
course, consent to any arrangement that implied such a doubt, or involved any foreign
supervision on the islands.
If the prompt and cH'cctual recall of the tleet of Canadian scalers now at sea was as
fully within the control of Great liritain, tlie President would not have suggested the
provision for the arro.st by cither parly of vessels violating the prohibition, but would
have rested eonflilently in the assurance given by Her Majesty's Goveniment.
But, in view of the I'act that the evidence which the respective Governments will
present to the Arbitrators (if that happy solution of I lie pending difficulties shall be
attained) must be collected during the present season, and as the definitive Agreement
for arbitration cannot be concluded contemporaneously with this Agreement, the
President directs me to say that he is quite willing to agree that Her Majesty's Govern-
ment may send to the Seal Islands with a view to collecting the facts that may be
involved in an arbitration, and especially facts relating to seal life and to the results of
the methods which have been pursued in the killing of cals, a suitable person or persons
to make the necessary observations. The present and the comparative conditions of the
rookeries may become an important consideration before Arbitrators in a certain event,
and the President would not ask that the evidence upon this .subject should be wholly
from one side. He is desirous that the prohibition of the killing of seals for this season
shall be as wide and absolute as possible, and will not omit the exercise of any power
confided to him by law to promote that end.
He directs nie to assure Lord SSalisbury that he is extremely desirous to bring to a
speedy conclusion the pending negotiations for the submission to impartial Arbitrators of
the points of dill'crcnce between the two Governments, and regrets that, for reasons
which have been explained to you, an immediate answer cannot be returned to his
Lordship's note upon that subject of the 2nd instant. He feels sure, however, that the
prompt announcement of an agreement for a wodus vivcudi for tiiis season, while there
is yet time to make it mutually effective, will not fail to have a happy influence upon the
final negotiation.
It is hoped that authority may be given to you, as the Ecpresentative of Her
Majesty's Government at tliis capital, to conclude immediately, upon the passage of the
Bill now pending in Parliament, the following agreement : —
For the purpose of avoiding irritating differences, and with a view to promote a
friendly settlement of Ihe questions pending between the Government of Great Britain
on the one side, and the United States of America on the other, touching the rights of
the respective nations in the Behring's Sea, the following agreement is made, which
shall have no effect to limit or prejudice the rights or claims of either Power except as
therein expressly stipulated and for the time therein limited : —
1. The Government of Great Britain will prohibit until May 1892 the killing of
seals in all that part of the Behring's Sea lying east, eastwardly, or south-eastwardly of
the line described in Article I of the Conventiim between the United States and Russia,
of the 80th March, 1S(37, and will promptly take such steps as are best calculated
effectively to insure the observance of this prohibition by the subjects and citizens of
Great Britain, and all vessels flying its flag.
2. The Government of the United States will prohibit until May 1892 the killing of
seals in that part of Behring's Sea above described, and on the shores and islands
thereof, the property of the United States (except that 7,500 seals and no more may be
taken on the islands), and the Government of the United States will promptly take such
[672] E 2
! I
I^V\hi
V
28
steps as are best calculated effectively to assure the observance of this prohibition by the
citizens of the United States, and the vessels flying its flag.
3. All vessels or persons violating the laws of their respective Governments in this
regard outside the ordinary territorial limits may be seized and detained by the naval or
othf r duly commissioned oflicers of either of the High Contracting Parties, but they
shall be handed over as soon as practicable to the authorities of the nation to which they
respectively belong for trial and for the imposition of the penalties and forfeitures
provided by law.
4. In order to facilitai \ such proper inquiries as Her Majesty's Government may
desire to make M'ith a view to the presentation of the case of that Government beiore
Arbitrators, and in the expectation that an agree'ncnt for arbitration may ultimately be
reached, it is agreed that a suitable person or persons to be designated by Great Britain
will be permitted at any time, upon application, to visit or to remain upon the seal
islands during the present sealing season, for that purpose.
I have, &c.
(Signed) "W. F. WHARTON.
No. 18.
Coloniu.. Office to Foreign Office. — {Received June 18.)
Su", Downing Street, June 17, 1891.
WITH reference to your letter of the 10*^^h instant, I am directed by Lord
Knutsford to transmit to you a copy of the reply which he caused to be returned to the
letter from the High Commissioner for Canada, forwarding a protest from the British
Columbia Board of Trade against the piohibition of sealing in Behring's Sea this season,
I am, at the same time, to transmit to you, to be laid before the Marquis of Salisbury, a
copy of a despatch frcm the Governor-General of Canada, fovvarding copies of
telegraphic protests against the prohibition from the Premier of British Columbia, and
from tho British Columbian sealers.
Lord Knutsford proposes, if Lord Salisbury concurs, to refer the Governor-General
to the despatch which has been sent to him containing the correspondence with the
Higli Commissioner, anu to iesire him to reply to these telegrams in similar terms to the
reply addressed to the Hi;^L Commissioner on the 13th instant.*
I am, &c.
(Signed) JOHN BRAMSTON.
Inclosure 1 in No. 48.
Lord Stanley of Preston to Lord Knutsford
My Lord, Government House, Ottawa, June 3, 1891.
AV'^ITH reference to my telegram of to-day, I have the honour to inclose herewith
copies of telegrams from the Premier of British Columbia, and from the British
Columbia sealers, protesting against the Bill prohibiting sealing in the Behring's Sea.
I I1&.V6 &L0
(Signed) ' STANLEY OF PRESTON.
Inclosure 2 in No. 48.
Mr. Robson to Mr. Dewdney.
(Telegraphic.) June 2, 1891.
BRITISH Columbia sealers strongly protest against close season this year as it
would ruin them, all their preparations and contracts having been made. Please wire
me when it io ii.vended closed season shall commence.
* Sm >io. 18, and Incloaure 4 in No 48, infra.
flp^
w^ mim^mmmmm
ffeleffraphic.)
BRITISH
lehring's Sea.
29
fnclosure 3 in iJo. 18.
Mr, Cox to Mr. Tapper.
June 1, 1S!)1.
Ccl"r>ibia sealers ask you to protest against Bill prohibiting sealiii
Very unjust co us. Heavy capital invested ; would ruin many here.
Inclosure 4 in No. 48.
Colonial Office to Sir C. Tapper. , •
Downing Street, June 13, 1891.
I AM directed by Lord Knutsford to acknowledge the receipt ot your letter of the
|rd instant, forwarding copy of a telegram from the President of the Board of Trade of
ritish Columbia, protesting against the proposed prohibition of sealing in Behring's Sea
I season.
1 am to point out to you, in reply, that as the total cessation of sealing in Behring's
k will greatly enhance the value of the produce rf the coast fishery, Her Majesty's
tovernment do not anticipate that British sealer' will saffer to any great extent by
fusion from Behring's Sea.
They will be prepared, however, to consider any case in which it is clearly
ablished that direct loss has been suffered by a British subject through the enforce-
ment of the prohibition against sealing in Behring's Sea.
I am, &c.
(Signed) JOHN BRAMSTON.
No. 49.
Colonial Office to Foreign Office. — {Received June 18.)
lir, Downing Street, June 18, 1891^
I AM directed by Lord Knutsford to transmit to you, for the information of the
harquis of Salisbury, a paraphrase of a telegram which was sent to the Governor-General
If Cano la respecting the nomination of the British members of the Commission ol
fsperts, together with a paraphrase of the reply which has been received.
Lord Knutsford presumes that Lord Salisbury will submit the names of Sir G.
laden-Powell and Mr. Dawson for Her Majesty's approval.
I am, &c.
(Signed) JOHN BRAMSTON.
Inclosure 1 in No. 49.
lord Knutsford to Lord Stanley of Preston.
Jelegraphic.) Downing Street, June 16, 1891.
PLEASE inform me by telegraph as soon as you can of the name of Canadian
lipert to be associated with Sir George Baden-Powell. The names have to be
jibmitted to Her Majesty. It is proposed that Sir G. Baden-Powell should proceed
Ihortly to Ottawa to consult with your Government.
Inclosure 2 in No. 49.
Lord Stanley of Preston to Lord Knutsford.
llv Lord, Government House, Ottawa, June 17, 1991.
I HAD the honour ' o send to your Lordship to-day a telegraphic message in cypher,
1st which the following ) - the substance : —
With reference to your message of yesterday's date, Dawson, of the Geological
purvey of Canada, is recommended by the Dominion Government.
You could not, I think, have a better representative.
Baden-Powell's appointment is concurred in by the Canadian Government.
(Signed) ' STANLEY OF PRESTON.
•1
' V"
mm
mmm
WW
""mmimmamm
|IIPIJJ|J1U..IIJ|B
if
li
I
No. 60.
The Marquis of Salisbury to Sir R. Morier.
Sir, Foreign Office, June 18, 1891,
WITH reference to your despatch of the 10th instant, I transmit herewith,
for your Excellency's information, two copies of the text of an Agreement between this I
country and the United States which Sir J. Pauncefote lias been authorized to sign for |
a modun vivcndi in Behring's Sea until May 1892.
Sir J. Pauncefote has reported, by telegraph, that this Agreement was signed at|
Washington on the 15th instant.
As soon as the Agreement is received as signed, a copy will be forwarded to jou fori
communication to the Eussian Government.
I am, &c.
(Signed) SALISBURY.
No. ol.
The Marquis of Salisbury to Sir R. Morier.
Sir, Foreign Oj/ice, June 19, 1891.
I HAVE received your Excellency's despatch of the 10th instant, reporting I
a conversation with M. de Giers respecting the propcsal that Russia should join in the!
Agreement for a modus vivendi in Behring's Sea which was in negotiation, and has since |
been concluded between this country and the United States.
Your Excellency's proceedings with regard to this matter are approved by Her I
Majesty's Government.
I am, &c.
(Signed) SALISBURY.
No. 52.
Foreign Office to Colonial Ojjlce.
Sir, Foreign Office, June 19, 1891.
I AM directed by tl:u Marquis of Salisbury to acknowledge the receipt of yourl
letter of the 17th instant, inclosing a copy of a despatch from Lord Stanley of Preston,
with copies of telegrams from the Premier of British Columbia and the Britisiil
Columbian sealers protesting against the prohibition of scaling in Behring's Sea forj
this season.
T am to request that you will state to the Secretary of State for the Colonics that!
his Lordship concurs in the rejjly which it is proposed to return to the Governor-General's [
despatch.
I am, &c.
(Signed) T. H. SANDERSON.
No. 53.
Sir J, Pauncefote to the Marquis of Salisbury. — {Received June 20.)
(Telegraphic.)
Washington, June 20, 1891.
With reference to Behring's Sea negotiations, the return of the President to
Washington from the seaside is expected on Tuesday, the 23rd, and at the State Dcpart-I
ment I am assured that he will then proceed at once with the subjects that romain fori
negotiation. All preparations for this purpose have been made, and I pressed nrgciitljl
that during his absence negotiations might still go on ; but the President's assent cnu'
not be obtained.
'•fiX^*i*4'lHMtVr-<H *
SALISBURY.
m
No. 64.
The Marquis of Salisbury to Sir J. Pauncefote,
|Sir, Foreign Office, June 20, 1891.
I HAVE received your despatch of the 9th instant, inclosing copies of a note and
Jjlemorandiim addressed by you to the United States' Acting Secretary of State, on the
Iproposed modus vivendi in Behring's Sea.
' The terms of your communication are approved by Her Majesty's Government.
I am, &c.
(Signed) SALISBURY.
Ho. 65.
Sir J. Pauncefote to the Marquis of Salisbury, — {Received June 21.)
[(Telegraphic.) Washington, June 21, IBQl.
THE United States' Government have furnished me with a copy of the instructions
[issued to their cruizers, under the 3rd Article of the rtioduf vivendi.
I am sending a coj-.y of the note inclosing thera to your Lordship by next mail.
The following is a summary of them : —
The " Mohican," the •' Thetis," and the "Alert," and possibly oiher cruizers, will be
I employed in Behring's Sea.
The " Thetis " is to proceed immediately to Sand Point, the rendezvous of the
I Canadian sealers, before they enter Behring's Sea, and distribute copies of the President's
I Proclamation, giving noti;" to all scaling-vessels, and taking a list of all vessels warned.
I She will proceed to Ounalaska as soon as the Canadian catch has been transhipped at
I Sand Point, about July I.
The " Mohican " f.nd " Alert " will proceed at once to tho seal islands and cruize
jteo weeks in Behring's Sea, distributing the President's Proclamation, and warn all vessels
[found engaged in see.iing to leave the prohibited waters immediately, recording, by an
I entry in the vessel's log, that she has been warned. Both will then rendezvous with the
'•Thetis" at Ounalaska, whither all persons and vessels seized are to be sent. A
bartered steamer will be ready at this port with a marine guard to assist in handing
I over the persons and vessels seized to their respective authorities.
The United States' Government would be glad to have a copy of the instructions
Iwbich have been issued to Her Majesty's ships detailed for service in Behring's Sea.
No. BQ.
Sir J. Pauncvfnte to the Marquis of Salisbur
-{Received June 22.)
I My Lord, fV/mhi /ton, June 1 2, T891.
WrrH reference to my telegrams of the 9th, 10th, ami ilth June, I have the
I honour to inclose herewith copies of the correspondence referred to tlierein, relative to a
modus vivendi in Behring's Sea.
Si^NDERSON.
(Signed)
I have, &c.
' r :
■A
• V ■'
M
.... : -k
^ !-
.
■ 1
1 :-;1 i
■ ■'■ ! '
i 1
•'..■- \ .\ ,!l
If
JULIAN PAUNCEFOTE.
Inclosure I in No. 66.
Sir J. Pauncefote to Mr, Wharton.
I Sir, Washington, Juni' ^. ' H.
I HAVE the honour to acknowledge the receipt of , your note of the Gi.. instant,
I containing the terms of a proposed Agreement for a modus vivendi during the present
seal fishery season in Behring's Sea, which I communicated at once by telegraph
to the Marquis of Salisbury.
I have this day received a reply from his Lordship, in which he transmits a draft of
I the proposed Agreement, with certa'n modifications and additions.
I beg to inclose a copy of it, and to request that you will be good enough to submit
I it to your Governmeat for their consideration.
• I have, &c.
(Signed) JULIAN PAUNCEFOTE.
1
' r ^"'
i
■»■ ' ■•
1
1
'W"WSF*WI"",IW' W'
Inclosure 2 in So. SO.
Mr. Wharton to Sir J. Paunccfote.
Sif, Department of State, Washington, June 9, 1S!)1,
I AM directed by the President, in response to your note of the 8th June, delivered
this morninar, to say that he regrets that at the moment when the two Governments
seemed to have reached an agreement in this matter, which is one calling for *he utmost
])roniptness of action, new conditions should be suggested by Lord Salisbury. With the
acceptance of the proposition submitted in my last note relating to permission to British
agents to visit, the seal islands, an agreement had been reached upon all the conditions
that had been i)reviously discussed or suggested in this connection. The President does
not object to the modification of his proposal suggested in the first Article submitted by
you, for he assumes that the terms used, while not as strong perhaps as those suggested
by this Government, do fully commit the Government of Great Britain to prompt and
energetic measures in the repression c' the killing of seals by the subjects and vessels of
that nation.
The proposals submitted by you on the 3rd June contain this clause : —
" During the period above specified the United States' Government shall have the
right to kill 7,500 seals." Now his Lordship adds a most extraordinary and not
altogether clear condition (I quote) : " to be taken on the shores and islands as food
flkins, and not for tax or shipment."
This new condition is entirely inadmissible, and, in the opinion of the President,
inconsistent with the assent already yiven by Her Majesty's Government to the proposi-
tion of the United States in that behalf.
It had been particularly explained in the correspondence that the lessees of the
privilege of taking seals upon the islands assumed obligations to supply to the natives
the food and other things necessary for their subsistence and comfort, and that the
taking of the limited number of seals was not only to supply flesh to the natives, but, in
some part, to recompense the Company for furnishing other necesgsry articles of food,
clothing, and fuel. The President is surprised that it should now be suggested that
none of these skins should be removed from the islands, and he cannot understand how
British interests can be promoted by allowing t) m to go to waste.
The previous communications of Her Majesty's Government had, in the opinion of
President, concluded this matter.
As to the third clause of your proposition, I am directed to say that the contention
between the United States and Great Britain has relation solely to the respective rights
of the two Governments in the waters of Behring's Sea outside of the ordinary territorial
limits, and the stipulations for the co-operation of the two Governments during this
season have, of course, the same natural limitation.
This is recognized in Articles 1 and 2 of your proposal, for you will observe that the
obligation assumed by Her Majesty's Government is to prohibit seal-killing in a certain
part of Behring's Sea, whereas the obligation assumed in the second Article by the
Government of the United States is to prohibit seal-killing in the sauie part of Behring's
Sea, and the shores and islands thereof the property of the United States.
Tlie killing, therefore, of seals on the islands, or within the territorial waters of the
United States, falls only within the prohibition of this Government. His Lordship will
also see that it is altogether be Dnd the power of the President to stipulate that an
offence committed in the undispiiicd territory of the United States against its laws shall
be triable only in the Courts ot another nation. The extension of this clause to the
territory and territorial waters of the United States, therefore, involves an insuperable
legal difficulty on our part, and a concession which no independent Government could be
expected to make. The mutual police which is to be stipulated for could not in the
nature of things apply to the territorial waters within the undisputed and exclusive
jurisdiction of either.
To the fourth clause, which is in substance the same as the proposition irade by
this Government, no objection is interposed.
As to the fifth clause, I am directed to say that the President regards the proposi-
tion to appoint a Joint Commission to investign ' > and report as to what liegulations or
International Agreements are necessary to preserve the seal fisheries to be one of the
incidents of the Agreement for Arbitration, nnd to have no proper place here. This
distinction seems to have been recognized by his Lordship, and his proposal of such a
Commission was made part of the separate note discussing the terms of arbitration
presented by yoo on the 3rd June, and has never until now appeared in tbo corr«-
j^Mmmmmmmm^
Ml
June 9, 1S91.
I June, delivered
ito Governments
ig for the utmost
bury. With the
nission to British
II the conditions
le President does
iele submitted hy
those suggested
a to prompt and
cts and vessels of
jnt shall have the
irdinary and not
i islands as food
of the President,
it to tlie proposi-
the lessees of the
»ply to the natives
ort, and that the
he natives, but, in
jT articles of food,
)e suggested that
at understand how
, in the opinion of
hat the contention
respective rights
rdinary territorial
ents during this
11 observe that the
filing in a certain
id Article by the
part of Behring'a
les.
Irial waters of the
] His Lordship will
stipulate that an
linst its laws sliall
this clause to the
23 an insuperable
l^ernment could he
could not in the
ted and exclusive
[position made by
lards the proposi'
\z.t rtegulations or
I to be one of the
;)lace here. This
roposal of such a
18 of arbitration
red in the corre-
spondence relating to a moduf; vivendl. The President thinks the fourth clause, which
has been accepted, makes ample present provision, but will give a full consideration to
the buggestion of a Joint Commission in connection with the negotiation for arbitration.
To the sixth and last clause, the President directs me to say that so far as he is
aware no vessel bearing the Russian flag has at any time intruded into the waters
described in the proposed Agreement. He is entirely in sympathy with the expressed
desire of Lord Salis'n'ry f o secure such limitations as to the hunting of seals in the whole
of Behring's Sea as will preserve to mankind this valuable industry, but he does not
think that an agreement to unite in any joint note to Russia should be interposed here
and at this time. Moreover, Lord Salisbury will perceive that, in the present state of the
American laiv, if Russia should as-k for reciprocal action by this Government west of the
Treaty line, the President would be confronted with the same difficulty that prevented
him from extending the Agreement with Her Majesty's Government to the whole of
Behring's 5*ca.
As the President understands, the adhesion of the two Governments has been given
in this correspondence to the following propositions : —
" For the purpose of avoiding irritating differences, and with a view to promote
friendly settlement of the questions pending between the two Governments touching
their respective rights in Behring's Sea, and for the preservation of the seal species, the
following Agreement is made without prejudice to the rights or claims of either party:
" Article 1. Her Majesty's Government will prohibit until May next seal-killing in
that part of Behring's Sea lying eastward of the line of demarcation described in
Article I of the Treaty of 1867 between the United States and Russia, and will promptly
use its best efforts to insure the observance of this prohibition by British subjects and
vessels.
" Art. 2. The United States' Government will prohibit seal-killing for the same period
in the .same part of Behring's Sea, and on the shores and islands thereof the property
of the United States (in excess of 7,500 to be taken on the islands for the subsistence
and care of the natives), and will promptly use its best efforts to insure the observation
of this prohibition by United States' citizens and vessels.
" Art. d. Every vessel or person offending against this prohibition in the said wateri
of Behring's Sea, outside of the ordinary territorial limits of the United States, may be
seized and detained by the naval or other duly commissioned officers of either of the
High Contracting Parties ; but they shall be handed over as soon as practicable to the
authorities of the nation to which they respectively belong, who shall alone have
jurisdiction to try the offence and impose the penalties for the same. The witnesses and
proofs necessary to establish the offence shall also be sent with them.
"Art. 4. In order to facilitate such proper inquiries as Her Majesty's Government
may desire to make with a view to the presentation of the Case of that Government
before Arbitrators, and in expectation that an agreement for arbitration may be arrived
at, it is agreed that suitable persons designated by Great Britain will be permitted at
any time, upon application, to visit or to remain upon the seal islands during the present
scaling season for that purpose."
The President directs me to inform you that the Government of the United States
is ready to conclude this Agreement if it can be put into force immediately. The value
of such an Agreement to the United States is daily lessening, and the President
therefore feels that he must ask that the negotiations be brought to a speedy determi-
nation.
I have, &c.
(Signed) W. V. WHARTOiN.
Inclo&aC 3 in No. 56.
Sir J. Pauncefote to Mr. Wharton,
Sir, Washington, June 10, 1891.
I HAVE the honour to acknowledge the receipt of your note of the 'Jth June,
delivered this day, in reply to my note of the 8th, in which I transmitted, for the
consideration of your Government, the draft of the proposed Agreement for a modus
limidi during the present fur-seal fishery season in Behring's Sea, with certain modifica-
tions and additions suggested therein by the Marquis of Salisbury.
I have telegraphed the substance of your note under reply to his Lordship, and I
hope to be able to communicate to you his observations thereon in the course of
[5721 S
ll\' 'A
Tl
1. 1 1
i;
I
1
. i
\ '■' '
f
i
i
liii
P
,1
K- 'A-
\
\
1
iJii
1
L.
■}•■ 1
■19
[34
to-morrow or the following day. In the meanwhile, with reference to the complaint that
1.1 1
jo-r
now conditions should have been sus^gested at this stage l>y Lord Salisbury, J wo-j
leave to point out that all his Lordship's suggestions are obviously dictated by a desire
to render the modus vivendi more effective, and to do all that is possildc in tiio coninion
interest for the protection and preservation of the seal species during the pre-icnt season.
In my humble opinion, therefore, it is to be regretted that those suggestions should not
have commended themselves to the favourable consider.ition of the President. Tims,
the object of the proposed insertion in Article 2 of the words, " food skins, and not t'or
tax and shipment," which you qualify as extraordinary, was not to prevent the export
and sale of the 7,500 food skins, of which the proceeds were intended to cover the cost
of food, clothing, fuel, and other necessaries for the natives. Its sole object was to stop
the injurious practice of driving and redriving the herds to the killing grounds (or
selection, which is resorted to in the case of seals killed for " tax and shipment," and is
stated by experts to be the main cause of the depletion of male seal life on the islaiuls.
I would refer you on this point to the Report of Special Treasury Agent Ch. .J.
GrofT, laid 'i f^rc Congress (Ex. Doc. 49), pp. 2 and 29. Also to the Report of Assistant
Treasury A^:i:i " Joseph Murray, at p. 8, and that of Assistant 'JVeasury Agent A. W.
Lavender, at ]>. 9 of the same Congressional Paper.
As regards Lord Salisbury's proposal of the Joint Commission, it is by no means a
new one. It has long been called for by public opinion in both countries. It was
inserted among Lord Salisbury's last proposals for the Arbitration Agreement, in the
expectation that the latter document would be signed contemporaneously witli the
Agreement for a modus vivendi ; but, as your Government is not prepared to bring the
arbitration negotiation to a conclusion without further consideration, and as it is ot
the highest importance that the Joint Commission sliould be appointed at once, in order
to enter upon its functions during the present fishery season. Lord Salisbury has had no
alternative but to urge the insertion of the Article providing for a Joint Commission in
the Agreement for the modus vivendi, of which it should, in the opinion of Her Majesty's
Govennnent, be a component part. The objection of the President to that Article in
the modus vivendi apjjcars to me to create the greatest difficulty which has yet presented
itself in the course of this negotiation, and I earnestly hope that if Lord Salisbury should
be disposed to waive tlie other conditions to which exception is taken in your note, the
President will on his part accede to his Loi-dship's wishes in respect of the Joint
Commission.
(Signed) ' JULIAN PAUNCEFOTE.
Inclosure i in No. 56.
Sir J. Pauncefote to Mr. Wharton.
Sir, Washington, June 11, 1891.
WITH reference to my note of yesterday, and especially to the concluding
part of it, I have the honour to inform you that I have this day received by tolograpli
froni the .Marejuis of Salisbury a reply to the proposal for a modus vivendi during
the present fur-seal fishery season in Behring's Sea contained in your note of the
yth June.
His Lordship states that the President's refusal to adopt his suggestion with respect
to Russia renders the proposed modus vivendi much less valuable, and that he is reluctant
to abiinuon the words which he had proposed for insertion in Article 2 in relation to tliu
reservation of the 7,500 seals to be killed on the islands.
Nevertheless, in view of the urgency of the case, his Lordship is disposed to
authorize me to sign the Agreement in the precise terms formulated in your note of the
9th June, provided the question of a Joint Commission be not left in doubt, and that your
Government will give an assurance in some form that they will concur in a reference to
a Joint Commission to ascertain what permanent measures arc necessary for ibo
preservation of the fur-seal species in the JJ orthcrn Pacific Ocean.
I have the honour, therefore, to inquire whether the President is prepared to
give that assurance, and, if so, I shall, on receipt of it, lose no time in communicating; it
by telegraph to Lord Salisbury, and in applying to his Lordship for authority to sign the
proposed Agreement.
I have, &c.
^Signed) JULIAN PAUNCEFOTE.
!r
35
Inclosure 5 in No. 56.
Mr. Wharton to Sir J. Pauncefote.
Sir, Department of State, Washington, June 11 , 1891.
I HAVE the honour to .ncknowlcdge the receipt of your note of to-day's date, and,
in reply. I am directed by the President to say that the Government of tlie Uniteu States,
rocogni ;inj? the fact that full and adequate measures for the protection of seal 'ifc should
oinbrai'e the whole of Behring'a Sea and portions of the North Pacific Occar , will have
no hesitancy in a<i;reoin,if, in connection with Her Majesty's Government, to tie appoint-
nicnt of a Joint Commission to ascertain what permanent measures are necessa.-y for the
preservation of tiie seal species in the waters referred to; such an Agreement to
be signed simultaneously with the Convention for arbitration, and to be without prejudice
to the questions to be submitted to the Arbitrators.
A full reply to your note of the ard June, relating to the terms of arbitration, will
not be long delayed.
(Signed) ' WILLIAM F. WHARTON.
No. 67.
Sir E. Malet to the Marquis of Salisbury, — (Received June 22.)
My Lord, Berlin, June 18, 1891.
WITH reference to your Lordship's des itth of the 3rd instant, and to mine
of the 12th instant, I have the honour to . ifonr. ycv Lordship that Baron von
Marschall told me to-day that he intends to publish in tlie official Gazette a translation
of the Agreement between England and the United States in regard to the Behring's
Sea seal fishery, and to accompany it witli an injunction to German subjects to observe
its regulations,
I have, &c.
(Signed) E. B. MALET.
ii
1 . I |;/j|
; :|
I :■
' i ,
• f • I
iir
; I
; ?| f
i -(I
fl
jNCEFOTE.
UNOEFOTB.
No. 58.
The Marquis of Salisbury to Sir J, Pauncefote.
(Telegraphic.) Foreign Office, June 22, 1891.
I HAVE received your telegram of yesterday, containing a summary of the
instructions issued by the United States' Government to their cruizcrs for carrying into
effect the modus vivendi Agreement in Behring's Sea.
The following arc the instructions issued .' the Senior Naval OHicer of Her
Majesty's ships at Esquimalt : —
He is to proceed with Her Majesty's ship "Nymphe" and Her ISlajesty's
ship " Pheasant " to Behring's Sea, to cruize to the eastward of the line of demaniation
as he may find necessary, and to warn all British ships which he may find acting contrary
to the Agreement between the two Governments, and in ignoi e of its provisions.
Should he find a ship deliberately offending, her sealing equipment is to be confiscated,
and the names of the sliip and master are to be recorded for the purpose of prosecution
subsequently. Should he find an American ship deliberately oH'ending, he is to arrest
her, the names of the captain .and vessel and proof of offence are to be recorded,
and the American authorities are to be informed.
He has orders to co-operate with the American cruizers.
Her Majesty's ship "Porpoise" will be also under his command, and has for
that purpose been ordered to join him from the China Station.
[67S]
F 2
.1 ' : ' ■
-I
>''ti
1 4\
t ■ II
«HMi
^BKimmm.
86
No. 50.
Admiralty to Foreign Office. — (Received June 23.)
Sir, A dmirnlty, June 22, \9Ql.
MY Lords Commissioners of the Admiralty having received a copy of Sir J. Paunce-
fote's telegraphic despatch of the 21st June, 1891, giving the substance of the
instructions issued by the Government of the United States to cruizers about to proceed
to Behring's Sea, and requesting tliat a copy of the British instructions may be sent, I am
commanded by their Lordships to transmit herewith a copy of the telegraphic instructions
sent to the Senior Naval Officer at Esquinialt on the IGth June.*
From this it will be seen that the five clauses of Article 1 and four clauses of
Article 3 of " The Seal Fishery (Behring's Sea) Act, 18J)1," have been telegraphed in
full, together with the definition of the Russian-American line of demarcation, with
additional instructions, as marked in red ink, in the margin of the inclosure to this
letter.
Her Majesty's ships " Nymphe " and " Pheasant " will, under these orders, leave
Esquimau on or about the 26th instant, and will be joined by Her Majesty's ship
" Porpoise," from China, about the 21st July.
I am, &c.
(Signed) EVAN MACGREGOR.
No. 60.
Council Office to Foreign Office. — (Received June 24.)
»ir, Council Office, Whitehall, June 24, 1891.
I AM directed by the Lord President of the Council to transmit to you the
accompanying Order of Her Majesty in Council of the 2.3rd instant, entitled, " The Seal
Fishery (Behring's Sea) Order in Council, 1891."
Directions have been given for the publication of this Order to-day in a Supplement
to yesterday's " London Gazette," and I am to request that you will lay the same before
the Secretary of State for Foreign Affairs.
I am, &c.
(Signed) C. L. PEEL.
Inclosure in No. 60.
At the Court at Windsor, the 23rd day of June, 1891
Present :
The Queen's Most Excellent Majesty.
Lord President.
Marquis of Salisbury.
Earl of Limerick.
Lord Arthur Hill.
WHEREAS by « The Seal Fishery (Behring's Sea) Act, 1891 ," it is enacted that Her
Majesty the Queen may by Order in Council prohibit the catching of seals by British
ships in Behring's Sea, or such part thereof as is defined by the said Order, during the
period limited by the Order :
And whereas the expression "Behring's Sea" in the said Act mean* the seas
known as Behring's Sea within the limits described in an Order under the said Act :
Now, therefore, Her Majesty, in virtue of the powers vested in her by tlie said
recited Act, by and with tlie advice of her Privy Council, is hereby pleased to order, and
it is hereby ordered, as follows : —
1. This Order may be cited as the Seal Fishery (Behring's Sea) Order in Council,
1891.
2. From and after the 24th day of June, 1891, until the 1st day of May, 1892, the
catching of seals by British ships in Behring's Sea as hereinafter defined is hereby
prohibited.
* Sea Incloture in No. 44.
37
9. For the purposes of the uaid recited Act and of this Order the expression
" Behring's Sea " means so much of that part of the Pacific Ocean known as Behring'a
Sea as lies between the parallel of 05° 30' north latitude and the chain of the Aleutian
Islands, and eastward of the following line of demarcation, that is to say, a line com-
ncneing at a point in BehringH Straits on the said parallel of 65° 30' north latitude, at
its intersection by the meridian which pusses midway between the Islands of Krusenstern
or Innalook and the Island of Ratmauoff or Noonarbook ; and proceeding thence in a
course nearly south-west tlirough Beliring's Straits and the seas known as Behring's
Sea, so as to pass midway bL'tween the nortli-west point of the Island of St. Lawrence
and the south-east point of Cape Choukotski to the meridian of 172° west longitude ;
thence from the intersection cf that meridian in a south-westerly direction, so as to pass
midway between the Island of Attou and the Copper Island of the Kormandorski couplet
or group in the North Pacific Ocean, to the meridian of 193° west longitude.
(Signed) 0. L. PEEL.
No. 61.
Sir R. Morier to the Marquis of Salisbury. — {Received June 24.)
(Telegraphic.) St. Petersburgh, June 24, 1891.
I HAVE the honour to inquire of your Lordship whether, by the 3rd section of
the Agreement to prohibit the killing of seals in certain parts of the Behring's Sea, the
two Contracting Parties arc empowered to seize and detain vessels other than British or
American, as also persons other than American citizens or British subjects.
' (I
:. L. PEEL.
der in Council,
No. 62.
The Marquis of Salisbury to Sir G. Baden-Powell and Dr. Dawson.
Gentlemen, Foreign Office, June 24, 1891.
THE Queen having been graciously pleased to appoint you to be her Commissioners
for the purpose of inquiring into the conditions of seal life in Behring's Sea and other
parts of the North Pacific Ocean, I transmit to you herewith Her Majesty's Commission
under the Sign Manual to that effect.
The main object of your inquiry will be to ascertain, "What international arrange-
ments, if any, are necessary between Great Britain and the United States, and Eussia
or any other Power, for the purpose of preserving the fur-seal race in Behring's Sea
from extermination ?"
Her Majesty's Government have proposed to the United States that the investigation
should be conducted by a Commission to consist of four experts, of ^vhom two shall
be nominated by each Government, and a Chairman, who shall be nominated by
1 Arbitrators.
If the Government of the United States agree to this proposal, you will be the
Delegates who will represent Great Britain in the Commission.
But in the meanwhile it is desirable that you should at once commence your
examination of the question, and that for that purpose you should proceed as soon as
you conveniently can to Vancouver, from whence the Lords Commissioners of the
Admiralty have been requested to provide for your conveyance to the various sealing
grounds and other places whicli it may be expedient for you to visit.
Application has been nyide to the United States' Government for permission for you
I to visit the seal islands under their jurisdiction, and a similar renuest will be addressed
to the Russian Government in tlie event of your finding it necessary to visit the
Commander Islands and other Russian sealing grounds.
Your attention shoidd be particularly devoted to ascertaining —
1. The actual facts as regards the alleged serious diminution of seal life on the
I PribylofiF Islands, the date at which such diminution began, the rate of its progress, r.nd
I any previous instance of a similar occurrence.
2. The causes of such diminution ; whether, and to what extent, it is attributable —
(fl.) To a migration of the seals to other rookeries.
(6.) To the method of killing pursued on the islands themselves,
(c.) To the increase of sealing upon the high seas, and the manner in which it is
I pursued.
I
I need scarcely remind you that your invostij^aiion should be carried] on witli strict
impartiality, that you nhould ncgii'ct no sources of information whicli may Ijo likely to
iissist you in arriving at a sound conclusion, and that great care siiould be talteii In silt
tlie evidence that is brought before you.
i-" : It is equally to the interest of all the Governments concirned in the sealing indi^lry
that it should be protected from all serious risk of extinction in consequence of the use
of wasteful and injudicious nielhods.
f*''::' You will be provided with uli the documentary evidence in the possession of llii^
Dcpnrtuient which is likely to be of assistance to you in the prosecution of your iuciuiiy,
Mr. A. Froude has been appointed to be your Secretary, and will accompany you on
your tour.
Separate despatches will be addressed to you witli regard to the expenses ol' your
mission, and the form iu which your correspondence with this OHice should be conducted.
I am, &c.
(Signed) SALISBURY.
No. 03.
[Sir J. Pauncefote to the Marquis of Salisbury. — (Received June 25.)
My Lord, Washington, June 10, 1891.
WITH reference' to your Lordship's telegram of the 13th instant, authorizing
me to sign the Agreement for a modus rlvendi in Behring's Sea, and instructing ine at
the same time to reconl that I signed it on the clear understanding that the Commission
of Experts would he appointed without delay to visit the seal islands, I have now the
honour to transmit to your Lordship a copy of a note which I addressed to the
Honourable William Wharton, Acting Secretary of State, in the above sense, as well as
a copy of his reply thereto.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 1 in No. GS.
Sir J. Pauncefote to Mr. Wharton.
Sir, Washington, June 13, 1891.
I LOST no time in telegraphing to the Marquis of Salisbury the contents of your
note of the 11th June, conveying the assent of your Government to the appointment, in
connection with Her Majesty's Government, of a Joint Commission for the purposes
mentioned in my note to you of the same date, such / grcemcnt to be signed sinml-
taneoualy with the Convention for Arbitration, and to be without prejudice to the
questions to be sid)niittod to the Arbitrators. 1 informed his Lordship, at the same
time, that in handing me the note under reply you had assured me that the President
was anxious that the Commission should be appointed in time to commence its work this
season, and that your Government would, on that account, nso their utmost efforts to
expedite the signature of the Arbitration Convention.
I now have the honour to inform you that I have this day received a telegraphic
reply from his Lordship, in which, while conveying to me authority to sign the proposed
Agreement for a modus vivendi contained in your note of the 9th June, Lord Salisbury
desires me to place on record that it is signed by me on the clear understanding that the
Joint Commission will be appointed without delay.
On that understanding, therefore. I shall be prepared to attend at the State
Department, for the purpose of signing the Agreement, at such time as you may be good
enough to appoint.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
39
d| on witli strict
nay bo likily to
be taken to Kit't
Keiiling' industry
lence ol' tla- use
IHHCHHion of tills
i)f your iii(|iiiry,
company you on
jxpcnscH of your
Id be conducted,
lALISBUUi.
e 25.)
June 10, 1891.
tant, autliorizinc;
instructing mo at
t the Commission
I, I have now tlic
addressed to the
; sense, as well aa
A.UNCEFOTE.
June 13, 1891.
contents of your
le appointment, in
lor the purposes
je signed siniul-
)rcjudico to the
lip, at the same
that the President
lencc its work this
utmost efforts to
ived a telegraphic
sign the proposed
e, Lord Salishury
rstanding that the
le
;end at the State
. you may be good
AIJNCBFOTE.
IncloHuro 2 in No. 63.
Mr. IVharlon to Sir J. Pauncefote.
Sir, Department of Slate, IVashtngton, June 13, 1R91. _
TITE President directs me to say, in res|)onse to your iioto of tliis date, tliat liis
assent to the ])roposition for a Joint Coniniission, ns expressed in my note of tlic
9tli .June, was given in tlic expectation that both (iovcrnmeiits would use every proper
etfort to adjust the remaining points of ditl'erenco in the general correspondence relating
to arbitration, and to agree upon the definite terms of a submission, and of the appointment
of a .Joint Ccmimission, without unnecessary delay.
Ho is glad that an agreenioiit has finally been reached for the pending season, and
I Iieg to say that, if you will call at the Department at 10 o'clock on Monday next, 1
will be glad to i>ut into writing and give formal attestation to the modus vivvndi which
has been agreed upon.
I have, &c.
(Signed) \V. F. WHARTON.
No. U4.
Sir J. Paimcefolc to the Marquis of Salisbury. — {Received June 25.)
My fiOrd, Wash imj ton, June 10, 1891.
I HAVE the honour to transmit hcrcnitli copy of the Agreement for the modus
nvrndi in Rcliring's Sea, which 1 signed yesterday in accordance witli the instructions
contained in your liordshi])'s telegram of the I'ltli instant.
I will forward the original Agreement by next mail.
I have, &c.
(Signed) JULIAN PAUNOBFOTE.
Inclosure in No. Ol.
Agreement between the Government of Her Britannic Majesty and the Government of the
United States for a Modus Vivendi in relation to the Fur-seal Fisheries in Behring's
Sea.
FOR the purpose of avoiding irritating differences, and with a view to promote the
friendly settlement of the questions pending between the two Governments touching
their respective rights in Behring's Sea, and for the preservation of the seal species, the
following Agreement is made without ))rejudice to the rights or claims of either p^trty : —
1. Her Majesty's Government will ])rohibit, until May next, seal-killing in that part
of Hehring's Sea lying eastward of the line of demarcation described in Article I ol the
Treaty of 18ij7 between the United States and Russia, and will promptly use its best
efforts to insure the observance of this prohibition by liritish subjects and vessels.
2. The United States' Government will prohibit seal-killing for the same period in
the same part of Behring's Sea, and on the shores and islands thereof the property of
the United States (in excess of 7,500 to l)e taken on the islands for the subsistence and
care of tlic mitives), and will promptly use its host efforts to insure the observance of this
prohibition by United States' citizens and vessels.
3. Every vessel or person offending against this prohibition in the said waters of
Beliring's Sea outside of tli'o ordinary territorial limits of the United States may be
seized and detained by the naval ^.c other duly commissioned officers of cither of the
High Contracting Parties, but tliey shall be handed over as soon as practicable to the
authorities of the nation to which they respectively belong, who shall alone have jurisdic-
tion to try the offence and impose the penalties for the same. The witnesses and proofs
necessary to establish the offence shall also be sent with them.
4. In order to facilitate such proper inquiries as Her Majesty's Government may
[ desire to make, with a view to the j)rcscntation of the Case of that Government before
Arbitrators, and in expectation that an Agreement for arbitration may be arrived at, it is
agreed that suitable persons designated by Great Britain will be permitted at any time,
upon application, to visit or to remain upon the seal islands during the present sealing
season for that purpose.
I
40
Signed and Bcalcd in duplicate at Wasliinpton, tliiH IBth day of June, IRlH.nn
bchnlt' of their re»peetivo Oovernmonts, by Sir .liilian I'nuncet'ote, (J.CM.CJ., K.C.Il.,
Her Britannic Majesty's Knvoy Kxtraordinnry and Mininter Plenipotentiary, and William
F. Wharton, Acting Secretary of State of tlu> llnilcd StntoH.
(Signed) .MIIilAiV PAUNCKFOTK.
WIIJJAM F. WHAUTON.
No. or».
Sir J. Pauncefote to the Mnniuis of Salisbunj. — {lircdiril June 25.)
My Lord, Washimjlon, June 1(5, 1S!)1.
WriH reference to my telogrnni of yesterday's date. 1 hiivo the honour (o
transmit herewith to your Lordship copy of the I'roelaniation which lias been issued hy
the President giving effect to the Agreement for a inixlus viveiuli in Ikliring's Sea for tin;
present season.
I have, kc,
(Signed) .lULIAN PAUNCEFOTE.
Inclosure in No. Go.
Modus Vivendi respecting the Fur-seal Fisheries in Hchring's Sea.
By the President of the United States or Ameiiica.
A Proclamation.
WHEREAS an Agreement for a modus vivrndi between the Government of the
United States and the Government of Her Ihitannic Majesty, in relation to the fur-seal
fisheries in Bchring's Sea, was concluded on the 16th day of Juno, in the year of our
Lord 1891, word for word as follows : —
"Agreement between the Government of the United States and the Government of /' •
Britannic Majesty for a Modus Vivendi j» relation to the Fur-seal Fishcics m
Behring's Sea.
" For the purpose of avoiding irritating difTorcnccs, and with a view to promote (he
friendly settlement of the (picstions pending between the (wo Governments tom'liing
their respective rights in Behring's Sea, and for tiic preservation of the seal species, tlio
following Agreement is made without prejudice to the rigiits or claims of either piiily.
" 1. Her Majesty's Government will prohiI)it, until May next, seal-killing in tlint
part of Behring's Sea lying eastward of the line of demarcation described in Article 1 of |
the Treaty of 18G7 between the United States and Kussia, and will promptly use its best |
efforts to insure the observance of this prohibition by British subjects and vessels.
" 2. The United States' Government will prohibit seal-killing for the same period in I
the same part of Behring's Sea, and on the shores and islands thereof the property of
the United States (in excess of 7,600 to be taken on the islands for the subsistence and
care of the natives), and will promptly use its best etforts to insure the observance of this |
prohibition by United States' citizens and vessels.
" 3. Every vessel or person offending against this prohibition in the said waters of I
Bchring's Sea outside of the ordinary territorial limits of the United States may be
seized Mid detained by the naval or other duly commissioned oflicers of either of the
High Contracting Parties, but they shall be handed over as soon as practicable to the |
authorities of the nation to which they respectively belong, who shall alone have jurisdic-
tion to try the offence and impose the penalties for the same. The witnesses and proofs]
necessary to establish the offence shall also he sent with them.
"4. In order to facilitate such proper inquiries as Her Majesty's Government maTJ
desire to make, with a view to the presentation of the Case of that Government before I
Arbitrators, and in expectation that an Agreement for arbitration may be arrived at, it is I
agreed that suitable persons designated by Great Britain will Le permitted at any time,l
upon application, to visit or to remain upon the seal islands during the present scaling]
season for that purpose.
UNCEKOTl-:.
"Rificntnl ami hcaIciI in (luplicntu ut VVaflliin^rton, iliiH Ifith day of June, 1801, on
Iielmlf of their rcspcctivo (joviM-ninciitH. I»v Williftin F. Wharton, Acting Secretary of
State of tlio Unitod Htatoa, and Sir .fulion I'aunccfoto, O.C.M.G., K.O.U., Ilor Drltannic
MajcHty'H Knvoy Extraordinary and MiniHter Plenipotentiary.
fSeah "William P. Wharton.
(Seal) "Julian Paunoefotb."
Now, tliprcforp, he it known that I, Hcnjamin Harrison, President of the United
StntoH of Ainoricn, liavo caiiHod the said Agreement to he made pnhlic, to the end that
tiie same and every part (hereof nuiy ho ohserved and fultilled with good faith hy tho
I lulled Hiates of America and tiie citizens thereof.
In witness whereof I have hcr^uj to set my iiand and caused tlio 8cal of tlio United
States to ho aflixed.
Done at tiie city of Washington, this lotli day of tfune, in tlic year of our Lord
1801, and of tlic Indopcndunce of the United States tho 115th.
(Seal) (Signed) BENJ. HARRISON.
Hy the President:
(Signed) William F. Wiiauton,
Acting Secretary of Stale.
■ — ■--
No. GG.
Sir ./. Paunce/ole to the Afarquis of Salishury. — (Received June 25.)
(Telegraphic.) Washington, June 25, 1891.
YOIIR Lordsliip's telegram of the 2nd instant: Bchring's Sea arhitration.
1 have tliis evening received the following note from tho Acting Secretary of Stale : —
[Scj Inclosurc in Sir J. Pauncefote's despatch of the 20th Juno : Inclosurc in
;No. 82, infra.']
No. G7.
The Marquis of Salisbury to Sir R. Morier.
(Telegraphic.) Foreign Office, .Tune 25, 18i)l.
IN reply to your telegram of yesterday, I haye to inform you that the Agree-
ment for modus vivcndi in Jlehring's Sea is only applicahle to the suhjects or citizcn.s
of the two Contracting Powers.
General jurisdiction over the whole region specified in the Agreement has been
claimed hy the United States, hut this claim has been disputed by Her Majesty's
(xovcrnmcnt.
No. 68.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, June 2G, 1891.
SIR GEORGE BADEN-POWELL is waiting to start on his mission to inquire
into the conditions of sea! life in Bchring's Sea, and the season is running out.
You should urge the' United States' Government to give the necessary permi-ssion
to the British Commissioners to visit the Pribyloff Islands without delay.
No. 69.
Sir J. Pauncefote to the Marquis of Salisbury.— -{Received June 20.)
(Telegraphic.) Washington, June 26, 1891.
THE State Department have informed me, in reply to the inquiry which I have
made, in conformity with the instructions contained in your Lordahip's telegram of
[672] G
r •
; I
I f ! ,1)
■ *
!
■ 1
! 1
, !
ii
H{
M;
ffi^VlH
1
^mK'
• ffli
1
1
i
42
to-day's date, that the formal ijormission to Her Majesty's Commissioners to land on
the Pribyloff Islands will Ijc sent 'i mc to-day.
I propose to send this permi jsion to Consul-Gcnerai "coker, and to instruct him to
deliver it to Sir George Baden-Vowell immediately on the arrival of the latter in New
York.
No. 70.
Sir J. Pauncefote to the Marquis of Salisbury. — (Received June 2G.)
(Telegraphic.) Washington, June 26, 189.1.
WITH reference to my telegram of to-day, I have just received the formal
permission for the Commissioners to visit the seal islands. It consists of a letter from
the Acting Secretary of tlit; Treasury to Mr. Williams, the Special Agent in charge of
the seal fisheries, instructing him to afford Sir G. Po'-cll and Professor Dawson the
facilities desired to enable them to accomplish the object of their mission as defined in
Article 4 of the modus vivendi of the 15th instant.
w
No. 71.
The Marquis oj Salisbury to Sir J. Pauncefote.
Sir, Foreign Offid, June 26, 1891.
1 HAVE received your despatch of the 12th instant, inclosing copies of corre-
spondence with the State Department relative to the Agreement for a modus vivendi in
X>vUiiAl^ .*> .--..
Tour notes to the Acting Secretary of State on this subject are approved by Her
Majesty's Government.
I am, &c.
(Signed) SALISBURY.
No. 72.
The Marquis of Salisbury to Sir J. Pauncefote.
Sir,
Foreign Office, Jane 26, 1891.
WITH reference to your telegram of the 21st instant, and to my reply of the
22nd instant, I trsiusmit herewith, for your information, and for conununication to the
Government of the United States, a copy of the telegraphic instructions sent to the Senior
British Naval Officer on the North Paciiie Station with regard to the steps to be taken
to prohibit the killing of seals in certain specified portions of Behring's Sea,*
I am, &c.
(Signed) SALISBURY.
No. 73.
Sir J. Pauncefote to the Marquis of Salisbury. — (Received Jvne 27.)
(Telegraphic.) Washhigion, June 27, 1891.
WITH reference to my telegram of the 25c)i instant, relatuc to the Belninj^'s Sea
arbitration, I venture to .iubmit, for your Lordship's consideration, tlic folhnving clause
dealing witli the question of con nsation, instead of that proposed by the Acting
Secretary of State in his note of the I'.lth : —
"Article 7. Either Gu.i'mment may submit to the Arbitiators any claim lor
compensation which it nuiy desire to prefer against the otlicr Government, in respect ot
any losses or injuries, in relation to the fur-seal fishery in Behring's Sea, for which such
other (jlovemment may be legally liable.
"Tlie Arbitrators sliall decide on the legality ot every such claim, and if it shall 1k'
established, lliey may award such compensation as in thci'' judgment shall seem
equitable."
If the above meets with your jLordship's approval, may I sound the United States
Government as to whether they are prepared to accept it ':
* lDcli>iiure in Ho, 44.
odus vivendi in
.proved by Her
u- United Stiitos
4»
No. 74.
The Marquis of Salisbury to Sir G. BadewPowell and Dr, Dawson.
•Tentlcmen, Foreign Office, June 27, 1891.
I HAVE to inform yon that a te'ograin has been received this morning from Her
Jfajesty's Minister at Wasliington stating that he has received the formal permission of
the Government of the United States fur your visiting the seal islands in Bchring's Sea,
under Article 4 of the modus vivendi Agreement signed at Washington on tho
15th instant.
It consists of a letter to the Government Agent in charge of the islands, directing
him to alford you every facility in tho accomplishment of your mission.
Sir Julian Pauncefote proposes to forward this letter to the care of Her Majesty's
Consul-Gem ;ral at New York, for delivery to the British Commissioner, who is expected
to arrive there per steam-ship " Ktruria " about the 4ith July.
I am, &c.
(Signed) SALISBURY.
No. 75.
Sir R. Morier to the Marquis of Salisbury. — (Received June 29.)
My Lord, St. Peter sburgh, June 19, 1891,
M. DE GIER8 having, when I was at liis country place Sunday week, promised to
let me have a.' answer on the subject of the Behring's Sea seal fisheries in the course
of last week, and Saturday having come without my receiving a reply, I wrote au urgent
letter to his Excellency Saturday night, reminding him of his promise.
On Monday I learnt liis Excellency was coming up to town, and on Wednesday I
cilled at the Foreign Office to inquive whether any decision had been come to, I
pointed out to his Excellency that your Tjordship's last proposal comnumicated to him in
my note of the 29th May (lOih June) seemed to me to have much sim])lified matters,
and that I regretted that there seemed so little prospect of a decision being come to by
the Impel ial Government. His Excellency said that he regretted more than he could say
that he had not as yet succeedf>d in obtaining an answer fron. the Minister of Domains ;
he liad in a large measure conic up from Finland to see what could h?. done by personal
discussion with M. Ostrovsls-y and the Representative of the Ministry of Marine — tliat
Department having starte:! ditliculties as to the ships that would be required to enforce
the arrangement, and he had arranged a meeting for this purpose that evening.
I did not see M. de Giers prior to his return to Finland, but M. Shishkine, whom I
saw to-day, told me that the question had been referred to a Committee, consisting of
himself as Representative of tlie Ministry for Foreign Affairs^ M, WyshniakoflP, the
Under-Secretary of the Ministry of Domains, as the Representative of that Department,
and Admiral Titacheft' as tlie Representative of the Ministry of Marine.
He promised to let nie know as soon as the result was^ come to, but as yet 1 have
heard nothing from him. He was himself, no less than M. de Giers, most strongly in
tlivour of Russia's joining in the proposed action not only for the sake of a year's close
season, but because, if the Russian Government did not join with us and herself enforce
a close season, the seahng boats driven out from the waters to the east of tho line of
1S(»7 would all swarm westwards and m.-ikc war on Russian seals. The present difficulty
seemed to be that the Ministry of Marine refused to provide the coals necessary for the
ravril operations ; light cruizers would not suffice ; one large man-of-war at least would be
required to accompimy the cruizers, and act as a central point from which to direct the
operations of the latter, but this would require her to be continuously under steam for
several months, and this was an expense which at present they were not prepared to
meet, but he had every hope that the matter would nevertheless bo settled in a satis-
factory manner.
I have, &c.
(Signed) R. B. D. MORIER.
P.S. June 24. — I have not yet heard from M. Shishkine, and having called
at the Ministry to-day, which is the ordinary day of reception, I did not find his
Excellency in.
R. B. D. M.
•n
^
IF
1
)
*
h
!'
1
i
'■ i
1! ■ !
■ . ; i
\ •■ ,ir ''(
!l!iF!i;Ti
.«
I I, :
i
[572J
o a
fi
No. 70.
Sir J, Pauncefote to the Marquis of Salisbury,* — (Received July 2.)
My Lord, Washington, June 21, m^\.
WITH reference to my telegram of this day's d.atc, givinj? a summary of the
instructions issued by the United States' Navy Department in pursuance of iho
Agreement between Her Majosty'„s Government and the ITnited States* Govornmcnt for
a modus vivcvdi in Behring's Sea, I have now the honour to transmit to your Lordship a
copy of tho note which I received from the Acting Secretary of State, communicating'
the above-mentioned instructions,
I have, &c.
(Signed) JULIAN PAUNCEFO i'E.
Inclosurc 1 in No. 76.
Mr. Wharton to Sir J. Pauncefote.
Sir,
Department of Stale, Washington, June 20, 1891.
I HAVE the honour to transmit to you herewith copies of the instructions that li.ivc
been issued by the Secretary of the Navy in pursuance of the Proclamation of (lie
President, of the 15th Juno, 1891, relative to the modus vivendi respecting the fur-seal
fisheries in Behring's Sea.
This Government would be pleased to receive, in exchange, copies ot such instructions
as may be issued by Her Britannic Majesty's Government on the same subject.
I have, &c.
(Signed) W. F. WHARTON.
Inclosure 2 in No. 76.
Mr. Tracy to Mr. Wharton.
Sir,
Navy Department, Washington, June 19, 1891.
I HAVE the honour to transmit herewith a copy of the instructions which have been
issued by the Navy Department in pursuance of the Proclamation ot the President of
the 16th June, 1891, containing the modus vivendi, with a view to their exchange, sliould
it be deemed desirable, for a copy of such instructions as may be issued by the British
Government on the same subject.
Very respectfully,
CSigned) B. F. TRACY, Secretary of the Navy.
Inclosure 3 in No. 76.
Mr. Tracy to Commanding Officer of United Stales' Steamer " Thetis," San Francisco,
California.
(Telegraphic.) Washington, June In, 1891.
PROCLAMATION of President closing Behring's Sea has been telegraphed to
Collector of Port of San Francisco. Make immediate application for copies as soon as
received; proceed with "Thetis" to Sand Point, Popoff Island, distribute the Proclama-
tion among the sealing vessels. Warn master of each vessel to wlioin you may deliver
Proclamation that name of vessel has been taken, and that vessel will be liable to ca])(iire !
if found to have been or to be scaling in Behring's Sea east of the line of demarcation; I
after notice, furnish all United States' and British vessels of war and revenue-cutters with I
lists of vessels warred. Remain in neighbourhood of Sand Point until receipt of furtlicrl
instructions, which will be sent by " Marion." Receive on board an^' transport to Sand
Point C. H. Bullard, Deputy Collector of Customs, but do not delay sailing on liis I
account.
* Substance talegraphed.
NCEFOl'E.
San Francisco,
■15
Inclosure 4 in No. 7c.
^fr. Tracy to Commandimj Officer of United States' Steamer " Mohican," San Francisco,
California.
(Tclcjtraphic.) " r/asliinqton. June W, ISO] .
OBTAIN immediately I'rom Collector of Customs, San Francisco, printed copies of
President's Proclamation in reference to Beliring's Sea. On receipt of such copies
proceed with all dispatch to the vicinity of the Pri})ylofr Islands, St. Paul and St. George.
Xotify all American and l>ritisli persons and vessels you meet of the Proclamation, and
give them copies of the fuimc. Warn all persons and vessels of either nationality
engaged in sealing in Beliring's Sea east of the line of demarcation, as shown on
Hydrographic Office Chart Ko. G8, to leave those waters forthwith. Make entry of
warning on register or log of scaler. Seize any American or British persons and vessels
foimd to he or to have been engaged in sealing, after notice, within the prohibited waters,
end bring or send them in charge of a sulticient force to insure delivery to nearest
convenient port of tlieir own country, together witii witnesses and proot.s, and there
deliver them to proper officer of Court in said port. Send, at least, the master of
the seized vessel, her mate or boatswain, all her cargo, and such of her crew as you deem
safe, in the seized vessel. At time of seizure, draw up declaration in writing, showing
condition of seized vessel, jilacc and date of seizure, giving latitude and longiludo, anci
circumstances showing guilt. Sign declaration, and send with ship's papers and seized
vessel to officer of Court. Oeliver to master of seized vessel signed and certified list of
papers found on board. Officer in charge of seized vessel will, at time of delivering
vessel's papers to Court, sign a certificate stating any changes that may have taken place
in resjiect to vessel, crew, or cargo, since seizure.
Keep a list of all vessels to which notice of Proclamation has been given, and furnish
all United States' and British war or revenue vessels Avith copies of list.
Before sailing get order from Alaska Commercial Company, San Francisco, to coal
at Unalaska.
After two weeks' cruizing in neighbourhood of Pribyloff Islands, rendezvous at Sand
Point, PopofV Islands, one of the Siiumagin group, with " Thetis" and " Alert," and await
there further instructions by " Marion."
Furnish copy of this order to Commanding Officer of " Alert," and direct him
to comply with it.
Inclosure C> in Nc. 76.
Mr. Tracy to Commander Cotton, commanding United States' Steamer " Mohican,"
San Francisco, California.
(Telegraphic.) Washington, June 16, 1891.
UNTIL further instructed, you are jilaced in command of all United States' vessels
of war cruizing in the noig'^hourhood of Beliring's Sea, and you will distribute the force
in such manner as in your judgment will best enable you to comply with the orders of the
Department, ami the ro([uirements of the President's Proclamation. Instruct vessels
under your command to send all seized persons and vessels to Ounalaska, to which point
chartered steamer will be sent from San Francisco with marine guard. Steamer will be
at your disposal. Instructions liave been sent to revenue-cutters to turn over persons
and vessels seized by them to you at Ounalaska. Utilize the chartered sfeanicr to the
best advantage to assist in e.\ecuting the Proclamation, and to hand over as soon as
practicable all seized persons and vessels to authorities of nation to which they respec-
tively belong. Orders directing "Thetis," "Alert," and " Mohican " to rendezvous at
Sand Point revoked, "Thetis"' will proceed to San.l Point as directed to distribute
Proclamation and give notice, and will proceed thence to Ounalaska immediately after
(lopartin-e of British steamer, whicii visits Sand Point about 1st July to bring home coa.st
catch of seal. " Moiiican " and " Alert," after cruizing two weeks, as previously directed,
in Behring's Sea, will rendezvous with "Thetis" at Ounalaska instead of Sand Point.
" Marion " will sail later, and join your command at Ounalaska at about same time. Has
"Thetis" already sailed? If so, you must communicate with her at Sand Point, where
her orders of yesterday directed her to await your arrival. On receipt of this order,
proceed immediately to Behring's Sea with " 'I'hctis," " Mohican," and " Alert."
Telegraph departure.
W
i
n ^- •'■■ 1
u ifl ■ -^i |1
r hi ■' 1
I 1
! I s I ' !
J! .
i
, '.: . . I 1
ll!.'.H^^
!■;
I
i
46
No. 77.
Sir J. Panncefote to the Marqtcis of Salisburij. — {Received July 2.)
My Lord, Waxhimjlon, June 22, 1801.
I HAVE the honour to inclose, with reference to previous correspondenc^e on
the subject of tlic uiodm vivcndl in Uehring's Sea, copy of a protest, as pul)lislied in the
" Washington I'ost " of the 2Uth instant, wiiicii lias been filed by the North American
Commercial Conijiany witli the Treasury Department against the President's Procla-
mation limitina: tiio catch of the Company for tlie current year to 7,500 seals, and
for \vl\icli indemnity is claimed. This protest also contains a claim by the Company lor
an indemnity against the United States on account of losses incurred during last year's
fishery season by reason of their operati(ms on the islands having been brought to a, close
on the 20tli .Inly before the expiration of the sealing season, by order of Mr. Golf, the
United States' Agent.
[ likewise have the honour to inclose a cutting from the "New York Times,"
commenting on this protest of the Company.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 1 in No. 77.
Extract from the " Washingtoii Post" of June 20, 1891.
THE North Ame.-ican Commercial Company, through its attorney, Judge N. L.
Jeifries, filed the following protest with Acting Secretary Spaulding, of the Treasury
Department, yesterday : —
"The North American Commercial Company, of San Francisco, California, the
lessee of the right to take fur-seals for their skins on the Islands of St. Paul and
St. George Iii Alaska, for a period of twenty years from the 1st May, 1880, respectfully
represents :
"1. That it has at all times since the execution of said lease, in every particular,
faithfully performed the stipulations and convenants of the same, and has strictly
observed the la\v in regard thereto, and obeyed the regulations, orders, and directions of
the Secretary of the Treasury relating to the same ; that it is doing so now, and
will continue to do so in the future.
" Said Compa!iy further represents that previous to and at the time of the letting,' of
said Contract the Secretary of the T'reasury, by public advertisement, assured said
Company that it would bo permitted to take under said Contract on said islands a (junta
of G(),000 seal-skins during the year ISDU, and said Company, relying upon that
assurance, submitted its bid for said privilege and made its estimates upon that basis, and
agreed to pay to the United States a sum three times greater than paid by the former
lessee for said privilege, which proposal was accepted by the United States, and a lease
was thereupon executed and delivered in accordance with said proposal submitted by said
Company in response to said advertisement.
"Tiiat thereupon said (Company, under directions of the Secretary of the Treasury,
purchased from the former lessee, the Alaska Commercial Company, its plant, property,
and fixtures on said islands, including a large number of dwelling-houses for the native
inhabitants, also warehouses, storehouses, salt houses, merchandize, goods, provisions,
boats, and implements, and paid therefor a large sum of money. Said Company at the
same time purchased a large stock of supplies, provisions, goods, and merchandize for the
wants of the inhabitants of the islands, and chartered a steam-ship at great cost for the
purpose of transporting said supplies from San Francisco to the seal islands, a distance of
over 2,000 miles, and to bring back to San Francisco the 00,000 seal-skins, which, by its
said Contract, it had been authorized to take during the season of 1890, and for
which it incurred a great expense.
" Said Company further represents that, in violation of the terms and stipulations of
said Contract without good cause therefor, and without any assertion or pretence by
the United States or its Agents that said Company had been derelict or at fault
in any respect, the United States compelled said Company to cease taking seals
on the 20th day of July, 1 890, when the sealing season had not expired, and when said
2.)
me 22, 1891.
•csponcleiicu on
ublished iu the
forth American
sident's rvoda-
,500 seals, and
le Conipiiny lor
irinjj; Itist year's
•oui^ht to a close
»f Mr. Goli', the
,v York Times,"
.UNCEFOTli.
ley. Judge N. L.
, of the Treasury
0, California, the i
of St. Paul and |
1880, rcspecll'uUy
n every particular,
and has strictly I
and directions o£
lins so now, and |
|c of the letting of I
cut, assured said
id islands a ([uota
dying upon Uiat
lion that basis, and
laid hy the former
States, and a lease
submitted by said]
ly of the Trcasnry,
[ts plant, property,
iscs for the native
jfoods, provisions,
Id Company at the'
lerchandize for the
great cost for the'
lands, a distance of]
skins, which, by its
of 1890, and for
I and stipulations o(
m or pretence by
fcrelict or at fault]
^easo taking se^l
red, and when said
47
Company had obtained only one-third of the quota of seal-skins whicli by law
and tlic terms of .said Contract it was nutliorizcd to take, and then and there prohibited
said Company from taking any additional number during said year, on account of which
said Conipany sustained a loss in the sum of 400,000 dollars.
"Said Company furtiicr represents tjiat at the time it was compelled to slop
taking seals at said islands it earnestly protested against sucli action by the United States,
and has continued to protest, and now again submits its formal protest against the action
of the United States in preventing it from taking its quota of seal-skins it had a right to
take by law and by the terms of said Contract. And said Coin]iany respectfully submits
that it is justly entitled to receive from the United States such a sum as «ill compensate
it for the loss it has sustained on account of the action of the United States, as
I aforesaid.
" 2. Said Company further represents that, acting under the authority of law and
I the provisions of said lease, the Secretary of the Treasury, on tlie 1 3th day of April, J 891,
delerniincd and fixed llie quota of seal-skins which said Company would be pernutted to
hake on said islands, according to the provisions of said Contract, during the present year,
[at (iO.OOO skins; and that, relyin::: upon tliat assurance, said Company again purchased a
large stock of supplies to the amount of (55,000 dollars, and chartered a steamer at great
expense to transport said supplies to the seal islands for the nuiintenance of the
native inhabitants, and to bring to San Francisco the G0,000 seal-skins which it had beeu
authorized to take during the present season.
" And now, said Company having iieen notified by the Secretary of the Treasury
that it will not be permitted to take its said quota of 00,000 seals during this year as it
is authorized to do by its said Contract, and by the express direction of the Secretary
aforesaid, and it rcsi)ectfully enters its protest .against such action l)y the United States,
and gives notice to tiie Honourable the Secretary of the Treasury that it will claim to be
reimbursed by the United States to the full amount of the loss it may sustain by reason
of its being prohibited by the United States from taking its full quota of 00,000 seal-
skins during the year 1891.
" 3. Said Company further represents that in providing for the maintenance and
education of the inliabitants of the Islands of St. Paul and St. George aforesaid, it has
expended a large amount of money, to wit, the sum of 150,000 dollars, for which it has
DOt been reimbursed in any part, and said Company has been assured by the Secretary
of the Treasury that the United States will liquidate the account so expended by said
Company, including as well the price of supplies and cost of schools, medicines, and medical
attendance during the years 1890 and 1891. Said Company will be obliged to liereafter
demand of the United States the full amount so expended.
" Said Com])any respectfully invites the attention of the Secretary of the Treasury
to the fact that the Islands of St. Paul and St. George iu Alaska belong to and are in
the undisputed possession of the United States ; that the right of this Government to
dispose of fur-seals bo^n on said islands has never been questioned.
Comi)any assumes thp,t the right of the United Stales or its lessee
said islands within on- unquestioned jurisdiction is beyond dispute
ijuestion or interfercni'e hy England or any other foreign State.
" The right of this Goveriiment to take fur-seals on its own territory is not one of
|the (|UCstions to be submitted to arbitration, and has no relation to the contention
|l)et\veeii the two countries. In that dispute Great ]5ritain allirms and the United States
denies the right of iMiglish and Canadian poachers to slaughter fur-seals in ' our
part' of Bchring's Sea, and this Company respectfully insists that the Agreement
lictween the two Governments set forth in the President's Proclamation, in so far as it
Iproliibits said Comjiany from taking its lawful quota of seal-skins, is in contravention of
lllie vested rights of this Company, and subjects it U> great loss.
"If it may be assumed, as England has asserted, and this Government lias denied,
[that the eastern portion of Behriug's Sea is not the marine territory of the United
States, but is the ' high seas,' the Company respectfully submits that it is not competent
lor Great Jirilain and the United States alone or for any other two Governments to
leterinine who shall be permitted to navigate these waters, or to prohibit fishing or
akiiig seals on the high seas ; and the Company respectfully points out to the Honourable
he S(>cretary of the Treasury that its rights have been overlooked by said Agreement
iween the two Govt'rmnents, in that it deprives the lessee from taking seals which it is
lUtliorized to take by law and its Contract with the United States, thereby inflicting a
vere loss upon said Company, in order to obtain the consent of I'^ngland to arbitrate the
uestiou as to the right of Canadian poachers to destroy the «eal industry by pelagic
ialiug."
This being so, said
to take fur-seals on
and not subject to
• I
h:!!"!
i^: ■
Iiiclosuro 2 in No. 77.
Exlracl from the "New York Tmcs" of June 20, 1891.
TiiK Com JiEiiciAL Company protests. — Tlic Xortli American Commercial Company
lias entered its protest iigainst the assent of tlie United Slates' Government td the
closed season for sealing in lieliring-'s Sea, and lias ^iven notice that it claims (o he
indemnified by the Government for its losses not only for this year, but Inst year, in
having the number of senls that it was permitted to take under its Contract cut down.
It is evident that the Company whicl; took the lease of the sealing privileges of ijie
Islands of St. George and St. Paul for a term of twenty years from the Ist May, 1890,
has a rather hard bargain. It is be nd to incur a considerable expense in miiiniaining
the natives, without reference to the number of skins taken; and it invested (juite a
large amount in the " plant " and property purchased from its predecessor. The
preparation of each season's work is, of course, an expensive matter.
The terms of the lease give the Secretary of the Treasury discretion in deteniiinins;
the number of seals that may be taken each season. Last year the nund)er was flxcil at
00,000, but, on the 20th July, the operations of the Company were stopped by i;,c
Agents of the Government, when only a little more than one-third of the allotted
number had been taken. This year the Secretary of the Treasury again, on the
13th April, issued an order permitting the capture of G0,000 seals, and preparations
were ma.!<' by the Comiiany accordingly. But under the closed-season Agreement the
number hiis been cut down to 7,r)00, sutlicient merely to cover the cost of maintaining the
natives. Now the Company claims', that the Government had no right to reduce the
number after it had been once fixed for the year under tlie contract of lease, and it will I
claim to be indemnified for its losses. It says that the loss last year was 100,000 dollars,
and, of course, it will be much larger this year. Besides this, the Company asserts tlmtj
it has expended 150,000 dollars in the maintenance and education of the natives, wlm'li|
should be reimbursed. It seems likely, therefore, to have a nice little claim ujioii tliej
Government for l,0()ij,000 dollars or more.
The Company, through its counsel, has some remarks to make about the inter.l
national and jurisdictional aspects of the asc, which are sheer impertinence. As to itj)!
legal claims, not being familiar with the ,ict terms of the Contr.act, we shall not under-l
take to pass an opinion. Apparently, tiie Secretary of the Treasury assumes that hisi
discretion to fix the number of seals to be taken from year to year, and to supervise and!
regulate the killing, includes the right to rerluce the number at any time during tliel
season, while the Company denies this. But one thing is very clear. If it was t'oundl
necessary last year to stop the Company's operations in Jidy, when only 21,000 seal/
had been taken, it was very poor policy this year to fix the limit again, before the scasora
opened, at 60,000, and that, too, after tlie proposal for a closed season had been made anil
negotiations were on foot for giving it effect. Does it not look as though the GovernJ
ment itself had ]ireparcd the way for this claim for a large indemnity in case ,iif
Agreement for a closed season should be made ? Is not this protest another stop in tiie
process of laying the basis for a claim upon the Government e(|uivalent to the piolitsol
a full scaling season of which the order permitting a catch of 60,000 seals was the fiisl
step? If so, it may be that Mr. Blaine, by his delays and his influence, succeeded ii
doing his friends of the North American Commercial Company a very substantial sorvic^
after all.
No. 78.
Sir J. Pauncefote to the Marquis of Snlisbuiy. — {Received July 2.)
(Extract.) Washington, June 2.*5, 1891.
WITH reference to your Lordship's telegram of yesterday's date, containin::!; thj
instructions issued to the British cruizers in Behring's Sea, I have the honour to inclosj
copy of a Memorandum which I this day personally delivered to the Acting SecrctaiJ
of State.
I
United
')C COUi
H
Conimi
hoH-eve
arrival
matters
croiaU'otiiFny
crnment to the
it claims to lie
)ut Inst year, in
ntract cut dtiwn,
pvivilccjcs (if the
c 1st May, 1890,
in maiiitai\iing
invested <iuite a
•cJeccssor. The
n in dctenninin;;
inhcr was iixi'il nt
3 stopped l)y t.,c
\ of tlic allotted
:y again, on the
and preparations !
)n Afirccmonl tho
if maintaining the
rht to rednoe the
it" lease, and it will I
as '100,000 dollars,
mpany asserts that I
the natives, wliii'hl
tie claim uiion tliel
c about the inter.
tincncc. As to its|
wc shall not under-
y assumes that hisl
nd to supervise and!
%ny time during thol
V If it wns foundl
. only 21,000 sealJ
1, before the scasoiJ
Ihad been made ami
.hciush the Governj
icnmitv in case atf
another step in th^
cut to the prolits ol
seals was tlie fifsj
ucucc, succeeded iJ
substantial servicl
49
Inclosuro in No. 78.
Memorandum.
THE following instructions linve been issued to the British Senior Naval Officer at
Ks(|uiinalt : —
He is to proceed to Behring's Sea with Her Majesty's steam-ships " Nymplic " and
" Plicasant," and cruize to the eastward ot the line of demarcation mentioned in
Articles 1 and 2 of the modus vivcndi, warning all liritish vessels found acting in
ignorance of the prohibition.
He is to confiscate the sealing equipment of any British vessel found deliberately
offending, recording her name and tho name of her master, for piosecution afterwards.
He is to arrest any American vessel found deliberately offending, and record her
name and the name of her captain, togetlier with the proof of the oflPcnce for which she
is arrested, informing the United States' cruizcrs.
Her Majesty's ship " Porpoise " will be ordered from China to join the other ships
under his command.
Her Majesty's Government are of opinion that there should be an understanding
between the two Governments for mutual indemnities.
A cruizer of one nation arresting a vessel of the other can only be justified in doing
so as the agent of such other nation, and should therefore act in that character.
Her Majesty's Government therefore suggest that the two Governments should
agree to indemnify each other in respect of any acts committed in pursuance of such
agency by the cruizers of one nation against the ves.sels of the other in execution of the
modus vivendi.
No. 79.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received July 4.)
(Telegraphic.) Washinaion, July 4, 1891.
I HAVE the honour to inform your Lordship that Mr. Wharton, the Acting
Secretary of State, has addressed to me a note stating that the President is about to
designate two persons to visit the Behring's Sea for the purpose of examining all
questions connected with seal life in that sea and the adjacent waters. Mr. Wharton,
therefore, proposes that arrangements should be made to have the Agents of the
respective Governments go together, so that they may make their observations conjointly.
He awaits such communications as Her Majesty's Government may desire to make on the
subject.
Mr. Wharton informs me by word of mouth that the Agents whom the President is
about to appoint will be nominated as members of the Joint Commission, and as he
presumes that the same course will be followed by Her Majesty's Government with
regard to Sir G. Baden-Powell and Mr. Dawson, the object of the proposal is that all the
members of the Joint Commission should have the advantage of making the necessary
investigations aiid inquiries in the course of the present seal fishery season.
I await instructions from your Lordship as to the reply I should address to the
United States' Government.
•U
'■'! ■' ':•■
m
iW y
No. 80.
\ July 2.)
ion, June 23, 1891.
late, containing tli|
he honour to inclosj
[he Acting Secretart
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) . Foreign Office, July 5, 1891.
I HAVE received your telegram of yesterday, forwarding the proposal of the
United States' Government that the inquiries respecting seal life in Behring's Sea should
be conducted conjointly by the British and United States' Commissioners.
Her Majesty's Government have already chartered a ship to convey the British
Commissioners, and they could not now cancel the engagement. Instructions will,
however, be sent to the British Commissioners to co-operate as umch as possible on their
arrival at the seal islands with the A'.nerican Commissioners in their inquiries into the
matters to be investigated.
[3.2J
H
80
No. 81.
Sir J. Pauncefote to the Marquis of Salisbury. — (Received July 6.)
My Lord, Washimjlon, June 20, 1891.
IN my telegram of the 15th instant I liad the lionoiir to report tlic signature
of the Agreement between Her Majesty's Government nntl that of the United States for
a modus vivendi during the present fur-seal fishery season in Behring's Sea, and I added
that 1 was awaiting an appointment to proceed with tlic discussion of the terms of
arbitration.
Immediately after the signature of the vwdus vivendi, 1 had requested the Acting
Secretary of State (the Honourable William Wiiarton) to appoint an early day for
resuming the above negotiations, and he promised to use all expedition for tlint
purpose.
The next day (the 16th) Mr. Wharton invited me to call at the State Department,
and to my surprise informed me that the President was compelled to devote the next few
days to other urgent matters of State, and had made arrangements to leave Washington
immediately afterwards for his sea-side residence at Cape ilay, hut that he would return
on the 23rd, and would be prepared to proceed with the remaining subjects of
negotiation.
I expressed my concern at this unexpected delay, wliich I feared might prevent the
appointment of the Commission in time to commciicc its labours during the present
fishery season. I reminded Mr. AVharton of his assurances that tlic President was
anxious to expedite the conclusion of the Arbitration Convention in order that the Joint
Commission should not lose this season, and I strongly urged that lie should obtiiin
authority to proceed with the negotiations during tlie absence of the President, wlierehy
a whole week might lie saved at a time when every day gained would be of imporlanee,
Mr, Wharton promised to report my observations to tiie President, and I called
again at the Department of State on the 18th in the hope of obtaining a favourable
reply to my proposal, but I was informed that my representations had been of no avail,
and that the President would not consent to the negotiations being resumed until Km
return from Cape May.
The President returned to AVashington on the 23rd, and on the following day I
called on Mr. Wharton to urge the immediate resumption of the negotiations. Ho
promised to see the President at once on the si.bject, and yesterday evening I received
from him the ofticial note of which I at once telegraphed the substance to your Lord-
ship, and of which a copy is inclosed in my separate despatch No. Ml of this date.
In that note Mr. Wharton submits, on behalf of the President, the text of two new
clauses in the proposed Arbitration Convention with reference to the questions of an
international close season, and of the claims for compensation, and also proposes a form
of a separate and contemporaneous agreement for a Joint Commission.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 82.
Sir J, Pauncefote to the Marquis of Salisbury, -^{Received July 6.)
My Lord, Washington, June 26, 1891.
WITH reference to my telegram of yesterday's date, I have the honour to inclose
herewith a copy of a note which I received yesterday evening from the Acting Secjohir}-
of State, in answer to the Memorandum (see my despatch of the 5tli June) which I coiu-
nuinicated to him on the 3rd instant in conformity with tlie instructions containcil in
your Lordship's telegram of the 2nd instant, on the subject of the Behring's Sea Arbi-
tration.
,„ . . , . . (Signed) ' JULIAN PAUNCEFOTE.
' .r.-;
81
IncloHure in No. 82.
Mr. Wharton to Sir J. Pauncefote. ■'
Sir, Washington, June 26, 1891.
THE corrospondcnco between this Government and that of Her Majesty has liftppily
resulted in an Af?reenient upon tlie first five propositions wliich arc to constitute the basis
of a proposed Arbitration relating to the controversy which lias arisen as to the respective
liglits of the two Governments in liebring's Sea.
In tiie note of Lord Salisbury of the 2l8t February last he states his objection to the
sixth proposition, as presented in the letter of Mr. Blaine of the 17th December, 1890, in
the following words : —
" The sixth question, which deals with the issues tiiat will arise in case the contro-.
ver.sy shonld be decided in favour of Great Britain, would perhaps more fitly form the
Hiibstance of a separate reference. Her Majesty's Government have no objection to
referring the general question of a closed time to arbitration, or to ascertain by that
means how far the enactment of such a provision is necessary for the preservation of the
seal species, but such reference ought not to contain words appearingjto attribute special
and abnormal right in the matter to the United States."
I am now directed by the President to submit the following, which he thinks avoids
ilie objection urged by liord Salisbury : —
" No. 6. If the determination of the foregoing questions as to the exclusive juris-
diction of the United States sliall leave the subject in sucli position tliat the concurrence
of Great Britain is necessary to the establishment of Regulations for tlie proper protection
and preservation of the fur-seal in, or liabitually resorting to, tiie Behring's Sea, the
Arbitrators shall then determine what concurrent Regulations outside the jurisdictional
limits of the respective Govcrnnients arc necessary, and over wliat waters such Regula-
tions should extend, and to aid them in that determination the Report of a Joint
Commission to be appointed by the respective Governments sliall be laid before them,
with sucli other evidence as either Government may submit.
" The Contracting Powers furthermore agree to co-operate in securing the adhesion
of other Powers to such Regulations."
In your note of the 3rd instant you proposed, on belialt of Her Majesty's Govern-
ment, the following Additional Article : —
" It shall be competent to the Arbitrators to award such compensation as, in their
judgment shall seem equitable, to the subjects and citizens of either Power who shall be
shown to have been damnified in pursuit of the industry of sealing by the action of the
other Power."
The President cannot give his assent to this form of submitting the question of
compensation. It entirely omits notice of the important fact, that the Government of
the United States, as the owner of the seal fisheries on the Pribylod' Islands, has interests
which have been injuriously atlected by the pelagic sealing of which complaint has been
made in tliis correspondence.
This Government lias derived a very large annual income from this property, and
this income has, in the opinion of the President, been very seriously impaired and
imperilled by the destruction of the seal in the sea while passing to and from the
breeding grounds on these islands. The Government of Her Majesty has directly
interposed to support the Canadian sealers, and will not, the President assumes, desire to
avoid responsibility for any damages which have resulted to the United States or to its
citizens if it shall be found by the Arliitrators that the pursuit of seals by these
Canadian vessels in the sea was an infraction of the rights and an injury to the property
of this Government. The proposal submitted by you distinctly limits the liability of
Her Majesty's Government in case of a decision in favour of the United States to com-
pensation to the citizens of this country.
It will be apparent to Lord Salisbury that whatever damagi.\s have resulted from
pelagic sealing as pursued by vessels flying the British flag have accrued to the United
States or to its lessees. The President does not doubt that the purpose of Her
Majesty's Government in the proposal under discussion was to secure to the party
injured equitable compensation for injuries resulting from what may be found by the
Arbitrators to have been the unlawful and injurious act of either Government.
From the note of Lord Salisbury of tiie 21st February, to which reference has
been made, I quote tlie following : —
" There is one omission in these questions which I have no doubt the Government
of the President will be very glad to repair and that is the reference to the Arbitrator
[672] H 2
i'^
■|-i
]
■)
1 '
:i', ,<■.
i '
'i^^
i
' i\\ '" ''
.
1
; ( ■
. '■} ■■
■ i '
L -.
B9
of the question wlint dnmsKOs arc duo to the perbons who hnvc been injured in cnsii it
shall be determined by liiin that tlio action of the United States in ecizing Brid^li
vessels has been without warrant in international law."
1 am directed by the President to propose llie following 7th and final clause in the
basis of arbitration : —
"7. It shall be competent to the Arbitrators to award such compensation as in
their judgment shall seem equitable to the sulijects or citizens of Great Britain whdM)
vessels may have been seizecl by the United States in the Behring's Sea, if such sci/.iiivs
shall be found by the Arbitrators to bavo been unwairnntod, and it shall iiIhd Iju
competent to the Arbitrators to award to the United States such compensation as in
their judgment shall seem equitable for any injuries rc-.ulling to the United States or to
the lessees from the Governn)ent of the privilege of taking seals on the Prihyloll
Islands, by reason of killing seals in the Hehring's Sea by persons acting under tiio
protection of the British (lag outside of the ordinary territorial limits and since the 1st day
of January, 1886, if such killing shall be found to have been an infraction of the rights
of the United States."
It being understood that an arrangement for n Joint Commission is to be made
contemporaneously with the conclusion ol the terms of arbitration, I am directed by the
President to ))ropose the following separate agreement: —
"Each Government shall appoint two Commissioners to investigate conjointly wiih
the Commissioners of the other Government all the facts having relation to seal life in
Behring's Sea, and the measures necessary for its proper protection and preservation.
"The four Conmiissioners shall, so far as they may be able to agree, make a joint
Keport to eacli of the two Governments, and they shall also report, cither jointly or
severally, to each Govcninient on any poiiitn upon which they may bo unable to agree.
" 'I'he Keports shall not be made piil)lic until they shall be submitted to the
Arbitrators, or it shall appear that the contingency of their being used by the Arbitrators
cannot arise."
I have See,
(Signed) ' WILLIAM F. WHARTON.
:;o. S3.
Sir G. Baden-Powell to the Marquis of Salisbury. — {Received July G.)
(Telegraphic.) July 6, 1891.
IN my opinion it is essential that in order to avoid delay I should take with me to
the North Pacific Ocean a permission from the Russian Goveinment to visit their islands
should it seem necessary to do so.
I should be glad if it could be sent to me, if possible, by post on the 7th instant.
No. 84.
The Marquis of Salisbury to Sir J. Pauncefole.
(Telegraiihic.) Foreign Office, July 6, 1891.
HER Majesty's Government approve the wording of the 7th Article respeclinfj
compensation in the proposed Arbitration Agreement suggested in your telegram of the
27th ultimo. They have been awaiting the assent of the Canadian Government, which
has now been given.
Her Majesty's Government accept the Gth Article as proposed by the United States'
Government, and communicated in your telegram of the 26th ultimo.
No. 85.
Sir J. Pauncefole to the Marquis of Salisbury. — {Received July 6.)
(Telegraphic.) Washington, July 6, 1891.
WITH reference to telegram from the Foreign Oflfice of the 6th instant, are the
terms of agreement as to the Joint Commission referred to in my telegram of the
25th idtimo accepted by Her Majesty's Government ?
C3
clause in tlm
iVHARTON.
5 United States'
No. 86.
< I .... ... . .
The MarqnxH of Salishurij to Sir G. Raden-Pouell and Dr. Dawson. ',
(ientlcnien, Fnreiijn Office, Jiili/ "i, IHOl.
I TRANSMIT herewith, for your information, parnphrnHcs of tclesrnnis wliich have
p issed between Her Majesty's Miniwler at Washington and tiiia Depai tnieiit,* lelative to a
proposal made by the Government of the United States thit the Conimissioncra appointed
hy Her Majesty's Government and l)y that of the United States to visit Heliriny's Sea
iiir the purpose of examining into the conditions of seal life should do so together, so as
to make their observations conjointly.
You will already have been informed of the contents of these telegrams by the
Governor-General of Canada, to whom they have been repeated hy tclegraiih. In
accordance with the assurance given to the United States' Government, I have to
roquest that on your arrival at the seal islands you will as much as possible co-operate
with the Commissioners appointed by the Government of the United States to inquire
into this subject.
, I am, &c.
■ - (Signed) SALISBURY.
:■....'••.. No. 87.
Colonial Office to Foreign Office. — {Received July 8.) ;
Sir, Downing Street, Juii 7, 1891.
I AM directed by Lord Knutsford to transmit to you, for the information of the
Marquis of Salisbury, the inclosed " Supplement No. 1 to the Annual Report of the
Department of Fisheries," which has been received from the Governor-General of
Canada.
I am to request that you will call his Lordship's attention to the passages relating
to the seal fisheries contained at pp. 182-4 of this volume.
I am, &c.
(Signed) JOHN BRAMSTON.
Inclosure in No. 87.
Extract from Supplement No. 1 to the Annual Report of the Department of Insheries.
FisHEUiEs Statements and Inspectors' Repoiits for Tnii Year 1890.
[Printed by order of the Canadian Parliament.]
Marine Furs,
The value of the marine fur products is 510,111 dollars, being an increase of 157,061
dollars over the past year, due to the following causes: — An advance of 1 dollar per
skin in the price of fur seals, an increase oi 11,181 skins in the catch, and an increase of
3,200 in the catch of hair-seals.
1 append a schedule, showing'the detailed catch of the sealing iloet for the season of
1890:—
n- ■■;•:'■,-"
.■A
• No.«. 7D aiiil 80.
P
i:!
I !
:V.-HI
i ^
:i
;
1
!
•t
1
i
, 1
.- 1
1
A
1 j,;
Jt
M
^wm
ir^ffT
50
So
ft
sss
®. *1^*
T
kO o
■^
w^
to
o
• • • •
• . • •
CO
•-*
IlrtUBN showing Fur-Scala caught by Forcij^n VcsscIb fttul tliHpoacd of in Victoria,
British Cohimbia.
■■3
a
\>1
l2|
'§1
■ *^
(/J *
is
o o •
'5 o>
O •^ tS *^
Name of Vo<kcl,
Narou of Owner.
Numlicr of
Sniid I'oinl
Cntch.
Nuin! or of
Bcliriii;,' ScA
f'alcli.
Tdtal
Number.
Mnttio T. Dyro . .
Sim Diego
Oi'o. R. While ..
Harry Davis
Venture . . , .
AJdo
American .. ,,
Ditto ..
Ditto . .
Ditto..
Ditto . .
(Jcrroan
7^
220
679
400
1,500
fiGt
431
74
67U
■101)
1,600
6CI
061
Total ..
201
3,4G1
3,7f8
It will be noticed tlmt the names of vessels and owners are given, togetlicr with the
tonnage, &h in previous reports, wliilc the number of boats and canoes is kept separate
and the total values s^iven. The value of vessels coni|)rises the fit-out with firearms,
ammunition, &c., when prcj)arcd for a hunting voyage.
The catch ot seals lias been divided into tiireo classes, viz. :— Spring catch, Sand
Point catch, and Behring's Sea catch. The Spring catch comprises the seals cnptured
after the vessels have left Victoria, say the 1st February, hunting ns far south as l^ower
California ; Sand Point catch includes the skins taken off the west coast of Vancouver
Island; and the Behring's Sea catch those killed in Behring's Sea proper. It will be
noticed that the two fiist-named kinds exceed the Iklning's Sea catch by 3,"J17 skins,
and, as is usually the case, I learn from dealers that the percentage of grey pups is larger
in the Sand Point catch than in that of the Behring's Sea.
On comparing the schedule with that of 1889, it will he seen that the scaling fleet
was increased by six vessels; and, from present outlook, there will likely be a mucii larger
increase during the coming season. I understand that there have already been purchased
three American, a Japanese, and five Nova Scotia schooners for this trade. The names
of the Nova Scotia vessels now on their way are — " Union," " Geneva," " Maud S,"
" Otto," and " Annie M. Paint," besides a steamer recently fitted up for the same
purpose.
I was informed that the seals in Behring's Sea changed their feeding«grounds last
season from the south-west to the north-cast of St. George and St. Paul's Islands, the
large catches being made at tlie north-east end. The cause of this change is said to l)e
on account of submarine volcanic eruptions, which drove away the feed from the banks.
I understand that Customs Collector Milne, of Victoria, has given a detailed Report on
this fishery, and there is no need of my dwelling further on it. As I am situated here,
and so seldom able to visit Victoria, I fintl it extremely difficult to get reliable
information.
No. 88.
The Marquis of Salisbury to Sir R. Morier.
(Telegraphic.) Foreign Office, July 8, 1891.
IT is thought by the two Commissioners whom Her Majesty's Government are
sending to investigate the conditions of seal life in the North Pacific Ocean and
in Behring's Sea that, in order to complete their inquiry, it may be necessary for them
to visit the seal islands belonging to Russia. One of the principal reasons for their
doing so is that they will have 'to ascertain how far the alleged diminution in the
number of seals is merely due to their emigration to other rookeries.
I have to request you to apply for the necessary permission to the Russian Govern-
ment, and it is desirable, if possible, that before they leave Vancouver the Commissioners
may be able to receive the permission by telegraph. Their names are Sir George Baden-
Powell and Professor Dawson. A steamer has been specially chartered for them in
which they will visit the islands.
■• ' :' ii
; 1
i
If
I
56
Ko. 89.
Sir J. Pauicefote to the Marquis of Salisbury. — {Received July 9.)
My lionl, Washington, June 27, 1891.
WITH refonncc to my despatch of the 23ril instant, I huve the honour to report
that I have received :i coniuniHicatiou from the State Dciiartnicnt, dated yestenliiv,
ii foriuin-T ine that the Memorandum, copy of which was inclosed in my despatch alxno.
ni jntioned, relative to the instructions given to Iler Majesty's vessels in Behring's Slvi,
van immediately eoiinnunicatcd to the United States' Navy Department for their
information.
I have, &c.
(Signed) JULUN PAUNCEFOTE.
No. 90.
The Marquis of Salisbury to Sir J. Pauncefote.
^Tclegrapliic.) Foreign Office, July 9, 1891.
IN icply to the inquiry contained in your telegram No. 97, of the Gth instant, I
have to inform yon that Uie terms of Agreement as to a Joint Commission, contained in
your telegram of the 25th ultimo, arc accepted hy Her Majesty's Government.
No. 91.
The Marquis of Salisbury to Sir R, Morier.
Sir, Foreign Office, July 9, 1891.
I TRANSMIT herewith, for your Excellency'^ information, copies of a despatch
from Tier Majesty's Minister at Washington,* inclosing the Agreement signed at
Washington on the loth ultimo hetween Her Majesty's Government and that of tho
United States for establishing a modus vivendi in relation to the fur-seal fisheries in
Behring's Sea.
I am, &c.
(Signed) SALISBURY.
No. 92.
Colonial Office to Foreign Office. — {Received July 10.)
Sir, Downing Street, July 9, 1891.
I AM dir "ted hy Lord Knulsford to transmit to you, to be laid before the Marquis
o"" Salisbury, a paraphrase of a telegram from the Govemor-Genetal of Canada respecting
ihe suggestion that the members of the Joint Commission should proceed to the islands
together.
I am, &c.
(Signed) ROBERT G. W. HERBERT.
Inclosure in No. 92.
Lord Stanley of Preston to Lord Knutsford.
(Tolegrnpliii-.) (Received July 8, 1891, 4'20 p.m.)
TIIH following message was sent to-day to Sir J. Pauncefote: —
"The Priiiic Minister ot Canada suggests that the United States' Cloveinnicnt
Khould l)e inloitued that the British (.'om.nissioner.s are ready to start, and hope to leave
Ottawa en the 10th instant.
' W'.il United States' Commissioned accompany them
? "
No. (14.
':-!n\
■'^Wippp
^mm^
fNCEFOTE.
SALISBURY.
^ HERBERT.
891, 4'20 P.M.)
No. 93.
Colonial Office to Foreign Office. — {Received July 10.)
Sir, Downing Street, July 9, 1891.
WITH reforencc to tlic letter from this Department of tlie 9th instant, I am
directed bj Lord Kmitsford to tran.smit to you, for the information of the Marquia of
Salisbury, a copy of a telegram which he has sent to the Govcrnor-General of Canada
respecting the ."uggestion that the British and United States' members of the Joint
Commission of Experts should proceed to Behring's Sea together.
I am, &c.
(Signed) EDWARD WINGFIELD.
Inclosure in No. 93.
Lord Knutsford to Lord Stanley of Preston.
(Telegraphic.) Downing Street, July 9, 1891.
WE have no objection to Commissioners of United States' Government accom-
panying British Commissioners, who shou'>' proceed in vessel chartered for them without
avoidable delay.
No. 94.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, July 10, 1891.
THE Secretary of State for the Colonies communicated to mo the telegram sent to
you by the Governor-General of Canada on the 8th instant, suggesting that the United
States' Commissioners should accompany the British Commissioners to Behring's Sea.
Her Majesty's Government have no objection to the proposal, but the British
Commissioners must go in the ship which has been chartered for them, and should not
postpone their departure.
No. 95.
Sir J. Pauncefote to the Marquis of Salisbury. — (Received July 10.)
(Telegraphic.) ' Washington, July 10, 1891.
WITH reference to your Lordship's telegram of the 6th instant on the subject of
Behring's Sea arbitration, I have sounded tho United States' Government unofficially on
the subject of the new clause No. 7 respecting damages, which I submitted to yonr
Lordship in my telegram of the 27th ultimo.
Before arriving at any decision on this subject, the President wishes to bo otficially
infoi-ncd of the precise grounds on which Her Majesty's Government object to clause 7
as proposed by him. With your Lordship's approval, I propose to inform him tlint Hor
Majesty's Government are of opinion that in a case like the present, it is unusual and
inexpedient to make use of terms providing that compensation shall be awarded on an
hypothetical state of facts, and thus prejudging tlie question of liability ; that, further,
tliey consider that the question whether any legal liability arises out of any particular
state of facts is a matter which should be adjudged upon by the Arbitrators alter
discussion before them. Her Mejosty's Government would therefore propose tliat, in
order to place both Governments in this respect on the same footing, a new clause in
the form submitted in my telegram of the 27th June sliould be substituted for chaise 7
as proposed by the President.
1 have tlie lionour to request that I may be informed as soon as possible as to
whether the above reply receives your Lordsiiip's approval.
[572]
Jitai''
'5 W-
■flB'
No. 96.
Colonial OjjfSce tn Foi^"ii Office. — (Iteceived July 11.)
Sir, J)owiiiiitj Street, .Iidi/ 10, ]8!)1.
[ AM (iirocteil Ity Lord KuttUt'ord to iK-kaowledK*' the rocoipt of ymir letter of tlu^
S(li instant, im-losiiifij a ]KirapliraMt' of a teifj^rawii of the <>lli instant from Her Majesty's
AinlciMsador at St. iV'ter.siiurj;li reiatinj.^ to [I'nf U-liriiig's Sea (jin'stion.
In voply, I uni to state, lor the inforniatiM. {.f the Marciuis .if Salisbtn-y, tliat Ijord
Kmitsford is of opinion liiat, in eoimiderin'r 'iK'Tiiiier the ]ius>ian proposals should he
aeeepted, it shoidd lie borne ia mind that, unl«!ss t,iu»s Unitcil ritates ajirec to them also.
United Ht«tes' sealers would lie free to caAch steals to the west of the line of demarcation
in the Treaty of 1H()7, so that the aRsem <*♦' Hnfir Majesty's (iof^mmcnt would appear to
be necessarily coiMiitioituI upon tlw; agp^eaittnt o)f the l'iiit«d Stales.
I am *<•.
(Signeut JCl>WAi!D WINOFIELD.
m. -1 " SL I
1^1 r
ilii
it
i
No. 97.
Sir R. Morier to tli!^ Marquis of Salisbury. — {MeceivM Jtiy 13.)
(Extract.) St. PHf>M}urgh, July 7, l«i)l.
I HAVE the honour to (rnnsntit to you*- i/ordship herewith i\\o inclosed copy of a
note, dated the 14th (iHJth) June, in which M. ile (<ieT* replies m> my !•<'; notes of the
'-'3rd May (Ith June) and "JiHh May (Idth .luno\ transmitted in my of tW 10th ultimo.
Owinjf to some accident in transmission, whi«'h is n«^ yet cxplair.*d, th*" note only
reached my hands yesterday. In it M. de (Jiers poMits ouft ifl ii»leren«t'^ to my second
note, that it would be diflicult to accede to propositions the official text (/' which is not
known to him otherwise thiin throu-i the public newspapers, and whv**.'>* have been
broujjht to his notice by one oidy of the two Contracting Parties. Nevj«lli#*ics8, the
Jmi)erial (ioveninicnt would jirobaldy see nothing in the way of prohibiti«)r K^soian
subjects from hunting seals to the east of rhe maritime line of L^07 if Her M.
Government, in a spirit of just reciprocity, would equally prohibit British subjoci a
fishing to the west of that line. The cruizers of both countries eouhl, in that chmc, be
authorized to stop on the high seas English and Ru-^ ian subjects alike found contravening
this arrangement in the waters of the Mehring's Sea uni the Okhotsk-.
The note closes by the signiticant hint that, under any circumstances, tli<- (jlovernor-
Gcneral of the Amoor had been instructed to take all necessary mea.sures for protecting
the Russian hunting-grounds again.st any dangers that might threaten them on the part
of foreign hunters.
When I saw M. de Giers on Saturday he did not advert to the question, being
probably under the impression, as he must have supposed that I had received his note,
that I would be the first to introduce it. I have therefore not had the opportunity of
obtaining from his Excellency any elucidation of the note.
Jnclosure in No. 97.
M. de Giers to Sir R. Mofitir
M. I'Ambassadcur, Sa in t- Peter fbv ttr^, if \A QsS) Air
J'Al eu riionneur de rocevoir les deux notes de votre RceffUence en dsrte ts
(1 Juin) et du 29 Mai (10 Juin) relativement a la chasse dcs friaries.
Par la premiere de ccs notes vous voulez hien m'informer que le Gouvcrnement do
Sa Maie>te Hriiannique e^t lomln' d'iiccord avec le Gouvernemeiit des l<ilats-Unis Aq
rAmiriijiie (hi Xord qiinnt ii la jirohibition de i.i chasse des oturies jimqu'au mois de .M:ii
de I'annee prochaine et invite le Cabinet Imperial a s'associer it cetfce mcsurc. Lord
Salisbury a hien voidu ajouter que sans I'asscntiment dc la llussie d nc saurait t!tre
question de la mise en prati(iuc dc cet arrangement. Dans la secondc des deux notes
susmentionneos votre I'Acellencc modi'" la proposition de son Gouvcrnement dans cc
sens que la prohibition de la chasse .;s otaries ne s'etendrait plus qu'ti Test de la iignc
mariliiiie dii Traitd de 1867 conclu ntre la Kussic ot k's ritats-llnis. Le Gouvemement
de Sa Majesle Britannique nous ' landerait en consequence d'intcrdire de noire c6te la
. liJf jU i;|.ip.iiRP!PHIIiiPl(PP
fi9
10, 18i)l.
letter ol" tlu'
or Mnjosty'.s
ry, that Ijord
lis should 1)1^
to them also,
■ demarcation
iild appear to
^QFIELD.
«/,/ 7, 1B'.)1._
)scd copy of a
notes of the
1 0th ultimo.
[1,.- note only
to my second
'■ which is not
k»tt> l«ve hecn
,,. "-<(v<»lcss, the
l)iu / l{'>s"ian
Her M.
suhjoci . .1
tliat cii^e, be
d contravening
the Governor-
for protect ins
em on the piirt
]uestion, being
ived his note,
opportunity of
) Aim, 1^1
du 2» Mai
uvcrnement do
Ktats-Unis do
nu mois de Mid
mcsurc. Lord
uc saurnit t^tro
dcp deux notes
ement dans co
Test de la lignc
Gouvernement
de notre cOte la
chasae proliihec a I'cst de cette lia;ne a des sujets Russes et d'autoriser les croiseura
Anglais ii saisir Ics hAtimcnts (pii se livreraient a cette Industrie sous notre pavilion.
Tout en reniercnant votrc lO.xcellcnco de cos coniniunications je erois devoir ohsorver
qu'il nous scrait ditriciic d'accc'der a des propositions dont ie texte odiciel no nous ast
connu (pio par les journanx et qui d'ailleurs ne nous sont faites que par i'nne des deux
Parlies Contractantos. Quant ii la ligne mnritime du Traite de 18t)7, le Gouvernement
Imperial ne verrait ])roliahlenient pas d'empc'dienient ii interdire anx sujets IJusses la
ehasse dea otaries ii I'ost de cette region si le Gouvernemen^ do Sa Majesle Uri(anni(|ue,
dans un esprit de juste reeiisroeite, interdisiiit I'galement a scs sujets la cliasse .susmen-
tioniKie a I'ouest de la nieme iigne. liCS croiseurs des deux pays jji-nrraient, en ec cas,
etre autorises ii arreter les contrcvcnants en pleine nier, Anglais on liusses, sans
distincticm, dans les eaux de Behring et d'Okhotsk, et do lea livrer aux auloritd-s
nationalcs competentcs.
En i)ortant ce (jui precede h la connaissancc de votre I'llxcoUencc je m'empresse
d'ajouter (juc le Gouverncur-Gdneral de la Province d': I'Amour recevra dans tons les cas
I'ordrc de prendre les mesures necessaires pour la protection des cliasses Itusses d'otaries
centre les dangers qui pourraicnt les menacer de la part des chasseurs etrangers.
Vcuillez, &c.
(Signe) GlEUS.
(Translation.)
M. rAml)aasadeur, St. Pctrrshuujh, Jimr 1 \ (2(5), 1801.
I WAYVj had the honour to receive your iOxcellency's two notes, dated the 2.1rd
May (4th June) and the 20th May (10th June), relating to the hunting of seiils.
In the first of these notes you are good enough to acquaint me that the Government
of Her liritannic Majesty have come to an Agreement uith the Goverrnnent of the
United States of North America with regard to the jiroliihition of seal-hunting until tiie
month of May of next year, and that they invite the Imperial Cal)inet to join in that
measure. Lord Salisbury was good enough to add that without the assent of llnssia
there could be no question of putting this arran<4cment into practice. In the second of
the two notes above mentioned, your I'^xcellency modifies tiie proposal of your (iovern-
nient in the sense that the prohibition of scjil-hnnting would only hold good to the east
of the maritime line of the Trcsaty of 18(57 concluded betwe-m Kiissia and tne United
States. Tlie Government of Her Britaiuiic Majesty eonsecpientiy asks us to prohibit
Russian subjects on our side from the seal-hunting which is forbicblen to the cast of tiiat
line, and to authorize English cruizers to seize such vessels as may ])ursue tmit industry
under our ilag.
While thanking your Ivxcellency for these ccnumunieations, I tiiinlc it riglit to
remark that it would be dillicult for us to agree to proposids of wiiicii the ollicial text is
only known to us throiigli tiie newspajiers, and wiiich, nioteover, l:ave only been nnide to
us by one of the two Contracting Parties. With regavd to tbe niarilin e line of the
Treaty of 18(>7, the Imperinl Governnunl wciuld probably sec no dilliciilty \\\ pruhibitiui;-
Russian subjects from hunting seals to the east of that region if tlie (ioveriiment of Her
Uritannic Majesty would, in a spirit of just reciiirociiy, u(|iially prohibit their sidijects
from Jumting to the we>t of llie same line. The (, uizers of tlie two countries could in
that case be authorized to arrest the offenders in the o])en sea, Engli-h or Russian,
witliout distinction, in the wateis of IJehring'^ Sea and tbe Sea of Okhotsk, ami to liaiul
tli'-ii» over to the competent initional (iiitliorities.
In making the .'ibove communication to yotu' Excellency, I hasten to add that the
(Ji)vernor-General of the Province of the Amoor will in any case receive orders to take the
necesisary measures for the protection of the Russian seal-hunting grounds against the
dangers by which they may be threat enc.-d on the part of foreign hun';ers.
1 have, &c.
(Signed) GIEllS.
No. 98.
Hit II. Morier to the Marquis of Salisbury. — {Received July ^'^.)
My Lord, Si. PetershurgU, July 9, 1891.
I IlE("liIVED your Lordship's telegram of the 8th instant early this morning, and
at once addressed a note, of which I have the honour to transmit a copy herewith, to
M. de Giers.
[572] ^ 12
h:7
I %
%
m
Not l)cin<? ftblo to Hparc tlio time, ()win<r to tlic dispatcli of my messenger, I
rc(iucsto(I Mr. llownrd to take it liinisolf to M. Oliichkine and to urge on liis Excellency
that the matter inifjht l)e at once taken in hand, ho tliat a telefrram of consent mi^lit
be dispatched to V'^anconver's Island before the departure of the Oommissioners.
AI. Cliichkine, wlio has a strong opinion on the subject of the extinction of the fur-soal
species, expressed Ins full concurrence with the mission of Her Majesty's Commiiisioncrs,
and said he would do nil lie could to obtain the necessary permission at once. There
always remained, however, the dilfieulty of the three Ministers to be bronglit into
connected action.
I have, &c.
(Signed) 11. B. D. MORIKU.
Inclosure in No. 98.
Sir R. Morier to M. de Giers,
M. le Ministre, St. Petersburgh, June 27 (July 9), 1891.
IX the Agreement between Her Majesty's Government and that of the United States,
signed on the ]5th June last, in connection with the question of seal-hunting in the
Ik'hring's Scu, it was stipulated that suitable jiersons designated by Great Jkitain should
he permitted ujjon application to visit or remain upon the American seal islands during
the present scaling season for the puri)o.se of making such inquiries as might assist Her
Majesty's Government in presenting their case to the Arbitrators, should an agreement
for arbitration be arrived at, and with the ultimate view of arriving at such data with
regard to seal life as might facilitate a general agreement for the preservation of the
species.
I have now been instructed by Her Majesty's Government to inform your Excellency
that Sir George Baden- Powell and Professor Dawson, men pre-eminently fitted for tiie
l)urpose, have been selected by Her Majesty's Government to go out to the Uehring's Sea
and >;o!tli I'aeitio for the purpose of investigating the conditions of seal life in tho.si!
sons ; and they are very desirous that, in addition to the American islnud.s, these
gentlemen should be i)erniitted to comjdete their inquiry by a visit to the Russian seal
ishintls, ati important reason for this being that It will be necessiiry to ascertain how far
the alleged diminution of seals is due merely to migration to other rookeries.
Her Majesty's Government, in instructing mo to make this application to the
Imperial Government, express their strong wish that the permission migiit be granted as
quickly as possible, in order that they may be in a position to telegraph it to the
Commissioners before they leave Vancouver's Island.
I avail, &c.
(Signed) R. B. B. MORIER.
■•''}
No. 09,
Tlu Mmiiuis of 'Salisbury to tSir J. Pnuncrfote.
(Telegraphic") Foreitju Office, July 13, 1891.
I HAVMC received ^'our telegram of Mio 10th instant relating to the Agreement tor
arbitration in the Behring's Sea question, aiul L ap[)rove the reply you propose to make
to the United States' Government as to the objections entertained by Her Majesty's
Government to the proposed wording of clause 7 of the Agreement.
No. 100.
Colonial Office to Foreign Office. — {Received July 14.)
Sir, Downing StTcet, July U,im\.
WITH reference to your letter of the 19th June, I am divected by Lord Knutsford
to transmit to you, to be laid before the Marquis of Sali;hury, a copy of a despatch from
the Governor-General of Canada, forwarding a copy of a letter addressed to the Minister
of Marine and Fisheries on behalf of the British foliinibia Sealers' Association, setting
forth their objections to the passing of the Behring's Sea Seal Fishery Act.
1-1^ T
61
T am also to inclose tlic draft of a reply which his Ijorclship propoaes, with Lord
SaHsbury's concurrence, to return to this despatch.
r iitn, &c;.
(Sij,'iiod) llOJJERT G. W. nERlJRRT.
luclosurc 1 in No. 100.
0. MORIEll.
Lord Slanlnj of Preston to Lord Knucxford.
My Lord, Government House, Otlnwii, June 21', ]8!)1.
I HAVE the honour to transmit herewith a copy of an approved Minute of the
Privy Conncil, submitting copy of a letter addressed to the Minister of Marine and
Fisheries on behalf of the IJritish Columbia Sealers' Association, setting forth tlie
objections of that body to the passing of the Bill of tiie Imperial I'arlianient to prohibit
scaling in the Bchring'B Sea.
I liavc, &c.
(Signed) STANLEY OF 1M?EST0N.
fnclosure 2 in No. 100.
Ueport of a Committee of the lionouralile the Privy Council, (ipproved hij his B.rcellenctj the
Governor-General in Council, on the 'SInd Jaiu; 1801.
ON a Report, dated tlio l7th June, 1891, ''rom tin; Aliiiisler of Murine and Fislicrics,
Htating Tnat lie lias fceeived from Messrs. K, B. .Marvin and Co., of Victoria, British
Columbia, a letter on behalf of tiie Hritisb CoIunil)ia Sealer.s' .Association, detailing
the iibjei^tions (o the Bill tlien before the Imiieriiil Parliament to prohiljit scaling in
Behring's Sea, which a nicutiug of the owners of soaliug-vessuls and other interested
juirties discussed.
The Minister oliscrves that the Association anticipate the elfect of the Bill passing
in its present form will be ruinous to British subjects liitherto particiitating in the
industry.
They arc much opposed to the stipulation allowing tiie lessees to take 7,''50O seals
for food for tlie natives, and assert that tiic natives em|)loyed by the lessees are taken
fromOonalaska to the seal islands, and after the expiry of the killing-season are taken
back to Oounlaska, a limited numb'jr only being left on the islands during the winter.
If allowed to take 7,500, it is feared this permi.ssion would be used as a cloak to
unlimited killing. They consider any clo.se season adopted should be genera!,, without
any exception.
The Minister further observes that in tho last paragraph of the communication
appended, the Association ask to be allowed to send two competent men to represent
their case before the Arbitrators.
The Minister apjjcnds a copy of the letter in question, together with a copy of his
reply thereto.
The Committee, on the recommendation of the Minister of Marine and Fisheries,
advise that your Excellency be moved to transmit a copy of this Minute to the Right
Honourable the Secretary of State for the Colonies for the information of Her Majesty's
GoveruTiient.
All which is respectfully submitted for your Mxcellency's approval.
(Signed) JOHN J. McGIEE,
Clerk of the Privy Counril.
Inclosure H in No. 100.
Messrs, Marvin and Co. to Mr. Tapper.
Dear Sir, Victoria, British Columbia, .Tune 5, 1891.
A MEETING of owners of sealing-vessels and others interested was held last
evening to take into consideration (he i)reseni Bill, now before the Imperial Parliament,
ami tlio harusliips that would arise from tin,' Bill passing in the present form, and if
carried into effect will be ruinous to those British subjects engaged in the business.
I 1.
i. I
I.
•ilMI:
'I
! ;
9.
ni\.
' I
if
There are some matters in connection with the passing of the Bill, and also tlio
demand made by the American Government for the privilege of taking 7,500 seals lor
the natives' food, which we strongly object to. Wo therefore lay our views before you
with the object of future information and guidance of the Arbitrators in the settlenuiit
of this question, matters that are of vital importance to all tliose engaged in the soalinp
business.
In taking up the demands made by the Amoricnn Government for 7,000 seals lor
food, for your infornuilion we beg to state tiiat the natives employed by the lessees ol'llie
Pribyloff Islands are taken from Oonalaska to the I?'lan(ls of St. Paul and Si. Georije
about the 1st June, and remain tliere during the killing season, which continues until
about the 1st September, wlien they are removed back to Oonalaska. Aliout six incii
are left on each island during the winter, to prevent any raid being made alter the
Company have taki'u their seals. The natives living at Oonalaska live as well as any
white man can live. Those on tin islands are also provided with food for the season.
The plea set up by the American (Government, that they want 7,.'J00 seals to feed the
natives, is a blind, and only to gain that advantage over the Finpcrial Government. That
pri /liege being allowed them, what is to prevent them from taking 70,000? There will
be no check to prevent them doing so.
The principal lessees of the islands, Leibes and Co., have a large cannery at Kodiak,
also a fast steamer running between tliere .and the seal islands. They can ci\rry away
any quantity of seals when they want then\ The facts are not generally known, only to
those engaged in tlie business, [n the settlement of this (juestion, should any such
advantage be allowed the American Government, it will be all they would ask, for, as
they would be in a position to kill all the seals they require regardless of preserving life ;
if it is decided to have a close season, let it be general. Give no advantage to any one,
under no plea, especially that set up by the American Government, viz., food for
natives.
The British Columliian scalers have exactly the same grounds to work on that the
American Govermnent claim in regard to feeding our natives. We have in all ],()U()
natives employed on our vessels that live principally on the seal during the sealing season,
and earn through their own industry from 500 dollars to 7;jO dollars while employed seven
to eight months in the year. They formerly were hostile to all Whitcmen. Life wiis
not safe among them, but since the scaling industry has become a legitimate business and
profitable, the Indians have become civilized and industrious, and look forward to the
sealing season the same as our Eastern fishermen look forward to theirs. I'he change
in their habits and mode of living is most remarkable when compared with the savajje
state they lived in before the sealing business commenced. They 1 ave now comfortahle
clothing, good homes, and plenty to eat, all earned by their own industry. If our own
Indians can earn their own living and make money in this business, the natives of
Behring's Sea, emphned by the Sealing Comi)aiiy, can do the same, and do so, alt!ii)u_!,di
not so well paid as our Indians. The plea sit up by the /Xmcriean Government, "food ibr
the natives," we strongly protest aeaiiist, as a dodge on the part of the Government to
get the small end of the wedge in. Another question in regard to the matter.
Supposing there shoulil be a close season ? We have tifty vessels engaged in this busiiu'.s.>;,
employing about 2,000 men. halt of them being natives, and bringing in a revenue to those
emjdoyed sufficient to nuike them comtortalde, and support their families well : also the
supplies :e(piiretl for the vessels at'.ds largely to the revenue of the Domiiuon, and helps
to make up tlu' large amount of duty olleeted at Victoria. What will become of tin;
natives if this industry is closed. It ma\ ciist the Domiinon millions to provide foi' them
and keep them in order ; n\>» they are happy and contented, having comforts the same as
Whitemen. If de])rived of their living- by tlie closing of sealing, a man's life would not
be safe among them; also, what emplounent are we going to give our Whitemen, a
majority of them young men, that have taken u|) this business for their future living,
nearly all belonging to the Eastern provinces. It is too serious a matter to settle in
haste, especially for the future prosperity of Drilish Columbia and the Dominion generallv.
It not only gives employment to men on vessels, but has been the result of some ten m w
vessels being built liere last year, and a further increase provided no intericrenee is
allowed to closing the sea.
If the Americans are allowed their 7,500 seals, they will gain the main point tliev
have been seeking, while our vessels will be laid up to rot, and starvation to those
employed in the business. The seal is a migratory animal and does not belong to any
one nation. This outcry by the American Government of preserving seal-life is well
understood by us as meaning funds for Uncle Sam. Lit the Dominion of Canada have
a share. They have as much right as the other nations. If Canada will only protect
■ 03
her subjects in matters of this kind, and not allow Uncle S<am to take all the loaves and
fishes, she will be a prosperous country. Having laid the matter before you in rather a
rough manner, we kindly ask your earliest consideration in this matter, and would call
your attention to the facts stated, not prejudicially, but in u calm and dolibcrate manner,
i'tilly realizing our position to lie bankruptcy and ruin to all engaged, if carried out.
We therefore luinibly ask, on behalf of the sealers, that you will kindly use your
iiilluence to have the Arbitration Cominitt(!c allow tlio Scalers' Association to send two
competent men, se'icted by them, as rupre.seulatives on our behalf.
We have, &c.
(On behalf of the Sealers' Association),
(Signed) E. B. MARVIN and Co.
Inclosure 4 in No. 100.
Mr. Tapper to Messrs. Marvin and Co,
Gentlemen, Ottawa, June 13, 1891.
I liKG to acknowledge the receipt of your letter of the .Oth instant. I observe
(viiat you say touching the proposal that the lessees of the United States' Government
miiy, pending a close season, take 7,500 seals for food for the natives on the Pribyloft
Isianils, and your suggestion that abuses might follow the concession of such a privilege,
and tiic expression of your desire that, if a close season be adopted, it should be general
without any exception.
I have considered the arrangements which you advance in support of this contention.
I also note your views touciiing the jiropi sed compensation of Britisli citizens, who
may suffer from the enforcement of a close season, and have to inform you that I have
inclosed a copy of your communication to his Excellency the Governor-General, and
have requested his Excellency to cause your views to be communicated to the Imperial
authorities as soon as possible.
Yours, &c.
(Signed) CHARLES H. TUPPER.
iH,i
I f
Inclosure 5 in No. 100.
Draft of Despatch to Lord Stanley of Preston.*
My Lord, Downing Street, July , 1891.
I fLVVE the honour to acknowledge the receipt of your despatch of the 24th ultimo,
transmitting copy of an approved .Minute of the Privy t;ouncil, inclo.siiig copy of a letter
addressed to the Minister of Marine and Fisheries by the British Columbian Sealers'
Association, in which their objections to the Imperial Behring's Sea Seal Fishery Act
arc set forth.
With regard to the anticipations of the Association as to the loss likely to
be suffered by British subjects through the operation of the Act, I have already informed
your Lordship of the decision of Her Majesty's Government with regard to the payment
of compensation in such cases, and need only refer you to the communications which have
already passed on the subject.
The only other question raised in the letter from the Association which appears to
call for notice is their wish to be lieard before the Arbitration Commission.
As you are awaic, a Joint Commission of Experts has been appointed to examine all
questions connected with seal life and tiic fur-seal industry for submission to the
Arl)itrators, and I request that you will cause the Association to be informed that they
I should lay any statements they may wish to make before this Commission of ExpuM'ts in
the first instance, ami tliat, in the event of its being found neces-i'.rv to call evidence
before the Arbitrators in addition to that whicli «ill be presented by the Commission of
I Experts, Her Majesty's Government will not fail to bear their wishes in mind.
I have, &c.
■\ li
* This despatch was sent on July 16, 1891.
\\
64
■ No. 101.
The Marquis of Salisbury to Sir R. Morier.
Sir, Foreign Office, July 15, 1891.
I H.WE to acknowledge the receipt of your Excellency's despatch of the
9th instant, inclosinj? a copy of a note wiiich you liad addressed to the Russian Govlth-
ment on tlic Belirin{>'s Sea question, and to state that your action, as reported in that
despatch, is approved by Her Majesty's Government.
I am, Ike.
(Signed) SALISBURY,
No. 102.
Foreign Office to Colonial Office.
Sir, Foreign Office, July 15, 1891,
I AM directed by the Marquis of Salisbury to acknowledge the receipt of your
letter of the 14th instant, with its inclosures relating to the objections entertained
by the British Columbian Sealers' Association to the passing of "The Seal Fishery
(Behring's Sea) Act, IbOl."
I am to state, for Lord Knutsford's information, that Lord Salisbury concurs in the
reply which it is proposed to return to Lord Stanley of Preston's despatch on tliis
subject.
I am, &c.
(Signed) T. H. SANDERSON.
No. 103.
Sir G. Baden-Powell to the Marquis of Salisbury, — (Received July 16.)
My Lord, New York, July 5, 1891.
I HAVE the honour to inform your Lordship that I have this day transmitted to
you a telegraphic despatch, of which the following is a paraphrase : —
" I have the honour to inform your Lordsliip that I am of opinion that it is neces-
sary that I should take with mo in Behring'.s Sea, so as to avoid delay, the permit of the
Russian Government to visit their islands should occasion arise.
"I should be glad if this permit were forwarded to me — care of the Admiral,
Esquimau — if possible, by the mail leaving England on the 7th July."
I may add, in explanation of the above telegram, that as the Russian islands are as
much as 2,000 miles from civilized ports, I deemed it advisable to carry with me the
necessary permit in case I found it expedient to make inquiries on those islands in
accordance with clause 6 of year Lordship's letter of instructions.
I have, &c.
(Signed) GEORGE BADEN-POWELL.
No. 104. .
Sir R, Morier to the Marquis of Salisbury, — {Received July 17.)
(Telegraphic.) St, Pelersburgh, July 17, 1891.
1 EAVB been informed by the Under-Secretary of State for Foreign Affairs that
he felt certain that, .is soon as a decision had been come to by the three Ministries
interested in the (|uestion of the visit of our Commissioners to the Russian seal islands
in the Behring's Sea, tnlographic instructions would be sent to the Governor of I
Vladivostok to see that all facilities for the investigations required shall be accordeJ |
to them.
■ ■mi-ai-^-^-.i^^.-T^T'.
'11 .11" •.'.'•..i^ftl.'JBWII ••JM.'.
^^Tf 1
ILISBURY.
N-POWELL.
66
No. 106.
The Marquis of Salisbury to Sir R. Morier.
Sir, Foreign Office, July 17, 1891.
I HAVE received your Excellency's despatch of the 7th instant, inclosing
a note from the Russian Goveriinieiit on the siihject of llie Aj^rcemcnt whicii has
recently heen concluded between this country and tlie United States for preventing tiie
killing of seals during the present season in a certain specified portion of Behring's
Sea.
In the course of this note iM. de Giers alludes to the fiicL that the text of the
Agreement is not known to him otherwise than through the public press.
Copies of the Agreement in the form in which it was signed were forwarded to you
in my despatch of the 9th instant. I have to request your Excellency to com-
municate a copy to M. de Giers, and to state that, in order to guard against any possible
inaccuracies, Her Majesty's Government were awaiting the receipt of the signed original
from Her Majesty's Minister at Washington before instructing you to place its text in the
hands of the Russian Government.
With regard to the conditions on which M. de Giers states that Russia would be
willing to become a party to the Agreement, you are authorized to state that, although
Her Majesty's Government would be very willing to enter info an arrangement with
Russia and the United States to prohibit sealing during this season to the west as well
as to the east of the line of demarcation mentioned in the Agreement, they understand
that tiie United States' Government are unable to do so without fresh legislation, which
is not possible at this moment, as Congress is not in session. Any agreement of this
nature for the present season could therefore only be made by Russia and England alone,
and it would have the effect of leaving the western portion of Behring's Sea open to
United States' citizens, while closing it to Britisli and Russian subjects.
For this reason Her Majesty's Government do not thinlj that such an arrangement
as M. de Giers proposes would bt desirable, and they believe that his Excellency, on
consideration, will concur in their view.
I am, &c.
(Signed) SALISBURY.
No. lOG.
The Behring\f Sen Commissioners to the Marquis of Salisbury. — [Received July 20.)
My Lord, Ottawa, July 7, 1891.
WE have the honour to acknowledge the receipt of your Lordship's despatch
of the 24th June, informing us that the Queen has been graciously pleased to appoint us
to be her Commissioners for the purpose of inquiring into the conditions of seal life in
Behring's Sea and other parts of the Nortli Pacific Ocean, and inclosing Her Majesty's
Commission under the sign manunl to that effect.
We have carefully noted the several instructions contained in your Lordsliip's
despatch under reply, and trust that, acting under these instructions, we shall successfully
bring to a conclusion the matters intrusted to our charge.
Wc may add, that Mr. Ashley Froude commenced his duties as Secretary to the
Commission on the 'J5t\i June.
We have, &c.
(Signed) GEORGE BADEN-POWELL.
GEORGE M. DAWSON.
No. 107.
The Behring's Sea Commissioners lo the Marquis of Salisbury. — (Received July 20.)
My Lord, Ottawa, July 7, 1891.
AS your Lordship has been already informed by a telegram from Queenslown, dated
llie 28th June, your Lordship's despatch of the i'7th June, stealing that formal permission
to visit the Pribyloff Islands will be handed to us by the United States' authorities, has
teen duly received.
[572J K
rnpT
y.;i
M
! 1
f li
r ;i'
■■'•'11
66
AVc have also to report that Mr. Consul Eraser handed to us at New York, on tliu
6th instant, a letter from the 'rreusiuy Department at Washington, of wliicli a copy in
inclosed, for your Lordship's information, empowering us to visit the PribylofI Islands lor
the purposes of our missiun,
We have, &c.
(Signed) (JKt)UUK BADIiN-POWEf,!,
GEOHGE M. DAWSON.
Inclosurc in No. 107.
Mr, ISpuuldhnj to Mr, fVilliams.
Sir, Treasury Department, iVasliinijton, June 25, 1891.
THE 4tii section of tlie modus vivendi respecting the fur-seal fisheries in Ik-hrini^s
Sea, concluded on the LOth instant, provides as follows; —
"In order to facilitate such proper intpiiries as Her Majesty's Government may
desire to make witli a view to tiie presentation of tlie case of that (loverninent beiorc
Arbitrators, and in expectation that an ngreement for arbitration may be arrived at, it is
agreed that suitable persons designated \>y Great Britain will be ))crmitted at any time,
upon application, to visit or to remain upon the seal islands diu'ing the present sealing
season for that purpose."
As it appears from a communication, dated the L'.ird instant, from the Honourable
the Secretary of State, that Sir George liailen-l'owcll, M.P., and Professor Godigc
Mercer Dawson have been appointed Commissioners on behalf of Her IJiitannic Majesty
to proceed to the Pribylotf Islands for the purpose of examining into the fur-siul
fisheries in Beliring's Sea, and that the British Minister at this capital has requested tiiat
the necessary permission may be granted to the above-named gentlemen to visit and
remain on the islands during the current fishing season, you are directed to afford Sir
George Baden-Powell, M.P., and Professor George Mercer Dawson every facility to
enable them to accomplish the object of their mission.
I am, &c.
(Signed) 0. L, HPAVLDISG, Acting Secretary.
No. 108.
Colonial Office to Foreign Office. — {Received .July J2.)
Sir, Downing Street, July 21, 1891.
1 AM directed by the Secretary of State fur the Colonies to transmit to you, for the
information of the Marquis of Salisbury, a copy of a despatch from the Governor-
General of Canada, reporting the publication of the Agreement between Her Majesty's
Government and the Government of the United States for a modus vivendi in relation to
the fur-seal fisheries in Behring's Sea.
I am, &c.
(Signed) ROBERT G. W. HERBERT.
Inclosure 1 in No. 108.
Lord Stanliy of Preston to Lord Knutsford.
My Lord, Government House, Ottawa, June 26, 1891.
I HAYl'j the honour to inclose herewith a copy of an approved Minute of the Pri\y
Council, authorizing the issue of a Proclamation giving publicity to the Agrecnuiit
between Her Majesty's Government and that of the United States of the 15th instant
for a modus vivendi in relation to the fur-seal fisheries in Eehring's Sea.
1 have, &c.
(Signed) STANLEY OF PRESTON.
07
HERBERT.
Inclosure 2 in No. 108.
Ueport of a Commitlee of the Honourable the Privy Council for Canada, approved by Mi
Excellency the Governor-General in Council, on the \dth June, 1891.
THE Committee of the Privy Council for Canada, on the recommendation of the
MiiiiHtcr of Marino and Fi.shorics, advise that your Excellency do cause a Proclamation
to issue fj;'v'"n publicity t(i the Af;reement hetwcei. the Impcrinl Government and that
(il thr United States of tlu! lotli June instant for a modus vivendi in relation to the fur-
aeal tisherics in Jichrinj^'s Sea.
(Signed) JOHN J. McGEB,
Clerk of the Privy Council.
Inclosure 3 in No. 108.
Extract from the " Canada Gazette" of June 20, 1891.
(L.S.)
Proclamation.
Stanley of Preston.
Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland
Queen, Defender of the Faith, &c.
To all to whom these presents shall come, or whom the same may in any wise
concern, greeting.
A Proclamation,
(Signed) Jno. S. 1). Tiiomtson,
Allorncy-General, Canada,
WHEREAS an Agreement for a mof/ws rivrndi between our Government and the
Government of the United States in relation to the fur-seal fHlicries in Bchring's Sea
was concluded on the 15th day of June, in the year of our Lord 18yl, on the following
terms, that is to say : —
"Agreement between the Government of Her Britannic Majesty and the Gov
the United States for a Modus Vivendi hi rclntlon to the Fur-seal I
Behi'ing's Sea.
ernment of
Fisheries in
'• For the purpose of avoiding irritating dilFerences, and with a view to promote the
friendly settlement of the (piestions pending between the two Governments touching
tlieir respective rights in Bchring's Sea, and for the i)reservntion of the seal species, the
following Agreement is made without prejudice to the rights or claims of either
party :—
" 1. Her Majesty's Government will prohil)it, until May next, seal-killing in that
part of Bchring's Sea lying eastward of tiie line of demarcation described in Article I
of the Treaty of 1867 between the United States and Russia, and will promptly use its
best efforts to insure the observance of this prohibition by Brilisii subjects and vessels.
" 2. The United States' Government will prohibit seal-killing for the same period
in the same part of Bchring's Sea, and on the shores and islands thereof, the property of
the United States (in excess of 7,000 to be taken on the islands for the subsistence and
care of the natives), and will promptly use its best efforts to insure the observance of
this proliibili • 1>,> United States' citizens and vessels.
"3. Every v<..<.--el or person 'oflending against this prohibition in tlie said waters of
Bchring's Si r;, outs de of the ordinary territorial limits of the United States, may be
seized and d^ t'l.neti by the naval or other duly commissioned officers of either of the
High Contrac. n'.: Parties, but they shall be handed over as soon as practicable to the
authorities of lijc nation to which they respectively belong, who shall alone have
jurisdiction to try the offence and impose the penalties for the same. The witnesses and
proofs necessary to establish the offence shall also be sent with them.
[572]
K 2
I l.
1
I 1
l^ ■ !■
,<s.^1>
IMAGE EVALUATION
TEST TARGET (MT-3)
1.
^
1.0
I.I
Ui ^ |2.2
«« 140 Hill 2.0
I
I
1.8
1.25 il.4
'/]
<?>
A
HiotDgrapliic
Sciences
Corporation
'^%
<!^.^
■ifl WEST MAIN STRHT
W^BSTH.N.Y. MSIO
(716)t72-4503
i^r
%•
68 . .
" 4. In order to facilitate such proper inquiries as Her Majesty's Oovenitnent may
desire to make, with a view to the presentation of the Case of that Goverr.raent before
Arbitrators, and in expectation that an agreement for arbitration may be artived at, it is
agreed that suitable persons designated by Great Britain will be permitted at any time,
upon application, to visit or tu remain upon the seal islands during the present sealing
season for that purpose.
" Signed and sealed in duplicate at Washington, this 15th day of June, 1891, on
behalf of their respective Governments, by Sir Julian Pauncefote, G.C.M.G., K.C.B.,
Her Britannic Majesty's Knvoy Extraordinary and Minister Plenipotentiary, and
William F. Wharton, Acting Secretary of State of the United States.
(Signed) "Julian Pauncefote.
(Seal.)
" William F. Wharton."
(Seal.)
Now know ye, that we have by this our Royal Proclamation caused the said
Agreement to be made public, to the end that the same and every part thereof may be
observed and fulfilled with good faith by all our loving subjects.
Of all which our loving subjects and all others whom these presents may concern
arc hereby required to take notice, and to govern themselves accordingly.
In testimony whereof we have caused these our Letters to be made Patent, and the
Great Seal of Canada to be hereunto affixed. Witness, our right trusty and welUbelovud
the Right Honourable Sir Fredericii Arthur Stanley, Baron Stanley of Preston, in tiie
county of Lancaster, in the Peerage of the United Kingdom, Knight Grand Crost; of
our Most Honourable Order of the Bath, Governor-General of Canada.
At our Government House, in our city of Ottawa, this 19th day of June, in the year
of our Lord 189), and in the fifty-fourth year of our reign.
By command,
(Signed) J. A. CHAPLEAU,
Secretary of State.
No. 109.
The Behring's Sea Commissioners to the Marquis of Salisbury. — (Received July 23.)
My Lord, Ottawa, July 9, 1891.
WE have the honour to request that your Lordship will be good enough to move
the Japanese Government to supply us with information on the following points : —
1. Records of fur seal-skins brought to Japan for any years in the present century.
2. Localities where seal-skins arc taken.
3. Whether taken at sea or on shore.
4. Details of any known breeding places.
6. Whether, ond' if so what. Regulations are in force on breeding grounds.
6. List of vessels fitted out in Japan for fur-seal fishery in this and past seasons,
and from what ports
7. Whether seal fishery has increased or decreased in recent years, with causes of
such increase or decrease.
8. Any other information concerning Japanese seal fisheries, especially documentary
evidence.
We would venture to suggest to your Lordship that the Japanese Government
should be requested to send such information on the above points as they may be able to
procure direct to us, care of the Postmaster, Victoria, British Columbia.
(Signed) ' GEORGE BADEN-POWELL.
GEORGE M. DAWSON.
P.8. — 1 have ventured to send a copy of this despatch, privately, to Mr. de Bunsen
(Legation, Japan) to-day, in order to save valuable time.
G. B-P.
f""--" -■■ '■- "-" •" '-
le, in the year
No. no.
Sir J, Pauncefote to the Marquis of Salisbury. — (Received July 23.)
My Lord, Washitigton, July 14, 1891.
IMMEDIATELY on the receipt of your Lordship's telegram of the 13th instant,
respecting the proposed compensation clause in the Behring's Sea Arbitration Agree-
ment, I addressed a note on the subject to the Acting Secretary of State, of which 1 have
the honour to inclose a copy.
I iiftVfi £cc
(Signed) ' JULIAN PAUNCEFOTE.
Incloaure in No. 110.
Sir J. Pauncefote to Mr. Wharton.
Sir, Washington, July 13, 1891.
SINGE the receipt of your note of the 25th ultimo, of which I transmitted a copy
to the Marquis of Salisbury, I have been in telegraphic communicntion with his Lordship
respecting the two clauses (6 and 7) which, by direction of the President, yoii have
proposed for adoption in the Behring's Sea Arbitration Convention, and also respecting
the form of agreement for carrying out the arrangement for the npixiintment of a Joint
Commission to inquire into the conditions of seal life in Beliring's Sea.
I desire at present to confine myself to the clause proposed in your note which deals
with the question of compensation, namely, clause 7.
It is the only one which appears to me to niise any serious dilflculty, and I trust
that, after considering the following observations, and with a view to ex| editing the
conclusion of this negotiation, the President will not object to the substitution of a clause
in the form which I shall presently have the honour to submit. Her Majesty's Govern-
ment have no desire to exclude from the consideration of the Arbitrators any claim of
compensation in relation to the Behring's Sea fisheries which the United States' Govern-
ment may believe themselves entitled to prefer consistently with the recognized
principles of international law. But they are of opinion that it is inexpedient, in a case
involving such important issues and presenting such novel features, to prejudge, as it
were, the question of liability by declaring that compensation shall be awarded on a
hypothetical state of facts. Her Majesty's Government consider that any legal liability
arising out of the facts as proved and established at the arbitration should be as much a
question for argument and decision as the facts themselves ; and, in order that this should
be made quite clear, and that both Governments should be placed, in that respect, on the
same footing, I am authorized by Lord Salisbury to submit the following clause in
substitution for the 7th clause proposed by the President : —
" 7. Either Government may submit to the Arbitrators any claim for compensation
which it may desire to prefer against the other Government in respect of any losses
or injuries in relation to the fur-seal fishery in Behring's Sea, for which such other
Government may be legally liable.
"The Arbitrators shall decide on the legality of every such claim, and, if it shall bo
established, they may award such compensation as in their judgr^ent shall seem
equitable."
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 111.
Sir J, Pauncefote to the Marquis of Salisbury. — {Received July 23.)
(Telegraphic.) Washinylon, July 29, 1891.
WrrH reference to my despatch of the 14th instant, on the subject of the Behring's
Sea compensation clause, I have the honour to state that after long discussions, in the
course of which I have insisted on the principle contended for in my above-mentioned
despatch, I have to-day received a note from the United States' Government which is
to tne following effect : —
[See Inclosure in Sir J. Pauncefote's despatch of the 24th July, 1891 :
Inclosure in No. lie*, infra.]
it
'■\
n M
► r; . I "
-I-
70
No. 113.
The Marquis of Salisbury to Mr. Fraser.
(Telegraphic.) Foreign Office, July 24, 1891.
THE following is urgent: —
The British Commissioners in Bchring's Sea are anxious to receive information ou
the follow iiig points : —
fScc despatch from Behring's Sea Commissioners of the Oth July, 1891 :
No. 109.]
You Hhould forward any information you can obtain to the Bchring's Sei Commis.
Hioiiers, addressed to the care of the Postmaster, Victoria, British Columbia, with as
little delay as possible.
No. 114.
Sir R. Morier to the Marquis of Salisbury. — (Received July 27.)
My Lord, St. Petersburgh, July 22, 1891.
I HAVE this day received your Lordship's despatch of the 17th instant, in reference
to the Fur-seal question and the Bchring's Sea, and have addressed to M. tie Giers the
niite of which I nave the honour to inclose a copy herewith.
I have, &c.
(Signed) R. B. D. MORIER.
Inclosurc in No, 114.
Sir li. Morier to M. de Giers.
M. Ic Minislrc, St. Petersburgh, July 10 (22), 1891.
1 HAVE not failed (o transmit to Her Majesty's Principal Secretary of State for
Foreign Affairs the note which your Excellency did me tiie honour to address to me on
the 14th (2Gth) June last, with reference to the Bchring's Sea Agreement concluded
between Her Majesty's Government and that of the United States.
With reference to the conditions on which your Excellency states that Russia would
be willing to become a party to this Agreement, I am instructed to inform you that,
although Her Majesty's Government would be very willing to enter into an arrangen cnt
with Russia and the United States to prohibit sealing, during this season, to the west as
well as to the east of the line "f demarcation mentioned in the Agreement, they
underHtniid that the United States' Government are unable to do so without fresh
legislation, which is not possible at this moment, as Congress is not in session.
Any Agreement of tl:is nature for the present season could, therefore, only be
made by Russia and Knglnnd alone, and it would have the effect of leaving the western
portion of neliring's Sen open to United States' citizens while closing it to British and
Russian subjects. _..,^]
For this reason Her Majesty's Government do not think that such an arrangement
would be desirable, and they believe that your Excellency, on consideration, will concur
in their view.
I avail, &c.
(Signed) R. B. D. MOBIER.
24, 1891.
rormatiun ou
.891:
, ; No. 115.
The Marquis of Salisbury to Sir J. Paunce/ote,
Sir, Foreign Office, July 27, 1891.
I HAVE received your despatch of the I4th instant, inclosing copy of your note
to the United Statos' Government respecting the compensation clause to be in.scrted in
the proposed Agreement for arbitration on the Behring's Sea question.
The terms of your note are approved by Her Majesty's Government.
I am, &c.
(Signed) SALISBURY.
■'■I V,
Sea Commis-
nbia, with as
)
!y 22, 1891.
it, in reference
.. lie Gicrs the
MORIER.
(22), 1891.
of State for
rcss to me on
cnt concluded
Russia would
form you that,
arrangcn cnt
to the west as
reement, they
without fresh
on.
ore, only be
ig the western
to Britisli and
arrangement
)n, will concur
, MORIER.
No. 116.
Mr. Howard to the Marquis of Salisbury. — {Received July 29.)
(Telegraphic ) St. Petersburgh, July 29, 1891.
WITH reference to Sir Robert Morier's telegram of the 17th instant respecting
the visit of the British Commission to the Russian seal-fisheries, I have thu honour to
state that I have received a note from the Russian Government giving them the
necessary permission and stating that instructions had been sent to the Governor-
General of the Amoor Province to facilitate the object of their mission.
No. 117.
The Marquis of Salisbury to Mr. Howai d.
Sir,
Foreign Office, July 31, 1891.
I HAVE received your telegram of the 29th instant, reporting that the Russian
Government have authorized the British Commissioners in Behring's Sea to visit the
RusHian seal fisheries, and that the Governor-General at Amoor has been requested
to afibrd them every facility.
I have to request you to convey to the Russian Government the thanks of Her
Majesty's Government for their action in this matter.
I am, &c.
(Signed) SALISBURY.
No. 118.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received August 3.)
My Lord, Washington, July 24, 1891.
IN my despatch of the 14th instant I had the honour to transmit to your
Lordship a copy of the note of the 13th which I addressed to the United States'
Government, submitting the new clause in the Arbitration Agreement which I had been
authorized by your Lordship to propose on the subject of damages. I have had several
discussions at the State Department, in the course of which I have strongly contended for
the principle that the validity of any claim put forward by either party should be left to
the decision of the Arbitrators.
This I consider a most important point, for it is highly improbable that the United
States' Government should succeed in establishing their claim to an exclusive right of
fishery on the high seas, except under a new rule of international law, based on excep-
tional circumstances, and which the Arbitrators may lay down as applicable to the
present case. If so, it would seem inequitable that Great Britain should pay dnmngcs
for the infraction of an ex post facto rule of law. Moreover, a claim of damages for
injury caused to the property of the Unhed States in the seal islands alleged to have
been caused by pelagic sealing may be open to objection on the ground of its remott^ne.ss
and of the impracticability of fixing any correct measure of compensation.
I have felt much anxiety lest the President should persist in the endeavour to obtain
a previous admission of liability on the part of Her Majesty's Government in a cuii<a
i.^
; , .•■ il
■■
72
involving (as I stated in my note to the United States' Qovernment) such important
issues and presenting such novel features.
It was not until yesterday that I received the official reply of the United States'
Government to my note of the 13th instant, of which i telegraphed the substance to
your Lordship.
I have tlio honour to inclose a copy of that reply, from which your Lordship will
perceive that tlie President, wliilo maintaining that the United States would be justifud
in insisting tiiat Her Majesty's Government should admit responsibility in certain event-;,
is willing to waive that point, and to modify his proposals with a view to remove wliat
seems to lie the last point of ditferencc in this protracted discussion.
The President urges that tho clause should contain a statement in general terms of
the claims which each Government deeires to prefer, and, in his reply, he proposes a ulh
form in which the claims are so stated and left for the decision of the Arbitrators, thus
conceding the principle for which 1 have contended.
The statement of the British claim in this new clause appears to me to be too
restrictive, as it would seem to exclude losses and injuries arising from interference with
our vessels as distinguished from actual seizures, and takes no account of the personal
claims of the British subjects imprisoned and otherwise damnified in the proceedings
resulting from those seizures.
J do not apprehend that the United Statos' Government will object to our claim
being stated in our own terms ; and, subject to that modification, I venture to think that
the clause now proposed by the President will be acceptable to Her Majesty's Govern-
ment, and will practically bring this long negotiation to a satisfactory termination.
I have, &c.
(Signed) .JULIAN PAUNCEFOTE.
Inclosure in No. 118.
i
J/r. Wharton to Sir J. Pauncefote.
Sir, Washington, July 23, 1891.
THE President directs me to say, in response to your note of the 13th instant,
that he noticed with pleasure the good progress towards a full agreement upon the
terms of arbitration indicated by your statement that only the 7th clause, as proposed
by this Government, appears to you " to raise any serious difficulty."
That clause was thus stated in my note of the 25th June : —
" It shall be competent to the Arbitrators to award such compensation as, in their
judgment, shall seem equitable, to the subjects or citizens of Grsat Britain whose vessels
may have been seized by the United States in the Behring's Sea, if such seizures shall
be found by the Arbitrators to have been unwarranted ; and it shall also be competent
to the Arbitrators to award to the United States such compensation as, in their judg.
mcnt, !<hall seem equitable for any injuries resulting to the United States, or to the
lessees from tha*. Government of the privilege of taking seals on the Pribyloff Islands,
by reason of the killing of seals in the Behring's Sea by persons acting under the
protection of the British flog, outside of the ordinary territorial limits, and since the
1st day of .January, 1886, if such killing shall be found to have been an infraction of
the rigl'.ts of the United States."
The objection you make to this clause is thus stated by you : —
" Her Majesty's Government have no desire to exclude from the consideration of
the Arbitrators nny claim of compcn.sation in relation to the Behiing's Sea fisheries
which the United Spates' Government may consider themselves entitled to prefer
consistently with the recognized principles of international law ; but thej are of opinion
that it is inexpedient, in a case involving such important issues, and presenting such
novel features, to prejudge, as it were, the question of liability by declaring that
compeni»alion shall be awarded on a hypothetical state of facts. Her Majesty's Govern-
ment consider that any legal liability arising out of the facts as proved and established
at the arbitration should be as much a question for argument and decision as the farts
themselves, and in order that this should be made quite clear, and that both Govern-
ments should be placed in that respect on the same footing," &c.
The President was not prepared to anticipate this objection, in view of the fact
that Lord Salisbury, in his note of the 21st February last, had asked a specific submis-
sion to the Arbitrators of the British claim for seizures made in the Behring's Sea. His
language, which was quoted in my note of the 26th June, was as follows : —
7»
11
eral terms of
" There is one omission in these questions which I have no doubt the GoTernment
of the President will be very glad to repair, and that is the reference to the Arbitrator
of the question, What damages are due to the persons who have been injured, in case it
shall be determined by him that the action of the United States in seizing British
vessels has been without warrant in international law P"
This could only be understood as u suggestion that the claims of the respective
Governments should he stated and given a specific reference. And so, in the 7th clause
proposed, the claim of Great Britain for seizures made is defined and referred in
terms so correspondent to the request of Lord Salisbury that it cannot be supposed
objection would have been made to it if it had stood alone. But a particular statement
of the British claim for compensation certainly made proper, and even necessary, a like
statement of the claims of the United States, and the President is not able to see that
the reference proposed was in any respect unequal. If it should be found by the
Arbitrators that the United States had without right seized British vessels in the
Behring's Sea, the Arbitrators were authorized to give compensation ; and if, on the
other hand, these and other British vessels were found to have visited that sea, and to
have killed seals therein in violation of the rights of the United States and to the injury
of its property interest, the Arbitrators weie authorized to give compensation. One is
not more subject to the objection that it presents a hypothetical state of facts than the
other, and both submit the question of the lawfulness or unlawfulness of the acts
complained of.
The President believes that Her Majesty's Government may justly he held
responsible under the attendant circumstances for iiguries done to the jurisdictional or
property rights of the United States by the sealing-vessels flying the British flag, at
least since the date when the right of these vessels to invade the Behring's Sea and to
pursue therein the business of pelagic sealing was made the subject of diplon.atic
intervention by Lord Salisbury. In his opinion, justice requires that Her ISlajesty's
Government should respond for the injuries done by those vessels, if their acts arc found
to have been wrongful, as fully as if each had borne a commission from that Government
to do the acts complained of. The presence of the master, or even of a third person,
under circumstances calculated and intended to give encouragement, creates a liability
for trespass at the common law, and much more if his presence is accompanied with
declarations of right, protests against the defence which the owner is endeavouring to
make, and a declared purpose to aid the trespassers if they are resisted. The justice of
this rule is so apparent that it is not seen how in the less technical Tribunal of an
international arbitration it could be held to be inapplicable.
The United States might well insist that Her Majesty's Government should admit
responsibility for the acts of the Canadian sealers which it has so directly encouraged
and promoted, precisely as in the proposal the United States admits responsibility for
the acts of its revenun vessels. But with a view to remove what seems tj be tiie last
point of difference in a discussion which has been very much protracted, the President is
willing to modify his proposal, and directs me to offer the following : —
" The Government of Great Britain having presented the claims of its subjects for
compensation for the seizure of their vessels by the United States in Behring's E.?a, and
the Government of the United States having presented on its own behalf, as well as of
the lessees of the privilege of taking seals on the Pribyloff Islands, claims for
compensation by reason of the killing of seals in the Behring's Sea by persons acting
under the protection of the British flag, the Arbitrators shall consider and decide upon
such claims in accordance with justice and equity and the respective rights of the High
Contracting Parties, and it shall be competent for the Arbitrators to award such
compensation as in their judgment shall seem equitable."
The President thinks that a particular statement of the claims of the respective
Governments is more likely to lead to a satisfactory result than the general reference
proposed by you. It is believed that the form of reference now ^proposed by him removes
the objections urged by you to his former proposal.
I have, &c.
(Signed) W. F. WHARTON,
Acting Secretary.
'\
u-
I'M
■1;^:
■i .h\
im
liB^"Hi
HH
74
No. 119.
Mr. Howard to the Mnrquit of Salisbury.— (Received Augvit 3.)
My Lord, St. Petersburyh, July 29, 1891.
WITH reference to my telegram of this day's dnte, I have the honour to transmit
herewith to your Lordship a copy of a note of the ICth (i'8th) instant from M. de Giers
to Sir Robert Morier, acquainting Her Majesty's Ambassador that Sir George Baden*
Powell and Professor Dawson arc authorized to visit the Russian fisheries in the Behring's
Sea, and statins that Baron Korff, Governor-General of the A moor Province, has been
informed of this fact, and bos been requested to facilitate, as much as possible, the object
of the mission of the above-named Commissioners.
I have, &c.
(Signed) HENRf HOWARD.
Inclosore in No. 119.
M. de Giers to Sir R. Morier.
M. I'Ambassadeur, Saint-Pe'tersbourg, le 16 (28) Juillet, 1891.
EN r^ponse a la note de rotrc Excellence en date du 27 Juin (U Juillet), je
m'cmpresse de I'informer que Sir George Powell et le Professeur Dawson sont autoris^s
k visiter nos p6cherics d'otaries dans la Mer de Behring.
Je n'ai pas manquc' de porter cettc autorisation h la connaissance du Gouvemenr-
General de la Province de I'Amour, Baron Kortf', en I'engageant h faciliter, autant que
possible, nux snvants susmentionnes, I'accomplissemcnt de leur t&che.
Yeuillez, Stc.
(Sign6) OIERS.
(Translation.)
M. I'Ambassadeur, St. Petersburgh, July 16 (28), 1891.
IN reply to your Excellency's note of the 27th June (9th July), I hasten to inform
you that Sir G. Powell and Professor Dawson have been authorized to visit our seal
fisheries in Behring's Sea.
I have not failed to inform Baron Korff, the Governor-General of the Province of
the Anioor, of this authorization, and to request him to assist the above-mentioned
gentlemen as far as possible in the accomplishment of their task.
I avail, &c.
(Signed) GIERS.
No. 120.
Colonial Office to Foreign Office. — {Received Avgust 3.)
Sir,
Downing Street, August 1, 1891.
WITH reference to your letter of the 9th May last, forwarding copies of a com-
munication from Mr. C. Hawkins respecting the seal fishery in the Nortr; Pacific, I am
directed by Lord Knutsford to transmit to you, for the information of the Marquis of
Salisbury, copy of a despatch from the Governor-General of Canada, inclosing copy of a
Minute of the Privy Council on the subject of Mr. Hawkins' statements.
I am, &c.
(Signed) JOHN BRAM8T0N.
Inclosure 1 in No. 120.
Lord Stanley of Preston to Lord Knutsford.
My Lord, Cascapedia River, New RichmoTul, P.Q., July 3, 1891.
WrrH reference to your Lordship's despatch of the 20th May last, transmitting i
copy of a letter from Mr. Hawkins on the subject of the seal fishery in Behring's Sea,
J. have the honour to forward herewith • copy of an approved Minute of the Privy
76
Council, ambodying • Bcport of tbe Miniater of lUrine and Fialieries tloaliog (vith Ute
question.
I bavo, &c.
(Signed) STANLEY OF PKBSTON.
ice, hns been
lAMSTON.
Incloaure 2 in No. 120.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency the
Oovcmor-Oeneral in Council on the 27th June, 1891.
THE Committee of the Privy Council have had under consideration certain papers
from the Colonial Office on the suhject of tiie seal fishery in Behring's Sea.
The Minister of Marine :ind Fisheries, to whom the matter was referred, observes
that Mr. Hawkins states "since .Tlmut t'.u; year ISHj we have received in tiiis country
(England) large numbers of senl-skins, known in the trade as the nortli-west const skins,
the same having been taken in the open sea, and. from appi'arantos tiint iire unmis-
takable to the initiated, are exclusively the skins of female scnls prc;!:nnnt ; these arc all
shot, and I have been informed that for every skin recovered five or six are lost through
sinking when struck by the shot "
The Minister furtiicr observes, in view of tlie numerous reports in which evidence of
practical hunters nnd of other well-qualified authorities was .submitted, refuting state-
ments similar to the assertion made in the letter under review touching the percentage of
seals struck and secured by the sealers, it would seem that no necessity exists for a
reiteration of the evidence embodied in the Minute of Council approved by your
Excellency on the 4th November, 1889.
The Minister, regarding the statement contained in Mr. Hawkins' communication as
to what he terms the " north-west coast .skins,"' would advert to the contention of the
Canadian Government to the eifcct that real danger to seal life is to be found in the
operations upon the hauling-grounds and rookeries increased by the catch of seals when
slowly moving along or sojourning on the north-west coast of America, the females being
then un(iuesti(mably in pup, before the ultimate swift and direct journey to tiie rookeries
has begun. These seals are the first taken by the sealing fleet on their way to the
Bebring's Sea, and are distinguished by the sealers as the "coast catch," and by
Mr. Hawkins as the " north-west coast skins."
The Minister submits that the testimony produced by Mr. Hawkins in this con.
nection is quite in accord with the information hitherto obtained, and is most valuable in
support of the contention of Canada. It has been previously pointed out that although
great stress had been placed by the United States' Government on the alleged necessity
for prohibiting pelagic sealing in the Bebring's Sea, yet no attempt had ever been made
by that Government for an arrangement to curtail similar operations along the coast
previous to the entry of seals into that sea.
In an attempt to vindicate the methods of the lessees of the seal islands,
Mr. Hawkins proceeds: "We, on the other hand, during my experience have had
annually large numbers of seal-skins frjm Alaska, and also from tlie Copper Islands,
which are killed by being clubbed on i.ind, and are selected with judgment, being the
the skins of young male seals : the older fighting or breeding males are spared."
This is another presentation of tlie case of the United States' Govcriiment for the
|irohibiling of every otlier character of sealing but that adopted by tlie lessees, so
frequently combated by your E.vcellencys advisers. While the Minister ot Marine and
Fifiberics does not deem it necessary to dwell at any length upon tlie point, he would, in
passing, invite attention to the fact that notwithstanding this statement, the United
States' Treasury agents now assert the contrary, and the Government ef the United
states appear to be acting on the Reports of their Agenta.
The Minister further observes that a Minute of Council dated the (iih June, 1891,
dealt at considerable length with this subject, and it included the Annual Report (1890)
of Special Agent C. J. Goff, in which an alurming state of aiiairs at the rookeries was
revealed, due, it was stated, to the indiscriminate slaughter of seals and improvident
operations of the lessees. In the opinion of the Agent and his assistants it had become
necessary to enforce a total prohibition of the killing of seals for an indefinite period.
The Minister submits that whatever significance Mr. Hawkins' statement may huft
upon the abstract question ot the protection of seal life in the Pacific waters, it cm have
bttt lUtle, if any, on the controversy between Great Britain and the United States, 40
[572] L 2
li:,-.
the eril complained of, ercn if as great as alleged, occnra ontside the dispated area, or
he himself implicH in his reference to the " north-west coast skins."
Tiio Committee, on the recommendation of the Minister of Marine and Fisheries,
advise that your Kxcellency be moved to forward a copy of tiiis Minute to the Ili<;bt
Uonourablc the Principal Secretary of State fur the Colonies, for the information uf Uer
Majesty's Government.
All which is respectfully submitted fur your Excellency's approval.
(Signed) JOHN J. McQEB,
Clerk, Privy Council.
No. 121.
The Behriny'n Sea Commiaaionera to the Marquia of Saliabury. — {Received Aur/uat 3.)
Steam^ahip " Danube," at Victoria, Britieh Columbia,
My Lord, July 1(5, 1891.
WE have the honour to report tlint n-c met at Ottnwn on tlie Gth instant, and un
the f>ame evening consulted with the Premier of Canada, Mr. Abbott, and the Minister
of Marine, Mr. Tupper, on the subject of our mission.
The Governor-Gcncial was absent from Ottawa, but kindly placed Government
House at our disposal.
We spent the 7th, Stli, and Otii July in Ottawa in consultation with Ministers and in
collecting information and evidence.
On the evening of the Dth instant we left Ottawa by troin direct for Vancouver,
where we arrived on the 15th instant, and found the chartered steam>ship "Danube"
awaiting us at the wharf according to our instructions.
Admiral Hotham, C.B., bad crossed from Esquimalt to meet us, and informed us as
to the very complete arrangements he had made for Her Majesty s ships in Bchring's Sea
to assist us in every way.
Shortly after our arrival a deputation, headed by Mr. Oppenheimer, Mayor of
Vancouver, waited upon us on behalf of the sealing-vesscl owners in the city, with whom
w e bad a most satisractory conference.
We left Vancouver nt r.M.,and arrived nt Victoria this day at 1 A.M. At 10 a.m.
we received, as by previous arrangement, an important deputation of the Roard of Trade
and Sealers' Association, who gave us most valuable information, and willingly promised
to procure more on certain points pending our return. We have also consulted other
authorities in Victoria, and completed the equipment of the " Danube."
We leave the port this evening bound for the Pribyloff Islands.
We have, &c.
(Signed) GEORGE BADEN-POWELL.
GEORGE M. DAWSON.
No. 122.
The Marquia of Saliabury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, Auguat 12, 1891.
I HAVE received your despatch of the 24th ultimo.
The modification of the 7th Article of the Arbitration Agreement proposed by the
President of the United States, and communicated in Mr. Wharton's note to you of the
28rd ultimo, contains the following words : —
"The Government of the United States having presented on Us own behalf, as well
as of the lessees of the privilege of taking seals on the Pribyloff Islands, claims for
compensation by reason of the killing of seals in Bebring's Sea by persons acting under
the protection of the British flag, the Arbitrators shall consider and decide upon such
claims "
These words involve the doctrine that Her Majesty's Government are liable to make
good losses resulting from the wrongful action of persons sailing outside their jurisdiction
under the British flag.
It would be impossible for Her Majesty's Government to accept such a doctrine
even at the bands of an Arbitrator. Nor can they admit that, by having asserted
n
diplomaticallj the right of nity peraons to do that which an Arbitrator rabsequentlj
decides such pcrHoiig cannot do, tlicy arc mndo liable in damages.
This 7th Article, which dcalH with the question of compeiiHation, is therefore likelj to
give occasion for lengthy negotiations, and the question arises whether it would not be
better, if the Government of the United States will agree to such a course, to sign the
other six Articles as to which an agreement has been ar ived at, and to proceed with the
trbitration, leaving the 7th Article to be treated separately P
No. 128.
The Marquis of Salitbury to Sir J. Pauneefote.
(Telegraphic.) Foreign Office, August 22, 1891.
I AM of opinion that it will be better for you to clearly recapitulate the grounds,
as set forth in the telegram from this Office of the 12th instant, on which Her
Mnjcsty's Government cannot agree to the wording of the 7th Article proposed by
the PrcHident, and that, in lieu of it, you should propose one somewhat as followH : —
" Either of the two Governments may submit to the Arbitrators any question of
fact which it may wish to put before them in reference to the claims for compensation
trhich it believes itself or its nationals to possess against the other.
"The question whether or not, and to what extent, those facts, as determined by
the Arbitrators, and taken in connection with their decision upon the other questions
submitted to them, render such claims valid according to the principles of international
lin-, shall be a matter of su1)se(|UL>nt negotiation, and may, if the two Powers agree, be
I rcfi-rred in whole or in ytatt to the Arbitrators."
This is not to be taken as a definitive wording, and the proposal should be so made
I u to leave cither side free to amend it.
No. 123».
Sir O. Baden-Powell to the Marquis of Salisbury. — {Received August 23.)
I (Telegraphic.) Seal Island, August 5, 1891.
HAVE ascertained that this year's take of seals is already considerably in excess of
1 7,500. On the assumption that the limitation of catch begins only from the date of the
signature of the modus vivemli, the United States' Agent continues to kill the seals. I
I am posting despatch on this subject.
No. 124.
Sir J. Pauneefote to the Marquis of Salisburif. — {Received August 23.)
I (Telegraphic.) Netcport, August 2S, 1891.
WITH reference to your Lordship's telegram of yesterday respecting the clause in
I the Behring's Sea Agreement on the question of damages, I have the honour to inform
Ijour Lordship that I am writing an unofficial letter, marked Private, to the Acting
I Secretary of State, based on the telegram above mentioned.
No. 125.
7%e Marquis of Salisbury to Sir J. Pauneefote,
|(TelegraphicO Foreign Office, August 26, 1891.
I HAVE to request you to communicate to the United States' Government Sir
IC. B. Powell's telegram of the dth instant, repeated in my preceding telegram, stating
Ithat the United States' Agent at Seal Island continues to kill seals, although the number
Itlready killed this year is materially in excess of the limitation agreed upon by the
Inodus vivendi of the 1 5th June last.
Tou should state that Her Majesty's Government are convinced that the President
liill not permit any departure from the true spirit of the Agreement, and will take such
IneasureB to insure its strict observance as may seem to him to be requisite.
( ■'
■n-
a I
TWfi»"sjfr:vTfj«^^o*j
78
No. 120.
Sir J. Pauncefote to the Marquu of' italisburn. — (lieceived Auyust 31.)
My Fionl, \einport, Angu-U 20, ISiJl.
I TllANSMirrKl) to your b)r(Isliiii in my dcspiitcli of the 2:M .iiiiio last a copy
of till' Arciiionmduin wliidi I comimmifatrd on tin- 24tli ol' that month to the Arliiin
Socri'tary oi State, oniljodyinir tlic siilwtnncc ol" instructions issued to tlic Uritish
cruizrrs in Uohrinij's Sea in imrsuanco of tiic modus <hfnili, and suif^^estinj; timt an
Ai^rccnient. should he eonie to between tii>' (Jovernnient* of (Ireat Britain and tlm
United States for mutual indemnities in respect of acts edinmitted hy tlie eruizers of
one nation agiiinst the vessels of the other in exeeution of that modus rivendi.
As I informed yo\ir l»rdship in my despateli of the 27th .lune, I reeeivod a enm-
munientiim from llie Acfini; Secretary i)f Strife in reply, ac(iiiaintini,' ino that the; aixivc
MemoRuidum had Iku'u immediately transmitted to the United States' Navy Di'piirt'
ment. for their information.
No answer, liowover, heini; received to the proposal contained in the latter portion
of the Memorandum, T addressed a note on the Hth instant to .Mr. Wharton, copy of
wliich I hav the honour to inclose, requestiny' to he informed, at liis earliest com.
venieuce, of the views of the United States' (iovernment wi!h rcsjicet to the sui^i^csted
Aitreement, and [ have now received a note from him, in reply, of which I liave also
the Lunour to iaulose a copy.
J have, &c.
(Si!-ned) .lULlAX VAUNCEFOTlv.
Inclosure 1 in No. 120.
Sir '. Pauncefote to Mr. IVhurtoii.
Sir, Nrwpoti, August 8, 1891.
ON the 2.'jrd .Tun(> last I had the honour to place in your hands a Memorandum,
emhoflyin;; the substance of the instructions issued to Uritish cruizcu's in Jiehring's „
in pursuance of the modus rirmdi si-jned on the l.'ith of that month.
'I'he ?.Iemoran(lum also contained ;i proposal lor an Ai^reement between the Govern-
ments of (treat Kritain and of the rnitcl States lor mutual indemnities in respect of I
acts committed by the criiizers of omr nation ai;;ainst the vessels of the othi-r in
execution of the modus vireudi. To that i)r.)posal I have not as yet been favoured witli
a reply, and I should be extremely ohliirod if you would bo i;oo(l enousjh to inform rac,
at your earliest convenience, of the vie\\> of yoar (lovorumcnt with respect to the I
sugfifcsted Ai?reement.
I have, &c.
(Sifrned) JULIAN PAUNCEFOTi:
Inclosure 2 in No. 120.
Mr. IVharton to 8ir ,1. Pauncefote.
Sir, Department of State, H'aslihifjton, August 17, 1891.
I HAVE the honour to acknowledu'c the rei-eipt of your note of the lird instant,!
in which you refer to a Memorandum of the 2Urd .June, left with me the 2tth .June.f
in which you submitted a proposal for an Ai^r(>ement betwcicn the (lovernmentsnfl
Great Jlritain and the Uniteil States for mutual indemnities in r>'s|)!'ct of acts cora-T
mitted by the cruizcrs of one nation aifains: the vessels of the otiier in tixecutioii of|
the modus vivendi.
Tlie I'resid(mt desires me to say, in :eply, that it scein> to him to l)e (itiite|
unnatural that the two Uovernmt;nts, haviui,' conu* to a iViendly understanding as tos
modus vivrndi; and the method of its enfoi-cemcMit, should anticipate or attemp
SH'Ovide ajifainst j)ossible breaches or violations of duty by the vessels of either eoim.vj
[t will be time (Mioua;h, in the i'ri^sideiit's opinion, wbi ii ■itlier (loveriimeiil li
afjfaiast tho other a eonnilaint in this regard, to consider ihe (juestion of indemnitTl
The President desires me to state that he hopes that no such (luestiou may .arise, lm|
tliat he will be prepared to meet it in a friendly spirit, if, unlbrtunately, diftcreno
should doTclop.
....._,. - „, ,^ . I have, &c.
■ " ■• (Sii^ncd) W. WHAETON.
79
»e3l.)
f/u.i« '20, 18!n.
i mio lust II ciipy
til to till' ArtinR
I to the Hritish
i,'i;('stiiij; tliiit an
Mritniti nnd tlip
V till' cruizcrs of
Vivendi.
ri'ccivod a riira*
le tliat till! above
•s' Nuvy l)i'|);irt-
the latter portion
A'linrtou, copy of
his rarliost con-
to tilt! siii,'i,'Cstod
hich I havt! also
iUNCEFOTK.
.4i/(/i/(»<S, 1891.
I a Memorandum, |
s in Belirin!?^.
tweon tli« Govern-
[lilies in respect of |
of the otlii'i' in
i(!en favoured with
,'h to inform mc,
itli respect to the
'AUNCEFOTi:.
Auijust 17, 1801
the :ird iast;int,
ine the 2tth June,
le Governments of
s)):'ct i)t" acts cora
KM' in iixecutiono
) him to he (luitc
dcrstanding as ton
!ite or attempt to
sof eitluM-eouirvy
Acriimi'iiV loil.'^
it ion of indemnity
ition may .arise, 1)U
uuatcly.'differonee
(v. WnAETON.
No. 127.
Sir J. Pauncefote to the Marquis of Salitbury. — {Received September 7.)
My Lord, SWport, Aufjust 2P, 1891.
Wrrn roferoneo to your Lordship'"! telojjrftm of the 22nd instant, I have the honour
to incloBC copy of the privale iind unollicinl htlir "Inch I liavi- addressed to the Acting
Secretary of iStatc. relnling to the compensation clause in the Behring's Sea Arbitration
Agreement.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 127.
Sir J. Pauncvfote to Mr. Wharton.
(Private and Unodicia].)
Dear Mr. Whnrton, Newport, August 26, 1891.
IN my reply to your official note of the 22nd instant I stated that I hoped to be
able to send an ans er to your note of the 2.'hd ultimo in a few days.
Before doing so, however, I am anxious to explain to you privately and unofficially,
as I would do verbally were I in Washinjiton, tiie nhjection which my (Jovernment
entertain to the latest form of clause rilalinir tr. con., , i 'ition, which lias been proposed
by the Presiilent for iuloption as .Xrticio 7 in the Ik-hr. i . < Sea Arbitration Afireeinent.
Such a privtite nnd unollicial o\ciuiii,i;e of vifws at tlii; point of the negotiations ni.ay
abridge the ollicinl enrrcsponilence, and fac'lil ite a soiution of the present ditliculty, on
the basis of a suggestion whicii you made when v disciu. jd tin (piestion informally ;vt
Washington. My (Jovernment are unable to atccpt the form of clause proposed by the
Presii'.nt, because it appears to them, taken in connection witli your note of the
'l,Ad Ultimo, to imply an admission on their part of a toi nine respecting the liability of
Governments lor the acts of their nationals or other persons sailing under their Hag on
the high seas, wliieh is not warranted by interintiontii law, and to which they cannot
subscribe.
I need hardly say that the discussion of such a point (which after all may never
arise) must prolong the negotiation indefinitely. Moreover, it seems preinaiure to enter
into such a discussion before the other questions to be submitted ti *he Arbitrators have
been determined, and all the facts on which any lialiilily can arise have been
ascertained.
Your suggestion, to which I have referred, was to leave out altogether fh.o question
of damages from the Arbitration Agreement, and you may remember that, at the time,
I did not encourage the idea, not ap[)rehending that the clause would give rise to such
protracted discussion, and being, moreover, anxious that the settlement to be arrived at
should embrace and finally dispose of every point in controversy.
There is a middle course, however, whicli appears to me to commend itself, from
every point of view, as a practical and logicid solution of the present dilllculty. It is to
omit the 7th clause as to compensation, and to insert, in its place, a clause referring to
the Arbitrators any question of fact which either Government may put to them with
reference to the claims for eompeiisalioii it believes itself to possess. The application of
the facts to international law might be a matter for negotiation after they are
determined, and, if the two Govermnents agree, might be referred, in whole or in part,
to the Arbitrators. The clause might be worded .as follows : —
"Clause?. Either of the two Governments may submit to the Arbitrators any question
of fact which it may wis^h to put before them in reference to the claims for compensation
which it believes itself or its nationals to pissess against the other.
" The question whether or not, and to what extent, these facts as determined by the
Arbitrators, and taken in connection with their decision upon the other questions
submitted to them, render such claims valid, according to the principles of international
law, shall be a matter of subsequent negotiation, and may, if the two Powers agree, be
referred, in whole or in part, to the Arbitrators."
I do not, of course, propose the above woniinj, .as definitive. It should be open to
amendment on either side. But if, after submitting it to the President, you should be
able to inform me privately that such a clause, under the circumstances, would be
acceptable to your Government, I would then address you officially in reply to your
note of the 2Srd ultimo, and formally make the above proposal, stating the gtotttid ott
which it li bued.
r 'fi
V
i
1
t'
\
Ill ^ '
fe
l' :^ *
P
f- '•- •
f---,
li
111
7 ■•
i
li '
h
■■■■t "
W/JMH
I
^^'^^^^fM^^'
f
ppppip
wmmm"
wmm^f^
80
Hoping that this mode of settlement of the last point in dispute will meet with your
approval, and that this effort, on my purt, to bring the negotiation at once to a satis-
factory termination may be successful, I remain, &c.
(Signed) JULIAN PAUNCEFOTE.
tr
: : , ,, ■ No. 128. , ■ ■: ■'
Sir J. Pauncefote to the Marquis of Salisbury. — {Received September 7.)
My Lord, Newport, August 28, 1891.
WITH reference to my other despatch of this date, I have the honour to transmit
herewith copy of the uote of the 16th instant from the Acting Secretary of State,
referred to in the inclosure to my above-mentioned despatch, in which Mr. Wharton
inquired when an answer may be expected to his note of the 23rd ultimo, relating to
the proposed compensation clause in the Behriug's Sea Arbitration Agreement.
(Signed) ' JULIAN PAUNCEFOTE.
Inclosure in No. 128.
Mr. Wharton to Sir J. Pauncefote.
Sir,
Department of State, Washington, August 22, 1891,
EEFERRING to my note to you of the 23rd ultimo, relative to the proposed
agreement of Arbitration of certain matters affecting the seal fisheries in Behriug's Sea,
I would be extremely obliged if you would be kind enough to inform me when an answer
to the same may be expected.
I have, &c.
(Signed) WILLIAM F. WHARTON,
Acting Secretary.
No. 129.
Behring's Sea Commissioners to the Marquis of Salisbury.— {Received September 8.)
Steam-ship " Danube," at St. Paul Island, Alaska,
My Lord, August 5, 1891.
WE venture to think it desirable that we should at once report to your Lordship on
certain points which have come to our knowledge in relation to Article 2 of the modus
Vivendi, and we inclose copy of a letter which we deemed it right to address to tlie
Treasury Agent representing the United States' Government on the PribylofE Islands.
We send with this despatch to the nearest telegraph office, which is 2,000 miles
distant, a telegram of which the following is a paraphrase : —
"Pribyloff Islands, 5th August. — Have the honour to inform your Lordship that
this year's take of seals already considerably exceeds 7,500.
" The Agent of the United States' Treasury continues to allow seals to be killed on
the assumption that the limited catch is to commence from the date of the signing of
the modus vivendi. Despatch follows by mail."
Immediately on our arrival here we established relations with the officials of the
Government and of the North American Commercial Company of a most friendly
character, and they have given us every aid and assistance in our inquiries. But »c
speedily discovered that before the date of our arrival here (28th July), at the loweot
estimate 8,800 seals had been killed this season, and that it was in contemplation to kill
at least several hundred more.
We had understood especially from Mr. Wharton's letter to Sir J. Pauncefote of
the 6th June, 1891, that the Agents of the Treasury Department had been instructed
by order of the President to stop the killing when 7,dOO seals had been taken, and v. it
the Government of the United States had taken every precaution to insure the observa'
tion of the stipulation to limit the catch to 7,500.
^t St, P»ul we were informed that (be Treasury Agent bad been iostruoted on the
.inoits
''^- -*''h;t^-"t
mm
[ meet with your
once to a satis-
UNCEFOTE.
nber 7.)
igust 28, 1891.
)nour to transmit
;retary of State,
ich Mr. Wharton
Itimo, relating to
eement.
lUNCBFOTE.
ugust 22, 1891.
to the proposed
in Behring'8 Sea,
e when an answer
lrton,
cting Secretary.
September 8.)
Island, Alaska,
your Lordship on
e 2 of the modus
to address to the
■ibylofE Islands,
ch is 2,000 miles
inr Lordship that
als to be killed on
of the signing of
le officials of the
, most friendly
nquiries. But »e
dy), at the lowest
itemplation to kill
J. Pauncefote of
d been instructed
en taken, and ;. it
nsure the observa-
iostruoted on tho
27th May to keep the quota of skhis taken by the Company nndcr 7,500, and that en
route to tlie i.ilamis he was advised by telegraph to interpret his instructions in accordance
with the United States' Proclamation. He arrived at the Pribyloff Islands on the
10th June, but the said Proclamation did not reach the islands until the 2nd July. In
tho meantime, we find that when the quota of 7,500 seals had been killed (by the
•20th June), all killing for the Company was stopped.
The Treasury Agent explained to us that he had much difficulty in interpreting the
Proclamatidn when it arrived, as hn received no supplementary instructions with it.
After full consideration lie decided to permit killing "for food " to continue apparently
on the assumption that the limit of catch to 7,500 was to commence from the date of
signing the modus virendi, that is on the loth June.
Wo have been informed that already 1,400 seals hare been killed in excess of the
above number as "food seals," and that on tlie same assumption it is contemplated that
perhaps 2,000 more will be killed this season.
The agent has given orders that no killing shall take place during the coming
" stagey " season (which lasts from the beginning of August until the end of October),
the skins being then of little value, but he has explained that the killing would be again
resumed after that interval.
We may add that the skins killed for food become the property of the Lessee
Company, and that therefore the total number of seals to be killed and placed to the
credit of the Company during this season w ould exceed by S.OOO, the 7,500 contemplated
under tiic modus tiiendi.
AV'c iray observe that the market value of 7,500 skins would probably reach a total
of 30,0( 0/. Tiie Lessee Conipiiny arc bound to provide dweliinirs, church, school
acconiniodation, and 10 ) tons of coal for the natives, and to support the \viilo\v.s and
orplinns and the aged and infirm, hut they arc under no legal obligation to furnish food
for the inhabitants generally. Wc learned, however, that they have made every prepara-
tion to provide the necessary food, and that the whole expenditure on all counts until
next spring would not exceed 5,000/.
Wc examined the stores on the two islands and found ample supplies for all demand?,
of the coming winter. Whether the ultimate charge of feeding the natives will fall on
the Government of the United States or on the Lessee Company, it is equally certain
that in addition to the flesh of 7)500 seals, the value of their skins will far more than
repay any expenditure incurred in default of the wages earned when the full quota of
seals is killed.
We feel it to be our duty, in view of the submission of the whole question to
arbitration, to take the speediest means of drawing your Lordship's attention to the
manner in which we have found that clause 2 of the modus vivendi is being dealt with on
the Prib^ loff Islands, in order that, if necessary, the promptest steps may be taken to
draw the attention of the authorities at Washington to the matter.
We may add that as our means of ctmimimication are very uncertain, we have
inclosed a copy of the telegram, as quoted above, in a despatch to the Governor-General
of Canada, with a request that he will be good enough to inquire by telegraph whether
it has duly reached your Lordship, and in the event of its not having done so, that he
will transmit it in cypher through the Secretary of State for tho Colonies.
We have, &c.
(Signed) GEORGE BADEN-POWELL.
GEORGE M. DAWSON.
Inclosure in No. 129.
Behring's Sea Commissioners to Major Williams.
I^eav Sir,^ Steam-ship "Danube," at St. Paul, .hhj .30, 1891.
WITH reference to our conversation of the 28th instant, relative to the limitation
of the number of seals to be killed under the ngreement come to by the Governments of
the United States and Great Britain, wc think you maybe glad to receive this expression
of our opinion, based upon the information in our possession, that the intention of the
two Governments as conveyed by Article 2 of the modus virendi was, that on the jiart of
the United States the stipulation would be strictly observed to limit the catch this
season to 7,600 seals, and to stop the killing when that number had been taken.
As you were good enough to invite our opinion on the above subject, we venture to
[572] JJ
^l .1
V.'
f
u
LJi . . '.
f
■ I
1
f,
■u
i !
ilim»JltU«||l
{ilaee it in your hands, although the question is apart from the immediate scope of our
nquiry.
We remain, &c.
(Signed) GEORGIi; BADEN-POWELL.
GEORGE M. DAWSON.
No. 130.
Behring's 8ea Commissioners to the Marquis of Salisbury. — {Received September 8.)
Steam-ship " Danube," at St. Paul Island, Alaska,
My Lord, August 6, 1891.
IN continuation of our despatch of the 16th July, we iiave the honour to report
that after a passage of seven and a>half days from Victoria we reached Kiuliuk
Harbour, Oonalaska I.sland, on the 24th ultimo. There we gathered information from
various residents, and arranged future plans witli the Senior Naval Otfider in Behring's
Sea, Captain Turner, R.X., of Her Majesty's sliip " Nynii)he."
As we were leaving for the Pribylotf Islands, the United St ites' surveying-vessel
"Albatross" arrived at Oonalaska, having on board Professor Mendenhall and
Dr. Merriam ; ue therefore delayed our departure for a few hours in order to make
their acquaintance. \Vc then proceeded direct to the Pribylotf Islands, being accom-
panied by Mr. Tingle, Superintendent of the North American Commercial Company,
whom we met at Oonalaska, and to whom we offered a i)assage to St. Paul Island.
We investigated all the seal rookeries and hauling-grounds on the island, and
obtained a large mass of evidence from the officers of the United States' Government
and of the Company, as well as from the natives, on the subject of seal life.
The "Albatross" arrived at St. Paul on the evening of the 28th July, and in b
conference with Professor Mendenhall and Dr. Merriam, we explained to them the terms
of our commission ; they, however, informed us that, having as yet received no formal
commission from their Government, they were unable to en'-er into any formal discussion
with us on tiie subject of our inquiry, but that they hoped at some future date to meet
ns for this purpose at Washington or elsewhere, their object in the meantime being to
acquire for themselves such local knowledge as would enable them better to understand
the large quantity of documentary evidence respecting seal life in the possession of the
United States' Government.
On the 31st July we left for St. George Island, taking with us Dr. Merriam. We
examined all the breeding-grounds on that island and obtained much additional informa-
tion from the Government Agents and employe's of the North American Commercial
Company there.
After full and careful inquiry into the various questions connected with the habits
and treatment of the seals on tlit Pribyloff Islands, we are this day proceeding to cruize
at sea for the purpose of examining the habits of the fur-seals in those parts of Behring's
Sea, where we gather from the information we have received that there will be the best
opportunities for such observations.
Her Majesty's ship " Pheasant " has been detailed to cruize with us, and we shall
thus obtain valuable assistance in our investigation.s, while at the same time she will
have the best opportunities of falling in with any schooners still remaining in Behring's
Sea.
We have, &c.
(Signed) GEORGE BADEN-POWELL.
GEORGE M. DAWSON.
No. 131.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received September 8.)
► . ■ ■
(Telegraphic.) Newport, September 8, 1891.
I HAVE the honour, with reference to my despatch of the 28th ultimo on
the subject of the compensation clause in the Behring's Sea Arbitration Agreement,
to inform your Lordship that I have received a private and unofficial answer from the
Acting Secretary of State to the following effect :
[See Mr. Wharton to Sir J. Paimcefote, September 7, 1891, Inclosurc in No, 135.]
scope of our
POWELL.
SON.
itember 8.)
md, Alaska,
jour to report
ached Kiuliuk
orniation from
r in Beliring's
irveying-vessel
mdenliall and
Older to make
, being accom-
■cial Company,
1 Island,
he island, and
;s' Government
fe.
July, and in b
them the terms
eived no formal
)rmnl discussion
ire date to meet
antime being to
to understand
ossession of the
Iderriam. We
tional informa-
can Commercial
with the habits
ceding to cruize
irts of Behring's
will be the best
us, and we shall
time she will
ing in Behring's
le
N-POWELL.
WSON.
iber 8.)
mber 8, 1891.
28th ultimo on
tion Agreement,
tnswer from the
in No. 135.]
No. 1S2.
Colonial Office to Foreign Office. — {Received September 11.)
Sir, Downing Street, September 10, 1891.
WITH reference to ])reviouR correspondence, I am directed by Lord Knutaford to
transmit to you, to be laid before the Marquis of Salisbury, a copy of a despatch from the
Governor-General of Canada, inclosing copy of a despatch from Sir Julian Pauncefote,
together with an approved Minute of his Privy Council, concurring in a Report by the
Minister of Marine and Fisheries on the subject of certain Reports and papers relating
to the conditions of seal life in the Pribyloff Islands.
I am, &c.
(Signed) K. H. MEADE.
Inclosure 1 in No. 132.
Lord Stanley of Preston to Lord Knutsford.
My Lord, Stanley House, Neiu Richmond, P.Q., August 18, 1891.
I CAUSED to be referred, for the consideration of my GovernuKnt, a copy of a
despatch from Her Majesty's Minisiter at Washington, covering copies of Reports of the
United States' Government Agents stationed on the Pribyloff Islands, which were laid
before Congress in February Inst ; also an extract from the " Cleveland News and
Herald" of the 4th May, 1891, containing the introduction to Professor Elliot's
voluminous Report on the condition of seal life in the Pribyloff Islands during the
summer of 1890, which did not jiccompany those presented to Congress; and I have now
the honour to transmit to your Lordship a copy of an approved Minute ot" the Privy
Council concurring in a Report appended thereto by the Minister of Marine r iid Fisheries
on the subject.
I have also the honour to inclose a copy of the above despatch from Sir Julian
Pauncefote ; and for the inclosures I would refer your Lordship to the British print,
"United States No. 2 (1801):" " Further Correspondence respecting the Behring's Sen
Seal Fisheries," p. 12, Appendix, Inclosure in No. 1 ; also p. 53, Inclosure 2.
I have, &c.
(Signed) STANLEY OF PRESTON.
Inclosure 2 in No. 132.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency the
Governor-General in Council on the 3rd August, 1891.
THE Committee of the Privy Council have had under consideration a despatch*
dated the Ci'n t May, 1891, from Her Majesty's Minister at Washington, covering
copies of Reports of the United States' Government Agents stationed in the Pribylotf
Islands, which were laid before Congicss in February last ; also an extract from the
''Cleveland News and Herald" of the ith May, 1891, containing the introduction to
Professor Elliot's voluminous Report on the oonditiou of seal life on the Pribyloff Islands
during the summer of IS'.iO, which did not accompany those presented to Congress.
The Minister of Marine and Fisheries, to whom the despatch was referred, submitsi
the annexed Report, dated the 25th July, 1891, upon the subject under consideration.
The Committee concur tiierein, and on the recommendation of the Minister of
.Marine and Fisheries 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 informa-
I tion of Her Majesty's Government.
All which is respectfuUv submitted for your Excellency's approval.
(Signed) JOHN J. McGEE,
Cla'k of the Privy Council.
™
F
1 ■
'it
1 '■
w
i
h
1
M ■ ■■
1^
1
^
1
1
iji '
m
ii"'
••iTOJ
M 2
81
IncloKure 3 in No. 132.
Report.
To his Excellency the Governor-General in Council.
THE Uncleisi<»ned has had referred to him n despatch from Her Majesty's Minister
at Washington, dated tlie 22nd May, 1891, eovcrinjj copies of Reports of the United
States' Government Agents stationed on the Prihyloff Islands, which were laid hcfore
Congress in Fehrunry last ; also an extract from the " Cleveland News and Herald " nt
the 4th May, 1891, containing the introduction to Professor Elliot's voluminous Report on
the condition of seal life on the Prihyloff Islands during the summer of 1890, which did
not accompany those presented to Congress.
It will be remembered that on the 27th May last the Undersigned had the honour of
reporting to your Excellency upon the statement of Special Agent Goff and his assis-
tants, in which he at some length reviewed the statements therein contained. Tiiis
lieport was approved by your Excellency on the 6th June, 1891, and the Undersigned
would now invite attention thereto.
He had at that time occasion to regret that the ex parte Re\wTt of Mr. Henry W.
Elliot, to which reference had frequently been made, had been withheld from publication,
and not communicated to the Canadian Government.
The newspaper extract now referred to the Undersigned, however, contains a
lengthy introduction to this Report of Mr. Elliot, apparently embracing the principal
features dealt with in detail in the body of his Report.
This article is prefaced by the statement that Mr. Blaine is, through this Report, in
possession of information not previously at his disposal, which, it is argued, cannot fail to
impress upon all concerned the necessity for immediately preventing the killing of seals
in the open waters of Behring's Sea ; but it is to be noticed that the prepDnderancc of the
evidence referred to in the Report is entirely opposed to that particular view. It is
submitted that the Report really aims at the operations on the breeding islands by the
lessees of the United States' Government.
Mr. Elliot sa^ . : —
" I embarked upon this mission with only a faint apprehension of viewing anything
more than a decided diminution of the Prihyloff rookeries, caused by pelagic sealing
during the last five or six years, but from the moment of my landing at St. Paul's Islam!
on the 21st of last May, until the close of tlic breeding season, those famous ' rookeries'
and * hauling-grounds ' of the fur-seals thereon, and of the St. George Island, too, began
to declare, and have declared, to my astonished senses the tact that their utter ruin and
ex.ermination is only a question of a few short years from date, unless pronqit and
th( ough measures oi" relief and protection are at once ordered on sea and on land i)y tha
Treasury Department and enforced by it."
He enters into a lengthy explanation of the reasons for the discrepancy between his
present stateinent and the views expressed by him with regard to the inexhaustible Siipplv
of seals upon the rookeries during the term of 1872-74, when he was " firmly satislied
that, as matters were then conducted there was no reason to fear injury to the regular
annual supply of male life necessary to the perpetuation of the rookeries.
He gives as reasons for his complete change of opinion, and for now tinding " only
a scant tenth of the number of young male seals which I [he] saw there in 1872," >
following : —
"1. From over-driving without heeding, its warning first begun in 1879, dropped
then until 1882, then suddenly renewed again with increased energy from year to year until
the end is abruptly reached, this season of 1890.
"2. From the shooting of fur-seals (chiefly females) in the open waters of the
North Pacific Ocean and Behring's Sea, began a business in 18SG, and continued
to date."
It will he observed that this second reason is given for the decrease principally of
young males, while further on in the same Report, and throughout the whole controversy,
pelagic sealing is and has been held to be p.irticnlarly destructive to females.
Unlike all previous Reports of United States" Treasury Agents, this takes the initia-
tive in ascribing the alleged enormous decrease of seal life on the rookeries primarily
to the lessees of the breeding-islands ; but, like all others, it reiterates the oft-refuted
statement that the shooting of fur-seals (chiefly females) in the open waters of Behring's
Sea and the North Pacific Ocean is responsible, though secondarily, for the alleged
diminution of seals on the breeding-grounds.
.h'^ "-'■"■■■ ^..I»jJ..1. ,mA-.-.. /,
86
It is worthy of notice that tins appears to be the first occasion upon which United
States' Special Agents have attributed the falling-off to tlie operations of sealers in the
North Pacific Ocean outside Hehiin^'s Sea ; and to this, no doubt, is due the extension
of the ground recently proposed by Mr. lilainc to bj covered by the arbitration.
It will not be forgotten tliat the Undersigned, when refuting the statements as to
the killing of females in Behring's Sea ^tlie only waters under dispute), has frequently
shown that it might be true that the pursuit of seals along the coast and outside
Behring's Sea was destructive by reason of the killing of females with pup, during their
slow movements before they enter that sen, but that, after entering, the females made
a swift passage to the rookeries in a bee-line, and the danger no longer existed.
The question in dispule is not as to the destruction of seal life outside Behring's
Sea, but the right of the United f^lnttvs (o nu)no[)olizo the .seals in Behring's Sea to the
extent of excluding other nations tVoni their jiursuit in tiiosc waters. The authorized
Agents of that Government have, in the past, either failed in their duty, or were unable
to appreciate the significance of tlic gradual and certain decline of the seals dwelt upon
by Mr. Elliot; for he now reports that not until 1889 has there been the slightest
intimation in the annual declarations of the otficers of the Government of the least
diminution or decrease of seal life on these islands since his work of 1874 was given to
the world.
lie disci edits tiio statements of these Agents as irreconcilable with the evidence of
the decrease in the supply of \ oung nuile seals.
The I'nder.signed calls attention to the striking fact that the serious decrease now
alleged has occurred, it is stated, principally in the case of young males, while the United
States' Agents still persist in blaming pelagic sealing for its alleged disastrous results
to females.
This position would appear to be a.s diflicull of reconciliation as the statements of
the other Agents are thought by Mr. I'llliot to be.
A glance at his figures, which he states are so carefully and accurately compiled,
disclo.ses the fact that the percentage of the decrease in females is 62^, while that in
young seal pups is over 75.
Mr. Elliot proceeds : " Naturally enough, being so long away from the field, on
reading Mr. Charles J. GofF's Report for the season's work of 1889, I at once Jumped to
the conclusion that, the pelagic sjaling, the poaching, of 188G-88 was the sole cause f
the shrinkage which he declareil manifest on those rookeries and hauling-grounds of tiiC
Pribyloff Islands " And he goes on to say that even then, after calculating the
number of skins placed on the market by pelagic scalers, he could not satisfactorily
charge the whole decrea.se to them. He states that the class from which 85 per cent,
of the pelagic catch is drawn are " females and young-oorn and nnbOi'n ;" and while he
expected this to work damage to the rookeries, he was wholly unprepared for an estab-
lishment of the correctness of Mr. Goffs Report.
" After an entire new and topographical survey and triangulation of the landed area
of the seven rookeries of St. Paul Ishnd and those of St. George Island," Mr. Elliot is
impressed with the bad effect of " driving ' the seals for years, which practice, in his
opinion, renders them unfit for service on the breeding-rookeries, " being utterly
demoralized in spirit and body," and this is now admittedly the principal cause of the
reported decrease in seal life.
According lO Mr. Elliot, pelagic sealing, or " poaching," as he terms it, commenced
in 1880. It continued under the harassing and embarrassing interference of the United
States' authorities down to and including the year 1889— just four years. He describes
the rookeries to have been " in spendid condition," .... when " they passed into the
hands of the United States." Now, after twenty-two years of killing operations on the
islands, he suddenly iliscovcrs reasons to fear extermination of the seal species, and
attributes the faliing-off in a great degree to four years of pelagic sealing, beginning in
188G ; in the face of this statement, in the same Report, that " that day in 1879 when
it became necessary to send a sealing gang from St. Paul village over to Zapodnie to
regularly drive from that hitherto untouched reserve, was the day that danger first
appeared in tangible form since 1870 — since 1857 for that matter." That is to say,
seven years before much-abused ptdagie sealing, according to Mr. Elliot, bad begun.
Thus, in the opinion of the Undersigned, in the light of this and similar Reports, are
his repeatedly expressed views vindicated, as also is the fact established that the protec-
tion to seal life on the islands, provided by the United States' Government, is and has
been wholly inadequate.
The Reports, however, reveal another fact entirely opposed to the contentions of the
United States' authorities nnd Agents, and of Professor Elliot himself. This fact is, that
m
1 1
it iiJ
UI'KIIII'I
9$
the whole system of conducting the scaling industry, en the only places where it has
been held seals could be protected, has been conceived and based upon lamentably
erroneous ideas.
The state of affairs Uuis recorded affords a fitting commentary ui)on a system of
protection uhicli will admit of the constant intorferencc, dealing torlurc r.: I death to
these animals in a wild state, on grounds chosen bv Ihem for annually perfoiming their
functions of procreation. It is opposed to tlic (hst instinct of all animal nature — that of
self-preservation — and is admirably adopted to driving the seals from the breeding,
rookeries to seek other haunts.
While the Undersigned docs not consider it necessary in this connection to refer to
the question of right raised by the term " poacher," as applied by Mr. Jilliot to pelagic
sealers, this question being one atfecting an entirely distinct feature in the controversy
in no way connected with the question of the preservation of seal life, he desires in
passing to b.iefly state tl;c following: —
It has been clearly established that no attempt lias ever been made by any of the
Canadian sealing fleet to operate within the territorial waUrs of the United States. The
unwarranted interference by United States' rcvenuc-ciittcrs has in every case been out in
the open waters of the sea, free to them and to tiic subjects and citizens of all other
nations.
In his Report Mr. Elliot dwells at con-iderablc length upon the history of the
settling industry of the Pribyloff Islands under the l»us^iaii rule i)rcvious to tlic acquisi-
tion of these islands by the Government of tlic United States. He argues that to the
fact that in those earlier days the skins were air-dried (not salted as now) is due the fact
that the seals were not years ago exterminated, the work of sealing being then far slower
and much more difficult than now.
In his opinion the inability to rapidly cure the skins for shipment alone saved the
Pribyloff rooke:ies from utter extermination, as at least thirteen trading organizations
were enga>;ed on these islands continuously for seventeen years in taking the fur-seal
skins ; and he believes, had they possessed the knowledge of salt curing now in vogue,
tlicy would have killed every fur-seal which showed itself. Yet further on he (juotes
from Bishop Veniaminov, that, in 1803, 800,000 seal-skins had accumulated, of which
700,000, having spoiled, had to be cut or tlnown into tiie sea. Thus on one occasion
enough skins were destroyed to oover seven years of the total take of the former
American lessees, or nearly twelve years' take of the present Company, under the terms
of their lease, adopting the basis of 00,000 skins per annum.
The system, or even want of system, which permitted such drains as this upon the
seal life of these islands by so many Companies must have been less hurtful to seal life
than the organized methods pursued under the supervision of the United States' Govern-
ment; for though the earlier sealers did not know how to preserve the skins when they
got them, the present lessees, it is alleged, cannot get them to preserve, though only one
organization has been engaged for twenty-two years, as against thirteen organizations
indiscriminately working lor seventeen years; and the one organization began operations
with the rookeries admittedly in " splendid condition," and considered by Mr. Elliot to
be practically inexhaustible.
This opinion of Mr. Elliot might have been correct in the main, but it is evident
some otlier and more provident method of reaping the seal harvest on the islands must
be devised if the stock is to be perpetuated.
The Undersigned sees no reason to reverse iiis opinion as to the relative effect upon
the rookeries of hunting seals in the open waters of Hciiring's Sea, nor can lie conceive it
possible that such method of sealing could muterially a>sist in bringing about the
disastrous results now alleged. In iiis opinion it could have no move effect upon the
permanency of the sealing industry than would the legitimate pursuit of any other
business in like manner.
Mr. Elliot concludes by stating that, after a careful review of his investigations, he
is warranted in urging —
" 1. That no driving and killing of fur-seals for tax and shipment on the seal islands
of Alaska be permitted by the Government for a period of at least seven years from date
(1890) ; and
" 2. That the co-operation of Great Britain and Russia be secured in perfecting our
international close time, by which all killing of fur-seals in the open waters of Behring's
Sea will be prohibited during the breeding season of these animals, and in order that the
Representatives of Great Britain and Russia may see the truth of my statement as to
what threatens to exterminate these animals if pelagic sealing as well as terrestrial
sealing is not at once stopped, that a Commission of British, Russian, and American
My
bere it lias
lamentably
, system of
I death to
1 tning their
10 — that of
> breeding.
J to refer to
t to pelagic
controversy
i desires in
■ any of the
iltatcs. The
been out in
of all other
story of the
tlic acquisi-
tliat to the
due the fact
en far slower
ne saved the
jrganizations
r the fur-seal
ow in vogue,
n he (|uotcs
ted, of which
one occasion
■ the former
ler the terms
bis upon the
|ul to seal life
tes' Govern-
s when they
ugh only one
organizations
m operations
I Mr. Elliot to
lit is evident
islands must
le effect upon
lie conceive it
l<i- al'out the
id upon the
)f any other
ligations, he
seal islands
irs from date
Icrfecting our
lof Behring'S
Irdcr that the
Itcmcnt as to
IS terrestrial
id American
97
experts be invited to visit the seal islands next summer, and report fairly upon the
Bubject."
The first of these propositions, which docs not affect the Canadian sealers, the
Undersigned considers calls for no further reference beyond the remark (even in the
light of Mr. Elliot's Report) tliat it is somewhat remarkable that only at this late date,
after over twenty years of annual operations under Government supervision, that the
United States' Government is possessed of infurmation upon which it bases the necessity
for such a drastic measure.
On the second proposition the Undersigned remarks that the recent ncgoUntions,
resulting in the present modus vivendi, and the departure of the British and Canadian
experts for the scol islands to report upon the conditions of seal life, dispose for the
time being of the main feature contained therein.
Before leaving the subject, however, the Undersigned desires to invito the attention
of your Excellency to the words, '• in perfecting our international close time, by which
all killing of fur-seals in the open waters of Behring's Sea will be prohibited during the
breeding season of these animals." contained in the second proposition.
The words italicized by the Undersigned appear to imply the existence of an inter-
national close lime for seals in the open waters of Behring's Sea, which it is proposed to
perfect. This is misleading, as no sucli close time exists, and the only Regulations
pertaining to the seal fishery of Behring's Sea are provided by enactment of the United
States' Congress, and applicable to tlie citizens of that nation alone.
With regard to the remainder of tlie quotation, the Undersigned observes that this
question is included in the sunject of the inquiry now proceeding. The Undersigned,
however, would again revert to the proposal forwarded by Sir Julian Pauncefote to
Mr. Secretary Blaine, 13th April, 18!)(), which provided for just and equitable close times
for seals in Behring's Sea, covering the migrations to and from the breeding-grounds ;
and which was rejected by the United States' Government.
A close season based upon the wording of the present proposition, " during the
breeding season," might, by a strained or technical interpretation of what length of time
the breeding season covered, be made practically exclusive by fixing the dates to cover
the whole term, beginning with the first entrance into Behring's Sea, and ending with
the departure of the seals from that sea.
This would be simply an assertion of the doctrine of mare clausum in another form.
The Undersigned therefore desires to impress upon your Excellency this aspect of
the matter, with a view to avoiding, in any close season which might ultimately be agreed
upon, a practical or actual surrender of participation in the scaling industry by Her
Majesty's subjects ; and establishing the fact that the carefully considered proposal
already rejected by the United States contained the full measure of close time ihat
your Excellency's advisers are at present prepared to entertain in the interest of Canadian
sealers.
He therefore recommends that a copy of this Report be transmitted to the Right
Honourable the Principal Secretary of State for the Colonies, for the information of Her
Majesty's Government.
Respectfully submitted,
(Signed) CHARLES H. TUPPER,
Minister of Marine and Fisheries,
Department of Fisheries, Canada, Ottawa, July 25, 1891.
Inclosure 4 in No. 132.
Sir J. Pauncefote to Lord Stanley of Preston.
My Lord, Washington, May 22, 1891.
IN accordance with instructions which I received last night by telegraph from the
Marquis of Salisbury, I have the lionour to transmit herewith to your Excellency an
extract from the " Cleveland News and Herald " of the 4th instant, containing Professor
Elliot's introduction to his Report on the condition of seal life at the Pribyloff Islands
during the summer of 1890. His Report, which I am informed is very voluminou?,
was not included among those of the other Government Agents which were laid before
Congress in February last. I take this opportunity of transmitting, at tlie same time,
copies of the last-mentioned Reports, in case they should not be in the possession of
your Government.
I have, &:c.
^Slgned) JULIAN PAUNCEFOTE.
i:
Ji
1^. I
'1\\
\ (■
^
f-
'< i
88
No. 133. , • • I •
The Marquis of Salisbury to Behring'a Sea Commissioners.
Gentlemen. Forcian Office, September 12, 18!)1.
IN reply to jour despatch of the 0th ultimo, I have to state to you that Her
Ufajcsty's Government approve your note to the United States' Agent at St. Paul
l^lllml ri'spectiiiiT the limitation t)f the ninnhcr of seals to be killed under the agreement
t'DMo to by tlio Governments of Great liritain and the United States.
Your further proceedings, reported in the aboTC-mentioned despatch, arc also
npproved.
I am, &c.
(Signed) SALISBUEY.
No. 134.
Sir J. Pauncefote to the Marquis of Salisbury. — (Received September 14.)
My Lord, Newport, September i, 1891.
I HAVE the honour to inform your Lordship that I addressed a note on the
26th ultimo to the United States' Government in the sense of your Lordship's telegram
of the 20th ultimo,* complaining of the violation of the Agreement of the 15th Juhl-.
1891, with regard to the killing of seals by the Unitcl States' Agent in the seal islands.
and cxprei^sing the cnnviction of Her Majesty's Government that the I'resident will not
countenance any evasion of the true spirit of the Agreement, and will take the necessary
measures to insure its strict observance.
1 have now received a note from the Acting Secretary of State, in reply, in which
In.' informs me that my statement will receive the immediate attention of his Government.
X I1&.V6 &C
(Signed) ' JULIAN PAUNCEFOTE.
No. 133.
Sir J. Pauncefote to the Marquis of Salisbury, — (Received September 21.)
My Lord, Newport, September 10, 1891.
WITH reference to my despatch of the 28th ultimo, transmitting copy of the
private and unofficial letter which I addressed to the Acting Secretary of State on
the subject of the compensation clause of the Behring's Sea Arbitration Agreement, I
have now ihe honour to inclose a copy of the reply which I received from Air. Wharton
to that communication, and the substance of which I reported to your Lordship in my
telegram of the 8th instant.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosurc in No. 135.
Mr. Wharton to Sir J. Pauncefote.
(Private and Unofficial.)
}ily dear Sir Julian, Department of State, Washington, September 7, 1891.
YOUR private and unofficial note of the 26th August was duly received, and I
desire now to reply to it in the same private and unofficial manner. The President is
unable to see how the damage clause last proposed by him can be held to imply an
admission on the part of Great Britain " of a doctrine respecting the liability of Govern-
ments for the acts of their nationals or other persons sailing under their ting on the high
seas, which is not warranted by international law." The proposition was expressly
framed so as to submit to the Arbitrator the question of the liability of Great Britain
for the acts of vessels sailing under its flag. It did not assume a liability, but was
framed expressly to avoid this objection, which had been urged against the previous
proposal. I quote from my note of the 23rd July : —
• SeeNo, 12S. ;
b ^ iffUh-'/iiB^fi'B^'j^fc^Jfi'i'f y<l i A
89
12, IPOl.
ou that Her
at St. Paul
10 agreement
,ch, arc also
[ilSBXJRT.
•14.)
ber i, 1891.
note on the
nip's telegram
Ke 15th JuTie,
ic seal islands,
sident will not
the necessary
reply, in which
is Government.
rNCEFOTE.
!r 21.)
ber 10, 1891.
IT copy of the
' of State on
. Agreement, I
n Mr. Wharton
lOrdship in my
JNCEFOTE.
mber 7, 1891.
received, and I
'he President is
■Id to imply an
ility of Govern-
ting on the higli
was expressly
Great Britain
j,bility, but was
ist the previous
" The United States might well insist that Her Majesty's Government should admit
responsibility for the acts of tlie Canadian sealers which it has so directly encouraged
and promoted, precisely as in the proposal the United States admits responsibility for
the acts of the revenue-vessels. But, with a view to remove what seems to be the last
point of diflcrcncc in a discussion which has been very much protracted, the President iR
willing to modify his proposal, and directs me to offer the following "
The claim of the United States was stated in my note of the S-'^rd July accom-
panying the proposal, and the President does not sec how the claims of the respective
Governments could be more fairly or fully .submitted. This Government proposes to
submit to the Arbitrators the question whether Great Britain is liable for the injury done
to the seal fisheries, the property of the United States, by the Canadian vessels that
have, under the stimulation and support of the British Government, been for several
years engaged in the Behring's Sea. The proposal of this Government was that the
Arbitrators should consider and decide such claims in accordance with justice and equity
and the respective rights of the High Contracting Parties.
The President is unable to accept the last suggestion which you make in your note,
as it seems to him to be entirely ineffectual. The facts connected with the seizure of
Canadian sealers by the revenue-vessels of the United States on the one hand, and with
the invasion of the sea and the taking of seals by the Canadian scalers on the other,
are well known, and doubtless could be agreed upon by the respective Governments
without difficulty. It is over the question of liability to respond in damages for these
acts that the controversy exists, and the President can sec no other course for this
Government than to insist upon the submission of the question of the liability of Great
Britain for the acts it complains of to Arbitrators. This Government does not insist
that Great Britain shall admit any liability for the acts complained of, but it may well
insist, if this arbitration is to result in any effectual settlement of the differences between
the two Governments, that the question of Great Britain's liability shall go to the
Arbitrators for decision.
If you have any suggestions to make in support of the objection that the proposal
made by the President assumes a liability on the part of Great Britain, the President
will be very glad to receive them and, if necessary, to reconsider the phraseology ; but
upon a careful and critical examination of the proposition he is unable to sec that the
objection now made has any support in the terms of the ]i''oposal.
I have, &c.
(Signed) WILLIAM F. WHARTON.
No. 186.
Sir G. Badeti'Powell to the Marquis of Salisbury. — (Received October 9.)
(Telegraphic.) Victoria, October 8, 1891.
COMMISSION to-day returned Esquimalt. Await instructions in Victoria.
No. 137.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received October 12.)
(Telegraphic.) Washington, October 12, 1891.
THE United States' Government urgently press for a reply to their note ot
23rd July. Shall I send official reply in the sense of my private letter of 2Uth August
to Mr. Wharton ?
The middle course therein proposed, which I presume is acceptable to Canada,
might yet be accepted by the President, in order to arrive at a settlement.
No. 138.
The Marquis of Salisbury to Sir J. Pauncefote.
i
(Telegraphic.) Foreign Office, October 15, 1891.
IN accordance with the suggestion in your telegram of the 12th instant, you
are authorized to repeat officially to the United States' Government the proposal made
[OT] N
11
! j
V
i i,,;.
90
in your private letter of the 26th August to Mr. Wharton respocting the Behrin^'a Sea
arbitration.
No. 130.
Colonial Office to Foreign Office.^{Received October 17.)
Sir, Downing Street, October 16, 1891.
WITFI reference to your letter of the Ifith July, respecting the objections of the
British Columbia Scalers' Association to the passing of tlie " Seal Fishery (IJchring's
Sea) Act, 18!)1," I nm directed by Lord Knutstbrd to transmit to you, for the informa-
tion of the Marquis of Salisbury, a copy of a despatch and its inclosurcs from the
Governor-General of Conada on the subject.
I nm, &c.
(Signed) EDWARD WINGFIELD.
IncloBure 1 in No. 130.
Lord Stanley of Preston to Lord Knutuford.
My Lord, Oovernment House, Ottawa, October 1, 1891.
WITH reference to your Lordship's despatch of the 16th July last relative to the
objections entertained by the British Columbia Scalers' Association to the legislation
proposed by Her Majesty's Government with tho object of establishing a close season
for seal in Beiiring's Sea, I have the honour to forward to your Lordship herewith copy
of an apin-ovcd Minute of the Privy Council, to which is appended copy of a letter
addressed to the Scalers' Association by the Minister of Marine and Fisheries in the
sense of your Lordship's despatch above referred to.
I have, &c.
(Sij^ied) STANLEY OF PRESTON.
Inclosure 2 in No. 139.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency the
Governor-General in Council on the '2\st September, 1891.
THE Committee of the Privy Council have had before them a despatch dated the
ICtli July, 1891, from the Right Honourable the Secretary of State for the Colonies
acknowledging the receipt of a Minute of the Canadian Privy Council inclosing copy of
a letter from the British Columbia Healers' Association.
The Jlinister of Marine and Fisheries to whom the matter was referred, now states
that a rc])ly lias been forwarded by him to the Association in the sense indicated (a copy
thereof is appended hereto).
The Committee, on the recommendation of the Minister of Marine and Fisheries,
advise that your Excellency be moved to forward a copy hereof to tho Principal Secre-
tary of State for the Colonies for the information of Her Majesty's Government.
All of which is respectfully submitted.
(Signed) JOHN J. McGBB,
Clerk of the Privy Council.
Inclosure 3 in No. 139.
Mr. Tuppcr to Sealers' Association.
Gentlemen, Ottawa, September 10, 1891.
REVERTING to my letter to you of the 13th June on the subject of your commu-
nication of the 6th of that month, on behalf of the Scalers' Association of Victoria,
remonstrating against tho proposed modus vivendi in Behring's Sea, I have now the
honour to inform you that Her Majesty's Government is of opinion that the total
cessation of sealing in Behring's Sea will greatly enhance the value of the produce of
Bbring's Boa
• 16, 1891.
ctiona of tho
■y (Ikhring's
tho informa-
rcs from the
JGFIBLD.
ber 1, 1891.
relative to tho
:hc legislation
a close Reason
herewith copy
)y of a letter
sheries in the
PRESTON.
I Excelteney the
latch dated the
the Colonics
closing copy of
red, now states
icatcd (a copy
and Fisheries,
rincipal Secre-
nment.
IcGEB,
rivy Council,
\er 10, 1891.
your commu-
Ion of Victoria,
I have now the
JLhat the total
khe produce of
theeoasi fishery, and does not anticipate tliat. British'] sealers''^ will sniTer^to any great
extent by exclusion from Bchring's Hca.
Her Majesty's Government, liowcver, will ho prepared to consider any case in wliich
it is clearly established that direct loss lins liecn sufTercd by a Britisli subject througli the
enforcement of the prohibition against Hculin^ in Hchring h Sea.
With reference to the wish of the Assoc-iation that it should bo heard before the
Arbitration ConimisHion, tho Secretary of State for tlic Colonics intimates that, as the
Joint Commission of Experts has been appointed to examine all (picstions connected
with seal life, and tho fur-seal industry, for submission to tlio Arbitrators, ycm should lay
any statements you desire to make before the Commission of Experts in the first
instance, and that, in the event of its being found necessary to call evidence before the
Arbitrators, in addition to that which may be presented to the Commission of Experts,
Her Majesty's Government will not fail to boar the wishes of the Association in mind,
1 have, &c.
(Signed) CHARLES II. TUPPER.
No. 140.
The Behring's Sea Commigsioners to the Marquis of Salisbury. — (Received October 19.)
My Lord, " Danube," at Ounalaska, September 17, 1891.
FOR the purpose of our inquiry into the conditions oi seal life in Behring's Sea
and other parts of the North Pacitic Ocean, we deemed it advisable to visit the Russian
seal islands, and we were pleased to receive nt Ounulaska on tlic 21st August a telegram
from your Lordship informing us of the receipt of a note from the Russian Governn:ent
authorizing us to viait their seal iislicries. and stating that the Governor-Geneial at
Amoor had been requested to afl'ord us every facility.
2. We accordingly visited the Commander Islands, arriving off Behring's Island on
the Ist September.
3. The Administrator, M. Grcbnitzky, had not heard of us from tho Amoor, but on
learning of our mission, showed us every courtesy and hospitality, and from his own
ample experience and observations gave us most valuable information ns to the conditions
of seal life in Russian waters. On Copper Island, tho Government Superintendent,
M. Tillmann, acting on instructions from J\I. Grebnitzky, gave us full information, and
accompanied us to the rookeries, extending to us the most friendly courtesy.
4. We then proceeded to Petropaulowski, and there from the Commandant,
M. HomyakofT, and Captain Brandt, of the Russian Imperial steam-ship " Aleut," we
again received much courtesy and assistance in our inquiries.
6. We venture to hope that the Russian Government will |bc iinformed of the
extremely satisfactory character of our visit to the Russian; sealing-grounds, and we
would take this occasion of expressing our opinion of the great value to the elucidation
of the conditions of seal life, of the information and o;^ .unities for observation
which we were afforded by the Russian authorities on the Commander Islands and in
Kamschatka.
6. We inclose herewith, for your Lordship's information, ; copies of the letters
which we addressed to the Administrator of the Commander Islands and the Com-
mandant at Petropaidowski, expressing our sense of the valuable facilities they have
afforded us.
W Q liave &c.
(Signed) ' GKORGE BADEN-POWELL.
GEORGE M. DAWSON.
Inclosure 1 in No. 140.
The Behring's Sea Commissioners to the Administrator of the Commander Inlands.
Sir,
"Danube," at Behring's Island, September 2, 1891.
HAVING been appointed Her Britannic Majesty's Commissioner to hold an inquiry
into the conditions of seal life in Behring's Sea and other parts of the North Pacific
Ocean, with a view to the arbitration pending on the subject between the Governments
of the United States and Great Britain, we considered it to be of much importance to the
success of our mission that we should obtain full information concerning the facts of seal
life and the methods of killing adopted on the Commander Islands.
[5721 N 2
Ul'^
11
li^i ±
m
li
|:i
i
3 '^-■\
i-:
92
We received a confirmatory telapfram from the Secretary of lUato for Foreign
Affairs in England, Htating that the Uussian Oovornment had been good enough to
authorize us to visit their seal (isheries, and that the Oovornor-Ocneral at the Amoor had
been requested to afford us every facility in tlic prosecution of our inquiries.
Not having time to communicate witii the Oovornor-Ocneral at the Amoor, we
Tenturcd to come to Bchring's Island, and wo have had the good fortune to meet with
you, and now would hog to tender this expression of our best thanks for the courtesy
with which you have received us and for the valuable and full information which youi
long experience and accurate knowledge of all connected with scaling enabled you to
afford us.
We have, &c.
(Signed) GEORGE BADEN-POWELL,
GEOllOE M. DAWSON.
Inclosure 2 in No. 140.
The Behring's Sea Commissionera to Mr Homyakoff.
Sir, " Danube" at Petropaulowski, September 9, 1891.
WE have the honour, before we leave Petropaulowski, to convey to you our thanlts
for the courtesy with which you have received us during our visit to your command, and
for the information which yon have so freely placed at our disposal.
Having been appointed Her Britanniii Majesty's Commissioners to investigate tlie
condition's of seal life in the North Pacitic Ocean, with a view to the preservation of the
tur-seal, we deemed it specially advisable to obtain full information concerning the
liussinn seal islands.
We received a telc;jraphic dospatcli from the Secretary of State for Foreign Affairs
in England stating that the Russian Government had been good enough to authorize us
to visit their seal fisheries, and that the Governor-General at the Amoor had been
requested to afford us every facility in the prosecution of our inquiries.
As the limited time at our disposal did not admit of our communicating with the
Governor-General at the Amoor, we would beg you to be good enough to inform his
Excellency of our visit here, and to convey to him our high appreciation of the manner
in which you have received us.
We have, &c.
(Signed) GEORGE BADEN-POWELL.
GEORGE M. DAWSON.
No. 141.
The Behring's Sea Commissioners to the Marquis of Salisbury, — (Received October 19.)
My Lord, " Danube," at Ounalaska, September 17, 1891.
IN continuation of our despatch of the 6th August last, we have the honour
to report that since that date our proceedings have been as follows : —
2. Our first cruize was to the eastward and northward, with a view to observing the
facts of seal life in those directions, and acquiring trustworthy information as to the
northern limit of the fur-seal.
3. We visited the native and other settlements on Nunivak Island, Cape Vancouver,
St. Matthew Island, St. Lawrence Island, and Plover Bay. On our voyage northwards,
and on our return journey to the Pribyloff Islands from a north-westerly direction, we
carefully recorded all seals seen at sea. On this cruize we received valuable assistance
from Lieutenant-Commander Hadley in Her Majesty's ship " Pheasant."
4. On reaching St. Paul Island on the 19th August we .ngain examined some of
the rookeries to note the difference in their appearance after a fortnight's interval, and
then, proceeding to Plimlink Harbour, Ounalaska, to consult with the commanding officers
of the English and United States' war-ships as to future movements, we left that port
on the 24th August for the westward, calling at the Islands of Atkaand Attoo, on which
are the only remaining native settlements of the western part of the Aleutian chain,
6. Our ultimate object being to visit the Russian seal islands. Her Majesty's ship
" Porpoise " was detailed to accompany us, she being on her way back to the China Station.
6, The " Porpoise," under the command of Captain J. Leslie Burr, from whom we
98
for Foreign
enough to
I Amoor hud
Amoor, we
meet with
the courtesy
1 which youi
iblcd you to
POWELL
SON.
received every ARniRtanco and attention, kccpinp a more northerly course to lock for
seals and schooncrH, joined us at Attoo on the 2Uth August.
7. We proceeded to the Commander Islands and to Pctropaulowski, and on t'is
portion of our cruize wo are addrcsHiii^ a separate despatch to your Lordsliip.
8. Leaving Pctropaulowski on the lOtli Sepf ember, wu shaped our course for the
Pribyloff Islands, so as to strike them from a westerly direction, keeping on accurate
record of all seals (ibsorved.
1). Paying our final visit to the rookeries on St. Paul Island after a further interval
of twenty-six days, we found that Mr. Stanley Brown, having completed his full observa-
tions of seal life on behalf of the American Commissiomra, had just left the island.
10. We thus secured the opportunity of making the latest observations of several
important points in relation to our inquiry.
We now propose to continue our investigations by the collection, on our return
journey to Victoria, of evidence from those engaged iu sealing on the coast of British
Columbia,
We have, &c.
(Signed) GEORGE BADEN-POWELL.
GEORGE M. DAWSON.
hi
• ' 'IK i
t,er 9, 1891.
ou our thanks
lommand, and
nvcstigate tlie
srvation of the
ioncerning the
foreign Affairs
to authorize us
xoor had been
jating with the
1 to inform his
of the manner
-POWELL.
^VSON.
1 October 19.)
htr 17, 1891.
te the honour
observing the
Ition as to the
ipc Vancouver,
Ige northwards,
direction, we
[able assistance
-ained some of
I's interval, and
landing officers
, left that port
Lttoo, on which
Itian chain.
1 Majesty's ship
I China Station.
[from whom we
No. 142.
Sir J. Pauncefole to the Marquis of Salisbury,— ^Received October 19.)
(Telegraphic.) Washington, October 19, 1891.
WITH reference to your Lordship's telegram of the 15th instant, I addressed a note
to the Acting Secretary of State on the 17th instant, in the sense of my private letter to
him, and officially repeated the proposal made by your Lordship.
I called by request at the State Departme , to-day, and Mr. Wharton asked me
informally to submit two alternative clauses to your Lordship.
A disclaimer is contained in the first clause of any admission of the liability of
Great Britain being implied from the tetms of the President's clause 7.
The second is a clause to be substituted for the President's clause, and is in the
sense of your Lordship's proposal.
The text of the two clauses follows : —
[See Inclosure 1 in Sir J. Pauncefote's despatch of October 23, 1891 :
Inclosure 1 in No. IGO, infra.]
Will your Lordship authorize me to inform the United States' Government that you
accept the second clause, in which case thev will at once propose it in answer to my note
of the 17th instant?
It will be left to further negotiation to settle the choice of Arbitrators and place
of sitting.
No. 143.
Memorandum by Sir G, Baden-Powell on the Limitation of the Number of Fur-seals to be
taken on the Pribyloff Islands in 1891. — {Received at the Foreign Office, October 20.)
Limitation exceeded.
BY Agreement between the United States and Great Britain not more than 7,600
seals were to be taken on the Pribyloff Islands in 1891.
2. On visiting the Piibyloff Islands in July and August 1891, the British Commis-
sioners found that since the opening of the season and up to the 4th August about 9,100
seals had been taken, rnd that it was in contemplation to kill about 2,900 more before
the close of the season, aking a total for the year of 12,000.
3. The explanation of this excessive killing is to be found in the interpretation
placed by the authoriti j in the seal islands on the terms of the modus vivendi of June
1891.
4. The clause (No. 2^ of the modus vivendi runs thus : " The United States' Govern-
ment will prohibit Beal-killing for the sar." period " (until May 1892) " in the same part
^1
IP'
i
^^r
94
of Behring's Sea, and on the shores and islands thereof the property of the United
States (in excess of 7,500 to be taken on the islands for the subsistence and care of the
natives). . . ."
Intention of United States* Government in imposing Limit.
5. The intention of the President of the United States in insisting upon this proviso
as to 7,500 is evident in the various statements officially made on beiialf of the United
States.
G. On the 25th April, 1891, the President instructed Mr. Blaine, the Secretary of
State, to inform Sir Julian Paunceibte : " . , . . Some seals must be killed by the
natives for food ; . . . . the lessees are bound under their lease .... to feed and
care for the natives, .... and for this service, a very expensive one, .... the lessees
should find their comoensation in taking a moderate number of seals."
7. Mr. Blaine, in his letter to Sir Julian Pauncefote of the 4th May, 1891, correctly
explains that under their lease the Company is bound to furnish to the natives —
(1.) Dried salmon.
(2.) Salt and barrels for preserving meat.
(3.) 80 tons of coal.
(4.) Dwellings in good repair.
(5.) Schools and teachers.
(6.) Church.
(7) Physicians and medical stores.
(8.) Necessaries of life for widows and orphans, aged and infirm, who arc unable to
provide for themselves.
8. 'Sir. Blaine adds : " The comfort, possibly the safety, of all these human beings
is dependent on the Company. ... If the Company shall .... be deprived of all
privilege of taking seals, they certainly could not be compelled to minister to the wants
of these 300 inhabitants for an entire year. If these islands are to be left to charity,
the iNorth American Company is under no greater obligation to extend it to them than
any other citizens of the United States. It evidently requires a considerable sum of
money to furnish the supplies named in the lease. ... if the lessees are not to be
allowed payment in any form for tlie amount necessary to support these 300 people on
the islands, they will naturally decline to expend it. . . . No appropriation of money
has been made by Congress for the purpose."
9. Mr. Blaine continues, in conclusion : " In this exigency the President (proposes
to) concede to the North American Company the right to take a sufficient number of
seals, and no more than sutHcient to reconi))ense them for their outlay in taking care of
the natives, and that .... all commercial killing of seals be prohibited pending the
result of arbitration. . . . The Secretary of the Treasury .... after full consideration
has limiteil the number to 7,500 to be killed by the Company to repay them for the
outlay demanded for the support of the 3U0 people on the Pribyloff Islands.
10. On the 0th June, 1891, Mr. AV barton, the Acting Secretary of State, writes
to Sir Julian Pauncefote : " I am directed by the President .... to inform Lord
Salisbury that .... in order to insure such control pending these negotiations, the
Agents of the Treasury Department who have been dispatched to the seal islands have
been instructed to stop the killing when 7,500 have been taken, and to await the arrival
of further orders ; though ordinarily the taking of seals on tlie islands does not begin
until about the 1st July The President is sure that Lord Salisbury will not
question the absolute good faith of this Government in observing its stipulation to limit
the catch to 7,600."
11. It is quite evident, therefore, that the total of 7,600 was to include all seals
killed for natives' food or for the purposes of the Company, as the skins in both cases
would become the property of the Company, and by their sale the Company would
recoup itself for the expenditure it was under obligation t. > make on behalf of the natives,
and also for any additional expenditure which it might incur in providing food for tlie
natives during the rest of the autumn and winter. But ail commercial killing of seals
was to be prohibited. In brief, the limit of 7,600 was to include all seals killed on the
islands within the year, the skins thus obtained being considered of sufficient value to
provide for all expenses incurred for the subsistence and care of the natives over a period
during which the prohibition of the usual killing would deprive the natives of their
means of earning a livelihood.
12. It is to be noted that the President and Mr. Blaine had been misinformed as to
the actual obligations of the Company under their lease. The Company is not bound
95
the United
care of the
I this proviso
if the United
! Secretary of
killed by the
to feed and
. the lessees
891, correctly
ives —
I arc unable to
human beings
deprived of all
er to the wants
left to charity,
it to them than
ierablo sum of
;s are not to be
300 people on
ition of money
idcnt (proposes
lent number of
taking care of
•d pending the
consideration
them for the
is.
State, writes
inform Lord
cgotiations, the
;al islands have
vait the arrival
does not begin
isbury will not
ndation to limit
IS
iclude all seals
._ in both cases
Company would
f oi the natives,
ng food for the
killing of seals
lis killed on the
(ficient value to
■es over a period
natives of their
isinformed as to
ay is not bound
** to feed the natives," nor is the " safety of the natives dependent on the Company."
In reality the State alone is responsible if by an act of State the natives are deprived of
their means of Uvelihood and threatened with starvation.
Oovernment Action on Islands.
13. It is also to be noted that Colonel Murray, the Sub-Agent of the Treasury i\
charge of the islands, informed the British Commissioners on the 19th August, 1891, at
St. Paul Island, that the Company had already made a charitable advance of 2,700 dollars
to the natives towards their winter's support, but that he had informed the Company that
ho was authorized to provide the natives during the rest of the year with everything that
they really required, at the GovCxi;;.:?nt expense, and that therefore the natives might
spend the Company's advance on whatever they pleased. He also explained to the
Commissioners that the Treasury was formally committed to such expenditure, and that
the money would be provided out of the general vote, which would be passed in the
usual course by Congress in the Appropriation Act.
14. Colonel Murray also stated that absolute orders had been made to stop this year
all killing of seal pups, which in previous years had provided the natives with 4,000 or
6,000 carcasses for food, and also to stop all killing of " blue " foxes, which had hitherto
afforded wages to the natives during the winter.
It), This year there will necessarily be a shorter supply of seal meat, as comparatively
few seals have been killed ; but there are still many to be killed for winter storage, and
there will be no check on the other ordinary local food supplies, viz,, sea lion, fish, and
birds.
Action of Company on Islands,
16. Both at St. Paul and St. George I examined the stores, and found that the
Company, in anticipation of the winter's needs, had ample stocks of provisions, special
in some cases, including salt salmon, beef and pork, flour, biscuits, sugar, and tea.
17. In regard to the cost of providing for the natives, Mr. Tingle, the Company's
energetic Superintendent, informed me that he was authorized to expend up to
26,000 dollars (6,000/.), but that he did not anticipate a much greater expenditure
than 16,000 dollars (3,200/.) to 18,000 dollars (3,600/.) to completely provide for the
natives during the coming winter. This estimate gives about l.s. per day per man,
woman, and child for food and necessaries, and is exclusive of housing and fuel, nor does
it include such wages as may have been earned already or may yet be earned in seal-
killing, house - painting, and other work on which it is contemplated to employ the
natives. Mr. Tingle added that if the Company chose to refuse supplies the Govern-
ment vap bound to supply them, but that he had special instructions, if necessary, to
provide for all the needs of the natives, and that he was prepared so to do.
Financial Results,
18. In regard to the actual number of seal-skins available to meet this expendi-
ture, I found, after careful examination of the books of the Company and Government,
and inquiry of the oflScials, that the approximate numbers were as follows : —
On stock from lost yenr (1890)
Killed before IStli Juno, 1891
Killed between 15th .ind 20th June
KilUd between 20th June and 4th August
To be killed in autumn . .
Total skiDB available (1891) ..
3,J00
4,500
3,000
1,600
2,900
15,500
The stock brought over from the previous year comprises the skins taken in excess
of that year's permitted quota, and is customarily carried to the account of the next
year's quota. The estimated number of 4,500 killed before the 16th June, 1891, was
made by the Treasury Agent, and would leave 3,000 killed before tiie 20th June, on
which day there is 'entered in the official Government log the note, "This killing filled
the quota of 7,500."
The Treasury Agent informed mo that he was permitting a total of 7,600 to be
killed after the Ifith June, so that there remained 2,900 to be killed in the autumr;
j seeing that 4,600 had been killed between the 16th Juue and the commencement of
the " atagey " sooaon early in August.
'.',: I
^ -f :
' i
■
'J-
i f
■PBPi^iP
19. The Company will thus have for sale this year not less thau 15,000 skins, of a
probable value, at 20 dollars the skin, of 300,000 dollars (60,000/.), about one-half of
which would accrue to the Government for taxes. The expenses on the islands, on
behalf of the natives, would not exceed 5,000 dollars (1,000/.). The additional
expenses of providing food for the nai'wes, which the Government of the United States
have undertaken, are estimated not to exceed a total of 20,000 dollars (4,000/.).
20. The Government of the United States are presumably entitled to insist that
the quota for this year had been fixed at 7,600, with the special objects of defrayinnj
certain expenses, and of preventing any killing for purely commercial purposes, and
that therefore any skins accruing to the Company in excess of this 7,500 must be
stored to the account of next year's quota. Even if this rigid view were taken, the
Company would secure a trade revenue of 15,000/. to cover an expenditure of 1,000/.,
while the Government would receive a tax revenue of 15,000/. to cover an expenditure
of 4,000/. But if this reservation be not insisted on, the respective revenues would
yield net profits to the Company of 29,000/., and to the Government of 26,000/., a
result ccrtaiuly not contemplated by the President.
Action of Treasury Agent on Islands.
21. In regard to the action of the local United States' authorities, I found that
Major "Williams, the Treasury Agent for the PribylofF Islands, before leaving San
Francisco for the islands, that is before the 27th May, 1891, had been instructed to
keep the Company's quota of skins under 7,500 until further orders. Subsequently he
was instructed, by telegraph, to "modify his instructions in accordance with the
Proclamation." On the 20th June he recorded in tiie official log that the Company's
quota of 7,500 had been reached. He permitted, however, two killings to take place for
" food skins " on the 25th and the 29th June, yielding 609 skins, before he received
the Proclamation on the 2nd July. The Treasury Agent did not seem to be aware
that all accepted food skins are placed to the account of the Company's quota.
On receipt of the Proclamation, Major Williams, having no other instructions, stopped
all killing, and, as he told us, thought the matter over for three days, consulting with
Captain Cotton, the United States' Senior Naval Officer in Behring's Sea, and others.
He came to the conclusion that the limit of catch was to be within the period between
the signing of the modus vivendi and May 1892. Between the 15th June and the
6th July about 3,600 skins had been token, and Major Williams decided that 3,900
more Si.ins were to be taken before ne May. Up to the beginning of August, when
the skins became "stagey " and unmarketable, about 1,000 more skins had been taken,
leaving a total of 2,900 skins to be taken in the autumn, after the "stagey" season
ends in November.
22. On discussing the matter with Professor Mendenhall and Dr. Merriam, the
Behring's Sea Commissioners (designate) of the United States, we found they had
talked over matters with the local officials, but had no previous knowledge of the subject
or of the correspondence in which the President's intention was expressed. On the
6th August, 1891, Dr. Merriam again opened the subject to me, saying tliat Colonel
Murray had explained that only 6,000 had as yet been killed, adding, " Of course it only
means alter the date of signing the modus vivendi" Professor Mendenhall, chancing to
come up at the same time, concurred in Dr. Merriam's view. In reply to my inquiry
they did not know that Major Williams had been instructed on the 27th May, on his
way to the islands, to stop killing at 7,500 ; nor that in the official log was the entry on
the 20th June, " This filled the quota of 7,500."
23. It would therefore appear that the United States' authorities on the islands had
not been in any way specially instrricted beyond the clear order given on the 27th May,
1891, long antecedent to the loth J^une, to stop killing when 7,500 had been taken — an
order obviously in keeping with the agreement come to preliminary to the signing of tiie
modus vivendi, that on the President's suggestion the Company should be permitted this
year to take 7,600 skins and no more, and these only for a specific purpose.
Summary,
24. Mr. Blaine wrote on the 4th Ma/, 1891 : " The President cannot leave these I
worthy and innocent people to the hazard of starvation, even to secure any form of
agreement with Lord Salisbury touching seal life." The President therefore suggeslas
and Lord Salisbury accepts, the proviso that the Company should bo allowed, in the word,
of the President; " to take a sufficient rumber of seals, and no more than sufficient, to
30 BkinB, of a
t one-half of
le islands, on
lie additional
Jnited States
)0l.).
to insist that
} of defrayinn;
purposes, and
,500 must be
ere taken, the
ire of 1,000/.,
in expenditure
evenues would
of 26,000i., a
8, 1 found that
re leaving San
1 instructed to
Subsequently he
lance with the
, the Company s
;o take place for
ore he received
m to he aware
quota.
ructions, stopped
consulting with
Sea, and others.
period between
h June and the
lided that 3,900
of August, when
had been taken,
'stagey" season
)r. Merriam, the
found they had
ge of the subject
)ressed. On the
ing that Colonel
Of course it only
ihall, chancing to
y to my inquiry
27th May, on his
was the entry on
)n the islands had
on the 27th May,
been taken — an
the signing of the
be permitted this
pose.
annot leave these
icure any form of
lerefore suggestss
owed, in the word,
than sufficient, to
m
recompense the Company for their outlay in taking care of the natives." Major
Wjlliams, the particularly able Treasury Agent on the islands, was placed in a position
of much comple.xity and difficulty, and decided to the best of his judgment. Indeed,
faith, it was entirely due to the
that the remarkable results above
market value of 30,000/. to defray
secures a tax revenue o.' 30,000/. to
every one concerned has acted in perfectly good
meagreness nnd misunderstanding of instructions
detailed have been brought about.
In a word, the Company receives skins of a
expenses not exceeding 1,000/. The Government
meet expenses not exceeding 4,000/. •
25. It is a matter for much satisfaction that there are thus secured funds njore
than ample to provide for •' the subsistence and care of the natives." It is a matter
for regret that when, with a view to the preservation of seal life, an agreement had
been come to to prohibit for this year, so far as possible, the killing of fur-seals, there
should have been sanctioned on the Pribyloff Islands the killing of 4,500 seals in excess
of the very liberal limit pernitted under the Agreement.
The disposal of the excess of skins thus obtained is a matter for the immediate
consideration of the Governments concerned.
iSistned) GEORGE BADEX-POWELL.
August 10, 1891.
^' 0.144.
. The Marquis of Salisbury to Sir J. Pauncejoit.
(I'elegraphic.) Foreign Office, October 20, 1891.
I HAVE received your telegram of the 19th instant, containing the text of
two alternative clauses suggested by the United States' Government with regard to the
submissiori to arbitration of claims for compensation arising out of the killing of seals
in Behring's Sea.
You are authorized to accept the second of the two clauses proposed.
No. 145.
Sir J. Pnuncefote to the Marquis of Salisbury. — {Received October 20.)
(Telegraphic.) Washington, October 20, 1891.
ilEFERRlNG to your Lordship's telegram of to-day, I presume that there ia no
objection to the Joint Commission Article being also signed by me.
No. 146.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, October 21, 1891.
I'OU are authorized to .sign the Article providing for a Joint Commission to
investigate the facts relating to seal life in Behring's Sea, as suggested in your telegram
of the 20th instant. • ,
No. 147.
Sir J. Pauncefote to the Marquis of Salisbury, — {Received October 22.)
My Lord, Washington, October 12, 1891.
IN my despatch of the 4th September last I had the honour to report that,
in accordance with your liordship's instructions, I addressed a note to the United
States' Government calling their attention to the violation of Article 2 of the Behring's
Sea Agreement for a modus vivendi, signed on the 15th Juno last (which limited the
killing of seals on the islands until May 1892 to 7,500), and expressing the conviction
of Her Majesty's Government that the President would not countenance any evasion of
the true spirit of the Agreement, and would take the necessary measures to insure its
strict obserrance.
[572]
(8
Ml
^I^H^
Mm
MMPIIi
P
I have now the honour to inclose copies of that note, uxi of the r6ply Of the
United States' OuTemment, which I received on the 10th instant. In transmitting these
documents I venture to submit to your Lovdship the following observations. '
No question can reasonably arise as to the meaning of the Agreement as understood
by the two Governments. Your Lordship will remember that when Mr. Blaine first
proposed a reservation of 'he right to kill a limited number of seals on the islands for
the care and subsistence of the natives, I objected to the suggestion as detracting from
the principle of equality which was a feature of the original proposal. Mr. Blaine, in
his note to me of the 4th May, 1891 (of which a copy was inclosed in my despatch
of the 5th of that month),* dwelt at great length on the various grounds, princi-
pally humanitarian, upon which the proposal was bdsed, and concluded as follows : —
" In this exigency the President instructs me to propose to Lord Salisbury that lie
concede to the North American Company the right to take a sufficient number of eeals,
and no more than sufficient, to recompense them for their outlay in taking care of the
natives, and that, in the phrase of the President, all ' commercial killing of seals be
prohibited pending the result of arbitration.'
" The Secretary of the Treasury has a right to fix the number necessary to the end
desired. After full consideration, he has limited the number to 7,500 to be killed by
the Company to repay them for the outlay demanded for the support of the 300 people
on the Piibyloff Islands."
Her Majesty's Government consented to the reservation, on the terms and for the
purposes above mentioned, and, in the course of the further negotiations, they pointed
out that " it was on the fidelity with which the condition of not killing more than 7,500
seals was observed that the equality of the proposed Agreement- depended," They
therefore asked for facilities for the supervision by British agents of the proceedings of
the Company on the seal islands. To this the Acting Secretary of State, in his note to
me of the 6th June, 1891 (of which a copy was inclosed in my despatch of the 9th June),
replied as follows : —
" He " (the President) " directs me to ask you to remind Lord Salisbury that the
limitation of the killing of seals upon the islands is absolutely within the control of the
United States, as a daily count is made by sworn officers, and to inform him that
already, in order to insure such control pending these negotiations, the agents of the
Treasury Department who have been dispatched to the seal islands have been instructed
to stop the killing when 7,500 have been taken, and to await the arrival of further
orders ; though, ordinarily, the taking of seals on the islands does not begin until about
the 1 st July. The enforcement of an agreed limitation being so fully in the control of
the United States, the President is sure that Lord Salisbury will not question the
absolute good faith of this Government in observing its stipulation to limit the catch to
7,300."
The two Governments therefore agreed that, up to May 1892, only 7,500 seals
should be killed for the support of the 300 people on the PribylofF Islands, and that all
" commercial killing " (to use the language of Mr. Blaine) should be stopped. It is
important to note that the agents of the United States' Treasury Department, who had
been dispatched to the seal islands long before the signature of the Agreement, had
been instructed as far back as the 27th May " to stop the killing when 7,500 had been
taken."
The following arc the Articles of the Agreement relating to the restriction on tho
killing of seals : —
" 1. Her Majesty's Government will prohibit, until May next, seal-killing in tliat
part of Behring's Sea lying eastward of the line of demarcation described in Article I of
the Treaty of 1867 between the United States and Russia, and will promptly use its best
efforts to insure the observance of this prohibition by British subjects and vessels.
" 2. The United States' Government will prohibit seal-killing for the same period in
the same part of Behring's Sea, and on the shores and islands thereof the property of the
United States (in excess of 7,500 to be taken on the islands for the subsistence and care
of the natives), and will promptly use its best efforts to insure the observance of this
nrohibition by United States' citizens and vessels."
It is difficult to understand by what process of reasoning the United States'
Treasury Agent at the seal islands can have come to the conclusion that he was
authorized under the above Agreement to permit the killing of 12,071 seals.
Sir George Baden-Powell and Dr. Dawson, the British Commissioners sent to
Behring's Sea, in a telegram from the Frihylofi Islands dated the 5th August, reported
• See " UaiUd Statei No. 3 (1891)," p. S.
J *
reply otthe
nitting these
t9 understood
. Blaine first
le islands for
racting from
(ir. Blaine, in
my despatch
mnds, princi-
Uows : —
sbury that he
iber of eeals,
g care of the
g of seals be
iry to the end
» be killed by
he 300 people
ms and for the
i, they pointed
ore than 7,500
3nded," They
proceedings of
, in his note to
the 9th June),
[isbury that the
! control of the
form him that
; agents of the
seen instructed
•ival of further
;gin until about
1 the control of
t question the
nit the catch to
nly T.rjOO seals
ids, and that all
stopped. It Ik
tment, who liad
\greement, had
7,500 had been
istriction on the
■killing in that
^ in Article I of
ptly use its best
vessels.
same period in
5 property of thi-
istence and care
servance of this
United States'
on that he was
als.
jsioners sent to
A.ugu8t, reported
99
to your Lordship that this year's catch of seals bad already considerably exceeded the
number of 7,600, the limit fixed in the Agreement ; and, in a despatch of the same date,
they stated that at St. Paul they had been informed that the Treasury Agent had been
instructed, as far back as the 27th May, to keep the quota of seals taken by the
Company under 7,600, and that en route to the islands he was advised by telegram to
interpret his instructions in accordance with the United States' Proclamation, which
embodied the Agreement of the 15th June verbatim. This accords entirely with what is
stated in the Acting Secretary of State's note to me of the 6th .June, which I have
(|uoted above.
The British Bohring's Sea Commissioners, in their despatch above referred to, state
that the Treasury Agent, Major Williams, arrived at the Pribyloff Islands on the
10th June, and that, on the 20th June, the quota of 7,500 seals having been killed, he
stopped all further killing for the Company.
Up to the 20th June, therefore, the Treasury Agent entertained no doubt as to the
limit of seals to be killed, and as to his instructions and his duties under the Agreement.
It was only when a copy of the President's Proclamation arrived at the islands on the
2nd July that he entertained doubts as to whether he ought not to allow 7,600 seals
to be killed from and after the 15th June, the date of the signature of the Agreement,
ignoring all the killing of seals whi(;h had taken place prior and up to that date. On the
28th July he imparted his doubts to the British Commissioners, who replied, on the
aOth, in writing, that, in their opinion, the intention of the two Governments, as
conveyed by Article 2 of the modus vivendi, was that, on the part of the United States'
Government, the stipulation would be strictly observed to limit the catch this season to
7,500 seals, and to stop the killing when that number had been taken. A copy of that
lett^ is inclosed in the despatch of the British Commissioners.
Nevertheless, Ma,jor Williams read the Agreement othenvise, although it in no wa^'
conflicted with his previous instructions, but, on the contrary, entirely confirmed them.
The consequence of this proceeding on his part is given in detail in the reply of the
United States' Government to the complaint of Her Majesty's Government. ;•.••,■:
The numbers of seals killed are as follows : — ; ', ..
From 1st May to 10th June . .
From 1 1th to 15th June ..
From ISth June to 2nd July . .
From 2nd July to 10th August
Permission given to kill in addition
Total
1,651
2,920
4,471
1,796
1,233
12,071
The United States' Government do not in terms deny that there has been a violation
of the Agreement. They content themselves with transmitting the explanations of the
Treasury Agent, and expressing the hope that they will convince Her Majesty's Govern-
ment that there has been no disposition on his pai . to violate the stipulations of the
Agreement.
I have, &c.
(Signed) JULIAN
PAUNCEFOTE.
Inclosure 1 in No. 147.
Sir J. Pauncefote to Mr. Blaine.
Sir,
Newport, R.I., August 26, 1891.
IN accordance with instructions which I have received from the Marquis of
Salisbury, I have the honour to inform you that the British Behring's Sea Commis-
sioners have reported; in a communication dated from the seal islands on the 5th
August, that they find that this year's catch of seals already materially exceeds 7,500,
and that the United States' Agent permits the killing of seals to continue, assuming
that the limitation agreed upon commences from the date of the signature of the modus
vivendi.
In bringing this information to your notice, I am at the same time instructed to
express the conviction of Her Majesty's Government that the President will not
countenance any evasion of the true spirit of the Agreement, and that he will take
whatever measures appear to him to be necessary to insure its strict observance.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
[672]
O 2
Ih.
I I
>^'
]r.
i'
i '■ i
;'■ (
J
;
'I 1 ' ,■
i I i i • '!
"Mi
I
^! Ii'
' .
:
;■ . .
; '
\ ;■ 1
1 '■
1
'' i ■
% %":
\ •
:s< i :
''' . '
i ;^:
I.
'mm^
100
Inclosurc 2 in No. 147. ' '*
Mr. Wharton to Sir J. Pauncefote.
'i '>' '> •;'■.
Sir, Department of Stale, Washington, October 10, 1891.
IT is a source of regret that an answer has heen so long delayed to your note of
the 26th August last, relating to the communication of the British Bchring's Sea
Commissiuncrs as to the alleged killing of seals on the seal islands in excess of the
number fixed by the Agreement of the 16th Juno last. This delay has been occasioned
by the necessary of receiving from the United States' Agent in charge of the islands a
full Beport on the subject.
The Agent reports that he reached the islands on the 10th day of June last; that
from the 1st January to the 1st May, 1891, nc seals were killed on the islands; and
that from the IstMay to the 10th June, the date of the Agent's arrival, there were
killed by the natives for food 1,661 seals. On the morning of the 1 1th June the Agent
gave permission to the lessees to commence killing under the Contract with the Govern-
ment of ths United States, and he states that, from the 1 1 th to the 1 5th June, 2,920
seals were killed ; and that, from the 15th June to the 2nd July, the date of the arrival
of the steamer " Corwin," bringing the Proclamation of the President of the United
States, containing the notice and text of the modus vivendi, there were killed 4,471
seals. From the 2nd July to the 10th August there were killed, for the use of the
natives an food, 1,796 seals ; and, on leaving the islands, the Agent gave instructions
to limit the number to be killed by the natives for food up to the 1st May, 1892,
to 1,233.
The instructiops of the Secretary of the Treasury to the Agent, received by the
steamer " Corwin," were that, if in any way his previous instructions were inconsistent
with the President's Proclamation and the Agreement embraced in it, he should be
governed by the latter. The Agent reports that, after careful consideration of the
text of the Agreement, he decided that the seals killed since the 15th June, the date
when that instrument was signed, should be deducted from the 7,500 named in
Article 2, thus leaving 3,029 seals to be taken " for the subsistence and care of the
natives " from the 2nd July, 1891, to the 1st May, 1892. He says that, in his desire to
carry out witlj absolute correctness the modus vivendi, he consulted the two United
States' Commissioners, Messrs. Mendenhall and Merriam, the Commanders of the
United States' vessels " Mohican," " Thetis," and " Corwin," the United States' Special
Agent, and the Special Inspector, and that they all concurred in bis interpretation of
paragraph 2 ot the Agreement : that seals killed prior to the 15th June did not form
part of the 7,600 named in the modus vivendi. He further says that, in his first
meeting with the British Commissioners, Sir George Baden-Powell and Dr. G. M.
Dawson, on the 28th July, he submitted the same question to them. Their reply was
tbit it was the understanding of the British Government that only 7,500 seals should
be taken during the season, but on examining the text of the Agreement, they admitted
that the Agent's interpretation of it was cor.'*ect. This statement as to the views of the
British Commissioners is confirmed by the Report of Professor Mendenhall.
The Agent claims that his action is not only strictly in accord with the language of
the Agreement, but with the true intent and spirit of the same, as he understood that
intent and spirit in the light of all the facts in hi.s po3session. He understood that the
object of the Agreement in allowing 7,600 seals to be killed was for the subsistence and
care of the natives." The 1,061 seals killed by the natives for food from the 1st May
to the 10th June were almost immediately eaten by them, as is their custom after the
scanty supply of meat during the winter and spring months, and no part of these seals
was salted or preserved for future use. During the killing season by the lessees, under
their quota for commercial purposes, the natives are kept very busy, and have no time to
prepare meat for future use, and only so much is used for food as is cut jfF for present
use ; so that the seals killed between the 10th June, when the season commenced, and
the 2nd July, when the notice of the modus vivendi was received, were not available for
the future subsistence of the natives. As stated, there only remained 3,029 seals to • i
taken for their subsistence from the 2nd July, 1891, to the 1st May, 1892. The Agent
cites the fact that, from the close of the commercial killing season of 1890 on the
20th July, there were killed by the natives for food up to the 31st December, 1890,
6,218 seals, including .1,4(58 pup seals, the further killing of the latter being now
prohibited. It was plain to the Agent that, under the construction which he had placed
upon the modus vivendi, the supply of meat for the natives during the coming winter
would be entirely inadequate, and before his departure from the islands he called upon
— iin», m
ober 10, 1891.
[ to your note of
I Behring'a Sea
in excess of the
been occasioned
of the islands a
June last ; that
;he islands; and
•ival, there were
I June the Agent
with the Govem-
I5th June, 2,920
ite of the arrival
nt of the United
rere killed 4,471
• the use of the
gave instructions
. 1st May, 1892,
, received by the
were inconsistent
it, he should be
sideration of the
h June, the date
7,500 named in
I and care of the
it, in his desire to
. the two United
Timanders of the
ed States' Special
interpretation of
June did not form
that, in his first
and Dr. G. M.
Their reply was
7,600 seals should
jnt, they admitted
the views of the
nhall.
th the language of
e understood that
nderstood that the
!ic subsistence and
from the Ist May
custom after the
mrt of these seals
the lessees, under
id have no time to
ut jff for present
n commenced, and
not available for
d 3,029 seals to ' i
1892. The Agent
of 1890 on the
December, 1890,
latter being now
hich he had placed
the coming winter
ds he called upon
n
•101
the lessees to bring in a sufficient supply of salt beef to carry the natives through the
winter and up to the Isl Mav lGi)2.
The Agent had no means of determining tlie scope and meaning of the phrase of
the Hritish Commissioners as used in your note, " this year's catch," or " the catch of
this season," as used in their communication to liim dated t!in 30th July, except by the
interprclntion to be given to tlie text of the modits vivencU, as contained in paragraphs
1 and '2. The " same period," found in paragraph 2, he understood to refer to the period
within which the British Government undertook to proiiibit seal-killing in Behring's Sea.
The British Commissioners informed the Agent that, as to the British Government, this
period did not begin until a reasonable time after the lotii June (the date of ^igning),
sufficient for the naval vessels to roach the sea. The Agent interpreted the paragraphs
cited as mutually binding, and ho could not assume that it would be claimed tliat their
provisions were to take effect on one date in the intercKt of the British sealers, and on
another in the interest of tiic United States.
1 have thus taken pains to communicate to you in some detail the action of the
Agent of tlie United States on the subject complained of by tlic Britisli Commissioners,
and I hope what has been set fortii will convince your Government that there has been
no disposition on the part of the Ajjent to evade or violate the stipulations of the
Agreement of the loth June last.
I have, &c.
(Signed) WILLIAM F. WHARTON,
Aclimj Secretary.
No. 148.
Sir J. Pauncefote to the Marquis of Salisbury, — (Received October 22.)
My Lord, Washington, October 13, 1891.
WITH reference to my telegram of yesterday, I have the honour to inclose
copy of a semi-official note which I have received from the Acting Secretary of State
pressing for a reply to his note of the 23rd July last, which contained the form of
clause proposed by the United States' Government for the settlement of claims for
damages to be inserted in the Behring's Sea Arbitration Agreement, together with a
copy of the semi-official note which I have sent him in reply.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 1 in No. 148.
Mr. Wharton to Sir J. Pauncefote.
.My dear Sir Julian, Department of ^tate, Washington, October 12, 1891.
ON the 23rd July last I wrote you a note presenting a proposal for the settlement
of claims for damages, which was to form part of theproposed Agreement of Arbitration
of certain matters affecting the seal fisheries in Behring's Sea.
On the 22nd August I wrote requesting you to be kind enough to inform me when
an answer to my note migiit be expected. On the 21tli August you wrote mo acknow-
ledging the receipt of mine of tlie 22nd August, and expressing the hope that you would
be in a position to reply to my note of the 23rd July in the course of the next tow days.
More than ten weeks have elapsed since sending you my note of the 23rd July, and no
answer to it has yet been received.
The President is very desirous to have a conclusion reached in the negotiations
concerning the Behring's Sea matters, and has requested me to draw your attention
!ii>ain to the importance of an early reply to his latest proposal.
The period fixed by the Agreement for a modus vivendi expires on the 2nd May
next. The time within which it is hoped to obtain a final settlement of the questions in
dispute between the two Governments is fast going by, and the President feels that if
any effective action is to be had in the matter before the next fishing season opens, all
the terms of the Agreement of Arbitration should be disposed of immediately.
Very truly yours,
(Signed) WILLIAM F. WHARTON.
I 'I'
I i|!'
Inclosure 2 in No. 148.
Sir J. Pauncefote to Mr. Wharton.
My dear Mr. Wharton, Washington, October 13, 1891.
ON receipt of your letter of yesterday asking for a reply to your note of tlio
23rd July last, containing a form of clause proposed by your Government; to be inserted
in the Ikhring's Sea Arbitration Agreement, to settle tlie long-debated question of
damages, I telegraphed to Lord Salisbury for further instructions, informing him of tlie
substance of your communication.
1 understand tluit his Tjordship is expected in London this week from the south of
Europe, and 1 shall probably, therefore, receive an answer to my telegram before many
days.
Although, as you observe, more than ten weeks have elapsed since the date of your
ofUcial note above referred to, I need hardly remind you that the intervening time has
been taken up with informal discussions between us with a view to finding a solution oF
tlie difficulty without unduly lengthening the official correspondence. This informal
interchange of views, which, no doubt, had the approval of the President, has not been
without advantage in throwing light on the troublesome question which still impedes the
conclusion of the Agreement, and I now hope I may soon be in a position to resume tlic
official correspondence.
I am, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 149.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received October 23.)
(Telegraphic.) Washington, October 23, 1891.
WITH reference to your Lordship's telegram of the 20th instant, formal notes have been
exchanged between Mr. Wharton and myself recording the adoption of the seven Articles
of the Behring's Sea Arbitration Agreement as formally settled by both Governments.
Copies are sent by post.
No. 1/50.
The Marquis of Salisbury to Mr. Howard.
Sir,
Foreign Office, October 23, 1891.
WITH reference to your despatch of the 29th July last, I transmit herewith
a copy of a despatch from the Behring's Sea Commissioners recording their high
appreciation of the manner in which they were received by the Kussian authorities
at the Commander Islands and Petropaulowski.* I have to request you to convey to the
Russian Government the thanks of Her Majesty's Government for the courteous
reception accorded to the British Commissioners by the Eussian officials.
I am, &c.
(Signed) SALISBURY.
No. 151.
Colonial Office to Foreign Office. — {Received October 27.)
Sir, Downing Street, October 26, 1891.
WITH reference to previous correspondence, 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, inclosing a Memorial to Lord Salisbury
from the British Columbian Sealers' Association.
I am, &c.
(Signed) ROBERT G. W. HERBERT.
No. 140.
SALISBURY.
J. HERBERT.
108
Inolosure I in No. ISl.
Lord Stanley of Preston to Lord Knutaford.
My Lord, Government House, Ottawa, October 3, 1891.
I HAVE the honour to transmit to your Lordship herewith a copy of an approved
Minute of the Privy Council of Canada, submitting a Memorial addressed to Her Nfajesty's
Principal Secretary of State for Foreign Affairs by the Sealers' Association of Victoria
with reference to the loss occasi(> icd to Canadian vessels by reason of the enforcement of
the modus vivendl, together with copy of the reply of the Minister of Marine and Fisheries
to the representations of the Association.
I have, &c.
• (Signed) STANLEY OF PRESTON.
Inclosure 2 in No. 151.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency the
Oovernor-General in Council on the 29th September, 1891.
ON a Report, dated the 19tli September, 1891, from the Minister of Marino and
Fisheries, stating that he has received the appended letter from Mr. Richard Hall,
Secretary of Victoria Sealers' Association, covering a Memorial signed by the owners,
managing owners, and agents of the Canadian scaling fleet, addressed to the Right
Honourable Her Majesty's Principal Secretary of State for Foreign Affairs.
This Memorial represents the position of the Canadian sealing fleet as affected by the
modus vivendi in Behring's Sea during the present season.
The Minister also submits a copy of his answer to the Secretary of the Association
thereto.
The Committee, on the recommendation of the Minister of Marine and Fisheries,
advise that your Excellency be moved to forward copies hereof, together with the Memorial
in question, to the Right Honourable the Principal 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. McGEE,
Clerk of the Privy Council.
Appendix (A).
Office of the Victorin f^ealera' Association, Victoriii, B.C.,
Sir, September 1, 181)1.
On behalf of the Sealers' Association of Victoria I do myself the honour to transmit lierewith a
Memorial addressed by them to tlie Imperial Oovernnient, and most respectfully to rc([uest that you
will be pleased to forward it in the pro])er conrso, accompanied by such representations on the part of
the Dominion Government as you may deem proper.
2. Altliough it may ap])ear at first aij,'ht that a larj»e sum would be involved in grantini:; our
prayer — some of the vessels liaving been ordered home before they entered Behring's Sea, and eotise-
ipiently witliout any eatcU at all, and others very shortly after entering, when their catch was small —
some are now returning with full average catches, whose claim will consequently be nil, and it is to b<)
presumed that many others may follow, equally fortunate, so that in all probability the amount
re(piired to meet our claims, altbougli to us of very material importance, will to the British Govern-
ment be comparatively insignificant.
3. We cannot, of course, give a complete list of our exact claims until all our vessels have
returned, but will then forward them promptly.
4. Permit me to remind you. that in 1 885, when the Canadian Government excluded tlio United
States' fishermen from participation in Canada fisheries, si.v months' notice was given, whereas no such
I'ourtesy was extended to us.
5. I am further directeil to convey to you tlie expression of our grateful appreciation of the
full and energetic manner in which you have hitherto supported our interests, and of our hope that
you will feel justified in fully indorsing and urging the prayer of our present Memorial.
6. If you will be so goo<l as to afford us any advice or suggestions wliich may occur to you as to
any further steps which we can take in this matter, we will feel duly grateful. , . ■ .
I have, &c.
(Signed) EICHARD HALL,
Secretary to the Victoria Sealers' Association,
The Hon. the Minister of Marine and Fisheries.
m
t •(
I !•■
104
Appendix (U).
Mtmorial.
To till) ^ToRt Notila tlio MiiniuiH of SaliNbury, K.O., llor Miijuaty'a Priiicipal Sucrotary of Stato fur
Korui);n AfFiurfl, I'roinicr.
Tho liumlilu Mumoriul of tlio iimluroij^mMl ItriliHli Coliiiiibia Ship-ownurs inturcstud in Fur-seal
liiintiii^',
Most rt'spcrt fully Rhowctli :
TImt. your iiiiMiioriuliHU di'siro to iipproncli your {.ordsliip with aHHiiriiiivofl of tlu'ir loyalty to tlir
BritiHJi ('rowii, tliuir att4kuhuiunt to tliu institutiouH uf tliuir country, u!i(l tliuir personal rvHpoot for yuur
Lonlnliip.
Tliiit, (■liorisliiii;; niicIi HoiiliiiKiMt.H, your niiMnoriidlHtn Imvoviowod with surpriHO nnd pain tho roconl
artion III' till' liiiprriiil (iovimiiiuciiI in iloulin^' with thoir intcrcstH.
'I'liiit nil Art prohiliitinv; C'lr-Hriil huntin)^' in lloliriiiK'n Son Imn honn pnHHOil through Parliament,
and hiH ri'i'i'ivi>il tin* h'nyiil AHMoiit with unuNual hiiHlc, wIiiimi' cUVrt Iiuh Iiimmi to ])rolnrt a larKo ]iolitico-
coniiiiiMvial nunuipoly, Itolonging to a foruit^n Statt^ at tho ox|Mtn8o and to tho HuriouM dotriinunt of
Uritisli iuti'vi'siM.
That your nicniorialiHlM ro^rot that you can havo no ('onlidonro in tho sini-crity of tho irnitcil
Stttto.s' (liivornniunt in ilosirin^' tho iirotcution «f fur-Ni>al.s inaHnnivh an they havo novor niado any
oflbrt to pri'MiM'vo aninud lif« from tho lioiMii'o of thuirown ci..izonR.
Thiit lit llio ]ir('Mt'iit timo tlioy iiro conniving; at tho rxtorminntiim of tho whidu and thn wm-ottor,
Canadian li.slu'rmcn having' no )mrt or hIiiiio in thimo iiiduNtrii'H, and that your niiMiiorialistN confldontly
buliovo that, had not (!aiiailiaii!i Hhiircd in tho fur-Hual tlMhory, no complaint ol oxtormination would
ovor havo lioon lunu'd of liy tho imldic.
That Hiirli (lovornmoiit, jud^;oil hy its netionn, han ostikblixhod little claim to any (roncrogity or
forbcaraiii'o on tho ]iart of tho llritish, hut moro ONpooially of tho ('anadian |hio]i1o.
'riial tlio allocation pulilioly mailo hy a iinmiinont statuHiuan that tho Viotorin, Itritixh Columbia,
fnr-soal indiist ry Im lar^joly ooiidurtod by Amori.'.ni ':;ipital anil ontvrprisu, in, go far as your momoriulista
arc oiiiu'oniod, alwulutoly orroiiooiis ami without finiuilation.
That your niomoriulists havo soon, with humiliation and sorrow, tho <la>» of thoir nmntrj', to which
thov havo over lioon aooustomod to hiok for jirotoction, porvorlud on tho ImlioHt of a foroi};n I'owor frimi
itg lo);itimato function ; into an instrument of ojiprossion, and your mnmorialiHtg havo iMiun driven from
their lawful avocations on tho hij»li seas with tho loss of tho entire scnson.
That in the year 188(1 vessels, tlio jiniiiorty of your memorialists, wore seized by tho American
cruizors on the hifjli seas, upwards of tiO miles distant from land, their iirojierty confiscated and their
crews imprisoned, tho hardships and cruelties (unworthy of a civilized nation) gulfered by them resultinf;
in tho dontli, duriiif; his custody, of the captain of one of tho vessels, and that to this day the losses and
indiu'iiitios omlurcil by your memorialists riMnain unredressed.
That the iillo^ed diminution in the number of seals is, if true (althoujjh every ovidenee proves the
contrary), far more likely to have resulted from the oiieratioiis of the lessees of the rribylolT Islands in
8laU}jlitoriiif» lliom by hundreds ol thousands at their broodins-phicos, than from tho comparatively
insifiniticaiit oponitions of your niomorinlists, scattered over a vast area of tho I'licitic Ocean.
That under all tho circumstances of the case, your memorialists liiivinj; been dojirived of tho profits
of their whole season's business, for which they were perniitted to clear at llritish Custom-houses, moat
earnestly appeal to your Ixirdship's sense of right and justice to grant them compensation for their
losses.
That it is the custom of tho t:;tdo to pay hunters engaged in it at a rnto of so much per skin for
all skins taken, nnd sailors at so much per mouth, tho voyage generally lasting until about tho end of
September.
That many of your memorialists' vessels have been in port for weeks, their voyage ended, and
crews I'aiil oil' at rates wholly inadequate to their winter maintenance, and in many cases insunicient
to pay their passages back to Kastern Canada, where their homes are.
That in asking compensation your memorialists have in view tho losses of their men as well as
their own, and if awardeil compensation on the basis hereinafter suagosted, will undertake to pay all
hunters a-ul sailors employed by them at such rates as they would have been entitled to receive had
the usual average number of seals been taken in Uohring's Sea, and the voyage been completed at the
end of i^cptcmber.
Tiiat your memorialists respectfully suggest, as the only equitable method of computing such
compensation, that they be allowed the value at current prices of such number of seal-skins as they
would presumably have killed in lieliring's Sen had their voyoge not been arrested, estimated at the
average take per l)oat or canoe carried for the \\\fX, three years (exclusive of such vessels us were seized
or driven out of Behring's Sea in 1889).
That such princijile, if accepted by tho Imperial Government, will save the expense of further
inquiry, and, by obviating a delay in payment, will confer a boon upon your memorialists.
Your memorialists, therefore, humbly pray that your Lordship will be pleased to take such prompt
action for their relief as in your wisdom you may deem right and just.
And your memorialists, as in duty bound, will ever pray.
(Signed) K B. MARVIN ANn Co.
Vanemwer, British Columbia, September 1, 1891. (And 17 others.)
•*i.^iJ,iJtiS^
^mf
f of Stato fur
;cd in Fur-ieal
loyally to llic
i-Hi>i!>'l for your
[iiiin llio rocont
Hi\\ riirliiiim'iit,
I liir>{0 )>(ililii:o-
iiH dulrimoiit of
f of lliii United
i(<vnr nmdo nny
lid tlm son-ottoT,
liMtH fonfidimtly
luiiiiili"" would
\y ponerosity or
Iritiuli Colunibift,
o\ir ini'nioriiilista
onntrj-, to wlii(^li
ni(;n I'owor from
Iwun drivon from
)y tlio American
isciitiMl nnd tlioir
l>y tlu'Hi rcHultinK
uy the losses and
donco proves the
ibylolT Islands in
ho comparatively
Ocean.
I of tlio profits
lom-houac8, most
3nsation for tlioir
nnch per skin for
about the end of
oyago ended, nnd
cases insuflicient
_. men as well as
clertake to pay all
ed to receive had
completed at the
computing such
seal-skins as they
estimated at the
lels as were seized
xpenso of further
dists.
take such prompt
RVIN ANn Co.
17 others.)
Appindix (C).
9ir, Ottawa, September 19, 1R91.
I hftvo tho honour to nrknowledKn the receipt of your letter of Iho 1st iimtant, forwardinK, on
behalf of the Seniors' AsHociatioii of Vie.toriu, llritiHli (Ntluiiiliin, a Memorial addnmsed to tho Ki^dit
]Ioiioiirnl)lo Ilur MajeHly's I'rineipal Sdcnilary of HUle for Korei^jn Allairs, sinned by tho owners,
mana^'in^ owiierH, and af{uiits of the (Canadian seulinK lleet.
1 have lirini){lit the Memnrial to the iitlontiiiu of liis Kxcelleiii'y tiie (Jovemor-Oenoral, with tho
view of coiiiiiuiMieatinK the same to ller Mnji'sly's (iovriniiii^iit. I muy add that any further
repreHeiilalioiis whieh it may bo drrmud iieceHsary to niiike. on any branch of tho (piestion will ut all
limes receive my prompt alleiilioii.
I may state, for tho iiifonnution of Ihe AMsoeiution, that, in thu nef{otiati(ms leadin;{ up to tho
present viodim vivrnili, tint (iovemmctnt of dunada has not neglected to represent the great interest of
Canadians itiif^afjed in tlie fin'seid industry.
Vour Association is, [ titko it, already aware of tho vi(!ws of ]Ii>r Majesty's (ioverninent on the
({ueHllon of conipenstttion, since they were communiealed through anotiier ehanuel, in answer to former
prutestH.
I will, however, repeat that Her Majesty's Oovernment has intimated that, while they incline to
thu iHdief that the closure of Hcthring's Sea to all sealinf{ oiMirations both on land and ut scit will so
enhance the value of thu catch that tho prices realized will comptiiisuto tho sealers for their loss of the
DehrinK's Sea vJxU-h, they will be prepared to consider claims to recomiKtnse where it can bu shown tliat
actual loss has accrued liy reason of thu legislation under review.
Formal jirotests on behalf of some ei|,;ht or ten returned vesse.'s have already reached me, and havo
boon bntu^ht to the attention of ller Majesty's Uoveniment.
I observe that your letter intimates that in some instancon no claims can lio, as the vessels
returned with full catches.
I havo noted your dosiro that I should advise your Association touching any further steps that
might bu taken.
• I have, &c.
(Signed) UHAULES H. TUPPKR.
Richard Hall, Esq., Secretary,
Victoria Sealers' Association, Victoria.
No. 152.
Sir J. Pauncefote to the Marquis of Salisbury. — (^Received October 27.)
My Lord, Washington, October 19, 1891.
I HAVE the honour to tranflmit a copy of a note in relation to the cotnpenRation
clause of the Behrinp's Sea Arbitration Agreement whic!'. in accordance with the
instructions contained in your Lordship's telegram of tho I5ih instant, I addressed to tho
Acting Secretary of State.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 152.
Sir J. Pauncefote to Mr. Wharton.
Sir, Washington, October 17, 1891.
IMMEDIATELY on the receipt of your note of the 23rd July last, relative to the
form of compensation clause to be inserted in the Behring's Sea Arbitration Agreement,
I transmitted a copy of it to the Marquis of Salisbury. Since then I have been in corre-
spondence with his Lordship respecting the new form of clause on that subject proposed
in your note as Article 7.
I regret to inform you that Her Majesty's Government, after the fullest consideration,
have arrived at the conclusion that this new clause could not properly be assented to by
them.
In their opinion it implies an admission of a doctrine respecting the liability of
Governments for the acts of their nationals, or other persons sailing under their flag, on
the high seas, for which there is no warrant in the law of nations. Thus it contains the
following words : —
" The Government of the United States having presented on its own behalf, as well
as of the lessees of the privilege of taking seals on the Pribyloff Islands, claims for
compensation by reason of the killing of seals in Behring's Sea by persons acting under
the protection of the British flag, the Arbitrators sbail consider and decide upon such
idaims," &c.
^6723 P
It
i
!!-f
i !
1 1
I >
!iE
ll ■
i -,
i
— - ' ■ "" —■ ■■^' ■
106
These words involve tlio propoMitioti that Her MnjoHly's Oovcrnmpnt arc liable to
make K^od losxeg reKiiltintf from tlie vroiigi'ul uction of pcrsoni nailing outiiide their
jurisdiction under tlic Britisli tiai;.
Her AJaje8tj''H (Jovcrnnient coidd not accept mich a doctrine.
Tiie Article dealing with the question of eoin|iensHt!on is th«rofore likely to (tivo
occasion lor lengthy negotiations, which must retard indefinitely the dcciiion of the niiiin
3uo.>ttiona of law on which thu validity of the claims of cither Qovernmont entirely
eitond.
Both GovcrnmentH being equally dcsirouB to find a prompt solution of the difficulty
which now impedes the conclusion of the Arbitration Agreemont, Lord BalUbury has
authorized me to make the following proposal : —
His Lordship suggests that the six Articles of the Arbitration Agreement already
accepted by botii (lovcrnincnts should be signed now. and also an Article providing for
the reference to the Arbitrators of any question of fact »vhich cither Government may
desire to submit to tlicm regarding the claims for compensation to which it considers
itself to be entitled. Tlie application of international law to those facta would he loft as
a matter f(ir further negotiation after they slinll have been asoertained, and might bu
sul)se(iuently rcterred to the Arbitrators, in whole ur In (wrt, if thu two Oovernmcnts
should agree to do so.
The aijovc proposal presents so logical and practical an issue out of the dinioulty
that I cannot but tliink that it will commend itself to the favourable cousidoration of thu
President, and I hope it will meet with his acceptance.
1 have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 153.
Colonial Office to Foreign Office. — {Received October 30.)
Sir, Downing Street, October 29, 1891.
I AM tlirccted by Lord Knutsforxi to trotismil to you, to be laid befcre the Marquis
of Salisbury, with reference to previous correspondence, a copy of a telegram from the
Guvernor-Gcneral of Canada stating that the Bcbring's Sea Commissioners are awaiting
instructions at Ottawa.
I am, &c.
(Sit;ned) JOHN BRAMSTON.
Inclosure in No. 153.
Lord Stanley of Preston to Lord Knutsford,
(Tel"sr;ii.bic.) Ottawa, October 24, 1891.
BADKN-POWELL ar.) Dawson returned and await instructions here.
No. 154.
The Mariiula of Saliiiburp lo the Behring's Se* Commissioners.
Gentlemen, Foreign Offict, October 80, 1891.
WITH reference to your despatch of the .'>tb August last, I tiansnitt to you
herewith a copy of a despatch from Her Majesty's Minister at Washington,* inclosing
correspondence with the United States Government respecting the number of seals killotl
during the recent fishing season in Behring's Sea.
I shall be glad to receive any observations you may have to make on this despatch.
I am, &o.
(Signed) SAWSBURY,
• No. 147.
■ .■_--.ii.tu, ■.i^-j;
mm
re liable to
utitiile iholr
ikely to p(l»o
of the main
ent entirely
the difficulty
Bkllibury hatt
mnt ulrcaily
provldlnR for
eminent may
li it conaidcrH
juUl be lolt M
ind migbt bu
Oovernment*
the dlflloulty
iarailon of tbu
NCEFOTE.
ber 29, 1891.
;re the Mavciuis
pgrain from the
irs are «WMtl»g
m\MSlt)N.
ober 24, 1891.
Irs.
Jofrer 80, 1891.
ti-ansmit to you
Jigton,* inclosing
|cr of seals killoJ
I this de«p«tch.
[s/VUSBURY,
wr
' ' ' No. Iflfl.
Foriipn Offici to »ir O. Baden- Powell.
Sir, Fori-lijii O/fire, October 8(», 1801.
I AM directed l)y tlu' M.irquii of Salisbury to iickiio\vli'(i<;e tlio receipt of your
Memorandum, diitni the l(>ti\ Au;;ust, on tlic liniitatinii of tlio number of fur-sculi to be
taken on tiie IViliyloff Islaiiils during tlif Kenson ot )8!)i.
Hit Lurdnhip dotirei me to convey to you iiis tiianks for tiii« cnmnuinication.
i am, &c.
(Signed) I'. CURRIE.
No. IfiO.
Sir .7. Pnunrcfolp to lit" Mdnjitis of SalinhHrij.—{Rficrive(l Cclober 31.)
(Telegrapbic.) Wtmhhujtnu, Oclnitrr 'M, I80i.
I SAW Mr. Bliiine to-day on tiie subject of tlie llelirinLr's Soa arliitrntion. He told
nic that he approved of my li.st pro|)osal to the elloet that ih^' slvcii Arbitr.ition Articles
nnd tlio Article providing Tor u Joint Coiniius«ioii shoidil hi- signed at onw piMvi^lonidly,
with a view to their bcin;: suhsequciitly oniinxlicd in forinnl (lociiinrnts. He added tliat lie
was rr'iidy to pi'oceed .it once to discuss with v.w the Ai-liclcs of the Arhitiation Convention
which still remained unsettled n^pcctin^ the appointment ul AihitiatoiA and other matters,
and he asliod mo whether I could t;ive him any information as to your Lordshiji's views on
tliis snlijoct. On my expressin;; my inability to do so, he threw out the siigjfestion that it
would be best, in view of all llie cireumstanees of the case, if the Court of Arbitrotor.s
were to be .'Jinposed of English and American jurists of repute, two on each side, with an
Um])ire to be chosen by some loicign I'ower to be ni;reed on between the two Govern-
mentii. Me gaid he would iiave no objection to Holland, Sweden, France, or Switzerland.
In bii opinion, the appointment of Eni:(lish and American jurists as ArbitiatDi's was
advisable on account of the community, not only of language, but of the jirinciples of law,
of Great Britain and the United States. He asked mo to inform your Lordship of this
suggestion, and to ascertain the views taken of it by iler Majesty's Government.
No. 157.
The Behring's Sea Commissioners to the Marquis of Salisbunj, — {Received November 2.)
My Lord, Vancouver, October li, 1891,
IN continuation of our despatch of the 17th September last, wc have the honour
to report that, after leaving Behring's Sea, we visited Kodiak island, Sitka, and Sbakau,
making intjuiries of both the natives and White residents at those jjlace.s.
2. Her Majesty's ship " Nymphe," on her way to Esquimalt, following & difleient
course, met and as.sisted us at Sitka.
3. Continuing our cruize of investigation, we called at the following places on the
coast of British Columbia, viz. : Fort Simpson, Metlakatla, Pori, Essington, Musset
(Queen Charlotte Islands), Bella Bella, Nawithi, Clay xpiot Sound, and Barclay Sound,
where, by personal inquiries, we amplified the written statements whieii, in compliance
with our previous request, had been forwarded to us by the various Indian agents on
the coast.
4. We have thus been enabled to acquire a direct knowledge of the fur-sealing
industry, both past and present, as it affects the Indians of South-cast Alaska and British
Columbia.
5. We also visited the Indian Settlement at Neah Bay, on tlie American shore of the
Straits of Fuca, where we obtained valuable information.
G. Reaching Esquimalt on the 8th October, we reported our arrival o the
Commander-in-chief on the Pacific Station.
7. While at Victoria and Vancouver deputations from the Sealers' As.sociations met
us, and from them and from others wc made final inquiries in order to obtain authoritatively
the views of all persons connected with the fur-seal fishery on the facts of seal lite, and on
the protective measures to which they would agree.
[572] ■ P 2
i t
^!
^! ii'
i I in 1 1
;j
(.■':'■ '■ i 1
.;?
I»
lii
J
308
H. Wi' hIbo |mi(l n uppcinl viRit Jo ilio VNtncrirnn port of Seattle, llio chief cotitro of
the Aniei'iimii pelii^ic oritliiiir iiidiiHli'v in I'li^et Soiiiid.
I). Such JH (he reeonl ol' our IocmiI impiiricR i" the North t'acilln Ocenii, lit whieh we
nvnileil ourM'lvei* of every known roiuto of inionoHtion likely to nti^iRt ur in urriviii|{ itl
Roinitl eoneluRinnR.
10. \Vn now proeeeil ilirect to Ottnwii, conipletinn our lleport lo ller MnjoRty, luid
awaitiuf); liirtlter inRtruetioiiH.
Wo have, &e.
(Signed) (JKOIKJK HADKN-POVVKl,!,.
GKOIUJK M. DAWSON.
No. IftR.
Thf l{r!ning\<> Sra Com win at on rm lo the MarquiH of Snliiihury, — {Itficrivcd Novfuiber 2.)
My Lord. Port Williom, Onlmio, Ortnhn- ^\), IH1»1.
Wrrit reforeiu'o lo your liOrdnhip's drspidcli nl' the I'Jih Sciilondier IiibI, rRRpe(iill^
(he lindladon ol' (lie itinulior '^( xciil)* (o lu> killed ou (lie I'rihylod' iRlnmlR thin yrm,
wo liMVo i\\v honour lo iiilorn\ ytuu- Lordsliip tluU <>ti tlio li'^tli iimliuit wo reeeived a
piivnte letter IVoui Sir .lulinn I'iouum lotc iiilorn\inir ur iIuiI "'I'lie Uoiled MinteR* iiovnii-
tuont have irplinl lo o\u'"' (Her Maji'slv'R (lovenuneul's) "eoinitlainl ol' tin* violation of
tlic moihis virniili. '\\\v\ ailniit Ihal Major Williains allowed no Ii'sr than l'2,(t7l Roals In
he killed. They do not nay thai they apprr)ve liiR aetioii, hut they merely (jive Iuh
«'\plaunliouR, and hope Her Mi\ieNty'R Ciovenunent will he MitiRlied that he had no diRpoRi-
<iou to violate fhe Agivenu'nt."
Mi\j(>r Williams iiil'ormed ur flu the iRlandR early in Au|;ust that nearly {|,00(l Realn
had heeu Killed hy (ha(, date, aiul that the killing would he Rto|tped until thu "Rtagey "
Reason was over, hut ivRVuned in Oetoher.
We therel'ore aRRUme that .'t.OOO ol' the 12,0/1 are to he killed (hiR autuuui, and
have tluH day addresned to your lA)rdship a eypher telegram of whieh the lollowiiii; in a
]>araphraso :—
'•Odnhrr HI, IHftl.
"Sir Julian Pauneel'ole inforniR ur that the United HtateR* (loverninonl itdiuit thai
poruiission has heeu ijiveu lo kdl I '2,000 seals ou the Real iRhuitlR tliis year. We
(luderstand that ahout .'<,000 ottheRe romain to lie killed tluR autumn; whereloro we hope
that the United Slates" (iovornuu'ul have agreed to send iuRtruetioiiR to the iHlandH In
stop Killing at onee until May USlVi,— HADKN-rowni.L."
We noticed in the newspapers a report that the United StutcR' revenue-cruizer
"Rush," ^^n arrival at San Kraneiseo, was ui\exiieetedly ordered to ivturn to the I'rihyloU'
Islands \\\ the early part ot Oetoher. The Uiuled StntcR' (ii)vcriunent thus hud an
opi>or(uiiily. ol which ihey possildy availeil themselves, of sending to the seal islands the
mwssary onler^ to stop al! t'urther killing this year. W'e can hardly HuppoRc that they
Wviulii nogleel so good an occasion, at all evei\ls lo mitigate the eU'eets ot the nuHunder-
standing ot" d.uise i! ol' the modus virrndi, Imt wo had ourselves no iulormation as to any
such action l-.aving hern taken hy the United States' (iovcrmneut. inul as Sir ,Iuliaii
rauncefote did not mention the point we Iclt it our duty to at once coniniuuiealc our
views hy telegraph to yo\n- Lordship.
We hove, Sic.
(Si-ne.i) (JEOIIGK nAnRN.|'f)WKL}..
GKOKGK M. DAWSON.
No. 159.
TJif Brhring's Sea Commiisiiionrrx lo the Marquis of Salisbury.— '(Received November 2.)
My Ixin:, Ottawa, October 21, 1601.
WE I. -we the honour to transmit, for your Lordahip's consideration, u cojjy of a
Memorial which \ as handed to ns on the 14th instant by the Sealers' Asso ;iution ol'
Vancouver, stating their special claims for compensatmn on nccount of the P oclamatiun
issued tor this year against the taking of fur-seal in Beliring's Sea.
r ceniro of
n wliloli wr
uriivint? »'
OVVKM.
her 2.)
ovrm
rlO. 1HU1.
isl, rRBpcftiiii:
,U iliif* y»'nr,
wc ictTivrd II
\nim' iiovoiii-
|ii< violutioii i»l
'2,071 f"'"!" '"
prcly (OV" '"^
md no tlispow-
iily O.nOO hoi\1h
I Iho " niiWy "
R miUii'vn. and
n rollowin;: is »
^oc W), IHlll.
imU (ulniil timl
lis yi'ur. We
iploro wo l\i)ii!-
(he itdimdH to
v('V('n\io-cvui7.i'i-
(o tlio rribylolV
1, tl>n« lind II"
Hciil islinidrt llu'
,|)()no (lint, Mk'V
tlio inimmdrr-
iiution as ti) nny
us Sir .luliini
)innnnnciilc our
I
WSON.
; November 2.)
iber 21, 1S91.
Ion, u coi)y of i»
\ Assp ;iution ol
the P oclamatiun
m
Wt) informed llio AHsocirifion iiint Mic milijrrt wns ono (nifsidf (lir prcrinc r«'0|io of
our ('riinniiMioii, but tliiit, wp would liiivf iilniHiiro in layiiif^ ilio Mrnidrinl before your
rori'nlii|i.
VVt! Iinvc ti\m, in nompliiuirc willi (lir« r(•(|n(•^^, of tli" HnnlorH' ARSocinlioii, trnnmnittod
n (M)|iy of ilic Monioriiil (,o Ibo (Jovurnor-dfnrrMJ of ('iiiiinii;.
Wo liavr, Ike.
(Kigiicd) «)i;OJlf;K llAnrW-POWELL.
(JK()K(;k m. ijawson.
Incloflurn in No. IfiO.
Thi> Vancouver Healprif' Amioriation In Ilia llehring't Hen CommimonerK.
(lonllnincn, [No diilr.'\
W'Vi, tlic iMidprBiiinc'd ownerB of tlie drniiiii^ fleet of llic city of VtuKjouvcr, liavn the
hoiKiiir III innKi' thr liiiliiwin^ rcprcm'ntatinim : —
'riial wiiilc rdl owiicir of «naliii(j-vrHHp|H in (ho province nnmt Imvc BufTercd from the
opi'ralioii of (ho moiliin lirt'mli, wo, Iho owncrM of IIk; noaliDK (loot, hojonitin^ (o the f:ity of
Viiiicmivor, have piolinlily loit (ho Imrdship Iho kiobI, severoiy (rofn the roason that the
inihishy is niliroly n now niio, the whole- (loot, of vorhoIs linvitiK been built within the lant
low nioiidiM, and ei|(itppod liy ur for (lie nole -mu'iioho of |)rocccditig to liehring'R Sea in the
[laRt Boaaoii,
'I hut at (ho ooninionocmoii( and dnritii^ IIk- ('oriHtniotion of those vrssel» wc had no
rrnson (o BuppoRo ihat any loBtrielion w(;uld ho pliicod upoti their rnovefiierits.
Thai. ImviiiK ooniplotod (lioni, wo in (;ooil faith wc-nt to the (;ieal experiRe of fitting
Iheni out for the llfdierion, and in fact had no inloiitioii [? intimation] of iho cfieetB of
tlio mmluH rivriitli until aflor thoir arrival in Hilnini^'s Koa.
That Iho induNlry hoiuK ii now ono wi(li im, and not having tlio (irofilahlc reBul(» of
provioiiB yoarB as an oflfiot, wc, an before B(alo(l, are the greutoBt BufFcrers by the notion of
Iho (ioverninont in tbiH roBpoet.
We would alno oall your at.cntion to (ho fiut lliat the liuntorM etn|iloye(l in tlio ahove*
nunind vobboIr wore ongaged for (ho voya«o, and rooi-ivod no other reconiponso than an
ninonnt per Hhiii Buvod, iih agreed n|ioii, am! conKcipicntiy they bavc iiiudc a eiuini upon
(lie ownerH for coinpoiiHalioii iiaiod upon (;ainiiit;s of former years.
Wo have not tliought it neoosHiiry to burden you with further detftilH of our ruBO, as
you nnmt be aiieady fully cogni/ant of it, hut sliall be glud nt any time to Bupply any
inforinution in our power.
We have, &e.
(Signed) I). OPFF.NIIICFMKR, Prexidmt.
(And othofB.)
.No. 1 00.
Sir J, Pnunci-foln to the Marfjuis of SaliHbary.-'—{Ueccived November 2.)
My [iOni, yVtmlnnrjlon, October 2^, 1891.
WITH rofei'oiKo to my telegram of (he HMh iiiHtaiif, F have tlie honour to
incloHO copioH of iiotoH wliioh I liavc oxolianged with tiie Acting Secretory of Htatc,
recording the adoption by both (Jovcrnnieids of (lie Hcven ArtielcH of the Hehring's Hva
Arbitration Agreement oh (Inally settled.
Mr. Wliarton informed nio yesterday that the F'roHident is of opinion that no formal
instrument Hbould bo signed until ail the olher jirovisionH relating to the numbei
and choice of Arbitrators and the time and place of their witting, &e., have been settled,
%o tlinl the whole may I'o embodied in a Convention to be laid before fJongress.
I suggested that, in the meanwhile, co])ies of the seven Articles and of the
Joint Commission Article, which have been agreed to, should be .tigned b/ him and me
on bclialf of our respective Governments.
He said that he would submit ihat course to the President.
F have, &c.
(Signed) JULIAN PAT'NCErOTE.
I
110 ..
Inclosure 1 in No. 160.
Mr. Wharton to Si^ J. Pauncefote.
Sir, Department of State, Washington, October 23, 1891.
I HAVE laid before the President your note of the IVth instant, and he directs me
to express his regret tliat your Government has not .seen tit to accept the niodifietl form
of tlic 7th clause wiiich was proposed in my note of tiie 23rd July last.
This modification of the clause in question was made with a view to obviate
the objection urged in your note of the 13th July, and the President is unable to
see how it can be held to imply an admission on the part of Great Britain "of a doctrine
respecting the liability of Governments for the acts of their nationals or other persons
sailing under their flag on the high seas for which there is no warrant in international
law."
The proposition was expressly framed, so as to submit to the Arbitrators the question
of the liability of each Government for specified acts complained of by the other, and its
langufige no more implies an admission of liability on the part of one Government than
on the part of the other. It is ]nccisely because the two Governments cannot agree as
to tlic question of liability that arbitration becomes necessary. The facts upon which the
respective claims for compensation rest are not seriously in dispute; to wit, the seizure of
vessels and the killing of seals in Behiing's Sea, and it would probably not require the
aid of iNrbitrators for their .ascertainment. But it is the more important and difficult
question of liability respecting which the two Governments find it nocessary to invoke
the interposition of impartial arbitration. It was not the intenticm of th^s Covcrnment to
reqtiire of Great Britain any admission of liability for the acts cov.. 'tii' ' ^ but it has
felt that if the arbitration was to result in a full settlement of t'.» '":'..■ j.3 between
tlie two Governments, the question of respective liability for these act.^ should go to the
Arbitrators for decision.
In the informal Conferences which have taken place between us since the date of
my note of the 23rd July, you will remember that I have solicited from you any sugges-
ti(m3 in siippoit of tlie objection that the modified clause assumes a liability on the part
of your Government, having in view on my part an amendment of the phraseology to over-
come the objection, and I iiavc to express disappointment that no such suggestions were
found in your note of the 17th instant. It was for this reason, and in the hope that the
clause miglit be made acceptable to your Government, that, after the receipt of your note,
I submitted to you informally the following amendment to be added to the 7th clause,
as proposed in my note of the 23rd July : —
"The above provision for the submission to the Arbitrators by the United States of
claims for compensation by reason of the killing of seals by persons acting under
the protection of the Biitisii fiag shall not be considered as implying any admission on
the part of the G -ernment of Great Britain of its liability for the acts of its nationals
or other persons sailing under its (lag."
AVe have now been informed by you that your Government is unwilling tr -':.m;|.:,
the clause even witli ibis addition by way of amendment.
When in your note of the 21st February last you communicated the desiri o! ■• ;
Salisbury lor a " reference to the Arbitrator of the question of damages due to pt rr r
who have Ijcen injured, in case it should be determined by him that tlie action of tu'
United Slates in seizing Britisii vessels had been without warrant in international law,"
the I'resident cheerluUy accepted the suggestion, and, coupling wit'ii it the claim of
damages jireferred by the United State,->, proposed to submit both questions, as presented
by the respective Governments, to arbitration, thus making a complete an J final
settlement of all ilifl'eronces between the two Governments connected with the seal
fisheries. To w'thdraw this comprehensive submission of specified claims, and substitute
for it a mere reference to the Arbitrntor of ([uestions of facts touching the same claims,
which are not to be held binding upon either (■'ovcrmnent, as you propose, is. in the
opinion of the President, an imperfect, and, he fears, Ufi}' prove, an ineffee . •' disposi-
tion of the question of claims. But having failed in hi- 'H'orts by nio.i' ', -r.:!) and
amendment to secure the acceptance by your Governmeni m i' ,• clause for a i'.i* ,"' jj'
nient of these claims, ami lieailily participating in the d^ .c expressed in youi te lor
a pr.)mpt solution of the diliieulty which impedes the conclusion of the arbitration, he
has thouglit it best t.) terminate the discussion by i^ronosing to you the following, to
constitute the text of clause 7 : —
"The respective Governments Uaving f-vmd theirisf.^rs unable to agree upon a
reference which shall include the question of <'ae iiabil-'y oc each for the injuries alleged
'n
■ 23, 1891.
ic directs me
iiodified form
V to obviate
is unable to
of a doctrine
atlicr persons
international
3 the question
other, and its
srnment than
nnot agree as
pon which the
the seizure of
)t require the
it and difficult
sary to invoke
,'ovcrnment to
^ hut it has
.■ j,5 between
ould go to the
ce the date of
r)u any sugges-
ity on the part
eology to over-
iggestions were
hope that the
)t of your note,
the 7th clause,
nited States of
acting under
f admission op
)f its natiohalb
illing to ".coq.t
dcsiv. ol ■ •' i
due to pers r
e action of ti."
n-nalion&l law,"
t the claim of
IS. as presented
)lete anJ tinal
witli the seal
and substitute
e same claims,
)pose, is. in the
(tec . :■' disposi-
o,;':,!-'^-.!n and
)r a V','* ••'" J.i''
n you. 10 i')i
arbitration, he
c following, to
) agree upon a
injuries alleged
111
to have been sustained by tlic other, or by its citizens, in connection with tiic claims
presented and urged by it, and being .solicitous that this subordiniite question should
not interrupt or longer delay the submission and determination of the main questions, do
agree that either may submit to the Arbitrators any question of fact involved in Scaid
claims and ask for a finding thcroon, the quosticMi of Jie liability of either Goverijmcnt
upon the facts found to be the subject of further negotiation."
I hav.\ &c.
(Signed^
W. F. WHARTON.
Inciosure 2 in No. 160.
Sir J, Pauncefoie to Mr. Wharton.
Sir,
Washington, October 2.3, 1891.
I HAVE the honour to acknowledge the receipt of 3'our note of yesterday's date in
replj' to mine of the 17th instant, in which 1 stated the grounds on which Ilcr Majesty's
Government found themselves unable to accept the form of clause relating to damages,
proposed in your note of the 23rd .July last for insertion in the liehring's Sea Arbitration
Agreement.
In that note, I informed you that I had been authorized by the Marqui? of Salisbury,
with a view to a proi.:nt settlement of the difficulty, to make tlie following suggestion,
namely, that "the six Ailiclos of the Arbitration Agreement already accepted by both
Governments should he signed now, and also an Article providing for the reference to the
Arbitrators of any question of fact which cither Government may desire to submit to
them regarding the claims for compensation to which it considers itself to be entitled.
The application of international law to those facts would be left as a matter for future
negotiation after they sliall have been ascertained, and might be subsequently referred to
the Arbitrators in whole or in part if the two Governments should agree to do so."
In your note under acknowledgment, in which you reply to the above suggef.tion, you
advert to the discus.sions and informal conferences, which have taken place on the subject
of the clause dealing witii the question of domagos, and you state that the President is
unrble to see how the seventh clause, ])roposod in your note of the 2.'^rd July last, can be
held to imply an admission on the part of Great Brit;. in "of a doctrine respecting the
liability of Governments for the acts of their natioiials, or other persons sailing under
their flag on the high seas, for which there is no warrant in international law." Those
are, no doubt, the terms in whicli I stated generally the objection of Her Majesty's
Government to the form of clause in question. Hut I am relieved from explaining their
objection in greater detail by the proposal of the Pre.'^ident, with which your note
concludes, to substitute a new clause, which substantially carries out Lord Salisbury's
suggestion,
You state thct the President has thought it best to terminate the discussion by pro-
posing to me the following to constitute the text of clause 7 : —
"The respective Governments, having found themselves unable to agree upon a
reference whicli shall include the question of the liability of each for the '"ijurics alleged
to have been sustained by the other, (ir by its citi>.ens, in connection with the claims
presented and urged by it, and being solicitous that this subordinate question should not
interrupt or longer delay the submission .1 ul determination o*^ the main questions, do
agree that either may submit to *he Arbi.rators any question 01 fact involved in said
claims, and ask for a findir.g ihcreon, the '[uestion of the liability of either Government
upon the facts found to be the s'lbject of iwther negotiation."
I am glad to be able to an...':'-"."'j to you that I have received by telegraph the
authority of Lord Salisbury to accept the above clause on behalf of Her Majesty's
Government, and, in doing so, I beg to express my gratification at this satisfactory
solution of the difficulty which has delayed the conclusion of the Arbitration Agreement.
, I have, &c.
(Signed) JULIAN PAUNCEFOTE.
i;
1
li
1
J
if
1
't
,)
'
'<
;i
■
\
i !
'^^^FX^P^^^
112
No. 161.
Foreign Office to Colonial Office.
Sir, Foreign Office, November 2, 1891.
I AM directed by the Marquis of Salisbury to transmit, to be laid before Secretary
Lord Knutsford, a paraphrase of a telegram from Her Majesty's Minister at Washington,*
reporting an interview with Mr. Blaine respecting the Behring's Sea arbitration.
His Lordshij) will be glad to be favoured with Lord Knutsford'a opinion on Mr. Blaine's
suggestion that Britisn and United States' jurists of repute, two on each side, should be
appointed as Arbitrators, and that an Umpire should be selected by one of the foreign
Powers named.
Lord Salisbury is of opinion that the proposal to appoint jurists as Arbitrators might
Le accepted by Her Majesty's Government, and he is disposed to think that the choice of
the foreign Power witii whom the selection of the Umpire is to rest should be decided
by lot.
I am, &c.
(Signed) P. CURRIE.
No. 162.
The Marquis of Salisbury to Sir J, Pauncefote.
Sir, Foreign Office, November 6, 1891.
I HA\i:. rec<;iv?d your despatch of the 23rd ultmo, inclosing copies of the
notes which you have exchanged with the Acting Secretary of State, recording the
adoption by the British and American Governments of the seven Articles of the Behring's
Sea Arbitration Agreement as finally settled.
In reply, I have to state that Her Majesty's Government approve the terms of your
note, as well as the suggestion made by you to Mr. Wharton respecting the signature of
the Articles as reported in the last pai'ugi'aph of your despatch.
I am, &c.
(Signed) SALISBURY
No. 163.
The Marquis of Salisbury to the Behring's Sea Commissioners.
Gentlemen, Foreign Office, November 6, 189L
I HAVE received your despatch of the 21st ultimo, forwarding a copy of a
Memorial from the Sealers' Association of Vancouver, in which the latter state their special
claims for compensation on account of the Proclamation issued against the taking of fur-
seal in Behring's Sea.
The answer which you returned to the Association, as reported in the same despatch,
is approved by Her Majesty's Government.
I am, &c.
(Signed) SALISBURY.
No. 164.
The Marquis of Salisbury to the Behring's Sea Commissioners.
Gentlemen, Foreign Office, November 6, 1891.
I HAVE received your despatch of the Nth ultimo reporting your movements,
in the prosecution of the inquiry with which you have been charged, between the
1 8th September and the IJth October.
I have to state that your proceedings are approved by Her Majesty's Government.
1 am, &c.
(Signed) SALISBURY.
Np. 190.
!, 1891.
Secretary
ihington,*
T. Blaine's
should be
;he foreign
tors might
> choice of
be decided
URRIE.
6, 1891.
)ie8 of the
cording the
le Behring'8
rms of your
signature of
ilSBURY
\r 6, 1891.
copy of a
their special
liking of fur-
ne despatch,
llSBURY.
\r 6, 1891.
movements,
[between the
Ivernmeat.
.ISBURY.
113
So, 1G5.
Admiralty to Foreign Office. — {Received November 12.)
Sir, Admiralty, November 10, 1891.
I AM commanded by the Lords Commissioners of the Admiralty to transmit, for
the information of the Secretory of State for Foreign Allairs, copy of the remarks of the
Commander-in-chief on the Pacific Station, dated the 1st October, in forwarding the
Report of Her Majesty's ships in the Behring's Sea in 1891, received from Commander
Turner, of Her Majesty's ship "Nymphc "
My Lords propose, v,ith the concurrence of Lord Salisbury, to approve of the
proceedings of Commander Turner, of Her Majesty's ship "Nymplie," Commander Barr,
of Her Majesty's ship " Porpoise," and Lieutenant Iladley, of Her Majesty's ship
"Pheasant."
I am, &c.
(Signed) EVAN MACGREGOR.
Inclosure 1 in No. 1G5.
Rear-Admiral Hotham to Admiralty.
(General Report of Proceedings of Her Majesty's ships in the Behring's Sea, 1891.)
" Warspite" at Esquimalt, October 17, 1891.
FORWARDED, observing I am glad to be able to bring to their Lordships' notice
the good feeling that existed between Her Majesty's ships and tliose of the United
States; also that the Commissioners of Seal Fishery question (Sir G. Baden-Powell,
K.C.M.G., M.P., and Professor Dawson, of anada) have represented to me by letter
their appreciation of the aid they recoiv' J from Commander Burr, of Her Majesty's
ship " Porpoise," and Lieutenani-Commanuor Hadley, Her Majesty's ship " Pheasant,"
in carrying out their work, under the superintendence of Commander Turner, Senior
British Naval Officer.
(Signed) CHAS. F. HOTHAM.
Inclosure 2 in No. 1G5.
Commander Turner to Rear-Admiral Hotham.
Sir,
" Nymphe," at Esquimalt, October 8, 1891.
I HAVE the honour to report that on arriving at Esquimalt from a cruize on the
16th Juno, I found awaiting nie telegraphic orders from the Admiralty to proceed with
Her Majesty's ship " Pheasant " to the Behring's Sea as soon as possible, and there
co-operate with the United States' men-of-war in warning sealing-vessels to leave the
Behring's Sea, and in seizing those who might fail to heed the warning.
I received later telegrams, ordering me to charter steam-collier "Costa Rica"
to take to the Behring's Sea 2,000 tons of coal for the use of Her Ma,jesty's ships, and
also to charter steam-ship " Danube " for the use of Sir George Baden-Powell, K.C.M.G.,
and Dr. Dawson, Her Majesty's Commissioners.
On the 27th June I proceeded to Hiuliuk Harbour, Ounalaska, after leaving
orders for Her Majesty's ship " Pheasant " and steam-ship " Costa Rica " to leave for
the same port as soon as they were ready for sea, and on my arrival I found in harbour
the British schooner " E. B. Marvin," which had been seized by the revenue-steamer
"Rush" for sealing in the Behring's Sea after being warned.
The United States' force in the Behring's Sea was United States' ships
"Mohican," "Alert," "Thetis," and the revenue-steamers "Corwin" and "Rush."
United States' ship " Marion " did not arrive until the 17th August; steam-ship " Alki"
was also chartered to bring up a detachment of marines, and they used her as a
:cceiving-ship for the crews of captured sealers and as an escort for taking schooners,
which had been seized, to Sitka.
I took from the " E. B. Marvin " all their guns, ammunition, and seal-skins, and
sent her down to Victoria with orders to report herself on arrival to the Collector of
I Customs.
[572] (*
ryrr.
■"1
,1
i
i:
1 !
:.|:.
'i ■'■
!
■
't
! i
H
1 !
?l
:
\'1
1.' '-
I \'
h ili
: I ! i ,r
114
Steam-shin " Costa Rica " arrived at Ounakska on the 9th, Her Majesty's ship
"Pheasant " on the 12th, and Her Majesty's shij) " Porpoise " from the China Station on
the 27th July.
Before leaving Ounalaska I left orders for Her Majesty's ships " Porpoise " and
" Pheasant " to coa' immediately on arrival, and cruize on the stations agreed upon
(Her Majesty's ship '' Xymphe " and United States' ship "Alert" on the eastern,
and Her Majesty's shij) "Pheasant" and United States' ship "Mohican" on the
western side of the Pribylolf Islands), and seize all vessels which had been previously
warned, letting go with a warning those whicli had not been boarded before.
With my orders, I sent to each ship a letter of warning, to be given to tlio
masters of schooners boarded, a form of certificate to be written in the log or register ot
each vessel warned, and instructions for the boarding officer, copies of all of which are
inclosed herewith.
On the 12th July, after receiving from United States' ship "Mohican" a list
of all vesse'ls which had been warned, and copies of which I left for Her Majesty's ships
" Porpoise e' and " Plieasant," 1 sailed for the Pribyloff Islands, and cruized to the north-
cast of them, according to arrangement with Commander Cotton, Senior American
Naval Officr.
On the ISth July I anchored off St. Paul's village, and United States' sliips
"Mohican" and "Thetis" arrived the same day. United States' ship "Alert" and Her
Majesty's ship "Pheasant" arriving on the 19th. United States' ship "Mohican"
reported 5 vessels warned by herself, 2 by United States' siiip "Thetis," by United
States' revenue-steamer "Corwin," and 3 by United States' revenue-steamcr "Rush,"
while I warned 1 vessel and Her Majesty's ship " Pheasant " 5.
The Captains of all the men-of-war in port called on the Government and Seal
Company's agents at St. Paul's, and visited the rookeries in company with them. It
was especially pointed out that the seals were decreasing, as on the largest rookery
a great tract of land, which a few years ago had been covered with seals, and the
boulders and rocks on which had been worn smooth by them, was now totally deserted, and
no increase of seals had been observed on other rookeries to compensate for this
deficiency.
On arriving at Ounalaska on the 25th July I found there steam-ship "Danube,"'
with Her Majesty's Commissioners on board, and Her Majesty's ship " Pheasant."
Steam-ship " Danube " sailed for the Pribyloff Islands on tiie 20th July, and on
the 29th July I sent Her Majesty's ship " Pheasant " to meet her there, so that she might
place proper boats, &c., at the disposal of Sir George Baden-Powell.
United States' ship " Albatross " with the United States' Commissioners, Professor
Mendenbnll and Professor Dall, arrived at Ounalaska on the 25th July, and ii few days
afterwards proceeded to the Pribyloff Islands.
On the 1st August I ordered steam-ship "Costa Rica" to proceed to Sitka, and
from there fetch mails and stores which steam-ship " Queen " was bringing up for
Her Majesty's ships in the Behring's Sea.
On the 1st August, after leaving sailing orders for Her Majesty's ship "Porpoise"
to proceed to sea on the 7th, cruize around the Pribyloff Islands, and return on tlie l!)th,
I left Ounalaska and anchored at St. Paul's on the 8th August, having warned two
hling-schooners during the cruize.
I proceeded from St. Paul's on the 10th August and cruized till the 18th, touching;
at tiie Islands of St. Matthew and St. Lawrence, and at the former place I met steam-
ship " Danube " in company with Her Majesty's ship " Pheasant."
Her Majesty's ship " Porpoise " arrived at Ounalaska from her cruize on the
19th, and steam-ship "Costa Rica" with mails from Sitka, and Her Majesty's ship
" Plieasant " on the 20th August.
Steam-ship " Danube " arrived on the 21st August, and sailed again for the
Island of Attou on the 24th. I ordered Her Majesty's ship "Porpoise" to proceed tn
the same destination, so that she might render the same help to Her Majesty's Com-
missioners as Her Majesty's ship " Pheasant " had on their last cruize. I also ordorcil
Her Majesty's ship "Porpoise" to proceed to the China Station as soon as steam-ship
"Danube" started to return to Ounalaska.
On the '28th August I sailed from Ounalaska .and proceeded to the westward,
anchoring again at Ounalaska on the 6tli, September. During this cruize, a record of all
seals seen was kept for the information of Iler Majesty's Commissioners.
I ordered Her Majesty's ship "Pheasant" to proceed towards St. George's,
Pribyloff Islands, on the 1st September, to cruize from there to Capo Newenham, and
return on a zigzag course to Ounalaska.
~ym^
ijesty's ship
la Station on
rpoisc" anil
agreed upon
the eastern,
an " on the
>n previously
given to the
or register of
of which are
liican " a list
lajesty's ships
to the north-
ior American
States' ships
Icrt" and Her
p "Mohican"
' hy United
ivmer "Rush,"
mcnt and Seal
,vith them. It
argcst rookery
seals, and the
ly deserted, and
ensate for this
hip "Danube,"'
leasant."
fh July, and on
that she might
aners, Professor
and u few days
id to Sitka, and
)ringing up for
hip " Porpoise "
n-n on the l!)th.
ing warned two
; 18th, touchinu'
ce 1 met steam -
cruize on the
r Majesty's ship
again for the
■ " to proceed to
Majesty's Com-
I also ordoreil
on as steam-ship
o the westward,
;e, a record of all
s St. George's,
Newcnham, ami
110
On the Ist September the United States' ship " Mohican " towed into port the
British schooner " Otto," in accordance with my letter to Commander C. S. Co' Ion,
United States' Navy, dated the 26th August. 1891, a copy of which is herewith inclosed.
Her Majesty's ship " Pheasant " was in harbour at the time, and after taking charge of
her papers sent her down to Victoria.
On arriving at Ounalaska on the Gth September, T found in port United States'
ships "Mohican," "Marion," "Alert," and "Thetis," and as United States' ship
" Alert " had received telegraphic orders for China, and could not obtain either coal or
oil at Ounalaska, I sold her the amount of each she required.
United States' ship " Marion " sailed on the 7th, and the United States' ship
"Alert" on the 10th August, for China, and later United States' ship "Mohican" and
United States' ship " Thetis " went out for a cruize. Commander Cotton intending to sail
for San Francisco after his return to Ounalaska.
Steam-ship " Danube " arrived at Ounalaska on the 17th September. As vessels
coming in brought news that the usual heavy weather had set in, and 1 considered tiiere
was no further chance of sealing in open boats for the remainder of this year, and as Sir
George Baden-Powell informed me that h>. intended to proceed to Sitka, I Hailed from
Ounalaska for that port on the 20th September, at the same time as steam-ship
" Danube " and steam-ship " Costa Rica."
After coaling at Sitka from steam-ship " Costa Rica," I ordered her to proceed
to Esquimau on the 2tJth September. Steam-ship " Danube " left Sitka on the 27th
September, and went down by the outside route, calling at various ports for sealing
information.
I sailed from Sitka on the 27th September, and arrived at this port on the 2nd
October.
Before leaving the Behrlng's Sea, I thanked Commander Cotton and the officers
in command of United States' men-of-war for the efficient manner in which they had
co-operated with me. Her ^Majesty's ships " Porpoise " and " Pheasant " also materially
aided me in my mission.
The weather experienced on the whole was very foggy and rainy, and the fogs
greatly aided the sealing-schooners in escaping observation.
I hare, &c.
(Signed) CHAS. T. TURNER.
luclosure 3 in No. 165.
Letter of IVarninrj addressed by Commander Turner to the Masters of Sealing Schooners.
Sir, " Nymphe, Behring's Sea,
IN accordance with the Proclamation of Her Britannic Alajesty's Government, a
copy of which is herewith handed you, and in compliance with the orders of the British
Admiralty, you Jire hereby warned not to engage in the killing or taking of seals in that
nart of Behring's Sea lying cast of the boundary-line between United States and Russian
waters, referred to in the Proclamation, and the position of which, traced upon a Chart,
will be shown you by the officer who delivers this.
The name of your vessel will he furnished to all vessels of war (British and United
States') and revenue-vessels in this sea, and you will be subject to seizure if you fail to
heed this warning, and are found to be, or to have been, engaged in sealing in the
prohibited waters since its delivery to you.
I have, &c.
(Signed) CHAS. T. TURNER. .
Inclosure i in No. 165.
Form of Certificate to be copied in Register or Log by Boarding Officer.
H.M.S
Date
I CERTIFY that I have this day delivered the Proclamation of Her Britannic
Majesty and letter of warning of to leave these waters
forthwith to this vessel, and that there are now skins on board.
[572] Q 2
1i:
1 ■■!,,. ,1
;i ■•' f
: . '
-I ,
I ■
M|l,i
1,1!
■It
h. ■
II:
. ii 3i • '
116
Data.
Date. Place or position (when boarded), name of vessel, name of owner,
name of master, nationality, port of register, tonnage, number of skins taken,
number of skins oa board. Remarks.
Inclosure 6 in No. 1G3.
Instructions for Boarding Officer.
"Nymphe," at Ounalaska, July 12, 1891.
THE boarding officer will deliver the Proclamation of Her Britannic Majesty and
the letter of warning to masters of vessels, read the letter to them, and make entry on
register or log (preferably the register) of all vessels engaged in, or equipped for,
sealing, certifying to the delivery.
He will ascertain, if possible, the number of skins taken, and the number on board,
if the vessel be a sealer or equipped as one. If the master states there are none, he
will take his statement as correct, but if he states that a certain number are on board,
he will satisfy himself that the number is not less than that stated. If the master
declares any intention as to his future movements, the boarding officer will make a
note of it.
A tracing showing the line of demarcation between the United States' and
Russian waters is to be furnished for his information, and that of masters of vessels
boarded.
(Signed) CHAS. T. TURNER,
The Commanding Officers, Commander and Senior Officer.
Her Majesty's ships "Porpoise" and "Pheasant."
Inclosure 6 in No. 165.
Commander Thtrner to Commander Cotton, U.S.N.
Sir, " Nymphe," at Ounalaska, August 26, 1891.
I HAVE the honour to inform you that since I told you by word!^ of mouth only
that I considered schooner "Otto " to be a jnst and lawful capture for any vessel of war
of either nation, as she had sailed for the Behring's Sea for sealing purposes after I had
told the Collector of Customs, Mr. Milne, of the Proclamation, I now put this in writing
for your guidance.
I have, &c.
(Signed) CHAS. T. TURNER.
No. 166.
Sir J. Pauncefote to the Marquis of Salisbury. — (Received November 16.)
(Telegraphic.) Washington, November 16, 1891.
MR. BLAINE informed me to-day that he was ready to agree to the followin{:
arrangements : —
The Arbitrators, who must all be jurists of repute, and understand English, are to
be seven in number. Two British subjects (one may be a Canadian) shall bo appointed
by Her Majesty's Government. Two Americans shall be appointed by the United
States' Government. The other three shall bo appointed by foreign Governments.
He has no objection to selection by France, Holland, Sweden, Switzerland, Mexico, or
Brazil.
He thought Paris would not be objected to as place of sitting, tut he could not
pledge himself, as he had omitted to consult the President.
Copies of the Articles of the Arbitration Agreement and the Joint Commission
Article, as agreed on in correspondence, are being prepared for signature.
117
of owner,
skina taken,
ly 12, 1891.
c Majesty and
nakc entry on
equipped for,
iber on board,
I are none, he
are on board,
If the master
r will make a
d States' and
iters of vessels
RNER,
enior Officer.
ust 26, 1891.
of mouth only
y vessel of war
jses after I had
i this in writing
'. TURNER.
ler 16.)
iber 16, 1891.
J the foUowin!;
English, are to
all ho appointed
by the United
1 Governments,
and, Mexico, or
ut he could not
)iut Commission
re.
No. 107. . *
Foreign Office to Admiralty.
Sir, Foreign Office, November 19, 1801.
I AM directed by the Marquis of Salisbury to acknowledge the receipt of your
letter of the lOlh instant, inclosing a general Report of the proceedings of Her
Majesty's ships in the Behring's Sea, which has been sent home by the Commander-in-
chief on the Pacific Station.
I am to state that Lord Salisbury concurs in the proposal of the Lords Commissionera
of the Admiralty to approve the proceedings of Commanders Turner and Barr and
Lieutenant Hadley, of Her Majesty's ships " Nymphe," " Porpoise," and " Pheasant."
I am, &c.
(Signed) T. H. SANDERSON.
Na 168.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received November 21.)
(Telegraphic.) Washington, November 21, 1891.
WITH reference to the last paragraph of my telegram of the 16th instant,
Monday next has been appointed by Mr. Blaine for signature. The following headings
have been agreed upon : —
"The following is the text of Articles for insertion in the Behring's Sea
Arbitration Agreement, as settled in the diplomatic correspondence between (the two
Governments respectively)."
Por the Joint Commission Article the same heading, mutatis mutandis.
Are they approved by your Lordship ?
No. 169.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, November 22, 1891.
YOU are authorized to sign the Arbitration Agreement and the Joint Commission
Article with the headings suggest^id in your telegram of yesterday ; but you should
hand in a note containing the following reservations at the time of doing so : —
Firstly, that it is understood by Article 6 that the question of the necessity of
any Regulations for the proper protection and the preservation of fur-seals in, or
habitually resorting to, the Behring's Sea is left to the decision of the Arbitrators, as
well as the nature of those Regulations, if the necessity, in their judgment, is proved
to exist.
Secondly, that the observance of the Regulations will not become obligatory
on the United States and Great Britain until the other Maritime Powers also shall
have accepted them.
Great Britain and the United States would otherwise simply hand over to the
nationals of other countries the right of exterminating the seals.
No. 170.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received November 23.)
(Extract.) Washington, November 13, 1891.
I HAVE the honour to transmit herewith copies of a narrative by a correspondent
of the "New York Herald" (published in that journal on the 8th instant) of his
voyage to Behring's Sea during the last seal fishery season, undertaken for the purpose
of inquiring into the facts connected with that industry.
A part of the narrative which is of special interest is that which appears at the
close under the heading, " How to save the Seal."
:|" 'Mi
•I
.! Ir
l: ■■■ , I
r^:
ni
• Inclosure in No. 170.
Extracts from the "New York Herald" of November 8, 1891.
Illicit Sealing. — Irs Rise and Increase in tub Last Ten Years in
Behuing's Sea. — Theiv are two systems of seal liuntinj; ; one with Indian hunters,
who get paid from 2 dollars to 4 dollars for every skin a canoo hriiiga in, and the other
■with White hunters, Avho are paid a little less. The Indians hunt in "anoes, two in
each, and use the spoar almost exclusively ; the Wiiite lumt r has a steerer and a
boat puller, and uses the gun, loaded with five drams of gunpowder and ah. at twenty
buckshot. It is the latter method that is so complaiiuMl of hy tliose who wish to
prevent the extermination of the seal, as they say with truth a very large pertontage
are shot and either killed or mortally wounded, without heiug recovered.
On the 2nd July we left Victoria, intending to make our iirst call at a Settlement
of Indians called Ciayoquot. It seemed strange that, although the Queen's Procdama-
tion forbidding the killing of seals hy British subjects had already been announced,
no diJiculty was made by the authorities in giving the captain of the "Otto" his
clearr nee for the Behring's Sea. Neither Avas he ofllcially informed of the Proclama-
tion, notwithstanding the fact that Her ^Majesty's steam-ships " Pheasant " and
"Nymphc" had already sailed from Esquiraait to the sea to carry out the orders of
the Queen's Government. Before going into the history of the cruise of the " Otto,"
a short account of the rise and development of the seal-poaehing industry will be
necessary. Although the poachers, to give them the name accorded to thorn by the
public generally, arc styled Canadian, a largo number hail from San Francisco,
Seattle, Portland, and Port Townsend, in the United States ; and many of those
sailing from Victoria and Vancouver, British Colombia, under the British flag, are
partly owned by American citizens.
The first schooner on record to enter the Behring's Sea in pursuit of seals was
the American-owned " Santiago," of San Francisco, in 1879. It was not until the
fall of 1883 that the " 3<'avourite," with the present captain of the " Otto " on board,
pioneered the way for the Canadian sealers. In 1881 there were only six schooners
from San Francisco and Victoria combined that entered the sea. Year by year the
seals have been driven fui'ther north, and each successive year has seen an increase
in the number of poachers. Last year (1890) twenty-three schooners sailed from
Victoria, and this year the number reported bad increased out of all proportion.
Every port on the Pacific coast, from San Francisco to Victoria, appeared to haye
sent out its quota, and on the day the " Otto " left the latter place it was stated that
fifty-three schooners >verc already on their way to the famous sealing grounds from
that port. The " Victorian Colonist " gave the names and owners of that number,
although I afterwards found out there were over eighty-nine sealers in the sea this year.
It is hard to explain this large increase, in the face of both the American and
British Governments proclaiming a ;'lose season. One reason given was that neither
the Americans nor British cruizers intended to interfere, and that the Proclamation
and sending of men-of-war to the sea were only done to satisfy the American public.
Another reason is a most unaccountable one. Somehow the rumour gained currency
that a bounty or compensation will be paid to the OAvner of every schooner that is
stopped from sealing.
The Indians, with their spears, did not lose more than 1 per cent, of what they hit,
as the fact of losing their game meant losing their harpoon and line as well. On the
other hand, the Indians complained that the White hunters with their guns had
scared the seals from the coast of the islands, and that they lose at the very least
20 per cent, of what they shoot and kill or wound, to eventually die. " A few years
ago," said the Father, "the Chuckelset Indians caught over 1,000 seals ofif the coast of
the island in their canoes, but they cannot do that now. The guns of the White
hunters have scared them all away.
"The seal," said Father Brabant, "is a most intelligent animal ; they even wake
the sleepers when they see danger approaching, and there is no doubt they have left
our coast owing to the guns. Why, the Indians themselves used to have a law
against the use of guns. Another thing that I cannot see the equity of," said the
Father, " is that the American Company have been allowed 7,500 skins this year for
the support of their Indians. If the Aleuts are to be supported, why should
the Vancouver Indians be debarred from their chief source of livelihood. The
Aleuts, as a fact, do not require the Company to look after them. If they were left
119
EA.n8 IN
hunters,
the other
>s, two in
per unci a
it twenty
10 wisli to
icrcontage
icttlemcnt
Proelama-
innounccd,
Otto" his
I'roclaraa-
sant" and
ic orders of
he " Otto,"
,try will l3e
hem hy the
rrancisco,
ly of those
sh ilag, are
of seals was
Lot until the
) " on hoard,
six schooners
by year the
in an increase
1 sailed from
jrtion.
eared to have
IS stated that
grounds from
,hat number,
sea this year,
merican and
that neither
Proclamation
eriean public,
jned currency
looner that is
vhat they hit,
jvell. On the
leir guns had
the very least
I' A few years
Iff the coast of
of the "White
ley even wake
Ihey have left
» have a law
of," said the
1 this year for
■why should
Llihood. The
they were left
seals
boat
of
S('
alone on their own islands, instead of being moved about as they arc, they could hunt
for themselves."
Fatlier Brabant said he linrdly knevr how the futura extermination of the soah
was to bo prevented, unless the two Governments were to tnko sealing under their
supervision ; that is, ])rovidcd the Delunng's Sea was not a closed sea. They could
license sealers, restrict them as to the number of seals (taught, and make a close
season during the breeding time, as there was no doubt that large numbers of females
bsaring young were killed.
• •••••
Wednesday, the 20th August, was a good sealing day, and I was for some hours
out in tlui Indian canoe. The result of the day's work gives a fair example
of the friglitful percentage of seals that are killed and never recovered. The
two boats and the canoe started out early in the forenoon and returned at six. The
captain had one seal and Iiad lost six others, either killed or wounded. Phillip,
who was doing the shooting in the other boat, said that they had got up on to no less
than seven seals and shot them, but they had all sunk. The men said the water was
covered with blood, but they could not get the animals.
The two Indians, who used nothing but the spear, returned with ten. They had
missed fifteen or twenty, but, as one of them philosophically remarked to the captain,
" It does not matter, they are not hurt like Avith the gun, or killed, and they will do
for another day or year." "We managed to take sights this day, and found we were
7'> miles west by north of the volcanoes on the peninsula. On the 27tli and
28th August very little was done, as the weather was too rough for the boats to go out.
Three siials were captured in the forenoon of tlie 27th before it came on to blow, when
M e wore once again under storm trysail and double reefed foresail.
On the following day, the 28th, the boats were out all day and returned without
catching anything, the captain thinking we were too far to the northward and
eastward. He said he wanted the wind to get to tlie west. On the next day the boats
were out the greater part of the day, and our catch for the day was seventeen
The captain brought i^i three, having lost four, killed or Avounded. The other
brought in three, having killed five, and the Indians ten, making a total
enteen.
During the skinnhig of the seals on deck, Avbich is always done at night after the
boats return, the schooner's decks were covered on this occasion, as on many previous
ones, not only with blood, but with large quantities of milk, showing that many seals
that had been killed were nourishing their youni;' at the time, the result being that the
pups on the island would starve for want of nursing, as no seal will feed any young
ones except her own.
• ♦ • « • ,• ■ .
How TO SAVE THE SEAL : A PLAN TO PRKVENT ITS EXTEBMIXATION IN TEE NEAK
PuTUiiE. — At present the question of whether Behring's Sea is open waters or not is
in statu quo. In the event, however, of its being dcoiared a part of the high seas by
the arbiti'ation yet to be held, it would be absolutely necessary to propose a plan to
prevent the future extermination of the scol, which there is little doubt would happen
within a few years, unless some very strenuoi;:: measures are taken for its protection.
The close seav.on idea would hardly be practicable, as it is during the season of
breeding that the lessees of the islands kill their seals, who arc then found on the
rookeries, and it is only during this season that the seals to any large extent are found
there. Of course, on the islands they kill nothing but the y,..i.^ bulls. To make a
close season for the open sea, and allow the seals to be killed v t'lcir breeding places,
would bo almost an impossibility.
The following plan, Aviiich I su1)inittcd to many of the largest fnr-trad<>rs in both
Victoria and San Francisco, the members of the Alaska Commercial Company — the
late lessees of the island— as avcU as many of those avIio Avere absolutely employed in
the hunting, seems to be the most feasibhi method of protecting the very necessary
animals, AN-hich, perhaps, though they are a luxm-y, are still to a certain extent a
necessity. The North American Commercial, Company, avIio now lease tlu^ seal-
breeding islands known as the Pribyloll' group, pay the l.'nited States 100,000 dollars
per year, and !) dol. 62 c. per skin for everything they take from the island.
"When there was no limit to the number of seals that they Avere alloAvcd to kill,
before the present modus vivendi Avas agreed upon bctAveen the United States and Great
Britain, their payments brought into the American Government a revenue of about
300,000 dollars per year. This is a very small item in the revenue of such a great
\'A\
|i.
■u
I
.• »
■
1
1 .f
1
r I :
'I 'i
lllH'
! V 1
120
nation, nnd it has been su^gestod that the Qovornmont of tho United States slmh
rofrnin from leasing tho Prihylolf Islands to any Company whatever ; that no seals
shall bo killed on the rookeries, which shall be retained to allow tho fur-bearing seal a
safe breeding place.
On consideration of tho United States nifraining from leasing tho islands, the
right of doing which they would, of course, still legally retain, an international agree-
ment could be entered into between the ditfereiit nations, making it a criminal oil'encc
for any poacher to be found sailing Mitiiin a prescribed distance of the island — say,
from (30 to 80 miles around them — whicii would give fcMualo seals lots of space to feed
in. Those to whom I suggested this solution, even ulthough interested in scia
Hohooners, said they would be perfectly willing to aecei)t such a law, and that they
could catch outside of the 80-mile limit sullieient seals to make seal-hunting as good a
paying business as it was heretofore. In addition to this, it has been suggested that
all soaling-schooners should bo licensed, and any vessel found hunting the seal in
Behring's Sea or outside of it without a licence should be seized, and no shooting
should be allowed. The cost of maintaining cruizers to see that this was done would
bo very small, as there would be a very restricted area of the Behring's Sea to patrol.
The above, of course, would only be feasible in the event of the sea being declared
open, for if tlie Arbitration Committee rule that it is a closed sea, and belongs to the
United States, of course all poachers would be liable to sei/Aire.
No. 171.
Sir J. Pauncefote to the Marquis of Saliabunj. — {Received November 2.').)
(Telegraphic.) Washington, November 21, 1891,
1 ADDllESSEU a note to Mr. Blaine, as instructed by your Lordship's telegram
of the 22nd instant, and this morning liad a long interview with him. Ho has
postponed the signing until he has referred the matter to the President and Cabinet,
who sit to-day. Both reservations arc objected to by him, especially the second, which
he said imposed a new condition never before suggested during tho j 'otiations. He
said he would advise the President not to accept it.
I stated that your Lordship only desired to obviate doubts or d ^es at a later
stage, and was most anxious for tho arbitration. I repeated your jjuiUship's reasons
for the reservation, and pointed out that it was only in the event of the Arbitrators,
by their decision, proclaiming to the world that pelagic fishery was free to all flags
that the question would arise. In that case we could not stultify ourselves by
submitting to Regulations not obligatory on all.
Mr. Blaine then asked me what Her Majesty's Government would consent to do
after the 1st May, pending tho adhesion of the other Powers. Would a cessation of
sealing be agreed to by them ? I informed him, in reply, that I could not say what
their action would be, but that probably the Regulations recommended by the Joint
Commission or the Arbitrators, pending the result of the invitation to tho Powers,
would be voluntarily conformed to. Mr. Blaine then took my note with him to the
Cabinet, and promised to send me a reply.
i
No. 172.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received November 28.) 1
(Telegraphic.) Washington, November 27, 1891.
WITH reference to my telegram of the 21th instant, Mr. Blaine's reply has just
been received. Copy transmitted by post. It is to the following eflfect : —
[See Inelosure in Sir J. Pauncefote's despatch of the 27th November :
Inclosure in No. 179, ?n/ra.]
-T^r
tatcs shah
t no seals
ring seal a
shmds, tht!
onul a!»rce-
nal olVenci-
iland — say,
ace to feed
ted in sea
I that they
g as good a
;gested that
the seal in
no shooting
done would
sa to patrol,
ng declared
dongs to the
25.)
r 21, 1891.
ip's telegram
im. lie has
and Cabinet,
second, which
itiations. He
les at a later
ship's reasons
e Arbitrators,
le to all flags
ourselves by
consent to do
X cessation of
not say what
by the Joint
, the Powers,
ih him to the
r 28.) 1
her 27, 1891.
[reply has just
Imber ;
121
No. 173.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, November 29, 1891.
I HAVE received your telegram of the 27th instant.
Mr. lUaino's statement, in liis note of whieh you report the receipt, that my first
reservation is uaooccssary answers the end which that reservation was intended to
answer, and it may, therefore, be waived. I did not by my second reservation intend
to propose that the practical execution of tiio llegulations should bo delayed, but
that the two Qovernmonts should protect themselves from being placed at the
mercy cf some third Power, which, if not pledged to observe the Regulations,
might step in and secure the flshery at the times and places where the United States
and England would bind themselves by their Agreement to abstain from it. It is
necessary that some precaution should be taken in this direction, otherwise the
vessels, both British and American, at present engaged in sealing, might all, by simply
procuring a Russian register, recover th-'ir entire freedom.
I should, therefore, wish you to ascertain whether the United States' Government
would be prepared to agree to some provision of the following nature : —
If, after the expiration of one year from the date of any decision of the
Arbitrators as to the necessity of concurrent Regulations, it should appear to cither of
the two Powers that such Regulations are being violated under the flag of a third
Power, to the serious injury of the flshery, the complaining Power shall have the right
to give notice that the Regulations will bo suspended during the ensuing year, until
arrangements are made by which the evil can be remedied. If, however, there should
be any difference of opinion between the United States and Great Britain as to the
fact that serious injury is being done to the flshery, or as to any other fact involved,
such difference may be decided by referring the matter to the arbitration of two
Admirals, one of the British and the other of the United States' navy, who may choose
an Umpire in case they are unable to agree.
,. " No. 174. - ■ .■■• •■■'■'';■ ^■'^■' ■■■■
Sir J. Pauncefote to the Marquis of Salisbury, — {Received December 3.)
My Lord, Washington, November 2S, 1891.
WITH reference to your Lordship's telegram of yesterday, I have the honour to
inclose herewith copy of a note which 1 have this day addressed to Mr. Blaine, stating
the two reservations which your Lordship desires to make in regard to clause 6 of tho
Behring's Sea Arbitration Agreement.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 174.
is -f
A •■•^I.:..A:.
Sir J. Pauncefote to Mr. Blaine.
Sir, Washington, November 23, 1891.
I INFORMED the Marquis of Salisbury of our proposal to sign the text of the
seven Articles to bo inserted in the Behring's Sea Arbitration Agreement and of the
.Toint Commission Article, as settled in the diplomatic correspondence, in order to
record the progress made up to the present time in tlie negotiation.
Lord Salisbury entirely approves of that proposal, but he has instructed me, before
signing, to address a note to you for the purpose of obviating any doubts which might
hereafter arise as to the meaning and effect of Article VI, which is as follows : —
" If the determination of the foregoing (]|uestions as to tho exclusive jurisdiction
of the United States shall leave the subject m such position that tho concurrence of
Great Britain is necessary to the establishment of Regulations for the proper protection
and the preservation of the fur-seal in, or habitually resorting to, tho Behring's Sea, t^a
Arbitrators shall then determine what concurrent Regulations outside the jurisdictional
limits of the respective Governments are necessary, and over what waters such
Regulations should extend ; and to aid them in that determination the Report of the
Joint Commission to be appointed by the respective Governments shall be laid before
I i
) M
■,t
■I
■."j|W,lK*H(ftP.W),
them, with such other evidence as eitiier (Government may suhmit. The Contractint:
Powers furthermore agree to co-operate in securing the adhesion of other Powers to
Huch lUjgulations."
LoM Salishury desires to make the following two t*eservations on the abov(>
Article : —
His TA)r(lship understonds, flr»t, that the necessity of any Regulations is left to
the Arbitrators, as well as the nature of those Regulations, if the accesity is in tlicir
judgment proved ; sec tndly, that the Regulations will not become obKgsltory on Great
Bri&in and the United States until they have been accepted by the other Maritiino
Powers, otherwise, as his Lordship observes, the two Governments would be simply
handing over to others the right of exterminating the seals.
I have no doubt that you will havo no difficulty in concurring in the above
reservations, and, subject thereto, I shall le prepared to sign the Articles as pi-oposed.
I have, «Sm5.
^Signed) JULIAN PAUNCEFOTE.
' No. 175.
t--t Sir J. Pauncefote to the Marquis of Salisbury, — {Received December 4.)
(Telegraphic.') Washington, December 3, 1891.
i RECEIVED last night a rjply to my note of the 1st instant to Mr. JUaiuo,
containing the substance of your Lordship's telegram of the 29th ultimo, copy of
which was forwarded in my despatch of the same date.
It is to the following effect : —
The President of the United States is unable to se«3 danger of a third Po'- ci
engaging in fishery re-^ai-dless of Regulations. The dispute has been in ptogrcss
more thau five years. During all that time no European nation has engaged
in sealing while Groat Britain was maintdning that Behring's Sea was open to
all commerce. A Gorman vessel once appeared, but never returned, presumably tindiu!;
scaling there unsu jcessful on account of great distance. Russia will not dissent,
because such dissert would put to Iiazai'd hor own scaling property in Behring's Sea.
On the contrary, she will sustain and strengthen whatever Agroomenc Gioat Britaii'
and United StatfM may conjointly ordain. President therefore thinks your LordshipV
.ipprehensious uot well grounded, but he believes that whatever may be the issa(>
of the arbitration, " it will be wise for the two Governments to unite in a note to the
principiii I'owers of Europe advising tlicr in full of what has been di)ne, and
confidently asking their approval. Ho does not believc,with full explanation, any
attempt will be made to disturb the Agreement. If, contrary to his firm beliei",
the Agreement shall be disturbed by the interference oi a third Power, Great Britain
and United States can act conjointly, and they can i! en far better agree on whn^
measure may be necessai-y to prevent the destruction of the seals than they can at this
time."
President hopes that the arbitration "will be allowed to proceed on the Agree-
ment regularly and promptly. It is of great conscqiicneo ti) botli nations thai
the dispute be ended, and that no delay bo caused by introducing now elements
into the Agreement to which both nations have given their consent."
sei
in
eoi
sea
the
L'oed
■; : "V : . No. 176.
The Behring's Sea Commissioners to the Marquis of Salisbury, — {Received December .').)
My Lord, Government House, Ottawa, Norember 25, 185)1.
WE have the honour to acknowledge the receipt of your Lordship's despatch
of the 30th ultimo, inclosing a copy of a despatch from Her Mpiesty's Minister
at Washington, transmitting cormspondenco with the United Stc ,' Govcrnnieni
regarding the number of seals killed on fiio Pribyioft' Islands duriusr tiio season
of 1891 in excess oi 7,500, and iuvUing from us any further observations we mn\
desire to offer on the subject.
2. We notice that in the said despatch, Sir Julian Pauncefote has given a complet-
Huswer to many of the points in Mr. Wharton's letter of the 10th October. We
T
^ontractiui:
r Powers to
I tUe abov«!
tis is left to
;y is in thoir
)ry on Great
icr Maritime
d be simply
n the above
08 proposed.
er
4.)
nber 3, 1801.
to Mr. 3Uaiue.
Itimo, copy oi
a tbird Po^- oi
en in piogress
^ lias ongagod
'a was open to
snmably iiudin-j
nil not dissent,
n llebring's Sea.
ic, Gioat Britiiii'
yoiir Lordsbip'^^
,av be Ibo issue
I in a note to the
been done, and
Explanation, any
hiis lirm belie!".
|cr, Civeat, Britain
agree on wbnt
tliey can at this
td on the Agrce-
)th nations tbat
\<T now elements
\vcd December f).)
Uni'ier 2o, ISOl.
fcrdsbip's despatol'
triesty's Ministei
-, ,' Uovcrnmeni
in-iuCT tbo Heason
ervations we inn\
Ugivcnacomplet'
lotU October. We
128
would venture, howorer, to add some observations, the outcome of our special inquiry,
in case the question is pursued further.
3. Wo would point out that the frequent references in Mr. Wharton's letter cc
"killing for food" ai'c altogether beside the question. All skins of such seals, if of
prcj.;; dize a^d condition, are accepted by the lessees, and arc always ineluded in their
annual quota, while much of the flesh is taken for the sustenance of the natives, liut
the 7,500 limit was fixed as a sufficient number of skins to cover t'lc cost of the care and
sustenance of the natives, as indeed was acknowledged by the 'I'l-easury Agent, who, as
reported by Mr. Wharton, called upon the lessees to bring in a snflicieut supjily of
beef to carry the natives through the winter, although it might have been added that
this beef would be purchased by the Government, and by them distributed to the
natives.
'J'. Wc observe that Mr. Wharton points out that the Treasury Agent had reported
that up to the 2nd July, 9,012 seals had been killed, lie does not explain that by the
20thilune, killing had been stopped on the expressed plea that the 7.600 limit had
been reached.
5. Mr. Wharton points out that Major Williams consulted several American
gentlemen, including the two United States' Commissioners and the Senior Naval
Officer, as to the correctness of 1. s decision as to when the 7,500 limit \.as to be
api)lie(l. Wc were informed that none of these gentlemen hsd seen the previous
correspondence on the subject, so that their advieo was merely on * lie facts as presented
to them on the spot.
G. Wc could do no more than explani to the Agent that the Proclamation, correct
as a migh' be in itself, did not ccmtain the whole ease. Neither Major Williams nor
any of the American gentlemen he consulted had any information or instructions
enabling them to understand the conditions to which the United Stales had previously
agreed, and which were eventually embodied in the modus vivendi of the 5th June.
7. Both Profcssoi' Mendenhall and Dr. Merriam at the first expressed to \is their
decided agreement with us in the opinion that the 7,500 limit must not be exceeded.
It was only at a second charee interview that they explained that after looking into
the question, thev saw that the pe;iod could only begin on the 15th June.
8. From tins view we entirely dissented, as recorded in our letter to Major
Williams of the 30th July, a copy of Avhich was inclosed in our dcspotch of the
5th A igust last.
9. in I'cgard to the phitise "the catch this season" in our letter to Major
Williams above mentioned, this was intended to include the same period as that
covered {"n Mr. Blaine's letter of thclth jMay, 1891, to Sir Julian Pauncefote, in which
Mr. Blaine s.ays: " II the Company shall .... be deprived of all privilege of taking
seals, they certainly could not be compelled to minister to the wants of these 30()
inliabitants for an entire year In this exigency the President proposes to
eoneede to the North American Company the right to take a sufficient number of
seals, and no more than sufficient, to recompense them for their outlay in taking care of
the natives The Secretary of the Treasury after full consideration has limited
the numbrr to 7,500, to repay tlieai for the outlay demanded for the support of the
;^00 people on the Pribyloff Islands,"
10. We do not undci'str.nd that the United States' Government in any way indorse
the action of the Treasury Agent, who, as we liave already pointed out, acted in ])erfoct
i;ood faith, but was without the necessary instructions.
11. We ])resumo that all the skins takt *his year in excess of 7,500 will be held
over for next y-'ivv's quota, inasmuch .ns if s^'id for the account of the Company *his
year they woiild provide .'uuds very much more than sufficient to recompense them
lor their outlay in taking care of the natives" for this entire year, which would be
in direct oontra^fentiou of the expressed intentions and wishes of the President of the
United States.
Wc llAVC &C,
(Signed)^ ' GEORGE BADEN-POWEIiL.
GEORGE M. DAWSON.
..«it44 « 1fUt«t»l ik»u>i ^A* .'^Wn t-
1:1^
$
( i
n
\2i
No, 177.
' ' The Marquis of Salisbury to Sir J. Pauncefote.
Sir, Foreign Office, December 5, 1891.
I HAVE received your despatch of the 23rd ultimo, inclosing copy of a
note \'liicli, in compliance with instructions contained in my telegram of the
22nd Ultimo, you have addressed to Mr. Blaine, setting forth the two reservations made
by Her Majesty's Government with regard to clause (J of the Behring's Sea Arbitration
Agreement.
I have to state, in reply, that the note addressed by you to Mr. Blaine is approved
by Her Majesty's Government. • ,
I am, &c.
(Signed) SALISBURY.
If
No. 178.
Sir J. Paunce/o!' to the Marquis of Salisbury. — {Received December 7.)
My Lord, Washington, November 27, 1891.
WITH reference to my telegram of the 24th instant, I have the honour
now to report in greater detail what took place at the interview which I had with
Mr. Blaine on that day respecting the two reservations which your Lordship instructed
me to make before signing the clauses for insertion in the Behring's Sea Agreement.
Mr. Blaine, who had before him the note which I had addressed 'o liim on the subject,
and of which I transmitted a copy to your Lordship in my despatch of the 23rd instant,
took exception to both reservations, which he said he could not advise tlie President
to accept. I said that these reservations imposed no new conditions whatever, and
were intended simply to obviate any doubt as to the meaning and effect of the
6th clause, and thus to prevent any disagreement at a later stage.
Mr. Blaine asked what was the object of the first reservation. I replied that the
6th clause appeared to me to imply that Regulations for the control of pelagic sealing
were necessary — a proposition which was opposed to the contention of Canada — and I
presumed that it was on that ground that your Lorci ihip desired to make it clear that
it would be open to the Arbitrators to hold that uo such Regulations at all were
necessary.
Mr. Blaine observed that he did not think the language of the clause precluded
such a finding. He proceeded to express the strongest objection to the second
reservation, which he said was calculaced to wreck the whole arrangement. How
many maritime Powers, he asked, were to be invited to adhere to the Regulations ?
What jirospect was there of obtaining their adhesion, seeing that they had declined
the invitation of Mr. Bayard to join in an international arrangement for the protection
of the fur-seal fisheries ? It had never been suggested before in the course of the
negotiations that tlie Regulations to be framed should not be obligatory on the two
Governments until they had received the adhesion of the other Powers. What
were Her Majesty's Gover ament prepared to do pending such adhesion ? Would
they consent to a cessation of pelagic sealing ? To these questions I replied that if,
after a cariiful investigation and study by the Joint Commission, it should bo estab-
lished by the Commission, or, in case of disagreement, by the arbitration, tliat certain
Regulations arc necessary for the preservation of the seal species, it would be
unreasonable to doubt that the Great Powers would acquiesce at once in those
Regulations, or that the minor Powers would hesitate to follow their example.
I pointed out that no International Regulations would be made unless the award
of the Arbitrators should have previously proclaimed to the world that the fur-seal
fishery in Behring's Sea is free to all flags. In that case, if the other Powers were, as
Mr. Blaine apprehended, to refuse their adhesion to the Regulations, the result would
be, in the words of your Lordship, that the two Governments most interested liad
simply handed over to othere the riglit of exterminating the seals. Her Majesty's
Government could hardly be expected to place themselves in such a position, 'they
could not stultify themselves by submitting permanently or for any length of time to
Regulations which were not equally obligatory on other Governments. What they
would do, pending the adhesion of the Powers, I was not prepared to say, but I
thought it probable that they would voluntarily observe the Regulations pending the
■i.! ^I'BPWA
r 5, 1891.
copy of a
•am of the
rations made
, Arbitration
5 is approved
ISBURY.
r /
.)
•r 27, 1891.
( the honour
sh I had with
hip instructed
Agreement,
on the subject,
} 23rd instant,
the President
whatever, and
effect of the
eplied that the
pelagic sealing
panada— and I
ce it clear that
ns at all were
ause precluded
to the second
gement. How
3 Ucgulations ?
sy had declined
the protection
I course of the
ory on the two
?owers. What
ision ? Would
replied that if,
lOuld bo estab-
an, that certain
it would be
once in those
^amplc.
oless the award
lat the fur-seal
Powers were, as
he result would
interested had
Her Majesty's
position, 'fhey
3ngth of time to
te. What they
_ to say, but I
ms pending the
125
result of the invitation of Great Britain and the United States to the Powers, or so long
as circumstances, in their judgment, might render it practicable.
Mr. Blaine said he would send a reply to my noJe after laying the matter before
the President and the Cabinet which was then sitting, and,*in the meanwhile, the
signature of the clauses was postponed.
I have, ^.
(Signed) JULIAN PAUNCEFOTE.
No. 179.
,. Sir J. Pauncefote to the Marquis of Salisbury." — {Received December 7.)
My Lord, Washington, November 27, 1891.
IN my despatch of the 23rd instant I transmitted a copy of the note
which I addressed to Mr. Blaine, informing him of the reservations which your
Lordship had instructed me to make respecting clause 6 of the proposed Behring's Sea
Arbitration Agreement, before signing the text of the seven clauses as settled in the
diplomatic correspondence.
I now have the honour to inclose a copy of Mr. Blaine's reply to ihat note, which
I received to-day.
He appears to attach some weight to the fact of my having left with him, at hio
request, a paper containing the text of the seven clauses as they appear in my copy of
the diplomatic correspondence, and which I had caused to be prepared for the purpose
of comparison and verification. He had himself handed me a few days before, ind for
the same purpose, a similar paper containing the text of the clauses taken fiom his
copy of the diplomatic correspondence.
I an at a loss to understand how that exchange of courtesies, which is a
common practice under similar circumstances, can possibly affect the questions under
consideration.
T hfliVG &c
(Signed) ' JULIAN PAUNCEFOTE.
Inclosure in No. 179.
Mr. Blai n Sir J. Pauncefote.
Sir,
Departm<nt of Stale, Washington, Novemhn 2'( 1891.
IN the early part of last week you furnished *he exact points which had been
agreed upon for Arbitration in the matter of tin' Behrinj^'s Sea negotiation. You
called later, and corrected the language which introdu. d tlic agrei cnt. In fact, the
two copies framed were taken entirely from your Minutes. It was tlono with a view
that you and I should sign them, and thus authenticate the points for tl Arbitrators
to consider.
You inform me now that Lord Salisbury asks to make ' '. o reservations in the
6th Article. His first reservation is that " the necessity of ai llegulation is left to
the Arbitrators as well as the nature of those Regulations, if tiie necessity is in their
judgment proved."
What reason has Lord Salisbury for altering the text of the Art le to which he
had agreed ? It is to be presumed that if Regulations are needed *' cy will be made.
If they are not needed, the Arbitrators will not make them. Tin cement leaves the
Arbitrators free upon that point. The first reservation, therel'ore, has no special
meaning.
The second reservation which Lord Salisbury makes is that " the Regulations
shall not become obligatory on Great Britain and the United States until they have been
accepted by the other Maritime Powers." Does Lord Salisbury mean that the United
States and Great Britain shall refrain from taking seals until every Maritime Power joins
in the Regulations P Or does he mean that sealing shall be resumed on the 1st May
next, and that we shall proceed, as before the arbitration, until the Regulations have
been accepted by the other " Maritime Powers "?
* SubaUncs telegraphed.
II
"Maritime Powers" may mean one thing or another. Lord Salisbury did not
say the principal maritime Powers. France, Spain, Portugal, Italy, Austria, Turkey,
Russia, Germany, Sweden, Holland, Belgium are all Maritime Powers in the sense
that they maintain a navy, great or small. In like manner, Brazil, the Argentine
Confederation, Chile, Peru, Mexico, and Japan are Maritime Powers. It would
require a long time, three years at least, to get the assent of all these Powers.
Mr. Bayard, on the 19th August, 1887, addressed Great Britain, Germany, France,
Russia, Sweden and Norway, and Japan, with a view to securing some Regulations in
regard to the seals in Behring's Sea. France, Japan, and Russia replied with languid
indifference. Great Britain never replied in writing. Germany did not reply at all.
Sweden and Norway said that the matter was of no interest to them. Thus it will he
again. Such a proposition will postpone the matter indefinitely.
The President regards Lord Salisbury's second reservation, therefore, as a material
change in the terms of the arhitr-ion agreed upon by this Government, and he
instructs me to say that he does not feel willing to take it into consideration. He
adheres to every point of agreement which has been made between the two Powers,
according to the text which you furnished. He will regret if Lord Salisbury shall
insist on a substantially new agreement. He sees no objection to submitting the
agreement to the principal Maritime Powers for their assent, but ho cannot agree that
Great Britain and the United States shall make their adjustment dependent on the
action of third parties who liave no direct interest in tlie seal fisheries, or that the
settlement shall be })ostponed unti' those tliird parties see fit to act.
I have &c
(Signed) ' JAMES G. BLAINE.
No. 180.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, December 7, 1891.
I HAVE received your telegram of the 4th instant.
The President of the United States does not, I think, rightly undei-stand the
exact nature of the danger against which i think it necessary to make provision.
Her Majesty's Government do not fear Hint Regulations which have been made
by the Arbitrators will he rejected by any of the Maritime Powers ; but they think
there is much ground for apprehension that those Powers may refuse to accept
Treaties framed for the purpose of enabling our cruizers to arrest ships whicli ar(!
violating the Regulations while sailing under their flag. It must be expected that,
under these circumstances, sealing will be pursued under their flags during the close
times.
In signing the proposed Agreement, it certainly is not the intention of the two
Powers to arrive at such a result. But should you find, after making a representation
in the above sense, that th(> Pi-esident continues to hold the opinion that the danger 1
have indicated is too I'cmote to justify our incurring delay by guarding against it now,
Her Majesty's Government ;ire Milling to yield to his appeal, and will not at this
stage press for furth(>r discussion of tlie point. In that case, you are authorized to
sign the Agreement as alreadv settled.
Her Majesty's Governinont will, of course, retain their right of raising the point
before the Arbitrators wlien the time arrives for determining the question of the
Regulations ; and it is understood that full discretion will be vested in the Arbitrators
to attach to any Regulations they may decide upon such conditions as, in view ot this
difliculty, they may judge to be necessary and just to the interests of this country and
of the United States.
No. 181. ■: • : . > ;
A'.,:t; Sw J. Pauncefote to the Morquio i,f SaKabvry.—XBeceived December 9A.l.L'iLi Ji'
My Lord, _ Washington, December 1, 1891.
I HAVE the honour to inclose copy of a note which, on receipt of your
Lordship's telegram of the 29th ultimo, I addressed to the Secretary of State la reply
<MiipmHi
ry did not
I, Turkey,
tbe sense
Arg«ntine
It would
i6 Powers,
y, Prance,
Illations in
ith languid
eply at all.
IS it will be
1 a material
■nt, and be
ration. He
;wo Powers,
isbury sball
mitting tbe
it agree tbat
dent on tbe
or tbat tbe
BLAINE.
,er 7, 1891.
dei'stand tbe
vision.
fe been made
it tbey tbink
ise to accept
ps wbicli are
r>xpected tbat,
ring tbe close
on of tbe two
•epresentation
tbe danger I
igainst it now,
il not at tbis
autborized to
sing tbe point
icstion of tbe
be Arbitrators
n view ot tbis
is country and
mber 1. 1891.
Bceipt of your
State i» reply
127
to his note of tbe 27tb ultimo, objecting to reservations which Her Majesty's Govern-
ment desire to make with respect to the 6tb clause of the proposed Behring's Sea
Arbitration Agreement.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 181. > ,
Sir J. Pauncefole to Mr. Blaine.
Sir,
Washington, December 1, 1891.
I COMMUNICATED by telegram to tbe Marquis of Salisl)ury the substance of
vour note of the 27tb ultimo respecting tlie two reservations which Her Majesty's
Government desire to make in relation to the 6th clause of tbe proposed Behring's Sea
Arbitration Agreement, as stated in my note of the 23rd ultimo, and I have now the
honour to inform you that I have received a reply from his Lordship to the following
effect.
As regards the first reservation, Loi'd Salisbury observes that the statement
contained in your note, that tbe clause leaves the Arbitrators free to decide whether
Regulations are needed or not, assures the same end as the proposed reservation,
which therefore becomes unnecessary, and may be put aside.
With respect to the second reservation, bis Lordship states tbat it was not the
intention of Her Majesty's Government to defer putting into execution any Regula-
tions which the Arbitrators may prescribe. Its object is to prevent the fur-seal
flsliery in Behring's Sea from being placed at the mercy of some third Power. There
is nothing to prevent such third Power (Russia, for instance, as the most neighbouring
nation), if unpledged, from stepping in and securing tbe fishery at the very .reasons
and in the very places which may be closed to tbe sealers of Great Britain and tbe
United States by the Regulations. Great circumspection is called for in tbis ''.irection,
as British and American sealers might recover their freedom, and evade ill Regula-
tions by simply lioisting tbe flag of a non-adhering Power.
How is tbis difficulty to be met ? Lord Salisliury suggests tbat, if after tbe lapse
of one year from the date of the decree of Regulations it shall appear to either
Government that serious injury is occasioned to the fishery from the causes above
mentioned, tbe Government complaining may give notice of the suspension of the
Regulations during tbe ensuing year, and in such case tbe Regulations sball be
suspended until arrangements are made to remedy tbe complaint.
Lord Salisbury further proposes that, in case of any dispute arising between the
two Governments as to tbe gravity of tbe injury caused to tbe fishery, or as to any
other fact, tbe question in controversy sball be referred for decision to a British and an
American Admiral, who, if tbey should be unable to agree, may select an Umpire,
Ix)rd Salisbury desires me to ascertain whether some provision of the above
nature would not meet the views of your Government.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
.v.o!. ,' ' ■'• ", No. 182. .■■--•.,, •, .-.■.^.- ■■ ,,
Sir J. Pauncefote to the Marquis of Salisbury. — {Received December 11.)
(Telegraphic.) Washington, December 10, 1891.
IMMEDIATELY on receipt of-your Lordship's telegram of the 7th instant relative
to Behring's Sea 1 addressed a note to Mr. Blaine, as instructed, in the sense of the first
part of the telegram above mentioned, concluding with the words " at such a
result."
I referred to a previous conversation which I had held with him on the same subject,
and added that I did not understand him to deny my contention tbat if tiie arrangement
arrived at between the two Governments were, as your Lordship apprehended, violated by
ships under foreign flags, to the serious injury of the seal-fisliery, the Agreement must in
that case collapse, as the two Governments could not be expected to enforce the Regula-
tions on their nationals while such violations were taking place. For these reasons 1
expressed the hope that, on further consideration, the President would recognize the
llli
*i1
li,"?
h ■'■■
1 1 ''
|«'ISfi,||p.
128
importance of arriving at some understandinp; of the nature suggflstci by your
Lordship.
I have to-day received a reply from Mr. Blaine to the falloTving effect (see inciosure
in Sir J. Paunccfote's despatch of the 10th December).
Shall T now reply to Mr. Blaine in the sense of the second part of your Lordship's
telegram above mentioned, and offer to sign the Agreement, subject to the reservation
and understanding set Corlh in the last paragraph ?
I await your Lordship's instructions.
■f\
No. 183.
The Marquis of Salisbury to Sir J. Pauncefole.
(Telegrn'^hic.) Foreign Office, December 11, 1891.
IN i';-.! to the inquiry in the last paragraph of your telegram of the 10th instant,
I have to ir.;orm you that you are authorized to sign the Articles providing for the
Behring's Sea Arbitration and Joint Commission, ns already settled, subject to the
understanding explained in my telegram of the 7th instant.
No. 184.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received December 15.)
(Telegraphic.) Washington, December 14, 1891.
I ADDRESSED a note to Mr. Blaine on receipt of your Lordship's telegram
of the 11th instant, as proposed in the last paragraph of my telegram of the 10th instant.
Following reply has just been received : —
[See Inciosure 1 in Sir J. Pauncefotc's despatch of December 15 : Inciosure 1 in
No. 192, infra.']
I will of course let Mr. Blaine know that, pending further instructions, I cannot
sign.
No. 185.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, December 10, 1891.
1 HAVE received your telegram of yesterday.
Owing to the difficulties of carrying on negotiations by telegraphic communication,
I am afraid that the President of the United States has imperfectly understood my
meaning.
At his request I have consented to defer any further discussion for the present as to
the course to bo pursued in the event of the Regulations determined on by the Arbitrators
for the preservation of the seal species being evaded by means of a change of flag.
It was necessary in so doing that I should guard myself against the supposition of
having narrowed by that consent the rights which accrue to the litigants or the
Arbitrators under the Arbitration Agreement. But I did not, as the President appears
to think, make a reservation in my last communication, or use that word. That a
reservation mny be operative in respect to an Agreement, it must have the assent of both
parties to that Agreement, and I have not asked for any such assent in the present
instance of tlie United States' Government.
I am in entire accord with the President in objecting to the submission of any
points to the Arliitrators which the Agreement does not cmi)race.
Whenever Mr. Blaine is willing to do so you are authorized to sign the Agreement.
I' '
I by your
m indosure
• Lordship's
reservation
11, 1891.
10th instant,
iling for the
ibject to the
15.)
T 14, 1891.
ip's telegram
; 10th instant.
losure 1 in
ions, I cannot
er 10, 1891.
ommuuication,
inderstood my
e present as to
16 Arbitrators
of flag.
supposition of
tiganla or the
2sident appears
word. That a
assent of both
in the present
mission of any
le Agreement.
129
No. 186.
Sir J. Pauncefote to the Marquis of Salisbury. — (Received December 17.)
(Telegraphic.) Washington, December 17, 1891.
YOUR Lordship's telegram of yesterday received last night.
I am addressing a note to Mr. Blaine in that sense, and expressing my willingness
to sign.
No. 187.
Sir J. Pauncefote to the Marquis of Salisbury. '^(Received December 18.)
(Telegraphic.) Washington, December 18, 1891.
I HAVE the honour to report, with reference to my telegram of yesterday, that
Mr. Blaine and I signed this morning the text of the seven Articles to be inserted in the
Behring's Sea Arbitration Cuurention, and also the text of the Joint Commission
Article.
■ ■ "^(clSS.
Sir J. Pauncefote to the Marquis >i " Salisbury. — (Received December 19.)
My Lord. Washington, December 10, 1891.
ON rv<;ceipt of your Lordship's telegram of tba 4th instant I sought an inter,
view with Mr. Blaine. Owing to the pressure of business connected with the
opening of Congress, I was unable to see him until the morning of the 8th, when I had
a long discussion with him at the State Department on the subject of his note of the
2nd instant respecting the 6th Article of the proposed Behring's Sea Arbitration
Agreement. I pointed out to him that the danger which your Lordship apprehended
was not so much from the non-acceptance by other Governments of the Fishery
Regulations as from the practical difficulty of enforcing them without the power being
given to British and American cruizers of arresting vessels under foreign flags found to be
violating the Regulations. That was a power which foreign Governm(>nts would be
unlikely to grant in view of the jealousy which exists respecting the right of search on
the high seas. If your Lordship's apprehensions should be realized to such an extent as
to cause serious injury to the fishery, the Agreement must necessarily collapse, as it
could not be expected that either Government should continue to enforce on its nationals
Regulations which wc-o being violated with impunity under foreign flags.
Mr. Blaine readily admitted that in such case there 7.'ould be an end of the
Agreement, and said that every one would then be free to go in and make havoc of the
seal fisheiy; but he persisted in treating it as a most remote contingency. He
deprecated making arrangements to meet the evil before it arose, and thought the mere
suggestion of such interference by other Powers would be mischievous. The point had
not been raised before, and he could not understand whv it should be introduced at this
late hour when we were on the point of signing the Agrccaient.
I replied that the difficulty of protecting the seal fishery otherwise than on the basis
of an international agreement among all the Powers had been repeatedly pointed out in
the press of both countries, and by every writer on the subject. It was, indeed, admitted
by the last paragraph of the 6th Article itself, whereby the two Governments agreed to
invite the adhesion of the other Powers to the Regulations. Even if the contingency in
view were so remote, as Mr. Blaine contended, 1 could not see what harm it could do to
have such understanding as that suggested by your Lordship, and proposed in my note
of the Ist instant, which would provide for the case of any ditference of opinion arising
as to the gravity of the injury caused to the fishery by the violation of the Regulations
under foreign flags.
Mr. Blaine said that he could not consent to add a new term to the 6th Article as
already agreed to after so much correspondence and discussion.
I replied that there could be no agreement if the two Governments were not ad idem
as to its meaning. The arrangement proposed by vour Lordship was in no way inconsistent
with the 6th Article. It was merely intended to make it clearer, and to regulate
[572] S
ll^^
i 'i
1
I
1 1
C
':!
130
the action of the two Govcrninenta in certain events which might cause difficultieft
hereafter.
Mr. RIaine, however, insisted that it would be time enough to deal with those
difficulties if and when they should arise.
I then brought the interview to a close, and on the same day I addressed a note to
Mr. Blaine, of wliich a copy is transmitted lierewith.
T reccivi'd tliis day a reply thereto, of whioli I have the honour to inclose a copy.
This correspondence does not carry the matter any further, hut it places on record
the fact that while the United States' Government admit that tlic proposed Regulations
may be rendered nugatory by their violation under the flags of other Powers, they
decline the reasonable proposal of Her Majesty's Government to settle beforeliand the
conditions under which the Regulations shall be deemed to have lapsed or to be
suspended.
The conclusion would seem to be that each Government will be free to form its
own judgment of the situation, and to take such action as it shall think fit under the
circumstances.
I have, &c.
;.. ■ . . > «; • . .; -■ i . ? (Signed) JULIAN PAUNCRFOTE.
j;ti(Jx/-
Inclosure 1 in No. 188.
Mr. Blaine to Sir J. Pauncefote.
Sir, Department of State, IVushington, December 2, 1891.
I HAVE attentively read your note of the 1st instant, and submitted it to the
President. The President is unable to see the danger which Lord Salisbury apprehends,
of a third nation engaging in taking seals regardless of the Agreement between Great
Britoin and I he United States. The dispute between the two nations has now been in
progress for more tlian five years. During all that time, while Great Britain was main-
taining that tlie Beliring's Sea was open to all comers, at any time, as of right, not
another European nation has engaged in sealing.
A German vessel once made its appearance in Behring's Sea, but did not return,
being satisfied, I suppose, that at the great distance they have to sail, the Germans could
not successfully engage in scaling. Russia, whose interference Lord Salisbury seems to
specially appreiiend, will not dissent from the Agreement, because such dissent would put
to hazard her own sealing property in the Behring's Sea. On the contrary, we may
confidently look to Russia to sustain and strengthen whatever agreement Great Britain
and the United States may conjoint [y ordain.
It is the judgment of the President, therefore, that the apprehension of Lord
Salisbury is not well grounded. He believes that, however the arbitration between Great
Britain and the United States may terminate, it will be wise for the two nations to unite
in a note to the principal Powers of Europe, advising them in full of what has been done
and confidently asking tlieir approval. He does not believe that, with full explanation,
any attempt will be made to disturb the Agreement. If, contrary to his firm belief, the
Agreement shall be disturbed by the interference of a third Power, Great Britain and the
United States can act conjointly, and they can then far better agree upon what measure
may be necessary to prevent the destruction of the seals than they can at this time.
The President hopes that the arbitration between Great Britain and the United
States will be allowed to proceed on the Agreement regularly and promptly. It is of
great consequence to both nations that the dispute be ended, and that no delay be caused
by introducing new elements into the Agreement to which both nations have given their
consent.
I have, Ac.
(Signed) JAMES G. BLAINE.
Inclosure 2 in No. 188.
Sir J. Pauncefote to Mr. Blaine.
Sir, Washington, December 8, 1891.
THE Marquis of Salisbury, to whom I telegraphed the contents of your note of the
2nd instant on the subject of the 6tb Article of the proposed Behring's Sea Arbitrator
'mmmm^
difficuUieft
rith those
I a note to
a copy,
on record
;egulations
wcrs, they
rcliand the
or to be
form its
; under the
RFOTE. '^
2,1891.
I it to the
ipprehends,
veen Great
ow been in
I was main-
f right, not
not return,
mans could
ry seems to
t would put
•y, we may
eat Britain
n of Lord
ween Great
)ns to unite
i been done
ixplanation,
belief, the
ain and the
at measure
time.
the United
It is of
y be caused
given their
LAINE.
131
Agreement, is under the impression that the President has not rightly understood his
Lordship's apprehension with reference to tlie Regulations to be made by tlie Arbitrators
under that Article. His fear is, not that the other Powers will reject the Ileguiations,
but that they will refuse to allow the arrest by British and Ami-rican cruizers of .'liips
under their flag which may engage in tlic fur-seal fishery in violation of the Hcgulations.
Such refusal is highly probable in view of the jcnloiisy which exists iis to the right of
search on the high seas ; and the consequence must inevitably be tiiat, during the close
season, scaling will go on under other Hags.
It cannot bo the intention of the two Government', in signing the proposed
Agreement, to arrive at sucii a result. I do not understand you to dispute that, should
such a state of things arise, the Agreement must colhipsc, as the two Governments could
not be expected to enforce on their respective nationals Regulations which are violated
under foreign flags to the serious injury of the fishery. I iiope, therefore, that, on
further consideration, the President will recognize the importance of arriving at some
understanding of the kind suggested in my note of the 1st instaut.
. (Signed) ' JULIAN PAUNCEFOTE.
Inclosure 3 r'n No. 188.
Mr. Blaine to Sir T. Pauncefote.
Sir, Department of State, Washington, December 10, 1891
IN reply to your note of the 8th instant, I have the following observations to
make : —
1. Ever since the Behring's Sea question has been in dispute (now nearly six
years), not one ship from France or Germany has ever engaged in sealing. This affords
a strong presumption that none will engage in it in the future.
2. A still stronger ground against their taking part is that they cannot afford
it. From France or Germany to Behring's Sea by the sailinj^ lines is nearly 20,000
miles, and they would have to make the voyage with a larger ship than can be profitably
emjdoycd in scaling. They would have to start from home the winter preceding the
sealing Fcason and risk an unusually hazardous voyage. When tliey reach tlie fisliing
grounds they have no territory to which they could resort for any purpose.
3. If we wait until we get France to agree that her ships shall be searclied by
American or British cruizers we will wait until tlie last seal is taken in IBelning's Sea.
Thus much for France and Germany. Otiier European countries li:;vc tlie same
disabilities. Russia, cited by Lord Salisbury as likely to embarrass tiio United Slates
and England by interference, I should regard as an ally, and not an enemy, Nor is it
probable tiiat any American country will loan its flag to vessels engaged in violating the
Behring's Sea Regulations.
To stop the arbitration a whole niontii on a question of tliis chair.?tcr promises ill
for its success. Some other less important question even than this, if it can be found,
may probably be started. The effect can only be to exhaust tlie time allotted for
arbitration. We must act mutually on what is probable, not on what is remotely
possible.
The President suggests again that the proper mode of proceeding is for Regulations
to be agreed upon between the United States and Great Britain, and then submitted to
the ])rincipal Maritime Powers. That is an intelligent and intelligible process. To stop
now to consider the Regulations for outside nations is to indefinitely postpone the whole
question. The President, therefore, adheres to his ground first announced, that we
must have the arbitration as already agreed. He suggests to Lord Salisbury that any
other process might make tlie arbitration impracticable within the time specified.
I have, &o.
(Signed) JAMES G. BLAINE.
V
m
[
8, 1891.
note of the
Arbitration
No. 189.
Sir J. Pauncefote to the Marquis of Salisbury, — (Received December 19.)
(Extract.) Washington, December 10, 1891.
I HAVE the honour to inform your Lordship that, in alluding to the Behring's
Sea question, the President's Message states that he is glad to be able to announce that
[5721 S 2
189
terms of arbitration satisfactory to the United States' Government have been arrived at,
and that an agreement as to tlie Arbitrators is all that is necessary to the completion of
tlic Convention. He also adds that, " in view uf the advanced position which this
Government has taken upon the subject of international arbitration, this renewed
expression of our adiiercnce to this method tor the settlement of disputes such as
have arisen in the Behring's Sea will, I doubt not, meet with the concurrence of
Congress."
No. 100.
Sir J. Pauncefote to the Marquis of Salisbury.— {Received December 19.)
My Lord, Washington, December 11, 1801.
WITH reference to your Lordship's telegram of to-day, I have the honour
to inclose copy of a note which I have addressed to Mr. Ulaine in the sense of the
second part of your Lordship's telegram of the 7th instant, offering to sign the Behring's
Sea Arbitration Agreement and Joint Commission Article on the understanding
mentioned in that telegram.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 100.
Sir J. Pauncefote to Mr. Blaine.
Sir, Washington, December 11, 1801.
I HAVE the honour to inform you *liat I telegraphed to the Marquis of Salisbury
the substance of your note of yesterday respecting the Gth Article of the proposed
Belirin<;'s Sea Arbitration Agreement, and that I have received a reply from his Lordship
to the following effect : —
In view of the strong opinion of the President, reiterated in your note of yesterday,
that the danger apprehended by Lord Salisbury, and explained in my note of the
8lh instant, is too remote to justify the delay which might be incurred by guarding
against it now, his Lordship will yield to the President's appeal, and not press for further
discussion at this stage.
Her Majesty's Government of course retain the right of raising the point when the
question of framing the Regiilotions comes before the Arbitratora, and it is understood
that the latter will have full discretion in the matter, ond may attach such conditions to
the Regulations as they may a priori judge to be necessary and just to the two Powers,
in view of the difficulty pointed out.
With the above observation Lord Salisbury has authorized me to sign the text of
the seven Articles and of the Joint Commission Articles referred to in my note of the
23rd ultimo, and it will give me much pleasure to wait upon you at the State Department
for that purpose at any time that you may appoint
I have, &c-
(Signed) JULIAN PAUNCEFOTE.
No. 101.
Sir J. Pauncefote to the Marquis of Salisbury. — (Received December 23.)
(Telegraphic.) Washington, December 22, 1891.
THK question of the number of Arbitrators was reopened to-day by Mr. Blaine.
He stated that he was of opinion, as was also the President, that seven was too
large a number, and that it would suffice, as three arc to be appointed by foreign
Governments, if the United States and Great Britain should each appoint one. He was
anxious that the above consideration should be urged on your Lordship, and he
expressed the hope that efforts might be made to expedite as much as possible the
remaining arrangements.
n armed at,
ompletion of
n which this
,liis renewed
lutes such as
ncurrenee of
19.)
T 11, 1891.
! the honour
! sense of the
the Behring's
jnderstanding
SCEFOTE.
er 11, 1891.
s of Salisbury
the proposed
n his Lordship
3 of yesterday,
note of the
by guarding
CSS for further
)oint when the
is understood
conditions to
e two Powers,
ign the text of
iiy note of the
te Department
NCEFOTE.
T 23.)
ler 22, 1891.
Vlr. Blaine.
seven was too
ted by foreign
one. He was
dsbip, and he
aa possible the
133
No. 192.
Sir J. Pav,ncefote to the Marquia of Salisbury. — {Received December 28.)
My Lord, Washington, December 15, 1891.
WITH reference to my telegram of yesterday, I have the lionoiir to inclose
copy of a note wiiich I have received from Mr. Blaine, in wliich he states that the
President objects to your Lordship making any reservation at all in regard to the
Behring's Sea Arbitration Agreement ; togctlicr with a copy of the reply which 1 liavc
relumed thereto.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosuro 1 in No. 192.
Mr. Blaine to Sir J. Pauncefote.
Sir, Department of State, Washintjlon, Decembet 14, 1891.
I HAVE the honour to advise you that I submitted your note of tlie^llth instant
to the President. After mature deliberation, he has instructed me to say tliat he objects
to Lord Salisbury making any reservation at all, and that he cannot yield to him the
right to appeal to the Arbitrators to decide any point not embraced in the Articles of
Arbitration. The President docs not admit that Lord Salisbury can reserve the right in
any way to affect the decision of the Arbitrators. Wo understand that the arbitration
is to proceed on the seven points which are contained in the Articles which you and I
certify were the very points agreed upon by the two Governments.
For Lord Salisbury to claim the right. to submit this new point to the Arbitrators is
to entirely change the arbitration. The President might, in like manner, submit several
questions to the Arbitrators, and thus enlarge the subject to such an extent that it
would not be the same arbitration to which we have agreed. The President claims the
right to have the seven points arbitrated, and respectfully insists that J-ord Salisbury
shall not cliangc their meaning in any particular. The matters to be arbitrated must be
distinctly understood before the Arbitrators are chosen. And, after an arbitration is
agreed to, neither of the parties can enlarge or contract its scope.
I am prepared now, as I have been iieretofore, to sign the Articles of Agreement
without any reservation whatever, and for that purpose 1 shall be glad to have you call
nt the State Department on Wednesday, the IGth instant, at 11 o'clock A.M.
I have, &c.
(Signed) .JAMES G. BLAINE.
Inclosure 2 in No. 192. ; '
' ^ Sir J. Pauncefote to Mr. Blaine.
Sir, Washington, December 15, 1891.
I HAVE the honour to acknowledge the receipt of your note of yesterday's date,
in reply to mine of the 11th instant, respecting the signature of the seven Articles of
the proposed Behring's Sea Arbitration Agreement therein referred to.
I will transmit a copy of that reply to the Marquis of Salisbury by to-day's mail,
but I beg to state that, pending his Lordship's further instructions, it is not in my
power to proceed to the signature of the Articles in question, as proposed at the close of
your note,
I have, &c.
(Signed) JULIAN PAUNCEFuTE.
ii
■ .1
ll
!llf
i\ i
ill
184
No. 103.
Sir ./. Paunet/ote to the Marquiii of Saliabur}/, — {Recpived December 2H.)
My Lord, Washington, Decemhrr IS, ISOl.
IMMEDIATELY on receipt of your Lordship's tclejjrnm of the 10th instnnt I
Aildrcssod A note to Mr. Blaine, of whicli I have tlio honour to incloac n copy, and I
delivered it to him in person yesterday.
After reading it, lie at once made nn appointment for this morniiip at 11 to sign the
text of the seven Articles of the lioliring's Sea Arhitiation Agreement and of the Joint
Oommission Agreement, as settled in the di|ilomatic correspondence.
Accordingly, I proceeded to the State Department at the appointed time, and, after
the usual verification, the document was signed in duplicate by Mr. iiiaine ami myself.
I shall have the honour to transmit a copy of it to your Lordship by this mail in a
•eparftte despatch,
I hare, &c.
(Signed) JULIAN PAUNOEFOTE.
IncIoBure in No. 193.
Sir J. Pauncefote to Mr, Blaine,
Sir, Washington, December 17, .H'Jl.
I HAVE the honour to inform you that I conveyed to the Marquis of Salisbury, by
telegram, the substance of your note of the 14tli instant respecting the 6th Article of
the proposed Beliring's Sea Arbitration Agreement, and that I have received n reply from
his Lordship in the following sense.
Lord Salisbury is afraid that, owing to the difficulties incident to telegraphic
correspondence, he has been imperfectly understood by the President. He consented, at
the President's request, to defer for the present all further discussion as to what course
the two Govpir.mcnts stiould follow in the event of the Regulations prescribed by the
Arbitrators being evaded by a change of ting. It was necessary that, in doing so, he
should guard himself against the supposition, that by such consent he had nar; ved
the rights of the contending parties or of the Arbitrators under the Agreemct. ''ut
in the conmiunication which was embodied in my note of the llth in«tant, his ijoi siiip
made no reservation, as the President seems to think, nor was any such word used. A
reservation would not bo valid unless assented to by the other side, and no such assent
was asked for. Lord Salisbury entirely agrees with the President in his obioction to
any point being submitted to the Arbitrators which is not embraced in the Asi'ocnicnt,
and, in conclusion, his Lordship authorizes mc to sign the Articles of the Arbitration
Agreement, as proposed at the close of your note under reply, whenever you may be
willing to do so.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
• ■. ■ - . . No. 194. ^ • . ' '• ■ ■■
Sir J, Pauncefote to the Marquis of Salisbury. — {Received December 28.)
My Lord, '^ -rU' '. j • •. Washington, December 18, 1891.
WITH reference to my immediately preceding despatch of to-day, I liave the
honour to inclose herewith the text of the seven Articles of the Behring's Sea Arbitration
Agreement and of the Joint Commission Article, as signed by Mr. Blaine and myself.
I have, &c.
' (Signed) JULIAN PAUNCEFOTE.
, r>*'-'V* V***!. ^.tkf
185
19, l!?91.
til instnnt I
copy, ftiid I
I to siRii the
of tlic Joint
e. and, aftor
ml myself.
UH mail in a
OEPOTB.
rl7, H'Jl.
Salisbury, by
}th Article of
1 a reply from
telegraphic
conHcnteu, at
to what course
scribed by the
1 doin;^ so, be
had nnr; '^ed
ccnict. ''lit
, his ijor 'Sliip
.ord used. A
10 such assent
objection to
c Asi'ccmcnt,
he Arbitration
r you may be
ifCEFOTE.
28.)
er 18, 1891.
I have the
ea Arbitration
and myself.
NCEFOTE.
Inclosuro in No. 194.
Text of Articles for insertion in the Bfhring'e Sen Arbitration Affreemi-tit «» settled in
the Diplomatic Correspondence between the Oovernment of Great Uritain and the
Government of the United States.
I.
WHAT exclusive jurisdiction in the sea, now known as the Behrinx's 8oa, and what
exclusive rights in the seal fisheries therein, did Russia assert and exercise prior and up
to the time of the cession of A'aska to the United Slates P
11.
How far wore these claims of Jurisdiction as to tho seal fisheries recognized and
conceded by Great Britain ?
III.
Was the body of water, now known as the Behring's Sea, included in the phrase
" Pacific Ocean," as used in the 'I'reaty of 1825 between Grcot Britain and Russia; and
what rin^hts, if any, in tho Behring's Sea, were held and exclusively exercised by Russia
after said Treaty ?
IV.
Did not all the rights of Russia as to jurisdiction, and as to the seal flsheriei i i
Behring's Sea cast of the water boundary, in the Treaty between the United States and
Russia of the 30th March, 18G7, pass unimpaired to the United States [under toat
Treaty?
■ "" '■■ ■■'• " f. ■""■"■■" ■' ■■•••■'■•^■"*""'
Ilns the Up'.V.I States any right, and, if so, what right of protection or punerty in
the fur-sciils frc(|uenting the islands of the United States in I3uhring's Sea when su'.-h
seals arc found outside the ordinary three-mile limit ?
VI.
If the determination of the foregoing questions as to the exclusive ju'isdiciion of
the United States shall leave the subject in such position that the concurrence of Great
Britain is necessary to the establishment of Regulations for the proper protection and
preservation of the fur-seal in, or habitually resorting to, the Behring's Sea, the
Arbitrators shall then determine what concurrent Regulations outside the jurisdictional
limits of the respective Governments arc necessary, and over what waters such Regula-
tions should extend, and, to aid them in that determination, the Report of a Joint
Commission, to be appointed by the respective Governments, shall be laid before them,
•»ith such other evidence as cithor Government may submit.
The Contracting Powers fnrtberniorc agree to co-operate in securing the adhesion
of other Powers to such Regulations. , . ;
VII.
The respective Governments having found themselves unable to agree upon a
reference which shall include the question of the liability of each for the injuries alleged
to have been sustained by the other, or by its cilizens, in C(mnection with the claims
presented and urged by it -, and, being solicitous that this subordinate question should
not interrupt or longer delay the submission and determination of the main questions,
do agree that either may submit to the Arbitrators any question of fact involved in said
claims and ask for a finding thereon, the question of the liability of either Government
upon the facts found to be the subject of further negotiation.
(Signed) JAMES G. BLAINE.
JULIAN PAUNCEFOTB.
December 18,1(91.
1,^
i|t»!
I
IT'' 1 1
, f "
Text of the l}fhrin</g Sea <oiut Commmion Aijtfpment an selthd in the Dipi^matic
dnrrrspondenee between 'he Government of ^ircnt lirilnin and the Government of the
United IStatet.
Knoh (lovt-rnmcnt nlinll npiiolnl (wo ComtniHiiioiicrM t«» invcBlifrntp eonjoliitly wUli
Ihc (lomniiHsiotn'iM ol' (lie oilier (iovoniinci'.t nil Uio I'mcIh Imvinpr lolntinn to scnl lifo in
HclnitiR's Won, nntt Iho mpnuurcM nci'c.xHHi y lor ilw proper prolcclioii niitl prcHorvntion.
The four OoininiBHionprN hIiiUI, ho fnr hh Mioy inn y lie iililo (o n^roc, timkc n joint,
Uqiort to oRcl) of (lie two Oovoriinx tils, nn<l llioy Hlmll ul«o roport, eitlitr jointly or
Bcrcrally, to cnoh Oovcrnniont on niiy iioinls upon «liieli ttioy tmy bo unublo to nRrcc.
TliV«c Reports Hl:nll not lie mntle pulilie until tliey nhnli lie miltmitted to the
Arbilrntors, ov it Hhnll nppenr (hnt tlic eonti«K«"<'.v "' '•'«^i«' l»*^'iiig used by tho Arbitrutors
caniiot nriHc.
(Signe.!) .U?LI/\N PAUNCKK0T15.
JAMKH G. liLAlNK.
December lf», 1^01.
"■ :: ■ ■;■ : ' '■' ^ "■■■" No. 105. ,, ■■■ ' ' : ■-;
The Afrtrqnis of Salishuru to Sir J. Prtuucefrf*
^Tele^ranhic.) ' h'oreiyn OJfii:e, December I'U, 181H.
YOlIK fclojrrnm of the i!2nd iimtant.
You hIiouM nuiko it olo'ir to Mr. Hlaino tlmk Hor iMttjysly'H Government urge the
ai>)>ointn)onl oI'hovcii ArbitnitorH.
i\o. 11)0. , .
The Marquis of Siilishury to Sir J. Pnuneefate.
I'oreiijn Offiie. Dnvember l\0, 18111
!^,,. :v
(.'IVlejj.npliic")
I'-KiilUNG'S SKA.
i h;\\v been iktiketl by Sir (' Ibiiien-Vovvoll to nHoortnin wliotlicr nny date can
be lixed lor the nieeliui;: of tlie .fdint Coiumission.
He i.v ret>'iy to slni I on ibc (Uh .lauiiary it' ueooHsnry,
' • No. 197.
iSfV ./. Ptmncffote to I he Marquis of Salisbury.- — (liereived January t.)
(Teleij'niphie.l Washhujton, January 2, 1892.
Wiril velVivniv io your liordsbips telei?rarii ul' (b(> .'iOl'i ultimo, rcliitivo to
the H<'lnMU}r's Seji .loint ^'omn^i^;■^u>u, .Mr. Hlniiii^ li;is no objeetion to its meetiufif nt
the ejirliesl dnte wbieli nmy be ju'nnitted bv (be ollior publio duties ot tlie Ameiienii
Conin>i'-.siot\ers. What that d.ito will bo bo ^u»»h s ti» bo in a jiosition to inform mi on
the ttb iustiint.
No. 19S,
bic ./. Paur.cefote to the Marquis of Sa'isbury. — {Peceivtd January 4, 1802.)
yU U^xd, Washinqlon, December 23, 181)1.
I H.WK the honour to iiulose herewith (""ensufi Bulletin No. \2-) relative
to the fisiiinjj induMtiy of the United States eonuectcd with nuuiuo tnamnialia.*
Tilt luwiiiess [uiisucd by the Alaska Commercial Coinpany is not given in the
Report.
Kxcbisiie of the operations of this Company, it appears that the eapitnl
inveslcti in the luv-soal and sen-otter lishery in 18M) wis \[y.',7Ci7 dollars; the value
»)f the produets landed in the same industry was 124,083 dollars; the number
• Not priuUil
j:H.
187
rnniftit of the
injoliilly with
OBOol lii'o in
iHcrvntion.
nmkc a joint
lior jointly or
ilo to nRicc,
littod to tlio
10 Aibitmlors
A INK.
er '2\), 1801.
ment >irgo tlic
tiny (late c«n
ry k)
uary 2, 1892.
no," relativn to
its iiici'tinK at
t tho Anu'i'ii-ai\
) inronu nu on
4, 1802.)
nhcr 23, 18i)l.
(1. 12:5 reiativt
iiatnnuilia.*
not gi\en in the
lull tlic capital
(avs; Hie vulno
s; the nnnibrr
of pfraonN eiigii :;;»•( I, 4'2.'. Of the rnr-Hf/il and oticr (loot, 11 vosboIm hnilfd from
Snn KiuneiHco, 7 IVom Port '{'ownftrnd, Washington; 1 from Santa Har^ -a,
Calirornia ; anti 1 fVom Sah-ni, Mnp.narhimrtlH.
or thp empU)V<''H, 2H.'i wrro nutivcH of the Unilrd States, of Cnrnda, 18 of
Qroat Ki'itain, 'M ol' .lapnn, and .M ol' Norway and Sweden.
The number uF the fnr-ncal gkinn tulten wan 228,
228.
J have, &<'.
(Sif^nod) JUJilAN PAUNCEFOTE.
No. 10!>.
Sir J, Paunce/ote to the Martjuis of iSalwbuTy.—^ller.mwd January 4.)
(Telpprnpliic.) Washington,' January 4>, 1802.
Wiril refcrcnec to my trlogram (tf tlin 2iid inHtaiit, I have the honour to
state tliat I was Inl'ormed to-day by Mr. Ilhiine that the President ennnotl^eonsent
to the nicrting ul' tiie .luint CommisHion uotil <i definite settlement has i)een{arrived
at as to the remaining; details of the Arbitration Agreement, which formed the
subject of my telegram of the 2nd instant.
No. 200.
•'••/; ./, I'avnrr/otc to thr Manjiiis of Salinbuiy. — (Ihcaivcd January I '3.)
('r«'l('L;inphi<'.) Hanhington, January ].'{, 185)2.
I IIAVK iho honour (o infoini your l.drdKJiip (hat iVlr. Mlaiiie is now immt
anxiuiM I'l,; (lie unnu'diale niceting of the .Joint ('onimisHiori, and begs that
iiiNl ructions nuiy be ^ent to the two Hiitish ( onimi.-^RionerH l(» proceed with as lifth;
delay as iitmsible lo Washington, which, in his opinion, taking all Hie circumstances
!!><(» consideration, is the most convenient place wf meeting. I should be glad to bo
informed whether Sii* George Ijaden-Poweil has left for America.
No. 201.
.S'l'r ./. Paunce/ote to the Marquis of Salisbury. — {Received January 14.)
(ToleiL'rnj)hic.) Wanhinyton, January U, 1692.
HKIIIUNtJ'S SK.A Joint Commission.
1 think it of the greatest importance that .Sir (i. Maden-Poweli and
Dr. Dawson should be authorized to procerri to Washington at once. I will
telegraph to l^ird Stanley, begging him to request the latter gentleman to hold him-
self in readiness to start.
No. 202.
Foreign Office la Sir G. Baden-Powell.
Sir, Foreign Office, January H, 1892.
I .\M directed by the Marquis of Salisbury to inform you thatSir J. Pauncefote
has rei)orte{l, by telegraph, that the United States' Government arc now anxious
that the Joint Commission should commence its sittings at once.
It is therelorc (Icsirnblc that you should proceed lo Washington as soon as you
conveniently can.
I am, &c.
(Signed) T. V. LTSTEE.
I
%'\
w
[«731
t
rasB
138
'] !
¥
No. 203.
Thr Marquis of Salisbury to t/ic Behring's Sen Commissioners.
Gentlemen. ['ordi/n Of/irr, Jainidri/ 15, T^OU.
I HAVK to inl'orm yoii that iter Majesty's Minislor at Wasiiiiif^tou lias sent
home tlie text of seven Articles, sij^neil by liimselt' and Mr. Blaine on the
18th ultimo, which are to be embodied in ai'ormal As;rcenient between IIiu' Majesty's
Government and that of the United States lor referring" to Arl)itrators certain
questions at issue between the two Governments in regard to the jurisdiction
claimed by the latter over the waters of Behiing's Sea in connection with the
fur-seal fisheries therein.
Sir J. Pauncefote has also forwarded the text of an Agreement signed on the
same day for the appointment of two Commissioners l)y ilcr Majesty's Government
and tiuit of the United States respectively, to investigate, conjointly with the
Commisaicjners of the other Government, all the facts relating to. seal life in
Behring-'s Sea, and (lie necessary measures for its proper protection and preservation.
A copy of Sir J. raiincefote'a despatch, inclosing both these documents, is
forwarded hciewith for your information.*
I now transmit the Queen's Commission under the Sign Manual appointing you
to be Her Majesty's Commissioners in accordance with the provisions of the .Joint
Commission .Agreement, and 1 request that you uill proceed to Wiishingtou as
soon as you c:in conveniently do so, in order to draw np the Report indicated in the
second paragrajih of the Agreement.
The inl'ormation which has been obtained by your American colleagues and
yourselves during your recent visit to Behring's Sea will supply you with material
for the preparation of your Report.
There are. however, a few points to which Her Majesty's Government consider
it desirable that your special atteniion should he directed.
Y(/ii will o'jserve that it is intended that the Report of the Joint Commissioners
shall embrace recommendations as to all measures that should be adopted for the
preservation of seal life. For this purpose, it will be necessary to consider what
Regulations may seem advisable, whether within the jurisdictioi\al limits of the
United States and Canada, or outside those limits. The Regulations wiiirh the
Commissioners may recommend for adoption within the res])eetive jurisdictions.
of the two countries will, of course, be matter tor the cons.ideration of the respective
Governments, while the Regulations atlecting waters outside the territorial limits
will have to be considered under clause (5 of the .\rbitration Agiecment in the event
of a decision being given by the .Arbitrators against the claim of exclusive jurisdic-
tion |uit forward on behalf of the United States.
The Heport is to be presented in the first in-tance to the two Governments for
theii consideration, and is subsequently to be laid by those Governments before the
Arbitrators to assist them in determining the moic restricted (]ueslioii as to what, if
any. Regulations are essential for the protection of the fur-bearing seals outside the
territorial jurisdiction of the two countries.
In the event of any jioints arising on which the Commissioners are unable to
arrive at an understanding, they should re|)ort jointly or severally to each Govern-
ment on such priints.
In conclusion, I have to state that Her Majesty's Government place every
reliance on your tact and discretion in the conduct ol your investigations with your
American colleagues, who will, no doubl, lie equally desirous witli yourselves
of arriving at a common agreement on the (piestions to be discussed.
I am, &e.
(Signed) SALISBURY.
No, 204.
Sir G. Baden-Powell to the Marquis of Salidiurij. — {Reccired Fehruary 1.) '
(Telegraphic.) Washington, Fehruary 1, 1892.
ARRIVED Washington with Dawson 3tsL January.
• No. IS4.
m
189
! f
3, lsi)2.
i lias sent
3 on the
Majesty's
rs certain
irisdiction
with the
10(1 on tiic
ov eminent
Willi the
oul life in
escrvation.
iiments, is
minting; you
if tlie Joint
hinn-ton as
■alccl in the
cngues and
th material
ant consider
mmissioners
ited for the
iiisiiler what
iiuits of tiio
s wiiich the
iirisdictiouf.
ic respective
torial limits
ill the event
ive jurisdic-
irnments for
ts before tlic
IS to what, if
outside the
Ire unable to
icli Gf)vern-
I place every
IS with your
Yourselves
ISBUllY.
jrj/ 1, 1892.
No. 205.
Sir J. Paunccfoti' to the Marquis of Salisburtj, — {Received February 1.)
(Tcl(';,'rapliie.) Waslmigton, February 1, 1892.
I IIAVK the honour to inform your Lordship that Sir George Baden- Powell and
Dr. Dawuon have arrived here. ( called with them to-day on Mr. Blaine, who
promised that the place and time of meeting- of the Joint Commission should be
arranged at once.
No. 206.
Sir J, Pauncefole to the Marquis of Salisbury, — (Received February 7.)
My Lord, Washington, January 29, 1892.
I HAVE the honour to inclose herewith copy of a note which I .addressed to
Mr. Blaine, informing him of t!ie accept;ince by Her Majesty's Ciovernment of his
jiroposal that the B-jJiring's Wea foreign Arbitrators shall be chosen by Prance,
Italy, and Sweden.
I have, &c,
(Signed) .JULIAN PAUNCEFOTE.
Inclosurc in No. 20G.
Sir J. Pauncefote to Mr. Blaine.
Sir, Washington, January 21, 1892.
I HAVR the honour to inform you that immediately atter my interview with
you on the Ifjth instant in regard to the question of the countries who are to name
the .Arbitrators in the Behring's Sea controversy, I telegraphed to the Marquis of
Salisbury that you did not insist on the knowledge of English by the Arbitrators
as a condition, but merely as a desirable cpialification.
I ha\e now received a telegram from his Lordship, stating that Her Majesty's
Government acce|)t your proposal that the Arbitrators shall be chosen by France,
Italy, and Sweden.
I have, &c.
(Signed)
JULIAN PAUNCEEOTE.
No. 207.
Sir J, Pauncefote to the Marquis of Salisbury, — {Received February 8.)
(Telegraphic.) Washington, February 8, 1892.
I FORWARDED, by hag, on the .Ith instant, for your Lordship's approval, a
draft Behring's Sea Arbitration Convention which lias been proposed by Mr. Blaine.
The Joint Commission is endi'ulied in it, and Mr. Blaine insists that the proceedings
of the Joint Commissioners shall he informal until it is signed. Afier much delay,
they meet to-day for tiie first time. A modus vivendi during the next (ishery season
is pressed for by Mr. Blaine, and he hopes that Her Majesty's Government will be
prepared to put into force any Regulations which may be recommended by the Joint
("ommission for immediate application.
No. 208.
Behring's Sea Commissioners to the Marquis of Salisbury, — {Received February 10.)
(Telegraphic.) Washiiglon, February 0, 1892.
WK beg to report, for your Lordship's information, that we have commenced
to hold meetings of an informal nature with the American Commissioners, clearing
the ground where possible, but until tiie .\rbitration Convention is signed we have
[572] ' T 2
i '\\
^n
i ,4 js
■ «WWf'
140
decided llint it is not oxpedicnt to commonco tbrmat work, or exiiibit any of the con-
clusions nt which wo have arrived.
No. 20J).
Colonial Offica to Foreign Office. — {Received Behruari/ 10.)
(Hxtiiio(.'| Downing Street, February 10. 1892.
I AM (liioclod I)y Lord Knutsford to ncitnowledpfc tlic rocci|)t of }oiir loiter of the
flth inHtaiit, indoHiiip parnjthraso of ft tolcffnuu from Her MnjcHty's Minister at
Witaliinglon respecting the Heluing'rt Soft negotiations.
Tiord Kiiutsford dodircs mo to Htntc that he thinks it deHirahlo, if tiio Miirquis
of Sftlisbnry sees no objection, to consult the Caniulian Oovernment as to the jjroposals
for ft renewal of the modtin vivendi, and the enforcement of such llegulations fts the Joint
Commission may recomn»cnd for immediate apidication.
No. 210.
The Behrimfs Sea Commissioners to the Marquis of Salisbury. — (lieceived Februnri/ 1 1 .)
My Lonl. Ottawa, Janunry 2'.», I8i>2.
WK have the honour to acknowlodge the receipt of your Lordship's (les|)atoli
of the l.'itli instant, inolosiu};- the l^uoen's Commission under the Hif;n Manual
appointin" us to l)o II(>r Majesty's Comiuissionors in accordaiuM! witii the provisions
of the Joint (.'onimission Ai;recn>ont of the 18th !)ocend)er, 1HS)1, hetween Her
Miijosty's (lovornmont and tiuit of" tiie United States.
We are not aware whotlicr tin; United States' Commissioners have as yet been
appointed, but \vc were intormcd on the 'iSth instant by Sir Julian I'auncofote that
Rlr. Hlaine agrees to the meeting; of the Joint Commission on tiie Ist Kebrnary.
We are therefore proceodiu};!; at once to Washington, where we will endeavour
to the best of our ability to carry out the instructions embodied in your Lordship's
despatch under acknowledgment.
We have, &c.
(Signed) (5E011GE BADEN-POWELL.
QEOllGE M. DAWSON.
No. 211.
The liehring's Sra Commissioners to the ^farquis of Sali^ibury. — {Received February 1 1.)
My Lord, Washington, February 1, 18!)2.
WK h.ive the honour to report that we arrived hero on the evening of Sunday,
the 31st January.
We called on Sir Julian Pauncefotc the same evening, and he courteously
arranged for an interview with the Secretary of State on Monday, the 1st February.
This morning Sir J. Paunccfoti formally introduced us to Mr. Blaine, who told
us that he would at once make the necessary arrangements for us to meet our
fellow Commissioners, but he did not anticipate that a meeting could take place
before Wednesday, the 3rd instant.
We took the opportunity of explaining that we were fully prepared to commence
work to-day.
"We have, &c.
(Signed) GEORGE BADEN-POWELL.
GEORGE M. DAWSON.
of tlio con-
10. 1892.
loiter «)t' the
Minister at
the Marquis
Lho j)roi)OHal8
as tl>o Joint
•''ehnuirji \ I .)
,/ 2'J, IBV>2.
ip's (Icispatcli
rtii>n Maniiixl
ho provisions
betsveon Her
,c as yet '>w»
iiiicelole that
i'cbri\ary.
will endeavDiir
)ur Lordsliip's
.rOWKLL.
(VSON.
February U.)
uary 1, ISO^J-
ing of Sunday,
10 courteously
5 Ist Fcl)ruarv.
Ilaine, who told
IS to meet our
uld talic place
ed to commence
N-POWELL.
.WSON.
141
No. 212.
Sir J. Pauncefoh' to the Murquiii of Salkburij. — {Received February 15.)
(Extnu^t.) ■ * Waithinglon,Fehrvary^,\m'2,.
AH 1 had tlio honour to report iti my doHpatch of the 'J!»tli idtimo, I informed
Mr. HIaine, in a note dated the 'ilst ultimo, that ller Majesty's (loveriiment had
accepted his proposal, that the tliree foreign mcnil)er.s of the Hehring's Sea
Arbitration Trihunal shonid be eliosen by Kranee, ludy, an<l Sweden.
On the iJOlh ultimo, not haviiif!; received iiny t'urther eommunieation from
Mr. Blaine on the subject. I addresseil a note to him (of which a copy is inclosed),
inquirin^r wiuither he was now preparcij in pr.Kccd .-ii once to the pr(!i)aration and
signature of the Arbitration Convciiioii.
On the i'nd instant Mr. liiaiiu; invited me to call on him, wIiimi he placed in my
lian<ls the draft of a Convenlinn which he re(piesled nic to (jxamine, .ind which is
based on the Arbitration Articles of the Ticaly of \Vashinf;lon, jind incorpoi'ates
the Articles ;dready signed, and also the .Joint ("ominission Af;reement.
It was arriuificd that I should ■;(> over the draft the followin}; day with
Mr. Alvey A. Adee (.Second Assistant Secretary of State), by whom it hail been
|)rc|)aied, so that it should be put into such a form as J should approver before
submitting it to your Lordship, I accordingly had several interviews with
Mr. Adee, at which I suggested vjirious alterations which were .ulopted, and I nov/
have the honour to inclose a copy of the draft, as amended, for your liOrdshi[)'s
consideriition.*
The reason assigned for including iIk; Joint ('onimission Agreement in the
Aibitration Convention is that, as it. entails an expenditure of public money, it must
be laid before th(! Senate, as well as the Arbitration ConvtMition, and it is more
convenient that the whole arrangement should be comprised in the same instru-
ment.
If your [iOrdshiji should approve substantially of the draft, Mr. IJIaine suggests
that it would save a great deal of tinu^ if I were instructed, by telegraph, to sign the
Convention (with siu-h nuxlilicatioiis as your Lordship may desire) nunc, pro tunc,
and without awaiting the arrival of my full powers, which can be communicated
later on.
Inclosuro in No. 212.
Sir J. Paunr.pfole to Mr. Blninc.
Sir, Wash ing ton, January 30, 1802.
ALL the details of the Hehring's Sea Arbitration having now been linally
settled uy the understanding arrived at as to the Clovermnents who shall be invited
to select tiic th;ee foreign Arbitrators, I have the honour to request you to be good
enough to inform me whether you are preparcfl to proceed at oiue to the prepara-
tion and signature of the formal Aibitnitiou Convention and of the .loint Conuuission
Agreement, in accordance witli the text of the Articles to be inserted therein, whii h
was signed by us on the I&th December last.
I have, &c.
(Signed) JULIAN I'AUNCEFOTE.
No. 213.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received February 15.)
My Lord, Washington, February 5, 1892.
AT the interview which I had with Mr. Ulaine on the subject of the draft
Arbitration Convention transmitted in my previous despatch of this date, he strongly
pressed upon me the importance of being prepareil to put in force during the next
* For Convention at signed, >ee No. 346 .
' 1
If
I
1
I Ii
r :|
149
fishery aoason in Rchring'N Sen hucIi I{c(;iilnli()im .ih nii^ht In* rocoinniondcd by tho
Joint CummiHsioii whicii ih about to coniiiHMicc its Killings in \V.'isliiii<;l()ii.
Mo observed that it was now (juilc certain (hat (he arbilralion would not be
concludc<l for many months, and no lime, thcrcl'ore, siionld bo lost in devising
another modus viveiidi, to lake eHoot Irom tho ox|)iraliou of tho I'rcscnt one.
In answer to his in(|uiry as to the |iowor ol' IIct iMiijcsty's (iovornmont to put
in force any Regulations which ini}>;ht temporarily be .if;rce(l upon, I stated that lor
such purpose it would be necessary to have recourse af;ain to I'arli.inient.
lie then re(|uested me to invite \</ur Lordship's immediate attention to (he
imporlunee of takin<; immediate powers lor that purpose, as llii; s(;aling lleots wero
already reporteil to be clearing out,
I have, &e.
(Sif,'ned) JULIAN I'AUNCEFOTE.
No. 21 t.
T/ii' Marquis of !<<illslnirii to Sir .J. I'initircfolf,
(Telon;rnpbie.) /■"-.) r/,/H O/Urr, I'Vhntnty K!, 1802.
TIIK draft Convention, inclosed in your despjitch of the .""jth instant, for
referring' to arbitration the (piestions at issue between Iler Majesty's (Jovernment
and that of the United States in eonnei'tion with I he seal iisheries in Hehring's Sea,
has been relerred to the liuw Odieers of the Crown, who have been asked to liirnish
a Report on its terms at their earliest convenience.
Iler Majesty's (Jovernment cannot ex|)ress an opinion upon Mr. Hl.nine's
proposal for a fresh modus rirt'ndi during the present year until tiiey are further
informed as to what the provisions of the modus vircndi Jiie to be. It (iocs not seem
to be at all necessary for the preservation of tho fur-seal species that sealing should
be entirely prohibited.
No. 215.
Sir J. Pauncefote to the ^farquis of SSalisburij. — (lieceivcd February 18.)
(Telegrapliic.) Witsh.ntjtou, February 17, 1892.
\\ ITU ict'orence to your I.ordsliip's telep;ram of the 1 0th instant, Mr Ulaine presses
that the <|ucstion of the modus rivemli should be considered iind rcjiurted on by the .Joint
Commission. 1 have informed him that, in my oj)inion, it has no power to do sounder its
present mandate. Will your Lordshi]) iid'oriu ine whether you are willing that the
ncecssary authority shall he given to the Comnnssion, provided that no obligations will be
imposed upon cither Government by its report ?
B
No. 21(1.
The itnrquii if Salisbury to Sir J. Pmiuccfolr.
(Telegraphic.) Forcii/u Oflicc. luhuury IS, 1802.
HER Majesty's (jovernment have had under their consi<ieration Mr. Jilaine's
proposal, reported in your telegram of yesterday, that tho Joint Commission
should examine and report on the (piestion of arranging a fresh modus virrudi during
the next seal-lishing season in Ik'iiriiig's Sea.
Thev have no objection to its being considered by tiie Commission whether, in
case the decision of the Arbitrators is not obtained before .June on the points to be
submitted to them, any modus vivciidi will be necessary, an<l, in that ease, what
should be its provisions.
Her Majesty's Government must, however, reserve absolntely their right of
action in respect to any recommendations that may be made by the Commis-
sioners.
In the present state of Parliamentary business, it seems unlikely that it would
be possible to obtain any fresh powers from Parliament,
I by tho
1 not be
devising
ul lo put
1 tliiil lor
)n U) Ibc
uols wcio
irOTE.
1(1. iHn2.
istiint. lor
iovornniont
;vii\fj,'« Si'ii,
I to I'lirnisli
Ir. Jilainc's
arc i'uitlier
OS not scM-m
ilint;- sliniild
L8.)
,17, 1892.
llrtine jiri'sses
liy tlic Joint
Ij Ml under its
[ing thut the
itions will bo
I, IS, 185)2.
iMi. Ultiiiic's
I Commission
Ircudi (luring
uiicllier, in
Ipoinls to be
case, what
iicir riglit of
llic Commis-
lliat it would
14fr
in (oroo, but it only gives
xiiicii within limits and for
"The Seal Fishery (Behring's Sea) Act, 1H<)1," is sli
power to prohibit seeding in IJchring's Sea by Order in C(
a period lo bo H|)ecilied in the Oriicr ils(dr.
You should coinmnnicul(; to the ('anaclian (iOverruuent the subslunce of your
tclegrnm ol the ITtii instant, and of my reply.
(Toleufrn])hie.)
No. 217.
The .\far(iuia of Halishiiry In Sir J. Pauncnfole.
Fordijn OJfice, February 20, 1 802.
IIKIl Majesty's (iovernment have had under tiieir consideration the draft of
a Convention, lorwnrded with your despatch of the 4tli instant, for arbitration
on th(> (|in's(ion of the seal llsli<'ri(!s in llehrin^'s Sea.
'I'licy are prepared to accept it, subject to certain amendments which I
liavc telegraphed to you.
No, 218.
Tim livliriiKj's Sat Commissioners lo the Marquis of Salisbury. — {Received February 2.').)
My l-ord, Arlinglon Hotel, Washington, February \9, 1892.
IN continuation of our dcspiiteli of the 1st instant, we have the honour to report
that after informing the Sccrctaiy of State of our readiness to eoannencc work on
the .loint Coinniission on the 1st l''el)ruin'y we received no further intimation as to our
conferences nntil Sir .Inliiui I'auncefote connnunicatcd to us the iidbrmation that in letters
dated tlie Uli and Hth I'Vhruary iMr. HIaine hud |i(iintc(l out to him that wu could not |)ro>
cced olHciidly to fh(; diseiiiiij^e of our duties or forniulute our Reports until the Arhitratioa
Convention was sisjined, hut that he would inter|)ose no objection to our holding preliminary
and inlbrmal conferenees.
2. On the 8th Fchruary we accordingly held our first preliminary conference, and
much pre]);u'rttory work was got through. It was then arranged to hold a second con-
ference on the 1 Ith instant.
'A. The decision on Mr. IJInine's suggestion that, pending the signature of the Arbi-
tration Convention, the meetings of the .Joint C^onunission were to be informal, we com-
municated to your Lordsiiip on the Otli instant, in a telegram of which a paraphrase is
inclosed herewith.
1. On the loth I'Y'bruary, however, Sir J. Panneefotc received and communicated to
us a further letter from tiie Sccretai'y of Stult', diitcd the previous day, in which .Mr. lilaine
unexpectedly took up (piite a new position, stating thiit the United States' Commissioners
bad now hecn instructed to make known to ns their reaiMncss formally to arrange for a
joint eonlcrencc, and pro'jccd without turther delay to the discharge of the duties assigned
to them.
[), We ventured (o suggest to Sir .Julian I'auncefote that in view of the strong opinion
''Xpressed hy Mr. HIaine in his letters of the '1th and Gtli February it might be well if notes
wt'c exchanged between the two Govcrin.icnts, deeli\i'ing that all work and conferen''es of
the Icint C!omniission undertaken before the signing of the Arbitration Convention would
be regardcMl b\ them as formal and eliicient in character.
t>, (Jn Tlinrsday, the 1 llh instant, after consultation with Sir .1. Pauncefotc, we held
the second eonl'erence, at which we conununicated our respective powers, and decided to
regard that and future meetings ns formal pending the signing of the Arbitration Con-
vention, and on the understanding that the respective Governments have so detcrnn'ned.
7. \\c have now decided to meet de die in diem, and there seems to be every prospect
of our |)rogressing well with our work.
8. The United States' (iovernment have very courteously provided accommodation for
our conferences in rooms at the State Department.
We have, &c.
(Signed) GEORGE BADEN-POWELL.
GEOIWE M, DAWSON.
-■— .» ,
H'
I
■f.
,1
i
-fm
; ;,
\ ' "
';f
I
144
No. 215).
Lord Stnnlei/ of Pretlon to Lord Kmit^ford* — {Uecciced February 24.)
Crcleijraphic.) Ottawa, February 23, 1892.
WITH refeivnco to jour telograni of the Kitli instant rcspoctinp tho modus vivendi
in Bcliring's Sea, my Ministers do not possess any information to show that a modus
vivnidi is necessary, or that it can he reasonably demanded. li', however, such
information has reached Her Majesty's GovernmcMit, the Government of the Dominion
uonld not op))()e(< such a modus viteiidi provided that it were confined to a zone of
moderate limits, say, 25 miles, around the seal islands, and provided that it is
accoini)anied hy string(>nt restrictions aufainst the killing of seals on land, Avith hetter
supervision than during the modus vivendi of last year. Any arrangement of a
more extended character would involve compensation to the scaling-vessels, and for
this, of c()urs(>, Canada could jiot he (>xpeeted to make provision from the funds of the
Dominion.
No. 220.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received February 25.)
(Telegraphic.) Washington, February 25, 1892.
BEHHING'S SEA modus vivendi.
With reference to your Lordship's telegram of the 16th instant, 1 have informed
Mr. Blaine that your Lordship could not give an opinion until you learned wiiat modus
vivendi was proposed.
Following is the suhstance of a note which I have received in reply : —
The arbitration cannot possibly be concluded within the period of time which was
contemplated originally. The delays which have occurred have been much more by Great
Thitiiin than by the United States.
The President suggests that the modus should be similar in terms to that of last year,
but that it should be more fully executed. More efficient measures on the part of Her
Majesty's Government will be practicable this year owing to the earlier date. More seals
than ever were taken last year, the departure of the sealing-vcssels having taken place pre-
vious to the agreement as to the modus vivendi. The j)revention of sealing in the North
Pacific Ocean would be the most efl'ective measure for Uer Majesty's Government to
adopt. The large number of sealers preparing to go forth from British Columbia would
have to receive notice of this. The number of sealers is reported to be larger than ever,
and without regulations there will be an immense destruction of females heavy with young.
Mr. Blaine urgently requests me to send the contents of the note to your Lordship by
telegraph. 1 have not yet mentioned the question of authorizing the Joint Commission to
report on the modus vivendi on the conditions mentioned in your Lordship's telegram of
the 18th instant.
1:
No. 221.
Sir J. Pauncefc lO the Marquis of Salisbury, — (Received February 26.)
(Telegraphic.) Washington, February 26, 1892.
AIY telegram of yesterday.
Mr. Blaine specially desires me to telegraph to your Lordship verbatim the following
paragraph contained in his note of the 24th instant respecting the modus vivendi; —
" Molding an arbitration in regard to tho rightful mode of taking seals, while their
destruction goes forward, would bu as if while an arbitration to the title to timber-land
were in progress, one party were to cut remove all the trees."
He attaches much importance to this illustration.
No. 222.
Sir ./. Pauncefote to the Marquis of Salisbury. — {Received February 27.)
( Pelegraphic.) Washington, February 26, 1892.
WITH reference to your Lordship's telegram of the 25th instant, the opinion of the
British Behring's Sea Commissioners as to a modus vivendi may be convenient to your
liordsbip at this juncture. They report as follows : —
' Repeated to Sir J. Pauncefote.
J4.)
,23,1892.
modus Vivendi
that a modus
owovor, such
:h(? Domiuion
to a zono of
hI that it is
(l, with hotter
■^(!ment of a
;ssels, and i'or
> funds of the
U6
" We do not apprehend any danger of serious further depiction of the fur-seal resort,
ing to the Piibyloff Islands, as the result of hunting; tills year, unless excessive killing be
permitted on the breeding islands. As a judicious temporary measure of precaution, how-
ever, for this season, and looking to permanent regulations fur the Ashery as a whole being
eslablished in time for the seuson of 1893, we would recommend the prohibition of all
killing ut sen during this senson, witliin a zone extending to, say, not more than 30
nautical miles around the Pribylofl' Islands, such prohibition being conditional on the
restiiction to a number not to exceed 30,000 as a maximum of the seals killed for any
purpose on the islunds."
I believe that the necessity for the total cessation of pelagic sealing will be insisted on
by the American Commissioners, if the qucslion be referred to the Joint Commission; but
I submit that it is not necessary lor us to go beyond the opinion of our own experts,
pending arbitration.
No. 223.
3,26.)
try 25, 1892.
[ have informed
ed what modus
time which was
I more by Great
that of last year,
Lhe part of Her
ite. More seals
taken place pre-
ig in the North
Government to
Columbia would
larger than ever,
leavy with young,
your Lordship by
it Commission to
lip's telegram of
.ary 26.)
■uary 26, 1892.
aim the following
Vivendi .' —
seals, while their
le to timber-land
nary 27.)
bruary 26, 1892.
the opinion of the
;onvenient to your
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, February 27, 1892.
HER Majesty's Government have bad under their consideration your telegrams
of the 2.5th and 2(ith instant, dealing with the question of the modus vivendi proposed by
Mr. Blaine for the approaching seal-hunting season.
They cannot admit in any degree the correctness of Mr. Blaine's statement that
there have been greater delays on the part of this country in the negotiations for settling
the Behring's Sea difficulty than there have been on that of the United States.
The consent of Her Majesty's Government was given last year to a modus vivendi
solely on the ground that the preservation of the seal species in those waters was supposed
to be endangered unless some interval were given duritig which there would be a cessation
of hunting both on land and sea.
So information has reached Her Majesty's Government to lead them to suppose
that so drastic a measure is requisite for two successive seasons.
Indeed, they are informed by the British members of the Joint Commission now
sitting at Washington that there is no danger, so (ar as the sea fishery is concerned, of
any serious diminution of the numbers of the fur-seal species as a consequence of hunting
them during the approaching season.
You are, however, authorized to offer to the Government of the United States the
compromise suggested by the British Commissioners, and reported in your telegram
of the 2bth instant, viz., that during the present year the killing of seals ut sea
should be prohibited witiiin a given radius not exceeding cO nautical miles round the
Prd)yloff Islands on condition thiit the number of seals to be killed for any purpose on
the islands shall be restricted to a definite amount, not exceeding 30,000 at the utmost.
A speedy decision is necessary, as we are informed that the sealing vessels are already
leaving port.
Mr. Blaine's comparison of the present situation to a question of ownership of timber
land does not appear to mc to be applicable. The case msembles rather an arbitration on
the title to a meadow. While the arbitration is pending the party in actual possession
cuts the grass, and tightly so, inasmuch as next year the grass will be reproduced. This
will equally be the case with the seals. ,
'So. 224,
Sir J. Pauncefote to the Marquis of Salisbury.— {Received February 28.)
(Telegraphic) Washington, February 26, 1892.
i AM requested by Mr. Blaine to inform your Lordship that ho has received the
following Report from the United States' Consul at Victoria: — "Forty-six sealing vessels
cleared to date. Six or seven more to go. At the same date last year only thirty-one
cleared."
*
" ;f . 1
*-i
i
m
11: ■
i % P
[572]
u
.- .-^jSX^rJiU^ li.iii\
Ml'
No. 22/5.
iSir J. Paunee/ote to the Marquis of Saliabury. — {Received February 28.)
(Ti'lcRriipliic.) Wttshintiton, February 27, 1892,
'I'tiH Convention will ho signed nn Monday, at II A.M.
No. 22r..
Sir J. Pauncefote to the Maniuis of SaUnhury. — {Received Mnrch I.)
My Lord, U'ashiinjton, February 18. 1R02.
I II.WR tlio honour to inclose herewith copien of a c(irrc8pon<ic'ncc which hao
taken place hctwccn Mr. niainu and nijHeU' on the Huhjoct of the Bchring'« Sea .Foint
Commission.
^ our liOrdship will renjoniticr that tho Hritish CommiHsionerH were Hiimmoncd to
Wa"«hin}jton at tiio rt<(]ucst of Mr. Blaine, who, nfior hrivin;^ persislontly refused to d^'^t^e
to ihc nieclinjj: of the Joint Commission until nfter the signature of the Arhitration
Convontiim, informed me on the Iflth Jiinnary (as I had the honour to report to your
Lordsliip hy telegraph on the surne day) that he was now anxious that tlie Commission
shoidd sit at once, and he proposed Washington as tho most convenient i)lace of meeting.
Accordingly Sir Oeorge Haden-PowcU, who was tlien in Kngland, started hy tho first
o])portuniiy for New York, and, after visiting Ottawa, arrived in Washington with his
Canadian colleague, Dr. Dawson, on the 3lst ultimo. On tho following day (Monday,
the 1st instant) I presented them formally to Mr. Blaine at the 8(atc Department as the
British Commissioners, and I understood from him that they would he placed immediately
in communication with their Anierican coUeogues with a view to proceeding at onco with
the husiness of the Joint Comioission.
It was not, however, until the evening of Friday, the 5th, that I received a note from
Mr. Bliiinc informing mc of the foi >'inl appointment of tho Amoricon Commissioners,
and stating that as soon as he si id have heen "ofllcially advised" hy mo of the
appointment of Commissioners on the part of the British Government, tho United States'
Cnmmissioners would he ready to confer with them "informally." hut that until the
Arbitration Convention should have boon signed, tho Commissioners woidd not be
expected to agree upon or formuhite any llcpcnt. This communication, which I received
with surprise under tho circumslanees above mentioned, led to the corresijonilenco which
I have the honour to inclose, from which your Lordship will perceive that Mr. Blaine
ultimately agreed that the Commission should proceed formally to business. But the
first meeting of the Commission did not take ])lacc until the 15th instant, and a whole
fortnight was lost by delays, for which it appears to mc that the United States'
Government are ah)ne responsible.
I beg to draw your Lordship's particular attention to Mr. Blaine's remarks in his
letter of the 0th February on the selection of Commissioners made hy Her Majesty's
Government, and I trust that the answer which I returned to that letter will meet with
your Lordship's approval.
T have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 1 in No. 226.
Mr. Blaine to Sir J. Pauncefote,
Sir, Department of State, Washington, February 4, 1892.
I HAVE the honour to inform you that the President has this day appointed and
coMimissioned Thomas Corwin Mcndenhall and Clinton Hart Merriam to act as Com-
missioners on the part of tho Government of the United States in accordance with tho
Agreement which I signed wiih you on the 18th December, 1891, to investigate and
report, conjointly with Commissioners to bo appointed by the British Government, upon
the facts having relation to the preservation of seal life in Behring's Sea, and the
measures necessary for its protection and preservation, with a view to the submission
of their conclusions to the Board of Arbitrators, whose constitution has already been
agreed upon by us.
Until the Convention for Arbitration shall have been signed the Commissioners will
not be expected to agree upon or formulate any Reports, but after I shall be officially
advised by you of the appointment of Commissioners on the part of the British Govern-
th(
■..J^'-ikXtiaJas^i
•■I'li'n'ii'-ltitliMlifetri I "■ '
.. ■.■.■.■^.■iULj;j.^.,|--^^
J.)
27, 1892.
)
18. IRO'i.
; which \\M
r'B 8oa Joint
iimmoncil t"
isi'd to iifircc
> A rl)il ration
port 1(» your
CommisHioii
c of moctiiifj.
1 l)y the iirst
jton with lii«
lay (Momlay.
rtmciit as tlio
I iinmodiatoly
' at onco with
id ft noto from
lomniissioncrs,
by mo of the
United States'
that until tlie
ivonld not be
lich I received
ondcncc wliich
at Mr. Blaine
ICS9. But the
t, and a whole
Jnited States'
•cmarks in his
Her Majesty's
will meet with
NCEFOTE.
lary 4, 1892.
appointed and
act as Corn-
dance with the
investigate and
^crnmcnt, upon
Sea, and the
the submission
As already been
nmissioners will
all be officially
British Govem-
m
mcnt, the rommiMioners on the part of the United Slates will hold themH<*lvps ready
to fonfci' informiiily with their British c()lloaji;ucH at such time as may suit their con-
venience.
, • I have, &c.
(Signed) JAMES G. BLAINE.
Inclosure *2 in No. 220.
, : ,, i. , Sir J. Pauncefote to Mr. Blaine.
Sir, ■''• • '' Wniihington, Fehrunrii 0, 1H\}2.
I HAVE the honour to ncknowli'dge the receipt of your note diited tlie 4th
Tchrunry (bm only delivered yestenliiy evening;), in wiiich you inform me timt the
President Iuih appointed Mr. Mendcnimll and .Mr. Merriauj ConimiHsioiicrs, on the |)urt
of the (lovernmcnt of th(^ United Stiitt's, on th(^ Joint (!otnmisHion tlierein ri'lorrcd to.
Sir (Jeorge Ihulen-l'owcll ni\(l Prolossor D.awson, wiioui I had the lionour to present
to you on the Ist instant, have been duly appointed (^oiiimiHsioners on the pari of Her
Majesty's (Jovernnient, an<l, as I have already stated to you verbally, they are luinishcd
with their credentials in due form.
On the i;Mh ultimo, nt your rcnnost, 1 communicated to the Marquis of Salisbury,
by teleijraph, your desire that the llritisli CommisHiimers should proceed at once to
Washington. Accordingly, Sir O. 15aden-l'oweil left England for that pinpose by the
first steamer, and arrived here witii Dr. Dawson on the 1st of the month. They have
been awaiting ever since to be placed in communication with the United Stat(!s' Com-
missioners, and I trust that arrangements will he nuule for the meeting of the
Commission <in Monday next for the jjurpose indicated in the last paragraph of your
note under reply, although the Hritish Commissioners came prepared, not for an informal
conference, but to proceed officially to business.
I have, &c.
(Signed) JULIAN PAUXC1':F0TB.
'. Inclosure 3 in No. 220.
Mr. Blaine to Sir J. Pauncefote.
Sir, Department of State, iVashington, February 0, 1892,
r AM in receipt of your note of this date, in which you give me the official notifica-
tion of the appointment of Sir G. Baden-Fowell and Professor Dawson as Commissioners
on the part of the British (Jovernment on the Joint ('ommission created in view of the
proposed fur-seal Arbitration.
[n acknowledging your note, T deem it important to direct your attention to the
fact that the Government of the United States, in nominating the Commissioners on
its i)art, selected gentlemen who were especially fitted by their scientific attainments,
ami who were in no wise disqualified for an impartial investigation and determination
of the questions to be submitted to them by a public declaration of opinion previous or
subsequent to their .selection. It is to be regretted that a similar course does not seem
to have been adopted by the British Government. It appears, from a document which
you transmitted to me under date of the 9th March, 1890 (Inclosure 4), that one of the
gentlemen selected by your Government to act as a Commissioner on its part has fully
committed himself in advanje on all the questions which are to [be ?J submitted to
him for investigation and decision.
I am further informed that the other gentleman named in )-our note had, previous
to his selection, made public his views <m the subject ; and that very recently he has
announced, in an address to his Parliamentary constituents, that the result of the
investigation of this Commission and of the proposed Arbitration would be in favour of
his Government.
I trust, however, that these circumstances will not impair the candid and impartial
investigation and determination which was the object had in view in the creation of the
Commission, and that the result of its labours may greatly promote an equitable and
mutually satisfactory adjustment of the questions at issue.
The Commissioners on the part of the United States have been instructed to put
themselves in communication with the British Commissionera, to tender them an apart*
[672] TJ 2
r
rs f It
148
mont at the Department of State for Mio joint conference, and, if it shall suit their
convciiicn(;i', to n^ree witli tiiuni upon an hour for their first conference on Mondaj
next, tlie i)th instant.
It is propor to add tliat, when I indicated to you nn the 13tlt ultimo that tlie British
Commissioner th;'n in London niigiit come at once to Washington, T supposed that wo
should b'^'ore this date have si>;ned the Arl)itratioii Convention, and thus have enabled
the Commissioners n proceed officially to a diacliarjjo of their duties. But as it became
nc>.'essaiy to await ilie a|ii)roval of the draft of that instrument, which you have forwarded
to London. I have interposed no objection to preliminary conferences of the Conunis-
sioLcrs., anticipating the signature of the Convention within a very brief period.
1 have, &c.
(Signed) JAMES G. BLAINE.
Inclosure 4 in No. 22G.
Sir J. Pauncefote to Mr. Blaine.
Sir, Washington, February 8, 1892.
I HAVE the honour to acknowledge the receipt of your note of the Gth instant,
in whii'li you observe upon the selection made by our respective Governments of the
members of the Joint Commission which is about to sit at Washiniiton for the purpose
of investigating and reporting upon the facts having relation to seal lite in Behring's Sea
with a view to the proposed Arbitration.
The second paragraph of your note contains the following passage : —
"I deem it important to direct your attention to the fact that the Government of
the United States, in nominating the Commissioners on its part, selected gentlemen who
were especially fitted by their scientific attainments, and who were in no wise disqualified
for an impartial investigation and determination of the questions to be submitted to
them by a public declaration of opinion previous or subsequent to their selection. It is
to be regretted that a similar course does not seem to have been adopted by the British
Government."
While I have much pleasure in congratulating your Government on having secured
on their side the services of two such distinguisi ed gentlemen as Professor Mendenhall
and Dr. Merriam, I must express my surprise and regret that you should have thought
fit to refer in terms of disparagement to the choice made by Her Majesty's Govern-
ment.
The British Commissioners, Sir G. Baden-Powell and Dr. Dawson, are gentlemen
whose scientific attainments and special qualifications for the duties intrusted to them
are too well known to require any vindication on my part. But you complain of the
fuel that Dr. Dawson in 1890 wrote a jjaper on the protection of the fur-seal in the
North Pacific, in which he committed himself to certain views. This shows that he has
made the subject his special study, and it appears to me that he is all the more qualified
on that account to take i)art in the labours of the Joint Commission, which, I beg leave
to point out, is not a Board of Arbitration, but one of Invesiigation.
Dr. Dawson's note on the fur-seal, to which you refer, was merely based upon such
published material as was at the time available, and I have his authority for stating that
he does not feel himself in any way bound to the opinions expressed from the study of
that material, in the light of subsequent personal investi^jation on the ground
You likewise complain that Sir George Baden-Powell had, previously to his selection
as Commissioner, made public his views on the subject, and also that he is reported to
have stated in an address to his Parliamentary constituents that the result of the
investigation of the Joint Commission and of the proposed Arbitration would be in
favour of his Government. Sir G. Baden-Powell is particularly qualified to take part in
the inquiry by reason of his personal investigation into the industrial part of the
question which he pursued in 1887 and 1889 in San Francisco and British Columbia.
From the first he has advocated in all his public statements a full inquiry into the facts
of seal life in Behring's Sea before any final agreement should be arrived at, in order
that the views of all parties should be tested as to the best method of protecting seal
life. There is no just ground, therefore, for charging him with partiality. As regards
the language imputed to him on the occasion of an address which he recently delivered
to his constituents in England on the labour question, it appears that some introductory
remarks, in which he referred to the Behring's Sea question, were inaccurately reported.
What be did state was that, thanks to the arrangement arrived at between the two
tha
dis
thr
the
Coi
mei
to
! '
1-19
Buit their
)n Monday
the Britiab
scd that wo
ivc cnaljled
n it became
e forwarded
10 Commia-
d.
BLAIiNE.
-,/ 8, 1892.
! Gth instant,
monts of the
r the purpose
Jehring's Sea
overnment of
jntlemen who
,e disqualified
submitted to
eoti(m. It is
by the British
aving secured
)r Mcndenhall
have thouj>ht
ijstj's Govcrn-
ire gentlemen
usted to them
mphiin of the
ur-seal in the
svs tliat he has
more qualified
I beg leave
ised upon such
or stating that
in the study of
md
,0 his selection
is reported to
result of the
. would be in
to take part in
il part of the
itish Columbia.
r into the facts
,ed at, in order
protecting seal
f. As regards
lently delivered
lie introductory
rately reported,
stween the two
Governments, the Behring's Sea difficulty would now be settled in the true interests of
all concerned, and not of any one aide or the other.
I may mention that the opinions of I'rofensor Mcndenhall and Dr. Merriani on the
fur-seal question were pul)lishe(l in several journals in this country shortly alter their
return from Helirinfji's Hea, and were stated (I know not with what accuracy) to be
opposed to thu views which have been urged on tho side of Her Majesty's Govern-
ment.
liut I do not suggest that the United Stater,' Commissioners on that account are
disqualified from taking part in the labouis of tho Juint Commission ; I claim that all
tho Commissioners, British and American, are equally entitled to the confidence of both
Governments as men of science, honour, and inqjartiality.
The course which has l)cen adopted for ascertaining what measures may be
necessary for tiie protection of the fur-seal species i^ 8ul)stantially tho same as that
wiiicli I had tho honour to propose to you, on belialf of Her Majesty's Government,
nearly two years ago in the form of a draft Convention, inclosed in my note of the 29th
April, ISDO.
I rejoice that the proposal I then made is now to be carried out, and I cordially
unite in the hope, expressed in your note under reply, tliat the result of the labours of
the Joint Commission will promote an equitable and mutually satisfactory adjustment of
the questions at issue.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure o in No. 226.
Mr. Blaine to Sir J, Pauncefote,
Sir, Department of State, fVashington, Febi uary 9, 1892.
I HAVE been informed by the American Seal Conimis doners that, in an informal
meeting with their British colleagues yesterday, the latter expressed an unwillingness to
enter upon conferences of any other than an official ciiaracter, and they therefore
proposed that their joint conferences be postponed until after the Arbitration Convention
8hall have been signed.
I beg to state to you that the Government of tiie United States is very anxious to
expedite as much as possible tiie consideration of ttic important questions submitted to
the Commissioners ; and in view of the fact that it regards the Arbitration Convention
as substantially agreed upon, the American Commissioners have been instructed to
make known to the British Commissioners their readiness to formally arrange the
joint conference and proceed without further delay to tl e discharge of the duties
assigned to them.
I have &c
(Signed) ' JAMES G. BLAINE.
Inclosure 6 in No. 220.
Sir J. Pauncefote to Mr. Blaine.
Sir, Washington, February 11, 1892.
I HAD the honour to receive yesterday your note of the 9th instant, in which you
state that you have been inforined by the American Seal Commissioners that, in an
informal meeting with their British colleagues on the 8th instant, the latter expressed
an unwillingness to enter upon conferences of any othor than an official character, and
they therefore proposed that their joint conferences be postponed until after the Arbitra-
tion Convention has been signed.
The British Commissioners, to whom I communicated your note, have informed me
that, at the preliminary conference of the Commissioners on the 8th instant, they
discussed with their colleagues what work of a preparatory character could be got
through at once. The meeting was informal, according to the conditions laid down in
the last paragraph of your note to me on the 4th instant ; and it was arranged by the
Commissioners to hold a second preliminary conference this day at the State Depart-
ment, at 3 o'clock, at which they could discuss certain matters which they had undertaken
to consider ia the interval, and to do other preparatory work.
■! !( ' i
1 or
i; ;•
vmmmmm^aairrrssmBmmmammmmmKmmmm
160
"■ In consequence of jour note of the 9th instant, the B- itish Commissioners hope, at
the conference to-day, to arrange with their colleagues that the joint conference shall
proceed to husiness formally.
I have, &c.
(Signed) JULIAN PAUXCEFOTE.
III!
No. 227.
-S?V J, Pauncefote to the Marqu'j of Salisbury.- -{Received March I.)
My Lord, Washington, Februari/ 18, 1892.
AVITH reference to my precodinn; despatch .;f to-day, relating to the Behring's
Se.; Joint Commission, 1 linve the lionour to inclose copies of an informal note
•wiiich I rccoivcd '"'•on Mr. Blnine on the 12tli instant respecting the refusal of the
]}rifi?li Commissioners to deal with the question of n modus viiemli, and of the reply
w'.iich I retuitic'd thereto. Als" a copy of a letter addressed to me on the 13th instant
by the Btit sh Commissioners, inquiring wiie'lier the Commission is authorized to
consifliM* ar.d report on measures of seal preservation within the territorial jurisdiction
of either Power.
I took the opportuity of a visit to the State Department on M(mday, the 15th
instant, to show the last-mentioned letter to Mr. Blaine, who, after reading it, expressed
his surprise that, looking at the wide terms of the Joint Conmiissiou Agreement, the
Ooniniissioners should entertain any doubt rs to the scope of their powers ; and he
suggested that they should all be invited to meet him and me at the State Department
the following morning to explain their diHiciilty. The meeting accordingly took place,
but all discussion was rendered unnecessary by the announcement that t!;e .American
Commissioners had, since the date of the letter, arrived at the conclusion that they were
f' ee to consider all measures', even though they might relate to matters within national
jurisdiction.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 1 in N". 227.
Mr. Blaine to Sir J. Pauncefote.
My dear Sir Julian, i7. Mndison Place, Washington, Febiuary 12, 1892.
THE motive you have always urged upon me for assembling the Commissioners
on Seal V si, cries at an early date was th.nt ^hey could provide a modus vivendi that would
be suti'icio f, while the Arbitro'ion should go on with plenty of time to consider the
various poi 3.
1 was surprised to hear that your Commissioners yesterday declined to discuss the
modus tioendi, on the allegation tliat that was a subject reserved for you and me. This
puts an en'irely new phase upon the work of the Commission, and largely diminishes its
v.'iluC.
Will you hive the goodness to advise me of the precise scope of the work which
you have assigned to your Commissioners?
Very truly, &c.
(Signed) JAMES G. BLAINE.
Inclosure 2 in No. 227.
Sir J. Pauncefote to Mr. Blaine.
Dear Mr. Blaine, Washington, February 13, 1892.
'N reply to your letter of yesteday, I beg to stato that, in my opinion, the British
Commissioners arc right in holding i,hat they have no pover ' "der their present mandate
to discuss the question of a modus vivendi for the next fishery season. Their authority
is limit-^d by the terms of the Joint Commission Agreement, the text of which we signed
on the 18th December last. That authority is confined to reporting theii views on
'■•^^
3 hope, at
jnco shall
;fote.
S. 1892.
Bc'hring's
)niml iicto
J Sill of the
f the reply
3tli instant
horized to
jurisdiction
f, the 15th
t, expressed
semeiit, the
;rs ; and he
Department
took place,
le American
it they were
hin national
CEFOTE.
-12,1892.
inimissioners
that would
consider the
o discuss the
me. This
iminishes its
e work which
BLAINE.
!»FW
■y 13, 1892.
)n, the British
sent mandate
heir autliority
lich we signed
heii views on
151
what Fishery Tlcgulations of a permanent character mny ho necessary with a view to
arbitration. The question of a modus vivendi pending the result of the Arbitration is
one for the two Governments to discuss. 1 have certainly ur^ed, as an additional
reason for the early meeting of the Joint Commission, tliat its Reports would furnish
our Governments with valuable materials for such discussion ; but it can hardly be
contended that the Commissioners can properly deal with such a question without special
authority from their respective Governments. I communicated to Lord Salisbury the
proposal you made to mc at our interview of tlie 2nd instant, tliat our two Governments
should agree to a modus vivendi, and I am awaiting his Lordship's reply.
Very truly, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosurc 3 in No. 227.
The Behring's Sea Commissioners to Sir J. Pauncefole.
Sir, Arlivgton Hotel, Washington, February 13, 1892.
WE have the honour to in'f, m you tliat our cidleagues on the Behring's Sea Joint
Commission have to-day explained to us that their original letter of instructions lias now
lapsed, and that they have no further instructions than those contained in tlie text of
their Commission.
We are now holding daily conferences, and are anxious not to waste time by
discussing matters outside the scope of our mutual instructions, which should, we
presume, be identical.
We agreed with our colleagues to ask whether you would obtain from the Secretary
of State iiii'ormation as to wiiether the United States' Commissioners are, like ourselves,
authorized to consider, and, if they see fit, to report in favour of, measures of seal preser-
vation in general, or whether they are restricted to measures outside the territorial
jurisdiction of either Power.
We have, &c.
(Signed) GKORGE BADEN-POWELL.
GEORGE M. DAWSON.
No. 228.
Sir J, Pauncefole to the Marquis of Salisbury. — {Received March 1 .)
(Telegraphic.) Washington, February 29, 1 >!)2.
BIOHRING'S SEA. The Arbitration Convention was signed by Mr. Blaine and myself
this morning. Is it desired by your Lordship that the exchange of vatitications should
take place in Washington or in London ?
No. 229.
The Marquis of Salisbury to Sir J. Pauncefole.
(Telegraphic.) Foreign Office, March i, 1892.
IN reply to your telegram of the 29th ultimo, the exchange ot ratificarioiis of
the Behring's Sea Convention could be carried out more expeditiously if nicuie in
London than at Washington. You should telegraph when the Convention is approved
by the Senate.
I -i
II
i • 1
\ ii
m
152
5i.o. 2.30.
The Marquis of Salii4ury to Sir J. Pauncefote.
Sir, Foreign Office, March .'3. 1 89.'.
I HAVE received your (ffspatch if*" i1t« 18tli ultimo, inclosing copies of corre-
spondence witli Mr. Blaine in regard to the titeestra^ of the Joint Commissioners appointed
under the Agreei-ient ot tlie iSfh December ltt*t ftu report on the facts having rcla li( n;>
the preservation of seal lite in Behrin-r's S-a.
Yoor proceedings, as reported >; tii<»r. despatch, and the terms ot your note to
Mr. Blaine of the 8tl< Februarv , are iryfrove^ by Her Majesty's Government.
1 am, Sic.
(Sign«l) SALISBURY.
No. 231.
Sir J. Patmeefote ij^ M\e Marquis of Salitbury. — [ti^Aiit)^ March 5.)
My Lord, Wcahinpon, Februari/ 23, 1S!)2.
1 HAVE the honour to report that on the >5th instatK the President issuud the
usual Behring's Sea Proclamation in the same terms as heretoloi'e.
1 have, &c.
(Signed) ,^'ULIA;S^ PAfJNCEFOTE.
Inclosure in No, 231.
Bt the President op the United States op America.
I'
ii
I-;
1,1
A Proclamation.
THE following provisions of the Laws of the United States are hereby pjblisiiGd for
the information of all ooneerned : —
Section 1956, Revised Statutes, Chapter 3, Title 23, enacts that: " No person shall kill
any otter, mink, marten, sable, or fur-seal, or other fur-bearing animal within the limits of
Alaska Tc rritory, or in the waters thereof; and every pei-son 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 vessel-., their tackle, .iDpai-el furniture, and car.iro, found
angagerl in violation of this section shall be forfVitri; bin the Secretary of th' ' reasury
shall have power to authorize the killing of anv (<i*eh mink, 'waPten. sable, or • um* fur-
bearing animal, except fur-seals, under such regulations m lie mw prest^^be; and it shall
be the duty of the Secretary to prevent the killing of any lur-seai, and to provide l()r the
execution of the provisions of this section until it is orliJ?r\vise provided l)v law ; nor shall
he grant any special privileges under this section."
Section 3 of the Act entitled "An Act to provide for tlif Protection of ^
Fisheries of Alaska," approved March 2, 1889, provides ihat : —
" Section 3. That section ly'jfi of the Revised Statut.*^ of the United States is hen^b^v
declared to include and a^»ply to all the dominion of the United States in the waters of
Behring's Sea ; and it shall be the duty of the President, at a timely season in each year,
to issue Ills Proclamation and cause the same to be published for one month in at least one
newspaper, if any such there be, published at each United .States' port of entry on the
Pacific coast, warning nil persons against entering said waters for the purpose of violating
the provisions of said section; and he shall also cause one or more vessels of the United
Slates to diligently cruize said wat- s and arrest all persons, and seize all vessels found to
be, or to have been, engaged in ■ y violation of the laws of the United States therein."
Now, therefore, I, Benjarrm Harrison, President of the United States, pursuant fo
the above recited Statutes, h by warn all persons against entering the waters of H;^hiing's
Sea within the dominion o' o United States for the purpose of violatingthe provisions of
said section \9^Q, Rev' jtatutes; and 1 hereby proclaim that all persons found to be, or
Sir,
III
SSSS9BSSS
SW^'
. 189i.'.
ol conv-
appointcd
elii t!iii;>
r uolc to
;BURV.
23, 1892.
issued llie
:efote.
(■jblishod ibr
ivson shall kill
the limits of
Khali, lor each
jucd not more
car;.'o, found
Ih ' 'veasiiry
or ■ M'v fur-
anii It. sliall
•ovidi' lov the
; not' shall
I ,..■ S,:...-
|tat<^s IS IteiK-bv
the watci-s o'
1) in each year,
Tin at least one
It' entry on the
lie of violatin;;
lot the United
kssels found to
les therein."
Is, pursuant to
Irsot 15;^hiin>Vs
lie provisions of
1 found to be, or
to have been, engaged in any violation of the laws of the United States in said waters
will be arrested and punished as above ])rovided, and that all vessels so employed, their
tackle, apparel, furniture, and cargoes, will lie seized and forfeited.
In testimony whereof I have hereunto set my hand and caused the seal of the United
States to be affixed.
Done at the city of Washington this li)th day of February, 1892, and of the Inde-
pendence of the United States the 116th.
(Signed) BENJ. HARRISON.
By the President :
(Signed) James G. Blaine, Secretary of Slate.
No. 232.
Sir G. Baden-Powell to the Marquis of Salisbury. — {Received March 5.)
(Telegraphic.) Washington, March 4, 1 892.
WE have to-day, 4th March, signed our Joint Report.
Unless instructed to remain, we shall leave Washington next week.
No. 233.
Sir J, Pauncefole to the }farquis of Salisbury. — {Received March 7.)
My Lord, • Washington, February 2fl, 1892.
WITH reference to my telegram of yesterday, I have the honour to inclose copies
of the notes exchanged between Mr. Blaine and myself on the subject of the modus vivendi
therein referred to.
i have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 1 in No. 233.
Sir J. Pauncefole to 3/r. Blaine.
Sir, JVashington, February 19, 1892.
ON the occasion of our interview on the 2nd instant, when you handed me the
draft of the Behring's Sea Arbitration Convention, which I forwarded to London for the
consideration of Her Majesty's Government, you asked me whether they were prepared to
agree to a modus vivendi for the next fishery season in Behring's Sea. In transmitting
the draft of the Arbitration Convention to the Martjuis of Salisbury I did not fail to inform
him of your inquiry, and I have now received a reply from his Lordship to the effect that
Her Majesty's Government cannot express any opinion on the subject until they know
what modus vivendi you desire to propose.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 2 in No. 233.
Mr. Blaine to Sir J, Pauncefole.
Sir, Department of State, Washington, February 24), 1892.
I AM in receipt of your note of the 19th. You therein inform me that Lord Salis-
bury cannot express any opinion on the subject of the modus vivendi until he knows what
we desire to propose.
I am glad to hear that Lord Salisbury contemplates n modus, for it is obvious that it
is impossible to conclude the Arbitration within the time originally set. Indeed, we shall
hardly be able to enter upon it. The delays have been much greater on the part of Great
Britain than on the part of the United States.
Ip reply to your inquiry, the President suggests that the modus should be much the
same a last year in terms, but that it should be better executed. It was very ineffective
[672] X
'^'- k
!M
If
EiaSi
164
last year, for there was a larger number of seals in Behring's Sea taken then than ever
before. The vessels had already set out before the modus was agreed to, and it Was impos-
sible to give them notice in time to avoid <heii- taking seals. Her Majeiity's Government
did not take such efficient measures as an earlier date this year will render practicable.
If Her Majesty's Government would make their efforts most cfl'ective, the sealing in
the North Pacific Ocean should be forbidden, for there the slaughter of the mothers heavy
with young is the greatest. This would require a notice to the large number of sealers
which are preparing to go forth from British Columbia. The number is said to be greater
than ever before, and without any law to regulate the killing of seals the destruction will
be immense. All this suggests the great need of an effective modus. Holding an Arbitra-
tion in regard to the rightful mode of taking seals while their destruction goes forward
would be as if, while an Arbitration to the title to timber-land were in progres ., one party
should remove all the trees.
I sliall have to ask you to transmit the contents of this note to Lord Salisbury by
telegraph. Every day that is lost now entails great trouble upon both Governments.
1 have, &c.
(Signed) JAMES G. BLAINE.
No. 234.
Sir J, Pauncefote to the Marquis of Salisbury,— {Received March 9, 11 '15 a.m.)
(Telegraphic.) Washington, March 8, 1892.
THE ^Vcting Secretary of Stat(' li.ns to-day didiAorcd to me on hchalf of Mr. Blaine
(who is unwell) a note on the subject of the renewal of the modus vivendi, Avith a
request from the ricsidcnt that I should telogi'ai)h it to your Lordship. I accordingly
scud a full summary : —
[For text of the Note sec Inclosnre I in Sir J. Pauncefote's despatch of March 10 :
infriu No. 243.]
No. 235.
The Marquis of Salisbury to Sir J, Pauncefote.
(Telegraphic.) Foreign Office, March 9, 1892, 6-30 P.m.
1 SHOULD wish you to repeat to Lord Stanley your telcgr&m of yesterday, about
Behrmg's Sea.
No. 230,
Sir J. Pauncefote to the Marquis of Salisbury, — (Received March 9, 10*30 P.M.)
(Telegraphic.) Washington, March 9, 1892.
BEIIKING'S SEA Convention 6cnt to Senate yesterday, and referred to Committee
on Foreign Affairs.
No. 237.
Sir J. Pauncefote to the Marquis of Salisbury, — {Received March 10.)
My Lord, Washingto7i, March 1, 1892,
^\ ITU reference lo the question of the lenewal of the modus -ivindi in Beluing's
Sco, 1 iiavo the honour to inclose copy of the nt>te v.liicli, upon recei|tt of your Lordship's
telegram of the 27th ultitno, 1 addressed to M-;. Dlaino on the subject.
i have, &e.
(Signed) JULIAN PAUNCEF0T£.
i«
BKna
mmawr
than ever
vas impos-
overnment
;icable.
sealini? in
hers heavy
• of scalers
he greater
■uction will
au Arbitra-
)es forward
, one party
jalisbury by
iments.
BLAINE.
5 A.M.)
,h 8. 1892.
)!• Mr. Blame
vencli, Avitli a
I accordingly
: March 10 :
h-
_, 6-30 P.M.
sterdny, about
•30 P.M.)
rch 9, 1892.
to Committee
10.)
,rch 1, 1892.
,/i hi Behrhig's
four Lordship's
JNCKFOTE.
165
Inclosure in No. 2:^7.
8ir J. Paunccfole to Mr. Blaine.
Sir, Washington, February 29, 1892.
IMMEDIATELY upon the receipt of your note of tlie 24tli instant, respecting a
renewal ol tlie modus vivendi in Behriiig's Sea, and in accordance with the wish therein
expressed, I telcgrajihcd its contents to the Manpiis of Salisbury.
In that note, after observing that it is impossible to conclude the Arbitration within
the time originally set, and that the delays have been much greater on the part of (.ireixt
Britain than on the part of the United States, you proceed to intbrm me that in the view
of the President the new modus vivendi should be nuich the same as that of last year in
terms ; that owing to the earlier date this year it could be more eftectivcly executed ; but
that "if Her Majesty's Government would make their efforts most effective, the sealing in
the North Pacific Ocean should be forbidden."
After pointing out " the great need of an effective modus," you state that " holding
an Arbitration in regard to the rightful mode of taking seals while their destruction goes
forward, would be as if, wiiile an Arbitration to the title to timber-land were iu progress,
one party should remove all the trees."
I have the honour to inform you that I have received a re[)ly fro.u Lord Salisbury to
the follov.iug effect : —
In the first place, his Lordship stales that lie cannot in ai.y degree admit tiiat the
delays have been greater on the part of Great Britain than on t!ie part of the United
States.
As regards the necessity for anoHier modus rivendi, Her Majesty's Government con-
sented to thi t measure last year solely on the ground that it was su])posed that there would
be dangc'r to ttie preservation of the seal .species in Behring's Sea unless some interval in
the slaughter of seals were prescribed both at sea and on land. But Her Majesty's Govern-
ment have received no information to show that so drastic a remedy is necessary for two
consecutive seasons. On tiie contrary, the British Commissioners on the Behring's Sea
Joint Commission have informed Her Majesty's Government that, so far as pelagic sealing
is concerned, there is no danger of any serious diminution of the fur-seal species as a con-
sequence of this year's hunting.
Nevertheless, Lord Salisbury would not (ibject, as a temporary measure of precaution
for this season, to the proljil-ilion of all Idiling at sea within a zone extending to not more
than 30 nautical miles around the Pryiiiloff Islands, such prohibition being conditional on
the restriction of the number of seals to be killed for any purpose on the islands to a
maximum of 30,000. *
Lonl Salisbury, referring to the passage in your note in which you compare the case
to an Arbl^^ration bout timber-land from which tiie trees are being removeil by one of the
parties, observes that he iiardly thinks the simile quite apposite. His Lordship stiggests
that the case is more like one of Arbitration respecting the title to a meadow. While the
Arbitration is in progress, he adds, we cut the grass, and quite rightly for the grass will
be reproduced next year, and so will the seals.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 238.
Sir G. Baden-Powell to the Marquis of Salisburii.— (Received March 10.)
(Telegrai)liic.) Washinylou, Ma, h i>, iS92.
WITH reference to the modus vlrvndi, I am of opinion that the t. iking ot one
season's limiteil crop raimot injure the seal herd, but that, although not necessary, the
reaewal of last year's prohibition and the 7,500 limit would be beneficial.
As the Arbitration Convention conditions ocean rights, 1 hope that the Canadian
Government has warned the British Columbian sealers that the ultimate ownership of the
seals taken this year in lUdiring- Sea depends upon th.e verdict of the Arbitrators.
The alternatives for the sealers appear to be either to incur the expense of the
catch subject to this risk, or to forego, without compensation, one season's eatcii of, say,
20,000 (in Behring's Sea), on condition that 7,.')00 instead of 30,OUO are taken on the
islands, increased numbers ot seaU in future seasons, and enhanced prices for this spring,
being also insured by sucli restrictions.
■I 'i
n
15721
X 2
.»*.
156
No. 239.
Sir J. Pauncefote lo the Marquis of Salisbury. — {Received March 14.)
My Lord, Washington, March 4, 1892.
I UAVE tlic honour to inclose h(>rcwitli the 15chriiii,''s Sea Arbitration Conven-
tion, which was si^-ued by Sir. lilaiuo and niyscll" on the 2'Jtli February.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Liclosure in No. 239.
Treaty between Her Majesty inid the United States of America for Arbitration concerning
the Seal Fisheries in liehrinifs Sea. Signed ut Washington, February 29, 1892.
IIEll ]\raje.sty the Queen of tlie United Kinf;doni of Groat Britain rind Ireland
and the LTnitcd States of America, hein!^ desirous to provide for an amicable settlement
of the questions which have arisen between their respective Govei'nments conceruini;;
the jurisdictional rii^lits of the United States in the waters of J3ehring's Sea, and
concernin;? also the preservation of the fur-seal in or hnbirually resorting to the said
sea, and the riglilsof the citiztMis and subjects of either country as regards the taking of
fur-seal in or habitaally resorting to the said waters, have resolved to submit to
arl)itration the questions involved, and to the end of concluding a Convention for that
purpose have appointed as their res]>eclive Plenipotentiaries :
Iler Majesty tin Queen of the United Kingdom of Great Britain and Ireland,
Sir Julian Pauncefote, G.C.M.G., K.C.I)., Her Majesty's Envoy Extraordinary and
Minister Plenipotentiary to the United States ; and the President of the United States
of America, James G. Jilaine, Secretary of State of the United States ;
AV'lio, after having c(mimunieated to each other their respective Full Powers, which
were found to be in diii^ and pro[)cr form, have agreed to and concluded the following
Articles : —
AirJlCLE I.
The questions which have arisen between the Government of Her Britannic
"Majesty and the Government of thf I'nitod States eoncerning the jurisdictional rights
of the Ignited States in the Avaters of Pehring's Sea, and concerning also the
preservation of the fiu'-seal in or habitually resorting to the said sea, and the rights of
the citizens and subjects of either country as rcL'ards the taking of fur-seal in or
habitually resorting to the said waters, shall l)e hubmitted to a Tribunal of Arbitration,
to be composed of seven Arbitrators, who shall be appointed in the following
manner, that is to say: two shall lie named by Her Britannic Majesty; two shall
b(! named by the Presid(>nt of the United States ; his Excellency the President of
the Pi'eneh Pepublic shall be joinlly vequi'sled by the High Contracting Parties to
name one; ills Majesty the King n.: Italy shall be so requested to name one; and Ills
Majesty the King of Sweden and >orw;ay shall be so requested to name one. The
seven Arbitrators to W so named shall be jurists of distinguished reputation in their
respective countries.
In cast' of the death, absence, or incapacity to serve of any or either of the said
Arbitrators, or in the event of any or either of the said Arbitrators omitting or declining
or ceasing to act as such, Her Britannic Majesty, or the President of the United Stages,
or his Excellency the President of the Prench Republic, or His Majesty the Kijij;' of
Italy, or His Majesty the King of Sweden and Norway, as the case may be, shall
name, or shall be requested to name forthwith, another person to act as Arb trator
in the place and stead of the Arbitrator originally named by such head of a State.
Antl in the event of the refusal or omission for two months after receipt of the
joint request from the High Contracting Parties of his ExccMency the President of
the rrench Pie]iublic, or His Majesty the King of Italy, or His ]\lajesty the King of
Sweden and Norway, to name an Arhitiator, either to till the original aiipointment
or to fill a vacancy as above provided, then in such case the ai)pointment shall be
made or the vacancy shall be lilled in such manner as the High Contracting Parties
shall agree.
157
4, 1892.
lu Conven-
EPOTE.
I concerning
, 1892.
raid Ireland
c settlement
I conceruinij;
rr's Sea, and
» to tlie said
the taking of
o submit to
ition for that
and Ireland,
ordinary and
United States
f owers, wliicli
the following
lev Britannia
ietional rights
[ling also the
I the rights of
I fur-seal in or
hi Arbitration,
the following
,{v ; two shall
J 'President of
^ing Parties to
one ; and Ills
.anc one. The
itation in their
[ler of the said
tng or dccliuir.g
I liiiited Stti'^es,^
[tv the Kiiij; of
h niay be, shall
It as Arb'.trator
lof a State.
I receipt of the
lie President of
Ity the King of
lal apiioinlnient
Itmcnt shall be
ftraoting Parties
ARTICLE II.
The Arbitrators shall meet at Paris within twenty days after the delivery of the
counter-cases mentioned in Article IV, and shall jiroceed impartially and carefully to
es amine and decide the questions tliat have l)e(>n or shall be laid l)ei'ore them as herein
provided on the part of the Governments of Iter Britannic IVIajesty and the United
States respectively. All questions considen d by the Tribunal, including the final
decision, shall be determined by a majority of all tiio Arbitrators.
Each of the Uigh Contracting Parties sliall also name one person to attend the
Tribunal as its Agent to represent it generally in all matters connected with the
arbitration.
ARTICLE III.
The printed case of each of \ho two ])arties, accompanied i)y the documents, the
cnicial correspondence, and other evidence on which each relies, shall be delivered in
dujdicate to each oi' the Arbitrators and to tlie Agent of the other party as soon as
may be al'tcr the appointment t)f the memlicrs of the Tribunal, but witiiin a period not
exceeding three months irom the date of the exchange of the ratiricatious of this
Treaty.
APtTICLE IV.
Within three morn '.is aftc tin delivery on both sides of the jirintcd case, either
party may, in like mairier, d'livci' in duplicate to each of the s,aid Arbitrators, and to
the Aii'cnt of the other |)ar*y, a counter-case, a.nd additional documents, (!oireapondcnec,
and evi'lence, in reply to the case, documtuts, correspondence, and evidence so
presented by tlu' other ])arty.
If, however, in consequeiipc of the cjist:inee vti' the place from which tlu; evidence
to be presented is to be proetu'cd, citiior party shall, within tiiirty days after the
receipt by its Agent of the case of the other partVf give notice to the other \)ini\ that
it re(|uires additional time for the delivery of such countei'-case, documents, corre-
spondence, and evidence, such additional time so indicated, but not exceeding sixty
days beyond the three months in this Article provided, shall bo alloAved.
If in the case submitted to the Arbitrators either party shall have specified or
alluded to any report or document in its oun exclusive possession, without annexing a
copy, such party shall be bound, if the other party thinks iiropcr to ajiply for it, to
furnish tiiat party willi a copy thercol'; and either jiarty may call upon the other,
through the Arbitrators, to pronuoc tlu' originals or certified copies of any papers
adduced as evidence, giving in each instance notice tliereof Avithin tiiirty days after
delivery of the ease; and tlie criginal or copy so reqiiested shall be delivered as soon as
may be, and within a period not exceeding forty dayn aftei receipt of notice.
ARTICLE V.
It shall be the duty of the 4gent of each party, wicliin one month after the
expiration of tiie time limited for tlie delivery of the countoi-case on both sides, to
deliver in duplicate to each of the said Arbitrators and to the Agent of the other
party a printed argument sho-\ving the points and referring to the evidence upon
which his tjovernment relies, and either ])arty may also support the same before the
Arbitrators by oral argument of eounsel; and tlie Arbitrators may, if they desire
further elucidation with re^^avd to any ])i)iiit, require a written or piinted statement or
argument, or oral argument by counscil, iqion it ; but in such case the other party
shall be entitled to reply eitiicr orally or in writing', as the case may be.
ARTICLE VI.
In deciding the matters submitted to the Arbitrators, it is agi-eed that the
following five ])oin1s shall be submitted to them, in order that their award shall
embrace a distinct decision upon each of said five points, to wit : —
1. What exclusive jurisdiction in the sea now known as the Behring's Sea, and
what exclusivu rights in tht; seal iisheries therein, did Russia assert and exercise prior
and up to the time of the cession of Alaska to the United States V
15H
2. How fai' wd'o these claims of iurisdiction as to tlio ser.l fisliories recognized
aud conceded by Great Jiriiaiii r
3, Was the body of water now known as the Beliring's Sea included in tlin
phras(> "Pacific Ocean," as used in tlu^ Treaty of 1825 between Great Uritain and
Russia ; and M'bat rights, if any, in the Behring's Sea, were hehl and exclusively
exercised by Russia alter said Treaty ?
1. Did not all the rights of Russia as to jurisdiction and as to the seal fisheries
in Rebring's Sea east of the water boundary, in the Treaty i)ctwccn the United States
and i'lussia of the 30th Jlarch, 1807, pass unimpaired to the United States under
that Treaty P
5. lias the United States any right, and, if so, what right, of protection or
property in the fur-seals fre([uenting the islands of the United States in Bebriug
Sea when such seals arc found outside the ordinary 3-mile limit?
ARTICLE VII.
If the determination of the foregoing (|Ucstions as to the exclusive jurisdiction
of the United States shall leave the subject in such position that the concurrence
of Great Britain is necessary to the esfablishnient of Regulations for the proper pro-
tection and ])reservation of the fur-seal in, or habitually resorting to, the Behriiig Sea,
the Arbitrators sliall then deti rniine what concurrent Regulations outside tlu- juris-
dictional limits of tlic respective tiovernni(Mits are necessary, and over wliat Avaters
such ilegvilations shoidd extend, and to aid them in that determination, tin; Beport of
a Joint Commission, to be appointed by the respective Governments, shall be laid
before them, with such oth(>r evidence as either Government may sidimit.
The High Contracting I'arties furthermore agree to co-operate in securing the
adhesion of other Bowers to such Regulations.
ARTICIiE VIII.
The High Contracting Parties having found tbemseU'cs unable to agree upon a
reference which shall include the question of the liability of each for the injuries
alleged to have been sustained bv the other, or bv its citizens, in connection Avitli the
claims presented and urged by it ; and, being solicitous that this subordinate question
should not interrupt or longer delay the submission and determination of the main
questions, do agree that cither may submit to the Arbitrators any question of fact
involved in said claims and ask for a finding thereon, the question of the liability of
either Government upon the facts found to be the subject of further negotiation.
; (
ARTICLE IX.
The High Contracting Parties having agreed to api)oint two Commissioners on
the part of each Government to make the joint investigation and Report contemplated
in the preceding Article VII, and to include the terms of the said Agreement in the
present Convention, to the end that the joint and several Reports and recommenda-
tions of said Commissioners may be in due form submitted to the Arbitrators, should
the contingency therefor arise, the said Agreement is accordingly herein included as
follows : —
Each Government shall appoint two Commissioners to investigate, conjointly
with the Commission(;rs of the other Government, all the facts having relation to seal
life in Behring's Sea, and the measures necessary for its proi)er [irotcction and
preservation.
Tlu! four Commissioners shall, so far as they may be able to agree, make a
joint Report to each of the two Governments, and they shall also report, either jointly
or severally, to each Government on any points upon m liich they may bo unable to
agree.
These Reports shall not be made public until they shall be submitted to the
Arbitrators, or it shall appear that the contingency of their being used by the
Arbitrators cannot arise.
ARTICLE X.
Each Government shall pay the expenses of its members of the Joint Commission
in the investigation referred to in the preceding Articl-,
109
ognized
ill thn
iiiii and
ilusivcly
Hsliprics
>(l States
.<s under
!ction or
Ik'lu'ing
visdiction
[\currence
opev i)VO-
ii'iiig Sea,
the juris-
lat waters
Uepovt of
11 1)0 laid
mving tlio
vce iipou a
he injuries
n Avitli the
te question
' the main
ion of tact
ability of
ition.
issioncrs on
iteniplated
>nt in the
ommenda-
ors, should
ncluded as
eonjointly
ition to seal
cction and
make a
ther jointly
e unable to
itted to the
sed by the
Commission
ARTICL]-: XI.
The decision of the Tribunal sliall, if possible, be made witliin three months
from the elose of the argument on both sides.
It shall be made in writing and dated, and shall bo signed by the Arbitrators
who may assent to it.
Tii(' deeision shall be in diij)lieate, one coj)y whereof shall be delivered to the
Agent of (Jrcat Britain for his Government, and the other copy shall be delivered to
tho Agent of the United States for his Government.
AETICLE XII.
Eacth Government shall pay its own Agent and ]n'ovide for the pi-opcr rcMUnera-
tion of the counsel employed by it and of tho Arbitrators appointed l)y it, and for
tile expense of preparing and submitting its ease to the Tiibunal. All other expenses
connected with the arbitration shall be defrayed by the two Governments in equal
moieties.
AETICLE XIII.
The Arbitrators shall keep an accurate record of their proceedings, and may
appoint and employ the necessary officers to assist them.
AETICLE XIV.
The Itigli Contracting Parties engage to consider the result of the proceedings
of the Tribunal of Arbitration, as a full, jjcrfect, and final settlement of all the
questions referred to tho Arbitratore.
ARTICLE XV.
Th(; present Treaty shall be duly ratified by Her Britannic Majesty and by the
President of the United States of America, by and w ith the advice and consent of the
Senate; thereof ; and the ratifications shall be exchanged cither at Washington or at
London within six months from the date hereof, or earlier if possible.
In faith M'liereof, we, the resiicctivc Plenipotentiaries, have signed this Treaty,
and have hereunto affixed our seals.
Dftne in duplicate, at Washington, the 29tli day of February, 1892,
(L.S.) JULIAN PAUNCEFOTE.
(L.S.) JAMES G. BLAINE.
No. 240.
The Marquis of iialisbury to Sir J. Pauncefote.
(Telegraphic.) JTashington, March 15, 1892.
1 SHOULD wish you to repeat to the Governor-General the telegram I have
received from Sir G. Baden-Powell, dated the 8th March.
No. 241.
The Marqicis of Salishunj to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, March 18, 1892.
nEll Majesty's Government have had under their consideration, and have
consulted the Governor-General of Canada in regard to, the arguments in favoilr of a
renewal of the modus virendi of last year, contained in Mr. Wharton's note of the
8th instant, the substance of which is given in your telegram of that day. The necessity
of reference to Ottawa has caused a delay in returning an answer.
The information which has reached Her Majesty's Government does not lead them
to believe that, in order to prevent an undue diminution of the number of fur-seals,
any necessity exists for tho suspension of sealing for another year.
Beyond this question, hoAvever, I understand that the Government of the United
States consider that, should free scaling be ijermitted this year, and the United States'
claim to jurisdiction in Behring's Sea be uphold by the Arbitrators, they have a right
to be protected from the loss that they will have suffered by the sealing operations,
Her Majesty's Govoviimcnf do not dispute that there will bo some foundation for
this conteiitiuii wIkmi the Arhitnilion Ai^reeinenl Iims been ratided.
Hut there is this det'eet in tiio iiroiiiliilioii of all sealiiu; as a remedy, that the
Hritisli contention shall be npheld by the ^\vl)itra(ors, there may bo t!;roiiiid i'or
complaint on the part of the JJritish sealers who will have been excluded I'rom
Behrini,''s Sea.
Further, no security exists that tho Arbitrators will have given their decision
before the sealing season of 189.'J arrives.
As you are aware, there has been an arbitration pending for four years between
this country, the United States, and i'ortiiy-al, whieh is not yet approaching conelnsiou.
Serious damage would be caused to the sealing industry by a suspension of
hunting for a prolonged period.
As a more equitable arrangement, might it not bo agreed that sealing-vcssels shall
be at liberty to hunt in Bchring's Sea on condition that security is given by the oAVUer
of each vessel for satisfying the award of damages, if any, which the jVi'bitrators may
eventually pronounce ?
No. 2'i2,
Lord Knutsford to Lord Stanley of Preston.
(Telegraphic.) Downing Street, March 18, 1892.
PLEASE direct the proper port authority at all harbours on the Pacific coast to
inform owners who are clearing or have cleared this year for Bebring's Sea that Her
Majesty's Government and the United States' (jovernment liavc agreed, subject to the
ratification of the Senate, to submit to arbitration the question whether sealers have
a right, without permission of the United States, to seal in the eastern half of
Bebring's Sea, east of the Russian lin(>, and that it is possible the sentence of the said
Tribunal may be given within the present fisliing season. ^Moreover, that both Her
Majesty's Government and the United States' Go\('rnment have made propositions for
intermediate Regulations restraining the catch of seals in the; said waters in case the
said Arbitration Agreement should be ratified. Neither the Arbitration Agreement nor
any intermediate Agreement liav(i yet boon definitively adopted between the two
Governments, and Avhethcr they arc; adopted, and at what date, is necessarily a matter
of uncertainty. But notice is hereby given to all sealers proposing to seal in the said
waters that they do so at their own risk, and after Avarning of the liability to inter-
ruption to which they may be exposed in consequence of either of the said
Agreements.
No. 2.i3.
Sir J, Pauncefote to the Marquis of Salisbury.* — {Received March 21.)
My Lord, Washington, March 10, 1892.
"WITH reference to my telegram of the Stii instant, I have the honour to
inform your Lordship that I called by request at the State Department on Tuesday
afternoon, where, owing to the illness of Mr. Blaine, I was received by Mr. Wharton, the
Acting Secretary of State, who put into my liands a note, copy of which is inclosed
herewith, containing the reply of the United States' Government to my notes of the
29th ultimo and 7th instant respectively, on the subject of the renewal of the modus
Vivendi in Behring's Sea.
Mr. Wharton informed me at the same time that he had been instructed by
the President to request me to telegraph the whole of this note to your Lordship.
1 pointed out to Mr. Wharton tliat I could hardly telegraph verbatim a note of such
great length, and he replied that he thought it would be sufficient to telegraph all the
leading arguments contained in the note, wiiich I promised I would do.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
* Subitanee telegraphed.
e:
h
'
it ion for
it the
und lor
led Irom
decision
between
nelusioii.
3Usion oi'
isels shall
he owner
itora may
8, 1892.
[ic coast to
a that Iler
(ject to the
"iilpvs have
rii half of
of the said
; hoth Her
lositions for
in case tho
eonient nor
•n the two
ily a matter
in the said
ity to intcr-
f the said
1-)
10, 1892.
honour to
on Tuesday
iVharton, the
is inclosed
lotcs of the
f the modus
nstructed by
dship.
note of such
;rai)h all the
CEFOTE.
^m
m
Inclosure in No. 243.
Acting Secrftary Wharton to Sir J, Pauncefote.
Sir, Department of State, Washington, March 8, 1892.
I AM directed by the President to say, in reHponsc to your two notes of the
29th February and 7th March, that he notices with tiie deepest repret the indisposition of
Her Majesty's Government to agree upon an effective modus for the preservation of the
seals in the Behring's Sea pending the settlement of the respective tights of that
Government and of tiie Government of the United States in these waters and in the fur-
seal fisheries therein.
The United States claims an exclusive right to take seals in a portion of the
Behring's Sea, while Her Majesty's Government claims a common right to pursue and
take the seals in those waters outside a .'l-miie limit. This serious and protracted
controversy, it has now been happily agreed, shall be submitted to the determination of
a Tribunal of Arbitration, and the Treaty only awaits the action of the American Senate.
The judgment of the Arbitration Tribunal cannot, however, be reached and stated in
time to control the conduct of the respective Governments and of their citizens during
the sealing season of 1 892 ; and the urgent question now is, What does good faith, to say
nothing of international comity, requi.e of the parties to the arbitration ? If the
contention of tiiis Government is sustained by the Arbitrators, then any killing of seals
by the Canadian sealers during this season in these waters is an injury to this Govern-
ment in its jurisdiction and property. The injury is not measured by the skins taken,
but affects the permanent value of our property.
Was it ever heard before that one party to such a controversy, whether a nation or
an individual, could appropriate the whole or any part of the income and profits, much
less the body of the contested property, pending the litigation, without accountabilitv ?
Usually a Court of Chancery would place a receiver or trustee in charge, and hold the
income of the property for the benefit of the prevailing party. You say that Lord
Salisbury, rejecting the illustration used by Mr. Blaine, "suggests that the case is more
like one of arbitration respecting title to a meadow. While the arbitration is going on
we cut the grass ; and quite rightly, for the grass will be reproduced next year, and so
will the seals."
He can hardly mean by this illustration that, being in contention with a neighbour
regarding the title to a meadow, he could by any precedent in the Equity Courts or by
any standard of common honesty be justified in pocketing the whole or any part of the
gains of a harvest without accountability to the adverse claimant whose exclusive title
was afterwards established. It is no answer for the trespasser to say that the true owner
will have an undiminished harvest next year. Last year's harvest was his also. K by
the use of the plural pronoun his Lordship means that the harvest of the contested
meadow is to be divided between the litigants, I beg to remind him that the title of the
United Stales to the Pribyloff Islands has not yet been contested, and that our flag does
not float over any sealing-vessel. The illustration is inapt in the further particular that
the seals not taken this year may be taken next, while the grass must be harvested or
lost.
This Government has already been advised in the course of this correspondence that
Great Britain repudiates all obligations to indemnify the United States for any invasion
of its jurisdiction, or any injury done to its sealing property by the Canadian sealers.
The attempt to make a damage clause one of the Articles of the Arbitration Agreement
failed, because Her Majesty's Government would not consent that the question of its
liability to indemnify the United States for the injuries done by the Canadian sealers
should be submitted. Two extracts from the correspondence will sufficiently recall the
attitude of the respective Governments.
In my note of the 23rd July I said : " The President believes that Her Majesty's
Government may justly be held responsible, under the attendant circumstances, for
injuries done to the jurisdictional or property rights of the United States by the sealing.
"v^sels flying the British flag, at least since the date when the right of these vessels to
invr.tl 1;he Behring's Sea and to pursue therein the business of pelagic sealing was made
the K' >ject of diplomatic intervention by Lord Salisbury. In his opinion, justice
.tqmr<M that Her Majesty's Government should respond for the injuries done by those
Vi'ssels if their acts are found to have been wrongful, as fully as if each had borne a
com mission from the Government to do the act complained of. The presence of the
master, or even of a third person, under circumstances calculated and intended io give
encouragement, creates a liability for trespass at the common law, and much more, if
his presence is accompanied with declarations of right, protests against the defence
[572T Y
t
k, I.
ii; j|.
■ f
IMAGE EVALUATION
TEST TARGET (MT-3)
1.0
I.I
125
■^ Uii 1 2.2
us
m
|l.25 j 1.4 ,,.6
<
6"
►
Photographic
Sciences
Corporation
23 VW3T H%»i %ir.K\'
WnSTIR.N.V. WitO
(716)172-4503
162
which the owner is endeavouring t(> mnke, and n dcctlared purpose to aid the
trespassers if they are resisted. The justice of tliis rule is so apparent that it is not seen
how, in the less technical Tribunal of an international arbitration, it could be held to be
inapplicable.
" The United States might well insist that Her Majesty's Government should admit
responsibility for the acts of the Canadian sealers, which it lias so directly encouraged
and promoted, precisely as in the proposal the United States admits responsibility for the
acts of its revenue vessels. But, with a view to remove what seems to be the last point
of difference in a discussion whicli has been very much protracted, the President is willing
to modify his proposal, and directs me to offer the following : —
"The Government of Great Britain having presented the claims of its subjects for
compensation for the seizure of their vessels by the United States in Behring's Sea ; and
the Government of the United States having presented, on its own behalf as well as of
the lessees of the privilege of taking seals on the PaibylofT Islands, claims for compensa*
tion by reason of the killing of seals in the Behring's Sea by persons acting under the
protection of the British flag, the Arbitrators shall consider and decide upon such claims
in accordance with justice and equity, and the respective rights of the High Contracting
Powers, and it shall be competent for the Arbitrators to award such compensation as, in
their judgment, shall seem equitable."
In your note of the 17th October you say : —
"I regret to inform you that Her Majesty's Government, after the fullest con-
sideration, have arrived at the conclusion that this new clause could not properly be
assented to by them. In their opinion, it implies an admission of a doctrine respecting
the liabilities of Governments for the acts of their nationals or other persons sailing
under their flag on the high seas, for which there is no warrant in the law of nations.
Thus it contains the following words : —
" ' The Government of the United States having presented on its own behalf, as
well as of the lessnes of the privilege of taking seals on the Pribylyff Islands, claims for
compensation by reason of the killing of seals in Behring's Sea by persons acting under
the protection of the British flag, the Arbitrators shall consider and decide upon such
claim.'
"These words involve the proposition that Her Majesty's Government are liable
to make good losses resulting from the wrongful action of persons sailing outside their
jurisdiction under the British flag. Her Majesty's Government could not accept such a
doctrine."
The President cannot believe that, while holding this view of its accountability, the
Government of Great Britain will, pending the arbitration, countenance, much less
justify or defend, the continuance of pelagic sealing by its subjects. It should cither
assume responsibility for the acts of these sealers, or restrain them from a pursuit
the lawfulness of which is to be determined by the arbitration.
In your note of the 29th February you state tliat Her Majesty's Government has been
itaformed by the British Commissioners " that, so far as pelagic sealing is concerned, there
is no danger of serious diminution of the fur-seal species as a consequence of this year's
hunting," and upon this ground Lord Salisbury places his refusal to renew the modus
of last year. His Lordship seems to assume a determination of the arbitration against the
United States and in favour of Great Britain, and that it is already only a question
of so regulating a common right to take scols as to preserve the species ; by what right
docs he do this ? Upon what principle does he assume that if our claims are established,
any diminution of the seals, whether serious or not, during this season, or indeed, any
taking of seals, is to be without recompense 'r' In the oj)inion of the President, it is not
consistent with good faith that either party to an arbitration should, pending a decision,
in any degree diminish the value of the subject of arbitration or take any profit from
the use of it without an agreement to account.
Before an agreement for arbitration had been reached, the prohibition of pelagic
sealing was a matter of comity ; from the moment of the signing of that Agreement it
became, in bis opinion, a matter of obligation.
During the season of 1891, notwithstanding the restrictions .\.-sult:ng from the modun
adopted, the Canadian sealers took, in the Behring's Sea alone, 28,763 skins, or nearly
four times as many as the restricted catch upon our island. This Government is now
advised that fifty-one vessels from British Columbia and sixteen from Nova Scotia have
sailed, or are about to sail, for the Behring's Sea to engage in taking seals. This large
increase in the fleet engaged makes it certain, in the absence of an effective restrictive
agreement, that the destruction of seal life during this season by pelagic sealing will
be unprecedented, and will, in the opinion of our Commissioners, so nearly destroy the
■■■•I
aid the
i not Hcen
Held to be
juld admit
ncouragcd
ity for the
last point
it is willing
ubjects for
B Sea ; and
8 well as of
■ compensa-
undcr the
such claims
Contracting
sation aa, in
fullest con-
properly be
le respecting
rsons sailing
K of nations.
urn behalf, as
ds, claims for
acting under
le upon such
jnt arc liable
outside their
accept such a
mtability, the
ec, much less
should cither
[om a pursuit
Iment has been
icerned, there
of this year's
iw the modus
ion against the
Inly a question
by what right
ire established,
[)r indeed, any
ddent, it is not
[ng a decision,
my profit from
lion of iwlagic
Agreement it
Ifrom the modun
Tskins, or nearly
Irnment is now
Lva Scotia have
tls. This large
kive reotrictiyc
tic sealing will
my destroy the
value of the seal fisheries as to make wliat will remain of so little value as scarcely to
bo a worthy subject for international arbitration.
The proposition of Lord Salisbury, to prohibit i\w killing of seals at sea " within a
zone extending to not more than 30 nautical miles around tiio Pribyloff Islands," is so
obviously inadequate and so impossible of execution that this Government cannot enter-
tain it. In the early part of the discussion of tl u sulycct of a modus for last year this
method was tentatively suggested, among others, in conversation between yourself and
Mr. Blaine. But it was afterwards, in effect, agreed by both Governments to be
inadequate, and was not again referred to in he correspondence. In the Memorandum
furnished by you with your note of the GUi June you say, •' Tiord Salisbury points out
that if seal hunting be i»rohil)ited on one side of a purely imaginary line drawn in the
open ocean, while it is permitted on the other side of the line, it will be impossible in
many cases to prove unlawful sealing, or to infer it from the possession of skins or fishing
tackle."
This was said with reference to the water boundary of our purchase from Russia,
but it is quite as applicable to the 30-miIe zone which he now suggests. The prevalence
of fogs in these waters gives increased force and conclusiveness to the point made by his
Lordship against an imaginary water-line.
The President cannot agree, now that the terms of arbitration have been settled,
that the restrictions imposed shall Itc less than those which both Governments deemed
to be appropriate when it was still uncertain wliethcr an early adjustment of the
controversy was attainable. He therefore hopes that Her Majesty's Government will
consent to renew the arrangement of last year with the promptness which the exigency
demands, and to agree to enforce it by refusing all clearances to sealing-vessels for the
prohibited waters, and by recalling from those waters all such vessels as have already
cleared.
This Government will honourably abide the judgment of the High Tribunal which
has been agreed upon, whether that judgment be favourable or unfavourable ; and will
not seek to avoid a just responsibility for any of its acts which by that judgment are found
to be unlawful. But certainly the United States cannot be expected to suspend the
defence, by such means as are within its power, of the property and jurisdictional rights
claimed by it pending the arbitration, and to consent to receive them from that Tribunal,
if awarded, shorn of much of their value by the acts of irresponsible persons.
I have, &c.
(Signed) WILLIAM F. WHaBTON.
, , No. 2-l<4.
Sir J. Pauncefote to the Marquis uf Salisbury. — {Received March 24.)
(Tolegraijhic.) yVashington, March 23, 1892.
ii.VST night I received the reply of the United States' iJovornment to my
note (Mnlu)dying the substance of your Lordship's tt'lcgrnni of the ISth instant on
the Behring's Sea (|nesti(in. The Pii'sideiit iccjuested that it should be telegraphed to
your Lordsliip. The sulKslanee of it is as foUows : —
The PresidiMit had <,'ivcii iinnicdiatc attention lo my note, on account of the
extreme gmvily ami nriicncy ol the matter, icrowiug out of the fact that any modua
vivendi will be made inell'eotiial tor the protection of the interests of the United States
by much further protraction, and that, by reason of tiie impossibility of commu-
uieating with the Canadian sealers, immunity will be given to them. These vessels
have hastened their departure, as is known, in ord r to esaipo notice of any modu«
vivendi being served upon them. L'orty-seven vesnels have already cleared, and if
measures l)e. not taken to stop them, tin'y will pursue t\w slaughter of gravid female
seals to tlie very shores of t he breeding islands. This is a crime against nature. If the
arbitration proceeds, the United States' Government expect to be able to show that the
larger percentage of tb(> pelagic catch consists of fen'ale se-als. It is surprising
and disappointing, in view of the above, that yo\ir Lordship should assume that
suspensicm c)f such sealing i'or another year is not necessary, in order to prevent
the undue diminution of the seal-herds, and that you should insist tliat it
shouhl continue. If ller Majesty's (iovernmeut pays so little, regard t«) the contentions
of the Unitcnl States' (iovernment as to refuse to respect them for a single season, the
President is unable to understand for what reason it should have been proposed and
agreed to by your Lordshi[) to give 'hem tlie status implied by the agreement to
submit them to arbitration. It was open to ni.'ither party to disregard the contention
of the other from tie date of the signature of the above Agreement. It must be
n
. I
[572]
Y 2
104
assumed that the object which the two GovernmontM liad in view was the promotion of
good-will and peace but ; if, while arbitration is pending, the subject-mutter is dealt
with by either of them on the basis of its own contention only, this purpose is not
attaineid; on the contrary, and even if it should Ix^ {lossible under such circumstances
to proceed with the arbitration, n now sense of injury and injustice is added.
If Her Majesty's Government proceeds this season on the I)asis of its contention as
to the rights of the Canadian sealers, no choictt remains for the United States but to
proceed on the basis of their own confident contention, that pcla{;ic scaling is an infraction
of its jurisdiction and proprietary rights. This, in the opinion of the President,
constitutes the gravity of the situation, and he is not willing to be found
responsible for such results as may follow from an insistance on the part of either
Government during this hunting season on the extreme rights claimed by it. The two
great Governments interested in the question would be discredited in the eyes of the
world if the friendly adjustment of their difficulties, which is so nearly concluded,
were to be thwartecf, or even disturbed, on account of the paltry profits of a single
season. But if your Lordship persists in refusing to join the Government of the
United States in stopping pelagic scaling promptly, and insists upon the maintenance
of free sealing for British subjects, the question no longer is one of pecuniary 1o9b or
gain, but one of honour and sclf-n>8pect, so far as it affects the Government of the
United States.
The United States have jiroposed to take no profit from the island catch, notwith-
standing that their right to take seals on the islands is neither disputed nor involved
in the arbitration, and to engage that the take should bo limited to the necessities of
the natives. Whether with or without indemnity, they are unable to consent that the
rights of British subjects in Bebring's Se.i, which are contested, shall continue to be
exercised while arbitrtition is ponding. Tho President finds it difficult to believe that
your liordship is serious in proposing that bonds against the injury which may be
inflicted on the jurisdiction or property «>f the United States shall be taken by the
United States' Government from tho ownoi-s of about 100 Canadian vessels, and he
must decline to discuss a suggestion which only his respect for your Lordship, and his
belief that the gravity of this discussion is fully r«>ali7.o(l by your Lordship, enables him
to treat seriously.
In order to secure the proposed bonds, fho United St^vtos would have to pursue
owners upon the sea, and as the condition is t^) be tiiat " any damages which the
Arbitrators shall adjudge" shall bo paid by the owners, while no jKJwer to adjudge
such damagt»s is given to tho Arbitrators by the Treaty, the transaction would be of
no value to the United States, and without risk to the owners. But however adequate
the security offered, the United States' Government cannot consent to have its rights
impaired, pending their determination by a Tribunal of Arbitration. The reference in
Mr. Blaine's last note to the inconsistency of Her Majesty's Government in denying
responsibility for the acts of Canadian sealers was not meant to imply that tho United
States would be willing to consent to the conversion of their property into a claim for
damages, particularly as the Arbitrators cannot determine such a claim unless the
Treaty be revised. Your Lordship should bear in mind, whilst making your present
proposal, t'uat the fact of the Arbitrators not having jurisdiction as to damages is the
result of concessions made by the United States' Government to your views.
The President fails to see how claims can, by law or equity, be brought by subjects
of either Power against their respective Governments, on account of restraints imposed
with a view to tho promotion of the public good or of international peace. There is
full provision in the Treaty itself against tho suggestion, that tho conclusion of the
arbitration will not bo reached before the season of 1893. As to the Uelagoa Bay
Arbitration, your Lordship is in error in thinking that it has been proceeding for four
years. It dates from a period of less than one year ago. If tho Treaty is promptly
ratified, mutual interests will be a sufficient guarantee against delay. The sole obstacle
to such a consummation is the prevalent belief, that Great Britain's refusal to preserve
the status quo of tho property, and her insistance on continuance of pelagic sealing
during the arbitration, to the injury of the rights of the United States, largely defeats
the object for which the Treaty was mode.
The note ends with the following words : " The President directs me to say,
in conclusion, that the modwt vivendi of last year is the least that this Government can
accept. In reason, the restraints after a Treaty of Arbitration should be more
absolute, not less. He does not desire to protract the discussion, and having now,
in the most friendly spirit, submitted tho considerations which support the just demand
of this GoTomment, that the property which is now the subject of an agreed arbitration
165
romotion of
tter is dealt
p()8c! is not
cumstances
i.
mtention as
Atos but to
in infraction
! President,
, be found
rt of either
it. The two
) eyes of the
f concluded,
) of a single
ment of the
maintenance
iniary loss or
imcnt of the
tch, notwith-
nor involved
necessities of
tsent that the
mtinue to be
J believe that
rhich may be
taken by the
;s8els, and he
iship, and his
[), enables him
avc to pursue
psa which the
er to adjudge
1 would be of
rever adequate
lavo its rights
10 reference in
nt in denying
lilt the United
ito a claim for
,im unless the
g your present
lamages is the
ews.
»ht by subjects
iraints imposed
eace. There is
iiclusion of the
n Delagoa Bay
eeding for four
ityis promptly
le sole obstacle
asal to preserve
pelagic sealing
largely defeats
;cts me to say,
lovemment can
hould be more
id having now,
the just demand
" arbitration
shall not 'oe subject vo spoliation pending the arbitration, he expresses the hope that
Lord Salisbury will give a prompt and friendly assent to the renewal of the modu$
Vivendi. The President will hoar with regn't that llcr Majesty's Govj'rnment continues
to assert a right to deal with tliis subj(!ct precisely as if no provision had boon made
for the settlement of the dispute ; and in tiint event, this Government, as has already
been pointed out, will he compelled to deal with tlie subject upon the s^mc basis, and
to use every means in its pr)wer to protect from destruction or serious injury property
and jurisdictional rights which it iios long claimed and enjoyed."
No. 246.
The Marquit of Salisbury to Sir J. Paunci;fote.
(Telegraphic.) Foreign Office, March 20, 1892.
IN reply to your telegram of the 23rd instant.
Notice has been given to the owners of ships sailing for Behring's Sea, that
both the Agreements which are at present under discussion between Great Britain and
the United States — that as to Arbitration and that as to an intermerliate arrange-
ment — may affect the liberty of sealing in Behring's Sea. They have, therefore,
notice of their liability to possible interruption, and will sail subject to that notice.
The question of time is not, therefore, urgent.
Inform President that we concur in thinking that when the Treaty shall havi;
been ratified there will arise a new state of things. Until it is ratified our conduct is
governed by the language of your :iote of the 14th June, 1800. But when it is
ratified both parties must admit that contingent rights have become vested in the
other, which both desire to protect.
We think that the prohibition of sealing, if it stands alone, will be unjust to
l>ritish sealers, if the decision of the Arbitrators should be adverse to the United
States. We are, however, willing, when the Trcavy has been ratified, to agree to an
arrangement similar to tlmt of last year, if the United States will consent that tho
Arbitrators should, in tho 3vent of a decision adverse to the Unit<Ml States, assess the
damages which the prohibition of scaling shall have inflicted on British sealers
during the jrendency of tho Arbitration ; and, in the event of a decision adverse to
Great Britain, should assess tho damages which the limitation of slaughter shall, during
the pendency of the Arbitration, have inflicted on the United States or its lessees.'
As . an alternative course we are also willing, after the ratification of the Ti-caty,
to prohibit sealing in the disputed waters, if vessels be excepted from the prohibition
which produce certificate that they liave given security for such damages as the
Arbitrators may assess, in case of a decision arlverse to Gr'^at Britain ; the Arbitrators
to receive the necessary authority in tliat behalf. In this case the restriction of
slaughter on tho islands will not, in point of equity, be necessary.
Her Majesty's Government are unable to see any other than one of these two
methods of restricting seal-hunting in the disputed waters during the Arbitration, which
w"ll bo equitable to botli parties.
No. 246.
1 -. The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, March 26, 1892.
WITH further reference to your telegram of the 23rd instant.
I am not prepared to admit, as I gather that the President thinks, that we have
objected to the Arbitrators having jurisdiction as to damages inflicted in the past by
the party against whom the award is given. I only objected to make Her Majesty's
Government liable for acts which they have not committed. I am ready to consent to
a reference on this point in the following terms : —
That in case the Arbitrators shall decide in favour of the British Government,
that Government may ask them, further, to decido whether tho United States'
Government have since 1886 taken any action in Behring's Sea directly inflicting
a wrongful loss on British subjects, and, if so, to assess the damage incurred thereby.
That in case the Arbitrators shall decide in favour of the Government of the
United States, that Government may ask them to decide, further, whether the British
Government have since 1883 taken any action in Behring's Sea directly inflicting a
wrongful loss on tho United States or its lessees, and, it so, to assess the damage
incurred thereby.
166
APPENDIX.
Colonial Office to Foreign Office. — {Received March 2.)
Sir, Downing Street, March 2, 1892.
WITH reference to previous correspondence, 1 am directed by Lord Knutsford
to transmit to you, to be laid berore the Marquis of Salisbury, a copy of a despatch
from the Goyernor-General of Canada, forwarding copy of an Order in Council, to
which are appended affidavits taken before the Collector of Customs at Victoria,
British Columbia, with regard to certain points in connection with pelagic sealing.
I am, &c.
(Signed) JOHN BRAMSTON.
Inclosuro 1.
Lord Stanley of Preston to Lord Knutsford.
My Lord, Government House, Ottawa, February 10, 1892.
1 HAVE the honour to transmit herewith, for your Lordship's information,
copy of an Order in Council, to which are appended aflidavits taken before the
Collector of Customs at Victoria, British Columbia, with regard to certain points
in connection with pelagic sealing.
Copy of the Order in Council has l)een sent tn Her Majesty's^ Minister at
Washington for communication to the Bchring's Sea Commissioners.
I have, &c.
(Signed) STANLEY OF PRESTON.
Inclosure2.
Report of a Committee of the\Honourable the Privy Council, approved by his Excellency the
Governor-General in]Council on the 9th February, 1892.
ON a Report, dated the 1st February, 1892, from the Minister'of Marine and
Fisheries, stating that, upon the receipt of a letter from the Behring's Sea Commis-
sioners, Sir George Baden-Powell and Dr. George M. Dawson, asking for additional
documentary evidence regarding certain points which have been put forward a'.i'>ng
the main indictments of pelagic sealing, he communicated with the Collector
of Customs at Victoria, with a view to eliciting information on the following
points : —
1. The proportion of seals lost as compared with those hit in pelagic sealing.
2. The proportion of females to males in the number killed in the different
fishing seasons.
3. The abstention of Canadians from all raiding on the seal islands.
The appended atiidavits, taken before A. R. Milne, Collector of Customs at
Victoria.fhave been received from the following parties: —
Cereno Jones Kelley, master of the schooner " C. H. Tupper."
Captain William Petit, master and part owner schooner " Mischief."
Captain Wentworth Evelyn Baker, master schooner " C. H. Tupper," and
formerly master of schooner "Viva."
Clarence Nelson Cox, master of schooner " E. B. Marvin."
Captain Alfred Bissett, master of schooner " Annie E. Paint."
Captain Theodore M. Magnesen, in command of schooner " Walter A. Earl."
Henry Crocker, hunter on board schooner " Annie E. Paint."
George Roberts, hunter on board schooner " Annie E. Paint."
Richard Thomson, hunter on board schooner " Annie E. Paint."
Andrew Laing, seal hunter.
William Cox, master schooner " Sapphire."
The Minister recommends that copies of these aflidavits be transmitted to the
Behring's Sea Commissioners without delay.
*ii**P«ap
HP
I 2, 1892.
I Knutsford
a despatch
Council, to
it Victoria,
ic sealing.
.MSTON.
10. 1892.
information,
before the
rtain points
Minister at
RESTON.
Excellency the
Marine and
)ca Coinmis-
>r additional
ward a'.'>'^ng
le Collector
le following
c sealing,
le different
!!)u8toins at
ipper," and
• A. Karl.
167
The Committee, on the recommendationof the Minister of Marine and Fisheries,
advise that your Kxcellency be moved to forward a copy hereof to the Principal
Secretary of State for the Colonies for the information of Her Majesty's Government.
All of which is respectfully submitted for your Excellency's approval.
(Signed) JOHN J. McGEE,
Clerk of the Privy Council.
Inclosuro 8.
Mr. Milne to Mr. Tupper.
Sir, Customx, Canada, Victoria, B.C., January 22, 1892.
I HAVK the honour to acknowledge the receipt of your communication of the
7th instant, relative to a joint letter from Sir George Baden-Powell and Dr. George
M. Dawson, Behring's Sea Commissioners.
I beg to state that I have endeavoured to supply the information, and herewith
transmit the first lot of affidavits of some of the most reliable of our scaling men,
and I am continuing to take all I can obtain, which will be forwarded from day
to day.
1 trust the information is what is wanted, as I have endeavoured to frame the
questions so that the answers would show reasons for their intelligent answers on
the three questions : —
1. The proportion of seals lost as compared with hit.
2. The proportion of females to males killed in the different months.
3. The abstention of Canadians from all raiding, &c.
I have, &c.
' (Signed) A. U. M.lhNE, Collector.
' ' Inclosure 4. '
Depositions taken before A. R. Milne, Collector of Customs, Port of Victoria, B.C.
H.
mitted to the
CERENO JONKS KELLP:Y, master of the Canadian schooner "C
Tupper," of Slielbnurne, Nova Scotia, having been dfuly sworn : —
1. Mr. Milne. — How many years have you been engaged in sealing. Captain
Kelley ? — A. I have been sealing for two years as master of the "C. H. Tupper."
2. Q. Have your voyages been reasonably fortunate, in comparison with those
of other vessels? — A. About an average.
3. Q. Have you gone south of Cape Flattery in hunt for seals ? — A. Yes, Sir ;
and have followed the seals all along the coasts of British Columbia to Behring's
Sea.
4. Q. During last year, to your observation, were the seals as plentiful from the
coast to Shumagin Islands as they were the previous year? — A. 1 think there was
no material diHerence.
5. Q. Did the seals last year appear to be frightened or more timorous than in
previous years on account of the number of vessels ? — A. I observed no material
difference.
6. Q. In shooting seals, what is your experience? — A. My experience is that
unless a seal is mortally wounded — hit in a vital spot — it is practically uninjured,
and appears to be as full of vitality as before it was shot. The shot-wounds will
rapidly close up, if not made in a vital part, and the seal will swim away as though
nothing had happened. The Row of blood stops very quickly, and the seal moves
off at a very rapid rate. I picked shot from the bodies of seals, previously wounded
in other than a vital part, and the animal in every other way appeared to be in a
healthy condition.
7. Q. So you believe that a seal when shot, if not mortally wounded, does not
sink or seek a place — a rookery, or some place to die ? — A. A wounded seal will not
alter its course in the slightest. It will go along the same as before, its wound
healing rapidly, very rapidly, too. It is astonishing how quickly such wounds will
heal. I once shot a seal which had been speared by Inaiaas, and the spear had
fa^*?aS
iisii
^*^SXS7-..,.
168
made an apparently mortal wound. There was a cut ^bout 2i bv 3 inches a little
above the side behind the flipper. This wound ap^jeared to nave been made
about three days previously, and in that time it nad healed half an inch all
round.
6. Q. Are there more seals shot sleeping than in motion f—A. I should say that
the larger proportion of seals are shot whilst sleeping, that is, as far as my own
experience goes.
9. Q. What do you consider the vital part of a seal? Where do the hunters
aim Tor generally — the head or the heart V — A. It depends largely upon the position
or the seal. The vital parts are in the head, in the vicinity or the heart, and, ir a
seal is shot so as to bleed internally, the hunters are sure oi' securing it. The head
is the usual mark.
10. Q. What is usually a safe shoriting distance? — A. It depends largely upon
the circumstances of the case. Somewhere between lU and HO yards would be
about the distance. I should say that it is the average with sleeping or travelling
seals. The sleeping sen! is often approached to within even less than iO yards,
but the average is from 10 to 20 yards for sleeping seal, and from 10 to 30 yards for
travellers
11. Q. The seal is very sensitive, is it not? — A. Yes; we have to approach
them from the leeward always. Their sense of smell is verv acute.
12. Q. Do tl'.e seals generally travel far when wounded ? — A. That will depend
upon where it is wounded. If it is vitally wounded in the head, it will hardly move
from its position, for it is likely to die right there, but it will not sink. This is from
my own observation. There is only one way that a seal will sink after being shot,
that is, when it is shot in such a manner as to be thrown backwards, sinking tail
first, thus allowing the air to escape out of its mouth. I might say, further, that I
have never seen a seal sink which was shot while sleeping.
18. Q. Will you state the proportion of seals lost ns compared with those hit in
sealing? — A. My own personal experience during the past two years is that my
loss by seals sinking would not average 3 per cent. During last year (1891) I
actually lost only two seals out of seventy-seven— that is, I shot seventy-nine, and
stcured seventy-seven.
l<). Q. In hunting seals, what is the direction in which they usually travel? —
A. In the spring months they are leisurely travelling towards the north, when they
change their position.
\C}. Q. In hunting seals, have you ever met with pups in the water? — A. Not
generally ; but during the season of 1890, while oiT Middleton Island, the hunters
reported seeing two seal pups, probably a week old, but they appeared to be only
just l)orn.
16. Q. What is your opinion of the proportion of males to femt^!^^ killed
during the hunting season ? Are there any months in the year when there are
more females than males killed ? — A. It depends upon circumsiances. My expe-
rience is that groups of bachelor bulls will travel togetlier, and sometimes groups
of females, including barren cows, will travel together, and again groups of yearling
pups apparently travel together. That is my experience, and tne experience of a
number of others. The catch of any schooner coming into contact with groups of
Dulls, or of females, would be no criterion of the catch of other schooners as regards
the number of females. In the year 1890, while in Behrin^'s Sea, one day wo took
seventy-five seals, and the next day we took eighty, and in the whole of that number
I observed only one female, and the hunters particularly informed me that they did
not see any female seals at all ; that they were all vigorous young bulls.
17. Q. Would anything lead you to think, Captain Kelley, that there is a
likelihood of more females than males being killed between here and Shumagin
Islands? That is, from January to June?— i4. I can safely say that my personal
experience has been on the side of the males, largely — both on the coast and in the
Behring's Sea the number of seals caught is made up largely of males.
18. Q. Are there any months of the year during which there are more females
caught than males ? — A. 1 should say that, as far as my own observation has gone,
there is no difference ; but in every month, during my voyages, I have had more
males than females.
19. Q. Do you know of any Canadian vessels who have raided the seal islands
during anv year in which you have been engaged in the sealing industry ? — A. 1
have every reason to believe that none of the Canadian fleet have over raided, or
attempted to raid, or made any preparations to raid, any seal islandi in the
IS
lies a littU
leen made
,n inch all
Id say that
18 my own
^he hunters
he position
■t, and, ir a
The head
irgcly up«>n
B would be
r travelling
II 10 yards,
30 yards Tor
',o approach
will depend
hardly move
This is from
r being shot,
sinlting tail
irther, that I
ii those hit in
8 is that my
ear (1891) I
nty«nine, and
lUy travel ? —
h, when they
tcr? — A. Not
I, the hunters
ed to be only
jm*.'.^^ killed
len there are
My expe-
_;limes groups
)s of yearling
>ericnce of a
th groups of
rs as regards
day \vu took
that number
that they did
s.
lat there is a
nd Shumagin
^t my personal
mat and in the
more females
ition has gone,
ave had more
,he seal islands
dustry?— il. I
over raided, or
islands in the
U9
liehring's Sea. If any such a thing hnd happened, I should mo8t certainly have
heard of it, and I believe it to !>« true Ihnt tno American schooners "George U.
White" and " Daniel Webster" did raid these islaiuls, as also the " Mollio Adams"
That they did raid tiiu sei*' islands is a fact well known to all Canadian scalers. I
also heard that the (Jcrm a sehooner " Adele" raided the PribylolT Islands, which
action met with the stronj;; disapprobation of every Canadian scaler.
(SigntHl) C. J. KELLEY.
Hworn to at Victoria, British Columbia, this 22nd day of January, 1892.
(Signed) A. R. Milne,
Collector of Cusloms.
Before A. R. Milne, Collector of Customs, Victoria, B.C., January 23, 1892.
Captain William Petit, present master and part owner of the steamer
" Mischief," having been sworn : —
1. Q. {Mr. Milne.) — Captain Petit, how many years have you been engaged in
sealing? — A. Six years, Sir.
2. Q. Continuously? — A. Yes, Sir.
3. Q. What vessels did you command ? — A. In 1SS6 I commanded the " W. P.
Say ward." in 188" the steamer "(J race," in 1888 the schooner " Sapphire," and in
1889, 1890, and 1891 the " Mary Taylor."
4. Q. Have your catches during these six years been reasonably successful in
comparison with other vessels? — A. About an average.
5. Q. You have sealed south of Cape P'hittcry, have you not, and followed the
seals along the coast ufHritish Cotumltia and into Hchring's Sea?— ^4. Yes.
5*. Q. During last year, to your observation, were the seals apparently as
()lentiful from the coast to Shumagin Islands as they were in previous years? — A. I
bund them more plentiful last year than I have a'iy other year since 1886, that is,
Cape Flattery, north.
6. Q. Mow did you find them in Uehring's Sea? — A. I found them there in
Behring's Sea as plentiful as in former years.
7. Q. Are the seals now more frightened or more timorous than they have been
on accountof more vessels, or from any other cause? — A. I have seen no material
difference.
8. Q. In shooting seals, what is your experience ? — A. My experience is that
unless a seal is mortally wounded — hit in the head or in the region of the heart — the
shot docs not appear to injure it.
9. Q. Do you believe thai a seal, when shot, and not mortally wounded, does not
sink, or seeks some place to die — a rookery, or some such place? — A. No, Sir; a
wounded seal will not alter its course in the slightest. It will move along as before,
its wound licaling rapidly.
10. Q. What do you consider the vital part of a seal ? Where do the hunters
generally aim for ? — A. For the i-ead or the heart ; it deiends upon the position of
the seal, but usually the head.
11. Q. What is the distance at which you shoot seals? — A. It depends upon
circumstances.
12. Q. Are more seals shot while sleeping than in motion ? — A. There are more
shot sleeping, Sir. It is my opinion that the larger proportion of seals are shot
while sleeping. The seals taken by the Indians arc nearly all killed wnile sleeping.
13. Q. What is the shooting distance? — A. It depends upon circumstances; 10
to 20 yards for sleepers, and a little more, 10 to 30 yards, for travellers.
14. Q. You have seen the hunters and Indians approach even nearer than
10 yards, have you ?— ^i. Yes, I have seen them approach to within less than
10 feet.
15. Q. \/hen seals arc vitally wounded, say in the head, will they move far from
the position in which they arc shot? — A. No, Sir.
16. Q. They are likely to die right there, are they ? — A. Yes, Sir.
17- Q. And tliey will not sink ? — A. With few exceptions, such as when a seal
is shot and thrown backwards, thus allowing the air to escape out of its mouth.
18. Q. Will you state your opinion. Captain Petit, of the proportion of seal lost
by sinking after being shot? — A. My personal experiencs during last season with
white hunters would not exceed 5 per cent., and with Indians in former years I
f672] Z
170
doubt if it amoiintH to even 1 per cent. The reason of this percentage in favour of
Indians ih iK'causc tliey were cangiit with a spear, and consequently could not get
away.
19. Q. Have you ever seen a seal shot wliile sleeping sink? — A. I have never
known one to sink.
20. Q. Then you are clearly of the opinion that seals will not sink for some time
unless thrown backwards? — A. lam. When they do sink, even to 10 or 15 feet, they
can be reached with the gaff.
21. Q. When the hunters re»urn to the vessel at night, do they usually discuss
their day's proceedings, and particularly mention the loss of seals, when such loss
occurs ? — A. Yes.
22. Q. Then, Captain Petit, you conscientiously adhere to the statement that
the loss by sinking of seals hit will not exceed f) per cent. ? — A. I certainly do ; but
there are seals hit and not mortally wounded, and these escape, but they are not
"lost," as they are quite as vigorous as before, because their wounds heal very
rapidly. I have often found shot in the skin.
23. Q. What is your opinion of the proportion ol females to males killed during
the last hunting season ? — A. Last year, oul of my catch of 7G5, I had only 18
females carrying young — not quite 2J per cent. Of course, as in other seasons'
catches, we had a nundier of barren cows — about the usual run, 10 per cent., and 12^
per cent, of grey |)ups. These grey pups are always bulls, and one year old.
24. Q. Your catch, then, woidd be about 75 per cent, of males last season ? —
A. Yes, Sir; including the yearlings it was more than 75 percent.
25. Q. You say grey pups are always males; will you explain this ?— i4. The
Indians called my attention to this fact years ago, but the reason is not quite known,
still it is a fact. I have observed very closely, and have never yet seen a female
grey pup one year old. I try to account for this by the supposition that the yearling
grey male pups arc driven early out of Behring's Sea by the old bulls.
20. Q. Last year, did you hear any remarks about the number or proportion of the
males lo females caught, from any one or any source? — A. Yes, Sir; I heard that
a much larger percentage of males were caught last year than in any former ye-ir.
27. Q. I would ask you, Captain Petit, if in any former years there was a similar
preponderance of males — (lo you remember of any such fact? — A. Yes, I do. In
1880, when off Barclay Sound, in one day we had taken 104 seals, of which 3
only were females. In the following year, 1887, when off Portlock Bank, we took
79 in one day, and only 2 females were found in that number.
28. Q. How do seal cows travel? Singly or in pairs? — A. They travel singly
or in pairs.
2'J. Q. How do bulls travel ? — A. They travel in bands, as do also the bull pups.
They travel singly too.
30. Q. Are female seals carrying young very timid? — A. Yes, Sir; they are.
They sink their bodies so that nothing but their noses and eyes are out of water,
and are therefore smaller marks for the hunters.
31. Q. Barren cows travel with bulls, do they? — A. Yes, Sir; barren cows
usually travel with the bulls.
.32. Q. Are there any months in the year during which there are more females
than males killed ? Any particular time that you have observed ? — A. No, Sir.
33. Q. It it your candid opinion that there are more barren cows killed than
seal-bearing cows? — A. Yes, Sir; I think there are more.
34. Q. Do these barren cows, from the knowledge vou have of seals — do you
think that they ever become bearing? — A. I think they do.
35. Q. That they will have periods of bearing? — A. I don't think that a seal
will bear before she is 4 years old.
36. Q. How long does a seal carry her young?— .^4. It is understood to be
eleven months.
37. Q. Were there any circumstances occurred to you upon your last voyage
which would indicate a marked decrease in the number of seals ? — A. None what-
ever, Sir. On the contrary, I should say there were more. There seemed to be
more last year, at least we saw more that year than for several years previously.
38. Q. In your observation as to the habits of the seals, they appear to be like
the salmon — that they return from no known cause in larger numbers ? — Well, I
don't know, Sir ; 1 think that they have their annual migrations ; but there is question
whether they follow the same track every year. You will find them on somv
grounds one year, and in other years on other grounds.
«p
n favour ol
uld not get
have never
r some time
15 feet, they
illy ciiscubs
n such loss
temcnt that
nly do ; but
hey are not
Is heal very
{illed during
had only 18
;hcr seasons'
ent.,and 12^
.r old.
jt season ? —
is?— J. The
quite known,
leen a female
, the yearling
portion of the
I heard that
'ormcr ye.\r.
was a similar
'cs, I do. In
of which 3
lank, wc took
travel singly
[he bull pups.
ir; they are.
out of water,
barren cows
more females
No, Sir.
vs killed tlian
icals— do you
ik that a seal
srstood to be
ir last voyage
I. None what-
secmeil to be
jreviously.
)ear to be like
ers ?— Well, I
ere is question
hein on somv
171
39. Q. Po vou think that the number of female seals killed in the hunt in
iiiatcrially injurfng thu reproduction of seals':' — A. \o, Sir.
to. Q. Can you give a reason for that ? — A. Kroni the small percentage ( f
females killed, 1 don't think it would injure reproduction in any way.
H. Q. Were vou in Beliring'sSea last year, and were you ordered out ? — A. And
was ordered out by the United States' ship " Corwin."
-Ji'. Q. Ik'fore being ordered out, what was your usual lisliinfr distance from
land ?—A. 00 to 100 miles.
(3. Q. You found steals all along that distance from land? — A. Yes, in large
numbers.
ii. Q. You had the prospects of a fair catch ? — A. Yes, Sir ; I ha I the prospects
of a very fair catcii up to the time 1 was warned ?
^5. Q. You consider it a very material loss, being warned at the time out of
Behring's Sea > — A, I do. Sir ; 1 consider it a very heavy loss.
40. Q. You still adhere to tha statement that the seals lietween CO and 100
miles from land were as plentiful as in any previous years in your experience ? —
A. As plentiful as they were in any year since I88(J.
47. Q. Did you observe in your catch in Ilehring's Sea any preponderance of
females over males, or rice vcmd ?—A. Yes, Sir ; the males were in excess.
"18. Q. Can you state from recollection an average day's hunt in Behring's
Sea ? — A. Forty-eight was about the largest I nuule while in Behring's Sea.
49. Q. Do you remember hearing any of the hunters speak of losing any seals
by sinking ? — A. No, Sir ; I don't remember any instances of such loss.
oO. Q. Did you cross from tlie American side of the Behring's Sea into the
Russian side V — A. No, I didn't, I came straight home to Victoria through Ounimak
Pass.
51. Q. During the year, did you hear from any source that any Canadian vessels
had raided the seal islands or any of them? — A. No, Sir; I never heard of any
British or Canadian vessels, not during the past year, or any year I have been
engaged in sealing.
52. Q. Captain Petit, <lo you believe anv of the stories that are told about the
"Geo. R. White," the " Daniel Webster," and the " Mollie Adams" raiding these
islands? — A. Yes, Sir ; I believe those reports.
53. Q. These were all American vessels, were they iu)t .' — A. Yes, Sir.
54. Q. Durmg the last two years it is reported that the American schooners
" J. Hamilton Lewis," formerly the British schooner " Aula," and the " City of San
Diego," raided the Copper Islands? — A, Yes, Sir.
53. Q. Do you believe that is true? — A. 1 do. Sir; and also in 1886 or 1887,
the American schooner "Look-out," raided the Pribyloff Islands, so that the
history of raiding the seal islands is peculiarly American, and solely by American
schooners.
66. Q. Was not the British schooner " Aula" seized by the American Clovern-
ment and sold ? — A. Yes, Sir. In 1887, and renamed the "J. Hamilton Lewis."
57. Q. Is not this same vessel, the "J. Hamilton Lewis," the same vessel as
was seized by the Russians tiiis year, in the vicinity of Copper Island ? — A. Yes,
Sir ; and served her right too.
58. Q. If any of the Canadian vessels had raided either the American or Russian
seal iblands, your long experience in the sealing fleet here would have insured your
being aware of it? — A. Yes, Sir; I should certainly have heard of it — learned
it from hunters, masters, or seamen. It wouUl have been sure to have leaked out.
50. Q. Is it your opinion thai ship-masters or ship-owners have been most
careful in instructing their masters or captains to avoid any interference what-
ever with the seal islands ? — A. I have served with dilferent owners, and I have
been instructed to carefully avoid approaching the islands within the international
limit In fact, all the sealing 1 have conducted has been done outside at least of
the 20 miles from land.
Mr. Milne. — That will do. Captain Petit, Thank vou very much.
(Signed) WILLIAlil PETIT, Master.
1892.
Sworn to before me, at Victoria, British Columbia, this 23rd day of January,
(Signed) A. R. Miln£,
Collector of Customs.
[572]
Z 2
172
Before A. R. Milne, Collector of Ctuioms, Vlcloriii, B.C., January 22, 1S92.
Captain Wentwortli Kvcljii Daker, prusont inaHtcr of the Cunariiaii Hchooner
"C. H. Tup|)cr," and Ibrmerly master ol tlu' schooner "Viva," of Victoria, bein{|^
duly Hworn : —
1. ^fr. Milne. — IIuw many years liave you been eiigaf^cti in sealing, Captian
Baker ? — A. Kour years.
2. Q. What Canadian scliooncrs have you commanded <luring those four
years? — A. The schooner "Viva."
3. Q. During the four years have you l)cen more than reasonably successful as
a seal-hunter ? — A. Yes, Sir.
4. Q. How many white men would your vessel Hsuallv carry ?—il. Twenty-three,
all told.
.'). Q. Vou have huntrri all along the coast, and also every year in Behring's
Sea? — A. Kvery year except 1801. Dunng last year I was always outside of the
line of demarcation t)etv\een Russian and American waters.
6. Q. During last year, lo your observation, were seals as plentiful along the
coast to Shumagin Islands as they were the year before ? — A. In some places I
found them as plentiful; in others I found them more plentiful. In some places
where 1 never found any before I found them last year, and I found none where I
had previously found some.
7. Q. Then, Captain Baker, you think there is no material dilTerence, on the
average, during the four years? That is to your observation ? — A. I should say, to
my observation, there was no material dilTurence.
8. Q. Your coast catch last year was ecpial to that of former years, was it ? —
A. It was equal to the first two years, and better than the third year by almost us
many more skins, having 608 skins in 1800, and in .\S01 I hud 1,200 skins.
9. Q. Owing to the number «)f vessels, do the sf.ils appear to be more timorous ?
— A. Well, 1 did not lind them so, cxccnt in soivic places. It is a great deal owing
to the position in which you find them. I found Jiat the nearer the coast the
wilder they are, and the further a', sea you go they don't seem to be any wilder
than previously. I think that what makes them wilder along the coast is the
increase of traffic, steamers and so on being very numerous.
10. Q. It it said that seal travel in groups of females and groups of bachelor
bulls and young bulls — not mixod. Is that so? — A. 1 have always found it so.
11. Q. So you think that the number of male or female seals caught would
depend entirely upon the schooner falling in with groups of males or females?
—A. Entirely.
12. Q. How is that ? — A. It is much harder to keep the run of females than
of the males or barren cows. Females with young appear to be much more timid,
and when you get among them and commence shooting, tliey disappear very
quickly, and show only the nose and eyes above water when travelling, and do not
expose their Imdics as much above the water us the bulls and barren cows do, as
if the maternal instinct to preserve their young was apparent. This fact is well
known to all seal-hunters. I have often been in a group of cows with pups during
the afternoon, and at night they would all disappear, and, apparently from materna
instinct, they will travel away as quickly as possible.
13. Q. Do you consider it more diflicult to shool females, so little exposed
as they are, than males? — A. It is decidedly more difficult, particularly on the
coast.
14. Q. You have observed a number of barren females? — A. Yes ; quite a [? ].
16. Q. How do they travel ?—^. Usually by themselves, or mixed with bulls;
I have never found a cow with pups among the bulls.
16. Q. Have you any idea what the percentage would be of the number of
barren cows to the number of seals caught? — A. I could not say exactly, but the
percentage is considerable.
17. Q. What is the accepted theory among the sealers as to the barrenness of
cows ? — A. I don't know as I have heard of any theory — unless they are like
other animals.
18. Q. When you speak of barren cows, you mean those who have been more
than one season barren ? — A. Yes ; because before that they are called pups. The
barren cows'are those who are old enough to have pups, but didn't.
IB. Q. You are quite of a clear opinion then, Captain Baker, that there is
a considerable percentage of barren cows ? — A. Yes, Sir.
178
IS92.
in schooner
!t(>ria, being
ng, Captian
those four
iiiccessrul aa
wenty-thrce,
in Bchring's
itside of the
ul along the
3inc places I
some places
one where I
rence, on the
hoiikl say, to
rs, was it ? —
by almost us
ins.
trc timorous ?
it deal owing
he coast the
e any wilder
coast is the
s of bachelor
ind it so.
c*aught would
I or females 'r
females than
more timid,
sappear very
g, and do not
in cows do, as
I fact is well
1 pups during
rem materna
little exposed
ularly on the
; quite a [?].
id with bulls ;
ie number of
actly, but the
barrenness of
they are like
ive been more
;d pups. The
that there is
SO, Q. Are there more seals shot whilht sleeping than in motion? — A. Yes,
Sir; my experience has been that there arc more seals shot whilst sleeping, and that
is the experience of most of my hunters, by their report.
21. Q. What do you consider the vital part of a seal? — A. The head or the
heart, or in the neck.
22. Q. Do your hunters prefer to shoot the seal in the head ? — A. Yes, Sir; on
account of preserving the skin, and also that, the moment the seal is shot in
the head, the head sinks and the wind cannot escape. Then, if the seal is not
killed, the shot will stun it, and its head will drop below water, so that it
cannot sink.
23. Q. What is usually a safe shooting dist.inco? — A. For sleeping seals
the distance would k)e about 10 yards, and for travelling seals the distance would
be about 10 to 30 yards.
24. Q. Considering that the seals are shot in the head, and the greater portion
whilst sleeping, will you state the proportion of seals lost, as compared with those
hit, in sealing? — A. The proportion is very small, because, as the usual distance
for shooting is about 10 yards for a sleeping seal, we most always kill them instantly,
and being so near the seal — even if they are inclined to sink — they are gaffed
before they have time to sink. If they even did sink 16 feet, say, we could catch
them, as when sinking they go very slowly. The only time I know of when a seal
is likely to sink is after it has been chased around in the boats and winded, then
shot again, so as to be thrown backwards, allowing the wind to escape from
its mouth, when it sinks tail first. P^very boat is supplied with a long pole, about
15 feet, and a spear and gntf on the end, so that we can .'eaci> n ^t distance. It is
very seldom that a seal will get away. I would say, therei v from personal
experience, that the percentage of loss, as compared with those hit in sealing, would
not exceed 'A per cent. Last year I killed, myself, on the coast, lilty-five seals, and
out of that number I lost only one by sinking.
25. Q, As a general thing, is the percentage of loss Uiore now than it was four
years ago, or is it >;maller? — A. From personal experience, I think about the same,
and from the rcj;orts of the hunters 1 should judge it was the sa'-ic, us thoy all report
their «»vperiences on their reiiirn to the vessel each night, and when a seal is lost it
is alwuys spoken about. From a record kept by hunters during two voyages the
aggregate loss by each hunter is shown, and the percentage is not greater, on an
average, than 3 per cent.
20. Q. How many hunters do you usually carry? — A. Six; and I hunted
myself. The ship's company consists of twenty-three persons.
27. Q. What size shot do you use in shooting seal ? — A. No. 2 buck-shot, or
" S " Canadian shot ; and the guns are of the very best material and very expen-
sive, costing from 70 to 100 dollars.
28. Q. What do you think is the proportion of females to males in the number
killed in the different months of the fishing season ? — A. I don't know, I am sure.
It depends upon circumstances. My experience last year was very largely on the
bull side on the coast ; that is, tiie proportion taken were largely male seals. I can
conscientiously say that it must have been three bulls to one female, and 1 had a larger
number of seals than any other vessel on the spring catch.
29. Q. In the Behring's Sea, to your observation, were the males or females in
the preponderance? — A. My experience is that they are very much as they are on
the coast. Sometimes I would meet with groups of all bulls, and again with groups
of all cows.
30. Q. While in Behring's Sea last year, what would be your usual sealing
distance from the land ? — A. I was not in Behring's Sea last year, but in previous
years it would be from about 30 to 90 miles from land. Tlie usual distance is about
60 miles. Sometimes vvc arc inside of that, sometimes outside of it.
31. Q. Last year, 1 understand you to say, Captain Baker, yon were not in the
Behring's Sea on the American side ? — A. No.
32. Q. Do I understand you to say that on the Russian side the same obaerva-
tions will apply to the habits and shooting of seal as on the coast ? — A. Precisely
the same as to their grouping and habits.
33. Q. During the four years that you have been sealing. Captain Baker, I
would like you to state explicitly if you saw or heard oi tny Canadian vessels
raiding the American seal islands? — A. No, Sir. To my knowledge I have never
heard of any, and I have every reason to believe that there has never been any
Canadiaa schooner raiding any of them.
.-Di
,1
,1
I: ' i
ijij
174
34. Q. If anything like this had happened, you would have heard of it ? —
A. Most certainly 1 would have.
35. Q. You have never heard any itilnrmation of any of our scalers conniving
to raid the seal islands ? — A. I never (lid.
36. Q. Two years ag'- it was re[)ortc(l that some American schooners had
raided seal islands. Did )ou hear such a report? — A. Yes. Sir; I heard a report
that certain American schooners had raided these islands. The "Geo. R. White,"
"Daniel Webster," " Mollie Adams," and I'or two years the "J. Hamilton Lewis,"
have l)cen raiding the Copper Islands on the Russian side, and it is reported tluit the
American schooner " City of San Diego " also raided the Copper Islands last
year.
.'H. Q. You have heard of the German schooner " Adele " raiding these
islands ? — A. Yes ; in 1889, with poor success. These illegal acts meet with tiie
strong disapprobation of every Canadian sealer.
38. Q. And if Canadian sealers had done acts of that kind, you think it would
most certainly have leaked out? — A. It most certainly would have.
39. Q. You are quite satisfied, then, tliat not a single Canadian schooner at any
time has raided the seal islands? — A. Not to my knowledge. I don't know of one
single case.
40. Q. What was your entire catch last season? — A. 1,991 for the whole
season.
'J-1. Q. Giving your opinion in confidence, what is your opinion of the seals on
the coast and in liehring's Sea? Are they decreasing or increasing? — A. From mv
experience, I have not seen any decrease, but I have noticed also that they change
their grounds from time to time, and where you find thcni this year you niay not
find them the next. This was very remarkable during the year 1890, for the seals
were all found to the eastward of Pribylolf Islands, while in former years they were
found to the westward.
42. Q. When did you tind them to the eastward of St. Paul's Island ? I inuicr-
stand you to say that you found them very numerous '. — A. ^lore so than I ever did
before.
43. Q. Have you any opinion to offer as to the return of the seals to the coast
last year?—/!. I have no direct opinion, but certainly the seals were more plentiful
on the northern coast last vear tiian tlie previous years.
(Signed) W. E. BAKEK, Matter.
892
Sworn to before me, at Victoria, British Columbia, this 2 nd day of January,
(Signed) A. R. Milne,
Collector of Customs.
January 19, 1892.
Clarence Nelson Cox, master of the schooner " E. B. Marvin," of Victoria,
examined by Collector Milne : —
1. Q. W'hat vessels have you commanded on this coast and in Behring's Sea,
artain Cox ? — A. 1 have been two years master of the " Triumph," and one year
mate of tlio "Sapphire" with my brother.
2. Q. Tliis makes your fifth or sixth year ? — A. This makes my fourth year. I
was in Behring's Sea so late last year ; that is probably why it may seem 1 have
been out oftener than others.
3. Q. The inquiry. Captain Cox, is to elicit, first, the number of seals lost by
being hit. It is alleged that you lose a large proportion of those that are shot, and
we wish to get at the facts. Also to establisli the number of females caught during
tha last and previous years, and also to investigate if there were any Canadian
sealers raiding the seal islands. In the spring; of the year, when you leave port,
you go down to meet the seals along the coast ? — A. Yes.
4. Q. I have been given to understand that the seals travel in bands? — A. Yes;
all the cows together, and all the bulls together, and the grey pups together.
5. Q. I suppose they are quite distinctly separated ? — A. Yes ; we get the grey
pups closer to shore, always inside of the large seals.
6. Q. As a matter of fact, you do not tind many female seals bearing youog
17B
travelling with the biiM seals ? — A. I liave never seen them in company together. I
have found the barren cows and bulls in company.
7. Q. This separation is from natural selection, or instinct? — A. Yes; while
carrvinj; their young- they are never found witli the bulls. The barren cows
occasionally dc travel with the bulls.
8. Q. During wiiat montlis have you found more females carrying young aH
compared with other months ol the scaling season ? — A. In the winter, when we first
go out — February, Marcii, ami April.
'.). Q. That is, both bearing- cows and barren cows too? — A. No; bearing cows.
There are also grey pups about at that lime.
10. y. What do you mean by "grey pups"? — A, The yearling seal. After
that it is called a "brown pup," then a " lAvo-year-old."
11. Q. Along the coast,, from the time you strike tlicin in the spring, do you
shoot the larger proportion of tlie seals sleeping, or are there more shot while
travelling? — A. Yes; the larger portion of tlic seals killed during the season are
shot while sleeping.
12. Q. You say you find the bearing cows travelling continually? — A. If the
weather is rough, they are travelling, l>ut if line, they are usually seen sleeping or
resting.
13. Q. Is it a fact that the females with young swim low down in the water? —
A. Yes ; the l)ulls and barren cows keeji their heads well up, looking aniiind.
14. Q. Wlien you conic ujion a group of seals, y )ur catch, then, will depend
upon whether the grou)) is composed of males or i'oniales? — ,1. Yes ; very much.
I.'). Q. As a matter of experience, Ca|)tain Cox, have you come upon more
groups of males than of females during the last year, say ? — A. I have caught more
bulls the last season — a great deal more. I had 848 seals coming up the coast
before entering Behring's Sea, and of these about 7"> per cent, would he males.
10. Q. Have you any private opinion as to the reasin of this preponderance of
the males last year as compared with previous years? — A. I cannot account for it.
In fact, 1 could liardly advance any idea of the cause. I get the most of them from
Quuen Charlotte Island coast northwards.
17. Q. You think, though, with some of the other sealers, that at about May
the cows are well in advance, going to Behring's Sea, to the breeding grounds,
consequently the males would be left behind ? — A. That is the oidy reason I can see
for it, because we get very tew females " with pup " in May.
18. Q. What do you consider a sufficient shooting distance, that is sufficiently
close range, for sleeping seals?— /I. A great many are shot inside of 15 yards. I
think about ]') yards.
19. Q. As a professional sealer, what is your honest and candid opinion about
the percentage of seals lost, that is, the number lost after being hit — those that
sink ? — A. With the Indian hunters it would not amount to one in a hundred. They
kill with the spear, and I know it would not amount to 1 per cent. I was only one
season with Indian hunters. Last year I had whites. I do not think the loss would
be more than 4 or 5 per cent, with shooting by the white hunters.
20. Q. Tiie spear of the hulian sealer is barbed, is it not, and fastens in the
animal ? — A. Yes, it has two barbs, and a line attached, so that they are sure
of their seal unless their line breaks, or the spear is not stuck in far enough to hold,
neither of which happens often.
21. Q. .You can quite confidently state that the loss of seals killed by white
nunters would not exceed \ or 5 per cent.? — A. I can.
22. Q. This you base upon your own personal knowledge? — A. Yes.
23. Q. How many of a crew do you carry on your vessel ?^/.(. Six boats, that
18, six hunting boats, and a stern boat, seven in all.
24. Q. Your ship's company would be how many ? — A. Twenty-three men.
25. C^. And the number of hunters ? — A. Six hunters, or, counting the stern boat,
seven hunters.
2G. Q, Your catch last year was how many skins? — A. On the coast, 848
skins.
27. Q. Of that number, how many would be breeding seals? — A. I do not
think there would be more than 1.5 per cent. — about 126 female skins,
28. Q. What percentage of them would be barren female skins? — A. About 10
per ceiit.
29. Q. Is the percentage of bearing cows greater than of barren cows ? — A. Yes ;
every year in my experience there have been more bearing cows than barren.
■1
176
80. Q. About 15 per cent., then, would be bearing cows, and 10 per cent, barren
ones? — A. Yes.
31. Q. — You stated that it would entirely depend upon the i^roups you struck
along the coast whether you got males or females ? — A. Yes.
32. Q. And you base your figures upon four years' experience ? — A. Yes,
83. Q. Then you know the percentage of bearing cows would be 16 per cent., and
the barren cows 10 per cent. ?— ^. Yes. The first yeir I was with my brother I
believe we had not more than 10 per cent, of cow seals ; one of nur seasons we had
at least 90 per cent, bulls.
34. Q. That statement applies to Behring's Sea? — A. Yes.
35. Q. What year was that? — A. 1889, when 1 was with my brother as mate
of the "Sapphire." The catch on the coast up to Behring's Sea was about 90 per
cent, bulls.
36. Q. In the Behring's Sea, what percentage of females had you, as compared
with males — I am told there arc less bulls ? — A. I think the percentage of bulls in
Behring's Sea is less than on the coast.
37. Q. Bachelor bulls? — A. Yes. The greater percentas^e would be cows —
bearing cows; after thev have dropped their young we don't get them in Behring's
Sea.
38. Q. Do you not find a lot of bachelor bulls hovering about the outskirts of
the groups of seals ? — A, Yes, we get some, but there are more females in
Behring's Sea.
39. Q. Did you find it so last year ? — A. Of course I was not in Behring's Sea
long enough to know.
40. Q. Your remarks, then, would not apply to last season ? — A. No.
41. Q. You think there would be about an equal number of cows and bulls
in Behring's Sea?— ^. Yes; I think that the lulls and cows are about equsUy
divided.
42. Q. It is well known among sealers that the old bulls keep their herds, and
drive the " bachelor" bulls oflP? — A. Yes.
43. Q. Do you find many groups of bachelor bulls in Behring's Sea ? — A. We
do not find them so much in groups as on the coast.
44. Q. Taking your whole catch for the past year, skin for skin, what percentage
of females had you ? — A. We had not more than 25 per cent, barren and bearing
cows. That would leave us about 75 per cent, bulls.
45. Q. 25 per cent, females, including barren cows? — A. Yes.
46. Q. In the years before last would that percentage hold good ? — A. I think
the previous years would not differ very much.
47. Q. In the months of February, March, and April you think that the females
killed are more numerous than in Behring's Sea? — A. I think so. We get a great
many more grey pups in the winter.
48. Q. Among all the hunters it is pretty well known that the average of loss
by being hit would not exceed 3^ to 5 per cent. ? — A. Yes ; that is well known.
49. Q. Wounding a seal so it escapes, you don't .-onsider that lost? — A. No;
they carry a lot of shot, and the hunters don't just shoot at it and leave it if it does
not die on the spot, but give chase, and if wounded badly it has not much chance
of getting away.
50. Q. Considering the hazardous occupation of sealing, the men get very
expert in it? — A. Yes; I have a man aboard who does not lose five Seals during
the whole season.
51. Q. Is it your opinion that the female seals with young are somewhat timid,
and more on the alert than the old bulls ? — A. Yes ; they are.
52. Q. That is one reason why the percentage of females is so small, I
suppose ? — A. Yes.
53. Q. In Behring's Sea you say the percentage of loss would be more than on
the coast? — A. I think the percentage of loss in Behring's Sea is less than on the
coast, because the sealers get more seals asleep in the sea. They seem to be right
at home there, and not travelling about so much.
54. Q. Have you at any time known any of our vessels (that is, Canadian
vessels), registered Canadian vessels, landing on the seal islands for the purpose of
raiding and killing seals ? — A. I can conscientiously say that I have never known of
any of our vessels landing there.
55. Q. And have never heard our masters or sailors encourage that sort of
practice? — A. No.
it. barren
au struck
'es.
cent., and
brother I
ns we had
r as mate
out 90 per
compared
nf bulls in
je cows —
1 Behring's
utskirts of
'emales in
jring's Sea
! and bulls
»ut equsUy
herds, and
i?—^. We
percentage
id bearing
■A. I think
the females
get a great
age of loss
nown,
v_j. No;
it if it does
uch chance
n get very
eals during
what timid,
3o small, I
lore than on
than on the
to be right
, Canadian
B purpose of
er known of
that sort of
177
5G. Q. Have you heard of any vessel having done so? — 4. Yes; I have.
67. Q. What vessels?— y<. The " Mollie Adams," « George R. White," and the
"O. S. Fowler," of San Francisco, I heard, raided the Pribyloff Islands.
58. Q. That fact is well known to the whole Heet ? — A. Yes, Sir.
You were not in Behring's Sea last season ? — A. 1 was in, but didn't
I was ordered out of it.
You left as soon as ordered to leave ? — A. I did ; came direct home.
Who warned you ?— A. The British steamer " Pheasant."
You didn't try to seal after that ? — A. No.
Or lowered your boats ? — A. I didn't lower any boats after receiving
50. Q.
stay long ;
60. Q.
61. Q.
62. Q.
63. Q.
the order.
G4. Q.
A. I have.
65. Q.
You have heard of some American schooners raiding Copper Island ? —
Do you know the McLean brothers? — A, Yes; and the " City of San
Diego" here, and the "Webster" and "J. Hamilton Lewis," three American vessels
who raided Copper Island.
66. Q. You have no idea of why the seals were more plentiful along the coast
last year than other seasons ?-—A. I have no idea.
67. Q. There hns been no practical theory advanced as to why last year the
seals were more plentiful close in shore than in other years ? — A. I have none,
except that it is on account of their food fish. The seal follows the food. The
earlier those fish strike along the coast, and the closer in shore, the earlier and
closer to the coast we get the seals.
(Signed) 0. N. COX.
Sworn before me, this 18th day of January, a.d.
(Signed) A. R. Milne,
Collector of Customs.
1892.
Captain Alfred Bissett, master of the Canadian schooner "Annie E. Paint," of
Victoria, British Columbia, being duly sworn, says : —
20. Mr. Milne. — How many years have you been engaged in sealing ? — A. Two
years; this is my third year — have been master, mate, and hunter.
21. Q. You have had about average luck ? — A. Yes, about the average.
22. Q. You have followed the seals from south of Cape Flattery north, haven't
you ? — A. Yes, Sir.
23. Q. During last year, to your observation, were the seals as plentiful along
the coasts as they were the previous years ?—A. They were.
24. Q. Did the seals appear more frightened than usual ? — A. I think not ; I
noticed no difference.
25. Q. Did you notice last year, or any year, in hunting seals, that the cows
travel together by themselves, and the bulls by themselves, in herds ? — A. I did
notice that the bulls, in u general way, travel together, and the cows together, and
small seals, as a rule, pups, travel together.
26. Q. When hunting, of course, if you struck a band of bulls, the catch that
day Mould be principally bulls? — A. Yes ; principally bulls.
27. Q. Do you think more seals are shot while sleeping than when in motion ? —
A. Oh, yes ; far more, about 80 per cent., I think.
28. Q. What do you consider a safe shooting distance for a sleeping seal ?—
A. For a sleeping seal about 20 to 30 feet is a sure distance.
29. Q. And when they are on the move, what is the distance? — A. Well, from
25 to 30 yards.
30. Q. What is your opinion of the proportion of seals that are lost after
being hit ? — A. I think from 3 to 5 per cent, would cover everything.
31. Q. Where do you aim for, in shooting a seal ? — A. I aim for the head.
So when a sea! drops his head down, the air is stopped from escaping ?
that is the reason we shoot in the head.
During last year did you notice the proportion of females to males
From counting the skins, and noticing the seals coming on board the
thip, I should form 75 to 80 per cent, were bulls, and the remainder females.
[672] 2 A ..J
32. Q.
Yes;
33. Q.
killed ?—A
—A.
■ff
B
17*'
.'Ml Q. Ila ymii kii«ow> the reason' of. that ? — Ai 1 1 don't' know, unlMH tlio fows
travel a little rA«(er' than the hulls, wlin roilow tlio coaitt. [ have nLwayBiioticnil.
thnt tliern are luorc IimIIh killocl on tho const tliati tlieroare remalos-
'M>. Q. Have you ovor noticed wlien tlie ruimlier oP Ibnialos tirodoniinate ? —
A. 1 hanily know, hut I have noticed that during the inonihH of March and A|iril
that (here wero ninro cows tlum niulei* in the niontim oi May, June, and .lidy.
JIG. Q. Oan you form any idea, I'rom what you have heui'd, wlicthor tlurrc are
more rcniales killed than males? — A. I Hhoidd Huy that thare are dtwidttdly mon!
males. That is from what I have heard and suen myH«ir. There in no douht. that
the low |)rice ohtained in liondon this year is due to the lar^^n niuuher of Hmuil l)ull
skiuH taken, the skins ol' tho ieniales^ l)einfj^ larger and hettvr.
;{S. Q. Diuing the two years that you have hecn engaged in sealing have you
o\'pr known any ('anutlian vessel to rniil any of the seal isiandH? — A. No, Sir.
nn. Q. It' there had hoen any such thing going on, it would have leake<i out r —
A. Il would certainly have leaked out, aiul I would have heard of it. It is almost
im|M)ssihle to keep it (|uict.
(The ahove having heen carefidly retui ovor to ('uptain Uissett, he eorrol)oratt.s>
and siiltNtantiatcH the same.)
(Signed) AJil'llIil) lilSSIiTT.
185)1:
Sworn hoforo infi at Victorin, Uritish Colunihia« thtslSdi d&v<>l N'ovemhvr [sir],.
(Signed) Aj. R. AfiLNi;,
Collpclor of Cuslomy.
January ll», 1892.
(.^iptain Theodore M. Mngnesen, in command of the schooner "Walter A.
Karl," of Victoria, examiiu'd hy ('ollect«)r Milne: —
1. Q. Mow many )'ear» have you Imoii scaling in Dehring's Sea, Captain
Magncscn ? — ./. Three years; thiawill ' i» my fourth.
2. Q. Yon have had very gixnl huccohs last year 'f — A. Yen, very fair sticcoss.
',]. Q. Did you notice last year any iierceptiblc decrease iu the nunther of se.-ds
compared with previous years 'i* — A. I think they wero: mure plentiful laal .season
than I ever saw them heforc.
I. Q. Do you mean in Hehring's Sea? — A. Yes, both along the coast and in the
Son. The hi8;;grat catch 1 have ever made was last year, on tlie coast. as well as in
the Mehring's 8ea.
5. y. Y<ni have notii.'cd the habits of the seals — how they travel? — J,. They
travel in batches, the bull seals by themselves, and the cow seals hy themselves,
an«i tho yearling pups by themselves.
6. Q. As a matter of fact, are there more seals shot while sleeping than while
thev are travelling? — A. That is hard to say, but 1 think there arc just ns manv
shot while moving as there are sleeping seals.
7. Q, \Vhcn yon shoot seals hy sleeping, what is tho safe. shouting distance? —
A. About 25 yards.
S. Q, And when travelling ? — A> About 4u to 50 yards.
0. Q. The usual mark you shoot at is tiio head of the seal ? — A. Yes.
10. Q. When hit in the head, tho seal docs not sink? — A. No; sometimes ho
does, though, if he is shot when short of wind at the moment, and he will sink if
vou are too far away to pull it out.
II. Q. You have noticed them sinking? — A. Y'es; they generally sink tai.
first.
12. Q. If the seal it^ shot in the head, he drops his head, and that conlincs the
breast, and it floats? — A. Yes, that is tho way I have accounted for them floating.
13. Q. How many seals, in your experience, do you think a hunter loses out ui\
say, 100 sliot at? — A. I know my head hunter killed 408 seals last yeai-, and 17 of.
them sunk.
14. Q. That would be about 34 per cent. ? — A. Yes.
Id. Q. Do vou consider that a fair average on the number of scals: lost ? — ^^^.-Ab.
an experienced hunter, I think it is a fair average.
170
,|lU fOWH
B niiticml.
iiwito ? —
itui April
V-
Lluirc iuo
(dly more
niti>t. dial
imttil l)ull
luivi' you
Sir.
•(I «iit 'r —
is alnutsl
rrnhoruUH
iil>er [.viVj,
Walter A.
X, Cai)luin
SllfCOSS,
or of aeals
.■uil sunsoi)
nnci ill liic
well as ill
— /l.Tliey
hciuselves,
than wliilo
stna many
iataiicc f —
netiines ho
will sink if
' sink tai>
onUaos tlio
floating-.
3ses out ()!',
, and 17 ol'
ist I — A^Aa.
iO. Q. Wnnltl you nay that a man who loses, say, 5 per cent, or the seal
he Hhoots would not ho an experienced hunter? — A. lie could not lose more thaa
that.
17. Q. Will that perccntap^o of loss n|)ply to the travelling scalii as well as to
the sleeping seals ? — A. Yes, the most of the seiils lost arc the ones shot by the ones
inoviiiK or travelling.
18. Q. Your boats carry pole, spear, and gaff? — A. Yes j and if the seal sinks
down 10 nr \'j feet thoy are easily recovered.
I!). Q. Jf you were on your oath, now, and heard any one say that for every
seal that was killed, male or female, one was lost, you would say it was a misHtate-
ment'r' — A. Yes; tjiat is not so.
20. Q, If any one came here and said that for every seal you hit you killed
another seal ? — A. That is nonsense.
21 . Q. TJie highest percentage of loss, you say, would be .1 per cent, lor sinking
seals? — //. Yes; and I may say tiiat I have taken seals with shot in them, dropped
out wiien skinning, and they seemed as strong an<l liealtiiy as ever.
22. Q. Tluit is to say, that unless you slioot a seal in a vital part, the wound
heals (piickly ? — A. Yes; find unless you hit it hard tiie seal gets away.
2:5. Q. You have seen females with young? — A. No; I never .saw them
carrying their young in the water.
24. Q. Down the coast the seals are pretty well divided, are they not?—
A. Yes.
2"). Q. The cows travel by themselves, and the bulls by themselves? — A. Yes.
20. Q. Did you say that yon have caught more bull seals than cow seals during
the season ? — A. Y'cs, along the coast; but when 1 got up and u|) I got more bulls
than cows.
27. Q. What months have you seen more cows in proportion than other
numths ? — //. In February, March, and April.
2H. Q. Hut even when you see more cows the average of the seals killed is in
favour of the bulls, is it not? — A. No; it is about equal.
21). Q. You say the cows travel quicker tosvards the Bchring's Sea? — A, Yes;
when we get further up the cow seals seem to leave the bulls beiiind.
.'10. Q. Ilas^ it always been so? — A. Yes; I have got 181 seals in a day, and not
a cow amongst tliem, but you sometimca get one. I tliink the average is about one
in ninety.
31. Q. You always get more bulls than cows? — A. Yes, up there.
32. Q. How many out of every hundred seals you had on board your vessel last
year would be females? — A. I think fully a half of them would be cows.
33. Q. How many of them would be bearing cows, and how many of them
would be barren cows? — A. Of bearing cows, £ think about 18 or 20 per cent,
would he hearing cows. I do not think there would be so many as that. T had
2,000, and I think there would be only about 12 or H per cent, with pups; the
others would be what arc called barren cows, and a lot of them would be dry
cows.
34. Q. With the barren cows and the ones bearing young you say would make
up about half your catch ?— /I. Yes; about half and half.
35. Q. The proportion of males and females, though, depends upon the crowds
or groups you get into? — A. Yes ; it depends upon the band you strike.
30. Q. You never, at any time, had more females than males in any of your
I . ,es ? — A. No, never.
37. Q. While in Behring's Sea during the last four years had you ever heard
of any Canadian schooners "raiding" the PribylofP Islands? — A. No. I never
heard of any of my crew being engaged in such. Several of my crews told me of
the American scalers raiding them, but I never heard of a Canadian vessel
doing so.
38. Q. If you were bound to make a statement on your oath, you would
say you believed no Canadian vessels ever raided the PribylofT Islands for seals ? —
A. Not as far as I know.
39. Q. You believe, as a matter of fact, that the owners of Canadian sealers
and their masters have never countenanced this raiding ? — A. I believe that is the
feeling that prevails among them all.
40. Q. You have heard mentioned the names of the .\merican vessels that
raided those islands? — A. Yes; I heard of the " Mollie Adams" and "George
R. White," but not any others.
[572] 2 A 2
180
41. Q. You have not heard of any others ? — A. No; I have not heard of any
others.
42. Q. You have heard of vessels raiding the Copper Islands ? — A. Yes ;
1 have heard of the " Hamilton liCwis " and " Webster" raiding Copper Island.
43. Q. Those vessels you name are all American vessels ? — A. Yes.
44. Q. Manned by American crews ? — A, Yes.
45. Q. Have you any recollection or seeing any of those vessels in this
(Victoria) Harbour ? — A. No.
(Signed) THEO. M. MAGNESEN.
Sworn before me, this 23rd day of January, a.d. 1892.
(Signed) A. R. Milne,
Collector nf Customs.
Henry Crocker, hunter on board the schooner " Annie E. Paint," having been
sworn : —
65. Q. How long have you been engaged in sealing? — A. I have been hunting
won for three years ; this is my fourth.
66. Q. From your observation, do you think that the seals were as plentiful last
year as they were during the previous seasons? — A. Yes ; from what I saw of them
I am sure they were just as many as before.
67. Q. In what months do the female seals seem to be the most plentiful in the
sealing-grounds? — A, I believe that from February to May the females seem to
predominate in numbers ; that is, when the cows are getting heavier with young,
they make for the islands sooner than the bulls.
68. Q. Is it more difficult to shoot a female seal than it is a bull? — A. The
males arc ir;.,e easily killed than the females, owing to the inquisitiveness of the
males, and the females being more shy, and also as they move along the water with
only their nose visible.
69. Q. As an experienced hunter, what percentage of loss have you had by
seals sinking? — A. It is very rarely that a seal will sink. I have been a whole
season and have not had more than half a dozen sink during the whole season.
70. Q. Can you form any estimate of what your loss has been ? — A. I would
say not more than .S to 4 per cent.
71. Q. Was the loss last year more than in previous years? — A. I could see
no difference.
72. Q. As a reason for the small percentage of loss, you get very near the
seals before shooting ? — A. Yes, Sir; the usual distance is within about 20 feet to a
sleeping seal.
73. Q. If a man has a higher percentage of loss than that, he must be careless,
you think? — A. Yes, I should say so, and not a first-class hunter, for there is no
■lecessity for losing a seal.
74. Q. Does your percentage of loss agree with other hunters with whom you
have conversed ? — A. Yes.
75. Q. So that on the coast and in Behring's Sea the same percentage would
apply ? — A. Well, on the coast one does not very often sink a seal ; but in Behring's
Sea, if a cow, having delivered her pups, is shot, she will be more apt to sink, as
the blubber is very much thinner. But. on the whole, I think the percentage will
not be more than .3 or 1 per cent, of loss.
76. Q. H.ave you taken notice in hunting whether there are more females than
males, or the reverse, taken? — A. There is fully 80 per cent, of bull seals killed olf
the coast, as well as in I'eliring's Sea. I think the i-eason for this is that the
younger bulls are driven olf by the older ones, who guard their particular herds.
77. Q. In the three years you have been in Behring's Sea has it always been
your cvperience that there were more males caught than females ? And in what
proportion ? — A. I say about the same as this year ; I don't see any difference.
78. Q. Does your percentage of females taken agree with that of other hunters
with whom you have conversed ? — A. /es.
79. Q. As an experienced hunter, then, you adhere to the statement that for
heard of any
s?--A. Yes;
yer Island.
Bsels in this
LGNESEN.
" having been
been hunting
I plentiTuI last
I saw of them
ilcntiful in the
nales seem to
T with young,
)ull?— ^. The
iveness of the
he water with
e you had by
been a whole
e season.
' — A. I would
1. I could see
rery near the
ut 20 feet to a
st be careless,
jr there is no
ith whom you
entage would
t in Behring's
pt to sink, as
ercentage will
females than
eals killed off
is is that the
ular herds,
t always been
And in what
iPference.
other hunters
ment that for
the whole seasons' catches for the years you have been hunting, that the percentage
of seals caught will be about three males to one female?— ^4. Yes; about that.
80. Q. Do you include in that statement barren cows? — A. Yes.
81. Q. Have you any idea or reason of your own why the males come to
predominate so much ? — A. I thin!; it is because the females make for the islands
earlier than the young bulls and barren cows.
82. Q. Have you ever heard of any Canadian vessels raiding the seal
islands ? — A. No, Sir.
83. Q. You have never heard of any Canadian master or owner offering any
inducement to hunters to raid the islands? — A, No, Sir.
84. Q. There has never been any bonus offered you to raid the islands ?—
A. No, Sir; while in Behring's Sea we are always too anxious to get away from
th islands.
83. Q. If an/ Canadian vessels had raided the islands you would have likely
heard of it? — A. Yes I think it is impossible to keep it as quiet as that.
86. Q. You have t card of American vessels raiding the Copper and Pribyloff
Islands ? — A, I have heard it. I have known of the American vessels going into
Sand Point just after they had raided the islands, and I was in Sand Point when
one vessel was fitted out for the purpose of making a raid.
87. Q. The masters with whom you have sealed all seem to have avoided the
islands ? — A. Oh, yes ; they keep away from the islands between 60 and 100 miles.
(The foregoing having been read over to the said Henry Crocker, he corroborates
and substantiates the whole of the said statements.)
(Signed) HENRY CROCKER, Hunter.
1892.
Sworn to before me, at Victoria, British Columbia, this 18th day of January,
(Signed)
A. R. Milne,
Collector of Customs.
George Roberts, hunter on board the schooner " Annie E. Paint," being duly
sworn, says ; —
55. Q. How long have you been engaged as a sealer?—^. I have been at seal-
hunting for three years, one season as a hunter.
56. Q. Were the seals more plentiful last year than in previous years? —
A. They were just about the same as regards number.
57. Q. How do the seals generally travel — in mixed numbers, males and
females together? — A. The seals travel in bands of bulls and bands of cows, both
by themselves.
58. Q. What is the proportion of seals lost by sinking after being shot?—
A. Well, I should say that 3 to 6 per cent, would cover the whole loss. It is not
more.
59. Q. What is the distance you are off a seal when you shoot, generally?—
A, Well, from 20 to 30 feet for a s.eeper, and for a traveller from 25 to 30 feet.
60. Q. What part of the seal do you aim at? — A. I aim at the head, as the
best place, being the surest.
01. Q. Do you think there were any more female seals shot than males last
year ? — A. No ; I think there were more males shot ; in fact, I think that since
I have been engaged in the business there have been more males killed than
females.
G2. Q. What months have you noticed more females than males? — A. In the
months of March and April there are more females than at any other time.
There are more females killed during those months than there are any other
time.
63. Q. Have you ever heard of any of the Canadian vessels poaching ;)n the
seal islands? — A, I never did ; I would have heard of it if there had br;en any. I
have heard of the American raiders ; but I do not know of a single Canadian vessel
raiding a seal rookery.
i
182
6d. Q. If a seal is sinking, does it go quickly or slowly ? — A. IT it is not too
fur awny it can always be secured, as it does not go too (juickly to get it.
(The above having been read to the said George Uoberts, he corroborates and
substantiates all of the foregoing statements.)
(Signed) GEORGE ROBERTS, Hunter.
1892.
Sworn to before me at Victoria, British Columbia, this 1 8th day of January,
(Signed) A. R. Milne,
Collector of Ciutoms.
Riclmrd Thomson, hunter on board the schooner *' Annie E. Painter," being
duly sworn, says: —
40. Q. How long have you been engaged in sealing ? — A. I have been engaged
as a hunter for two years.
41. Q. Were the seals as plentiful last year as (hey were the previous year, to
your observation ?—W. Yes; 1 believe they were.
42. Q. Were the seals apparently harder to approach than they were in
previous years ? — A. No; I can't say that I saw any diflerence.
43. Q. How do the seals generally travel? — A. As a rule the bulls travel
separately, und quite a distance apart generally.
44. Q. What is your experience in hunting as to the number of seals lost
alter being hit ? — A. I should think from S to 5 per cent, would cover all.
45. Q. What is the usual manner in which seals are lost? — A. Well, if the
seal is in a certain position and shot so as to allow the air to escape, the seal will
be lost. As long as the head sinks below the water first, the seal will not sink.
They very rarely sink in any case.
46. Q. You carry a spear on a gaff, don't you ? — A. Yes ; it is carried to spear
the seals when they are going down.
47. Q. From your experience in sealing, you consider that from 3 to 5 per cent,
would cover the total loss of seals, after being shot, through sinking? — A. Yes.
48. Q. When you shoot a seal at a distance, and do not shoot them in a vital
part, they make o<T', do they ? — A. Yes.
4y. Q. You don't consider that lost, then • — A. No ; we don't consider the seal
lost unless it sinks.
50. Q. Have you handled more males than females during the past two years ?
-^ — A. I should say more males.
51. Q. Have you any idea of the proportion of males — would there be two males
to one female ? — A, I should say from 70 to 80 per cent., or about three males to
one female.
52. Q. In what months do you consider that there are most females killed r —
A. During the months of April and May. There are apparently more females,
but not as many as males.
53. Q. You have never known of any Canadian schooners raiding the seal
islands have you r — A. I have never heard of a Canadian, but I have of the
American.
54. Q. During the time that you have been to Bohring's Sea, you would have
heard of it P — A. I would certainly have heard of it.
55. Q. You have always sailed out of this port ? — A. Yes, Sir.
(The above having been read over to Richard Thomson, he corroborates and
substantiates the same.)
(Signed) R. THOMSON, /fun/er.
Sworn to at Victoria, British Columbia, before me, this 18th day of
January, 1892.
(Signed) A. R. Milne, • ;. ,.., ,,
Collector of Customs.
-Aj^' jiic^'^.C'iAiafr *. .
is not ton
orates and
, Hunter.
if January,
iter," being
en engaged
aus year, to
ey were in
bulls travel
if seals lost
1.
Well, if the
the seal will
vill not sink.
ried to spear
o 5 per cent.
A. Yes.
ein in a vital
lider the seal
t two years ?
be two males
rec males to
L's killed r —
ore lemales,
ing the seal
lave of the
1
would have
oborates and
N, Hunter.
8th day of
188
Victoria, BiC, January 2i, ^mi. " ,-. .' •
Andrew Laing, called and eocamined by Collector- A. R. Milne: —
11 Q. Yon are one of the oldest seal-hunters in the province, Mr, Liiing?-^/!. I
have been ten years at it.
2. Q. Yonr knowledge of sealing really goes beyond the present knowlcdftc of
the average sealer? — A. I have had as much experience as any of them ; 1 think I
know as much as any of them.
3. Q. Your observations on the west coast extend beyond tlio advent of the
scaling business in Behring's Sea ? — A. Yes. I went on the coast in 1871, nr.d Ikui-
been sealing with natives for the last twenty-ono years,
4. Q. You had ample opportunity of observing the life and habits of the seals?
— A. Yes.
5. Q. From those observations last year did you notice any perceptible or
material decrease in the number of seals ^—A, None whatever.
0. Q. It was generally reported last year they were more numerous than the
year before ? — A. Yes. 1 think if anything they were a little more numerous,
than 1890.
7. Q. Does that remark apply to full-grown ? — /I. To fnll-grown and mid-sized.
8. Q. What direction do the seals on the coast usually come from? — A. Thoy
come from the south, tbilowing the herring, which spawn on the west coast and
diilercnt places', and the seal follow (hose lish into the shore or far out, as the rase
may be. The natives get a great number of these seals among a school of herring.
0. Q. What is the usual distance which the natives hunt away from shore? —
A. In the spring thev will hunt 10 or 15 miles off, later in the season 20 or 'J.'>
miles. I have seen them 40 miles from the land.
10. Q. How long does the hunting of the seal on the west coast usually last?-
— A. Commences in February, or latter end of .January, and lasts till the 1st Junei
when you get more or less seals; you can get a few stragglers in July.
11. Q. Atid the tendency of the seals is from the south ? — At Yes, following
their food lish.
12. Q, You have been down the coast to where yon meet the seals in their
migration ? — A. I have gone down as far as Shoal Water Bay, Columbia RiviM-.
13. Q. How do you meet the seals— in large bands or batclif's? — A. V.os, in
schools, from two to twenty in a school.
14. Q. Do they s«nm to travel in pairs? — Ai No, Sir.
15. Q. Do you find in these schools, or bunches, they arc all males or fu males?
— A. They are mixed. I remember an instance — I think in 1886 — when we got on the
coast off Cape Flattery either 104 or 109, am not) positive, and out of that there were
over 100 bull seals, and the next day we got about 86, and out of that numl)cr over
70 were bulls. That was in the year 1886.
16. Q. Would your observation lead you to suppose that your catch would
depend entirely upon the group of bulls or females as-to which your catch would Imj
composed of principally ?—^i As we get amongst them ; yes.
17. Q. But taking one year with another — from 1886 to the present timu — have
you seen any more females killed than of bulls? — A. No, Sir. I think we have got
about three' males in five, and when we get up about the Bank, about Middlutou
Island, I think they will average more males than females.
18. Q. When you strike the seals on the coast about 40 or 50 miles from siiore,
do you find a large proportion of them sleeping? — A. They are generally sleeping.
The Indians get none but sleeping seals. I have never been working with
Whites.
19. Q. The natives approach the seals very close? — A. Yes; and ho coincs to
the leeward of tiicm, and if there is any sea on they get into the trough of tlio sea
and make no noise. If he went to windward the seal would scent him, and get
away.
20. Q. When he gets close enough he throws his spear, and seldom misses? —
A. Yes ; he don't miss one in ten.
21. Q. And when once his spear is fastened, the seal never gets away ? —
A. No.
22. Q. If an Indian loses more than what you say, he would not be a goo.l
hunter ? — A. No good at all. It would not pay to " pack " him.
23. Q. Do the Indians ever shoot? — A. Sometimes. They never shoot if the
seal is sleeping.
m
■m
m
*
.^JtsAtja ^-.^".■.
184
You mean by "loss" — what? — A. By sinking.
ir the seal is wounded so it gets away, you don't consider it lost? —
24. Q. Does that percentage of loss apply to the sleeping seals only ? —
A. Yes.
25. Q.
26. Q.
A. No.
27. Q. ir speared and wounded, and scurried off, you don't consider it lost? —
A. Oh, no ; not Inst.
28. Q. The Indian hunter is very clo!«c to tiie quarry, and rarely misses his
aim 7— A. Weil, he will get within 26 or 30 yards of it.
29. Q. Have you noticed any marked difference in the manner in which the
females cas rying young travel as compared with the males ? — A, The only
difference I could see is that they will travel very fast for a little distance, and then
turn up and rest.
30. Q. I mean, do they sink their bodies more ? — A. No; tliey do not.
31. Q, Do you think the female is more shy than the male, that is those "with
young"? — A. No. I think they are not any more shy. The female is always
inclined to be sleepy. The male is always on the watch, and will rise till his head
and shoulders are out of the water.
32. Q. One hunter has said that the female lies deep in the water, exposing
only a portion of her head ? — A. I have never noticed that. When lying asleep
one-half of the head is under water.
33. Q. Then you will say that the percentage of loss of the Indian hunters is
not more than how many in the hundred P — A. Not more than one in ten ; not more
than 10 per cent.
34. Q. You say you never hunted with white men until this year? — A. No.
35. Q. If any person made a statement that there is a greater amount of loss
than what you say, you would not regard it as correct ? — A. 1 would say it was
not correct, with Indian hunters.
36. Q. Your statement is based upon actual experience? — A. Yes.
37.. Q. In going down the coast in the spring, in February, March, and April,
have you noticed that females are more plentiful than in the following months ? —
A. I do not think they are.
38. Q. But as they come from the south, you think they ar** not? — A. Between
January and June, and between the south and the Shumigan Islands, have you
noticed any time or place where there were any more females killed than others? —
A. I think in May, I have noticed one thing: you will not find, take one in ninety,
you will never find a female pup. Where the female young go to is something that
the Commissioners ought to have found out before they came down from the sea.
39. Q. It has been stated that the Indians say there is no such thing as a
female grey pup? — A. I liave never seen one yet, and cannot account for it, unless
the females go one way and the males another.
40. Q. Among ail yearling grey pups, there has never been any one known to
have found a female ? — A. Yes, it is a fact. I have heard a great deal of talk of
females having young on the kelp, too, but I don't think that is so. Some hunters
report of seeing pups od'Middleton's Island, but I think that is impossible.
41. Q. Have you ever seen them cut a pup out of the female seal ? — A, Yes;
and I have seen the pup so cut out walk or move about the deck of the vessel, and
I have tried to raise it. I have also thrown it into the water, and have seen it swim
about like a young do« ; I have seen it keep afloat for fifteen minutes, as long as the
vessel was within sight. On the islands, the mother seal will take the young and
force them into the water to teacli tiiem to swim. They will never take the water
freely themselves for from 8i.\ weeks to two months.
42. Q. You think they will swim .50 yards probably, or 100 yards? — A. Yes;
but don't think they could live continually in the water if they were born in it.
43. Q. When you strike the seals on the west coast, what would you say was
the usual distance per day that the seals travel ? — A. That is impossible to say ; it
depends upon their food.
44. Q. That is, they linger longer over good food than otherwise ? — A. Yes ; I
remember in, I think, 1888, where an Indian threw his spear at a seal, and his line
broke, it was near the Shumigan Islands, and he took the same seal the next day —
\ve lay-to all night — and he recovered his own iron spear-head. That might show
the distance they move in, say, a night, because it did not travel far.
45. Q. When you lower your boats two Indians go to a canoe ? — A. \ es, and
both paddle.
mmmmm'
B only t —
it lost T—
It lost?—
misses Ills
which the
The only
>, and then
t.
lose "with
is always
1 his head
I-, exposing
,ing asleep
I hunters is
; not more
-A. No.
)unt of loss
say it was
, and April,
months ? —
■A. Between
s, have you
n otliers ? —
in ninety,
ething that
the sea.
thing as a
r it, unless
ic known to
I of talk of
brae hunters
•le.
?— J. Yes;
vessel, and
icen it swim
1 long as the
young and
■e the water
|v — A. Yes;
in it.
|ou say was
to say ; it
-A. Yes; I
ind his line
next day —
[might show
\ es, and
186
»
46. Q. The Indian in the how keeps his spear right before?— i<. Yes.
47. Q. And he throws it at the animal, and strikes it where? — A, It makes no
diHbrence where they are hit. They try when shooting to hit in the head.
48. Q. When a seal is struck, or wounded, what time does it require to heal ?—
A. It heals very rapidly.
49. Q. What time does it require to get the seal aboard after it is speared ? —
A. Not more than two minutes when they spear, and not as long as that when
they shoot it.
50. Q. What is the usual length of the scaling-boat? — A. About 20 feet.
61. Q. And the canoe ?—A. About 22 feet.
52. Q. Is it not a fact that sealing in these small boats in the stormy spring
months is a very hazardous undertaking? — A. Yes.
53. Q. It is commonly reported that our seal-hunters, both Whites and Indians,
are more expert than any others on the coast ? — A. That is so. They arc the most
expert.
54. Q. It is said also that unless the weather is very tempestuous nothing will
retard them ? — A. Yes; they go out every chance they can get.
65. Q. The loss of a full-sized skin meant the last two years how much to the
hunter ? — A. About 3 dollars per skin.
56. Q. What is the largest number which you ever saw an Indian canoe bring
aboard in one day ? — A. Forty-eight in one canoe, in Bchring's Sea.
57. Q. On the coast, how many ? — A. Thirty-four; that is over the average.
58. Q. In leaving the schooner, how far do the hunters, both Indians and
Whites, CO? — A. They go as far as 10 or 12 miles, sometimes 15 miles, from the
vessel, till they can just see the tops of her sail.
59. Q. And this in pretty rough weather? — A. Yes ; pretty rough. It might
be smooth when they go out, but it often comes on rough before they can get
back.
60. Q. In following the seals up the coast in February, March, and April, and
May and June, where do you begin to get them in larger numbers ? — A. Off Queen
Charlotte Islands.
61. At this time, are the females in advance of the males, seemingly hastening
to the sea? — A. They get throu^jh as soon as they can, the males in advance of the
females — they haul out first.
62. Q. Some scalers think the cows go ahead ? — A. The males haul out, and each
one ^ets his batch of females, and as the cows come in they make up their herd of
females.
63. Q. Have you ever, when with scalers, heard the percentage of loss talked
of? — A. No; 1 have never heard it mentioned with scalers.
64. Q. You speak from your experience with Indians ? Your percentage of
loss of 1 in 10 would be based on actual experience with Indian hunters ?—
A. Yes ; 1 in 10.
65. Q. You have stated that in the month of May you think tb would be
more females than in the other months of the season ? At that time what part of
the ocean would you be ?-~A. Up off Queen Charlotte Island.
66. Q. You have also stated that the more plentiful the food, the slower the
seals travel? — A. Yes ; they stay longer where the food is.
67. Q. At the end of any of your seasons, have you actually counted the
number of females you had in your cargo? — A. I have never done so.
68. Q. Have you any idea of your last year's catch, what proportion of females
you had in the coast catch ? — A. I think there would be about 3 males in 5 — 3 males
to 2 females.
69. Q. That applies to the coast catch only ? — A. Yes ; up to Kodiak.
70. Q. In the Behring's Sea, what proportion would it bear? — A. I think about
4 males in 5 — 4 males to 1 female.
71. Q. Were you in Behring's Sea last year? — A. The vessel was. The way I
account for getting so many males was, during the beginning of July and August,
when the females would be ashore nursing their young the greater part of the time. •
72. Q. At any time in Behring's Sea, what has been your nearest point of
hunting to the seal islands ? — A, I have never been closer in hunting than 30 miles
— usually 30 to 90 miles off. We got blown in there once, the only time I saw the
island ; we were vrithin 10 miles of them then.
73. Q. You never saw or hesird of any schooners, or spoke any schooner, who
made a boast of raiding the islands ?—'A. None belonging to us. I heard of the
[672] 2 B
iRfi
'• Webutcr," '• Mollic Adams," the " Ilamiltoii Lewis," and the German «cli(M)nor
"Adcle" raiding^ the islands.
74. Q. All these were American schooners? — A. Yes; except the " Adelc."
75. Q. There is no doiiht, then, uinon}; scalers, that these vessels did ;ictnallv
raid the islands? — A. It has been commonly reported, and I have no reason to
disbelieve it.
7^>. Q. Did any of those vessels at that time belong to Victoria ? — A. No ; they
did not.
77. Q. Can you advance an> idea as to when the seals leave Ikhrinfj's Sea? —
A. To the best oi my knowledfje, about l\w middle of October.
78. Q, Is it the accepted idea thai those seals which leave Hehring's Sen in th«
fall are the same that return in the sprin<;- ? — A. That is my opinion.
79. Q. You have never heard at any time any inducement ever od'ercd by a
captain or sailor from Victoria to ship men or to pcrlorm any work with the
intention of raiding; those islands? — A. Not from a Canadian vessel.
80. Q, It is a fact that every ship-owner and master of Canadian vessels has
deprecated the raiding; of the islands, that is, have never agreed with it ? — A. They
do not agree with it at all. Kvery one 1 have spoken to arc very well satisfied to
go into the sea and j^et their catch lep;itiniately.
81. Q. You think there is ample field lor huntinp; seals without raidinjjj the
islands ? — A. Yes, I do.
82. Q. Is it your opinion, Captain Lai np;, that with the increased nnnd)cr of
schooners here and in San Francisco, there will be any nmtcrial injury to the
sealinpf industry ? — A. I do not think so.
S'.i. Q. From observations made last year, you arc quite of the opinion tliat the
seals were more |)lentirul than ou had ever seen them before? — A. Tiicy were more
plentiful last year, 18!»1, than the year before, 1800.
84. Q, Is there any way you can account for that? — A. None wiiatever, unless
it is the same as with any species of fish ; some years you !>et more than others.
There is no accounting; for it.
H,'). (J, Uoferrint;- to the number of lenialcs caui^ht in the spring-, there are (piite
a number ol the female seals barren, or have never borne youn<^ ? You have
noticed it? — A. Yes; some are barren that have had young, and others that have
not borne.
86. Q. When you speak of the proportion of females killed, you m<!an the
barren cows as well as those that are bearing young ? — A. Yes.
8/. Q. Have you formed any idea of the general .average or percentage of
females carrying young killed in April and May ? — A. i could not form any idea,
88. Q, Nor of barren cows? — A. No, Sir.
8!). Q. Would you hazard a statement that all the females, both bearing and
barren cows, were certainly less than the male seals taken ? — A. Yes ; certainly less
in number.
90. Q. If any one were to make the bold statemci't that for every male seal
killed there is a female killed, would it be correct? — .(. Tiuit would not lie correct.
!)1. (j. You have not heard any estimate of the percentage olliarren I'emales as
compared with the bearing cows killed?— .■<. There are less of the barren cows
killed in the sprintj- than there are in the fall. I don't think that they jio as far
south as the cows that bear young.
92. Q. You .say that in Jkhring's Sea tlie males |)reponderate ? — A. Yes.
93. Q. You cannot account for this, you say, excei)t it be tiiat the females arc
all ashore bearing young? — A. The males we get in the sea are all '.i- or 4-year-olds,
which the old wigs would not let ashore at all.
94. Q. Are there any " rookeries " along the coast of any extent? — A. I have
never heard of one this side of the Shumigan Islands.
95. Q. Year after year, hunting tlien, do you lind them travelling along the
same course? — A. Yes, where their food is, from 15 to .'55 miles out.
9G. Q. Your opinion is that the percentage of loss as compared with those
hit would not exceed 10 per cent, with Indian hunters? — A. How do you mean
lost ?
97. Q. You say a seal hit and not killed is not lost if it escapes? — A. Yes.
98. Q. Then the proportion of loss in proportion to those killed is about how
much — 10 per cent? — A. It does not exceed that.
99. Q. In the number killed during the dilTerent months of the season, what is
the proportion of males to females P — 4- Thfce males to two females.
do."
actually
ciirtoii t()
Si) ; tlify
'a Sea ? —
Sou ill tllB
<iT(l l)y fi
will) tlH'
essoin I'.as
-A. Tlioy
ivlisfiotl U)
aid ins ^''i-
mimltcr of
ny to tlio
)n tliat the
wore nioro
•vcv, unless
lan others.
ic are (|iiite
Vou have
•s tiiat have
mean the
I'ceiitasic of
any idea.
kcarinR" and
•riainly less
V male seal
ll.c eorrect.
I'eniales as
airen cows
:\ i;o as far
Yes.
I females arc
l-ycar-olds,
-A. I have
along the
with those
you mean
1^. Yes.
, about how
ton, what is
187
100. Q. Ab to the abstention of OnnnHinn scnicrs from raiding the sertl iHlandit,
you are quite posi ivc thai Ironi your kn()\\ieil;;e of scaling-vesHcl owners and
nuistern, you jV'^^' '' as your ilircet opinion that no Canadian sealers ever raided
IJMiM' i^,lands, Vou would say so upon oath in Court? — A. They never did to my
kini" leilf^e.
K'l. (I If sueh a thinj;- had been attempted, it wduld, aH a matter of fact, have
leaked out > — A. Yes ; it stands to reasun (he cn.'ws woulil have been inioble to keep
it to ihcniselves.
102. (j. They woidil tell it either to their associates on board or alter petting
ashore '. — ./. They oould not keep it.
in;j. Q. After the hunlirs t;et aboard at night, they usurMy recount whether
they lost any seals, and in speakiii}; of their loss, it woidd nieiin those seals that
would sink, not those that esea|ie': — ./. If they lost anv, they would not tell it at all,
but if they suid< any, they would speak of it.
lUI. Q, Vou are at present ii shiji-owncr, Captain Laing ? — A. Yes.
10.'). Q. You have had {>reat op|)()rtunilies of bearing t'n.m all sources matter
relative to the seal lisliini; ?— 1. Yes.
lofi. lias it bieii noticed that the skins taken last year in the liehring's Sea
were smaller than usual r — A. .Miout the same general size.
107. Q. Is it generally known tiiat the seals caught on the Copper Island are
l)ett((r than the averager — A. 1 have never seen them, but it is reported they are
better.
108. Q. It is reported also that seals caught in January, Marcli, and April are
better than any in Uehring's Sea; (hey say the ("in- is better? — A. They say so, but
I ilon't know that you can see any diU'erence.
10!). Q. It has been said that the fur of the seals caught during the winter and
spring months is light r The fur of all animals in cold climates is thicker in
winter ? — A. I liavo never noticed that with seals.
110. Q. .\ few years ago it was said that the Mchring's Sea skins were the
best? — A. It has been so reported, but T don't think there is any difference.
111. Q. The "grey pup" of this year will be a " l> wn pup" ne.\t year? —
A. Vcs ; a "li-year-old " or " brown jjup."
112. Q. Do the hunters usually follow the grey pups with the same zeal as they
do the other seals? — A. Tliey can't tell the diirercnce till they arc actually "on top
of them."
113. f. And they are apt to shoot little as well as big ? — A, Yes; everything
they come across.
114. Q. Were the Indian hunters more successful last year than Whites? —
A, No, they were not. It was a "stand oil" between them. The only dillcrence is
that the Whites will risk more than the Indians.
11"). Q. The expensive wages, cost of outfitting schooners, considered, don't
you think that 4 <lollars per skin a high figure for hunters? — A. It is.
IK). Q. How many boats does the average schooner carry ? — A. About six and
the stern l)oat.
117. Q. And each boat takes three white men? — A. Yes, a hunter, a boat-
puller, and a boat-steerer.
118. Q. The ship furnishes the boat, [guns, and outfit? — A. Yes, the whole
outfit of guns, ammunition, provisions, wages for the two men, and pays the hunter
so much per skin.
119. Q. .\t the present time, how much per skin? — A, 3 to 4 dollars.
120. Q. With Indian crews ? — A. They furnish their own canoe, spears, and
outfit; one Indian steers: but the vessel finds them in provisions only. Tlie last
two or three seasons some vessels have sup|)lied giuis and ammunition.
121. Q. Does the Indian get 1 dollars per skin ; does he out of that pay his own
boat-helper ? — A, Yes, he pays out of his rate per skin. The ship pays the steerer
nothing.
]'2'2. Q. Therefore, if the Indian crews were as profitable, (hey arc the cheapest ;
if they get as many skins ? — A. Yes, if you can get them.
128. Q. Is the Indian a good hunter, in your experience? — A. Yes, Sir.
124. Q. Bold and intrepid ?— ^. Yes, when he is in his canoe nothing will scare
him. I have seen an ohi bull seal psize a canoe, and the Indians would get into it
again, bail the water out, and go o hunting as though nothing had happened.
12C. Q. Is the Indian lazy, or Joes he seem anxious tt) pl-ocetd in tnfe hunt from
[672j 2 B 2
X
■ mnmpiim?'
188
day to day ? — A. In fine weather, yes, but when the sea is " choppy " he would
usually rather stay aboard.
126. Q. His canoe is not quite so strong as the sealing-boat ? — A. No, nut
quite.
127. Q. Have there been many accidents among the Indians — loss of life? —
A, Not since, I think, 1887, when a schooner foundered with ail aboard.
128. Q. Do yon thinl< tiiat as the years pass along the Indians, as well as tlie
Whites, get more expert in seal-hunting ? — A. Yes, they do.
129. Q. Notwithstanding all the ships in the fleet on the ocean, you would
adhere tu your statement that you don't think there is any noticeable decrease in the
number of seals ? — A. Yes ; I do not think so. If the vessels had been let alone in
Behring's Sea last year, we would have had a bigger catch than any previous
year.
130. Q. Do you think. Captain Laing, if they would cease killing seals in the
Pribylofi" Islands it would increase the number of seals on the coast? — A. I think it
would.
131. Q. If the rookeries were undisturbed by anything, you think the seals would
be more plentiful ? — A. I do.
132. Q. Have you any opinion to ofl^er as to killing seals on the islands doing
more iiarm than anything else? — A. I think the American people are doing more
harm by killing seals and interfering with them on their rookeries or seal islands than
we hunters do on the coast.
133. Q. You have never heard of any rookery along the coast? — A. I never
heard of one. There is a rookery of sea lion off Queen Charlotte Island, but I never
heard of any of seals.
(Signed) A. D. LAING.
Sworn before me, this 25th day of January, a.d. 1892.
(Signed) A. K. Milne,
Collector of Customs.
January 25, 1892.
William Cox, present master of the schooner "Sapphire," of Victoria, called
and examined by Collector Milne : —
1. Q. You are engaged in the sealing business, Captain Cox? — A. Yes, I have
been master of the sealing schooner " Sapphire " for the last four years.
2. Q. How many boats do you carry in jour outfit ? — A. I carry canoes and an
Indian crew.
3. Q. With the exception of how many white men to navigate ?—il. Seven
white people I carry for navigating the vessel.
4. Q. The number of Indians ? — A. The last two years I have had twenty-eight
north to Behring's Sea.
5. Q. And how many canoes? — A. Fourteen canoes.
6. Q. Had yon more canoes on the coast ? — A. Yes, I have had twenty-four
canoes while on t!ie coast.
7. Q. When you finally leave for Behring's Sea, you drop a number of the
Indians, and only take about fourteen canoes with you ? — A. Yes.
8. Q. Do you prefer Indian crews to white men ? — Yes, I do.
9. Q. What are your reasons for the preference? — A. Well, I get along better
with them for one thing ; there is more honour among them than among the average
white crew in this business. They don't make an agreement to-day, and break it
to-morrow if they see a chance to make a little more.
10. And they don't quarrel among themselves ? — A. No; and you can generally
trust them more.
11. Q. They are more profitable too, are they not ? — Yes, a little more.
12. Q. They furnish their own canoes?— i4. Yes, and spears and boatmen; and
it is not such a heavy outfit, but their canoes are light and easily broken by the
heavy seas.
13. Q. They are better then aboard a large vessel? — A. Yes, but you have to
be very careful — the canoes are "dug-outs" and easily shattered.
14. Q. Apart from gettiof; along easier with the Indians, tho experience it
m
he would
!. No, not
I of life?—
veil as the
you would
rease in the
let alone in
ly previous
seals in the
1. I think it
seals would
lands doing
doing more
islands than
—A. I never
, but I never
I. LAING.
toria, called
Yes, I have
anoes and an
p — A. Seven
twenty-eight
twenty-four
umber of the
along better
g the average
and break it
can generally
more.
)oatmen ; and
>roken by the
It you have to
experience is
just about the same as with a white crew ?— i4. Yes, the skins cost about the same
in the end.
15. Q. Do the Indian crews venture out during the stormy weather as much as
the white men ? — A. Yes, almost as freely. I have had the same crew so long now
that they will do anything I wish them to do.
16. Q. Do you take them down the coast?— i4. Yes, and up the coast and on
into Behring's Sea.
17. Q. They spear all their seals? — A. The greater number of them, yes, but
sometimes shoot ; they spear all the <* sleepers."
18. Q. What proportion do you think they shoot ? — A. They shoot, probably,
twenty out of the hundred; but I think now the fleet is getting so large there are
more wake seals, that consequently they did more more shooting with me last year
than ever before. They never shoot a slviOj>Ipn: seal.
19. Q. Do you think the seals are getting more shy on account of the larger
fleet of vessels ? — A. Yes, they are much more shy.
20. Q. Do the Indians approach the seals from leeward ? — A. No ; the Indian
always goes "across on the wind;" he pulls up almost in range of it, and goes
across the wind. They have a sort of idea that the seal sleeps with one eye open,
hence the way they approach.
21. Q. When they heave the spear, the barb holds fast?— ^. Yes; if they
strike the seal at all, they cannot lose it.
22. Q. Therefore the percentage of seals killed by Indians and lost would be
very small? — A, I would really count it nothing. If they did lose one by the
spear pulling out of the blubber it would not kill the seal, as it heals so quickly
again.
23. Q. The barb holds them, and they have no chance to sink ? — A. Yes-
24. Q. Therefore the percentage of loss is nothing ? — A. I would not reoko'i >t
anything.
25. Q. The loss they make is only when firing at a travelling seal ? — A. Yes.
26. Q. And that loss would be by the animal escaping ? — A. Yes.
27. Q. You would not consider it lost, then ? — A. No. If not hit in a vital
part it is not lost, for the Indian fires at a close range, and there are two in a boat,
and almost sure of it before the shot is fired, because they can't sink far before they
are right on to it.
28. Q. So the percentage of the seals lost by Indian hunters, " sleeping " and
not " travelling," would be how much ? — A. With sleeping seals there is no loss.
In travelling seals there are none lost, only in escaping. Last year I saw a great
number of seals brought in that had been shot before.
29. Q. F'rom personal knowledge and observation, you are satisfied that a flesh-
wound made in the seal would heal rapidly and not injure the seal? — A. Yes; the
shot seems to s«,rike in the fatty parts or blubber, and does not seem to hurt the
animal, as it closes over and soon heals.
30. Q. In the months of February, March, and April, have you seen a marked
number of female seals bearing young killed? — A. Yes; in winter there are a
number.
31. Q. Does that mean "barren" cows? — A. No; on the coast we get them
"with young." I have not seen many "barren cows" out here in winter.
32. C'. During the months of February, March, and April, what would you
say was the proportion of males to females? — A. I have only done one winter's
sealing, and that winter they would be fully one-half females during February and
March.
33. Q. That is, there would be as many females as bulls and grey pups ? —
A. Yes ; I have never seen a female grey pup on the coast. That is a yearling
grey female seal; that is corroborated by the Indians. All the yearlings seen by
me have been males.
34. Q. That is well known, you say, by the Indians? — A. Oh, yes. They
remark this.
• •••••»
38. Q. But there is a larger number of males killed than females in April, May,
and June? — A. Yes; In those three months we get a larger number of males ; bulls
from 3 to 4 years old ; all about the same size.
89. Q. Your opinion is that the females, after the month of May, hasten on to
the Behring's Sea ? — A. Yes.
40. Q. Now, from the beginning of the f«ealing season, when you start out this
190
time of year (January), till the time you enter Hohrin^'s Sea, what is your opinion
as to tiu> pereontafie of f'onialc seals, iiieliidiii;;- l>()lli heariiti;- and liarren rows,
killed? \\l)at would he the proportion of female seals, inelnilin};- both hearing- ami
barren cows, killed ? What would lie the proportion of females as compared with
the hulls r — A. Uii;lit up te the Sluimig'an Islands r
41. Q. Ves. Would it he (iO per eerit., or 70 per cent., or what?— /I. Yes, I
thirdv it would he about Gr> or 70 per cent, ol' males, and the remainder mixed eows
— bearing; and l)arren eows.
41?. Q. j\bout what percentai;e of barren eows 'f— J. I thiuk about e(pially
divided : about 15 per cent, of barren and I.'') |)er ecnt. of bearing eows, and 70 per
cent, of bulls, would pretty near represent the eateh on (he upper and lower
coast.
4;5. Q. There is an opinion expressed that a seal pup will not swim ; some
people say so? — A. I have seen three with their dams in the water on the Alaskan
coast.
II. Q. How far from shore? — A. 40 or ;'tO miles from shore, in the month of
June.
45. Q. Is it your opinion that they would be born in the water ? — A. Yes, or
on the kelp. Seals mate in tiie water, sleep in the water, and 1 have seen pups
taken from tlv dead mother on the vessel, and thrown overboard and swim about
awhile in the water, i have watched such jiups swim about for half-an-hour or
more. They seemed to have no dillieulty in swimminj;.
4l). Q. Yon have never seen or heard of a Canadian sealing-schooner attempting
to raid the Pribylolf Islands .' — ,1. I have never heard of one.
47. Q. If such a thing '.id been done or attempted it wouhl be sure to be
known among sealers?— /I. \es; it would be impossible to keep it a secret.
48. Q. Is it your o|)inion th.at our ship-owners and masters have done every-
thing they coulil possibly uo to discourage anything of that kind? — A. Yes;
everything.
4'.). Q. What has been the general distance you have scaled — the distance from
the seal islands? — A. From lOU to 140 miles. I was within SO miles of them last
year; that was the nearest I was to them.
50. Q. Of course your men on board woidd, if thev had ever been engaged in
such raiding of the islands, certainly have told their (ellows 'r — A. Yes, it would
soon have become known,
.'il. Q. It is well known to all sealers that certain schooners have raided those
islands ?—.-i. Yes, during 1889 r.nd 1890.
f)l*. Q. Do you remember what their names are? — .4. fes ; the American
sciiooner " Mollie Adams," "George R. White," and others.
52, Q. Do you remcnd)cr any other schooner raiding the islands? — A. Yes;
the German schooner " Adele."
C}S. Q. It was well known that it was a German vessel .' — A. Oh, yes.
64. Q. Those American vessels that raided tiie Pribylolf Islands recruited their
crews — where? — A. I think the " .Mollie Adams" reeitiited her crew at Gloucester.
,^5. Q. In the United States r — .1. Yes j she litted up in Port Townscnd,
Washington.
5G. Q. Did you ever hear of riy American vessels fitting out at Sand Point to
raid the islands ? — A. I do not remendier it.
.')7. Q. Were you ordered out of Mehring's Sea last \ear r — A Yes.
o8. Q. |{y whom?— J. The British steamer "Porpoise."
51). Q. On being ordered out of the Sea, you immediately eom|)lieil V — A. Yes ; I
came right away.
(iO. Q. Did you lower your boats afterwards i" — A. I did not, I came right out
of the Sea,
(Jl. Q. What month was that? — A, 0th August.
62. Q. Had you not been ordered out, were you in good hunting ground? —
A. Oh, yes,
(j'6. Q, Were the seals plentiful at the time you were warned ; that is, as
plentiful as^you had previously seen theml' — A. Yes ; just as thick as ever.
(14, Q. What was your catch up to the time you were warned out? — A. 2,434
in Behring's Sea.
05. Q. What was your coast catch? — A. 1,008 on the coast, and 2,434 in
the Sea.
66. Q. Had you been unmolested for aauthcr thirty days your chances were
; rtn I •'"'!'M''il''''Mfia!r ■ "i
r opinion
vn cows,
iiiiig ami
I reel with
A. Yes, I
ixed cows
t i'i|iially
lul 70 per
nd lower
ill) ; some
J Alaskan
month of
1. Yes, or
ioon |)ups
.'iin alioiit
ii-hour or
ttcmptins;-
sure to be
t.
)ne every -
—A. Yes;
ancc from
tliein last
ngapfed in
it would
idcd those
American
— A. Yes;
iitcd their
loiK'oster.
'ownscnd,
Point to
A. Yes ; I
iii;ht out
;roiind ? —
lat is, as
-A. '2,rSi
'2,434 in
nces were
n^MMi
tmm
^m
mnn
191
good for a larpfo catch ? — A. Yes ; our cimnccs were good for quite doubling our
catch.
07. Q. Your |)riiK'ip;iI ground for scalini;- you Ibiiiid — where? — A. About
100 miles westward of tiie Islands of St. Georpe and St. Paul. I took 1,000 in four
days there.
TiS. ',' During liiat time, wlien you were getting seals so quickly, w-as your jier-
ccntage of loss greater there than on the coast? — .1. \o ; tliev were very (piiet.
Oi). Q. Yon have stated that, from your personal observation, you think the seals
were as plentiful last year as you have ever seen them in Mehring's Sea? — A. Yes;
much more so than I t ver saw them before.
70. (J. More so at adistance of 100 to l;?() miles from tiie nearest seal island ? —
A. Yes.
71. Q. AVhat course would tiiat lie from the Priliyioff Islands? — A. About
west.
72. Q. At the time you were sealing tiiero were there any other Canadian
schooners in your company? — A. Yes; the '' .\iinie C. .Moore," (he "Carmelite,"
and the " Ariel." They had all an average (•••ttch.
Q. Have you ever heard ol tiie McLeans raiding Coppf^r Islands?—
A.
73.
Yes.
74.
75.
Q. Do you believe they did actually raid them'.' — A. Yes.
Q. Did you hear the story of their going, with three boats of the
"Welister" and '• City of Sun Diego" in a crowd, landing at a passage between
the rocks and the mainland of the island, and st.iiKJmg there, where tliv water was
swift, aiifl shooting tli(> seals as they passed through',' — ,(. Yes; but they lost a
great many. The captain of the "San Diego" said that they diil'iit get one-tenth
of what they shot.
70. Q. II is (he pre\;iiling opinion among tlu^ sealers tli.at the "J. Hamilton
Lewis" was seized for landing on the islands': — A. \'es ; the Uiissians had been
watching her. She was seized for actually raiding the islands.
77. (J. You didn't go to (he Copper Island side at all r — A. I did not.
7!'. (j. In lea\ ing Hehring's Sea, where did you come out throu<^li V —
A. Throiigh the I'oiir .Mountain Pass.
70. (j. After you had been w.uned out, did you speak any other cutter? — .1. I
did not.
so. Q, Did you sec any seals from the time you were warned out till the time
you came through the pass r — ^1. They were just as thick as ever within 40 miles of
Ihv Four Mountain Pass. We were (wo days sailing through them. It grieved us
very nuich, I can (ell you, (o sail tiirough seals and couldn't touch them.
SI. Q. 'J'he I'our .Mountain Pass is about wh.at longitude ': — ,(. " 17'i Pass" we
call it.
82. Q. Hut you say there wimc plenty of seals from the time you were warned
up to within 40 miles r)l' this pass': — .1. Yes ; just as thick as where we had left.
S.'?. Q. Will you state in direct evidence, as though in Court, that, as far as
your kn()wl<»dg(> goes, no Caii;uliaii sealer, directly or indirectly, ever raided or
attempted (o raid the seal islands: — .1. I h.ave had ample opporiiinity of learning
if such had been the c;ise, and I know ol' none.
Cajitain C«)X, continuing, said : 1 didn't take one " bearing " female seal last
season in Hehiing's Sea. I hiive (aken a few which were evidently '• witii milk."
St. Q. W'li.it percentage do yon say ':- .(. There might be Ti per cent, of wli.at
I took which had had young; t here was midcnce of having had young; whe(hur
thcv had last year or nol 1 do not know.
^Signed) WILLIAM COX.
Sworn before ine this 2.')lh day of .ianuary, 1892.
(Signed) A. R. Mii.yi;,
Collector of Customs.
^ u
•■«
UNITED STATES. No. 2 (1892).
COPY OF A DESPATCH
FROM
HER MAJESTY'S MINISTER AT WASHINGTON
INCLOSING A
TREATY BETWEEN HER MAJESTY AND THE UNITED
STATES OF AMERICA FOR ARBITRATION
CONCERNING THK
SEAL FISHERIES IN BEHRING'S SEA.
Presented to both Houses of Parliainent by Command of Her Majesty,
March 1892.
LONDON:
PRINTED FOR HER MAJESTY'S STATIONERT OFKICK
BY HARRISON AND SONS, ST. MARTIN'S LANE,
PRINTERS IN ORDINARY TO HRR HAJEt<TT.
And to be purchaacd, cither dircrtly or through any Bookseller, from
EYRE AND SPOTTISWOODE, East Harding Street, Plebt 3ratET, E.G., and
32, Abingdon Street, Westminster, S.W, ; ok
JOHN MENZIES & Co., 12, Hanover Street, Edinburgh, and
90, West Nile Street, Glasgow; or
BUDGES, FKiGIS, and Co., 104, GRAtroii Street, Duuik. .
[C— 6634.] Price Id.
Copy of a [)esi)iitch fioni Her Majesty's Minister at Washington,
inclosing a 'IVeaty between Her Majesty and the United
States of America for Arbitration concerning the Seal
Fisheries in Behring'vS Sea.
Sir J. Pntincefote to the Marquis of Salinbury. — {Itccdved March 14.)
My liord, Washimjton, March 4, 1802.
r ILVVE till! honour to iiiolose liorcwitli the Ik'hriii^'s Sea Arbitration Conven-
tion, whifli was sii^neil by Mr. Ulaino and myself on the 21)tli February.
I have, &('.
(Si-nc(l) .HJLIAN PAUNCEEOTE.
Inelosurc,
Treat;/ between Her Majestij and the United States of Americn for Arbitration concerning
the Seal Fisheries in Jiehring's Sea. Signed at Washington, Feliruary 29, 1892.
HEll Majesty the Queen of the United Kincfdom of Great IJritain and Ireland
and the United States of Ameriea, being desirous to provide for an amicable settlement
of the questions which have arisen ])etwecn their respective Governments concerning
the jurisdictional rights of the United States in the waters of Behring's Sea, and
concerning also the preservation of the fui'-seal in or hal)itually resorting to the said
sea, and the rights of the citizens and sul)j(>etsof either country as regards the taking of
fur-seal in or habitually resorting to the said waters, have resolved to submit to
arbitration the questions involved, and to the end of concluding a Convention for that
purpose have appointed as their respective Plenipotentiaries :
Ui>r Majesty the Queen of the United Kingdom of Great Britain and Ireland,
Sir Julian I'auneofote, G.'MI.G., K.C.iJ., Her Majesty's Envoy Extraordinary and
Minister Plenipotentiary to the United States; and the President of the United States
of Ameriea, James G. IJlaine, Secretary of State of the United States ;
Who, after having communicated to cacli other their respective Full Powers, which
were fiuuid to l)e in due and proper lorm, iiavc agreed to and concluded the following
Articles : —
APriCLE 1.
The questions which have arisen between the Goxcrnnient of ller Britannic
Majesty and the Government of the United States coneerniiig the jurisdictional rights
of the' United States in the waters of Ik'hring's Sea, and concerning also the
preservation of the fur-seal in or habitually resorting to the said sea, and the rights of
the citizens and subjects of either country as regards tin- taking of fur-seal in or
habitually resorting to the said waters, shall be submitted to a Tribunal ol Arbitration,
tn be composed of seven Arbitrators, w!'-o shall be appointed in the following
manner, that is to say : two shall be named by Her Britannic Majesty ; two shall
})e named by the President of the United States ; his Excellency the President of
the French Republic shall be jointly requested by the High Contracting Parties to
name one -, His Majesty the King of Italy shall be so requested to name one ; and Ilis
Majesty the King of Sweden and Norway shall be so requested to name one. The
seven Arbitrators to be so named shall be jurists of distinguished reputation in their
respi'ctive countrie-:.
\'2%)'\ . ■--■■•'--■■ \
— 3Wk=d . JEai?.-s.-:.i!_*rnat';
■Sf'^IJ'TSJtfl'-^'il
ington,
United
le Seal
4, 18!)2.
n Convon-
EFOTE.
concfrnmq
1892.
nd Ireland
settlement
Lionceming
s Soa, and
;o the said
e taking of
submit to
on for that
id Ireland,
linary and
ited States
vers, which
e following
Britannic
onal rights
also till'
e rights of
-seal in or
Lrhitratioii,
! following
two shall
njsident of
Parties to
e ; and His
one. The
ion in their
8
In case of the death, absence, or incapacity to serve of any or either of tlie said
Arbitrators, or in the event of any or either of the said Arbitrators omitting or declining
or ceasing to act as such, Her Britannic ?»Injcsty, or the President of the United States,
or his Excellency the President of the Erench llepublic, or His Majesty the King of
Italy, or His Majesty the King of Sweden and Norway, as the case may he, shall
name, or shall he requested to name forthwith, another person to aci as Arbitrator
in the place and stead of the Arbitrator originally named by such head of a State.
And in the event of the refusal or omission for two months after receipt of the
joint request from the High Contracting Parties of his Excellency the President of
the Erench l{ei)ublic, or llis Majesty tht; King of Italy, or His jNlajesty the King of
Sweden and Norway, to nam(! an Arbitrator, either to fill the original appointment
or to fill a vacancy as above provided, then in such ease the npp'iintnu'iit shall lie
made or the vacancy shall be filled in such manner as the High Contracting Parties
shall agree.
ARTICLE II.
The Arbitrators shall meet at Paris within twenty davs after the delivery of the
counter-eases nientioned in Article IV, and sliall proceed impartially and carefully to
e> amine and decide the questions that have been or shall be laid before them as herein
provided on the part of the Governments of Her Britannic Majesty and the United
States respectively. All questions consider! d by the Tribunal, including the final
decision, shall be determined by a majority of all the Arbitrators.
Each of the High Contracting Parties shall also name one person to attend tlie
Tribunal as its Agent to represent it generally in all matters connected with the
arbitration.
Aim CLE III.
The printed ease of each of the two ])arties, accompanied by the documents, the
official corresjxiiulence, and other evidenc(! on which each relies, shall be delivered in
duplicate to each of the Ai'1)itiatois and to the Agent of the other party as soon as
may bo after the appointment of the members of the Tribunal, l)ut within a period not
exceeding three months from the date of the exchange of the latifieations of this
Treaty.
ARTICLE IV.
"Within three months after the delivery on both sides of the printed case, either
party may, in like manner, deliver in du])licatc to each of the said Arbitrators, and to
the Agent of the otiier party, a counter-case, and additional documents, correspondence,
and evidence, in reply to the case, documents, correspondence, and evidence so
presented by the other party.
1 i', however, in consequence of the distance of the place from which the evidence
to b(! presented is to be procured, either party shall, within thirty days after the
receipt by its iVgcnt of the ease of the otlier l>arty, give notice to the other jiarty that
it requires additional time for the delivery of such counter-case, documents, corre-
spondence, and evidence, such additional time so indicated, but not exceeding sixty
days beyond the three months in this Article provided, shall be allowed.
If in the case svibmitted to the Arbitrators either party shall have specified or
alluded to any report or document in its own exclusive possession, without annexing a
copy, such party shall be bound, if the other ])arty thinks proper to apply for it, to
furnish that party with a copy thereof; and either party may call upon the other,
through the Arbitrators, to produce the originals or certified copies of any papers
adduced as evidence, giving in each instance notice thereof within thn-ty days after
delivery of the case ; and the original or copy so requested shall be delivered as soon as
may be, and within a period not exceeding forty days after receipt of notice.
ARTICLE V.
It shall be the duty of the Agent of each party, within one month after the
expiration of the time limited for the delivery of the counter-case on both sides, to
deliver in duplicate to each of the said Arbitrators and to the Agent of the other
party a printed argument showing the points and refciTing to the evidence upon
which his Government relies, and either party may also support the same before the
[299] B 2
Arbitrators by oral argument of counsel ; and tli(5 Arbitrators may, if thoy dcsiro
further elucidation with regard to any point, require a written or printed statement or
argument, or oral argument by counsel, upon it ; but in suv '; case the other party
shall be entitled to reply either orally or in writing, as the case may bo.
AllTICLE VI.
In deciding the nmttci-s submitted to the Arbitrators, it is agreed that the
following five points shall be submitted to them, in order that their award shall
embrace a distinct decision upon eacli of said five points, to wit: —
1. What exclusive jurisdiction in the sea now known as the Bebring's Sea, and
what exclusive rights in the seal fisheries therein, did Russia assert and exercise prior
and up to the time of the cession of Alaska to the United States?
2. How far were tiiesc claims of jurisdiction as to the seal fisheries recognized
and conceded by Great Britain ?
3. Was the body of Wtater now known as the Bebring's Sea included in the
phrase " Pacific Ocean," as used in the IVeaty of 1825 between Great Britain and
IJussia; and Aviiat rights, if any, in the Bebring's Sea, were held and exclusively
exercised by Russia after said Treaty ?
4. Did not all the rights of Russia as to jurisdiction and as to the seal fisheries
in Bebring's Sea east of th(> water boundary, in the Treaty between the United States
and Russia of the 3()th March, 18()7, pass unimpaired to the United States under
that Tnjaty ?
5. ITas the United States any right, and, if so, what right, of protection or
property in the fur-seals freciuenting the islands of the United States in Behring
Sea when such seals are found outside the ordinarj' 3-mile limit?
ARTICLE VII.
If the determination of the foregoing questions as to the exclusive jiu'isdiction
of the United States shall leave the subject in such position that the concurrence
of Great Britain is necessary to the establislmient of Regulations for the proper pro-
tection and preservation of the fur-seal in, or habitually resorting to, the Behring Sea,
th(> Arbitrators shall then determine what concurrent Regulations outside the juris-
dictional limits of the resjjective Governments are necessaiy, and over what Maters
such Regulations should extend, and to aid them in that determination, the Report of
a Joint Commission, to be appointed by the respective Governments, shall be laid
before them, Mith such other evidence as either Government may submit.
The High Contracting Parties furthermore agree to co-operate in secui'ing the
adhesion of other Powers to such Regulations.
ARTICLE VIII.
The High Contracting Parties having found themselves unable to agree upon a
reference which shall include the question of the liability of each for the injuries
alleged to have been sustained by the other, or by its citizens, in connection with the
claims presented and urged by it ; and, being solicitous that this subordinate question
should not intornipt or longer delay the submission and determination of the main
questions, do agree that either may submit to the Arbitrators any question of fact
involved in said claims and ask for a finding thereon, the question of the liability of
either Government upon the facts found to be the subject of further negotiation.
ARTICLE IX.
The High Contracting Parties having agreed to appoint two Commissioners on
the part of each Government to make the joint investigation and Report contemplated
in the preceding Article VII, and to include the terms of the said Agreement in the
present Convention, to the end that the joint and several Reports and recommenda-
tions of said Commissioners may be ir due form submitted to the Arbitrators, should
the contingency therefor arise, the said Agreement is accordingly herein included as
follows : —
Each Government shall appoint two Commissioners to investigate, conjointly
with the Commissioners of the other Government, all the facts baring relation to seal
life in Bebring's Sea, and the measures necessary for its proper protection and
preservation.
■P" ""
«<■»■
The four Commissioners shall, so far as they may be able to agree, make u
joint Rep«)rt to each of the two Governments, and they shall also report, either jointly
or severally, to each Government on any points upon which they may be unable to
agree.
These Reports shall not bo made public until they shall be submitted to the
Arbitrators, or it shall appear that the contingency of their being used by the
Arbitrators cannot arise.
ARTICT.E X.
Each Government shall pay tlic expenses of its members of the Joint Commission
in the investigation referred to in the preceding Article.
ARTICLE XI.
The decision of the Tribunal shall, if possible, bo made within three months
from the close of the argument on both sides.
It shall be made in writing and dated, and shall be signed by the Arbitrators
who may assent to it.
The decision shall he in duplicate, one copy whereof shall be delivered to the
Agent of Great Britain for his Government, and the other copy shall be delivered to
the Agent of the United States for his Government.
ARTICLE XII.
Each Government shall pay its own Agent and provide for the proper remunera-
tion of the counsel employed by it and of the Arbitrators appointed t)y it, and for
the expense of preparing and submitting its case to the Tribunal. All other expenses
connected with the arbitration shall be defrayed by the two Governments in equal
moieties.
ARTICLE XIII.
The Arbitrators shall keep an accurate record of their proceedings, and may
appoint and employ the necessary officers to assist them.
ARTICLE XIV.
The High Contracting Parties engage to consider the result of the proceedings
of the Tribunal of Arbitration, as a full, perfect, and final settlement of all the
questions referred to the Arbitrators.
ARTICLE XV.
The present Treaty shall be duly ratified by Her Britannic JIajesty and by the
President of the United States of America, by and with the advice and consent of the
Senate thereof ; and the ratifications shall be exchanged cither at Washington or at
London within six months from the date hereof, or earlier if possible.
In faith whereof, we, the respective Plenipotentiaries, have signed this Treaty,
and have hereunto affixed our seals.
Done in duplicate, at Washington, the 2'.)th day of February, 18J)2.
(LS.) JULIAN PAUNCEEOTE.
(L.S.) JAMES G. BLAINE.
i »ii ii» ij< i>i »» ii i - iiiiiii ^»
^^FT^^mmfmrn
a 8
2=1
^/
3 5- g -Z
a " - f^
3» _ a s-
<^ 2. ^
D p S =
"^ ^ 5- 3
cc
S H
.s j;.
r
§• B * "
3 3. i? i:
5J f* B — ■
5 » o
a> = I'
■>:.
n%
f
\
1—1
H
K
e
cc
K
t2!
p
"""^^■•••IPP
be
'Is