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Les diagrammes suivants illustrent la mdthode. 32X FUR-SEAL ARBITRATION. THE COUNTER CASE Of The United States BEFORE TH 'J TRIBUNAL OF ARBITRATION TO CONVENE AT PARIS UNDER THE PROVISIONS OF THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND GREAT BRITAIN, CONCLUDED FEBRUARY 29, 1892. :! 1 )] INCLUDING APPENDIX. WASHINGTON, D. C: GOVERNMENT PRINTING OFFICE. 1893. I I Si M f1 l! i;i 1 1 V 1 TABLE OF CONTENTS ^ COUNTER CASE. INTRODUCTION. TiiK CouNTKR Case of the United Statks: Its object Original British Case aud supplement PART FIRST. rkl'i.y ok the united states to the iikitish case first prksented. The Tjue Issues in the I'kehrnt Controversy: DittVncnco of views as to the ol).j('ct of the present arbitration Protection of seals the main object of the arbitration OrijL?iu of tlie controversy as to Jurisdiction Lord Salisbury's reference to the Russian ukase Mr. Hayard invites international cooperation Mr. Blaine's statement of the issues Justification of seizures of sealing vessels Lord Salisbury again introduces the ukase T!ie United States sought int(U'national agreement Tin: KuKoNEOus Translatkjn of Certain Rt;ssiAN Documents: Imposition practiced upon the United States Governmeut Partial restatemcmt of its case necessary The Situation about Bering Sea and on the Northwest Coast down to THE Treaties of 1824-'25: Rub^:ii. : olonial system Ukase of 1799 Chapter I of British Case Distinction l)etween Bering Sea region and Pacific Ocean Ukase of i8.il m Tftge. 1 2 7 7 8 8 9 10 11 12 13 13 11 15 1.5 15 16 18 .4 s TV TABLE OF CONTENTS. TiiK SiTtTATiON ABOUT Rkiiing Ska. ktc— Continued. -papn. ChiiriK^; " of control clainind over Bcriiif; Sisa 18 No excliit! 'e torritorialjurisdiiition claimed 19 ProtestH against ukuso and resulting treaties 19 Case of the Pearl 20 Pkhioi) Following the Tiieaties: Cont .iiation of the colonial Hysteni 21 Case of the Loriot 22 Chapter IV of the British Case 23 Visits of whalers to Bering Sea 24 Eights to protect seals not rclinfiuished 25 Evi»lenco of surveillance over Bering 8ca 26 Conclusions from foregoing evidence 29 Russia's action in 1892 2!) Final observations on historical and jurisdictional (juestions 30 First, Russian sealskin industry 30 Second, Russia never renounced her right to protect such industry 31 Third, United States's right to protect, in accord with rights asserted by Russia 31 TuK Kuiirr of Pkotection axd of Puoi'kkty in the Alaskan Skal IIkrd. Biitish view of protection and proiicrty claims 32 History of jnotection and proi)ertj' claims 32 Mr. Blaine insist<>d on right of protection 32 Mr. Blaine asserted ownership in seals 33 Jurisdictional (luestious not the true issues 33 ^fal•e elaiiHum doctrine inap])lical)le 31 Mr. Phelps asserted ownership in the sealeries 34 All acts not Justifiable because committed on high seas 35 Growth of international law 35 The United States adopt Mr. Phelps's views 35 Lord Salisbury in error 36 Rights arising out of ownership of islands and habits of seals 36 All facts relating to property claim fully disi^nssed 37 Claim of protection and ownership not new 38 Case of the Harriei 38 PART SECOND. I : i KEPLY OF THE CNITED STATES TO THAT PORTION OF THE CASE OF GREAT BRITAIN CONTAINED IN THE REPORT OF THE URITISU COMMISSIONERS. TiiK British Commissioners and their Report: The Bering Sea CommiBsion 43 The ISritish Coinniissioners 45 S'lOret.iry Blaine's note to the British Minister 45 Meetings of the Joint Coiinnission 46 Report of the British Commissioners 46 PI i i TABLE OF CONTENTS. Vage. FiBST, Nkw Propositions Allkoed on Matteps Already Considkhed: HabifH of Ihefiir-nrah. 1. DiHtrilmtiou of soals in Horiua; Son and interniin}i;liiig of herd: InttTiiiinjfliiij^ of the Aliiskiin and Hiis.sian licrds 18 Charts NoH. Ill and IV of tlio Hcport 49 Chart No. II of the Kc|)oit i!> Data from which tlic charts were conipilod 19 InHufiicicn(!y of data "/) Principal data relied upon in I?<>i)ort 50 Chart of cruises in Hcring Soa in 1892 51 Scaliuf? chart of 1892 51 2. Alleged promiscuous nursing of pui)H by fenuile seals: Promiscuous nursing denit^l 53 Elliott and Bryant as authorities in the Report 53 Cow's affection for her young 53 Analogy with other aniuials 51 Authorities relied ujion in the Report 51 Mr. C. .1. .Jackson n (l 71 The miinlK'r of seals killiMl Iroiii 1«G() to ixii.'i 7;} Second ili\ isioii of evidence "3 Comparisons of lijirenis, 1S70 and 1S!)(), iiiclcvant T.i Tl • cnitailnient of M. W. Klliott's sialcnicnl 74 Ilarcnis in IHitl 71 Surjiins of virile males 7| Si/e of harems in IHO'J 75 Allc!;ed summary of a rc^port of 11. W. Klliott in IS! 10 75 Allc;icd reeojinition of decrease liy lessees 7(i Averri);-e weiHlits of Alaskan catcli, IS'ti-lSSjt 77 Nnniber of seaJs taken from Xortlieiist I'oiiit 77 Allejjed resort to reserved areas in 1S7II 7M No liaulini; ni'o'mds over resei'vtid 7!i Overdriving; and redrivin;; snlise(|nent to IWd, irrelevant "!• Denial of dec^eaHe prior to 1880 79 rehviia s(,'rt/i)ir/. Tlie l?ei)ort, an apolojjy for pclaj^ic sealinjr 80 1, Tliat llie ])ercentaji;e of female seals in ]ielai:;ie eatcli is not larijo. 'I'lie Indian evideneo snbmitted 80 Testimony of in (crested i)arties Hnlniiitted 81 r(^rcentan'e of females admitted to be taken 81 Statements inconsistent with the, Rejiort 81 The statements in the K*e])ort denied 82 Capt. Hooper's investifjations, snmnier of 1802 8;{ Catchi's of vessels seized by Knssia, 1802; 00 ])er cent fi'inales 8;{ Examination of pelajiic catches. 1802 83 I'ropoition of females taken at sea i)rior to 1870 81 2. That pclairic sealinj? in Herinji Sea is not as destructive to seal life iis i>elaf;ic scaling in the North I'acilic. Grounds for the Report's statements 84 Pre<;nant females 85 Nnrsinj; females 85 Capt. H<)0]»or'8 in vesti 'nations. 1802 85 Examination of seals by C. II. Town.send, 1892 86 Dead pups on the rookeries 86 Cause of death 87 Mr. Hlalne's note of March 1, 1890 88 Canses of death alleged in the Report 89 1. Drivinjj; and killing of the mothers 89 2. An epidemic 89 3. Pups erushed in stampedes 90 sW TABLE OF CONTENTS. vn Vnsfi- 71 71 7!} 73 T.i 71 71 71 7r. 7") 7(i 77 77 IX 711 7!t 79 80 First, Nkw Piioporitions, ktc— Continued. iWrt.'/i'' «''"'"'.'/— ContiniU'd. Vae«. 2. That iicliVKic scaling in llcring Sea is not destructlvo to seal life an ))claf,nc HcaliiiK in tlu< North Faciflc— Continiu'd. 4. Pos.sildii raids us a canst) 90 All tlic liodics emaciated "I Grt!at decrease) of dead i)n]>8 in 1802 "I Cause of ilccrcasc of dead \)\\])s *-^'^ Increased mortality on Russian rookeiies 93 Couii)arative sizes of Ueriuf? Sea and I'acilie- catches 93 Sealinj; season in Hering Sea anil Pacifle conii)ared 94 Average daily catch in Herinjif Sea and Pacific coniiiarod 94 8. That the waste of life resulting from pelagic sealin^' is insigniii- cant. Waste of life insignificant ^^ The evidence advauci'd in the Report 95 Percentageof seals lost l»y Indians 95 Percentage of seals lost hy white hunters 95 Tabulated statements of white hunters 96 Inconsistencies of statements 9(i Sources of "White Hunters'" table 97 Table only gives seals lost by sinkin,^ 97 Seals lost by wounding 98 The bases for the apology unwarranted 99 Second, Nkw Matteu Ai,i.k not Hkuktofouk Discussisd. llubitu ofthcfiir-Hcala. 1. That the Alaskan seal herd has a deflned winter habitat. The "winter habitat" theory 100 Object of i)roi)()sing this theory 101 The bulls do not resort to the " tvinter habitat" 101 The data insutlicient to establish 102 Testimony in opposition 103 Seals followed aloiKj Vancouver Island 104 Seals scattered during winter months 104 Seals found in hit. 40" N. and long. 172° W 1C5 New migration chart presented with Counter Case 105 2. That the Alaskan seal herd has changed its habits as a result of disturbance on the breeding islands and of pelagic sealing. Increased pelagic nature alleged 106 "Stagey " seals taken at sea 106 Table of average catch per boat and per man 107 Why averages for 1885 and 1886 are not used 107 Such a VI rages of no value 107 Average (lor boat in " spring catch," 1886-1891 108 Increase i)elagic nature, an assumption 109 Chiinge of rookeries based on hearsay 109 New Asiatic rookeries 110 r-*ii VIII TAULK OF CONI'I'.NTS. Wp 1 ! 'i I It n il Skconk, \i:w Maitkii Ai.i.KiiiD not IlKiir.ioroiti; HiscrssKii— rontiiincd. UuIiHh of llit'/in-m Heeonnt at San Frani'iseo 1 Id A few liiindles opened I'd I'aekini; and sliipuient IH> Only two skins in a liundle 117 Thice skins in a linndle would ht' detceted 117 Ini]ili('d fraud in weight of bundh^s IIM Explanation of weight llf* Various ccnints of skins conijiared H^ I'i'aetieal a<;reeni(!nt of counts Hi* Moore's report of 1875 Hi' Eni])loy<''s of lessees as Governiueat ii'^onts iliO Tinitp, lJi-.(iri.ATi()Ns I'HorosKi) in tiii; Hr.roitr. The only re^inlations auflficient 121 Jurisdieticui of 'I'libunal ol' Arbitration 1-1 Unfairness of rejiulationa projxjsed 1-2 (a) Improrcmciilx hi lliv milliodii of la Liu fi ncala On Pribilof Islands V22 At sea VSi I'se of the rifle (disolete 1-3 Licenses applied to only one-lialf of the hunters 1-3 Increased licenses of steam vessels of no value 121 (b) Itvulrirtioti hi lliv niimlicr of seah to he Inken. Unfairness of lindtarions ])ro])osed 125 (c) Specijic nclicmc of iv(jnlalioiiH recommenihd. Regulations recommended 125 Limitation of (piota on I'ribilof Islands 125 Proteeti ve zone proposed : - 125 Close season projjosed 12fi Basis of proposed close season 126 Close season would have little c^tt'ect 12G Not entering Boring Sea before July 1, uo coucesBiou 127 •wn I'llU'O. 11(» ill ''1 111 111 11'.' ■'[A IIL' li:) .>h| 111 'i'T 11.-. 11.-) nS^H 11.-. ''^fl lu; I'C. titt ■^ 117 117 IIM ll.S 118 11!) llil 120 'M 121 121 122 122 123 '■^i'WH 1L':5 ^';)((i//(' xchiiiic of mjiiliilioiiH vvcommvndvd — (JontiiiiKMl. Vatfe. "Coiupinmiitory ndJiistnusiitM" jin. posed 127 Sii|i|.i.«iil prlnKi"' liil'li. U).(IO() a wct^k 12H ' iil'iilriifisx ol' ('i)iiiiiii>si()ii(MN HJiowii 128 Alteniiitivt! iiietliod.s h{ rrj;iiliiti(.iiH 128 KEI'I.Y OK TIIK CNIIKU STATKS TO IIIK IJUIlTSll CL.MMS 1 i»l! K.VM.UiKa. SciziiriH iidmitti'd 129 rrniiil.itii.il 1.1' belli iiiji in liciiiifj; .Sen 1211 lien SOI IS wliv si'iziiri's wiTi' iiiiicli' 130 Vessels seized, o\\ lied l.y I'liited .StiiteH oiti/eiis 130 Keliiiiiiiis of Moseowit/., Warr'Mi iiiid Cooper 131 Josej.li i'oseowitz. I'liitt'd Stiltis eitizeii, owner 131 A. .1. Ileelitei, I'lliti'd Stiites eili/tMi, owner 131 A. Friinix, I'nited States eilizen, owner 132 No (laniafieH Ciiii he awarded I'or j.ro.spui^tivt; prolits 133 Decision in (ieneva A rl.it ration 133 Ail diiniiii,'es elainied exeeHsive 134 C^iieslions siil.inil led under Aitiele \'III 131 Cot'NTtit Case isKASsKiut* tiik i-ositions takkn in hik Case 135 APPENDIX. Page. Diplomatic Coi?nK.'*rnr)i.:vcK : Kelatiiift to the iiilerpretatiou of tho Treaty of Arhitration 139 Itelatinjj; to erroneous traiislatioiis of certain Ilussiaii doennii'iits referred to in the Case of tlie l'nite,d .Slate.s 151 Amended transhit ions 151 Eelatinji; to Cases of ilie Pearl, Loriot, and Harriet 175 Case of the I'atrl 175 Case of the l.itriitt IHO Case of the Ilaniet 184 RiT.SSIAN DOCUMKNT.S Kelatinjr to the nninlier of seals killed on St. Paul Island, ISfiO-lSfiG 193 Kehitiiig to the visits of foreijrii whalers to IJt^rin^- .Sea 199 Seizukks of Amkkican and HKITI8U Vessels uy Russia in 1892 201 Ml II i TABLE OF CONTENTS. Pago. Official Rkpc )RTfl 207 Kciioits of Cajil. IIotiiKT 207 Orders to Cant ] looper 207 Report, (lateoper 301 s and 304 oscc 313 315 316 316 ; the 320 327 329 ;iTKD 339 341 353 f COUNTER CASE OF THE UNITED STATES. INTRODUCTION. Pursuant to Ai-ticle IV of the Treaty of Ar- ConnterCaae. bitration of 18!)2, between the United States and Great Britain, the Agent of the United States herewith presents to the Tribunal of Arbitration the Counter Case of his Government, accom- panied by certain additional documents, corre- spondence, and evidence, in reply to the Printed Case, documents, correspondence, and evidence heretofore submitted by Great Britain. The United States conceive it to be the main object of same, object of the Counter Cases to present matter in rebuttal of such points raised by the Cases as have not already been sufficiently dealt with, and could not reasonal)ly have been so dealt with, therein. They do not, therefore, regard them- selves as now called upon to traverse all the posi- 123G4 1 1 _ n INTRODUCTION. ni! Original British CasH and supple- ment. Object of same, tioiis maintained by Great Britain in its Printed Case, and, where any of such positions not dis- cussed or refuted herein are at variance with those assumed by the United States in their Printed Case, the Tribunal is respectfully referred to tliat document for a sufficient expression of their views concerning- the matters iu controversy. The United States will deal more fully in 1 at later stages of this controversy, through the printed and oral arguments of their Counsel, wii li all matters requiring argumentative discussion. On the 5tli day of September, 1892, the Ageur of the United States received from the Agent <»f Her Britannic Majesty copies of the Printed Case of Great Britain. The United States considered that the Case thus presented was not a full com- pliance with the terras of the Treaty. A diplo- matic correspondence between the two Govern- ments followed, in which the position of the United States in regard to tliis matter was fullv set forth, ^ and, as a result of this correspondence. Her Majesty's Government delivered to the Agent of the United States and to the Arbitrators the Report of its Bering Sea Commission, accompa- nied by the statement that the Government of the United States was at liberty to treat this Report as a part of the British Case. The United ■ ■.f ■X ' Post, p. 139. INTltODUCTION. g States have accordiiio-ly notified Her Majesty's Orijrini.i RiitiaU (jroveriimeut that they regard tlie Case first pre- '"^'it. sented and the above Report, taken together, as the whole of the British Case, and that no further opportunity is afforded under the Treaty for tlie introduction of matter not properly in reply to the Case of the United States.^ For the sake of more convenient reference the term "British Case," when standing alone, will refer to that portion of the same first pre- sented. The term "Report" will refer to the portion last presented, consisting of the Report aforesaid. iFoatfp.m, h . f' n^ ^H'h P) !!■ PART FIRST. REPLY OF THE UNITED STATES TO THE BRITISH CASE FIRST PRESENTED. I '>{ if •! ''■)'■ » PART FIRST-. REPLY OF THE UNITED STATES TO THE BRITISH CASE FIRST PRESENTED. // . , ,. THE TRUE ISSUES IN THE PRESENT CONTROVERSY. It appears, from an examination of the British Difference of viewH iis to object Case and the diplomatic correspondence above of Arbitiatiou'. referred to, that a different opinion is entertained by the two Governments as to the object and scope of the present Arbitration. Tliat Case is \. . ,'j. devoted almost exclusively to showing that the Government of the United States is not entitled '' ' ' to exercise territorial jurisdiction over the waters ; / ^ r ' -'; of Bering Sea or to exclude therefrom the vessels of other nations. On the other hand, the Case of the United States makes it plain that the main object had in view by the latter Government is the protection and preservation of the seal herd which has its home on the Pribilof Islands. The distinction between the right of general Protection of seals tlip niiiiii ob- and exclusive jurisdiction over Berinsr Sea and.ieit of Arbitra- '' *' tiou. the right to protect the seals from extermination is wide and obvious. In order, therefore, to show A /♦' >• saa 8 THE TIU'E ISSUES. S i ] '\ . 11 Protection oftliat tlio liittor, aiul not tlie former, is tlio main noiiIm tli(^ iMiiiii nb- jcct of Ari)itni-(.m,sti()n before tlio TriUiinal, tlie Ayont of the tiou. ^ . United States deeiiis it proper to place clearly before it some im})ortant considerations toucliing the manner in wliich the controversy resultiiif^ in the Treaty of Arbitration arose, and to indicate what have at all times been rej^arded by the United States as the essential issues. Oriffin of juris- The diplomatic correspondence shows that as (lictioiial loiilro- , , i i t • i -t i . ^ veray. early as the y^ear 1(S87 the United States claimed a property interest in the sesils of the Pribilof Islands; that the question of sovereignty over Bering Sea was first introduced by Her Majesty's Government and was not touched upon by the United States 'a the correspondence until three years after the first seizures of British vessels had taken place; and that the subse([uent discus- sion of that (iuesti(m has been at all times inci- dental to the main ([uestion/ viz, the jiroper pro- tection of the seals. Lord Saiisi.nry On the lOtli of September, 1s, Vol. I, p. 102. '^ Aiipcnilix to Ciiso of tbo IJuitt'd States, Vol. I, p. 168. 3 Appt'iiilix to I'iisc of tlie United States, Vol. I, p. 172. * Appendix to Case of the United States, Vol. I, pp. 175,212,218. ^ 4. .-"> V '^ < - • > In*': xju Vl 10 THE THUK ISSUES. •,(' Mr. nixyiird in- Oil tliG 2(1 of Maw'li, 1888, ^[r. liayiml affain vitPH into Ilia- ^ ' ' J to tioniii coijptiii-iiisistwl on the necessity of protecting tlie seals **by an arrangement between the g-overnnients interested, witliout the United States being called upon to consider what special measures of its own the exceptional character of the ])roperty in question might require it to take, in case of the refusal of foreign powers to give their cooi)era- tion."^ At pages 168 to 194 of Volume I of the Appendix to the Case of the United States will be found the correspondence relating to the pro- posed international measures. Mr. Rinino'8 ()„ the 22d of January, 1890, Mr. Blaine, Sec- ntfinoiit oi tlio ^ ' ' retary of State, wrote to Sir Julian Pauncefote, Her Majesty's Minister: "In the o[)inion of the President, the Canadian vessels arres' I and detained in the Behriug Sea were engagid in a pursuit that was contra boms mores, a pursuit which of necessity involves a serious and permanent injury to the rights of the Gov- ennnent and the people of the United States. To estal)lish this ground it is not necessary to argue the question of the extent and nature of the sovereignty of this Government over the waters of the Behring Sea; it is not necessary to explain, certainly not to define, the powers and privileges ceded by His Imperial Majesty the Stat issues. ^ i* .1- 4 w I Appomlix to Case of the United States, Vol. I, p. 175. THE TiaiE I8SUES. 11 Jnstifloation of seizures. Einnoror of Russia in tlio troaty by which tlie Mr. Rial no's ' -^ •' Hfatiiiiont of the Alaskan 'rerritory was transferred to the United iM»«8- States. The weij^dity considerations growing out of the acquisition of tliat 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 Gov- ernment rests its justification for the action com- plained of by Her )[ajesty's Government.'" The grounds set forth were these: (1) The value of the sealeries and the absence of any interferenctj with them down to 1886. (2) That the taking of seals in the open water rapidly leads to their extermination, because of the indiscriminate slaughter of the animal, espe- cially of the female ; with which slaughter Mr. Blaine contrasts the careful methods pursued by the Unitcu States Government in killing seals upon the Islands. (3) That the right of defense by the United States against such extermination is not confined to the three-mile limit, and Mr. Blaine remarks as follows: "Does Her Majesty's Government seriously maintain that the law of nations is pow- erless to prevent such violation of the common rights of man ? Are the supporters of justice in ' Appoudix to Case of the United States, Vol. I, p. 200. 12 THE TUUi: ISSUES. seizures Lord Salisbury afjiiiu iutroduces ukuse. justitiration of all uatioiis to bo declared incompetent to prevent wrongs so obvious and so destructive? "In the judgment of this Governm'^nt, the law of the sere is not lawlessness. Nor can the law of the sea, and the liberty which it confers, ind which it protects, be perverted to justify acts which are inmioral in themselves, which inevitably tend to results against the interests and against the wel- fare of mankind."* These were the questions involved, according to the view of the Government of the United States. But, notwithstanding the clear manner in which they were presented, and the explicit statement of Mr. Blaine that the right of the Unitv^d States to protect the seal does not depend upon the nature of their sovereignty over the waters of Bering Sea, Lord Salisbury in his note of Miiy 22, 1 890,^ again recurs to that subject by quoting Mr. Adams's protest against the ukase of 1821, relying thereon to establish the right of British subjects to fish and hunt throughout Ber- ing Sea outside the three-mile limit, which right, granting it to exist, Mr. Blaine had already stated, would not afford the requisite justification.^ ' Appendix to Case oftbe United States, Vol. I, p. 200. • Appendix to Case of the United States, Vol. I, p. 207. * Appendix to Caae of the United States, Vol. I, p. 202. -H\ etent to prevent ^tive? rnm'^nt, the law an the law of the fers, ;md which ' acts which are svitably tend to gainst the wel- !ved, accordinir of the United 3 clear manner id the explicit e right of the nos not depend gnty over the iry in his note hat subject by it the ukase of I the right of roughout 13er- which right, I'eady stated, fication.' ol. I, p. 200. ol. I, p. 207. ol. I, p. 202. I THE ERRONEOUS TRANSLATIONS. 13 It thus appears that at th' inception of this United states ^'- sought iiitcniii- controversy the United States asserted no right tifuai ugiociueut. to sovereignty over Bering Sea, but sought the concuiT • ce of Great Britain in an international agreement for the protection of the seals, and that it was not until after this effort had failed, on ac- count of the opposition of the Canadian Govern- ment,^ that the Government Oi the United States undertook a reply to Lord Salisbury's assertion that the treaties of 1824 and 1825 with Russia precluded it from protecting the seals in Bering Sea beyond the tlu'ee-mile limit. It was in this manner that the first four questions stated in the Treaty of Arbitration were raised. It ii noi, in- tended to say that they did not occupy a promi- nent place in the diplomatic correspondence, but only to point out that, long before they had ', arisen, the other and more important issues sub- mitted to this Tribunal had been the sulyect of elaborate discussion between the two Govern- ments. — i THE ERRONEOUS TRANSLATIONS OF CERTAIN RUSSIAN DOCUMENTS. Sometime after the United States Govern- impoHition prac- j 1 1 1 T T •. /-I ,11 /. TT ticiul upon IJiiitotl ment had delivered its Case to the Agent of Her states Goveru- T» • •-»*-• • 1 11 nieut. Britannic Majesty, it learned that an imposition ' Appeudix to Case of the United .States, Vol. I, pp. 215, 216, 218. !j 1 14 THE ERRONEOJS TRANSLATIONS. J^ «»v^ H i*.( I Imposition prac- had been practiced uijoii it by a faithless official, ticcil upon United r i j j States Govern- and that it had relied on certain translations of lueut. Russian documents made by him, appearing- in the first volume of the Appendix to its Case, which translations had in reality been falsified to a considerable extent. Notice of this was im- mediately given to the Agent of Her Britannic Majesty, and as soon as possible he was furnished with specifications of the false translations and with revised translations of those documents which the United States now retain as a part of their Case.^ Copies of the revised translations and of the notes sent by the Agent of the United States to the Agent of Her Britannic Majesty in connection with this matter have already been delivered to each of the Arbitrators. Pnrtiai restate- Some evideiicc wliicli the United States Gov- nicnt dl' its Case ucucssary. eriiment had relied on, to prove that for many years prior to the time of the cession of Alaska Russia had prohibited the killing of fur-seals in the waters frequented by them in Bering Sea, thus turns out to be untrue ; and it now becomes necessary for the United States to restate, in part, ' their position in respect to some of the questions submitted to this Tribunal. In so doing they will at th'3 same time introduce such criticisms upon, or rebutting evidence to, the British Case as may seem to be called for. ~ ^oet, pp. 151-174. '1 :l II ess official, slatious of peariiig- in ' its Case, falsified to 5 was im- Britainiic, furnished tions and ocurneiits a part t)f luslations le United ajesty in idy been tes Gov- or many Alaska seals in n^ Sea, )econies in part, ' lestions ey will upon, as may m PEUIOD PRECEDma THE TREATIES. 15 THE SITUATION ABOUT BERING SEA AND ON THE NORTHWEST COAST DOWN TO THE TREATIES OF 1824-5. Russia appears to have first definitely asserted Russians coio- , . , ^ , . T 1^ . nial system. her rights to the terntory smToundmg iiernig Sea, and to the Northwest Coast of America bor- dering upon the Pacific Ocean, in the ukase of 1799. It was clearly the intention of the Russian Government, as manifested both by this ukase and by its subsequent action down to the time of the cession of Alaska to the United States, to i maintain a strict colonial system in the regions above mentioned. And the records show that down to a period as late as 1867, the year of the cession of Alaska, Russia persisted in this policy, although the control she exercised over those distant regions was not always vigilant enough to prevent a certain amount of unlawful trade with the natives from being carried on there in disregard of her prohibition. The ukase of 1799 was directed against for- ukaseofnoo. eigners. Upon this point a quotation is given from a letter from the Russian American Com- pany to the Russian Minister of Finance under date of June 12, 1824, as follows:^ "The ex- clusive right granted to the Company in the year 1799 imposed the prohibition to trade in those ' A facsimile of this document was delivered to the British Gov- erumeut ou November 12, 1892. 16 PERIOD PRECEDING THE TREATIES. if! Ukase of 1799. regioiis, iiot oiily upon foreigners but also upon Russian subjects not belonging to the Com})any. This prohibition was again affirmed and more clearly defined in the new privileges granted in the year 1821, and in the regulations concerning the limits of navigation." This interpretation of the ukase of 1799 is sustained by the subsequent history of those same regions. ,S}^\^^T^ I of In Chai)ter I of the 13ritish Case an endeavor Hntisu Case. ^ is made, however, to show that under tlie ukase of 1799 Russia reserved to the Russian American Company no exclusive rights as against foreign- ers, and that for many years prior to 1821 the waters affected by the ukase had been freely used for all purposes by vessels of all nations. This is sought to be made out by treating the waters of Bering Sea and those adjoining the Northwest Coast of America as a single area; ^ and numerous instances are referred to in which portions of this area, namely, the shores and waters of the American coast east and south of Kadiak, were visited by foreigners for trade with the natives. Distinction he- The territories and waters which the British f wct'ii Ilcriiifr Soil i(>«;i..n and Paciiic c.,ge tlius coufouuds the United States have Occuu. carefully distinguished, and they take issue with Her Majesty's Government upon the point that ' British Case, p. 13. ti PERIOD PRECEDING THE TREATIES. 17 also upon Company, and more granted in oncerninff •etation of ibsequent endeavor tlie ukase A.mencan t foreign- 1821 the 3n freely nations, itiiig- the iiino- the t3a;Suid wliicli •es and outh of trade 3rifish ■i have le with it that "no claim has been advanced by Russia which Distinction be- •^ tweeii Muring Sea between '■•'K'"" ""♦i f^icifio Ocean. could possibly render a distinction Behrinj^ Sea and the main Patdfic of the slightest importance" (British Case, p. 60). The United States have devoted a portion of their Case, under the title "Claims to the Northwest Coast" (pp. 26 to 33), to showing that the part of tho American continent which is washed by the North Pacific Ocean was being constantly visited by vessels of all nations, and that serious con- flicts arose as to the trading rights there. Indeed, of all the voyages of foreign vessels, whether for discovery or trade, enumerated at pp. 14 to 20 and 29 to 31 of the British Case, not more than two or three relate to the shores and waters of Bering Sea. The fact is, that, while Russia's title to everything south and east of the Alaskan Peninsula was, in the early part of this century, in serious dispute, her title to the coasts north of this peninsula and to the Aleutian Islands, based upon prior discovery and occupa- tion, was admitted on all sides, and her rights there were respected by all nations. This has already been pointed out.^ The British contention (British Case, pp. 33, 35, 64) that the United States contested Russia's 'Appendix to Case of the United States, Vol. I, pp. 12, 13, espcciiilly the extracts from the Quarterly Review and the North American Review. 12364 2 18 PERIOD TRECEDING THE TREATIES. li;. Distinction be- title to oiiv poi'tiou of the Noi'tli American con- n^jtiou and Pacific tineiit is Sufficiently disposed of by a remark made by Mr. Middleton, in which he shows that he is merely denying her claims to any portion of the coast east and south of Prince William Sound, or thereabouts. He says, speaking of the early Russian discoveries: "From these dis- coveries Russia derives her rights to that long chain of islands intervening between the western and eastern continents, and even to a very con- siderable portion of the continent of America — ^- rights which have never been contested."^ Ukaso of 1821. The ukase of 1821, which was a renewed dec- laration of the colonial system already referred to, prohibited to foreign vessels the approach within one hundred miles to the shores of Bering Sea and to a large portion of the Northwest Coast of America bordering on the Pacific Ocean. The objects thereby sought to be accomplished are set forth at pp. 38 to 40 of the Case of the United States. Character of Mucli misconceptiou exists in the British Case control claimed -^ over liering Sea. ,^^ ^o the character of the control which the United States claim was exercised or intended to be ex- ercised by Russia within this limit. The Govern- ment of the United States has already shown, at p. 57 and pp. 295 to 303 of its Case, that it does ' Appendix to Case of the United States, Vol, I, p. 13, and Ameri- ean State Papers, Fortjign Relations, Vol. V., p. 450. PERIOD I'RKrEDING THE TREATIES. 19 Tican con- a remark ihows that ly portion e William 3akiiiir of these dis- tliat lonsr e western v^ery cou- uierica — wed dec- ' referred approach >f Beriiiff orthwest Ocean, plished of the sh Case United be ex- rovern- 3wn, at it does id Amori- not impute to Russia an intention to treat the one- riinmrtor of :i I'oiitnil clai hundred-mile belt as territory belonj^ing- to her, <>vci' Bering s«a. with the riji'ht to exc^lude therefrom vessels of other nations for all purposes. Nor have the United States any wish to dispute the construc- tiou given by the British Government at pp. 38 to 40 of its Case, so far as it is designed to show that the main purpose of the ukase of 1821 was the protection of Russian interests upon the shores of the colonies, and that its maritime pro- visions were only intended to serve the jmrposo of etfectually carrying out such protection. —f The distinction between the right of exclusive No exclnsive " tciri tori ill Jiiris- territorial jurisdiction over Bering Sea, on the ••i'^ti"" claimed, one hand, and the right of a nation, on the other hand, to preserve for the use of its citizens its interests on land by the adoption of all necessary, even though they be somewhat unusual, meas- ures, wiiether on land or at sea, is so broad as to require no further exposition. It is the latter right, not the former, that the United States con- tend to have been exercised, first by Russia, and later by themselves. The ukase of 1821 evoked stronsr protests. Protests aRainst " ^ ' ukase, ana result- and the character of these protests is explained at ™^' tJ^^eaties. pages 50 and 51 of the Case of the United States. It is further pointed out at pages 52 and 53 that in the treaties resulting from these protests 20 PERIOD PRECEDIN THE TREATIES. Case Pearl. of 1 Protests afiainst a clear distinction is intended to be drawn be- nkaHv, and remilt- ing trottties. tweeii the Pacific Ocean and Bering Sea, and that by formally withdrawing the operation of the ukase as to the Pacific Ocean, but not as to Bering Sea, a recognition of its continued opera- I tion over the latter body of water was necessa- rily implied. The chief evidence, aside from that contained in the treaties themselves, upon which the United States rely to establish this conclusion, is the seventh paragraph of the conference report of the Russian imperial committee, appointed in 1824, which report is referred to at page 54 of theii* Case.^ *^® At pages 57 and 78 of the British Case an incident arising out of a voyage of the American brig Pearl is cited to prove that, in the year fol- lowing the promulgation of the ukase, Russia acknowledged the maritime jurisdiction claimed therein to be without warrant as to any of the waters' to which it related. The facts of the case are not, however, susceptible of such an inter- pretation, as will appear from the following: (1) The Pearl was in the year 1822 suddenly ordered out of the harbor of New Archangel, where she had been lying for nearly a month.* (2) The day following she was boarded by the ' The revised translation of this report ajtpears in the Appendix to the Counter Case, p. 157, and should be consulted. *Poit, p. 175. ^ \ I drawn be- ;• Sea, and •eration of t not as to led opera- 8 necessa- I from that )on which inclusion, ice rep(>rt •ointed in )4 of theii- Case an American year fol- i, Russia claimed y of the ;he case n inter- ug: ddenly langel, onth.^ by tlie ippeudix PERIOD FOLLOWING THE TREATIES. 21 Russian cruiser Apollo, but there is no evidence Caso of the ^ ' , Pearl. to sliow that tliis boarding occurred in extrater- ntorial waters; on the contrary, the just inference from the words used in the protest "Ordered to leave the coast immediately," and from the single casual mention of the occurrence, is that it took place near the shore.^ (3) The owners not only pleaded complete ignorance of the ukase (and in this they were sustained by the fact that the vessel had sailed before the United States had received notice of the same), but they distinctly admitted that they would have obeyed its injunctions had they known of it.* (4) The Russian Government insisted up to the veiy last that the Pearl had violated Rus- sian law, and that the indemnity was paid only with a view " to cement those amicable relations to which the convention of April 5-17 has just added new value."' PERIOD FOLLOWING THE TREATIES. The strict colonial system, inaugurated by continnation of Russia through the ukase of 1799 and recognized""^""'"' '^"''"'• in express terms to exist by the treaties of 1824 and 1825, was continued throughout the period • Post, p. 176. «Po«<, p. 177. '> Post, p. 180. 'i! 22 PERIOD FOLLOWINO TIIK TREATIES. followiii}^ the celebration of those treaties, and clear evidence of this is furnished by the case of ^^Caao of the lo- the LoHot, cited at pp. 7J) to 83 of the British Case. Deeming- this incident only indirectly relevant to the question of right in and about Berinj^ Sea, the United States dismissed it in their Case with a very brief mention ;^ but the importance g-iven it by the British Govermnent now requires a more comi>lete statement of the facts and issues involved. The treaty of 1824 granted for a term of ten years certain trading privileges ui)on the coast between Yakutat Bay and latitu^le 54° 40' north.^ On May 19, 1835, the United States were noti- fied by the Russian Minister that the jmvileges had come to an end and that the captains of two American vessels at Sitka had been requested to take notice of this fact. The United States there- ui)on initiated strenuous etforts to obtain a re- newal of the privileges in question, and while doing so news was received of the seizure by the Russians of the Lorint, an American vessel, for trading upon the Northwest Coast, in latitude 54° 65' north, i. e., just above the southernmost limit referi-ed to in the treaty of 1 824. ' Case of tho United Stiitcs, p. 59. "Case of the Uuitcd States, p. 58. % -|i^ PERIOD FOLLOWINO THE TREATIES. S8 o f tllG Case of the Lo- riot. Vig-oroiis protests followed on the p United States and compensation was demanded, the protests being used to strengthen the claim already put forward for a renewal of the ten years* j)riviloges. A sunnnary of the diplomatic corre- spondence will be found in the Appendix hereto.* It is sufficient to say here that the Russian Govern- ment was 80 obdurate in its refusal to recede from its position, that the United States Govern- ment was eventually compelled to recog-ni/e the correctness of the same and to completely aban- i don its claim. In so far, then, as the Loriot case has any bearing upon the questions here in- volved, it shows that the United States GoveiTi- ment recognized and acquiesced in the colonial system which Russia maintained, even to the south of Sitka. ChaiiterlVof the British Case treats of the waters,, cii'jpter iv of of Bering Sea and the Pacific Ocean adjacent to the Northwest Coast durhig the period following the treaties. Some of the vessels referred to as having made voyages to those regions visited the Northwest Coast only where, it is to be remem- bered, for ten years after the treaties trade was car- ried on by American and British citizens with the express consentof the Russian Government. After 1835, however, most of the voyages that extended 'Po««, p. 180-184. 11 'A Ili> I 24 PERIOD FOF.LOWINO TIIK TKKATIFS. chaptor IV of'to the coiist iKU'tli of ljititii(l(i .54" 40' wore in the Urilisk Cuhu. violation of Ivnssian law. All violations may not have l)oon jjunislicd, but that tho law was none tho loss in force is shown by the seizure of the Loriof, by tlu^ j)ro('laniati»>n of the United States Gov(!rinuent in 1845,' and by the ])roclaniation of the Uussian Government in 1" time the boavd „f ', ^* *" n-"'il«f Islands, wWc rr 'r^""'-"-*"*? "'« tl,6 Corananv fin! '""'' ""I'"'*'"™ to ^w'u|Miij, troni a relief f foil nf^u ^^ on tJie nart nf f • ""'''"" ''^^ternpts "^ pait ot roreio-ner>< Tn ^ i. ' "■^ «>-•". of ti,o:e"; J: Snr "■;'" boanl has ah-eady Zi^^ i! "" ""'""' "- dh-ectod to order',,:;: : ',7'"'.""- ^°'' "^ P«. attention to th:'SiL;ri::''^ OnthelSthof April 18 r,o„ u !-ationa,ai„...ote ,;':t^''"^^^'-- ins• the visits of fo,.ei„„ I """r"' •'™''<'™- «6»jvhalei^ and stated that ' Post, p. 199. m 'a^ PERIOD FOLLOWING THE TREATIES. 27 seal herds ffgi'ounds. is certain: ' 1850, or '"Pport of n that a the colo- red. ''s visited I'om the i^merican »'> dated ■'At the on ex- 1", have ■ing- the allege to tern])ts 1 until ?rs hy . ? the HI are opay n imin- cern- that it had requested the ffovernor-general of East- Evidence of '■ a o HnvvcilliMice over em Siberia, "in order to save tlie Company from i^niiua Sea injury caused by such occurrences, to issue in- structions, making' it the duty of such armed cruisers as his excellency may have at his dispo- sition to patrol the colonial seas, especially around the Commander Islands," where the for- eign wlialer« were repoi'ted to assemble in great numbers in the summer season. Continuing, the board directed the chief manager " to lit out a Company's cruiser, independently of the naval cruiser, and to instruct it to cruise in those places where, on close investigation, it may appear uec- essavv , "1 Oil the 20th of March, 18r)3, the board of administration of the Russian American Com- pany wrote to the chief manager, giving full directions as to the disposition to be made of the colonial fleet in that year. One vessel was t,) "be sent at the end of A})ril to cruise and kee[) a watch over the foreign whaling vessels in the southern part of Bering Sea and along the Aleutian group," and this vessel was to cruise throughout the above district contimiallv, enter- ing port only in cases of necessity. Another vessel was to proceed to the northern jjart of Bering Sea and there do duty as a cruiser "to keep watch over the foreign whaler.^ and tho » Post, p. 200. 28 ! ». I'KRroD POL,.owi..a the treaties. """'« -■ by «.e,„ with ou.. JvllL . "'* """■"'" » toiJ:e2:::r"*''^7""^'--f*'»'ottor « oniet manager 13 as follows: "Tint ,1, '"■"al aeas, so for as possible, be visited' """ P« by the Company's en i 7 '™''^ Po-ofkeepingwi/ ;"/".■■'''«'-- f">- fln-s »nr,M«p ;„ • ■ foreigners, and 8er, ,1 T ^""^ i"stmctions to om- crui "•••"Ting on their fishery in Heri, ! s ?' "''" ™fe that the Con,p,„,;/J^«/«^' ''''<• «'■■ as possible, „„der ,!,„ '"'' '" officers."' " '■"'"'"'""' of "aval Onthe20fhnf,ji,„ i«fi, „ ,. „ uiAinan, of the nnjierial navy "i, 'a» come to my knowledge tint f J ' , >ng vessels lin,-„ I ''™ "ba - o esscis ha>e been sent this year from s Franc,.,eo to trade on the Pribil, f L 7 therefore re,n..st yon,, e.ee lie f ' ^ time app,H-„ted for yonr vlv / , "'' *" cntiser „„ the exa^r " ° ' " ''° "^"'y "» * '-with inc^r Xh i;:! '"^ '•"*-"•- tte_Emperor.- '""" W™ved by ' ^'oat, p. 161. •■Po»<, p. 162. H^«.MMMMMMe«4 carried on this letter •:•? at the CO- • m every the ])ur- 4 lers, and our crui- iiitended vessels, ;liey are lid pro- ofed for he, so naval annf^er *iSM • "It whal- n San Is. I g the ,«^B ' as a tions dby PERIOD FOLLOWING THE TREATIES. While it does not aniiear from any of the fore- Conclusions "■ ^ "^ from foregoing ffoinff documents to what distance from the sliores evidouce. of Bering Sea Russia actually sought to protect' her colonies against inroads from foreigners, yet there is nothing to show that she had in the meanwhile receded from the position taken in the ukase of 1821 and sanctioned, as the United States claim, by the resulting treaties. On the contrary, the broad language in which a patrol of the colonial seas is directed to be instituted, especially about the Pribilof and Commander Islands, strongly suggests that even at this late period Russia was still safeguarding her colonial interests by all necessary means. It is true, no ijistance a'lpcnirs to have been v recorded where a ves.sel w^as warnou or seized | for actually killing lur-seals in the waters of ] Bering Sea. But in view of what we know of | Russia's solicitude and care for her sealeries, especially in the years following 1836, it can not be doubted that such killing, had it occuiTcd, woTld have been regarded as unlawful. In mak- Rnssiii's action n-- flu assertion the United States believe tliey"ii«y^- u\ f;>*i sustahied by Russia's action during the sir.u'- ^r of 1892. In that year sealing vessels assembled in great number" about the Com- mander Islands and killed f a--seals in the extra- \ territorial waters surrounding this grouj). Russia, I 30 P-HIOD POU.OWIXO THE TREATIES. .il •■'^■" '"*^ TREATIES. g-'-eater than three mHe f "^ '^''''''''^ .. Final oWva. J,, ,^. . '^ '"^^"'^ ^^'^'^ ^iiy Ian(P <";>isni,on),i.stori- ^^^ COllclusiOll, and bv wn^r ^+' /; , t'oiiai .luestious. "P«ii tl>i3 branch of the ermf,.^ '^^enation "evv the wholo subfoct of I , ^ '" "' right in ■ " ".""'""™' »"" --rtionof once the eto ,■;""''''? '"'^™ l''«- ■" -*■- 0"ii Mild piopcity ciiiiuis. proposition snbniitted in the iifth question of Article VI, viz, whetlier tlie United States have any rig-lit of protection or of property in the I'ur- seals of the Pribilof Islands when found in extra- teiTitorial wsiters, is described as new in the present discussion and as being- of an ini]Hvce- dented character; all of which the United States deny. lUstory of pro- In vicw of the corresjiondence which has re- ti'ii iciii Mild prop- eit.v ihiiuis. suited in the submission of the fifth question to arbitration, this declaration is most surprising-. As early as August ID, 1887, Mr. Bayard, in his note, sent out with the ho])e of obtaining- the co- operation of all g'overnments in the })rotection of the seals, speaks of the " exceptional measures which the peculiar character of the property in question" might justify the United States in taking toward its })reservation.^ A similar state- ment was again made by hinv Alarch 2, 1888.'' Mr. niMint' in- Mr. Blaine, in his note to Sir Jidian Paunce- sists (III right of protoctiou. tote of January 22, 1890, in.sisted on the riglit of the United States to protect tiie seals, cpiite irre- spective of any peculiar rights in Bering Sea.^ ' Appondix to Cim^ of UnittMl States, Vol. I, p. 168. "Appendix to fuse ot United States, Vol. 1, p. 175. »Appemlix to Caso of United StatfH, Vol. 1, p. 200. WH PROTKCTION AND PKOPKRTY RIGHTS. 33 PROPERTY ). I Case tJio uestioii of tate.s I lave in tlio fur- l in extra- w in the ini])ivce- eU States of This note has already been referred to at some Mr. niaine in •^ sists on right o length (ante, \}. 10), and some of the (grounds have protoctiou. been pointed out u})ou which the United States Government deemed itself justified in its action. Mr. lUaine assimilated this right of protection to tliat confen-ed upon Great Britain by her "owner- ship" of the Ceylon pearl fisheries. Although it is not specifically claimed therein that the United States own the seals, }'et the point is strongly suggested, while the right of protection, irrespective of strict ownership, is asserted in clear terms. On June 4, 1890, Mr. Blaine wrote to Sir Mr. niainc as- serts owucrsliip in Julian launcetote: "May 1 ask upon whatseaid. grounds do the Canadian vessels assert a claim, unless they assume that they have a title to tho increase of the seal herd I If the claim of the United States to the seals of the Pribilof Islands be well founded, we are certainly entitled to tho increase as much as a sheep-grower is entitled to the increase of his flock." ^ On the 17th of December, 1890, Mr. Blaine Juri.s(iirtionni 11 1 i. i.1 1} -i.' 1 AT- • i. 1 • q"o«ti<>iiH not the addressed to tiie Jiritisli Mnnster an exhaustive tine issues, note in relation to the construction of the ukase of 1821 and the treaties of 1824 and 1825. ^ Notwithstanding the earnestness and vigor with ' Api)i"U(lix to (^aso of United Stiites, Vol. I, p. 219. « Appt'nilix to CiiRO of United States, Vol. I, p. 263. 12304 3 34 PROTECTION AND PROPERTY RIGHTS. Jurisdictional which he had (lefeiulecl liis position based 111)011 qiutHtioiis not the true issue. those docuiiieiits, he insisted at the close of his note that he had not been dealing with the true issues in the case; and he forthwith proceeded to state those issues by quoting the following from a dispatch written by Mr. Phelps when United States Minister at London to Mr. Bayard, Secre- tary of State, on the 28th of September, 1888:^ Mare ciauaum u ]y£jj(.h leaiTiinjj!' has been ex])ended ui)on the dis- doctnnc luappli- " ^ ^ ^"''^^"* cussion of the abstract question of the right of mare clausum. I do not conceive it to be appli- cable to the present case. Mr. Phoips as- "Hereis a valuable fishery, and a large and, if serts ownorsliip in ./ o seuieiics. properly managed, permanent industry, the prop- erty of the nation on whose shores it is carried on. It is proposed by the colony of a foreign nation, in defiance of the joint remonstrance of all the countries interested, to destroy this busi- ness by the indiscriminate slaughter and exter- mination of the animals in question in the open neighboring sea, during the period of gestation, when the common dictates of humanity ought to protect them, were there no interests at all involved. And it is suggested that we are pre- vented from protecting ourselves against such depredations because the sea, at a certain dis- tance from the coast, is free. 'Appendix to Case of United States, Vol. I, p. 287. rROTKCriOX AND PItOPKHTY HFOIITS. 35 based upon close of his ith the true roceeded to owing- from hen United ^ard, Seere- iber, 1888:* [)on tlie dis- lie rig-ht of ;o be appli- ^rge and, if ^ the prop- t is carried P a foreign istrance of this busi- md exter- the open gestation, ity ought 3st8 at all B are pre- inst such rtain dis- .287. " The siinie line of argument would take under Ml mi ts notjnH- tilinlili) licciiiiHo its Drotection inracy and the shn'o trade, when f«>"'i"'tteaouiiigh ' * •' sciia. iSi })r()se('uted in the open sea, or would justify one Uiitioii in destroying the conunerce of another by l)lacing dangerous obstructions and derelicts in the ojjen sea near its coasts. There are many tliintrs that can not be allowed to be done on tho oi)en sea with impunity, and against whieh every sea is marc daumm. And the right of self-defense as to person and i)ropert}' i)re vails there as fully as elsewhere. If the fish upon Canadian coasts could be destro}'ed by scattering poison m tho open sea adjacent, with some small })rofit to those engaged in it, would Canada, upon the just prin- cii)les of international law, be held defenseless in such a case! Yet that process would be no more destructive, inhuman, and wanton than this. "If precedents are wanting for a defense so Orowtimfintor- * ^ natioual law, necessary and so proper, it is because precedents for such a course of conduct are likewise un- known. The best international law has arisen from precedents tliat have been established when the just occasion for them arose, undeteiTed by the discussion of abstract and inadequate rules." The views thus expressed by Mr. Phelps were The united declared by Mr. Blaine, in his note, to be the i*iieips'B Views. ^' views adopted by the Government of the United States. 1 I I 36 Lord Salisbury in oiror. PROTECTION AND PROI'EKTY UIGHT8. On the 14th of April, 181)1, Mr. Blame wrote to Sir Julian Pauncefote: "In the opinion of the President, Lord Salisbury is wliolly and Btranjrely in eiTor in making the following state- ment: 'Nor do tliey (the advisers of the Presi- dent) rely, as a justification for the sei/AU-e of British ships in the open sea, upon the contention that the interests of the seal fisheries give to the United States Government any right for that purpose which, according to international law, it would not otherwise possess.' RiRhts arising uTi.^ Government of the United States has out ot ownership babuJ of seals! '"' 'Steadily lield just the reverse of the position which Lord Salisbury has imputed to it. It holds tliat the ownership of the islands upon wliich seals breed; that the habit of the seals in regularly resorting thitlier and rearing their young thereon; that their going out in search of food and regu- larly returnuig thereto, and all the facts and in- cidents of their relation to the islands, give to the United States a property interest tlierein; that this property interest was claimed and exercised by Russia during the whole peiiod of its sover- eignty over the land and waters of Alaska; that England recognized this pro})erty interest so far as recognition is implied by abstaining from all interference with it during the wliole period of Russia's ownership of Alaska and during the PROTECTION AND PROPERTY RIGHTS. m Jlaiue wrote opinion of kvliolly and ►wing- stato- ' the Presi- 3 seijiure of contention give to tlie It for tliat )nal law, it States has tion which holds that hich seals reg-ularly ? thereon; md regu- ;8 and in- ive to the •em; that exercised its sover- ika; that >st so far from all )eriod of 'ing- the first nineteen years of the sovereignty of the RiRhts nriRing *^ ° •' out of owuorHliip United States. It is yet to be determined whether ;>f , ihIihi'Ih and ■^ habits ot HuaiH. tlie lawless intrusion of Canadian vessels in 1886 and subsequent years has changed the law and equity of the case theretofore prevailing." The correspondence also shows that the habits , ^". ^^^ts roiat- of the seals, all the details as to their life on the ^Ijy^^'^/'^^y 'i"" Pribilof Islands, the character of their annual migration, and all the facts necessary to support the claims of protection and of property set up by the United States, have been the subject of careful investigation and discussion between the two Governments.^ I Apittndix to Rritish Case, Vol. Ill, Part 1, pp. 424-453, and HoiiNf Ex. Doc, No. 450, 51«t Cong., Ist ses.s., pp. 1.5-51. At pp. 45 of Vol. Ill and 48 of the Ex. Doc. afon'said. Dr. DawHon, one of tho Uritish Urriny; Sea Coinmi.ssionors, nndor date of March 5, 1890, discusses fully the facts upon which the property claim is based . See also Debates House of Commons, Dominion of Canada, 1888, Vol. XXVI, J). 976. In a speech made April 25, 1888, Mr. Baker, M. I' , ([iioted the followinj? from the tenth census (1880) of the United Statrs: "The fur seals of Alaska collectircly and Indi- vulually are the ))ro))erty of the general Government. * » • Every fur seal playing m tho waters of Bering Sea around abont the Priliih)f Lslaiids, no matter if foun Po8t p. 184-191. PROTECTION AND PROPP^RTY RIGHTS. 3D ■OS tho Htjite- ^aso that the ■^liip by tho >w; and also to th(i <'ab- •ounds upon I>re{'e(leiif(Ml J to tho caso th(! piirj)()so ^G den i I'd to <1 property t'ful exiiiiii- I'lily show ^» tlie point {ippointod rnorof'tho le Ilarnct, se islands, i protested 4><>ndence are given rrespond- diction over tlio hijjh seas, or as to the rights of Ca«e of the I)rote('tion or property in seals when found on tho hiart of tiio is Report siderable ^tes, and [iiestions ill arofii- t it also I't of tlio lii-itttin, -ij)ati()n io nint- ilt with wliicli AND THEIR REPORT. #7 These subjects and also the schemes of regn- RoiiortofHiitish Cuiuiiiisaioiiei'H. lations })roi)i>sed in tlie Re})ort' constitute matter which should be dealt with in this Counter Case. It will bo treated of under appropriato heads. . ' Note. — The toriii " Ki^port " as used heroin refors to the Report of tlij(^s of tho Rei)ort of the British Uoriuy Seu Commissiouers, imless otliorwiso spucillcttlly Btaitid. and Dr. (1 Status i r;n: .•|; FIRST. MATTERS IN RELATION TO WHICH THE REPORT AND THE CASE OF THE UNITED STATES MATE- RIALITY CONFLICT, AND CONCERNING WHICH PROPOSITIONS OR FACTS ARE ALLEGED IN THE REPORT WHICH HAVE NOT BEEN CONSIDERED IN THE CASE OF THE UNITED STATES. HABITS OF THE FUK-SEALS. 1. Dlstr'ihution of seals in Ber'uu) Sea and the sup- gested inter muKjliny of the Fribilof and Comman- der seal herds. iiitorminjriinffof The BHtisli Commissioners, in considerino: the tlic Aliisknn and " Kiissiaii honu. interiiiing'hnf^ of the two lierds, after «tatiii<^' tlie fact that the Pribilof herd enters and leaves Ber- ing- Sea by the eastern passes of the Alentian Islands and referring to certain statements made ill the Report as to migration, conthiue: "These circumstances, with others which it is not neces- sary to detail here, are suflicient to demonstrate that the main migration routes of the seals fre- quenting the Connnander Tslands do not toucli the Aleutian chain, and there is every reason to believe that, althougii the seals become more or less commingled in Bering Sea during the sum- mer, the migration routes of the two sides of the North Pacific are essentially distinct." (Sec. 198.) i8 'Wr> :t DISTRirUTION IN RERING SRA. 49 HE REPORT TES MATE- NG WHICH 'ED IN THE ilDERED IN *i(l the siiq. ? Commun- lei'iiig- the tatiii^- tlie sivcs Jier- Aleutiaii iits made "^riiose '>t llOCOS- loiisti-ate eaLs fro- »t foucli Siisoii to noro or le siijii- s of tlie (Sec. Ap^ain, in consi' this question, after inak- intmninjiiiiinof tli ., ^. ,. influence upon the Tribunal, 'iicsmuch as the evidence or statements thus relied ui)on are not presented and the Commissioners have even "^ fsiiled to give the names of their informants. Prinripai data It is evident, from the particular manner in relied upuu. ' which the Report describes the way in which the data collected by the war shi[)s of the two na.tioii8 were taken (Sees. 210, 212, 213), that such data were their principal source of informa- tion; but it is contended that the observations of seals, reported by the vessels, do not sustain the assumed density and distribution of seal life in Bering Sea which is made to appear by the charts above referred to. In support of these denials the United States produce the copies of the data relied ui)on, compiled from the seal logs of the British cruisers by the British Cominis- ng- vessels 0111 the iu- (lurino- the tates deny irican and ruction of at [)art of 16 snninier And the ation" ob- I have no ich as tlie Qii are not lave even Qants. nanner in in which f the two 13), that inform a- servations 3t sustain seal life iv I)}' the of these copies of seal logs Cominis- DISTRintTTION IN HKRINO SKA ourtosv 61 gioners, nnd by their courtosv furnished to this Prin.ipai data " ' •' " lulled upon. Government, and the data compih-d from tlie seal l()«>s of the American vessels.' The attention of tlie Arbitrators is particularly directed to the area of sea between the Pribilof iiiid Commander Isliinds, the extent covered by the cruises in that section, and the number of seals there observed. The United States also present in supi)ort of cimrf of cmisns ' * in llcring Sua lu their contention on this (piestion a chart showing' i»y^. the cruises of American vessels in Bering Sea durinu' the summer of 1S!)2, which vessels made particular observations as to the density and localitv of seals in l*KU'iiig Sea.^ This chart is compiled by the Navy Dei)artment of the United States from the logs of the American Bering Sea squadron on file in that l)e})artment, and it dem- onstrates how completely the sea areas about the Pribilof Islands were covered by the obser- vations of 181)2. The United States also present in support of scaling chart, their position on this question a chart, compiled from the seal logs of said vessels, kej)t in the same maimer as those of 1891 by each vessel of the squadron, which chart shows the nura- I Chiirtfl of (Tiiises and seals senn, 1891, Nos. 1 and 2. Portfolio of maiiH and cliarts ajjpcndtid toCouuter Case of the IJnitodStates. ' Chart, of (irtiises, W)'2. Portfolio of maps and charts appended to Counter Case of the United States. ■vm 'im 52 HABITS OF THE FUR-SEAT.S. 1892, I (( I •11 Si'iiiing chart, hor of seals soon, tlie locality wlioro observed, and the date of the observations.' A comparison of this chart with the sealinj^ chart submitted with the Case of the United States,^ the charts givinfr the data from which the British Commis- sioners drew their inferences,' and the chart sliow- ing" the cruises of the American squadron in 181)2,* demonstrates conclusively the lack of evidence to sustain the Commissioners' asserticm, and shows that the assumed distribution of seals in Berinj^ Sea, exhibited by charts Nos. II, III, and IV of the Report, is unwarranted and mis- leading.^ It may also be noted that the Com- missioners in chart II make it appear that the Commanderand llobben Island seals intermingle; this is, however, specifically denied by Mr. Greb- nitzki, the Russian official so often quoted in the Report." ' Seal Chart, 1892. Portfolio of maps ami charts appended to Couutor Case of United States. » Sealing chart. Portfolio of maps and charts appended to Case of the United States. No. 4. ■••Charts of cruises and seals seen 1891, Nos. 1 and 2. Portfolio of maps and charts appended to Counter Case of the United States * Chart of cruises, 1892. Portfolio of maps and charts appended to Counter Case of United States. 'See also Capt. Hooper's investigations in 1892 as to range of Pribilof seal herd in Bering Sea. Report September 6, 1892, post p. 216. • Post p. 363. Mr. Grebnitzki, the Russian military chief on the Commander Islands, is so often cited by the British Commissioners thai) tlie attention of the Arbitrators is particularly directed to his statements, hereto api>ended, post pp. 362-367. ohserved, oniparison siibinittod the clmrts I Cominis- liirt show- uidrou ill ) lack of asHortion, II of seals .8. II, III, and inis- tlie Com- tliat the ermiiij^le; Ir. Greb- :od iu the apiieuded to dud to Case . Portfolio ited States ts apponded to range of 6, 1892, post •Met on the iiniNHioiiors ected to his ALLEGRD PROMISClTOUft NURSING OP PUPS. 63 2. The alleged promiscuous nursing of pups by female seals. * The United States deny that the statements Promiscnons ^ nursing ueiuud. made in the Report, iu 8Ui)i)()rt of the assertion that a cow will nurse pups other than her own, are based on evidence sufficient to establish the facts alle<^ed. The two most prominent authorities relied on ..!"''?1''** ?I!'!.]!T?I in tlie Report are Mr. Henry W. Elliott and '" ^''•^ "*'i'"'*- C;'i)t. Charles Bryant, the former being quoted over fifty times in the first one hundred and forty- five paj^es, and the latter forty times in the same space. Yet the o[)ini()ns of those two observers are to the contrary on this point; and, while their opinions are taken without reservation on all points favorable to the conclusions of the Com- iu!.ssl;mers, they are, in respect to this question, characterized as a "theory" (Sees. 320, 322, 323) and "not proven" (Sec. 321).^ The Report attemiits to disparaj^e Mr. Elliott's Cow's afrertion for he.v young. opinion by quoting him to the efibct that the female seems to possess no natural affbction for her offsi)rlng (Sec. 322), but fails to state that Sir F. McCoy, F. R. S., also quoted in this con- nection (Sec. 324), publishes, in his article referred to in the Report, a letter from an in- I See also N. A. Grehnitzki, po«< p. 366; Dampier's statement, Report, Sec. 848. >I'J Is ■I I Ml 11^ !!;■ 1 W' 54 IIAmrS OF THE PUR-SEALS. Cow'.s afToc-tion forinaut, Oil wlioiii ln relies for his knowle(l<^e of for her yotiug. seal habits, in which the followiiio' statiMueiit is made: "They [the cows] keej) j^-ood watch and care affectionately for thrir oti'sprin^^ * * * I have seen three pups wusIumI otf the rocks and the cows liave immediately followed and. brought them on the rocks aj^i-ain in tui astonishingly rapid niaii'-'cr."' The attention of the Arbitra- tors is also called to the te.-.tiin()ny presented on this point in the Ai)pendix herewith submitted." Anniojry witii The Ht'ijori: admits that *'anah»-sound" (Sec. 323). Two authorities are particu- lied upon ill tlm Rui'ort- larly (juoted in support if the |)osition taken iu the Rejuirt: "Sir Samuel Wilson, M. P., tl 10 ' rroilrdinns of (lie ZoilloKy of v'ictnriti, by Sir K. MuUoy, V. 11. S., deciiil.' Vlll. p. !). 2 J.StiUiitiy-Mrowii, p. 388; VV. H. Williaius, p. 398; C. 11. Towu- send, p. 393. .1 •X, ALLEGED PROMISCUOUS NURSING OF PUPS. 55 cs aiK 1 eminent Australian .sheep-breeder," who says, Anthoritios ro- * "^ liod iipim 111 tho "it la common and easy to make ewes suckle i<«P"rt' other ewes' lambs," ai)d then demonstrates how difficult it is to do so (Sec 325); and Mr. C. H. Jackson, Government Agent in charge of the Seal and Gu!>no Islands of Caj)0 Colony, who asserts that "a cow will suckle any of the young seal, whether her own or not" (Sec. 324). As to tlie statements of Sir Samuel Wilson, they are sufficiently in accord with the jxtsition ttiken in the Case of the United States on this question to demand no criticism here. Mr. Jack- Mr. o. n. .inrk- 8(>ii iir|iic.stiuuulilu son, on the other hand, makes a direct assertion a"ti»""ty. on the subject wiiicli is oi)j)osed to the evidence contained in the Case of the United States and to the priiKiipal authorities of the British Com- missioners. An examination of the report of this gentlciuan (pp. 154, 155) fails to reveal upon what knowledge he bases such a statenuMit; and there is no proof that he I'as ever seen the seal islands of Cape Colony or even been informed by experi- enced individuals respecting the habits of the fur-seals found there. Under such circumstances the United States insist that his statement is unworthy f consideration as evidence. The Iveport also alleges that *' the same state- SirF.Mrroy aa mcnt [as Mr. Jackson's] is made with respect to the fur-seal of the Australian coast" (Sec. 324), an autLui'ity. I'll m m I m 56 HABITS OF THE FUR-SEAL!?. k V 'l! i Sir F. McCoy aB retGiTinf^ lu a footnote to tlie work of Sir F. an authority. McCoy, already mentioned herein.' The fol- lowing is tlie statement as it appears in the arti- cle referred to and is an extract from tlie letter of Mounted Constable Ardill, incori)ornted in full in said article and republished in the Ap})endix to this Counter Case: ^ "Should a cow die or be killed, her pup is suckled by the other cows. This I am told is the case, but I can't vouch for it." Tiiis last noted authority, wliich appears in the Report as Sir F. McCoy, proves to be a mounted constable, who makes tlie statement on a report so untrustworthy thiit he will not even vouch for its truth. The United States, therefore, claim that the C«)mmissioners have failed to advance a siniile authority whose opinion is of value to sup})ort their contention that a cow will suckle any ])U[) except her own, and thiit the contrary ])ositi. 275. To*/ p. 278. •Post p. 276. 1§ ' ( WHEN COWS ENTER THE WATER. 59 f leav- '^i i' their wliose •> of this ,- de the Hinds." J >n that dedg-e. 'iofl Ca])t. '•^ len he -._- 186[i, •ev/itli ■1 evident that tlie iK'riod conld not liave been six Capt. nryaut's '- ^ statciuuuts. weeks accordin^j;- to his own statements in 18GiJ. Ten years hiter, after eij^lit years of experience on the Pribilof Islands, he states: "The females after g'iving birth to their youn"-, temporaril}- re- pair to the water and are thus never ou shore all at once."^ He carefully omits to give any definite period between the birth of tne puj) and the excursions of the cow for food. This omission is of impor- tance in this connection, as he prefaces his state- ment at this time with the following- note to Dr. Allen: " You will understand that where any of my former statements ai'e omitted or changed, it is due to correction made necessary by my longer exj)>'rii'nce."^ It is evident, therefore, that Capt. Bryant had pul)li('ly discarded the opinion used by the Commissioners to maintain their position. One native of the Conunander Islands is, there- it7'',-M"'n,r'Ko': fore, the sole authoi-ity for the statement of the ^''"'^'' '"'""""• Hritish Commissioners. "^riie United States deny the suffi(MencY of this TosHmom ofc. H. Towiihuud. evidence and offer the testimony of Mr. C. II. Townsend, of the United States Fish Connnission, to sustain such denial and to prove to what extent 'MonoH;riiph (tf Xorlh American Pinnipeds, p. 3S6. «aiouogiaph of Nortli Anioricun I'iniiiitotls, p. 382. m 11 T-^ GO IIAIUTS OK Tin: KI'R-SKALS. .i ;V! !' ' J i T.stinioiiyofc. tlie luirsiiifi;' fonmk's had already extended their II. Towustud. _ ^ ' ^ food oxcursioiis even m the hist days of July.^ The same witness states that on the 27th of July, 1892, lark :' U r il TT., 1 1' ''•]. N \ In u nAUITS OF THE KUK-SEALS. inminHisfi'iirioHnrostjitioii \H stiitt'd bv tlu? Coiiiiuissioiicrs to 1)0 of tliu n-jiort. jibout twelve luoiiths (Sec. 4.'}4), coition in the water would necessarily he four or excu six weeks (Sec. 30(1) later tlian the nirival of cows at the Islands, which would necessitate tiie sirrival of the cows by as many weeks ]at<>r the lollow- iufjf year, since they j>ive birth to their } ouu"^' iininediately upon huidin^'' (Sec. 30). L:\to .Tirivai of If the freent in char<^e of the Pribilof lslan(ls,who states tluitj)5 per cent of the cows had j^iven birth to their young- by July 12, 1M91, showing- the arrivals nuist have been at the usual time," and of Mr. Stanley-Brown, who arrived on the Islands on the Dth of June, 1.SD2, and who states that some cows had arrived previous to that date.^ I Case of- the United States, p. 388. » roxl p. 3!I7. •/'o« CAISH or TIIK DKCKKASl. OF TIIK ALA.sKAN SKAL IIKIU). 'riio Uritish CouuiMSHioiiors at several places in,„;[;;:;,"7,V";f;"j]: tlu'ir Report admit that the rej^ulatioiis in force '"""ti"^^""^^*- and the inethods Case of thfl United States, p. 184. AN ALLKOKD CAU8E OK DErUKASE. 67 Til tlifit vciir for the {'ivM time tlui woMit of skins A.imitsi.m a8 to •^ ptiiiod u I'l I' r tie- fell below tlio av('ri>;j;-o of foniior yenrs.' Tlu'«i'ieti«it«croii«e. . report of the otHcial in cliiirni) of tlio Islunda resulted in iin iiiiinediate reduction of the (juota idlo\v(jd by tile Treasury Dejuirtm* ut at Wasli- intiton, and in a curtailment oi' the time allowed within which to take such ([uota.'^ Notwithstand- iu"- the endeavors of the United States to meet the new conditions created by |)elas, of which he is the author, and by placinp;' an erroiu^ous interpreta- tion on his lanaHon8 for hia sliown by an examinalMsn ot his testimony before a committee of ihe House of Rejiresentatives in 187(5. Captain Ihyaiit there makes the fidlow- iufj- statcMueiit : "In tlu* season of 18()8, b»>foro the prohibitory liiw was passe-. I do not, however, wish to be understood as sayinj^- that tlui seals are all decreasing- — that the })ro|)ortionate number of male seals of the |)ro))er ajj^e to take is decreasing. *'Q. The females are increasin<»' f "A. Yes, sir; and conseciuently the number of pups produced annually,"^ 111 1872 the seals taken were prin<'i]>ally four and six years old and some of sc^ven }'ears old were killed (Sec. 812). This was driiwino- from the same class of seals killed in 18()H,*^ which would, had they been spared, have appeared on the rookeries as breeders in 1873 and the years thereafter. The following year (1873) the class of skins preferred were "thnu'-year-olds" (Sec. 813), or those born in 1870; the so-called "crops" of 1861* and 1870 would not have been lit to go on ' ITo. Rep., 4)tli ('oi)K.. iHt S(>sH., Ri^pt. No. G'Jl^, p. it;). ^ AppuiuUx tu Case of the United Stiitcs, Vol. II, p. 7. i 1 f " of AN ALLEGED CAUSE OP DECREASE, ^ the breeding grounds till 1875 or 187G, which ^^k*;'^'';"" f*"-*"" would correspond with Captain Bryant's state- ment tliat the decrease in male life ceased in 1876 and breeding male seals began to increase to such an extent in 1877 that lie affirmed that in two years (1879) the loss would be made good (Sec. 679). This is further and fully ex- plained by the same witness in his deposition appended to the Case of the United States.* The evidence presented in the Report, which Divisions of cvi- treats of t!io period from 1870 to 1880, consists (1) of statements to tlie effect that 100,000 or more skins could not be taken on the Islands without depleting the herd, and (2) of other stJitenuMits or conclusions to the effect that the male seals, botli l)reeding and nonbreeding, had decreased during the first decade oi the lease of 1870. As to the first statements mentioned, it is in- imifivancy of tho iirst division. sisted by the United States that it is entirely ir- relevant liow many seals were taken on the Islands aniuially, unless it can be shown that the number killed resulted in a diminution of the normal ?mml)er of the seal herd, or at least the male portion of it. The so-called p?'oof, how- ever, on this point which the Report prcsi^its as^i,II"„'i;^,'|"J'^'^'' "^ to the Russian period of occupation is so maui. «""«''*'^ i'"''"*^- ' Appendix to the Case of the United 8tiit<'8, Vol. II, p. 7, m ■h luim i ' 72 MANAGEMENT. ! ? \l r I ! ^ I iTiifairiKHsaatofestlv uiiralr tliiit attention sliould bo diroctod to Rtiifriiit'iil.H as to Kussiau iiuiiod. its misloiuUnfi^ charjictor. The CJonnnissitHicrs state tluit from 1787 to 1X0(1 tlio number of skins taken was 50,000 annually; ihnn 1807 to 1816, 47,500; and from 1817 to 18()(i, 25,000. The desire is to su<^<^est the inference that the killinserved on therook- eries (Sec 800), which recluced the birth rate for a nnnd)er of years and necessarily, also, the annual number of skins secured. '^Plie inclusion of this time of scarcity in all classes of seals in the period of 1834 tt) l8o6 is most misleading- iis to the (piestion of how many male seals can bo taken when the rookeries are iu their normal m AN ALLKGED CAUSE OF DECREASE. 73 condition. An examination of the Russian docu- ^T^e njnn h^crs nieiits herewith submitted shows that from ISGO^**^" to IHiii), inclusive (when it may be assumed the rookeries liad recov(!red from the mortidit}^ of 183(1 and the slaug-liter of female seals prior to 1847), the amuial quota ranged from 4.'j,000 to 70,()()(> on St. Paul Island alone, and that the only reason whv more were not taken was the plethoric condition of the Chiuf ^e, Russian, and American markets. ' The other class of statements or conclusions spmii.T .liviaion ut uvidt'uuo. advanced, to show tliat the breeding and non- brecfliui,^ seals docrea.sed during- the ten years folh»\ving- the leasing of the Pribilof Islands in 1870, may be divided into three heads, namely, (1) an allcgeil increased proj)ortion of females to breeding males, (2) an alleg^ed recognition by the lessees (»f the decrease of male seals, and (3) alleged ovtirdriving and resort to now areas to obtain the (piota. The fii'st alleg'ation is CnmpnrisonH n! . . lifiriMiis |,S7() :iii« killi'ii aiiiiimlly at St. I'aiil Isliiml ali>iii>, mid in I8t)l lU many im 70,0(K», without Umr of oxlmustini,' tlw supply." .)|| u >1 i ' 74 MANAGKMKNT. I I P I' ' t I ! (M ' U: ft i :i .;« \i CoinpiiriRons of is tlio vosiilt (»l'a (locrcased birth rate caused by isyoinoiovttut. j»(^la<,nc soaliug*. The iJnitod States, however, deny that harems liave increased "from lour to ei^ht times" over then- size in 1870-1874. (Sec. r)4.) Tiiornrt.iiiinotit Mr. Henry W. EUiott, who In relied on as an of n. W. Kliiolfs -^ ' Htatcuieut. authorit}- in this matter by the 0 himself This curtailment of Mr. Elliott's starcment is in flaij'rant violation of the Connuissioucrs' Letter of Instructions, in which Lord Salisbury says: "1 need scarcely I'cmind you that your investiii-ation should be carried on with strict im|»artiality" (p. 2). iTarerns in 1891. 'Phe Repoit tails to give any testimony to show how many females constituted a harem in 1K{)1> and tnjikes the statement, wholly unsubstantiated by |)roof, that the harems have increased in size •'fnnn four to einht fold." (Sec. 54.) Surplus of viriio The present surplus of virile males has been fully treated of in the Case of the United States,^ 'Uiiiti^il Stnfi'M Ccuhhs Rr>iiok<'ry, St. Paul Island, and the re- sult was as follows: 13 l)ulls, 90 cows, and 211 pups.- If cacii cow iu a liarein was represented by a pup, the average nuud)ur to a bull would i)e 15, certainly not an excessive luunber even accordiui'' to the Report. The (Jonunissit>ners also rely on a newspaper AiioRed Rnm- niiii-.v ol' u ri'iiort extract, which purports to be a suuunary of a re- by n. w. Kiiiott ' ' ' •'ill MM. port Miadeby >[r. lloury W. Klliottin 181)0 to the Secretary of the Treasury, to establish several alleged facts (Sec. 882). One of these state- ments in this alleged sununary (Sec. 433) is that there were 2r)( ),()()(» barren females on the Pribi- lof Islands in 1800 (Sec. 832, p. 40). 1^his is cit(*d by the Couunissioners to show the lack of virile males on the rookeri(>s in that year. An examination of the extract as published in volume M. Stiiiilnv-nrowii, poMt p. 38fi. • B. W. Kveruiauu, pout p. 264. U'l I I 1" , ;l I 76 MANAOKMENT. I I ll. AUoKod siiin-I[r of tlie AppcMiilix to tlio Caso of Great Britain niarv of t\ rt'|ii>i-t i.y ii w. Elliott (|»,„-lij,nu-ntry Paper C— (;308, No. 2, 1891, p. GO) (llscloHos the fact tluit this statement a})])ear8 after the sij^uature of Henry W. Elliott, and it can not, therefore, be constrnod as a portion of such report. Furthorniore, how the Conunis- sioners can question Mr. Elliott's power to com- pute the number of seals on the Islands, as they have done, and still rely at all on his computa- tion as to the number of barren females needs explanation. AiieKMirifofjni- The socoud uiode by which they endeavor to tion of (llHTOasc , , , , l l l • -< norv by lessoi's. silow a (Iccrcase in the seal herd prior to 1880 is by jjointing- to an allvjied recof^nition thereof on tile part of the lessees in the reduction made by tliem of their catch in 1875, and to an allej^ed lowerin<>' of the standard of weights of skins. The Report proceeds as follows: "In the same year [187')] tlu^ numl)er of skins obtained was considera'' v reduced in the fiice of a steady market aiui before the decline in prices of the two succeedinj>; years " (Sec. 44). This state- ment is clearly incorrect, as is shown by the references cited.* Another allef^ation as errone- ous as the foregoing is contained in the stato- ' Hritisli CoiiirM. Ropt., p. 132. Appendix to Caso of the United StiitoH, N'ltl. II, pp. 558, 585. Table of seals tukea on Fribilof Isluuds for all purposes, po$t p. 427. AN ALLEGKD CAUSE OF DECKEA8E. 77 incut of tlio Ivcjpoil; tliat the standiinl of skins wsis lowered from time to time, imj)lyinf^ an in(n-eusinjr scarcity of males (Sec. 6114). In 187fi ..ArnXrTS!.! the avera^re vvei«,^ht of all the skins of the Alaska "*^"*'^'*''^- cat(!h was 8 pounds, which remained about tho aveni<^e till 1880, the averag-e weight bcin*:;' in that year lOio pounds; from that time, coinci- dentally with the increase of pelagic sealing, the weight di'opped to J)^ pounds in 188(), 85 pounds in 1887, 8.V pounds in 1888, and finally in 1881) to 7f(io pounds, the lowest standard ever rea(;hed.' The United States, therefore, deny the statements made in the Report as to tho retUu'tion of the "standard of weights" (i)ago 111), C). The Commissioners also rely upon a statement '''''•' ""mixr of •^ ^ Hcals takmi IVoiii alleged to have been made to them by Mr. NoitUcasti'oiiit. Daniel Webster that, in 1874 and 1875, from 35,000 to 3G,000 skins were taken from North- east Point rookery and that, since 187 J), from 211,000 to 18,000 skins only had been taken there, thus implying a large decrease in the seals resorting to this great rookery (Sec. 677). The annual killings on Northeast Point are combined in a table submitted herewith,^ which gives the numbers annually tnken thereon and the percent- ' Mux Hoilhromior, post. p. ,3fi9 and table facing. » Table of seals killed on Northeast I'oint, post p. 427. ■li^ w i 1 TT^ 78 MANAGEMENT. f Ili' i 1 ■ ' ' 1, i ' Tim niiiiii)or ofnpro to tlio whole number killed on St. Paul .Hf'illH tiikcu (Vkim NoithuuBt roiut. Isljuul. Fn»!ii tliiH table it appears that iu 1S73 2n,,^()!) seals were taken, beinji;' 3 1.9 per cent of the whole number; in 1874, 3 4,r>2(), or 37.5 per cent; m l.S7r), 35,113, or 30 per eent ; in 1.S8.S, 33,381, or 31).7 percent; and in 18S1), 28,7!)4, or 33.J> per cent. Tiio av(n'a;j^e i)er('enta<>e for the nineteen years ilurln<»' which the lease may be said to have been in operation (some 3,400 only having been taken the first year under the same;) is 31.4. The Commissioners give the nund)er taken in 1889 as 15,07G, claiming- the same to bo from official records, but the citation given is to a report to tlui IIous(M)f Ucpresciitatives printed in 187(5 (Sec. (577). Kvidcntly this is a clerical error, but it dei)rives the United States of the opportunity to examine the; authority intended to bo cited. io\vs™i'aS The question of dri\ing in 1871) from areas, before reserved and untouched, is used in the Report to show that the male seals had decreased to such an extent as to compel the resort to these haulinjf grounds. 1^he Connnissioners refer to this in the following words: " Whatever may have been tlio detailed history of the seal inter- ests on St. Paul in the intervening years, the fact that in 1879 it became necessary for the first time to extend the area of driving, so as to iu- iii 1879. * AN ALLEGED CAUSE OF DECREASE. 79 cludi' Ziiniuliiio tind Polavina rookerios, or tlio aii.ko.i n-Koit liiiiiliii}^' <,a-(>uii(ls .adjacent to them, hIiowh con- '" i»7!>. clusivcly that a {^reat chanj^o for tho worse liad ahvady occurred at tliat date" (Sec. 684). This statiMuent is not in accord with tlio facts. No ii»ulin« Kroiiiidi* over lo- I'rior to 187tt Pohivina had been driven froni«"»'^'««i- (ivery year but two, and Zapaihiie liad su])})li('d its portion to the qufita of skins every year of tlu^ lease prior to lH7f), as is shown in tho table cited.* The United States, therefore, insist that this statement in the Report should not bo considered, in examining- the (question as to tho cause of tho decrease of the seal herd. The ovordrivinjtnmi p 1 • • 1 1 • • 1 1 1 rcdriviiiff niiIisu- questionot overdrivniy: and redrivnig lias already ,|m.iii to laso ir- /• 11 1 /• • 1/1 !• ^ IT • I ''L'l>JVUUt. been iiuly treated or ni the Case ot the Uniteil States;'* it may be noted, however, that Mr. Elliott is quoted as stating' that overdriving waa first begun in 1871) (Sec 714), which is the year mentioned in the erroneous statements, above referr(!d to, as to the counnencomeut of driving from Polavina and Zapadnie. It is insisted by the United States that driving and redriving after the introduction of pelagic sealing, if any occurred, are directly chargeable to the condition created by open-sea hunting. The United States, therefore, deny that any poniai of dc- valid evidence has been advanced by tho Com-issa*' t*'^**' '<* ' Appomlix to Case of tlin llnittd States, VoL II, pp. 117-127. •Cane of the United States, p. 158. i m 1 l! i' ^>. w w r IMAGE EVALUATION TEST TARGET (MT-3) h /. y. 7a 1.0 I.I IL25 i 1.4 1.6 Photographic Sciences Corporation iV 1 V :1>' ^\ <» «L^ ^^% ^ 31 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) S77-^S03 4 <^ 4^0 m^ I O^ f^ 1^. ??' 1 1 n iff 111" i V I 80 PELAGIC REATJNG. Deiiini of de- missioners sufiiciout to establish tliat any portion crease priorto ' i«»0' of the seal herd decreased i)rior to 1880, or that there was a paucity of male life durinj»- that period on the breedinj^ grounds, or that the nian- ag'enient and methods in force on the I'rihilof Islands have been a cause of decrease in the Alaskan seal herd. PELAGIC SEALING. The Report an That portion of the Report of the British Com- iiliolojiy for pe- lagic Si'.iiliiig. missioners which considers the effects of pela<>'ic sealing upon the Alaskan herd is in the nature of an apolo<^y and anatteiii[)ted justification, for the Connnissioners specilicwlly admit that pelajiic sealing is indiscriminate (Sec. <),'53) and tends towards decrease (Sees. 60, 71). The apology rests upon three j)ropositions which they endeavor to establish by evidence principally obtained from interested parties at Victoria and which are herein treated in the order of their importance as recognized in the Report. 1. That the percentage of female seals in the pelagic catch is not large. The inriian evi- The Report first cites in this connection so- (Ivuce submitted. called " evidence," alleged to have been obtained from Indian hunters at various points along the Northwest Coast (Sees. 635-G41), and in wiiich there is a careful avoidance of names of inform- PERrr.NTAOE OF COWS IN CATCH. 81' ants. It is insisted by tlie United States that Tiie iniiinn ovi- deiice 8ubmittud. such testimony is vaUieless for the })ur[)(>se of t'S tiiblishing any conclusion worthy to be relied iqioii in this controversy, '^riie second clas.s of testimony presented to Testimony of . . ^ 1 II . , . , iiiturt'sted parties siistani tlie position ot the lve[)ort is (>|)tained submitted. In m\ sworn statements of Canadian sealers, which the Commissioners admit are not " entirely untiiic- tiired by motives of personal interest" (Sec. 634). These alleged statements of Indians, whose names are not made known, and of other wit- nesses, admitted to be subject to suspicion, are tlic sole fomuhition, so far as matters of fact are I'onccrued, for the defense by the British Com- missioners of jjclag-ic sealing'. The largest percentaf^e of females admitted Percentage of females admittud by these "most experienced and iuteHig-ent pe- *» **« *ai^«ii' lagie sealers" (Sec. 642) to have been taken by them along the Northwest Coast is fifty out of one hundred seals, and but tliree men make this admission (Sees. 644, 645, 646). The other witnesses quoted (fifteen in number) vary con- siderably in their opinions as to the number of females taken in a catch, the percentage alleged ranging from two and a half to over forty, the majority giving it as from twenty to thirty (Sees. 644, 64;"), 646). It is difficult to understand how statements .1 „ , , , , , . , . , consistent wifk tliese Statements can be harmonized with the de- *''« Report. I > Vj I K, Tir^ 82 PELAGIC SEALING. I i: I i n J! :i' stutenieni? in- pleted coiiditio)! of the male life of tlie Pribilof seal consistent with the Keport. herd, 80 ofteii alleged in tlie Report, and with the statement that "the persistent killing of young males has led of late years to the existence of a very large sur})liis of females, and that, there- fore, the proportion of females to the whole num- bers of seals, whether at sea or ashore, is, at the present time, according to the information ob- tained by us, quite abnormal" (Sec. 635). As this information last referred to has evidently not been published by the Commissioners in connec- tion with their discussion of pelagic sealing, un- less it is embodied in the statements obtained at "a conference held with a number of representa- tive pelagic sealers" (Sec. 648), at which con- ference "no degree of reticence was shown in answering direct questions on all points involved" (Sec. 648), it is impossible to draw any conclu- sions therefrom, except that this information is in direct contradiction to the testimony of the wit- nesses named in the Report. In view of the admitted untrustworthiness of the evidence advanced, and in view of the con- clusive proof presented in the Case of the United States on this question, the United States deny that the percentage of females in the pelagic catch has been exaggerated in their Case, and present herewith as corroborative evidence on The statomonts in the Report de- nied. rERCENTAGE OF COWS IN CATCH. 83 tills siihiccf the i'ei)()rt of Cniit. C. L. Ho()i)er, Cnpi. iioopor's •' ' "^ invest i;j;ilt 11)118, U. S. K*. M., who cruised in Bering Sea during- «""'i"er"iA8y2. the summer of 1892 and under the direction of the Government of the United States made a series of systematic observations as to the distribution and chisses of seals found in those waters, for which purpose lie took a limited number of seals at sea.* The result of his observations and experiments was that, of 41 seals sliot and S' 'cured, 29 ^ ^ , ' Catches of ves- were females. Mr. :Mal()v/anski, I'le ajrent of sv''' «?][:«•",!>' '*"»- ' » 8 1 a, 1892, 90 per the Ivussiaii Sealskin Company on the Com- •'^"^ ^*''"'*^'"*- niiindcr Islands, examined about 2,700 skins taken from sealing- schooners, seized in the neighborhood of those islands by the Russian authorities during the summer of 1892, and found that over 90 per cent were the skins of female seals.^ This is also verified by Mr. Grebnitzki, ' the Russian official in charge of the Commander Islands, and by an examination of over 1,000 of the same skins specially made in London.* The Exnmination of pelagic oatchet, dejiositions of the expert furrier Mr. Behlow, i^^^^. who has examined the catches of a number of sealing- schooners entered at the port of San Francisco durin ■ 1 I: 1 r i '1 1^ .'»4(^ \W- I I in 88 PELAGIC SEALING. iioti- uX iMui'ch 1 18'J0. Causooideiith. by tlioso Oil tlio Islands a day or two aftor tlio investigations by these otHcials was a novel sii's , ""'"' "1 Miircli 1, from the testimony of Jacob II. Moulton, tlu; i^iw- following- appears : *'Q. When a female is nurs- iuo' licr yoiiii^ ami <^oert out for food and is kilk^l or wounded, that results also in the death of her youny? — A. Yes, sir" (ibid, p. 432). This explanation of the cause of the death of,,,[;.;:;!;'f;"^^"J,f;i7J: pup-seals is not reconcuized by the Report, except ^""''* to contradict it. In place of it four specliic anses are advanced, "to which the mortality noted may be attriliuted with greatest probability" (Sec. .Sr)()) : First, the killing of the mothers by taking them in "drives" from the borders of the breed- ing grounds; second, an epidemic disease; third, crushing of the pups in stampedes; and, fourth, raids on tlie rookeries (Sec. 3.^)0, a, b, c, d). The first cause alleg(Ml, aamelv, the driving and ■• T)rivinpf and killing of the mothers, is unsupported by any "'otiiciHdiscu.sstd. proof whatsoever, and will not account for the deaths on Tolstoi Rookery, where the greatest number of bodies were seen by the Commission- ers (Sec. 350), l»ecause no "drive" was had in 1S!)1 within a quarter of a mile of that rookery.^ Tlie second cause alleged, an epidemic disease, 2. An epidemic. is n\i've hypt>thesis, and has already been treated in the Case of the United States.^ I J. Stanloy-Hrowii, post p. 388; W. H. Williams, post p. 399. » Case of the United States, p. 216. ii HI I ( i' (t ( I 'I I- r ;. j 1 i l: ■i l^i i I 90 l'F,LA(iir SF.AMNO. il 1 Hlfi^ 1 ■' 3. I'lijis cniMiicl The third iiUcucd ciiiiso, tlio orushinff of tlio II Htlllll|l('l 1(314, pups ill stiimpodoHi, hiisiio evidence to support it. The only instiuice of even a Hupi)()sod stampede on any l).'eedin<^ <>'n)inids is mentioned in tlio lleport in the foUowing words: " Durinf^ tlio summer of 181)1 a panic was caused on the Reef Rookery of St. Paul Island by the drifting over it of the smoke from a steamer which was en- tering the anchorage there" (Sec. 332). The Commissioners do not specify the information upon which this statement is made, and Mr. J. Stanley- Brown testifies that no one saw such an alleged stampede.^ The difficulty and practical impo.ssil}ility to cause a stiimi)ede or create a panic on a breeding ground are clearly shown by Dr. II. II. Mclntyre,^ Mr. J. Staii ley-Brown/ and others conversant with seal life.' If a stampede over did tako ]}la(^e among the breeding seals, no evidence has been advanced to prove it. 4. ri)ssiM.>viiis Tiie fourth and last cause, which is stated to be cuaacd. "within the bounds of probability" (Sec. 356, p. C)i), is that the female seals were killed by raiders, or by a stampede resulting from a raid. The Re[)ort offers no evidence whatever of such ' I'oat p. 388. «Po8'os that it ninst 4. Possible nidN us II CUUUU dlH- lm\(' boon iHikiiown to tlio.se on the Islands ^ossuti. (Sec. 35;"), p. ■ • ■ . !l ^ I V L! ' 1 ii '■! ' I ' I '. I ;i ] I iiK ir 1 ! ji ^ 1 ' j \ : '1' ■ !.,!, M I Vl' 92 PELAGIC SEALING. 18'Ji cront (icorciiscfollowinj^ Statements. Mr. Staiiley-Brown, who of (load pujjs ill was ji'-.o on the Lshmds in 1891, says: "Dead pups were as conspicuous by tlieir infre- quency in 1892 as by their nunierousness in 1891."^ Col. Joseph MuiTay, who has been Assistant Treasury Agent on tlie Pribilof Islands from 1889 to the present time, states: "I went over the rookeries carefully in 1892 looking for dead pups. The largest number on any rook- ery occurred on Tolstoi; but here, as on the rookeries generally, but few of them were to be seen, as comi)ared with last year. This was the first time in my four seasons' resi- dence on the Islands that the number of dead pups was not greater than could be accounted for by natural causes."^ And Mr. A. W. Laven- der, the Government agent in charge of St. George Island, made an actual count of the dead pups on the rookeries of that Island August 29, 1892. He found on the five rookeries 41 dead pups, "all of which were near the water."^ Professor Evermann, the expert naturalist of the Fish Commission, estimates the number of dead pups on Polavinu, Rookery in 1892 at less than 250, and states that there were more dead pups here than on all the other rookeries combined.* ' J. Staiiley-Riown, post p. 388. » A. W. Liiveuder, post p. 263. ' Josppli Murray, pout p. 378. < B. W. Evermaun, post p. 271. IN BERING SEA AND NORTH PACIFIC. 93 I I In consequence of the zealous and efficient ef- ^"^^^^<> ;.''", *^«; forts of the naval vessels charged Avith the pro- P"I*^" lection of the seal herd and the enforcement of the Modus Vivendi, few sealing vessels entered the eastern lialf of Bering Sea in 1892, and those waters were practically free from open-sea hunters. If the cause of the mortality of 1891 among the pups was any of those advanced by the Report, it is a remarkable and, for the opin- ion of the Commissioners, an unfortunate cir- cumstance that with the decrease of sealing in Bering Sea dead pup-seals have decreased like- wise. On the other liand, the increase of sealiii^'.J;l*^''^"''!'''p,, '"?.''' in Asiatic waters about the Commander Islands'^"" """**' has been followed by a large increase of deaths among young seals on the Russian rookeries.^ The destructivcness of the Beiing Sea catch, Comparative 1 •! ii« 1 XT iT^.,^ . sizes of IJerini' as compared witii tliat m the North Pacific, isSea and rauino further shown by the relative sizes of such catches. A compilation made from the state- ments of yearly catches of the Victoria sealing fleet, attaclied ^o the Report of the British Com- missioners (pp. 205-212), shows that the average catch per vessel for three years (1889-1891) along the Northwest Coast was 587, while the Bering Sea catch for the same period of time was 783.^ It is impossible to compute accurately the 'John Malowaiiski, po:'t p. 374; N. A. Grehnitski, post p. 366. 'Tables coiupilfd from Comuiissiouers' tables, post p. 411. i «l Ml 1 1 i \a ;: i ':! I il. m i M i I !i, 94 PELAGIC SEATING. Compnrativoratio between tlie North Pacific and Benno- Sea sizes of 15 or ill"; t^iii iinii I'aciiic e-itches foi' a lonj^er period, as prior to 1889 tlie Bering Sea catch included a portion of the catch in the North Pacific (p. 211, note). Soiiiins sfinson Tlie Report, in treating of pelagic sealing 111 |{(M iiiij; Sea iliiil ^ ' o 1 O rt Pacitic couiitare(i..^|^jj^g ^j^g coast, states that the season extends from February to June, inclusive, and tliat in Ber- ing Sea it includes July and August (Sees. 1 32, 212, 308, r)82). It can be assumed, therefore, from the statements in the Report, that tlie coast catch occupies four and one-half months in taking and the Bering Sea catch but two months. On the authority of these statements above noted a table has been compiled, which shows the aver- Avoinn:p daily .m'e dailv catcli per vessel for three years (1889- CMt.h ill Uciiii;; o ^ t J \ Si-a iiii.i I'aciiii l,^9l^ along the coast to have been 4.3 and in foiupaiod. ' ^ Bering Sea 13.^ This includes 1891, wlien the enforcement of the Alodm Vivendi seriously cur- tailed tlie season in Bering Sea. The United States, therefore, contend that pelagic sealing in Bering Sea is at least three times as destructive to seal life as that along the Northwest Coast. 5. That the tvaste of life resuUin Table compiled I'lum Coimuiyiiiouuts' tables, ^unt p. 411. A 4 ! RESULTING WASTE OF LIFE. 1)5 takinj? seals in the open sea; and the Comniis- wastooiiifcin- " .... signiticant. siouers, in order to estabUsh th ?ir position, col- lect and quote the statements of a number of persons who disagree with the proposition which the Report endeavors to substantiate (Sees. 613, G14). lliese statements are all characterized as being made by persons "presumably interested ill, or engaged in protecting the breeding islands, Imi without personal experience in the matter" Tho evidence (See. 615). I he Report then proceeds to array advunceii iu the against those opinions a number of statements "for the most part made by persons directly interested in pelagic sealing," but which, it is al- leged, "must be considered as of a much higher order of accuracy" (Sec. 616) than the former statements. These interested parties thus quoted in the Report (Sees. 616-621) state that the soais'^Tast' by la- Indians lose of the seals killed by them "very few" (Sec 618), "at most, a few" (Sec. 619), and "one per ceiit." (Sees. 617, 621); the white PorrentaKe lost hunters, on the other hand, are credited with losing from 3 to 6 per cent (Sees. 616-621). The Commissioners then present a number of state- ments (Sees. 623-626) collected from inexpe- rienced individuals, which are open to the same criticisms as the adverse statements first quoted iu tho Report. of diuus. by white huuteis. !'( 96 PELAGIC SEALING. Talmlatrdstato- iiifiits of white huntura. f ! I- i ) ' '.iS inconsistciKU'sloss as 8 pel* cGut (Sgc. 627) of atuttiiueuts. An endeavor is then made " to elucidate tlio question" under consideration by tabulatiuj^ a number of statements made by white hunters and Indians, some of whicli are supported by their de})Osition8 and others not. "The results of this method of treatment " show that the white hunters affirm that they lose but 4 per cent of the seals they kill, while the Indians ^\\g their The table en- titled "White Hunters" (p. 107) is averajred, while the table entitled "Indian Hunters" (p. 108) is not, for the obvious reason that these Indians (Sec. 627) appear to have lost twice as many seals as the whites, which is in direct contradic- tion of the statements quoted in the Report, where the witnesses speak of both classes of hunters (Sees. 6J6-621). If the Indian state- ments are to be act opted tliat 8 out of 100 seals killed by them are lost, and also the statements of Captains Warren, Petit, and others (Sees. 616-621) that the white hunters lost five times as many as Indian hunters, then the former are admitted to lose at least 40 per cent of the seals they kill. It is difficult to harmonize this con- clusion with the table entitled "White Hunters" (p. 107), and the evidence thus presented is so contradictory that it is liard to see how any con- clusions could have been reached by the Com- missioners. •<] RESULTING WASTE OF LIFE. a? Tlie table entitletl "White Ilimterss " is made Son r cos of "Wliito iluntci-B' u}) fVoin the statements of sixteen witnesses ; t'li^io- five of these (Nos. 1, 7, 20, 26, and 27, p. 107) state specifically that the loss of seals they refer to are seals lost by sinkin/j; six others, examined at the same time as the former witnesses, do not state what they mean by " seals lost," but it is to be presumed their meaning is the same; the statements of three others whose evidence " was personally obtained" can not be examined ou this point, as such statements have not been published ; Abel Doug-lass's ratio of loss is given in the table without reference to where it was obtiiined, so that what he means by " seals lost" is impossible to determine ; the one remaining hunter used in the compilation of the table (William Fewiiig) is the only one who definitely, or impliedly, states that "seals lost" refers to those escaping- as well as to those that sink, and tliis is particularly noted in the table under • Remarks." It can be fairly assumed, therefore, that this Tabic only Rives seals lost by siuk- table only represents the seals lost by sinking-, i"S« The whole question, so imjiortant to this contro- versy, as to how many seals are lost by wound- ing is summed u]) in tho vague admission, that "a cenain proportion of the seals shot of course escape" (Sec. 628), and is dismissed by calculat- 123G4 7 1. I I: i.- is '1 1 1:] i.l I li '! .; 1 ^1 i 1 f 1 \ I i ' 'l i 1 . '< i' ; f.s ■ U 1 (1 \' I n I I If] &8 PELAGIC SEALING. Senls lost by wouuding. TiiMooniy gives ino- the iiuiiiber of encysted bullets found in sealH lost by siuk- iug' male seals killed on the Islands in 1890, showing an average of one bullet to 280 seals killed (Sec. 628). The notion that the carcass of every seal killed on the Islands is searched for enoysted bullets is sufficiently absurd, but it seems to be assumed in the reasoning of the Commissioners. The necessarily large percentage of seals which lose their lives by wounding is shown by Mr. Townsend in his account of his experience as a pelagic hunter.^ Restates that "man^ times the animal is wounded sufficiently to get out of reach of the hunter before it dies;"^ and, again, "it is from the instantly killed the seals are secured; the wounded animal uses its death struggle to get out of reach." ^ It is evident how much this class of "seals lost" must outnumber those which, killed oatriglit, sink before they can be secured;^ and yet the Commissioners have, presumably through oversight, ignored this important factor of waste of life and have dealt solely with the seals which pelagic hunters lose by the sinking of the carcass. > Fott p. 395. • 8ee also reports of Capt. G. L. Hooper, post pp. 208-219. ■t . 1 u. RESULTING WASTE OF LIP'E. wS* The UaittMl States, having reviewc'd these three Tho i)aH.!H for till- !l|M»l(»gJ' illHUf- j)r(t))ositioiis set fortli in tlie Rei)ort, namely, (l)iiticnt. that the percentage of feniale seals in the pe- la'^ ':f SECOND. MATTERS UPON WHICH THE REPORT RELIES TO ESTABLISH CONCLUSIONS ADVANCED THEREIN AND TO FORMULATE THE REGULATIONS RECOM- MENDED, WHICH MATTERS HAVE NOT BEEN DEALT WITH IN THE CASE OF THE UNITED STATES. HABITS OF THE FUR-SEALS. 1. That the Alaskan seal herd has a defined winter habitat. The Commissioners have advanced a most ex- traordiuaiy theory as to the life history of the Alaskan seal herd. It is presented in the follovv- Tho "w in tor iiiff words: "The fui'-seal of the North Pacific may habitat" tlicoiy. ® ^ _ _ _ "^ thus be said, in each case [referring' also to the Commander herd], to have two habitats or homes between which it migrates, both equally necessary to its existence under present circumstances, the one frequented in summer, the other during the winter" (Sec. 28). Again, the Report states that the portion of sea lying ofi" the West Coast, be- tween the 56th and 46th parallels of north lati- tude, which limits include the whole length of the British Columbian coast, "is the winter habi- tat of the fur-seal of the eastern side of the North Pacific" (Sec. 192, p. 31), and that Bering Sea may be named "their summer habitaV^ (Sec. 192, p. 31). 100 WINTER HABITAT THEORY. 101 This theoretical proposition of an animal pos- Objert of pro- ^ poHiugtliis sessing two homes is contrary to what has been tbcory. observed in respect to the habits of animals in general, and is advanced for the sole purpose of establishing a property interest in the Alaskan seal herd, resulting from the alleged presence of seals for several months in the waters con- tiguous to Vancouver Island. This object is sliowii from the following statement in the Report: "This independent native hiuiting [by the Indians of British Columbia] is undoubtedly a primitive vested interest of the coast tribes, and its character in this respect is strengthened by the fact, now made clear, that the winter home of the fur-seal lies along, and is adjacent to, the part of the coast wliich these seal-hunting tribes inlmbit" (Sec. 113). An examination of the evidence (if statements Tiiohniisdonot rosort tolho "win- made by the Commissioners without giving the '*'"'*"''*''''•" names of their informants can be so called) on whicli this remarkable proposition is advanced shows an important fact, which seems to have been entirely overlooked by the Commissioners. It is, that "the full-grown males, known as 'beachmasters' or 'seaeatchie,' have seldom or never been reported to the south of the 50th parallel " (Sec. 193). It is evident that the Com- missioners never heard of a bull seal below that il"' I; 'i! ': 1 ! H : I' iljj I I i I I I :' .'•II I- I , i:^^ \ y 'm -i '.! • I lOfJ IIARITS OF THE FUR-SEALS. TiiebniiHdo not parallel, nor do they anywhere state that they rcHo I I. tho"a'ui- J ^ ./ ter hubiiat." ever heard of a full-ijrrowu male heluw the oGth parallel, the assniued northern limit of the winter habitat (Sec. 11)2, p. 31) which they have created, aud Capt. Hooper particularly states that bulls are seldom seen below Baranotl' island, the lower cxtrenn'ty of which is above the said parallel.^ This southern "home" is, therefore, according- to the Report, resorted to by but a i)ortion of the seal herd; anration. Capt. Hooper, U. M., who ex- tended his observations of 18t)2 in IJering- Sea into tSeptember and continued his investigation of seal life and the migration of the herd until some time in November, states: "Those that leave [the Pribilof Islands] earliest go farthest south, arriving on the coast of California, and those leaving later reach the coast further up. * * * They appear at about the same time off a long line of coast, reaching from California to Washington. When they are so found they are known always to be moving northward up the coast." ^ This is also more fully treated in his report of November 21, 1892.^ Capt. Walter H. Ferguson, who has followed 'C. L. Hooper, poaf p. 370. »Ee]tort of Capt. Hooper, November 21, 1892, post p. 228. WINTKIl HAIUTAT TIIKORY. 105 the Hoa as a prot'ussioii tor twoiity yoai'H, and ^>'nu f<>niio«t p. 302. «Po«< p. 288.» Cuuo. I' .'J 'i ' l' li \ r: U^4 jmIi E i .1 ) I H. H /!( I! 106 HABITS OF THE FUR-SEALS. Now iniKriitioii Btiitos iiisist IS iTiore accurate and based on fuller clmrt presented witii couuterdata than the chart contahied in the Report.^ Case. '■ 2. That tlio Alaskan seal herd has changed its habits as a result of disturbance on the breeding islands and of pelagic sealing. increasofi po- (a) The first assertion advanced by the Report labile Uiitiiic ill- 1.1 ! • 1 1 1 ^ 1 leged. under tins head i-s that the seals, tor the reasons above stated, have become more pelagic in their nature (Sees. 44, 85, 86). Tliis assumption is resorted to, as it appears, to show that land is not a necessity to the fur- seal and in order to Iiarmonize the sworn state- ments of the pelagic sealers appended to the Report, that at sea the seals have not decreased, with the acknowledged decrease on the Islands. To support this proposition the evidence of these interested sealers is advanced to show that there has been no decrease at sea similar to the de- crease on the Islands, but rather a possible increase (Sees. 87, 89, 94, 402). At the same time it is asserted (Sec. 281) that no " stagey" "Stagey" seals seals are taken at sea, that the "stagey" period taken at sea. on the rookeries lasts about six weeks, and that this period of hair shedding is caused by pro- longed resort to land. All seals must at some ' Cliavt of iiii«i" '"^iii' that thu number taken respectively from year to year has not materially changed, notwithstanding the contiiuial decrease (Sec. 409, p. 74). Thia compilation begins with 1887 and includes 1891. The years 1885 and 188G are not used, for a reason which becomes obvious when the statistics ., ^^''^. avcraRos tor ISSo and 1«86 in the Itoi)ort are examined, namely, the average""'' "'*'^^* per man in 1885 was 127 seals, or 68 more than in any year given in the table, and in 1886, 77 seals, or 18 more than the highest number in any following year. In the year 1886 the average per boat was 241, or nearly one-third more than Such ave.agea ,, iv 2 T, ,11 , "f "'^ value. in any year thereafter.^ It must also be recol- ' Cliarli's Hciilow. poul p. '{57; C. W, Prciss. jnisf p. 381; Walter E. Matin, i)i)nl p. 37(;; see, also, title-i)a^'o of London catalojjue of salos, poHt ]). 412. ^TheHo aver, ijcs am taken iVoni the tables of catches trans- mitted with tiie Report, pp. 20i), 210. t ' (' i* . ;;|| ii I, I' i ' 1:1' I'' 108 HA15ITS OF THE FUR-SI:ALS. sncii a\ora-,'(>Hlo('te(l ill coiisicleriii<»' this question that the seal- ol' uo value. lug cnj)t!\ins have each year become more and more familiar with the migration route of the seals in the North Pacific and their feeding grounds in Bering Sea, which naturally tends to increase annually the catches in these localities ; and it is, therefore, only by the comparison of the catches taken in the older hunting areas, with which pelagic sealers have been familiar for twelve or fifteen years, that any evidence of value can be obtained. AyeraRo per For this purpose a table has been prepared boiil ill "sjir iiiK , . . . . fiiub," i»8ii-i8!>i. from the Commissioners' tables, giving the aver- age per boat for the " spring catch," which is obtained in and about the alleged " winter habitat" of the fur-seal. As there is onl}- one hunter to a boat, the average per man is of no value. This table shows an average of 118 seals per boat in 1886, and a constant decrease each following 3'^ear until in 1891 it was but 15.^.^ The United States deny, therefore, in view of evidence already presented in their Case^ and the facts abovo stated, that the seals have not de- creased at sea in a like ratio to that observed on the Islands. ' Table of average catch per vessel and per boat, post p. 411. « Caao of the Uaited States, p. 169. ^f- rm ..^S^iiii^i ALLEGED CHANGES. 109 The Commissioners also assert that the seals indopendont pr"r "n state- luont relied on by lish their position as to the change of habits of the i^'^i'"^'''' seal herd, through the undue disturbance of the rookeries, by citing the fact that Capt. Bryant referred to the abundance of fur-seals along the coasts of Oregon, Washington, and British Co- lumbia in 1869 (Sec. ,422); and they seek to create the impression thereby that this was directly the result of the great numbers killed in 1868 on the Pribilof Islands. The Commissioners, through no error of their own, have been led into making this incorrect statement. The "Monograph of North American Pinnipeds," quoted by tliem, so states ; but Dr. J. A, Allen, the author of the work, says that the year was 1870, instead of 1869, as erroneously printed.^ The statement as to the abundance of seals off the Oregon coast was first published by Dr. Allen in the "Bulletin of ' Letter of Dr. Allen, po»t p. 413. •r ill i M n ■ r ? ■'i ,' !M lU ; ;i ;*; 1 I ; 1 ' r 1^ '! ,1 'I I i 1 112 MANAGEMENT. Error in stnto- ^lie Miiseum of Comparative Zoology", paffe 88, incut relied on by ^ o J ' I o ' lieport. Avliereiii he quotes from a letter received by liim from Capt Bryant, " under date of June 14, 1870," as follows: "The present year unusually large niunbers have been seen off the coasts of Oregon, Washington Territory, and British Columbia. * * * They were mostly of very young' seals, none ap})earing- to be over a year old." An examination of the "Bulletin" on this point by the Commissioners would have revealed the error in the later publication, used by them in their R(;port, and the further fact that these pup-seals coidd not have been of sutlicient age, while on the Islands, to have been affected by any slaughter wliatsoever. ALLEGED FKAUDULENT ADMINJSTKATION ON THE PKIB- ILOF ISLANDS. Tn.iiro('t(imr,ir.-8 As already noted (ante p. 68), the British ol Triiiul ill lit'iiort. ^ . . ■, -.i . i • , i Commissioners nave, witliout making actual charges of fraud, insinuated and apparently en- deavored to give the impression that fraud ^vas perpetrated on the Pribilof Islands by the former lessees, the Alaska Commercial Com])aiiy, in taking sealskins therefrom over and above the number allowed annually by the lease. This Tho par ties covert charge of maladministration is a reflec- cliaiyod. '^ tion upon the integrity of the United States 'I i FRAUDS CHARGED IN REPORT. 113 officials at San Francisco ami those who have at Tho parties different times for twenty years liad the ciiarj^e and iiiana^einent of the Alaskan rookeries. And, inasiimdi as no such increased numbers of skina a})pear in the reports of sales by Messrs. C. M. Lanipson & Company, of London, it involves a reflection, also, upon the intej^rity of that well- known hoUS'3. The Goveriunent of the United States is loath Groat Britain and the frauds to believe that Her Majesty's Government inten- ci^rgod. tionally and knowin<^ly adopted these charges ao-ainst tlie ofhcials of the United States and cit- izens of both nations, wliich are entirely unsub- stantiated by evidence, when it incorporated the . Report of its Commissioners in its Case before the Tribunal of Arbitration, ccmfidently believ- ing- tluit all such matter, if it had been previously observed by the Ag-ent of Great Britain, would have been expung-ed from the Report before its submission as a portion of the British Case. Inasmuch, however, as such charsres have be- „ Keaaon United ° Stat(*8 consider come a part of the Case of Her Majesty's Gov- *^'' "barge, ermnent before the Tribunal of Arbitration, the United States consider it a duty to deal there- with, not because the same are sufficiently defi- nite or important to establish any facts material to this controversy, but for the sole purpose of vindicating- tiie officials of the United States; 12304 8 'i 1 gy k 1 ! I i ■ -.s ' ill I ' -I 'A I i ..'^.M^.X-: mf ■' mii ' 'it Vi^H '.\ 'B'f ■ W ^ i 1 ^ ml I M -',( 1 I 114 MANAGEMENT. H<^!iHon United nevertheless, always insistinn^ that the charge. Frand, an alleg- ed in the Ueport. I' t!i ■ -'■« all such charges of fraudulent practices are iiTelevant to the present issue, and are introduced by the Commissioners for the purposes of distracting the attention of the Arbitrators from the true issue and of throwing a general discredit upon the ad- ministration of the seal rookeries by the United States. The charges referred to are presented in the Report in the following words: "Statements have been made to the effect that during the lease of the Alaska Commercial Company frauds were perpetrated in regard to the number of skins taken on the Islands and counted for taxation. No direct evidence of this seems to have been produced, but as the official counting of the skins both on the Islands and in San Francisco was done in bundles, each of which was supposed to consist of two skins, it is obvious that, but for observed difference of size and weight, three or even four skins might have been bundled and corded together and counted as two." (Sec. 670.) And, again, the Report states that there were "several instances of the same individual, now in the capacity of an employ^ of the Company and again as a supervising officer of the Government" (Sec. 52), and the latter assertion is connected FRAUD!* CHARGED IN REPORT. 115 witli tlio st;itt'in(3nt that tlm reijorts made to tlio i'rmi Counting skina ^"*^ niiPribilollHlauda I is I y f i m %\ \ V: 1 » i,. - \l"' 1 1 h i'' k 1 i>" u il: I V I I » i Ii 111 1 ^':^ \.lU I . i 116 fANAGEMENT. oil undH Conntiiiff Hkiiisflo tliG woi'k, 'd» ejicli is i)ai(l for Ilia labor by the 1 Pribilof l8l- '■ -^ bundle; by the {^ovenimoiit agent when they are taken from the salt-housen for shipment, and the fourth time by the first officer of the company's steamer, as they are delivered on board." The bundles were then tran8})orted by the steamer to the port of San Francisco and never opened on board the vessel, excepting to re- bundle those which had become loose, and then only two skins were placed in a bundle.^ On Rerount at San reaching San Francisco the bundles were counted trancisco. " by a United States custom-house official and also by an employ^ of the Alaska Commercial A few bundles Company.'"^ A few bundles were then opened by an agent of the company, to examine into their condition, the number thus opened being Packing ami from twelve to twcuty in the whole cargo.* All the Pribilof sealskins, bundled as when they were received, were immediately packed in casks (such packing since 1878 being done at the wharf where the skins were unloaded),* taken to the railway station, and shipped to C. M. Lampson & Company, of London.^ • M. C. Erskine, ;)os< p. 360. •Lonis Slo88,.jr.,po«< p. 384. •Gustave Niehauin, post p. 382; Lonis Sloss, jr., post p. 384. !il ! I imniiiui fraud in T\w Coiniiiissiouers furtlicr nAv upon Afr. Elli- vveiglitorbuudieH. . . ', ott'« stutifint'iit, tluit skins wcinlj iVoin ftS pounds to 12 pouiuls (Sec. <)71), and upon tlio conipiiri- 8on of sucli Htiitonu'Ut vvitli tliat of Lieut. May- nard, "an iiid('})on(k'Ut ol)sc!rver,'' wlio yivcs tlio av('rii<;e vv(Mg'ht of bundles as 22 i^unids and the \v(;iglit of tlu* largest as ()4 pounds (Sec. G72). This "appears" to the Couunissioners to recjuiro "some (;xi)lanation" (Sec. (573). The implication is evident, and the UnittMl States otier the expla- nation in vindication of the ofticers of the Gov- Expinnntion ot'ernnieut who are thus charged. A bundle con- tains not only the two sealskins pro})er, but salt and blubber, with which they are packed for their preservation; this naturally adds greatly to the weight, as does also the moisture collected by the sjilt and fur. A bundle will, therefore, some- times weigh as much as 60 or 70 pounds, if the two pelts are large, and even when consisting of only two skins of "yearling pups," weighing when dry probably f) pounds, the bundle weighs sometimes 20 pounds.^ It is also a fact that in the early years of the lease some excei)tionally large skins were taken on the islands.^ Vartons counts \ comiiarative statement of the connts of the iif ski)scoini>iue Jilii 1 E Tj ' • If I . I h li u\^ 1 1 .nil: I ' ) : 1,' I'-i'j .1 ■ ' ■ ' I -'IK i; \ 120 MANAGEMENT. Mooro'8 report skins, the customs officials at San Francisco, and of 1875. the great house of Messrs. Lani})8on & Com- pany in London are one and all in collusion and con8i)iracy to defraud the Treasury of the United States. Tiiere would, besides, be another diffi- culty to overcome, as it would be necessary to koe}) false books and false entries, while in fact nothing is so easily detected as false bookkeep- nig, »n Employees of As to the allegations hi the Report that Gov- lossci's ;is (io\ crti- o- • 1 f 1 1 / /• 1 meiit iiycuts. crmuent omcials were tormerly employes ot the lessees, the United States admit that in one in- stance a Government agent (John M. ^lorton), who had charge of the administration of the Pribilof Islands, was formerly in tluj employ of the Alaska Commercial Company,'^ but deny that any similar case has occurred, and assert that the imj)utation of fraud frojn such a circum- stance is unwarranted. Further vindication of the officials and citizens of the United States, to whom the C(.mim'ssion- iiv» have seen fit to impute fraudident ])ractice8 and conspiracy to defraud the Government of the United States, is considered to be unneces- sary. • Post p. 283. ' Gustave Niebauiu, post p. 283. ^'jifm^ THIRD. REGULATIONS PROPOSED IN THE REPORT. The Conunissioners of Great- Britain have in- troduced in tlieir Report a number of schemes for tlie future n>f it, as entitles them to protectioii and to be protected by the aw; rd of this Tribunal ag-ainst all pelagic sealing, which is the subject of controversy in this Case. And, quite irre- spective of ally rig'ht of property or of self- defense in respect of their territorial interests, they claim to have clearly shown that no reg-u- latioiis short of prohibition will be sufficient to prevent the early destruction of the Alaskan seal herd. In a consideration oi these reg-ulations sno-- .fniisdiotioTi of . '^ Trilnuiiil of Albi- g('ste(l, it IS apparent that the principal cm-tail- •^'"ti""- ment of seal-killing, in each of the various ])lans proposed, is to be applied to the Pribilof Islands. ■.?■/?■' ''W « •i( H 7r' statements in the Report show the little inn)ortance of such a rej^'ulation : "The rifle was introduced, thouj^-h soon supei'seded by the shot- gun, which has now become the usual hunting weapon" (Sec.oH 4, p. 100); "if killed, as happens in the majoritv of cases, especially now that the shotgun has su[)ers'j.u'd the rifle," etc. (Sec. 604); "the use of the shotgun for the p'lrnose of kill- ing si'als at sea has now become so nearly univer- sal that it is dou})tfuV' etc. (Sec. 057). It does n(»t seem that the Connnissioners can seriously ad\an('e a [)roi)osition to prohibit a weapon the use of which in pelagic sealing* has become ob- solete. 1 iM' second imin'ovement is the ado])tion of a T.ioonspg ap])iy f-.\ s.M'i ot licenses tor ll/zlfc 7<'it>/^('r.s' there bein"'"'"'^'^"' no - .ggtstiou niade for such licenses for Indian IiiihI'.,-. In IS!) I, according to the Connnis- sioners' table (p. 20")), 71/^ whites and 308 In- dians were emploxed on the vessels constituting ; fiM i r m ill m i i; V h,. I! ' ' li, ( I ■ ) ' 1 ■ 124 REGULATIONS PROPOSED. Liccnsps apply tlio Victoria sealing' fleet only to hill 1' of huiitui'S. Of all these vessels but three had white seamen (p. 205). It can, therefore, be assumed that at least o60 of the In- dians were hunters or canoemen; find, as but two Indians g-o in a canoe,^ 180 of the 3G1) boats and canoes yiven in the table contained Indian huTit- ers, so that this general "improvement" proposed would onl}' affect one-half of the hunting force of the Victoria fleet. Besides this, the system of licenses proposed, the United States contend, could ml he made eft'ective, even if it covered all classes ot 1 "s. incronsoii li- Tlic tliird improvement" suggcstcd is to in- cense tor steiim '■ viissuisoiuovaiue. ^-i-ease the license fee for "vessels propelled by- machinery." As but two out of tifty of the Vic- toria fleet appear, by the table in the Report (p 205), to have used machinery in 1F9L nnd as their catches were but 50 and 3^5 skins, res{)cc- tively, wliile the average per vessel is shown by the table to have been nearly 1,000, it is impossi- ble to see how such a restriction would be par- ticularly beneficial. It has also been stated by those interested in pelagic sealing at Victoria that the steam vessels used in seal-hunting have never paid expenses.^ 'Ai)pen(lix to ('use of the United States, Vol. I, pp. 498, 504; Vol. ir,pp. S17,32(5, 369,etc. •Report of Special Ageut Henry, poBi p. 246. J |! SPECIFIC SCHEME SUGGESTED. 125 (h) Restriction in the number of seals to he taken. {Sees. 151-154.) The Eeport presents siiffffestions whereby it is Unfaimpss of ^ '^ . liiiiil;iti(.iis pro- proposed to limit the number of" seals taken. Itpusu^i- is observable that the limitations proposed for the Islands are for a fixed number and class of seals; while the restrictions for pelag-ic sealing- are pro- liibitions as to time and place, no provision being made as to number or kind of seals taken. The unfairness of such proposals is manifest. (c) Specific scheme of regulations recommended. The Connnissioners, after this generalization Rcsuiarions rec- . . inuiutuded. as to the metJiocls ot restriction necessary, present specific limitations "at shore and at sea," which they believe woidd {iB'ord the requisite degree of pivjtection, in view of the actual condition of seal life as it presents itself to them at the present thne. (Sec. 155.) The first restriction proposed is to limit the Liniitation of number ot seals to be taken on the Pnbdot isiauda. Islands to a fixed maximum of 50,000 (Sec. 155a). This proposed regulation, being a])pli- cable to the territory of the United States is, as already noticed, without the juiisdiction of this Tribunal. The second proposition is to create a zone about Protortivc zone the Pribilof Islands with a radius of 20 nautical ^""^'""'^ ' I! i < i H I It ii I i I > ; - i '.H. J i: 126 REGUF.ATIONS riiOl'OSED. i rrotfctivo zone miles, witln'n which pehigic sonliii;^ shnll be pro- hihited (Sec. 15r)b). The Case of tlie United States has fully dealt with this plan of zonal pro- tection/ and the Report itself i)ractically admits the ditticulty of enforcing- such a prohibition (Sees. IGO, 768). ci()s< sc;i.soiiino- '^riie third proposal of the Coinniissioners is a close season for pelagic sealing, extending from the loth of Sei)tendjer to the 1st of May in each year, with the additional provision that no sealing vessel shall enter Bering Sea before the 1st of Rnsia of pro- July in eacli year (Scc. loSc), This is based on the assumption tiiat males and barren lemales constitute substantially the whole of the })elagic catch i'l Benng Sea (Sec. ()48). If, however, this could be established, it is at once evident that, if the alleged faults in the management of the Pribilof Islands were corrected, the class of barren females, alleged as forming a large per- centage of the Bering Sea catch (which assertion is advanced as an apology for pelagic sealing), would entirely disappear. Thus the excuse for open-sea sealing is based on the alleged mis- management of the seal rookeries by the United States. cioso season The period in which sealing is allowed by the would have little ' " regulations proposed is substantially the same as 'Case of the Uuited States, pp. 2.oG-263. ell'uct. ' in. i SPECIFIC SCHEME SUGGESTED. 127 the time occunied by the sealers m tukiim- the cioso h en son ^ •' " wimld liavo littlo so-called "Sand Point" and "Bering- Sea" catclies, eticct. which ill 1891, according to the Commissioners' table ([). 205), constituted 93 per cent of the total catch of the Victoria fleet. The Commissioners thus propose that the Pribilof Island quota bo cut down 50 per cent and the pelagic catch but 7 per cent. As to the further concession of the Report, „n."* •'"*';'■',"« that sealing vessels may be prohibited from enter- -^l^^^ ^> "" «""''««- ing Bering Sea till the 1st day of July in each year, it is to be noted that tlie Commissioners state that the sea is "now usually entered by peliigic sealers between the20tli of June and 1st of July" (Sec. 649). It can not be that such a useless restriction can be suggested in the Report, except for the purpose of appearing to make a concession wlien none is really made. The Report further proposes that for eveiy " Componsntory 1 C ^ r\ nnr. 11 i t i n '^ adJustlllCUts" pro- clecrease ot 10,000 seals taken on the Islands iuu'oaod. increase of 10 nautical miles be given to the wiposoiippii.i; \veek of pelajjfic sealinjjf eciuals 10,000 seals killed. ic cnl.li, IU,0U0 a I o n i i week. ^^ tini open season proposed by them consists of Tieailytwenty Aveeks, this presupposes a jjelagic catch of 200,000 seals, or four times as many as are contemplated by their regulations to be al- lowed to the Pribilof Islands. It would also make the combined number of skins dei'ived from the Alaskan herd 250,000, which certainly would be more damaging- to seal life than the present condition of affairs, even if the United States allowed 100,000 skins to be taken on the Islands. rnf lirii.'^s of The recommendation by the Commissioners «'"'«"• of a series of regulations such as those above considered is clearly indicative of the bias and partisan spirit which appear in nearly every section of their Report. A 1 torn a five The alternative regulations proposed (Sees. iiK'tliiicIs of rt'gii- " 1 I \ latioua. 163-1 G8), sucli as entire prohibition of killing seals on the breeding islands and perioi-riug schedule, the United States admit that they were ^*"' ^'^"^^"'^•i- ordered by the cruisers of the United States to leave lierinjr Sea, where they were unlawfully eng-aged in taking fur-seals; and, as to others, that they were about to enter that sea for the same unlawful purpose and were warned not to do so by the cruisers of the United States. But, whether the vessels so ordered out of Bering Sea, or warned not to enter the same, left it, or refrained from entering it, by reason of such 12304- 139 il 11 i! II i : '.'~ iii', v, '; i .1 . 1 *«'- il ^1 130 REPJ^Y OF UNITED STATES Rnnsons why Boizui'CH mudo. Proiiibition ofonloivs Mild waniin<»'H, the Uiiitofl States are not BeiiliiiK ill l<)'riii<{ Sea udiuittod. informed savG by the statements ac('om|)nnyin<^ said claims, and they do not admit that such orders or warnings were obeyed. The United States cliarge that each and all of the vessels when so seized were engaged in tlie hunting of fur-seals in the waters of Bering Sea in violation of the statutes of the United States, and that such seizures were made in accordance with the laws of the United States* enacted for the protection of theii property interest in the fur-seals which frequent Bering Sea and breed only upon the Pribilof Islands, which Islands are part of the territory of the Unijted States; and that the acts of the crews and owners of these vessels in hunting and catching seals were such as, if permitted, would exterminate the Alaskan seal herd and thereby destroy an article of commerce valuable to all civilized nations. Vessels Roized, It is further insisted, on the part of the United OWIirtl liv I'llitl'd ^ 11. 1 mi ^ States citizeus. htates, that the steam schooners 1 hornton, Grace, . Anna Beck, and BolpMn and the schooners Say- ward, Carolena, Pathfinder, Alfred Adams, Black i Diamond, and Lily, for the seizure of which claims for damage are made, were at the time of their seizure owned in whole or in part by citi- ' Soc. 1956, Revised Statutes of the United States ; see Appendix to Case of the United States, Vol. I, p. 96. i( li. TO BRITISH CLAIMS FOB DAMAGES. 131 zens of the United States, and that, therefore, Vessou ii»^i?!C(i. owiK^il by Unitotl no claim for damages can be nrged in their be- ^tauu citizeus. half by Great Britain; that the steam schooners TItoniton, Grace, Anna Beck, and Dolphin and one-luilf of the schooner Say ward were owned RolivtionsofBoH- by one Joseph Boscowitz, a citizen of the United cowitz, Warreu, States; that James Dou'>^i'«;i:Livo piof- ' Its. the sehediile, desij^-nated as " loss of estimated catch," " i)robal)lo catch," "balance of pro))ablo catch," " reasonal)lo earning-s for months of Oc- tolier, November, and December," "loss of profits," for seasons subseijuent to seizure, and all items in said chiims based on future or con- tingent events, are in the nature of prospective prolits or speculative damajres, and are so uncer- tain as to form no Icf^al or equitable basis for lindiiig' facts upon which dama<^es can be predi- cated. Claims of the same nature were mad on behalf of the United States before the Tribunal of Arbitration on the Alabama Claims, which met at Geneva in 1872, and in passing- upon this class of claims that Tribunal said: "And Docisinn in Gt'iiova Arbitra- Avlierc^as prospective earniuf^s can not properly '^'""• be made the subject of compensation, inasmuch as they depend in their nature upon future and uncertain contingencies, the Tribunal is luiani- mously of opinion tl/it there is no ground for awarding- to the United States any sum by way of indemnity under this head.^ ' W. H. Williams, j>os/ 1). 352. •Papers ri'lating N) the Treaty of Washington (Alabama Claims), Couj;n;s.siomil piiblicatiun, Vol. 4, p. 53. ■; I msm raiBi I 1 ■ 134 All (1 n m a K ti s cliiiiucil oxueasive. REPLY OP UNITED STATES. QiiPBtioTis sub- mitted niKli'i' Ar- title Vlll. It is further insisted, on the part of the United States, tliat the vahio of each and all the vessels so seized, mentioned in the schedule of claims, and the detailed accounts in relation thereto, are grossly exaggerated, and that, in fact, the values of these vessels and their respective outfits were fiir below the amounts stated and claimed; and the damages claimed are in all respects excessive,' aside from those which, as stated above, are wholly untenable. The United States do not deem it necessary to state in detail wherein the valuations and dam- ages claimed are excessive and exaggerated, or submit proofs in relation thereto, further than by the analysis of said claims found in the Appen- dix to this their Counter Case, at page 339, for tlie reason that the "questions of fact involved in tlio claim" of either of the parties to the Treaty against the other, to be submitted to the Tribu- nal of Arbitration under the provisions of Article VIII, should, as this Article is understood by the United States, have relation only to such facts as tend to hx the liability of one party to the other, find do not include facts which only relate to the amounts of such claims. 'Tables sliowinn; vuliifs of vi^ssem seized, tc, puat pp. 339-340. Report Britibli Coiuuiissiuuurs, pp. 2U5, '2'x.O, aud 211. ^' 1 1:a\ i CONCLUSION. 135 The Government of the United States, in clos- RensHoits the Tnmitii>iis tukuu Lu ing its presentation of the matters in controvers} ^ I p gjTjFiriiimi ii M/ m k ^mim^ '' ill ^ 1 '(tl TO '^ Hi: r ji APPENDIX !'!'■ fi', THE COUNTER CASE OF THE UNITED STATES. 137 •i ■' I I (<: p ^t i ! ^ DIPLOMATIC CORRESPONDENCE RELATING TO THE INTERPRE- TATION OF THE TRi'ilATY OF ARBITRATION. Mr. Foster to Mr. Herbert. Department of State, Washington, September 27, 1892. Sir: On the 6th instant, the day after the receipt by nie of the Printed Case of Her Majesty's Government called for by the provisions of the Arbitration Treaty of 1892, in a conference whicli I had the honor to hold with jou at the Department of State, I made known to you tlie painful impression wliich had been created upon me by a hasty and cursory examination of that Case. I withheld any formal representa- tion on the subject until I could have an opportunity to lay the matter before the President. His absence from this capital and the attend.ant circumstantics have made it necessary for me to delay a communication to you till the present. I am now directed by the President to say that he has observed with surprise and extreme regret that the British Case contains no evidence whatever touching the principal facts in dispute upon which the Tri- bunal of Arbitration must in any event largely, and in one event en- tirely, dei>end. No proof is presented upon the question submitted by the treaty concerning the right of property or property interest asserted by the United States in the seals inhabiting the Pribilof Islands in licring Sea, or upon the question, also submitted to the Tribunal of Arbitrati(m, c(>ncerning the concurrent regulations which might be ne«H*ssary in a certain contingency specified in the Treaty. If it were fairly to be inferred from tliis omission that no proofs on these import.ant points are intended to be offered in behalf of Her Maj- esty's liovernment, no ground for criticism or objection by the Govern- ment of the United States could arise, since it is within the exclusive province of either party to determine what evidence it will submit in respcr(»perty interest in the seals referred to, and t;ie quesfon what concurrent regulations in the specified contingency may be necessiiry, are directly submitted to the Tribunal; that the Treaty assunu'S that each party will or nmy have allegations to nmke and evi- denre to pioduce upim both questions; that the plain contemplation of the Treaty is that each party shall state in his case what his proposi- tions of hnv are, and the evidence which will be relied upon in support of them, to tlie end that the other party may have a fair opportunity of 8h(»wing in his (Jounter Case that such evidence is untrue, or erroneous, or i»artial, or std)ject to qualification or explanation, for which i>urpose alore the provision for a Counter Case was framed. Tlie British Agent and Counsel must well know that the decision of the t^^o questions above referred to must depend ui)on the evidence produced concerning the nature and habits of the fur-seal, and the metiiods of cai)ture and killing which are consistent with the preserva- tion of the species; and that it is mainly upon these points tliat collision and contradiction upon matters of fact and differences in respect to matters of oinnion are exhibited by the statements of jiersons likely to be made witnesses; that su(;h witnesses are, in many instances, under the infiuence of prejudice and bias, and in some, open to the suspicion of insincerity and untruthfulness; and that the only way by which either party may protect itself against the consequences of falsehood or error is by iiaving an opportunity to detect and expose it. The President can not conceal his astonishment that it should be assiimed tliat the British Government is atliberty to introduce a whole body of testimony of this character for the first time in its Counter Case, and thus shut out the United States from an opportunity of detect- ing and exposing any errors which may be contained in it. The Gov- ernment '!f the United States can not fail to be aware, from the cor- respondence that lias hitherto taken idace on this subject between the two Governments, as well as from full infoimation derived from tiie representatives and agents of Her ^fajesty's Government and the (Cana- dian Government in the courseof the proceedings and discussions that have already occurred, not only that it is claimed on the part of those (Jovernments that material evidence exists to contradict tlie facts as- serted by the Government of the United States, but that a considerable part of it has been already taken and prepared by the British Govern- ment, as to the chara(?tcr, extent, anossible, thougli not easy, in respect to so much of the Case as has been for several months ju'eviously in the hands of ccmnsel, if only evi- dence strictly in rebuttal remains to be dealt with after the Counter Cases are exchanged, it would be nninifestly impossible, if the bulk and strength of the British proofs are to be presented for the iirst tinu^ in the Counter Case, to prepare any argument in respect of them that would be likely to be useful within a period so short .and so interrupted. To a constru(!tion of the terms of the Treaty which leads to results 80 grossly unjust and so gravely prejudicial, the Government of the United States can not assent, it would be, in its judgment, such a perversion of the letter and such a violation of the spirit of the Treaty as would threaten to defeat its objects and be fatal to its usefulness. It may safely be asserted that in no judicial proceeding ever invented for the determination of disputed facts was it allowed tliat one party should be at liberty to introduce his whole case in such a manner as to give his adversary no opportunity to present evidence in re])ly to it, although aiforded on his own side full means of replying to his adver- sary's testimony. Such a method of trial could not be expected to result in a just decision. Had such a proposal been made in the present case by either of the high contracting parties, when the provisions of the Treaty were being framed, it would have been at once rejected, not only as inadmissible, but as unworthy of the Government presenting it. The true intent of the terms of the Treaty in respect to the mode of trial is, as the Government of the United States respectfully insists, obvious and clear. But one Case atul one Counter Case are provided for on each side. No issue is previously formed, and no pleadings in- terposed. It is manifestly contemplated that both parties shall sinuil- taneously submit to the Arbitrators and to each other, in the Case which is to be exchanged within tour months from the ratification of the Treaty, their propositions, their claims, and their evidence, xipon all points in dispute. Neither goes forward, as in an action at law, neither is entitled to wait until he receives his adversary's case before submit- ting his own. Both understand by long correspondence and negotia- tion what the controversy is. Then to each is afforded the opportunity to reply to the Case on the other side in the Counter Case, wliich is to be exchanged within three months after the reception of the Case. The language of Arti^Ue iv is upon this point decisive. No further oi)por- tunity of submitting evidence and no second hearing are provided for respecting regulations or any other nuitter. To the Counter Case no reply is provip THKATY. 145 tn'ont of llii' Hvo points bcin;; decided nii favorably to the t'laim of the United States. Tiie sixth Article requires that a distinct (h'eision sliall bo given on each of these points, while the seventh Article provides that "if the, the report (»f si Joint «'ommission, to be appointed by the respective /j^ove •nments shall be laid before them, with such other evidem-e as either (ioverninent may submit." It will be noted tliat the seventh Article of tin* Treaty refers only to the report of a joint commission, and it is by the ninth Article alone ju'ovided that the joint and several I'eports and recommendations of the (^(unmissioners may be submitted to the Arbitrators, " should the contingency theietbr arise." The event, therefore, on the happening of which the report or reports and further evidence are to be submitted is thus in(iicate iji I* III ,n fc • 1» : 1' 1 ; "I 146 DIPLOMATIC COKHKSI'ONDENCE. with rofcroiu'o to tlio (|in'Hti()ii of tho concurn'iit lojjulatioiiH, oxpresa ]M'i'iiiisHion is jiivcii to t'ncli ^ovi'riiiiiciit to siibiiiit otlit'r evich'iu'*'. Tlu'st" are tlie viinvs of tlic (lovciitiiiciit of Her lU'ltaniiic. Majesty, and tli(\v iiiiist maintain tluMr con-ct'tncss. lint tlic Uovcrnnicntof the Unit«' consideration of cuncnrrent regulations should have been included in the Case on behalf of Her Britannic Majesty luesented under article in, and that the absenc«' of any statement of sueii facets ]>laces tln^ United States at a disadvantage. TIh! (lovernment of Her Hritannii; Majesty, while dissentin}; from this view, are desirous in every way to fa«'ilitate tlu' profjfress of the arbi- tration, and are therefore williiif; to fuinish at once to the Government of the United States and to the arbitrators tlie sepaiate report of the liritish (^(unmissioners, with its appendices. The (i»>verninent of the United States are at libeity, so far as they think tit, to treat these documents as part of the Case of the Government of Her Britannic IVIa.josty. H«'r Uritannic Majesty's Go\ernnient must, however, reserve to them- selves tlie rij;ht of dealiii}>' in its Counter Case, or at later stajjes (»f the proceed i 11 j;s, as conteiii|)lated by the Treaty, with the <|uestion8 which have been raised in tiie Case of the United States. It must also be understood that Her Britannic Majesty's Government reserve to them- selves the rifjht of objectinj; to the introduction in tlu^ c(msideratiou of the five points submitted by the sixth article (»f the Treaty of matter which they contend to be irrelevant and which they consider to have been impro|>erly introduced in that connection. The Goveinment of Her liritannic Majesty have observed with sur- prise a sufjsestion, ciuitaiiKul in the eoncludinj; parafjraphs of Mr. Foster's note, that they have derived an advantajic in " makinfr up the report of its Commissioners," by beiiifj first jirovided "with that ot their cK1'AHTMKNT OF 8TATK, Wanfiinffton, NornnlHr !>, 1S92. Sir: I liad tlie lionor to receive tlirouuli y<»u, cm the I'atli tiltiino, u ropy of Lord l{ost'b«'ry's dispntrli of the \'M\\ of the same nioiitli, but ail iicknowledninent has been di-Iayed for tlie reason that tlie iiiteri)re- tatioii placed by his lordsiiip upon those provisions of the Arbitration Treaty of l''ebruary lilt, I.S!>l', which rehite to the nio«b' of pro(!edure, called, in the view of tlie President, ♦or some response from the (Jov- ernmentofthe I'nited States, ami thai this cfuild be more intelligently framed after the copy of the report of the JJeriiin Sea CommissioiierH nmde to Her Majesty's (Sovernment, and which Lord Uosebery ox« l»ressed a willingness to furnish to the iyuous laufrnayre in par- ticular clauses by a re(ronciiin}?eoi<'<^rnetion which will oeiiiiit the known intentions of tlie framers of tlie docuinei.t to have their (^ttecr. Applyinji" this ride of iiitci-pretation to vhe case in qnesti;;ii, 1 am of the opiinon tiiat the particMilar expressions upon whic'.. ijord Rosebery relies have nothin}? in them inconsistent with ihe pliin intention of the framers of the Treaty, as manifested by tlie main provisions above re- ferred to. So far as the paiticulai !au<;uaf;e of Article vii is concerned two observations are to l)e made: First. Interpretinjf this lanj^uafje as it stands in the Treaty, and with- out referring to any fact aliiDule, it appears to i)e eciually consistent with either view. The point at which the ( "onimissiouers | Arbitrators] are to consider the matter of comMirrent letiulations is fixed: but neither the time nor the i)oint at which the rejiortor other evidence is to i»e laid lie fore them is tixed. The intention may. just as well have been that this should be done in the Cases, and furnislied bytihe parties toeacli otiier. It is a freipient occurrence in judicial controversies that cases i>resent alternative asjyects. 8uch instances do not <^all for separate hearinj? and decision; but the evidence bearinj'' upon each view is submitted at the outset, althou<;li it is well understood that in certaui contin- gencies i)arts of the allegations and [iroofs will not be considered. Second. As a matter of fact, wliat now stands as Artittle vii of the Treaty was, in the same language, part of an agreement entered into by the di]>lomatic representatives of the two nations before the treaty was concluded, and before the jn'ovisions in relation to tlu' exchange of Cases were framed. It is easy, therefore, to see that all M»at was nec- essary at the time the Article was tirst framed and agreed n\ntu was to provide for the laying before the Arbitrators of their report a,iid other evidence, leaving the details of when and how sucl: evidence should be seasonably furnished by the respective i)arfies to each other to be there- after settled in framing other i)rovisions of the Treaty. Touching the hinguage of z\rticle ix. relating to a contingency m which it is contemplated that the reports migiit not be laid l>efore the Arbitrators, and which contingency Lord iotsenery sup]>oses to be that of a detennination by the Arbitrators npnii tue Hve sj»ecial «iuestions subnutted to them adverse to the Llnited Start's, i beg to submit that Lord Rosebery is clearly in error. The «ubsr,an(re of Article ix was also embraced in the agreement above rev 'rred to, which precedeective Governments, and uot as Lord itiwebery supposes that of a k RELATINO TO INTERPRETATION OF TREATY. 149 determination upon tlie Ave special questions julverae to the contention oftli* iTiiited States. A. coininunication from Mr. Blaine, one of the negotiators, is appended hereto showing the circumstances under wuicU the antecedent agreement was made. It is believed that Sir Julian Pauncefote, the negotiator on ilie part of Her Majesty's Government, will not dissent freai tiiis statement. For the ahcve reasons I can n(»tconcurin the reasoning of Lord Hose- bery based upon a special consideration of tlie language of particular clauses of the Treaty. If his interpretation of the Treaty is correct, the whole matter of the submission of evidence and of argument as to mat- ters artecting the questioi; of reguhitions is, as I have already sug- gested; left without any presi,iii)tu)n of methods or limitiitions as to tini'!. In view of the care taiven in these pai ticuhirs in tlie Treaty as to the Case and Counter Case and argument, it is not to be supposed tlnit such an omi>sion would have occurred. The provisions made were plainly intended to cover all matters submitted. 1 am clearly of the opinion that the clauses (tited by Lord Hosebcry, when pi-operly ex- amined in connection with the circumstam-es under which tiu'y were framed, contain notliing inconsistent with tiie plain general intenti eadi i»arty an opi»ortunity to meet andoveicome the allegations and proofs of his adversary upon known, and can '.ot therefore be determined, until the facts out of which they arise are known; and i can not concur with Ltnd Itosebery in the view which appears to be entertained by him that the facts concerning the nature and hal)its of 'ur seals and the nxxles by which their iiu-rease may lie made subservient to the uses of man without endangering the existence of the stock, are not i»ertinent to tlie claim of the United States to a property interest. On the contrary 1 regard these facts as in the highest degree ini|)ortaiit. Having thus expressed tiie views enrertained by the iJovernment of the TTnited States upon the argument of L;ire "fully, yields to the lioveriimeiit of the I'nited States the benefit of its inter- pretation, by fnriiishiiig to the latter the separate Report of Her Majesty's (Jomniissioners, with the |)eiinission that the same Ite treated as |»art of the oitginal Case on the part (»f (ireat ISritain. If, as I be- lieve and assiune, this Report contains substantially all the matter which Her Majesty's (ioxcrnment will rely ui)on to siipjiort its conten tious in respect to the nature and liabits of lui-seals and the modes of ii-! ^ir hi I'i r i i 150 DIPLOMATIC CORRESPONDENCE. !''^ capturing them, T entertain a confident liope tliat ail farther difficulty npou the questions discussed in this note may be avoided. I deem it ne(!essary, however, to say tliat tlie Government of tlie United States will, sliould occasion arise, ttrmly insist upon its inter- pretation of the treaty and tliat it reserves the right to protest against and oppose the submission to, and reception by, the Arbitrators of any matter which may be inserted in the British Counter Case, which may not be justified as relevant by way of reply to the Case of the United States." The President is further gratified by the readiness manifested by Lord Uosi'bery to concur with the Government of the United States in respect to such extension of time as may be needed in dealing with the Report, of whicii he has furnished a copy. This friendly offer will be communicated to the Counsel on behalf of the United States, and their wishes will be made known to your Legation or the British Agent. I have the honor to be, with the highest consideration, sir, your obedient servant, John W. Foster. [Inclosare.] Mr, Blaine to Mr. Foster. 1: h H>\ I ii? I! 8'; 17 Madison Place, Washington, Isovember 8, 1S93. Sir : After an arbitration had been resolved upon between the Am- eiican and British Governments, a special correspondence bet\veen the Department of State and Lord Salisbury ensued, extending from early in July to the middle of November, 1891. The various subjects which were to be discussed and the points which were to be decided by tlie Arbitrators In the affair of the Bering Sea were agreed uimju in this correspondence. A month later Sir .Julian Pauncefote, the British Minister, and my- self arranged the correspondence and reduce, 1892, ratified by the President on April 22, ratifications exchanged on May 7, and proclaimed on May 9, 1892. In all these steps, including the correspondence with Lord Salisbury, the memorandum concluded between Sir .Tulian and myself, and the treaty that was ultimately proclaimed on the 9th May, 1892, and which was ncg(>tiated by Sir .Julian and myself, not one word was said or inti- mated resjiecting the qiu'stion iu>w raised by the British Government as to a sec(mdary submission of evidence after the first five jMunts set forth in Article Vl iiad be«'n decids'd by the Arbitrators. It was never Intimated that any other mode ()f proceeding should be had than that which is expressed in Articles ill, IV, and v of the treaty. I shall be surprised if Sii' .Julian Pauncefote shall «liffer in the slight- est degree from this recital of facts. I have the honor to be, sir, your obedient servant, James G. Blaine. COMMUNICATIONS FROM THE AGENT OF THE UNITED STATES TO THE AGEiNT OF GREAT BRITAIN. 1 t\ 1 1 :i fe: :»! IN RELATION TO ERRONEOUS TRANSLATIONS OF CERTAIN RUSSIAN DOCUMENTS REFERRED TO IN TUE CASE OF THE UNITED STATES. by tlie in tliis by the Mr. Foster to Mr. Tiipper, Washington, November 2, 1S93. Sir: I doom it my duty to briiij? to your attention, witiiout delay, tlie fact that it lias been diseovere«l by iiie that a number of the docu- ments beh)nf(ing to the archives of the Territory of Alaska, now in tho possession of the Department of State, and referred to in the Case of tiie United States before the Trilmnal of Arbitration delivered to you cm September 1 last, were incorrectly translated from the Russian laiif?uaf?e in which tiie originals ap])ear. riith(> be tound in \'olume i of the Ajjpendix to the Case of tln^ United States, following page .^iH, and English translations of the same are given in Volume i, jiages 41) to JH). It has within the last few days been ascertained that some of these transla- tions are incorrect, but to what ext«'nt I have not yet been able accu- rately to determine. A thorough exanunation is nctw being made, and at the earliest ])ra<'ticable date I shall furnish you with revised and corrected translations and indicate the i>ages in the Printed Case of the United States where the erroneous translations have be<'n quoted or referred to, 1 have, however, not been content to await the result of that examiiiatiun, and 1 hasten to inform you of the above fact, and to assure you tiiat this announct nu'ut shall be followed by a more de- tailed statement with as little delay as possible. The nature of the eirors referred to s<'em to make it certain that the (lovernmeiit of tlie United States has been grossly imposed ui)on by a jK'rs(!ii employed on tla^ work (tf translation. What the motive for such imposition may iiave been I have no knowledge, and 1 forbear from any mention of my snsjiicions. I have the houor to bo, with the highest respect, your obedient servaut. John W. Foster, Agent of the United ISlatea. 161 ■ > I i! LMl llll iS'tt ir 152 DIPLOMATIC CORRESPONDENCE m ^ IM i' Mr. Foster to Mr. Tupper. Washington, November 19, 1892. Sir: TJncler date of the 2d instaut I advised you tliat I had discov- ered that a miinbcr of documents belonjiing to the archives of Alaska and referred to in tlie Caseof tlie United States before tite Triimnal ot Arbitration were inaring the same 1 learned that there existed in t)ie archives of tlie State J)epartment a large collection of documents entirely in tlio Knssian liinguage, which had been turned ovei- by the Russian authorities in the Territory of Alaska at the time of the transfer of \\\^^t Tervitoiy to the United States, in accordance with the treaty of cession of 18(»7. These documents 1 found to be un- classitied and without indices. Desiring to ascertain whether they contained any information relevant to the work I had in hand, I made inquiry for i competent pevson to undertake the needed researcli. After considerable investigation my choice fell ujjou Ivan Petrott". [ learned that hewas a native I'ussian, educated in St. Petersburg, that he had several times visited Alaska as an agent of ti'.e United States (lovernment and had been in tiio employ of thi« Government for sevtiral years in resi)onsible iM)sitions. lie w;i« represented to me as an a<'complished linguist and the best-inf(n"med i)erson obtainable in the Russian language and history, and I was also told that he hadper- foiined a large part of the li'bor in the compilation of II. II. Bancroft's Llist4U'y of Alaska. Having entire confidence in his (rapacity and in- tegrity, I intrusted to him the examination of the Alaskan archives, with the result shown in the use made of them in the Case of the United States and Volunu; i of its Appendix. Only a few weeks ago my suspicion was for the first time aroused as to the correctness of some of tin; i)assages translated by Petroff, and a careful examination lias revealed an ast(mnding series of false trans- lations. As soon as I wasprejjared to do so, 1 brought i'etroff intomy presence and confronted him witli the i)roofs of his infidelity and false translations. The evidence of his dishonest conduct being overpowering, he acknowledged his guilt in t\w presence of witnesses and signed a full confession, of which I inclose you lierevvith a copy certified to by the witnesses. The only motive which he has alleged Un- his conduct is that he supposed by making the false translaticms and interpolations he wouhl so ingratiate liimself into favor and imiiress upon this (iovern- ment the importance and vciue of tlie Alaskan archives as to secure his employment to classify, translate, and iiulex that voluminous col- lection of documents. In making tiiis explanation 1 desire again to direct attention to the fact mentioned in my note of the 2d instant that i)hotolitliograpliic reproductions of all the original documents, of which translations were cited or made use of, were introduced in Volume l of the Ap})en(lix to the Case of the United States, following page 593, and that the British (Jovernment aii<1 its representatives were thus furnished with the means of testing the conectn«iss of the translations. ;*> .1 RELATINO TO ERRONEOUS TRANSLATIONS. 153 I now desire to give notice as agent of the United States that I do hereby formally withdraw from the Case of the United States in their entirety the original Russian documents hereinafter designated. These documents are included in those referred to in the footnote to page 41 of the Case of the United States, of which translations are given in Volume 1 of the Appendix to said Case, at pages 4!) to DO, and facsimiles in the same Volume following page 593. Number of (lociimeiit withdrnwu. Where til. .1 in case ol' till) Uiiiteil Stutfs, 1 Paget. 4;i 44 2 45, 4«. 47 47 48 3 4 48,49 Not cited 5 44,45 Not cited 7 H 41 . . 42 63, 54, (iU HU 12 15 62 10:1, 1U4 I inclose herewith revised translations of those of the Russijin docu- ments hereinbefore referred to which are retained in the Case of the United States, and beg to direct .attention to the following pages of this Case, on which tliere appear talsilied translations of portions of these documents : On page (il, of document No. 14. On pages 54, 55, of document No. 14, inclosuro. On pages GU, 60, of doi-ument No. 10. On page 07, of document No. 17. On page 67, of document No. 20. I have to advise you that I will send without delay to each member of the Tribunal of Arbitration duplicate copies of my note to you of the LM instant and of the ])iesent note, and further that a proper correction of the (mtois inserted in the Case of the United States will be made in the Counter Case and the correspondence relating thereto included in its Appendix. I liave the honor, with this opportunity, to renew to you tlie assur- ances of my highest consideration. John W. Foster, Agent of the United tStates, i !: "II .;--! [IndoHuro No. i.l Wasuington, November 11, 1803. Hon. John W. Foster, ' Depart iitent of State: Sir: You employed me during the i)ast summer to examine the Alaskan recoids or aichives on tile in the State Department, with a view to ascertaining^vhether tiiey contained information whicii wcmld be of use in the Bering Sea Arbitration. U])on my recommendation you ordered that certain ot these records be translated. 1 hereby ac- ■'■\ !* 'm J f f I ' 154 DIPLOMATIC COHRESPONBENCE. knowledge that I misled you in iraporta;;*^^ particulars as to their contents, and that in making the translations I was guilty of gross inaccuracies and interpolations, amounting to falsification. Ivan 1'ktboff, Tramlatoi', Witnesses to signature: W. Williams. John II. Has well. We hereby certify that we are the witnesses above named and that the foregoing is a full and true copy of the original document to which we signed our names as witnesses. Washinuxon, D. 0., November 11, 1892. W. Williams. John U. Harwell. [Incloaure Ko. 2.] CORRESPONDENCE RELATING TO THE AFFAIRS OF THE RUSSIAN AMERICAN COMPANY. [AMENDED TRANSLATIONS.] No. 11. Letter from the Minister of Finance {Department of Manvfactnrea and In- ternal Trade) to the board of adminiiitration of the Russian American Company. Written from St. Petersburg A2)rii 3, 1824. I have had a coinnnxnication from the minister in charge of the Min- istry of Foreign Affairs in regard to the representation made bj^ the board of adnnnistration, dated February II, 1824, No. 73, concerning the per- mission to foreign vessels to enter the harbor of New Archangel for the purpose of trading with the chief manager of the Kussian American Company only, in order to procure articles which are absolutely nec- essary. Count Karl Vasilevitch has informed me that he has made a report on this subjei't to His Majesty the Empenn-, and "that His Majesty, finding that the reasons which induced the board of administration of the Kussian American Company to desire tlie renewal of the trade whii^h formerly existed in our coh)nies with foreigners are deserving of consideration, has been pleased to command that the carrying on of trnde '.vith foreign vessels arriving there be permitted in .accordance with establislied regulations at one designated pcu't." In notifying you of tliis i)ermission of His Majesty the Emperor, I suggest tlnit the board of administiation, on its part, make the neces- sary arrangements to accomplish this object. Lieut. Gen. Kankkin, Minister of Finance. SeSGEI UVAJIOF, Director. AMENDED TRANSLATIONS. 155 No. 13. Letter from the Miniater of Finance to the hoard of administration of the Rimsian American Company. Written from 6Y. Petersburg September 4, 1824. The communication of June 12, 1824, presented to me by the direc- tors of the company, containing? tlieir remarks on tlie consequences which may result from the ratification of tlie convention concluded Apr'l 5, 1824, between our Court and the North American Republic, was communicated by me at that time in the original to the minister in charge of the Ministry of Foreign Affairs. Having now received from him the information that the recorded protocol of the proceedings of the special committee which examined this subjecrt by imperial order has le^eived the full and entire approval of His lm])erial Majesty, I think ii necessary to conununicate to the board of administrutior. of the Rus- sian American Company, for tiu'ir information, copies of the above- mentioned communication of Count Nesselrode to me, and also the pro- ceedings of the committee of July 21, 1H24, inclosed in it, together with a draft of a conuuunication to me, jn-epared by His Excellency; which was also read in the above-named committee and was left unsigned after it had been given final consideration. From these documents the board will see that, for the avoidance of all misunderstandings in the execution of the above-mentioned conven- tion, and in conformity with the desire of the company, the necessary instructions have already been given to Baron Tuyll, our minister at Washington, to the ettect that the northwestern coast of America, along the extent of which, by the provisions of the rotocol of the deliber- ations of the committee, I have the honor to inform your excellency that instructions in entire conformity with the con^duslous contained in that protocol have been sent to our minister, Baron Tuyll. I also inclose with this a draft of a comnumication t) your excellency, written by me by order of the ICmperor, concerning the complaints of the Russian American Company. 156 DIPLOMATIC CORRESPONDENCE. ,. I, id !( f I cheriali tho hope that this document will enable yonr excellency, in conunnniciitin^ to the company the resolution of His Imperial Ma- jesty, to prove to it that the Government has never lost sight of its interests. [Inolosuro in No. 14.] Proceedings of the conference held July 31^ 183i. Count Nesselrode o])ened the conference with a statement as to the present condition of th«' matter intrusted by His Majesty tiie Emperor to the investifjation of tlie assembled committee. He called attention to the articles of the treaty concluded with the minister of the TJnited States (utncernin^ the northwest coast of vVmer- ica and to the remcmstrances w]ii<'h had been made against that act by the Russian American Ccmipsiny in two lett<'rs comnuinicatcd by the Minister of Finance to the Minister of Foreijyii Artairs. Finally, he ju-e- sented a draft of a communication which he intended to forward to Lieut. Gen. Kankrin, in wliich were inclosed the re]>lies of the nunister of foreifjn aftairs to the above-mentioned remonstranees, Tliis draft, having been laid before Ilis Majesty tlie Emperor, has received the imperial approval ; but His Imperial JMajesty imjjoses upon the mem- bers of the committee the duty of again examining it. After the reading of tliis document (which is aniu'xed to the pres- ent protocol, togetiicr with the two letters from the litissian American Company) the deliberations were opened. The members turned tiieir chief attention to the causes of the fears exi)ressed by the comi)any, as well as to the reasons which sixtke in favor of tlu^ convention con- cluded with the idenipotentiary of the Washington Cabinet; and also to the means which the imi>crial ministry thinks best calculated to i)re- vent all injurious and unjust interpretations. The members of the committee agreed by a majority of votes to the following resolutions: 1. That the treaty of April 5-17 contirms to Russia rights which have hitherto been called in (pu»stion; that by virtue of that treaty those rights are acknowledged by the Government which could dis- pute them with great advantage and violate them with great ease; that by it the undisputed jwisst'ssions of Rnssia are henceforward ex- tended even beyond those boundaries within which the Russian Amer- ican (^)mpany was re(|uired under its original charter to carry on the trading privileges granted to it. 2. That since by this treaty the strict i)rohibition of the sale of .arms, munitions of war, and spirituous liqu<»rs to the natives of the north- west coast is put into effect, the American Company acquires by it the protection whi(rh it has always valued so highly, but which it has hitherto never been able to obtain. 3. That this last i)rovision is the more important, because such a pro- hibition, if promulgated on the part of Russia alone, would either draw upon her disagreeable consequences and the most unpleasant end)ar- rassments, or would not accomplish its object, in {consequence of the lack of means necessary for the prevention of its violation and for the repression of prohibited traflrtc. 4. That the treaty of Ai)ril 5-17 contains another tiot less important guaranty, namely, that the Ameri(!ans will not establish settlements on the northwest coast above 54° 40'. By this i)rovision all the settle- ments hitherto founded by the Russian American Company above 57° are placed on a Arm basis, and it is ])ermitted to continue to found new cues under i)arnllels farther to the south. I' AMENDED TRANSLATIONS. 157 5. Tliiit it is not less iulvaiitiigeous to Uussiu to be .assured by iv mutual iiu«l iiniifiible couveiition tiiiit alter tlie e\|>iration of ten years the subjects of the United States of Auieriea will abstaiu eutirely from visitiii}; the waters of the Ncutli Ameriean eoast beyond r»4o 40' and from tlshinp and from trading there with t\u' native iuliabitants; for, on the one hand, it wouhl be impossible to suppose that the States would voluntarily consent to siu'h a coueession without any compensation whatever, and, on the other hand, all the wishes expressed to the im- peri il ministry are thereby fullilled after the expirati(Ui of a certain pei'iod. (». That as regards the iiitluence, however, which the treaty eoncluded April 5 mijjht exert on the trade of Hussia with (!hina, it niust be re- luarked that in this triule on both sides a capital of ri(»,(KM»,(KK) rotibles is invested, and that the Hussian American Company participates in it only to the extent of S(K),(K)(> roubles, or thereabouts; that even if it brought to Kiachta a larger (piantity of furs, otter skins,and sealskins, it would not be able to dispos*' ol them, or wouhl cause material injury to other exported g(»ot1s by glutting witii its merchandise a market which is already very limited, «>wing to the nature of its trade, and that consequently tlu' treaty of April 5-17 can in no resj)ect injure the trade of Russia with China. 7. That as the sovereignty of Russia over the coasts of Siberia and the Aleutian Islands has long been admitted by all tlie i>owers, it tbllows that the said coasts and islands can not be alluded to in the articles of the said treaty, which refers only to the disjuited territory on the north- west coast of America and to the adjacent islands; that, even sup- posing the contrary, Russia has established permanent settlements, not only on the coast of Siberia, but also on the Aleutian grouj) of islands; hence American subjects could not, by virtue of the second article of the treaty of April o-lT, land at the maritime |>laces there ncn- carry on sealing and fishing without the permission of our commandants or governors. jVroreover, the j-oasts of Siberia and the Aleutian Islands are not washed by the Southern Sea, of which alone mention is made in the first article of the treaty, but by the Northern Ocean and the seas of Kamchatka and Okotsk, which Ibrm no part of the Southern Sea on any known map or in any geography. 8. Lastly, we must not lose sight of tln^ fact that by the treaty of April r»-17 all the disputes to whi<*h the regulations of Sei>tend)er4-1G, 1821, gave rise are ternnnated, which regulati«»us were issued at the formal and reiterated request of the Russian Anu>ricau Company; that those disi)utes had already assiimed important proportions and would certainly be renewed if Russia dif Fimmce and Acting State (Jouiu-ilor Drushinin, while admitting the necessity of ratifving the treaty of Ai)ril 5-17, express and place on record the special opinion hereto annexed in the protoccd, to the effect that Hanui I'uyll should be instructed at the exchange of the ratifications of that treaty to stipulate that the right of free hunt- ing and fishing granted by the twelfth article of the said treaty shall extend only from 54° 40' to the latitude of Cross Sound. i \ -■ Ihi arallels of latitude, namely: First. To Yakutat (liering's) Bay, under parallel 59° .{0'. Second. To Cross Bay or Scmnd (Cnws Sound) under parallel 57° — the American Company desires that subjects of tlie United States msiy not be permitted to hunt or flsli in those bays; therefore, the mnjiu'ity of the members of the committee resolve: That, as regards the first of thest; points (Bering's Bay), it lies in a latitude where the rights of Russia have never formed a subject of dispute, and that this imp(U-tant circumstance permits us to include it in the general declaration concerning the Aleutian Islands and the other northern i)laces. That, as regards the second ((^ross Sound), however, as it lies under the fifty-seventh degree of nortli latitude, and consequently within the limits of those islands and regions to which Russia's riglit of sover- eif:nty has been disputed, it is impracticable to apply the same rule or to base the claim, of which it must bi; the subject, on any other satis- factory jiroof. That apart from this, in onler to exhaust all the mesisures showing the care of the (lovernnient of His Imperial Majesty for the interests of the Jtussian American Conijiany, it is still possible to instruct Gen. Tuyll to use every effort to jiersuade the Washington Cabinet that, by accei)ting this restriction relating to Cross Sound, it will prevent all unpleasant collisions between the subjects of the two powers. That Gi'ii. Tuyll must not, however, make this last proposition until he is convinced that it will be acce|)tcd, an, yonr excellency will see that it has heen one of the chierainis of the hoard id" assd>le airanycnient ot the voya;;es ot the vessels of tlu' coloinal lleet since of late that anan;>ement has been made withont su icicnt releience to the true interests of the eoinpany, and hence some \.ss(ds have fre(inently been kept l.vinj;' idle in port, and others have received sucli (!oid'nsed instructions that they would often be unable to execute tiiem all, or would return to New Archangel sit the very latest and most daufjferous time of the year. lieariu<( in nuud the fact tinit tln^ approaching voyajies of the colo- nial lleet are well arranged, and that they are repeatc , every year witii only sliglit variatituis, tlie board of administration lias found it possible and expedi<'nt to establish a regular schedule tor tiu' voyages of the coloinal tleet. foi' the navigation of both the sunnuer and winter mouths, and to transnut it to the colonial govei inneut for its guidance and execution, leaving it, how«!ver, to the diseretion of the chief man- ager of the etdoniea to deviate from this schednle on those oc^-asions when, owing to local ami unforeseen cinumstances, it api)ears to the interest of the company to d(» so. In the jK-rformance of the voyages of ISoM in the colonies there will be employed eight sailing vessels, of which the foUowing are of the tirst class: The Vesareeitrli. tlie Xieholas T, the l\adiah\ and the Shele- liof; and the following of the second class: The Mennhiko(f\ the Con- stantine, the Okotsk, and the Ti(ii(/iis; and, as in exchange ibr the ship Ccsareriteh, which has to be sent back from the colonies in 185^, the ship ;S'<7Art, of TOOtons, which isiH)w beingbnilt, will enter in,o the com- position of the ctdonial tleet of l.srt4 and will be sent to New Archangel in isr».{. In the establishment of constant communications around the world the nuinlter of the company's vessels in tlie colonies will always remain the same, that is to say, in the snnnner months, from April to October, there will be eight, and from October to Aju-il seven vessels, without counting the whaling vessels, tlie nnmber of whic'i, by rough estinnite, will be increased to four. Hence the movements of the colonial tleet ril with supplies for the island of Atka, or Atta, and for the Kurile district, to bring goods trom those islands to Ayan, where the vessel nnist arrive not later than the nnddle of July, liy this same vessel there may be dis- patched and landed the company's agents sent for inspection to Kam- chatka, where the vessel can stop on its ]>assage from the Atka dis- trict to the Kurile district, without losing much time, at the most im- l)ortant period for the Kamchatka trade, the nnddle of May; that is to say, by the time of the arrival there of the vessel coming around the MOlld. On arriving at Ayan this vessel will be placed at the disposal of the governor of the port of Ayan to nuiinfain connnunication with I'etrov- Bky, and in future, uutil a vessel has been built specially for that port, li '!:>, ,1' •■ I ■'!,' ■ ! 1 (I- ■ 1 i 1/. 'I !ii 160 DIPLOMATIC rOHKKSl'ONDKNCE. for voyiifjes with iiuM-clmndis*' and for tnuU' with Gishi}; and tho other ports of tho S»!a of Olvotsk. At the end of Anyiist, or early in Septein- i>ei', this vessel will he sent haek with the dispat»rhes last received and witli ;,'itods for the Kainehatka trade, and will return to New Areh- anf,'el, stopping on its way only in the Kurile distri«'t, if it has landed an inspector there, and at the port of I'etropaulovsky. II. OiK! vessel of tlie fiisr elms, preferably the one which will eome artmiid the world from Kiiroi>e that year, will be sent with the annual earp) of jjoods and with the sjiriiij; mail direct to Ayan. This vessel must be sent early in May, and in no event lat«'r than May IT), in order that it may arrive at Ayan by the time of the o|>ening of the harbor at the end of June. On this vessel there must be sent to the port of Ayau passenfj«'rs, if there are any, salt, thuir, and other (Mrjjfo, specially for that port and for the places dependent upon it. This vessel will re- main at Ayan until tlu' end of .luly or the early part of August and will return direct to Nmmand of a naval oHi- cer, will be sent at the end itf April to cruise and to keep a watch over the foreign whaling vessels in the southern part of IJering Sea and along the Aleutian group. On this vessel will be sent supplies for Copper an«l ISering islands, and also for Attn, or Atka, if it is found necessary and «loes not interfere with the movements of the tirst small vessel (section 1 of this dis|)atch). On this vessel, also, in case of necessity, there will be sent inspectors to the above nu'ntioncd islanovf-iianii>d pla<-(>s may li(> di'livcriMl on the way tlicn', and the furs and I lie r«'plit's may 1h' roct-ivcd on th«> ro- tnni voyage. As at tlif time of the v<»ya;;t' to the iiortiicrn pait of llcrin;; Sea this vcssrl will also do duty as a cruiser to keep wat«'li over tlic lorei;;n whalers and tlie l'in;;lisliuieii, witii rej,'anl to the trade «'ar- ried on i»y tlieiii with our siva^ics, it must in no event waste any time, and must i>e under the command of a naval ol1l(-(>r, and, if possible, Inivo a naval crew. VI. The third first-class vessel will nniiutain communication with (-alifornia and the Sandwich Islands, carrying thei'e luiidierand salted fish and l>rin;;in;i' to thecohuiies sail ;uid other merchandise if t lie pur- chase of such apptars necessiry and lo the advantage of the company. This vessel must in no (rase waste any tinu' in forei;;n i»orts. hut must, immediately after deliverinji' the car;;o furnish«>d, if there is no return carp* in readin«'ss tor it. icliirn to New Archan;;el in ballast. Iiut the ecdoniul jjovernnu'ut nnist make every exertion always to have a carj^o ready for immediat(r dispatch to California or the Sandwich Islands, fiuidiuy: itself by intormation received from the company's ajjent at Hau Fram-isco. Sluu't reports (on the most important subjects) must be sent by this vessel on every trip, to be forwarded to the board of admiiMstratitm. VII. The fourth lirst class vessel will remain in n'serve ri.d can bo emi)loyed for carryinjj salt to Kauu'hatka in sulllcieut (puintitirn io last several years; for transpurtinfi' carjjoes of lumbei' to Califonua; for the insi)ectiou of the colonics by the chief manav:er. etc. In those yeais when it beconu's necessary to send to the islands of the Atka district nH)re linnber than can be carried by a small vessel, the voyaj^t^ (udered in section -i of tliis dis|»atch may be assji^ued to the larjje ves- sel, ami the small vessel desi<;nated in that section may remain in re- serve w receive special instructicms. In eonnnunicatiu},' to your excellency the above regular schedule of the voya;ies of the colonial Meet, the board of adunnist ration respect- fully requests you, if the interests of the essible, nnder the sed packaj^c to the ^()veruor. Master of the Mines Furu- lielin, ami to take on the steamer as inaeh coal as the spaerinits. II. From Knjjlisli Bay proceed to tbeiHJand ofSt. Paul, whence, after landing; your ])asseii;^ers, delivermu thf annual supplies. anplics for Fort Miriisud. vou will proceed t«) that fort to deliver the supplies sent and to take m there such cargo as will be in- dicated to you (ly (lovernor Vaciiraines.,;i. III. Leavinj; I'ort Michael, you will direct your course t^> the island of St. Paul, wln*re you must iminediatciy take on board a wiiole carj;o of sealskins, supplies, oil, and s«'al meat, and, stopping on your way at the island of St. (rcorge to take on Ijoard goods and supplies wiiich may be ready on the arrival of the steamer you will jtroceed to I'milaska, and, after fiiniisiiing (loveriKtr Vlasotf. on his reipiisition, with siip- l)lies, oil, and seal meat, which you will l)ring expressly for that purpose from St. Paul, yon will take in a cargo of such goods as may be readj at Unalaska anil rlieii proceed to New xVrchangel. IV. Duriiiir tli*- tiim' of your said visits to those places you will listen to all complarni which may be preseiit*«d r(» you, and, without coming to iny decisHMi iuoont them, you will report them to ine on your arrival at 'ew ArchaiigCL At "(U't MMt:ja,«i<^i]iUMi: tkua >•» fomply with all Iim wishes. Vll. iNMiqpwia- stuy ;ir Fort Michael '.-Ain' on board the steamer as mnch w»t«ii SDH \. II ...^rt^ii. • can and carry it t(» the island of St. Paul. \'11I. it tir ^>'--i-iior- >f the island pre?«»'nt to you employes who ha\< serwmi tlmn 'mme tm transporration from the colonies, you will receive th*«i on htmrxl tlie«reamer. Tne carpenTMr, Parfentef, must go from St. PsMil to Sirkii. IX. It tiuis come w> my Knowledge that two whaling vessels had been sent tiii.-* year from San rjiirisco to rraile on the Pribilof Islands. I therefore reipiesr your erwHIency. diumg thi' time a|>poiiited for your voyage, to do duty as a t "•inwer on the t-xact basis of the instructions* herewith inclosed, which . uve been apjiroved by the Kinperor. ' 1 trust that y tlu' revision of tli«^ cliaitcr of llie Russian Aiiu'ricau CoiniKiiiy and tlu' organization of tlie Riissiiin Anwrican ('(donics, by its lustdiitioii atproved by tin* Kniiicrorduiie 14 of this year, hasrt'coui- int'ndcd — Tiuit tlu' Ibliowi..-!: principal basis be adoi)ted in the preparation of tlie new eliarter of the Itnssian Ameriean Company and of the eoioniai iuana<;'t>nient. I. The term of the privilejjes, riglits, and oblij^ations of the company extends to danuary 1, LSSU. • • ' * • • , # # VIII. The importation of ail lvinay, to the ln'ad of Lake Imiamna; on all the islands lying alonjj; the CO ist of tiiat peninsula; on the Aleutian, Commander, and Kurile islands and tiiose lying in Bering's Sea, and also along the whole western coast of I'.ering's S«'a; but t<» I'evoke in the district to the north- east of the peninsula of Aliaska along the whole coast to the boundary of the Ilritish possoN-ions. also on the islands lying along this coast, including in that number Sitka and the wlnde Koloshian ArchiiMJago, ami alsu.ou .ami, to the noil hern extremity of the American <(»ntiiient, the privilege granted to the company of tlu; exclusive prosecution of the said industry and trallic. Second. The colonial iidmbitants and the settlers who are Hnssiau subjects I'csidiug pcrnninently in the colonics, are permitted to carry on the fur industry, in conformity with the special regidation which nuist be adopted for that purpose, in those |»arts (»f the Ifussian i»o8- sessi«)ns where the exclusive right to the saiil industry is mil reserved to the Hnssiau .^nu'rican Company; all other Hussian subjeets are [»er- mittedoidy t<» trade with the natives in fur goods, ami are not admitted to a share in the fur industry itself. A true copy k \] A. TlMKOVSKt, Chief Clerk. 'I m !r 11 I I ■ i 1 1 > ! h 4^ 164 DIPLOMATIC CORRESPONDENCE. No. 19. Concerning the granting of a fourth charter to the Rmsian American Company. The TiP' M'inl Connril in the l)«'i»!irtmo)it of Imperial Economy a»u1 in ^(Mieri ' .csstMnbly, liavin'; oxamined Mie t'oniniuniration of the Minis- ter of Finance cm tiie subject of the revision (»f tlie charter of fiie Rus- sian American Comuany and the organisation of the Russian American colonu's, inis adopted tlie foHowinp: resolution in moditieation and ex- phination of tlie ]U'inci]>aI bases of the new charter oi the liussian Ameri(>s. rights, and oblif^ations of the liussiaii Anu»rican ('(tni|>any be r^'ckoncd. not from .January 1, 18(»2, but from the date of the contirmation of those i>rivileges. -. (In clause la.) That the exclusive right of carrying on the fur in- dustry anis in the colonics and tlie supplying them with arms and powder, the recommendations now presented by the coni]>anyon this snltject be adoi»ted. without permitting, however, the commercial mo- no|»oly which the company has hitherto enjoyed to be coutiimed iu force under any pretext whatsoever. Yermakoff, Vict- Director. K. RADKTSKr, ". Chief of Division, True copy. A. TlMKOVSKT. M •i(- ■4 No. 20. Proclamation. Notice is hereby given to all to whom it may concern that if, after reading this, they do not inunediately leave Russian teiritory. and do not desist from prohibited trattie, they will, on the arrival of a K'ussian vessel, be seized ami sent for trial to New Arehang«'l, Sitka, ami their merchandise and ships, if such are found, will be contiscated. (liven at the port of New Archangel, on the uorthv/est coast of Amer- ica, this 8-20 September, 18G4. 4 ^Mki. AMENDED TRANSLATIONS. No. 21. 165 Letter from the hoard of aflmiuistratton of the Rvssian American Com- panft to Alexander Andreievitch liaranof chief manager of the Russian American colonies. Written from ISt. J'ttersuurt/ April (i, Jt(17. In ro])ly to j'our communication tli« board of iulmiiiistration incloses liercwitli an extract from tlio rci)ort of the Kiadi^a factory concerning tlic profitable trade in sealskins witii tlie Cliiiiese at Kiaciita, and de- sires that you will make special etVorts to send to ()kro(f\ to notice what kh'ds are prize«l more iii;;hly than others. In reply this factory has the iMinor to rep<»rt that the sealskins received by the ship Siforoff and by tin- Vonstantine were disposed of in a lot. but trom the a<*eept- aiice and demands of the Chinese it was observed that the 450 baclu^ lors and youu}.:: bulls brou}>'ht by the Snn>roJf\ which were not even called Californias, niv. valued by the IMiinese at half as much ajiaiii as Lhe S'iW"^' 'I'li^ bachelors brou}>ht by the Constant ine wi'vv far better, as they value ilieni at twict^ the i)rice of the jrrays; and the bulls and youM}; l)ulls receivetnin of the First Hank and l\ni(jht Adolf Carloriteh ?]tho- lin, chief manager of th" Russian American colonies. Written from St. Vetersbury March 8, 1843. Tlie board of iuliniiiistration fully approves tlie arrangements for kill- in}? seals described by you in dispat«'li No. 287, of May !>, 1842, and per- mits you t(» institute on the Commander Islands and St. (leorf^e the elose season which you propose. Tn general, for the greatest possible l)rescrvation of this prei'ious animal, the board of administration re- uui'sts you til adopt as an invariable rule the following: To i)rosecute the annual killing of the seals in such manner that they may not oidy not be <'xtcrininated on the rookeiies, but, on the contrary, may con- tinually increase in numbers, that is to say, that tlu^ amount of tlie an- nual increase may be always greater than the nuud)cr of animals killed. At the present time the shipment of l(>,tM)0 sealskins to Kussia every year will bo sutlicieut to prevent a full in xiriees. VVHANOEL, A. Sevkimn, N. rUOKOFVEP, Director8. Ifi i '•( ! ) ^ ill II I jr ih! \ il ii No. 23. Letter from the hoard of adtninistrafion of the Russian A7neriean Com- poni/ to Ciiplaiii of the Imprrial Sary of the Second Rank Alexander Hitch lindakof. Written from St. Petersburg April 2'J^ 1853. Seeing, from dispatches received from yfuir ex«'ellency\s predeces- sors that the seals in the colonies an' rapidly incieasing in numbers, and foreseeing a regular u stop salting the sealskins, as has been doin^ heretofore, siuee it has a bud ellect upon their sale. V. POLITKOVSKY, Presidinff Officer. V. Klui'fel, " A. Ktiiolin, N. KiTsoF, liAUON W RANG EL, Mimhera, m\ i\' \s\ AMENDED TRANSLATIONS. No. 24. 161 Letter from the hoard of admhuHtration of the Russian Ameriean Com- panif to Captain of the First Rank ami Knight Sirpan Vassilitritch Voyerodky, vhirf manager of the Russian American colonies. Writ- ten from iSt. retershurjf April 31, 18'hl. Captain of the Second Class Rudakoff, in his «liMi)at('h .'US, of May 30, IS.");!, reporting? to the board of administration the iiuToase of seals on the island of 8t. Paul and the arranjioiMents made by him, in con- sequenee, with refjard to killing them, imiuiresof ihe board «)f admin- istration what number of them must be killed in ftitmv and what kinds are preferred. In reply the board of administration resp;'ctfully reipu'sts your ex- cellency to order that bacludors be killed in preference, the oider the better, as the purchasers prefer large skins. Hence small seals must be killed oidy in such numhers as arc necessaiy for obtaining oil to sui)ply the demand ; and, as iit the present tin)e the dennuid for seal- skins has consi(h'rably decieasei, they must be killed, as a rule, only in sncli numbers as will not att'cit their increase until a greater dennind sets in, for which the board of uduiiuistration is tnaking constant ex- ertions. V. Klupfel, Presiding ojficer. A. ETHOLliS, K. KusoF, Baron Wiiangel, Members. No. 25. Letter from thehoard of administration of the Russian American Company to Captain of the Second Rank I'rincc }faksntof chief manager of the Russian American colonies. Written from St. I'etersh rg Xorcmher 8, 1851. ,0(K) to ■go At present the sale of sealskins has risen to 43,000, riiimclv, 20,00 to 21,(M»0 at New York. l.-),0(H» to l(;,Ol)0 at St. Petersburg, aiul r>,000 t (5,000 at Irkutsk. They must be of the best (juality ; that is to say, larg and medium bulls, young bulls, and biuliclors. The whole (piantity sent to New York may be salted, but tlie pur- chasers recpiest that in siiUing them the oil be removed from tlie.'u a» carefully as possible, for the iK'tter jyrcscrvation and for the fnither dressing of tlic skins. They must be sent there by way of San Fran- cisco, )»referably, to complete the cargoes of \es,sels going to New Ycu'k, because by tliis arrangement the deliveiy of them will cost much less. Only dri«'(l sealskins are in demand at St. Petersburg, and they must be sent there by our own xcssels going round the world, or. in the absence of these, by way of San l''rancisfo or Victoria; but pielerably, to comph^te cargo on vessels going to London, to Mr. Pelly, or to Hamburg, to Mr. Sturm, for further dispatch to tlieir destination, as at San KratHMsco it is im|)ossible to tind a vessel with *" Ayan, TIk' hoard of administration therefore re(|uests you to make arranjje- nients so tliat in iiituie, until there Ih a jiossibility of increasiiiit' the demand Ibr s<'idskins. about as many as r)(),(K)0 may be killed in the eohmies every year, of n'ood (|uality as above direeted, 4.'{,(MM) of wliieh will be st'ut at the proiM'r tinu; to their destination ane injured by lyinj; so lonj; in the warehouses, you will make it a rule to sliij) them the fol- h)win;;' year to Russia in exchange for the skins of the new catch which will renniin in the warehouses. Furthermore, you will endeavor, so far as |iossible. to kill none of the small kinds of seal; but if it is im- possibh' to avoid (his, you are permitted to use them foi- clothing in the colonies, takiiij^' special care that they are not sold to forcijjn vessels undressed. In tlie opini(tn of the board of admiitistration there will be no dilliculty in dn'ssinj;' them in tin- colonies, as tlieie arc many people there in need of work, especially in the districts, to whom this would furnisii (he means of earniii}; sonu'thiu};. At the same time, in older to find a market tor small sealskins, the board of an of which would be of great ad- vantaf't' to the company. In doin;.; this we have chictly in view the fact that by this means the savages would accustom (licmselves to (he use of sealskins lor (heir clothinji-. and thereby, so far as possible, the sale of them to foreiyu vessels would be prevented. V. Kl.UPFKL, l'resiar. 1S'>7. In reply to youi' excelh>nev'8 dispatch No. 11, of March 9, vilh re- yard to shipitin;; furs to New York and >Slianyhai. tin boanl of a of whicii arc to be shipped to Kiarhta. Only L.',(HK» river-beaver skins are required for Kiachta : the remaininj; number of sealskins, say up to 1L',(M)(» and more, jireterably salted ones, whi(!h are valued more hijihiy tlierc, you are instructed (o send (o New York to Messrs. Lobach »!v: Slie|)!er in the autumn, imme- diately after the airival of the vessels fr(»in the districts, without sub- jecting them to any ju'cparations at New i\rciian<;el, and leavinj;' them in the same condition and pa<'ked in the same way in whieh they «re HM-i'lved from the distiicts. \N ith ie<;ard to the river-beaver skins the board of adnnnistration, although it has received information that the beaver skins have now AMENDED TRANSLATIONS. 169 fiillcn in the market at New York to 2 r. 72 k. i)c>r skin, it still recjuests you, iis the prices are not hifjh in otiier places, to ship th«^ said heaver skins (exei'pt 2,0(M», which are needed lor Kiacrhta) to New York with- out fail. The hoard will eoniinunicate to you hereafter concerning further arranj-enients with re^iJird to tlie hcaA'er skins. Knrtlurniore, the board of administration reipiests you to send no other lurs to New V(»rk, e.\<'ept, perhaps, white foxes, which have gone down to almost notiiing at Kiaclita. You must send no furs to Shang- hai without special instructions. At the siinie time tlic l»oard of administration also r«Mpu>sts yim to give strict instructions to tiie cauoemeu {hiiliirkiiiicii) to stop, as tar as l>ossil»le, killing the small gray seals, and on no account to shij) tliem from the colonies, because they gr«'atly interfere with tiie protitable sah' of sealskins in Kussiii and in the foreign nmrket, as the large skins alone are iu s|tecial demand and can be sold at good prices. V. I'OMTKOVSKY, I'lTsiiliiig Officer, V. KLI I'l'EL, A. llriioLiN, M. Ti;UENK^)F, Members. i No. 27. Litter from flic rJncf mnnaf/n' <>/ tlir f,'iiss!a)i Amrricnti coJnmvH to the bo((rii I)/ ((
  • iiinstr((tioH of the liitssiau American Company. Written from the colonics (h'tol>er7', 1837, CONCERNING FURSEALS AND BEAVERS. In reply to the dis|»atches of the hoard of administration (Xos. 035 and and !<» of this year), received Sci)tember 7, I have tlu' honor to report that in future the instiuctions witii regard to seals and liver beavers given in tiiose dispatches will be carried into due execution. Ilutof tlie sealskins now on hand 1(»,(MM» are i)acked up, which will be sent by the ship Cesarerifch to Kroiistadt, ;),«»(»(» will be set ajiail for shipment to Kiaclita by way of Ayan, and the renniinder, of which there will be about !>.0()(» (lea\ ingout tlie sniull gray sealskins), >\ill be sent to New York, togetiier with as many beav»'r skins as can be cttllectcd aftei' putting aside 2,000 of them foi' Kiachta. The sealskins need no jueparation at New Arciiaiigel, but it would hardly l>e sale to sliii* them to New York in tiie same jiackiiig (as di- rected in the dispatch of the board of adi^iinistration) in wiiicii tiiey are received iVom tiie districts — that is to sa; , tied up only with straps in bundles of several tens each — owing to the facl that they must bear transiiortation twice across the tropits and the ecpiator. From information received by me from .Messrs. Lobach »!t Sliepler, of New York, they are very well satislied with the packing in wliieh our tt'oods were shipped tiiere, as they arrive(i in good condition: and it rtoiild probably be betti'r. in sending goods in the previous i>acking, to send I- « I !r^ 170 DIPLOMATIC CORRESPONDENCE. I to double tliein, bocaiiso they break at the folds, by which advice I will be K'uided in tntuie in shipping goods around the world. Tlie siilting of tlie scalskiiia, wliich was stopped by order of the board of iidrniiiistratioii, will be recoinnienred next year; but as the instruc- tions on tiiis subject will reach the islands of St. I'aul and St. (Jcorge only in tiicsuinnierof next year, it is impossible to guarantee that we sliall be able to procure a suflicient quantity of salted sealskins next year. Tlic cxi)crimcnt of s.alting the skins at New Archangel will also be made. Witli regard to the sniiill gray seiilskins, I have the honor to express the opinion that only such a number of them luive been killed hitherto as was nt'cessary to procure the oil, the demand for whu'h, without spciiking of the uuiivoidable necessity of supplying the Aleuts on the ishinds and of shipping a (juantity to Fort Michael for exchange for furs with tlie savages tliere, is increasing in New Archangel itself, owing to the increased number of steamers and steam engines. Tin- oil purchased costs very dear; hence, having in view the great- est i)ossihle e(ron(»my in the expenditure of money, I nnule arrange- ments on the islands of St. Paul and St. George to jn'ocure oil from the seals, and iibout 250 bucki^ts of it have been received. The pur- chase of this quantity of oil at San Francisco would have cost about 8,0(»(> paper roubles. For the above-mentioned reasons, although I am making arrange- ments for stopping the killing of small gray seals, so far as possible, they being only lit to furnish oil and supplies of meat necessary for the winter, still, I find it necessary to respc<'tfully request the board of administration to give me delinite instructions with regard to en- tirely stojtping the killing of this kind of seal; but if the board of ad- ministration siiould see tit, in consideration of the circumstances men- tioiH'd, to permit me to kill so many of the small gray seals as may be necessary to procure oil and supj)lies of meat for the winter for the in- habitants of the islands of St. I'aul and St. George, in that case the question would arise as to the dis[)Osition to be made of the skins of thes(> small aninnils. At the present time there are about 5,000 of them in the warehouses, and by taking 3,000 every year a considerable nund)cr may accumu- late in a few years, re(iui>iiig a corresponding si)ace for storage. I suggest that, if it is ■ 't yet exjjedient to s»Mid gray sealskins to Russia and to toreign mai ..>ts for sale, then we might try the experi- ment of using them in tlie coh>nies for robes and over(!oats, which, after being well dressed, might take the place of the (common sheep- skin coats. liy way of experiment a few robes might be made of these skins, which so far rtMuain unused in the warehouses. In conclusion, 1 have the Ihhuu- to report ti) the board of adnunistra- tion that, fiom information which has now been received, the seal rookeries (iverywhert^, and especially (Ui the island of St. Paul, have increased to such an extent that all the i)laces which they frequent are entirely tilled, and there is such a need of room for tlnMU that it is nec- essary to increase considerably the number of seals killedj and this shall be done next year. AMENDED TRANSLATIONS. 171 No. 28. tetter from the chief mnnnger of the RnsHian American colonics to the board of If dm I II intra til in of tite liiiNHiau American Comj)any. Written from the colonies January 13, tS.j'J. CON(!KUNINO FUR-SEALS. In acconlaiU'O with the iiistnu'tioiis of the board of udmim'strntion given ill (lispiitch No. ()!>7, of .Fune- ">, I.S."»S, received Noveinher li, lie- siih's the 10,000 sealskins ordt'rerevi<»ns instrnctions, I0,0({4 were sent by the ship Kamvhatica of those wliirh had been preiiarcd and l>aeked jnior to tiie receipt of disjjatch Xo. «»!>7 for siiipinent to New York, and there still remain .'{,<;00 diied and 1.17(5 salted skins, which will now be sent by the bark Kailiak- to San Friincisci», to be forwarded to Messrs. Lobaeli & Shepler. With H'gard to theipiestion of the board of administration as to what nund)er of seals nniy be killed every year in the colonies witlutnt det- riment to the prescuvarion of tlie species and withont impoveiisliinf? the rookeries, I have the honor to report that, as is evident from the re- pents of the govrnors of the I'ribihif Islands, where the principal seal rookeries are fonnd, ainli'vcn tliose of the (Commander Islands, the seals have increased in numbers on all the accessible places to snch an ex- tent that the areas oeeupied by them appear crowded, and it is evident from these report.^ that it would l»e jmssible to kill in all these places, including the small gray seals, as many as 70,000, and even more; but for this it would bo necessary to increase tlii^ number of hunters and to furnish a sullicieut supply of wood to the L'ribilof Islands for drying the skins. It may be said with certainty that no impoverishment of the rook- cries will appear for u long time from the killing of us many as 70,000 fur-seals. No. 29. Letter from Captain of the Firs-t Rank and Kniffht Iran Vaisilirrifch Fur- iihclm, ehirf ntiinai/ r of the Russian American coliinics, to the Itoard of administration of the Russian American Conqxtni/. Written from the colonics Maif I'l, l^iiO. I have the hon«n' to present herewith a table of the skins procured hist y<'ar from the districts of the colonies, from which tlie board of ad- ministration will see that S!»2 more sea otters wcie killed than in l.sr>S. There has not been snch a rich catch since ISU. and this increase was owing entirely to the nund)er killed in the Kadiak district, at I'nalaska, and at llru]*. As regards the otter catch, the Kadiak factory has reported to mo that the Chugatc^hes, living at Fort ('onstaiitinc, were jiermittcd with the consent of my iiredccessor to carry on this hunting, apart from tin* l»arty sent arty from Kadiak this year. After such an occurrence, uufortuinitcly, I do not hope to have as successful results trom the hunting as Ilea r Admiral Voyevodsky iu the last year of his admiuistratiou of the colouies. ) n f ) , I -f i ■I ! 172 DIPLOMATIC CORRESPONDENCE. n v.. t- 1 ki Seven IiuiidnMl and sixty more river beavers were killed tlian in 1858. The yearly variation in the lljjures of this indnstry depends entirely on local eliniiitic, causes, which favor the northern savajfcs nntre or less in their hinitiii}f. Tiiis increase, as compared with the number taken la.st year, was j;aincd at Kper Island, ac'cordiujir to the jjoveruor's report, the sea otters are iner«'asin}i; in numbers, and very stiiet orders are now ^iven not to (j3. Noting, for inunediate execution, the contents of dispatch No. Ill, of .January 31, 1803, from the board of administration, I have the honor to submit, for the board's consideration, the following estimates'us to the cost of preparing the dried and saltedsealskins: KEQUIUED FOB TUE DRYING OF SEALSKINS. Ilunblcs. Wood for eaeli 1,000 skins, 2\ fatlioms. making the cost of eacli skin 2.85 For tyinji the Itnndlo of KM) skins, 12 arsiiin sea-lion hide strajis (a medinni- sized skiu, wortli 10 kopeeks, yields 16 aishin straps), niakinjr for one skin.. . 10 Total 2.95 Or 03 To this we must add the pay of the Aleuts for each bachelor sealskin 75 Total 78 ji I AMRNDKI) THANSLATIi )N8. 173 The frames are always pn-pared in Sitka, and are sent to tlio islands. Their cust is not ealculated, on aceount of its insij^nilleance. llKtiUIRED FOR TIIH SALTING OP SKALSKINS. Rnnltlea. TltPi'iisks contain ail iivorii(jo (if 7;t Hkiiis iiiiil I'lmt 5 roiililc!*; tlif irmi linops aii For tyiiijt carli skin, li zol. twine (y-\ For till- wear and tfar of toopt-r's tools ad niatfrial, apiiroxiinuli-ly, for oacli skill 01 Total 08,1 To tliiH must bo uddrd tbo |iuy of the Aleuts for eaih Imclielor HcalHkin 75 Total \.T.i}i Coiicerniii}; the ])roc('sses employed in the ]M'eparatioii ol" tlie sUins, iie- coidiii}; to both methods, 1 have the liuiKir to n'|ioit to tlie board of administration: The dried sealskins ar(^ preiKired as follows: After separating: the skin from the meat iind earefully removin;; the blulibcr, tiie skin is streteheon a frame, remiiinin;>' thus until it is finally drinl. After removiii};' the skin from the frame it is foh!('iveked in bales containing from ."iO to IdO skins, accordin;i^ to size, and liiially the bales tire bomnl with sea-lion stiiips. 'Hie salted sealskins, in accordance with ^lollison's jirocess, inclosed iu the dispatch of the board of administration (No. SI, of .lannary ^.l, 18(!(>), are prepared in the followiiif; wiiy: After the skins are removed ami stripp«'d of meat, they are strewn with salt and staeketl in kencht^s with the others; hiler, when the laborers have more time, the skins are taken from the kenches and the inner side of each skin is i-overed with a thick layer of salt. Another skin is laid on top of this with its inner side down. The ed,iies of the skins are turned up on the outer side, so as not to let tlie salt fall out; they are rolled up into round bf.ndlcs with the fur side mit, and arc stroiif'iy tied with seine twine. Afterwards these bundles are tied toftetlier in pacrka^i'es of from five to ten inindles each. Though the labor of carryin}? the skins on the shoulders of men and women, the carrying' of salt from the beach to the suit houses, and later the i-arryiu};' of the heavy salted skins from the warehouse to the beach, to be loaded into baidaras for traiisniisson to the ship, is very great, still the jirocess of drying ]>resents still greater dillicnlties on account of the constiint fog and rain ]>revailing on the I'ribilof Islands. It may be jiositively stated that of the L'."»,tHlO dried skins prejiarcd an- nually on these islands, only one-fifth can be dried in the open air. The remainder are dried in sod luaises, by iiu'ans of fires, or in the huts of the Aleuts, which are already cramped and sulfocating. Imu- this tea- son, and also on account (►f the diiliculty of obtaining wood in quantities suflicient for the drying of seidskins, the salting by the Mollisoii method otters the greater advantage. b-w ^-.Ttsafc"-**!' IMAGE EVALUATION TEST TARGET (MT-S) % !^ // ^/ v^;^ y^:%' :/ 4 1.0 I.I 11.25 f.^ KM £ ■:£ 12.0 2,2 U 11.6 ^^ * Hiotographic Sciences Corporation :t3 7/CST MAIN STRilT WEBSTER, N.Y. MS80 (716) 873-4V)3 \ iV ■^ \ \ ^^. ^\ Wf^ o" .*, '^'U 6^ 174 DIPLOMATIC CORRESPONDENCE. I li. ^ i -i tv. \ >f 1 \ i No. 31. Letter from the chief manager rf the Bmsian American colonies to the manager of the inland of ist. Fanl. Written from Sitka May 1, 1864. Your rciports, forwarded lust year by the steanisliii) Constantino and the bark Prince Menshikof, have been received, and in reply I give you tlie following instnu;ti(»iis: .l.s to No. 2D. — Last year you were instructed to till requisitions of the nianaficr of IJiialaska Island in a certain contingency, and instructions have now been given to the manager of tlie island of St. Georg<' here- after to furnish IJnalaska with necessary supplies, aiul your duties in- clude, as heretofore, the furnishing Sitka and Fort Michael with supplies. .l.s' to Xos. oO, 31. — For want of space on the brig Shelikof 1 was unable to grant i)erinission to Ira! la Herman to visit the island of St. I'aul this vear, and for the sanu; reason I could not send you a cow and a bull. A.S to Xo. 32. — In my instructions Xo. 240 of last year I determined the number of fur-seal skins to be taken by you in each year. By order of the board of administration I revoke said instructions No. 2J9, as well as all ])revious instructions concerning the catch of fur-seals, and I now direct you to take hereafter annually as many as 70,000 fur-seal skins, L'r),000 of which must be dried and the remaining 45,000 salted according to the new directions in your possession. You nuist tak«' the 70,(H)0 skins now ordered to be prepared only in case no decrease in tlie numbers of the animals is observed; otherwise y(m nuist innnediately advise me for the juirpose of having the number reduced with a view to the preservation of the seals for the years to come. As these instructions will reach you late in the season, and as you will coiisetpu'utly be unable to prepare the whole quantity of fur-seal skins now re([uired, I have t<» request that you will endeavor to take and salt notli'ss than 10,000 skins during the time occupied by the trip of the vessel from St. Paul to Fort Michael aiul back, and to put them on board of tlie vessel on her second visit to St. Paul. Last year you sent only 14,000 dried skins, while tiie order was to send about 20,000. In future yen nuist c> deav«u- to strictly till the orders. ^4.s' to Xo. 31. — You will make a rei)ort to my successor as to the re- wards to zealous emph)yes. He will probably visit your island in the course of this year. /l.v to Xo. 3(). — 1 thank you for yany's boarder, 1 have to inform you that that school is not yet fully prepared for the reception of boarders, and I therefore advise y(m to place your son in the house of any of y6ur sis- ters who are now receiving pensions; your son, while living at Sitka, can attend the school on the same terms as all the newcomers who are not the company's pupils. The annual sn]»itlies are sent you by the brig Shelikof; unload the cargo, and deliver to the brig all your skins and your reports. Besides this vessel, you will be visited by the steamer Constantine on her re- turn voyage from Nushagak; this vessel will bring you about 2,500 poods of salt, and jjrobably some lumber. 1 have ordered the Russian skipper Archimandritoff to proceed by this brig to inspect the island under your charge; you are therefore di- rected to comjdy with all his requests. ii I WJVS A CASES OF THE PEARL, lORIOT, AND HARRIET. CASE OF THE PEARL.' Messrs. Bryant and Stiirgis to Mr. Adams. Boston, Ajnil 31, 1823. Hon. John Quincy Adams, Secretary of Stale: Sir: The brig Pearl, Sanmel Cliaiidlcr, master, bdonj-riiig to our- selves and other citizens of the United States, sailed tioni this place on a trading voyage to the northwest coast of America in -lanuary 1SLJ2, and arrived at the Sandwieli Islands the following xXugust. Illness compelled Capt. Chandler to remain at the islands, and Charles Ste- vens was appointed commander of the vessel. The inclosed protest shows the subsequent proceedings. Our letters from Capt. Chandler state that the order to leave that part of the northwest coast lying north of latitude 51°, was a written one, both from the governor of the Russian settlement at Norfolk Sound and the comnuinder of the Kussian frigate. By this outrage the voyage ot the brig Pearl has been entirely ruined and her owners subjected to a very heavy loss, as the ])eculiar charac- ter of the voyages to the northwest coast retpiire a cargo and outht not adapted to any other trade, and which must be totally lost if we are «■ 1^ . Jr. CASE OF THE PEARL. 177 [Momoraniltim prepared by the RiiBsinn Minister at ■Wastlngton.] For tlie Honorable Mr. Adams' private information. Aooonling to infoiniatioiis, to which some credit seems to be due, the IJussiiiu 'ukase' was ini))licly known at JSoston as early as December, 1S21. Tlie owners oftiie iV/r/7, wiiicii sailed in Jamiaiy, 1822, seem to have been not only fully ai)prised of the existence of this edict, but to have fitted her out expiessly to anticipate its operation and to turn to their advantage the indulgence granted to a bona tide ignorance of the ukase. The American underwriters refused to pay the insurance, and were justified in their refusal. The i)rincipal firm of Boston concerned in the northwest trade, and having now several vessels abroad actually i)rosccuting it, has lately ottered to dispose of the whole of its stock so vested, shii>s and cargoes, for the consideration of only 7 ])er cent advances on the original cost. This linn consists of Messrs. Bryant & Sturges. The latter has become interested by purchase in the'iVrt/7 siib.sequently to Tier return from her voyage. The original captain, who r >sumed his I'ommand at Woahoo and brought the Pvarl back, has b'.-en, on his arrival at Boston, accused by the owners of nefarious ;'T!d iraudulent practices, threatened with legal prosecution, and proved guilty in a court of arbitration. [Meraorandnm prepared by Bryant & Sturges. No addrcsa.] The first objection made to the admission of our claim is, in sub- stance, "That the owners of the Pearl fitted out that vessel after being apinised of the existence of the Kussia ukase." Not having been orig- inal owners of that vessel, we cannot assert that such was not the fact; but we think the circumstances of the outfit and voyage most con- clusively prove that the owners could not have been aware of the i)ro- visions or even the existence of the Kussian edict at the time the voy- age was commenced. The uka.se leceived the sanction of Jlis Imperial Majesty in Sei)tember, 1821, and it was made known at St. Petersburg in October following, but was not cect for scune of our vessels now on the N[orthJ\V[est] Coast is so flattering that we doubt not but that mora than 50 per eenlr could not be obtained on the first cost of vessels nxul cargoes. There was a time when we should, perhaps, iiave been dis- posed to have sold our interest in this trade at less than the original cost. It was when we apprehended tliat the interference of the Kus- sian authorities might occasion the bame ruinous conseipiences in other cases, as in the case of the Pearl. The misconduct of the master of the Pearl, for which he was held accountable on his return, had no relation to the question here at issue. He was prosecuted for some petty acts of dishonesty and for a viola- tion of his contract witli the owners in regard to private trade at the Sandwich Islands and elsewhere. In the statement which we made some time since to the Department of State relative to our claim, all the facts within our knowledge were set forth, and the estimates then made were just and reasonable. We are extrenjely solicitous to have the business brought to a close — all we ask is to be indemnified by the Russian Government for the loss actu- ally sustained in consequeuce of the interference of their officers with our lawful pursuita. BbTANI & SXUEGIS. ' I Mr. Middleton to Mr. Adama. rt St. Petersburg, April 23-May 5, 1824. Sir: At the moment of signing the Convention of 17-5th April, I felt it to be my duty to remind Count Nesselrode of the claim 1 had nnule on account of the interruption of the voyage of the brig Pearl. 1 urged to him the necessity of making compensation in a case the princii)le of which might be now considi^red as settled in out favor. I argued that their consenting to treat with us respecting limits upon that coast, and abandoning in psirt their pretensions, proves that they hold no sovereignty over it. The act, then, of their officer in arresting a lawful voyage was arbitrary, and just indemnity is due for losses thereupon consequent. After slightly touching such further topics as I thought likely to produce the effect I wished, I put into his hand, as a memorandum of our conversation, the note verbale of which a copy (No. 1) accompanies this. He read it, and requested that I would again furnish him with the documents I had formerly sent him relating i !!i h: CASK OF THE PKARL. 179 to this caso, as tlios^e Iliad fuinisliod woie not within liis roach, the Em- ])vvnv haviiifjtaiu'ii my note ol' Novoiubcr S, tojiother with its inclosiiies, to Farsiioi' Scls, since which Count Nesst'lrodc liarized to ascertain by conferrinji' witii tiie American S(!cretary of State wliat may be tiie indemnity due to the sutVerers in the case of tiie brij>- I'tvrl. I have the honor to bo, sir, most respectfully, your obedi«'nt servant, llKNllY MlDDLKTON. To the SucuirrAiiy of State. [Inclosiiro Xo. 1 in Sir. Sliddleton's iliaimtch, No. 36, of 2M April-5th May, 1824. Verbal note.] Tiie minif-'^r of tlie United States thinks it his duty to remind his excellency the Secretary of State, at the monu^it of sij;nin<'' tlie Con- vention, wliic': is Just c«)iicluded, of the attair of the vessel I'carl. lie has been anxious to avoid every complicatittn which mij;Iit iiiterru]>t the progress of the negotiation which has just been terminated, but at laesent it is pro])er t(t nu'iition that, in conformity with the orders which he has received, he ought not withhold his pnttest against this arbitrary act of the Russian authorities. It woidd be extiemely agreeable to the minister of the United States to be enabled to announce to his Government, by the nies.senger who will carry the Convention, that His Imperial .Majesty, of his own pro])er motion, ordered his minister at Washington to concert with the Sec- retary of State of the United States what would be a tair iudemuilica- tion to be given in the case above mentioued. St. Peteusbuko, 5th Ajyril, 182t. ■i i M [Enclosure No. 2 in Mr. Miildleton's dispatch No. 30, of 23 April— 5 May, 1824. Verbal not«.] [Private.l Count Ncsselrode to Mr. Middleton. Sir: I have submitted to the Kmperortbe papers which you did me the honor to communicate to me relative to the claims wliicii your (Jov- ernment made on the subject of the sending back of the AnKiiican brig the Petirl. In our former conferences I did not fail to impress upon you, sir, that we could not consider this claim as founded in right, nor recognize the ]U'inci])le up :. which it is based. The Emperor's opinion has not (hanged in this regard. I" (wever, I have this day the satisfaction of informing ycm that His Imperial Majesty, wishing to give theCovernmentof the United States a new juoof of Irs desire to maintain their relations of good under- standing and friendship, has just authorized General 180 CASES OF THE PEARL, LORIOT, AND HARRIET. \vlii(!h (lio Kmporor sees tin's afliiir as to the principle v>t' rij^lit, and to declare especially tliat His l)ii))erial Majesty accedes to the wishes of the (lovernmeiit of the United States only with tiie view of evincing his favorable dispositions to (-enient those amicable relations to which the convention of April .I-IT A]nil has Jnst added new valne. 1 have the honor ) be, with themost distinguished eonsideration, sir, your most huinbL ..ad obedient servant, Nesseluode. St. rE'i'EBsr'TKG, 22 April, 1824. 1, ii' V ' m ^u l.i M iHi I ib CASE OF THE LORIOT. On May 19, 1835, tlie Department of State at Washington was oflicially notitied by the Knssian minister that the ten years trading l)rivileges upon the Northwest Coast of Aineiica, wliich were conferred by the treaty of 1.S24 between the United States and Kussia, had come to an end, and that the captains of two American vessels at Sitka had already been requested to take notice; of this fact.' On dune 24, IS,'}."), tha Secretary of State wrote to the Russian minis- ter, as follows: * * * "I am instructed to ai>prise you that tiui President would luefer not to take any active measures to interrupt the commercial intenumr.se between the United States and the Kussian settlements on the Xcnth west coast of America, unless, in your o])inion, there is reason to beli»;ve that a proposition on the jtart of this (tovern- ment for a renewal of the article referred to would not be met in a favorable spirit by the government of His Imperial Majesty at St. I'etersburg."^ On July 30, 183.5, the Secretary of Stat«». notified Mr Wilkins, the United States minister at St. Petersburg, of the foregoing, and recpiested him to endeavor to obtain a renewal of the ten year's i>rivileges; which request was rei»eated April 19, 1837, to jNIr. Dallas, Mr. Wilkins' suc- cessor.' Soon thereafter there was received the news of the seizure by the Eussians in the preceding year of the brig Loriot in a harbor situated in latitude 54° 55' north upon the Northwest coast, i. e., Just above the southernmost limit of latitude 54° 40', referred to in the treaty of 1824. The United States Government protested vigorously and (lemandeTl rei»aration of the Russian Government, its views are tVmnd embodied in the letter addressed by the Secretary of State to Mr. Dallas, May 4, 1837." The material issues involved in the case are concisely stated as fol- lows in a letter from Mr. Dallas to Count Nesselrode, dated ^Farch 5, 1838.* "Avoiding a repetition of details heretofore enumerated as well as theiraggravating features, the leadiiigfacts of reclamation artrthat of the brig Ij4>riot, owned and commanded by American citizens, sailed from the Sandwich Islands on the 22d of August, 1830, bound to the Northwest Coast to procure provisions and Indians for hunting sea-otter ; that hav. 'Senate Ex. Doc. No. 1, Twenty-fifth Congress, third session, p. 24. this document will be laid before the Tribunal. « Ibid., p. 26. "Ibiih, p. 30. *Ihid., p. 33, and British Case, p. 80. *Ibid., p. 60, and British Case, p. 81. The whole of I CASK or TITE LORTOT. 181 itifrniado Forrester's TsliiiHl, slic ancliored in tlieliarlmrof Tnckessan, in hil it U(l»' HP r»r>' north; tiiat no liussian establislinicnt existed in tiiat liarbor; that 4 (hiys alterwards an armed briji olllis Inii»erial Majesty's navy went into the neijild)orin;r iiaiitor, ealli'd Tateskey, in hititudo ot^-l.")' nortii; tinvt no Ivussian establishment existed in this latter harbor; thatshevvas boarded byotliceis from the aimed bri;i, by whom hei' captain was lirst ordered to leave the ive an opinion in relation to it until detailed infornnitiou had been collected, as well in regard to the wants of the Russian estab- lishments in America as to the intluence that the state of things secured by the fourth article had exercised there. * * # "The infornmtion then expected has since reached the undersigned, and it appears that the execution of the teuiporary i)rovisi()ns contained in the fourth artich; had not been unattended with serious inconven- iences, and that it has been reallv injuriasur(\s by which the Governnu'ut of the ITniteti States scmght to carry it into effect, were illusory, since by the sanu' article the contracting parties had deprived themselves of all means of controlling the vessels which should visit these latitudes, so that entire cargoes of rum, of" firearms, and amnnmition, have been carried, w .thout hindrance, into the Ivussian jxtssessions, ami sold to the natives, thus necessarily endangering the germs of order and civili- zation which the agents of the Russian American Company, have already succeeded in introducing among these tribes. * * * " This state of things could not fail to occasion complaints and remon- strances, which, the Fmiierial (irovernment being ever anxious tor the preservation of its relations with the United States, would alone, from that time, be an adequate motive to induce it to desire that the stipula- ' Sou. Ex. Doc. No. 1, Twenty-fifth Cong., 3d soss., [ip. 71, 72. « Ibid., p. 69. % 1 n iU! CASE OP THE LORIOT. 183 tioiis of tlio fniirtli iiiticlc sli«mlloitation) of the lisheries as well asfrinn the trade with tiie natives. '•Thesi>('onsiderations,tak»'n to;iether,rend(U' itimoossihle for the Im- I)erial(iovernmenttoa(M'ede tothe proposition which hasheeii made to to renew the stipulations of the fourth article. The rej,net experience letoit by it on tiie occasion is, however, diminished by the conviction that tht^ Uniterop(Ution as enterpiiseson liu' north- west coast otVered fewer chances of siurcess I* apjiears evident from this, that the renewal of the fourth article couni hardly contribute to extend in a reciprocally useful manner thecommeirial relations betwecii Itussia and the United States of Anu'rica; or by eonse(|in'nce answer the constant solicitude of the Imperial (lov«'rnment to cement more and more and in a nnitual interest the frii'ndly intelli,i:enc«' which it is al- ways hajipy to cultivate with the Government of the Unicui." A final request was niad»^ for ])erndssion lo tiade, if not with the natives, tlien at least with the Russians. But this too was refuse«l, as a])pears from the following dispatch of Mr. Dallas' to the Secretary of State, May 13, 18.18': "On the 0th inst. the eomnnmieation of which I annex a copy, was received from Count Nesselrode, in reply to my re(piesr, under date of the iMJth of March last, to be furnished with information as to the measures adopted, or proposed to be adopted, by this (lovernment re- specting the admission of American vessels into the Russian establish- ments on the ninthwest coast. "It will be perceived that the substance of Count Xesselrode's note is distinct ami detiiutive; and that the single ami simple measure adopti'd in relation to our vessels, is their absolute exclusion from what are deentcd the Russian jiossessions. Tin; ])ublished order of (lovernor VVrangel, to which Baron Krudener, in 183"), called your attention, is confirmed unqiuilitiedly in principle and ])ra(!tice; and the cabinet at Washington is invited to repeat the warning heretofore given by it to the <'itizens of the United States not to contravene that prohiliitory notice, so that they may avoid exi)osing themselves to the consequeuites of misunderstanding or collision. "Altlumgh my recpiest for information was expressly limited to Russian establishments, and Count Nesselrode's reply to it may not strictly be extended beyond that linnt, I can not help thinking that the prefatory and peculiar rWeren(^e he has made to the exi»iration of the fcmrth artic-le of the convention is meant as a reiteiatiim of the position assumed in the case of the Loriot, Capt. Blinn, to wit, that since Aju'il, 1834, our right to frecjuent the intericu- seas, gulfs, harbors, and creeks north of oio 40' north latitude, whether actually occupied or not, has ceased. The consistent brevity, indeed, with which the effect '^Ibid., p. 71. (I ■I m; : • .1 ■',a^« :/ S 184 CA8K8 OV TKF- PKAUL, LoRIoT, ANl» HAKKIET. J 1 ' t i 1 ' 1 it' ,( , 'iV • 1 1 ll, ) of'tlio tin«'t as ici^iards the Noitli i'acidc traflc,"' none jippt'iir to have hi'cn i'oitii ondM}>'. notwithstanding;' tin- wlndc coircspondcnce was suhniittcd to Con;;i('ss in ls;5S. No inrtlier rcfcnMico to th(i Noitliwoat doast was made by tlic United States (lOVcrnnuMit nntil dnnc L'. IStO, wlicn its ndnistcr nt St. I'etcrs- bnr;;' Wiis rnpu'sted to make in(|niiu's conccinin;^' tiic h-asc' wliirji. in lcS;}!t, the linssian .Vnicrican Conipiiny liiid cxcrntcd to the llndson I5ay Company of the tmitory Ix'twccn latitndc ."iP K)' and .Mount 8t. Klias, to wiiicii lease no objection ever appears to have bceu made. CASE OF THE HARRIET.' TJie American consul to the Buenos Ayres miuistet Buenos Ayhks, Sdth Noreml>e,', 1831. (After ref(M'rin;f to certain delays on the part of the (TitvcrnnuMit of Ilnenos Ayres in regard to the seizure of the Harriet, the United States consul continues:) Tiiis unexi)ected leply from his excellency the minister can not bo viewed by tiie undersifiiied in any other lifiht tlian as a viitual avowal on the part of this (JovernnuMit of the rij-ht of Mr. Lewis Vernet to cajtture and detain American vessels enj^aji'ed in tln^ lisiu'ries at the Falkland Islainls, ami the islands and consts about Cape Horn. It, tiu'refore, only remains to him to , asseitinga claim to tlut Itefore nu'utioned islamls and coasts, and the tisheries appurtenant thereto, or any other actor decit'e having the same tendency, ami also the. circular letter of the said V^ernet, issued in conseipu'nee of the same, as well as against all such measures as uniy hereafter be ath of lAFay, 1810, these provinces separated themselves from the dominion of the mother couu- 'Api)('ii(lix to ('iis(^ of tlic UnittMi States, Vol. I, ]>. U). 'See British aud Foieigu State rapcis, 1832-33, Vol. 20, pp.311 to 441. CASE OF TIIF, IIARKIET. isn try, Spain hold tlio iinportant possession of tin' islands of the Malvinas (I'Silidand Islands), and of all tin- others wliicli approximate to Cajie Horn, inelndinf? tlnit known nndt'r the denomination (»f Tierra del Imio^o; this possessi«»n was. instilled by tlie ri^ilit of Itein;-' tlie (Irst o«' eiipant, by the eonseiit of tlie principal maritime powers oi l-'jirope, and by tlu^ proximity of these islands to the continent which fornn-d the viceroyalty of llnenos Ayres, nnto whicli (ioveiinnent they depended. For this reason tlie }fov«'rnin»'iit of the Kepnblie, ha\ in;; sneceeded to every rijjht wiiicli the niotlK'i' country jtrevionsly exercised ov( r these ]>rovinces, and wiiich its viceroys possessed, continned to ex<'rcise acts of dominion in the said islands, its poits. ami coasts, iiotwitlistandiuf; circumstances have hitluMto prevented tiiis Ifepublic from paying' the attention to that i)art of the territory whldi, from its importance, it denmndM. Nevertlieless, tiie necessity of no lon;;eideiayiii}r sncii pre- cautionary measures as shall l)e necessary to secure tiie ri;;hts (>f the lJe|iublic," and at tiie same tinu^ to possess tlie advanta^^-is which the productions of the said islands may yield, and to alVord to the inhabit- ants that protection of winch they stand in need, and to wliicii they are entitled, the Oovernment lii'.s ordered and decreed as follows: Art. F. The islands of the Malvinas and thosc^ adjacent to ('ai)e Horn, In the Atlantic Ocean, shall be under the command of a political and militaiy jjovernor, to be named immediately by the CJoveriunent of th(! I{ei)ublic. II. Tiie iiolitlcal and military governor shall reside in tin Island de la Soledad, on which a battery shall be erected under the V.iig of the |{e]mblic. III. The political and military governor sliall cans* lie laws of the Hei»ul)lic to be observed by the inhabitants of the id Islands and provide fortheil'ie perforiimiiee of the regulations respecting seal tish- ery <»n the C: ; t IV. Let this be made public. Salvador Mauia ukl Cauril. EoDRIGUEZ. ni fl ' '\4 The American charge (V a ffaircH to the Bncnoa Ayrcs minister.^ Buenos Avres, ^Oth June, is.w. The undersigned, charge d'affaires from the United States of Amer- ica near the (Jovernment of Huenos Ayres, has the honor to Inform his excellency the minister of yrace and Justice, charjne, to be "the military and civil governor of the Falkland Islands, and idl those adjacent to Cape Horn (including Tierra del Fue^o), in the Atlantic Ocean." Under cohn- of this decree, on the -"{Oth day of ,Iuly last, (lilbert R. Davidson, a citizen of tlie United States, and master of a vessel called the Harriet, sailing from Stoniiif-ton, in the State of CoiiiK'ctlcut, one of the said United States, and owned by citizens of the said States, — ilia time of profound peace, wlille pursuing law till commerce and busi- ness, was forcibly arrested by a body of armed men, acting under the 'See British aud Foreign State Payers, ie32-'33, Vol. 20, p. 330. h i ':f^<>^. ■^ggggjgggggggg^ 186 CASES OF THE PEARL, LORIOT, AND HARRIET. orders of the governor, Veriiet, who at the same time arrested his boat's (new, phiced him in close confinement, — subsequently seized the Han'iet, — forced the crew on shore and imprisoned them all, excepting the mate, cook, and steward. Tiie papers of the Harriet and many articles v.i board were forcibly taken, and a part of the articles were sold by order of tiie governor, without formal condemnation or any legal process whatever. Having arrested and imprisoned them, civil governor, for violating tlie laws and lie — regardless of the high otticial charat dignity of the Government under whose act — instead of bringing them to trial for to compel them to enter his service, for and to substitute himself forcibly in the in his capacity of military and the sovereignty of this Repub- ter in which he acted, and the ap])ointment he professed to •tliese offenses, he endeavored purposes altogether personal, place of their owners. The schooner Harriet arrived here on the 20th of November last, under his charge, and is now detained (as the undersigned has been informed) by virtue of some process emanating from this Government, and her crew (witli tlie exception of 5 who had been liberated by the governor on their agieement to enter his service), were put on board the afore- mentioned British vessel and sent with Captain Carew, and some of his men to llio Janeiro. , The undersigned would also call the attention of his excellency the minister of foreign affairs to certain declarations of Don Luis Vernet, important, as coming from a high functionary of this Government, the military and civic Governor of an extensive region; and if those dec- larations are to be considered as indicative of the sentiments and views of this Government tliere would be Just cause for appreheiuling that a project was in contemplation involving the destruction of one of the most important and valuable national interests of the United States — the whaie Jishery — for he declared to Captain Davison, that it was his determination to capture all American vessels, including ichaiiug ships, as well as those engaged in catching seals, upon the arrival of an armeernment of the United States, even an exercise of authority thus limited, would have been an essential vio- lation of their maritime rigiits; and the undcrsigiuMl is instructed and authorized to say that they utterly deny the existence of any right in this l{e])ublic to interrupt, molest, detain, or capture any vessels be- Ituiging to citizens of the United States of America, («• any persons being citizens of those Stjites, engaged in taking seals, or whales, or any sjtecies of fish m marine aninnils, in any of the waters, cu- on any of the shores or lauds, of any or either of the Falkland Islands, Terra del Fuego, Cape Horn, or any of the adjacent islands in the Atlantic Ocean. In (!onsequence of these repeated outrages on Amei-ican property aiul Anuuican citizens, it has beconu' tlie solemn and imi)crative but unpleasant duty of tlie undersigned, as the re])resentative of the United States of Anu'rica, to dennind in their behalf a restitution of all captnred ]troperty belonging to citizens of the United States now in the i)ossessioii of this Government, or in the possession of Don Luis Vernet, claiming under its ajjpointment to be the military and civic governor of the Falkland Islands, Terra del Fuego, and all the islands in the Atlantic Ocean adJacent[to] Cape Horn, and amjde indemnity for all other property of Ajnerican citizens which has been seized, sold, or destroyed by said Vernet, or ])ersons acting under his orders; and full aiul amide imnuinity and repiiration for allconsecpiential injuries and damages arising therefrom, and full indemnity to all Anu'rican citizens from i)ersoniowcrfnl nation; and could her capacities be developed by free and libeinl institutions, she would socm resume much of her ancient grandeur. But, again, if the rights of Si)ain to these islands were undoubted, and if, again, it be admitted hypotheticially that the ancient vice- royalty of the Rio de la Plata, by virtue of the revolution of the 25th of May, 1810, has succeeded in full sovereignty to those rights, would CASE OF THE HARRIET. 189 tliat adinlssion sustain the claim which the province of Bnenos Ayres, or, in other words, the Argentine Itepublic, sets np to sovereignty and jurisdiction ? If, then, the sovereignty rights of Spain to those southern ishmds descended to the ancient viceroyalty «>f the IJio de In I'h.ta by virtue of the revohition, and if tliat vocroysiUy is now divi(h'(l into several sovereignties, independent of eadi otiiei', to which one of these several sovereignties shall tliese riglits be assigned '? Wheie are the title deeds of the Argentine Itepublicf ^Vhere are the releases of the other na- tions of the viceroyalty to that Kepublic^ Uut, again, if it be admitted hypotheticidly that the Argentine lie- public did succeed to the entire riglits <»f Spain over these regions, and that when she succeeded Spain was i)ossessed of sovereign rights, the (piestion is certainly worth examination, whether the right to ex- clude American vessels'and American citizens from tlie (islieries there is incident to sucli a succession to sovereignty. The ocean tishery is a natural right, wliidi all Nations may enjoy in ccnumon. Every' interference with it by a foreign power is a national wrong. AV'hen it is carried on within the marine league of tlie coast, which has been designated as the extent of nati(»nal jurisdiction, rea- sor seems to dictate a restriction, if, under iiretext of carrying on tlie flsliery, an evasicm of the revenue laws of the country may reason- ably be a])prehended, or any other seiious injury to the sovereign of the coast, he lias a right to proliibit it; but as such prohibition derogates from a natural right, the evil to be ai)prehended ought to be a real, not an imaginary (Uie. Ko such evil can be api>reheiided on a desert and uninhabited coast; therefore, such coasts Ibrm no exception to the com- mon right of lishiiig in the seas adjoining them. All the reasoning on this subject applies to the large bays of the ocean, the entrance to which can not be defended ; and this is the d(»ctrine of Vattel, ch. 2;{, sec. 21>1, who expressly cites the Straits of Magellan as an instance for the application of tin; rule. As to the use of the shores for the pur^ioses necessary to the fish- ery, that depends on other princi]»les. ^Vllen the riglit of exclusive dominion is undisputed the sovereign may with pro]>riety forbid tlie use of them to any foreign nation, i)rovided such use interferes witli any that his subjects may make of them; but where the shore is un- settled and deserted, anjects of the power to which it belongs, then it would be an infringement of the right to the common use of the shores, as M'ell as of the ocean itself, which all nations enjoy by the laws ot nature, and which is restricted only by the paramount right which tiie sovereign of the soil has to its exclusive use when the convenience or interests of his subjects require it, or when he wishes to apjdy it to public purposes. It is true that he is the judge of this inteiest and of the necessity of using it for his [)ul)lic jmrposes, but justice requires that where no siu-li ]U'etension can be made the shores, as well as the body of the ocean, ought to be left common to all. These ])riuciples seem to have dictated the articles in the treaties between the Unit^-d States and (Ircat I'.ritain. The third article of the Treaty of I'eace of 1782 declares that the ])eople of the United States shall continue to enjoy unnudested the rigiit to take lish on the Orand Banks, etc., and to dry and cure their lish in any of tlie unsettled bays, barl)ors, and creeks of Nova Scotia, Magdalen Islands, and Labrador, 80 long as the same shall remain unsettled; but that when settlements )■ 'D 190 CASES OF THE PEARL, LORIOT, AND HARRIET. : J i.M are made tlierc they can not enjoy the riglit witlioiit a iirevious agree- ment witli the inhabitants or possessors of the soil. i[is exeelleney will perceive from tlie terms of tliis treaty that no rights of public sovereignty are claimed against the United States, Imt that the private rights of those who have settled and cultivated lands on the margin of the ocean are protected in such way as to secure their individual improvements from injury. In the treaty of Utrecht,* France is allowed the use of the unsettled shores, for the purpose of drying tish, by certain metes and bounds. The treaty concluded between Great IJritain and Spain, in 171>0, already alluded to, is to be viewed, in reference to this subject; be- cause both nations, by restricting themselves from forming settlements, evidently intended tliat the fishery should be left open, both in the waters and on the shores of these islands, and perfectly free, so that no individual claim for damage, for the use of the sliores, should ever arise. That case, however, could scarcely occur, for wliales are in- variably taken at sea, and generally without the marine h'ague, and seals on rocks and sandy beaches, incapable of cultivation. The stipu- hition in the treaty of i790 is clearly Ibunded on the right to use the unsettled shores for the jiurpose of fishery, and to secure its continu- ance. When the unsettled shore, although under the nominal sovereignty of a civilized nation, is in fact possessed by independent, uncivilized tribes, the right to exclude other nations from the use of the shores is on a much less stable footing. * « * • * * * Tlie following conclusions, from the premises hiid down, are inev- itable : 1. That the right of the United States to the ocean fishery and in the bays, arms of the sea, gulfs, and other inlets capable of being for- tified, is per'ect and entire. 2. That the right of the ocean within a marine league of the shore, where the approach can not be injurious t<» the sovereign of the coun- try — as it can not be on uninhabited rej;;()us, or such as are occupied altogether by savages — is equally perfect. 3. That the shores of such regions can be used as freely as the waters: a right arising from the same i)rinciple. 4. That a constant and uninterrupted use of the shores for the pur- poses of a fishery, would give the right, perfect and entire, although settlements on such shores should be subse(iuently formed or estab- lished. , If regions, never occupied or brought under any positive jurisdiction, without garriscms, or naval forces, or inhabitants, are to be occupied and brought under cavil or military rule, and those' who have enjoyed the privilege of a free fishery there are to be excluded from that i)rivi- lege, it is incumbent on the nation assuming such powers to give of- ficial notice to the resident representatives or to the governments of all nations with whom relationsof amity are maintained, before any acts of violence, in assertion of such sovereign rights, can be justified. A warning to individuals is not enough, for that is not a general notice; and individuals not warned may incur forfeitures and penalties with- out any knowledge of their liabilities; and their governments, equally ignorant, could take no [preventative] measures for their security. • •••••• CASE OF THE HARRIET. 191 These remarks, toiichinff the t.rigiiial lijjhts of Spain and the deriv- ative rif^hta of the Argentine Keimblic, tlie riglits of free fisliery, and the propriety of notice when dormant and un«-hiinied riyiits are asserted and resumed, are offered for the consideration of his excellency. • «*«**« If the Argentine Eepnblic can show eonclnsively that Spain was possessed of rights over the Falkland Islands, Tieira del Fiiego, Cape Horn, and the islands adjacent in the Atlantic Ocean of such a high and sovereign character as to justify the exclusion of tlic citizens of the United States of America from tlie hshciies there; if this Republic can show that Spain has relincpiished, renounced, or in any way lost her sovereign rights to the regions above mentioned, and that such sovereignty has become absolutely vested in herself, and if she can further show that, having acquired such rights, and being about to exercise them, by inflicting penalties and forfeitures u])(»n the persons and property of the citizens of a friendly nation, for I'xercising privi- leges which they had been long accustomed to us«', she is justified in withholding all otticial notice of the ac(iuisition of such rights and of her intention so to exercise them from tlie governnuMit or tlie resident representative of such nation, tlien, although the American (lovern- ment might have some reason to <'om]»lain of unceremoni(tus and un- friendly treatment, there might, perhaps, have been no cause of coiu- plaiut, ou the ground of a violation of positive rights. rl '■ il-? < 5 r;'i ^i\ i i >/if "il} 'l 'PI '■ li,;iL i a RUSSIAN DOCUMENTS. A— RBLATINO TO THE NUMBER OF SEALS KILLED ON ST. PAUL ISLAND, 1860-1866. Tso. 1. Letter fro, ti the chief vmnager of the Russian American Colonies to the board of administration of the Russian American Comj)any. Written from the Colonics, March 39, ISGO. In the meantime being desirous of increasing the seal catch I in- structed the managers of the rriblh)f IsUiiids to take 50,000 to 60,000 sealskins every year. • ••*••• No. 2. Letter from the chief manager of the Russian American Colonies to the manager of the island of i:it. Vaul. Written from Sitka, May 5, 1860. To increase the capacity of the ishmd intrusted to your management, by means of volunteer hunters, I iiave ordered an increase in the num- ber of employees, and you will receive tliis sumn)er, by the ship Cesar- rifeh, lumber for the construction of a shed aud a drying room. The (•onstrmttion of the shed and tlie drying room must be in exact con- formity with tlie puri)ose for which they are intended; and 1 therefore direct you to be guided by local circumstances, after consultation on the subject with Lieut. AVehrmann, as the annual seal catch must be increased to 00,000. ******* I again order you to kill from 50,000 to 60,000 seals every year. No. 3. Letter from the chief manager of the Russian American Colonies to Lieut. Wehrmann. Written from Sitka, May 3, 1860, CONCEUNING SEALS. By direction of the board of administration, I instructed the manager of the island of St. Paul, Eepin, to kill from 50,000 to 60,000 seals every year. ^ v 12364 13 193 !*. : I i»l 194 RUSSIAN DOCUMENTS. Til the meantime, seeing from tlie report of Manager Repin that, in 1859, the seal catch was unsiicceasful, owing to the fact that the cows arrived late and without young, [ respectfully request your excellency to ascertain on the spot whether it is possible to take .10,000 to 60,000 sealskins every year without injury to the industry for the following years, and to permit Mm to take such a number as you may thiuk ex- pedient. Fo. 4. Letter from the chief manager of the Russian American Colonies to the manager of the island of St. Paul, Milovidof. Written from SitkUf March 15, 1861. %\ lA u '■ w I direct you henceforward to prepare the following quantity of seal- skins every year, and to send them to New Archangel, 2;"),000, dried in the same way as has been done hitherto, and 25,000 salted, the prepara- tion of which must be performed by the new method, in accordance with the directions inclosed herewith. The attention of the board of administration is especially turned to the seal catch at the present time, and you will therefore bestow the greatest care ui»ou it, and uot fail to ship tlie 50,000 skins hereby or- dc^red. You must make rcfpiisition on the New Archangel factory for the salt needed for salting the skins, as well as for other articles in suflicient quantity at tlie piojier time. In case you notice a diminution in the number of seals, and find it impossible to take as many as 50,(H)0 without too great impoverishment (of the rookeries), you will immediately report to me; and you will also report every year whether it is not possible to take more than 50,000 sealskins. In killing the seals be careful to take the large and medium-sized ones, as circumstances may direct; and you are permitted to kill 4,000 gray seals every year, in order to procure the oil, which, as you are aware, the natives use for their necessities, and you will ship as much of it as possible to Unalaska and New Archangel. ******* Make your reports short, but clear. Report every year on the follow- ing subjects: The increase or decrease of the seal and sea-lion rookeries; the amount of seal meat, oil, and other supplies secured; all vessels coming in sight of the island, etc. ; after the example of the former manager, Shalshnikof. Send every year a list of all the paid empFoyds and hunters, together with your remarks on each, and recommend those who are deserving of a reward, and keep a yearly jourual of the management of the seal- killing and of the work done. I place upon you the personal responsibility of keeping w.atchmen on the rookeries constantly during the summer, in order to prevent the whalers and all other foreigners from landing on the coast, and to pre- vent the natives and the employes from having any commercial trans- actions whatever with them. I I*' 3 ■ftS 'J \A h '.\ RELATING TO SEALS KILLED ON ST. PAUI. ISLAND, 18C0-1866. 195 No. 5. Letter from the chief manager of the RnMian American Colonies, Furu- helm, to the board of administration of the Russian American Company. Written from the Colonies, October 11, 1801. 1 1 i If ' i ' 1 In the course of this year 47,940 sealskins have been taken from the ishuuis of St. Paul and "St.Giiorge, of which number :i4,i>43 salted, 3,()0() bachelors, dried, and 2,500 jjrays have to bo sent to New York; and 12,000 dried skins will now be sent by the ship Czaritza to Cronstadt. • •••••• No. 6. Letter from the chief manager of the Russian American Colonies Furuhelm, to the board of administration of the Russian American Company. Written from the Colonics, November 17, 1802. In spite of the great slaughter of seals on St. Paul and St. George, they are every year occupying more space with their rookeries; and I therefore permitted the manager to take 75,000 skins on the former island, instead of 5(),000; and on the latter 5,000, an increase of 2,000. Seeing now, however, that the demand for sealskins for New A^ork does not go beyond 2(),000, I will alter this arrangement, and instruct him to prepare 25,000 salted sealskins and 20,000 dried on St. Paul and not to take more than 3,000 on St. George, as heretofore. The sealskins remaining over can not spoil, as they are thoroughly salted. No. 7. Letter from the board of administration of the Russian American Com- pany to Captain of the First Class and Knight Ivan Vasilievitch Furu- helm, chief manager of the Russian American Colonies. Written from St. Petersburg, February 14, 1803. The board of administration, noting in dispatch No. 465, of Novem- ber 17, 1862, your arrangements for killing a larger number of seals on the islands of St. Paul and St. George, to wit, on the former, 70,000, instead of 50,000, and on the latter 5,000, respec^tfully requests your excellency to give orders that the said arrangements be kept in force, as the board will not fail to adopt the necessary measures for the sale of these furs. i1 « "< I Sf" '^'t'-, 196 RUSSIAN DOCUMENTS. No. 8. !M !; 1 li ; Lei ter from the ehief manofjer of the h'lissian Amen'ean Colonies, helm, to the board of adniiii istrotion of the h'uxsian Ameriean Coi Written from the Colonicn, October 8, 1803, Furu- ■ompany. CONOKKNINC THR QUANTITY OF FURH TAKEN DURlNCi TIIK CUURKNT YKAU IN Tin; KADIAK DISTRICT AND «»N TIIK ISLANDS OK VNGA, UNALASKA, ST. I'AUL, AND ST. OKOROK, AND AT l-OHT MICHAEL. r»y tlie vessels wliicli ciirried sni)i)li('H to tlio Kiidiak district and tlio isiiiiids of ITiif-ii, riialitsivii, St. Paul, and St. (Icorffc, and to Tort Michael, and wliich have now returned to New Arclianf-'cl, 1 received re- ])ortH from tiie Kadiak factory and tlie nianaf^ers of tlie above named l)hiceH witli refjard to theii' i)ros))erous condition and the (|uantity of furs obtained (buinj;: tlie current year, viz: In the Kadiak district: The United Kadiak party, wliich was en- Saj^ed in hunting sea otters iii Kenai Bay, «'(nild not visit the best ])laces for sea otters, owing to the constant bad weather, and eonse- (juently its catch was extremely small in comparison with former years ill tliat bay, and amounted only t() 2'tli sea otters. The hunt was, (m the whole, very successful on the islands of Uiiga and Unalaska and at Fort Michael. In the courses of last year tratling exi)editions were sent from Fort Michael to (Juiekpack Kiver, and from Nulatof Station to Lake Min- tog. By the latter expedition l,4r)3 skins of different kinds were ob- tained and were left at that station to be kept until the summer of next year, 18G4. The manager of the island of St. Paul rei)orts that the seal and sea- lion rookeries are iuiu-easing, in spite of the considerable miinbers killed on them ; the white foxes, on the coiitrary, have beeu diiniuish- iug iu nuiubers. No. 86.> Letter from the chief manager of the Russian American Colonies to the man- ager of the island of St. Paul. M'rittcnfrom SitM, May 1, 1861. i; i 1 - • m n ■ iif % As to No. 32. —In my instrnctions No. 249 of last year I fixed the number of fur-sealskins to be taken by you iu each year. By order of the board of atlministration I revoke said instructions No. 249, as well as all previous instructions concerning the catch of fur-seals, audi now direct you to take hereafter, annually, as many as 70,000 fur-sealskins, 25,000 of which must be dried and the reuKxining 45,000 salted, accord- ing to the new directions in your possession. You must take the 70,000 skins now ordered to be prepared, only iu case no decrease in the numbers of the animals is observed ; otherwise you must immediately advise me for the puri)ose of having the number reduced, with a view to the preservation of the seals for the years to come. As these instructions will reach you late in the season, and as you ' For tho fiicsimile of this (locniiient, see No. 31 of the facsimiles published in VoL I of the Appoudix to tho Gaso of the Uuited Stutca. RELATING TO SEALS KILLED ON ST. PAUf. ISLAND, 18G0-18r>6. 197 will ('()iise(|iiciit]y be unal)le to [iropiiro tho whole <|nantity of fur seal- skins now n'(|nii'e(l, I have to re(inest that you will en**<> skins during the time oecnpied by the trip of the vessel tVoMi St. I'anl to Koit .Mieiiael and l>aek. and to put them on board of the vessel on iu'i' second visit to St. Paul. Last year you si'ut only 1 t,()(M) (hied skins, while the order was t(» send about -0,000. In future you must endeavor to strietly till orders. • • • • • . • • No. 9. Letter from the hoard of administration of the Tiiissian Avierican Com- pani/ to the aetiiii/ chief mutuajer of the liKxniau American Colonies, Written from St. 'PeterHliary, .Uarch's, Ism. Ill dispatches Nos. 1004, of November 8, 1804, 1110, of !)eeend)er U, 1801, and Nos, 4;i, 7t>, and SI, of January 18 and liS, 1S(m, the board of administration Invd tlie honor to notify you of its decision with regard to the takin}»- of sealskins. In semliu}^ you now for your information a copy of tiie contract con- cluded with Messrs. Oppenheim iS: ('(»., of London, tor the additional sale to them, in tiie course of 18()(»-'07-'OS, of l(»,00i> salted fur-sealskins, it has the iioiu)r to reiiuestyou respectfully to instruct the i»ers(His whom it may concern to carry out the followinf>- directions: 1. To talce as many as r);{,000 sealskins in 1805 and 1800, and of these to dry l!.'{,000 and to salt .'itKOOO; and in 1807 and 1808 to increase the nund)er of dried skins by 2,000 a year. 2. Of this number you will send: (a) To Lond(»n to Nlessrs. John Morris Oppenheim & Co. 3(»,000, to wit, 20,000 to 21,000 contracted for witii Messrs. Shcpler & Co., two- thirds of which nuist be salted and one tliird dried, and 1(>,0I»0 salted, contracted for by them with Messrs OppcniuMm t!c()o. (/>) By way of Ayan to Irkutsk for the Kiaclita market from 0,000 to 0,000 dried skins. (v) To Cronstadt in 18G."> and 1800, 10,000, and in 1807 and 1808, 18,000 dried skins. 3. In sliipping (the skins") observe the followlnj; rules: (i() The ir»,000 or I0,O(M» intended for sliipment around the world to Cronstadt must all be of the proi)er size, to wit: Larj^e, nuidium, and small younji' bulls ami bachelors, without any mixtiue of j^rays. (/>) In assortinj>' (tin- skins) for Irkutsk, bej>iu with the medium and small bachelors and add a small quantity of the largest grays. (c) (Set apart) about (»,000 dried skins for Loiulon, of the same size as for Russia, but there must be no "yearliugs," tliat is, small grays, among then). (d) In salting the 25,000 skins called for by the two contracts and intended for shipment to London, you must begin with the medium and small ba(!helors and the third si/e of large grays, which, as you kiM)w, are more than oiu' year old. At the saints time you must bear in mincl that the young bulls and the large bachelors liiust not be vSalted, as, according to information received, salted skins are lut fitted for the Loudou mode of dressing. '1 !| i; i. * » , ! aimfmm ..U ' . ' MBIM i | i UI>-^ rrjf"* f| I I 198 RUSSIAN DOCl'MKNTS. No. 10. Letter /mm the ehief nianiffer of the iiiissian Amerienn Coloniea to the mniHKjvr of ISt. (Jeorye, Written from Silkn, May fJ, lS(i5. • •••••• It lias roiue to my knowh'djfo tlnit wliito soals liavc been seen on flie rribildf Islands; yon au' tliciclore instinctod to kill tlioni iiwlisciiini- natt'ly, in order to jnT.vcnt flicir spoiling; tlic racti of Ww ;;(>nnino soals. Altciin;;- tlif instinct ions ;>iv«'n last year in my No. 145 with lofjanl to tlic Uillinj>' of seals, you are instnu^tiMl to kill in l.SdO, for shipment to New Arehangcl (Sitka), l,',0(JO to be salted ami 1,000 to be dried; in all, 4,000 (.vie). No. 11. Letter from the ehief mnnayer of the TiiisHian Ameriean Colonies to the manuyir of ISt. J'aul. Written from iSitka, May 6', 18G5. It lias (^ome to mykiiowled^jfc tliatwliitesealshavomadetlieir appear- ance on the Pribilof Islands; yon are therefttre instructed to kill them indiscriminat<'ly, tard to the killing'' of seals, I instruct you to take in IStUJ, for ship- ment t(» New Archangel (Sitka), 20,000 sealskins to be salted and not more tliau -'5,000 to be dried. • • • • • • • 1' hi 1 ' M ! '-. J ', j ) 1 1 -i- M I V _ '! M '' i No. 12. Letter from the chief manager of the Runaian American Colonies to the manayvr of the island of tSt. Vaul. Written from ISitIca, April 4, 1866. I instruct you to take next year, 1807, the followinjj amount of seal- skins, and to prepare them as follows: 20,000 salted sealskins; 30,000 dried sealskins; in all, 50,000. No. 13. Letter from the chief manager of the Russian American Colonies to the manager of the island of iSt. George. Written from ISitka, July 33, 1866. You are directed to take and prepare next year, 18G7, 2,000 salted sealskins, 2,000 dried sealskins; in all 4,000. • •••••• UELATINO TO VISITS Foni'tON WIIALKKS TO IlHRIXa SEA. 199 No. 14. Letter from thv chUf mniKjrr of thr Ix'iissiaii Amt'rfenn Colonlrn fothemnna- (jcrofthe, inlnnd of St. I'anl. Written from Sitho, Autjunt 10, istid. You iire iiistriu!t<'(l to (ioiitiiiiio the seal Ciitcli in tlio followinj,' iiiiiii' iht: 1. Twenty tlionsand salted sealskins evi'iy year, and L'. Next year. ;<7,(Ml(> dried sealsi,(K)0 every year. Do not Itill any snudl gray seals in luture. • •••••• \\ No. 15. Letter from tlieohiefmann, LS(i7. • ••*••• The l>oard of administration Inis notified nu" tl)at Messrs, Oppenlieim & Co., after rej-eivin}? the seaisjvins sent by us, expicssed tin* wish tlnit only salted sealskins be sent them: ;.nd yon are therefore in- structed to i»rcpare40,(MH) salted sealskins for tlu^ summer of l.S(i8, and to stop dryinjjf tiie skins for tin* i)resent. 8eiMl to Sitka all the dried sealskins which you have on hand, and, in addition, send this year .'{.>,()(»() salted sealskins, which are needed, nccordinj; to the last (lispatch of the board of administration, instead of dried ones. If I did notinstnu^t you last year iu>t to kill the fjiay seals, yon are now instructed not to kill any of them, as a veiy larj^e quantity of grey sealskins have accuinuhited at New Archangel. • ••*••• :< li '^1 B.— RELATING TO THE VISITS OF FOREIGN WHALERS TO BERING SEA. No. 16. Letter from tJie hoard of administration of the Russian Aineriean Corn- pan if to Captain of the l!iecond Itank Nicholas Yakorlovitch liosenberg, chief manager of the liussian American Colonies. No. 8<)7.] July 13, IS-TO. In reply to your predecessor's dispatch No. 404, of October lo, 1849, the boanl of (idministratiou has the honor to inform you that tluM'ir- eunistances stated therein in regard to the visiting of the island of St. I'aul by foreign whalert, as well as the interrogatory papers, have been conununicated to our minister in the United States, with the re(iuest that steps may be taken to prevent the Americans from invading the integrity of the Russian limits and of the property rights of the c(Mu- pany. At the same time the board, of admiuistratiou expects that you, i ' I , I \ t ■7 '-; 200 RUSSIAN DOCUMENTS. like your predecessor, liave taken all iicv^essary measures for guarding thePribilof Islands, whi<;h are of such importance to tliccompany, from a repetition of similar attcnpts on the part of foreigners; and until the clearing of those waters from whalers by means of si war cruiser, of whose sending the board bas already received information, you are directed to order the company's cruisers to pay particular attention to the rribllof Islands. iSigned. in the original: V. POLITKOVSKY, Presiding Officer. V. KiSHlUIN. N. KUSOF. No. 17. Letter from the hoarfl of administration of the Fussinn American Company to Captain of the Second Rank N^iehoias Yakocloeitch Rosenberg, chief manager of the Rvssian American Colonies. No. 561.] April 18, 18r>2. In transmitting to the governor-general of eastern Siberia the con- tents of your dispatcli No. oOl (May 21, 1851) concerning the visits of foreign whaleships to the cohmial seas, the board of administration reciuested his excellency, in order to save the comi)any from injury caused by such occurrences, to issue instructions nuiking it the duty of such armed cruisers as his excellency, may liave at his dis])osition to patrol the colonial seas, especially around the Commander Islands, where, as you report, the foreign whaler^ assemble in great numbers in the sum- mer season. Informingyouof this, the board of administration would instruct you at the same time to tit out a ijompany's cruiser independently of the naval cruiser and to instruct it to cruise in those places where, on closer investigation, it may appear to you necessary. Signed in the original: V. PoLiTKOVSKY, Presiding Officer. V. Klupfel, Member. A. Etholin, Member. N. KusoF, Member. Wbangell, Member, I! \ I i i» ,V,; SEIZURES OF .\MERICAN AND BRITISH VESSELS BY RUSSIA IN 1892. r,.^ 1 [Extract from the Victoria News of AngnstJl, 1891.] RUSSIAN PIRACY — SEALERS TAKETJ IN THE OPEN SEA— THREE VIC- TORIA CRAFT SEIZED AND THEIR CREWS THREATENED WITH SIBERIA — A 'FRISCO VICTIM ALSO. Startling story of outrage, insult, and pillage. — The captured crews turned heartlessly adrift. — To secure passage home they sign away everything. — How they arrived at Victoria. The Russian Government is following much the same high-handed poli(^V as that pursued by the United States regarding tlie sealing nnxtter. The officers of the Czar have perpetrated an (uitiage in tliat connection that for wantonness exceeds even thf acts of the United States' vessels. Tlie Victoria schooners, Rosie Ohen, Ariel and Vfillie McGoiran and the San Francisco schooner C. H. White, Ijave been seized upon the high seas by the man-of-war Zabiaka. The seizures took place nearly 50 miles south of Copper Island and in the open ocean, July 18 and and July L*8. Notwithstanding the vigorous protests of the respective captains they and their crews were made i>risoiiers and taken to Petropaidovsk, where they were tuiiied loose upon the beach without either food or shelter. Their schooners were confiscated, and threats made that the cai)tains would be sent to the salt mines of Siberia if they made any protests. Finally the entiie complement of the four vessels were taken off by the American bark MajesHc on August 9, and readied Itoyal Roads yesterday afternoon. « • • • ' • • • lA m 'I i? [Extract from Iho Victoria News of Septnmber 10, 1892.] MORE RUSSIAN SEIZURES— THE VANCOUVER BELLE GONE, Besides other schooners not yet identified.- up by the Russians. -The lost boats' crews picked Four more sealing vessels, including three Canadian and one United States craft, have been seized by the Russians in the vicinity of Copper Islaud, and several missing boats ure sux)X)0sed to have met with the , ! I i i. 't n V; A '< k i= It ! I 202 SElZUREi? BY RUSSIA IN 1892 same misfortune. Tliis new? ^as brought by the sealers E. B. Marvin and TV. P. Say ward which arrived in port yesterday, and renewed the excitement created in Victoria by the first intelligence of the Russian outrages. The names of the vessels latest seized have not yet been ascertained, except that the Vancouver Belle from Vancouver is known to be one of them ; tlie other Canadians are supposed to be the Maml 8., Geneva, or Dora Sieirard — two of these three — tlumgh this is not posi- tively known. Tlie owneis of the jMarrin and ISai/ward were amongst the hai)piest men in Victoria j'esterday when tliey learned that their smart little craft were at the entrance to the harbor. [Bztraot from the London Standard of September 10, 1892.] THE CAPTURED SEALERS. [From t'ur correspondent.] Ottawa, Friday night. The minister of marine is preparing a case to submit to the British Government relative to the seizure of Canadian sealei^s by the Russian cruisers off Copjjcr Ishtnd. He says the seizures were made, not in Bering Sea, but in the North Pacific, and that they are most gljiring violations of the treaty between Russia and Great Britain in 1888 {sic). {Trom the London Financial Times, of September 15, 1892.] THE SEIZURE OF SEALERS BY RUSSIANS. Victoria, British Columbia, I3th September. A comparison of the statements made by the captain of the Russian cruiser which seized a number of Canadian sealers in the Northern Pacific and the regular charts pre])ared by the agents of the marine department shows tliat tlie schooner Willie McGowan was 42^ miles from the nearest land when seized. The l^osie Olsen also appears to have been 38 miles and the A riel 30 miles out at sea. The sealer Agnes Macdonald arrived here to-day and reports that when 20 or 30 miles from Copper Island she put out her boats, which were, however, soon driven in by the Russians. The Vanconver Belle and other vessels have been seized, all they ('<,ntiiined being confiscated. The Russians are said to have declared that they would seize the British schooners wherever they found. them, no matter what distance from the shore. The scaler Libbie will probably make a trip to the Southern Pacific. — Reuter. [Extract from dispatch of TTnltcd States Consnl If vers to the Assistant Secretary of State, dated Victoria, October 8, 1892.] The Briti.h vessels reported as seized by the Russians off Copper Island are the Carmelite, Willie McGowan, Itosie Olsen, Vancouver Belle, Ariel, and Maria. OP AMERICAN AND BRITISH VESSELS. 203 Letter from Collector Milne, of Victoria, to the Canadian minister of marine and fisheries. [Publlslied in the London Times of November 11, 1892.] Victoria, B. C, October 8, 1892. The Collector of Customs, T'/c/orm, B. C: Siu: As requested by you, we have measured the distanee on the chart of Bering Sea, as giveu by you, sho\viii{.f the exact jdaces where the three liritisli schooners weie seized by the llussiau cruiser Zabiaka and tlie Russian Fur Company's steamer Kotik. Schooner Willie McGoican, latitude 5()o 60' N., longitude lG7o 50' E., a distance of 42^ miles from Copper Island, the nearest land. Schooner Kosie Oken, latitude '>i° 24' N., longitude 105° iO' E., a dis- tance of 38 miles from Bering Island, the nearest land. Schooner Arie/, latitude iiio 10' X., longitude 107° 40' E., a distance of 30 miles from Copper Island, the nearest land. Yours, resjiectfuUy, James Gaudin. J. G. Cox. ■ ■ f Sworn statement of Captain Furman, of the schooner C. H. White, seized by the Kussian Government in 1892. State of California, City and County of San Francisco, ss : Lawrence Magnus Furman, being duly sworn, deposes and says as foUows, to wit: My full name is Lawrence Magnus Furman; I am 37 years of age; 1 was born in the city of (lottenbuig, Sweden; I am ^^^^ ^^^^^ now a resident, and at all the tinuis when the events """'"* took place in regard to whi(;h I make this aflidavit I was a resident of the city and (!Ounty of San Francisco, State of California; I am now and at all the times when the events took place in regard to which 1 make this attidavit 1 was by occupation a master mariner; 1 have an interest in the claim of the Eagle Fishing Company against the Kussian Gov- ernment, to support which claim I make this attidavit; that interest is as follows: I own one share of the capital stO(!k of the Eagle Fishing Company, and am a director thereof; I have no \. <■■■ : k herein. On said day I as master, as aforesaid, did in and with said schooner set sail and depart from the said port of San Francisco, bound for the North Pacific Ocean, said vessel being at that time, and at all the times herein.after mentioned, seaworthy and in all respe2, being then fishing about 40 miles south of Agattou Island, one of the Aleutian Islands, set sail for the Kuril Islands off the <;oastof Japan, intending to fish there, and knowing that my clironometcr was out, wanted to sight land to correct the chronometer, and accordingly deviated toward the Copper and Bering islands for the ])urpose of sighting them, or one of them, and corre(!ting my chronometer, as aforesaid, and on the loth day of Jidy, arrived at latitude 54° 18' north, longitude 1(57° 19' east, by cor- rect observation, and had not fished or sealed in said place, nor at any place within 50 miles thereof, or in Kussiau waters at all, and the wind being light, but the vessel sailing on its course, as aforesaid, and no boats being out from said vessel, either for hunting or fishing, and no one from said vessel being either hunting or fishing. Said latitude 54° 18' nortli, htngitnde 107° 10' east is, by correct ob- servation measured by me, on the United States Coast Seizure of sciiooner. Survcy Cliart, No. 900, more than 80 miles from Cop- l)er or Bering islands on the high seas, and not in Russian waters; when at said time, and in the latitude and longitude above mentioned, on the 15th day of -July, A, I). 1892, as aforesaid, and not being at the time hunting or fishing, and not having at any time fished or Imnted seals in Russian waters, but being at said time on my course for the Kuril Islands, as aforesaid, the said schooner was boarded by an oflicer from the liussian war cruiser Zabiaca, which said war criiiser Zabiaca was at all times herein mentioned, a regularly commis- sioned war cruiser beh)nging to the Eussian Government, armed for oii'ensive and defensive warfare, aud acting under theauthoi-ity andby the directions of the said liussian Government; and I was by saidRus- sianofficerorderedtoconieon board of said cruiser with all the schooner's papers; I accordingly went on board, and the (captain of said cruiser, after examining the schooner's papers, arrested me, and then had all the crew of said schooner, except the mate, brought on board of said cruiser, and I and the crew of the schooner were kept ingTeSa** '^""°'^' ou Said cruiscr aS prisoners. The said Russian cruiser then and there seized said schooner C. U. White, and towed it to Nichelovsly Bay, liering Island, and then placed said schooner under a prize crew and sent it to Petropaulovsky, and the cruiser, with me and the crew of said schooner as i)risoners, sailed to Petropaulovsky and arrived there on the 20th day of July, A. D. 1892; and while on board of said cruiser, I was by the captain of said cruiser forced to sign a paper in Russian, which I did not understand, the said captain threatening to send me to Siberia uidess 1 signed said paper, and I only signed said p,aper under protest in consequence of said threat and the duress exercised by said captain of said cruiser. The Russian Goverumout seized said schooner 0. H. White^ as herein* 1 I 'i '■■ U, duly made a regular marine jnotest against said seizure to Januss G. Swan, a notary public in and for P(U*t Towusend, State of Washington, Ihiited States of Ameri(!a, innnedlately ui)on my arrival at said city, and said city being the first place iu the United States at which 1 arrived. Lawrence M. Furman. ■\i Subscribed and sworn to by the said Lawrence M. Furman, known by me to be a credible witness, before me this 3rd day of November, A. 1). isyii. Harry J, Lask. Kotary rvblic in and for the City and County of iSan Francisco^ State of California, i ]\ :M m r-^iW OFFICIAL REPORTS. SEPORTS OF CAPTAIN HOOPER. ^ . Orders to Captain Hooper. TJ, S. S. YoRKTOWN, Third Rate, Unalasl-a, July 18, 1892. Captain C. L. Hooper, U. S. Revenuo Marine, Commantlinii U. 8. Berenuo Cutter Corivin: Sir: When yoii have tilled up with coal, and the vessel under your command is in all resi)ects ready for sea, you will proceed to the Prib- ilof Islands, and havinji' communicated with the Treasury agents, and received on board Professor Townsend, you will run on radiating; lines from that island in order to obtnin the informatir)n requested in the inclosed comnmnication, addressed to Captain Tanner, of the U.S. Fish Commissi(»n steamer Albatross. You will run the lirst line directly west from St. Paul and continued on that line until you are satisfied thatycm have ])assed the outer limit of the seal herd; you will then steam south until the island bears east by north, when you will head directly for it and continue your course uiitil you reach it. Continue this work until you run (mt on a south course. You will then reverse this operation and follow the compass around until you reach the north point. Continue cruising in this way until it is necessary foi' you to return to Unalaska for coal. When recoaled resume this work and continue it until you receive further instructions. You will consider this duty as in addition to your work as a cruising vessel, and you wi^ use your utmost endeavor to obtain the information re(piircd. If at iiny time you have reason to suspect that sealing vessels are about dro]) all other work and capture them. You will receive from the Fish Commission steamer Albatross such portion of her sealing outfit as you may re(]uire. Very respectfully, It. D. KVANS, Commander U. iS. Navy, Commanding TJ. S. Naval Force in Bering Sea. 207 I n lU 1 .1 1 ir n 'I I I I 1 V I! m I ' lit ' til ri?' t i ' , ,! ■ i r >; 208 OFFICIAL REPORTS. Report of Cupta in Hooper, dated August 17, 1893. EeVENUE INIARINE STEAMER ('ORWIN, Port of Umduska, AakjuhI 17, 1893, Commander R. D. Evans, U. S. N., U. S. S. York-town, UomWij. U. S. Xaral Force in Tiering Sea: Sir: I liiivo tlie honor to submit the Ibllowinfj account of tlio move- ment of tliis vessel since July 2;{(l, upon which date we entered, in obedience to your orders, dated ^luly IDth, liSOL', upon the uiitlnislied duties assigned to the IT. S. Revenue steamer AUtatross, tiiat vessel having been ordered home on account of a defective boiler. The delay in the Coririn''s de]tarture upon this «luty was due to a short trip nnide to the vicinity of False Pass, in obedience to your verbal orders to i)ro- ceed to and guard False Pass until the ari'ival of the Yorktoicn. At 4 p. ni.. July 2.'5d, having made all preparations for a cruise, we hauled away from the wliarf at Dutch Harbor, and taking the American bark (Jcneral Fairvhild in tow, steamed out of the harbor, (lave the bark an oiling of about 10 miles; cast otf and steered for St. (Jeorgo Island in a thick fog. At daylight on the foUowing morning (24th), fog thinning out a little, mailcs sail and stationed a seal lookout; wind increasing to a strong breeze. At meridian passed AnuMi"an whaling brig Francis A. Barker. Too rough to boar*! her. At 3:15 p. m., fog very thick and sea rough, vessel, by reckoning, 22 Uiiles from St. George, took in Hying Jib and topsail, and stopped engine; sounded in 50 fathoms water, sounding every half lumr, water shoaling gradually to 34 fathoms, when, the fog thinning a little, we caught sight of a small patch of snn and a minute later the land came in sight i-lose aboanl and we were able to recognize Sea Lion I'oint, near the east end of St. George. At 7:30 p. m. came to anchor off the village; too rough to eomnmnh'ate with the sliore. The North American Commercial Company's steamer Bertha came in and anchored a few miuntes later. She reported seeing a schooner off Sea Li-e iind sent mail for the island on board the Athans, alter which she proceeded in the direction of vSt. Paul. One fur-seal was shot from the vessel for examination. It proved to be a three year (dd male with an empty stomach. The pelt was salted (Cataloj;ue No. 1). Towards eveniiijL,' weather improviujf. At niiduifi'lit }iot under way and steamed to the northward. At it a. m. (L'Hth) hauled in for St. I*aul. At S made Northeast Point. Steamed aloiif^ the muth side of the island. Saw numerous seals in the water otf Northeast Point rookeiy; 11 :30 arrived off' the villajje, east ancdiorage, and eanie to anchoi'. The Mohican K'<>t under way as we arrived and steamed to the westward. Landed and communicated with Treasury a}?ent. Naturalist Towiisend returned to the vessel. We also took on board an Ah'ut to hunt during' the abs«!nce of our reg- ular hunter. Atai.'JO p. m. rhe Ath), stopjied the vessel and lowered the otter boat and sent out hunting party. The boat, being so badly titted that she would do nothing under sail, was called alongside again and hoisted up. The day was spent in getting the boat jmtperly fitted. The stej) of the mast was changed, the mainsail altered and a Jib made, oars pro])erly titted, etc. In order to make our sealing outfit as efficient as possible, a good man was selected from each watch to act as boat steerer ami boat puller. They were relieved from night watch, and when not in the boat are recjuired to keep a seal lookout on the bridge in turn every two hours from 5 :.'{() in the morning until 8 p. m. At one p. m., lat. 57-27 N., long. 17.3-32 W., sent the dingy out with the Aleut hunter with orders to cruise till 5 p. ni. At the time named she returned with nothing. They reported having seen but two seals, both traveling and moving too quick to be shot. No sh'eping seals were seen during the day. Between and 8 p. ni., 12(1 to 135 miles off St. Paul, nunuHous seals were seen — yearlings, two yi?ar olds, and full- grown seals; also saw a large number of "killers" (Orca). .Inly 3()th, light southerly wind and overcast. At 3 a. m., having run up a distance of 200 nules from St. Paul, ran south until 8:20 a. m., when St. Paul bearing E. by N., shaped course for it and made fore and aft sail. At 10 a. m., moderately southerly breeze, made all sail .ind uncoupled propeller. Seals were seen at intervals during the day, but few sleeping, the sea being probably too r-45 N., long. 175-58 W., the boats were again sent out hunting and returned about 5:30, the dingy with one seal, a cow with milk (Cat. No. 10) Avith its stonnich filled with codfish and squid. Two seals shot and killed from Same subi t ^^^'SJ sauk immediately. The otter boat brought four seals, two virgin females with empty stomachs (Cat. 11 aud 12), aud two females with milk (Cat, 13 and 14). The stomach REPORT OF ('APT. HOOPER, DATED AUGUST 17, 189'2. 211 of No. I.'l coiitiiiiUMl fish (pollock), and tliat of Xo. 14 was empty. Tlie Hkiii of rarli was ])r(>])artMl fur iniMintiiiy. Aft«'r takiiif; up tliu boats steamed aliead S. by 10. 1-1 K. until II. -I."* p. m., when a course was* shaped N 10. by 10. for St. Paul Island, distant -00 miles. Numerous Meals were in si;;lit all day. Weather calm and <»veicast. Aujjust .'{, steerinfi' for St. I'aul Island; wiinl liji'ht, sea smo(»th; over- cast and occasional i'o}f banks. Numerous seals were seen durinji' the morninji wateli. At S-.l'A), hit. ;{(i-L".» X., Uma. I7.'i-;{S \V.,sent out otter boat incharfjo of Quartermastei' l>usse. Mr. T(»wnsen(l voluntetMcd to f(o in the dinyy. At 11:.'{0 called boats alonj-side. Mr. Townsend broufiht back two seals, a foui' year-old male (Cat. No. 1,"») and a cow with milk (Oat. Xo. Ki). the stomach of each ccnitainin;;' tisii. probal)ly cod. Two shot from the dinjiy esi-aped wcmnded. Tlu^ (»tter boat brou{,'ht back one seal, a two-year old male (Cat. No. 17), t'ontents of stonuich not identified. At !> ]t. m.. stopjied enji'ine for the ni^ilit on ac- count of fojjf. August 4th, thick lojj all (lay. VVorkin}; toward thelaiul, souudiii}; at intervals. Scmndinjis decreased from «iO to |."» fathoms; unable to make out anythiu}''. Seals scant duiiujjf the day. but more plentiful towards eveniiiK". At '»«/< and re- ceived from her our own hunter, who had been sent back by you from Unalaska. Wind fresh NIO. At .■{:.'{(> passed St. (leorge Island; did not stop. Ordered full sjieed at starting in order to get to Unalaska, coal ui>, and get tritish sealing schooner Mouniahi Chief, seized by the Adams for sealing in Bering Sea. No IJ. S. vessels were in the i)ort, being all out cruising. The Adamn was seen steaming to the eastwaril as the Corivhi entered the harbor. There was also in ])ort the schooner Helen, of Seattle, with a party of ])rospectors on board bound for Cicdovin Bay, Nort OFFICIAL REPORTS. t i ■■ I!" ,: Aii;iust 10 coiiniKMH'os witli liylit airs and f'ofjs; soa mo(l(>ratiiij?| r of seals were soeii, mostly tiavt'liiij;' and playin;*, Al S a. in. sliapi'd coius*' r«»r St. Taul. At S: ir», lat. oli^li N., Ion;;. 170 \{) \V. sccin;:' sliTpin;; seals, stopped and sent out otter Itoat iind din;;v. At 1 1 j)i('ked up boats with lour .xuminnr"''*''' "'"' '*«''>'^ '•' <'JJ:.Vi i>" H'llialeS with niilU (Ca . Nos. is to L'L', inelusive). Nos. IS, 10, and '21 each had its stimiaeh tilled with eodlish: the contents of stomach of No. lili consisted of lisli Itones only. The uterus of each was saved in alcohol and the skin pre|)ai'eil for nntuiitin;;. At 1 p. ni. arrived at St. Paul and ciune to anchor oil' the villa;;'e cove (SW. side). Coni- mnnicated with Special A;>ent tl. Stanley-lliinvn. I found the breed- in;;' rook«'ries tliinnintj: out very r.ipidly, th«' fenndes beiu;; away in search of food. At l:.'>0 the IJritish steamer Mrlpnmvue arrived fr(tm a cruise and landed the iJritish Coinmissioiu'r Macoun. At ."c.'lO ;;ot under way ami steamed up alon;ifside the west side of the islaml. At 0:;50, two miles of NW. cape, shapo«l course WNW., took ii. all sail ami ordered S kn(»t speed. An^jfust II, seals scat terin;;' during the forenoon. At meridian, beiii;; about l.">(» miles WNW. of St. Paul Island and but two seals having; been s<»eu since 0:4.~» a. m., it was thoiiyhl that we w<'ro beyctnd tho limit of seals in this side. The otter boat had one seal, a cow with milk (Cat. Xo. 28), tliestouiach containin;;a snmll (pian- tity of iisli nearly di;;-ested. Tlu^ diny;y had taken nothin;'', but Just as the boats were bein;;' hoisted a seal put his head out of the water near the vessel and was shot and se(!ured. This proved to be a three or four year old male (C;it. No. 27) with its stomach empty. Both skins were prei>ared f«»r mountin;''. After takin;;' uj) the boats t course was shaped for St. Taul Island. At S p. ni. ordered 0-knot specc' for the ni;;ht; wind moderated and sea smooth. Au;;ust 18th, at r<:30 a. m., lat. r»7-.'{2 N. long. 170-45 W. stopped engine aiul sent out h,ats for an hour. The dingy got oiu' seal, a female with nnlk, and rl>.*, otter boat !n)ne. Seals were nuuu'rous, but the weather was so calm and the sea so smooth that it was impossible to get near them; on account of long continued mild weather they were sleei)ing very lightly. A til a.m. arrived andcametoanchor at Northeast Point St. Paul Island. A seal which came up near the vessel was shot and proved to bo a three- Saiiid HUl).|r("t. nEPORT OF OAPT. '' ..|'KK n\rr.D AT'OrsT 17, 1>*92. 213 yonroM iiiali', with an »'iii|tt.v Mlomadi. Ilallan Inmr liitci tlic luinfiir i-aiiH' ill iiiul aiiclioird near:" sent tlu' Imiitrr nut in tlic otlri' hoat with iiistiiictiniis to nil) olV 1<> mih's in a iioi llu-ily dinu'tioii iiu(l kill u ti'w seals lor oxaiiiinalioii. iMiiiii;; the alt <'i noon, in rompaiiy with Captain Nifhols.ol'lh«'/i''n///rr,aii(i Mr. rowiist'iui,iiatiiiaiist.aii(l.>nl LiciiLJohii- 8toii,oltherf)r well (U'lliied and, compared with the spaces lormerly occupied hy them, the lindts of whi«di are still easily delhied, shows the ;;reat decroase that Inus taken place in their nnndn'rs. At 4 p. ni. the otter hoat returned with seven seals. The nine seals taken this day were ninuheicd as follows: Xo. L'!) and ;{.">, yonn;;- males; .SO, ;5l,and ;{;>, vir;;in i-ows; .TJ, ,11, ami lUi, nursin;; c(»ws; ;J7, old male, 'i'he stonnndi of each was emjjty, except No. .'>."•, whitdi c^tntained a few snnvll stones. 'I'he t>kins were prepared for mounting; for nniseum specinn>ihn The hunter rejjorted seeing;' the earcass ("tf an old hull with a hullet Inde in his head, lloatin;;in the water, probably shot by a whaler, as it is not believed that there are any sealers in the sea. About 't p. m. ^^ot under way ami steamed around to the amhora^ic olV the villa;;e S\V. side; on the followin;«; •nornin;'', Au^'iist 1 Itli, rcH-eived on board Special Anient .1. Stanley- IW'own ami his assistant, Mr. ( Chichester, and the res- ident priest, Father Lesnikolf, for tran^portati(Ui to Unalaska. (ieneial Anient Tin^jie, of the Ntuth Amencm (lonnnei'cial (Jo.,canu'. on board t(n' transportation to St.deor^'e Island. (Jot under way IVom St. Paul at *.» a. in., ami arrived at 'St. (ieor;;-e at li p. in., and remained three hours, to enable S|)ecial A;;ent J. Stanley l>rowii to attend to olllcial business im snore. At "» o'clock j^nt under way and steered south; moderate easterly wind and line weather. An^iust loth, steeriii^iin a southerly :'M) p. iii. passed llogaslov. At 8 p. in. stopped en;,nne and hove to for the ni^'ht. August H>th, steamed ahead at .'{:;{(► a. m. At ~t:',W a. in. entered and came to anchor in ('hernofski Harbor; visited the shore. Special Agent Stanley l»r<)Wii t(»ok allidavitof the agent of the Alaska Comineicial Co. and tw(» .\lents in reuard to pelagic sealing. At 8 a. in. got under way and steamed to Unalaska, arriving at li p. in. The vessel will be coaled without unnecessary delay and proceed to complete the work assigned to her. In obedience to yiuir ordei- the skins of the seals t;dven up to date, with skulls, stomach, contents, <'tc., saved, have been delivered to SiuM'ial Agent .1. Stanley-l>rown, who w ill forward them to Dr. C. Mart Merriam, care IJ. S. Kish Commission, Washington, 1). C. 1 urn, very respectfully, your obedient servant, C. L. IIOOPKR, Captain, U. S. B. M. X -^ K' m ( : !,5.f]« : ■ o 214 OFFICIAL REPORTS. DisTBTfiT OF Colttmhia, Citi/ nf Washin<]fon, us: C. Ij. II]). m. we got under way from the inner hai'bor and steanu'd to sea. At.'{:4."> stopped to speak Ameri- can Slii]) America in answer to a signal. The ship was becalmed and the master recjuested that she be towed further mit to sea. She being in a fairly good position for a wind in any direction and in no danger, and it being im])oitant that the Corwin get back to the islands and carry out the duty assigned her. this re(iuest was not coni])lied with. The following niaj,iietic bearings of prominent ]>oints taken at the time show the position < ^' the vessel: Priest Rock. Kalakta Head NIC. x E h E. Waterfall, Cape Cheerful SW. x W. i W. I'lakta Head SSF.. Proceeded cm cmr course for the islands. Half an hour after a light SW. wind sprang u]) and as soon as we opened out past Cape Cheerful a heavy westerly wiml was ei'.count«>red. On the2(tth wiiul from NNE. to NW.; weather overcast and at times foggy; runningforSt. George Island; scattering seals were seen thnuigh- out tlu' day At 4 p. m. caught a glimpse of what was sup))osed to bo land and hauled in NE. for it. At 4:00 hearing bieakers, stopyed and sounded in X) fatlioms; fog lifting a few minutes later nnule land near Dalnoi, and at (»:lo p. m. came to anchor o*\' St. (Jeorge village in 7 fathoms of water, bio rough to land; renniined at anchor during the night. On the 21st, at 4 a. m. got under way for St. Paul Islainl and arrived at 9:;30. Landed 2ud Lieutenant D. J. Ainsworth to act as special agent, relieving Special Agent Murray in obedience to orders RKPORT OF CA?T. HOOPER, DATED SEPTEMBER 6, 1892. 215 frfun tlic lionorahlo tlio SoiTotary of the Treasury, At 11 a. m. pot iiiuler way and stood ottsli(»re on a W. by N. course. At 2 p. m. stopped engine and made fore and alt sail. Sent otter boat and dingy out to hunt. At ") p. m. caUed boats ah)n<;side; cmih boat had taken two seals, all full prown fiMuales. three nursinf> cows, and '. . ^ T-v • ii • 1 „i . i.: Femalt! seals tak o'clock a. m., although a careful lookout was kept at all times. At S ]). m. St. Paul bearing E. J S. distant 2(10 miles, changed course t<» SSW".: wind variable during the nig'.it with occasional scjualla. August 22d at S a. m., St. I'aul bearing E. x X. ^ distant 30") miles, changed course to SSE.; wind westerly, fresh, and weather squally. At meridian St. Paul bore ENE. distant '.Wit miles. At 10 p. m. St. Paul bore NE. A distant 285 miles, shajjcd course for it. During tl sixteen (1(>) hours of daylight this day t!'lh, St. Paul bore NE. .; distant about oO miles, strong head wiad, vessel making but little headway, decided to make a fair wind of it and rur another line offshore. Accordingly changed course to SE. and ran 12 miles. At 7, St. Paul bearing NN'E. } E. kept away to SSW.: \ W.; made all sciuare sails; no seals seen during the morning, running off under all sail i)efor«' the wind. At 4 p. m. having seen no seals during the day, changed course to east. At 8 p.m. hauled up toNNE. and later N. x E. i 10. N'essels close liauled on ptu-t tack under fore and aft sail. Wind moderated during the night. At daylight August 2(5, wind freshened with siiualls, and baroi)ii4er falling. At 8 a. m. kept away for St. (ieorge Ishuid, and about 1 p. m, canu' to anchor at (larden (.'ove in 9 fathoms water, starboard anchor and 4.1 fathoms chain. Later in tlie day wind in- creased to a fresh gale, veered t(> (5'* fathoms on starboard chain. Scat- tered seals were seen in the morninir watch when about 40 miles from St. (leorgeand during the forenoon as we approached the island, but only in limited numbers. We remained at anchor at Garden Cove during the night. Wind blowing a fresh gale with occasional heavy s(]ualls. At daylight on the morning of the 27tii wind modeiating a little, barometer rising, and weather altogether showii'g signs of impidvement. At 11 a. m., the gale having abated, we g(»t under way from (lanlen Cove and steamed around to the village, but finding the sea still too rough to make a land- ing at that place, kept on for St. Paul; arrived and came to anchor (»tf Village Cove at o p. m.; found the Ixii.sli at anchor, she having arrived tiie day previous from a cruise to the eastward. h ,..jI!»I I I r} 216 OFFICIAL REPORTS. 'v ■ Sent an officer on shore to comnumicate with Acting Special Agent Ainswortli, who rei)ort(Ml everj'tiiing in a satisfactory condition. Snnchiy inoriiinfr, An};'nst28, got nnder way at 4:30 a. ni., and ran off- shore on a iSW. X N. line. Scattering seals were seen during the Tny until towards evening, when thej* disa]»pt'ared entirely. At 8 p. m. changed course to E. x N. ^ N. At midnight St. Paul bearing S. xE. distant 120 niiles, shaped course for it. August 20, wind SE. increasing to a fiesh gale with a heavy cross sea, vessel under double reefs, engine stopi)ed, saw a whaling bark to the northeast, saw no seals until S:15 a. m. when 70 miles distant from St. I'aul, and only scattering individuals during tlie day; towards mid- night wind moderating and hauling to the southward. August 30, at 1 a. m. steamed ahead under slow-bell on account of the old SE. sea, whicli has not yet gone down. Course SE. x E. At 10:30 passed west end of St. Paul inside of Otter Island; no flag up at eithv''!' anchorage to indicate that a landing could be made, steamed ahead for St. George. At 4 p. :n. arrived and communicated with Spe- cial Agent Lavender. At 5:30 got under way from St. (leorge and shajjeil ccmrse for Unalaska. Saw the Eusli steaming in towards the ancliorage as vc steamed away from the island. At 6 p. m. passed east end o*" rtt. George, light SW. wind, sea smooth, weather clear and pleasant; nmde all sail aiul ordered full s])eed iu order, if ]»ossible, to readi Unalaska before a change iu the weather, the vessel having less than two days' steaming coal on board. During the time the (U)nrin lias been engaged upon the unfinished , , work of the Albatroas, carrying on investigations in Area ((pvcTcil liv , , , . ,. ,' , "^ , , .,..,., ., cruise, invrsii^a regard to ix'lagic scaling, she has steamed 4,(»23 nules, ticiim. iiow iinii,(inii. (.jurying out, as nearly as wind and weatlier would permit, the plan indicated in Department instructions, that of running radial lines from the seal islands corresponding to each i)oint of the coin|)ass. These lints were extended to a distance of 200 miles, or until no seals w«Me seen. The track of the vessel while pursuing these investigations, with the positions in which seals were taken or seen, and all data collected pertaining thereto, will be found on the accom- panying chart and tabulated statcnu'nt. The line run in a west by north (lirection was extended as indicated on the chart in a westerly, south Nvesterly, southerly, aid southeasterly direction, crossing the lat- itude of the seal islands at a distance of about 300 miles, and crossing a line connecting the Pribilof ami Commander gnnips of islands at about the same distance from the former grou]), nearlv midwav. During the run of 400 miles from Lat. 58-^ 22' N,, Long. 177° 42' W., to Lat. ~ht'-> 38' N., Long. 174° 23' \V., no seals were «)bserved, although a careful lookout for them was kei>t at all times. Numerous seals having been found in these latitudes at a distance of 300 miles, I infer that the western limit of the range of the Pribilof herd of seals is between two and thre(^ hundred miles from the islands and that the herds from the Pribilof and C»»mman(ler groui»s of islands do e, but that between the limits of the farthest range of the two hords there is a zone wliich is unoccui>ied by seals, excejjt jjossibly a few stray individuals. Seals were taken at all distances from the islands when sea and weather i)ermittcd. Forty one (41) in all were taken. Dividing that ])art of the sea over which the Corwin cruised into zones of 10, 20, 30, 50, 100, 150 and 200 Western limit of Aliiski," jngle. not mi)' Sealti taken. v< I REPORT OP CAPT. HOOPER, DATED SEPTEMBER (?, 1892, 217 miles, I find the percentage of seals belonging to the difterent cate- gories taken in tlie ditt'ereut zones as follows : lO-niile zone IVrii'iiluge. 20-iiiili' /.iiiir I'rrcrlitlim' . 80-tiiil>' zdiif I'crciiita};^. BOinile zdiii' I'rrct'iitajte. lOOinilc ZDiie. . . IVicciitago. 150liiiln ziilii'. .; I'prcentafjo ■ 200-iiiil« Zdiu'... Peretutago . Old males. 1 UJ Yomifj Niirgiiig Viidin [ ~ j^. males, tows. ia«g. i ••"•'■ 2 22J 1 10 1 1011 1 50 1 50 60} :) 21 3 33J 8 80 1 50 1 50 1 33i 8 57 3 33J 1 10 3 21 9 100 10 100 1 100 2 100 100 ioo ioo m 'i.' Barren cows are omitted from tlie table, none having no barren cow« been fonnd in licriiig Sea. fo\iin\. Owing to th»^ shortness of the ])eriod during which tlie investigations Lave been in inogress and to an unfavorable condition of the weather daring the latter i)art of it, strong winds i)rcvailing nearly ;'l! <^^»*' tlio time, only a limited number of seals were taken in S(tme of the zones. It is interesting to note that more than 50 ])er cent of all seals taken were nursing cows, and that a large ])er- j,,?,'',!','!";,*"*-'®''^'"'"" centage (57 per cent) of nursing cows were taken ill the 20()-mile zone. The distribution of seals in Bering Sea during the sum- mer ai)i)ears to be deiiendent upon the food siijiply, as furnislied by Jic surface squids, and while seals are hJu^ ''^"'""'"" °' tound at certain lociiifies i;' greater abundance than at others, I do not believe tlieir i)re.>>oiice is constant, but varies from time to time, being controlled by the supply of tish. It will be seen from the tabuliii'-.l statement that in a majority of cases the food fonnd in the seal's stomach is codfish. Some of the seals taken by us. in the stomach of which *"|^""' '""•'"'i i" atom- codfish was found, were in sixteen hundred fathoms of water when taken, a de])th, of course, to which a seal could not go. I in A'r, therefore, that codfish, although a bottom fish, approaches the sur- face at times. Froiii my observations in Bering Sea at this time, ^, ... and \.> the PaciticOcean earlier in the seasc.n, I am con- '^"'"""°°<»- viived that the fur-seal de]>eiids ehietiy u]>on fishes taken near the sur- f M-; '/f the water and scpiid for food, notwithstanding the fact that liells .id small roeks are fretpienfly found in the seal's stomach. These thiii'-- ,vrefre(iuently found in the stomach of thecodlish, and if is likely til it tlay are taken into the seal's stomach while eating eodtisli. The s<' I. seen in Bering Sea at this time of the year, being chiefly nursing cows, ;i exfreuiely tame, sleep a great deal, and can be readily approached within V..(ioliiig distance and Nursing <<.w3 if 1 I 1 i....: 1 I. ..J 1 I....! 1 .... 1 i....' ] !.... 1 I.... 1 1 it S it Lout liy sinking. Stuniitcli. o Sliot . Siiot. Siiot Shot .i 1 I •I !:• •i !• .... (0 I 5 ! u W w s ^ s i 1-^ *■*■ ■ a \ Cati^piry. Conti'iitH. lioiiiarks. Took no Heula. VI 11>. skill, Took Jio simI. 5 ; 2 1 111.. Sliot w s w 1 ; 2 1 111.. Sliot Sliot . \v Ik s w ( 1 111; Ini.. Sliot. 1 , i ::::::'T':::::":;;;':::::;:::j:::... 1 1 1 ! i . ..i 1 1 1 t 2 1 . . , . ' 1 — j 1 From tills iliitf all xUin.i prepared for iiHiiiiitiii(. + i Codlisli 1 Uterus saved. + + 4- 4- Few pieces Hsli . I- 1 Cndtisli + W 1 2n].. Shot .. Old inalu. Fish -|- Few small stones Fish. . . No seals taken. It u .. Left Uualaska about 1 p. m. Uterus saved. F'^isli Fish ; Uterus saved. Signs of recent iniprog I nation. \ Took no seals. [11] [221, ;[7| I Arrived at Fnalaska; season's work tiuislied. L Light. M Mwlernte. R Rough. H TTeavy. "\V Awnke. S Asleep, iresent liiit a small percentage of those that were seen ami could have been taken. 1 he exigencies ot the investigations often forbade hunting, even when C. L. Hooper, Captain, U. -S. H. M. i^ 8TATI Date. I'uHitiun. July ■-•4 •js 'J<1 27 •JH ■J! I Wiiitl. Lat. LoiKj. Mi «■ N.. KW aX' \V SSW St. riiiil l»l. 111(1 '• .... .IIJJ i'lH' .\., ITil^ 5' \V I •' SI. (iciptnc 1(1., Ucriiig S(m ' SSW SI. I'liiil Island SxW .'■■7 Zi' S .. 17;)" 18' \V WSW . . . :<1\H .\.. I,T.3 tH' \V ' SSK Lilt. 57-7' \., 1,<). 1713 40' \v Soiitli.... Haniu 57° 0' N., 170° .50' W Aug. 1 I 57° 1' N., 17i« ;iO' W . 2 I 51I04;)' N., 1750 40' W 2 Siiiii(( Aiitf. Aiijj. N., 175° 5H' W nao 38' \V Aug, A ng. 8 U 10 10 10 10 10 Aug. 11 11 II II l-J 12 1:1 i;i 1:1 lu ID lit la 1:1 i:i 14 15 1« 17 18 19 20 21 21 21 21 Aug Same Suiue SaiiiB .'>«" 4.'i SlIIIK^ Siim(5 ... iSaiiit! ... Saiiin . . . 511° 29' X Samu Sams — Near .St. I'uiil iNlaiid. bd'iiggvd .■ili^ :U° ;)2' N ., 170° 10' \v Same Saiiii' Same Shiiu» 58° 58' N., 173044' W Same Same Same 58°35'N., 172° a' W SaiiK^ 570 32' .->7° 22' Same Same Same Same Same Same Same I laliioi I't ., St. (iedrge, SxE. J E. 8 miles 5 10 •.'0' N .. 1118° .10' \V 1,'iilM' Makimkiii S. J \V. 10 miles I'lmlaska .Same Same 5l.° »' X , lliflo W 57° 17 N.. 170° .")8' W Same Same Slime X., 170° 45' W , N., 170° 5' W .. All". 22 58° 35' X., 17.">° 42' \V 23 5«o 25' N.. 179° 3li' W 24 5.'io 20' N.. 17.')° 12' W j5 55° .IO' ' , 172° 23 \V 2« I 580 32' N.. 11*9° 45' \V 27 ! St. licoige Id 28 ,58° 5' X., I70O5I' W 20 58° r X., 170° 55 W 30 Uahioi I't. SK.. Otter I., W, 31 I 540 20' N., I6ii°49' W Calm . West . Calm . Went Calm . XXE. XE... W . . . . SSW . SW'lv Var... North NW .. SE.;.' SE. Var... NXW sw... k s. NNE WSW ....; XW Xertl'erlv. XW ...... We.sl ; SSW i SE'Jv ....I Westeilv .1 SSW ..:..: 2 2 3 1 1 U 2 U u 1 1 1 3 2 3 3 2 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 3 1 1-3 3 4-6 1-3 3-4 1 1 1 1 5-6 3 4 5-6 2 3 8 2 3 'epared lor It improg ■ on's work a oOvei-cnst. fThielt. /I NtirK.— It is mil intended Id indicate by this scliediile that theattertaining thereto, a tal)\ilated statement of ' ""^ ' seals taken, and a trans('rii)t of the seal log since the date of my last report. I am, very respectfully, your obedient servant, C. L. Hooper, Captain, U. IS. li. M. District of Colitmria, City of Washiu(iton,88: 0. L. Hooper, being duly sworn, deposes and says: 1 am the person who signed the foregoing document, and I know its contents to be true. The document is an exact transcript from a por- tion of the log, that is to say, the <»lHcial record «»f the voyage ()f the revenue steamer Corwin, excei)t that a i'ew clerical errors appearing in said log have been corrected aud a few abbreviations, such as NVV., SVV., etc., written out in full. C. L. Hooper, Captain, United States lierennc Marine. Subscribed and sworn to before me this 13tli day of December, 1S92" [seal.] Sevellon a. r.uowN, Ifotat'y I'ublic. If 'i tl [Inclogiire No. 2 in Capt. Hooper's report of September 6, 1892.] EXTRACT FROM THE SEAL LOG OF THE U. S. REVENUE STEAMER CORVVIN, FROM JULY 24 TO AUGUST 31, 18t)2.t Sunday, July 21. 4 to 8 a. m. — G: 45 observed one (1) medium-sized seal; 7, saw one (1) seal. — S. E. Magnire, 1st Lieut. 8 fl. m. to m. — !>:.'{0, 10: !."> and 11 :50 saw 1 seal each time; all sank before characteristics could be noted. — (J. E. Johnston, 3d liieut. M. to 1 p. in. — 12:15, 1 iMij); 12:30,2 medium size; 1:50, 1 medium size; all playing; sex unknown. — J. H. Quiinm, 2d Lieut. ******* 6 to 8 p.m. — Saw 2 seals (ai)i)arently yearlings) before making St. George Island. Near the rookeries, seals numerous of all sizes. — O. E. Johnston, 3d Lieut. Monday, July 25. *•**••• 4 to 8 a. m. — Saw few scattering seals 10 to 15 miles from St. Paul; lu'ar the island saw numerous seals of all kinds. — S. E. Maguire, 1st Lieut. 8 a. m. to midnight. — Vessel anchored at St. Paul lisland. *See Chart v in portfolio of iiinps and charts accompanying Counter-Case. t For the sake of brevity onnssiou ha.s been made of all eutries btatiuy that uo seals were seen. 220 OFFICIAL REPORTS. 1;'! Tuesday, July 26. M. to 8 a. m. — At anchor iit St. Paul Island. 8 a. m. to m. — Saw .'{ ycarliiiKH about live miles, and 3 tliroo-voar olds about S miles from tile islaiul of Sf. Paul (S. H. of it).— I).', I, Ains- wortli, -d Lieut. M. to I j).)n. — 1 and 1 : 10, saw 1 medium-sized seal; both di -appeared; Heals numerous near St. (ieor;;c. — (). I']. .loliiist(»ii, 3d Lieut. ■1 2). m, to m. — At anchor, St. (Jeorfic Islanil. Wcdiicsdoy, July 27, At anchor, St. George Lsland. Thursday, July 28. m * « * • • • 4 to 8 a. m. — 5:.'i0, saw 1 seal, lar(>, li seals; 7 :40, 3 seals; 7 :55, 4 seals. — S. E. Maftuire, 1st Lieut. 8 a. m. to m. — Saw but few seals. — J. H. (^>; inan, 2d Lieut. M. to 8 j). m. — At anchor, St. Taul; S p. m. to m. no seals seen except near St. I'aul Island. — I). .J. Ainsworth,LM Lieut. Friday, July 29. 4 to 8 a.m. — 4:.'U>, sawl seal, medium; (>:()(), saw 1 seal, small; 7:04, saw 2 seals, medium. — S. E. Ma;iiiire, 1st Lieut. 8 a, m. to m. — !):r)0, saw 1 medium sized seal. — D. J. Ainsworth, 2d liient. M. to 1 p. m. — 12:40, saw 1 medium-sized seal. — C. E. Johnston, 3d Lieut. 4 to a p. m. — 1:20, saw 1 small seal, jumpiufj; 5: 15 din{>y returned; did not yet a shot; saw only 2, 1 small, 1 larjic; both awake. 5: 4(>, saw 1 medium sized, Jumpiu}?. — J. II. (;}uinan, 2(1 Lieut. (I to 8 p. III. — Saw numerous seals of ditlerent sizes, jumping. — 1). J. Ainsworth, 2d Lieut. • • ' • « • • • Saturday, July 30. • ••*••• 8 a.m. to m, — Between 8 : 45 and : 15 saw 8 medium-sized seals. Saw another at 11:30. — C. E. Johnson, 3d Lieut. .1/. to ! p. ni. — 12:30, saw 3 seals asleep; 3:08, saw 1 big seal asleep; 3:30, saw 1 big seal asleep; 4, saw 1 big seal asleep. — J. H. Quinan, 2d Lieut. '/ to dp. m. — 1:05, saw I seal asleej); 4:40, saw 1 seal aslecj); 5:00, saw 1 seal Jumping; 5:40, saw 3 seals jumping; all medium size.— D. J. Ainsworth, 2d Lieut. 6' to 8 p. III. — o'clock, saw 2 medium-sized seals; 7, saw another. — C. E. Johnston, 3d Lieut. • •••••• REPOUT OF CAI'T. IIOOPKI,', DATKD SKI' rKMISKll fi, 1892. 221 Sundai/, JuUj 31, ]S93. M. to I n, >«. — 3:. 'JO, saw 1 incdiuin sized seal and 3:1") aiiotlicr; both juiiii'iiiK. — !>• •'• Aiiiswoitli, I'd liinit. / tos a. in. — 4: 10, saw 3 seals; I t<» I: l/i, saw about 10 st-als; 4:20, stopped ship; I:. 10, sent out sealiii;;' boat (AO miles west of St. Paul); r»: 1(>, saw 3 seals; 5: 30, saw 2 seals; (i: lo.saw I seal ; 0: 30, saw L'seals; 7:00, saw 2 seals; 7:ir», saw 1 seal. Apparently of all sizes; none aslee]). — S, E. Ma^iuire, 1st Lieut. S II. m. to M. — NunieiouH seals of all sizes, asleep and awake, ob- seived. — fl. II. (4)uinaii, 2d liieut. M. to I p. >n. — 12:40, shot and secured two (2) seals, 1 male and 1 female, both 3 yoars (tid; 1 : 10 lired at and missed medium-sized seal, 1:1.1 saw 1 seal; 1:2."», saw! seal; 1 :.?.") to 2:00, saw 7 seals (1 laiji'o and medium). 2:ir>, saw3 small seals; 2:40 saw two small seals; 3:40 to 4:00, saw H seals, di fVe rent sizes, Junii)inf''. — 1). -I. Ainswortli, 2d Lieut. 4 to (1 p. VI. — Saw numerous seals of various sizes. 4 :40, shot and killed one younji' male, about 2 years old; w(»unde(l two more that eseai)ed. — C 10. Johnston, 3d Lieut, (J to ti p. m. — Numerous seals observed. — J. Il.Ciuinan, 2d Liout. • • * * * • • Mondmj, Avg, 1. M. to ■/. — Saw 3 medium sized seals playing in vieinity of vessel. — C E. Johnston, 3d Lieut. 4 to s a.m. — Counted 10 seals in sij^ht during the watch; vaiioua sizes; none asleep. — S. E. ^Magnire, 1st Lieut. .s (I. m. to m. — 10:00 saw one seal, small; 10:25 saw 3 seal, small; 11 : 00, saw 4 seals, medium ; 11 : 40, saw 1 seal, medium. All these seals were jumping. — 1). J. Ainswortli, 2d Lieut. M. to 4 p. m. — 1:00, saw 1 medium-sized, playing. — C E. Johnston, 3d Lieut. / to 6 p. m. — 4:4.1, saw 1 medium-sized seal, jumping. — J. JI. (^uinan, 2d Lieut. I) to ]>eare(I to he small pups. r»:l.">, saw about a doz. seals of various sizes jumpinj;' and swimming about. r»:L'0, saw 1 seal sle(>pin;; atid .'t juiupin;;, Tf.'M) to 7, saw Hi seals, 5 of tliem asle«'p. 7 to S. saw numerous seals of jill sizes. — S. 10. Majiuire, 1st Lieut. N (t. HI. (o M. — First part ()f wateli saw iinnH'rous seals of all kinds junipiny' and pia.viii}^ and oecasionall.v one asleep. Last part of wateli seals less i)!eiitiful and none were asleep. Sealin;;- boats brou;,'lit in two <'owsand »Mie youn^f male. — .1. 11. <4)uinan, I'd Lieut. M. fit I p. m. — 1, saw one medium sized seal. l:I"», saw 1 medium- sized seal, lloth awake. — I). J. Ainswortli, -d Lieut. • **•••• II to s p. m. — Saw I seals, U nu>dium and 2 pups, jumping. — J. IT. Quinan, 2d Lieut. • •••••• ,;<**■' ' m Til Ursula If, Aiifi. I. Miilniijht to fa, in. — 3:50, saw 2 medium sized and 1 small .seals jump- in;; out of water. — C. 10. .lolinston, .5(1 Lieut. / to s II. 1)1. — Saw IS seals of all sizes diving and jumping; none asleep. — S. 10. Maguiie, 1st Lieut. N ing. — 1). .1. Ainswortli, L'd Lieut. .1/. to I p. III. — Xo change in position. Saw 2 large, 2 medium, and one small seals, playing. — O. 10. .lolinston, .{d Lieut. / to li p. III. — Saw a great many seals of all sizes playing. — J. II. Qui nan, 2d Lieut. /; to s p. III. — Saw 11 seals of different sizes, jumping. — D. J. Ains- wortli, 2d Lieut. • •••••• !(i; I ■ Fi'ldaif, Aiifl. 5. Midnight to i a. m. — Observed 2 large seals jilaying. — J. FI. Quinan, 2.1 Lieut. / to S a. m. — Near St. Paul Island. Saw numerous seals of all sizes, probably 100.— S. E. Maguire, 1st Lieut. cS' (I. in. to ][. — Saw no seals outside the immediate vicinity of St. Paul Island. — C 10. .lolinston, .'»d Lieut. .1/. to i p. m. — Saw 4 seals different sizes, playing. — -J. II. (Juinan, 2d Lieut. / to 6 p. m. — 1:40, saw one medium-sized seal; 5, saw one small seal; both jumping. — 1). .1. Ainswortli, 2d Lieut. U to 8 p. m. — Saw one sleeper at 7 p. m. — 0. E. Johnston, 3d Lieut. Saturday, August 6. H 4 to 8 a. m. — At 5:00, saw 2 seals; 6:15, 1 seal in a kelp patch; 7:00, I seal; all medium size. — S. B. Maguire, 1st Lieut. • • • • • • • IF.rORT OF CAl'T. HOOI'KIJ, DATHl) SKI' IKMUKU 0, 1893. 223 Auquxt 7 to 9. • • • At Uiialasliii, Alaska. • • • Tucsihiif, Aii>jUHt !), M to I p. m. — 1 :.'{(>, saw '2 larjjji^ seals asleep. .'?:()."», siiw I small seal aslee|t. .'{:.■»*), 1 small snil iisleep. — 1>. ,1, Aiiiswortli, Lid Lieiif. / to ti fhiii. — "»:.'{(», saw 1 metliiim ami 1 lai'iic se;il asleep. »1:(K>, L* larj;(i sleepers. — (.'. K. .I(»liiistoii, .id Lieut. li to s p, ni. — <•:().■», saw 1 medium sized seal on hiiiu'li of kelp. (»:L'(», ',\ sleepers. «!:.")(», L' sleepers, t 1 small seal, i»layin}i'. 7:.">(>, cme U year old, [dayiuj^. 7:1*), one 2ycar old, playinj,'. — .1. II. <^>ninan, L'd Lieut. • •••••• Wcdnisdiiif, A ug. 10. • •*•••• ./ to S a. m. — Saw (J small seals, 5 medium, and 2 lar^^e ones; some playing', others sleepinj^; or traveling;. — S. 1^ May:-Mre. 1st Lieut. s a, HI. to M. — S:l."), saw 1 nu'dium sized seal swiinmin<;; S:.'i(l, saw 1 medium-sized seal swimming; f<::]r>, saw .'5 medium sized seals sleejiin}!;; S:IO, saw I medium-sized seal slee|tinji; Id: 10. saw .'» medium sized seals swimmiufj. Two boats sent out; returned with '> medium sized e(»ws. — J). .1. Ainsworth, I'd I.i( ut. .1/. to i p. »i. — Saw .'{ m«'dium, 'J small, and one larj^e seals, jumpiufj. Near St. I'aul island, seals nuuu'rous. — C. ]•]. -lolinston, .'?d Lieut. ■} to dp. m. — Seals nunu'rous. — ,L IL (i)uiuan, I'd Lieut. a toS p. m, — fl :.')(), about (ive unlestVom St. Paul, saw ."> seals, one larfje, .'^medium, one suudlidisportiu",'; 7:l'>,.saw.j ol'dillerent sizesjumping. — 1). J. Ainsworth, 2d Lieut. • •••••• 'i\ At 1 1*1 Thursdny, August 11. ■/ toS a. m. — Sa w 4 medium, T) small, and one iarjife seals, alljumpingr. — S. K. Majiuire, 1st Lieut. Ha.m.to M. — Saw 8 medium-sized seals leaping out of water; seals seatteriug and wild. — C It). -lohnstcui. .5(1 liieut. ^f. to i p. »i. — Saw lo medium and one large seals. One tinning, 5 asleej), aiul rest.jumi)ing. — J. il. (^>uinan, 2d Lieut. •/ to (I p. m. — IJoats brought in 4 female seals. 4:25, saw 2 small seals jumping. 4:40, saw 2 nuMlium seals jumping. 4:45, saw 5 various seals jumping. 5:15, saw 3 large and 2 small seals, jumping. 5:45, saw 2 medium seals, playing. — 1). .1. Ainsworth. 2d Lieut. 6" to S p. m. — From (» to 7, saw 7 medium, one huge, and one small seals, playing. Saw none last hour. — C. E. Johnston, iid Lieut. • • w • • • • T?" 224 OFFICIAL REPORTS. Friilay, Aug. 13. 8 a. m. to M. — 11 :00, saw 2 medium-sized seals, Jumping. 10:20, one medium sized, playing. — J. H. Quinau, 2d Lieut. M to 4 p. m. — Saw one small and 15 medium sized seals, on« asleep and rest,jumi»ing or swimming about. — D. -F. Ainswortii, 2d Lieut. I t(t dp. in. — Saw one small and 2 large seals, Jumpinj'. Boats brought in one male and one female. — C E. .lolinston, 3d Lieut. G to 8 p. m. — 6:20, saw one medium, oiui large, and oiie small seal, ](laying and jumping. 0:5."), one large, playnig, two 2-year olds, leap- ing. 7 :.'iO,one medium, playing. 7 :i5, 2 medium, playing. — .L H.Quinan, 2 to S:45, (J nu'dium jumping. 8:58, one s]eei»er. Shot iiiul secured one seal at anchorage. — D. J. Ainsworth, 2d lieut. M. to 1 p. m. — Seals numerous about the vessel; all sizes. — C. E. Johnston, 3d lieut. / to I) p. m. — 4:20, Hunter returned witii (i female and one male seals, shot frotn 6 io 10 miles ott' X.E. Point. St. Paul. Numerous steals around vessel while at anchor; very few seen on nortii side of St. Paul while under way. — .1. IL (Juinan, 2d lieut. (I to 8:00 p. m. — Seals numerous — I). .1. Ainsworth, 2d lieut. 8 p. m. to midnight. — Seals numerous. At anchor, St. Patil Island. — 0. E. Johnston, 3d lieut. Sunday, Aw//. 14. Midniqhtto 4 a.m. — No seals playing around ship. — J. H. Quinan, 2d lieut". 4 to 8 a. m. — Seals numennis. — S. E. Magnire, 1st lieut. 8 a. m. to m. — St. Paul to St. (Jeorgf. Saw no seals outside of imme- diate vicinity of island. — C. E. .lohnstoii. M lieut. ,1/. to i p. m. — Saw only a few seals and tiiase close to the island. — J. H. Quinan, 2d lieut. ■/ tod p. m. — Saw only few seals; none far from 'sland. — D. .1. Ains- worth, 2d lieut. Monday, Aug. 15. • • • * * • • 4 to 8 a. m. — Saw one sleeper and 2 medium sized seals awjike. — S. E. Maguire, 1st lieut. 8 a. m. to in. — Saw 5 medium, 4 large, and 9 small seals, mostly asleep. — J. H. Qaiuau, 2d lieut. REPORT OF CAPT. HOOPER, DATED SEPTEMBER 6, 1892. 225 Jl/. to i p. m. — 2:10, saw one small seal jumping. — D. J. Ainsworth, 2(1 lieut. « * • • • * • S p. m. to midnight. — No seals seen. — D. J. Aiuswortk, 2d lieut. Tuesday, Aug. 16. • *•**• • Merid. to 4 p. m. — No seals seen. Arrived at rjnalaska, Alaska. Itespecitt'ully sulmiif ted. 0. L. llooPEU, Captain, U. IS. R. M Commander If. I). Evans, U. a. S. Yorlxtnicn, Commanding U. IS. Nacal Forces in Bering iSea, lite II TRANSCRIPT FROM SEAL I,OG OF I'liF U. S. RKVEXFE STEAMER CORWIN FROM AU(ilJ6T lt>. TO yEPTEMHKll 1, lSU:i. August 17th to 10th. At Uualaska, Alaska. August 19th. Got under way at 2 :10 p. m. August 20th, Mid. to 4 a. m. 4 to 8 a.m. — 7:30, saw two smnll seals, apparently yearlings, jump- ing. — 0. E. JohuNOti. ird lieut. 8 a, ni. to mid. — S :'MK saw one small seal. 9 :;{0, saw one seal, medium size. 9:55, saw one seal, large; 11:.<0, saw one medium-sized seal. — S. E. Maguire, 1st It. Merid. to 4 p. m. — :i:45, vrlthiii ten miles of St. (leorge Island saw one medium sized seal Jumping. — J. II. Quinan, 2nd It. C) to 8 p. m. — Numerous seals about the vessel. — S. E. Maguire, 1st It. 8 p. m.to m'd. — At juichor oil" villnge St. (leorge. Numerous seals heard playing about the vessel. — J. II, (Jjuinan, 2d It. Aug. 31st. At anchor, St. George. Merid. to 4 a. m. — Seals numerous; at anehor. — C. E. Johnson, 3rd It. 4 to 8 a. m. — Seals scarce between the islands; saw twomedium-sizt'd at 0.30.— S. E. Miiguire, 1st It. 8 a. m. to Merid. — Onlv a few seals seen in water, and those in vicin- ity of St. Paul.— ,1. H. Quimin, 2nd It. Merid. to 4 p. in. — Seals scarce, mediiun sized and small; senc out 123G4 15 i ■ w3 i 1 1 ti ''I 226 OFFICIAL REPORTS. boats at 2 p. m.; numerous seals from 12:45 to 1:30; all awake. — 0. E. Johnson, 3rd It. 4 to dp. m. — Saw 10 modiuni, 5 small, and 2 large seaL>^ jumping; at 5, boats returned with 4 seals, 3 nursing cows and 1 virgin cow. — fcj. E. Maguire, 1st It. seals, one of which was a this year's pup, from 6 to 8 p. m. — J. 11. Quiiian, I'd Lt. .s a. m. to Merid. — Seals ijfencjrally siiarce. Saw 4 small, 5 ni i Id., 4 to 8 a. m. — 4:50, saw one yeiirling. 7.00. saw one nn^dium. 7:.30, saw two medium sized, resting on bunch of kelp; 7:5(>, another me diuni. — J. 11. (Quinan, 2nd Lt. 8 a. m. to merid. — At 8.00 saw one medium seal, quickly disap- peared. — 0. E. Johnson, 3rd Lt. • •••••* 4 : 1 ill I I' lii "1 1 228 OFFICIAL REPORTS. Report of Captain Hooper, dated November 21, 1893. Revenue Marine Steamer Corwin, Port of San Franciseo, Cal., Nov. iiJ, 1892, Hon. John W. Foster, Secret ary of State, Wanhiugton, D. C: Sir: I have the honor to submit the following statement of infor- maticm gained during a cruise in tlie vicinity of the Aleutian Island Pivsses in October and November of this year, made in obedience to telegraphic orders from the honorable the Secretary of the Treasury, dated September 7th and received by me at Sitka, September 17th, directing me to leave Sitka as soon as possible after ions. ^j^^ reccii)t of the orders and go direct to Unalaska; from that port to visit all the passes of the Aleutian Chain to the east- ward of and including Four Mountain Pass; t(» observe through which passes the seals were entering the Pacific Ocean, and the pjiss oi ptasses through wiiich the greatest number appear to nn'grate; to note as far as possible tlie passes particularly frequented byi)up seals and adults, respectively, provided such distribution appeared to exist; to collect affidavits from the natives near the passesas to tlie usual time the seals pass southward thrtmgh tlie Aleutian Chain, with any details as to classes of seals; to cruise along the Aleutian Islands until the main body of the seals appear to have entered the Pacitic — if not later than November 1, then to touch at Unalaska sending all infoimation col- kM'ted to the honorable the Secretary of State, retaining duplicate co])ie8 for later transmission; to proceed thence to the southward of the Aleu- tian Chain to obtain information as to the position of the seal herd, its direction of cravel, and whether traveling in herds or singly, and to rea(!h Port Townsend or Sau Francisco not later than November .'{0th, and to forward rei)ort of observations to the State Deiiartraent, the object of tiic investigation being to ascertain more accurately than be- fore known the movements of the seal herd after leaving the Pribilof Islands and before it appears ott" the coasts of California and Oregon. In obedience to these orders I left Sitka with my command on Sep- tember 25th and arrived at Unalaska on October 2nd. I engaged the services of Peter Shaisnakolf, an intelligent yimng native of Unalaska, who speaks English, Kussian, and Aleute, appointed him and swore him in as a United States interpretei-. This man was interpreter to the British Commission last year; he was also interpreter on board the steamer Albatross on her cruise to the Connnander Islands during the I)resent season. I then proceeh' of all of them. The number taken represents a majority of all the hunters residing at the i)la('es named. Care was observed in taking affidavits to ascer- tain as nearly as iiossiblc the exact meaning of the answer given by the natives by putting tiie (piestion in difl'ercnt forms, by frequently referring them to the chart, etc. In answering (jucstions in relation to the way seals travel, whether singly or in bands, the number in the bands, etc., I required them to illustrate the number by holding up the fingers. In the matter of dates I invariably asked whether affiant reckoned time according to the old style or new style. Under IJussian rule they learned to reckon time according to old style, and almost without exception they still adhere to the old style, and nearly all answers were given accordingly, but all dates have been reduced to new style in the affidavits by adding twelve days to the dates given. This change was made when the attidavit was taken with the kn(»wledgc and concur- rence of the native. Many of them understand fully tln^ ditlercnce between old style and new style, and to those who did not it was ex- plained. At all times while cruising in the vicinity of the passes a careful lookout was kept. In addition to the officer of the deck, who was on the weather side of the bridge, one of the seal-hunteis was sta- tioned on the lee side of the bridge and a quaitermaster and seaman on the weather and lee side resjiectively of the toi> deck house. No opportunity was omitted to get the facts. The information given by the native hunters in most cases was given cheerfully and I believe honestly. I regard the statements contained in the affidavits submit- ted as worthy of full credence. The native hunters divide the seals into six classes, as follows: Sekatch, old bull; i)olu-sekatcli, half- grown bull; holostyak, young male; matkah, breeding cow; molo- .Native dasnifle*- aya-matkah, young cow; koteek, ])U]). As a result of n»y investigations I find that the fur-seals when leav- ing liering Sea in the fall go through Four Mountain Pass, Umnak Pass, Akutaii Pass, Uniniak Pass, and False Pass, by far the greatest number (luobably a majority of ail the herd) going through Uniuiak Pass, which being wider than the others is less subject to strong currents, tide rii)s. etc., than the narrower i»asses. It coincides most nearly with the line of travel of the migratory herd of cows, young males, and pups, which go to the coasts of California. Oregon, Washington, etc., as well as that of the large nuiiiber of males which remain in Ala^^kan vraters during the winter. It is also the most available pass for the use of all classes of seals, on acc/vr/«'« hunters from the herd encountered off the Mt. Fairweather region, the pelts of which weighed sixty-one and sixty five pounds, respectively. Individuals of the rolu-sekatch are sometimes found with the migra- ting herd of cows, young males, and pups, but by far wintfir movenients the greater part of tliem. as well as manv of the larger llolostyak remain m Bering Sea or in the waters off the coast of Alaska all winter. They are seen duriihg the winter by the natives of Belkoisky, Unga, and Sand Point, when out sea-otter hunting, and are both seen and taken by the Sannak natives thnmgh- (Uit the winter. Many Holostyak and Polu-sekatch remain upon the Pribilof Islands until the ice conies down and drives the fish away, when they must search for other feeding grounds. As I have stated in a former report to the honorable the Secretary of. the Treasury, I landed upon St. I'aul Island about the 24th of January, 1880, and was informed that a ''/al^o" had been made the day previous and a large numb(!r of holostyak (about er 20th two were seen, an adult ami a i>up in the Ber- ing Sea near Uniniak Pass. They had apparently no intention of goinj; out at once as they were playing and were in reality swimming away ''^i REPORT OF CAPT. HOOPER, DATED NOVEMBER '21, 1892. 231 from the i)a8s when seen. On October 22n(l two more seals were seen as before, an adult and a pup in the South end of False Pass, coninionly called Morzhovoi Straits, just entering the Pacific. On the same day some hours lat.i* a single adult seal was seen near Amagat Island a few miles east of False Pass. It had dc.-ubtless come through the Pass. On November 3rd while cruising in the vicinity of F(mr Mountain and Uninuik passes, under favorable conditions, a northwest wind and mcKlerate sea, a few seals were observed; in each case only single individuals were seen and these seemed to be equally divided between adults, yeaj'lings, and pups. No seals were taken by the native hunters at Kashega. Makushin, or Akutan this year during October. The first taken at Makushin was on November Jird, a yearling male. Tlie Cher- nofski natives, who hunt in the bays adjacent to Umnak Pass, took their first seal this year, a pup, on October 28th. The first seal seen in Unalaska Bay this year was on October 21st, and but five had been seen in the bay up to the end of October. A record kept at Unalaska for the past twelve years shows the average date of the tirst ai)pearance of seals in the bay to be October 24th, and the average date of the last ai>i)earance to be January 1st, the earliest and latest dates, respectively, being October 18th and January 4th. During strong gales the pups come into the bays in the vicinity of the passes for temjjorary shelter. This fact d, they being Ave months an from the coast of California to the Aleutian Island passes following;' tlie coast line which increases the distance about one third — it is evident tiiat the seal herd after leavin}!; the passes makes its way to t'lio ' oast of the Pacific States witliout unnecessary delay. Tiiepart of the herd wliicii lirst goes out through the passes takes a more south- erly rrMoi.h''nt'i" tious last spriiig, and as I liave already reported, coin- witiucrtiiinciiiHiiegdi eidcs wiMi tlic arrival of smelts, lierring, and eulaciion, "'*''' which each spring come into tlie rivers in large num- bers to si)awn. If the fish come into the rivers unusually early the seals api)ear off the coast correspondingly early; if the fish are late the seals are also late. That the seals nmst find fishing banks on the route does not follow: the supidy of surface fishes, 8(piid, etc., api>ears to be ample for their wants. Both in Bering Sea and the Pacific Ocean dur- ing our summer investigation we found herds of seals with their stom- achs well filled in nearly two thousand fathoms of water. In relation to the way seals travel, whethei' s' v or in bands, the natives all agree that they travel singly or in small bands never exceeding live or six and generally by twos and threes. One intelligent native, in answer to the question, said : "Seals travel like people, sometimes one goes alone and sometimes with another." Systematic observations of the movenients of the seals in the Pacific Ocean, near the passes, at this season of the year is Ousorvalioii iioar . ', . ,, .,' .' ,. , lii-i ^i paHsiw iiiipructicai.i.) impracticable. Almost constant gales and thick weath- in winter. ^,J. pievail. In the influence of the strong current through the passes the sea is very rough, and even were it possible for a vessel to remain there, few, if any, seals would be seen. Under such circumstances the seals travel very fast and remain under water except when forced to come to the surface to breathe, and then only the nose is protruded above the water for a moment. In bad weather on the sealing grounds in the Pacifii; and Bering Sea the seals disappear so entirely that the Indian seal hunters (erroneously) believe they go to the bottom and remain there until the weather becomes better. Having previously observed the seals over the entire route, and over a large portion of it many times, I am able to state Seals do not travel positively that ill 110 part of it do they travel in bands. ° *" * Leaving San Framnsco in March of the present year, I followed the seals along the coast northward to the Alaskan Gulf, making careful observations of their habits, etc. ; subsequently and while the seals were still moving towards the jtasses, 1 went several times over their track between the Alaskan Gulf and the passes. I spent in, Manner of travel- i; xi '^ REPORT OF CAPT. HOOPER, DATED NOVEMBER 21, 1892. 233 tbe month of August observing the seals in Bering Se.a, and in addi- tion tlie cruise just completed, covering October and a part of Novem- ber. As stated elsewhere, in making the passage from Puget Sound to Unalaska in Jsinuary, 1880, I passed entirely tiirough the seal herd then making its migration to the "coast." Mmio of traveling. I have cruised in Bering Sea seven seasons including the present, and have many times been along the coasts of California, Oregon, and Washington during tlu" months that tJie seals are present. I have at all times in Bering Sea, in the I'acillc Ocean, and in the Aleutian Island passes seen seiilstiaveling singly or in twos ana threes; frequently a young male, female, and pup are seen together, the oidy exception to this being when they haul out upon floating patches of kelp. In Bering Sea I have often seen a dozen or twenty seals upon one patch of drift kelp apparently resting. If disturbed, however, they spiing into the water and separate, entirely regardless of each other. From my own observations and what information I can gather from all sources, I believe tliat upon leaving the islands in the fall the seals are entirely independent of vavh other, each following its own inclination, and that the small groups of twos and threes sometimes seen are but tcmi>orary and more accidental than otherwise. The coast of the Pacific States is the destination of the herd after leaving the passes and a milder climate and the small fish that infest the rivers in the sju-ing the incentives. Destination of heni. The southern limit of the range of the; herd being de- termined by individual likes is reaclicart of the entire herd. Up to the time of reaching the coast the seals are very much scattered. After reaching the coast and while following it along to the northward the scattered seals close up somewhat and assume at times something the character of a herd or band. This, however, is but acci- dental. If disturbed they always scatter in all directions instead of moving oft' in one direction, as do walrus, sea-lion, porpoise and other animals that are known to travel in bands or schools. On November 10th the Corwin left the vicinity of the passes and shaped a course for San Francisco. No seals were seen on that day. On the following morning in lat. 51° 49' N. long. IGQo 20' W. one seal, appaiently a. yearling was seen, and on the morning of the 12th in lat. 50° 08' N.,' long. l,'50o 40' \V. what was believed to be a pup seal was seen — the only seals seen during the passage although a good lookout was kept at all times. I inclose herewith an affidavit covering the main points contained in tills statement. Very respectfully, your obedient servant, C. L. Hooper, Captain U. 8. B. M., ComePg. State of California, City and Countif of San Francisco, ss: On the twenty-second day of November in the year one thousand eight hundred and ninety two, before me, Alvan Flanders, a notary public in and for said city and county, residing therein, duly commis- sioned and sworn, personally ajtpeared C. L. llooi)er, <'aptain U. S. B. M. commanding, known to me to be the person described in, whose name is subscribed to, and who executed the within instrument, and he ac- knowledged to me that he executed the same. I it n ,8 .V H '■■ s ?1 234 OFFICIAL REPORTS. Ill witness w1»orci)f, I hiivc liorciiiito set my hand, and afRxed my of- ficial s(Mil iit iny ollict^ in the <'ityand connty ofSiin Francisco, the day and year iu tliis eeititicate tirst above written. (Seal) Alvan Flanhrrs, Notary Public in and for the City and County of San Francisco, State oj' CaliJ'urnia, < ,li I ' [■ REPORT OF CAPTAIN COULSOIIT. Orders to Captain Coulson. U. S. S. YoiiKTOWN, 3rd rate. Unalaska, July Id, 1893. Captain "Wash C. Coulson, U. S. R. M., ComdUj. U. S. Revenue Cutter Rnshi Sir: When you have tilled with coal and tiie vessel under yonr com- mand is in all respects ready for sea, you will i)roceed to tlie I'ribilof Islands, and having communicated with the Treasury Agent, you will run on radiating lines from these islands in order to obtain the infor- mation requested in the enclosed comnuinieation addiesscd to Captain Tanner of the LI. S. Fish Commission steamer AlhatroHS. You will run the first line directly east from St. Paul and contiiuie cm that lino iintil you are satisfied that you have passed the outer limit of the seal herd, when you will then steam north until the Island bears west by north, when you will head for it, and continue until you reach it. Con- tinue this work until you run out on a south course. V^ou will then reverse this operation and follow the compas.s around until you reach the Mest point. Continue cruising in this way until it is necessary for you to return to Unalaska for coal. Wiien recoaled resume this work and continue it until you receive further instructions, Y. •s t I I 8 § 00 t o 09 •ItBing •P9W •oSawi 1 1 s?' s o Me 3 . •3 & e • l2| ^ §*" k e c a "aSo. a o s •a 5 n tf' t i; ♦J 5 g t c s' et-n>->i-liHWlHl-lp4 5 1 I i is ■s ^ a CO I 2 :-2 • 00 ' o o ; o o ;HJd I eg 00 OJOp^M^MW^ I I I : , IJ ■jili 238 OFFICIAL REPORTS. 1 It i a a a o o "S" e o s .5 S = ts «"■ 3'" o fi :.i-Sc «- IS- ." -: = fe « c - ?i" •« ■ u*^ ■^J « 1 s >. O ills* 4, a 5 ^ •■= = Sa" 11^ £> S £ E3 eS £§•** = *: « « ^ 2 o 2 s I?! a •linnis ! - 3 s g 1 e •anr ^ 9 6 a gad 03 1^ a I rH ^ fH QOC^lO^iA MM eac*'^^ 04 ^M- »H fM 00 C4 lO •-< <0 «-•-« ^ ^ C4 0» e»««t* M&l^ ^ ?l ^ to • r^ in S lo < u) m :S : S M : 6 d d* la 00 IH « IH IH c« ^ : fe ^ ^ 'A' *-( rH f-i Q094ini-t MMM fei *^ ^ ^- ^ ^ S 2 2 "e T 3 r "a T CC 00 CO B a -5S 2x^ Mia. •2 aa 1-1 JB 2 Sir -ft. - ;- * w O ^ aS a a <* 6. lAiexopt mil »3 -5 a d I 5 4 llH: REPORT OF CAPT. C0UL80N INCLOSIRES. *r3 S HI & = •:; e - C lap «i |a aa iiii' - a 75 1 St^;:-! I I. _• r - 3 » ' S ■- -^ 4- " a ■ „ a •• *J X •«1 _a -:^i U' .s a'S >:r ; o ■- s T It £ ti $ M « *• ;; br..S .HiS SSI ^ •swa a 8 a >14 rsJZ 3 a'r.s O c8 "•a Hi 3.B, em - ■= 3 •3 9 « a ■s M ■a OB? o« — = 4^ S — ft£§ S « u ri . ^. u C 3 ~ at CO ^ ^ S ^, i:^ 1- =1^ §1 i< "= a 115 fey ■=.5 o a 3 0; X C o S S a o — :?-^ :: — - t- I — - IJ c r T M -3 a i! '^ s ? -13 3 tA„ ■73"' = =,.ig ; H .= ^ -a a lir n a 3 4 )-4 - a ^ m I, "1 ■^ i, 7. — " ; a 5 - = xJ£ i*|a ► .* -'■^ C? *? Mf r . ., - = ■= a: . w — -r T *= r "" -t * C — — a: J 3 ■* • — - - ? -A *i S « ti J t ■' • « ■ — b - - "" *^ t- 'i' — ^ « ^ - "z 2 — — a Si =?■= : - a «; e fl8 C OS a; — = " .. *T «•■'•'«,: i « I 2 = 239 = •3 - 3 = o = 3 ;-c t 5 « r rT C II ^f I ^ ■ >.rc -r ■ sstr r = 3 -^ f; « ;^ 75 fa - 3 •^ "3 c4Cime«^>Hnm • I ( t tCQ «eome»«>-' b5' • lO^eomN fHNNM «>'3^ fHdO«NC4 • «« -4 i-i fl la e4 w^04e-■ m e> tn ?: = a w * J; r = >5 oi e. 'H^om eDt>t« Mnair^cocici — r^>^ao^ ^S t a IS B 5 3? 1 •I" i- n 6 -J i s M "^ " M M o >5 J v^cieo*HFNM^4*^^H ^9it/)i-i^cir*^co »-rs • in ^ ■ « d' ' ' ' " d' OMClCICIMriSO • - U nciini-i>-JJ ! ; : •i - I- QC — . S — ? 1 *^ 71 m-* 00 a s E a s li p. ^ se o. JT e a t I I 240 OFFICIAL REPORTS. D .a a o 1 2? 50 ? "S" I e X «» a 60 S s 0(5 «3 t t ^ a I § 9 it :h. SbcS §'f«7 <«33 I « '. -s -= n ■ « ° o o. = S — a ^ 9 2 ■" .S '3 « c ** c- •• ■: »j o g 34J • = 3i=.si1S S o3 C.P-S " "11 "•a .■ o a J ? 2 t> *« a 9 - U (B «.r: 41 ^ u ^1 SI (O H « S I "OS I i2 5 .5 2 .- 1 8 2 3 it n ■¥ f e-i:; a 3 1^ CO 2 « B-W B ■ 9 I ^11 8 !s«'-'l :2 O.I 3 a H a IS ^'A ? 3 -;« "=® fc o ^* £ a 6h S a •IIBtns a •pore •8,A0K >-• C4»7« ^^f-i Noie^ a •JojiAV S jjy ^ in S a: = 6' 0*-4iH MdN •a :.c!b Uco 10 C4<^CI pHfHCDC^ »::::-:; S: « O 6 M : : : 6 ^fH r^ •^IfllAtf) m ^iHi-4 ^9194 'MrHCJ I 1^ 35' " ' ' PS d f«MNm: Ml iftinint •X y. a :a l>«mi4 a, I -Si-' "1 I I t p REPORT OF CAPT, COULSON — 1NCL0SURE5. 241 S'S— o f It «■= * 2 » ^-2 — •;; M i "■"• ce * t. ^ to ttj, _; e = " ■5 2^ = !5 a, I,'- ST • ^ f X a ® — -; ■3 rt - io£5 a - '■ c3 > -i! - it, S'j a a ■- "^Sttia . M - £2 O B « » = * ti = 3 o .•- a •?;•= t. r tM = - .r -r ^ f-i ••««H«fiC4 pH »-4 O ■<*< ^ •:.§ .S3. ,_ — ^ e a -3 a»r§ a^a a x.E— " s^ ^■3 f 2 r^" « ^- a a J a i' o v: «xi)('it, TJ. S. Fish Coniim'ssion, rortify that I exainiiK'd all the above seals, aiid the data is true and ('(urect. A. B. Alexanuku. I, J. K. TiPnnaii, seal hunter, certify that the above seals were killed by me at the time and i>l:ice meutiuued. J. E. Lennan. I certify that the within is a true copy of the statementof A. B. Alex- ander, and that the data is all curreet. Wash. 0. Coulson, Cajjtain (Jommanding Rush. Qxn SErxEuuEK, 1S92. ,i i )i 244 OFFICIAL REP0RT8. ' , 1 } 'U ■ (I MS l>h' n I ! I f I i If =1 X ,o .2 o r/-" "S -"^ -^ - E -■"' c- .. "- a :< o o a a £ o a •i>iv ll •aj.iiiinti •SiljUiiia A'n |Hi)[ H|it,>k^ I •uoinn ^oti 411(1 l)>>|iiiiti>,\^ X 00 ?) rH « « •a 2 o ■aiinMn JO (Iao[8y •p-HlJI *on c9 n S c9 ^ ^ *ij -(J s a o .a a a '4^ -W -M «■ 0002 j:i a Si A tn -Ji tr. -n •s.tto.) Sii[«,iiiji 'J.Hllllll>:.lllit()lU|IIQ ■Sui I -{noH jo}.H(|i!|!i!Ay : o o O e^ CO -« lA, o a o o •««s m xn m Ui = 3 H •o-jiijjns •*»iW ^ja e 3 S ■J9)dUI0I1)(I •aoinoajW ■OJJOJ h u J § • oe -id S ■ Das : ki o o M o 03 3 CO a a = s U be ^ ^^ 8 2 X CO •d -a s i M CO ■o SI s S S S 3 i I 000 » A A .0 Ph I £■=5 •3 I I;") I B -a Hi § ?. fe 8 i?i^ s^'fet^ss/;!*^^ >^'^>';'r S| • a a a ^ V' s '« « a .s> c !^ S ,« •« ^ -^ J ■«• c^ a s s U;.i hS ^'1 005 p^ 1-9 I CO y SJ £>< 4) U^ TJ »; a -d 03 in eP ^ OJ S «) tH W ^ &I ^H •FN > « CO o P4 I O ■M -2 t-i •I i I ftEPORT OF SPECIAL AGENT HENRY. 245 REPORT OF SPECIAL AGENT HENR7. Orders. Depautmknt of State, Wanldnyton, October i, 1893. A. .7. IIenuy, Esqiiiro, San Fnmvinco: Sir: You arc hereby appoinhMl a si)0('ial ajjont oftlie Department of State for tlie jmrpctseof inakiii;; an iiivesti^iution at Victoria, B. ('., and elsewhere, to obtain such test!- ^^pi"''"*"""*- nion.v as is pos8il>le, and to report iipia, leaving; San Fraiu-isco on the lOth of October, ist»2, and arriviiif,' at Victoria on the l.'Uh. I at once took ste|>s to tind out the disposition of the sealers towards tln^ Tnited States in the licriu": Sea contn»vei'sv. Asa result of my in- I'nipiin Riniii it vestifjations 1 found that jiublic sentiment was v«'iy s'lV.s.' bitter a;:ainst our(Jovernmei!t, that the citiz<'ns of tlie city of Victoria were in sympathy with tlu' sealers aiul that they were very cautious what they said in relation to sealinj;. The oo-ders Association of Victoria has amonj; its nuMubers some ])romiiK('nt citizens of the city and has a {jjicat deal of influence, and tlie residents seem to be afraid to incur wr\uT'Ii'\'!.:4tim"ilv'.''" the displeasure of the association. I at once saw that it wIe profits for tlic futurr, anast few years, Tlie lollowin}; is tlie snbstaiice of tliosc varions con- versations, iVoin notes made at tlie time when they were held, to{?ether with the names, oe('U|)ationM, and experiences of my informants, which notes are substantially correct transcripts of the conversations, all of which to(»U place in tlie city of Victoria between October 14th, 181)2, and November lOtli, 1S!>2. Captain D, Morrison, who was mate on the sealinfj schooner Willie Mv apiei-e'when new, and that it costs from ^T.OO to .*1().(M> per month for subsisten<'e per man. Cajitain Sieward, owner of the sealinfj schooners Dora ISicirard and Mtisvot, and who has had seven years' experience in (w of ih,ra .viv ti,e sealiii}? business, stated that his provision bill for a crew of twenty-tive men on the Dora Sinnird was $1.'J(M» for a cruise of seven montl)S, He furthei' stated that steam vessels for senliiifj purposes were very poor property nnd that not one in the fleet has ever jiaid exjienses since it was built. He also said that the Dora Sicirard is tM) tons register, that she is new and tlrst-class and cost *14,(MM» all e(iiiii)ped and outfitted for a season's cruise. Uegarding tlie coasting trade of sealing ves- >n)ii'tTi.i"*'' ''"''" "" '^^'^''' *l"'''"f? *^'"' nioiitlis of October, November, Decem- '"^" ' " ' "■ ber, and .January, Mr. Sieward said '* It wplies, etc, for an , ,. , Indian <'rew for one-half what it w» (Miual crew ot white men; that they had had both white (Caiit.siiward). r^^^^\ iinjijiii (jtcws on their vessels, and that an Indian crew was not over half the expense of a white crew. He also said that Fiidians furnished their own canoes and canoe outfits, Captain McLain, master of the sealing schooner Favorite, made me the following statements: 1 hiivc cinployi'd liotli wliite and Iiuliiin Jiunters; Indinim are now as cxjieimive as wliite hmitcrs; they want 4'vorytliiiitj and plenty of it. I'Mvc ''"-•"'"■ or six yoai's ajj;o I conld fci'd tlii'tn on molasses, rirc, or anytliin<;, and they wonld lie satislied. Then it did not cost innch'to feed them. They are always jmid by the skin and furnish their own canoes and spears. Formerly they tlid not nse the f;nn lint very little, preferring the spear; but now they nse the (> to tS.OO per month to the man. $2,000 will cover everything; for a crew of twenty-live men for an eijjlit minitliN' ernise. Captain IMuckney, master of the sealing schooner IFenrietta, stated to ine: Provisions for a ernise of seven to eijjht mnnthH for a crew of twenty-three to twenty-live men will cost about 11. (KM) to !l«l,S()(); this also includes Cost tif eciiiipiiu'iit. ammunition. Indians t'nrnisb their own canoes and are paid so much for each skin, but re<'cive no wa<;es. They are sometimes piveu iflO.OO eacli boiinly money to m'.t them to ;{o North. We n've them bread, rice, snjiar, and potatoes. The sealinjj season bejjins about March 1st and closes from August Ist to September 1st; j{e!ierally aim to get home by the lirst of Sep- tember. Cai)tain McDomvld, mate on the sealing schooner Favorite in 1892, stated : IndiaiiH nn Hivit IIH WllitCD ((Jiljlt So8t uf provisiouB. It does not cost over •tS.OO jier month per man for food, couHdeut $2.0U a week will feed u uiuu well. lam i REPORT OP SPECIAL AGENT HENRY. 247 . As to the niattn- of "coast tradinj;" (luriiifj tli<' months of October, NovctnhtM', December, and .laniiarv, 1 have conversed witli Captains McLain, Morrison, "I'inckney, Sieward, jjn'lura.u.!'' '™''' ""' McDonald, and several others, and tliey each and all said that ''there is nothing in it and it woidil not jtay to fit out for it," and cited me to the fact that if it wouhl pay there would be ]»lenty of the vessels engaged in it, instead of laying in the harbor here during those months. Carnie & Munsie, Captains (Irant, Sieward, and others in Victoria are engaged in or interested in the mercantile business and own scvi'ral schooners each, so that they are in the best possible position to engage in the "coast trade'' and make it protitable, if anyone c<)uld, and they would certaiidy do so if there was any i»rolit in it. As it is, not one of the sealing tleet goes int4> that business during the winter. The.e are at this time abcuit tifty-five ("m) sealing schooners in N'ictoiia harbor laying idle. This fact alone is conclusive evidence as to the i>rotitable- ness of the "coast trading business." William Turiwl^'sq., who is the proprietor of the Central Ship Yards at Victoria, and also owner of the sealing schooner ,. , , a !• m I i. i 1 i ii i 1 • • ■ 1 -ii !• Cost III ipnivwioiiM. /Saaje r«»7>e/, stated to me that his proviMon bill tor 23 men for an eight months' cruise was ^l.-'iOO, and abcuit $400 worth of the provisions were bro\ver to speed her fully 11 knots per hour, the contract price for such vessel being $10,000. iv I 1 1 t -^ ;. ( i M I 1 t 248 OFFICIAL REPORTS. u » The following statement in relation to insurance on sealing vessels was given me by It. I'. Ivitln't tSi do., agents of the Sun inHuriiiiii rail.'*. File iiinl Marine Insuranct; (Company, of 8an KrantJMeo, ami also for Lloyd's ageney at Victoria. The rate on sealing schooners and cargo is 7 per cent \)vv annum, 4 per cent guar- anteed, tiic jxilicy tob»^ canceled U4 hours after tiu' arrival of the vessel in port. For siiort rales tliey gave the following tignres: Kate for I months, 4 jter cent, or AtO ju'r .^l.OOO; rate for 7 months, ,\ of 7 pel cent. orijStO.S;} per !?1,0()U; rate on a vessel while lying in harbor, lA jua cent per annum. I hereto) appeuil a nuuuorandum hand<'d ]ue by one of said Urm in r<'lation to the insurance rates above referred to. which is marked Exhibit A. 1 was further informed by Robert Ward «& Co.. insurance agents of Victoria, that the rate on sealing schooners and their outtits is 7 per cent i)er annum, and the rate is the same on steam sciiooners as it is on saijiug vessels. The sealing schooner K. li. MnfMn having been advertised for sale by an auctioneer on November 7th, lS!>2,a<'opy of which advertisenu'nt I hereto append, nnirked Exhibit It, 1 made iutpiiries as t<» the cost of furnishing said schooner with steam auxiliary. I received from the Victcu'ia Machinery and Iron Works a written tender by . *.':"* '."'J';;-','," '''"' which thev otfered to finnish me an engine and boiler t»u' the schooner E. li. Marnn as lollows: "Lpright iMigi..e. 14x14, with Clyde boih'r, S4 im-hes diameter, IL'(» inches long, delivered at N'ictoria, for the sum of !?4,4(M>," which tender I hereto at- tat'li, marked Kxhibit C. They also sfat«'d to me that such an engine and boiler wonid be of sullicient power to drive the said schooner at a spi'cd (»f from 8 to 9 knots an hoiu'. The said auction sale of the schooner E. B. Mdrcin having been adjourned until the 1>th day of Novend)er, IS'.H', 1 at- //^wlm'i" ""''' "^ '^ tended such sale in the company of Captains Pinckney, Mc('lellan, Seiward, McLain, Smith, and McDonald. The price for which the said vessel was sohl was !?<»,800, all eomi)lete, with seven boats, ten Parker shotguns, one rille, and everything belong- ing to her excei>t the stores and |)rovisious. On the 3rd day of Novendu'i' 1 viewed the model of a sealing schooner which a Mr. Clin**, of Victoria, intends to build this Cost of Boi.ooner Winter. He stated tome that he alreadv had the lum- ber out n)r her, and the sealing boats, and that the size of the vessel would be as follows: (»l» feet keel; S;{feet over all; 20 feet beam and '.» feet hold, with a registi'ied tonnage of »»") tons. The cost ()f the schooner and six boats all ready for the rigging and sails would be ."?.■),(•(»(>, and the cost of the rigging and sails would be $l,o(M», making a total of .*(>,.">(M» for the vessel outtitted with iioats, .sails et<'., ready to receive her stoctk of provisions tor a cruise. Charles Powers, an old seal hunttu* who had had seven years' experi- ence, stated that the lay of hunters .'> or (» years ago wa.s .ii> luu w«go». ^^j^j^^ .f i..~)() por skin, and that the wages of boatmen and seamen were $.'50 per month. 1 had several conversations with Captains Morrison, Pinckney, !\rc- Lain, McClellan, Smith, and several others who are in the sealing busi- ne.ss, and who practically agreed on tlu^ foUowing facts: That the seals ... ,, „ , go as far south as the coast of Lower California, and that many ol the sealers start out in the latter part ot January or fore pju't of February, and go south until they meet tho . 1 n REPORT OP SPECIAL AGKNT HKNIO — KXIIIUITS. 249 scalfl, nnd hiiviii^ falltMi in witli tlit'tii, tbllow tlictn north into Hering St'ii. lieyardint' tlm proportion of Icniiil*^ seals in a ., , , , , ..a: ," .. ' • 1 • .1 • i- i ri'iimlcK In cat». catcMi, (lin«'rent partu's vaiu'd ui tlnMr «'stiinatt's. sonic placing; the pcrci-ntant' at about (»() per cent, wliile (»tliers placed it at To per cent of the whoh'. The niajorily of tiiern qnntc the hitter ilgnre as bein;? nearest to the prol>al)h' pcircenta^je. The rea sons they jjave me for tliere beiny a ;;reater number ""*'"' of fcnniles killed tiian males is tliat tiie females a re j;erierally heavy with youn^ and are not so active or lively as the males; cousciiueutly they are much easier to ca|>ture. The same jurtics also informed riu' that the British (iovernment, in the licriii;;' Sea controversv, would maintain that the luimber of femali > killed is no ^reatei' than the number of males killed, b' ' thev si.iiiil that su<'h a |)roi»osition did not accord with the facts. I herewith ajiitend to my repoit speciticatious for two sealing schoon- ers, one of .'{."» tons register and ti e other of so tona register, which I submitted to William Turpel. pn.|)ri- i.i.rj'lrSl'rrH'.'"'* etor of the Central Ship Yards, of \ ictoria, and also to II. It. Koot & Co., shipl>uildeis, of said city, marked exhil'its I) and K. I also append the written bids on said specilicatious that I received from the said VVilliam Turpel, marked Exhibit !•', and also the written bid thereon, which I received from II. II, I-'oot tS: < "o., niii' ked, Kxhibitd. Mr. Koot, of the last mentioned tirm. stated to nu> that the cost in carpentering work to fit such vess«*ls foi' auxiliaiy steam would be very small, and that he would make no extra charge for it should 1 decide (Ml putting in such steam auxiliary. I also append two written bids t'rom Victcuia lirms sh(»wing cost of furnishing such vessels with steam, J,!;;,'," f"' '"'•nmUmg nuirked Exhibits Hand I. All of which is respectfully submitted. A. J. ni:NUY, Special Agent IState Jhpartmcnt. ExiniUT A. InsurtDiec ratett on scalene. 7 per Pont per annum, \ per cent guaianteed, to be in- urance rsitcs. '•aiHU'lIed '-'4 hours alter arrival in jtort. For 4 mos. »>n .•'l.(MM> would be eipial to guarantee say, 4 per cent, or-*4(). For? nioa. oiii. ^^an'in. [Aiiction 1)11 !kt(miliiy, Nov. 7tli, at 11 a. m.— SimHiik m-liooner.] 1 have been instructed by the managing owner to sell by auction at niv salesroom. Fort ami LaMglev streets, the tini^ 8cho(mer /J. H. ,}farnn, 117 net and 'l2.{ gr(.ss tonnage, ^^xttrE.^irMaL°n. built in Kennebunk, Maine, (T. S. F "ame and plank- ing of white oak, copper fastened j her bottom was metaled last year. « m " i ( I I 250 OFFICIAL REP0UT8. Slio is w«'ll known on tli*' Atlnntic and Piicific; ocoans as holnjf tlie fast. <^st «»f tilt' llcfts iinil one of tlie brst si-a-f^oinK vrsscls on tlu' coast, Ix-in^ one of tlu' \'v\y of Mm- licet tli:it is well adapted to other pur- poses than scaling:, and is well worthy the coiitideiice ot' any seaman. The vessel will be snid with all h<'i' boats, j^nns. and ontllt now on board. Inspection oi c.\i»cits is invited. The inventory nniy be seen on a|)pli- catiuu tu — O. Byunes, Auctioneer. h 'I EximiiT O. Bid for enrjine and boiler for E. It. Marvin, ( Victoria ^racMniTv Iiipcil. Miidiiiic Sljojn ITiiiiil l!l Wurk St., KikK Itiiv. Aiiiiitu forTlii- .Tdlin Doty Kii;:ini' Cii.. iir I'lii'iiiilii: I'riilii'illiv liiiii lorx; Valvuliiii' iulia AutiKrictioii Mi'lul, vU;. I>. O. Il<>\ 'JUi. riilupliiiiii' I'all .^TO.! ViCTOlliA, B. C, iJnd Nov.f 1893, E. A. IIoLMAN, Esq., /'. (). Uor nnc: Dkau Sir: lielcrrin;'- t() your enquiry for engine and boiler to go into sclir. E. li. Marrin, we oiler to supply one 14" i>y . ?';'•' /"'■ '"1,«'V;' ""'' 1<»" npri;u'hten<,'ine, with " CIvde'' b()iler .S4" dia., 120" bailor tur h n.. Man III. ' T , l \r ■ ,. • i- ' i i a../. ' lon},^ delivered at Victoria lor f 4,400. Yours, truly, Spbatt & Gray. Exhibit D. Specifications of material and manner of building a schooner of 35 tons, II. IS. rcj/ister, meamirement. Model to be fine, as sjjced is desired. Internally arranpfed for a seal hunter. All cleats, cavels, and fitting's for spars shall be of oak, or other jjood hard wood. Timber not otherwise specified shall be of good Tufict Sound pine. Keel. — U)\'l'l" inclndin;; shoe. Stem, — Side 10" and mold 14" outsideof rabbet, and fastened with ',\\\" iron, ^7<;/•/(/J0.v^— 14x14", sided to (»" at top of keel, stern knee, fastened with 7S iron. Ih'ndieood. — Side 10" and mould of sutlicient heels of the cunts, fastened with .'{4 iron. Keelson. — 10x10", fastened with two 7s bolts to each frame driven from top of keelson to within two inches of bottom of keel. Frame. — Timbers, side (!" and mold 8" at keel and 5" at deck. Frames spaced li4" from center to center, fastened to keel with one 3-4 in. b(»It. Franu' fastening", ))ine treenail. Ceilinfj. — -'" thick from keelson to lower turn of bilj^c; thence to deck 3" thick, fastened with 4 and seven inch spikes. Clamps. — txlO", worked on to ceiling and fastened with two 3-4" bolts to each fiame. one driven from outside and clinched on clamp. J)eek beams. — 0x10", fastened t(» claini>s and frame with one 7-8 and one 3 4" bolt to each end of every bjamj hanging kueesuuder each end of the partner beams. Lock scarfed to keel Secured to keel witli depth to receive the REPORT (»F Hl'KCIAL ACJKNT IIKNHY — KXIIIIHTS. 251 Oiitniilf plunk: — (liiilxtiinl .'{", ntlicr L'A iiiclu's Hiick, fiistnied with foiiipositioii s|)ik«*s and {tiiK- tn't'iiailn, two .s|»iki-.s iind two trc«>iiail.H to (>a('li tVaiiK' and plank Itclow tlu- wator line, and locust treenails and \\y nd iit.iiii/ed s|iik*'s ahove the water line. Ihrl,; — ;{\.{", laid with ;,Main verfieal and fastened with A-Kix") in. spike, }ralvani/.ed. Ik'tiil. — .'t\7 inehes, fastened with one S" galvanized 8pik(! to each Htaiiehion. I'lank-HlHcr. — .'5 inehes tliiek, fasten«'d with onl»le ;;» aicd iron yipsy of proper si/.e. Vahiii. — i-lxtendin;; troni side to side at heiylit of rail and (ifteen feet fore and aft, with two len;;tlis of luitlis and pantry on each side, painted with t wocoats of wliite paint. Sto\(' tor heat in;;. Spurs. — Mowsprit. fore and niaininast. Maintoprnast. Two booniH, two ^aH's of ;>i)od material, and made with |)roper proportions. SiiUh. — .lih foresail and nniinsail, of No. .{ eott(»n diiek; staysail a Halftopsail of No. S. ixijUli)!;/. — Wire standing: riyyin;; of proper size and length. Stcvfhrj iji'tir. — Wheel and tiller, rojtes and blocks. Anchors. — One of 4."»n, one of .{."»(). and one of I'M pounds. Cliiiins. — to fathoms :\ [ in. and li> fathoms ."» .S in. chain; nno eoil 3.3 in. nianilla ro|ie for ked^e line. Cinilhinjf. — The vessel shall be well caulked and niade ti;;ht. I'uinf'ntfi. — There shall be two coats (tf yood copp«M' paint on the bottom and two eoat.s of whitelead paint elsewher«> that paint is re- tpiiied. Yowlbont. — There shall be a ll-'foot yawl boat and 4 oars. There shall beone spirit coin])ass, side aiichor.aiHl cabin lamps; knives, forks, and dishes foi' cabin. From the main hatch forward in the hold will be titled a i>lace for eookin;;' and lor the crew t(» sleep. Notwithstanding: omissions in the precediiifj spccilications, they are intended to cover tin* biiildiii;;and tMiuippiny for sea a schr. of .V» tons, with the exception of yalley fiiniitiire. N'autieal instruments not ineluded in the abo\e. Water casks and shii/s stores. ExiinuT E. Specifications for building a schooner of about 80 torn, U. 8. reyister measurement. Vessel is intended for a seal and otter hunter, and must be a good sailer. Itudder stock ami all littin;;s for si)ars shall be of oak (U- other yood hard wood. All not otherwise specified shall be ^ood I'uyet Sound pine. /wW.— 12x24", incliidiii;-- sIk.c. Stem. — Side 12" and mold \')" outside of iabl)et. Sternpost. — l(»xl(»", sided to 8" at top of keel. Secured to keel by stern knee and composition dovetailed plates and fasteiu'd with 7-8" iron. Deaihrnod. — Mold of snlhcient depth to receive the heels of the cants and l'a»teued with 7-8 iron. ir ■ ( I it n MM t \\ m ft If ,■ M! i '■ %. 1 .'l.' J Vn ii ■; 'i t I i ' !i ',!, .^ 252 OFFICIAL REPOHTS. Frame. — Tiinbors, side 8" ami mold 10" at k-t^\ and fi" at rhe deck; frames spaced liW IVoin center to <'«iirer aud taatrcA' heaiihs. -HxH)' . Partner Iteams 8xll"'. tawrened to (damps with two I in. bolts to each end of every beam. Partner and hatcdi beams U) have hanyin;;' knees. Ontsiile phtnk. — (larboard 4''. Other .V thick. fa,st'alvanized spikes 4x4". laid with jjrain vertical and fastened with -isd" ;calv. spikes. Rail, 4x10". liulirarhs. — 1 |x4", fastened with j^alv. nails Vahin. — Kxtendinjj trom side t^) sid«' at hei-rht of rail and fore and aft bO feet, hnished witli one stateroom and six open berths. Water- closet and i»aiitry and stove. r(), and one 200 lbs. Chiiins. — 45 fathoms nt i in. chain. \~> fathoms of J in. cliain. Spars — Free fr«mi i»a d brtmr TU»e water line and white lea^led above. rainiiii-, - in sbail itave 2 coat'Md" good (-(([nier paint. Else- where 2 itmm *rt wtiit+<4«Mi jmint. ■ rfintyawl boat and four oara, one sjiirit com- •abiii table, lamps mh\ dishes, a foghorn, vsMci will be fnlly equapoed and ready for ;.*Tialaaid in a workmaatike manner, except- ical instrumeutb aud ship's stores. F. ■) ton sehotner. There shall b*- i pass, side and ; i hand lead, and It is understo sea, construe iv« I ■< iiig galley fujuitiut onrr» II' Bidf»r iHiiiii Central Smp Yard, Virtorii, H. C. Nov. in. 1892. I do tagroo to build a thirty-five Tsrm sealing schooner, and furnish „, .. , model and all inateiial. She will be a fast sriler. Will Uiu tor acliouiur. , ^ ^ , ri ■ i i ii i- • i u i i «. > ■ be next to | Halcyon |. I will tiirnish hrst class stock and do the work U) the satisfaction of who may superintend the buildiiijj, REPORT OF SPECIAL AGENT HENRY EXHIBITS. 2r)3 Hid fcir Rclmonor. All will l)«»(loiie ill a«'<>or«lan<'«! witli flies|)ociMciition.s novon view, for the sum (»f live tin)usaii»l dolliirs. Tbis includes [ — i\ lining and .sternpoat for 8teum. if reiiuircd. Wm. Tuepel. Exhibit G. Bid for buihlini 80-ton and 3't-ton nchooner with auxiliary steam. [Privat..] WAKUKN'a Wharf, Victoria, li. C, Nov. 16, 1892. E. A. HOLMAN, Victoria: Dear Sir : With rofcronrp to your cnqniriiij; as to prices of HcliooiKTs, we have to say tliat we cinild siijipiy a schooiuT of eiyhty tons iiicasmriiu'iit, (iiiisluMl anil found as jter yL'r».(Ml), In botii cases we will j>iiaianteo a model which will j>ive satisfaction as to speed and seaworthiness. We would also mention that in case of your giving ua the order, we should be al)le to build under cover, which wouhl be of great advantage to tiie hull in winter. With regard to \nitting in auxiliary steam power, we are only pro- pared to submit approximat*' juices, as we have liad no time to get jtrices fr«uu manufacturers. We thini< ,,„!;;.Vr'^'* c""* "f st*""' an -S' X 10" engine would be about the si/e f(U' tlie larger vessel, and the cost of that, with an upright boiler, would probably be about )5!2,(K)(MM> extra. For the smaller one, a (>" x 8" engine, with upright boiler, wouhl be about *1,0(K».(M» extra. We might possibly reconsider the above prices on getting further details as to the construction, etc. Yours, etc., n. R. Foot & Co. [Mr. Foot states that the cost in the carpenter work to (it them for anx. steam would be ^ ir,;dl, and he wouid maU f; ifiin I' V ■ 254 OFFICIAL REI'OIITS. One 8"x8" mariiio eii},'iiu', witli ''Clydi;" boiU'r 48 iiicliea dlar., 72 iiu'lios \u\\\f^ lor $1,17"). One I0"xl(>" marine «'nj,'iiuMvitli "Clyde" boiler GO ins. dia., 78 inclics lontj, for !?1,8.">((; both delivered at Vietoria; or we will fiuaisU both lor $L',S(K» if ordered toj>ether. Til*' abov(^ prices iiu^hide the followinjjf artieles: lCnf;ine wit', link motion, feed-pnnii) or injei'tor, thread-bearing, wheel to thr >" oil" eentre, propeller shaft aueann<;, stern i>i|)e and stnlliny- box, thi(»tfle valve, lubricator, oil cups and ' (>" Bill for strain .iiKiiir dia.xS' h)ng, outside condenser, and L' blade propeller, .")' (»" diameter, for your SO ton schooner, for tlie sum of $3,100; and one engine "x 7' long outside condenser, indejjeMdent air pump, 2blade pro- l>eller,4' 0" diameter, for the ."{."i-toii schooner, for the sum of $2,2U0. These prices are for machinery set up in boats. Yours, truly, W. F. BUILON, Manager, State of California, City and County of San Francisco, sit.: A. J. flenry, being duly sworn, deposes and says: The foregoing re- port made and signed by nu^ is true in every particular. A. J. Henry. Subscribed and sworn to before me this lOth day of November, A. D, 1802. [L. s.] Clement Bennett, Notary Publio, \^ RErOUT>S U. 8. CONSUL MVEUS. 255 REPORTS OF U. S. CONSUL MYBRS. J)is2)atch N^o. 10(1 from Consul jIi/cis. CONSULATK <)1' TIIK UNITKD STATES, Victoria, B. C, Noirnihrr 10, 1S92. ITonora1>lc Wilmam F. Whakton, AsftiHttiHf Srcrrtdrj/ of Sttifi', WoNliiniifoii, />. <'.: S!K: I eiicloso witli fliis dispatcli Uvc special reports, |»iirt of wliieh I liiive been iiistiueted to niiike. 'Pliey iire entitled as Inllows: Oiti/.ensliip of ".loseph lloscowit/./' •• Indian Hunters." ''Indian Canoe Coaat CiiU-h," '* Kejjfistered Owners,'' '' V^aliie of a Sealing; Seliooner." Tlie llrst four named do not seem to call for comment or ex|iIanation. Their import and purpose are obvious. TIr'; lifth, relating;- t<> tlie sale of the selnMUier I'J. />'. M^n-rin, is sig- nitieant, as indicating; the casii \alni!i of a vessel (tf that description. In my enunu'ridion and valuation of schooners, April !.'!>. l.SDii, I placed her value at *!),")()(», which was decideilly above what she was actually worth, .*fl,.S(M>, as shown l»y her sale. Tiiis «'ouvinces jne that my esti- nuite at that time was ?niu'h too hiji'h throuf^hout ihe list, but I war.ted to be fair, and even liberal, with the sealers. With regard to the valua- tion of y<'h(M)/iers and their outfits by the sealers thentsehes, I think they 'ireat least twice as much, on an averay;e, as the facts would Justify. J aiu, eir, your obedient servant, IjEVI W. Myei{«, (Jonsul. [Enulusurvg iw Abiivo InilicatciM CITIZKNSIIIP OF JOSEPH BOSCOWITZ. Joseph TJoscowitz, for nniny years last past a resident of Victoria, liritisli Cobunbia, stated to me on October L'lth, ISiL', that he has been all these years, and is now, a citizen of the United States of America. Levi VV. Myeks, Consul. United States Const'late, ViitoriHf liritinh Columbia, November 7, 1893, INDIAN HUNTERS. There are eh'ven Indian reservati pcrHons in all, prolitrd or wort' in soiiu' way tie- peialent on the IJritiah C'ohmibia sealing fleet for a liveliliood. LliVl W. MVKKS, Constil. United States Consulate, Victoria, British Columbia, November 10, 1893. m\ \\ ^ \ H !;' \. i INDIAN CANOE COAST CATCH. Statistics as to tliis catch are nicafrre, no att<'in|>t having boon made by the N'ictoria custonis-onicors to collect them nntil a year or two ago. In 1S*.U the customs re])ortcd an Indian coast catch, or canoe catch, of 101 skins. Harry (iinillod, the Dominion Indian agent for the west <-oast of Vanconvi'r Island, in his rejHirt for the same period, esti- niates the canoe catch at l,r»(H) skins. The agent's estinmte is probably the nearesi c<»rrect, for the reason that the skins are bronght to Vi('- toria in small lots, some which wonld be (jverlooked by tin* cnstoins anthorities. The canoe cat<'h for 1)SJ)2 is placed by the ciLstonis oflicers at l/ii)i) skins. It is safe to cstinnite the annual canoe catch on the V'jicouver Island coast at l,(KK>to l,r)(M» skins, and no doubt it was «r"ater in former years, owing to the greater Jinmber of seals and the ease with which they were approached. Levi W, Myers, Consul. United Stati;s (^onst^late, Victoria, British Colnmbia^ November 10, 1892, il I m. UEGISTHRED OWNERS. Tlie follo\\ing are tlie names of the registered owners of sealing schooners, as slntwn by the oHicial re<'()rds of the custoin-honse of this jiort. clearing fic»in Vicl(»ria. British ('olnml)i>i, and which were seized i>y I'nitcd States Kevenue vessels in ISS(» and snbse(|nent yt'ars in Hering Sea, chur;4<'d with illegal seal iatching. Carokna. — William Munsic, sole owner for the years 1886, 1887, and 1889. Anna Ihrk. — Thomas Henry (.'uo])or. sole owner for the year 188(}, 1887, and 1889. Thornton. — .lanies IKniglas Warren, sole owner for the years 188(5, 1887, and 1S81». (hnrant. — Daniel McLean, .'^L* shares; (Jharles Spring, .'J2 shares, for the vcars 188(1, 1887, and 188!>. 11*. J\ Sni/irartl. — Thomas Menry Coo]ter, ,1L' shares, and Andrew Laing, -\2 shares, in 18.S(t; .Iran Ann Scott and Isaboll Scott, Joint owners of '.VJ shares, and Thomas Henry Cooper owner of the renudn- ing '>V2 shares, in 18.S!». (Iraee. — Thomas Henry (_!ooper, sole owner for the years 18.S6, 1887, and 188l». Dolphin. — Thoums Ilenry Cooper, sole owner for tUo years 1880, 1887, and 1889. REPORTS U. 8. CONSUL MYERS 257 Ada. — riiristoi)ln'r Lr*', '. Mnrrin was sold at public auction at this l)ort November 1>, ISUl'. The prire paid, including one suit of sails, six se.ilin^boats, seven shotj-uns, and one brass si^nal^^un, and one cliroiu)nieter, was .<*(». S(K», Tlu' Miin in is one .n the l.irritisli lla;; at N'ictoria, Deccmbv'r 18, ISSS, and is the only vessel of ilic ileet IVom tlie east«'rn coast built of oaU. She was lonncrly <'alled the Mollir Atlniiin. Siie is in p>od con- dition, iiavinji" been newly coppered last winier or sprinjj, at a cost of !?y,L'(»(), in<'ludiny other repairs. She was bid in by i{. Seabrook of this city. This sale and the price paid is an imjiortant in<1ic'ition of the value of sealiu}; schooner |»roperty in this jtoit. She is the hnjicst excejit one(tlie .sVf//(/»( )ol' the sail! ny tleet; iscijiht years old. in ^ I repair, and included in tlie sale was I he outlit of ecpiipnients above enumerated. Levi \\ . Mvkks. Conxul. United States Consut-ate, Victoria, British Columbia, Xovcmbcr 10, 189:^ ! I l)ia. in cases, wherein the litij;ants wci*' ,1. I). Warren anti .losepii Hoscowit/, of Victoria. I». ('., ami which extracts set forth the business relations of these |»arties for a number of yeais, includiiij; IMSo. lSS(i. and ISST. and the interest .I(»seph Hoscowit/, an American eiti/i'u. had in tlu> sealiiif; scliumiers seized l»y rnit<'d States \ %\\\ 258 OFFICIAL REPORTS. of Aminniiifion ;" "Division of the St'til-skin ('atrlies by British Colam* bia Sealers;" and the "Document of Extracts from Kvidence."* I am, sir, your obedient Hervunt, Levi W. Myers, (jomul. (InclofiiirM nn nbovo indiritted.] EEOISTEllKI) TONNAGE RECORD. The registered tonnaj^e of the sealin}? scliooners named in the h"st found below is as follows, acTordlng to the register oi' said vessels in the custom-house at Victoria, British Columbia: Name. Anna Dock (lurdrnu Tlioniton Onward \V. 1'. Saywiird (ira4t> (Mti'aniiT) . . Ddlpliin (Htt'anuT) Ada Alfhul Adams Hcj-lHtt'icd touiiage. 40.^8 ;(i.go 29. KB fiU 7« T6.(*7 611. 10 MAS ft-.7S Customs: Canada^ Victoria, B. C, November :.% ISOii. A. R. Milne, Collector of Cuntoms, United States Consti vte, BuiTmn CoLnivrnTA, \'i>i'oria, />'. 6\, Soormlur :Jx\ 1803. I, Levi W. Myers, Consul of the I nited States at Victoria, 15. (.■., do hereby certity rliiit tln^ signature oi .V. K. Milne at the foot of the writ- ing hereunto attaciied is his true iuid genuine siginiture nnide and ac- knowledged in my presence, and that tiie said A. li. Milne is person- :dly known t^) me; and 1 (h» furtlHT certily tiiat he is collector of cus- toms at the port of Victoria, British Cohnnbiii. in witness whereof, 1 liave hereunto set my hand and affixed the seal of the consulate, at Victoria, B. C, tiiis day and year ne.\t above written, and of tlie Independence of the United States the one hundred and seventeenth. [SEAL..] Levi W. Myers, Consul of the United IStatet. GENERAL STATISTICS. The statistics given below present the number of schooners of all nationalities chartered and fitted out in British Columbia for pelagic seal-hunting in the North Pacific Ocean and Bering Sea for the years 1«.S1 to 1892, inclusive. The number of boats and <'anoes, number of crews in 'luding whites and Indians, and the catch of tieal skius ore aisw given lor the above mentioned period: 1881. Total number of schooners, 10 — British, 0; American,!. Nund)er of bottts, 12; cauoes. 14G. Total crews, 338 — whites, 4(5; Indians, 292. Tins iiK'loAiiri' will \w foiiiKl with the "Mattt^- relating to owucruUip of curtaiu te*iing vtMWflH 8eutid by the Uuited 8tutoH," pu»t p. 3U1. j 111 REPOKTS U. 8. CONSUL MYERS. 250 Cntt'li was botwoen i;J,(MK) and 14,(MM> skins. No authentic statistics as to catch, which was all made oil" the I'acitlc coast. 1882. Total nimihor of schooners, 13 — Hritish, 12; Americiin, 1. Number of boiitN I.'>; ciinocs, L'(K>. 'I'otiil clews, 454 — whites, 51; Indians, 100. Catcli, 17,700. All coast caldi. 1883. Total nutnlxM- of schooners, 10 — Hiitish, 0; American,!. Number of boats, 12; raiioi's, lis. Total crews, ,'{.{0 — wliites, 10; Intlians, 2!>.S. Catch, 0,l!»r>. The small catch o\' this year is accounted for by a series of severe storms along the coast. 1881. Total number of sehooners, II; all British, canoes(not given). Total crews, 1 "id — whites, - Catch esliniated at 10,000. All on coast. 1885. Number of boats and — } Indians (not given). Total number of schoonora, 15; all Hritish. Number of boats and canoes (not given). Total crews, IS'.l — wliites, |S!»; Indians (notgiven). ("alc'ii. lower and upper coast combined, 20,270; Bering Sea catch, 1,200. Total, 27,470. 1886. Total number of schooners 20 — Hritish, HI; American 3; Oerman 1. Number of boats, s;>; canoes, .'50. Total crews, .{72 — whites, 252; In- dians, -SO. Tatch. low«'r and uppi'r coast combined, 13,089; IJering Sea catch, 13,408; total, 20,212. 188^. Tc.tal number of schooners, 21 — all British, Number of boat."?, 00; <'ano«'s, 4.S. Total <'rews, 411 — whites, .'HI; Indians, 100. Catch, lower and upper coast combined, 12,018; Bering Sea catch, 14,.j05; total, 27,543. 1888. Total nund)er of schooners, 17 — British 15; American, 2. Number of boats and «'ano(is (ii(»t givi-n). Total crews. 204 — whites. 2!>l; Indians (not given). Catch, lower and upper coast combined, 0,010; Bering Sea catch, 15,727; total, 22,010. 1889. Total number of si-hooners, 24 — British, 23; Oormsin, 1, Number of boats, 72; canoes, 104. Total cn'w.s, 040 — whites, 2(»1 ; Indians, .'t.s."). Catch, lower and upper coast cond)incd, 12,703: Bering Sea catch, 10,058. Total, 29,001. ■I \i i f; I ii i 260 OFFICIAL REPORTS. 1890. Total nnnilior of Rohoonors, 30 — HiitiHli, 20; (Ij'iinnn, 1. Niiinbor of boats, 107; i-iincM's, H'k Total cicws, 028— whites, •<•<•'<; lixliaiis, 2!M). Catcli, lower coast, 4,870 j upper coast, 10,742 j iieriug Sea, 18,500. Total, 40,208. 1891. Total nnmbor of schooners, r>4 — Itritisli, 53; AmenVan, 1. 'Nnnilior of boats, 234; raiutcs, 17(!. Total ciews, 1,1S1 — whites. 730: liHliiins, 445. Cateli, lower coast, 4,127; upper coast, 17,443j liering JSea, 20,240. Total, 50,810. 1893. Total niitiiber of scboonors, fifi — Ibitish, 05; AnienVan. 1. Number of boats, 1:73; eanoes, 250. Total crews, 1.447 — wliitrs, 052; ludiins, 405. ('ateli, lower coast, 4,570; upper coast, 24.5.S5; Asiatic (Copper Island) catch, 14,.S05. Total, 40,125. Levi VV. Mykks, Consul. United States Consulate, Vivtorittf Jiritiah Coliunbiit, November 23, 1893, AVERAGE CATCn PER SCHOONER. Tlie table found below shows the averajje catch per schooner of the (Canadian sealing; Meet from 1S81 to 18!»2, inclusive. The statistics contained therein have been }>'atliere and interest in favor of .lt)sei)h IJoscowitz. On tiie Annn Urck, in 188(J, a mort^ajjo of f(»,(M)0 and interest in favor of .loseph IJoscowitz. On 32 slnires of tiie M'. /•. Sayintni, in 1887, a mortgage of !i«2,r»<'<> '» favor of J«tse|>]i I>(»sco\vitz. On the Oract', in 188G, a mortgage of $0,(MM) and interest in favor of Josepli Hoscowitz. O'n tiie Dolftliiii, in 188(5, a mortgage ()f $0,000 and interest in favor of .losepli lioscowitz. On the Carolnia, in 188(5, a mortgage of $1,(M)0, no interest, in favor of A. .1. Heclitel. Josepli lioscowitz aud A. J. Jiechtel were in those years citizens of the United States. Levi W. Myers, Consul, United States Consulatb, VivtoriUj JirUinh Columbia, November 23, 1893, COST OP SEALING BOAT AND OUTFIT. The following is the cost of a sealing boat and outtit, new, Victoria prices : One HCitlinfT hoat ,, $110.00 One sail with pole 4.00 Two pairs oaiH, at $2.25 per pair 4.50 Total 118.50 The boats are made usually of white pine. The sail and pole are, as a rule, made aboard the schooners by the boat's crc\ys. Levi W. Myers, Consul. United States Consulate, Victoria, British Columbia, November 22, 1892, FIREARMS USED BY SEAL HUNTERS. Both British and American firearms are used by seal hunters. The priiicipal IJritish shotguns used are manufactured by W. Eichards, ('. (}. Honchill, and F. S. Harrison. The Hicliards gnu is worth in Victv)iia from $30 to $35. The Harrison and Honehill guns an^ worth $(10. Tlie American shotguns used are the Parker iiros., Ticfevre, L. C. Smith, and Clayborough. The Parker guns are wortli from $.■>(» to $100, according to grade. A good many hammerless Paikcrsare used. They are worth about !?(!"). The Lefe/re, Smith, aud Clayborough firearms average from $50 to $U0. ( I l\ I 262 OFFICIAL REPORTS. I I Whon a Imiitfr nsps a liif;li-inic«'(l fjuii it is usually liis private prop, crty, and is not supp]i«Ml by tlic outnttj'r of tin' .sclntoncr. Tln' Winrlusstcr rrprattT is tiie princripal ritie used, in sizt's as follows: .'J8-,W, UMM), i't-m, 4r)-70, 4r>-\H). Tlie av«'rau«' I>«i<0 is tVoin *1.S..")0 to $1*1. A few Marlin ritles are used and cost a>>out ^20 eauli. NnnditTs 8, 10, and V2 sliot};unsiire usnl. A niiijority of the hunt<>rs seem to tiiink the No. 12 {j[iin (tlie suialluHt bore) the most ell'ectivu for killin^^ seals. Nu uiu/zle-loading liruarius arc used. Levi W. Myers, Consul, Unitei) States Consulate, Victoria, British Columhia, November 2Q, 1893, 1 I l.ul COST OF AMMUNITION. Tlie following from an autlientic source is the estimnte of tlie ainoTiTit and cost of aniniunition for a Tanadian sealin;; sciiooncr canyinj^ six sealing; bouts, sind with a crew of 21! white men. Voyage to last the entire seasou, Victoria prices: Etiimale of ammunUhn. lOkcpn powdor (25 pnnmlH entli) at I? jit-r koji $70.00 4(1 Hinks .shot (4 Hiirks to 1 ki'H of powder) -at ^\.'M \wr Huck (Ml. (K) IT), (MM) \V!mU, lit 7."! rt'lllM per ihoiiHiilKl IS. 7."> 15,(M)0 |iriiiu'i'H, lit !M) I'ciits per tlioiisaiid i:{. .'iO 1,300 I.I1U18 sholls, at*7 per linmlreil !M.(K) Total 253.25 The shot used are Xos. 1 and 2 buckshot and " Four A" shot. Levi W. Mvkks, ijonsul, Unitki) States Consttlatb, Vivturia, JJritish Columbia, November 23, 1893, DIVISION OF THE SEAL-SKIN CATCHES BY BRITISH COLUMBIA SEALERS. !' I I . The practice of dividing the scaling season into "eatches" — tliat is the "I«>wcr coast catcli," "upper session of them all tiiroiigh the season, returi.l..^ . 'tli them to \'iet()ria at its close. All iittcmi»ts, therefore, to divide tin' skins taken in any one year prior to 188'.) into "coast catches" or "liering Sea catches," are estimates, and, to an extent, unreliable. So, when it is stated tliat 13 schooners took ao,!*.')/) skins in 188(1, the statistician is •■iirefiil to siiy " /« and abouC'' Bering sea, and not that they were all taken in Bering Sea. The total catch of that year, including the North Pacilic and Hering Sea catches, was only 1'1,144, as returned by the custom-house records at Victoria. Other illustrations of the misleading chariH'ter of these rei>orted "catches" could be given. Thr biisis of a proper and accurate division of the season's work was first luiuished iu 1881), when the schooner Wanderer was seut north to REPOnT TREAftURV AGENT LAVENDER. 263 to TS vo bringdown i\w \ortli riu-ifle ratclu's. Sliearrivt'd at Saiul Point .Tiuio 'jr>, aii tlic H(>a. Ill 1H!M> liie Hteainor ^[iHchief want on a Iilv«' mission, taking tlio skiiiH ofl" tlui scluMniers at Nortlu^ast Harbor tliiiic li2. Ill lHi)l tliu steaniur Danube -waut noitli and inct tlio Hclioonors at Alitak Hay June 2(». In 1H!>2 the Coqititlam was tin' st»'aiin'r I'liiployod, nu'eting tlie Rcliooners at Toiiki Hay and Port Etches, and being seized by tlie Coricin at tlie hitter place June 22. Levi W. Mveus, Vvnaul. United Statf:s Consulate, Victoria, Btit'">h Columbiu, N'ovcmbcr 23, 1892, It ix le report of treasury aoent lavender Office of Special Agent Trbasurv Dei'aktment, tSaint George Inland, Any. 31at, 18'J:i. J. Stanley-Brown, Esq., U. S. Treasury Agent in charge Seal Inlandit, Wnnhin i' ol; !,: NOTES ON THE FUR-SEAL ROOKERIES OF THE PRIBILOF ISLANDS^ JULY 18 TO 31, 1892. By IJ. W. EvEUMANN, of the United States Fish Commission. Captain Z. L. Tannor having: carried out his instructions and returned to (Jnahiska whcic a board of survey condemned tlie boiler of the Al- batross, thus causing' sonu' delay before starting off to the Paciflc coast, 1 decided to (h'vote the time to sucli an investigation of seal life on the Pribilof Islands as tiu^ few days at my disposal would permit. On the evening' of .Inly 17, 1 left Dutch Ilarbor on the Bertha for the Pribilof Islands. 1 had with me Mr. N.B. .Miller, of the A /Z^a^^-oss seieu- titic staff, wlio accompanied me as i»hotog'rapher. \Vl' landed u])on St. i'aui Island on the morning' of July 11), and re- mained there until theevening'of -lulyL'l, when we went by the Bertha to St. (ieorge Island. Owing' to rough weather we were not able to land upon this island until the evening of July U7. We remained on St. George Island until the ev(!ning of .Inly 31 when we sailed on the Bertha for Dutch Harbor v^ere we again, joined the Albatross. In view of the limited time at our disposal for the study of the fur- seal rookeries, the i)lan AVas adopted of visiting each rookery at least once, and of paying daily visits, when possible, to Lukannon rookery, whose situation and general character rendered it particularly well adapted for observation. Tlie following is an account of my observations upon the various rookeries: • Lukannon liookertj, Tuesday, July 19, from 1:30 to dp. tn. Apparently the height of the breeding season has not only been reached but perhaps ])assed. From one ])oint I c(mnted as carefully as I could all the seals in view along the rookery for a distance of about 150 feet, the strip being alxmt 100 feet wide. ('ounting them by harems, calling one bull and all the cows audjiups about him one harem, I obtained this result: \ i Harem. BuUs. Cows. Pups. 1 7 6 i 2 27 10 2 5 12 4 5 6 26 2 60 3 20 4 5 6 12 6 15 7 8 9 3 10 ... 20 11 5 12 15 13 30 Total 13 00 211 The dift'erence between the number of cows and pu])S is due to two facts, viz: 1, a few of the cows have not yet been delivered of their pups, and 2, most of the cows have already been served by the bulls, and have been permitted to go out in the sea to feed. Counting all the l)ulls, cows, and i»ups in plain view over a slightly longer strip, I found 15 bulls, 200 cows, and approximately 300 pups. 1 B. W. EVERMANN : NOTES ON ROOKERIES, PRIBILOF ISLANDS. 265 This is quite certainly a greater number of pups than belong tx) the 15 bulls, as the pupa have already begun to gather into pods, tlius destroy- ing tlie integrity of the families. At one end of the area observed was a very large pod of pups, many of which undoubtedly behmg to families further away. In making the count of liarems a good many cows and a great many pups were not counted, as tliey did not seem to belong to any particu- lai' family. Tliese cows liad been served, and were conseijuently allowed to wander from tlieir lords. The pnjis, apparently, do not h)ng remain in the fjimilies where they belong, but soon begin to wander about and to collect for a part of the day at least into large bunches or [>ods. From tlie first count it would appear that at least 121 out of a possi- ble minimum of 211 cows were out feeding at this time. This is over 56 per cent. By the second count it ai)i)ears that out of a necessary minimum of COO cows at least 4(t() or <)(i"^ per cent, were out feeding. These per cents are based, however, upon the sui)position that all the pups have been born. As some of the cows liave (piite certainly not yet had their i>ups, the percentage of cows out feeding is even greater than here indicated. Lukannon Rookery o(!cupies chiefly a long narrow rocky strip lying between the water and an ap])roximate]y vertical bluff. At certain places this bluff is iiTcgular and broken so that seals can climb to its top and spread out u]»on tlie relatively level land back of it. The fol- lowing sketches rex)resent roughly four cross sections ot this rookery: 26 00 20 5 12 15 3 20 5 15 ;annnn Rookery, July 19, 1893. From a to h the seals were ap])arently as thick as they ever were; from b to c there were a few seals, yet the ground showed that it had all been used at one time; from c to l't ciiil of I.iikaiiiiiin l{oi)kcrv. .Tiily 19, 1892. This is a sandy beach here, used only as a hauling ground by the bachelor seids. The s])ace from n to h was ])retty well covered, but back of h toward c there were no seals, thougii the ground was worn. 4 y\A \ V ' ,H f if ^i:r 5. I'lan (pf Lukaiinoii Rooknv, St. I'aiil iHlaud. The first (dotted) stri]> ahuig the water front was occupied by seals July 10, 1892; the second strip hiid no seals upon it except a few near the right end (facing tiie water); all this space was at one time used as shown by tlie smooth-worn rocks scattered over the entire area, and the absence of vegetati(»n over the lower part and the coating of algae towards the upjx'r portion. Still back of this is a strip of rarying width where the rocks are evidently seal worn and the ground covered more or less completely by grass, difiering, however, greatly in appearance from the grass fcmnd further back Avhere the rocks are not seal worn at all. At this time I am ctmtident that not more than two-fifths of the space which has been used on tiiis rookery is now in use. Making full allow- ance for the tendency of the pujjsand bachelors to wander more or less and thus occupy different spots at difi'erent times, I think it would be far within the limit to say that the area now occupied by the seals on *his rookery is not more than three-fifths of what it has been in recent years. The space now occujued is entirely free of vegetation; t'le ground is smooth and hard, and the rocks are all worn smooth. The area, which was appiirently used last year, or the year betbre, but which is not used now, shows the smooth rocks and hard ground, but instead of being bare of vegetation is more or less completely covered with a thin coat- ing or matting of algoid growtli. The strij> still further back, which evidently was at one time used, is now covered more or less with grass, but it is shortei" than is the grass where seals have never hauled, and has a dead or burnt appeiirance. At this left end of this rookery is a sandy beach where bachelor seals haul, but at the time of my first visit there were only a few seals there. - B. W. EVERMANN: notes on ROOKEftlES, PRlBILOF ISLANIS. 267 Lukannon rookery, July 30, a. m. Visitod this rookery again this morning. Comparod with its condi- tion ycstenhiy, very little change was noticed. The families were somewhat less distinct and the bachelors at the left end had shitted their position somewhat. Lukannon rookery, July 31, p. m. Visited this rookery again this afternoon. The families are very mnch more broken up than they were two days ago. Tlie majority of cows have gone out to sea to feed and the jnips have collected more into pods or along the water's edge, where they si)end much time play- ing in the water and learning to swim. Lukannon rookery, July 33, a. m. Spent the entire forenoon watching the seals at this rookery. ('om])ared with the conditii ms observed on July 21 a good many bachelors had ])reity well ti'led up the sjjace at the nortli end of tlie rookery .'.nd had < xtended fuither north along the shore. All this space is covered wITn large well-worn rocks lying from 1-12 to <> feet apart. Tliere is no giass on this, but southward and westward is a large area, averagin;.' perhaps 200 feet wide, which is covered with seal-worn rocks in the same way, but has been unused for so long a time that it is now well grown over with grass. Near the north end of the breeding ground seals appeared nuich more numeious than on the 21st inst., due, no doubt, to the return of many cows that had been out at sea feeding. The families are nnich more broken up today than on the 19th inst., a great many ]»ni)s being seen with no cows near them. 1 counted live dead i>ui)s on this rookery. Cows are coming and going all the time, the water near shore being well lilled with seals, and the immediate water front being thickly cov- ered witli cows and pui)s, tlie latter venturing into s)iallow water a \\i\\ feet, then leturning to the rocks. Most of the bulls were lying quietly about, many apparently sle«'ping. From h to jj of the ])U])s were crawling about, playing or trying the water; otliers were lying (piietly around 'w ])ods of vari(ms sizes, while souu^ were scattered about and more or less isolated. A good many cows were lying some distance away from any families or were moving about the water frontwithout being interfered with in any way by the bulls. At one place I watched for some time 20 or 30 pups playing in the edge of tile water. None ventured (mt more than four feet, Avhile most of tliem seldom went beyond the veiy small pools among the rocks. I saw one jtup swimming about 4 feet from the shore, when, what 1 took to be a cow, but what might have been a bachelor, jumped from a rock into the water inunediately in front of the pup and drove it back to the rocks, following it up until it luul crawled njton a ntck. Whether this was merely accidental or was don(^ intentionally by the cow (or bach- elor) to jneveut the pup from going too far out in the water I can not, of (ourse, sfiy. A little later, at the same ])lace, I saw wliat I took to be a cow ])ick U]) a pu]), swim with it in her mouth out about G feet, then let it go. The i)ui) struck out at once feu- the rocks, swimming fairly well. Then the cow came on the rocks and fondled the pup. It seems certain to me that this was her pup, and that she was teaching it to swim. t t 'f Ml a M 268 OFFICIAL REPORTS. I notice to-day that the pups are able to crawl about upon quite high rocks almost as well as the old seals. During my visits to tlie various rookeries on St. Paul Island, between July 18 and .July 25, 1 saw but o.iepui* born and that was on Lukannon rookery, -July 2li. Several others were seen in ditierent ))lace8 wiiich had been b(U-n but a short time before (in some instances apparently but a few minutes). It is quite certain pups were being born now and tiien, but the opportunities for getting close enongh for careful obser- vation were not good except in rookeries situated like Lukannon. Ketavie rookery, St. Paul Inland, July Ifi, 1S9J, p. m. This rookery is to the right of Lukannon rookery and scarcely dis- tinct from it. It is of the sanu' general chaiacter as Lukannon, but the ascent from the water's edge to the grassy plain is more gradual. The cows weie more nunuMous, proportioiuitely, than in Lukanr.on and there were very few bachelors. The same general ai)pearance was presented here as on Lukannim — a strip immediately along the shore well covered, a second strip with rocks worn smooth; hard, smooth gr, which has been used as rookery and hauling ground by the seals, but upon which no seals are seen now, thus: 1 1 ; . }]' 1. Thick breeding ground. 2. Bunch of bachelors. To the left of e the bulls, cows and pups were qxiite thick in most jdaces along the water front in a strip averaging perhaps 40 feet wide. Lying back of this is a broader strip, as much as ISO feet wide in some places, which has been used, but on which there aie now no seals. I think it a reasonable estimate to say that if all the bare area in this rookery Avere occupied as <'losely all over as it is in s])ots fully eight times as many seals could tind room; and the grass-grown ])()r- tion, being free of rocks, would lurnish room for a. great many more, so that it is pretty certain that there is room upon the Ketavie rookery for fifteen times as many seals as are there now. The Ketavie rookery evidently contains a greater percentage of cows, as compared with the number of pups, than does the Lukannon rookery. B. W. EVEKMANK: NOTES ON KOOKEHIES, PHIIUIA)!' ISLANDS. 209 Standing at a i)oint near tlie middle of this rookny and coniiting all the seals in plain sight, I counted fifteen bulls, 100 cows, and ;J'J5 i)ui)s. Six dead pups were seen here. Reef Eookerii, July 20, p. m. Pups do not seem to be as numerous here as they are on Lukannon. There are more very large bulls and there are good-sized groups of bacln^Iors here and there. This rookery occupies both sides of a long rocky point or i)eiiinsula. The middle ridge is smooth, sandy, and sparsely covered with grass. U])on this ridge were perhaps liOO bachelor seals. Alany quite huge bulls were seen among the bachelors and there is no doubt in my miiul but that the number of available bulls is considerably in excess of the ■ 'miber necesssry to serve the cows. The same indications of decrease in size were observed here as in the case of the other rookeries. The narrow strip inunediacely along the water-front was in most places thickly covered, though in some i»laces the seals were less closely placed ; there being such great variaticui in this respect as to nmke it quite ditlicult if not impossible to estimate with any degree of accuracy how many square feet should be allowed for each seal on the rookery. Hack of this occupied strip was a strip where w(mld be fouml an occasional family and occasionally a small bunch of bachelors, though the greater part was unoccupied. Over this area the rocks were all worn smooth and the ground was packed hard and devoid of vegetation of any kind. Still back of this the rocks were still seal worn, but the ground was covered either witli the thin algoid matting or with a sparse growth of short bleached grass. Two dead seals, apparently young bulls, were seen at one place on this rookery. It is very hard to estimate just howmucli this imi)ortant rookery has decreased in size during tlie last few years, but it is certain there has been a very considerable decrease. This fact will be apparent to any one examining the rookery. Eeef Boohcry, July 23, p. vi. This afternoou I paid another visit to the Reef Kook(My. The families or harems were less well-detined than on the former visit; the cows were apparently less nunu-rous; nuuiy of them were moving about the water's edge, and many were absent at sea. The ])ups were gathered into pods <»■ moving about in a restless sort of way. The bunches of bachelors had shifted position somewhat, and there were - • re upon the high ridge than before. Tolstoi Rookery, July ;?.l, a. m. Most of the forenoon of July 21 was spent at this rookery, the stage of which appeared to be about thesanu' as that of the IJeef Hookery, and hardly as far advanced as was Lukannon on .luly 1(». There were a good many cows whose pups had api)arently not yet been born, though it is true that many of the families weie broken up atid the jiups were wandering about near at hand or gathered in ixxls in several jjlaces. The space covered by seals here now is very mucli less than that for- merly occupied and nnich less than shown as occupied iu Mr. Elliott's plau ou page 53 of his monograph. V^ t! ii 270 OFFICIAL REPORTS. u- \m Northeast Point Rookery, Jiili, 22. Several hours in the middle of the day were spent examining this roolicry. The s])ace now occupied at the southern part is but a small portion of what ii.i • heeu covered in recent years. Near Sea Lion Point I saw four dea'' • 'a-lion pups and !> fur-seal pups, but did not discover the cause of their deatii. The shores from Sea Lion Point northward to where '•* bends to the west, a distance of about 4,000 I'ect, is inm^h less thickl.N covered than formerly, and back of the occupied strip is a (!on- sidcrable strip showing unmistakable evidence of having been occupied in rei'ng the water's edge, but Mr. Elliott's sketch shows seals to be verynumenms at this place. .lust west of this is a bunch of about 10 good-sized bulls that iiad no cows about tlieni at all. These were not ohl superannuated b\dls, but young vigorous ones, and undoubtedly well able to maintain harems were there a greater number of cows. This and numerous other similar sights convince me that then^ are even now a good many more bulls tliau arc necessary to serve the cows. Still to the left of this, on the sandy shore, is a very large l)uncli of bachelor seals, l)cy. in. This lies about a mile south iron, Little Poliivina, but between the two are a few seattered i'aniilies clos»' alonji- the water's ed^ie. This rookery has a lonjj^ strij) near the shore tliat iiiesents tiie most compact appearance of any giound I have seen. Tlie yronml rises {fently from tlie water's edji^e, is not very rocky, and continues over a very {jjentle ben(^h to a very broad, comparatively level, tract Inrtlipr back tluit has in former years been used as breeding (»r haulinji' ground, or both. I saw more dead pups here than I have seen on all other rookeries conibbied. The " lay of the land " here is sncii as to make it very easy for the pups to wander abcuxt a great deal — tiuMc is no alinipt wall or blulfto hem them in — as ai consequence many of them stiay otV even far into the grassy nu'sa back of the rookery. Some of these become lost from their mothers and, of course, starve sooner or later. I made an examination of this rookery as fnrnishing the best illus- tration of dead pups seen by nie in l.S!>2. 1 began at a jtoint towards the eastern side of the rookery, beyond which no dead i)nps were to be seen, a"d retraced my steps for a distance of about o e hundred and tiftyfee., or to a point beyond which no dead ]tni)S were visible, and by actual count the number was lli5. 1 believe that this represents at least one-half of all the dead pups on this rookery. '=ti "A All the plain space enclosed by the liue ab is worn smooth, but had no seals upon it at the time of my visit. SAINT GEORGE ISLAND. North Uoolery, July 27, a. m. This rookery lies just west of the village and extends about |^ of a mile along the shore. The beach is iu most places along here (piite narrow and rocky, being limited landward by a rather high rocky bluff. '■■ 1 \ 272 OFFICIAL UKPOHTS. Sr^ i i * The end near the villiifro. liiul but few seals ii|)oii it, but furtlier down was a larjje {froup of baclielor seals and just below these was a laifjo breeding ground ((uite thiekly eovered. At tliis plaee tiie bliifV is less abrupt and the seals were able to oecupy considerable space on tlie mesa above the cliff. Not over ff of the area, however, which has been oeeupied is oj'ciipied now. The families were nearly all broken up, and the pupa are far more numerous than the cows and are gathered into large pods here and tliere. The seals are thickest upon the west «'nd of this rookery. Just be- yond the extreme end of the breeding ground was a large bunch of bachelors, but they covered only a sn)all portion of that hauling grouud. East Eookery, July S7, p. m. This rookery occupies a narrow strip of rocky shore at the foot of a high rocky blutt", this strip being narrowest at the east end and widest on the h)W rocky flat between the i>ool and the shore at the west end. A good many sea lions were scattered along this narrow strip. At ihc foot of this bluff towards the west end and near wliere the sea lions are thickest is quite a large area that has been used quite recently, but has no seals upon it now. Westward from this the 8i)ace along the shore that was tbrnierly used is not now nwue than -^'^ tilled up. The pups on this rookery weie very much more numerous than the cows; quite evidently the families are nearly all broken u]) and the rookery has passed the zenith of the season. A great many cows or bachelors were seen playing about in the water and many are evidently out at their feeding grounds. Very few of the bulls were on the qui rire, as they were seen to be a week earlier on St. Paul, but most of them were lying down apparently sleeping. Starry Arteel Rookery, July 28, p. m. This rookery is a very compact one, situated chiefly upon the east slope of a high hill, the north end of which is cut square off" by the sea. This hillside is comi)aratively free <»f loose rocks, and is grassy except where it is or has been covered by seals. Along the ui)per edge of the rookery the bulls are smaller, and tliere are lewer i)ups in proportion to the number of cows, and the families seem better defined than lower down where seals are more numerous. Down towards the pool, at the east end of the rookery, was a small bunch of bachelors, and on the hillside to the left of these were two or three bunches of bachelors; but the number of seals upon this rookery at this time was certainly much fewer than what it has been within the past few years. Zapadnie rookery, July S9, I spent the time from 9 a. m. to about 1:30 p. m. at this rookeiy, which somewhat resembles Starry Arteel, in that it is situated i)i great part upon a hillside ; unlike Starry Arteel, liowever, it extends well up the hillside toward the toj) at the end toward the clitt' and extends farther along the shore than does Starry Arteel. Com]>aring the i)resent con- dition of this rookery M'ith that shown in Mr. Elliott's report, it api»ears that the rookery has shifted more toward the hillside, as the seals do n. W. EVKRMANN: NOTES ON ROOKERIES, PKinil.OF ISLANDS. 273 not seem to extend so l;ir toward tlie sliallow creek. See Klliott, p. ."iS.) On tlie whole, I iniiifjine that this lookery has not (h'ereased niueh, if any. in size recently, but it has apparently shitted soniewliat. Itiills, cows, and ]»nps cover the steep hillside and aloiij^' the shoic. except. j)erhaps, L'dO feet at the north end, wheie thcic is a hn i^c ImiiicIi of bacliehtrs; at the crest of the hill was a band of some !."»(» liachelors. The families liere also have be;iun to lose their intejirity. the bidls no lonji'er watched their harems carefully, and the cows and iiujis wander about at will. Little Eaul rookerii, Jithi S9, p. m. Tho west end of tliis ntokery occn]»ies a narrow strij) at the base of a basalt clift' about 'M) feet hiyh. On this i»art 1 saw but one old bull, but counted at least 'M\ cows and (»(> i»nps, about l."» of th«' latter weie lying upon the tlat surface of a very larj^e detached mass of basalt about 10 feet liifih. To the rif^ht (>f this jilace the stri|» widens out to about 1(M> feet and the blulf Itecom \ a f^entle luit rocky slope. Tins strip is oOd to (»()() feet lonj-- and the part occupied l)y seals will average less than 50 feet wide. This is ]>retty tiiiekly covered with cows and ])ups, except a narrow strij) nearly L'O feet wide running along through the ndddle, upon which theie were but few seals and th(^se mostly pups. Bidls were rather scarce here, as shown by the fact that from the blulf at the west end I could count but 21. 1 do not think there were over L'o or .'{0 upon this rookery. At this rookery I have seen for the first time the bulls enter the water. The number of cows in sight from the sajue point was about 400, while the number of pups was very much greater, ])robably as uuiny as 1,000. I visited this rookery again (»n the afteuoon of July 30, and made further observations. The large basalt rock u])on which I counted 45 ])ups yesterday has 70 pujis and one cow u]>on it today. This is the position which yestei- day slH)wed but one bull, .'50 cows, and 00 jjups. This would show that the pups are wandering about a good deal, and that there were seen here a good many pups and probably several cows that did not behjng to the one bull found here. B. W. EVEUMAIIN. I certify that the document hereto annexed, which was transmitted to the Secretary of State on S<'ptember L*S, ISOli, is a true copy of cer- tain notes on the fur-seal rookeries of the I'ribilof Islands on tile in this bureau. Trofessor B. \V. Eveiuiann, who pre))ared the same, is an expert naturalist in the employ of the United States Fish Couunis- sion, and lie accompanied the Fish Commission steamer AUiixtroas in that capacity during her cruises in the year 1.S02. MAUSITAT.T. iMcDoNALD, U. 8. Commissioner of Fish and Fisheries. Washington, D. C, December Kith, 1892, 123G4 18 n ITw w ^r. t f / ,. EXTRACTS FROM VARIOUS PUBLICATIONS. EXTRACT FROM THE REPORT OP CAPT. CHARLES BRYANT TO THE SECRETARY OF THE TREASURY.' Faiuiiavkn, ISrASS., Norrmhn- 30, 1869. Sir; naviiifj rotnrnod from Ahiskii, whon> I was ordcird as special ajifiit of the Treasury Departiueiit in Sei)teiii))er, ISIJH, to examine into tlie resources of the territory and tlie cluiracter and habits of its vari- ous tribes, I have the honoi- to submit the follow iu}? leport: On account of the jjreat diversity in the ])liysi(;al features of the territory, the widely varyiuj;' nature of tli' :^"0(lucts of the ditlerent sections, and the very nuirked dilVerence in tin haracter and habits of the various tribes, 1 liave deemed it necessary Id describe each p(»rtion of tlie country in detail in order that si pro]t r idea of the whole terri- tory may be {jained; and, as my attentioi was inare particularly called to the interests of tlie fur-seal trade in . ciiriu};- 8e!i 1 will ho'^iw with thr islands of St. I'aul and St. George, [llere f<;llow8 a geographical clcscriptiou of the same.] THE FUR-SEAL. The seals resort to the Pribilov Islands, durinpf the sunimer months, apparently for the sole purpose of reproducing their species, i'o this end each age or class contributes its share of labor or care, remainiug on shore or in the water, as may be necessary. In order to fully under- stand the duties of the varicms classes, a description of the animal seems to be necessary at this point. The male seal attains its full growth at the age of six years, when it measures from seven to eight feet in length and from six to seven in circumference. Its color is a dark brown with a gray over-hair on the neck and shoulders, and its weight is from six to twelve hundred pounds. These alone occupy the rookeries with the females. A full-grown female measures from ftmr to live feet in length aiul three feet in circumference and weighs from one to three hundred ])ounds. It differs in shape somewhat from the male in having a sluuter neck and greater fullness of body in the posterior parts. Its color when it first leaves the water is a dark "steel-mixed" on the back and ligiiter about the breast and sides. After being (Ui shore a few days its color gradually changes to a dark brown on tlie back and as- sumes an orange hue on the breast and throat, and is, therefore, easily distinguished from the male. The female attains its full size and brings forth young about the third or fourth year. The yearling seals weigh from forty to sixty jiounds, and are of a dark-brown color, with a lighter shade about the thn at. The intermediate ages from one to > Senate Ex. Docs. Nos. 1 to 39, 1869-70. 275 I li jjti i i.i \ if- w fi I 1^: 276 EXTRACTS FROM VARIOUS PUBLICATIONS. six are readily distiiignished by their difference in size and form. Tlie rei)ro(liu'tive organs of the male are developed in the fourth year of its age, but it has not yet acquired sufticient strength to maintain its place in tlie breeding rookeries, which are occupied exclusively by the oil males and females with their pups. These rookeries are l(tcate the slojies and lie with their heads erect, listening. At this time, if the wind blows in the direction of the rookeries, all tires are extinguished and all unnecessary noises suppressed. These scouts soon depart, and after a few days return with large numbers of the male seals of all ages. The rookeries are taken possession of by the old males, who drive the youngerones into the water or to the uplands inside the rookeries. In locating for the sea- son, the old males each reserve abimt one square rod of ground for the convenience of their future families and that they may liave sufficient room in which to execute their awkward movements in defending them- selves iigainst the attacks of their neighbtu-s. Male seals continue to arrive daily for some time, the greater part of whom are old wigs, who tight their way tt) their old places or prepare to defend some newly selected ground against any former occui)ant that may claim it. They acknowledge no right save nnght, so that the quarrel is incessant day and night, and the continual growling sounds like the approach of a distant railroad train. About the middle of June the males have all arrived and the ground is fully occupied by them. Soon after this the females begin to come, REPORT OF CAPT. BRYANT, 1869. 277 In small numbers at first, increasing as the season grows later, until the middle of July, when the rookeries are full and many of the reser- vations of the old males overcrowMled with their respective families. Wiien the females first arrive many of them appear desinnis of letnrn- ing to s(»me particular male, and frciiuently climb the rocks overlook- ing the rookeries and utter a i)ei'uliar cry as if endeavoring to attrai't the attention of some acquaintance. Changing their jdace at intervals this cry is often repeated until some ba(!helor perceives her and she is driven to the rookeiies and (juickly a])propriated. It seems to be the sole duty of the bachelors at this season to compel tlie females to take their places in the rix with the young males, greatly increasing the the skin, eaclt seal yields about one and one-lialf gallons of oil. and the lining nieiubiane of the throat and portions of the intestines, which latter are indispensable to the Aleutians at all points, being used v the manufacture of water-proof clothing, without which they could not venture at sea in tlieir skin boats. It will be seen from the foregoing description of the habits of the seal that their preservation and increase are very simple matters, the only requirements being that the animals shall not be unnecessarily disturl)ed at any time, and that for killing, the males only shall be selected: and I will add that the increase is more rapid when a portion of the males are killed each year, since by the constant fighting of this sex when in excess many of the young are trampled upon and de- stroyed. MANNER OF CURING THE SKINS. The skins, on being taken to the salt houses are packed in square bins or kenches, with the flesh side up, on which a quantity of salt is scattered. Here they are allowed to remain one or two months, when they are removed and folded with a quantity of clean salt, and firmly rolled and tied for shipment, only requiring a small additional quantity of salt on being removed from the islands. NUMBER OF SEALS. There are on St. Paul Island at least twelve miles of shore line, oc('U])ied by the breeding rookeries, not less than rtltecn rods wide, with an average of twenty seals to the square rod. This gives the whole number of breeding males and females at l,ir>2,,(M)0 skins nnty at the present time be taken from both islands withiuit diminishing the annual production. • *•••*• 1 have the honor to be, very respectfullv, your obedient servant, CHARLES BPYANT, Special Agent, Treasury Department. Hon. Geo. S. Boutwell, Secretary of the Treasury, Washington, D. 0, I'll ill 280 EXTRACTS PROM VARIOUS PUBLICATIONS. 14 EXTRACT FROM TESTIMONY OF CHARLES BRYANT, TREASURY AGENT, BEFORE A CONGRESSIONAL COMMITTEE, MARCH 20, 1876.' Q. Do yon observe wbetlier there lias been any diminution or increase of the number of seals on these ishinds during tlie time this coniimny liad charj^e? — A. I'here has been a steady iucrea^e in the number of female seals breedinfjon the islands, e(iuiviilent to five ])ercent, as near as can be determined, annually. The principle uixin which they are killed is to take oidy such surjilus males, they being polygamous in their habits, as are not re(inired lor breeding i)uri)oses. Q. Your opinion.then, is tliat the number of 100,000 [seals] on the two islauds, authorized by law, can be regularly taken witlnmt diminishing the croj* or number of seals coming to the island? — A. 1 don't feel quite sure of that, as will be seen in my detailed rejxirt to the Secretary of the Treasury, included in the evidence which lias been laid before tlie commiltee. There were indications of diminution in the number of male seals. J gave that and another leason, which I exi»lained fit large in that report. In liic season of 1808, befoi'e the prohibitory law was passed and enforced, nnnierous ]>art es sealed on the islands at will, and took ab(»ut L'-KKOOO or i:r*0,000 seals. Thev killed mostly all the product of 18(;(5-'07. In making our calculation for breeding seals we did not take that loss into consideration, so that in 1872-'73, when the croj) of ISOO-'OT would have matured, we were a little short. These seals had been killed. l"(n' that reason, to render the matter doubly sure, 1 recom- nuMidcd in my rei)ort to the Secretary a diminution of 15,000 seals for the two years ensuing. 1 do not, however, wish to be uiulerstood as saying that the seals are at ai" decreasing — that the proportionate number of male seals of the proper age to take is decreasing Q. The females are increasing^ -A. Yes, sir; and consequently the number of jiups ju'oduced annuall^\. ii. It looks, then, as if the males ought also to increase? — A. I think that number of 10(»,000 was a little more than ought to have been begun with. 1 think if we had begun at 80,000 there would have I ecu no necessity for »,im nisliing. On the other hand, 1 think that within two years from now it could be increased. ■; Hi EXTRACT FROM THE REPORT OF LIEUTENANT WASHBURN MAY- NARD TO THE SECRETARY OF THE TREASURY, DATED NOVEM- BER 30, 1874'. The great work of the season, the taking and curing of seal-skins, be- gins the tirst week in June, and is pushed forward asrajtidly as possible, as the skins are in the best condition early in the season. This year 90,000 skins were taken on Saint PiUils by eighty-four men in Ihirty- nine days. The nativ<'8 do all the work ot driving, killing, and skin- ning the seals and of curing and bundling the skins, under the direc- tion of the eomi)any's agents and of their own chiefs. The first opera- ' House of Roprc8re seals at a time than the force ol inen emjdoyed could take care of pr(»i)erly. Goo«l judgment and constant care are required in taking the skins, as fifteen minutes' exiiosure to the sun will spoil them by loosening the fur. Another source of waste is by cutting the skins in taking them off in such a maimer agi to ruin them. It was very ditlicult at first to in- duce the natives to use their knives carefully, and several hundred skins were lost in a season l»y cai'cless skinning; but by refusing to ac- cept aud pay lor badly crt skins the number has been greatly reduced, Ml W^PTffW*L - . I WLl iga^lWIWIWtl^ 282 EXTRACTS FROM VARIOUS PUBLICATIONS. * i 80 that the loss tliis year on St. Pauls was but one Inindred and thirty from all causes. The salt-houses are arranged with large bins, called kenches, niadeof thick planks, into which the skins are put, iur side down, with a layer of salt between each layer of skins. They become suffi- ciently cured in from Ave to seven days, and are then taken from the kenches and ])iled up in books, with a little fresh salt. Finally they are jn-epared tor shipment by rolling them into compact bundles, two skins in each, which are secured witli stout lashings. The largest of these bundles weigh sixty-four pounds, but their average weight is but twenty-two. The smallest skins, those taken from seals two years old, weigh about seven pounds each ; and the largest, from seals six years old, about tliirty. The skins are counted four times at the island, as fidlows: By the company's agent and the native chiefs when they are put into the salt- houses, the latter given in their accounts, after each day's killing, to the Government agent; again when they are bundled by the natives, who do the work, as each is i»aid for his labor by the bundle; by the Government's agents when they are taken Irom the salt-houses for shipment; and the fourth time by the first oificer of the company's steamer, as they are delivered on board. An official certiticate of tlie number of skins shipped is made out and signed by the Government agents in tri])licate, one copy being sent to the Treasury Ikptirtment, one to the collector at San Francisc<>, the third given to rhe master of the vessel in which they are shipped. The amount of the tax or duty paid by the comi)any to the Governnient is determined by the result of a final counting at the cu8t, 1H71 May 2H. 1S72 Oct. 10.1872 Aug. 5.1873 Aug 14.1873 Oct. U.iHlt Juuc 11.1874 Aug. 27, 1874 Sept. 7,1874 Sliipinent to London as per our account. Date of entry. 3, 448 June 13. 1871 I 6(1, ««.") 3i). :7tl fll.;il3 34, 7,')0 3, Iti 37, 2«2 .IT, 3!M) 5, 092 2.')li 45, 08(1 54. 858 Sept. 0,1871 MiiV 2!t, 1872 n. 1872 17. 1872 Aug. 12 1873 So])!. 8, 1,-73 Oct. 18. 1873 Nov. 17, 1873 July 8,1874 Sept. U, 1874 Oct Oct 403, 208 Casks. ; Skins. ,232 G81 , 020 524 828 ,020 72 11 4 ,844 Lanip.ton'M account Hales from Loudon. 3, 4.50 61, ;ni 40, 155 01.318 3t,7Sl 41 . 2'<2 57,213 4, 550 701 2,50 99, 759 Dec. 14, 1871 7,311 404, 035 Kcli. 15. .\ug.22. •laii. 12. Mav 0, •laii. 8. April 2. Oct. 1. I).!C. 17, .Vpr. 3, '.872 1872 ls7:: 1873 1874 1874 1874 1871 1875 711 . .521 081 939 «U 1,220 705 4 1,112 732 3,311 Date of no- | count rcn- ! Casks. Skins. dereU. 3,474 33, 008 27, 099 40, 0.58 50. 227 39.813 03,511 40,213 254 59, hO.t 30, 341 403, 707 Tlie first column headed *' Skins," reju-esents the number of fur-seals on which the tax was paid. The second column headed "Skins," rep- res(Mits the number shipped by the company to London, The third column headed "Skins," repre.-^ents tae number of skins .Messrs. Lamp- son & Co., of London, actually received and rendered account of sales for. I am perfectly satisfied that these figures are correct, unless not only the comjiany, but the customs oilicers on the i.slands, tlio ofiicers of the ships tliat bring the skins, the custom ofiicials in San Fraiici.scto, and the great house of Messrs. Lampson & Company in London, are one and .all in (collusion and conspiracy to defraud the Treasury of the United States. There would, besides, be another dirticulty to over- come, as it would be necessary to keep false books and false entries, while in fact nothing is so easily detected as false bookkeeping. We may therefore take it for granted that the true number of skins taken from tlie islands of Saint Paul and Saint (Jeorgeis correiitly given in the last column of the foregoing statement, which is the receipt and return of account of sales of Lampscm & Comi)any. 1 have, besides all tliese proofs, a copy of letter and specifications from tiie C(tmpan,y's shipping books to Messrs. Lampson i^ Comi)any, which, being very voluminous, will be found iu xVp])endix H, the details of which, iigreeing perfectly with ihe stii)uhited numbers, may betaken as ver,y satisfactory proof of the correctness of the books aiid accounts of the comi)any. It is now necessary to state that the lease having been signed and delivered August 3, 1870, and tlial year, counting for one full year in the lease, the company would have been entitled to 500,000 skins from j:. ■- ' 'H 284 EXTRACTS FROM VARIOUS PUBLICATIONS. 1870 to 1874, inclusive, while the actual sealskins taken on wbich tax was paid was 40.'{,L'08. 1 find, liowever, that the number of skins sold by Messrs. Lanipson & Company on account of the Alaska Commercial Company was 103,707, which, as stated, is a discrepancy of ;"*")!> skins on which no tax was pailumbia, in vast herds, and are taiicn by the Indiiins of Cai)e Flat- tery and the natives of Vancouver Island on the ocean ott' the coast, and occasionally in the Strait of Fuca as far iidand as the Duufreness Light. The great body of these seals keej) well out to sen, and during the present year (l.SS(») have been re])()rted by vessels bound in from China and the Sandwich Islands as having been seen from 100 to 300 miles oflf shore, covering the sea as far as the eye could reach, and looking like vast beds (»f kelp in the distance. Meteorological causes seem to effect this vast collection, sometimes causing it to keep otf from the shore at a great distance, with only a few scattering ones coming near enough to fall victims to the Indian's si)ear. At other times, and notably the present season, the great herd sways inward toward the land, following the same general movement as may be observed in a scihool of heriing, the center of the school or herd being invariably the most numerous. During the voyage of Captain ]Meares in 1788-'89, as well as those of Portlock, Dixon, Maidiand, and other early voyagers, but little mention is nuule of seals, as they were then of such small value that in the Wa^ of furs and skins which the captains were directed to proctire no men- tion is made of them, the sea-otter then being the most plentiful, as it was and is at this time the most costly and beautiful of all the furs. Black fox-skins were very valuable, as also sable, black beaver, and black marten; but river otter and seals were classed with inferior furs, which the captains were directed to purchase or not as they judged best, but to confine their work to the sea-otter. Prom all the accounts given in the records of those early voyages, as well as from the traditions of the Indians, it seems that a hundred years 'This tax was dnly paid. » Sec. V, Vol. 11, p. 3'J3. See Report No. 623, 44th Congress, p. 68. f UNITED STATES FISHElilKS, 285 ^ ago the seji-otter wore as miiiicrouH in Miis vicinity iiiul aa roadlly taken by the Indians as the far seal is at the picscnt time. Sea otleis are hut rarely taken now and seem to liav«' aban(h)ni'd tlicir aiicituit iiaunts on the Ameriean coast and to iiave ini^jrated in a body to tlie nurtlicasterii shores of Asia and the ishinds off tlie Siberian coast and .Japan, where they abound. Their phices ou the American sliori's are now taken by the fur-seal, whi«'h of late years seem to be steadily on tln^ increase. From ifS.')?, the date of the tirst white settlement at Neali l>ay, to 18(1(5, but few seals were taken. They wtnc^ in those years very scarce, and it is only h'mh-a' IStiO that they have been known to result to the vicinity of Fnca Strait in such larjife numbeis. The majority of the seals killed by the Makahs, or Cape Flattery In- dians, at tile commencement of the season are females and yearliiif^piips; the older males appear to keep well out to sea and are seldom taken near the shon^ until toward the ch)se of tin; season. The female seals killed by the Indians invariably have ftetuses in them in various stages of develoimient, according to the month when taken.' 1 procured of an Indian two f(ctal seal pups on tiie 2()tli of May last, which I selected from a lot the Indian was skinning; they were far enough advanced to be skinned, althongii their pelts were wortliless for trade. These twospecinuMis I gav'(! to Professor Jordan, who has them among the collection he made at Neaii Bay. The tim«^ the fur-seals make their ap[)earance in tin; vicinity of Cape Flattery varies; generally they do not appear before, the 1st of March, but this season tlie tirst were taken on the ISth day of .lauuary in Fuca Strait near VVaadda Island, at the entrance to Xeah IJay. The Indians killed on that day forty-tive. This is aseariyas 1 have any recoih'ction of, although the old Indians tell me they have known tlieni to make their appearance, but rarely, as early as the last of December. I tliiiik their appearance for an average period of ten years past would beal)()ut the Ist of March. They remain s(»me seasons as late as .1 uly and August, but in 1880 the last <'atch was made alxtiit the 2(>th of .lune. Until within a few years past the Indians have gone to sea boldly in their canoes, starting (mt by daybreak and returning at night. Tiiree men usually go in a canoe at such times. Latterly they iiave [)nt their canoes on board the sealing scliooiniis which take them to the siialiiig grounds and lay by while the Indians went off in them and speared the seals. The canoes taken on board the schooner have but two In- dians in each. * * • * # * « The Indians here never use fire-arms to kill seals. They say the re- port would scare them away, and they strongly object to wliite men using rifles ou the sealing grounds. Of the catch on the American side, that portion taken by Indians who went on the schooners, 4,710 skins, one tliird were given by the Indians to the vessels to pay tor transporting tliein and theii- canoes to the sealing ground, amounting to 1,570 skins. The remainder .'{,110, 'Mr. Swan tliiiiks it i)()Hsil)lo that tliH soals hriui; fortli tlu'ir .Viniiitj in tlic (lecaii, and says that many of the si^alers agrct^ witli that ii|iinioii. ilr. II. \V'. lOlliott, how- ever, feels cortain that it would lie iiiipossible for the newl)orn sejils to live in tiie ocean, and thinks that no seals at Ca|)e Flattery are so far advanced in ]»re;;nan<-v as to 1)0 unable to reach the Pribilof Islands before the pupa are boru. — A. Howard Clark ' ' 'I !>i| 'f liJi i ' I asisa 286 EXTRACTS FROM VARIOUS I'UnLICATIOXS. ' I luldod to the amount sold by tln^ liidiiiiis to traders, iiidi'pondent of the scliooiieiH, 1,.").^ .skins, makes a total ot" 4,(>!KS .skins, for wliicli they received from the trader.s, in cash and trade, an averiij,'e of $1> per skin, e(jual to i^t2,L'.Si!. This sum divi(h'd amonf^: two iinndred and thirty- two Indians, the whoUi number wlio were en^'ii;;ed in sealing during; the season, gives a little over $181! to each Indian for his six months' work. The tf)tal value of the fur-seal catch of (},2(»8 skins reported at iS'eah liav, as taken by the Indians of the Makah Reservation, at $9 eacii, is $".(';, 4 lli. This shows the value and importance of one of the interests of Wash- ington T(M'ritory of whicdi hitiierto but little has been known, it being evidently for the pecuniary advantage of the very few persons who )i'>\-e engaged in it to keep the public in tlu^ dark as nuich as possible regarding its extent and value. Tiiis sea.son, however, has .shown an increase of tlie vessels employed, and it is more than j^robable that the number will be increased anotiier season. The ut.precH'dented nund>er of .seals which made their apptsirauce, a nulnb^^r wliicii .seems to have steadily increased each season since hSfWJ, will give employnumt to a larger Hect of vessels another year. One of the cai)tains n'lnarked to nie, " I f a hundred .schooners could have obtained crews of Indians, there were more than enough seals to have satistied them all." •) i;, . lii M EXTRACT PROM THE TBSTIMOWS GIVEN BY JAMBS O. SWAN BEFORE A COMMITTEE OF THE UNITED STATES SENATE.' By Senator Allison : Q. I want to get at your general idea of the treatment of seals and the rt.sheries as a whole question. You think there is an exhaustless supply of lish here, and that the number of seals is not diminished, and yet the seals feed on the fish? — A. So far as the salmon go, they have diminished them, no doubt about that at the Columbia Kiver; they have been very destructive this year. They have destroyed the nets, and not only seals have done that, but sea-lions and all animals that make fish tlieir food. Q. You think they ought to be killed before they reach the mouth of the Columbia? — A. 1 think they ought to be killed off the coast ot California. By Senator Dolph : Q. Do you tliiuk that they would have made mu(;h of an impression upon the salmon at the mouth of the Columbia if it had not been for the fishermen and their nets, and traps, and i)ounds? — A. 1 don't know that they would: but at the sanui time I don't see why they should be preserved, unless it is the fashion. Q. If a seal is shot with a ritie, wounded and not killed, what does it do? — A. I supi)ose it goes off. Q. Does it dive or sink? — A. I think it dives. Q. Then we must charge to the wanton destruction of seals all that are shot in the water and not killed at the drst shot; they escape cap- ture, do they not? — A. Yes, sir. Q. Have you any idea about the proportion that would be wounded. ' Senate Report, No. 1530, part I, Fifty-first Cougress, first session, pp. 288 to '.'90. i 14 TESTIMONY OF JAME8 O. SWAN. 287 18 and not killed by shooting from fl.sliing ves8olat — A. No; I luivo no Statistics to refer to. Q. At what age is the seal's skin valuable! — A. T\v(» years. Q. Are there one year old seals in tlieso sehools? — A. Yes, sir. Q. Are they ever shot? — A. Yes, sir. Q. Is that aloss — all those that are killed atoiieyear's ago! — A. Those that are killed are a loss, of eoiirse. Q. And tliose that are wounded at one year of age? — A. Yes, sir. Q. When a feuiale with pup is killed tliere is a loss of life not only of the female herself, hut of tiie pup also? — A. That is true. Q. There are two losses? — A. Yes, sir. Q. So that this nietliod of shooting seals at sea uiust ueeessarily bo very destrnctive, aud a great many more seals must be destroyed than are taken ? — A. Yes, sir. Q. So that the economical way would be to take theui at tlie rook- eries, where they ctl, of San Frnnclnco. liiiiU \Vi(Hl(iii;;l(>ii. oldiT npoils. (S;in KriiinlsiM) H.rald, May :«>, 1H07: Alfa Ciilil'iiiiiliiii. .I(il\ 'J«, 1HU7; Aim. Ilyilr., IHOT, 11))., 4-.!5 and 5Ua.) The IT. a. N. P. Surv. Exj)., when at San Francisco in IS.W, found vcpiM'ts in circniiition (tf the existence of an island, or a {>roui)of islands, in that i>artoitlie Pacitic Ocean, t»t which the positions in the opposite coliiinn refer. It was snid that a rookery of seals existed there, and the place was kept seiuet in order to secure the exclusive exhaust i of it to certain parties. Sul».seave from actual ob.servation, descrihinj;' it to be about liO miles hnig and very low; and the master of tiie bark Wasfiiujito)!, reiKU'ted in 1S(»7, as follows: "On my passajje from the Siindwich Islands to the luuth- westt'oast of the United States, when in latitude 40^ ()(•' N., in a dense fo«i', 1 perceived tlie sea to be discolored. S(»undiii};s at first {jave peat depths, but diminisli(>d gradually to fathoms, wlien through the mist an island was seen, alon;;' which 1 sailed 40 miles. It was covered with birds, and the sea swarnu'd with seal and sea elephants." The tlaj?- ship of the U. S. N. P. Surv. Exp., on her way home, searched for this island, and sounded (dose to the i)osition in which subsecpiently ('aptaiii Kentzell placed it; bottom wasthoufjht to have been reached at 2,G00 fathoms, but no indicatiiui of land was perceived in the vicinity. In ISoH II. B. M.'s ship Trinmuomnh' searched tor fourteen days be- tween tlio parallels of ;{!»o :W and 40° 30' M. and the meridians of 148° 'M' and 1"»L"^ 00' W. withcuit lindinjf anythiuff. The mail steamer Colo- rado also has passed repeateilly near this region, looking out for the reported land without success. In 18(50 the Japanese slooj* of war (Jandiumnniih came over from Japan to San Francisco, guided by Lieutenant John M. Brooks, U. S. N., who had taken passage in her. The following extract from her log, kept by that otticer, refers to this mysterious part of the ocean: "March 8, 18U0, noon. Latitude '41° 10' 20" N.; longitude 140° 29' W. Fresh breezes from N. and VV., with frequent squalls, heavy sea, PAPRR BY WIT.I.IAM PALMRR. 289 148° lo/o- Itlie rmn ,S. Fog, 29' sea, color very iimch as on s<»uii(liii};s. At I lirs., .'{() iii. had just rom- piitcd loii;;itii»l»- wluMi Captiiiii Toiiioyoroli and otliiTS iiislird in my room ill ;ii*Mt «'\cit«'m('iit, ri'portiii}; land in Hi^rlit. I ran on di-ck, and one of my men, an American sailor, foinin^ down tVnni alol't, said he Ntiir loir liiinl iiud Int'dkrrs (ihinil, extending tliiiv pnints on tli. star- hoard Ixiw; also on tlic wcatlicr bow. I llicn'rorc wore ship, and stoop on by flu- wind S. by \V. I llien w<>nt alolt with another of my men, who said that he could s(>e low laiidaiid lireakers on t he lee; but I could not. althou;;li usin;; an opera tilass. 'I'he sea appeared rather white on the hoiizon; tliere were also some birds; t ie passing;' cloudy snow S(p>alls, however, prevented seeing: aiiytliin;;(listiiictly. After staiidiiif; L'A miles S. by W. wore a;;ain and steered the old course, 10. by X., which, if there hae(;ame clearer in that direction, but not hi nj;' was to be seen like breakers or land; all admitted that if it wt^'c theie we would have seen it. I supposed, when laud was reported, it mij;ht be tlni islaiiu ' lliawallia,' which ("oinmodore l{o;;ers had looked for, and was in hopes that we had made adiscovt'iy. I presume it was a snow scjuall; the clouds (cumuli) were very heavy and low »h)wn. I'^rom the noon position we had ran 17 miles on an 10. by N, eouise when land was re- peated." In dune, IStlT, finally, the schooner CaroHiu' Mills, ('aptain Turner, was scut out expressly by S;'.', l-'rancisco nwrchaiits to search for the rei)ort«'d land. On the 17th sIk^ was in a position -I miles distant from its snpp(»s«'d N'W, i'xtrcinity, with a lijiht bre« ze and a clear atmos- phere, but there were no indications of laud. On continiiiiij; she was at midni^i'ht within half a mile of that point. Approachiii;,^ it the s(>ii la'canie or (1 nnles northwest of iiie supposed island and continued tor IMKI uiiles to the eastward, exieiidiii^ H> de;Lirees of loiif^i- tude ui> to l-'WP 00'. On soniidii>;.i at noon on the 17th bottom was not obtained with 100 fathoms line; at 10 hrs. p. m., within 4 or ."» miles of the supposed land, no bottom at ."m fathoms; on the ISth at 4 hrs. a. m. no bottom at 00 fathoms, and at 4 hrs. ]». m. no bottoui at 100 t'athoms. The course cm that day was SVV. uj) to i<) miles from the reported posi- tion of the supposed island, when the sea became blue af-ain; then an eastern course was steered for, land ajipeariii}; to b«' at a f^reat distance. It was continued tor 75 miles lui the rep(»rt«'d jKirallel, but iiothinji' was seen. Everywhere sea birds (sand pipers) and numerous seal were found. From all this it would appear that the reports of the «'.xistence of land in this part of the Pacific Ocean are unreliable, and the '• discolored water" may also have been a delusion. EXTRACT FROM A PAPE2R PREPARED BY TVILLIAM PALMER.' « FATE OF THE FUR-SEAL IN AMERICA. [Read before tho Biological Socloty of Wasliiiifjton, 1). 0., October 17, 1891 and llliistratcrt by lantern slides.] The present condition of the Alaskan fur-seal islands is but another illustration of the fact that the ijjnorance, avarice, and stupidity of man have succeeded in reducing'' an overwhelmiu};' abundance of animal life ' Ab publislied in Forest and Stream fur October 29, IbDl. 12364 19 i i ti 290 EXTRACTS FROM VARIOUS PUBLICATI0N8. ill , ! iU that, by careful and considerate treatment, would forever have been a source of imintnse wealth, to such a condition that it becomes a ques- tion of great moment to devise means to prevent its extermination and adopt measures to restore its former abundance. In 1867 the United States purchased of Kussia for $7,200,000 all of the territory known as Russian America and now as Alaska. At the time it was expected that it would prove a paying investment. Great tales were told of the fabulous wealth that was there in the shape of lumber, coal, precious metals, etc., and but little stress was liiid upon the fact that fur-seals were found in abundance upon two small islands, but nowhere else in North America. Now, after the experi- ence of over twenty years, what is the resultl Alaska itstlf i)ay8 almost nothing into the National Treasury; in fact, it takes t)ver $200,000 yearly to support its management, wliile the two little islands of St. Paul and St. George, with a direct yearly expenditure of less than $20,000, have almost returned to the National Treasury the large sum paid for the whole of Alaska. The net income from the seal islands for the past twenty years has been in round numbers $0,000,000. The act income for the next twenty years, based on the bids of the new company holding the lease, would be over $20,000,000, but the actual amount will be less than a million unless stringent measures are taken t« i)revent a further decrease of seal life and to provide for better methods of management. It will be seen by this that the i)reservation of seal life on the Priby- lov Islands is really deserving of the utmost consideration and that a proper enforcement of tlie best means and measures is demanded even from a purely business point of view. Rainy, foggy, and colJ, nasty weather is the rule on the islands, and to this fact is greatly due the residence and abundance of seal life during the summer. Wherever a rocky sloi)e extends into the sea thera the seals liaul out and form a colony. On St. Paul's there are nine of these places, the smallest liaving a sea margin of 750 feet, while the largest, that at Northeast Point, is 15,850 feet in length. On St. (lei)rge's there are five, with an average sea margin of only 700 feet. The average width is 100 feet. The seals on the island are divided by name into four groups or divisions, wliich are well known to everybody there. Tlie male seals of seven or eight years old and upward are known as bulls, and are the only males large and strong enough to maintain a position on the breeding gnmnds. Tiie female seals are known as cows, while the young seal of the year is called a pup. The male seals one year old and upward are called " holluschickie," or bache- lor seals, and it is from the ranks of these that the killable seals are taken. The breeding grounds are known as rookeries. In 1874 Mr. Henry W. Elliott, as the result of two seasons' work, estimated that there were on the rookeries 3,193,000 breeding seals and young. Last year, as a result of another survey of the rookeries on the same basis, it was found that less than 1,000,000 breeding seals and young were left. About the end of April there appear about the islands a few old bull seals. These gradually increase in numbers until by June 1 all have arrived and oc('ui)ied positions on the rookeries. This is only done as the result of continual fighting and bellowing, which is kept up inces- santly. About June 10 the cows arrive and by the middle of July they have all landed on the rookeries. Soon after the cow lands, sometimes the same day, she gives birth to a single young, and in the course of a week or two returns to the sea to ;KZ luls, and seal life lea theia >, nine of bile tlie On St. TOO feet. Med by eiybody vavd are oujih to als are . The barhe- als are 74 Mr. a that Last le basis, iig were L87 PAPER BY WILLIAM PALMER. 291 procure food. For this puri)08e tlioy travel from .50 to 100 miles west, southwest, and northwest of the islands, where they only too readily fall a prey to the seal hunters, who have learned to await their arrival at these places in Bering Sea. While the fur-seal is a quiet, sliy, and easily alarmed animal, it has several peculiar habits which are taken advantage of by the seal hunt- ers and render its capture almost an easy matter. Fur-seals are com- 'uonly seen scratching themselves while at tlie surface of the water. A seal, having satisfied its hunger and desiring to rest, will ascend to the surface, and with only the tip of its nose and a small ju.rtion of its back, with now and then a tlipper, out of water, will sleep, though in a rather fitful manner, or, with closed eyes, it will roll over and over, keeping its body in a continual slow motion, with one tlipper gently beating the water, and bending its body in every conceivable ])osition. I had many splendid opportunities of observing this habit of tlie seals. On one occasion 1 v, adcd out until I could have touched with my fingers a fur-seal floating on the surface. With its eyes closed it rolled over several times a minute, at the same time bending and twisting its body into eveiy possible position, using one of its fore flipi)eis as a i)addle, and occasionally scratching itself with a hind flipper. I stood thus for more than fifteen minutes, and could at any moment have easily killed it. But suddenly, as it was slowly drifting to leeward of me, its great eyes opened, a look of astonishment seemed to ])ass over its face, and in an instant, with a gi'eat plunge, it had disai)i)ear(Hl below the surfa(te, only, howevei", as is the habit of the fur-seal, to rise again a few yards away, take a last look at the strar ge object that had alarmed it, and again disa]>pear, this time for goot.. It is to this habit of the fur seal iiiat the success of the pelagic seal hunters is due. On a calm da.r hundreds of the seals nmy be seen on the surface engaged in this majMier. The poachers are provided with canoes, mostly manned with Puget Sound Indians, who stealthily i>ad- dle up to the unconscious seal from leeward and, shooting it through the head, immediately attempt to prevent its sinking by catching it with a pole armed with hooks. It is known that from five to nine of the seals out of every ten that are struck sink before they can be reached, 80 that the waste of seal life by the pelagic seal hunters is from oO to 9t) per cent. But there is to be added to this statement another fact. The greater number of the seals cai)tured in the waters of Bering Sea are females which are on their way to or have left their young on the rook- cries while they are seeking food. As it is a well-known fact that a mother seal will oidy suckle its own young, and that the young seal is unable until it is several months old to procure its own food, it neces- sarily obtains that the death of the jiup follows that of its mother in a short time. The numbers of dead pups about the shores of St. Paul's began to attract my attention about tlie middle of .Inly last year. On Aug. 2 I sto"d on Zoltoi Beach and counted 17 dead jmps within ten feet of me, and a line of them stretched the whole lengtli of the beach. Many of tiiem starve to death on the rookeries, but by far the greater number sink in the deep water along the margin of the rookeries.' 'Tlie remain) fif,' portion of this article appears at page 187 of tie Report of the British Bering iSea Couiuiidsiouers. birth to le sea to 292 EXTRACTS FROM VARIOUS PUBLICATIONS. t: Vll 1 1 EXTRACT FROM PRODROMUS OF THE ZOOLOOT OF VICTORIA, DECADE VIII, B7 SIR FREDERICK McCOT. Having told my friends, Trooper Ardill and the sealer Ross, that I shonld like to have tlieir observations on the creature in writing for publication, the former furnished me with the following interesting account, which I give in his own words, conveying Koss's observations and his own : CowES Police Station, l^th March, 1880. In reply to your enquiries relative to the seals which frequent the seal rocks oft' Phillip Island: The seals come to the rocks about 1st October. The time of bringing forth the pups is between 10th Novem- ber and 10th December. They do not commence to breed until they aie three years old. The nmle (or bull) during the pupjting season will ascend tlie rocks and stop for one or two mouths without food, and is extremely attentive to the female (or cow) and pui)s. When the females fight and quarrel he restores order. The bull is very fat in the begin- ning of tlie season, and yields from five to ten gallons of oil, and in three weeks after will hardly yield one gallon, tlie yield, of course^de- pending on the age and size of the bull. The cows are seldom killed, as they have very little lat. It is against the rule of sealers to kill a cow or the imps. They live on fish of various kinds, I have found the backbones of fish 2 feet in length. They eat leather-jackets, parr<>t fish, squid, etcr. I found one backbone 2 feet 4 inches long; it may have been a barra- cnta or pike; I don't think it was a shark. I have found a few Joints of a shark's backbone. The bull is very furious at pupi)iiig season, and when disturbed will go into the water and return in a few minutes. Out of season they go to sea in the morning and return at night. When fighting they strike each other like the boar. Their teeth are about 1^ inches long and cut terribly. I have seen cuts from 1 to 10 inches in length. The usual color is a yellowish brown, although some have been seen that were spotted, and some a beautiful grey," They generally select flat, inaccessible rocks, or, where they are not disturbed, they select the grassy pat(;hes. The cow generally brings forth one ])up; sometimes two. They keep good watch and care aftectionately for their ott'spring. They circle round them in rough, stormy weatlier, and keej) them from any wash or sea that may come over the rocks. I have seen three pups washed oft' the rocks and the cows have immediately followed ami bnmght them on the rocks j»;,aiu in an astonishingly rapid nmnner, I have also seen them catch a pup in their mouth and throw them 10 feet high and never hurt them. The bull's voice or noise is guttural, and when angry sounds some- thing like "oough, cough," Tlie noise is much heavier than any ani- mal I know. V»'iien trying to pacify the cows it sounds like "yah, yah," said quick and short. The noise of the cow is very much like a cow of the bovine species. The pup bleats like a lamb. Their sight is not so good, so it is generally said, I think myself I'l. ir sight good enough, tmt tliey not smelling man don't think he will harm Miem; when they get the least scent they are oft' like a shot. During the pupping season they keep up an incessant noise during the night and generally keep quiet during the day. They look clumsy 'TlUs is the variety flgurod in Decade LV, Plate 81. ('.)«' manning's voyages— marine mammals. 293 and awkward on the rocks, but they are very lively when on the move. I consider them as quii-k in their movements as any flsh that swims. They strike at one anotlier with the rapidity of lightning. I have seen one bull prevent another from lauding fn cle ish led ^•ht ave ^igh ini- ah, ^e a self Iwill hng jusy EXTRACT FROM A LETTER OF BENJAMIN PENDLETON TO ED- MUND FANNING, PUBLISHED IN FANNING'S VOYAGES AJiOUND THE WORLD, 1792 TO 1832.' Speaking of the seals on the coast of Chili, it is said: "It is this last named, viz, the seal fishery, that more particularly needs tlie assistance of an exploring by Government. Those vessels employed in this business have lately generally made losing voyages fr<)m the fact that those places which were the resort of the seals l-.ave been aban- d(med by them or they cut off from them, so that otivr discoveries are much wanted, while as an evideiu-e that these can be effected was our fre- quently meeting during our cruise in the ocean with numerous flocks or shoals of those amphibious animals, who, it is well known, must resort once in the year to places that as yet remain undiscovered." EXTRACT FROM SCAMMON'S MARINE MAMMALS OF THE NORTH- WESTERN COAST.o FUR SEALS. Our observations about the mouth of the strait of Juan de Fuca lead us to believe that the unusually large number [of fur- .seals] seen in tiie vicinity during the past two years are a portion, at least, of the great herd that resort to St. Paul and St. George. One reason for this con- clusion ir^, that no adult males are found with them. This would naturally follow the careful course adopted by the Kussians of sparing i:if?| M i ' p. 487. 'p. 165. !l 294 EXTRACTS FROM VARIOUS PUBLICATIONS. hi i ■ the females, in order to propajjate the stock. ^loreover, this female herd — for, almost invariably, those of the band wliich had been taken by the Indians were females — are found to liave fa'tuses in them that must ne<'essarily be brought forth in the course of a month or two, which would i)robably be about the time they would arrive in that far northern region. The Indians unanimously affirm that they come from the south and go to the north. It is quite certaii; that they do not resort to any islands in or near the strait, or the adjacent coast. As near as can be ascertained, the main body pass by the mouth of the strait during the months of March and Ai>ril and a part of May, after whicih comparatively few are seen. Scattering ones, however, remain till the (ilose of summer, as before mentioned. But where these count- less herds of fur-bearing animals resort to in winter seems a mys- tery. All we know is, that at the i)roi)er seasons of the year they come on sh ' ) I EXTRACT FROM VENIAMINOFP'S "NOTES ON THE ISLANDS OP THE UN ALASKA DISTRICT." From the very discovery of the Pribilof Islands up to 1805, that is to say, until the time of General Rezanott's arrival in America, the killing of seals on both islands was carried on without the least method or ec(»nomy, because there were many companies, and, consequently, many masters, and every one of them tried to kill as many as possible. But Mr. Rezanott", seeing that such a management of the industry threatened the final extermination of the seals, gave orders to stop the killing, and in consequence of these orders no seals were killed on these islands in 1806 and 1807, and all the eniploy(^s were transported to Unalaska. In 1808 orders were again given to begin killing them, but circum- stances that year only admitted of their being killed on St. George, and they were not killed on St. Paul until the following year, and even in the fourth year (1810) there was only a half catch there. From the time of these dose-times, that is to say from 1808 on the island of St. George and from 1810 on St. Paul, up to 1822, killing was carried on on both islands without the slightest e(!onomy and even with extreme recklessness, so that the bulls were killed for their skins, and the females perished by hundreds during the drives and on the way from the rookeries to the slaughtering-places. It was not until 1822 that Mr. Muravieff, the chief manager, gave orders to spare the young seals every year for breeding ])uri>oses. But the then manager of the Pribilof Islands, instead of sparing fifty or forty thousand seals, as he should have done, in accordance with Mr. Muravieft"'s instructions, did not spare nifn'e than eight or ten thousand during a period of four years. Mr. Chistiakoft", who was governor of the colonies after Mr. Muravieft", presuming that, in consequence of the instructions given by Muraviett", the seals on St. Paul had increased in these fouryearstoat least double their former number, and receiving assurances to that ett'ect from the manager of the Pribilof Islands himself, gave instructions to kill 40,000 ; and the new manager of the Pribilof Islands, in 1828, after employing every means to kill as many seals as possible, that is to say, to extermi- nate the seal species, with all his exertions procured scarcely 28,000. rpart II, pp73«8-382. T VENIAMINOPB*. 295 •St. on Subsequently, when it was plainly seen that the seals were decreas- ing more ami 'more, owing to this numagement of the killing, orders were given to observe the greatest care in separating the adult and young females from the seals which were to be killed, and to emleavor to spare as many as possible even of the kind which had to be killed. But all this hardly sufticed to keep the number of seals stationary, and did not at all increase their numbers. Finally, in 1834, the board of administration of the company, in conse([uence of tlu; convincing argu- ments presented to it by Jiaron Wrjingel, resolved to make a new arrangement on this subject by sacrificing i)resent ])rofits, and in con- sequence of this only 4,0t)0 seals are now killed on St. Paul instead of 12,000. Close times were observed for the se.ils on St. George in 1826 and 1827, and since that time great care and economy have been exercised there in killing the seals. From these facts it is evident that it was not until 180'), i. e., at the time of tiie consolidation of the companies, that any care was taken for the preservation of the seal species. It is also evident that half-measures aif, of no avail, or that, at most, they only tend to preserve the seal species a little longer, and the present measures, under present circumstances, are by far the best. And if this policy of the company is continued for fifteen years, to wit, until 1840, it may be confidently asserted that the seal si)ecies will have more than trebled, and, with economical maiuigement, will long continue to yield enormous profits. In the contrary case, however, if the com- pany should be intent on present profits, the seals will very speedily be exterminated. Table No. 2, annexed to this volume, suffices to prove this. Almost all the old inhabitants believe and assert that sparing the seals, that is to say, not killing them for some years, does not contribute in the least to their increase and only amounts to losing them forever. They prove this by the fa(!t that after close-times there always have been fewer seals than there should have been ; as, for example, on the island of St. George after a (ilosetime of two years for 5,500 seals, in- stead of taking ten or eight thousand in the first year, as they had hoi)ed, only 4,778 were taken. But this opinion, however convincing it may appear, is entirely erroneous — 1. Because it is impossible that any species of animals or cattle should perish of itself. 2. Because very many persons here believed it to be beyond a doubt that the female seals begin to bear in their third year, that is, at the expiration of two years after their birth; but as none of the close times known here lasted more than three years, it was impossible to see what was the real increase. In fact, after a careful comparison of all the results of the (ilose-times, it is evident that the cows do not begin to bear earlier than the fifth year of their life. The proofs of this are the following: a. In 1828, after the first close-time on the island of St. George, the seals continued to decrease steadily at the rate of one-fifth annually, until the fifth year. In the fifth year the decrease ceased. In the sixth year there appeared an increase of one twelfth as compared with the preceding year, and in the seventh year there was an increase of one- seventh (see Table No. 1). This shows that the females born in 1828 did not begin to bear until their fifth year; and, taking into consideration the fact that the largest increase occui'red at tho expiration of six I I '.1 296 EXTRACTS FROM VARIOUS? PUBLICATIONS. <■;( 'i''r y^ 11* i I' ■■^ ! Ih I ii ^$1 ti ■ years, it is evident tluit all the females did not begin to bear even in their lit'th year. b. It is well known that the male seal may beeome a ball (sekat(^h) in his sixtli, bnt not earlier than his fifth year. Can it be said, then, that the females bear before tlieir Ibiiith yeiirf c. If the male seal <'iUinot become a bull before his tifth j'ear, then, since according to Untton's oi»inion an animal may live seven tinies as long as the time which is ie(inired fen- it to reach comjdete maturity, the male seal may live at least thirty j'ears and the female at least twenty- eiglit years.' Taking lintfon's opiniim as a basis, and employing the converse rea- soning, it follows that an animal does not arrive at complete matnrity (and, consequently, cannot procreate his species) until he has com- pleted the seventh i)art of his life. It follows also that the female seal cannot bear befure her fourth year. There is, therefore, no doubt that the female seals do not begin to bear earlier than tlieir (ifth year, that is, at the expiration of four years of their life, and not in their third or fourth year. It may be admitted, of course, that some females have young as early as tlieir fourth year, but this is the exception, n(»t the rule. In onler to be more thoroughly convinced of the fact that the cows cannot bear in their third year, it is only necessary to glance at the two year old female, and compare her with the bull and the mothers, and every one will then say that it is impossible. Do the cows bear every year? And how many times do they bear in the course of their life? It is very ditlicult to decide these ipiestions, because it is impossible to nmke any investigations on the subject, but it is tiionght that the cows bear annually during their early years, and every other year wlien tliey gr(»w older. Consequently they nnty have, under ordinary circumstances, from ten to lifteen pups in the whole course of their lives, and even more. This o])inion is based ujton the fact that ((xcepting one year. 1S,}2) no very great nur ber of cows has ever been seen without pui)s; but it cannot be said tuat unpregnant females never visit tlie Tribilotf IsUmds, because such are seen there every year. As to the number of cows which have no pups, it may be assumed with certainty, according to the o]>inion and the ocular obser- vation of the old inhabitants, that not more than one tifth of the cows that are seen are barren. Still, in order not to lead others as well as myself into error in my estimates of the increase of the seals, 1 esti mate a third (as barren). There is (»ne more question which is very important in estimating the incr<>ase of the seals, viz : Of the number of seals luu-n in one year, how many are males? And is the number of females always equal to the number of nuiles? Judging by the bachelors which acenmulated during the dose-times, that is to say', in 182li,lSl2;5, lS2-t,on St. Paul.andin 181iG-'L'7on St.Ceorge it is evident that the number of bachelors was very variable; for in. 'This opinion is corroborated by the observations of the old inhabitants, and par- tienlarly tliat of one of the best ereoh's, Shayashnikotf, who, on his arrival at the ishmd of St. Paul in 1817 noticed one young bull (recojjnizable by his bald hea(l), who at that time already had a larjjo herd of eows, equal in number to tliose kept by the vigorous old bulls. It must, therefore, be i)eliev«d that this male became a bull more than l^ve years previous to tliat time, anil that, consenui-ntly, lie was then more than ton years old, and this bull visited tlie island of St. I'aul regularly every year until 1832, i. c, for lifteen years longer, and always occupied tuie and the same Bpot, and it is only in reiciit years that they have noticed that the number of hia cowH wut) grow lug less uud less. > . . tinj; tlie iir. how to the -times, .(ieoij^fe for ill. iiul par- :il at the \i\ head), 1090 kept liecaiiiH a was then ly every the same er uf bU VENIAMINOFP. 297 I stance, on the island of St. Paul ll,0'.X)soals were spared for three years, and in thefoHowiiig three years 7,(M)0 baclielors were killed there, t. <■,, almost two-thirds of the number whicli had beea spared; and, on the other hand, from 8,500 seals which had been spared for two years ou St. (Jeorge, h'ss than ;J,000 were obtained, /. c, little more than a third. What is the cause of this variation f Is it because in some years more bachelors or males are born than in others! Or are there years iu which many cows have no pups? Both [suppositions] are probably true. I tiierefore, in accordance with the opinion of the hunters, estimate that of the number of seals born in one year half are males and half are females. In proof of the many facts with regard to seals related above, Table No. 1 is hereto annexed, giving the nnmbei- of seals killed ou the Tribilof Islands from 1817 to 1838, From this table it appears that — 1. There was not one ordinary year in which the number of the seala killed equaled the number in preceding years; it was continually grow- ing less and less. 2. The decrease of the seals is not uniform; sometimes it is a six- teenth, sometimes a tenth, sometimes a tifth, and even two-sevenths, but, on an average, an eighth. 3. Hence, under the ordinary course of the killing, within less tUau fifteen years the whole seal species may be externunated. 4. The least decrease is usually at a time when tliere was a less nund)erof bachelors than in the preceding years (/. c, when the young seals were not entirely destroyed), and the greatest decrease occurred when the number of bachelors had been less. "). Tlie number of bachelors is the true measure or criterion of the actual number of seals; in other words, if the bachelors increase in numbers, the young females, also, increase, and vice versa. G. The bachelors se])arate from the herd, and assemble in herds apart, not earlier than in their third vear, as was seen bv the dose-times ou theislands of St, I'aul and St, George (1822, 1823, 1824, 183o, 1830, 1837, and 1820-'27). 7. The decrease of the numV)er of seals on the island of St. George after a close time of two years (1820-'27), contintied for two years and steadily at the rate of one-tifth. 8, In the tifth year after the first close-time, the decrease may be re- garded as having ceased; in the sixth year there was an increase of a twelfth, and in the seventh year of one-seventh, and subseipieutly the number of seals remained almost the sann^ for three years. y. If no close-time had been observed on St. George in 1826-'27, then, assuming the decrease as only an eighth (see sec. 2), not a single seal Wv»uld have beeu left ou St. George by 1840 or 1842, as appears by the following table: Tear. Seals. : Tear. Seals. Tear. Seals. 1 Tear. Seal*. 1825 5. .500 4. 4lll> 3. .520 2,81H 1 1829 1 1 2. 4(18 1 snu 1 1 nfiii 18:)7 700 1821! IHIO 2, Itii) 1. 8!)l) 1,554 j is:u 1, 1'Jii 18118 580 1827 IS.'ll I(i:i5 1.040 850 IS'li) 600 182i! 1832 1836 1840 400 The decrease iu recent years, however, must be estimated at more thau oue-lifth, because the smaller the herd the fewer the bulls, !i I ■ 298 EXTRACTS FROM VARIOUS PUBLICATIONS. iJi * Vl- ill i< If.; ( .1 i. that ia to say. tlie i»rotector.s of the herd, and consequently so much the more quickly would the orks exterminate them. 10, Ilence a dose-time of two years presers'ed the seal species for more than ten years, and the loss sutlcred by the company during the close-times (about H,oOU) was far more tlian repaid; and the more so as, if the contpany had not observed a ch)se-time in 1H2rocured more than 24,(M)() from IHliO to 18.'{.S, i. e., in twelve years; but by having a (dose-time for only two years it pr(M'ured;U,r)74.40. — A, Mr. Boscowitz should have l)ai(l for it. I charged it up to tiic Grace and gave Mr. lioscowitz credit for it. These boats are supposed to be owned by Mrs. Hannah War- ren. That is one of the items — there is the Dotpliin^s chronometer. That was charged in the general books which they had no business to put in here. It was charged here, but should have been charged in Mr. Boscowitz' sealing books. Afterwards, to keep a correct account with the sealing schooners, I afterwards brought it into these books. 801 m I ; 1 302 OWNERSHIP OP CKUTAIN HRAIJNO VFSMKLS. I jrnvo Mr Il<»s«!(»wit/. credit for i!».'i() l.4(>, wliich li«i iictimlly lun'or paid out. It was joiirniili/od; fiiii stciiiiiei' /{arhtira t{i>scinnt:; mniu'y paid that (Hit. I ^Mve liitn credit tot- it, and cliai'}<:cil iiiiii as you will iiud in these bool\.s, and it is chai'^^cd tlicrc to .loscph liosccnvit/, and credited to HoMcowitz in these books, and there is the entry. Here is the lios- cowitz account in tlie .sealin}; led;;er; tj^cre is tiie whole f.'iOl.tO wliicli Mr. liosc(»\vitz is(!redited witli, and tM ditl'erent schooners are cliarjjed with it. Tliere is the entry. H'»7. i). Now, where are tiie IxKtks of, I. 1). Warren & Co. where those thiiiff^ i»i'<' ''harjfedT — A. Well, I ;{iiess that is the cash hook. That is the wintlinj^ uj) of the sealing hnsincss. He (twed the sealing business U $liL'.000.()(». That is what they made out of it. .S."»S. i). And that balance was divided between tlienif — A. That balance was divided betMeen them, but it never appeared ou the books. That is what brings the balance dowu. i !• ! ! 1 1 I -n } l).Vi::i i i: ■ . ill' V (SECOND DAY.) June 5Tn, 1889. Georob E. Mi^NRo, under cross examination by Mr. T. Davii:; 020. (J. Tiiere is nothing in Mr. Bales' account subsequent to this account marked 11, 1. Mr. Hales' account only makes up the balan(;e, $-17,274.(i'J, with which both accounts start. So, you see, there is the whole account. Now, I want you to give me an answer. The question 1 just asked you was, how is it that the comi>ined balance of Mrs. and ('apt. Warren's acM'ounts anumnts to the identical sum which is shewn in " II ' 1, whicii ('apt. Warren's amounts tof I want to know if you can maJvC it out by any of the books which you have shewn ? — A. There are some of those items you have got that (hm't appear on th«' books. O.M). Q. Where do they appear?— A. Well, there is that *17,()(M).00, that appears in the account and not in the books, to the best of my knowledge. 031. Q. You took that from some book, some account? — A. Not ne«'essarily. Well, these accounts was divided up between Capt. Warien and Mr. Boscowitz. 0;W. Q. You refer to the amount of $17,080.0.".?— A. Yes. 0.S3. ii,. That was divided up between Oapt. Warren and Mr. Boseo- witrJ — A. That was divided up between (3apt. Warren and Mr. Bosco- witz. 034. Q. Tliat amount was the net gain, was it not, of the sealing sea- son of 18S(»?— A. It vras. 03r>. Q. Capt. Warren took half and Mr. Boscowitz took half. I cpiite understand that, but does that fai;t isccount for this account? — A. That item is right here. m (THIRD DAY.) George E. Mitnro, under cross-examination by Mr. Davie : 1058. Q. That is all I wanted to know. $3,200.00 out of $14,104.00 leaves $10,004.00, which was paid to him in cash and the first amount paid by him on account of the sealers. Can you tell us by looking at the books how much money Mr. Boscowitz during the year of 188t> put 'i. WAKkKN V8. BOSioWITZ ANI> « OOI'KH. 303 ioseo- Josco- JIE: 1104.00 iiount ling at Ijtiput into tho seiilerisT — A. Somewhen' iibonf between ^lO.OOO.OO and $r>(MMK».(H). lor»0. i).. II(»\v niiicli do viMi inakc it hero? — A. That is not('xa<;t; tliat is roiigli, to tin*, lu'st of my kimwled;;)'. 1(K;o. Q. Docs tliat iiu hide tllo " H. Hoscowit/" balanceof«;{,LH)0.(»()f— A. Y«'8; it docs. KMil. i). Wlicre is it?— A. (»\>intinK.) ThcnMt is. lOtil'. Q. Well, it was * IS, 1 <».{.•)(>?— A. That is only rough. It is between ij(4().()0(M)0 and ii!rio.(H)o.(K». 1(M».'{. Q. VVliat moneydidCapt. Warren put in thatyear; anytiiing? — A. I don't tliink so. 1()(»4. Q. Well, whether it was !?r.(),( (00.00 or $(10,000.00? WlTNi;ss. )?40,000.00 or l?r)0,00(KOO. lOOo. Q. Well, you call it * 10,000.00 or .*r>0,000.00. I think I shall shew you presently it was )?( 10,000.00. IWit whatever it w;is it was all put in by Mr. IJoscowitz. The net prolit was how nuich? — A. $17,0S0.9r». 10(»(». i). Ami was not that divi. Q. Was it not a fact that Mr. Boscowitz did i)ay the charter money for these schooners at the rate of $20(».00 a month? — A. I don't know who paid it. 1077. Q. Y'ou know that it was charged in the account to Mr. Bosco- witz. Did he not i)ay it? Tell us what sum they were chartered at a month? — A. I am just looking for it. 1 don't think the amounts — they are not put down here. 1078. Q. But it is a fact that they were charged by Grifliths, the assignee? Mr. Taylok. The charter party 8i)eaks for itselfi I i ^ii.fii BBBB 304 OWNERSHIP OF CERTAIN SEALING VESSELS. 1079. Mr. Davie. Besides that, was it not a fact that Mr. Boscowitz was allowii'i,' $100.00 a month to Capt. Warren besides half of the profits! — A. Well, I don't know that Mr. Boscowitz allowed it. I be- lieve I put it down and had a row over it with Mr. Boscowitz. • • • • * • • ^ 1115. Q. You might tell mo this before I sit down. This account " K" shews tiie balance of profit to be $2:.', 140.20. EIow is that reduced to $17,000.00? You can just give ustiiat by tlie books. — A. There was a loss on the Thornton of $4,001.48; that is, the '■'■ Thornton^^ sailed for the Behring Sea and never returned. Haevey Combe, Dep. Reg. Sup. Ct. B. C. n I m < t i iff I I I! I, EXTRACTS FROM THE EVIDEISTCE IN THE CASES OF WARREN vs. BOSCOW^ITZ ET ALIOS AND BOSCOWITZ vs. WARREN ET AL., IN THE SUPREME COURT OF BRITISH COLUMBIA.' As to the interest Joseph Boscowitz had in the sealing business carried on between him and J. D. Warren, from the port of Victoriii, B. C, for a number of years, beginning in 1808, and with occasion.'il intcrrui)tion8 of a year or more, continuing up to 1887, the followi.<^ evidence a])pcars in a trial in the supreme court of British Columbia before the i'liief justice and a special jury, Mrs. Hannah Warren, wife of J. 1). Warren, being plaintill", and .loseph Boscowitz and T. H. Courtenances, schooners, etc., at this date, ' liractically belonged to Boscowitz. On page 8 of the repcu'ted evidence the following statement appi'ara: " Mr. Taylor asks for lu-oduction of bill of sale and mortgage referred to by Mrs. Hannah Warren in her aft't. of production and also in the notice to prodnce, stating that at the time a receiver was first appitinted it was attached as an exldbit to an aflidavit. Mr. Davie hands it to Mr. Taylor, asking the court to note the fact, stating the date of the documents to be 20th Fby., 1880, on which: '1, Joseph Boscowitz, now residing in the city of Victoria, under and by virtue of an indenture of mortgage dated the 0th Feb'y,1884, and registered the 3rd March, 1884, for securing payment for the sum of $li),0(M>, w itli interest, and an inden- ture of mortgage dated the 8th July, 1884, and registered the same 'ludosed iu Couaul Muyor's disputcli No. 197. !> Ill ' WARREN V8. BOSCOWITZ BT AL. 305 H. pro- iness, Lou- lUv. the iliiig . BSSl'ls. date, p(>ar8 : fern'd ill the I tinted it to >f tlie now lire of 1884, iuden- saiDO date, and for securing payment of the sum of $15,000.00 and interest, etc' " "Court, lie had two mortgages on the same steamer? " Mr. Davik. Yes; two for $15,000.00 each; $;J0,00(>.00 in all." To shew how tlje business was rnn, Geo. E. Munro, book keeper for J. D. Warren, testified as follows (page 62 of the record) : Geo. E. Munro, direct. <' Q. Well, now, of that 13 or 14 or more tltonsand dollars of the net earnings of that sunnner that you receiveu, what did you do with them?— A. That is, in 1886! " Q. Yes. — A. Well, some of it was banked. "Q. Who got it from the bank; do you know? — A. Well, Mr. Bos- cowitz got some of it. "Q. Do you know how much? — A. Well, I gsive him a cheque per- sonally for $1,128,42. " Q. What were the items of the other ones ? — A. Another amount tx) Capt. Williams. $600.00. "Q That is the master mariner in command? — A. The captain of the boat. "Q. And the balance? — A. W^as paid to Joseph Boscowitz. "Q. Whom did you give that $1,128.42 to?— A. To Mr. Boscowitz personally. I gave one checpie, the first one, to Ca]»t Williams, $600.00, and the second cheque to Mr. Boscowitz of $1,128.42. "Q. What did you do with the balance of the money? — A. Well, the balance of the money was disbursed for the steamer, and what was over went to Mr. Boscowitz personally, or went into the ofiice for his busi- ness. "Q. After the nuining expenses of the Barbara Boscowitz were paid he received the balance personally, or it was put iu his business? — A. lu the sealing business. " Q. What was the amount he received, either personally or that went into thesealing business? — A. About $14,104.84. That was paid to Mr. Boscowitz personally or by his order for thesealing business," On page 78 of the record, the same witness, the following appears. George E. Munro (cross-examination^: "(To witness.) Was not that $41,000.(K) the settled balance between Capt. Warren and Mr. Boscowitz when Mr. Boscowitz left for England on the 25th October, 1886, which was when he left, was it not? — A. I beheve so. "Q. Was not the settled balance about $41,(M)0,00?~A. Still, it does not appear any place. " Q. But does it not appear from these accounts which you have shewn? — A. In lead jiencil it does. "Q. Well, the seltlcd balance here appears of the two accaunts to be $35,000.00— $.33,000.00 on the one and $1,700.00 and sou'ething on the other, making $35,000.00 and sonu* fractions in all. Add to that $5,530.00 (?) and something, makes it altogether $41,000.00. Now, is it not a fact that mortgages were given at that tinu^ on tl'.o different vessels for $4l,00(i.OO? I will Just remind you of it. Were not these mortgages given at the time that Mr. Boscowitz left lor Englan,000.00, on the Grace $(;,00O".O0. on the Dolphin $6,000.00, on the Anna /^rcA- $5,000.00, on the W. P. Saywant $2,500.00, on the Rustler, making in all $41,000.00? — A, Well, if you show me the books I will tell you." 12364 ^20 i r ll r -tiTCTinttt 306 OWNERSHIP OF CERTAIN SEALING VESSELS. '8*: ij The witness did not answer, but referred to tlie books lie had kept for Warren, which were sent for, and the facts substantially brought out. In the supreme court of British Columbia, before Sir. Ivi. B. Begbie, 0. J., Uecember 9, 1890, Jlaniiah VV'arren, plaintiff, rs. Josej)!! Bos- cowitz and Thomas Henry Cooper, defendants, Joscjth Boscowitz testi- Bed as follows as to the ownership of the schooners used in seal-catch- iug (pp. "J-i and 25 of the court record) : Joseph Boscowitz (cross-examination): " Q. In 18S(>, you say, the charter money was paid to Griffiths, theas- sijjnce? — A. I think he <;ot $350.00 — something like that — after deduct- ing the outfit of the vessels. It is in the account. 1 think there was $350.0(> given to him. The account will shew it— 188(J. '' Q. Do you recollect how much it cost to outfit those vessels ? — A. The charter? No; I cannot tell without going to the books. I have never looked into these things; never paid any attention. •' y. You treated the vessels as Warren's that year, too? — A. I don't know whether they were his or not. They could not have been his, because they were in tlie hands of the receiver. I was virtually owner of them. They could not take mortgages from me, but this man was appointed assignee, and I thought it l)etter to charter the vessels than have them sold. At that time a schooner was worth nothing. "Q. Was that what you agreed to do — carry his property? — A. No; I didn't. " Q. Never? — A. No, never; not to carry his schooners. Why, thos. schooners were mortgaged to me for $12,000.00, put up at auction, vi.ij could not get $2,500.00 bid on them. "CoFKT. Not on the whole thing, do you mean?" "A. No, sir; not in 18S0. Tlie sealing business had gone down to nothing. That is t^e first year they went into the Behring Sea. 1 think I offered them in l.*v>5 — yes, 18(S5 — but could get nothing for them." The same witness, still in cross examination, says, on ])age 20 of the record, as to the loss of the schooner liH.sth't\ the insurance on her, and Warren's manner of making accounts, that: Joseph Boscowitz (cross-examination): "Q. As a matter of fact, you did not get the insurance on that ac- count? — A. Not at all. Cai)t. War»en wrote to me in a letter that he had swelled it all he coidd, because he thought the underwriters would not |)ay it; but the cargo was insured for 1,000 jjounds. You have no trouble about getting it. There are the bills there. Nineteen hundred was for store acccnint. He made it as large as iie could." And on page 27 this question and answer: "Q. Y'ou got all the insurance? — A. Tiie caigo is credited to the seal- ing account and tlio Lull is credited direct. 1 held the mortgage for $1,500.00 on the hull, and he got the benefit of $1,000.00. "Q, You say that Capt. Warren swelled this account? — A. Y^es; I have got the letter to shew it. "Q. Do you recollect the time the Barbara Boscotritz fell off the ways? — A. Yes; to niy sorrow. "Q. Do you recollect the directions you gave him? — A. Y"es; 1 told him to abandon her. The underwriters told him that. "Q. Do you recollect telling him to swell this account? — A. Not to my knowledge. He swelled it to $12,000.00 anJ only got $0,000.00. It was for his own protection if I did. I knew that he could not get more than half of his insurance." I WARUEN VS. BOSCOWITZ ET AL. 307 111(1 kept brought . Beffbie, ntz t»>sti- i^al-catcli- lis, tlieas- ?v deiUu't there wiis ?_A. The iiive never -A. I <^on't > been his, lally owner is man was esaela than Iff- y^__A. TSTo; Why,thos< luction, in.i) )nc down to i>a. 1 think )r tliem." oe 20 of the "on her, and on that ac- fetter that he Ivviterswonhl You have no . Iteen hundred led to the seal- mortgage for [?__A. Yes; I \tz fell off the Yes; 1 told lt?__A. Not to Ur,,ooo.«)0. It could not get Court adjourned until December 12tli, ISOO. Court resumed Decem- ber 12th, l.s!)(>, and foHowing record made, page 28: .losKi'ii BoscowiTZ (cross-examination— continued) : "Q. About the putting in of those claims — you remember ii; 1887 when these schooners <'aine back from seizure — when were the first claims made against the United States (Jovernment, and where? — A. 1 think they were made ui» here. "Q. Do you remend)er anything about^ those claims? — A. I don't recollect very much about it. Capt. Warren. I think, and some of the other sealers got together and made them up. "Q. Did you ever see the claims? — A. I think 1 (iid. "Q. Von say that Warren and some of the sealers got together and made them u\)'l — A. I think that is the way it was done, and he went forward with tiiem to Ottawa. '»Q. Are ycm sure about that? — A. Yes; pretty certain. "Q. Did (Japt. AVarren take the claims to Ottawa?— xV. Yes. "Q. They were made nj) here? — A. Yes. "Q. AVe will go back to these claims — the (trace the Dolphin, tho Sayivard, and Autui Hevk — tliey were in 1SS7? — A. Yes. " Q. You saw those claims here after they '..ere made up? — A. Yes. " (i). AVere they made up simjdy in your name? — A. No; siujply a nu'morandum. I think I iiave got the memorandum of it. " Q. Do you know in whose name they were preferred? — A. I heard that when Ca])t. AYarrcn returned "(J. I am not talking about (»ther claims. — A. No; I told him they should be put forward in my nauu'. "Q. Didn't you sec these first claims before they went forward to Otta\Na? — A- Simply a memorandum. " Q. Y'ii to New York, and 1 gave him the money to go with, and then when he came back thei'c was a division among all the sealers, and each one piiid his i)roi»ortion in cash. "(J. IJut the nnuiey you advanced him to go there you charged him ? — A. I did, and lie has got credit for it in his account— the sealiug account. I i8 w ill 308 OWNERSHIP OF CERTAIN SEALING VESSELS. 'V' 1 \) I'l ilf ! I I ... Mi "Court. To the sealing account at once or to liiin in the first in- stance? — A. I charged it to him, and tlieii it went back to the sealing account again. "Mr. Bklyea. I think you stated the day before yesterday that what- ever the arrangement was in LS81, as to the carrying on of this scaling business, was carried right througli? — A. I think so — never but one. "Q. Will you state what that was? — A. He was to have half profits. "Q. Anything else? — A. 1 was to stand all the Icsscs. "Q. Anything else? — A. No, nothing else; there is nothing else to be said." On the point of ownership of the schooners iioskowitz testified, iu cross-examination, as follows, conunencing on p.igo 47 of the record: "Q. You held mortgages on these schocmers, then? — A. I did. "Q. In the fall of 1880 you sold those schooners under the mort- gages? — A. I think so. " Q. Did you rcal.ze any cash from the sales? — A. No. "Q. Not a cent?— A. Ho. "Q. Did you expect to realize when you sold them? — A. In 1886? I did not want to sell tijeni — Capt. Warren did not want them sold — 8imi)ly a transfer to himself — to his brother in-law. I do not know that there were any bidders for it. I don't recolku^t that sale very much. " Q. You sohl u' Ur the mortgage? — A. Yes; 1 think so. "Q. You did iioi ; .my cash? — A. No. "Q. You simply tu )und and took other mortgages from A. From Cooper at Capt. v .ren's recpiest. " Q. How did Capt. Warren get control of them, then? — A. He was only nmiiager. " Q. For whom? — A. For Cooper. " Q. As manager for Cooper, heliad control of the vessels? — A. Capt. Warren — he had control of them — did as he liked with them; he was the owner — the virtual owner. "Q. Subject to your mortgages? — A. Yes. " Q. And the next year they were put into the seai'ngbasiness? — A. Yes." J. D. Warren assigned to J. W^. Griffiths, and the schooners were afterward nominally sold to T. H. Cooper, as has been stated. On page 08 of tlie record J. 1). Warren testified as to the business arrangenieut with lioscowitz, as follows: J. D. Warren, direct: " During the sealing season of 1885 did you and Mr. Boscowitz carry on the sealing business? — A. In 1885 we did. "On what terms? — A. The same as usual. "Court, That is what you botii say — what were the terms? — A. I was to put in the schooners, Mr. Boscowitz was to put in the cash against the schooners, buy seals, and go into the sealing business on joint account. " Q. He was to put in cash against the schooners? — A. He was to put in all the cash necessary. I was to put in the schooners. One was against the other. We was to go into the business. " Mr. Belvea. Now, when you came into the sealing season of 1880, had you the vessels in your control? A. No. "Q. Who had the vessels?— A. J. W. Griffiths. "Q. Whiit were the arrangements between you and Mr. Boscowitz about the vessels for 1880? — A. Well, in the first place, Mr. Boocowitz, WARREN VS. BOSCOWITZ ET AL. 309 when I made the assignmont lie wanted — he said there wasn't any reason wl)y tlie busine.ss t^houhl not be carried on in Mis. Warren's name and under his instructions, and getasetofbookslbrtlieni i>arties, but he ciianged his mind afterwards. We talked it over, and he said he hati come to the conclusion he would carry it on in his own name — it would be safer. Therefore then we started in 1880 we chartered the vessels from Griffiths with the understanding it was to be on Joint ac- count, the same as usual, and he had the tiling and business done in his own name, and had a set of books, and instructed Munro, who went and got a set of books and started them for Mr. Boscowitz. I went sealing that season, and Mr. IJoscowitz stayed here and attended to the business." Then, as to the manner in which the accounts were made up and pre- sented at Ottawa, the same witness testilied as foHows, commencing on page 72 of the record: "Q. When the claims were made up this season in ISSfiand IS87 who made the lirst claims iij); uiuler whose direction and where were they made up? — A. The claims in 188(J was made up here — the Thornton; I am under the impression it was drawn from Drake and Jackson's; [ would not be positive — I fancy so — and then sent by Mr. Boscowitz to [through?] Mr. Hamley to Ottawa. "Q. (Court.) xt is not so much a question by whose hand it was made — whose particular clerk, but by whose instructions? — A. Mr. Boscowitz and myself; we joined together in making up these things and also we used to have Muni-o, I don't know whether we did in 188G or not. I am pretty sure >.*» nuist have. "Q. What was done? — A. As near as I remember, Mr. Boscowitz gave them to Mr. Hamley to send to Ottawa. "Q. Then the statements he made, you took them, and sent them, and kept a co]\y? — A. At any late, 1 took the rough coi)y in 1887; the others was already sent to Ottawa. I took the rough copy witli me down to New York, and Mr. Boscowitz's brother introduced me to a lawyer, and he made type-written copies, and those are the copies. They were sent back; those were taken from the rcmgli sketches that I took, that was prepared by myself and Mr. Boscowitz; and Mr. Munro, I believe, he juit them in shape for me; but the rough copies never was returned to me, and these were sent to me afterwards, but not used." (No exce])tions taken to their being correct copies.) "Q. In 1887, when there were other claims to be made up, were they treated in the same way? — A. They were treated in the same way. "Q. The original claim was piepared here and sent to Ottawa thiough Mr. Hamley? — A. Tiirongh Mr. Hamley, I believe; I dou't think I had anvthing to do with giving them to ]\Ir. Hamley. "Q. Yourself went to Ottawa in the fall of 1887?— A. Yes. "Q. At whose instigation and why did you go? — A. Well, partly my own. W'e counselled together, myself and Mr. Boscowitz, and several other ])arties that had their vessels seized, and it was agreed between all of us that I should give any information there that they should reipiire at Ottawa, We did not exix'ct to have make the claims over tiiere when I leit, but it was to give them any additioiuvl informa- tion they might require. " Q. To give the department of marine and fisheries any information they required? — A. To go over them and ])ut them in different shape — different style. The Hon. Mr. Foster was the party 1 had the deal- ings with. nw 310 OV,'XERSHIP OP CERTAIN SEALING VESSELS, ' ii I ^U . f i m r " Q, Tlie orif'inal claims tliat wow sent through Mr. Tlamley were there tlieii? — A. They were at Ottawa wlicii I got there. " Q. And tliose are tlie claims that were revised? — A. Those are tha claims tliat weic revised. "Q. And I uiid(!rstand that the claims that went through Mr. Ham- ley were simply the ajiproved eoi)ics of tlie rough drafts that you took to New Yctrk? — A. Tiicy were the best coi)ies made from the rough draft. '' Q. And those are also copies made from the rough draft? — A. Ves; I don't know how they run witii the rough draft, because it was not returned to me. The copies were returned to me, but I did not get the rough draft back. " -Mr. liELYEA. I will put in these several documents." (Seven documents put in, marked Kxhibit J.) "Court. You will have to i;'' atify those documents. What are they? "Mr. Belyea. They are cojues of the rough draft of the claims. "Court. VViiere are the rougli drafts themselves? " VViTNES!;!. I left them in New York. "Q. I thouglit he said he took tiiem with Mr. Boscowitz' brother to New York, had copies made, then brought them here? — A. No; Mr. Boscowitz' brother introduced me to a lawyer there in New York, and I left them with him. He tliought he could put them in much better shape than we had them ; but he simply made copies ()f them and sent them back tome; but lie retained the rough draft; those are the copies that were sent to me, but we didn't use them. "Q. Who made these copies? How do you know they were copies? Were they made in your presence? — A. They were made in my pres- ence. I made no rough copies in New York, and we sent the docuuuMit to Ottawa. I dcn't know how correct they are, but I know in every little detail. "Q. 1 do not tliiiik (to Mr. Belyea) they are admissible, unless you prove something more than that, " Mr. Belyea. I submit that under the circumstances they are quite admissible. We liave first tlie rough draft of those that Capt. Warren took to New York, and left there. That rough draft was to be revised in some way. Witness. Put in shape. "Mr. Belyea. And i or warded to hi ul (To witness). Did you go to Ottawa from New York? "A. Y'^es; I went back to Ottawa. "Q. And where did you receive those? A. They were sent to me at Ottawa. "Attorney-General. We can compare those with son^e authentic docunuMit we have, and then we (^vn tell whether they are true copies. "Coi'RT. They are not admissible for a moment; it would be doubly assured, because we do not know who drew these coi)ies and made theuj ; and in the next place [to Mr. Belyea], while you allege them to be coi)ies, you say they were left with somebody not to be copied, but altered, and then you say in conflict with these directions they sent yi (»f the party the vi'ssel was registered in. "• Q. Were the claims that went through, Mr. Ilamley, made up iu that way? — A. Tliey were. "Court. That was in Cooper's name? " Mr. Belyea. Yes; and Warren himself was the registered owner of "Witness. The Thornton. " Q. While at Ottawa you not only had the revision of your own claim but of the others? — A. 1 had. " Q. In every case of the others, in whose name was the claim made out? — A. The registered owner, 1 believe, in every case. "Court. You mean not only these that belong to Mr. Boscowitz and yourself, in whatever relation, but also the other schooners that had been seized? "A. All the other schooners. "Mr. Belyea. Now, do you recollect having got any instructions from the department of marine and fisheries as to this particular point of the claim — of having had any conversation with the otlicial about it — about in whose name the claims should be made out? "A. I always understood that it had to be made up, both by legal advice here and the authorities there, that they all had to be made up iu the name of the registered owners botii iiere and at Ottawa. "Q. When you we.it to Ottawa did Mr. Boscowitz instriKit you in any way whatever to put these claims in his name? — A. He did not; in no way whatever. "Q. So that the claims stand to day, so far as in whose name tiiey are, exactly as tliey did when they tirst left here? — A. They are just the same to day." Court adjourned to Dec. 13th, 1890, at 11 a. m. m i'':\ Court in session, December 13th, 1890. James D. Warren, in chief examination, after stating how many ves- sels he had out each year engaged in the sealing business, testified as to the value of the schooners, commencing on page 78 of tlie record, as follows: "C^. And in 1887 how many vessels were put in? — A. Well, I believe I had six vessels in 1887. The Afari/ Taylor took the place of the Thornton; the Thornton was seized, and the Mary Taylor was bought. '' Q. I want you to state, as nearly as you can, what the cost ot those vessels was? — A. Tiie cost of running tliein? "Q. No; the vessels. — A. Well, I put the Thornton, I think, at $4,000.00 — that is the time she had her machinery put into lier, and was made a steamer of— and the ISayicard, say, cost— well, the Anna Beck, li • i i|) i * ! I n 312 OWNERSHIP OF CERTAIN SEALING VESSELS. she would cost $4,000.00; we paid that in the first i)la«*,einul then I put ina(Oiinery in hor afterwards, so she would — and then she was burnt — her decks were burnt out. Tliey were raised on here, and made her larger and a good deal of money was spent on her. After that slui was valued at about $8.(»00.00. The Grace when she was all ready fitted out, and all the gear aboard — fin- passengers, and her hoisting gear, and all this — she cost about $I«i,000.00, and the Dolphin about the same. The ISay- ward cost, say, between .fO,00().(M) and $7,000.01). "Q. But did you always own the whole of the Sayicardf — A. N^o; only half. " Q. Who was the owner of the other half! — A. Andrew Laing. *' Court. Then there is tlie Rustler. — A. The Rustler, she was bought in the fall, I think. "Q. 1 ujean to say, what was her cost? — A. We bought her a wreck and had to tix her up. She cost, I think, something over $2,000.00. " Mr. JiELYEA. After she was fixed? "A. Yes; I think she cost in the neighborhood of $2,500.00, alto- gether, when she was put in thorough order." \\ % i Court in session, December 15th, 1890. J. 1). Warren, in cross-examination, page 117 of the record, as to his claim against Boscowitz, testified as follows: " Q. What do you claim, as against Mr. Boscowitz, in respect of these schooners; the whole of their value, the half of their value, or what? — A. In respect of what, the hulls? " Q. Yes. — A. Well, I don't know about that. That is for the court to decide about tliat. •'Q. Well, what do you claim? — A. Well, I claim that I put in so much money; tluit Mr. Boscowitz was to furnish what he didn't furnish for the sealing business. I furnisiied it. " Q. I am asking you in respect of the schooners. Do you expect any claim, or make any claim? — A. Well, I don't know. I made a claim against the United States. "Q. Are we to understand that you make a claim against Mr. Bos- cowitz in respect of these schooners or not? — A. That is for the court to decide. " Q. Do you tliink if you do not make any claim the court will de- cide you have a claim? Are you making any claim against the United States Government in respect of these vessels? — A. I am; yes. " Q, Do you make any claim against Mr. Boscowitz in respect of this business? — A. My business? 1 gave it to the creditors. "Q. Do you or have you instructed your assignees? — A. 1 don't know what the assignees did. " Q. Have you made any claim, or do you make any claim against Mr. Boscowitz? — A. I don't know, personally, I make any claim against him. 1 put in so much money that he was to furnish for t)ie outtit. "OouRT. If he makes a claim against the United States it must be a 'jlaim in derogation of Mr. Boscowitz's claim, because, whatever befalls, you •''oiild suppose he cl.aims enough to pay the mortgages in full. What is the nature of the claim made against the United States — the whole value of the schooners, or only so much as remained after the mortgages were paid off ? <' A. I put in what 1 value the schooners at, and outfit, and I was m. ^ WARREN VS. BOSCOWITZ ET AL. 313 under the impression it would stand over until these things were set- tled — the Si-liooners, hulls, and outfit. " Q. And cargoes? — A. Yes; 1 put in cliunis for the whole thiug. "Q. Including the cargo! — A. Including the cargo." Court in session Dec^embcr 10th, 1890. Joseph Boscowitz (coinmencing on i)aSe 143 of the record), in aU' swer to the question, " What was done in issr»?" testiiied: *' Attouney-Genebai. (to witness). In 1885 and 188(j the schooners went outt "A. The reason that the charter was started in 1880 was for this pur- pose: I held the nioitgages on the schooners, and no one could take them from me. I had put in about $40,0()(».(M» or !J(."iO,0(M».()(>, and I could not attbrd to let tiiese schooners go to sea and come back witli a cargo and have it seize*! by his (^editors. 1 took the precaution of charter- ing these schooners, and that continued right down to the — he was in the same position in 1880 as in 1887, and I was not going to allow his crcdit«»r8 to come and seize my projK'rty. That was the reason of the charter — the beginning of it — aiui it was with his consent." I certify that the foregoing extracts from the evidence before the supreme court of British Columbia in tlie cases of Warren r.v. lioscowitz and Cooper; of Warren i'«. Boscowitzc^ «/., by original action, and Bos- cowitz vs. Warren et als., by counterclaim, at dittcrent dates from June 4th, 1889, to December IGth, 1890, are true copies of said evidence now in the hands of the registrar of the supreme court of British Columbia, so fiir as the said exti-acts ])retend to quote said records. In witness whereof I have set my hand and atlixed tlie seal of the consulate at Victiuia, B. C, this 23rd day of Novend)er, A. 1). 1892. [seal.] Levi W. Myeks. EXTRACTS FROM THE "CASE ON APPEAL" IN THE CASE OF WARREN ET ALIOS vs. BOSCOVTITZ ET ALIOS. Statement of defence of J. Boscowits [pp. 6, 7). 1. During all the times mentioned in the statement of claim, and con- tinually since, and now and during all tlie times mentioned in tlie state- ment of defence, the plaintiff was and still is the wife of one James Douglas Warren, of the city of Victoria, master mariner. 2. That the said steam vessel, the linrbara Jioscoirifz. was constnicted by the said J. D. Warren, and by him registered in the name of J. A. Siiyward, who held the said vessel only as a trustee for the said J. D. Warren, and the said vessel was mortgaged to tlie defendant, Bosco- witz, to secure $30,000 and interest moneys advanced by the defendant, Boscowitz, towards the construction and otherwise on account of the vessel. 3. That besides the said sum of $30,000 so Kccured by the said mort- gage upon the said steamer Barbara Boscowitz, there was at the time of the offer by auction, hereinafter mentioned, a large sum of money due from the said James 1). Warren to the defendant, J. Boscowitz, which moneys, together with the sai. Wanoii. That on or about tin* l.'ttli day of February, iSSli, tlie sum of >«.'5(>,0(»0, besides an arrear of interest and some other mttneys remaininf'' due to the defendant, .1. Hoscowit/, iindcM- the seeu- rity of the said inortfjayfe, the d(;fendant, .1. I'.os(!o\vitz, otlVred the said vessel, lUtrhiini liyrn, ai the riMpiest of the Haid defendant, bouffht the vessel in. The said defendant was an American subject and could not hold the shi|) in his own name. 4. At the time of the said auction otTer the said James I). Warren was the a;;('nt of the defendant, .Joseph l>os(;o\\it/, and had mana;;ed larj^e sealing interests for the said defendant, the result of which had been to consideiably reduce the Judgment debt owing by the said James I). Warien to the defendant, and for the purpose of holding the said vessel as a security for m<»neys owing to the said defendant, it was pro- l»osed by the said James J). Warren that tlie steamer shoidd be regis- tered in his wife's name, but on account of diflicidty in registration the defendant, Thonnis II. (!oo|»er, was sent for, anei-, that all of the vessels, including the said nnrhara lioscowitz, should be transferred to the name of the said Thomas Henry ( 'oopci', and upon the striking of the said account of the dealings between the defendant, J. Hoseowitz, and the said .lames I). Wairen,the sum of thirty live thousand six hun- dred and twenty one dollars and twenty-six cents was found to be the balance due fr«un the said James 1). Warren to the defendant, Joseph Boscowitz. 5. Tlie said Thomas Ifenry Cooper then and there, at the re(]nest and direction of the said .lames I). Warren, executed mortgages to se- cure forty-one thousand dollars (.S41,0U()), being the above balance of $.'J.">,,(KK); on the Grace, ${),{)W>; on the Dolphin, -f 0,000; on the Anna lirck, $5,000; on the Sayward, f J,500; on the liHstlcr, $1,000; total, $41,000. G. The jilaiutitt' took no part in the said transactions, and the same were carried on solely by the said James I). Warren, and the said de- fendant, T. H. Coojier, had no interest in the property except as a trus- tee for the said James D. Warren. 7. That since the date of the said mortgage of the said steamer Barbara Boscowitz, the d«'fendant, .1. Boscowitz, has made advances for repairs insurance, etc., amounting to $10,500, and has received in all on account of the said steamer the sum of $11,000, and the interest DKuieys which were owing to the defendant, Boscowitz, in respect of his said mortgage to th(i loth of January, LSSO, was $4,li();{.15. The steamer is entitled to a credit of $l,07.'i for insurance refunds, leaving an actual balance due to the defendant, .1. Boscowitz, upon the mort- gage security of the said steamer Barbara Boscowitz, of $30,100.15. Save as herein stated the defendant, Joseph Boscowitz, denies each and ^ Nw !:i:' WARREN ET AL. VS. BOSCOWITZ ET AL. 316 hmces ill all Iterest 1 of Ilia The laving 1 inort- l»0.15. Ill aud 1 every allegatiou in the statement of claim, ami the defendant, Joseph Boseowitz, chiims the same benefit as if he had demurred to the state- ment of elaim. PLEADINGS— COUNTER CLAIM. Delivered in piirsnanee of order of the Honorable the Chiet Justice, dated 1st May, ISS'.t. And by way of counter chiim the defendant, fFosEiMl IJoscowiTZ, repeats tlie alle, tlie defendant, Joseph lioscowitz, chartered from the defendiiiit. .lames Douj^las VV'arren, the said schoon- ers Qftwe^ Dolphin, Thornton, W, I*. Sayward, Anna liecl,; and RuHtUr, for the purposes of sealing. 2. Tiie defendant, Josepli Hoseowitz, fitted out tlie said schooners at a large expense for the purposes of tlie said sealing tidveiiture, and sent tlieni to sea under the miinagemeiit of the defendant, James Doug- las Warren, and promised him, the said flames Douglas Warren, in consideration of the care and attention of the sai. The said schooners, except the Mary Taylor, were all sei'ed during the said season by the (Tovernment of the United States of America for the said alleged infraction of international law. 0. The defendant, Boscowitz, expended during the said season of the year 1887 for supplies, seamen's wages, and other expenses of the said adventure, ni>wai(ls of the sum of )J33,000. 7. Believing the said seizure to be a wrongful one, the defendant, Boscowitz, Joined with certain other persons, whose schooners had also been seized by the said Government, in a elaim for compensation for the said seizure. 8. The said claim was formulated and sent forwar*' il. rough the agency of the Dominion Government, and the defendant, < • es Douglas Warren, at the request of the deleiidant, I'.oscowitz, and the said other parties, proceeded to Ottawa to represent their interests and assist in formulating their said claims, and the defendant, Boscowitz, paid for the expenses of the defendant, James Douglas Warren, incident to the said journey and for legal advice, the sum of ^l, 200 and upwards. 9. It was distinctly understood and agreed between the defendant James Douglas Warren and the defeiulant Joseph Boscowitz that the : -.' m 316 OWNERSHIP OP CERTAIN SEALINa VESSELS. aiihl rliiims slioiild be presented in tlu' naiiif ami on Ixihiilf of tlift said defendant Hoscowitz, hut ilie defendant .lames iJoiijjflas Warren, in bieaclMif the said a;;ii'einent. presenfed the claim, in respect of the seiznre of all the said schooners exce|>f the Thnnifnn. in the name and on behalf of the defendiint Thomas lleniy ('ooper. and as to the Thorn- ton, the defendant Jame.s Don^lan Warren presented the said claim, and it still remains in his own name. i\ *, ~ A r tVli » ' i 'A !■, I ANSWER. The answer of the defendant (by counter-claim) James D.Warren to the counter claim of tlie defendant in the original action herein: 1. In answer to paragraph one of defendant IJoscowitz's amended counter-c^laim in this action, the defendant .lames I>. Warren .says that the said .It)seph Itoscowit/ did not (charter from this defendant the Bclioontu's Grace, Dolphin, Thornton, W. P. Sai/iriirfl, Anna Heck, ai'd Rmtler, as allej^ed, but says that the said schooners \v«'re so chiirtered for the season of IS8(i from one .John W. (Irinith.s, at that time assignee of the estate and effects of said James D. Warren. DECREE. The 2.3rd day of Dkoemrer, A. D. 1890. The trial of the cause having i)roceeded before the lion. Sir Matthew Baillie Hej^bie, knijjlit chief justice of this honorable court, without a.jury, on thet)tli, I2th, LIUh, i.")th, and l(»th days of J)ecend)er, 18!»<), in the pre.sence of the ITonorable Attorney-general as of counsel for the said Joseph lio.'^cowitz, and of Mr. Belyea and Mr. Ilclnicken as of counsel for the other parties hereto, excei)t Thomas Henry Cooper, who did not appear, although duly notified, upon opening and debate of the matter, upon read^ng the .statements of claim and defense, and tliecer- flcate of the registrar of this honorable court, dated the li4th day ot June, 1889, by which it appears that the matters raised by the said Hannah Warren, in her statement of claim, have alreaily been adjudged and determined adver.sely to her, and that the matters remaining for consideration are those matters raised by the counter claim, and the defense thereto l»y the defendants, Thomas II. Tye, Matthew T. John- 8t. Warren, dated the 12th day of July, 1889, and the respective joinders of issue of the said Joseph Hosni,or anyotlu'iilainis in reniwct of the .saiil siM/nres an«l i-ontisration. and from making any aitplication to tlu> antlioriti(!S of tlio United States, or of tiic Dominion of Canada, for |)aymcut to them, or anj' c)r either of tiiom, of any i»art of sneh moneys. And further orderiii};, tliat James Cliarles Prevost, the repfistrar of this honorabht court, be appointed receive!' of all nuuieys, with au- tliority to press for a settlement of the claims, to receive all moneys in respect thereof, and to execute proper discliarj^;es therefor, and in- cluding the order dated the ir)th day of Fehrnary, 1. the rej^istrar; the order dated the 10th day of July, l.Si)(), wherein, after relerrin^' to the certilicate of the rejjistiar and directiiifjc the same to bo varie»l, as by the said order dated the loth (lay of July, IHOO, is directed. It is declared and adjudfjed that subject to a credit of !J4U,.SH .(IS (forty-nine thousand eijilit hnnf the nmtters in the counter claim nu-ntioned. the sum of $llS,«574.sr> (one hundred and ei{»liteen thousand six hundred and seventy-fimr dollars and eifjhty-tive cents); and also declarinjjf and adjudginff that no disbursements liad been made by the said Thomas Uenry Cooper for or on account of th( sealiuff adventure in the i)ara- graphs mentioned, and the said Thomas Henry Cooper was entitled to no allowance as against the said Josei)h Boscowitz, and including the order dated the Kith day of August, 181)0. whereby as a result "f any eminiry into and adjndication by the Judg' into all off-sets, cross ( laims, and demanda by the said James Douglas W arn'ii against the said Joseph Boscowitz in reduction of the said sum of 1 118,074.85 (one hnmlred and eighteen thousand six huiulred and seventy four dollars ami eighty-five cents) found to be due to the said Joseph Boscowitz by the said order of the 10th day of .Inly, 1800, the said James Douglas Warren and his as- signees were, in addition to the sum of $4!»,S4l.(»8 (forty nine thousand eight hundred and forty-one dollars and sixty eight cents) already allowed by the said last-mentioned order, entitled to be alh»wed credit for sums amounting in the aggregate to •*;{0,077.25 (tliiity thousand nine hundred and seventy-seven (h)llars and twenty-five cents), and adjudging that all other accounts and claims by the said James Douglas VVairen and his assignees should be disallowed, excepting the claims in res])ect to the sciiooners Tercsn, Rtititlcr, and Thornton, which it was ordered should be I'cferred to the registrar for report, and without prejudice to any ap- plication which the said James Douglas Warren might be advised to make to ojien up the settled accounts iu the proceedings refe: red to of $41,000.00 (forty-one thousand dollars) for the purpose of surcharging the sum of £2iS 12 (two hundr(Hl and thirty eight pounds twelve shil- lings) claimed by the said James Douglas Warren to be due him from the said Joseph Boscowitz tor a refund of insuran0, whereby it is fo'ind that the said James Douglas Warren ought tf> be allowed further credits as against the said sum of .'Jll8,(i74.8r) (one hundred and eighteen thou- sand six hundred and seventy-four doUars and eighty-tive cents) ; that is to say; In respect of the schocmer '/Vrcvrtthesum of $3, 100.33 (three thou- sand cue hundred and sixty-nine dollars and thirty-three cents), and in I • :j ' ^ f 4 318 OWNERSHIP OF CERTAIN SEALING VESSELS. I, ; h\. I ' f ( <• i » respect of tlie Rustler the snin of $2,80r).00 (two thonsnnd eight hundred and five dollars and six cents), and flndin}^' that the said James Doiif;las Warren was entitled to no credits as against the said .Ictscpli Boscowitz in resi»ect of the Thornton and disallowing su<-li claim; and upon hear- ing read the evidence of the said James Douglas Warren, given before me on the l.'Uli day of February, l.SS!», in Chambers, the viva voce evi- dence adduced and documents produced by the parties, i .'spectively, at the trial, together with all the accounts, books of ac(Mmnt, and docu- ments on tile, and iieretofore in the course of the litigation deposited in court by the parties, and having, by reipiest and consent of the parties, had reference to the documents and exliibits contained in tlie printed case upon a])i)eal from the full court of the supreme court of i'ritish Co- lumbia to the sui)renie (M>urt of Canada of Saunders & al. r, Boscowitz,a copy of which is tiled with the ])apers herein, his lordship was pleased to scowifz ])romised that, in consideration of the caie and at- tention of the said Jann-s Donyias Warien to the concerns of the plain- tiff in resi»(H't of the said sealing adventure, that he, the said plaintiff, W(mid give to the said .Fames Douglas W^aireu an amount ecpial to one half of the net profits of the adventure. That the schooner Thornton was, during the sealing season of ISSti, seized by the (Government of the United States for an allege•, from the said Thomas Henry Cooper, and in the year 1887 sent them ui)on a sealing voyage in (rliaige of tlie defendant, -lames Douglas Warn.''!, and agreed to giv«' to the said James Douglas Warren, in consideration of his services in the premises, an amount e(puil to one- half of the net i»rolits of the adventure; and that the vessels Grace, Dolphin. Anna Heck, and W. P.iSaynard weie, in that same year, 1887, seized by the (Tnited States aulhorities, itgether with the cargoes o£ seals on board, but the said Mary Taylor returned home with a cargo of seals whi imiic hun- dred and eijiliteeii thousand six hundred and seventy lour dollars and eighty-tive rents) due to the sad Joseph Iloscowit/, and tliat for tlie balance or sum of !!!31,881.(IS (thirty one thousand ei^ihl linndre, secured by the respective mort gages of the schooners; secondly, in payniiMit to him of the interest moneys accrning since the said .'?rd day of March, 18!K>; thirdly, in pay- ment to him. the said .losepli Boscowitz, ol' the sum of ■'i8 (thirty-(Uie thousand eight hundred and eighty one dtdlars and niiicty-eijiht cents), after deducting thereout the respective moneys firstly and seccnidly hei'cinlietbie mentioned; fifthly, in pnyment to the said .Joseph iSoscowit/ of the interest mon»>ys accrning sinee the ."{rtl day of Mar<'h. isitu, n|)on •'^8,L'ilk00 (ei<>ht thou- sand tw<»hiindreli lioscowitz by her sale; and lastly, in payment to the de- fendants Matthew T. Johnston, Thomas 11. 'rye. and Aitiiur K. Helyea of the r« inainder (if any) of the said moneys, after making the deduc- tion firstly, secondly, thirdly, fourthly, and fifthly hereinbefore men- tioned. And it is also (U'dared that as to so much of the sai,(Kt(».O0 (t wo hundred and three thousand dollars), or thereabouts, or any moneys whatsoever which may come to be payable by the I'nited States (i(»verriment in respect to the seizure and contiscation of the schooners Thornton. Oraet', Dol- phin, IV. P. iSdi/icard, and Anna Beck, and the carjjoes there(»f, and other property in the counter-claim mentioned, or from in any way negfotiatinj; for any compensation for, ov for settlement or compromise of the said claims, or any of them, or any other claim in res{)ect of the said seizures and contiscatitm, ami from makinj; any aiipli( ation to the authorities of the Fnited States, or of the Dominion of Canada, for payment t(» them, or any or either of them, of any part of such moneys; And it is lastly adjmljrcd that the said .loscph Hoscowitz do recover his costs of this suit as ajiainst the said .lames l)ouevei' wlueh : in respeet Grave. Pol- thereof, and in any way ooniproinise 'spect of the •ation to the Canada, for iieh moneys; z do recover Warren, and id their own HUE, C. J. CERTAIN iTUERN DIS- fr eompciisa- )\' seizures ot Ituient of the .. D. 1892. at idinj?, in the [•s S.Manley, idavits, etc., kor the ninth [er. a witness I'r, It ant United fes. and sworn Ithe uuthiu the ease aforesaid, did thereupon depose and say as follows, that is to say: TiioMAb H. Cooper, called on behalf of the United States, sworn. Mr. Lansing: Q. What is your name, ixge, residence, and occupa- tion ? — A. My name is Tliomas H. Cooper : a jre, ")(» ; residence, northeast corner of Laurel and Sacra- Ejtpmmce. mento streets, San Francisco; occnpati(ni, black- smith. Q. Howlonghaveyoubeen a reside?»tof San Francisco! — A. Thirty- three years. Q. Are you an American «'itizen? — A. No, sir. Q. You have never been naturalized? — A. Never. Q. You have been the owner of several vessels which have been en- gaged in sealing?— A. Yes, sir; they are in my .v„„„„„; „„,„^^ „/ ih4, name, I presume. '^ Sni/wani," "Thoniton," Q. Tliev were in vour name? — A. Yes, sir. " inna lievk," " Dolphin," Q. What were the vessels of which you were" '''''"'■•■•"'""* """"''"''•" the owner? — A. To tell you the truth, 1 know very little about them. They were sold at sherift^s sale up there, and I bought them for one dollar. 1 was advised to do so by Captain Warren. Q. Up where? — A, Up in Victoria. Q. What were the names of the vassels! — A. I really couldn't tell. There was the Sai/irord ami one was called the Thornton, Q. Can you give the names of the other vessels? — A. I can not give the names. Q. Would you know them if they were repeated to you t — A. Yes, sir; I would know some <>fthem. Q. The .1/1/1 «« Becli? — A. Yes, sir. Q. The IMphinf—A. Yes, sir. Q. The Grave OT Graceyf — A. Yes, sir; I think so. Q, And the Onirard? — A. I was only up there a week or two, I know very little about them, and I have not been interested in thera since. Q. Will you state how you came to purchase these vessels? — A. By the advice of my brother-in-law. Captain Warren. He was to manage them. lie had my ■ ver of How owHtrskip acquired, attorney to manage them, and he knows .. ibont them. Q. And yon paid one dcdlar for themt — A. No, sir- [ paid one dollar for the whole lot. Q. For the whole lot? — A. I think so. Q. When was this?— A. In ISSl!. Q. When you made the purchase they were sold under a mortgage? — A. I believe so. Q. Who held the mortgage? — A. A man by the name of Bosl^ witz. Q. What is his Urst name? — A. Joseph, I think; Joseph liosko- witz. Q. How many vessels did j'ou purchase for one dollar? — A. I couldn't tell you; 1 bought them all. Q. Were those mortgages ever paid on those vessels? — A. 1 .y couldn't tell you tluit. Q. Were you the sole owner of these vessels? — A. I bought them for one dollar, I believe. Q. All of them? — A. Yes, sir. I supiwse they were subject to a mortgage. I couldn't tell y(»u that. Q. Did you buy these vessels for yourself ? — A. I was advised to buy 12304 21 ■ M I ^ i /r^«;\;. ■—■ i II ! 1 1 I' 1 1 t-: M i J l: t< 'I (V.J 322 OWNERSHIP OF CERTAIN SEALING VESSELS. tliom by Cai)tain AVarreii, and he was to manage them, and I have paid very little attention to tliein. if.. Did yon i)ay the dollar? — A. Yes, sir; I anthorized him to do it. I was not there. Q. Subsoiinent to the pnrchase of these vessels did Boskowitz hold a mortjrage on them? — A. I believe so. i). For the fnll valneT — A. 1 eouldn't tell yon that. I really don't know whether it was a dollar or a million dollars. Q. Ton do not know the amount of the mortjrage? — A, No, sir. Q. ]>id yon give the mortgage to hini! — A. I believe I renewed the Vem'h ranorU,a,,ed to mortgage. 1 know I signed ii lot of papers. I Joseph hoskouutt. ' was so little interested tlnit 1 don't know what I signed exactly. Q. If you purchased these vessi'ls for one dollar at the sheriffs sale, and those mortgages were renewed in your name as mortgagor, they were certainly mortgaged, were they not, for their full value! — A. 1 could not tell you tliat, Mr, SiiUHTLKFF: Q. Is it not a fact, Mr. Cooi)er, that you purchased those vessels for Hoskowitz? — A. I could not tell you. They were both there and they tohl me it was a matter of form, and 1 would lutt bo troubled any more. Q. You just did as they directed you to Deponent had no interest ^^y^ Exactly. t ft Vl'88Vt ) * t/ Q,. You had no interest in them whatever? — A. No, sir; none. Mr. Lansing; Q. You have no interest in the vessels now? — A. No, sir. Q. None at all? — A. Only they are in my name and I was told to keep them in my name. Q. For what purpose was that done? — A. I could not tell you. Q. There must have been some talk about it? — A. Yes, sir; but they did not tell me anything. Q. You had some conversation in relati(m to it? — A. Not with them 1 did not. i). With whom did you have a conversation? — A. I have heard from hearsay — I have heard people say he was in debt to some one else. Q. Hoskowitzf — A. No, sir; Warren, (.}. Warren did not advance any money on these to Boskowitz? — A. I bought them for one dollar. Q. Did Warren advance any money to Boskowitz on these vessels? — A. I could not tell you that. Q. Was it not a fact, Mr. Cooper, that those were taken out in your name for Mr. Boskowitz? — A. No, sir, Q. Do you recollect a suit that took place in Vii-toria in wliich you were , sir. Q. Or whether it was necessary for you to advance any money? — A. N«), sir. i). And do yon now claim anv interest in those vessels?— A. No, sir; no nu.re "than 1 hohl them C'"]""^ no ii,tt,c,t ii, said That was the agreement for Mr. Warren. Q. For what purpose do you hold them? — A. between Warren and the otiier num. Q. That you were to hold them? — A. I was to hold them, and Mr. Warren was to have possession of them. Q. And have the management of tiiem? — A. Yes, sir. Q. And Mr. Hoskowitz was to be the moneyed nnin? — A. I couldn't tell you that. i). There must have been some understanding? — A. There might have been. 1 Just signed the papers and that is all 1 know about it. I was told to keep them. i). Who was tiie owner prior to your purchase of these vessels? — A. I c(Hdd not tell yim that. I think Warren, bnt I am not sure. Q. Y(»u are not sure win) was the owner? — A. No, sir. Q. Who was the holder of the mortgage? — A. It must have been Boskowitz. Q. Boskowitz was the holder of the mortgage? — A. Yes, sir. Q. Is it not a fact that Mr. Warren made an assignment in 1880? — A. 1 don't know that. Q. You do not know that he was in financial difliculties? — A. No, sir. I heard he was, afterwards, but 1 did not know. Q. When was it that he got into financial trouble? — A. I couldn't tell yeD8es to Victo- ria and return. I never kept any account of them, as I did not expect to get them back. Q. Did you ever pay out, or authorize to be paid out, any money for pentet in connection xoith aeizurea. U i 'lii. t ?emont be- giiorant v,i DEPOSITION OF THOMAS H. COOPER. 825 tlie transportation of the crews of these vessels from Sitka down?— A No, sir. 1 further certify that the said deposition of Thos. H. Cooper was taken down in sliort-liand and transcribed into tviA?- writing, and after having been - .. transcribed was read over by the witness and by him nro- nounced to be correct. In witness whereof 1 have liereunto set my hand tliis ISth day of November, 1892. ^ [^^^H . „ „ (Signed) j. s. Manley, Commmioner U. 8. Circuit Court, Northern JMntrict o/ Cal{fornia. \ m 1 '• t.. LIBELS FILED AGAINST SEALING VESSELS. I United States op Amertoa, [ I Office of the Solicitor of the Treasury, Wa8hinflton, December SO, 1892. Pursuant to section 883 of the Revised Statutes of the United States, I herel).y CGrtify that the annexed statement contains a list of all libels filed under section 195(5, R. S., in U. S. courts, in the Territory of Alaska, since Aug. 27, 1880, so far as reported by V. S. attorney to this office. 1 also certify that it is the duty of U. S. attorneys to report such suits to this office. In witness whereof I have hereunto set my hand and caiisc^l the seal of the office of the Solicitor of the Treasury to be affixed, on the day and year first above written. [SEAL.] W. P. IfEPnURN, Solicitor of the Treasury. 827 m m 328 LIBELS FILED AOAINST SEALING VESSELS, a @_! a *, °. Si e o « « > ■/:S a " CO.S «j a 2 I e I 8 I II 3>, ^&& i< fefei "e" •• • • "C p e " tittle »■ I. » '■'i at 35 . . . ^ . »5 * * ^ - - »■§«» ttdaSsbwb 22 « — — — 2— 2 w 3 .1: .1! ,M - .2 O I- h« 1 1'' >' t* '■ ^ ! a> ^ '. Oi M p ooo'^o'^'^ol Iocs eo tS'O'C ."a** . T? *^ ■ ♦^ "^ "^ "^ -TS'a . 3C .= :i '- $ ? X - T. X d *) X X « • « « « 'p n ■y; •/. •/. r. t; x a <1 aj s a o o t^ 00 A : o o o e oooosooeoooosoooo III 60 o e o . o o o CO (4 o o c o 3338 OOCOOOOO 5 o,..ooeoo . .03000 ■3 ^ ti ^ 'O "O TS'O "O ^ .••fr'S'CIS'CO V ^ 1^ ^2 •2* .£ta.= -^ J'- S-a ^l-^P X B eieoeocosocseoo •c-s'e-C'S-C'S'o-c'o-3-s'C'O'O O £ E — «r 5 3 I = « .5 ■ , « — ^- - oa EC eo a •• 73 OB; . O . •o.g *«■«: , •: S >Ti a 01 « p M §11- W: (5. Bx-j<5e 2 ee-5 -— '•• p^ IS * ex ■a>8 ^►^:ji^|5^^ •g . B.S e . , •" t; f ■■?-=« .Bj: <- EC CO m MW^««", in taltiiiatt'd form, forwarded to your ])ei)artment October .'J, IHOLJ, is incorrect. I have therefore |»re- pared certified copies in full of all the ai)praisem»'nts of sudi vessels and cargoes on tile and of re<'ord in my ottice, which, together with a cor- rect tabulated statement of such appraisal values, I herewith enclose. Vei-y respectfully, N. It. PKCitlNPAUGH, Clerk. 1^ To the Hon. Lafayette Dawson, Judge of the United States District Court, District of Alaslca: We, the undersigned, a]>pointed and sworn tliis KJth day of August, A. I). 1887, to appraise and value the sclntoner San Dieijo, her tjutkle, api)areJ, furniture, and boats, and siu-li jjorlion of her cargo as may be in this port and can be viewed, report as follows: We apjmiise and value said scluxuier, her tackle, ligging, and ai)parel at seven hundred and sixty-six dollars (.f 7(>({.0(>) ; her furniture at one hundred and sixty-five dollars (.llon.OO); jut four boats, oars and oar- locks at two hundred dollars ($L'(K>.0(>); her salt ten dollars (*1(>.00); in all, the sum of eleven hundred anared with the original, and that it is a 829 m H $: 330 APPRAISEMENTS OF SEALING VESSELS. .4 corroot trnnsoriiit tliorefrom and of the wliolo of such original, as the same ainx'iUH of it'cord on fllo at my (tllice and in niy cnstcMly. In testimony wliereof I have hereunto set my liaiul and aftixed the seal of said court ut Sitlia, in said district, tliis 15 day of ()(t<»l)er, 1892. Ibkal.] N. It. rKCKiwrAion, Clerk. Sitka, Alaska, September 50, 1SS7. The nndersignod having been apiminted aitjnaisers by the Hem. I^afayette Dawson, Judtje of tiie U. S. couit for tlie district of Ahiska, to a]>|>raise tlie value of the sch. Sylrin Hotniif, a])|>arel, furniture, and stores, hep to state that we vahie the said vessel, incliuling a]>parel, furuituie, uud stores, at forty-three hundred an«l llfty d(»Ihir8 (!j!4,;{"»(».tM)). liKlllKN ALUEIISTONB. ' W.R.Mills. J. M. VANDEUniLT. (Endorsed:) In the TJnited States district court for tlie diet, of Ahiska. Appraisers' report. Filed Sept. 22d, 1887. 11. E. Uaydon, clerk. By A. A. Meyer, deputy clerk. The United States of Ameuica, Diftrict of Alasl-a, 8s: I, N. R. Peckinpaugh, clerk of the United States district conrt for the district of Alaska, do hereby certify that the foregoing coi)y of the a])i»raisement of the schr. Siflria Handy, her ai)parel, furniture, and stores has been by me compared with the original, and that it is a cor- rect transcript therefrom and of the whole of such original, as the same appears of record on tile at my ottice and in my custody. In testimony Avhereof I have hereunto set my hand and affixed the seal of said court at Sitka, iu said district, this 15 day of October, 1802. [SEAL.] N. R. Peckinpaugh, Clerk. 'i i , I I III ! Sitka, Alaska, Septemher 10, 1887. The undersigned having been appointed appraisers by the Hon. Lafayette Dawson, judge of the U. S. court for the district of Alaska, to appraise the value of certain vessels, together with their apparel, ftirniture, and stores, beg to submit the following report: Sch. Challenqe $3,600.00 Sch. W. P. Sayward 4,8!t4.50 St. sch. Grace 10,4OL00 St. sch. Dolphin 7,750.00 St. 8ch. Annielieck 2,600.00 Sch. Alice J. Alger 5,408.00 Sch. Annie 1,170.50 B(ih.Ull]fL 1,784.80 J. M. Vandebbilt. Eeuben Alberstonb. J. E. Lennan. (Endor.sed:) In the United States district court, district of Alaska. Appraisers' report. Filed September 12, 1887. H. E. Haydon, clerk. By A. A. Meyer, deputy clerk. v 1 w:.:- APPRAISEMENTS OP SEALING VESSELS. 331 The United States of America, Dintrict of Alaska, na: I, N. R. I'ockinp.iiifih, clork of tlio United States district court for the tlistrict of Alasiia, do hereby eertify tliat the fore;;niii<; copy of tlie a|)i)raiseiueiit of the followiii}; vessels, viz, schr. Vhtilleii;it\ schr. W. r. StiyicartI, st. sclir. Gnur, st. sciir. Dolphin, st. sehr. Anna Utrk, sclir. Alliv I. Ahjar, schr. Annie, schr. l.illy />., has been by iin' compared with the ori;;iiial, and tliat it is a correct transcript then'froni and of the whoU' of such original, as the same appears td' record on lile ut my ortice and in my custody. In testimony wliercof [ have liereunto set my hand and atlixed the seal of said court at Sitka, iu said district, tins ir> ihiy of ( ).'Niber, 18<.)2. [SEAX.J N. B. i'EOikliSi'AUUII. Ckrk. Sitka, Alaska, September 13, 1S87. The undersi4 sai'i'H HU]ipoHe(l to contain 618 nalttxl aeaiHkins $3,049. 50 Schooner Aifre.d Adamn: IIW sucks Htipposed to ''ontain 1,379 salted ««*al8kiii8 6,88i<.75 Schooiitir Alpha: 39 sauks sapposed to coutuiu 389 salted si^aiskiiis 1,912.25 Ste»in sriiooner Anna Jievk : :U siM'ks Hup]i Hhelis, loaded; IDO shells, empty; 110 eariii;l;;tis (44 cal.): T!> cartridges (45 cal.); 54 cartritlges, small, and 500 ))riiu**r.s, the total appraised valua- tion of which is herewith submitted at $ll'5.U0. All of whi(!h is respectfully submitted. Dated April 19, 1888. jEIfF J. KiTEHN. Gbwuoe Kostuometinofp. BdWD. ClIAMUKltLAlN. Endorsed: Filed in open court April 19, 1888. II. E. liuydou, clerk. The United States op America, Dintrict nf Alaxka, ««.• I, N. R. Peckinpaugh, clerk of the United States distrirt court for the district of Ala;>ka, do hereby certify tiiat tlie forcg(tiiig copy ( f the appraisement of fnr-scalskins an Stipulation. It is hereby agreed and stipulated Iwtwnen W. M. Grant, United States district attorney for and in behalf of the United States, plain- tiff above named, aud M. P. Berry, [u-octor for claimant, defeudaut, APPRAISEMENTS OF SEALING VESSELS. 333 II tliey haye .. $3,049.50 .. 6,88«.75 ■ 1, 912. 25 . 1, (550. 25 . 2, 033. 25 . 2,374.25 . 3, 84?. .'5 - 9, 394. 00 ,1 31,144.50 tollowing 7 iloiible "»!> Nliells, Ht},'«S (45 iMl valuu- INOPP. I. m, clerk. that tho appraiHement heretofore mmle and a(!cei)te(l by ei' skin in valr.e as tiie appraisement formerly made, to wit: '>n fur- seal skins, jippraised at two thousaiwl eight hundred and eiarhty-live (2,S8.J.P!;) d()l!ars. Uouc at iSii.ka, March 23, 1888. Whit M. Guant, United States Atty. M. P. Beuky, I'roctor for Claimant. The Fnited States of AikiERicA, District of Alaska, 88 : I, N. .1. Peckinjtaugh, clerk (yf the United States district court for the district of Alaska, do hereby certify that the tbicj^oing copy of the stipulation for the appraised value of the cargo of tlie St. Sclir. Kate and Ann has be»'n by me comjtared with the oiiginal and that it is a correct tran.script therefrom and of the wliole of such original, as the same api)ears of record on file at my otlice and in my custody. In testimony wliere(»f 1 have lu'reunto set my hand and atlixed the seal of said coiut at bitka, iu said district, tliis i ."i day of October. 12. [l. aA a, a. i'i::ciiiiM'AL(jii>. Clerk, i|! f ii onrt for y < f tlie vessels, Schr. cliooner nd that rigmaU tody. xed the >r, 1892. )lerk. iaska. 'iiited piain- iduut, 334 AiTRAISEMKNTS OF SEALING VESSELS. I , (t V > :'t 2 I e OS « f I i . p •>' £•1 5 >- -1! ^ •-* ot » s I * .H t5 o S 9 s a r.jBT.- f.~r~ -i-z^-i ^.f- f. g .* .-A .J .»a '.<'^.tk ." p b p p p p p S 3 ^ 8 3 S a ■r.af.-r.2!''--tar.'n .■< ."fl .•'I .y.^ .A P P & P P S S 3 8 8~~ APPRAISEMENTS OF SEALING VESSELS. 335 s a S 1 § e 3 a N sf ,4 is f, a 8 ^ a a ^ I •a fl wo i ?| OS at 1 a ^ « 1 ^ t i s 1 p. p. Pi i> p. p. p. P. Pi K p. p. e) H at V « IS o o e o c o S«i t«; » !«! !z >5 ill g S .S 93 org x« 2«" ■/.So - S § ^e . 2 Jd .^ — ^-: * - fB « t ji - X ■- m 5 = ■ IS ■^ -^ "to ^ '« - Ifi « * = "■•o^ a ?■" ^ a « m « . _: a; . -r 3 — IK ^ -no: |ii -1 1 1 1' ■1^ 1" arc ^Zy, -t^i 1 ♦i 4J s S ^ 43 «a ■ M M a a a fl a a 1 e c CO O V ij 4> » s 1 » § a a g 1 1 a ■g 1 '?. 2 'H i ■j 1 p. B< p. p. O) p« B. P. 1 A B. p< p. Pi p< Oi Pi 1 W <■ M ff « « « n 1 c O ^ o e> o C t?! >^ fe! >5 iz! 'A iz >5 9 ^ ^ u J3 2 c .a ,c .a .§ fC ,a 0) OD a 3 a> a 1 e •c B £■ •c X •c x U ^ n -< ^ W |X « p: Pi 8 ?5 n gj S s M m ^ . hi 5 1 1 1 1 5 1 6 QC C 00 d 1 a s a a p. p. 6 5 6 •- , c^ =? s, 1 ^ « ■* ■^ a in ^ •vl -* ^ ^ rt ^ pH i-t IH 1 1 i 1 s^ 1 1 1 h s Q 1 »a c a 1 E a ■2 ii 2 1-1 0) 4 s ^ 2 pt p. »• c. e >. p< (X p. a 1 ji ^ ^ « :? £ (g c^ :? e 00 ac 1 ', ; to D a >> "3 a 6 e IT n ' ^ a ^ 1 B =. 4 ^ •< i -? •-: ^s H» K; 1 2 u. a i 1 c 1 •5 n > I ' 1 S 4 1 3 1 6 { ^ i T lit i hi V a 5 .• tl c 1 B S . 2 *» 3 § 1 i^ 1 S^ 3 * 51. tc Si .■> .5 a ..S-CT'^ *< ■/ S2S b p t9 t> Lj u 13 t & a 8 8 % ■"^ "i S 1 ' "g 1 "43 o h. " • ^'^ U S - o ci > .^^ OJ "< o 3 = 5 If I «3 ^«5 iz; t, -a o i- - CO *- a => ^ fc- S '/3 fc- -^r 5 2 « o rtO .S --^ * 'ta 2 = = * .■« 2 5 >. t» s x e8 a ■^r ♦" *-' c * * tS © +j .- •'■' "S 5 22^ 11 m \i ' "i m v4 336 APPRAKSEMENTS OF SEALING VESSELS. j; To the Honorable Disthict Court of the District of Alaska: The undersigned appraisers appointed by your honorable court, and sworn to appraise the value of the cargoes of the schooners Lilly L., San Jose, Annie, AUie I. Algar, Ellen, Sylria Handy, and the schooner Angel Dolly, her small boats, tackle, apparel, furniture, and cargo, beg to submit : That in commencing their labors of appraising the fur-seal skins stored in the Government warehouse, tlicir progress was greatly im- peded by the unsystenuitic manner in whicl) they were stored, the various lots, instead of having been sei)arately stacked and labeled, had been promiscuously thrown in heaps, without pretense to order or system. A number of the sacks had been partially destroyed and ren- dered useless, having been gnawed by rats; and from the same cause about a dozen pelts were found t) have been damaged. Many of the tags, with which the greater part of the sacks had been marked, were also destroyed by rats and carried oft' by them to build nests with, as was afterwards ascertained. In order to bring some system into the chaos and to enable your appraisers to proceed with their duties, your honorable court v»u.s requested to enlarge their i)owers by intrusting them to assort out and count by sacks the number of pelts beh)nging to the other vessels, not included in the lists to be appraised. Under such instructions that portion of the pelts were removed t'se, and after ascertaining the number of pelts contained in each sack (i»y opening a quantity of various si/es) to be five (5) bundles or ten (10; pelts to a sack. Each vessel's lot was ap- proximated accordingly, the result of which count is herewith sub- mitted, to wit: Schoonor Urace: Pelts. 78 sacks, supposed to contain 769 Schooner JJolphin : 62 sacks, supposed to i\ ntain 618 Schooner Annie lievk: 33 sacks, supposed to contain 335 Schooner Ada: 189 sacks, supposed to contain 1, 873 Schoe property to be appraised, consisting of fur- seal skins, is as follows by actual count and inspection, to wit: Schooner Angel Dolly : 175 salted fur-seal skins , $873.00 Schooner Annie: 304 salted f\ir-seal skins $1,475.50 Schooner San Joti: 891 salted fur-seal skins 4,601.25 Schooner Sylvia Handy : 1,678 Mat.dfur-aealtkiiu..... 8,323.26 I 'V U'f. APPRAISEMENTS OF SEALING VESSELS. 337 A: •urt, and LiUy />., schooner irgo, beg cal akins ?atly im- ored, the hibeled, I order or and ren- me cause ly of the liod, were < with, as int<> the ties, your ntriisting belonging I. Under an adjoin- r of pelts ces) to be >o was ap- with sub- Pelw. [ 769 ,. 618 .. 3a5 .. 1,873 .. 474 .. 1,379 .. 443 677 .. 387 and three ingof fur- $873.00 $1, 475. 50 4, 601. 25 1. 8,323.25 Scliooiirr Allic T. Ahjar: l,r.!tt salted Inr-Heal Nkins $7,974.50 SrliiHPiH'i- h'.Urti : lit.') siilti'il t'iir-81'al skiiLS 91)6.00 Scliiioiicr l.iUie L: lit;! salKil liir-scal skins 945.00 Makiii;; a total i>('.">,030 skins at an a)iiir;iisc(l valnation nfii'J.^ilXS.rtO. Addinji to tliis nundxM' of ."►,0;5(» jM'Its tlio lot not iipitiiiisod. but ap- pr<»xiniat»'d at (».s,"),j pi'lts, results in ii j;iiind totiil of 11, .SS.") ]K>lt.s on iiaml, which iiMnibcr is l.'(»7 in excess of the statement liiinded to the ai)piaisers by the V. S. niarshiiK and a;;rees witii tlie iep«irts of the olliccrs of tin' revenue cutters and the decrees of torfeitui'c, a.s far as concluded, within lU i)elts. The a]>iir;nsi'MU'nt of tlio srliooniT .(»;/'' /'»",'/. il'.'< small lioats, tarklc, np- parrl, etc.. aci'oiMiin;; to tlie lesliniony olitainoil, ami its arms and amninni- tion IS . 1670 79 1)>6 TIk' arms and a mm unit ion of tin- scliooncr Ullin , Tiio arms and ammnnition of llir sclioonrr Sati .loxo ('o])ies of the statenn-nts of the IT. S. marshal and the officers of the re.enue cutters are herewith appended for comparison. All of whicii is rcspeirtfully submitted. Dated February I'O, 1888. Jeff. J. KuEHN. J. M. Vandkkimlt. Geokcje Kostkometinoff. statement of the U, S. mamhal. — Lht of pillx jiiit up in sacks. Vm. AUio I. AlKar l,m\ Lilly I. Anna Ht'ck Grace Ellen Alpha Annie Kate and Anna. W. P. Savward 1!« ;!:«-) "Hit I'Xt :is7 :t(u 577 474 1873. Ada l,7St 1678. Sylvia Handy 1, r>2{) liidjihiu 618 Lotta Fairtiold 448 San .lose SOI Alfr«Ml Adams 1, .'570 (Error in footinj;) 11, iWi Should hv 11, iVA Au){ul Dolly (not ini'lniled in the marshal's list) 17.") 11, 618 Statement of officers of revenue cutters and copies of decrees of court, Allio I. Alfjur \,rm \ Ada 1,876 Lilly L Anna Heck (irai-e Ellen Alpha Annie Kate and Anna. W. P. Say ward 12364- 197 Sylvia Handy I.(i7"t IVMi lioljdiin f,18 7t;!» Loita I'airtield 443 195 San .lose Kill ;{K9 Alfred Adams 1,H79 H04 AngelDolly 17S r>77 I 477 I 11,902 f tM ■ if i Is -22 : J I'; 338 APPRAISEMENTS OF SEALING VESSELS. The United States of Amektca, Distrk't of Alanka, «».- I, N. R. Peckinpangli, tlerk of the United States district court for the district of Alaska, do hereby certify that the forefjoing copy of the a]>i»rai8einent of tlie cargoes, etc., of the following vessels, viz : d<;hooner Aufjel Dolly, 8ears of record on tile at my ot!ice and in my custody. In testimony whereof I have hereunto set my hand and atfixed the seal of said court at Sitka, in said district, this lo day of October, 1892. [L. s.] is, R. Peckinfauoh, Clerk, i .f )! PI- ;f >i TABLES RELATING TO CLAIMS OF BRITISH SUBJECTS AGAINST THE. UNITED STATES. Conplled ft-om the ichtdale of claims Kulimlttpd with th» Britiih »»« *nd ttom Uie Mthorltlei cited in eacli tablet Tablk No. l.— raJue of ve$tel$. Names. CamlpiiB Tliiirntiin (Ill ward W. r. .Say ward •irnrr Dnlpliiii AUtt Tonnago and value claimed. Tons I Viilu« rlaiiiifi). claimedc 32 78 94 i:t5j 18:; 174 m Valae per tou vlainicd. Actual tonnage and value. ^,000 ) $125.00 6, (MH) 4.011(1 I 6,000 i 12. imii I 12,000 7,000 70.92"! 42. .15 44. 2H 05. !»:i 08 (Ml ion. 00 Actual ' rpgislered tuns. .\veragp, $59. 72 31.90 29. :to 35, 20 59. 79 70.87 On. Id lical value. Value per ton. ♦1.905.0« »»59.72 Built.' 2, 2.58. ;i7 1.497,70 *70.92 «42. 55 2,(H7. 5(1 , *44.28 5. (1(18. (« 4. U(. 49 56.95 3 401,(15 (05.93 ( 08. 9(> <.5!l. 72 No Infor- nuitiun. 1801. 1871. Nil infiir- unit inn. 1881. 1882. 1874, 51.000 j 20.922.26 I I Ciillrrtiir iif oiistonis at Viitiiria. Hritisli Ciiliiniliia. Sim- p. 2!>8. '.Mrnanlili' Navy l.iHt and Maritime Uiicvtury. I'ublishvd fur tlit! Committee of Uoyd'a. •Avf iiinf value per tun claimed. * Claimed value per tun. Tabi-e No. 2. — Value of resucU. 4 ! Numea. Value claimed. Aniiiiint Appniixdil I'lali/i'il at value.' naif at I'nrt Tuwuaeud.* r.ra<-p ' $12,000 .\iiiia Hi'ck ' 8. iKNl ])nl|illiu 12. IIIKI Ada T.OCO 39, 000 »lll,41il ♦1,.525 2. CidO 007 7. 7.'-iO 1,225 2, iMIO 1,900 23, 654 6,557 The iiwnem clalnn'd tliat the appraised valucH were tmi liiuli and liny refii.teil to lioinl the vpr»(>1r at tliii.ir valiieK,' Mr. WeHl. tlip ItritJHli iiiiiiiHter. iiil'iirnieil Mr. Havaid .Sci niaiy nf Stale, (litolier 12, 1888. iliat llie ap|iraiseiiienl nf llie Anna Itrck waH aciepted and HKked that a reaiipraisenient ut tbe lirace ui\i[ Doliihin lid aiillinrizcd.* ' Tlio apiiralded valup is from tlie nrlyiiinl apiiniimiiienf a( Sitka, oee p. :i29. • Copy of the reciirilH nf the Inileil SlaliH niarxlial I'm the dislrii t of Wualiiu{;ton, J)0«f p. 421, ' S<'iiate Kx. Duo., ii'il'UetU Couurtsaa, sead svsniuu, No. luti, u. 74. 838 il \m *i ii ]/* } ll 340 CLAIMS OP BRITISH SUBTECT8 AGAINST THE UNITED STATES. Table No. 3. — Claim$/oy inturance. 5 i o 5 age. V 5 i •S2 f W « ■^1 S n «2 1 KaiDM. 1 .2 J a o S i i ■a 51 .sS. 5a .is > ■ 8 4* § S9 5 = il 1 1 i P r IS s a s 1^ S. 2 53 52 5 s n ^ Si u <( o p.et. & M ^ 5 p P.ct. P.et. p.et. P.eU p.et. Carolena 1 ».'l. 500 »3,52. 50 10 07 30, a l'li(triiti>ii £I,2()U XI. 0(10 2,000 »492. 8:i 2tiO. 00 410. 70 8.4 6.5 8 4 25.2 "8 1». 5 8 25. 2 8 25. 21 8 £1,000 tS8. 80 21 6 1 Onward W. 1'. Say ward .. (irarc 2,000 .514.50 5.3 15.9 2,000 514.591 ,5.3 15.9 821.40 R.4 Anna Hrik l,40t .574. B« 8.4 25.21 8 2,(HI0 514..50 .5.3 1.5.9 2,000 821.40 8.4 25.21 8 2,000 514.59; 5. 3| 15.9 3,381.31 2, 150. 90 352. .50 1 Totjil premium claimed to liave been paid, ♦5.890.77. ' Kate on bull, outfit, and oarKO tlie sumo. (W. il. C. Fowler, seciptary Marine IiiHiirnnce Company, San Fnini'iaeo, p. 341 i N.T..IamrH, late |>i'eHident I'nion limnranee <,'oni|iany. Sua Kiuueiaco, p. 342; Uuiry b. Smith, marine secretary Sun Inxurauee Company, Sun FranciHco, p. 348.) Table No. i.— Claims for outfits and cargoes. Nainoa. I ronsiim- able uuttit. Carolena I $1,381.10 'I'liornton Onward W. I'. Sa.vwurd. (irace Anna Iteck 2. 009. 58 1.1:15.98 2. 336. 87 '3. 240. tiO 12,839.41 No. days out. Dolpbin i 3,47.5.22 71 75 53 54 85 103 58 Con- annied. /Vr cent. 60 62.5 44J 45 5I1| 68} 48j Amount Amount un- Skins consumed, consumed, seized. I Amount claimed 16, 424. 76 41828.66 ' 1, 2,55. 99 I .501.72 1 1,051.69 i 1,839.74 ; 1.949.73 1,079.69 $552.44 686 753. 53 403 634. 26 400 I, 205. 28 479 1, 406. 86 781 889. 68 334 1,795.63 618 7, 327. 64 3,701 'Five months' voyage. The ealciilations are based on the length of a voyage as stated in the schedule of claims, p. 6, aoo. 4, appended, tu the British case. Table No. 5. Kamea. Average values claimed for weapons, boats, and canoes. Rifles. ! Shotguns. Spears. Boats. ! Canoes. $26. 00 2,5. 19 .1 Carolena Tliornton Onward W.V. Say ward Grace . .' Anna lieek llolpliiii AllV.d Adams Juan it a . j I'atbliud.T 25.00 Black Diamond ! 25.00 Lily Hinnie 22. 50 , 25. 83 i 22. .50 ! 22.50 I 25.00 i $50. 00 35, 43 15.25 40.00 40.00 40. 00 40. ;XI 50.00 i ■ I $100.00 153. 17J 25. 00 $4.00 3.00 i 124. 781 140. ,50 75.00 $62. 12i 49. 50 .56. (K) 57. 00 ,57. 00 63.02 Average 24.39 65.00 ■ I 4, 00 I 4.00 I 3.00 I 39.07 3.60 1 118.69 67.59 The following arc the mirkct values: rifles > $12.50, Rhotguna < $25.00, Iwats > $100.00; >$76 to $100.00; •$100.00. I John A, Hasee, p. 348. ' A. P. Iiorentien, p. 344. * Coniul L. W. Hy«ri, p. 261. i s o" M > f 5 § * a : >> S : X 9 S : S. a ^il P.ct^l'.et. .50 10.07 30.2 i i 1 .M lllll ncc Compnny, uciaco, p. 342; III) Skins led. seized. 44 686 r.3 4(13 •J6 1 4(10 . 28 479 .86 781 (18 i 3:i4 53 i 618 64 1 3,701 i ns, p. 6, ■00.4, TESTIMONY. A.-RELATING TO CLAIMS OF BRITISH SUBJECTS AGAINST THE UNITED STATES. Deposition of Capt. C. A. Abbey, Uuited States Revenue Marine. United States of Amkbica, State, County, and City of New York, ss: 0. A. Abboy, beiiifj duly sworn, doposi^s iind says: I was ill the year 1880 aoaptaiii in the revenue service of tlio United States, and in the month of August of the same year was in coiniiiand of tlie United States revenue steamer Corwin, and wliile acting in that cajiaeity, on or aljout the lirst day of August in said year, seized the schooner Carolena, a vessel sailing under the Hiitish Hag, f(»r unlawfully taking fur-seals in the waters of lieriiig Sea. And I do further depose and say that no money was taken from said schooner nor from any of her officers or crew by myself, and none was so taken to my knowledge or information ^'" "'"ney taken. by any of my officers or by my command or authority. C. A. Abbey. Sworn to and subscribed before rao, as witness my hand and otlicial seai [his l.'JtL day of December, A. D. 18!)1J. [seal.] Arthur M. Wiener, Notary Public, New York County, N. T. Olliriul position. Seizure lena. of Oaro- ■< t n R.boatn. and Deposition of W. R. C. Foirler, marine necretary of California Insur- ance Company. Statk op Caltfounta, City and County of San Francisco, ss: W. H. (3. Fowler, being duly sworn, deposes and saya: J am forty-two years of age, and reside in San Fianci.sco, California, and am a citizen of the United States. My occupation is tliat of insurance. I was marine secretary of the "'""i'"""" California Insurance Company, of San Francisco, from 1S81 to 1886, and was secretary of said ort of the vessel from a spring and summer sealing voyage, which is usually in August or Sep- tend)er, the owners frecjuently surrender tiieir policies * ■ for cancellation and receive a pro rata amount of the prendum for each month of unexpired time. In insuring a sealing vessel the premium is divided into four i)arts; one fourth is pairenMum. In case seizure voidH policy, of seizuie the i)olicy becomes void from that date. The ves.sels eiigag<'d in the sealing business now are of a superior <|Uality to those usually engage«l in the business in ISSfJ and 1887. The cost of survey is from ten to twenty dollars. Wm. H. C. Fowler. Quality of vessels. Survey fe«. Subscribed and sworn to before me this 15th day of October, A. D. 18!)i;. [seal.] Clement P>knnktt, Notary Fublic. Deposition of K. T. James, president of Union Insurance Company of San Frunddco. State of California, (Jitif and County of San Francisco, ss: N. T. James, being duly sworn, deposes and says: I am forty years of age; a citizen of the United States, and reside in occu)ation San Fraucisco, California. My occnpaticm is that of ccupa on. insurance. Was ])resident of the Union Insurance Company of San Francisco until quite recently, and was marine secre- tary of tlie Fireineii's Fund Insurance Company of San Fraucisco for seven years previous thereto, both companies of which done a marine insurance business, and I am thonmgbly familiar with the rates i)aid by sealing vessels now as well as those paid in 1880 and 1887. In those years the general rate was eight per cent for total loss on Bering Sea sealers, and they were not to go uoith of St. Lawrence Island. The rates on outfit was the same as on the hull. The cargo is usually, to the extent of the outfit, insured under the outfit policy, the same being consumed and the cargo takes its place. We made no difference in rates of insurance between steam and sailing vessels. Insurance last year was about seven per cent, or about one per cent less tiian in 1886 and 1887. The vessels engaged in the sealing business for the last year or two are a better class of vessels than those of 1886 and 1887. Insurance on sealing vessels is asually taken out in February of each year, although a few take out Quality of vessels. Insaranco date. RELATING TO BRITISH CLAIMS. 343 iiisnranoe in November and Deconibor to seal aloiijj tho coast. Tlie total piTiniuni jh divitled into four ])artM; on«>-tuuitli is paid in cash, tlie otiicr tlin'c tomths in notes i>ayal>le in tlircc, six, and nine months, with tlie piivilcfje of cancteiinj; tiic policy on return of vessel to port, and \vlier(> no loss is elaiined the premium on each entire month, not entered uiurn, is retnined t4» the owner. The cost of survey is from ten to twenty dollars. In case of seiz- ure of vessel the jtolicy is void and the insured usually ^""cy fee. do not pay their notes, chundng that they are broken s.Miiire voiiu pol- up. '•■" N. T. James. Subscribed and worn to before me this 15th day of October A. D. 18!»2. [SEAL.] Clement Hennett, Notary Public. Deposition of A. P. Lorentzen, shipping agent, owner, and outfitter of vessels. State of California, City and county of San Francisco, ss: A. P. Lorentzen, being duly sworn, deposes and says: I am fifty-four years of ajje, an American citizen, and reside in Ala- meda, Cal. My occupation is shipi»in}ra{jent and owner and outHtter of vessels. My jjlace of business is lU <""'i'""»"- Stewart street, San Franciseo. Have l)een engaged in the business to a greater or less extent since 18(5.'), and since 188."> I have been an owner and otherwise interested in vessels engaged in the sealing business. Have fitted out vesscds and am thoroughly familiar with the business. Vessels going on a sealing crui.se are nsually fitted out for an eight or nine months' voyage in January or Ft i> g^^"'^^"'"*'' °' '**'* ruary of each year, and the cost of a complete onttit for a fairly good vessel, carrying a crew of from twenty to twenty-five men, is about three thousand dollars. This would include the entire ( st of provisions aiul subsistence of a crew of white men, including insurance, as well as all other expenses for a cro- visicms, water, etc., we allow fifty cents per day for eacli person com- posing a white crew, and it will fully cover the expense. I have had no experience with Indian crews, but, as they largely furnish their own subsistence and their own canoes, it woidd cost very mucii less to tit out a vessel carrying that kind of a crew. The cost of (dnirtering a \essel from forty to a hundred tons, geaierg."*^ A r i I fi4H ,) • '( ' 61 1 ! ■ V t ■it ' ' ■ i 344 TEflTIMONT Cl>Rt iHlttlN. Victoria vossela are roiiglior and not as woll niado, and 1 consider tliera nincli intVrior totliosc made iii San Fraiirisco. One small Itoat helon};^ regularly to the scalinj; scliooncrs. Tlic iMintinj; boats an- a part of licr out lit, and cost I'roin ninety to a linndrcd dollars in San of iiuntiiiK i.'ljiiK.iscd. Tilt' same with sails cost altoiit a hundred and ten dollars wlien new, hut tlioy de|ir<'ciate (|iiite rapidly by use. I w(»nld not <'onsider a Victoria nuide linntiiifj boat worth over st'M'nty live dollars when new. They are not as staunch and well constructed as those made ity San Francisco builderH. What is known as nonconsunuible supplies depreciati^ veryrapiilly by use. A. P. Ij()1m;.nt/i:n. Sid>scribcd and sworu to betbro mo this ISth day of October, A. D. [SEAL.J Clement Bennett, Autary Vublio. Deposition of Charles Lutjens, scaler {master), Stattj op Califoijnia, Citi/ and Coiinti/ of San Francisco, ss.: Charles Lutjens, beinj.' duly sworn, (lei)osos and sayflt I am o() years of at?«>, a naturalized citizen, and reside in San Fran- „ ,, Cisco, Calilornia. 1 am owner and masti-r of the seal- ing schoonei' natc and Anna. 1 havt- been enj;aj,'ed in the sealiuf; business since ISSiJ. My vessel is a small schooner of about 30 tons and carries three sealiujjf boats and a crow of 12 nuMi. I allow for subsistence for an S or !> numths' c. iiise a hundred ^^)»t(iui..« of «.-ai ,|„||,jr,s per man or twelve hundred sistence an/ San Franciseo, ss: Alexander McLean, being duly swoiii. deposes and says: I am thirty-three years of age, and a master mariner by jtrofossion. I reside at San Francisco, and am a citi/.en of the United States. I have l)een engaged in hunting the fur seal in the ISering Sea and North I'acitic for the last ten years. Have been owner and part owner ot »!>•" «"ce. vessels engaged in the business. Was one of the tirst to«'nter Bering Sea and engage in pelagic hunting of seals. Have been one of the most successful of all of th«Kse engaged in the business. Have been in Ber- ing Sea every season, except the last three, since 1882. The hunting season begins in Jiering Sea the fore |>art of .July and ends the last of August. 1 entered Bering Sea'three n<'rii.« s,.a .oalinjf years in succession on July 4tli, and usi'ally came out August 2.')th, at which time the season practically closes. There are so few days after that when the weather will permit successful hunting that it does not pay to remain in the sea any longer. On leaving the sea the latter part of August all vessels make for their home port, for there is no seals to hunt at that seas(ui of the year in the North Pacitie. I am acquainted with nearly every vessel engiiged in the business of catching seals; and the number of skins taken by one vessel or a certain number of vessels is no guide to the number that might be taken by anotlier vessel. So much depends on finding the herd and keeping with it in its journey along our coast to Bering Sea that while one vessel may be fortunate in this respect another, equally well manned aud with the same number ot Soaliiii: a venture. ^J 1:1 I i. 1 1 '1 [ [t r \4 1 ! ^ilM ■ [^ 34G TESTIMONY ^ Hml III. TPiiHod one tl,j> ].,^j j,. Hiiiall boats, may 1»' niifortiiiiatc and iiiiiy not hooiit.' in nninber but a small |M'r cent (»1 the skins taivt*n by 'in- Ibrnicr. ^ ■ ''trrcct estimate can 1m' math' of the iinnil»«'r o) skins -lnit niijjlit m t;ik»Mi in a ^iven time by what otlifi- voss«'ls liavf nt u- by what tn*- \-fSH«'l itself had i'oi'inerly done, tor too miicli depen m uood bicU m this preeaiious business. The >;ie;iu*v jMntion (d iny iiie each year for years iias »f«'ii spent on Ituaid of a vessel as a master hnntin;; rtie fur seal in lie IJeriiifj Sea or Noitli Pa<*ilic, and I know from a«'lii!ii ;iHiwl»Mi;ie tiuiT there is not one- lialf as many seals in these waters thai there were a few years sin«*e, and the deeiease in numlier has bet'ii so rapid in the last four or hve years that, if eontiniied two or I liree years more, they will be so near „ . ^, , ,„ killed oil th;it ii will pav no one to hunt them. It is Catch ill IMiia. !• X. li II 1 i- • 1 true that a very lew ot the vessels ha\e mad*' a fairly good ealeli tliis y«'ar, but that was bronjjht about by tiiose ve.s.svis yo- in^ over to the .la|)an coast and lii.iiin<; in with the herds there that had not iieen liiinttM! to any jjreat extent. When In- dian hunters are employed on a .sealiiif; cruise they go on what is known '"as a lay." Tliry furnish their own canoes, and ea<'h canoe ha- a boat puller and huiit«'r. The riin' is for the hunter to ^et one-third, ilie boat puller one third, and thr vessel (uie third of the catch of cacii anoe. The vessel tiirnishes tli4' supplies, hut it costs (Uilyab«Mit one li,;!!'to subsist an Indian crew that it does a white ciew, for the Indians live chielly on the IIj^sIi of the seal ami hard bread.. Sealinj;- vessels are liTied out in February tor an eifjht- montlis' cruise, but t ney sometiines run into X'ictoria or to the we.st coast of Vancouver Island in May or oi .I'lne and ship their skins, preparalmy to entering liering Sea. A. MoLean. Iiidinii liiintvn. DateofoiitUttiiiK Roahi pmeiit •priiiK rulcb. Snliseribeti uuui sworn to before loe this 7th day of October, A. D. jrtffAI.^ Clkmemt J{rnnktt, iiotury L'ublio. DfwmmHnn of Daniel McLean, tealer {maftter). Statk J) ^11.. .1 1 .1111 i-'itj"- OecuiDttlon- Ri)>i>rlenaa Been red the 1 tho.se waters. r»>es and .say.s: • ytnm-n t^ j^ee, and am a masier iiniriner by profossion. I itHside ill "San I'ranciHeti. and uiii a naturali/ed Ameri- ni!i' eiti/f! Ilavf Iteen eiigajie.l in jiela^'ic hunting of he NortI I'aciUe and Bering S«'a for the >. The V --.el in which I was in eoniniand of seals e .-r i-aught in any one .season in i::lit Ih- cailleii a pioneer in pehign- hunting i: Sea. I iisuallx enter the lU'ring Sea diir fn -. I-. !a ;. is aiL'- niiini' i am wiiai in the Mer """''"•■' ing the for part of .Inly and leave the last of August. Tin- sea bi-omcs too rough to make it protitable to Luut seal afttii- Augu.,t, i>;id it is the practice for nearly all veaselei eu- ^k RELATING TO lUMTISII ri.ATMS. 347 S<'nliii|> a vi'iitiiro. papod in linntinfi seal to leave about that ti.iie. A fow soinotiinos rv- iiiiiiii later for the piirpcse of trying to raid the islands, luit tin-re are HO tew (lay.s that the sea is smooth enough to hunt after September 1st that it does not jiay to remain any lonpj'r. After leaving Herinp Sea tlie last of August all vessels po direct to their inuiu' port, for there is no seals to hunt in the North l'a<"illr during September. The conditions for a successful catch are so uniny that while (tn» vessel may take a pieat nniiiy another with eipial as larpe a crew may secure only a small number. It ropiiics experience, careful study of the habits of the seal, and a thorough knowledge of their rcMite of tr. vel alonp the coast to IJciiup Sea to secure a yood <-atch. 1 have kuftwn vessels to leave port on the same day that I did with the same nundtcr of crew and boats, and at »he end of the season 1 had al»out two skins to their (.ne. I know ....!'•,.'::',';.'''"'""'""* there is in)t one half as many seals in the waters of the Morth I'acilic ;ind Herinp Sea that there were a few years apo. At the rate they have been decreasing for the last three (»r four years it will take oidy about two years more to use them up. It is for the interest of the sealers and everybody else t'nit somethiM}; be done at »»nce to stop the indiscriminate slaughter u\ the fur seal in ., , o I- 1 . 1 i'4. 1 i. Pall' ip( MiilllllliiK. those waters. Sealing vessels weie lormerly titted out in l''ei)rnarv for an eipht-months' cruise, but last vcar some of them IK'. hair Ki'ili i p iiifU t of H|iriiit( ciiti'Ii. Inilian hiiiiliTit. fitted out earlier, s*) as to avoid beinp warned. We usually run into some ])ort or phu-e in .May or .June, wlu're we can ship cuir skins before poiiip into IW-riiifj Sea in .Inly. Indian hunters po on what is known as a "lay," th(' vessel getting one third of the catch of each canoe, and the two In dians (boat-puller ami hunter) the other two thiids. The vessel furnishes the subsistenci' ami the Indians furnish theircanoes, spears, guns, etc. It costs oidy alioiit one half to subsist hii Indian «'rcw that it does a white crew, for the Indians live chietly on fish and the llesh of the seal, with a little hard bread and tea. Danikf. McLkan. Subscribed and sworu to before n>e this 7th day of Septendter, A. 1). [SKAL..J Clement liKNNKTT, Mutary I'uhlic. i DepoHiCion of John A. Mofjer, jr., u\anaiji»(i nirnrr of sraUny vesidn and xhipitiiKj iiijnit. BTATK ok rAMI'dUNIA, Cilfl and ('oiiHly of San Fraiirisro, sn: .lohii A. Magee, jr., being nnide(ui other i»arts of her outfit if it is m»t new. The cost of qiiinttintt In vir outllttln;; vessj-ls in Victoria is fully twenty per cent h'ss than in San Francisc(»; chietly lucause the outfit is inferior in quality and less in (piantity than those fnridshed Ameiican vessels at this port. Occasionally a N'ictoria vessel is fitted out in San Francisco, and I have noticed that tiiey sciinip in their snpplies, and buy much cheaper articles than Americans. This is «'S])ecially true of old vessels that are s«'nt out on sealinjji- voyajies from that port. The usual allowance in estimatinjf for snbsislence is fiftv n„9lll,.n^ *"''■''''*'""''" *•<""<« i> ''i"V for each nnin on board the vessel, b>it th'o aclnal cost is only about twenty live cents i»er num. l am told that the big sti'ann'rs running l>etweeii here and China subsist their crews at about twelve and a half cents a day for each nnm. I have never had any experience in fitting out sessels with Indian hunters, but as they furnish their own canoes, and their food largely consists of fresh and dried fish which they themselves furnish, it nuist be but a traction of the c(tst that it takes to fit out a crew of white men. There is but Utile ditU'reiice, if any, in outfitting vessels now and what it was in l.*.(K) Slf.rau<» l.-(. 00 A HrifiHli ('oliiii.liia traiiN|nirliitioii ciiiiiiiaiiv wliii-li i i;n.H lict wi'i n i'mt Siniji- Him and '.'irtoria, 1 am int'orini'd, cliari^c.-. Iiciwi'cn tliuNC two poiiit.s lor — Caliin L'o. 00 StueragiJ Itt. 00 (iKOUtJK C. I'KItKIN.S. Sulweribe.d and sworn to before nie (his L'sth day of October, A. D. [SKAL.] OLE.MKNT BkNNKTT, A'otanf Public. Deposition of Tlarry S. Sn.ith, marine secretary of Sun Insurance Co. State of California, City and ('ountyof San Franeisen, us: Harry 8. Smith, being duly sworn, deposes and says: I am forty four years of age; reside in San Kraiicisco; am an Ameri- can citizen, ant! am marine .setirefaiy of the Sun Insur- ance Company of San KranciHcit. I am familiar witii nuirine insurance, and our e1' an in, and we make no distinction as to rates b(!t ween sailing and steam ncsscIs engaged in the sealing busi- ness. The cargo to the extent of the outllt is insured under the outfit policy, thecatch taking the place of the (oitlit consmned. Sealing vessels usually take out their insurance in rebruary or the last of daniiary, altinaigh (»ccasiniially (Uie fakes out insuraiKte in the tall of the year for sealing along the coast in winter. Insurance prciniuuis are paid quarter in cash at time of insurance; the OlM'll|llltillll. Expprlonce. Iimiirinirc rut(«. Insiiriiiii')' iliitu. 1 350 TESTIMONY otlier three-quarterB are in notes, payable in three, six, and nine months, witli the privilcfje of snrreiiderin}? the policy on return **'"'*' of the vessel to port and reeeiviii}? Itaek the unearned preiuiuins of such months as hav/ San FrnneiHoo, 88 : Mattiicw Turner, beiiifjfduly sworn, deposes aiui says: 1 am sixty-seven years of ajje; reside in San Francisco, and am an Anieiiciiii citizen. Mv occupiitioi! is ship builder, and OocnpM.on. ^^^^, ^^„.^.^ j^ ,^,^, Culil'/.niia street, San Francisco, Cali- Kx icrionc foMiia. 1 eiijia^Ted in ship bnildin^j; in 18(>S, and have xpcronce. \}m^]\ continually in the inisiness since IS73. Dnriiifj this time 1 have built a hundred and sixty-seven ves- tJaxtn. "^ ^""'""« sels, some of which are known as sealing seh(»oners, to wit: Sclir. Hi'iiii!Mt f), UOO Sthr. Lvdiii, liiiill in ISSlt, ;is tons rcj;., rost 4,I{75 Sihr. Ili'rmuii, Iniilt in 1S!1(). l(l(» Imis ivjr., cortt it, 000 S.lir. olu'.i, Imilt in IK'tO, t)> tons r<'ii..vi,st n.CXK) S.Iir. St. I'liiil, liiiil^ in IS'Ht, H) toii.s ll';;., icmt 5,500 .Sclir. Everett llavM, liuijt in ISKL'. :!7i tons rey;., eost 3, 7.")0 These vessels were tirst class in every particular, with {galvanized iron fastenin;js and triininiiiijs and brass spikes, and were comjilete to iio to s«'a with the excejttion of the lu'ddinj; and cahin fuiiiiture, which would «*ost not to exceed a liniidred and (illy dollars to each vessel. The averat-e cost oriiuildiu}; this class of vessels, compIet»> with every- tliiii}; ready to {;o to sea, is about a hundicd dollars per reuisten'd ton, tlios(M>v<'r .seventy the tons <'ostin}f less, and those under ])erhaps a tritle more. .V vessel of a hnndicd and lltty tons re;fister would cost ei;;hty live dollars per ton to iMiihl in San Francisco. All calculations are made on the net reyisfeied tonna^re as made by the eiistom-house ollicials, with this exce|>tion. that fractional parts of a ton are omitted from this statement. Tin' cost of huildiny- the .same (!Ia.^-^ of boats in Victoria, H. ('., would i»e fiom twenty to tliirty dollars less jter regis- tered ton than in Siiii Francisco. Timber is mneh less ami labor a little lower, beside.s the construction is much inferior in workmanship and materials to tho.se maile hero, which is the main cause of their costing « » RELATING TO BKITISII CLAIMS. 351 less. I have ropaiu'd soiiK'of the scliooiiers tlmt were Imilt at Vittoriji. iuxl have always fomid them roiifflily math^ and hickiii^j hi j^ood sea- poiiifj (lualities as ('('iiii)aiet(^ firm (/f (iutniiin Jy; l"'riuik,of Vietoria. A. Frank was 1' >ni in San Fninrisco; was ,4:^'^.''"''''''' "^ ^- a citizen of tlie Tnited Stales; never thri'w olV liis al legiance to the United States ritish citizenship nor to liav(^ taken any steps t4)wards obtaining the same. Joseph Hoscowitz became an American citizen by naturalization, coming to the United States from Nortlieni lOiunpe. He was well known on the Uacillc coast as a ciiizen of „/pi''n;r,',«'itr.* '^"' the United Stat«'s before he vreiit to N'ictoria to en;;a}je in business. !Ie frequently spokeof iiis American citizenship as tliou^h he were proud of it, and si)oke of himself as an Ameiican in Victoria whendoinjf business there; he always passed as an American citizen in Victoria. He had, so I was itiformed l>y the late U.S. consul at Victoria, Mr. Stevens, business with the ccuisulatc there as an American citizen, and was universally i-ej^aided and looked upon, so fai' as I am informed and believe, as an American «itizen in Victoria. I know that he owned an interest in the schooners which stood in the name of Captain VVarr«'u; but not only diople; in making inquiiies there I used aM sorts of ways — not dishonoial>le ways — I nu't men and with out statinj; my business talked to tliem; and talked to jteople wiio were associated with Hoscowitz, ami jjot from them such stat«'ments as this: "Oh, well, Hoscowitz put up the money for Warren; Warren did not have any money; VVarren was a ;;ood man t-o havecliai';jc of that Imsi- news; Itoscowitz put up the money and chartjed larfic interest — ate up lufl (Wai-reu's), shaa-o." And they also said that Hoscowitz had gotten 1^ ■jfc ; ii±: 352 TESTIM(1NY a little the better of Warren in tlie selling of skins. I never talked to Joe lJ(tseowitz alxtut tliat. I was workiii}; secretly. ,,,, , , ., It was wliilo I was in \'ii.tnin.(i. these (a«'ts in refj^an! to the ownership ot these vessels. Sub.seribcd and sworu to before mo this 12th day (»f December, 18{)U. [SEAL.] T. T. Wir.LlAMS, h H U'i t r m\ CitlzniHliip of A. Frank. Fnink'n ini)rt!.'ni»(> on M/irii Ailaiiii :iiiil Itlark hiaiiiimil. Deposition of William IT. WilliatiiH, United States Trcaa'y agent in charge of Vrihilof Islands. District op Cotatmhia, Citji of Wdtiliington, ss: William II. William.s, beinft duly sworn, deposes and says: I am tiie United States Treasury agent in charge of the seal fisheries on the Pril)ilof Islands. On the IStli and I'.tth of October, 1H92, 1 had conversations with Mr. A. Frank, at Han Franciscto.California, in the h'afhcr store A't-nm™'*'"" '^"'' of Frank & Frank, on Mattciy street. Me said to me that he was the I'rank «>f the tirmof (Jntma:; ^S: Fiank, of Victiuia, J>. C : that (iutman died atsea April, IHST; that he (Frank) (lid n(»t own any pait nt the Alfred Adams or her luitlit, noi was li«^ „ , , ,. , interested in iiei' catch; that he had no claim against the liiiited >ttales(iov<'rnmcnton account ot thcs<'i/.ure of any v«'Nsel;that he (Frank) wasan American citiz«'n and wasi%)rn in San Francisco, ('aliforiiia; that he In.d a mortga.geon the .1 //>(iitman,de<'ea.<«'d. to his ((Jutman's) brother. When questioned as to his iiiteiest in tiu' Alfred Adams \\\\i\ lilavk hiomnnil. as t(» whether he was n<»t a i»artner with (iutman, and tliat the mortgage was only a blind toevatV liritish Columbia laws, he laughingly replied, "No; 1hi-,v coidH I ?" lie linally saitt, " My interest in the vessels was the same as l'.oscowitz's in Warren's vessels; that he inn! no claim against the United States Frank rtfn»..i to w that any claim had been made lor him." He refu.sed to make any statenu'nt in writing. The tbregoing is a cojiy of the notes m.nle by me October I'Oth, the ne.xt (lav atter the conversation took place, and states notes. accurately the siutstance ot the conversatKMi between the said Frank ami myself in relation to his interest in 1«.S7, ISS.S, and I.S.Sit in the liritish (Columbia sealing vessels Alfred Adams (afterwards the Lily) and the lihiek Diamond. WM. II. WlLMAMS. Sworn to and subscribed before ine, a notary public, ftu- and in the District of Columbia, this tenth day of December, 1L'. [SEAL.] Sevellon a. Brown, Notary rublio. Frank » intcn-Ht in in the cwu Hooler*. Frank" inliTi-st •iuiilurlM lioBi'iiwiU . Character ot notes. .'>^' RELATING TO FUU-SEAL8 AND SEALSKIN INDUSTRY. 353 tallvod to I learned i> vessels. rtS, agent in \\ fislierica •ith Mr. A. itlicr store said to mo ! \ FriUik, he (Fnuik) nor was liti im aniiiust tlu'Sfi/.iir«' icaii ritizt'U liat lir li;.(l >/V( /««»'/ lor thf tiiiH'of H' court at mail iit tlie ii's t)r')thor KMi tuni«'(l •r. VVIieii */(/»( ,s and a i>artner ily a blind ;ly n'plit'd, iiiti'rt'st in WarnMi's li ted States iid tliat lie V lor him." ■r LMUli, tlio and states )n lM't\\«'i'ii lllt (iiily sworn, dcjiosos and says: Thai he is a rt'sidciit of San l''raiicis('«», Caliroriiia, and is by occu- pation a cottpcr; that duiiiifr the jtast twenty yeais lie lias been employed by tlie Alaska Commereial Coin -vi"rpm«. ]»aiiy in headinj; the casks in which ar<5 jiackcd tliC! fur seal skins re- ceived by said company from the Piibilof Islands; that up to l.S7!> such sealskins were packed at the coaii»any's warehouse; that I have scimi such sealskins pack<'d, and lu'ver saw but a very few o|ieiied at the warehouse to examine as to their condition; that as soon as tiie casks had been packed and headed thev '^" "i*'"" trnim- were at once placed on drays and drawn t<» the railroad f,,.iii sim Kraiicimro. station; that since 1S7!>, when a vessel arrived in jiort with a consifiiinient of sealskins, tlui^skiiis wi'ie iinictaded and packed ill bundles in the casks at the wharf, the casks bein;;' there headed and thence taken in drays to the railroad station for shipment. Moses S. Hai?nari). Subscribed and sworn to before me this ITtli day of November, A. 1). !S1»2. [SEAL.] Clement Hennktt, Notary rublio. Deposition of Charles J. BeMoio, furrier. State of Califounia, ('ity ami (bounty of San Francisco, ss: Charles. I. Hehlow, beinji' duly sworn, deposen and says: 1 reside in San Francisco, State of ( -alitornia. and am by occupation a t'lir merchant, and have been so eii;;aj;ed perma- neiitly h»r the last .io years, (liirinj; which time l have been constantly handling larji'c ipiantities of raw fur seal skins from all dillerent locations, and can readily distinguish the respective (pialitics, si/e, ajjfc, and sex. On the L'L'd iiisjant I examined twenty fur seal skins, ex-American sclio(Uier Man) Hroirn, from the l{eiiii<; Sea, and found the same t(» bi" fresh skins taken olV the animal within /,J,';;i;V7ti|t;.'u. ""'^ three months last past, and the same were killed in the Ih'ring Sea. On exaii. illation they proved to be the skins known as the Northwest Coast seals, and belonged to the herd which have tlu'ir rookeries 41) salted fur-seal skins, ex- American steamer (Uty of Puihio, t'umi Victf island. Tiie !<»t contained 73 skins of the fur-seal, male (matured); 72 skins of tlie fur seal, gray pup under one year of age, sex doubtful ; 804 skins of tiie fur-seal cow (matured). Most all of these S()4 cow skins above referred to must have been heavy with jnip, and the same cut (»ut of them when captured. Ciis. J. IJeiilow. Subscribed aud oru to before me this 27th day of August, A. D. 1892. [SEAL.J L. Meinincer, JVotary I'ublio. DcjMsition of Charles J. Behlow, furrier. State of Cai,ifornia, City and County of San Franciaco, ss: Charles. I. llehlow, being duly sworn, deposes and says: Iresiilein San Francisco, State of Oalilbrnia, and am by occupation a Ei.t'rionce *"' nuM'cliant, aud have been so engaged jtermanently iptnonce. ^^^^ ^^^^ j_^^^ ,j,. y^,.^^^^ during wliich time I have been constantly handling large quantities of raw fur-seal skins from all dif- feieut h)cations, and can readily distinguish the respective quality, size, age, aud sex. tee i)' .-.I RELATING TO FrR-SEALS ANT) SEALSKIN INDrSTKY. 355 On tlio tr»th instant I examined 1!U salted fnrseal skins ex- Anieri<'an barkentinef/. .1. Falkniherff, fnmi Sound Point, Alaska, and found the same to be fresli skins taken ot! the ani- A;«/o'j"»t!iiI"" ^ nial witiiiu M months last ])ast, ami that tliey were killed within the North Paeitie, and as I am intormed arc the cati'h of the American schooner Ijit Ninfa. On cxaniiinition, I found they were tlie skins known as tiic Noitliwest Coast st'als, an skins of the fur seal cow (matured). From tin' shape of these cowskins most all of them must have been heavy with pup, and the same cut out of them when captured. ('lis. .1. Hkiilow. Subscribed and sworn to before mo this 21st «laN of September, A. D. 1S!>L>. [SEAi..] Clement IJknnett, Notary Publio. DepoftUion of Charles J, lichloiPj furrier. State of Califoknia, Citjf and Countif of San Francisco, ss: (yharles ,1. IJehlow, belu}; (Inly sw(»rn,deposes and says: I reside in San Krancisc«>, State of California, and am by o<'cupation a fur merchant, and have been soeufyajjed permanently tin- the last .'{"> years, durinj; which time I have been coii- Exporienno. stantly handling lar}>;e quantities of raw fur-seal skins from all dittVrent locations, and can readily distin{:fuish their respective (juality, si/e, age, and sex. On the 1-tth instant I examined 3(12 waited fur-seal skins, ex-Ameri- can barkentine J. A. Falkenberg, from Sound Point, Alaska, and found the same to be fr«'sh skins taken otV ,,/i''.X','J'''"" ^*"' the aninml within S months last past, and that they were killed within the North Pacilic. To the best of my knowledfje and belief tlu'y are the catch of the Hritish steam schooner Tliinth: On exaniinati(Ui, 1 fimnd they were the skins known as the North- west Coast seals, and belong t() the herd which have their rookery on the Pribilof Islands. The lot contained: 1 skin of the lar«e fur-seal bull, 28 skins of the fur seal male (nuitnred), 20 skins of the fur-seal jjrey juip less than one year of age (sex doubtful), 'MU skins of the fur- seal cow (matured). From the shape of these cow-skins most all of them must have been heavy with pup, aiul the same cut out of them when captured. Cns. J. Heiilow. Subscribed aud sworn to before mo this 21st day of September, A. D. 18!)2. [SEAL.] Clement liKNNETT, Notary Publio, !lM(,l •!!' '•1 I r.!*..i |:IPNI 356 TESTIMONY Deposition of Charles J. Behlotc, furrier. State op CALiFOHNtA, €ity and County of San Francinco, sh: Charh'H .1. Rchlow, briiijf duly sworn, (1(>poReH and says: I rcMidc in Hun Fiancisfo, 8tate of Calilbrnia, and am hy occnpation V , a fur nirrcliant, and liave l«'«'n so enijaL'ed ix^rnia ncntly for tin* last .{;> yt'ais, during' wiiifli tinu' 1 liav«^ been constantly liandlinK lar^e tiuantitics of raw fur-seal skins, from alldi(1('n'ntlo<-atious,and can readily distinguish the respective quality, size, a>j«'i and sex. On November 7tli, 1Sria. I beli<'ve these skins were ««wtch"'"°' '^"'"^ taken by the IJritish sealinj; schooner Favorite, and are the skins of seals known as the Nortliw«'st seals, whii'li have their rookeries on the I'ribyhd" Islands. The lot (MMitains .'J7 skins of the fur seal male (matured;, 1(» skins of the fur-seal pui> (sex doubtful), \'u skins of tlie fur-seal cow. From the shajie of these cow skins the animal must have been heavy with pup, anHiti()n Spa rkt I cutfh. i i'l « >■. H'r RELATINO TO FUR-SEALS AND SEALSKIN IXni'STRY. 357 DepoMitioH of CharlcH tJ, liehloir J furrier. State of California, Citif and County oj San FrnnriMCo, m; Chart's ,1. Hclilow, Im'Jiij,' duly hwoiii, lirposcs and says: I rt'side in San Fniiirisro, Statr uf ('alit'ornja, and am by (XTupatiou a fur nicrcliant, and liavc hren so cniraL'cd ikm inantMitlv .. lor tilt' last *» years, durinjf wliich tinn' I liavt» im'«'Ii (•onstanfly liandlin); lar^'c (|uantitii's of raw fur seal skins from alldiflcr- (Mit locations, and «'an readily distinjfuish the n'spt'ctivi' quality, si/e, ap', and s<>.\. On Novt'inlttT 7tli, IHIHJ, I cxaniini-d llil fur seal skins exsj-liooncr Czoriiia, and I find tlu'sc to be Northwest skins from ,. . . ., tlie iierd winch nave tlieir ro()keries on the rribylov i.mi . . aiiii. islands. The lot contains 27 skins of the fur seal male (nnitnred), 12 skins of the fur-seal fjrey pun (sex doubtful), SL' skins of the fur seal cow. From the shape of these »miw skins the animal must hav«' been heavy with pui>, and the sanu' cut out when ca])tured. Clis. ,1. I'.KIII.OW. Subscribed and sworn to before me this 17th «lav of Ns'vember, A. 1). 1892. [SEAL.] Clement Hennktt, Motary Vuldio. Deposition of Charles J. Behlow, furrier. State of CALiFctRNiA, City 011(1 county of San Francisco, ss : Charles J. Hehlow, beinp; duly sworn, deposes and says: I resi«le in Han Francisco, State of California, and am by occupation a fur merchant, aiul have been so entjat'ed permanently tor the last .to years, durni;j which time I have been constantly handlin^r lar^re quantities of raw lurseal skins from all the ditl'erent Jocatioim, and have examined skins taken at all periods of the year. I find that all fur seals taken both in the Bcrinj; Sea and on the islands theicin, from abimt the lOtli of Au^jnst until the end of October, are what is known to the trade as „.^"'«''y *'''"'' '* staj^cy, meaning the animal is chan^inj; its coat, dur- ing: which period its skin is very inferior in <{uality; in fact, almost un- merchantiible. Chs. .]. Heiilow. Subscribed and sworn to before me this 18th day of Xftvember, A. D. 18»2. JBEAL.J Clement Hennett, liotary I'ublic. m 'ill : tt IMAGE EVALUATION TEST TARGET (MT-3) l^. {^/ /.^* :/. ^ & 1.0 I.I 1.25 ,. lit ■— iF us 112.0 1.8 U il.6 Photographic Sciences Corporation 23 iMEST MAIN STREET WEBSTER, N.Y. 14580 (716 873-4503 S. ^^ -r^^ ' o % .V 1.\<^ '^^ <'r''',u.j^T' .< ■? \i I li' ' ;' tj: li 'I '": "I ' Ifc I f j 858 TESTIMONY Deposition of Charles J. Behloic, furrier. CoinpoHition of pe- lagic catches. State of California, City and county of San Francisco, ss: Charles J. Belilow, being duly sworn, deposes and says: I reside in San Francisco and am by occupation a fur merchant, and Ex rience luive been thus engaged for the last tliiity-flve years, xpcnenc . handling during this time large quantities of fur-seal skins from different localities. On the date hereinafter mentioned I examined the following salted fur seal skins with the following results: (1) August lo, 1892, 1,294 skins, ex-American schooner Iranhoe. Result. JOG mjile skins, 109 pup skins (sex doubt- ful), 979 female skins (matured). (2) August 11, 1892, 1,603 skins, ex-American schooner Sophie Suth- erland. liesult: One large bull skin, 18 small bull skins, 212 male skins, 139 pup skins (sex doubtful), 1,233 fem.ale skins (matured). (3) August 18, 1892, 1,335 skins, ex- American steam schooner Louis Olsen. Kesult: 187 male skins, 1 bull skin, 1 small bull skin, 75 puj) skins (sex doubtful), 1,000 female skins (matured). (4) August 27, 1892, 2,009 skins, ex- American schooner San Diego. Eesult : 2 large bull skins, 2 small bull skins, 324 male skins, 101 pup skins (sex doubtful), 1,040 I'emale skins (matured). (5) September 28, 1892, 59 skins, ex-schooner Kate and Ann. Eesult: 12 male skins, 2 pup skins (sex doubtful), 45 female skins (matured). (0) November 7, 1892, 43 skins, ex Mary H. Thomas. Eesult: G bull skins, 7 male skins, 5 pup skins, 25 female skins (matured). 1 believe that all of the female fur-seal skins above mentioned were taken from cows heavy with pup. All sealskins above mentioned belonged to the Eussian herd of seals which have their rookeries on the Comniiiii'U'r Islands, and I am informed that many of them were taken in the waters ott" the coast of Jai)an. Chs. J. Behlow. Subscribed and sworn to before me this 23rd day of December, A. D. 1892. Clement Bennett, Notary I'ublie. Deposition of James B. Brown, longshoreman. State of California, City and cotmty of San Francisco, ss : James B.Brown, being duly sworn, deposes and says: I am a resident of San Francisco, California, and am by occupation Eiperience * lougshoremau. For twenty years I have each year been employed in the unloading of the sealskins re- ceived by the Alaska Commercial Company. Since 1876 I have been foreman of the longshoremen. Up to the time and for a year or so after I became foreman all the sealskins received were put into drays on be- ing unloaded. Since 1879, however, all the sealskins ^^•«j3kingof .kiDBiu ^pj.^. j,.j,,i^<.(j i„to ,.,^,,1.^ „„ ^in, ^],.,rf .;;,d then put into - drays as fastas the casks were headed. The sealskius EELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 359 Bundles oontain only two skiui). were always in bundles and none were opened except a few wliich were opened by the company's officer to see what condition the skins were in. I never saw more than two skins in any bundle so opened, nor did I ever see a bundle I, judged contained more than two skins. If there had been more thai? two skins in a bundle it would have at once been noticed because of the size and shape of the bundle. If more tlian two skins had been placed in a bundle it would have been more ditti(!ult to handle the (;argo, and it certainly could not have been bandied as rapidly as it was by us. As we brought the skins up from the hold a custom-house officer and the first officer of the vessel tallied the number of skins before v^e i)ut them on the wharf. I Jilso superintended the unload- ing of all the furs received by the Alaska Commercial Company, and among others the sealskins received from the Commander Islands. The bundles received from the latter were of much the same shape as those from the Pribilof Islands. Among those bundles which were opened I never saw one that con- tained more than two skins, or a bundle I thought contained more than that number. The same rule as to counting and paciking in casks was followed in relation to the skins from the liussiau side as was followed in relation to the Alaska skins. Jas. B. Brown. Subscribed and sworn to before me this 16th day of November, A. D. 1892. fsEAL.] Clement Bennett, Notary Public, Same witli nkina from Coiniuauder Is- lauds. ii' Deposition of William Redly Ball, scientist. District of Columbia, City of Washington, ss : Personally appeared before me William Healy Dall, of Washington aforesaid, who, being duly sworn, deposes and says: I learn that I have been quoted in the report of the British Bering Sea Commissioners for the purpose of proving that co- ition at sea is practiced by the seals. In connection " "" " ***** therewith I have to say that my statements as to copulation in tbe water rest largely upon assumption. Young bachelor seals are seen to chase females leaving the rookeries and to play with them in the water j pairs of seals are seen engaged in a sort of struggle together and to re- main caressing each other or apparentlyquiescent, sometimes for as much as an hour. From such facts, »vhich 1 myself with others observed and reported, it was considered not unlikely that these seals were of oppo- site sexes, and that they were engaged in citpulation, and, in the absence of definite information to the contrary at tU»ittime, I so stated to Dr. Allen, who made use of the note on j). 100, Vol. I, of the Bulletin of the Museum of Comparative Zoology. But it would be dangerous to rely upon these observations thus casually made, at a time when seal life was not so well understood as now, to prove that coition in the wa- ter is practiced. I never had an opportunity to assure myself that the pairs of seals seen playing were of opposite sexes, or, if they were, that tiieir play was of a sexual nature, or if it was, that the act was com- plete and eifective. There does not seem to be any way in whiiih any one of these m itter< ca-i be 2. [SEAL.j SSKVELLON A. BUOWN, Notary I'ublio. DepoitiUon of M. 0. Erskine, master mariner. State of Califoknia, (Jitji 0)1(1 County of San Francisco, ss: Captain M. (J. lOrskiite, being duly sworn, deposes and says: I have been in the employ of the Alaska Commercial Comjjany since ^ . ^ the organization thereof, as captain of the sup])ly •-xpermiK e. steamer of said company, which carried snpplies t<> the Pribilof fslands and other stations of the comi)any in Alaska, and wiiich also brought down annually to San Francisco the fur-seal skins taken on the Pribilof Islands by the said company as lessee thereof. From 1870 to ISVo, inclusive, 1 was ir c()nnnand of the company's steamer Alc.vandcr, and sincc^ lS7o I have been in (iommand of the company's steamer St. I'diil. The Alc.randcr was nctt large enough to bring down the full (pu>ta of one hundred tlumsand sealskins in omi cargo, so that it was at that time customary for me to bring down from forty to lifty thousand skins to Lrnalaska, where they were transhipi»ed by am)ther vessel to San Francisco; I then used to return to the l'ribih>f Ivslands, take on the renniining skins, and i)roceed directly with them to San Francisco; since 1S75 I have witli the «SY. I'uiil brought down to San Francisco all the fur-seal skins taken (m the Pribilof Islands while the Alaska Commer«'ial Company was frmnl'Zmis."'' ''''"* ^^'^>^^^ thereof. Ail the seal skins delivered to ine on the iSt. Paul from the Pribilof Islands wore in bundles, except now and th(Mi a few which were bundled on board of said vessel, never more than two skins being placed in a bundle. When the bundles and the few extra skins were phiced in the lighter at the islands to be taken on board of n>y vessel the Government oflicer always (U)unted them, and when they were hoisted on board the vessel they were again counted as they canm over the side by my lirst othcer. On arriving at San Francisco the vessel was unh)a(led at the wharf and the bundles again counted by a custom house olheer as they were brought up from the hold and also by an employe of the Alaska (commercial Company. All the buudleii were, siuce 1871), packed in casks at thi) wharf where RELATING TO FUR-SKALS AND SEALSKIN INDUSTRY. aci tliey wore nnloaded. Each cask was thcri' lieadcd, marked as to its w«'ifjlit and tlui iminber of skins it contained (two skins beiny' allowed to each bundle), and then taken directly to the railroad station and shipped to London. On the arrival of my vessel at the port of San Francisco several bundles of skins were rcfjularly opened to inspect the manner in which they were packed, I nc^vcr saw more NintT over two sUiiiM in a biiiiilliv than two skins in a bundle, nor do I believe that it w<»uld be i)ossible to i)nt more than tw<) skins in a bundle in such a manner that the fact w• » skins have been lankisnett, Notary Puhlic. DepoHitinn of Walter H. Fcrf/mon, master mariner. State of Califoknia, City and County of San Francinco, ss: (Japtain Walter U. Ferguson, of San Francisco, being duly sworn, deposes and says: 1 hav(^ followed the sea as a profession for twenty .vears and have been master of a vessel for seven y«'ars. I have "'"" *"'"' nuide two voyages to Alaskan waters, (me on the IJussian and one on the American side. For the last six years I have made a careful study as to the location of the winter resort of the Alaskan fur- seal herd, my object being to lit out a vessel and make a Aial^'ani'ii'r'g.^*'''^ catch of seal duriiig the winter months. In order t(» lo- cate the winter resort during these six years 1 examined several logs ■i, i • ^ It 1 \m } 1(1 i i £ \ , J [^ i i ;; 3G2 TESTIMONY • I •;' ^f i :^ I of shipH on voyajifps from Japan and China to the northwest coast of Araeri(!a, and also received inCorination from others in San Francisco and New York who questioned masters coming over the same route. I further studied tlie diarts of die North PaeiHe Ocean as to currents, winds, etc., and read all the books and articles which had any bearing on tlui question and to which 1 had access. All reports tend to show there must be an immense feedins'ground between latitude 40° and 42° north, and eytendiii<>' tVonj longitude 172° west to 1.).")° west. All vessels reported atdirt'erent places in this area discolored water with the ai)pearaiice of shoalwater, but upon sounding no bottom has been found except at a great depth. The reports of these vessels all show for tiie months of November, December, and January large bodies of fur-seal in this locality. I, myself, passed over tliis area in the latter part of August, 1S!)1, in the bvigantine Tahiti, and fouiul at various points from 172° west to 102° west on the 41st parallel the appearan(;e of dis(!olored water; sounding, I <^ould obtain no bottom at 200 fathoms; the appearance of the water being of a very liglit color, I am convinced that these patches >f discoloration are banks of floating feed, which, from my examination of the currents in that section, are kept in that i)ortion of the ocean by branches of the ocean currents. At the time 1 passed through tliese waters there were no seals in sight, it being too enrly in the season; but 1 i'onnd at varicms points large flocks of sandpipers, kingfishers, and other birds; this is further evi- dence of the i)resence of fe(Hl in tliis locality, or of small surface flsh. My opi)uon is that, on leaving the Bering Sea, the Alaskan herd pro- ceeds due south until it reaches this feeding ground, and then by de- grees works eastward, following along this area until they begin to ap- jjear again off the coast of North America in January and February. The only reason I have not fitted out a vessel to seal in these waters is tluxt other business has each year prevented me; but I am certain that if I had been able to embiirk in such an enterprise 1 should have made a good haul of seals during the winter months. In the latter ]>art ot Ai)ril, 18.S4, I was on the whaler Caleb Eaton, bound from Honolulu for the Arctic Ocean, about 200 miles south of the Aniukta Pass. In this locality we met quite a number of large fur- seals, liaA'ing tiie aiq)earance of bulls, which appeared to be travelling to the northward. My opinion is they had been in this feeding ground I have mentioned, wintered there, and were returning to their home on the breeding islands. W. H. Ferguson. I' Subscribed and sworn to before me this 18th day of November, A. D. 1892. [SEAL.] CLEJIENT BeNNETT, Notary Public. I I Deposition of Nicholas A, Orebnitzlci,* Russian military chief of the Com- mander Islands. I, Nicholas A. Grebnitzki, Kussian military chief of the Commander Islands district with the rank of Colonel, make the following state- ment: I have been residing on the Commander Islands and have directed all sealing operations there for the last fifteen years, and during this whole period have been absent from Experience. * No writttm evidence haviiifi been i)ro(luced in the report of the British Coinmis- sioiKTM in snpiiort n{' tlie vurioiis views attriliutcd to Mr. Grebnitzlti, the United Stutefi have dfcmcd it desinilile to obtain from that official a writtou expressioa of Lis vi.uws upuu seal life iu general. RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. SG3 re directed the islands but very little. I have carefully observed seal life, the con- dition of the rookeries, and the method of takin^i' seals at all seas-ms and under all conditions, with the object of keejiinji the IJnssian (iov- ernnient thoronfjhly informed as to its sealing interests and the i)ro]>er management of the same. While I liave never had the o]>]>o]it unity to examine the Tribilof Islands seals, yet I do not hesitate toex]U'ess the ojniiion that that herd and the Commander Island herd are ,„.^,5'^'""'«""8"'''"'ai distinct and do not mingle at all. There are some natives on the islands who are familiar with both, and who stale that there is a nuirked difference in the animals. IJesides, my studies as a naturalist enable me to state that it would be contrary to all reason to suppose that they mingle witli one another. Tlie Commander herd ai)proaches very ch>sely to the l{obb»'n Island lierd in winter, and yet itdoe« not mingle with it. Of this i am sure, for 1 have charge of I'ob- ben Isiand as well as of tiie Commander Islands, and know tlie skins of the two herds to be difll'erent. Tiie skin of the Comnianih'r seal is thicker, has coarser hair, is of a lighter coh)r, and weighs about 20 per cent more than a Eobben skin of tlie same size. It is wholly improbable tiiat tiie seals of the Commander herd visit any land other tlian the Conunander Islands, 1 believe „ , ., " 1 ,, ii • 1 ii -111- Minis ri'woit cxilu- they regard these as their home, tliese ishinds henig pe- she ly t.. ..wu bma- culiarly adapted to their needs at the ])eriod of bringing '"- ''''"''*• forth their young and of breeding. The fact that the IJobbcn Island herd still freqnents liobben Island to the exclusion of any other land, n(»t- withstanding it has been subje<'ted there to the utmost persecution, shows to my mind conclusively that the ])resence of man will not jtre- vent a seal herd from returning to the same hind year after year. Even 'f isolated cases have occurred (I know of none) in which, for various causes, a few of the Commander Island seals reached other shores, such exeepti(His Avould not disprove the general rule above stated. I <'an readily understand that a female which had been wounded in tlu' water might be subject (.s/c) to seek the nearest land aiul there give birth to her pup. Annually, at almost stated periods, they arrive at the islands and im- mediately proceed to occupy tiie same grounds which have been occupied during past years in a way which .^^J""'"^ arrivui of makes it inii>ossible to d(mbt that they are familiar with the locality. I believe that at some time during the year every seal comes ashore. There is no reason to believe that a certain num- ber of any class remain swimming abimt in the neighborhood of the islands all summer witlumt landing, although there is considerable dif- ference in the time at which ditt'erent classes arrive. Soor , ♦ter landing at the Commander Islands those cows which were fertilized the year ])rcvious give birth to their young. A cow does iu)t, excejit in very rare instances, give birth to more than one pu}* in a season. Tiie birth ( f pups can only take place on shore. Cows never arrive at the islands with new horn iiu]»s. But the impossibility of birth in the water is best i)roved by the fact that the pup when liist born is i)urely a land animal in all its habits. It does not voluntarily aiiiiroach the water till it is ^. . . 1 1 11 J 'li -i • 1 !• 1 i 1 i Swiiiiiiiiiiit of pups. several weeks old, and then it is obliged to learn to swim. A surf will soinetinies wash tlie young pu[)s olf the rocks, wiien they are sure to be drowned. The ])ui)s cannot swim at birth, but must be taught by tlieir mothers. A pui) would drown if thrown into the sea before learning to swim. B'rtli of young. -1 ■if "if? 364 TESTIMONY 111 I I \i] ;i li Copulation in the water T bciicve to bo linpossiMc, for tlio act is vio- Pcint'H' roiiuiuti.m '•^"''^ <*' '""K (luriitlttn, uud iu ffciKMiil cliuractcr similar jiniMwsliiif. to that iX'rroriiRMl by land animals. I believe that the seals leave tiie vicinity of the islands mainly oil ae<'ount of the severity of the winter. Of course I do cnl?r''Xm. '.'■'. "'*~ "<*t nu>an to say that they would remain on shore all the year round, as many of them do thrim^^hout the whole ..f the summer, for they would be oblijicd to take to the water to oiitain focd. Whatlmean isthalthey would not j:(» so faraway as they now do, but would remain around (he islands and thus ;;ivc additional ])roof of the un(|uestionablc fact that they rej^ard them as their home. I base this statement ui>on the fact that diuinji' mild winters I hiivo myself seen them in lar^c numbcisott' the Commander Islands. They are otten re])orted about "»(» miles south of the westernmost of the Aleu- tian Islands and the Kamchatka coast. This would be in accord with the habitsof the sealsof the southern hennsphere. which, I am infonned, are tbuiid in the sanu^ locality more or less at all seasons. The seals generally leave the Commander Islands by the middle of >"ovend)ei', by which time it has become cold and stormy; but in mild winters they have been on the islands as late as December. I do not think that fur-seals should be classed with wild animals any more than sheep or cattle when out ou larjic pastur- soais and wild nut- lnj>' j^iouihIs. Seals, uulcss needlessly frijihtened, be- come more or less acciistonu'd to the sijiht of man amoufjst them on the rookeries, and while on land are at all tinu'S un- der his comjdete control. A few men can drive a laijio number of them without dithculty. They are intelligent to a very high degree, ami can be made to become in a short time pets. The breeding males, or bulls, are alone aggressive. Seals are polygamous, and the powers of fertilization of the m.ale are very great. Since the births are abotit ecpially dis- h^Ti^J"^^uuZhV. tribnted between nudes and leinalcs it follows that under imtuial conditions there would be i; great excess of male life over that actually needed for the ])roi)agation ot the spe- cies; and it is, as in the case of so many other aninuds, for the positive benefit of the herd as a whole that a portion of this ex- n.S'miva«tT^e..,.s^ ccss of male life l)e killed olf before it is of sutlieient age to go on the rookeries. If not killed otf the ctmi- petition by the bulls upon the rookeries for females would be destruct- ive of much life. This com])etition is already tierce enough. During some of the years jnior tothe time of my arrival on the islands there had been considerable indiscriminate killing of Increase followed Seals witlumt regard to age oi' sex. I5ut during the tif- teen yeais of my management ot the Commander Is- lands rookeries all seals whic h have been killed consti- tuted a portion of the exc«'ss of males ab(»ve referred to and known as "bachelors" or "liolluschickie." This is why the rookeries are to day in a nuu'h better condition than when I lirst went to the Commander Islands, notwithstanding that until the year 18!)1 a gradually increas- ing number of largeskins has been taken. From KSS(i to 18U(> the aver- age annual catch was about 50,000, the skins all being large. Tlie last two years I have reduced the catches, because I now Peingic spaiiiiRcom- think oO,00() skius somewhat in excess of what the rook- deis^dmtioniniand ^^.j^^^ ^..^„ yj^.j^j .^j,,^ tbr other causcs wliicli I will men- tion later. 1 feel very sure that the great cause of this diminution is pelagic sealing. Introduction of jiroved iiit'tlioda RELATING TO I'UR-SKALS AND SEALSKIN INDUSTRY. 3G5 McIIkhIh iiiiw pldM'd prli'iTl. This year I liave counted ovci' ;{,ri(t() skins seized on pdiiciiiiifj ves- sels and liuve found '.HJ i)er cent t<» Ik' skins of I'eiindes. ... These were skins taken troni < nniniandt " Islnnd seals. .hi.Ii «« |,.r .Viit u- As to skins taUeii near Pribih)!' Island, 1 <(>nnted tlie '""''" skins seized in liie Ii<)S(i Ohan and lound two tliirds ;^) of tiieni were skins (dleniah's. Tiiese were taken, as tlie ioj; book of t lie liosa Olsvn shows, over SO nnles Ironi shore. I consider it a false ar«unu'nt to say that the kil!in}> of a proper per- ti(»n oi the excess of male life is had, ineicly Itccaiise it is an interfert'nce with the order of nature. If not in- 'ht one. Past experience sliows that it is rifjht. The method is not proved to be bad by showing that during some years too nianv males mav have been killed, and that the rookeries have thereby sulleied. When such mis- n/i.''ml'i'',,,'i''''^ '"""*' takes liave been made they can be corrected by reduc- inj:; the nundier of males to be killed for a tew years; for the most absolute con, (d can be exercised over the herd while it is on laiul. 1 claim that tne method now ])ursncd, when executed under proper rejiulations, is in theory and practice the only t)ne by which sealinj"' can be cariied on com- mercially without injuring the vitality of the herd and its ability to maintain its numbers at the juoper limit. It does not cause the seals to change theii- habits in any way, and I do not btdieve that even an excessive killing of young males on the iv^'.MUil'eluby""' '''^^ islands would Inive the effect of altering the habits of the female seals with regard to landing, and cause them to remain about the islands instead of coming on shore. Cows, exeejit, i)erhaps, in rare cases of accident or for scientiHc pur- poses, are never allowed to be killed on the islands, and the reason for this is that all cows are needed for ,„,^r" ""' ''"'"' "° breeding purposes. To kill, therefore, any cow except a barren one (and there are few barren ones excei>t amongst the very (dd cows) indicts a much greater injury on the herd than the loss of a single life. Jt is not true that because it is i>roi»er to kill a certain number of males it is also juojH'r to kill a certain number of females. But assuming that it might at some time beconu' desirable to kill some females, it would still be wholly improper to kill them without regard to size or condition, as is the case when they are killed in the water. There is at the present time upon thet'ommandcr Islands an abun- dance of male life for breeding purposes, and thereisno fear that any female will not be served from lack of virile males. On the other hand it is undoubtedly true that there were in 1S!)2 relatively fewer females than in former years, and 1 attribute this to two causes, first, to killing of seals in the water,and, second, raids upon the Islands. The first of these causes is by far the more important. The raids have, owing to the great amount of foggy weather, taken idace to a certain extent notwithstanding the greatest i>r(M'autions to guard against them. The raiders kill males, females, and pu])s with- out discrimination. But however injuriously the raids have affected the rookeries, still they are of much less importance than the killing of Virile nialcH uliiin- (laiit.. KciniilcH(liniiiiiHli(Ml by pi'lii^ii' kllliiif; and raids. ii ^ if \ fi l.i 4 ,. r S ^' t w, 306 tliri-ati'iiH III' lurd. TESTIMONY ('ommnndcr Isliiiid seals in the wator, Sinkiiif;, Few killiMl liiiircii cows Cow HiickloM own Jill p. uniinK '■ During the past oxiiii.tidii two siiimiicrs, and especially diiriny the last one, this killiii};' in the water has beeonie so jfieat that if allowed to eontinue in future years the herd will be in danger of ultimate extinction. 1 only her own i)up, and the |>ups are for the first three to live months dependent altogether on their mothers for food. Conse(piently when the mothers, who after the birth of their ]m])s leave the rookeries in search of food (traveling sometimes con- siderabh' distances, I do not know exactly how tar), fail to return their pui)s must necessarily «lie. There are always a few dead ])ui»st(»be found on the rookeries whose ,, , . , (leath is not due to that (»f their mothers: but during the last yearortwoa greater number ol dead pups have been actually noticed than heretolbre and have attracted the attention of all persons on the islands who are at all familiar with seal life. It can not be successfully contended that they all died of natural causes. There is no disease among the Commander Island seals; and while a certain number of young pups an^ always ex])osed to the danger of being crushed to death (but not as a result of the drives which are made to collect seals for killing), or of being drowned by the surf, yet these causes of death will not account for the greater mortality of ])up8 which took place during the i)ast summer. Besides, the bodies of the dead pups 1 refer to are those of starved animals, being greatly ema- eiated. It is chiefly during the next few years that the effects of the recent killing oi females will beccme most noticeable, because kiliing*" "' '"^^'"*''''' many of the ])ui>s which in those years would have be- come bachelors, or "holluschickie," hfive never been born, or died soon after birth. With regard to the driving of the seals from the beaches to the places of slaughter, while it does not benefit them, yet I believe '^'^'"*' that there are very few cases in which it (h»es them any liarm, even if they are redriven. I am sure it does not render them impotent. It should l)e remembered that, unlike the hair seals, they are fairly adapted to movement on land, as is proved by the fact that they are in some cases actually driven considerable distances over ground that is both rough and steep. RELATING TO FUR-SEALS AND SEALSKIN INUl'STKY. 367 Since the killing; of seals in the wafer is wastefnl and in every scnso contrary to tlie laws of natnie (wliicii lennire that spe- cial protection be atlbrded to tln^ feniides and yonn;-' of ,,J,\';'!,';l;i!!:,T '"''"''"' all animals), I am of the opinion that it should Ikmmi tirely forbidden, if it is only i»artly snppresseil or |)rohil»ited within a certain distance from the islands the evil would not ln' ciiumI, althonf;li its etlects might be less noticeable; i\>\' tlu^ kiliiiif; of I'einales, many of them heavy with younj;', wonld necessarily continne. since all exjie- rienco shows that fennile animals always constitnte the thief catch ot the open -sea sealer. Nicholas A. GuKnMTZKi, District Chit f of the ('imiiunuitcr lnhnuls, Dintrivt iSt. I'detfiburyh. 20 November-8 December, 18!>2. United States Consulate (Ienioral, St. P(tiirjili, IhrniilHr S, lSf)2. I, J. M. Crawford, consnl-fjeneral of the United States at St. i'eters- bnrf-h, do hereby certify that Nichola A. 'rcbnitzki, military ciiief of of the Conunandei' Islands, appeared before nu' this day and deelared, under oath, that all the statements contained in the Ibrcjioin^' article, consistinfj of twenty tive (I'.'t) pa^cs, are, to tlic Itest of liis knowledjie and belief, strictly true, inclnding the snbiititution of the woni "nmies" for "seals," on i)ajie 14, line 18; the snbstitntion of the word "males" for "seals" on i)a}.'e 1(5, line 10; the snbsrtution of the word " males" for " seals," on paj^e 17, line 8; the omission of the word •• to" on pas:e 19, line 18, and the addition of the words "consideral)le distances" to line of page li4. [seal.] J. M. CUAWl'OUD, U. .'J. Consul- General, December 8, 1892. Deposition of Max Heilbronner, Secretary of the Alaska Commercial Company, State of California, City and comity of San Francisco, ss: Max Heilbronner, being duly sworn, deposes and says : I am a resident of San Francisco, California, and am secretary of tlie Alaska Commercial Company, which i)osition 1 hav«^ held siin;e 1882, ]H-ior to which time 1 acted as Assistant Secretary for said Company. 1 am thoroughly familiar with the books of said (Com- pany and the methods employed in counting the sealskins received by said Company from the l*ri))ilof Islands during the term of the lease of said islands to said Company. 1 hereto append a comi)arative statement of the various eountsof fur- seal skins taken on the Pribilof Islands bv said Com- pany for each year from 1870 to 18S9, im-lusive, as the „„'i7'.TllH',Mrs'''of same apjiearsonthebooksof said(jonipany; thecolnmn ^Jj''!'" •""" '«"•* '» entitled "Island Count," represents thennmber of skins appearing in the invoice nuide out by the Company's Superintendent on the Pribilof Islands and d<'livered to us on the arrival of the vessel transporting the skins to San Francisco; it gives tJie count of each season's catch as made by the Govennnent othcials and Company's agents on the Priloilof Island; the second colunni entitled "Inspector's Count " represents the number of skins reported to the Collector of Cus- toms of the United States by the Inspectors of Customs who counted .Itii J t ' I H 1 ■ :hi \ ' i 'I ta !r ' 1 (I i-' !■ i 1 m^- ill 368 TKHTI.MONY tlu' .skins ii.s tlioy wt^o luilomled from the vessel nt flie wluirf in San Francisco; (lii|)liciites of .said reports lieiiif; j;iven to tlie Aliinka Coin- inereial (joinpany ; tiie tliird coliiiiin entitled " Packing Count" repre- sents tlie number of skins reported by tlie employes of said Company as the saiiH^ were counted when bi'inj,;' packesent8 the number of skins, as counted by (7. M. Lamp.son iS: Company aixl so accounted to us after the sale and delivery of the same for said Alaska Commercial Company; all reference herein made to skins refer tothe fur seal skins taken ou the I'ribilof Islands under the lease of said Islands to the Alaska (Commercial Company. And deponent further says: That the seals killed between Aufiust 1st and the first to the tetitli day of dune following' were for food; that the skins of such for rooi'i!''^ "''''' "*''''''' ''^<'"J''* killed which w«'rc received were counted in the cpiota for the year Iblhmin;; said lirst day of vXnjjust; that is, the tiscal year of the Alaska C;;miiiercial Comjiany for sealinf; bejiiiM on or about the tirst day of Aufjust in each and every year of their lease of the Pribilof Islands, and the column entitled "Island Count" therefore represents the skins received dunnj; such fi.seal year and shipjicd from said I.slands; that the tables of seal killinfjs attached to my allidavits date, inclusive; that the ;{,4-l iiic'liiiloH flkinH retained frnm Iircvious years. 3,900 skliiH ri'taincd anil Hold in 1873. lucludun above uotoU 3,906 akins. 1 1,845, 110 ! 1,845,000 1 1,400 1 1 400 SVlnfl annnnntnil fnr In 1R71. 1, 843, 608 j 1, 842, 896 1 1,843,716 1,844,500 Max Heilbronneb. Subscribed and sworn to before me this 18th day of November, A. D. 1892. [SEAL.] Clement Bennett, Notary Puhlio. irf In San iiska Corn- Ill t" rcprc- (\»ini)imy ii|>ni(>iit t«> represents my aiul ho lid Alaska ofor to til e ise of saijl I tenth (lay ins of such ed ill tlui f August; "or seal ill};' sar of their 1(1 Count" year and •lied to my resent the laeli calen- it down ill aforesaid tual work- onimercial S9, inclusive. retained from ii)l<) in 1873, 1)6 skins. 7L ONNER. ber, A. D. TT, Fublio, ■ I Comparative statement of assortment, iveight, ami -prices realk ; Cat(^li as Year. pcrC II. iiM I'ipt.-*. A vi'i- Average aiif i>riri' in | \vt;i;;llt. I.iilitloll. I AVigs. El I'gf mul(lliii!,'s. 1874. 0!), 998 Piei'iis. j Wglit. lh». oz. Middling!). I'rifC. I'icii'.s. Wglit. rWcc. Pieces. Wght. rrici- 1875 ' KM), 032 1S70. 1877. 70, ,')11G I 1878. 1879. 1880. 98, 981) 99, 902 100. 036 1881. ISS'.". 1883. 1884. 1885. 1880 99,872 1887 j 99,940 1888 ! 100.000 1889 1 100,000 81 8i 89, 904 8 83 81 99, 760 8.J 99, 922 75, 076 8 90.942 09,992 la^a 27 10/10 155 46 ( lh». oz. 1 3,334 ; 22 7 71/— 1,469 1 1,110 1,918 1 1 ri4/o IhK. oz. 16 3 13 10 16 1 .il/— (2d and 3d sak'.s.) I 8 I. 12/0 3 ; \ 101/- 44 i 22 — ! 90/— 54/5 *m — 112 46 j. 212 \ 100 i. 33 i. 78 , 10 2 18 12 10 11 91/- 100/— 09/6 60/— 71/- 52/- Sound *56,0 50 80 10 8 60 I 18 7 133 18 10 29 19 3 (15/ 1, 563 074 1,038 1,.'J37 535 I 022 I 396 i I 90 I 1,738 j 340 ! 2,030 379 j 3,277 500 I 902 ! 557 i 11 4 11 7 11 11 11 14 12 3 12 4 12 14 12 10 57/9 50.4 60.4 57.— 53. 8 .50/— 40 2 54/- 73/7 87/3 106/2 118/— 17 5 13 6 J 13 10 13 14 14 12 n 13 270 ! 11 15 137 ! 12 12 14j! 116/10 125/— 113/5 116/11 02/9 94/9 104/10 100/7 87, 3 70/ to/0 1,316 I 495 I 30 I j 1,132 ' 696 I 170 j 222 ! 14 15 15 — 14 9 15 5 14 4 1,5. — 14 15 67/ 73/6 68/ 07/ 68/6 88/— 82/- rii'ccs. 11,155 j 6, 262 ! 9, 360 7.784 !l, 819 8, 027 3, 374 9,491 14, 979 4, 563 15, 854 3, 656 17,311 .5, 198 12, 2.54 2,758 0,070 2, 355 8,486 2, 505 6,501 553 2,308 16,658 3,089 2,890 9, 636 8,950 9, 302 Smalls. Wght. Ihg. nz. 10 3 7 Price. Large pups. Pieces. I Wght. ; Priee. Piecei 7,023 8 12 8 11 8 8 8 K 8 5,>/0 62/1 60/4 53/4 46/1 42 '8 40/9 47/7 71/— lbs. oz. I 13.877 1 57/7 14,09 8 104 82/4 8 lOi 06/4 8 13 lOS 3 8 14 I 100/7 8 15 9 1 9 2 9 o 9 4 8 14 8 13 8 9 8 12 8 11 10 1 10 4 g 15 10 10 9 11 3 95/6 06 1 00/4 80/— 87/10 90/2 105/3 80/8 76/— 59/1 67/6 71/2 77/3 78/6 83/6 113,8 09 8,004 I 13,799 j 1 9,018 13.298 9. 198 0, 451 10. 822 20, 470 5,551 18,767 5,218 16, 300 4.484 15, 970 3, 922 14, 688 4,065 I I 14,147 I 18, 302 11, 082 8 7 7 11 7 8 ; 7 3 7 3 7 5 7 7i 7 10 7 9 7 11 03.9 10, 3 01/— 17, 49 45/4 8, 37 i 37/5 13,70 3.5/1 y. Si) 33/10 0, 8S1 41/8 70/8 70,9 87/2 93/7 7 12ii 03/9 7 10 A'./IO 7 11 7 13 7 14 7 14 7 8 3,778 7 8 15, 917 7 5 1,075 7 8 5,852 7 8 27, 154 8 3 7,113 8 9 5,000 8 21, 096 8 1 23, 138 8 4 8 3 89/8 80/- 66/7 71/6 05/2 96 3 71/6 61/2 45 8 55 6:)/ 60/6 73 67/3 80/10 87/- 8, Hil 10, 8J 6, IS 21,02 6, 55 17, 21 4. 3i 21, 7f 5, 6'J 23, K 5, 0: 10, U 5, !.• 24, 4( 1,6^ 8.31 20. It 5,1! 5. .5< 22, 4( 35, 5( ,:0, 0( 26,51 123C4- Note. — Tlio ujiper figures [those preceded by oil asterisk] in the column of "Average price in London" are from iireliniinary telegraphic repoi [XoTK.— Twelve additional columns showing percentagts and based on tlie foregoing tables hove been omitted for the sake of brevity.] -Face page 309. Ight, ami prices realized on Alaska sealskins, 1874 to 1889. La rgc pupp \V«ht. ; lbs. oz. . 1 Mirtdlg. pups. .^iiiall pups. Middlings and s uiinlls. Price. - - 1 Yearlings. Damaged .skins. PU'cea. Price. Pieces. Wglit. lb». ill. 1 1 Price. PieecH. 1 1 1 1 11,2.59 • — — I Wght. Price. Pieces. Wj;lit. Pieces. Wglit. 1 lbs. oz. 1 Price, i Low. Cut. 1,880 PinUtt. 1 57/7 14,009 i 50/1 1 1 , lh%, OZ. ' ■ IW/ ! lb». oz. ( r.r.ia 1 1 13.877 ....,., , j 1 j 8 7 03.9 10, 30 7 5 50/- j 9, 418 ■ 2.875 11 14 07/11 1 \ 3.733 i 1 1 1,387 8.904 1 »!/•» 1 7 11 01/- 17,499 6 12 1 51/8 ! 15,968 5 11 43/2 2,691 11 10 73/3 ' 1 2, 975 2,175 82 13,799 j 1 45/4 8.372 1 3.5/7 0,59il 28/3 4,824 .54/10 ; 2,967 1,037 9,018 i:!. 298 7 8 37/5 i:i. 7110 6 9 32/1 , 11,911 5 10 25/10 1, 146 9 11 51/9 1 2.074 ' 2. 346 7 3 3.5/1 y, sd2 6 5 29/11 9, 025 ' 5 9 26/7 j 1,647 9 10 48,2 1, 792 i 2, 688 167 i). 1!)8 7 3 33/10 0, 893 (i 5 28/11 2, 810 ; 5 10 ' 27/1 3,949 9 11 48/5 2, 386 : 1,117 ' 9, 451 ] 7 5 41/8 8, 895 7 38/— 6, 538 5 8 34/9 1 4,593 9 13 .57/9 1 1,919 505 ; 10. 822 7 7i 70/8 19, 859 C 7i 00/8 12,544 5 12 56/11 5, 252 9 14 83/10 ; 1 i 2,242 1,783 20, 479 1 1 7 10 79/9 6,183 9 72,'- 7,130 5 13 50/4 2,027 10 7 89/3 1,090 443 203 5,5^)1 7 9 87/2 21,029 6 12i 80/4 14, 744 5 15 05 8 4,623 10 4 109/1 1,044 1, 945 18,767 1 1 5,218 7 11 93/7 6, 523 6 4 83/10 7,7,37 6 - ' 69/7 1,240 10 5 119/8 j 1 \ 769 574 7 I2i '93/0 17,247 6 12.J 88/8 16,543 5 13i 74/7 10,783 10 6 114,11 2,211 A, 107 10. 39C 7 10 85/10 4. 327 6 14 80/9 3,632 5 15 CO 5 2,340 10 7 ; 98 8 721 721 4.484 15, 970 7 11 H9/8 21,762 6 14 83 3 22, 139 5 14 ' 01/9 5, 577 10 8 110/9 4,740 2.409 10 j 7 13 80/— 5,629 C 15 6.5/5 5, 682 5 14 50/5 1,490 10 10 1 111/ 085 696 190 1 14. 688 7 14 60/7 23, 926 15J 46/6 20, 51(1 2 35,9 5, 300 11 1.5i: 85,5 2,577 ' 5 - 31/1 3, 7,57 2.017 748 1 4, 005 14. 147 7 14 7 8 71/6 95/2 5, 938 19, 182 14 8J 47,1 79/1 5, 252 13, 379 6 2 5 14i 36/- 66 5 1 ill 11 i 92/8 112/3 ;!87 i 5 _ 31 6 900 645 1,721 ' 2, 223 10 7 833 t 5 1 1 50/8 ; 2,135 550 1, 937 3, 778 7 8 90 3 5,155 6 9 70/3 2,432 5 15 61 8 1,104 10 7 115/11 130 ' 5 1 54,'— 598 2.50 692 15, 917 7 5 71/6 24,467 6 6 52/1 21,69.-1 5 11 44/6 1,794 10 2 106/10 1,292 : 4 15 1 39/8 ;i, 580 1.095 11,493 1,075 5,852 7 8 7 8 61/2 45 8 1,049 8. 311 6 8 6 8 46 6 35/2 1,208 6.004 5 14 5 13 40/2 28,7 179 10 103/— 57/- 144 5 3 33/ 71 247 282 10 8 344 5 2 27/— 1 729 408 23, 091 27. 1,54 7,113 5,000 21, 690 8 3 8 9 v-. 20. 194 5,190 5 590 7 1 7 51,6 55/1 67/— 68/— 9, 392 1 584 fi 6 50/6 50 3 4 094 12 3 78 — 1,080 5 11 4g/_ 2.910 348 171 «:)/ 09/6 73 6 7 1 196 1 12 79/- 81/- : 82/- 205 5 10 !.:;98 108 38 3 514 6 - 04/- 07 6 645 ! 11 15 867 5 7 62/— 6(1 00 8, 400 8 1 22, 405 7 11,300 6 2 1 4,099 12 2 2,405 5 9 62 3 910 1,028 777 52 feniiiles. 23, 138 8 4 67/3 35, 585 13 51/3 24, 820 6 43/6 2, 254 1 11 14 82 — 1 4,464 5 4 41 6 1.148 2.277 1,398 18, 302 11,082 8 3 89/10 87/- ,!0, 686 26. 507 7 1 7 1 75/4 73/- 29,242 .J3,811 6 2 6 1 1 03 10 01/- 1 2, 313 V2 fi ' 118,5 86 6 1 3,092 18.731 Ex.Ex.5J2 \ 5 3 1 4 « 1 01/7 51/0 2.503 5, 716 3, 7.50 3,813 2, 129 were dresstMl lie- fore tliesale. 977 i 2, 133 12 4 1 I preliminary telegrapliic reports, wliile tbe lower ones represent, respectively, the netnal average price as ascertaiucil from account of sales, 'or the saltP of Ijrevity.] Oc hf m: :/ it) Year. (.'iitcli as Avj'i'- Avcrngo Wigs. per(,'. II. n'^r jiiicf in riMciptd. »(;if;lit. l.oiicldii. pj,.,.,,^ \V"lit. I I Li. itz. 1874 ' 9ft,9U8 I 9 ;i/4 ! 1875 ' Ulll,0a2 i 8i 21 19/10 1870. ••)4/0 I 89, 904 1 8 \l Ji/'" IJ/U 1877 75, .120 85 1878. 1879. 188U. 98, 989 99,902 8i { 1881. ino. o:iO 85 99, 760 8i I 1882 99,922 1883. 1884. 1885. ,076 90.942 09, 092 10,1, :i9/- '.•iO.O ,")(! 9 lio'lO 1S80 j 99.872 ^ 0§ ,■) 2'\ 1887 \ 99.940 | 8ij J '?[{ ~ 18H8 100. IHHI 8J \ ^'Jt 3" i M 8 1H89 ' 100.000 : 7,Vo \ *%\l\ Iht. <(^. '.lO/O ' .'■io/9 ; *n,v_ ' RS/;! : 1 *r>5/B I :..-./! 1 i •42/0 ■ 42/7 ' *;i.")/— (2(1 fiiiii ;)(i 15/— saK's.) *35/— ' 8 ;i;t/i : &30/— .V41/10 *4;v- 411/8 *07/6 67 11 *7;i a 72/4 *84 S *K(i;_ I ;t I 85/11 I ■93/— I 44 22 — 99/ 93 '— I ' I 80/- I ' I 85 1 •82/- 112 : 19 2 91/ 82 1 *70/0 70 11 -.54' 6 54/5 .">5, 1 1 t '82 U ) «2,7 ) *83 I 83/4 *.-.«/- .i5/ll *53 Siiuiid . 53 fi 38/3 I I'liikcy ; Kx. I'gu iniiliUiii; 1 I'rice. TifctH. Wglit. , 1' Ibi. oz. 81 I 22 7 155 48 10 1 101/- I 40 ' UK)/— 212 18 12 00/0 100 00/— 33 71/- 78 I 10 11 52/— 89 ' 19 8 j C... 60 i 18 7 ...... 133 18 10 tVs. 20 19 3 ...... Note Tlii> iiiM"''' 11^'"'''" [tlioso preceilcd by aii astcrisl (XoTK. — Twi'lvo adilitioiial lolniiiim ftliowhiir pprccntnge 123G4 Face page \\m. -•'-n RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 369 Deposition of Max Heilbronurr, Ncrn'tdry of the Alanka Commercial VomjuDuj. I, lS\i\\ ircilbroinior, aec'vctary of tlie Alaska Coiiiinercial Company, sok'iniily swear that tlic tor('j;'oinfi' "Comparative statement of assort- ment, weiglits, and prices '•'alized on Alaska sealskins 1S74 to LS.SD," was compiled and formulated by me from the records of the Alaska Connnereial Comi)anj' now in my custody, and is correct and true, ac- cording' to my best knowledge and belief. Max llEILlJHONNER, Sed'y of Alaska Com mircitil Co. Subscribed and sworn to before me, at San Francisco, this 4th day of May, A. D. ISOli. [SEAL.] Clement Benniott, Notary Public. ■I 1*1 Deposition of N. Hodt/son, sealer. Personally appeared before me X. Hodgson, who deposes and says: I am twenty-four years old. 1 am a native of Ontario, Canada, and at present a resident of I'ort Townsend, Washington. I am a seal hunter by o('cu])atn)n and have nnide hve sealing voyages to the North Pacific 0<'ean and Bering Sea. I have handled a great many sealskins and can upon examination of the pelt distinguish the sex of the animal, except in the case of animals under two years of age; these can not always be distinguished. I exandned carefully this day four hundred and twenty sealskins on board the Ilri'tish sealing schooner Henrietta, which J/;;";''",",''.,';;" ""'■ skins, according to log and scidingbnok of said vessel were taken in IJering Sea during the month of August, ISUL', and find to the best of my knowledge ami belief the proportion of t!ie sexes to be as follows: Females, three hundred and sixty-one; males, thirty three; young, the sex of whu-h could not be distinguished, twenty-six. N. Hodgson. Subscribed and sworn to before me at Sitka, Alaska, this 21st day ot Septend)er, 1892. [SEAL.] C. L. IJoorER, Notary Fublic, District of' Alaska. 'M > iti ' M 'isl ige Deposition of C. L. TTooper^ captain, United States Revenue Marine. District of Columbia, City of Washint/ton, ss.: Persomdly ai)peared before mo C. L. Hooper, Avho deposes and sjvys: From the investigations concerning seal life at sea, ])ersonally con- ducted by me. in tiie Nortii Pacific during th(> months of March, April, IMay, and June; in Hering Sea during th(! montii of August and ])art of September; in the vicinity of the JrdnaiwTtntcd""^ Aleutian Chain during tlie niontii of October and part of November, as well as from the experience obtained in six other 12304 24 { ' lit 'I '! I Sn^ I imm I. i PMi 370 TESTIMONY citiiscs in Alaskan waters and in T3<'riMg Sea, I draw the following con* elusions: There were I'ewer seals to be seen in the water in the vieinity of the Tribilof Islands during the summer of 1892 than in 181M. At least 7i> per cent and probably 80 or 90 per cent of the seals in Eernig Sea, outside of a narrow zone around the seal islands, are fe- males, 7.J i»er cent of which are nursing niotliers and the remaining 25 per cent virgin cows, too immature for bearing. If barren cows exist at all they are rare. I have never known or heard «)f but one instance. In IJering Sea mothers go long distances, as far as 200 miles from the islands, to feed, eodlish furnishing the bulk of their food. Tiiey sleep much in the water, are not timid, and are readily taken; and their death means the destruction of three lives — the mother, the fu'tus, and the pup on tlie breeding grounds. The past season is the tirst in several years that such deaths among the pups have not oc- curred from this source. At least 70 per cent and probably 80 or 90 per cent of any catch in Bering Sea will be females, either actually bearing or capable of bear- ing at no distant day. This is borne out by the rdiaracter of the skins of the Jlcnrietta seized last summer for the violation of the modus Vi- vendi. The captain infitrmed nte that nearly all the skins taken weie tiiose of male seals. I'nder my direction an examination was made of these skins by N. Hodgson, a man of exi)erience, in whom I have entiie confidence. The catch, as shown by the log and sealing book of this vessel, was made in Bering Sea and c(»nsists of 420 skins, 301 of whi«'li were found to be females, 33 males, and 2(» those of seals too yimng to determine the sex. ror every 100 seals, the death of which results from pelagic hunting, not more than 0") or 75 skins are secured. The female seals are widely 'distributed over the sea, and hence the establishment of zonal areas woiild afford no jaotection, while the main- tenance of such areas M'ould be rendered impossible by climatic condi- tions. There is a wide belt of 200 or 300 miles between the Commander and rribih)f groups of islands which are devoid of seals, and hence no com- mingling of the herds occur. Tiiere is no fouiulation for the statement that, during the summer months, there are found in Bering Sea bodies of seals which are inde- pendent of, unattached to, or do not visit the Pribilof islands. The annual migration is caused by climatic conditions and feed sup- ply. T'he old bulls are the first to leave the islands, and most of them, to- getlier with many half bulls and large bachelors, remain in the waters of Bering Sea and off the coast of Alaska during the entire winter, in- dividuals rarely being found south of the 55th parallel. The major part of the herd, consisting of females and their pups and young males, begin to migrate abcmt the end of October, and by .lanu- ary 1st all of them have begun their migration. These dates are snme- what earlier or later, according to the season. Those that leave earliest go furthest South, arriving on the coast of California, and tiiose leaving later reach the coast further uj*. Their ariival is coincident with thecomingof the smelt, herring, aiul «>ulichan, upon which they feed. On reaching the coast their migration route is continually towards the islands, but following the general trend of the coast, the inner RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 371 limit being about tweiity-flve inilos oft" .shore and the outer limit from 75 to !()(». As this nii}>ration progresses, tliere is a bundling nj) of tliehenl, but tlu' seals tritvel independently and not in bands or scliools, Tlie migration route is from tlu' I'ribilof Isliinds tlirongli the passes across to the coast, ui> tiu' coast and iier(»ss the northern sweep of the North I'aeilie to the Aleutian (!hain, and thiongii tiu', passes again to the ishinds. Tliere is no foundation in tin* statement that the Piibi!<»f fur-seals which migrate have a winter liomeoft' any coast. Tliey nppear at about the sanu> time oft" a hmg line of coast, rea<'hing from Calilornia to Wash- ington. Wiien they are so found they are known always to be moving northward up the coast. Tiie herd, by reason of hunting at sea, has steadily diniinished, and such hunting will nltinmtely destroy the herd unless |)roliibited in tlie North I'acilic and Bering Sea, for, no matter how small the annual catch nujy be. there is a possibility that the hunt will always be en- couraged by the higher prices resulting from the decreased catch, as in the case of the sea otter. C. L. Hooper. Subscribed and sworn to before me this VMh diiy of I)ecend>er, 1892. [seal.] Sevellon a. liUOWN, Notary Vahlic. BcposHion of II. R. Mclntyre, superintendent of the Pribilof Islands. DlSTllIOT OF COLITMJUA, City of ]y(isliin(/ton, ss. II. II. Mclntyre, of West Randolph, Vt., being duly sworn, deposes and says: 1 have stated in former dei»ositions my connection with the sealeries of Alaska and opi)ortunities for knowledge concerning tiiem. When the breeding male seals tirst arrive ujton the ishuids in the spring they are much more timid and easily disturbed ., , , , than at a later period, aiui might perhaps be then driven from their chosen places ni)on the rookeries, but at a later diite, when their relation to their neighbors are fairly established and the cows begin to arrive, no anutunt of force will dislodge them, and they will die in defense of their harems rather than desert them. In rlune, I.S72, 1 carried a i)hotographer'8 camera near the I\'eef Ifook- ery on St. Taul Island, and while focusing the instrument with my head under the black idoth, and the attcMition of my attendant was diverted, two old bulls made a 'avage assault uiton me, whi<'h I avoided itydodg- • and running. The camera was left where I had jtlactd it and could not be recovered until seal clubs had been sent for anihnieof the bulls killedand the other knocked down and stunned. The thr(»wing(»f stones and noisy demonstrations had noeftect whatever ujion them. This ex- perience only emidiasized what 1 have observed on many occasions upon the islands. The fenuile seals are nutre timid, and ui)on the near ap- proach of man show signs of fear aiul generally move towards the water, but their Higlit is resisted by the bulls, and before impregnation they rarely succeed in escaping. Aft' '■ this occurs the discipline of the ha- rem is relaxed and the females go and come at will. i 4 ^ II. >* ^ \ »5 m ^^ i ; r WWi m la i'l I \ ' 372 TKS'IIMONY !'■ 1 lifi' I \h I iii'iduM" saw nor lioiird, in tny twcMity yciirs' oxpcrii'iu'c ;ks siinor- iiit(>ii(l('iil of tilt' .s»>;il('iit's, «»(' nii.v (lest ruction of pups hy rt'iisoii of stMinpcdcs of seals. Uiit I liavr oi'ciisioiuUIy witut'sscd the deatli (tf pups iVoui l)eiii<; tiiiiiipled U|)on Ity the old bulls duriu;:' their battles ibi' supii'iuaey. 'I'liis is, howevei', •»!' rare oeeiureuee. I-'veu il' stam- pedes oeeuned, the li;;ht bodies of the females, aveiaj;iuji' only SO oi' \W poiiuds, would pass over a lot of jtups witl'.wut seriously iiijuiin.u them. Later in the season, after the old male:< have been superseded on the rookeries by the youuf;er «»nes, the pups an> already aide to avoid bein^j; lun ov«'r, and, as a matter of fact, the «U'ath of pups upon the rookeries from any cause whatever pri(»r to the advent ofpelajiic Mealei-* in IJcrinj^ Sea was so rare as to occasion no comment. It was not custonuiry to drive from any points near enouf^h to the bieediufi' rookeries to cause stampedes, and even if this had been done, 1 do not think any injury to the rookeries would have l»een oi-casioiu'd by it. It mijiht «'ause some of the c«)ws to nu>vt^ away, but (hey would soon n'turn aj^ain. It is very tlitli«ult to detennino the avcrap' nund)er ot fenmlos i)rop- erlv assijiuable to a sin"le male, and ditlieult «'veii to Siz(> 111 liiin'iiiH. ' . • , ,, . ■ r •! 1 ascertain how nuiny there are in any j;iven tainily, ln'- eause the boundaries of the };i(»ups are never well delliied, and such as would be said by one observer to beloiifi' to a »'ertain bull would be de- dared by aiiol her to be in a dilVerent harem. The surface of the jironnd mainly occui)ied as breedinj^ rookeries is very irrcfiiilar. Harems some- times run toiii^(»f the family jironps, and it is not dilhcult, therefore, to se- lect t'crtaiii spots and count a number of teinale seals which ajtpear to be unattached to any male. On the other hand, there are often found fiiU- {ii'own iiialcs upiMi the rookeries at all seasons with no families, and a still larj^cr nunibei' with from one to live females each. Such variations liave always occurred. W"\\\\ our present knowledjic of seal life, it is impossible (o Jud;;e V ith any dcjirce of accuracy how many females may safely be referred (o a siuiile male. Ibit, by analojiy, it is a very much larmM- number than has fi«'(|uently been named as a fair average. 1 1 oise breeders re- j;ai(l a healthy stallion as capable of servinj;' from forty to titty mares in a siiijjle season; cattle breeders apportion at h'ast forty cows to a bull, and sheep raisers refi'ard fr(»m thirty to forty ewes as not too nmny for a single ram, and in the latter ease, at least, the season of servii'(> is no loufier than that permitted to the male seal. I think it Vdidd be safe to place an averaj^o of forty to titty seals to a liareni as not excessive. It is not ■iiisnal diirinj; the early years of the Alaska Commercial Company's lease to tind exceptionally lar};(> harems contaiiiinj;' from lifty to a hundred t'eiiiales eacli, but we saw no reason to doubt tiiat they were fully served by the male. The erroneous idea set'ins to have jjained lodj;nient that dnriiifj' the tirst decade of the lease a reserve of breeding' seals was Ext.Misioii of iiriv i;,.pt „„ (.eitain rooki'ries, and that towards the end of ill); uri'iiH. . 1 • 1 1 •! 1 i I ,1 1 this decade it became uecessaiy to drawiui llies(> rook- eries because killin*; l(tO,(KH>seaIs ])er annum had been t<)o much of a drain upon the herd. This has no foundation in fact. In the early years of the lease the transpoitation facilities \\\)o\\ the islands, both l»y land and water, were very limited, and, as the (lovernment ajjeiit in chaifio (Captain IJryiint) did not object, we etuisulted our convenience and drove more lietiueatly IVom iiear-by rookeries, but at all times worked KKLATINO TO VrH-SKALS AND SKALSKIN TNDrSTHY. '^l'^ \Vrii;lil III' liiiliilli's. tlic more distiiiit ntolu'iirs more or loss rrciiiiciitly, as appciirs by tlio iSfiil Isliiiitl records. Mis sinccssors in ollicc llicoii/.cd tliat all tlio rookeries onjilil to be \vork«Ml in regular rotation, and so directed. Wo tlierelbre increased one nninltei' of boats anivs. Hut we «lid n«)t do this because t»f any scarcity of Uiliable seals; no scarcity occurred until pelajjic sealin^i bad abeady made serious in- roads. Tliere was no such tliiuii ever tliou^lil of u\n)\\ the islands as 'Mcseives of seals,'' nor was any dilleient i»raclice jjiiisucd in rcspcti to driviufi from year to year, except that all rookeries weri' wtukctl un)re systematically alter the tirst few years of the lease. In the early years of the first lease a few oft he bundles ot" sealskins 8hipp«'d from the I'ribilof Islands mny haxc weij^hed as inncli as (iO pounds, but I would not undertake to sa> tuat I have seen any wei^hiuji' as much, if there weic any the explana- tion is as ftdlows: The skins in such bundles were tin sc of small wi^^s, ami such skins weic bundled toj;cth«'r so that the tiesh sides should be covered completely and no overlapping; edji«'s left. lOxcrement is voided by the seals upon tin' lookeries as otten, 1 think, as by other «'arnivorous animals. Tliosi' who assert the c(udrarv appareutlv expect such disclnn -it's as thev iA>i'imMii on mok were accustomed to see in the track of the lierbivora. TIh' excrement of the seals is of very soft, often semitluid consistcu<'y, and in the porous soil, ov on the smooth rocks, is easily brushed about, by the tiailini; llippers of the seals ami lost sij^ht of. Their food is ehielly lish, winch is highly orjiani/.etli dav of December, ISDL'. [SKAL.] SlOVKl.l.ON .\. lllJOWN, J^'otaiuf ruhlic. DcposHion of John ^^(tlolrausl■j/, (Hjcnt of lessees of Coiiiituuidcr rshiiids. District of (/<»!, i':mima, ('it If of \\'t(sh))uiton, ss: .loliii Malowansky, beinjj^ duly sw(umi, (b'poses ami says, with refor- euce to the s»'ctions of the IJeport of the Ibitish I'.eiin};; Sea Counuis- sioners lu'reinaft«'r named, as follows: 8k«'. J.S.'{. The seals whi«'h are killed lor skins on the islands have been arrivin*;- later during' tin* last two years. The killin;;' tinu' has been extemU'd two to three weeks. Nc; alteiation in the date of arrival of females or of birth of younji' has bi'cn noticed. Skc. L".M(. No one on tlu' Commander islamis believes that coition ever takes place in the water. Si;c. I.'U. I have never heanl the natives or anyom^ else on the Coiu- luander Ishimla repoit that there were barren females (»!• females with- out youuj;'. .loiiN Mai.owanskv. (Sworn to and subscribed before me, this l.tth (biv of Deceud>er, ISDl; :;ka.l.J JSkvkli.on a. Hijown. Notary I'ltblic. jT^'oJWi: 374 TKSI'IMOW '• ' i ^i I t I Ml Kxjiiri Miic. DepoHitlon of John MaJoirannlaj, aijvnt of h'ssecs of Commander IslaniU. State of Nkw Yoijk. Villi tiiul Coiiiiti/ of Xcir Yorl', ss: .loliii Miilowaiisky, hciiij; duly sworn, doiioses and aays: I liiivi' been on tlif Coinniandcr islands every year since 18f»!). I served for many years as the aj;enf tlieic of llutciiin son, Kold, IMiiiipens «S: Co.. the former lessees of the rijiht to hike fur seal skins on tliose islands, and 1 am now the a^cnt of the K'ussian Sealskin Company, tiie present lessees. My winter res- idenee is in San I'ranciseo; I am now on my way to Kussia to report to tiie CK»vernment and to my pii'ieipals. Wiienever tliere lias been a lieavy storm anovernor. It was my oi)inion and the universal opinion of all on the islands that thesi> deaths were caused by starvation, which resulted from the m(»thers having been killed by the sealinrey ]»ups her«'tofore mentioned as havinji' been killed were always plump and in good condition, while tlicse Itlack ]>ui»s were in all cases very thin and emaciated, showiiij;- evident sij;iis of starvation. Seven vessels were seized this seas(»n (ISMl') by the Eussian (Jovern- ^ . ,. inent for sealiii}; in the waters suriduiidini>' the Coiii- a latL' peUitji.' niaudcr Islands. They had on board al)out 2, AM skins, "■'''''• all of which, as ai)i»eared from the bullet holes in them, had obviously been shot in the water. It was evident from the fresli appearance of the skins and from the information I obtained from the captains of the seized vessels that they were not taken in the si>riii{i-, but throujihout tlie summer. 1 was present at the <'.\amination of all of them at IN'tropaulovski, and I(M»ke(l at almost every one of them care- fully, because I intciidcd to ]uirchase and did jjurchase a lar<>e number of them for the IJnssian Seal skin C(»nipaiiy. They were also examined at the same time by JMr. Grebnitski. jMr. Tillman, and a Copjx'r Island native named Ivan Chabarof. The latter is an expert in handliuj; seal- skins. He looked them all over and threw the males into one lot and the females into another. He had no ditliculty iii telliny them ai)art. 1 have not the exact tij>nres of the result with lue, but 1 know that over ninety per cent of the skins were females. TT^m, -f RELATING TO FUU-Sr,Al,S AND SEAI-SKIN INDUSTRY. 375 On o\w of tlio boats of a scizotl sdiooiicr (here woro tlie ciiri'iissos of 1.'} st'iils. I was idcsi'ut wliilt' these woiv li«'iii}^ skiiiiicd on our stcanu'i's (tlu'. /r«*/(A'\) (lock; allot tlicni wciv NuiHinK fi-maies. mnsinfj t'iMnah's, and tlio tU'ck was Hooded with milk when the skins wei»' Wiua lenioveil. All the captains of these sei/od vessels informed me that they took a yi«'af many seals L'(M) or more mih's from the islands, and it is my belief that the female seals jjo as far as tliat from the rookeries to feed. The eajttains ais(« knew and adndtted they were gettin};' mostly females, 'I he caittain of tiu' Mdria told me he lost two or three out of tive wonnded or killed. Diirin};' the last year or two tliere has been an enormous decrease in the nnnd)or of seals on Ct»i>i)er Island; on IJerinj; Island the decrease was not so marked. The si'als on '"'""x'-- the Coi)per Island rookeries feed nniinly to the east and southeast of the island, while those on IJerinj; Island feed to the northwest and west thereof, where the sealinj;' schooners have not ^i'one so much as yet; the two islands are about thiily (.'{()) miles apart. All the sealinfj schooneis seized were to the south or soutlieast of ('»»ppcr Island ex- cept one, which was seized to the northwest of Herinjj Island. I noticed one rookery in i)articular on (.'opper Island which two years ano was covered with breedinj;' seals and which now is bare. No ono on the islands doubts that the sealiii}; schooners have done it. The natives have become {jreatly alarnuMl and they bewail the condition ot the rookeries, claiminff they will starve if the seals <'oiitinue to de<'iease. This {jfreat decrease is noticeable in the female seals; there are enou}ili vigorous male seals to serve all the femalescominj; to the islands. The natives have reported in the last tw«» years that the number of females to a bull is pfrowinj;' less. This is the natural n'sidt of the sealers kill- ing priiu'ipally females. 1 am convinced that unless sea sealing is ab- solutely prohibited the Commander seal hoitlwill become juacticaily exterminated. Among the seal-skins taken from one of the vessels seized were some which were lighter in color and ditVerent in shape from the rest of the catch. Snigerof, the native who has "^•■•'•'"'"■"'t""»gi.'. been on the Tribilof Islands, at once pointed these out to me and said they were Pribilof seals. I spoke to the cai>tain of the vessel ab(»ut tliem, and lie told me that those skins came from tlie eastern side of ])ering Sea and weie skins of the Pribilof seal herd. I ;im, therefore, jtositive there is a marked ditt'erence in the two seal herds and that they do not intermingle. I have already stated that the seized vessels had on board about 2,700 skins. These were eonlisca ted by the (lovernment and taken to IVtropaulovski. They were there sold at aue- J]'l!TXl,nlm^'''^'' tiaui(»vski and were brought to San Krancisco by me upon the steamer KotiJ; the chartered vessel of the Knssian Seal- skin Company. At San Francisco I was present when these two lots were shipped to Alfr«'d Fraser, of New York, a member of the firm of C. M. Lampson & Comj)any, for transshipment to London, in casks which were nnukcd and nundiered as follows: The casks containing the lirst lot were nund)ered 22 to 40 and nuvrked »Ii. S. S. Co., A." The casks c'. In l.S!(() 1 went in tiic stoanuM- Alcitaidcr tioni Hciing Island to a place on the (loast about twelve miles north ot the rookiii's/''"" "*'"'''' Kiiinchatka Hiver, where I had heard, on what I ••on sidcred <;dod auihorily, that there were I'ur seals. "When I jn'ot there 1 only lonnd sea lions. Conimandci' Island skins are always handled with the {>reatest care. On several occasions, and esi»cciallv this xcar, C M. hmiXr'u'w'uUy'^^ iV:<'o. have praised the condition in which they were forwarded to market. John .Malowansky. Sworn to and subscribed before me this Kith day of December, ISUli. [«KAL.J ICnwiiN 15. NNOoDS, Notary rublir, Kings Co., certijicatr Jiled in M. Y. Co. Slil^'^^v Hkiiis at si'ii. Deposition of Walter J^. Martin, furrier. State of New Yoijk, Citj/ and County of Kcw YorTc, ss: Walter 10. Martin, beinjiland, on tlu' L'.'h'd day ot April, 1SJ»l', in relation to the sealskin industry as carried on in that city. J iiave, as therein stated, handled lar}:e numbers of fur-seal skins of all idnds. inclndinj; Korthwcst Coast skins, or those of animals taken in the water, and I know from personal expeiience that a certain nund)er of ''staf^ey" skins are always found amonf>'st them. Whether or no skins taken in the water are "stajiey'' will de[)en(l on the month in which tiiey aie taken. The staji'iness does not be' Sea are taken ]>revi(ms to that date the percentage of ''stagey" skins amongsf this class is insigniti- caut. IJut auu)ng- the skins taken in Bering Sea alter August lath will always be Ibund a certain per cent of " stagey" ones. Walter E. Mar tin. Sworn to before me this 2nd day of November, 1S92. [seal.] Edwin 15. Woods, Notary Public, Klnyn Co., certljicate Jtled in N. Y. Co. Deposition of Thomas F. Morgan, agent of lessees of Fribllof and Com- mander Islands, State of Connectiout, New London County, ss: Thomas F. Morgan, being duly sworn, de])oses and saya: I am the person described in and who veritied two certain affidavits on the 5tii day of April, 1S!»1', belbre Sevellon A. Brown, notary public, in reliktiou to the habits, management, etc., of the fur-seals. RELATING TO FrTR-aEAT,S ANH SEAT.SKIX INDUSTRY. .'577 IIiiri'mK. TIio liiiiciiiH on tlic Pril)il(»r Isliiiids liiivc at nil tiiiu's varioil wvy iimcli ill size. Ill llic years wlicii I was mi the islands, Iks twiM'ii IS74 and ISST, it was always itnssihic to llnd in- dividual liarcnis with ."K) or pcrliaps Sd tciiialcs, while otluMS would only have lour or live I'eiiiales, iiotwithstandiii;;- theavera;;e harem would, per- haps, contain Ironi lij to .'»(> t'eiiiah's. Lar;;e harems, tliou;;h in smaller nnmbers, continued to exist <'ven in the \<'ars ISS.j and t(» l.ss7,when, as I have already .stated in a toniier atlidavit, the nnniher of t'emales bcfiiin to decrease. While 1 was on the Islands there was no such tiling' known asdistiirb- inis'the breeders or stampediii" the rookeries. The herd .,, , ,, IS driven from the rookerv. if< kei)t awav Iroin tilth as .irivin;,' ov.r putini liiiri'i'ii IrlillllrH. Ill sirrllo much as oossible, for the reason that the skins which '""'' are taken, if clean, take salt bettei'. cure in belter condition, and brin;; better prices. I'llth, yrease. and oil iiiaki^ skins c(»iiie(tiit of k<'iicli tiat, and such skins are classed as low when sold. Mud spoils the salt for (plickwork; so the cleaner the skins are the better. As the rejected seals are only to be fiot away from the killin;;' jirouiid the (juickest way to the sea is the route chosen, and I hey often ]iass over decayin;^' car- casses, but not of necessity, as they are allowi'd to choose their own yait and routes to the sea. They do not seem to (.bject to this anymore than to the tilth caused by the excrement and decaying placentas on the breediii}'' {i'rounds. 1 was on th(^ Commander Islands in 1S!)I as Aficnt of the Hussian Sealskin Company. I never heard any one state that barren females (I mean females without yonn^i) were no ticed there and I don't believe that any jiersoii whoseopinion would be entitled to consitlciation noticed this fact. It soon would have Ix'como a matter of common knowledf;e on the Islands if there had been any number of adult females witlauit youiiji-. The only sure way to deter- mine whether an adult female is bar'cn is to examine her as to whether she is fjiviiifj; milk or dry. As the youn<^' seals do not follow the mother <'ontiiiU(>usly, the fact of seeing' females without i)iips with them does not i)rove that they have not one somewhere on the breedinji' f;rounds, and no person havin;^' any kiiowledfi'c of rookery life could draw such an inference and claim that the females were therelore barren. \\hile on the I'ribilof Islands I don't know that I ever saw a sterile fi'inale seal. It is impossible to reeo^iiize the same seal from year to year nnless as in the ease of a few old bulls which have lar^io scars, a torn lip, a while blind eye, the nose split, or sanu' nnnatural mark. And althoujih I have seen old females witlKuitmilk, very fat, associating with the younj? males, I could not say that they had not been fertilized, and not haviiifi" an olfs])rin};' to care for were associatinj; with the male.s until the season arrived tor the lieid to leave. At one time the sng- gestion was made that it W(mld be a good ))lan to kill these females. J denied that it was jxtssible for any one to know that they would not bear ycmng, and that if the killing of one female was authorized it w<» uld open the way to do great injury to the herd. For. when it 1 )e- caiiie desirable to market a large nnmlier of skins, tlie clubber would .see large numbers of females nntit for breeding. Itisdillicult to discover fresh excrement on the rookeries, for the seals' flippers soon wipe out the evidence looked for. Still 1 have often seen it. in ccdor it is orange, light '-'"•■'""■"'• yellow to almost eolorless, ami in consistency soft, almost li(iuid. At jjimes it is very ott'eusive, and at others nearly odorless. But the soil ki '"^.,0 h'}- <■ 378 TESTINfONY of tlif l)i'«>o(liii>,'ffronn<] rslmprojjiiatt'd with it, wliirli gives totho rook. «'iv;i iiiost(Us;ijii«'r;il»k' tidnr tliiit is iiicrt'iisi'dhy tilt' (Iwiiyiii}; pliu'ontiis. i iiiri (|U()t('(l by liic ISiitisli ('tiiiiinissiunors (Section SL'5 nrtlicir I(e- irr.«iii,iiii.v ill hill. p<»it)tn siiow tluif ill ISSl ail irn'jjfiiiaiity in tiic liahits "*• of tlic st'als to(»li plat'f at tilt' l'rii»ilof Islands, 'riiisir- I'ci; iilari I y consist CI 1 in I lie to] li twin j;': In pic vioiis years the seals tliat ar- ii\eil ill .Iniiei'iiriiislied nearly all eiyiil pound skins and over; v»'ry few of tliese seals were let {^o or rejected, and wlicn any weio rejected it was principally because I liey were too larjic lint this year the two year old seals coiiiineiiccd to land iiiiicli earlier, and the run of larjjc half bulls arrived in more scatlered bunches, just as if the herd had been turned back in jilaccs and hurried ahead in others, thus Imrryinj; tins smaller seals, so that they came on with the head of the tlock, and tiirii- inji' back some of the lar{;e seals, so that they came to the islands with the one and two .\t'ar old seals, which formerly had arrived later. No irregularity was observed in the habits of the female seals. Thomas V. Morgan. Subscribed and sworn to before me this 11th 2 was lirst assistant special Treasury Agent on St. (Jeorge Island in b^ and until fliily L'O, ISIK). and 1 have since oecui)ied and still occupy this IKisitutn (Ml the island of St. Paul. 1 have stated in a former allidavit that in ISDl the rookeries were nt i)isiiii,Miii/.aii(m of tlicir best fi'om d uly Ttli to L'.'hid. At the time wlien the '■""'^'''•'' "• r.i itish Commissioners reached the island (.lulyL'Sth) the ])rocess of disorgaiii/ation had already been in ])r(tgress tor a w<'ek or ten days, and the seals were scattered about the breeding grounds. Safe and correct conclusions as to the facts of rookery life can cuily be drawn after systematic observation during the growth of the rookeries, and during the brief period when they are compact and orderly. For instance, after -Inly L'-nd, there is no time when all the females were oil shore; many of them are at sea feeding; the i)ups are wandering here and there, and the bulls having ceasctl to exercise strict control over their harems generally are giving attention to the few cows still tin- served. JCveii the observations carried on after this date over a series of years nnist be applied with caution, for on the same 1, had been a hot or sunny day, and August 15th, 1802, a cool or chnidy day, the rookeries would not be similar in apiiearauceon these two days, even if the general condition of the herd in the two years were thesame. I went over the rookeries carefully looking for dead j)ups. The largest number on any rookery occurred on Tolstoi, but here, as on the rookeries generally, but fe^v of thein Avere to be seen as compared with last year. This was the first time in my four D(-nd pups. ^!- •.,...,^ ijl nELATIMJ TO KrU-HKALS ANH . '■ \I,SK1N INDISTKY. :m Rpasoiis' rcsidt m-c on the islainls (Imt tlic iimiiltci' n\' (l«';itl piij)?* was not };i'«'iit«-i' than <-(>ul(l Im> arioiintftl t'oi' liy iiatiiial taiiscs. It is my opinion tliat tlic brt'cdin;; fjionnds wrw worse ofl" in 1S!»J than in IS'.ll :is it'};ai' ;;ioiintls are now in worse eoiiditioii niinier- ieally tlian at any time tliirin;; my aeipiaiiitaiiee with tln'iii, and tliis too in tile t'aee of tlie small killin^^s of males upon the ishinds diiriii;;' ls! and IStti.' I saw a iiiiinlier of liareins witli U) or oO females; on tlie other hand I saw a still ;;reater niinil)er with from one to six. If it were possible to ascertain the """""■ average nnmher of females to a Itiill it woiihl l»e found to lie very low, especially if all the idle Inills w«-re t.ikcii into accmitit. In ls!)| | \ isiteil ever rookery on tln'ishind of St. I'aul lietwet'ii the 7th and I'lM of .Inly, and 1 counted I/JoO idle hulls. I deny that the statement attributed to ine in See. ToS of the lirit- ish Commissioners' K'eport was ever made l)y me: "Colonel Murray, the cautions Treasury a;;(Mit on St. '"''''"' (Jeoiffe, informed ns that In' had examined the traces reinainiii}; of many rai\K I did j;o to the sti'a iu>r of IJritish neriii"; Sea Commissioners, not only as a matter of i 1 A I 1 1 ' 1. 1 1 II Si'i't ioiiM T.tS jiihI 751) courtesy, but because w«' have orders to board all ves ,,| \u\ti^\, (■.,„„„iA- sels inu'lioriiiff at the islands. 1 then su^jicsted that xi"!."'-;' urpiMt .x- the Uritish vessel sail around St. I'aul Island to see if any schooners were otl' Northeast Point. The impression conveyod Is that raids were I'ontinually imminent and of fie(picnt occurrence, and that there were no means at hand to prcM'iit them if they did occur. Only two I ,ids were made in IS'.M. The liist occurred on St. (ieor^e Island, November 17th. by the VhaUniiiv, the other, November 27tli, on St. Paul Island, by the lii>rtnlis. In the lirst ease tlu' ollicer and crew weie ar- rested and sent to Sitka, co victed and sent to jail, and the v«'ssel conliscat«'d. In the secMind ca«ie the vessel succeeded in makin^i' her escape, but the captain was alteiwards arrested and is now awaiting trial in Sitka, jail. One of the secretaries of the I'.ritish I>erinji Sea Commissioners had access to an- (inly sworn, (lci)os('s and says: That lie is by occupation a iiandlcr and ])aci{cr of raw fnrs; that in sucli capacity he has been for tlie past twenty years, Kx|„n.i,.M.. ,^11^1 ^^j,, j^^ ;.,„,, loycd by the Alaslia Coniinercial' (Com- pany; that whih' said (Mtnipany was the lessee of the I'ribilof Islands he was piesent at tiie wharf in San Francisco on nearlyeyeiy oecasioii Aviicn the coinitany's yessels nnloaded thesiiins of the fur sea! taivcnon the I'ribilof Islands by said company's a,u«'nt8; that said skins, of wliicli lie lias inindlcd and i)acked in casks hundreds earb immii.'.'.'' ''''''"'" <>f tiumsan.ls. are packed in bundles, each of which contains two skins; tinit it woidd be impossible to put three skins m one bundh' and roll tlicni in such a way that the tlesh side of one of tlie skins would not be exposed and the fact at once be- come ai>i)arent to any person examiniufi' the skins so bundled; that it \vonId be impossible to roll four skins into one bundle, as the sides of the skins could not be turned in and the bundle then rolled and tied up. And dep(ment further says : That when a vessel arrives from the Pribilof Islands with a consign- ment of skins the bundles, as tliey were unlo.ided, si.ipni.7it 01 skhiR ^.^.j.,. counted by an olliccr of the Tnited States custoni- honst- and also i'.n employe ol the Alaska Lomniercnil Company; that i>crhai)s a dozen oi' twenty bundles were oi»ened to ex amine their condition and the aniount of blubber and salt with which they were ])acked; but that not over one hundred such bundles were ever oi)ened in any one year: that since 1S7!> after said fnr-seals were counted, as above stated, in bundles, the bundles were packed on the wharf in casks, from twenty-fivi' to thirty bundles bein}>' i>laced in each cask; that as fast as each cask was lillcd it was at once taken to the railroad station and shipjted directly to C. ]\I. Lanipson & Comi)any, London. And deponent further says: That never durinjj- his ex])erience of twenty years has he seen a bundle of Alaska fur seal skins opened which contained Xover«nw over two jnore than two skins, and that he never saw a bundle that iu' ,)udji«(l to contain more than two skr.is; that if such bundles had been seen by him he would at once have recognized the fact from the shape of such bundle. ISlARTlN ]MyER. Subscribed and sworn to before me this 14th day of November, A. D. 1802. [SEAL.] Clement Bennett, Kotary Fiiblic. Deposition of Rudolph yeumann agent of Alaska Commercial Company. State of California, City and County of San Francisco, ss: Eudolph Xcumann, being duly sworn, deposes and saya: That he is the resident agent Mf the Alaska Commercial Company at Tnalaska in the Territory of Alaska, and that for the past twenty years lie has been employed iu the piu> Bxpcrieuce. furs. ■ California, us; that in (Mity years, icrcial Coni- )il<>t' Islands >iy occasi")!) L'al taken on id skins, of s hundreds 'h of whicli ^sihle to put lat the tlesh at onee be- lled; that it tlie sides of ed and tied :li aconsign- e unloaded, atescustoni- Coininercial jtened to ex with wliieli Mindles were u-seals were ked on the aced in each taken to the & Company, s he seen a ch contained iw a bundle skins; that e recognized IN MyEB. ember, A. D. NEXT, iry Fublic. ial Company. Comiiany at that tor tlie I in the pur- RELATING TO FlIR-SKAI-S AND SEALSKIN INDUSTRY. 381 I'riit' 111' impskiiis. chase of skins of vari(mskinhty-five cents; that up to witliin live or S'x years from l.oUd to 2.."»tl(» such skins were annually i)urchased at the last-mentioned prices from the native hun- ters on the Aleutian Ishuids, but that since that time the number so taken and sold had decreased yearly. And deponent further says: That neverdnrinji' his exjierience has he jturchased at one tinu' as nuuiy as seven hundred ituj) sealskins or any numlier approxi- nnitin;;', and that he has lu'ver ]r.\u\ as much and one-half dollars for a jtuj) sealskin, nor has hee\('r heard, nor (l(»es he believe any siu-h sum was ever paid for such seal- skins by anypersim in the employ of tlit A'i^^^ka Commercial ('omi»any. liuJ)<)LiMi ^'l:^■^IAN^'.' Subscribed and sworn to before me this 14th day of November, A. I). 1.S02. [SEAL.] Clement P.ionnett, A'o/«/'M Pttblic. ,1S I wo skins ipiinluisid. Deposition of Oustavc Xichaum, riee-prcsidcut of the Alasla Commercial ComjKDijf. State of California, City and County of San Fra)iciKC(>, ss : Gustave Niebaum, beinjf duly sworn, dejioses and says: That he is a resident of San Francisco, Caifornia : that he has t)een a mend)er of the Alaska Commercial Comjiany since ,,,.,, its or;>ani/ation; and that he is now the vice president -^i'"""""- of said com])any. Tinit it has been his custom for the ]»ast twenty years to examine a few bun('les of each varji'o of sealskins received by said comjiany from the Pribilof and Commander Ishinds. in order to find out in what con- diti»»n they had been packed and whether any impiovement could be made in thenu'thods emjtloyed. Foi' this purpose from lilteen to twenty bundles of each car;;(» were opened and an examination made. And depoiu'nt further says: That dnrinfj- his entire connection with said comjtany h»^ has never seen or heard of more than two sealskins bein^ phucd in one bundle; that to ]nd three skins in a bundle „„'!"!,'n*iu.'"'''"'" '° would be not only very injurious to the fur, but could at onee be detected, because it would be impossible to fold and I'oll the skius together without exposing st)me portion of the bare side of tho Si 1 !,i; f^ i: ,k: :jyj ■n.:^ ^mmmmmmm 3S2 TESTIMONY ( ! skin on tlic outside of the bundle; tliiit to roll fouror more skins in one Inindlc in tiie manner necessary for the preservation of the skins is an iin|io,ssibility. i)e]>oneiit further aays: That inuneiliately on landinp the Alaska sealskins at San Francisco ^, . , ,. tlu'v v.ere i)acke(l in casks, tiie bundles beinij tlu' same HkiiiH ticmsiin as whcu takeii from the vessel winch broiifjht them trom immis,„. ^|„. i.,.ii,ji„f Islands; that since the year 1 7!) the casks were lieaded at the wliaif and taken directly to the railroad freight dep(»t for sliipment to London, each cask being- marked with the num- ber of skins it contained, which nund)er was obtained by nmltiidyiiifr the number of bundh's jtut into the cask by two; that to 1871) the bundles weic jilaced on diays after liavinj;' been counted by the cns- tom-house ollicer and taken to the wareiiouse of tlie Alaska ("omnier- cial ('omi)any, whcie they were at once i)acked in casks and taken to the railroad station; that wlieii such i)ackinf>' in casks was done at the wareiiouse all the skins had been resiiij)pe(l witliin five days aftei- the arrival of the vessel, and that since IST!) all skins have been shii>ped by rail witiiin tliree days after such arrival; that all sealskins received by the Alaska ("onimercial ('oini»any from the Pribilof Islands were consijuncd to Messrs. ('. M. Lampson (Jt Comi)any, of Londori, and no sales of said sealskins were ma"""^'i"^''iil Conii)any since its orj^auization; that said' HON c'r ose of netting or tak- ing of fall grown or pup seals wliile the sanu' were in the passes of the Aleutian Islands or anywhere else, but that said company has always i)urchased a certain number of gray imjtskins from the native Aleut hunters, which in sonu' years reached as nniny as 15,(>00; but whether sucli gray pups, or any of them, were taken with nets, depo- nent is unable to state; that if such netting of seals ever occurred it took place without the knowledge or consent of the members of said company. G. NiEBAUM. Subscribed and sworn to before me this lOth dayof November, A. D. 18U2. [SEAL.] Clement Bennett, Notary Publie. I ' ! Deposition of Gustave Nicbaiim, rice-president of the Alaska Commercial Company. State of California, City and County of San Francisco, ss: Captain (lustave Niebaum, of the city of San Francisco, in the State of California, being duly sworn, de])()ses and says: I am the vice president of the Alaska Commercial Company and have been a member of said comi)any since its organization. .xpereuce. j jj.jyj. i,(,^,„ j^j; .,|i tinu's thoHuighfy familiar with the actions of said company and with all the persons employed by said ll^ r ' RELATING TO FUK-SEAL8 AND SEALSKIN INDUSTRY. 383 Commercial \ the State company at .any time. From my knowledge al)ove sot forth I make the following statements as tocertain eaiploycs ot'said coiripany wlio, prior or subsequent to their connection with our comitany. of )lilll\ com- iiucntu will were in any way eonneeted witii the United States Government; and said peisons. hereinafter mimed, are MiV'sVcpir'nTirbrcmi'io all that have been soem ployed by tlieCJoveniment and '^^'^l^'^^^a!'^'''^*' by the c(mipany, to the best of mj^ recolleftion and belief. Dr. H. U. Melntyre, special Treasury aju'ent of the Tnited States, some time jtrevious t(» ISTO, when he entered our ('nii)loy as superin- tendent of tlie Prii)ilof Islands and so remained until tlie expiration of our lease of said islands. William Kapus was for ab(mt two years (l.S71-7.'5) our assistant superintendent cm said islands, and who, at some time before or after, 1 believe, became a dejjuty collector of (tustnms at some port in the United States, but what port 1 can not rei'oliect. John M. IVIorton was in our employ for several years and subse- quently has held various jmsitions in the Government service. Charles T. Wa;i'ner has been tor several yenrs and is now in tiie em- ploy of our company, prior to which time he hits been deputy collector of customs at Unalaska, but never in anyway connected witli tiie I'rib- ih)f Islands. Fred ]\I. Smith, who has liveiT at Alaska for twenty-live years, has at various times been and now is in our emi)loy. He was for about four years deputy collector at Unalaska, but at no time has he been in any way connected with the Pribilof Lslands. Three or tour of the jdiysicians we employed as resident jdiysicians on the islands were, before or after such employment by us, physicians on some of the United States revenue cutters. There were no doubt some of the emidoyes of the company who were, either before or after such emph>yment, in the United States Army or Navy, There were so few coi'ipetent and experienced men in Alaska wiio could fill the ]>ositi()ns in the coni]>any, or in tlie serv- ice of the United States, that it naturally followed «'"«"" ""■"'"' • when chanjjes were nmde by a new administration in the oflicer^s of the Territ(uy tliat they should either draw from the exjierienced Men in the company's employ or that when a Government emidoye, wIk. had had several years' exi>erience with Alaskan atlaiis, was removed lie should be emphtyed by the Alaska Commercial Company. G. NlEIJAFM. Subscribed and sworu to before me this 18th day of November, A. D. 1892. [SEAL.] Clement Dennett, Notary I'ublic. Deposition of C. W, Preiss, assortcr of furs. State of Cai.ifornia, City and County of ISan Francisco, ss: C W. I'reiss, being- duly sworn, dejxtses and says: 1 reside in Saii Francisco, State of Californin, and am by occupation a fur-skin assorter, and have been so encau'ed perma- .,,.,,,,' , , . ■'• 1 .■ I ixpi'iii lire. nently t(>r the last twenty years, during which time I have been constiintly handling large quantities of raw fur-seai skina from all the dill'ercut locations. r I ir ■ ■,f, , ■ "T— ylp^ I^^^TT^^^SOmBHi k M>i :' ■\ n l< I ! in'' if' ; li ' If' (« ■ I 384 TESTIMONY I have been present at tlio capturiiij; of seals in tlie Horing Soa and on tlic riihilol' Jslands, and lind tliat all I'ur-si'als taken stap.v.kinHHts™, ^^^^,1 ill jii^, lieiin-i- Sea and on the islands therein from abont tlu' lOtli of Anj^nst nntil tlie end of Oetobei are what is known to the trade as stayey, meaniiif^' tlie animal isehan^iinji' its eoat, dnrinji which ])eriod its skiu is very inferior in qnality; i'lfaet, almost nnmer- cliantable. C. W. PUKISS. Snbseribcd and sworn to before me this 18th day of November, A. D. 181>2. [»EAL,.] ClemEiNT 15enm:tt, Notary Fublic. DcposiiUm of Louis Slossjr., member of the Alaslca Commercial Company. State of Califouma, Citji a)i-.^i - •! .^-La£H^f.ti ng Son, and ■seiils taken herein from t is known •oat, (luring lost unnier- . PR151SS. mber, A.l). lOTT, '•(/ Public. il Company. niber of the 3ur or five y was tiie to be pres- t sealskins [ repatking ved it was >f the skins 's were ever ing the few stoni liouse in easks on harf to the London. f sealskins he believes ! would be I observer; in a bundle tected, and customary 'aeh which H' moisture es contain- iditiou will LiOSS, Jr. id)er. A.D. r , m ' §m v;i ETT, y Fublio. if 1 P| ll:l| 'f%}' *J^' I ! i 'S ■! !< ''(■ if d^Sk '■**' -*^ RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 385 Deposition of Joseph Stanley-Brown, Treasury Agent. DiSTRTOT OF Columbia, City of Wasliiiujton, ss : Joseph Stiiitley-Rrown, beinfjf (Inly sworn, doposoa and says: I am 37 yeaivs of age; am a citizen of the United States; reside at Mentor, Oliio, and am by itrofession a {j'eol(»2 again visited them and 8i)ent ^ . tlie period between Jnne !>th and August 14th upon "P^nence. the islands of St. I'aul and St. (ieorge in eontinuiiticm of my investi- gations eoneerning seal life. This season, in a(hlition to the continu- ous general examination of all the rookeries and the plottiiigs of the breeding ground areas upon charts, <'('rtain speeial stations were .se- lected at points within easy reach of the village and daily visits made thereto. This method of work gave me an excellent oi)portunity to make comparisons between the breeding areas of 18i>l and those of 18<>2. As the result of my observations during the past season it is my oinn- ion that there was uo increase among the females — the producing clas.s — but on the contrary that there was a "'^^ mggroun s. per(!eptible falling oft". This decrease was the more noticeable at points on the rookeries where the smaller groups of breeding seals are to be found. There was .so little driving during t\w season of 1892 that an excel- lent opportunity was given to observe life npon the hauling grounds, .-several of which were not disturbed during the entire season. There seemed to be a slight increase of the ycmng baclu^lor seals, although this may have been more ai>i)arent than real from the fact that being unmolested they accumulated in large bands. It is quite certain that the normal hai)it of the <'holluschuckie" is to remain nu)st of their time upon shore, and if left tt) themselves would spend more time there than in the water. I have kept a close daily watch upon groups of young males, the members of which did not go into the water for a week or ten days at a time. Any statement to the eftect that the occasional occurrence of large harems indicates a decrease in the available number of virile males and hence deterioration of the rookeries, should be received with great caution, if not entirely ignored. The bulls play only secondary part in the formation of harems. It is the cow which takes the initiative. She is in the water beyond the reach or control of the male and can select her own point of landing. Her manner on coming ashore is rea lily distinguished from that t)f the young males which con- tinuously pltiy along the sea margin of thcbreeding grounds. She comes out of the water; carefully noses or smells the rocks here or there like a dog, and then m:ikes her way to the bull of her own selecting. In this incii)ient stage of her career on shores there is but little interference on the pait of the nude, but once well away from the water and near the bull she has chosen, he approaches her, manifests his pleasure, and greetings are exchanged. She then joins the other cows and as soon as dry lies down and goes comfortably to sleep. 1 have seen this selec- tive power exercised repeatedly and the result is that one bull will be especially favored while those within lifteen or twenty feet will be ig- nored. The size of harems, therefore, has of itself but little to do with the question of lack of virile males, but indicates only the selective power 12364 25 llaroing. 4 fi t: M I ' il j ;■ ' # 386 TESTIMONY -' i 1 1 1 " 1 i r ', ! j 1 I 1 of'tlH> femalos. Tf 100 Imlls repri'sciited tlio iiccossnry supply of virile inali's \\'{K inifilit, by icasoii of tlii.s fact, tiiul 10 mills wiMi vrry larjjo liaicms, 10 witli still less, .")(» with a rcasoiiahlo miinber, L'O with a few, and 10 with iioiic. An onlooker would not, therefore, he justihed in starin;-- that by reason of these few laij?e harems there is ji lack of vir- ile males. In the very nature of things it seems impossible that any method other than this one of selection on the part of the female could ever have existed. Large harems are frequently due to topographic conditions, the con- figuration of the land being such that the feuiales can only reach the breeding grounds through narrow i>assage ways between tile rocks and arouud the terminations of which tlM\v collect. ilarems often coalesce; then boundaries become indefinite, and when their size and i)ositi(Ui make them too large for control cows pass to the rear and are approi)riatcd by the bulls there. AVhen once the fennile is located, the bull exercises rigid control and permits no leaving of the land until she has been served. 1 never saw a harem so large that the vigilaiu-e of the bull in this rcs])ect was ever relaxed. His consorts may escape to another harem, but they aie never i)ermitted to go to sea until an insiicctiini convinces the bull that they are entitled to do so. No intelligent observer w(mld be so bohl as to assert that during the season of l.S!»:2 there was not an abundan(;e of males of competent virility, despite tlu' occurrence of occasional large harems. The accompanying photograjths ' show that even at tlie height of the season, and Just ]>revious to the disintegration of the breeding grounds, theie were, unsui)i)lied with cows, old nuiles which had taken their stand and from which I was unable to drive them with stones. 1 should have been extremely glad to have been able to note a great many more of these large harems, but tlic work of the pelagic hunrer anu)ng the females has been so etfective that the average size of the harems is glowing smaller and smaller, while the number of idle bulls is steadily increasing. The rookeries of the Pribilof Ishunls will never be V.,'.-Ij:.V-.«?i » * ■<''.,, :*'''i-» ■■■',}.' ^ ki ;-v; ,, V .■-■ '. ■ V ;,■■,« •'(i' ri?.^* .>,u'i;. <:'. »■. ^0 ' ■',>,• ■v.'y>f. y-Tf' 4 i t-« VV^>/ ' Ui t f ' i s ■1 j ^iH kI III 1 . ''j^'vi :■::■' ::'-'"^-3rs II r I i H 1 n ^ firt jl ^* ! 1: f . ! ' ( yi,. «.! yi '.il II * 5 s 33- ';! if \]\ y~ -7 •} ^■•'^MtCta^H*.;.'>'Y.rJ^,:^.,- "fmmimiv^afm^K -''/■^»>tr.v' -i "f-itiWr^.. "•*•♦««, 11 h ,?i [( ' I i ■:' i.., t 1 1 - --.(m* 1 itt q li RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 387 iiig, and after gorgting themselves witli food. After the birth of the pu]), and after remaining npon the rookeries even for a (gw days when the period of coming from and going into the water has been entered upon,tlie mother 1ms a very decidedly gaunt appearance, in strong con- trast to the plumi)ness of pregnancy or full feeding. After feeding at sea they come ashore again well rounded out. So marked is this that 1 have rei)eatcd]y been misled by mothers in sui^li \ condition, mistak- ing them for pregnant cows, and have discctvered my error by seeing her call her pup and suckle it. If I had any doubt in my mind as to cows feeding at sea it was dispelled by an examination of three cows I shotatNcntheast Poin ton July L*">Mi. 1S02. Two" suid)urnt"cows wore tirst killed and their stomachs were found to be empty. Another was shot just as she came aslioie and her stomach was gorged with half- digested codfish, which was identiKed by IMr. 0. Il.Townscnd, an ex- pert of the II. S. Fish Commission. A dissection was made of tliis seal, and the udder, which extends as a broad thick sheet ai (he center, but thinnii . out towards the edges, over the entire abdominal portion of the cow and well up to tlie fore Hippers, was so charged with milk that on removing the skin the milk freely tlowed out in all directions, and previous to skinning it was possible with but little effort to ex- tract a sulticient amount to enable nu' to determine its taste and con- sistency. A large supply of food is necessary to fuinisli such an abundant amount of milk. 1 have no doubt that a welldeveloped mother seal could yield between a pint and a quart of milk in tiie first 24 hours after landing from a feeding expedition, and with such rich fountains to draw upon it is no wonder that the voracious pu])s increase during their resid<'.ice upon t!ie island not less tlian four times their weight at birth. And it is e(jually certain that without such a constant supply of nourishment it could not make such a rapid growth as it does. The presence of excrenientitious matter upon the breeding i"ook- eries is recognized both by sight :\\h\ snu'll. It is of a Kxrmneniitiou* yellowish color, and though much of it is excreted it is "'!"''■'■ of such a liquid consistency tliat it is quickly rubbed into and mingled with the soil, and thereafter its existence can only be notiv-cd through the discoloration of the soil and tlu' oHensive odor. The latter is readily detected at a distance of miles when the wind is in the right direction, for (lie soil on the breeding rookeries is completely impregnated with it. The odor bears no rcseujblance t'> that which arises from the bodies of a large number of assembled animals. The quantity of excrenieniitious matter present is influeiu'cd by the nature of their diet, wiii'h, being fisii, is laigely assimilated, wiiile in their coming and going inuch of it may be depositeil in the water, to say nothing of dren(!liing from rain to which the rookeries (many of which are solid rock) are subjected. On the hauling groumls, on the otlierhand, it is almost inqtossible to detect such nuitter, either through its presence, the ai)pearance of the soil, or its odor. This is a well-known fact to anyone who has even casually inspected such hauling grounds as Middle Hill, i)arts of Zap- adiiie, western end of English Hay, western end of North Kookery, Starry Arteel, (4reat Kast Hookeiy, and others. This difference between the l)rc(Mliiig grounds anrotection. I have repeatedly seen a motlier when her offspring was still so young as to be lieli)less, remove it beyond the reach of the surf, or gently lift it from a hole between the bowlders into which it had fallen. 1 have seen them often idacethe udder in the most available position for the pui)tosuck, and jnove themselves sutliciently close for it to be within easy reach. After an absence in the sea, the motlier invariably callsto her young repeatedly and manifests jdeasure on finding it. bater on the pup is able to rec- ognize its mother, and as the female will suckle only lier own pup the pleasure and contentment which the meeting gives both is evident to the most careless observer. Dead pups were as conspicmms by their infrecpiency in 1892 as by their nnmerousness in 1S!>1. In no instance was there to be noted an unusual number of dead pups except on the breeding giounds of Tolstoi, the position, character, and size of which gave prominence to the caicasses. Here the nurtality, while in no way ai)])roaching that of the previous season, was still beyond the normal, as indicated by the deaths upcni the other breeding grounds. Any surrejititious killing of the mothers can not be chaiged with it, for such killing either there or anywhere else on the island would have become the gossip of the village and leadily detected by the attempt to dispose of the skins. Disease or epidemics are not known among the seals; and I have never seen cows dead from sickness upon the islands. There are no hiiuling grounds so close to the breeding areas that the driving of the young males could cause consternation among the females during the breeding season. Stampedes or disturbances can not account for it, for not only are the breeding grounds in this particular case of Tolstoi one t'onitii of a mile away from the hayling grounds, namely, at Middle llill (the neaiest jyoint to that breeding ground IVoin Avliich seals were driven in LS!U and 189li, see chart), but it would be practically impossible to stampede this breeding ground by any disturbing cause save of su(!h magnitude as to be the subject of common knowledge on the islands, and I know that no cause for such a conunotion occurred. Seals will stand a large amount of annoyance before leaving their harems, or indeed being permitted to do so by the bulls, and the man does not live who can stampede rookery bulls. Xo smoke of vessels or l)resence of ships ever cause the stampede of an entire breeding ground. Such things have been r* portceded in such a I RELATING TO FUR-SKALS AND SEALSKIN INDUSTRY. 389 wholesale iiianiier as to cause tlie dcatli of pni)s. li'sucli occurred in ISiM and 1892 it is certainly extraordinary that only tlio starvlings met death. The true explanation of th(Mleathsupoii Tolstoi this year is not readily found, and must he sonj^ht in local caii.>-es other tlian those indicated ahove, and 1 am conlidciit that to none of those causes can he Justly attributed the dead pups '>f IS'.tl and 181t2. Tlie following explanation, based upon my ac(pniintance with the facts, is oti'ered in a tentative way : A ji'lance at the map will show that tiu"; htcation and topoj>raphic character of this rookery have no counter))art elsewhere on the island. The rookeries upon which deatiis are infrc(pu'nt arc those which are nari'ow and ui)oii the rear of which are precipitous blutls tiiat i>reveiit the wandering of the jjups backward. The iaiger i)arf of Tolstoi, as will be seen from tlie inaj», extends far back and has great lateral di- mensions — nnicli of it is composed of drilting sands and it has rather a stee]) inclination down to the sea. The sIku'c is an npi'ii one, and the surf, either gentle or violent, is almost constantly i»reseiht. As the time for learning to sw ini approaches the pups find it easy to come down the incline. They congregare in large nninttcrs upon tlie sandy shore and begin their swimming lessons. This is at a period when they are still imniatun and not very strong. The butfcting of the waves exhaust thcin and coming ashore they cither wandei'otf, or sti'ug- gling a certain distance nj) the incliiu', made more diilicult of ascent by tlie loose sand of which it is composed, lie down to rest and slcej) and are overlooked by their mothers retuming from the sea. 1 have seen mother seals go up tlie entire incline seeking their pujis. 1 find nothing in the hi>'.to'y ',>f dead pups upon the island this year which does not eontirm my belief i '.!!•• the great mortality of the S'iuoO.i of 1S!)1 was due to pelagic sealing in Uering Sea. Mad it not ben so there is no reason why the deaths in IS'.L' should not have been as widely distributed and as great as tiiey were the previous year. During the past summer particular care was taken to have the drives ccuiducted in the same manner as in ju'evious years in order that the elfect of driving uitoii the young males might be noted. From .June loth (the day alter my arrival) to the close of the season on August !lth, there were eleven (11) drives made — the longest one ^)i ii!g t'rom Middle Hill, about two miles from the village killing ground. Wit!, two exeei»tions no dri\es were made from the same hauling j;r'»v>nds excejit at intervals of two weeks. As the killing this year v,,i>5 'limited to 7,000 there could be but few seals taken eacli week, and t"'i iiecessitatcd turning back to the Wiiter, about two hundred (2(M)) yiu'd." distant from the killing ground, t'rom 7."» to sr» per cent of those :: ivc'.: ui> and gave an excellent opiiortunity to observe the ett'ect ot dri<;ng upon large bands of seals. In driving, it is true that it the weather is unfavorable a few may die en route, <»i in anfici|)atiMi of their death are clubbed, skinned, and their pelts ad, Tlicre hiul been up t(» that date uo series of observations nor good evidence on whieh to base tlu' liyi)otliesi8 that the Pribilof herd and the huge mass of seals annually seen on the lati- tude of Cape Flattery were identieai. On the eontrary, there seemed then to be Miany evidenees that some otiier rttokeiies tiian those of the Pribilof Islands were located at some point on the Oregcm, VVasiiiiigton, or British Columbia coast. Young seals were occa- sionally found by the Indians n|)on or near the beaches, "''"" ''"''*' and pregnant females were often cai)tured by them so lieavy with pup, and a])])arent!y so near their fidl term of i»regnancy, as to wariant the belief that the young must be either Ixn-n in the water. u])on bunclu's of kelp, or upon the rocks and beaches on or near the coast. Young seals were often brought to the Indian villages, and the testimony ot botii Indian and white hunters at that time pointed strongly to the eoudusion that the breeding grounds of tlie animals with which we were familiar could not be far distant. I have myself seen the black pups in the water when they ai)peare■ " 1. !, i I! ,h' ! : I, t ': 392 TESTIMONY lumbia or Victoria catch is obtained arc horn ncitlier in the water nor npon tlic land in tlic vicinity where tiiey are canj;lit: and it appears most i)rohahle t'niin tiie rontes upon wiiich they are lollowed, and the k)cation in wluch they ar<^ fouiKl l>y pelaj;ic linntcrs between Marcli and An},nist, that tlicy orijj;inate in, niij^rate from, and annually return to Jierinp; Sea. It has been stated in print that [ said I had seen pups born on the kelp in the water. This is a jjross misrepresentation. a.iuaMr''birti""'""' ^ uicrcly sald that it had been reported to nu-tiiat such birth had be( n witnessed, and quoted as my authority (!ai>t. K. II. ^fcAlincmd, of the schr. Champion {]). L'(K5, vol'. 1, of U. S. Fisii Coinnussion's |{epoit). relagic sealing; was carried oi: '-y the Indians at Neah Bay lonjj be- fore I first went amonj-- them, but tliey were then, and DainuKi; to luni by until Within a few vcars, provided onlv with their ca- noes, spears, and otner native implements, eonstitutinj;' the necessary outfit for an al»ori};inal seal-hunter. The destruction wroiifjht by them ui)on the seal herd was, c(;mpared with the vast num- ber of which it was conii)osed, very slight, and did little harm to any one, while the result to tiie Indians was tiien and is still of great im- portance. Now, ])elagic seal-hunting is carried on in quite a dilferent manner. Nunu>roiis exi)editions are fitted out in well-e(piii)])ed vessels, some of them under ln>tli steam and sail, manned by whites and Indi- ans, and armed with guns and sjjcars. I am informed I'oia-ic siaiin); a\n\ l)elieve that the herd has gieatlv decreased witiiiii must 1)0 rlicckcd. j.i i j. - ., tj.il. -i. i • i- the last two or three years, and tiiat it pelagu^ sealing is not soon chet-ked the herd will be driven hither and thither and so decimated as to render it commercially valueless. This would be a great wrong to the Indians, who are dependent in a great measure u]»on the seals for a livelihood, as well as a needless, wanton waste, which civilized nations ought not to permit. It can not be denied that the natives, who have utilized the seal lisheries adjacent to their settlemeuts , ,,,, , frtmi their earliest iiistorv au(l i»rolited by tiiem. (b'scrve Illtrl('.st.H (it 111(^11- ., ,. 1 i" 1- '.I .• ' 1 4. .liaiis NiMMiid iHxoii some consideration. 1 believe that in order to preserve "'''''''■'' the rookeries upon the islands and build them up to their former productiveness, it is only necessary to restrict pelagic seal- hunting to the/coast south of il^o 40' and coiiliiu! it to the use of the primitive methods formerly employed by the natives. James G. Swan. Subscribed an1 I again visited the Island of St. Paul, arriving there July 28tli and remaining there about ten days. The British Commissioners were on the Island at that time. 1 made frequent observations as to the conditions of the rookeries during fiiis period. Early in the suuuner of 1802 I visited, at the request of the IT. S. Gov- ernnuMit, (iuadeloupe Island, for tlie puipose of a<'<]uainting myself with seal life there and of obtaining skuhs of the fur seals whii-h for- merly freriri)i, cruising to tlie west of the Islands, continuously until about August ir»th,an«"• memorandum made by meat St. Paul on that date: " Bulls on rookeries getting exhausted iiiul (piict, mostly sleeping. Cows hirgely at sea. Some bulls have hauled outon sund beac^lies that so far have been bare. Fourtiftiis of the seals on rookeries to-day are pups." .Inly 28th I made the following note: " Many females coming from the water bleating for their yonng." I have killed sea lions at the following localities, where they breed in considerabh'nun)bers,and fouiul their breeding grounds impregnated with thesame rank,(lisagreeablesnu>ll that „,:'j;^"'''''''" ''''""" is so noticeable a feature of the breeding grouiuls of the Pribilof fur-seal: Light house Bock, Alaska Peninsula, Farallone Islands and Monterey liock, California, San Benit(> Islands, Lower California, and San Luis Islands in the Cnlf of California. The soil and rocks at tln'se places is as foul with seal excrement as at the Pribilofs, where urine, excrement, decaying placentas, and other tilth rubbed and trodden into tiie soil and rock dei)ressions cause the odors so characteristic of this vicinity. The, rocks at Monterey nniy be used in illustration: They lie near <'y|)ress Point, four or five huiulred yards ott" the shore which the carriage drive follows, and are covered with hair seals, which breed there. They are conspicuously staiiu'd with excrement, and where the animals lie thickest the ground is smeared and slippery with it. I collected sea-lions there in .January of the present year, and after my shooting had frightened all the aninuils otf t^) sea the rank smell of tlie place itself drifted across the channel into the nostrils of tlie tourists of ILttel del Mont«s who witnessed our operations. It would indeed be an extraordinary occurrence if fur-seaJs 1^ M ■ V( ■f^..;^. if 11 394 TESTIMONY 'I,, ■,| \ did not deposit oxcremeiit upon thoir breeding grounds in the same way that all other aninials of this class do. As already stated above, I was attached to the steamer Conrin during „ , ,. , the ]»ast suninier, and I made all the examinations oj the Stomachs ol tlie seals reterred to in Cai)taiii Iloo])er s report, covering, in all, thirty tliree sj'als. I annex iu'reto photographs of two of the seals which were dissected ami examined by nu' on the deck of the steanu'r i'orwin. These seals were taken on the L'nd day of Au- gust, ISKL', at a distance of ab(»ut 17") miles from tiie islamls. The pho- tographs exhibit the mammary glands and convey a good idea of the considerable size of these glands, which in all cases were filled with milk. The inference is unavoidable that tiie jtup is a voracious feeder, and this inference is in keeping witli the observations I have made on the rookeries where I have repeatedly seen i)nps suckle for half an hour at a time. The nmmmary gland is very widely sjtread over the lower surface of the animal; beginning between the fore flippers, in fact at the anterior of the siernum, it extends well ujt under the armpits .and back to the ]mbic bones. The milk glands are (juite thick and (!oin- pletely charged with milk. The photographs, especially the tirst one, exhibit the nulk streaming from tlie glands on to the deck. Annexed to the report of Captain Hooi)er is a table giving the results of the examination of forty-one (41) seals which were killed in IJering Sea in 18!>2. It appears that of this number twenty-two (22) were nursing seals. The i)hotographs hereto annexed show exactly the way all of these nursing female seals looked when cut open on the deck of the Concin. From the fact that among the females thus taken and examined there were found nn)stly nursing cows, with a snndl ninnber of virgin cows, it is reasonable toconclude that there are practically no barren fennUes swimming about in the sea unattached to the islands, or that at any rate, if such seals exist, they are rarely, if ever, taken. In all my experience I never saw anytliing t(» lead me to the conclusion that there is such a thiiig as a "barren" female. In the ease of the virgin cows a carefid examination of the uterus proved them to be too imnndure for conception. In the stomachs of many of the seals examined as above stated there were found Large (pnintities of fish, mainly codfish. Tliere is nothing suri)rising in this fact, that codfish should be found in the stomachs of surface feeders such as seals are. While taken at the bottom, the codfish is not restricted to deep water. It is found from the shallows along the shore out to the banks where fishermen usually take them. They are often taken at intermediate dei)ths, but fish taken at the bottom are, as a rule, larger. The cod is a voracious feeder upon squid which abound at the surface. In Alaskan waters I have taken hundreds with the dip net, after attracting them with the eh^ctric light of the Albatrosn,* In its frequent migrations from baidv to bank tlu^ cod passes over tracts of ocean where the water is of profound deptli. It is a regular feeder upon herring and many other fishes which school at the surface, and in Maskan waters fre(piently follows tlie fisherman's bait from the bottom to the surface. Asa result of my ccmibined observatit'f(M»(l, that hIio travels {jn'at distiuioes in soan-li of it, ami that hIio ictiintH to the islands heavily laden with milk. While hunting;' in the 6V*/'/r/«',v boats many seals \ver»' tired upon when ash'i'p. TJH'v usually sleep with their head to leeward , , , II -A. ■ -t !• • 1 i • 1 1 i. -i-i rcliii{lr nciililii;. and keep it moving uneasily from side to side, but witli ihe nose held clear (tf the water. A sleopinj;' seal lias his vital parts pretty well .submeifjfed — the nose, lower Jaw, and llippers bcinji' usually held above tlu' surface, aIthou};li a little more ai>pears at tiiin's acc(Uii- tiy to the condition of tlie sea and the movements of the animal. — ^H>. One has to be very close to fjet a shot at the head that will kill it. Manv times the animal is wounded sutlicieiitlv to ijret .„ out of reach ot the hunter before it dies. 1 had very little dithculty in a])proachin{i sleepiiifj seals chnse enouffh for a fair shot, but much in killing- tiiem. Fair shots that scattered the charge all about them, hitting the flippers, 1 firmly believe, and in some (ia.ses drawing plenty of blood, were usually witlnmt result, niifil I learned to Are directly at the head. Then the siiots began to i)rove fatal, but even then, unless hit in a vital part the animals got away, though bleeding freely. At first I blamed the inettectual tiring on the cartridges, but the cartridges proved all right as soon as I learned to aim at the liead and not at the animal as a whole. I learned after some experiment that seals which dashed away ap- parently uninjured were usually hurt, and after following them persist- ently, at great labor to the boat i»nllers, found that they were Veiling. I believe that the majority of sleeping seals fired at are struck, The number killed at the islands with buckshot in them bears (mt this claim to a considerable extent, see how an ordinary marksman can shoot at so large a target as a seal at short range with a double-barrel gun loaded with 21 buckshot without striking .some of the exi)osed i>ortions of the animal. It is from the instantly killed, that seals are secured; the wounded animal uses its death struggle to get out of reach. What proportiou I <1,ity are more likely to lie killed instantly than sleep- ""■ iny seals, but they sink more <|ni(kly. A clear sh(»t at the head is atlbrded, which knocks the lite completely out of them, and tln^ rest ol' the body bein*; under water at the time it would seem that the jMcssure uixm the limp body Ibices the air from it. .\sarule seals killed instantly, when the head is entirely clear of the water, ;;'o down (piickly, sinkin}:^ stern tbremost. Sleeping seals killed when the head is low in the water float for a time, the liead settlinj;' into the water first, the air is retained in the i»ody and it tloats. I shot a seal otV (luadeloupe Island in May when it raised its liead close to the boat, killing' it instantly. It sank l»efore we could reach it with the {•all" and eontinuj'd siiduny, xtmi/irnt, as we could plainly see far below in the clear water. "Another illustraticm of the wastefulness of ])ela;iie sealinji mi;;ht be _ , ,„, found in the number of cartridges expended. Durinu; WllBtO of Ufl). ., 1 i.,! /I • 1 r^i • 1 • 1 1 r the work ot the Corwin no reconl ot this kind was kei)t. The hunter usually carried two or three do/en cartrid;;es, which were as a rule exi»eiided befbri^ they returned to the ship. The number of seals lost l>y siukinj:', number wounded, and number secured were recorded. Itejteated tiring from the boats was often heard on board ship and a , larg(Minmber (»f eniptv shells would be returned, when com](ai!ilively lew seals were deliiiitely rei)orted as se- cured, lost, or woumled. allotiier shots l»eiii;i suppctsed to be misses. 1 do not think tliis feature has received proper consideration. The hunt ers were certainly averaji'c marksmen, audit is my belief that the ;;reat majority of the sleepinj; seals tired at were struck. The f;uns use" were l()-b(»re I'aikeis, loaded with lil bu<'kshot. Time after tinu^ have sei'ii the heavy charj^c strike aixuit the sleepiiij;- seal, fidly expeet- iiifjto see it killed, when, to my utter surprise, it would dive and come up beyond our reacli. It is iiu rcdible that the f^reat number of seals thus eseajtiny- were uuinjuied. Ik<)w can one always Und traces of blood or sij^ns of injury when the tVijihtened animal is retreatiii};- at a rate so rajjid that it is soon out of si;«ht, and es])ecially as its course is mainly under water, aiul it only appears at the surface with a porpoise- like leap to catch its breath and then dives af^aiii, CiIAUI:KS 11. TOWNSEND, Subscribed and sworn to before me this 10th day of December, A. D. 1892. [seal.] Jno. B. Kanuoli u, Notary Vublic. [ I- Deposition of William 11. Williams, United 8taten Treasury Agent in charge of Vribilof Islands. District of Columbia, City of Washinyton, ss : William II. Williams, being duly sworn, saya: The British Ccuumissioners, uixui their arrival at the Pribilof I.-^iands in 1891, presented me a letter signed by Chas. Foster, Secretary of the If M' RELATING TO Fl'U-SKALS AND 8KAI.SKIN INDUSTRY. 31)7 (t thnso wliicli known, Itut I :cr sunU'iently H' Iwiiits from tly tliiin sl«'<'i)- clcar sli(»t at It of tlicin, and mid st'cni tliat As a rule seals inter, no d»»\vn ivlieii the head into the water shot a s«'al off ^t' to the boat, ith the naif iind ,r Ih'Iow in the alinp; nii^ht be iidect. Diuinj,' I kind was kei)t. », which were as iiunber of seals were r«'eorded. )arf' 'I'lie yniif* "^*'' le after time d, fidly exi>e<'t- dive and eonio iindier (tf seals lind traces of retreatinj"' at a as its conrse is with a porpoise- ToWNHEND, )ecend»ei, A. D. VNDOLIU, Xatary I'nhlic. •eamry Agent in Treasury, wherein \ was directed to extend every eonrtesy to them, lie [)nrsuanee of such instructions f did everylhinji pos sible to aid them in i>ettin}i' inforination on the seal ,, .'■'"iii'ii'' (vi.ncini islands. 1 had tiie natives come to the (lovernmcnt House whenever they desired, that tiiey iniylil (iiiestinii tliein in regard to the habits and conditions of seal lite. I also };ave them tree access to all records on th(> Islands, inclndiii;: the daily .loiiinals, showing what transpired on every day of the year, and their secretaries spent several days noiii};' throiiyh these records by theiiisehcs, inakinj; such notes and extracts liiun them as they pleased. They wcie invited to visit the rookeries. observe the drives and killin;:s. to note the methods of eountiii}; the skins into the salt-house, and to make any examinations they j)leased on the Islands. \Vm. H. Williams. Subscribed and sworu to before me this L'Oth day of December, 1892. [SEAL.J CUAB. L. Hi UIIKS, Notary rublic. Pribilof I.^iands Secretary of the Deposition of William If. Williains, Unitvtl States Treasury Agent in charge of Vribilof Islands. District of Columuia, (Jity of Washington, ss : William Jl. Williams, beiii}' duly sworn, deposes and says: I am the LF. S. Treasury Aycnt in ehar<;(' o the Tribilof Islands; I was in eliarp' of the Ciovernment interests mi those Ishmds in KS'.H, and was present (ui St. Paul Island. ''•M"'"""'- Alaska, duly LiTth, ISDl, the date ot arrival of the l']nfilish Commission- ers, to wit, Sir CJeorj^c IJadeiil'owell and Dr. (ieorjiie M. J)awson. I apiin went to these Islands in the same caitacity in 1S!I2. At the time of the arrival of the IJritish Commissioners in 1S91 the breedinj; grounds did not luesent t he c()m]»act I'oi in they didaboutthe IL'thof July, for disintegration and spread- p,,]!;;"":;;;,,';;-,!;!^^^^^^ '" iiifi' had been yoiii};' on for several days, thus makin^j their ai)pearance as to size very misleadinji. In 1S!»1 1 instituted the luactice of fi e(juent visits to the breedinji rookeries by myself and Assist- ant Afjfciits Murray and Nettlet(ni, and from about the 1st to the 2(»th of July I required these visits to the rookeries to be made daily. Each ajjent made careful note of his observations and rejiorted to me the resxdt at the close of his day's work. United States Treasury A^ent d. Stanley- Jlrown also coiiperated with me in this work, and his statements con- firmed the reports of the other aj;ents. One of the objects of these visits to the rcxdveries was to determine the eoiidition of the harems and at what date in that yeartlie cow seals ajipeared in the {greatest numbers on the breedinji' rookeries. It was the unaniiiKms opinion of all the Government Ajjents tliat the breeding rookeries were at their fullest July 12th, and the foUowinji' entry was made at the time in the Covern- nient Journal on St. Paul Island, to wit: "Sunday, July 12. — Duriiifi' the past five or six days the rookeries have been carefully scanned, and it is believed that a+ this date they are at their very best for this year. To all appearances it may with safety be luesunied that the pups are fully 95 per cent of the cows," thus leaving only 5 per cent of the cowh flii > < h 1:1*1 I) I 398 TESTIMONY • I to briiif: forth tlieir youufr after tliivS dsite. I presiiino that by the 25tli of July not over 1 per »'i'iit of them were left. On July IL'th the eows, having nearly all given birth to tlieir young, were going to and eoming from the sea. The English commL'ioiierH!''*'' Commissioners arrived at the Islands about noon of July 27th and remained on and abont St. Paul Island until the morning of the ;Ust of July, at which time they sailed for St. (ieorge Island, about forty miles distant, retnrning to 8t. Paul on the evening of August 2nd and remaining untilthe morning of August 0th. They next returned to the Islands August IDtli and 1 .t August 20th, again returidngon the morning ()fthel.")th of iSe])leinbei', aid took their tinal departure September Kith. The foregoing dates cover all the time that the Kngiish Comnussioners were on or aliout the Islaiuls, and as they had tlifir quarters on boanl the S. S. Ihatxhc, anchored from a half to a mile off sliore. they spent but a jiortion of their time eaeli day on the Islands. Durifg the time included in the foregoing dates tliere were but three small drives of seals made .md they were for food, to wit: St. Piuil Inland: Auf^ust 3r(l. KiM'f Hookt-ry, killed 118 sciils Au{;iist lltli. Nortlicast I'oiiit Hookery, killed 4()7 sciils St. Cieorjje iKlaiid : August Ist. Ni,i i li mid Zapaduie HDokerien. killed 28 seals The seal drives take place verye.arly in the morning, and to the best of my I'ecollection the Kngiish Coinmissicuiers did not British conin.is- s^e a drivc nor were thev present at anv of tlie killings sioiitrs invscnt at but , ,, , .. ..i .."' 1- » . .> i ' m ■ ■ i one killing. Oil M. Taul cxcejtt that ot August Jrd. 1 nc i)rinei])al drives had taken place tli.it year, as in all previous years, prior to tliily 27th, and between July 27tli and August 11th only a few seals were killed, and those were for tood. From August 11th to October 1st no seals were taken for any pur])ose, ex<'ept that during this period 17S were killed for (bod on St. (Icoige. I visited Southwest and Kngiish Hays about tlic middle of July, 18!)1, when the harems were at tlieir fullest, in a small sail boat and sailed close in shore near the rookeries; while the seals were somewliat disturbed, yet they would only retreat a few feet from the iiarem when they would turn and show fight, and as soon as we had i)assed them a short distance they would resume their usual position ttn the rookeries. In the fore part of July, IS'.U . I saw a cow seal give birth to her young on Lukaniion IJookery. and watciitMl her for a hmg time; after giving birth to her young she fondled and ca- ressed it; jilacing herself in a good jiositiou she gei*ly jmshed it to her breast tiiat it niiglit suckle licr. showing all the care and affection for her young that isexiiibited in other animals; a few days thereafter while visiting tlie samerotikery I cameu])on a cow seal with her young sheltered behind a rock Jrst back of the rookery; she atonee showed figiit and refused to leave lier young, but stayed with it, and I went away leaving her there. Also in t.ie latter jiart of .Inly I went out on the \lv('\' just back of the rookeries on the west side, and as I came near one of the rookeries there were a few cow seals that were scattered some little distance from their harems; one of the cow seals that had her young by her side picked it up in hei' mouth and carried it some distance an .T 8 i 1 y frijjhttncd. Affeotion of c o w for ptip. RELATING TO FUH-SEAI.S AND SEALSKIN INDUSTRY. 31)9 \Vci;ilit (if Imndlcs. In tbe yeiir 1S91 tliore Avero no bachelor soals (Irivcii from Tolstoi hauling grouiuls on St, Paul Island; since ISltO ina«'ti- cally no haciiclor seals have hanU'd out i-n Tolstoi, hut T,^,;;„i"|;:?\J,"f '"^"^ the seals (irivi'u IVoii: this part of the island were taikeu from a hauling ground known as .Middle Hill, \vhit;h is at least a quar- ter of a mile iVoin the nearest breeding seals. On or about the 10th of Xovend)er, IS'.H', when at the office of the Alaska ('oniinei( ial ('onipany in San I'' ancisco, I asked and received permission to examine and weigii S(tine of the fur-seal skins from their warehouse where they had stored several hundred bundles. 1 weighed one of the largest and one of the smallest bundles. The tirst weiglied six'^v-<'iglit and tiie latter twenty pounds; 1 then had the bundles cut open and peisonally examined them. Kach bundle contained bnt two skins. Those from the first l)uudle were what are known as wigs, and tliose from the second what are known as yearling pups; in both oundles there was the usual amount of salt, but in the case of the smaller bundle the skins had quite an amount of blubber left on them, which aided in absorbing the salt, and thus added very materially to the weight of the skins. In my Jinlgnunt, the year- ling skins when had the porter who handles and cares for the furs of the Alaska Commercial Companv trv to bundle the two „.,. , 1 1 11 1 • i ii 1 lii 11 Dillh lilt to iilaoo large and one small skin together, and although he i.k.i.- umn two skins was an expert at handling skins, anyone familiar '" "''""'ii'' with the business would have (puckly discovered that there was sonuv thing unusual in the appearance of the Itnndle. I also had him try to bundle the four skins together, but t!ie I'ailnre was much more marked than in the former case; and I am of the oi»ini( n that not more than two skins can be 'nindlcd together without leaving marked character- istics easy obsers able to anyone of ordinary iiitellig«'nce. and which would have been instantly detected by the (iovernment ollicers oil tiui island and by tlie inspector at San Francisco who examines them as they are removeti from the vessel. I have read se ;. Mr. Kedpath and mysell' drove over ti» Northeast Point and had ;i Mlk there with j\Ir. Fctwler and the watc'imeii. and also started b» itc-.sonally insitect the rookeries. A little later 1 was in- formed that 1 was wanted at the telephone by Mr. Tingle. Vw all I know, Mr. Tingle may have woiked tlie telephone (piite haid betbro getting me to answer, because 1 was on the rookery. What he had to say to me was diat tiie Fiiiglisli C<»mniissioners had arrived at the vil- lage and were very desirous of seeing me person, !y. 1 rei|Uested .Mr. Tingle to say to the English Coinmissio lers that i wcuild return t() the village at once, if anything was said abora S' iiooners or pnachersby me it was to the elfe^'f that 1 had seen none, for tiiere were none to see. jMr. Tingle, of course, couhl not notify me of sehooners about North- east Point, for 1 was on the ground and he was IL' miles distant. A whaling biigantine passed near the villagi' July li!» and had a per- fect right to do so without interference. It is a very cominim oecur- reiico for the watchman to report sails from tou to lifteen miles off I ;i!. ! i ; ' I \l 400 TESTIMONY Nortlu'ast Point, ami I have known several to bo so reported in one day. It is a noted tiaelv tor wiialers, and it wonld be absnrd to (U'tain every vessel that sailed past the islands. Sus])iei()us looking schoon- ers are watehed witii sutlicient care. If tiie vessel the Coniniissiouers saw had und;'rtaken to raid a rtxtkery it wonld liave met with a warm reception. 1 do not pretend to say that the Hritish. Coramissioners were not vi\idly impressed with the events th.-y record. 1 merely state the tacts as they were, so that everyone can form his own im- l»ressions of them. Wm. H. Williams. Subscribed and *worn to before me this 20th day of December, 1892. [SEAii.J Sevkllon a. BK(»\\N, Ifotary rublie in and for tlie Uintrict of Columbia. '<: ' I m f'lLLlAMS. OBSERVATIONS OF SEALS AT SEA. Beport No. 1 of seals seen by U. S, S. Jdama. Date, 1802. Hour. ;M a. Ill . 4-5 " /V-O " 0-7 " 7-8 " 8::i0-!)" 11 12 :20 p. 111. 12:45 " 1:20 " 1 ::to " 1:115 " ;t::«i " 5:20 " 5:24 " 5:27 " 0:45 " 7:00 '■ 4 p. 111. 5.45 " 0.25 " 5 6 O.IIO " 4.:ioi',.iii 8-0 " 12-1 p.m 4-5 " 0-7 " 7-8 " 12 1 " 2-:i " a-i " 4-7 " 4 a. Ill roHitiim ; Latitude and longl tilde. Seals seen. Q O Q ti; a 5' 1 a >-) 1 '3 3 4 2 U 27 21 14 1 a ■J} 2 ii" 2 6 DlBtance from islauds. July 20 It It tl II it tl 11 11 11 kt It 22 25 20 " Lat.5.5o N.,Iong.lfi7'45'\V. " 5,^1' 10 " " 108' " II ,. > II II II II " r,r.'20 " " lOK^- ]0"' II ri5c :iii' " " lOH' 15"' " .■).-.•' 50' '• " 10.-<'50'' " ,5(P " " 10!)' " II II II tl II II 1. II II It tl II II II i> II It tl II II II It II II St. (iciirso 5 11 41 20 24 1 T 1 2 1 1 1 a •J 1 1 2 1 1 1 1 1 2 2 3 3 5 1 20 4 3 40 5 1 12 14 14 1 "l 1 ... 4 NK. 5 . . NK.25 .. NK. a .. 4 10 3 3 3 1 1 1 1 i' 1 '2' 'i' ■ • • • • • S\V tt wxw'.! NW .... NK 2.4 4.5 4.5 4.5 4.5 .;! i> •J :i '2" ... i' 1 ... i '3' i' 2 1. II 1. It II II Lai. 57" N., long. 170 \V. '• 650 45'" " 171- .W" ... .■;.■ 2 2 SW . . . F s SW 4 4 4 i ... ... 1 1 1 1 Lilt. ,105 20' N., limj,' 1 70 ' .■)(» \V. " .'lO'liH'" " 17(1' 57'" 1, -,tp27/i' 11 171 ':iH'" " 5tPI)7"' " 171 '45'" " 5n:',-.(l'" " 17h'4l)'" " .■!,■)'' 45'" " 171 '40'" II nri'Il'" " 17117'" " ,5,-,' 117'" " 171 " .55'05"' " 1711:45'" " 5."r' " " 170' :tO"' " 50' " " 170' 40'" .;i::' ■" 3 .. 8 3 '2' I 2 4 2 1 NW 4 1 2 3 ... 2 .- 1 20 N 4 40 2 '2' 3 5 1 1 Tiios. Neison, Comma7ider, IT. S. Navy, Commanding Phai.aska, Alaska, Jtily Si, 189i. I'orwardcd for tlu' iiifiiiMialion of tlio Sti.Jp Department. K. D. KVAN8, OomJr., IT. 8. Xavy, Gorndg. IT. S. yaral Force, Brrimj Stu True copy from the records of the Iluioauof Navigatiou, Navy Dei>artr.ieiit, Ileceinlier 22. 1WI2. F. M. Kamhat, C'Ait/ «/ Jiiireau. 12364- -26 401 j^ I 1^ 8! ^i' v.? IP I i Ill I'i/,. : ii '.■■ . :i'»* lii i* i I I: Mi' ' 1 ' i • I 402 OBSERVATIONS OF SEALS AT SEA Report No. 2 o/neala seen by U, S. S, Adams. Date , 1802. FoBltion: Latitude and longi- tude. Seal Bsoen. i u. (Night) 3 220 miles. 100 " 140 " 1 WNW.. 6 '2' '2" 1 ■3' 130 " 130 " 3 1 _ i "'i H 1 2 '2 i 125 " 125 " SK K 4 3 1 120 " 1 120 " 133 " NE 5 t ; II II VI '7' 2 11 II 1 'i' 2 1 II 11 150 " II II S W s\v 8K 7 7 ... 1,33 " ... i' 4 . 150 ...' 10 6 a 1 :i :in 2 1 N N (Dark and foggy) '1 1 1 '1 «0 60 Very respectfully, Thos. Nelson, Commanitr, JJ. S. A'., Commanding. Dutch Harbob, Ala.ska, August IS, ISOS. Forwarded for the informatiuu of the State Department. E. D. KVAN8, Comdr., V. 8. If., Comdg. V. 8. Kaval Force, lleriitg Sea. True copy from the records of the Iliiroau of Navigation, Navy Department, DecpmliiT 22, 1892. i". M. ItAMsxy, CAiV '.^Cr- o .a H (4 S S3 Sif a a X fl A 5 ♦J—; .« 2 00 ^30 « B i-I I H S'^ -jc r- M '^ ri TO o »ft 00 . c-s r- r- r? 1^ r- x i?? x t- r^ >« •'t -t to t- lO f" to ■ n r- w -*• n -r rt Ti ri — o 1.1 r; ciN . o t- i- ri i* » i- •£ o -. ri «*. ri ri Tirt i- <-■ »-i • ti — w o q cd- 00 CI c; ifi -0 10 o c^ -t « "30 «•! ri Q o OS ift . ^ — ' in I ri rt M .-n « -^ ^ ro r- •! -- « ^ 5i -I r^ -f *. - -r - '2 *i *r ^ '"•'"''■''■•-''■ ''O « «■': * '-0 «ri '-S '• .^ *■ *) "O o ic »ft lo u^ tc *rt 10 iO in >?i lii in »rt o »fi u '-^ o *n y^A K in A to e = -oa-ia ssa SB ':aS" Bsa. B. e. 5." <<■ ;assps 2? MS B la iAu)kOtntf»tou)cD3« 5 85 V. o o J3 .2 o 2 -3 « .a 5 ^ i •3 B. I ill - s 1 1^ J • If 404 OBSERVATIONS OF SEALS AT SEA '. f u Mi 3.1 •')! 1 .? '.' ' V o a. a 00 e (>4 .a H P P [^ Q a Pi^P^eUP^AiCWP^'AiP^pH&Hp^P^P^P^aipLipt^PaPifli''' 'A,pL,PHPb| CUPhAiPi puftlPl^pL^ p, -^ s. " P.* - ftS^ ft "ft ■* « « «N ^■^rt-^COMCOWi-tr-NW^WOOOOOOOOOOOOO O Oi-lrHlHiHfHiHO':jOOOO d... d d 6^6^ d 0= : 6 d fe^^tstj «5 'j5 to -x 'J F-t ,-H — « f^ S?; ^ th ^ o Cl -T ?i O O n n o SO ifs t.-; » ^^^ ^.^,><; O O (^ in lA lO ?:ps 1-0 ^^.I^ mm ^1 II J 5 ci gi o o f-< r* r-« ^ I- ?i rH 35 r: w o ■<»■ o tft t c-i ^ M ?» ?i -4 ir. 1^ ?. ^. *? v. ^ "?! T*! '(^ 5 -7- ?: 5 7; -7: 1"^* ►» mf^ BY U. 8. S. YOUKTOWN. 405 in 1-1 N "H "I * sssssss 533§-3Si ?;ss?isaa 4-.::: 6 ;;:::::! ! c; OS 2 s s oo <)<) <(<)-.l <]-<) ^"^'S'^^ frlA4 Ti c-ici 55 fi Ti CI ?i ri rt Ti --* « •-" -^ — ^ '^ ; X X 00 X e> 5J o ?i .-^ «* 'J' ift r- c s: ^: r: o .-: o I'l *t i* :o "O t^ i:^ ^ ^ r: ti s : - ^ — • --« f-i 1-t F-< n w ?^ M w ?t ro X X X c « c > . — r- 3 A c- 3i 3i r. ^. c. 31 r. : ,pHf-li-irHri.-*i-if-i'-'M.— i-li-lrirH:CM^-fri?lriTI'-t--«i-i.-.»-«i-H.-,,— ^f ift c ■-» X o I" t- 3 ift ifs o tft M '^ o © t^ If: ri ^r m ic ^ ^mmiAmiAin*t>iAu)io '2 o cii;^ ..•; X X X r: -n- I- I- i, I- t- I- t- |. /; V'i xi /] 'A /i :*'! xi r X '"h ri i^ P- c ?i -^ — '--'i-"Ori-t O o O O O O O rj if£ i.t t?S tA uS tn i.'t in lO Q 9 ' -t-tot*«-''-HaOr-'rooocc»-'C'icii-t^'-'p^cir^eor5'V^V4ft (D»N tS9S333S433333333333 334333333333333S3 w7. .a ^^^ a oa a "2 I !3 « i« k5 a o I s IM o a I t ! I I P ; " ' i ^n I J "4 n; ^ I ); V^: k if I \w y 1 i, t s • J ^ ;hl 'III ' ' • i ' '' { li ! 7rr:r (M ^f' the Stat^ I' S CoaMt and ti^*^ •jfo rfi" U. S. S.MohLcun. Btrini) Sta^ 3'^OTiue August I90i tu August JSIK ISHZ. Total no of mdes run IJJO , ... Seala ubaei'ved S7 Ifo. ofSiiUa t^atrvtd^ wnUun- the distance ff ZO nuit« frnm. hianj-i 6 . 20 toiO . . it> . 60 , .60 .80. .. .ao.m . .loc.isd . 2 w IS 00 J Total no of Seah ob YntdS7 fbrm i£ jt^fpTihr InJorrriAtion of Ifte Stmt< Drpartjnfnl hy I omUr KV f\aJV. i' .•* A', conu V -S a J I tf / thria tn }Ui-ing .Sea CofttfJ ml Ov Orfii-f 1 ;. I I I ! ^ v\ !i ' !fi' ( ;^'i .1 I ,..|! *!' (I i il; f i V. r'' SEALING FLEET AND PELAGIC CATCH OF i893. AMERICAN VESSELS. ^ame of Toaiiel. 1 2 8 4 6 6 7 § 9 10 11 12 i:i u 15 16 17 18 1» 20 I 21 I 22 I 23 ; 24 I 25 I 26 I 27 28 Active Alli.rl \VnlktT AIi'XiiikIit* Allii- I,. AlKi>r AlllKlllllIlt Ili'NMic itiiltor ilowlii'iiil ClIMCO (,',('. I'dklim CO. \Vliit« , Clliilli'liut't c.n.whitu; City of San Ilirgo.. ('Iii'ra CS. White ('/.iirlno Dikwn K. E. \Vt'l(8tt>r Kiiiina mill I.oiiIhs . Kintiiet Felix (iiiniu (in.. R.White...... Il.'ll.ii Ililli'ii liliiin Ilriiry DciiiiIh Ilcniiiiu Idlnr Ivuiilioe Tot»l catrhoa. Cati'heH on Aalut' lidi 41 4 1,713 1,250 1.815 1 130 988 30 658 987 121 128 2, 200 1, 342 400 1,S00 (») 1.815 (tl 700 (t) 2,200 60 2 2,400 1,800 550 i.'soo Name of vpitseU iThm. Seized. t Wrecked. Total CUtchfM. Cntt'lie* iin ANintic kI42 20 43 150 1,187 SO 30 442 2. (KHI 1,003 122 328 880 28,037 1,372 'i,'666 (1) 0) I Seized. 1,511 11,948 1 AcnPH McDonald Ainokii 964! 740 900 1 1,019 ' 208 873 ' 447' 421 37 1 38 Maseot 446 1, 702 524 4(12 5 5(10 001 118 1,401 472 203 119 f Madil S 748 R 39 40 41 42 43 Mav r.elle 230 4 Annie K I'uint Mermaid . .... 238 (S Ariel (I) Xiiimie II) « Ariel* (2) Minnie (2) 7 ArietUH ..•..•.. 1, 1.56 1 378 ' 078 570 507 921 27 870 28 2, 737 1,817 H97 2, 045 507 O.W 480 1,200 1,52 270 433 275 738, MiMeliief R 44 45 46 47 48 Minintain ("liief* Oeean Itelle 9 Heal rioB (Vancouver) . . . IJeal rice ( V ictoria) llnrealiH .. ...... 646 10 11 j (laearand Ilaltiu* Otto . ... 261 IV ItrciiHA 512 I'atlitinder 13 41) SO 51 .'-.2 53 '>4 1,707 429 L362 14 Canntlit*'* C. 1>. Kiiiid I'liineer 15 16 Charloflo (i. Cux ('. ll.'rnp)M*r 696 512 673 i 430 507 202 005 070 1, 934 505 83 541 1, 473 1,300 105 581 1,748 1,800 380 ia7 93 100 416 1,080 244 17 Sapphire 18 833 19 K. It Marvin 50 57 5R Teresa 175 ?0 Thintle 4 ?.l 257 ?? Kuwii Uinltria 623 ?3 600 50 VniicMHiviT Belle Vehtdre ?4 Ilrnrietta* 00 61 0'> ?5 Kiitp S58 ?fl Hut huriiie 11'.'.'.'.!]!. Viva ?7 03 64 05 i 66 67 08 69 Walter A. Earle Walter L. Rich 541 ?8 204 ?fl Letitia Wanderer .. ........ 30 Libliie 39 Willie MctJowan* Wiiinit'red* 81 Lilv i»? Lyilift W. P. Hull 4IS 33 W.P. Sayward 900 34 MariYi* 27 840 942 Total 35 Marv KUen 304 45,357 14,804 R6 Marv Trtvlor ........... 407 I ! (, M 408 SEALING FLEET AND PELAGIC CATCH OF 1892. RECAi'ITULATION. By American vcsrcIb , By BritlHli veHaeln Total . Total niimbur of HkinH taken 28, 037 45,357 73.304 Skins talcec ou Afliatio side. 11,94a 14, 8U4 20,752 One tiiiiiilri'il iinil twriitytwo vchhi-Is tiink in all 7^,394 Hkiiw: ftrprage cati'li per vessel, 001.50 skins. Niiiily li\ ■• vessels timli oil llie eiisl side nC tlic raiillc Oe«uii 4(i,042 skins (tViim tile I'rihilof Iienl); BVeniye ealeli per vessel. 4!lll.!in skins. I'orly vessels t(ii>k on I lie wist side of the I'ai'iUc Uceon :!ti,752 skins (from the Commander herd)- average cateli jier vessi'l. OOH.H skins. DlSTUK'T OF (yOLITMlUA, City of WdsliitHfUni, ss: Goorf State. Tlie annexe. 1 table, ('(unpiled by me, i'ei»i('sents tlie vessels enjia^s'il in pela^jie, .sepiiii}; and tlie nali(»naltie.s and eatelies of the same dniinj; ♦lie year ISDii, Tlie data from which the table has been coiiipiled are reports oi oHicialsof the Htate, Treasury, and Navy Departineiils of the Inited State.s, .statistics obtained from jHMsons eiijia^'cd in the fur trade and by tiie press, ami information obtained from competent and reliable iiersons. Geo. L. ScAEBORoi on. Sworn to before me this 24th day of Dectember, 189L'. [seal.] Sevkllois' a. IJnowN, notary Public in and for the Distn-ict of Columbia, U. S. A, :i ' i 1 i , 1 k .,• 1 mmmfm inuudur bord)- MISCELLANEOUS. SEALSKINS FROM THE PRIBILOF ISLANDS ENTERED AT SAN FRANCISCO, 1872 TO 1889. Stafement of the iiiiviher of fur-seal nhhiH nrciirrf bif the AJanka Commn-cial Compan)/ from portu in the Territory of Alanka, and entered at the port of IStiii Francisco, Cali- furnia. jRoran. Year. Xii.of HonlHkiiia. Year. Nil. of HeiilHkinH. 1872 99, 97r) 99, 744 99. 998 99. 97(1 C9. 9(i4 7.'i. 'af> 99. 9811 99. 9t)i; 190. o;iti 1881 99, 7(in lH7;i . 18S'> .. . 99 9''2 1874 1 8h:i 7,') IHHI 187,5 \Xit\ 99, iHH) 1870 18K'> .. !)9 8.'>0 1877 1S8() 99 982 1878 1887 IHI, 9&4 1879 1888 K'll. (112 1880 1 SH9 100,000 t i I I I, the uiMlcrsisnol, licrchy cortify that the foiPfjoiu}; stntonieiit is coini)ih'(l from the ( rij;iniil Kctiini Maiiitt'st.'^ of the ve.sscl.s conveyiiif? so:mnu'rcial Company from the United States Treasury, now on tile in this ("nstom House, which said receijits were yiven on payment of tlie ajireed tax i)er skin on all skins taken by said Coin- ])any on the Piibilof Islands, said recei|)ts also cold. lining the mimlKT ol' skins on which said tax was ])aid; and that said statetnciit and s;dd receipts, so comjiared, practically aone at the Custom House in the city of San Kranci.sco, California, this IHtli day ol .November, iau:i. [SEAL,.] E. B. Jkroml, Hj^l. JJy. Coll. ♦ ■-i I 410 MISCELLANEOUS. / tS Mi ' J ^i BALES OP SEALING SCHOONERS. No. 243. United States Consulatb, British Columbta, Victoria, B. C, September 3?, 1889. I, Robert J. Stevens, consul of tlio United States at Victoria, B. 0., do Iieieby certify that the sijinatiiie of Tiieodore T. Williams at the foot of the writinf>' lieieunto attached is his true and jjenuine signature made and acknowledged in my presence, and that tlie said Theodore T. Williams is personally knoAvn to nie; and I do further eei'tify that the said Williams has sworn before me to the truth of the statement, to wit: Statement setting' forth the record of sealing schooners sold at public auction by .1. 1'. Davis, auctioiu'er, Sei)t. 2'>, 211, 3 IS). [Periml occupied tii aealiii);, four and one half moiitlis.] Year. 1889. 1800. 1891. ^::^ss"^"'^r^:"^^^""'"-"^-- 21 30 45 12, 371 21.;i»0 20, 727 Average for the year. vessel. 589 713 4(H) 587 day. 4.2 5.2 3.3 4.3 Note— rHiir to 18H9 tlio so diUml "Count Catch" of that voar was cotiihimvl with tlin lieriii;; Sen Catch, NO that it is iiniHissililc to tell how many seals wire taken in the North I'aeille alone. (See Br. Coinrs. Kepnrt, p. 211, note.) Bering Sea Catches^ compiled from the. Hrilimh Commissioners' Report (pp, 205, 211, SIS). [Period occupied in soaliug, two months. Year. 1R89. 1800. 1891. Number of vessels. 10 24 40 Xiiml.erofl Averaco | AvoraRO Bkius niimlier per luiinlier per 15. 497 18, 1H5 28, H88 Average for three years . ▼eSBol. OOg 7.M1 020 day. 36.1 12.0 10.4 783 13.0 NoTK. — Until 1880 nmny skins counted In the l!erln)<; Sen Catches were taken in the North l'a<'i(lc, Bothat no data can heeompiled as to tlie UoringSt 745 631 420 322* 101 117 147 151 226 229 118 1887 72 fl 1888 52 3 18H9 40 IfllH) 21 6 1801 10.6 •Prior to 18S9 tlio so-cnlled "Const Cntch" did not incltido skins tnken north of Vanc()iiv^i' '' tlio pn's- ent year" refers to the year IS70 and not to the year IHU'J. The words " ill liSOi) '' on p. 332 of the ' inonofi'raph ' slioiild read i» 1870. In this connection it is safe to assume that we liav no deliniti^ infor- mation as to the number of seiMs occni riii;;' <»IV the roust of Orefioii, Wasl'in^ton, and Uritish ('oiuial>ia diuiiij;- the yeais iiiiiiiedii'ilely pre- cedin};' the year lS(i!>, and we only know of tlieir niimhers there in l.S(5() in conseipienee of the fact that it was dnriiij; tiiis year *• that the first practical essays were made in takiiif^' .seals iit sea " otf this coast. (See Jiritisli KciMtrt, 8ec. 04, and .Jiid};e Swan's letter, p. 171.', and lirst para- {jiapli of p. 174.) Probably seals would have been found here in Just as great abundance in previous years had any one had occasion to especially look for them. Very truly, yours, J. A. Allen. MATTAroisr.TT, Mass., Dec. ir>th, 180.2. Hon. John "W. Foster, . Secretary of /State, Washiuyton, J). C: Dkar Sir: I am in receipt of your communication of the 14tli inst> and hasten to reply. 3Iy letter of June 4, 1S7(>, to Prof. Allen, was a private letter containin};' siieh ira^'iiieiitary additional information as 1 had picked U]) in cimversation with various pariies whom 1 iiad met dnriii}!: my stay in San Francisco while waitinn' for the icxeniie cutter X/hco/h to 1m' j^'ot ready; and also from ('apt. St-ainmon of tiie Linvobi who had had some previous experience in takiii!;- hair seals for their oil on the coasts and islands of southern California. In my search for information I found small parcels of dried fur-seal skins that had tound their way down from the coast (»f IJiilisii Columbia,, thr«>u. In making these in(piiries I was told by these parties who had pur- chased these skins that more than the usual niiinbcr had been taken there that season. In referring to this statement, it was int«'iidcd to mean more seals, comparatively, had been seen than in tu'dinary years. I doubt not that the |>opnlar demand had stimulated the .search nune than usual, which would account for the greater number observed. 1 have uo doubt, however, that the numbers of seals seen there vury I 11 \\ ' i 1 1 ;lij I 5 i^l t :y^ 414 MISCELLAfn^OUS. from year to jear with the movements of the migratory flshes, which tlicy follow to feed i\\)nu. Ill l.S(iO about «.">,(>()(► young seals were taken by the natives. I never stated that any sucli number were taken in 1870. Tiie full number taken in 1870 was less than 25,000. I remain yours to command, CnABLEs Bryant. [!» '111 ii ! ta : •I il LETTER FROM JUDGE JAMBS G. SWAN CONCERNING BERING SEA COMMISSIONERS AND H. W. ELLIOTT. [Publiabed by permisHiDii of Jml^e Swnii.] Poifi To\v.NSi;\i>, Wash., October S3, lS9t. Dkau ^fiss SriDMoitK: * * • I rooeivod a tiilt'virain IVoin Dr. DawHoii, <>n(M)f tlip Kc.Vii! ('tiiimiissioiu'V!' r.ii ncriiifj Sen, to go to \iftoriM and iiirct liiiii and Sir (i('or)i<' 15:idvii-ro\vi'll. tlio otlitT (•ommis.Hioncr, and talk alioiit seals, and a('»'or(lin]i;ly I Went (Ml Moiidiiv, tlu^ 12Mi, and met tint gontliMut'ii at tlio Diiard llonsc, and Ir.id a Vfiy pleasant intervirw. Dr. Dawson said: " It is inniossildc for mm liviny; on rook- eries to tin!' the Heals, and we have made this |Miint onr 8|iecial study. Several ho )k8 have heen written on seal life from inforniatiiin derived solely Iroin men on the ro.dceries and naturally not many facts liave heen elicited. We \v,\\v found hahits of seals that are not even mentioned in these works. KUiott's work on seals is aniiisin>;. I have no hesitation in saying that the.'e is no important point that he takes up in his hook thiit he does not <'on- traay and conversed with the old chief, who knows me and who corroborated everything; I have stated in my rejiort to Professor Haird which Klliott denonncet. Hooper, of the I'nited States reveniu^-enlter Conrhi, told menu his retuiii recently that all tlirouKh this c(mtro\ersy about seals and their habits not one of the cutter oltlcers had been re(|uired to report abimt seals until this sea- son. " Vi'e did not attenij)! to make any volunteer slatcnu-nt," said he, "but now we are ri'ipiired to report, and nu'an to tell all I km)w." " Vou have seen the seal ]nips Hwimiuinir around , it \eah liay, as I have svated," said I. " ^'es, repeatedly, and 'iow that 1 have an opportunity I intend saying so. Vcm have knocked Klliott Iii<;her than a kite, an I ]>ersonally supervised the un|)ackin}<^ and counting of all sealskins rcicivcd by Messrs. C. M. Laniitson & Company in London tVom the Alaska Corn- men ial Company. I have in this way seen many tiionsands of bundles opened, but never saw or heard of cue that contained more tiian two skins. Alfued Fuaseu. City and County of New York, ss: On this 28th day of December, 1892, personally ai)peared before me Alfred Fraser, the person whose name is signed to tin* foregoing, and acknowledged to me that he executed the same. [SEAL.] Edwin 15. Woods, Xotary Public, Kitujs Co.; Ccrtijicate filed in N. Y. Co. ii B. — CONCERNING THE NUMBER OF SKINS SOLD RY C. IM. LA^NIPSON & CO. FOR ACCOUNT OF THE ALASKA COMMKHCIAL (MtMrANY. Exhibit A, attached to my afVubivit verified April 1, 18!l2. contains a statement of thesaltcd fur-seal skins sold in London between the years 1870 ami 1S!>1. In order to deduce from this statement liie niimiier of fur-seal skins taken by the Alaska ( 'onnnereial C.iiijjany ninh r its lease of the Tribilof Islands, this statenn>nt should be nioditied as t'nilows: (a) From the nund)erof skins therein stated t(» liave been sold in tlie year i870 there should be deducted about ■>,!»(•(» skins whidi were taken from the Pribilof Islands jirior to the time when tlie said lease took ertect uj)on the islands. {b) The number of skins therein stated to have been sold in 1874 should 1m' 1){>,150. Thnuigh a clerical error I originaliv gave this num- ber as JK),1.'.0. (c) The skins therein stated to have been sold in I8!t(» and 1S!M were not taken from the Pribilof Islands by the Alaska Commercial Com- pany. I annex hereto press copy of 8tat«'ment of skins sold by C. .M. Lamp- son & Co. for account of the Alaska Commercial Conii)any from 1871 to 1884, which statement was prepared at Loudon in the year 1S.S4. Alfred Fraseb. #1 1 m I k *fi n ! I^i riV I ! !il n m V i ! if t' t '/ I I ■ ' il !i W Ml -'H 416 MISCELLANEOUS. New York, December 6, 1893. State of New Toi?k, -• . City and County of New York, .is: On this (Jth day of DecemlxT, O/ic tlinusiuul eiplit hundred and nint'ty-two, before nie personally aitpeared Alfied Kraser, to nie known and known to be the, individual deserilx'd in and who executed the foH'yoing instrument, and ho aeknowledj-ed to nie that he executed the same. [SEAL.] Edwln 15. Woods, Notary Public, Kings Co., Certijicate filed in K. Y. Co. AUinka fur-Hcal skins sold for acroiiiit <>/' lliv .lliinka Cummerviul Coiinmny.' 1871 10l.8!t!» 1872 <.lt;. L'H3 1873 KKi, 721 1871 !l!». IM) 187r. it!l. (il! I 187(5 !l(), 2(17 1877 75, no 1 878 !tO, nil lH7!t 1(H>, (»3t) 1880 1(10. KU 1X81 !t!l. !»2l ISS2 KM), 1(H) 1883 75,U14 c— concerning the wekjiits of skins. 50 Wall Stuicei', New York, December, JS93. Lookinfj over the invoices of sealskins sliii)|»cd by the Alaska Com- mercial (,'oiii|»any from l.S72-'7r», 1 find the smallest number of skins in any one cask in each of these years of — 1872, ■ICi skins, weifiliiiit; MX poiimls, or 12.< iioniiils jmt Hkin. 1873, :«l " " r.(!7 " " ll.( " " " 1874, Hi " " tilo " " iT " " " 1875, 5t " " 077 " " 12A " " " The {jross weij;hts above {jiven include cask, skins, salt, and string. The annexed iiicinoraiidimi shows the avcrajic wcij^ht of all skins 8hi])ped by the Alaska ("oMimcrcial Comjiaiiy. There may have been, especially in the early years of the lease, a few bundles of skins from the I'rihilof Islands weigliinj;' as much as (JO lbs., although 1 never remember seeing any of this weiglit. Alfred Fraser. Average weight of Alaska salted fur-neal skins shipped to London. Tear. prr skill, Hil.V — Year. Avorngo ptT Hkin, say— 1871 Lit. oz. 1 11 1 8 11) : 10 5 10 14 il "i 8 14 ITiikiKiwii. 1) 1 1 8 ir. 8 UJ 1881 Lbt. 01. 9 3 1872 IKS'J 9 iK7;t I88:i q 1 1H74 1881 9 1875 12 2 187fl IKSli 10 V.\ 1877 1887 . U 11 1878 1888 9 1879 1S8U 8 13 1880 New York, 15th December, IfOi. > ThiH is compiled Irom the prosa copy leferred to in the foregoing stutemeut of Alfred Fruaer. cr 6, 1892. n 11(1 red and to me known exeented the executed the 'OODS, It .V. Y. Co. ... Ofl. 911 .. 1(H), («»> ... 100, 1(U .. KM), KM) ■■■ 75,914 YonK, emhct; Jt^02. ■ Alaska Cora- inber of skins It, and strinff. it of all skins he lease, a few uch as (50 lbs., 5D Fbaseb. iHffon. Avprnce ])<'r Hkiii, »»>■ — Lb». oz. 3 9 9 9 1 9 12 2 10 13 9 11 9 9 8 13 Dg Sti ktemeut of COMPOSITION OP PELAGIC CATCH. 417 City and CotrNTY of New York, sa: On this 28th day of December, 18 t2, personally appeared before me Alfred Fraser, the person whoso name is signed to the forejjfoing, and acknowletlged to me that he executed the same. [SEAL.] Edwin B. Woods, Notary Public, Kings Co.; Certificate filed in N. Y. Co. STATEMENT OF C. W. MARTIN & SONS, LONDON, ON THE COMPOSI- TION OF A CERTAIN PELAGIC CATCH OF SEALSKINS. [C. W. Martin &. Sodh; telegraphic address, Tliimar, London.] 4 Lambeth IIill, Queen Victoria St., E. C, London, December, 1802. We have made a careful examination of the sex of each one of the fur-seal skins designated in the annexed report and hereby certify the correctness of the results given tlierein. We arc of [the] opinion, based upon the numerous hoh^s found in them, tiiat almost all, if not all, of these skins were taken from seals which were killed in the sea by shot or spear. We are informed by Messrs. C. M. Lampson & Company t hat these skins were received by tliem for acc2, at San Francisco, fiom Petropavh»vsk by the Russian Sealskin Company. The casks in which they were re- ceived, were numbered one to tweuty-oue, and were marked as fol- lows: "R.S. S. Co. d>» 0. W. Martin & Sons. Report on 1,0S8 tailed fur-teal thint ai io nex, examined November 16th, SSd, and 23d, 1S02. Assortment. aniiuud. Donbtfiil. Male. Female. B. S. S. Co. 2 wics 2 10 60 207 ir.7 35 1 2 3 17 71 48 37 5 1 2 10 10 Hildas i;i ;i« 35 30 8 1 37 'Xl'l HlllltllH ..............•>. 286 % 232 If)? mid. '* 127 35 am. " 27 Anranla, 2 3 3 niitU. '* 17 mid uiid fima. cut .... 8 4 6 12 2 14 71 sniB " " " 87 Alaska, 42 87 mill. " 25 6 gm. " 3 1 faulty X ok. 1-21. 1,028 160 17 661 , Ptr cent. Doubtful 14.68 Male 1.66 Female 83.76 London, November 26th, 1S02, 12364 21 100 0. W. Mabtin & Sons. f. < ; (li t V i'l r ii in^ u ! \ ■ i , j r { 1 filil 1 i, 418 MISCELLANEOUS. REPORT OF SPEECH MADE BY ONE OP THE SEA COMMISSIONERS.' BRITISH BERING SIB GEORGE BADEN-POWKLL AND TOE BUHRINO SEA QUESTION. SpPiikiiig liist nifrht at a mcotiiis: of liis constitneiits in tlio Kiikdale Division of Liverpool, Sir (icorp^ r.adcn-l'oweil jjavo an account of liis mission to tlic IWiliiin}; Sea. Ih' said that L(»rd Salisbury told liini it was a very (lillicult, coinjtlex, and delicate (piestion; that, above all tliinjxs, lie wanted to avoid war witli the United Slates, but that at the same time he wanted to be stronj:, to show no feai' in his i)oli(\y, but to show that he was not ^i'oinfj to yield one jot or tittle of Hritisli lijihts. [Loud (Oieers.j IJut Lord Salisbury had an additional purpose in ^enl- inj>- him there. Three or four years a{;'o the Americans seized some JJritish vessels, im|)risoiH>d the ca|>tains and crews, and tiiied them for taking fur-seals out of tlu^ hijih seas. This country, of <'ourse, promptly denied that tiiese vessels were acting illegally, and last sum- mer and autumn, by tlieii' work in the Hehring Sea, he thought they had timdly brought that awkward dispute, which ntight have resulted iu war, to arbitration, and it was iiis conviction that this country would win in that arbitration. [Cheers.] He spent three months in the Behring Sea investigating the full facts. When he arrived there he found three IWitish nien-of war and seven Anu'rican (lovernment ships, the' latter with instructions to seize the British sealers if they attemjtted to seal; but the British C'ommis- sioners were able, without any breach of the peace, to maki^ satisfac- tory arrangements wlii<'li enabled the Hiitish sailors thereto tak(^ home what seals tiiey had got. [Cheers.] He had s ' ' ' fj' ''■*' i If, \ 1. ' li- ' ' ' itt i , liW iiH r ', Jj„tHHL OBUTIFICATES AS TO SALE OF 6CUUONEH8 SEIZED. 421 CERTIFICATES AS TO SALE OP SCHOONERS SEIZED. In TnB DiSTBIGT GOUBT OF SiTEA, ALASKA. No. 79. United States vs. Steam Schooner DoLPniN, ilKB TACKLE, ETC. In admiralty. Writ of venditioni ex- ponas of the date Feby. 10, 18S8. FOB UNJ.^.WFUL SEAL FISHINO IN THE WATERS OF ALASKA. 1888. Sept. 7. Transferred to TJ. 8. Marshal T. J. Hamilton by Barton Atkins, U. S. marshal of Alaska, by order Department Justice. Steamer at Port Townsend, W. T. 1889. March 26. Sold steam schooner Dolphin, tackle, etc., to Will- iam Olseu for $1,225; com. on sale 2 percent first $50(), 1 per cent on balance |17. 25 March 28. Towage, dockage, and moorage paid, voucher 1, 8. B. Hastings, owner steamer Enterprise 40. 00 April 6. Amount returned clerk court, Sitka, Ala 1, 107. 75 Total proceeds of sale 1, 225. 00 April 6. Sent Barton Atkins, U. S. M., Sitka, Alaska, ^ of commission on sale 4. 31 United States of America, ) District of Washington. ) * I, Thomas R. Brown, United States marshal for the district of Washington, do hereby certify that the foregoing is a ti'ue and correct transcript of the record in the above entitled case as the same appears in my office, in the docket of T. J. Hamilton, United States marshal for the Territory of Washington, at page No. 09. In witness whereof I have hereunto set my hand at Tacoma, Wash., Dec. 29th, 1892. Thos. E. Brown, U. 8. Marshal, ': If i ■^«S4M *■:'■ N { ! t 1 ■ i ■ 1 iii t\ 422 rasOELI.AJSTEOUS. In the DisTuiJT Coxmr ch? Sitka. Alaska. No. «. United States r.v. STBAM ScnoONER GllACE, lIEll TACKEE, ETC. In admiralty. Writ of vtfttiiitioni ej-pouds of LiM- date Fel«y. 10, 188«. FOE UNLAWFUL I'lSIIINCi IN THE WATEUS Ol-' ALASKA. 1S8S. Sept. 7. Transferml to IT. S. Marshal T. J. ITaiiiiiton by Uiirton At- kins, U. y. niai'sluil of Alaska, by order of Department of .lustice. SteaiiKM' at I'ort Tovviisend, VV, T. ISSl). Mantli 20. Sold stciiiii scjiooin-r irnice, her tackle, etc., to (Janij-aii »!s: Lowe for ijfl.SLT); com. on sale.. . $20.25 March 28, Towaye, dockajic and nioorayc, L. 15, Ilasting.s, owner I'Jiifnitrisr. ]>aid voiielier 1 40, 00 Man-h 27, Wharfajie from Se|»t. 7 to 21, 18SH, )is20.00 for four, vouelier 2, .1, A. Ividiu 20, «K) Ai»ril 0. xVmount returned into cMurt, Sitka, Alaska 1,444,75 Total i»roeee as tlie same appears in HIT' (fldiee ii ir- loiket of T. J, llamilnion. Hnited States marshal for Cite* T<*rri Ion- •) VVasliiuyton, at pa^c No. 100, Ln \ritiw-w* \viiureof 1 liavo hereuutc set my hand at Ta<'oma, Wash., Tnos. Jl. Hkown, U. iS. Marshal. la Trne insTllICT Ct^TTRT AT SETKA, ALASKA. .»o. 82. tJ K IT! ' T) ^ T * "^HB^ ( IiuMlniiralty. Writ of vendifiofii ex- ANNA Beck, heu r kle, etc, ^ ^"""« "^ ^''^ ^^'^*" ***" !'«'>• 1"' ^«««- FOB UNLAWFil. FIHUINO IN THE WATKBS OF ALABKA. 1888. Sept. 7. Transferre. 1892. Tuos. K. |{1U)WN, U. a. Marshal. In Tins U. S. District Court at Sitka, Alaska. No. 83. United States Wnadnnralty. Writ of rnulifinni rs. > exponas of the date of Feb. 10, Schooner Ada, her tackle, etc, ) 1888, for unlawful fishing in tiie waters of alaska. 1888. Sept. 7. Transferred to IT. S. Marshal T. J. Tlamilton by Barton At- kins, I'. S. Marshal of Alaska by order of the Depart- ment of .histice. Schoon('r at IVut Townseiid, \V. T. Dec. 20. rnlilisiiiny notice of sale, ^l.l.OO for four, voucher 1SS9. 1, I\ T. Call, Flower and \Vilioujihi»y .f lo.tM) March 20. S<»ld schooner .l, her tackle, etc., to.I. ('. Nix(;ii, for Giotto; c.im. on sale 24.00 " 28. Towa^ic an(l dockaj^e and mo(»ra}j;e i)aid, v<»ucher 2. L. I». Hastings owner, \ir;iinia 40,00 " 28. To coal oil and lantern j;lobe. Nov.,. Ian., and Mar., voucher .'5, .1. S. LatinuM- dv (Jo 9. 00 April 0. Anuuint turiu'd into court Sitka, Ala l,812.tK> Total proceeds of sale 1, 90(>. 00 April 0. Sent Barton Atkins, U. S. M, i^itka, Alaska, J cum. uu tialu G. 00 til ! k 424 MISCELLANEOUS. 88: United States o? AArRuioA. Dintrivt of Washhigton. I, Tlios. H, lirown, I'liitotl Statos marslial for tlie district of Wash- in<;ton, do licrchy ccitlf'y tliat the foivfjitig iss a triu' and correct traiiH- erij ' of tlie record in tlie above-entitled ease as the sania aopears in m; ' ilice in the docket of T. J. IJaniilton, ITnited states uiarslial for the 'J'erritory of Washinj^ton, at paj^e 102. In witness wlu^reof 1 have hereunto set my hand at Tacoma, Wash., Dec 29, A. D. iii\)X Tno.', R. Brown, U, & Mankal. j; •\ i? IHBIMM TABLES OF ANNUAL KILLINGS, PRIBILOF ISLANDS, 1871-1889. 425 ill TABLES OP ANNUAL KILLINGS, PRIBILOF ISLANDS, 1871-1889. Table Sitswinc Iho Total Number of Fnr.Scala Killed •■ th« Islaad of St. Paal f*r all Parpoiira, fron IMYOt* 18MO, b«lfa iacluaire. [Compiled ttom tables on fll« in tii« Toimutj Departmeiit.] Seals killed for nativee' foo**. Seals killed for sktus for U-SBOCS. Totals cf Imcliilorn killed, accepted, and rj\)ectekins ro- jeuted. Bvdie- lors. IJnclio- lora. Skins jSkif- «'•""»'""' Jecteaj)or are true cctpies from olllcial tables on file in this Dcpartiiiei-.t. In witness whereof I have hereunto st t my hand, and caused the seal of the Treasury Depurtmeut to be allixed, on the day and year first above written. [SEAL.] CnARLES FOSTER, Secretary of the Treasury, m 1 1- 4 1;. ^ U' ',l\ i i 420 MISCELLANEOUS. Table Mhowing the Total Numi^er of Fnr-NraU Killed •n the lelanti af 81. Ocorge, for nil Purpoam, froiu IM70 t* INNO, both inclaairc. [Compiled from Ublci on Die In the Trektury Department.] a«>aU killert for nntlvee' food. SeaU killed for Kkinn for leHHOva. TotiilH of linoliclors killed, acioiiti'd, and rcji't'twl. Orand tcitdHof Tear. Pups. Bad., ^j;!"" «'»"• ;r,.pt.Hl. Skins rti- j<'itrrt. ]la<'he. lore. Skins ,«'!'■"' Rache- luri). Skin* accepted. Skins re. Ject8 .9, 978 15, 214 i6, 073 16,064 19,150 15,312 m, 050 14. 154 7,259 10.067 25, 000 25,000 10.000 10,000 10,000 15,(K>0 18, 988 20, 322 10. 305 19,809 19.811 15, 143 14,843 14, 990 14,991 15, 196 15, 903 13, 021 8,459 21,157 27, 000 27, 190 1871.... 1972 237 237 1873 1874 12,440 1H75 11 500 1879 10, 000 1 11 500 1877.... 1878.... 1879.... 1880.... 1881.... 1882 250 1,532 843 702 812 483 473 .345 319 544 685 1,409 512 250 1, 210 504 505 ,509 371 468 223 304 413 471 l,.i21 280 310 279 137 303 112 7 122 15 131 114 88 232 14, 744 17, 772 19,758 18, 830 10,360 19,440 14,675 14, 020 14, fiXO 14, 678 14,725 14, 682 13,041 83 77 80 65 64 108 59 28 2 66 1 10,500 20. 804 22 190 20, 939 21,280 19, 978 1883.... 18ai.... 1885.... 1880.... 1887.... 1888.... 1889.... 1,000 1,600 1,080 1, 286 1,356 078 1,071 10.214 10, 573 16, 144 10, 436 10. 008 17, 034 15, 225 Totals 2.x 004 1 9, 054 1 ' 7,108 1,8,50 318, 128 317,500 028 327, 182 324, 098 ; 2, 484 1 355, 240 KoTB.— The alMive tjihlu Incliiilcs all seals killed from all causes, either iutenliouol or aocidoatal, incident to the taking of sealskins on tlio island of St. Ueorge. • , ' > ( \ V r|l it I I Cebtificate of Authentication. united states of america. Treasury Department, January 5, JS93. Pnrsnant to section 88:i of tlie Revi.sed Statutes, I liorel)y certify tliat all till.' items ai)jK'ariiij>- in the annexed pajiers are true copies froia ollicial tables on llle in tiiis Depiirtnieiit. In witness wherenf I have hereunto set my hand and caused the •seal (»f the Treasury Depaitmeut to be atlixed on the day ami year lirst abov<^ written. [SKAL,J Charles Foster, Secretary of the Treasury. •P<"PPI^!PWT ■WWWPifPPJWP" [•!■■ live. killiMl, HI'llU Skiii8 killi'ilfor Ornnd I tllt'llHOf jl'CU'll. 316 302 214 389 167 71 230 74 150 116 153 233 .;ll pur- pogeH, 8,459 21,157 27,000 27,190 12,446 11.500 11,500 16,500 20. S04 22 190 20, 039 21,289 19.978 16,214 16, 573 16, 144 16, 436 16.608 17, 034 15, 225 2,484 I 355,246 I ml or oceidusUl, [ENT, y 5, J893. ceitify that L'opies froiii CiUlS(Ml tlio 1(1 year first ;tku, Treasury. TABLES OP ANNITAL KILLINGS, PRIBILOP ISLANDS, 1871-1889, 427 Caaaolidatril Table Mhowinc lb« Total IVamifcttr •€ Far-*fala Killvil om lbs ■alaada or St. Paul and SI. Hfrge for all ParpoM* from I(»70 to 1H8V, botb lacluaire. [Complied from th« two foregolnf Ubiei.] Year. Number. Year. Nnnibor. 1870 23, 773 102. 960 108.819 109. 177 110, ,585 106. m) 94. 0,^i7 84.310 i09. 323 110.511 105, 718 1881 105.063 1871 1X82 99 812 1872 1883 79,509 105 434 1873 1 !J84 1K74 . 1885 105, 024 1875 1886 104, 621 1876 1887 105, 760 1877 1888 103, 304 1878 1889 102, 617 187D 1,977.337 1S80 AvoraKf anniml killiiiK from 1870 to 1889, both iiicliisivi". 20 yecrs, 98,867. Average uouual kilUug from 1871 to 1889, both iucliiHive, 19 years, 104,070. Table Mbowiag Annual Killiaga at Norihenat Point, St. Puul laluad, 1S71-1880.* IThiN UbiR, rompiitd fVom the tablei of kllllnir found in ihe Appendix to thp Cane of the I'nited Statm, Vol. II, p. 117, et leq, , dhonn the number of fur seaU killed annuall)' at >'ortKeafil I'oint liookery ; the number >nnuall]r killed on St. Paul InUik', and the perr>;ntai;eit of the former to the latter.] Year, SenUkilU'd at North eaatTuiut. .Snlrtkillfd OP St. I'aiil Island. riTceiilajfe orNortlifunt I'oiiit (|iiota to total. 1871 18,621 25,147 26, 309 u; 526 35, 117 26,014 20. 266 23,011 29,174 25, 862 17, 952 23, 303 13, 370 23. 099 19,818 26, 92 1 28. 565 3;i, 383 28, 794 77, 620 75, 3,''>2 75, 437 92, 221 90, 036 77,900 61,, 584 82, 152 81,004 78, 923 82. 380 77, 708 59, 2.-,8 84, 733 85. 395 84, 890 85, 996 84,116 84, 937 23.9 1872 83.3 1873 34 9 1874 37.6 1875 39.0 1876 33.3 1877 32.0 1878 28.0 1879 36.0 1 880 32. 7 1881 21.7 1882 29.9 1883 22.5 1884 27.3 1885 24.3 1886 31.7 1 887 33. 2 IHNH 39.7 ItMHI 33.1 TntAl in 19 Teara. 4»7, 317 1,621,738 SL4 ,'< f 'Jil '^.-.vmw^v^^ iiwHiummnww 9BB f f ! il^ l( \ 'I 1!'. '. ' i y i RUSSIAN DOCUMENTS. PAC-SIMILES e^r DOCUMENTS ON FILE IN THE DEPARTMENT OP STATE. UNITED STATES OF AMERICA, Department of State. To all to whom fl«ae preaetit9 shall come, Greeting : I CERTIFY that the documents, of which lithographic reproductions are hereto annexed, are official papers of the Russian American Company relat- ing to Alaska, now on file in the archives of this Department. They came, into the possession of the United States by virtiwe of article second of the treaty of 1867 be'ween the United States and Russia; and the annexed re- productions are, except as to size, facsimiles of the original documents, having been obtained by photo-lithography. In TESTIMONY WHERi OF, I, John W Foster, Secretary of State of the United States, have hereunto subscribed my name and caused the seal of the Department of State to be affixed. (SEAL.) Done at the City of Washington, this 30th day of December, A. D. 1892, and of the Independence of the United States of America the one hundred and seventeenth. JOHN W. FOSTER 429 -^-^'*^'-^— iTfhflfatii lite iHmi !i ;: jt I'l ! ■> ,1 I ^llil'i ii Lt.t ll lill : i? l^i nllS4),AIA^a*tVHA4yKAyt44A» *Ma344a4AA, .*f^ e4AM^*^* /ttJ>vetA4jtviy tjtu^vtM*o**jo , ^^vo**'tAOUAM 't,»*u? ^ftustt^ttu/ -^cuou**^ ^^f4^j*y*y. c/m ^ ^^^J/VliUAA/ -^j^e* .^4€»€AAAOC^<'f<-*<*A/ i4f itUA^CU *JLKff-*UM> /» '^^^tX^Wt ««e4»«ryvt^*AjiA. -^UX/ft^ yte4'VU/voa4r»^**,KM«y ey^*<^ ■4'*tt*yu2£*tAJUH%. . nMkJtAJ^HAJt^ >PLOl/ eA4j*iti^MO<4^AAA/ /U*HCe/ «^»y/€r. - /flci^ftAMfPttU^K'rXt^t/l/tAAMy -^43'ttA4-OLi^Ay M41U0C0U4/U. <^'^taUt4JUU*« -O Vh '*yton.4^x)a**tAA/. - t4: 42aJ*a)l/' AAy tJi 9^ ■^*}* ^^ % / Hiolographic Sciences Corporation 2:1 WL3T MAIN STREET WEBSTER, N.Y 14580 (716) e 2-4503 s:^ o^ I m\. m. M i I \l s\. 1^' ,H i 'H! r< ii.'i \' .^Z^aaji/ /u»*AMtJt*fAAjt/ efvCi»t*tJ^ <^^Wyft4>/«/ ..^^*^*u*tJ*<»*4y j^t^ftioJi. 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    ii'^^':f'2^/>C/^^S^ j ^ ^'^^'ry. A^^/^v7>c/'yi^'?A' yC'x^^^v^ -y^zpy. y^/^iTy^y:^)^ /:;yyy~ ^-J^^f^y^^ yy/9/^y^/^^y'^9'y /^^^-^ /r/:^/'^^y.yCy>if>!^yi y^yZ/y^/^O- /fyy^yy)^ ^yyuyy/'Jsf^i^'i^fi^-fy^/:?^ /If/y^y^yy^yy^ fj>.^f^^ ^^y. ^yzy- •^y^^t^y^r^ //y^'^^y^'^yy^- i : I i pi" a I 11^ i ■ifl I !p I' {I . i^^. 11 i a .,,1 II '(!i . ; . : ! I li'f ii; T SUBJECT-INDEX OF COUNTER CASE. Acts committed on high seas, not always jiistiflablo 35 AtliiiisDJon IIS to (lecn-ase after 1880 6H Aftection of cows for ])U|)8 53 A);6iits of Goveminont as employe's of lessees 120 Aluliaiiia claims, decision of Tribunal of Arbitration on 133 Alaskan fur-seals. (See Fur-seals) " seal herd: Decrease of (See Decrease) Intemiinjjlinn with Russian herd 48 One home of 110 Alfred Jdamg: American ownership of 130 Name of, chanji;e<•« Cows.) Article. (See Treaty of Arbitration.) Ardill, Mounted tJonstalilo 56 Asiatic rookeries, new. (.See Change of rookeries.) Authorities in the Report: Charles Bryant 53 Henry VV. Elliott 53 Average catch per boat: In 1886 107 Spring catch, 1886-1891 108 (See Table.) Average catch per man in 1885 and 1886 107 Barren female seals. (See Cowa.) Beachmastera. (See Balls.) 481 I f ) 432 IJUDUX OF COUNTER CASE. . ?. £•! m w Pagoi Bochtel, A. J., a citizen of United States 132 Bering Sea: Alleged to bo summer habitat of fur-senla 100 Bancroft's vio ws as to ]>rotection of, from whnlors IT* Captain Hooper's investigations in, in \H{)2 Ki Catch in, not included in proposed close season 127 Control exercised over 18, lit, L'ti, lifl, ;tO Cruisers in, in 1892 51 Distinction between, and Pacitic Ocean 17 Distribution of fur-seals in 18 Indei)endent seal herds in, alle}i;ed 109 Interniingliug of Russian and Alaskan seal herds in 48 Jurisdiction over. (See, (i?8o Control exercised over.) 7 No Territorial rights clainuid over 19 Not included in term Pacitic Ocean 20 Pelagic catch in. {See Pelagic sealing). " sealing in, couii)ared with that in North Pacific 84 Percentage of cows taken In 8.5 Prohibition of sealing in, by United States 129 Right to llsh in, does not incliule right to t:ike seals in 25 Russian cruisers in 27-;{0 RusFtia's title to shore-i of, uudis]>nted 17 Time of entrance of, prop lilavk Diamond, American ownership of 130 Boscowit/,, .Jo8e])h: A citi/en of United States 13^ Ownership of, in vessels seized 131 Relations of Warren, Cooper, and 131 British case: As originally presented 2 Chapter I of 16 Chaitter IV of 23 Consists now of original Case and Report 2,3 Deals, With what matter 7 Diplomatic correspondence resulting frtun, aa originally presented 2 Fails to distinguish between Bering Sea and Pacitic Ocean 17 Incompleteness of 2 Misconceives character of control claimed over Beriuf; Sea 18 Reply of United States to 7 Supplement thereto 2 British claims for damages, reply of United States to 129 British Commissioners 43 Concede nothing by proposed time to enter Bering Sea 127 Cnrtailment of Elliott's statement as to size of bareiua by 74 Did not iirst see dead pups on the rookeries 87 ** Tiait alleged new Asiatic rookeries 110 T INDEX OP COUNTER CASE. 433 British Coiniiii»Ni(>iierH — Continued. r«t;''' I)iBi|uiililtoii of gtnteiiMMit of Klliott liy 115 Errt>iicoimH(iit«iiMraKe (^atrli p«r boat and per man 107 I " in close Hcnson iMojxmod 127 " in diHciiHttiii!; (|Uota 72 " rogulatioMs jtropoHed by I'_'2 Rryant, diaries: Ah au authority in the Hcjjort .IS Error in piibliHJicd 8t»tciiu>nt of, UNed in Ucport Ill On u<|iialiL' coition 62 " exccHsive killing till " when cowH eiitiT water 58 Hcjiort of, ill 1875, and rcaHoiiM for 0!) KiilIctH found in scalu killed on the Inlands 98 Hulls: Do not resort to alleged winter habitat 101 Range of, in winter 101 BiindlcH of sealskins: Containing inure than two skins would bo obsers'ed 117 Counting of 1 UJ Investigated by MaJ. Williams 117 Two skins only in each of 117 Weight of 118 " explniiied 118 Canadian sealers. (Sir I'cliigic sealers.) Carolina, American ownership of 130 Case of the : Harriet 38 Lnriot 22 Pearl 20 Case of the I'nitcd .'^tatcs: Deals cbielly, the matter with which 7 Positions taken in, reasserted 135 Catch, average. (5«f Average catch) Catch of sealing vessels. {See Pelagic scaling.) Change of habits: Alleged in report lOt) Cluinge of rookeries. (See Change of rookeries.) Increased pelagic nature alleged 10*5 " " anassnniption 109 " " partly based on error Ill Independent herds in Bering Sea iinpro vcn 109 Change of nnikeries: Based on hearsay 109 Disproved Ill On Asiatic coast not visited by British Commissioners 110 " Muproveti 110 BobVien Island experience disproves Ill 12364 ^28 ! r \\ ]' 434 INDEX OF COUNTER CASE. CharK<>8 of fVaud. {See Frauda ullcgod.) Charts : Chart No. II of H.-port 102 " III of K.port lOL' " IV of K.>|)nrt 102 In Keport of Uritish C'omiiiissioiicrs. (See Koport of Uritiak Coinmis- HioiltTH.) Ni'w ini^nition chart 105 Of ane(l on alleged errors in niaiiagetnent 126 F.xtenileil ;i wcclt to ei|iiiil l(),(HMt decreaNc in i|iiotu 127 Proposed. iloi'H not iiieliide Sand Point and Hering Sea eatelies 127 rniposed in K'l'jtort for pela;;i(' sealing 12(> Proposed, woilM have lit lie effect 12U Close lime. {Sir Close season.) Coast eateli. {Sir Pelajjie sealing.) {See Sprinjj eateh.) Coition. {Sfc .\i|iiatie coition.) Colonial system : Ij'iissia's 15,21,23 rkase of 1S21, a renewed np 00 Fi'i'iiiiilatioii of. iillcm'd to tako pliifo in wiitt-r tiO Foi'iliii}{ of 57 " position taken hy K't-port on .57 " TowiiHcinl on .59 " wliJli'Hncklin); ilt'nioil l>y Krilinli Minintcr at Tokio .57 Later airival of, at islands disproved t>l Nnrain^. examined hy C. II, 'I'ownsend Hit " few taken by pi>Ia)ii<' sealerH, iMi|died l».v l{««port *<5 " ofpnpsli\. (.s'(c Nnrslnj{ td' pnpH.) " taken ill Iterin^ Sea l>y ('ajil. Hooper . . Kt Peret-nlane in |)elaKie eat eh HO I'eriod of ;;estation of, nearly twelve months K> Prennaid, assumed not to he taken in Herinj; .*a by Ifeport 81 " at all times when in the w ater 85 Crnisers, Russian : Directed to patrol eidouial seas 20-28 In Ihrinfi Sea 27-30 Dali, W. II.. Opinion of, m to atinatie coition 62 Dama>;es : Aun-rican ownership of vessels for wliich. are claimed 130 Article VIII of Treaty as to, inter|>reled 13 1 Britisli ( 'hiims tor, replied to 12^t Claims for, excessive 134 " in nanu' of Cooper 131 No, can be awaril' d for pmspeetivo protils i;;;i Speculative, decision of (ieiu'va Arbitration i;f;{ " (ireat Britain est(>])pe(l from claiming; 133 iSuHtained by warniu); out of Bcriujj Sea not admitted 129 Data : For diarts in Report of Itritish ConnnissionerH |9 Insullicient to esialiiish winter habitat theory 102 Dendjuiiis: All. wen- emaciated !»! Cause of, not novel when t(dd British CoiUMiissioners 87 " decrease (d", in 1N02 93 Caused by killing nuithers denied by Report 89 Causes advanced by Rejiort 89 Death of, not caused by !> ' enidemie disease 89 " " driving and killing mothers 89 " " raids 90 " " stamjtedes !K) Increaa«> on Russian islands coincident with increiusod sealiu); in Asiatic waters 93 Not tirst observed by ISritish Connnissioners 87 Number of, in 1892 much less than in 1891 91 Observed prior to 1891 87 On Polovnia Rookery iu 1892 92 On the rookeries 8t5 Presence and cause noted in diplomatic corrcspoudeme in 18!K) 88 Prinni facie cause of 86 Decrease : Adiuisaioa as to period after, decided 66 ^ t!l ; ' f r U' v« • 436 INDEX OF CUUNl'KU QMti. l)uiT«»iim>— f'ontlnnml. All) ';{i'il riM t>);iiiti 1 ■ I ' '1 I 'ill " to lio <'UUMfit liy iiiitiiikKt'iiirnt tki « to lie creator mi land tliiiii at Ht-a KHi CoinpiiriHoii of liaroiim, 1H7(I aiitl IHiHi, irri^vvUnt to hIiow 7;< SurpliiH of virilu iiialcH, imtwitlmtaniliiiK 7i Kvitli'ni«a*tH) 7:i No ti-aort to rcNi-rvcil aruaH in lN7ii Mhowiiiff 7!) Noteil ill yoiiiiK iiiitloH ill liMU IMi Of 1«'JJ over l«!M y ituliHcriniiiiato killing 72 UirtVn>i»r« of views as loolijuct of Treaty 7 Di)iloiiiitti(! lornspouiliiui" : Conreriiiiin tlir Uritinli Case 2 Shows that I'liitt'tl Statis always claimed |iropi-rty interest in seals 8 DJHtrihntioii of fur-seals in North I'antic 104 Dolphin, Aimriean ownership of 1;M) Elliott, Henry W.: Aliened report of, ill 1«!H) 75 As an authority in the Report 511 On ai/.o of harems in 1874 74 Statement of, as to eountiiiK skins distorted hy Report 11"« Kniployes of lessees lut (jovurninent ageiita f_>o Erroneous translatimia IH Evermann, I'rof. H. W. : On size of harems in lS!t2 75 Stutement us to dead jiiips in ISSt'J j»2 EvidiMiee, nnt rust worthiness of, in Heport 81' Exeessive killing: Hryaiit on, in 1875 69 Foundation of eharge of 6S) {Set Mananeinent.) Exeliisive jnrisdictiou. {See .Inrisdiction.) Feeuiidation. (.SV* Aiinatie eoition.) Feedinn exenrsions. {See Cows.) Feediiif?. (»« Cows.) Feeding nronnds diiriiiff migration 105 Female seals. {See Cows.) FireariuH. (See Hilleauii Sluttjjun.) Frank, A., a eiti/.eiiof United States 132 Fraudulent praeticos. {See Frauds.) Frauds — As alleged in the Heport 1 n Uoliof that Great Britain inadvertantly adoiited charges of 1 i:i Charged in Keport 112 Charges of, unwarranted 120 In ouuntiiig I'ribilof sealskins. {See Counting of skins.) In nianageineiit nientioneii Qg In weight of bundles iiiplied. (See Mundles of .lealskins.) Investigation of Moore in 1875 as to ng No authority for report charging , 115 nn)RX OP COUNTER CASK. 4a7 Prands— rontiniieti. VtgK. I'nrticH rliiirK<'il witli, in tli<> l{trt 112 Hi>ll»>i'ti<>ii on (), M. I.Miii|mon Ar l'iini|iiiny an to 113 Wliy I ' II i ted Stntt-H niimiiltTN rliar^cH «>f 113 I'lir NntU: Aliniiil for isttit, lint foniiiltxl on ornir 112 AiiMtriiliHii, ImliitH of, in nnrHiiiff M Hr»-ftliiiM mult*, (»<' IIiiIIn. ) CliiirtH in Iti<|»irt HlmwiiiK Dimti'iiho.) DiilrllMiiiiin 4>f, ivwiiiiiimI Ity Ki>|iiirt initiiritti< 52 " in Hi rinj» Son 4« " in I'uiitto 0»!»r ikiiil Kolilien, niwuniod in Roport 53 Miur:ilioii of, {.sVc Migration.) Must rtiHoi't t;;i>«! " .Staguy" hoaIh.) \VuHt«< of lift' among, from prlagic Healing 01 Oeni'va Arliitration. (See Triliiinal of Arliitration on Alaliaina Claims.) (iMttation. period of (};{ (loveriuncnt agnntit im employt^H of the IcSHeen 120 (iravid eoWH. (.S'w Cows.) Great Hritain and frundti alleged 113 Grelinit/.ki, N. A. : Ah an authority in the Report (footnote) r>'2 Kxaininalion of pelagie catehes liy 83 Grace, American owiier>iliip of the 130 GiiiiH. (See Rille (i/i(( Shotgun.) Habitat. (See Winter habitat.) UahitH 48 Aipiatie coition GO Arrival of cowh on the rookeries in 18!U 6-1 Change of, alleged 106 ('hantce of. (.SVc Change of liahits.) Harems, Hi/e of 73 Of Australian fur seals given hy Sir V. McCoy 5tJ Winter liahitat theory. (See Winter lialiitat theory.) Harems, size of 73 In 1871, according to Klliott 74 In IS'.tl 71 In 18!»2 75 Harriet. (See Case of the.) Hauling grounds, no, ever reserved 79 Home of AhiHkan Heal herd. (See Winter habitat) 110 Hooper, Capt. V. L. : luveBtigations of, in 1802 83 " us to migration of acaLs lOt ! V >• (-, ' !. : 438 INDEX OF caHNTEK CASE. Hunters. {See Vohxgu' soalinj;- ) Iiu'oiisisti'iiiicH ill l{i')iort - Iiidiiiii liiiiilcrs. [See i'cliinic snaliiiK.) Iniliiiii trilittH, |ii'opci-t,v iiitcrmts of, in ntiaikai miTiMiced liy Mt^mrt. Iii(li'|i)>iirati(iii : Aii|iari'iilly asscnlcd to liy l.iinl SaliHlmry. Pag* G3 101 ■\» 48 9 Iiivitfd liy Mr. Hayard !», 10 UiiiU'd Statt'H soiinht ^ 13 IiiteniatioiiMl law, ^rowtli of .^.. 35 Tiis))t'ft">r's ciiiiiit. (.S'cc (Jiiiiiitiiiji ol'skiiiH.'! liiM'Ntiualiiiii> liy Itritisli CtiiiiiiiiHHiiiuui-H 45 liii]ir(ivi'iiifiii ~ ill iiK'tliiidt): At M-a sii.ii:.'8tfd 12:1 IncrcaHcil In-fiiBt's for Htoain venst-ls of no avail 124 Licenses inr limit els |ir(i|Mis<'d 123 On !'ril)ili>i l-lands siijrgesfed in Keimrt 122 I'lohibitiuff imo "f ritlo — 123 Island eoiint. i Sei- Counting of skins.) Issues: ThPtnie 7,33 8tat«M»i«Mit of. liy Mr. HIaine 10, 11 Unite)* stales' views of 12,33 JncksoD, C II. A i|iio"it4e uiitliority BS On (iroiDiMiiiiiMiM niii'siiii; of |iii))8 55 .jIiHHt; < oinniwsiint (Nw Borinjir .Son CoinMiMiiaa.) .tlniinHdiKtion : jiitKinctifMi •«fta«i«'ii oxciiisive. and rijclit Im ii'.M't souls 7,19 .1^ .■Tvwr: ^H'a, eontrol uxcrcised over. , '• Hftals ean be |irotecfed wntliout 10,19 Otf^ 'I'riiUMUM'-M Arliitratioii as to rl. ( I ' ^ uf 'tt jUHaBMuen t. ) ;.alliiu«-il _ 65 " V... !ii..i ^ : ;iLjenienr.) IndiHrnniin.iie, |)ri.ir i. ^t? cause of asrly dvurensn 72 Lainimoii i&. Co. (S«e Frnlil ) Lessees of I'riliilof IhIhiiiIs Allejjo'l reeojjiHi ion of timiroaHe by 70 Licenses apply to on'y half uuinber of linnt«rs 123 For bunlers 123 " steam vessels proposed 124 Liability. {See Diiniagt'S.) INDEX OP COUNTER CASE. 439 Liht: rase. AiiicHcsm ownersliip of I'M Forincrly A If red Ailams 132 LnjrH 111" Aniericiin aiit' .skins ) Loriol. (See Vavbg at' th<>.) I.nkiinnon Ri okery. (Sec Kookcry.) McCoy, Sir F. Anthoiify ot, :' r statenu-nts on hidiits of fiir-HPnIa CO Knowluil;;!' of, us U) proiniscflioiis nursing of imi)s, insnfli('i*Mit 55 On iill'«Mti(iii of cows for pups T>'.\ " |irouiisi'iioUH nursing of ]iups ,55 Maladniiiiistration. (See I'raud.s alleged.) Male Heals. surpluH of 74 M a lo\vanski,.lulin, examination of pelagic catclie.s hy 83 Maiiageniunt : Alleged orrofH in, basis for clo.se HeaHon lUf? " '• Hi'port's aj)ol(i;;y for jtelagic sealing 1L'(5 As an alleged cause of decrease in seal lieril 65 DisiMissioii ot', after IHSO, irrelevant (i>< Evidence used to charge, with dtx-reasc 71 Excessive killing under, alleged (>5 Failure in, to note decrease cauHod l>y pelagic sealing irrelevant (i7 l-'ailure of Report to show cliangf^ of, .a Iter IHSd GS I'rauils in. (.sVr Fniuds.) hfethods eni|)loy(Ml admitted to he almost perfect 65 I'root must l.e limited to period jinor to 18H0 65 iJUHsiiiM, discuH.sed 71 Size of ((uota irrelevant unless decrease shotvn 71 Management of the I'rihilof Islands. (See, Management.) Maps. (.sVr Charts.) Methods. {See Managoni(!'ement. (^Vr Frauds. 1 MotiuH liniidi of 18iM, signing of 44 "Monogiaph (d' North American I'iunipeds," error in, used iu Ke|Mirt Ill Moore. .1. S. : Investigation of, iu 1S75 110 Wej»ort of, on quest ion of frauds 119 Mortality among ))ups. (See Dead pup.s.) North I'acilic: Distriliution of seals in 104 Pelagic catch in. (See Pelagic sealing.) Pelagic sealing in, compared with that in Dcting Sea 84 Northwest catch. (.Sec Pelagic st aliiig.) North w<'st Coast: Rookeries on. (.Scr l{posod to ei|nal lO.(HM) seals a week Cateb of, jiroposed to lie four times (|nota Catchi'H in lb-ring Sea and North I'acitic compared Close time for. (See Close tinu'.) Effects of, on 1)1 rth rate General ns<- nf slnitgiin in Innirovements in, siiggi sted. (Sir Improvements in methods.) In Asiiitie water coincident with increase of dead piip.s on Kussian islands. In IJering Sea com]>ared with that in North l'aciti(^ Inconsistencies of slatenn'nts by Indians and whites Interested witnesses are those engaged in Percentagvi of cows admitted to be taken " in catches of vessels seized by liiissia in 18!)2 <« ii\ cat

  • 05 95 80 ll'O !»!» . . . lOI) f»l . . . 128 ... 128 93 ... 66 . . 123 Ih. 93 84 96 81 81 83 80 84 80 .. 83.85 t. 81 Pelapjo seiiling — Contiuu#tl. Vhgvi. ^'J• While Iianters iipiiear to lose 40 per esjnt of sealB 96 " Whi t(» hunters," tabltt 97 Pregnancy, jioriod of 63 Pregnant cows. (.See Cows.) Prib!!.)f Islands: Improvement in methods oti. (See Improvement in niethoda.) Inhabited by eiaii for a eenturv, ami seals have remained Ill Lessees of. (iVee Jjessee.^ of Pribiii.f Irdands. ) Hegiilaticnis as to (juola on, projiosed by 125 ProtUs, prospective. {iHcc Damages.) Proliil>ition of sealing in Hering Sea by United Stati'S 129 PromiseuouH nursing of pnps. (See Nursing of pups.) Propel! y in .xenl.s 121 Suggested by Mr. Bayard 9, 10 [Sit Right of protection and of property in seals.) Property interest of Indians in ^eal-herd alleged 101 Property right. (.SVe Right of protection and property in seals.) I'rospi-etive prolits. (See IJaumges.) Protection aud proiHirty rights in senls. (See Right of protection and of prop- erty.) I'rotection «>f seals: Always the nuiin question 8 By Russia in 1H92 29 Independent of jurisdiction over Hering Sea 19 Justilialtie inih-pendeutly of jurisdictional right.s 10 Main ol>Je<'t of arbitration 7 Protection, right of. (See Right of protection and property in seals.) Protective /.one. (Sea Regulations.) I'rovisions of treaty, (.s'ec Treaty oi' Arbitration.) Pups: Affection of cows for 53 Dead. (Sec I>eased in Report 125 Portiuu of, from Northeast I'^iint 77 Pro)M>.sei! in Report to lie one-lourth of ]ielagic catch 128 Reduction of, in 1«X0 67 H'uo of, from 1800 to 18tK) 73 " irrelevint unless decr«'as(> shown 71 I. " under b'ussian management niifairlv stated 71 10,000 decrease of, ei^uuls 10 miles increase (d' /.one 127 ■s ]t-. ;l '\W\\ 'fl! 442 INDEX OF COUNTER CASE. Page. Kai'Is not a cannc of deafh of pnpi 90 Ucilrivi)ijj Hultscqnciit to 1880 irrclovimt 79 KcfliHtry, ISritisli, mAv jJiirpoHo of coiivcvaiice of vtrssols to (.'oopor 131 Kfprotliirtion, act of. (Sit AiguHtit' <'oili(>H.) Kei»ly of UiiiU'tl States to liiitisli ('as« 7 " " clniiiiH for tlainnjr<-H 129 ReHcrvetl ureas, iilloged roHort to 78 Kill.': Prohibitioi) of, 8ii;;}»ostP(l i» report 123 I 'He of, in Healing obsolete 123 ivi');ulatioiiH: Alteiuutive iiicthoils of, jiroposed by Report 128 •' ]>ropose(l iiiailiiiiNsible 128 As to nietlioils of taking; seals. {Sev liiipi'oveineiit in nietlioils.) As to niiiuberH to bo taken, i)n)pose(l 125 Close season. (Sec Close season.) "Compensatory adjustments," proposed in Report 127 For proteetive zoiio diilienlt to enforce 12(5 ' ' proposed 125 Jnrisdictlon of Tribunal of .\riiit ration as to 121 I^imitations as to <|Uota (Ui I'ribilnf Islands, propi.-^ed 125 Proposed, as to entrance of Hurin); Sea 127 " by British Commissioners 121 " for l'ril>ili>f Islands irrelevant 122 " show partisan spirit of Itritisli I 'omniiNsi<.ners 128 Specific selienie of, j)ri(|)osed , 125 Ten-mile increase of /one for 10,tXK) reduction of qiiotti 127 The only, sulllcient 121 I'n fairness of proposed 122 Report Ali'jrcd, of Kiliott in 1890 75 Of IJryaut in 1875, and reasons for 69 " (apt. Hooper 83 " Moore in 1875 119 Rejiort of llritish t'oniniissioin>rs 43 Advances property interest of Iixlians in seal-herd 101 Allcf^es few cows in iielafjic catch 80 •' wast I' of life in jieiajjic sealing iuslgnilicaiit S»4 Alternative rejjnlations pro])osed 128 Apolojiv for |)elii}^ic stMilin^ in, insiitlU'ient 99 Ap'iloj^izes for pclan'ic seHlinj; 80 Assumes intcniiinfrlinf; of Coninumder and Robben seals 52 Causes of dead ]iu)is suj;;{estcd by 89 Chart No. It of, disi-nssod 49 " III of, discussed 49 " n of, discussed 49 Charts in, 125 121 125 127 121 122 128 125 127 121 122 75 6!) 83 119 43 101 80 !t4 128 99 80 52 89 49 49 4'J 49 50 50 52 46 m •> ui INDEX OP COUNTER CASE. 443 Report of British CoinmiscionerH — Coiitiiiiiod. 'r«go. FuiIh to 'hIiow cliaii);*! of iiiiiauKt'iiit^iit aftur 1880 68 FraiitlH allfjtod in. {See Friiuils.) IiicoiiHiHtoncios of 81 " as to aquatic coitiim 63 InciiiisistiMit statcnientH of Hualt-rs in J(6 InMullirifncy of evidence in, to e.stal)lis)i at^natic coition 03 Part of Hriti.sli Case 2,3 Position of, on ai|autir coition (U) Position taly Mr. Itayard 32 " Mr. niaino 30,3:t,:UJ " Mr. I'hclps 34 Di , Dawson discusses , . 37 Facts I elating to, fully discussed 37 History ,»f claim of 32 Roldieii lolaiid: Kookoriert (ui, cleared of seals but tu)t deserted Ill Rookery : l.ukannon, harems 01) , 75 Northeast Point, nntnher of seals taken fnuu 77 " pen-en tMffe of ((uota from 78 Polivina, not a reserved urea 79 " only 2,"i0 (lead \>nu» uii, in lMi)2 92 Reef, alleged Htampede on 90 Tolstoi, dead i>ups(Ui 89 7apadnic, not a reserved area 79 Ro(d;cries: Change of. (.S'cc Chanj{e of Rookeries.) 109 Dead pups on the 86 Formerly on Northwest coast unproven 109 Loeati(Mi of, dependent on isolat ion 109 New .\siatic. (.SVi Chunjje of rookeries.) Rohben Island Ill Russian Mana;;ciiicut. (Sir Manajremcnt.) Russian seal herd, intermingling (d'. with Alaskan herd 48 RusKia's action in 1892 29 " colonial system. ( .sVc Coloniitl system.) " title to shores of Merin^ •'sels.) tiea, Ueriug. (>S«ti llering 8ca.) ' '1 I 1 } 1 1 -I h t '^■\ \ : 444 INDEX OF COUNTER CAfiB. Hen Honling. (.Sec Pelagic sealing.) Soiicatcliio. (Sir HhIIh.) Mcul \wTi\a, (•Sec AlaHknn nval herd, KiiBsian seal herd, Fur-Boals.) ^leiiliin;. (Sft! IVI;i){ir Healinjj.) Sealliij; «liart. (.SVi.' Chiirtrt.) 8e:iliiiy; Hoot. (See Victoria lleet.) 8onliii);, IalH loHt. (See I'elajtic sealing.) 8i(! Vessels seized.) Slieddiii^' of liair. (Str "8tj»eey " seals.) Shotgun, general use of, in parlagie «ealiug 123 Sinking, sejils lost by 97 Spring eat ell. average oateh per boat in 108 ".•^tajjey" period 106 "Stagey" sea Ir-; Alli'ged, not fouml in water 106 Art' taken at sea 107 8tam)>«*deH : No evidence of i«y „ 90 Not a cause of drath of p«ps 90 Standard of weights; Average, siuie lH"rt 77 Fell lielow average in !«!>!) for first time 67 Redurwl in 1««9 77 Stanley-lbown, .1., on when cows i>nter water GO Steam- vessels, lieeuses proposed for 124 Suekliug. (Sir Nursing.) Summer luibitat. (See Winter habitat.) Surveillanee. (.SVv Bering .Sea, control exercised over.) Surplus of virile male seals 74 Table— Of avorage catch per boat and per man ]ires«uted by report lOT " in spring catch UW Of catch |ier boat and per man omtts years '88,') and 1886 107 Table enlith-d " White lluufeis"— Only givcA seals lust by Biiiking 97 .Sources of 97 TkotHloH, Autoriuau ownership of 130 INDEX OF COUNTEU CASE. 445 Townsonil, C. IT.— rag*. Kxainiiiiitioii of hoiiIh l>y H6 Kx))i'ririif«' of, as to cowm fiuMliii); fiO Oil scuIh loitt l>\ woiiudiut; , 96 TriinslatioiiB — {Ste KrroiK'oiiit traiiHlatioiiH.) Treaty of IXiM li«-t\v. tw.oii (iivat IJiitaiii ami Kiisnia Ut, 21 " arliit ration — Hritisli rluiiiiH for ji iimlur Articht N'lll of 129 Characti'r of case callfd for liy 2 C'oiit<-iii|i]ati'H only i'a»«' anil couuter raHo .1 Coiintci I'aNo uihUt 1 I •i(l'er«iioe of viowit an to oliject of 7 How ronlroverBy rcNiiltinj; in the, arose 8 Main iincHtton iiivolvt'd in tin; proti'ction uf Ncals 7 (jiu'stioiis Hiiluiiitli'tl iiuilt*r Artirlo Vlll of 131 Triliiinal of arliitrutioii — .liii'iHilii'tioii of, iiM to n'>;ulationH 121 Triliunal of arliitratioii on Alalmina claiiiin, ileinHion of, as to 8|i(u-nlattvu daiii- a^en 133 Ukase of 17!tit— Din-cti'd a(;aiimt (ori-ifjnt'rs 16 Objcft of, to niaiMtaiii colonial Hystein 1.5 Ukas.' of 1H2I It!, ;t;{ Const nirfiou of, liy llritinli )rnv(>ruiui'nt lit First rc'ferivil to by Lord .Salisbury 8, 12 I'rott'Hls af;ain!*t 19 liem-wt'd drr iaiat ion of colonial Hystein 18 Unfairm'H.s of Kritisii Coininissioncrs. (Hit llritiHli I'oinniiNsionurs.) Use of ritio ill s(8t<'d in vessels seized. {Sir Mosfowitz.lti'clitel.aml Frank.) Early claim of property in seals by 8 Imposition prucliced u]ioii 11 K.'ply of, to Mrltish oaso 7 Kestateiiient of their case necessary 11 (See Issiu'S.) (See .liiriwlictloiial controversy,) (See Ki^lit of ]iroic(;tioii and property in seals,) Views of. as to true issues 35 Vessels seized : Auiericun owiiersliij) of 130 IJy Russia in lStl2 ;!(» Ownership of .ill'inl Adamii VM) '* Jiina Itiek- VM) ** lUnvk hiitmond i;W •* lioneowU: an American, in 131 * Carolina 130 « 7>.»//-/iiM 130 ** Orate 130 « /,i7i/ 130 * ra(hji ndvr 130 * Sai/wa rd 130 * TlwiHton 130 ( li -imm WPf u\ 446 INDEX OF COUNTEU CASE. \';r ■|Mj VcNHcIs ; P«g«. Seizure of HoaliiiK- (See Seizures.) VeHseU, 8t(>uiii, number of, iu Victoria fleet 11.'4 Victoriti fleet, Hteani veHselit iu Il.'4 ff. I'. Sajucant. (See Sayward.) Wariiiii;i of xealerH out of lierin^ Sen 129 Wiirren, .lanifH Ui>U);likH, reliitious of lioHi'uwit/, CDupor, iiuil 131 WaHte <>r life. (-See I'elanic Healinjj.) Weapons (See Hille mid SiiotKiiii.) Wci^lit of iMiiiilIes. (iStr Kiindles of HealNkiim.) WiM^lit of McalNkinH, (See tttandard of wui);li(8.) Wliaieis: Closely watehod by cruisers 12fi i'rolectloii of KeriiiK Sea against 24 Aisils of, to Herinj; Sea 'J4,'.'(i-28 " not ineousisteut with iiositioii of United States.. . 25 Willie liniiters: Licenses |iro|io8ed for 123 (Stv l'olai;ic Hoalinjr.) Talilf bused on statements of 97 Wilson, Sir Samuel, on luiraiiiK of lambs M Williams, MaJ. W. II., investigation of, as to number of skins in u bundle 117 Winter liabilat : Ad vanred by t he Hejiort 1(K> Hulls do not resort to 101 Data insiillicieiit to establish 102 Location of, allcK'i'd 100 Object of ad vanciufj, by the Mritish Conunissituieis 101 Only resort to, by ixu'tion of seal heril 102 Sea I in j; begins bc'ow lOH Seals followed llinmiih 104 Used to establish property interest of iiicilaiis In seal herd 101 Winter res(M-t of bull-seals 101 Witnesses: l'ela;;i<' sealers, interested 81 WouiidiiiK: Seals lost by 98 Seals lost by, not < .iiisiilered liy Report 97 Zajiadnie Kookery. (Sve Uookeries.) Zone, proteetive — Increase of, by ID miles for 10,000 deerease of i|uota 127 i'lupustid by Uoport 125 i't SUBJECT INDliX OF AITHNDIX. u< Paffn. AMipy, Capt. C. A., dcpoHition of, as to moiioy tiiktu from the Caiolciia 'Ml Jdu: 84'iziir(' of tlio 423 Valiio of the 31 j Aft'«(!(ii'ii lii>lw(H>ii iiiothiT 1111(1 jmp ;{>jS Ap', killiilile 278 AKfiitH of Alimka ("oiniimrciiil Compiin.v who were uIho (io\ t)iniii('i)t iij;ciit8 ... ;W3 Ahmkii ('oiiinicri'ial Coiiipaiiy: Ajjt'iits who wtni (iIho (iovornincnt agents 3J<3 Ntivor i"iinii>;r(l in pehij;if Hiiiliiijj 3g| 3^2 Nuiiilicr of imp Mkiiis ]>iircha.serl by 3><1 Soul-Nkiii8 Hohl for iHToiint of, Ity C. M. I.aiiipNoii * Co .\u] Alaskan fin-stal, winter resort of ;yj| Heal herd and HiiNNian do not niinglo 303,370 375 Alasltan s<^al herd, HryantH report on: (Sev also Seals, Alaskan fur.) Arrival of liiills 27fi feinalen 27(i yearlinn» 278 IJachelors inleriiiinKlinK with females 278 Ma tiles on rookeries 27(i Ki rill of pups 277 Hull leliiniH to same spot every year 27(! Coition 277 Color of mature female 070 Color of mat II re male 27,'i Color of pup at liiith 277 Color of yearling 275 Cows hear lirst pup, when 27.5 CowM lei'diii^ 278 Dojiartiire of Imlls from islmidH 278 tenia li'H from islands , 278 pups from ishinds 278 Exereinent on rookeries 277 Fastiuf; of bulls on rookeries 277 Female, of full size, when 27.'> Harem life 277 llarenm, formation of 277 Male allowed on hreedingKrounds, when 27l> full size of 275 447 ■^1 I It 448 KUIUIX T INDKX OK AIM'KNIUX. I I AliiHkiiii Bfiil herd, Itr.vaiit'H rcjiort ou— Cotitiiiiiotl. V^gn. Numliur of hciiIn 279 bruodinj^ cowh oh St. raul Ulnnd '2T,i Inills on St. I'liiil Isliind If7!l rowH on St. (N-ni-jji' iNliknd 27H bulls ou St. (iuorgc iNliind 27H NiirHin); of piipH 277 I'liHRiiKCH o" rookrry 27(1 I'lijiH It'iirnlnjr to Hwini 27M I'lii'itoHo in r« I{<-|ii'oilii<'tivc or^anH of iniili', tlrvt'loped wlit'n 27ti IJrtniii of liiill to Hiinui Mpot cveiy year 27(1 Kookorirs, location of 27tl 8i/c of mat nri! fi-nialo 275 niatnrn nuile 275 BiininKT rcHort of 275 Wuight of Mialnre fxnialo 275 inatnri' nialt< 275 pup at Uirth 277 y«arlinj; 275 Wliy spmIk resort to the iNlandn 279 Alaskan seal lu>rd: ("apt. lloo|ier on migration of 229-233 Indian linn ttirs damage Imt littlu 3!I2 AlfxaiidtT, .\. U. Statfnii'iit of 212 Alfred .l ;r>2 Allfn..l.A. Com'tTniii); nnnibcrof seals 8fon oft'ronat of Washington in I8()9. 413 Annnnnition: Amount used in peluKic sealing 3!M> Co«t of 262 Anna Unk: 8«i/.nr« of the 422 VaIiH» of the 'Mi Aniak Islaixls not breed iiif; ground of Heals 230 Anniuil killings, I'ribilof Islands, lH71-'S!t 425-427 Ap\praisenient of seiding vessels 329-33X Ai|Matie birth, Swnn on 891,392 Arbitration. (See Treaty of arbitration, ete.) Aritl. Kussian seizure of. in 18H2 201-203 Arrival at I'ribilof Islands: Of bachelors 378 Of bulls 27(5 Of cows 27() Of yearlings 27S Arrival of— Cows on Coniniander Islands 373 Seals on Coininander Islands 3()3, 373 Asiatic |ielagie catch, 9(> per cent fenniles 3(>5 IJachelors intermingling with feninles 27S Hndi'ii-rowell, Sir Cieorge, speech of 4 IS Daniard, Moses S., dejiosition of, 353 Warren cows. (See Cows.) Battles on rookeries 27fi Bechtol, A. J., citiisennhip of 861 . 279 . 27!» . */7{> . '-'7» IT?!) . 277 . 27t; . 27« 27r» , . 27« .. 27« . . 27fi . . 275 . . 275 .. 275 .. 275 .. 275 277 . . 275 279 229-233 . . 392 2V2 mo. 352 Xi'2 413 39fi 262 422 . . -Mi .. 23G 425-427 329-3:w 391, 392 201-203 .. 378 27<)!tifiH 277. :MKI On ( 'omnia niliT lalaMilH 373 /i7«((il- Itiiimimil. inttTcNt of A. !''ranl< in lln> 352 lloaf M, cost of 21(i, 217, 2fil , 318, 1 1 1 HoatH of Victoria licet, 1881-1892 '.W. •.'(;o ItoMcowit/ ami Cooper m. W'arrnn, extract I'roni noton made at ♦rial of 30l,3(»-l lloMcowilz A Warren, relation of :«)l-320 n«i«cowitz rl eal '. '. 313-32(1 ExtraitH from evidein-e in ca«e of 3(11-313 KtiHcowil/, .loN<'|ili : Citi/cnMlii)! of 2.V>. 351 'I'eHlimony of, a» to oNvnerxliip of vchscIn Nci/.cil 3(HS -,'1(18, 313 KoHcowit/. !•«, Wiirren vt al., oxtractH from t'\ iilence in caMo of 3('l -313 Itrecilin); KnnimlH ;W5 I ti>turi>ance of 27(i In 18!t2 UK comi;arc(l witli 1891 ;t79 UritiHli ('olnmliia, I'nr scjiIm oil ;U(0 Hritixli ("onnniHhioncn; ; Arrival of, on islandH 3SK) Kxamination of reronlH of St. Paul iHlanil liy 379 FaciliticH extended to, for invcxtiKalKMiH 379, 3!I7 Nundieiof driven Hcen l).v ;(!•« Iiuport of. (>'cr Report of MritiNli (.'oniniiHftioners.) Saw only one killing 398 Viwit of, to Priltilof IslandH :t!m Uritluli (tntijet tH. clainiM anainst I'nilcd StatcM: Tallies relatin« to 339,31(1 TcMtimonv relatinji to 341-3."i2 Hrown, .lames H., deposition of ,i,",M Hryant, Charles; (.'oncerninn nninl»ei of seals Been otl' const of Washington in 18(l!t .||;t taken on I'riliilof l.slands in 18(i9 and 1870... 411 OlTirial report of 275 Testimony of, before CongrcHsional coinniitteo on inereiuiu of seals 28() Itnlls: Arrival of, at islands 27(! Dejiartiire of, fr<.m islamls 27s Fast inn of, on rookeries 277 Hetnrn to same spot t Photographic Sciences Corporation 23 VV:S7 MAIN STReKT WmFTER.N.Y. 14580 (716) 872-4503 «V iV '^ •1>' '^ ;\ r^^ <^ » r^^ .^^ h. Va ,*i 450 SUBJECT INDEX OF APPENDIX. i, i '' fil S' !!■ ( ; : li f r.i Cape Flattery and vicinity : Pajte. Fur-seal industry of, Swan on 284 Fur-seals off 390 Carmelite, Russian seizure of the, in 1892 202 Carolena, no money taken from, when seized 341 Case of the — Harriet 184-101 Loriot IHO-lKt Pearl 175-180 Casks, packing of skins in 358 CatcL, average, per scliooner of Victoria fleet, 1881-1892 258-200 from Priliilof Islands, ti-icred at San Francisco, 1872-1889 409 in IJering Sea, percentage of females in 370 Indian canoe coast 256 in 1892 346 of sealing vessels. (See Pelagic catch.) the Czarina, conipositicm of 3.57 Favorite, couii)osition of 354,356 Henrietta, eoniposition of .3.54,369 Ivanhoe, composition of ;i58 Kate, composition of 3.54 Kate and Ann, composition of 358 La Ninfa, compositi(m of 3,55 Louis Ohen, composition of 3.58 Mary Brown, composition of 3.53 Mary If. Thomas, composition of 3.58 Boae Sparks, <'omi>osition of 3.56 San Diego, compositi(m of 3,58 Sophie Sutherland, composition of 358 Thistle, conij)osition of 3,55 Winifred, composition of 3,54 Victoria fleet, 1881-1892 258-260 Victoria fleet, divisions of 'Jti'i pelagic composition of, Martin & Sons on 417 96 per cent females 366 of 1892 407-408 tables concerning 411 Certificate of sale of seized schooners 421 Chartering of vessels, cost of 343-348 C, H. H'/ti1 ll Or, Commander Islands 361 On St. Paul Island for tiftoen years 2!»8 Requirements for 279 Testimony of Charles Bryant before Conj^ressional committee on 280 Of seal herd. {See Increase.) Indian hnntors {see a/»o Pelagic sealers) 34(5,317,318 Indians, interest of, to be considered 392 Insurances rates 218,311,312,349 Irregularity in habits 378 Islands of the Unalaska district, Veniamiuott's notes on, extract from 294 Intermingling of bachelors with females 278 Iraiilioc, composition of catch of the 3i/8 James, N. T,, deposition of, as to insurance rates 342 Kate, compositicm of catch of the ,. 354 Kate and Ann, composition of catch of the 358 Kenching 282 Killable age 278 Killing excess of males ; Advantageous . 364, 365 Increases herd .. 279 Killing for food , 278 manner of, on islands 278, 281 one, seen by British Commissioners 398 on islands from 1817 to 1838, number in 297 on islaixls from 18/0 to 1874, inclusive, number in 282 on islands, Veniaminotf on 294 threatens extinction of herd 306 wasteful 366 Record of, examined by British ConuuLssioncrs 379 should be confined to males 2/9 time on Commander Islan2 Mcliityre, II. II., dc|ioHiti()ii of 371 McLean, Alexander, deiK)sition of 345 Me Lean, Danitd, de]io.sitlon of 316 Ma>;ee. John A,, jr., dopositiou of 347 Males: Afje of, wlKtn allowed on hreediug <;rounda 270 Color of mature 275 Full f;ro\vtli of, wln-n reached 275 Killin<7 excess of, advanta}j;eous 364, 305 Only should lie ki lied 279 Proporticui of, horn each year 2}t6 Size of mil tare 275 Surfdus, killiufj of, increases herd 279 Virile, sullicicncy ol', on Connnander Islands 305, 375 Virility of, not ini]>aired hy driving 390 Weight of niature 275 Winter resort of adult 230 (See aho Hulls; Hachelors.) Midowansky, .lohn, depositions of 373, 374 Management of seal herd on Priliilof Island. Bryant on: Distnrhauce of breeding grounds 276 Driving, care in 278 Increase of herd, reiiuireinents for 279 Killaldeage 278 Killing, manner of 278 of seals for food 278 of suriilus males increases herd 279 should he coulintid to males 279 Manner oJ' curing the skins 279 Oil y i(dded by a seal 279 Preservation of herd, rereef Aliisltim fnr-Hciils at 8«a 21!)-1.'27, 237-211, 401-405 Ofllcial rcportH. (.SVc KcportM, otlicial.) Oil .vit.I, SI", 348 OwncfNliip of vessels seized by United States 301-325, 351, 352 registered 256 Pacific (North) Ocean, list of reported dangers iu,extraet from 288 Paeiiing. (Stv niindles.) of skins in casks 358 Palmer, William, extract from paper prepared by 289 Passages on rookery 276 I'assenger rat(!8 on Pacific const 349 Passes, observations near, impracticable in winter 232 Pearl, case of the 175-180 Pelagic catch (» taken on, in 1860-1866 193-199 1869 and 1870 413,414 Visit of British Commi8.sioner8 to 398 Price of i)ni> skins 381 I'riees of .Uaskan st^al.skins, statement of, from 1874 to 1889 369 Prime sealskins, i)ercentage of 278 Prodromns of Zoiilogy of Victoria, extract from 292 Prohibition of |iulagi(^ sealing, alisolute, necessary 366, 375 I'rotection liy /.ones impracticahlo , 218, 370 in North Pacitic aud Bering Sea iioceHsary 218. 371 of CO W8 36.">, 377 Provisixaiidi'r 242 IiicloHiiD'H, HccoiiiiiaiiyiiiK roitort of 2U5, 2;i7-2tl Mili'8 oriiiBcd liy 2H5 On distribution of y 2:t5 Seal loKof 2:}7-2»l Si'ftls takiiii in Hcriii;^ Sea by '2'M>, 211 Stall's Ainak iNlaiid not n briM^ding ground ol'simls 2H6 Evermnnn, 1$. W 2G4-273 Arrival at I'ribilof iHlands 2t)4 Departnro from I'ribilof iHlands 2(!4 Notua ou cLaruuter of Kast Kooki'ry, 8t. Goorge 272 Ketavio Kookrry, St. ratil 2(i« Little Kiist Hookory, St. (Icor.",.: 273 Little rolavina Rookery, St. Paul 270 Lnkannon Rookery, St. I'aiil 2C5, 2(!!t Lnkannon Rookery, St. Paul 207 Polavina Rookery, St. Paul 271 dead seals on Reef Rookery, St. Paul 209 docieasu of seals on Za])adiiie Rookery, St. George 273 Ketavie Rookery, St. Paul 268 Lukannon Rookery, St. Paul 200 Northeast Point Rookery, St. Paul 270 Starry Arteel, St. George 272 Reef Rookery , St. Paul 269 North Rookery, St. George 272 Tolstoi Rookery, St. Paul 209 East Rookery, St. George 272 harems on Ketavie Rookery, St. Paul 209 Lukannon Rookery 264,205 Reef Rookery, St. Paul 209 size of, affected by absence of cows feeding 264, 205, 209 pups swimming, Lnkannon Rookery, St. Paul 267,268 rookeries on Pribloff Islands 264-273 ■eal life in general on Lukannon Rookery, St. Paul 266,267 Little Polavina Rookery, St. Paul.... 270 Little East Rookery, St. George 273 Ketavie, St. Paul 268 ) i SUBJECT INDEX OP APFENDIX. 4G1 -7- !.'()!) 272 270 270 RcportH, odlrial— Continiii'il. Kvcriiiaiiii, H. \V, — ('oiitinned. Pngn. Notes on Bcul life iu general on IjihI Hookrry, 8t. fJnor'to 272 Za])u0 D. Siit'cilication.s for ImildinK !'f>-ton Hoalinj; Hcliooner -•"'" E. SjiociticationM I'or l)iiildinK HO- 1 on Kcalin^j hcIiooikt 2r)l F. Hid Cor linildioK Ii.")-ti)ii Hcalin;; m Iumiiut 2."»2 G. Hid Cor liiiilding SO-ton and 35-ton Hoalinji HchoontTs, with .iiix- iliary Ntcani imwcr 2."i;{ IL Hid for fnrnlHliinj; niarinr t'n<;inti8 251! I. Hid fur fnrnishiiij; en>;ineH for 30 and 3.5 ton ■■iliooncr 251 On auct ion sale of E. li. Martin 218 On bids for fonmlry steam 21!* cost of boats 247 and snbsist<^n('o 2U5 Porn Sivward 212 onjjine and boiler for A'. B. Marrin 2 IH 0(ini]>!iient 2 It! provinions 2lt>, 2l7 Bcbooner now bnildinj; 218 steam for scliooner 2(7 disadvanta^eH of steam in sealing scbooner 217 fcmaleN in eatches. insurance rates . . . 2l!t 218 lay and wajjes 218 migration of seals 218 relative expensiven»'ss of wliite and Indian sealers 21(i specilicatious and bids for scbooner 2l!t Orders of 215 liejiorts coast trading by sealing scbooners nnprufitable 246, 2-17 Sources of information employed by 245 Hooper, Capt. C. L 207-233,275-279 Ailidavits taken by 228 Decrease in seals in 1892 at Nortlieast Point, St. Paul Island, re]>ortedby. 213 on rookeries of St. George, reported by 200 gives Aleut classification of seals 229 Method of conducting inquiries among Aleuts concerning migration of seals 229 No barren cows found by 217 connningling of Alaskan and Connnander Island seals found by. .. 216 on absence of gravid cows in Bering Sea 218 area covered in cruises of Corwin 216,218 fJ 1 a^ 462 SUBJECT INDEX OF APPENDIX. tin: \ fi f i; '■I < » Keports, official — Continued. Iloopor, Ciipt. C. L.— Continued. Page. on cruises of Connn 207-216,228-229 distribution of seals in Bering Sea 217 food of fur seals 217 found in See Management.) of Pribilof Islands ; Decrease of seal life on 266, 268-270, 272, 273 Disorganization of 378 Excrement on 360,373,377,387 SUBJECT I>fDEX OF APPENDIX. 463 Page. Rookeries of Pribilof Islands : Everman's notes on 264-273 Location of 276 Relative condition of, in 18i)l anany to Captain of the Imperial Navy of the Second Rank Alexander Hitch Rudakof. Written from St. Petersburg April 22, 1853 166 No. 24. Letter from the board of administration of the Russian American Company to Captain of the First Rank and Knight Stepan Vassillie- vitcb Voyevodsky, chief •Manager of the Russian American cohuues. Writ ten from St. Petersburg April 24, 1854 167 No. 25. Letter from the board of administration of the Hussian American Compaiiy to Captain of the Second Kank Prince Maksutof, chief mana- ger of the Russian American colonies. Written from St. Petersburg No- vember 8, 1854 167 i i .^"^^SS 464 SUBJECT INDEX OF APPENDIX. n i : i :i .. Ruswiaii documents (amended translations), list of^Continned. FagD No. 26. Lt'tter from the board of administration of tlie Knssinn American Company to Captain of the First Kaiik and Knight Stepan N'assilievitch Voyevodsky, diiof manager of the Russian Amcriran colonies. Written from St. Petersburg June o, 1857 168 No, 27. Letter from the chief manager of the Russian American colonies to the board of administration of the liussian American Company. Writ- ten from the colonics October 7, 18.57 169 No. 28. Letter from the chief manager of the Russian Amcriciio colonies to the board of administration of the Russian American Con^iany. Writ- ton from the colonies January 13, 1859 171 No. 29. Letter from Captain of the First Rank and Knight Ivan Vassilie- vitcli Furuhelm, chief manager of the Russian American colonies, to the board of administration of tlie Russian Ami-rican C'omjiany. Written from the colonies May 13, 1860 171 No. 30. Letter from Captain of the First Class and Knight Ivan Vassilie- viti'li Furuhelm, chief manager of the Russian Ameri(^an colonies, to the board of administration of the Russian American Company. Written from the colonies July 16, 1863 172 No. 31. Letter from the chief manager of the Knssian American colonies to the manager of the island of St. Paul. Written from Sitka May 1, 186-t. 174 Russian documents, facsimiles of follow page 429 Russian documents. (Translations now material.) A.— Relating to the number of seals killed on St. Paul Island, 1860-1866. No. 1. Letter from the chief manager of the Hiissiau American colonies to the board of administration of the Hussian American Com])any. Writt3 196 No. Sfc. Letter from the chief numager of the Russian American colonies to the Hianager of the island of St. Paul. Written from Sitka May 1,1864 196 No. 9. Letter from the board of administration of the Russian Ameri- can Company to the acting chief manager of the Russian American colonies. Written from St. Petersburg March 8, 1865 197 • No. 10. Letter from the chief manager of the Russian American colonies to the manager of St. George. Written from Sitka May 6, 1866 198 »'f '!U; i,< SUBJECT INDEX OF APPENDIX. 465 Vug* 168 169 171 171 172 174 429 193 193 193 194 195 195 195 lollies, erican 196 >lonieB a May 196 meri- rican 197 ouies 198 Enssian documoiits — Coutinued. A. — Relating to the uuuibor of seals Icllled, etc. — Continued, Page. No. 11. Letter from the chief manager of the Rnssian American colonies to the manager of St. Paul. Written from Sitka May 6, 186.^ 198 No. 12. Letter from the chief manager of tlio Russian American colonies to the maiiager of the island of St. Paul. Written from Sitka April • 4,1866 198 No. 13. Letter from the cliief manager of t lie Russian American colonies to the . anager of the island of St. George. Written from Sitka July 23,1866.. 198 No. 14. Letter from the chief manager of the Russian American col- onies to the manager of tlie island of St. Paul. Written from Sitka August 10, 1866 199 No. 15. Letter from the chief manager of the Russian Amerii'an col- onies to the manager of the island of St. Paul. Written from Sitka April 9, 1867 199 B, — Kolating to the visits of foreign whalers to Hering Sea. No. 16. Letter from the board of administration of the Russian Amer- ican (Jompauy to Captain of the Socond Rank Nicholas Yakovolvitch Rosenberg, chief manager of the Itnssian American Colonies 199 No. 17. Letter from the board of managers of tlie Russian American Company to Captain of the Second Rank Nicholas Yakovlovitch Rosenberg, chief manager of the Russian American colonies 200 Russian documents, withdrawal of 153 Russian fur-seal : Hiibits of (see also Russian seal herd) 363,364 Home of 363 Russian islands, management of 363-366 Eussiau seal herd : Alaskan and Russian herds do not mingle 363 Arrival, annual, of seals 363 Birth of ptips 363 Cause of departure of seals from islands 364 Coition, pelagic, impossible 364 Commander Islands and Robben Island herds do not mingle 363 Control and domestication 364 Control possible only on land 3(!5 Death of mother causes death of pup 366 Departure of seals from islands 364 Domestication and control 361 Fur-seals are polygamous 364 Habits of seals not affected by methods of taking ,365 Herd, each, resorts exclusively to its own breeding grounds 363 Home of Russian fur-seal 363 Migration 364 Pelagic coition impossible 364 Polygamous nature of seals 364 Pup, birth of 363 death of mother causes death of 366 swimming of 363 Seals not wild animals 364 Swimming of pups 363 RuKian seal islands. (See Conmiandcr Isiacda.) sealskins, only two in a bundle ; 359 . Mizure in 1892 201-205 12364 30 :'*^7^ I. ■I 466 SUBJECT INDEX OF APPENDIX. m I ' nn ■if Sales of pelagio stagy skins in London 412 sealing Rchooners 410 San Diego, composition of catch of the 358 Scanimons's Marine Mainiuals of the NorthweHtern Coast, extract from 293 Schooner, average catch per 411 Victorian fleet, 1881-1892 260 bids for furnishing steam for 249 OOBt of sealing 247,248 equipping 243 provisioning 246,247 steam for... 247,248 Dora Sieward, cost of the 246 Mountain Chief, declaration of seizure of the 419 Specifications and bids for building 249 Steam power not advantageous to 247 Value of 257 Schooners : (For all items of cost and equipment, see Keports, official, Henry's and Myer's report.) Mortgages on 410 Sales of 410 seized, certificate of sale of 421 Ada 423 AnnaBeck 422 Dolphin 421 Grace 422 mortgages on 261 registered owners of, inVictoria 256 registered tonnage of 258 Snidmore, Miss E. R., letter of James G. Swan to 414 Sealeis. {See Pelagic sealers.) Sealing: a venture 345 fleet and pelagic catch of 1.^ >2 407,408 schooners. (See Schooners.) season in Bering Sea 345,346 Seal life at sea, Capt. C. L. Hooper on 693 Seals, Alaska fur : Aleut, classification of 229 Abimdance of virile males among 269,270 (See aho Habits, Bulls, Cows, Males, Bachelors, Pups, Migration, and Pelagic sealing.) Caught and examined by Capt. Hooper 210,212,215,216 Decrease of, in 1892 reported by Capt. Hooper 209 In 1892 at Northeast Point, St. Paul Island reported by Capt. Hooper 213 Destination of herd of 233 Distribution of, in Bering Sea 217 Does not travel in bands 232 Evermann's notes on 26-1-273 Food found in stomachs of 217 Food of 217 Gravid cows among, in Bering Sea 218 Migration of 229-233,248 Mode of traveling of 232,233 No barren oows among 217 SUBJECT INDEX OF APPENDIX. 467 Seals, Alaska fur — Continued. Page. No mingling with commander Islands seals 216 Number annually killed on Pribilof Islands, 1871-1889 425-427 Number of, seen off coast of Washington in 1809 413 Nursing cows easily captured 217 Observations of, at sea 219-227,237-241,401-405 in passes in winter impracticable 232 Pelagic birth am(mg 218 Percentage of nursing cows among 217 Protection of, in Paciiic necessary 218 Range of, in Bering Sea 235 Tables concerning pelagic catch of 410 Takeu by Capt. Coulson iu Bering Sea 235 Western limit of 216 Seals killed for food 278 on Pribilof islands from 1870 to 1874 inclusive, numbt>r of 282 record of examined by IJiitisl" Commissioners. 379 None iu Boring Sea unattached to the Pribilof islands 370 "Reserves of" 373 Stampsdesof 371,377,388 Sealskin industries, testimony relating to 353 Sealskins : Alaskan, statement of assortment, weights, and prices of, from 1874 to 1889 369 Brought away from islands, number of 361 Comparative statement of counts of, from 1870 to 1889 367 Counting of, on the islands 282 In a bundle, number of 361, 380,381, 3»t, 415 Manner of curing 279 Number of, from Pribilof Islands, entered at San Francisco, 1872-1889 409 Packing of, in casks 358 Price of pup 381 Prime, percentage of 278 Pup, number of, purchased by Alaska Commercial Company 381 Shipment of, from islands 360 Sau Francisco to London 380, 382, 384 Sold for account of Alaska Commercial Company by C. M. Lampson &, Co. 416 "Stagy," at sea 357,376,384,412 Taking of, on the Pribilof Islands 280 Transfer of, from lessees' steamer 361 Transshipment of, to Loudon from San Francisco 353 Weight of 416 bundle of 384 Sealers, white and Indian, relative expensiveness of 246 Sealing boats. {See Bouts.) Sealing Fleet of Victoria 1881-1892, inclusive 258-260 Boats of 2.58-260 Canoes of 258-260 Catch of 258-260 average, per schooner 260 Crews of 258-260 Sealing in the water. (See Pelagic sealing.) Sealing schooners. (See Schooner.) appraisement of 329-338 coast trading b •. unprofitable 246,247 libels nied agaiust 327,328 H 468 SUBJECT INDEX OF APPENDIX. ;':fiil ill |i > Search for other roolteries 376 .Season, tieiilin;;, in Heriufj Sea 345, 3-4() Seized scliooners, cortilicatc of sale of 421 niorlgaj;o on 2(51 Seizure of the Mountain CAi