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The following diagrams illustrate the method: Les exemplaires originaux dont la couverture en papier est imprimde sont filmds en commenpant par le premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, selon le cas. Tous les autres exemplaires originaux sont film6s en commenpant par la pre.Tiidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaoii(lenco 80 witlilicltl, however, hius relation to the orders jjiven for the rejjuliition of the seizure of vessels en*;iij>e«l in sealing' in Bering Sea. llespc'Ctfiillv submitted : T. F. IUyard. Department of State, \V(tnhin(jt»n, Fthruari/ ]!.', 1S.S!». l.hsT t)F JXCLosiiiES. r.viiT f. ('orvcKjuiiidrnce rcldlirc to llic Hiiciirc of llritinh xealinij ri-suvh in Itcriiuj Sea. No. No. No. No. No. No. No. 7 No. .->, No. '.), No. 10 No. 11. No. 1-2. No. i:?. No. 14. No. If). No. IB. No. 17. No. H. No. i;>. No. W. No. "21. No. 'J-i. No. 2;i. No. y. No. ^-y. No. yi;. No. '27. No. '28. No. '20. No. :{(). No. :il. No. :t2. No. ;5:j. No. :m. No. :!.->. No. :5(i No. Ii7 No. ;5H. No. :w. No. '10. No. 41. No. 4-2. No. 4:5. No. 44 No. 4.") No. 4(i. No. 47. No. 48. No. 4'.) No. .'>0, Sir L. ."S. Siul;vill(; West to Mr. niiyunl. Mr. l!a,V!!nl to Sir L. S S;icKvi!lc West. M;ir(|ui.-; vl' S:'li>liin'v lo Sir E. .S. ,S;icisvi Sir L. S. S;ic iviUi! W.'st lo Mr. HiiViird. Siiliii' loMiiiii'. ()L'tiilicr .|, 1:^-^7 , April 1'2, ISSr. .July S, IS'?^. •July 11, l.S'^-. Aiij^ust 11, 1H87. .Anmi.sf i:5, 1887. Ic A\'fKt. Scpti'inlitT Si'iiti'iiihcr "21), 1*"7. , to, 1>: Air. Iii)y;ini to .Mr. (i;irl;UHl. aiiiv '2'.', |f<-'.'-. .Mr. (JaihuKl to Mr. I'.avard. May lil. IS88. Sir E. S. S:i(kvill(> West to Mr. Hayjird. August (>, 1868. Mr. l!!iyitrr the Sea. ID. No 51. 8ir No .^2. Mr. No iY.l Mr. No r)4. Mr. No [>i>. Mr. No .'■)(;. Mr. No. .")7. Lor No M. Mr. No. .^)[). Mr. No. 60. Mr. No. «t. Mr. No. 62. Mr. No. (;:?. Mr. No. 64. Mr. No. 6."). Mr. No. ()(). Mr. No. ()7. Mr. No. 6H. Mr. SEAL FLSIIERIE.S LX BERLXG SEA. L. S Sackville West to Mr. Bayard. Aii<,'ii,st 16, 1H88 , .Jeiiks to Mr. IJayard. Soiitcitihcr :{, IHHH. , Hayanl to ,Sir L. S. Sackville WcHt. Scptombor 10, 1888 .Ifiiks to Mr. liiiyard. SciJtenihtT '26, IrtSS. Bayard to .Sir L. S. Sackvillo Wt-st. ScptiMiibcr "7 1888 (Jarland to Mr. Bayard. Octohcr 11, 18H8. ~ ' d Sactkvilli! to Mr. Bayard. Octoh.-r lv>, 1H88. RivTH to Mi: Garland. Oftfdjcr 17, IfHri. (Jarlaiid to Jlr. Bav.ard. O-.UAu-r 20, H-8. Bayard to Mr. (Jar'laiid. Garland to Mr. l?avard. Bayanl to JTr. (iarland. Herbert to Mr. Jiavard. Bayard to Mr. (iarland. Bayard to Mr. Herbert. Herliert to Mr. Bavaid. Bayard to Mr. Herbert. October •27, 18MH. November IJ, 18S8. November !7, IHHh. November 2'.\, 1888. Noveml)er '27, 1888. Ni>veml)er '28, \Hii^, Dece-nber i"), 1H88. Hecembi'r 10, 18H><. Stevens to Mr. Kives. No. ;J88. De cenil)er :!I, 1888. PaI!T II. Correspoudince relative to nrfjoliuliov Hs f,ir the coiielii.-^io)i of tveaVm of protection of fur (tin ill Beriuii Sea, ' ' I No. 61». Mr. Bfiyaid to Mr. \'i;,niaiul No. 70. Mr. MeLatie to .Mr. Biuard. No. 71. Mr. liuvard to Mr. .Mcl.aiie. No. 7:>. Mr. Bavard to .Mr. McLane. I'liAN'CK. No. y.')(i. No. /i;»(i. •Vo. -i/L No. -AK). An^UKt 10, 1887. < )i'tol>er •22, 1887, November 18, 1887. I'ebi-uarv 7, 1888. (iEli.-M.A.NY. No. 7:i. Mr. Coleri.aii to Mr. I?ayard No. -I';)-. September 1. 1.^87. (iMK.VT r.KIIAI.N. No. 74 Mr. No. 75 Mr, No. 76. Mr. .No. 77. Mr. No. 78. Mr. No. 70. Mr. No. ^0. Mr. No. 81. Mr. No. 82. Mr. No. 8:5. Mr. No. 84. .Afr. No. 85. Mr. No. >(). Mr. No. 87. I^Ir. No. S8. Mr. No. 80. Mr. No. 00. T!ie l'li,jlp.s to Mv. Bayard to .Mr Bayard to Mr I'lielps to Mr. I'liclps to Mr. Ba\ar(l to .Mr Wiiilc to .Mr. V.'liite to Mr. I'.ayard to Mr Bavard to Mr. Hiiite to Mr. Bayard to Mr White to Mr. Wliito to Mr. Bayard to Mr Kive.s to Mr. 1 whalr.s in Hm Jjivard, . I'heli)s . Phelps Bayard, Bavard, . Phelps, Bavard. P.avanl. . Wh.re. VViiite. Bavard. White. J'.iyard. Bavard. Piielp.s. Mu'lp.s. l.soil B;l\ No. 6H. November l->, 1887. . No. 7:i:i. November ;i5, l887. , No. 782. JM'brtiary 7, is^'s. ,, No. 600. T",.hriiary H, 188^. No. ()02. February '25, 1888. No. 810. .March '2, 1883. Telegram. April 7, 1888. No. 720. Ai>ril 7, 1888. 'rele^ijini. April 0, L-^-S. No. Kt'.i. A!)ril IS, 1.-88. No. 7-25. April '20, 1>'88. No. , Sit. Jlay 1, i,-;-!8. No. 7()7. Jmie (i, 1888. No. 7.-'(;. June '20, 1,888. No. 018, AiiL;-n.st'0, iM^-i. No. 082. Oetoiier '2:5, 1>^88. . (l>x'lract rro:n no\VH[)a]ii'r.) I,,: J AT AX. No. 01. Mr. No. 0'2. .Mr. No. o:i. Mr. No. 04. .Mr. No. 05. Mr. No. oi;. Ml. No. 07. Mr. No. 08. Mr. No. 00. Mr. No. 100 . .Mr No. 101 Mr Hul)bard to Mr. Bayaid. Hubbard to Mr. J'.ayaid. Hubbard to Mr. Bavard. B.iyard to Mr. Ilubiiard. Huld)ard to Jlr. B,i>ard. Bayard to .Mr. Hnbbanl. Hubbjird to Mr. Bayard. Hubbard to Mr. liayard. Hubbard to Mr. B.ivard. . Bayard to Mr. Hubbard. . Bayard to .Mr. Hubbard. No. !-7. Tel •iiV.U No. :;8-^. No. 1.5(i. No. :!0:!. No. 171. No. 48;{. No. 401. No. 40-2. No . '22:5 No . '2:52. Seiiteiuber'2'^!, 1887. n. September 2'J, 1887. September 2'^, 1887. September iiO, 1887. October 10, 1887. November '21, 1887. Juno ;2;i, 18,88. July i:{, 1888. .lulv l:{, 188,8. . July 18, 1888. , August 0, 1888. .'';AI- fish KK' IKS IN Hi;i{!NG SKA. lUSSIA. No. l(lv>. Mr. Willis to Mr. r.MVMnl. No. l;',;t. Sc)it Imt ;i, I --7. No. lo:!. Mr. Kotliio]. (,. Mr, Ii;i.viiril. No. !.'>!. Dfci-iiilicr H, lri'i(lfiiil)('r "-iT, l.-d(). No. ll'l. The. ailininistrator to Sir L. West. Scptt'iiihci' 'iA, l.'^dli. No. ll'J. Sainc. to Naiiii'. Sciitfinlicr 'J."^, IS,"?!]. No. 11:5. Sir K. West to tlx' adiiiiiiistrati.r. Octolmr 4, 1H8(). No. IM. Mr. Staiili()i>(Uo tliti adininistrator. (Jetolicr 'J,'), \f*f to Sir K. West. DcMH'iiiiitT 1>, l«8(i. Sir K. West to tin' Mar(iiiis ot Kaiisdowiio. Dt'ctMuhor 12, 1886. Mr. St.iiilto|»(' to tliJ. No. No. No. No. No. No. No. No. No. No, No. i:iO. • No. i;u. No. 1:J2. No. i;w. No. i:i4. No. i:{5. Canada. No. K](>. No. No. No. No. No. . No. No. No. No. No. No. No. No. No. No. No. No. No. No, No. No. No. No. January 14, 1887 February 4, 1887, February 5, 1887. 1:57. i:i8. i:5i). 140. 141. 142. 141?. 144. 145. 14(). 147. 14?''. 14t). 150. 151. 152. 15:i. 154. 155. 15(). 157. 158. 159. Colonial oltict* to Ijord Laiisdownc Lord LansdowiHi to Mr. Siaulioiic. January 15, 1887. Sir 11. Jlolland to tlii> Marcpiis ot' Laii.sdowue. January li), 1887, Same to saiiic. January I'J, I8'7. Sir L. Went to Mr. Bayard. February 2, 1887. Same to same. February 4, 1887. Sir L. West to Lord Lanisdowiie. Telegram. SaiiH! to same. February 4, 1887. Sir H. Holland to the Mari|iiis ofLausdowne. Lord Laiisdow lie to Sir JI. Holland. Teleirram. Mareh lU, 1887. Sir H.T. Holland to Lord Laii.sdowue. April 2:5, 1887, Saint! to .same. No. 115, May 12, 1887. Tlie G()verjit)r-Gt!ii('ral tt) Sir 11. Holland. May 21, 1887. Sir M. G. W. Herbert to the ollicer ailiuini.sLerinjj; the government of Mav 27, 1887. Sir L. West to Mr. I5av;iril. .Fulv 8, 1887. Mr. r.avanl to Sir L. \Ve.>t. Julv 11, l'^^7. Sir II. Holland to Lord Lansdovvn.'. No. 206. July 14, 1887. .Same to same. No. 27'.!. August 15, 1887. Lord. Laiisdowne to Sir II. Hollanil. No. 1525. August 10, 1887. Sir L. S. Saekville Wi'st tt) LonlLansdowne. No. tiO. August 2:5, 1887, Lortl Lansdowne tt» Sir H. T. Holland. No. :5:58. August 27, 1887. !Sir H. Hollanil to Lortl Laiisilowuc, Septemtier 1, 1887. Sir H. T. Hidlanil to Lord Lansdowne. No. :.508. Sei>tember 1, 1887. Sir Henry Holland to Lortl Lansdowne. September 14, ]8~'7. Sir H. T.' Holiand to Lord Lansdowne. September 16, 1887. Lord Lansilovvne to Sir Henry Iloiland. Telegram. September 2:5, 1887. Lord Lansdowne to Sir H. T. "Hollanil. No. :}72. September 26, 1887. J.ii)rtl Laiistlowiui to Sir L. S. West. Sei)ttMiiber 26, la87. Sir Ji. West to Mr. 15ayard. Sejiteiuber 2lt, l.-.-'7. Sir H. Holland to Lord Lansdowne. September 2'J, 1887. Same to same. Septi'iiibt.'r 2it, 1887. Same to same. t)etober 8, 1887. Sir L. S. West to Lord Lansdowne. No. 81. October 14, 1887. Sir Henry Holland ti» Liutl Lan.stlowne. No. :556. Oetober 20, 1887. Lortl Laiisilowne to Sir H. Hollanil, No. 408. Oetober 20, 1887. Same to same. No. 4l)l>. Oetober 20, 1H87. Sir L. West to Mr. Bayard. Oetober 2(i, 1887. Sir H. Holland to Lortl Lansdowne. November 4, 1«87. .SKAL FISHERIKS IN BERING sEA. Sea. of !/. No. 100. Samo to sain.'. Novcilil.cr Ki, 1,-87 V • I:V ^'"■"■'•'•-">'i«'. No. :i!»l). \.)v..n.lM.r-2l, HS7 Ao. !(,•». SaiiK^ to Himio. Deccinli.T 7, lHf<7 ^o. jy,i. Lur.l Laiis(lo\vii,( to .Sir II.-iiiv IlollAiid I a unary 1!), 1888. Taut IV Prior conrsi,o„dn,ce relaWe to ik. /;,,.;., .sv, ,, ,„, u,e s.aof OkUotsl; and ike Human ukase oj Ib'il, ^o. 1(;4. Mr. I'oh.tioa to Mr. Adams, ^o. Hi.). Mr. Adams lo Jlr. I'olrtica. ^o. Kic. Mr. I'..|rii,.a (.. .Mr. Adams. i>o. 1(;7. Mr. Adams to Mr. I'ol.-ticii No. Ifis. Mr. VoU-WvAv to .Mr. Adams. No. Itil). Huron Tuyll to Mr. Adams. No. 170. Mr. Adams to IJan.ii Tiiyll No. 171. Mr. Adams to Mr. .Middictoii 17:>. 17(1. 177. 17.-^. 17!». ]!S0. IHl. 1H2. IW. 1H4. 18.-,. IrtO. 187. No. 17-J. No. 17;!. No. 171. No. No. No. No. No. No. No. No. No. No, No, No No, No. 188 No. IM). No, 11)0. No. li)l. Marcli ;ii), No. VJ->. No. ]'.):!. No. 101. No. 105. No. 10(5. No. 107. No. 198. No. 100. No. 200. No. 201. No. 20-2. No. 20:5, No. 204. No. 20,-). No. 2()f). No. 207. No. 208. No. 209. No. 210. No. 211. January :!0, 1822. I'tdnnary ;i,'), 1822. I'VI)rnary 28, 1822. .March MO, 1822. Ai)ril 2, l'-'22. April 12 (24 j, 1623. M;iy 7, I82ii. No. 1(). .July 22, 182:5. ^Ir. Adams to Mr. Jv'nsh. No. 70. ,Jm!v 2-' 'l,^-'*! Mr. i^liddlcion io Mr. Adams. No. :',.-,.' Ai'.ril 19 18-M -.onvn.h,,,, hctuemi (Jroat liritain aii.l Knssia. Vebrnarv 28 l,8->-i Haron Krud.-ncr to Mr. Dickins. May Ml, 18-'.-; '^'"""'^^^ "^' 1'^-'- Mr. l)i.duMs to Maroii Krudciicr. .Jn'm; :{,' 182r>" Mr. I'orsydi to liaroii Krmlciicr. .Innc 21 IH'}'? • J5aron Knidciicr to Mr. lorsvtli. .Inly 11, 18;{iV Mr. lorsytli to Haroii Kriidciior. .Iiilv 21 \«\'y ' J.aroM Krn.lcncr to Mr. Forsyth. .Iwlv 2(;,' iKkV Mr" IvT* 1" m'"- )y'"^i""- ^'"- 4. ■ Jnly MO, 18115. Mr.M.lkn.stoMr. Forsyth. No. 10. iHxWn er 1 lyr; Mr. Ior,syth to Mr. Dallas. No. M. ]\[ay 4, 1,":!7! ' No. (•). Aii'>,ni8t in, '18.17. No. 7. Soi)t('inbi'r 8, 18157. No. 4. November 15, I8.'i7. " No. 1,5. ]Ma,rch 19, 1,8;!8. A])ril Itl, 18.18. May 1:5, 1,-^:58. Mr. Dallas to Mr. Forsyth Mr. Dallas to Mr. Forsvtli Mr. I'orsyth to Mr. Dallas Mr. DallaA to Mr. Forsyth'. Saine to same. No. ](i. .Same to same. No. 17. Treaty eoncerning the cession of AiaJka l,y Russia to the United States, Mr. .Seward to Mr. Chiv. Mr. Clay to Mr. .Sewaw!. Mr. Seward to Mr. Clay. Mr. Clay to Mr. .Sewaiil. Same to same. No. 199. Mr. .Seward to Mr. Clav! Ti No. 27:i. Dvcemher 215, 1807, No. 175. I'.ljumarv 18, l8(i-< No. 208. Fehrna'ry 24, 1808. ^o. l.-M. March 20, 1808. Aiignst 14. 1808. No. 295. Aim:nst Ml. 1808. aty between the llnitca s'tates'an.l Great Britain, May 6, 1871, article Mr. IIolTman to Mr. Evarts. No. 44 Mr. I'relin(,rlinysen to Mr. Iloll'man. ' Mr. Ilofhnan to Mr. Fre .Same to sam.;. No. 211. .Same to same. No. 22"' .Same to same. No. 2,!1. Mr. Bayard to Mr. Taft. .In no 10, 1878. No. 120. jAIarcIi7, 1882. Marcli 14, 1882. in;,flniysen. No. 207 .March 27, 1.''82. May 22, ]8-'2. June 14, 18-2. ,. 1, - , , -- No. 1:5. March 25, 18.8,5. Mr. Bayard to Mr. Wnrts. No. .50. .Ini.e 28 l,w8t Mr. Bayard to Mr. Lothrop. No. 05. December 4 1886 Mr. Lothrop to .Mr. Bayard. No. 95. Febr iry 17 1887 .Same to same. No. 90. Febrnarv 17 is87 ^ ' ^'' Same to same. No. 100. March 7, l^<87'' ' .Same to same. No. 126. .luue 22, 1887. % Paut V. Tiranurii regulations. No. 212. Mr. Fairehil.l to Mr. Bayard. February .-S, 1889. A 11 T I. CORRESPONDENCE RELATIVE TO THE SEIZURE OF BRITISH SEAL ING VESSELS IN BERING SEA ^"^^^^^^ S^^^' :vo. 1. Sir L. K SacLcille West to Mr. Bayard. Washington, ^eptemhcr 27, ISSO. (Ko.oivocl September 28.) relative to tJii.s ownnTence. Cxovermnent may possess I have, etc., I L. S. Sackville West. Xo. 2. Sir L. S. Saclvilh; West to .]fr. Bayard. Washington, October 21, 1880. (Roceived October 2- ) fu^!;iJ^'l,J:^;;'-,^L2 --;^^^ to be Corwin, and to Avhicli I , Tin ..II"^ , i . *'^ ^'ates revenue cruiser I have, etc., L. S. Sackville West. SEAL I'l.SHEKIKS IX IJEHKnO SKA. Earl of hhksleiiih to Sir L. S. Sacl:rille Wrsf.* Foreign Ofkich, October M), ISSO. Sill : Ilor jMaJcsty's (lovoniment are still ii\vai(in\)' north, lonuiruile lOS^ olj' west; the (hnrard in latitude; .")0° 5L" north, lonj^itnde 1(17° 'h>' west; and the Thornton in about the same latitude and lon;;itud(\ They were all at a distance of nu)re than (»(► miles from the nearest land at the time of their seiznre, any K'nssia in IXiT. (:i) 'I'hat the jndijci in liis ehaijic, to th(> jury, al"ter (|not in^ the llrst artirhi (tf the treaty of the IJOtii March, 181)7, between Knssia jiud the United ytiites, in which the * Left at the Department of State by Sir U. S. Sa ami i'liain of i.HlaiiilH aie to lie coimideied as eoin|ii ised witliiii f'e waters of Alaska, and nil the iienalties ]ires('i'ili(!d liy lasv against the killin;r of Inr hearing; anitnals must, thereliiie, attaeh against any vicdalion of law within tlu^ limits lieretofoit* desenlied. If, therefore, the jury helievt* from the evidence that tlu* defendants, liy theniselven or in eonjiim tion wi'h others, dinment." (4) That the ji'iy hroM;;lit in ii verdict of ;inilty a;iainst the prisoners, in accordance with which the mastcriif th<^ Thonitou, Hans ( Jiitlonnsen, was sentinced to im|irison- ment for thirty days, and to pay a tine of ij;.')( Id; and the mate of the 'J'lionitoii, Nornnin, was sentenced to imprisonment for thirty d'lys, and to pay a line of JjiillOO ; which terms of imprisonment aie jircsiimaidy now lieinj; cariied into effect. There is also reason to lielievc that the masters and mates of the (hiii-anl and Curo- hiia have sincti heen tried and st^nlenced to nndcrno ]ienaltieH HJndlar to those now lnd;i^ inflicted on the muster and mate of the ThornUiu. You will ohst'ivo, I'loiii tlic I'ncts jjivcMi iiltovo, tliat ttu' jf.illioriticH of tlie United .Stat('ssji]»i)('{ir to liiy chiiiii to llifi .sole sovcreijiiity of that ])art of ]>eiiii{,' Sea l.viiifj east of the westeily Ixmiidai'y of Alaska, its (leliiied in the liist article of the treaty coMeliided between tlie United States and Hiissia in ISIJT, by which Alaska was ceded to the United States, jind Avhieh includes a stretch of sen extending' in its widest ]>iut some (iOO or 7(l(* miles easterly [westeil\ 'I] lioin the main laml of Alaska. Jn suj)])ort of this claim, those iinthorities tire iilleoed to hiivt; inter- fered with the jx'acefid and lawful ()cc.iii)iition of (Jainidian eiti/ens on the hij>h setis, to have taken ]>()ssessi()ii of their ships, to have subjected their ])ro])erty to forfeiture, jiiid to have visited upon their persons the indifjnity of im])! isonment. Such ])roceeayard, and make him accinainted wit.hthe mitnrcMif the infoi'tnation which which Her JMaJesty's(Jovernmentlia\'e been lurnished res])ectinj>' Hds matter, and state to him that they do not doubt that, if on inquiry it should ])rove to be coiicct, the Ciovernment of the. United States will, with their well-known sense ol" justice, at once admit the illef;iility of the i)roeeediiios resorted to iijiainst the JJritish vessels and the Ihitish subjects above mentioned, iind will cause reasdiiable rei)aration to Ik; made for the wronolo;;y lor the (U'lay and as the reason for my sileiwe, and, I'epeatin;,' what I said verbally to ymi in oiir <'on- versatioii this nM»riiin^', I am still awaitiii}; lull and antlientie leportsoC tlio judii'ial trial and Judfrmeiit in the eases of the seizures referred to. ^ly a|»|»li(!atioii to my eolleaj;iie, the AtlorneyOeiieial, to procnrt' an anthenlii! report of these jiroeeedinys was ]>roiiiptly made, and the de- lay in furnishing the rejiort doubtless has arisen from the remoteness of the plaee of trial. So soon as I am enabled I will convey to ye your communication of tlu^ lilst of October, informinjLj nie tluit you liad been instructed by the lOarl of Iddesleioh, ||«.r ^Majesty's ])riiicipal secretary of state for foreign af- fairs, to protest afjaiiist the seizure of the vessels above referred to, ans of law as applied by the court, J havi' the honor to state that vessels are now, as usual, e(]uii)i»injn" in l>rilisli (Joliimbia for tishiii;^- in that sea. The Canadian (Jovernment, therefore, in the absence ot in- formation, are desirous ot ascertaininj; whetner siuih vessels lishiiifi' in the open sea and beyond the territorial waters of Alaska would be ex- jiosed to seizure, and IlerlMajesty'sdovernmeiit nt thesaim^ time would bo j;lad if some assurance would be osed to seizure, and that JJer i\Ieaceable and lawful occupation of Canadian citizens on the high seas; to have subjected their i)ro])erty to forfeit- ure and to have visited upon their ]>ersons the indiiinity of imprisonment. Such ))i'0('«'('dings ther, tore, if ('orre(;tly reported, api)ear to have been in violiitidii of the admitted principles of international law. Under these circumstances Her Majesty's Government do not hesitate to exjiress tluir concern at not having ns'eived any re])ly to their rej)- resentations, nor do they wish to co!h;eal the grave nature which the case has thus assumed, and to which I am now instructed to call your immediati^ and most serious !ittenti<»n. It is unnecessary for me to al- lude lurlher to the intormation with v.hich Her Mnjesty's Government have been furnished respecting these seizures of British vessels in the open seas, and whiel' foi' some time past has been in the i)osses.sion of the United Staies *.ioveniment, because Hi'r Mjijesty's Ciovernment do not doubt that if, on inquiry, it should jirove to i)e correct, the Govern- ment of the United States will, with their well known sense of justice, aduiit the illegality of the pnxteedings resorted to against tin? British vessels and the I'titish subjects above mentioned, and will cause rea- sonable rei)aration to be made for the wrongs to which they have been subjected and for the losses which they have sustained. In conclusion, I have the hoin>r again to refer to your iu)te of the 12th of November last, ami to what you said verbally to me on the same '^ SKAL FISHERIES IN BEKING SEA. 11 (lay, and to express the liope that the cause of the dela.v e in answering the rei)resentations of Her Majesty's Govern grave and important matter may be speedily removed. I have, etc., (!omplained of ment on this L. S. Sackville West. h No. 7. ^fr. Bayard to Sir L. S. Saclrille West. Depart:\[ent of State, Washington, January 12, 1887. Sir: Your note of the 0th instant was received by me on the next day, and 1 regret exceedingly that, although my elforts have been dili- gently made to i)rocure iVom Alaska the authenticated copies of the Judicial proceedings in the cases of the I>ritisli ressels Carolena, Onward, and Thornton, to Mhich you refer, I should not have been able to obtain them in time to liave made the urgent and renewed application of the Earl of Iddesleigh superiiuous. The pressing nature of your note constrains me to inform you that on Septend)er L*7 hist, when I re(!eived my first intimntion IVom you that any (piestion was ])ossible as to the vnlidity of the Judicial i)r()ceedings referred to, J lost no time in re(|ue.stiiig my coliciigue, the Attorney- General, in whose Department the case is, to procure ibr nu' such au- thentic inlbrnuition as would enable me to nuike lull response to your application. From week to week I have been awaiting the arrival of tli«' ))apers, and today, at my re(piest, the Attoiney-General has telegrajdu'd to Portland, Oregon, the nearest telegraph station to Sitka, in Alaska, in order to expe(iite the furnishing ol' the desireil i)apers. You will understand that my wish to meet the (piestions involved in the instructions you liav*'. retteived fiom your (JoveTiiment is averred, and that the delay has been enforced by tiu' absence of reijuisite inlbr- mation as to the fa(!ts. The tlistance of tlui vessels from any laml or the eircnmstances at- tendant ui)on their seizure are tniKuown to me save by the statements in your last note, and it is essential that such tiuits should be devoid of all uncertainty. Of v.hatever inlbrmation may be in the pt)ssessiiMi of Her .'Majesty's Government 1 have, of course, no knowledge or means of knowledge, but this Department of the (ioveruineiit of the United States has not yet been placed in ])ossession of that accurate inlbrmation which would Justify its decision in a question which you are certainly wananted in considering to be of gi'ave importaiiee. 1 shall diligently endeavor to procure the best evideiu;e i)ossible of the matters inquired of, and will make iXwo. resi)onse thereupon when the opj)ortunity of decision is afforded to me. You rcipiue no assurance that no a\oiai)ers, in the usual course of mail, should be received by me within a fortnight. In this connection I take occasion to inform you that, without con- clusion at this time of any ()uestions which may be found to be involved in these cases of seizure, orders have been issued by the President's di- rection for the discontinuance of all ])ending proceedings, the discharge of the vessels referred to, and the release of all ])ersons under arrest in connection therewith. 1 have, etc., T. F. Bayard. n: WJ No. 10. Sirlj. IS. Sackrille West to Mr. Bayard. Washi^gtox, February 4, 1887. (Received Febrnary 5.) Sir : 1 have the honor to acknowledge the receipt of your note of the 3d instant, informing nu' that without conclusion at thistiaie of any questions which may be found to be involved in the cases of seizure of ]iritish vessels in Bering Sea, orders have been issued, by the Presi- dent's (lirection, for the distiontinuancic of all i)ending proceedings, the discharge of the vessels referred to, and the release of all i)ersons un- der arrest in cotmection therewitij. I have, etc., L. S. Sackville West. 4 SEAL FISHHRIKS IN BKRIVG .SKA. 1 ^ Xo. 11. So- L. S. S71, and have beeti in force for in)wards of seventeen years; and prior to the seizures of last sunnner but a single infraction is known to have occurred, and that was j)rom[)tly punished. The question of instructions to Government vessels in regard to pre- venting the indiscriminate killing of fur seals is now being considered, and I will inform you at the earliest day possible what has been decided, so that Ibitish and other vessels visiting the waters in question can govern themselves accordingly. I have, etc., T. F. Bayard. f; % v. I •If. . '1 14 SKAL FISHEKIES IN BERING SKA. (Annex.] Title XXIII. —Tin; TEUfiiTouiKs UEVISKl) hTATUTKS RELATING TO ALASKA. CiiAi'TKit HI, — I'rovisioHH relat'uuj tti the unorganKcd Tcrrilorij of Aliiika. Sec. 1054, Cii.stdina, ctr,, l;nv8 pxtcndcd to Alaska. 1955. IniiiortalioM of tiri'-aniis and ilistilled .spirits may lu^ inohiblted. lO.'ifi. Killing tif fiirl)faiin!; animals jitoliibitcd. 1057. AVliat courts to liuvo jiiriwdiclion of of- fcn.sos. lO.'iR. Ifcniission of finca, etc. 195y. St. Tanl and St. (Jcorgo Island.s declared sjiceial reservation.s. 19C0. Killing; of seal upon them prohibited except in certain miiiillm. 19(11. Killinjr of certain seal prohibited. 190:'. Limit to nninber of .seals to he killed. 19l-:i. Kiyht to take seal may be leased. 19(14. I'.oud. , Sec. 19(i5. Who may lease. ]!Mi(i. (Covenants ill lease. 19(i7. Penalty. 19tl8. Penalty npon leases. 10(i!). Tax ii))on seal skins. 1970. Lease may he teiiniiiiiteil. 1971. Leasees ti) furnish cnpiua to masters of their vessels. 1972. C( rtain sedinns may he altered. 19T3. A};ents and us.sistants to mana<;o seal fish- erie.s. 1974. Their pny, etc. 1975. Not to be interested in riiiht to take seals. 1970. Agents may administer certain oaths and lake testimony. .Skc. 19.")4. Till" l.iw.s of flit! United Stiitcs i'ol!itiii<.( to ciistoiii.s, comiiicrco, and navi- gation, iwt' extended to and over all the ma in -land, islands, and waters of the Tenitor}' teded to the United States by the- Kniperor of Knssia li\ tieaty concluded at Wash- injiton on tlie thirtieth day of March, A. 1). one thousand ciiiht liiaidred and sixty- He\-eii, so fur as tlii> same may he. ;!]>|die!il>le thercito. .Si:c. ID.'."). The I'resideiit shall liave the jiower to restrict and re;i;ulate or to ])ro- hihit the iiii|M>rtation and use of tire-arms, ammunition, iiml distilled spirits, into and within the 'l'erritor\ of Alaska; the exportation of tlie s;ime Ironi any other jiort or ]dace in the United .States, when destineil to any poit or ]dai'e in that Territory, and all such arms, amn. unit ion, and distilled spirits, exported or attempted to lie exported from any jimt or jdace in the United State; and destined lor such Teriitory, in viohi- tion of any ii'oulations that may he, ](r<>scrilied under thi.s section, and all such arniB, ammunition, and distilled spirits, landed or attcm)ited to be landed or used at any port or jdacc in the 'i'erritory, in violation of such rej^nliitions, sliall he forfeited ; and if the value itf the sanio exceeds four hnndied dollara the vessid upon \Nhich tho sanu' is found, or from which they liave heeii landed, t(ie;ethir with her taclile, ap- \y.\n\ ;ind luitiitiire, and car.o-o, shall be fm-feited ; and any jierson willfully violatini; HUidi re;:;iilationH shall he tineil not more than live Iip dred dollars, or imprisoiu'd not more than six months. Bonds may be ie(|uired (or : laithfid observaiicc.of .such rej^- ii'aiions li'om the master or owiier.s of any vessel deiiarliui; from any pint in tho United States having; mi board tire arms, ammunit ion, or distilled .spirits, when .such vessid is destined to any jdace in the 'J'erritory, or if not so destined, when there i.s reas(Miab|e ground of suspicion that such articles are intended to be laded tlu^rein in A iolation of law ; and similar bonds nniy also bi^ reciuircd mi the landinij of any such art'icles in the Territory t'rom the person to wiiom the same may be consioned. Skc. li*.")*). No person shall kill any otter, mink, marten, sablo, or fur 'al, or otlior ftu'-iiearin;.',' animal within the limits of Ahisl jfrant any special privilejjjes under thi.s section. SlX". l'jr)T. Until otherwise ])r()vided by law, all violations of this clnqiter ami of till! several law,s hereby extended to the 'I'l^iritoiy id" Alaska and the water.-i thereof committed within limits of the sanio, shall be ptosccuted in any district (unirt of tho United States in California or Orey,'oii, or in (he district courts of Wasliino;ton ; and the collector and deimty collcctor.s aiiiiointed for Alaska Territory, and any]ieison authorized in writin;^ by either ot' them, or by the Secretary id" tho Treasury, nliall have power toai rest persons.ind sei/e vessels and merchandise, lialile to tines, penal tics, or forfeit 11 ns uud(l the tliii'd Mai'cli. one thousand sevnn hundred and nint'tv-sevcn, (diaijtcr tliirtt'cn, or mentioned in any aet in addition to or anien(Litory oCuiich act, that liav(> oeciirre waters ailjacent to the islands of Saint I'anI and Saint (ieoryi!, m on the beaches, clilfs, or rocks wlien^ they haul up tVoiii I he sea to remain; and every I'crson who violates the provisions of this or the i>rectdiiij^ section shall be ]miiislied for each olVcnse by a line of not less than two hiindied dnllars nor more than one thoiis.-ind dollars, or by imprisonment not more than six moulhs, or by both such tine and iinprisonmeut ; and all vessels, their tiickle, ajiiiarel, and fuiniluiH', wliose crews aie Ibiind ennajrcd in tlie violation of eitlur this or the preccdiiij^ sec- tion, shall be forfeited to the United States, Si;c. ll)t)"J. For the period of twenty years froni the liist July, one tlioii^aiid eit;ht huudreil and seventy, the number of fur seals which iiiav be killed for their skins 111)011 the island of Saint raul is limited to seventy-live thousand per annum ; iiiid llie niimlier of fui-s»als which m.'iy be killed for their skins upon the island of Saint (Je(U\L;e is limiled to t wi-iity-tive ih.oiisaud per annum ; but the Secretary of the Treas- ury may limit the rij;ht of killini;, if it becomes uecessaiy for the lueservatiou of sinh seals, with such proportionate rednciion of the rents reserved to the (lovernment as may In; jiroper ; and every ]ierson who knowingly violates either of the [uuvisions of liiis section shall be ])unished as ]irovided in tlu^ precedinfj; section, Sk.C. I'.Hi:?, When the lease heretofore made by the Secretary of the Treasui'y to "The Alaska Commercial Com])any " of the ri;.;ht to eii<;;a,<^o in takinjj fur-seals on the islands of Saint I'aul and Saint (ieori;(', pursu.ant to tie act of the lirst .July, elia)iter one hundred and ei^hty-niiie, or when iiny future similar lease, expires, or is s'lrreiiilered, fuifeited, or teiinin.'ited, the Secretary shall lease to juoiter and respon- sible parties, fur the liest advanlajj,e id" the i'liited States, haviiiii' lieiies, the ri.i;ht of takinu; fur-seal.s on the isl.inds herein named, and of seiidiui;- a vessel or \ ssels lo the islands for the skins of such setils, for the teiiii ■■ ' weiity years, at an annual rental of not less than lifty thousand dol- lars, to )je reseived in such lease and secured by a deposit of United States bonds to that amoui.t ; and every such lease shall.be duly executed in duplicate, and shall not be transferable. Si'.C. r.Mil. The Secret.'iry (d' Ihe Treasury shall take from the Icssi'cs of such islands in all cases a bcuid, with securities, in a sum not less than li\o hundred thousand dollars, conditioned for the faithful observance of all the laws and reipiiremeiits of Coue;ress, and the re;rnlatioi!s id the Seiuetary of the T're.asnry touchin;v the lakini; of fur seals and the disposino of the same. ;ind for the payment of all taxes and dues aceniititi,' to the luiteil States connected therewith. Si:c. IDti.'i. No persons olher than Ameriraii eili/ens shall be iiermilted, by leas(^ or olhei wise, to occupy the islands of Saint, I'aul and S lint (Jeorj^e. or either of tluuii, for the ]>urpose of takin;^ the skins id' fur seals theiefrom, nor shall any foreij^ii v(^s- sels b(! eni;aj;ed in takiiii;- such skins ; and the Secretary of the Treasury shall vacate and deidare any lease forfeited if the same bc^ held or ojicrated for the use, betielit or advautaj;!', directly ov indirectly, of any persons other than American cilizeiiH. .< '. ! i (A 16 SEAL FISIIKUIES IN BERING SEA. « Sec. UMid. lOvcry least' sliall ('(intaiii fi cnvcimiif (»ii tlu' i>art (tf f lit' Ii'hscc that ho will not k«'(!p, Hfll, ruiiiisli, ^ivi; f tlitj^f islands to any of tlit- nativcH Iht'it'of, wncli iit-rsoii nt)t hi'in;; u ]iliy.sit'ian ami fiirnisliin;; tliii sainf* for nst; as nit'difint' ; and «vi!ry rovi'n.io ofllt;i!r, olliuially actin;^ as siwli tin fithiT tif thu islands, sliall si^izts anil destroy any distilled or Hitiritnoiiy liiinors fonnil thcrt'on ; liut sntdi oltiiMT .-iliall nuikts dctailetl roportrt of his tloin;;s in that niatliT tt> tlii) folli'ftor of tla-. jiort. Skc. li)l>7. lOvt'i'v person who kills any fur seal on eithiM' of those islands, or in the watcirs iiiljactiit therett), without anihnrity id' the lessees tlieretd", and evt;ry person who niok'sls, disturbs, or interferes with the lessees, or eitherof them, or theiraj;t»nts or i)mid>»y(;s, in the lawful pioseeution of their liusiness, under the ]U'ovision.s of this ehapter, shall for each olVenst* he punisheil as prt.'scriheil in section I'JIil ; and all ven- sels, their ta(d to IblJS, inclusive, shall bo forfeited to Iht' United States. Six. IIMIH. If any person or ronipany, under any lease herein anthorizetl, know- ini{ly kills, or permits to be killiMi, any number of seals exceeiling the numl'er for each islainl in this chaider prescribed, sneh person or company shall, in addition to the penalties and forfeitures herein provided, forfeit the whtdo nundier of thii skiuM of seals killi'd in that year, or, in case the same have been disposed of, then suclr i)er- son or company shall forfeit the value of the same. Sk.c. IDfiK. Jn additional to tlu- annual rental required to be reserved in every lease, as ]>rovide(l in section nineteen hiinilred and sixty-three, a revenue tax or duty of two dolliirs is laid upon each fur-seal skin taken ami shipped from the islands of Saint Paul and .Saint George diirinj;; the continuance of any lease, to be paid into the Treasury of the United States; and the Secretary of the Treasury is empowered to niakeall neeilfnl rejudations for the collection und payment of the same, and to secure the comfort, maintenance, education, and jirotectiou of llio natives of those islands, and also to carry into full elfect all the provisions of this chapter except as otherwise prescribed. Skc. 1970. The Secretary of the Treasury may torniinate any lease jjiven to any I)ersou, company, or corporation on full and satisfactory iiroof of the violation of any of the provisions of this chajiter or the re«j;ulations established by him. Skc. 1971. The lessees shall furnish to the .several masters of vessels employed by them certified coiiies of the lease lu'ld by them respectively, which shall he presented to the Government revenue otlicer for the time beiu'? who may be in charge at the islands as the authority of the party for laudinj? and takinjj skins. Si:c. IL'72. Congress may at any time hereafter alter, amend, or repeal sections from ninet(H'n hundred and sixty to nineteen huudreil and seventy-one, both inclu- sive, of this chapter. Skc. 1'J7:{. The Secretary of the Treasury is authorized to appoint one agent and three assistant agents, who shall be charged with the management of the seal iish- eries in Alaska, and the performance of such other duties as may be assigned to them by the Secretary of the Treasury. Skc. 1974. The agent shall wceive the sum of ten dollars each day, one assistant agent the sum of eight dollars each turiiiiig from Alaska, for which expiuises vouch- ers shall be lU'esented to the ])roper aeeounting ol'licers of the Treasury, and such exi)euses shall not exceed in the aggregate six hundred dollars each in any one year. .Skc. 11)7."). Such agents shall never bt; interested, ilirtM'tly or indiri^ctly, i:i any hiase of the right to take seals, nor in any proceeds or pitdits thereof, either as owner, agent, ])artiier, or otherwise. Skc. i;)7t>. Such agents are empowered to administer oaths in all cases relating to the service of the L'liited States, ami to lake testimony in Alaska for the use of the (iovernmeiit in any matter concerning the public revenues. No. 13. Sir L. S. Sackrillc Went to Mr. Bayard. Washington, July 8, 1887. (Keceived July 9.) Sir : With reference to your note of the 12th April, stiitinj>' that the reeords of the jiidicitil i)roceiMliii;.i;s in the ctuses of the Uriti-sh ve.ssels seized in thellering 8eii had been leeeived, I have the honor to inform SEAL 'SHEKIKS IN BKRINCJ SEA. 17 you that the .Marquis of .Salishiu'.v has instructed me to request you to be jxood enouj;h to furnish nu> with a copy of the same for the information of Her JMaJesty's Government. 1 have, etc., L. S. SArivvii-LE West. to lio lie lis III No. 1-4. iVr. liai/ard to Sir L, S. ^acla'Ule Wrst. Depakt31]:nt of State, Wanltingfoii, 'luiij 11, 18S7. SiK : Complyiu}} with the request (contained in your note of the. Sth instant, conveyed to me under tiie instructions of your (iovernment, I liave tlie lionor to inclose you two i)rinted copies of the Judicial pro- <.',eeiirict Court : The libel of information of M. I). ]5all, attorney for the T^nited States for the dis- trict of Alaska, who j)rosecntes on belialf of said United States, and beinj^ jiresent liere in conrt in his proiter jierson, in the name and on behalf of the said United .States, afi;ainst the sehooner CaroUnn, her tackle, ai)])arel, boats, earj^o, and furni- ture and aj-ainst all ja'rson.s inttM-veniuf^ for their nittuest therein, in a cause of for- feiture, alli'jjes and informs as follows : Tiiat Ciiarles A. Abbey, an ollieer in the Revenue Marino Service of the United States, and on special duty in the waters of the JMstrict of Alaska, heretofore, to wit, on tlie lirst day of Auj^ust, !>■.-(), within the limits of Alaska 'territory iind in the wateis thereof, and within tlui civil and Judicial distiiet of Alaska, to wit in the wateis of that jiorlion of l}erint;'s Sea lielonjiinj^ to said district, on waters uavi;^a- bhi from the sea by vessels of ten or more tons burden, seized the ship or vessel com- monly calli'd asidiooner, the Cdco/caa, her tackle, iiii))arel, boats, cari^o. and furniture, beiu};- the ])roperty of souu^ ]ierHou or p(U'sons to said attorney unknown, as forfeited to the ns(! of tiie U^nited Statea, for the following; causes : That the said vessel was found enj^ajied in killing fur seal within the limits of Alaska Territory and in the waters thereof in violatiini of section 11)50 of the Re- viseil Statutes of the United States. X\\{\ the said attorney saith that all and singular the prennses are and were true .and within the admiralty and nuu'itime jurisdiction of this court, and that by rca- Bon thereof, aud by force of the statutes of the United States in sncli eases nuido and provided, the aforementioned aud described schooner or vessel, being a vessel of over S. Ex. 100 2 ^ ' ill 18 SEA I, FISHhUlES IN HKUING SEA. twoiity tons iMiidcn, licr tnclxW', aiiiiarcl, lionts, car^to, iiiul l'iirniliirt>, lircaine and are forfcitcid to tlin list', (if till! Naid Tiiited Stales, and tlial said si'lntonor is now witliin tlM< district alort'.said. W'lifi'cl'oif tilt' said attorney jirays that tlip usual jirocess and monition of this hon- oralilf <;oii!'i issue in this heiiall, and that all ]iei'sonH iiitereste'o/(»a,lier tackle, apjiartd, boats, cargo, uiid furniture, to detain tluj same in yourcuslody until tlit! fur- ther order of the court resjieciing the samt^, and to give notice to all jiersons (daini- iiig the same, or knowing or having anything to say why the same should not be con- ilemned and sold luirsuant to the prayer of the said lib(>l of information, that they be and appear before the said court to bo held in and for the district of Alaska, on tlie4th day of October, lS8t), at 10 o'clock in the forenoon of tlio same day, if the same shall be a day of jurisdiction, otherwise on the next day of jurisdiction thtireafter, then and there to interpose a claim for the same and to make tlieir allegations in that be- half. And what you shall have done in the premises do you then and there make return theriHit together with this writ. Witness the honoi-able Lafayette Dawson, judge of said court, and the seal thereof a'.'lixed at the city of Sitka in the district of Alaska, this'JHth day of August, in theyear of our Lord one tluuisand eight hundreil and eighty-six and of the Independence of the United Slates the one huudrt'd and eleventh. [SF.AI.. J AN'DHFW T. Lkwis, Cli'ik. On tlio Otli diiy oC Soi)toniber, ISSG, was filotl the following aflulavit: it IN TIIK rNITF.I> STATKS DISTHICT COUIiT IX AND FOK L'NITKI) STATKS OF AMKIiU'A. THE DISTRICT OF ALASKA. The Unitid >SfaUs of America vs. The Schooner Ccroleiia. United States of America, l>iiy, being duly sworn, deposes and says: That he is, and at all times herein inentioned was, a captain in the United States Revenue Marine, and in command of the L'nited States revenue cutter Conriit. ThatatHant and the following-named olticer., and men of said Corivin ai'e material and necessary witnesses for the United States in the above-entitled action, to wit : J. C. Cantwell, lieutenant; Thos. Singleton, seaman; ,J. L^ Rhodes, lieutenant; T. Lorensen, seaman; and .1. IT. Douglass, pilot. That owing to scarcity of provisions and fuel upon said Corwin, the said Corwin and deponent and said witnesses will be obliged to and are about to go to sea within live days, and out of the district in which the said case is to be tried, and to a greater S^j:AL FISHERIKS IN BKUIXG SEA. 19 diHtance tliaii tnic luiiidiod mileH from the jtliico of trial of saitl action hefoir tlio time ofNnid trial. That llicro i.s iir;;ciit iiocoHNity for tiikinir the (It'iio.sitioiiHot'al'liant and .said witnCMHCH fortliwitli. That James lUako was the mate of (sait'o. r>l; nvhooncr Oi.wuid, vunv J^o. 4li; xchooiiir ^tiii iJiKjo^vanf JSo.Wi. In the ahnve-entitlod actions urj^ent noccssity and fj;oo(l cau.w aitpcarinn therefor from the ailidavits of C. A. Ahhey, now, o!i motion of M. 1). Hall, United States dis- trict attorney for Alaska, and counsel for the United States herein, it is ordered that the (U'liositions of the Avitnesses C A. Abbey, J. \V. llowison, .J. ('. Cantwell, J. U. lihoileH, .1. II. Donjrjass, C. T. \Vinslow, Albert Leaf, (.'. AVilhelm, Thos. Sini^leton, and T. I.,orenHen be taken before the clerk of the said osition8 to be continued by said (derk, from time to time until comi)lete(l. That notice of the time and ])lac(^ of taking said deposi- tions bo served by the marshal of said district on Hans (inttornisen, .lames IJlake, Daniel Mnnroe, and Charles E. IJaynor, and ni)on W. Clark, cstj., attorney-at-law, on or before Septend)cr 7th .'it 12 m., and that such shall bo due and sullicient and rea- sonable notice of tho taking of said dejxisitions. Done in open court this (ith day of September, 18fiG. Now at this time W. Clark, esq., being present iu court, waives service of notice. On the 7th day of Se])tember, 188G, was tiled the following notice and return thereof: it \\\\. Ites [ial lit: It. lin ker l.\ TIIK irxriKD STATES DI8THICT COURT IN AND FOR THK DI.STRCT nv ALASKA, UNITKD STATKS OF AMKHICA. The United States vs. The achooncr CaroJena. To James IHake greeting: You are notified that by order of Ijafayet to Dawson, jtulgo of said district court, that the depositions of C. A. Aldicy, J. C. Cantwell, J. U. Ehodes, and J. 11. Douglass will be taken before the clerk ositions will be continued liy said clerk from time to time until complet<'(l. Dated September 7th, l)?8t). An1)1;k\\ T. Lkwis, Citric. Unitkd Statks ok A.merica, Dinlrict of AhtsKa, .s.s; This is to certify that on the 7th day of September, 1881"). before 12 o'clock noon of that day, 1 served the annexed notice on the Avitliin-named James ]51ak<>, at Sitka, district of Alaska, by then anf being present at the taking of said depositions. Dated September ilth, 1880. i'.ARTOx Atkins, r. .S. Marshal. On the 9th day of September, 1S8G, were filed the following deposi- tions : IN THE VNITED STATES DISTRICT COURT IK AND I'OU THE DISTRICT OK ALASKA, UNITED STATES OF AMERICA. The United States of America vs. Tlte schooner Carolena. Xo. 51. Deposition of witnesses sworn and examined before me on the 7th day of September- A. D. 1886, ac7 o'clock p. m. of said day, and ou September 8th and 9th, 1886, there, after, at the clerk's ofiBce of said court in Sitka, district of Alaska, United States of 20 si:al fisiieuiks i\ hkuing ska. AiiM'iicii, 1>\ virl lie and in piirsnuiicf of tin' order of said CDnil, made mid entered in tlio ali()ve-ei)t itled iictinndn SeplenilxT (illi, Ir^.""*!. direel in;; tlial tiie testinmny ami (Icpositions of Ha id wit in-sseN lie taiid(teeded to limit ii[i her boats, all four of which I found with freshly-killed I'lir se.il in them, ariiiH, ammunition, and hunters, some of whom 1 saw shooiinnat the seal in the water. Tliesti boats all went on board tlu^ Corientenant John C. Cantwell, being dnly sworn, deiioKcs and .says: Q. Stato yoiu" name, occupation, and ago? — A. Jolin C. Cantwell, third lionten- aiit, II. S. iiarine Service, at iire.sont on duty on the I'. S. IJoveime steamer Convhi, and over the age of t went.^ -one years ((». Were yon so on the 1st day of August last ?— A. I was. (}. State wh;it occurred on thatilay in the line of yonr duty. — A. A schooner was niglitcd from I he Vdnriii and I was directed by Capt. Abbey to board her. 1 found her to be the schooin'r Trt/o/i »«, of Victoria, 1?. C, .lames Ogil vie, captain, and, Tames HIake, mate. 1 saw dead seal upon her deck, and thiM'aptain admitted that he was engageil in taking seal, and t hat four of the schooner's boats weri! iit the time absent from the vessel engaged in killing seals. I signaled this fa(;t to C.-ipt. Ablx^y and be di- rected me to Hci/.e the vessel, which 1 did, and the Corwiit took ii,s in tow. Q. Do yon recognize these }»ai)»M-s ;' — A. 1 do. This ])aper marked (Ex. I) is the certificate of registry of the schooner Carohua, of Mctoria. 15. C. ( HaUl certijicittc in dalfd March 'iint, 1870, (ind rcinrxciits mid siliooiicr as of'.),ldi) toiin hiirdiii, and owned b;/ Fraiiiin Armstronf/, at I'icloria, Ji. C.) Thi.s ]ia])er marked (Ex. .J)isthei bill of health of said schooner. (Said hill of Iicallh in dated at rictoiia, Ji. ('.. May Idth, 18H(i, and rcprcKcntH naid schooner I'arolennan then readij to depart for Behrina Se<( and Okliotxk Sea and other jj/^cc.f beijoitd the. sea, with ./antes Oi/ilrie, master, and eleren persons, in- clndinff said master.) This ]iai)er marked (Ex. K) i.s the coasting lii-imse of said Bchooner. (ISaid license is in the nsual form, to James Oijilrie, master of the schooner Carolenn, dated at I'ietoria, JI. C, J''eh. UUh, ISHti, and in tcrnis crpires on the '.'Mth day of .Inne, IHHti. ) This pajier marked (Ex.L) is the clearance of said schooner. {Said clearance is for said schooner as of ',i,VJO tons, navigated with eleren men, James ; SEAL FISHERIES IN BEKINO SEA. 21 Oijilrir, iintHttr, hiniud for I'acijic Ocidn, Hrhrhig Sr(i,aii(l Okhotsk /Sen, on ti I'mhin;/ untl liuntitifi rojuuif, atiil is dntid at V'ulor'ni, li. ( ., Mmj V^th, li-Ti.) All of which piiiuTH wero i'ouiid ou huiird tlio Varolvna at tlm timo ol" Ht-i/uio and takt'ii iioMHOH.sioii ol' by me. (^. Stato liow many nioa the Carolciia had on hoard as crew whon HtMZod. — A. TliirtctMi Of fonrtocii. (}. Stato wht'tlipr tli'm is a ronsonahlo nunihfr of men for ordinary purpo.scH of coin- nit^rco and inivi;jation. — A It in an nnnsnally lar;ii' nnmhcr lor that inir[>o,st) on a vch- Kcl of that size. JiiIlN (,'. Caxtwkt.i,, ■Ad Licit, r. .S. A*. J/. Suhsi-riliod and sworn to hefon^ nn> this tttli day of Soptomht'i', A. ]). lr?H(), after iniv- in;; been read over by me to (h)i)onent. [SKAL, J AN1>I!KW 'I'. LkWIS, Clifk I'. S. Dint, toint. John I'. KhodrH, IicIdj; duly .sworn, dcposcr.s and says: <.). State yonr name, aj^i'.and occnpation. — A, John l'. Kliodes, Lient. U. S. Reve- nue Marine, and at present on duty on the IJ. S. revenue ste.'iiner Conriii, and over the ai;e of 'Jl years. ({. .State whiit arms and atnmnnition were seized on the scliooner Viirolcnn at the time of lier Mcizure.— A. 4 rilles, 1 musket,.') shutjjnns, 171 shotj^uu eartriilj^es, H;'):? rifle eartriays buck-shot, ^ baj; of bullets, -lO ba^sol' wads, "il boxes wads, i;? boxes jiriniers, li boxes of caps, '.11 lbs. pow(lt>r. (j. Were there any nautical instruments seized on the ('(irolaia excejit wliat is in- rliidcd in the jjeneral inventory? — A. 1 octant, 1 (luadrant. (,). What has becoiue of lliis property .' — A. It has all been deliveicd to tlie U. S, Marshal at Sitka, and is now in his custody. ■ FolIX ir. K'IKIDKS. h th clay of Sipteinlier, A. 1>. l."'.->t'i, after having' been read over by nie to dejtnnent. A\i)i!i:\v T. T.i'Wis, fSEAI..] Clerk l\ S. /j;.s/. Court. .J. II. Douglass being duly sworn deijoscsand says: i^. State your name, age, and oecniiatiou. — A. ,1. II. Douglass; am over tlu' age of '21 years : am a pilot in t lie revenue-marine service, of the l'. S., and liave been so for 7 years last past. I am now, and on tlu' first of August, l^^t!, was, jiilot on the reve- nue steamer ( oruin. Q. .state what expi'rience you have had in the fur-sealing bnsinessand yourknowl- edg(,> of the habits of the fur-seal. — A. I have l)cen cruising for luorethan 1.') years oti and on in Alaskan waters always as an otli(!cr or pilot and have visited the I'riliy- iolf Islands, .St. Paul and St. (Jeorgc, several hnndicd times and am perfectly familiar with the sealing business as conducted on those islamls and understand the migrat- ing habits of the fur-seal. From about tlie 1st of .May to about the 1st of .Inly of (!acli year the fur-seal is migraling north through the I'nimak and Akiitan passes to these islands for breeding ))nrposes. They go to no other place in the known world excejit these islands and Copper Islands for breeding piir]i(ises. After lireeding season of about .a mouth they begin to migrate south, and until into rsovemberof each year .are migrating south through Hehring .Sea. During this s(^ason from May till November the fur seal are plenty in the waters adjacicnt to tlu^ I'riliylolf Islands, and are migrating to and from these islands and are at all times very plenty between IJniinak pass and said islands in a track about ;iO nnles wide which seems to be their highway to and from said islands. The schooner (kiroleini and 1 (!r boats when seized were directly iu this tract. I was present at time of seizure. .1. II. DOUGI.A.S.S. Subsci'ibed and sworn to before nie this Hth day of Sept(Mnber, A. D. l.^'r^tl, after having been read over by me to deponent. [seat,.] ' A>\i)i!i:\v T. Lkwis, Clak L. .■S. Dist. Court. Thomas Singleton, being duly swoi'u, deposes and says: Q. Stat»^ your name, age, and occnpation. — A. Thomas .Singleton ; .'im over the age of 21 years; and am a seaman. Was t niployed on the steamer Corwin on the 1st day of Augu.st, ISriO, when the Carolina was seized. 1 was scut on board tlie Carolena SEAL riSHERIES IX nERINf} SEA. It' 22 ri^lit al'ti'i' till' sci/Mii', iiixl sinv a nuinlit'r of dcid fur si-iil on dcik iii d .soiiio of tliiiii liail I'lir (Ml tliriii. Saw also .soiiu^ tVosh fiir-H«'al Hkiii.s in tlii> ItoatH. Thomas Six(1I,kt«)\. KiiliMcrilM'd and swnin (n licfoio nic tliis ■'lli day i>t" Siptciiilier, IHr^li, after luiviiiji licfii ri-ail over liy me lo dc|i<>ii*-iit. L.sKAi,.] Andhkw T. Lkwis, Clirl: ('. S. Dint, ((iiirl. IN TIIK L'NHi:i> SIAl'KS I)I>THI(T Cnl'ltT IV AND I'olt TIIK DISTliU I' »)1' ALASKA, I'MIKK SIATIOH OF AMI.IUt'A. The Uiiitnl iStalcH vs. The xvhooiicr Carolina. So. 'il. Whcn-as (Ml tin' (itli da.\ of Dcccnilicr, IHHd, tlio naid district court di;ly made and entci'i'd iu tlic jonriial ol' said cunil an ordrr in tlix alxivc-rnt it li>d acliitn, ilirrctin;;' that tli(' K'NliniiHiy and dc|n)silinn.s of tini wilncssrs, ('. A. A 1)1 icy, .1. (J. Cant well, J. V , ]iliodcs, ,J. II. l)oiij;lass, and 'I'lioinas Sinnlclon, lie taUi-n licl'orc nic, tiic (dcik ot'said court, at the, time or tiincs and place and iiiion siudi lutlices as arc .specilied in said order: «.\(liilliiii( *f\ liriv Mil , 4111,1 L 1111 II ,111,1 ,11, I< I, each of said witnesses, and reduced tiiesainc m ^iiiiiin ui ms | tiu're rciid tlie saniii over to liiin; and he tlieii and there, after the same iiad hi'cn so rcdn(.'C(l to writiii;^' and read over to him, siihscrilied the same in my prcscnee, ami swore to tilt! trntli thereof. In witness wliereof I liavc lu'rcnnio set my h.ind and the seal of sai'd district court tliislHli davof .Seiitcmiier,- l-rtii [.si.:Ar..] ' CU AniiI!i;\v T. I-K\vis, Ui-k (if the V. S. Dixti'ict Coiirl iii staths i>isri{i('T cofiiT iv and kok thi-: disthkt ok ai.asica, L'NIT!:i) STATl'.S Ol' AMKHICA. AUGIST SI'KCIAL TKlt.M, ISsti. To tlic honorable Lai'ayktti; Dawson, Judijc of said diHtricI coitrf: The, amemU'd lihel of information of M. D. liail, attorney for tli« United 8tat(?s for the district of Alaska, who piosccuteson liehalf sli(>(;;iiiis, ami uiiiiimnition (or siiiiic, ninl all otlicr l>ro|ii'r;y loiinil ii|i()n or n|i|Hirlt>iiant to saiil scIiooid'I'. 'I'iiat saiil ('. A.AIdii'y was tlii«ii and tlu-ituliily roitnnisNioiicil anil aiillioii/cd liytlii- proiMU' do|iai'tni(roni;ht into the port of Onnalaska, in said Territoiy, and delivered inio the keepin;; (d' Isaac Amler- s(ni, a deinity I '. S. maiHlial of this district, with the cxceid ion of the said aims and arnninnition, whicdi latter weio hvon^ht into the port of Sitkii. in s.aid disl rii'l, iiml tnrned over Id the I'. S. marshal of this district, and all of said projierty is now within the jndicial district of Alaska, railed Slates of America. Ami the said .M. 1). liall. attorney ;is aforesaid, further informs and alle;^es : That on the 1st, day of Ani;nst, Hsii, .lames lilake ami (certain other pcisons whose names are to said II. .S, attorney nnkm)wn, who were then and there en;;aj;ee vised Statntos of the United Slates, in sncdi eases made and provided. That I he siiid df^.') fnrseal skins, I'J jnip-scal skins, and I haii'-scal sUin, and other <;()()ds so sei/.e(l on hoard erty be ailjmljj;e(l, decreed, and c(mdenined .ns forfeited to t'lo use (d" the United States, ami for such other rtdiid' as mav bi^ [U'ojier in the premises. ^u 1). r.Ai.i,, U. S. Dist. .Itlonicij for the Dhhiit of .(/((d-i/. Dated September \>Oth, ISHII. On the .sauie day wa.s fik'd the folh)\viiis" chiiin by i)roctor for owiior.s. '**' ■v,' '"^^ i.\ TlIK lNITi:i) STATKS DISTKICT COl'KT I'Olt MIIIAI.TY. TlIK DlSTlilCr Ol'' ALASKA. I.\ AD- In the matter of the libel of hiformafioii atjninHtlhe nrhooncr t'uroleua, lier tackle, apparel, fiirnitnre, and carijo. Claim hij proetor for oivners. And now W. Clark, the duly authorized proctor for Mnnzie & Co., owners of tho property above named, int(.'rv«Miinr ta(darel, furniture, and caryo, as the same are si^t forth in the infor- mation tiled herein in behalf of the I'nifed States. Anil now cune Munzie iX: C<>., elainiants as aforesaid, and for answer to sai>' infor- niiition a^iiinst he said sciioo-u-r Carolena. her tackle, ajiparcl, and carj^o as set u/rth in said information say that tlie said tackle, ai)iiarel, and carfjo as set forth in the in- fornnttion mentioned, did not nor did any i>art tliei'eid' become forfeited in manner and form iis in said informal H)n in that belialf aliened, or at all. Wherefore, tin; said elainiants pi'ay that said iiiiorniation be dismisstMl with costs to these claimants attached. v. Cl.AIIK 4.V D. A. DiXC.T.KV, J'roclors Jor Claimants. On the Ul'd (hiy of September, ISSG, were tiled the following exccp tions to answer: fXITlU:) .STATES DISTKH T CiH UT, DISTRICT ()!<' ALASKA, UNITKI) STATUS OK AMERICA. I'nllid Stales vf. The Schooner Carolena. Xn. ')!, Tiio said liix'Hant hereb;, excepts to tlie siilticiency of tla^ defendants' answer herein, on the following; jfrounds : 1st. .Said answer is not pro]perly or at all verilicd, as rcrinired by Knle 27 of the U. S. ATo for amended answer to the libel of information herein against said schooner, her tackle, apparel, furniture, and carjjo, alicKes an follows : 1st. That he denies each and every material allegation in said libel of information contained. 2ml, Denies that the said schooner Carohiia, her tackle, api)6 of the Revised Statutes of tho United States, as set forth in said libel of information or at all. 4th. Denies that they killed any number of fur seal or other fur-bcnring animals within the waters of Alaslja or within said Territory of Alaska or in pait thereof. Tith. That all and singular tlie ])remises herein st^t forth are true. Wherefore he prays that this honoralfle court will be pleased to jtronounct^ agai'.ist the libel heroin and tl'.at the same may be dismissed with costs to these claim- ants to be tax(Hl. AV. Ci.Ainc AND D. A. DixciM'.Y. J'roctorn for L'laimantn. Umtei) Statks, Dhlrict of A]ask;itli, says: I mil tilt' iiiiite of said seiiooiicr inter veiling lor tiie w it ii in-named claimants. Tiiat I have read the foregoing answer and know tlini:\v T. Lkwis, Chrk of the ('. S. Di.-il. Couyl fur the J)ixlrict of Jlank(i. Oil tli(3 4tli (lay of Octobor, 18S(!, tlit' following' lotiirn was made to the monition heretofore cited, ])aj:'e ."» : Sitka, JUxtrict of Ald.sL-a, n.s. lie it reineinbcred that, in "bedience to the aiinexcil iinniirioii, 1 li.ivc at' '"lied the witiiiii-dcscrilied property anil ii(;W liold l lie same in my jiosncssioii subject to the (irder ot this honorable court. And I have niveii due notice to all iiersons claiming said projicrty to be and aii))ear belori! this district court on the 4th d;iy of October, ]i;H(i, at 10 o'clock a. in., if the same shall be a day of jurisdiction, otherwisi! on the next day of jnrisdii'l ion tlit're- after, then and there to make their (^laini and allegations in that behalf. And 1 have, as ordered by the said court, caused said notice to be |inl>lislicd, and the same has been imlilislicd in tin; Al;iskan. a iiewsjiaper jiulilished at Sitka, in said district, on I iie 4th li.iy of Septi'inber. |.''S(i. and in each issue of said newspaper .snbseiiiicnt thereto, until .siiil tth day of Oitobcr, lS"^i;. Haimox Atkins, ^far.'^ll(tl l)hl of JIdska. Sitka, Alaska, October ^Ih, HHC. ♦ '.■ i/ On the same day w.is lixed the t'oHowinu' d»'(;rt'e : I IN Tin: CXITKI) STATI;S DISTIUCI < orilT in and lOIi TIIIO D1ST1!I(T of ALASKA, CNITKU STATKS OI' AMKKICA. i'liilcd Sillies vs. Tin; S-'lidoiwr " Curohnii/' Xo. ^>\. ■ The marshal having returned on the monition issued to liiiii in the above-entitled action that in obedience thereto In^ has attaeluMl the said schooner Ciiroliiia, her tackle, apparel, lioats, cargo, and fiirnitui'e, and has given due notice to all persons claiming tho samo to ajipear before this emirt on this 4th day id" Oetobisr, Irtdd, at 10 o'clock a. 111., at the District of Alaska, United States of America, then and there to iiuei,,()se their claims and make their allegations in that behalf; and W. Clark, est)., proctor for Muiizie &, Co., of Victoria, 15. C., having heretofore tiled a claim to all of saivl property, on behalf of said Mimzie &. Co., the owners of said jiroperty, and no other persons having appeared and no claims or allegations having been made or tiled herein by any other person or persons, and the usual inoelamations having been .1 «' • , f ; 26 SEAL FLSHERIES IN BERING SEA. made, and Haid cause having been heard ujion the pleadinf^s and proofw, M. D. Ball, eHQ., and W. II. I'ayKon, e.s(i., appearinj^ aHadvoeatcis tor .said liht'llan*^, and \V. Clark, esq., a.s advocate for naid claimants; and said (uiiiso having been snbniittcd to the conrt tor deciHJon, and dnedidiberatiou being had iu the premises, it is now ordered, sentenced, and decreed as follows: Lst. That all ])ersons whatsoever other than said claimants bo and they are hereliy declared in contnniacy and default. 2d. That saic' schooner Carolena, her tackle, apparel, boats, and furniture, and her cargo of (ib;') fur-seal skins, Vi jmp-seal skins, and 1 hair-seal skin, and all other ])roii- <'rty i'ound ui)on or appurtenant to said schooner, be and the same are hereby con- demned as forfeited to the use of the United States. :!nl. That uidessan ai)peal h(^ taken to this decree within the time limited ami i>re- H('ril>ed by law and the rultis of court, the usual writ of reiiditioui cxjioikis be issued to th(5 marshal comnianding liim to sell all the saiil propcM'ty and luing the ]ii(ici!eds into this court to be distributed according to law. Costs, to be faxed, are av^■arded against said claimants. Lai A VKTTK 1 )a V, sox, J)i8trict Jiidqi'. Dated October 4th, If^s;. Done in o])en court this Itli day of October, IHSli, at Sitkii, District of Ala-'.v,;, United .States of America. Andukw T. Lf.wis, bhi th sh sc ti Wl ne nic e iiiiiilf at Port TowiisoikI, in the, district of Wasirmiitoii Territory, and as to the 8t'al skins, jiart of tlic carfidcs ol said m sscls atlaclitd, lliat sale ()ttli(> same shall 1)0 fiiado at San Fianoisco, in tho Dis'rict of Calilornia, and that salo of said schooner San l>iri{i".\v T. ]>i;wis. ( 7cr/,-. ItiiclKsui-i' "J.] 'fniihicrijil of record in Ihr cane of tiic Hclioaiu r (hiirard. The L'nited States, libellant, r.v. The rehooiier (hnronJ, her t.n-kle, A.e. On iibel of iii- lormation for being engaged in the business of killing I'lirseal in Alaska waters. Oil tlie L*Stli daj' of Ano-nst, ISSO, Avas lilcd tlit' i'ollowiiio- lilid of iii- i'ormation : I.\ Till', IiISTIMCT COL'ItT OI' Till': UMTKI) STATKS I'dll IIIK DISTKM T OF ALASKA. Al.'(iL'.ST Sl'KCIAI. TKIt.M, l3-(i. To the honorable LArAYHTTK Dawsov, Jn<\L 1). Hall, attorney for tlie l'nited States for the dis- trict of Alaska, who prosecutes on behalf of tlu^ said I'liiied States, against the echooner (hnrard, her tackle, ainiarel, boats, cargo, and fninitiire. and against all jiersons intervening for their interest therein, in a cause of I'orfeiture, alleges and in- forms as follows : That Charh^s A. Abbey, an otlieer in the Kevenne Marine Service of tho United States, and on sjiecial duly in thi^ waters of the District ( f Alaska, heretofore, to wit, on tht^ second day of August, le'.'^t), within the limits of Alaska Territoi'y and in the waters thereof, and within the civil aiidjiidicial district (d' Alaska, to wit, within the waters of that portion of Hidiriiig's Sea beloiigiiigj'o said district, on waters navigable from the sea by vessids of ten or more tons burden, seized the ship or vessel comiinMily ealled a schooner, the Onward, her ta(dile. jipparel, boats, cargo, ami fiirniluri', lieing tho itro]terty of some jierson or persons unknown to said attorney, as forfeited to the United States for the following causes : That thi^ said vessel or schooin r was found engaged in killing fur seal within the limits of Alaska Territory and in the wateis thereof, ni violalimi of section I'J.'d) of tiie ]{evi.sed Statutes of the llnitod States. And the said attorney saith that all and singular the ]»iemiseH art- and were true and n-ithin the. admiralty and maritime Jurisditjtion of this court; and that liy rea- son thereof, and by force of thci statute of the United States in such eas(( made ami provided, the aforementioned and described schooner or \ess(d, beluga vessel of over twenty tons burden, her tackle, apjiarel, boats, cargo, and furniture, l»eeaiue and are forfeited to the use of tiie said United States, anil that H.iid schooner is now williiii the district aforesaid. Wherefore the said iittornoy prays that the usual proceHS and inonitinn of this honor- able conrt issue in this belialf, and Miat all persons intertisted in tho liefore-mentioned Hcbooiier or vessel may be cited in general and special to answer the ])reinisos, and tliatall duo iiroeeedings being had, that the said schooner or v<>ssel, her tackle, api)arel, boats, cargo, and furniture, may for the cause aforesaid, and others ap[»eariiig, be con- 28 SEAL FISHERIES IN BERING SEA. (leiiiiieil by tho detiiiite sentence and decree of this honorable conrt as lorfeited to the use of said United States, according to the form of the statute of the said United States in such case made and i)rovided. M, D. Ball, U. S. Dhtrlct Attorney for the iJintrict of Alaska. Whereupon forthwith issued the iollowiug monition : DiSTHurr of Alaska, sct: Tlic President of tho United States of America to the marshal of tlie district of Alaska, j;reetin}r : Whereas a libel of information hath been filed in tho district court of the United States for the district of Alaska, on the 28th day of Aujjust.in the year lrt86, by M. D, 15all, United States attorney for the district aforesaid, on behalf of the United States of America, against the schooner Onward, her tackle, apparel, boats, carj^o, and fur- niture, as forfeited to the use of the United States for the reasons and causes in tho said lil)el of infornuiti'Mi mentioned, and i)raying that the usual process and monition of the said court in uhat behalf be made, and that all i^hmsous interested in the said schooner Onward, her tackle, a]»parei, boats, cargo, and furniture, etc., may be cited in general and special to answer the premises and all ])roceedin;.'s being had, that the said schooner 0»i(vn'(/, her tackle, apitarel, boats, cargo, and furniture may for the causes in the said libel of information mentioned be comlemned as forfeited tothenso of tlu) Unilfd States. Vou are therefore iHU'ebyeoniuianded to athjeli the said S(;hooner Onward, her tackle, apparel, lioats, cargo, aiid furniture, to (letaiu tlie same in your custody until the further order of the court respecting the siitiie, and to give notice to all jicrsons claim- ing the same, or knowing oi' having anytliing to say why t lii^ snuu! should not be con- demned and sold pursuant to the prayi^r o!" the said liix'l of int'nniiation, that they bo and a])iti'ar before the said court to bo ludci in and for the district of Alaska, on the 4th day of October, IHnti, at 10 o'clock in the forenoon of the same TOl! C.MTKI) STATi;.'^ Ul' AMKHR'A. TIIK DISiniCT III' ALASKA, The i'niUdStatcifol.lmcrh'ays. J'lic Schooner Onward. Umtku ST.\ri;s oi' Amkkua, District of Alaxka, n.s : C. A. Abbey, being duly sworn, deitoses and says : That he is, and at all tiuu's herein menlioiu'd was, a captain in the United .States Keveime Marine, and in coinmanil of tin; United States reviuiue-eutter t'orwin. Tliat at'liant and the I'oilowing-nauied oi'ticers and men of said Corwin are nmterial and necessary witnesses for the United St.'ites in the aiiove-cuititled action, to wit: J. W. Iliiwisou, lieutenant; (!. F. Winslow, boatsivaiu; Albert Leaf, seaman; J. C. Caiitwell, li(>ntemint; .1. II. Douglass, pilot, ami ,J. U. Khoiles, lieutenant. That owing to scarcity of provisions and fuel ujion said cutter Corn-in, the said Cor- w'n and deipouent and said witnesses will be obliged to, and are al>out to, go to sea within live days, and out of thf> district in which the said ease is to be tried, and to a gre.'iti'r distanc<', than one hundred miles from tho place of trial of said action be- foie the time of said trial. That the;e is uigent necessity lor taking the depositions of alliant and said wit- nesses forthwith. That Daniel Monroe^ was master and in possession of the said schooner Onward at the time of seizure thereof. C. A. Abbey. Subscribed and sworn to before nu' this 6th day of September, lf->^i). AxDKKW T. Lewis, Clerk. f?EAL FISHERIES IN liEFING SEA. 29 Uu the same day was entered the followii'g- order: In thr matlry of the United Stalin va. ScliooiHr Thornton, Caxr No. "id; SihoonerCurolrna, Case Xo. ;'>! ; ^Schooner Onward, i.'ani: Xo. -Ht ; Schooner San IHiyo, Case Xo. iVJ. Ill the altovo entitled actions tirj^ent noccsaity and j^ood ranse a])i)earinj; therefor from tlie atlidavits of L". A. Ahhey, now on motion of M. D. Hall, t'liited States dis- trict attorney for Aiaslia and eonn.sci for tlie I'nited States lierein, it iw ordered tjiat t lie (h'positions of the, witnesses C" A. Abbey, ,J. \V. llowison, J. C ('jiiitwell, J. I', liliodes, J. H. Doiijrlass, C. 'J\ VVinslow, Albert l^eaf, ('. Willieini, 'I'lios. Sin;;letoii, and T. Loreii.sen be taken before the clerk of the said district court on Tuesday the 7th day of September, iHHti, at 7 o'clock ]>. in., or as soon thereafter as the matter can be reacliiMl,at the oflice of sai DISI'RICT (■()ti;i, IX AND lOl! TlIK INITKI) STaTIvS (IK AMKICK A. DlSTl.'ICr OK ALASKA, The I'nitcd States of Jnier:c)7, . Dated. Scptendjcr 7th, 1H80. Unitki) Statks of Amkkica, District of Ataska, us : This is to certify that on the 7tli day of September, l^iSf!, before l"i o'clock noon of that day, I served the .anmixed notice on llie within-named Dani(d Monroe, at Sitka. District of Alaska, by then and there jiersonally deliverini^ to said Daiiitd Monroe a copy of said notice. Anil tlu^n and tiiore jiave him the privilege of beinj; present at the takiiij;' oi' said deiiositions. Baktox Atkixs, U. S. Marshal. Dated Seiitcmber Hth, IS-^O. On tlie 10th day of Sei)tenil)er, 18S(J, were filed the following' depo.si- tion.s: IX THE fMTKD statks DI.STUICT COTTltT IX AXI) KOR TIIK UXITKI) STATKS OF AMKltU'A. I) I ST I! I CT OK ALASKA, rnit(d States vs. 'I'he Schooner Onward. Xo. V.K ■•,iV 30 SEAL FISHERIES IN BERING SEA. til! United Stiiti'N jiH iilfiintitl' and the Hclinoncr Odicarrf as d^A'ndiint, on behalf of and at tho iiistiuiei) of tin- said iiiaintiff, 'J'lie I'nited States and npon notice of .he time ani(l tills occur within the waters of the sea navigable for vessels of (10) ten tons burden oi' over? — A. 1*^ did. C. A. AUIJEY. I s4 h 11 Subscribed and sworn to before mo this !)tli day of September. A. I). 1S8(5, after having been read over by nie to deponent. AxnuKW T. Lewi.s, Clerk U. tS. Dht, Court. .1. W^. Ilowison being duly swmii deposes and says: C^. State your name, age and occupation. — A. J. W. Ilowison, am over 21 years of age, 1st lieutenant in the U. S. revenue service and executive ollicer on the U. S. revenue steamer Corivin and was such on the 2d of August of thisycar. Q. State what haitpeneel on August 2iid, IBrti, in the line of your duty. — A. Between 4 and (5 a. m. I spoke the schooner Utnvard of Victoria, 15. C, and asked if they wcire catching seal in Behring Sea and they answered yes. I reporte^ north, and Long. 107- 4U' west; that is, about 11y nic to ilei)()nent. AxDHKW T. Lewis, Clvrk r. .S. J)ist. Court. .John I.'. Rhodes, liein;; dnly sworn, dejjoses and says: Q. HtiiU' yonr name, aj^e, and ooeniiation. — A. .Tohn I'. Rhodes. 1 am over tho. C, April I'Jth, IH.SU.) Q. AVhat arms ami ammnnition if any did yon lind aboard the schooner Onward at The time of her seiznre ? — A. \'2 gnns, 1 keg powder partly tillcS(;. (). Stat(> what occurred on the last mentioned day. — A. At about ."> or (> a. m. I was ordered by Lieut. Iit>wi8(in to go o\i board the schooner Onward, which he had seized, and I (lid so. Q. \\'hat did you see on boai'd, if anything / — A. About amidships on deck I saw 20 or ;iO dead fur seal that had not been skinned, and some of them were bleeding. 'J'here were nint? canoes on board with bloody water in them and with s])ears and onttit suitable for seal killing. Capt. Jlonroe, of tl:e Onward, then told me he had caught '2,') fur seal the day before the seizure and 1*2.") the day before that. This was in an- swer to my statemem that the Carolenu had 7.") seal in her boats. Chahlks T. Wixslow. Subscribed and sv^orii to before me this 8th day of Septeinl)er, A. D. 188(i, after having been read over by me to deponent. Andukw T. Lkwis, Clerk V. S. Dist. Court. *'i:'^. m 32 SEAL FISHKUIES IN MERING SEA. Albort Loaf, Itoiiiji; duly sworn, (liiniseMiiinl says : (). Slato your iiaiiic, aj^c, and occupation. — A. Allicrt Leaf; ovcr'Jl years of ai^c, and a seaman <'niiiloyfd on llic ifvcnnc-cnHcr Cunci/;, and was so on tlio iJnd day of Au- f^nst last. Q. Wliut lia|)]>cncd on tin; last named day in connect imi witli tlie scliooner Oinrurd ? — A. I was idaced on hoard the scliooner Oinrnrd hy Lieut. Ilowison wIkmi tlm vessel was Hei/ed. 1 saw dead Inr seal with fresh Idood on them on tli.. loiwai'd deidv and fresh tnr-seat skins on tiie (h'(l< and lliero were salted fur-seal skins in the liold. I saw nin(t canoeHwith !dood in them and spears e(|nii)i(ed for seal killiii;;. All tliis Avas upon t h(^ .scliooner 0(/i(7(/(/ at thelinu'of her sei/ure. Amjkut Lk.vf. Suhscrihed and sworn to before me tills 8 day of Se])t('mher, A. D. 188li, after hav- ing hoen read over hy nie to deponent. A.ndrkw T. IjI'.wis, Chrk r. S. l)int. Court. IN Till'. IMTI:|) SPATi; niSTHKT COtUT IN AND KOK TlIK IXSTlilCT UNITKI) .STATKS 1)1' AMr.KICA. OI' ALASKA, II e "I rl ill t[ HI The I'liitid Stolen \n. The Schooner " Ouirard.'^ Xo, V.K '\\'hereas. on the (ilh day of Septemher, 188(1. the said district court duly made and entered in the journal of said court an order directing; that the teslhuony and d('])o- nitnuis of the witnesses, (,'. A. Althey, .). \\'. llowlson, .J. C (Jantwtdl, .J. L^ liliodes, C T. ^^'inslow, and Alhert Leaf, he, takcm heforo me, tlie clerk of said court, at the tinui or times and ]>lace and upon such iu>tice as an^ sptM-ilied in said order : Now, therefore, this Is to certify that in i)ursuanceof said order, (Ui .Sejitember 7th, l.'^f^t), at 7 o'clock i». m., each and all of the ahove-nanied witnesses appeared hefore meat the clerk's ottice of .said court, at Sitka, district of Alaska, I'nited States ot' America: that M. 1). Hall, esti., disti'ict attornt'y of said court, and disti'ict, and \V. H. I'ayson, esq., ajijtearcd then and thert; on heluilf of ;!nd as attorneys and jjroctors for tho I'nited States, the lilielliiut liereiii ; and ^V. Chirk, es(i., then and there ap- l)oared on hehalf of and as attorney and ]U()cI amended libel of information of ^L D. IJall, attorney for rhe United States for tlie district of Alaska, who prosecutes on behalf c ' the said United States, aud being SHAL FISIIEKIKS 1\ UKliING SKA. 33 teni- s.s l>y aeii That the oth- iied li of tlui rit- iitli ■, A. in'csctit lii'i't' ill ciiiii t III his iiw n iu'dimm' imtxhi, i;i the iiaiiu' am! mi lichaH ol' tho siiiil Uiiilt'il Slates, ali(';;'os and iiifnriiis as Inlhuvs, to wit : That i'. A. Alilicy, an ollictir in the Ivcvfiiiic Mariiiti Sfrvii'c of the Tnitt'd States, duly I'oiiiinissioiu'd l)y the- I'lcnidt'iit ot" tlie I'lutcd Slattss, in ijoinniaiid ofllin United States reveniie-entter Conrhi, and (in special duty in the waters ot tiie distriet of Ahisl^a heretofoi'e, to wit, on tlie'ind day ofAniiUsI, l^i-ti, within t Im' limits of Alaska Territory, and in the wati'rs t hereof', and wit hin i he civil ami judicial ilistriet of Alaska, to wit, witiiin the waters of that portion of l!eliriii<; Sea l>elons,'inn to the I'nited StateH and said district, on waters navi;;al)le from the sea hy vessels , lie- in ji the ])roperly of some ]ierson or persons unknown to said at toriiey. The said prop- erty is more jiarl icnlarly desciliied as follows, to wit: 1 schooner, Oniviird, ^il' \'ictoria, ]!. C, II canoes, carpenter's to(ds. caiilkiiiir imple- ments, :{ anchors, chronoineler, clock, nanticat instrnineiits, sails, I'unnin;^ rij;yinlion of said arms jind ammunition, wliieji latter wei'e hr()Ui;Iit into tli(!]iorf of Sitka, in said district, and turned over to the U'nited Slates marshal of this district, and all said property is now within the Judicial district of Alaska, United States of Amerii'a. And the said M. )). Jiall, attorney aforesaid, further informs and alle adjudged decreed and condeniiied as forfeited to the use of the United States ; and for such other relief as may be proper in the premises. M. D. Ball, Ciiiled Slatf.%I>i>*trict Atlnrncn for the iJisirivt of AlaHkn. Dated SeptiMiiber 'JOth, IHSO. ■>. .. On the same day was filed the tbllowiii"' chiini IN TlIK UNITKI) SrATi:s DISTIUCT COURT FOU MI U A LTV. Tilt: DISTHICT OK ALASKA. I\ AI>- lor nsr In the mailer of the llhl of information agiiinst th > schooner Onward, her tackle, apparel, furniture, and cargo. Claim of manler for owner. And no'.v Daniel Monroe, master of the schooner O/iiran!, intervening for the in- terests of Cliarles Spring it (Jo., of Victoria, B. C, the owners of the schooner Onward, her tackle, apparel, furniture, and cargo, as set forth in the libel of information S. Ex. lOG 3 34 SEAl. FI.SIIKKIKS IN BliKING SEA. heroin, iippfjirs heroic tliiHliononiMe eoiirt aixl inakeHclfiiiii to tlie .siiid Keliooiier fhi- irard, lier tiiekle, apiiiucl. I'mnituie, ami ear^o, as set tortli in lliesnid lil)el of iii- forniation and as the same are attaelied liy tiie marslial nnder jirocess of this court at tlic instance of M. I>. |lJall, esc]., I'nited Slates (hstrict attorney lor tho district of Alaslva. And tlie said Daniel Monroe avers tiiat tlm said Charles Spring? & Co. wore in pos- session of tlll^ said schooner Onward at tln^ lime of the attachment thereof, and that the said Charles Sprin}; A- Co. al>ovo named art; the trne bona liilo owners of tlie said schooner, her tackle, ajiparcl, fnrnitnre, and cargo, as seized by tht; marshal aforesaid, and that no other ]ierson is the owner thereof. Wherefore h(> prays to defend accoidini;ly. DaNIKL MoNItOE. Siibscrihed and sworn to before ine this IHth day of September, A. 1). IHifi. [ska I,.] Am)1!i;\v T. Lkavis, ('hvk of the r. S. Dist, Court Jor llw JJixtrivl »/ Alaska. \V. C'LAliK A: 1). A. l)|V(iI,KY, I'roctors for Claimant. On the same day wtis lileil also the Ibllowiiij^ (k'lmirier : Jn Tilt: DisTiuci CouiiT OK Till'; Umticd Statks I'oii tiik Di.stkict (»i" Alaska. United Slalcx vs. CIiarlvH Sprin;/ and Svhoonir " Onward.'" Drmurrcr, The deinnrrer of Charles Spring iV Co., (daimants of the )>roperty proceeded against in the above cause, to the amended iiiformat ion tiled heri'in. 1st. Th(^ said claimants by iirottvstation, not cinifessinj; all or any of the matters in said anuMided infoiniatioii to Ix; true, demurs tlien^to anii.'irel, fiirnituie, and car;;(), Jis set forth in saip.'ir(d, fnrniliire, and carj;(i, asset forth in the information meiitionerl, did not, nor did any ]>art thereof, become forfeited in inanner and I'orm as in said information in tliat behalf allej;cd. or at all. ^\■herelore the said claimants i>ray that said infoiniation be dismissed with costs to these claimants attached. W. Cl ARK &. D. A. DlXGI.KY, J'rnctort! for Claimantn. Unitkd Statks, Dislrict of J/«.s/;.r, ,vs ; I'ersonally appeared before me W. Clark, who, beiiij^ lirst duly sworn upon his oath, says: I am the duly autli()riz(;d i)roctor for the claimants above-named, tliat the foreji[oine; answer is true as 1 verily believe. That the reason this attidavit is made by me and SEAL FISMKKIKS IN HKRING SEA. 35 not by c'liiimaiitM is» bt'causo said cliiiiiiantH iiro non-rosidtMits iiii STATKS DISTIilCT COfUT, DISTUICT OK ALASKA, fNITKI) STATKS UK AMEUICA. ViiUcd Slates vs. The Sehooncr (hnrttrd. ,Vo. 40. Tlie said libellant hereby excepts to tho sntliciency of the defendant's answer lierein, on tlie followiiij^ ^jroniids: 1st. Said answer is not properly or at all verified as re((nired by rule '27 of the United States admiralty rnles. 'Jnd. Said answer is not fnlj, exjdicit, or distinct to earli or any alU'f;atioii of the libel herein, as recjnired by said rule, :{rd. Said answer docs not deny or admit any of tho allcf,Mtionsor facts in said libel, but merely denies a conclusion of law. yi. D. I5AI.I. ANI> \V. II. rAYSON, J'roctoi'K fiif Lihillaiit. Sept, 21, 1-^80. Which excei>tions were siusttiiiied by the court, and on the same day Avas iiled the foUowinjj; amended answer : ,1* the ,'111(1 •kle, nor u in IN THE UXITKI) .STATES DISTIUCT COIKT FoK THE DISTUICT OK ALASKA, I\ ADMI- KALTY, I'liited tSlatea vs. Charles Spring ieiniscs herein set forth are true. Wherefore said master prays that this lioiu) ruble court ^vill be pleased to iironminee .•igainst the libel herein and that tiie same may be Ismissed with costs to these claimants attached, W. Claiik and D. A. l)i.\(iLi:v, I'nivtorsfor Claimants, Uxted States, Dixirii-I of Alaska, •'.v .• Daniel Monroe, being first duly sworn, n[)oii his oath says: I am the master ami eaiitain of the schooner Onward. That I have heard read the foregoing answer and know the contents thereof and that the same is true of my own personal knowledge, Daniel Monhoe. Subscribed and sworn to before me this "J'ind day of September, A, D, 1880, Am>1!ew T. Lewis, Clerk of the U, S. Dist. Court for (he District of Alaska. . rf 3S SKAL FIHIIKIMKS IN HKUINCi SKA. Oil the Itli (l;iy of Ociohcr, ISSO, wiis lilcd tlu^ lullinviii;; rctiiiii to tlic iiioiiitioii issued (tii the I'Stli day of Aiigu.st, IS.SO, cited on payc ;{ of this tritiis(!ript : 81TKA, Dintrict of Jh.nhu, hh : \\{' il ri'iiicrnlirri-d (liat, in uhcdiciici' to tlit^ iimirycd inoiiitioi), I liiivo :itliii'liP(l till' wil liin-ilcHcrilicil jUDprriN iiml now lioM 1 In- siiiik' in my [xi^scMMion Niihjrct In tliu oi'dt'i' of til is iioMor.'iltIt' coiirl. And I liiivf ;{ivi'n dmi noti(•(^ to all pi rsonn cliiiniihf; .Muid pitipcrly to Im' and appear l)t'toi(' tills di.stiict court, on tlic Itli day of Octidicr, If-'ti, at 10 o'clock a. in., if the Haiiii' .sliall he a day of inrisdiction, oiIicins i.H(> on tlio next (lay of Jurisdiction tlmrcaf- tcr, tlicn and lllc^(^ to niaUe llicir claims and )ill(';;'ations in lliaf licliiilf. And that I have, as ordcri-d by said coiii't, caiiHcd said notice to lie |iiildished, and the saiiK! has lieen )iii1ilislied in the Alaskan, ajiiew spaper piildislied at Sitka, in said district, on the It h day of Septciiilier, l^Mti, and in each issue of said iKiwspaper siili- seqiitM.it thereto, until >aidltli day of Octolier, iHt'Ci. MAIiTdX AlKINS, MkikIiuI, DiHtricI o/.ththLit. HiTKA, Alaska, OcloherHh, IH'-iti. On the Hiinie dtiy the followini; deoroo was entered : IN T!ll'; L'Mirii SIAIKS IHSTICT COUKT IN AND lOli L'MTI'.I) STATKS OI' AMKIiK'A. TIIK DISTISIcr OI" ALASKA, I'nlivd SlaieH vs. The Schooner Oiiiranl. Xo. •IK. TIk^ iiiarslia! liavin;^ retmned on the monition isHiied to him in tlio ahove-ontitled action tiiat- in obedience thereto he has .attached the Hchooner (hnnud, her tackle, aiiparel, boats, carjro, iind furniture, and has j^iven dno notice to all persons claini- inj; the saiiio to ajipear before thisconrt on this Itli day of (October, 18H(), .at !<• o'clo(dv a. ni., at tins District of Alaska, United States of Americ.i, tliiircl, boats, and furniture and her cargo of 40U fur-seal skins, and all other jirojierty foiiiul upon or appurtenant to saiil schooner, be and the same are hereby condemned as forfeited to the use of the United States. :!rd. That unless an fippeal be ta'-en to this decree within the time limited and pre- scribed by law and the I'liles of court the usii.al writ of venditioni exponas be issiu'd to the nii;;.-,lia1 commanding him to sell all of said projierty iiud bring the ju'oceeds into tlii.-t court to be distributed according to law. Costs to be taxed iV'i awarded against said claimants. J. Af A Yi; rri': Da ws( )n, District Ju(J(/c. ;\f Sitka, district of Alaska, Andiu'.w T. IvI:wl><, Dated October 4tli, l-^-C. Done in open court this Uli day of October, 18811 United States (d' America. V CIcrl:. On the same day the following motion was filed IX TIIK r.MTKD .STATES DISTUICT COURT laU THK DISTKICT Of ALASKA. CiiitedSlates vs. Charles .'?/)/'i»;/ .f- Co. and schooner " Ouward.'' Motion to set aside de- cree. Now come \V. Clark and D. A. Dingley, proctors intorvoning for and in behalf of fhe claimants herein, and nu>ves the court to set aside the decree rendered herein for KKAF. Ki.siii:i{n;s i\ iiKin\(} ska. 37 tlif nasDii lliiil I li(< <'vi(Inn('i! iiroiliicrd "11 lichiill'ot' tln' I'liilnl Stiitrs is ulmllv in- Hiilliciciit ii{ii)ii wliii'li l.() Ijti.ii! said (Icci'i'c. W. Cl.AKK A |). A. l)|N(it.i;Y, I'lvlofx Jur ('loiiiiiiiifH. Wliicli motion was liy tlu* court ovcrnilrd, and tliciciipoi; tlio follow- in;; notiitti ol' appeal was IiUmI : IN Tin; iNiriat stati:s kistimct cotiM roi! ini: disiimct ok ai.aska. I'liilvd Sliitis vs. r/irtc/cw Spfimj .>• Cd. and schooner " Omvnid." Xoliti of npiivnl. Ami iiiiw conic W. C,'liiil< I't 1>. A. Diimlcy, luuctor.s I'nr iiiiil in liclinll' of f lie cluiiii- iiiitH licrciii, luiil not i lies til is liononililc court t liat liny licrcliy tiitiioii t'rom tin- dccrHO i'cn(lcrc(i lici'fin to tlic circuit court liaviii';- iiitpcliatt^ .jiiri.sdici ion over tli is district, and lliat' said .'i]i|ica! is taken on iincHtions of lau' and laci, and pray tlie court lor an order on ifs clink to preiiarc a coniidete transcripLol' tlie record lierdn, as tlie law ro- i|nires. W. Cl.AliK iV 1». A. l^INCU.KY, , rntrhnu I'lir CUiimaniH, On tlio Oth day of I*'t'l»juai'y, 1SS7, was entcrod the followinj; oidcr : III the iiKillirof the Vnllid SlateHvu. Si liooiirr Onward, So. l'.'. Srhonver Tlnirnton. Xn. i>0. tSrliooiur ( 'arolinii, \(). itl. Srlinomr San llivijit, A'o. .'ri. Arinx and AiniunnitiDn Svhv. Shrra, \o. ."i7. Armn and Aniinnnititin Sclir. (ili/ of San Ihcjo, \(i. oH. In the al)i)V(! cjiiises, upon niolion ti" the iittorney for the United States and arj;n- nient of coiinstd lor tlio I'liited States and for the inttM'veners in said causes, and con- sideration Ity the court, it is this day ordered tiiat writs of venditioni exponas do is- sue froni t li(^ clerk of saiil court to t he marshal of said district, for t lit! sale id' ( he ut- taclied vesstds, with their taekhs, carj;(>es and fifiiilnre of whatsomer description, and of tin; arms and aniniiii'''ion attachiMl in said ciuiscs. And as to said att.'udied ves- sels that the sale of the sanK! (except the H(diooiicr San l>ic;i), which sliiill he sold at Sitka) shall be made at Tort Towiisenil in the district (d' Washin^^ton 'leriitory, and as to the seal skins, part of the car;4()es of said vessels attached, that siilo of tlii^ same shiiU ho made at San Francisco in the District of Californiii, and that sale of said schooner Sau Jfkyo, and all the other attiuhed property he made at Sitka- in the dis- trict of Alaska. Thirty days notice of sindi sales to his ;;iven at eaidi of the placcM where the sanii^ are to ho made, by postiuj;- such notice or by itnhlicatioii in some nowspapcn' |>iibliMhed at such jdaces rcHiiectively. And that said marshal do have the moneys arising from snidi sales, to^^ether witli tlio writ coiumaiidiii;^ the same, at a district court of the I'nitcd States for this, the snid district oi Alaska, to be hold on the first Momhiy in September, l^j-iT, and that he then pay the same to the elcrk of said court. Ci.iauc's Owicio, IJ. S. Disr. Coi'iix, DisrincT ok Alaska, Sitka, March Id, 1H87. I, Andrew T. Lewis, (derk of the siiid court, do certify thatth;i fore^oinj^ transcript of the j'ecord in the ease of the rnited States m. the s(tliooiier Onward, her tackle, ap- liarel, &.C., on libel of iiiform.ation, »fcc., iiojidin^ in said court, h.as \)cv.u comi>ared by niewith tho ori<;inal, and that it is a correct transcrijit therefrom, and of the whole of such orif^inal record, except the full text of the exhibits referred to in the testi- mony therein, the jiurport of which only is stated, and that tins said jnirport of ex- hibits is correctly stated, as the same ajipears of reiiord at mv ollice and in my cus- tody, [seal.] A.m>i!i:w T. Lewis, Chrk. .? ■ .' dc- 38 SEAL FISHERIES IN BEKIXG SEA. [IiicloBure 3. | Tran8cri2>t <>/ ntord in llie case of the schooner Tlioiiituii. The United StatOK, iil)elliiiit, vs. Tlio Schoonor Thorufoii, Iit tiicklc, &.c. On lil)cl of iuibrinatioii lor ln'iiig engaged in tlio business of killing I'lir seal in A''"^!:;;. On the L'Stli day of August, 1886, was filed the following- libel oC in- fornuition : IN THl', DISTRICT COUItT OF TUK UN'TKD STATES VOH TIIK AUGUST ti''EC'IAL TIOHM, lf;CJ(). DISTRICT or ALASKA. To llic lionoralde Lai'aykttk Dawson, JikIijc of nuid (lintrict coiirl : Tlio lilx'l of iiifoiiiiatioii of M. D. Hall, attorney for tlic United States foi' the dis- trict of Alaska, who prosecntes on behalf of sai!' ten or more Ions liiirilen, seized tlu^ ship or vessid commonly ealled a schooner, the 7lii)iiiloii, her taidsle. appaie], lioats. cargo, ,'niil fnriiitnre, being the propei-ly ol some ])eisoii or persons to t he said attorney nnkiiown, as forleiteil to the I'nited Siatesfor the lollowing causes : Tliat the said vessid or s(dr>on'a process and monition of this hon- orable court issue in this belialf, and that aP persons iinerested in t lie btdbienieii- tioned and described schooner or vessel may be cited in general and s])e(;ial to an- swer tli(^ veiiiises, and all t\\U' iiroiHM'dings lieiiig had, that t he said nidiooner or vessid, her tackle, a])paiel, boats, cargo, and fiirnitire may, for tlio cause aforesaid, and oth- ers api»earing, be eondi'nined liy t he di liiiite seiiteiit'^ and decree of this henorablo court, as forltdted to tl'.e use of the said United States according to tlie form of tlio statute of the said I iiited States in siii ii cases niaih^ and provided. M. 11. I5AI.I,. riiiU'u St lien District .ittonuii for thv I inlrict of .llii^kd. Whereu]»on forthwith issued the following monition : District ok Alaska Sct : The I'resident >t' intorinatioii Iiath been filed in tlie district court of the United States for tlie Distuct id" Alaska, on the "JSth day of August, in the year IHSti, by M. D. IJall, United States attorney tor the District aforesaid, on behalf id' the United Stat/s of Amei'ica against the schooner Tli<>>ntoii, ]n'V tackle, apjiarid, boats, cargo, am. furniture, as forfeited to the use of the l;'nited States for the reasons and causes in said libel of infoniiatiou ini'iitioned, and jiraying the usual pri)C(\ss and iiionitiou of the said court in that liidialf to be made, and that all persons interested in thcsuid Hchooner 'Ihoriitoii. lier taidili , aii]»arel, lioats, cargo, and furniture, etc., may becit«Ml in general and special to answei' the [in mises and all procei dings bidng liad, that till' said schooner Thorn on, her tii(d\le, aiiparel, boats, cargo, and fnrnituro may for the causes in the said libel of infivniatioii mentioned bo coiulenincd us forfeited to the use of the United States. You aro thercd'ore hereby commanded to attach the said schooner Thornton, tier tackle, apparel, lioats. carg iiiid fuiniiitre. to detain the same in your custody until SEAL FISHERIES IN BERING SEA. 3!) Ill- ■7 the further order of th(^ court resiipctinrs!;».s <'hiiniii)j; the w;i'iie, or Uuowiiifj or havini^ auythi.if^ to say wliy tlie same should nor. 1)0 condemned and sold jiursuant to tlie pray*!' of tlie saiil liltel of information, that they he and a])i)i'ar hi lore the said court lo he held in and for tht! District of Alaska on the 'Itli day of OctolKir, lfS>, at 1<* o'clock in the forenoon of the same day, if Ihe samt! sliall he a day of jurisdiction, other .vise on the next day of jurisdiction there- after, tht^n and there to intcrixiso u claim for the sunu; and to make tlndr alle^ati'>'is in that helialf. And what you shall have dom; in tin; ])remise,s do yon then and there makt- return thereof tofrt^ther with this writ. Witiu'ss the hlf Lafayi^tte Dawson, judji'e of said court, and the seal thereof aftixed at tlm city of Sitka, in the District of Alaska, this'2>";th day of Au^t, in the year of our Lord one thousaiul eii^lit hundred find eighty-six, and of ihe indepeniicncc of the I'nited States the oiu) hundred antl eleventh. [sKAi..] Andrew T. Di.wis, Clerk. On September (!tli, 188(J, was lil.d tlie following; anidiivit: IN T!ir. fXirKI) STAKKS DISTIilCT COIRT I.V ANI> lOl! TIIK lUSTltlir OF ALASKA, IMTKI) 8TATi:« 0\' A.MKItK A. The I'liili'il Si'iltis of America vs. Tlir Schooner Tliorntoii. U.nitf:i) SiATKS ()!•• AvrKiacA, Dixirid of Alaska, sx: C. A. Alihi'V, hciiii;' duly sworn , dcposi-s and s;iys : That he. IS and at all times herein mentioned was a ca|. tain in the I'niteil States revenue marine, and in (Mimmand of Ihe I'liited States ri'venue-ciittei lU'rnin. That atliant and the fol!()\vin;j;-named olhcers (I. Ani)1!1:vv T. I.KWis. On tlio same day wtis entered the following order: In the matter of the United Stolen vs. Schooner Thornton, Cnse Xo. 5(1; Sehooner f'aro- lena, ca^y Xo. .")! : Schooner Onward, rune Xo. 4'J ; Sciiooiii;r San Dieijo, tone Xo. .")"2. In the aoove-entitled actions ure'eut lU'cessity and ^^ood cansi> iiii|)earine' therefoi' from the allidavitsof C A. Ahhey, now, on motion of M. D. Ihiil, United States dis- trict attorney for Alaska, ai-d counsel for the United Suites herein, it is ordered that the depcsitions of the wifimsses C. A. Ahhey, J. VV. Howison. ,1. C. C'autwell, J. U. h'hodes, J. If. Dou;j,las,s, temher, ''i.Mi, at 7 o'clock p. in., or as .somi thereafter as the mattcsr can ht* re.iched at the -iriee of Atiul ch-rk at Sitka, and if not c(uupleted (ui Hi?id evening, then tin? taking of said depositions to he continued hy said clerit from time to tiuu) until completed. That notice of the time and place of taking Haid dej)- ositions lie served hy the marHhal of said district on Ilaiis Outtonasen, .Jaiiu's Hlake, Daniel Mutir* ■'. anil Charles E. Raynor, ami upon W. Clark, esq., attormiy at law, on or hefore Septemher 7th at 12 m., ami that Hueh shall he due ana suflujient and reusou- ahle not ice of the taking of said (!e]iosi'iions. Done in open court this (Uh la;; "f Septemher, 188(5, now at this time W, Chirk, esq., being present in court, waives service of notice. hy .. 1 • 1 ■ ! 40 SEAL FISlIEinES IN I'.EKLNG SEA. On tlie 7tli (lay of September, ]8S(>, Avas filed tlie following' notice and return : IN 111I-; I'NITKI) STATKS I)!.<'<'1!ICT t'OUUT IX AND ]()I< IHI-: DISIKICT Ol ALASKA, UMTKn STATKS OK AMKII'CA. SI I'liitid SInicH of Aiticrw vs. The Schooner Tliorutoii. 'i\) Huns (iuttonnscii jrrccfiiij!,-: yon are notinMltliat by onlcrof Ijufayt'tte Dawtsoii, Jndijt', (tf Maid distiict court, tlic dopositions of (j. A. Ablicy, J. C. (..'ant well, J. U. Jihodc.s, and J. 11. l>oiii;las will lie taken bcl'oi'e tlio cI 'rk ol'Kaid district court at his otiicc in Sitka in said distric^t on 'i'ncsday, Scptcndicr 7tli, IH"*!), at 7 o'clock ]i. ni., or an (soon llicrca ttt'i' as 1 lie matter can be reached, and it' not ( 'nniilett-d on said even- ing, tlie takinji' ol' said dciiosilions will lie continued by said civik iVoni time to tinio until completed. Dated Septendicr 7, 1S8G. Ani>!;k\v T. Ei;\vis, (hrk. TNiTKn Sta ri s of Amkkica, ) I tisjiiicT or Alaska. ^^'''" 'I'his; i.s to certify tiiat on llic Tth day of Scptcinl)er, l"-'"!), before V2 o'clock noon of tliat tlay, I served tlie annext'd notice on the wiiliin named Hans Guttornisen, at} Sitka, District of Alaska, by then aiid llicic ]>cr 'iially deiiverin.j; to said Hans (iiit- torinscn a copy of said notico, and tlic' and tlieii! juiivc him the privilej;jt; of bcung piesent iit the takin for thf, j>isti;ict of ai.a.ska, IMlF.li MATFS (IF A.MF.UUA. * 77(c UiiHt'd >■/(//(. s vs. 7 A." ^■■'' joiKr Thofiitoii. Xo. T)!). Depositions of witnesses sworn an'l examined before ine (ui the 7f!i day of Septem- ber, A. D. l.'^'^t*. at 7 o'<'lo(dv p. III. ot h-MJ day, and on Seiitemlier nth and IHli, l.S."'i), thereafter, at I he cleil's i)flice of said court in Sit!e continued to i)y me, iii said act ion then and tliere pending; in said (list lict court liel ween the rnited States as jiiaini iti'aud the schooner Thonitoii y^^ doloiidant, (ui liehalf and at tln^ in- Htance of the said ]daintitl', the lliiited States, and upon notice ot the time and (ilaco of tl;e taking of said (h]iosii iiiis, served u|)(iu Hans (jut toriusen, tin! caiitain ot said Kch. What were you doing and wliat occurred on the 1st day , if August last in the line of yonr duty ? — A. 1 was cruising in JWdiiing Sea, about 71^ miles soiitlisoutlieasfc Irom St. (Jeorge Island, in about latitude iiiid longitii(b> . 1 found tht^ 4 boiit.s of the lU'itish steam schooner Thoniinn, of Victiiria, 15. C, engaged in killing fur st^al. Eacdi boat had in her from thnni to eight freshly-killed seal, arms, and ammuiiition, rowers, and hunters, who stated that they belongisd to the said schooner T>ioruton, ami were engaged in taking or killing lur seal. Some of them, if not all, were seenslioot- iiig at the fur seal wlii(di were swiiumiiig in their neighborhood. On this evidence I caused the vessel to be seized by l,ieiit. Cantwidl ; took li(>r in tow and jiroeeeded with her to Oonalaska, where 1 ])laced the vessel, cargo, tackl(>, fiiruitiire and ap- purtenances in charge of Deputy IJ. S. Marshal Isaac Aiideison, of Oonalaska, the '>i ■• SEAL FISHERIES IN liKUING SEA. 41 far;;f) of fur-seal skins beiiifj; stored in " Keneli," in out! of tlie warfliouses of tlie Alaska Coinniereial C'oni))an.y and under seal. One hoat of the Tlioniton was sent to Sitka by the sehooiier San IHvijo and plaeed in custody of the IJ. S. marshal at Sitka. All of this property is now in the, custody of th(« U.S. marshal at Sitka, ineludini^ her anus and annnunition, which I hrouj^ht to .Sitka on tli(! Ctirwiii. (.). Was this tli(> vess(d a^i.iinst which thi:kw T. Lr.wis, Clirk r, S. Dixt. Court. 'k Lieut. John C Cantwell, beinjrduly sworn, di'iioses and says: Q. State your name, occn|)ation, and auc. — A. .loliii C. Caiitwidl, liid lieutenant V. S. IJeveniie Marine Service; at present uiiitiity U. .S. revenue sleaiuer Conriii, and over the age of tW(mty-one years. t^. Were you so on the 1st day of August last ? — A. J was. <,,». State what ■ ccurred on that eizure ? — A. About tifteeu. (}. Was this a reasiiuaide numlier for ordinary ]iurposes of commerce and naviga- tion ? — A. Ii was an nniisually large numlier for the si/e of th" vessel. ((). Do y(Hi recognize this pajier ? — A. I do. It is the oliicial iineiitory madi^ by tno of the t'nrnitiire, tackle, and eaigo of the sidiooncr Tlionilini (inventory embraces the usual fninitiire, rigging, nautical instiiimeiits, lioats, and stores of a vessel of this elass with a, cargo of hi:! seal skins, :i seal pup skins, and ime hair seal .' iuty V. S. marshal, Oonalaska. Aug 1st lltii, 1H»(5); the item, 4()li seal skins, inentioued in the in ventiu'y, are fur seal skins ; t Ins inventory gives afiill and correct list of all the, fuinilnre. tackle, and cargo of said vesstd, with the exeepf ion of tin' following: ArmsamI auiniuiiitiiui. octant, and one chronometer, 'i'hci'e is one lioat bejougjiig to the Tlioniloii that was sent down on the San IHfijo and ineludcii in the iiiveiitoiy (d'tlie S. /.'. M. day of September, A. 1). IHSt;, after Siib> hav'-. ■ •:i'c-dand sworn \n before me. this Dili be4-M ; t ad over by me to deponent. .1 AxniiKW T. Lkwis, Cleric r. >■. Didt. Court. .lolin I 'Miofies being c'nly sworn deposes and sa\ s : l^. State ,.;/.ir name, age, and occupation. — A. (ihn {'. }\*iiod( s, over '21 years t)f age, and lieutenant in tlio l'. S. Keveniie .Marine ' .tached to theievonuo si, amor Corivhi, and was so on tlit! 1st day of August, It-^fii. (),. State what haiipened on the last-named day ii. connect';)n with the schooner Ttiorntun. — A. I was on the Corwin at the tinu^ the Thornton v.as st'ized on that dayi. We find. ])ick(r iiiarkccl (Ex. G) is tlio clDiinvMCii i)apor of tlio scIioouit Thornton {thin paper rtpresctitH the Uriiinh ateain nchoonir Thornton, Uanx flntlormurn, manter, ^i'i^KW^ tonH,nar\ijated with \iMDien, bound for the J'ucijio Ocean, llehring Sta, and Ohholuk Sea, on a hnntin;/ and ftxliinr/ royatje, at har- infi (ha red from Vhtoria, Ji. C, Man ^-^Ih, 1*^8(5). This paper inaiiicd (Ex. H) is her billot' licaltli (issi'ed saiiK', date and plaeo with (doaraixn-). I found tli i)a;'er.s in tlic. scliooiu r Thornton at the t iiiKS of seizure and then toolc poss(!ssion of tlieni. Q. Wliat w:is the list of arms and aninnmition found aboard the schooner Thornton at the time of seiznre ? — A. 4 rilles, (i shotj;iins. H(;7 shotunn (Nirtridf;t's, tvii) rille-f^nn (•artri(l;j,cs, 108 lbs. powder, 1 kej^ i)owdcr jiartly tilled, "^ ba^.s bullets, 11 baf;H buck- shot, f) boxes of wads, ',\^ boxes primers. Q. What has bcMjoim* of these arms and animnnition ? — A. Tli(-y wen; delivered to the U. S. marshal at Sitka, and are now in his custody. John U. Kiiodks. IJent. r. S. A'. M. Subscribed and sworn to before me this -th day of Septemlx'r, A. I). 18-i(), after liavinjj been read over l)y mo to the deponent. [si;.\r,. ] An'hhkw T. Lr.wis, Clerk i. S. J)ist. Vnnrl. Jolin-l'. lihodes, beiu'j; duly sworn, deposes and says: (}. State your name, a,ui\ and oeeu)iation. — A. .lohii I'. IMiodes; F/ieiit. 11. S. reve- nue luarini' ; at present on r tin' ajie of "21 years. Q,. St.'ite what nautical in>truments, if any, w(M•(^ sei/eil on the seliooni'r 'J'hornlon, except such as are included in hiir general inxcnttiry.— A. ()ne clirouomeler, .\o. 1157-J, made by ICe.ssi^ls, and one octant. (). What has become of this |)i •'•fr?-A. I turned it, alter hav- ing been read ovei' by mo to deponent. [SKAI.. ] AN'lMtKW T. Lr.wis. Clerk {'. S. l)isi. Conrl. tl St J. H. Douglas, being duly sworn, deposesaud says: i-l- Statt! y(.ur n;ime, age. and occupation. — A. .1. 11. D mglas ; am over "Jl years : am a ]iilot in the l^evenue-Marine Service of tln^ United .States, ;md havtj been so for the 7 ye.ai's last i)asr. I am now, and on the lirst of August, Ir'Hli, was, ))ilot on the revenue steamer Corw'ui. (>. Slat(^ what occnri'ed on tli(> last-namerl day in conueclion with the sclioonei' Thornton. — A. We sightepearance o)' having been lately killed. I asked the men what Inck thcv had 1 ..il. ()iitM)f them replied "We have (■) or 8, but not as good as souu^ days." We toolc possession of the boat and con- tents by order of Capt. Abbey. We then pi(dved up the second boat. Iiur the fur seal are plenty in the watiMs adjoining the I'ribiloft'Isl- ands, and are migrating to and from these islands, and are at all times very plenty be- tween I'nimak Pass and said islands in a track about 'M miles wide which seems to bo SKAL FISIIKRIKS IX BERING SEA. 43 their lii;^li\v!iy to and from siiiil isliinds. Tlio .scliooncr Tliornlou ami Iut lioat.s wlioii seized weiv diri'clly on tliis track. J. H. Douglass. SnlisfrilitMl and swofii to lK'r()r(> luc this~tli day of S^.'^tcmhcr. A. I>. V-<"^i>. after liav- iiig lit'e:i rcailovi'r by iiu; to di'imiuMit. [SKAt.] A. T. Lkwis, Clerk I'. S. Pisl. Court. IX TUK LNITKI) S TATKS IHSTUICT CJUtlT I.V AND I"1)R Till: DISTUK T (IF ALASKA UNITKD STATKS Ol' A.MKKICA. I'lu: rtiltcd State>i \!i. The Schooinv " I'lmnitoii."' Xd. '^0. WluMoas on the fltli day of SeptcmlxM-, 18d(), tlio said district ronrt dnly made, and entered in tlie Joiirnal of said eonrt an order in *ho aliove-ontitled aetion direetini;- that the testimony and depositions of tin* witnesses, V. A. Aldiey .1. V. Cantwell, .}. I'. Ifhodes, and J. li. Doni-lass Im taken before me, the clerk of said court, at the time or times and ])lace and upitn siiuh notice as was specitied in said order. Now, tliereforo, this is to certify, tiiat in ])ursiian(,'o of said order, on Sepieinbcr 7th, I'^rit), at 7 o'clock ]). m., each and all ol' the above-named witnesses appcari-d be- fore me at the clerk's othoe of said court at Sitka, district of Alaska, Kiiitcd .Stati'> of America; that M. 1>. IJall, es(].. (list, attornt'y of said court and district, and W. If. I'jiyon. esi|., appeaiol then iind thereon behiilf of and as at toriieys and proctor^ lor (lie I'nited States, the lib(dlant hei'cin ; and \V. Clark, csi|., thciii and there ap- peared on behalf of and as attorney and proctor for the s;iid schooner ami her own- ers liendn; and Hans (iiUtormsen then and there ap|>eared in piirsn.iuce of notice .served npon him. That I was nnabl(> to complete tln^ t.ikiii;; of said de|)osifiiins on s.iid Tlh day of Seiirember, IriSi), and I continued the tiikiiiy thereol' on the ,sih and iltli of S"pt(>iiiber, lH"-t), and completed the same (m said last, named day. That tln^ said parties by th.Mi' said altoineys ainl ]>roctors then and there ap))eart!d and were i>resent on each of said last named days and .at all tinu^s dnriii;.x the takiiu'; of s,:i:I depositions. Thai each of s.iid witnesses w;is (list duly caiitioiied and sworn by me, then .■iiid theri>, that the i>\ ideiice Im should i;ive in said action should be rlie li-iirh, the wlinle Truth, and nothing Imt tin; truth, and thereatti'r each of said witnesses w;is th.'U ami tluMe ex- amined belore me, and I then and there took down tlm statement and leslimony ol' each of said witnesses, and reduced tin* same to writiiis.; in his pri'sence, and then and there read the same o\-er to him ; and he, t hen and there, after the same hail biien so reduced to writiiis^aud read o\ 'r to him, .snl)scribod the. same in my prtisence, and swore to the truth thereof. That the fore^Hu'i!;;- deposit ions are t he depositions of said witnesses ihiui and tlieie taken before me as aforesaid. That due notice of the taking, of said depositions w.is j;iven as rcipiiicd by .said order. In witness whereof I have hereunto set my hand and the seal (d' said dislrict court thisilth d.iy of Septoiuber, L^iyti. A.\i>i;f.\v T. Lkwis, i'lrrk U. .N'. Di!.MI- fn the DKttfcr of the 'ihcl of iiit'onnnthni niinhmt the nchoomr Thornton, her tnrklc, up- parti, furniture, and cunjo. Cliiini of ntaxler Jor owner. Aud now Hans (Tutorinsen, master of tlu^ scdiooner Thornton, interveiiin^i' for the interest of J. D. Warren, of Victoria, M. C, th(( owner of the said schooner Thornton. her tackle, apparel, fiirnitiire, and carijo, asset forth in the libtd of iuformat ion Intre- in, ap)»ears ln-fore this honorable court and makes claim to the .said schooner Thornton, her tackle, a]ti>arel. furniture, and car>;o, as set forth in the said liind of information, and as tiie same are atta(died by the marshal under process of this (;ourt at tht; in- stance of M. 1). Ball, e,s(|,, I'liited Slates district .attorney for the district of Alaska. And the said Hans (iuttormsen avers that the said J. D. Warren was in pos.session of the suid sclioouer at the time of the attaclniieiit tliereof. I 'I' 44 SEAL FISlIElilES IN I5EIJING SEA. And tliiit tlio miid ./. D. Wiii'^fii, .iliovoiianiod, is the true anil bonufido ownor ofthf; said Mcliooner, Iut tJicklc, iiMjiarcl, cif'io, and Ciiriiiturc, as Hcizcd l>y tln< Hitid niarslinl aH aforesaid, and that no other per. m is the uwnt-r tiicreof. Wherefore lie jjrays to «lel'end accordin^^ly. Hans Gittohmsen. Snbscrihed and sworn to lief'ore i-.i" tliis Idlh (hiy ofSciiteinher, A, 1). 1880. [seal.] Andukw T. Li'.wis, Clerk of the V. S. Dint. Court for the JJintriit of Jlunkit. W. Ci.AUK & D. A. Din(ii.i:y, I'roctorH for ( 'luiinont. Oil the Sivme day was lilcd thefollowiiijj anioiuled libel of iiif'oriiiatioii: IN TIIF, rXITKI) STATKS D^STIUCr COfUT IN ANI> I'OI{ rili; IHSTKICT OF ALASKA, UXITKI) STATKS OK AMKlilCA. Al'ClJST SfKCIAI, IKUM, l-^(). To ilic, lionoralile Lafay-vi'tk Dawson, Jiidfic of Mid J)i>itricl Court : The anien(h>d lihid of information of M. 1). Hall, attorney for fins United States for thedistriet of Alaska, who ])rosecnteH on Ix'half of said United States, and heinji pres- iMit here in court in his owi |)voiier person, in tht; name and on helialf of the said United States, aUcijos and informs as follows, to wit : That C. A. Ahliey. iin oflieer in the Urveniie-Mariiie Service of the United States, duly commissioned liy the I'resident ol tlie United States, in command of the ['nitetl Stati's re\'enne-cnt ter rone* (/.and on s)i(!cial dnty in t lie watei-s of tin' district of Alaska heretofore, to wit, on tint 1st day of' An^iist, I'-Mi, within the limits of Alaska Terri- tory, and in the waters thereof, and witliin tiie civil and jndicial district of Alaska, to wit, witiiin the AvatcMs of that portion of l!ehrin<;' Sea helonj^incr to tho l'nite(l States and said district, on waters i,avii;ahle from tin; sea l>y vessels often or niort* tons hnrden, seized the sidiooner Thornton, her tackle, a]iparcl, hoats, car;;(>, and tnrni- tnre, hei'ijr the ])roperty of some ]terson or persons unknown to said attorney. The said jn'operty is mor(> iiarticnlarly dcsei'ihed as follows, to wit : 1. Schooner Thornton, of ^'icturia, H. (J.,-l boats with oars, sails, and ;^ear ; carpen- ter's iiml canlkintj tools and materials; ;"> tons of coal, 10 yds. of canvas, cloiik, chronometci-, nantieal instrnnients, ]irovisions. sails and rnnniii"; ^I'ar, rojx's, twine, lam|is, oil, casks, Inickets, enj;in(? and ,uear, 'JO sacks of salt. Hi;} I'ur-seal skins, 1 hair- seal skin, '■'> iin]i-seal skins, -X rilles, (i sliot^nns, and arms and ammunition for same, and all other ])r()pert / fonml n)ion or a)ipurten.int to said seliooni'r. 'i'hat sanl C. A. Ahhey was then and there duly coinmissiiin(!tain, ollieers, and crew were then and there fonml en- ^^ayed in killiu;;' fnr seals within the 1' aiits of Alaska Territory ami within the waters thereof, in violation of section l'.(.")() of tin- J\^^vised Statutes of the United States. 'J'hat all the said pro]ierl\', after beinu; seized as aforesaid, was hrouj^ht into the ]iort of Oonalaska in sanl Territory, ami delisered into the keepinijj of I.saac Ander- son, a deputy Unittd States luarslial of this district, with the exceptiou of the said arms and ammnuition, whicdi latter were hrouj^ht into the ])ort of Sitka in said dis- trict and turned over to the United States marshal of this district, and ;J1 of said property is now within tlu^ Jndicial district of Alaska, United .States (d" .*, ii, erica. Ami th(! said M, 1). Ball, attoriu'y as aforesaid, further informs and alle^^es : That on th" 1st day of Anj^ust, IHSCi. Henry Norman and certain other jier.sons whose nanu's are to sai;s arc^ had, all of said j)roiH!rty be adjudjicd dociced and fondenmed as forfeited to |he use of the L'uitcd States; and for such otiier relief as nniv be proper in the iirijniises. M. I). Ham., r. .S'. lH:r of .J. I). Warren, claimant of the ])roperty proceeded aj^ainst in lh<^ above cause to the intorniation tiled herein. 1st. The .said (dainiant by protestation, not eonfessinarel, furniture, and cargo, as S(^t forth in the information mentioned, did not nor rifit!d as re(|nire(l by Riihi 27 of the U. 8. Admiralty rules, ■■ind. Said answer is not full, ex)dicit,or distinct to (>aeli or any allegation of the liliel herein, asreipiired by said rule. 46 SKAL FISHEKIKS IN I5ERING SEA. II,; 3r(l. Siiiil iiiiswia- dot-s not deny (tr admit any of tlie allegations of fact in said libel, hnt nieri'lv dtniies a conchi^iion of law. M. I). 15a LL iV, W. H. 1'AYSON. J'roviors for lAhvUant. SKrTKMUKIl 21.ST, la-iti. Wliicli t'X(roi»tions were sustained by tlie court and on tlie same day was tiled tlie following amended answer: I.\ TIIK fMTKI) STATKS DISTIUCT COURT lUK TlIK DISTIUCT OK ALASKA. rnitcil StatcH VS. J. 1). Warren and Schooner Thornton, Amended answer. To tlie Intnorahlc! Lakaykttk Dawson, Judijcof the United Statvn Distriet Court for the District of Alaska : Hans GnttorniHon, master of the sclioonor Thornton, intervening for tlie interest of and in behalf of .1. ]). Warn^n, ownta* and claimant of said aehooner Thornton, lior tackle, apparel, fnrnitnre, and cargo, for amended answer to the libel of information herein against said schooner, her tackh;, apparel, furniture, and cargo, alleges as follows : Ist. That he denies each and every material allegation in said libel of information contained, '-id. Denies that the said schooner Thornton, her tackle, ajtpare], farnitnre, cargo, ami the proi)erly aj)i)ertaining thereto, as set forth and described in said libel of in- formation, or any ])art thereol, became forfeited to the United States. ;]d. D(Miies that said schooner, her captain, oflicors, and crow, or .any one of them, were found engaged in killing fur scial within the limits of Alaska Territory, and within the waters thereof, in violation of section I'JfjO of the Kevised Statutes of the United States, as set forth in said libel of information, or at all. 4th. Denies that thej' killed any number of fur seal or other fur-hearing animals within the waters of Alaska, or the Territory of Alaska, or iu any part thereof. r)th. That all and singnlar the premises herein arc true. Wherefore said master prays that this honorable court will be pleased to pronounce against the libel herein, and that the same may be dismissed with costs to the claim- ants to be taxed. W. Clahk &, D. A. DiXOI.EY, Proctors for Claimant. United States, District of Alaska, ss : Hans Guttormson, being first duly sworn, says lie is master of the schooner Thornton, that he has heard read the foregoing answer and knows the contents thereof, and that tile same is true of his own personal knowledge. H. Glttormsen. Subscribed and sworn to before me this 'J-id day of September. A. D. 1880. Andwkw T. Lewis, Chrk of the U. S. Dixt. Court fur the JUstrict of Alaska. On tlie 4th day of October, 18S0, the motion cited, page 5, was returned with the following iadorsement : Sitka, Dtslriet of Alaska, ss : lie it remembered that, in oliedienci' to tlie annexed nioiiition, I hasi' attached the within described jiroperty and now liuld the same in my jiossession subject to tin; or- (U'r of this honorable court. And I have given due notice to all jiersons claiming said ])ropeity to be and ai)])ear before this district coiiit on (lie4tli dav of October, IS-iii, at 10 o'clock a. in., if the same shall lie a day of jurisdi('tioii, otherwise on tluMicxt day of Jurisdiction thereaf- ter, then and there to niakt! their claims and allegations iu that liehalf. And I hav(< caused sai((. 'I'ho maVHlial liaviii;; rctiiniod on tli(> iiKinitioii iNSiK'd to liiiii in the alinvf-tMititlcd iiL'tion tliat in oitedicnc*! tlieicto lie lias attaclifd tliti naid scliooiu'r Thornton, licr lackli', appart'l, Itoals, carj:!!, and I'nrnitnri', and lia.s f;ivfii dno notict! to all lUirHons claiming; li»xpouas lie is- sued to the marshal coinuiandinjjj him to sell all of the said jiroperty and brin^ the ])ro- ceeds into thiscourt to be distributed accordin<; to law. Costs to bo taxed are awarded against said claimant. Lai^vyivitk Dawson, JJinlrict Judge. Dated October 4th, \^&i\ Done in open court this 4tb day of October, I'^^li, at Sitka, district of Alaska, United States of America. Clerk. On the same day was tiled the following motion to set aside decree : IX THK UMTKO STATKS DISTRICT COt'KT KuR TIIK DIST15ICT OK ALASKA. Unitid States vs. ./. I). If'arrcn and Schooner " Thornton.''' Motion to fict amle decree. Now couK* W. Clark and 1). A. Dinjjley, proctors iuterveuinj^ for iiiid in behalf of tile claimants herein, and moves the court to set aside th(» decree rendered herein for the reason that the evidence |iroduceil mi behalf of the United .States is wholly insiif- licient npcui which to base said decree, \V. Cl.AKIv A: D. A. DiNGLKV, I'roctom for Vlaimnut. Which motion was overrnled by the court, and on the same day was filed the followin.in[ilcti' tianscriiit of the records herein, as the law retiuires, W. Clark & D. A. Dixtu.KY, Proctors for Claimant. . 1 « '.• "f », I. J' 48 SEAL FISIIKWIKS IN ItHUINO SKA. i^ On the 9tli day of February, 1S87, Wiis entered the tbllowiii;;' order : III Ihr iiiiilirr of tlv f'liilcd Slulm vs. Srhnoiivr Oiiininl, I'lixc .Vo. •!!* ; S:ilinoiirr Tlionitoii, CiiHc. So r.d; .Sfliooiwr Citrolciid, (.'use Xo. ii\ ; Schnoiiir San J)iriii>, Ciisv .Vo. T)"^ ; .trnii (iikI AmiiiHiiil'iiiii Sclir. Siirra, .Vo. ."»/ ; .!/•//(.' uml .Iniiiiiinilivu Sclir. San Dirrjo, Xo. 5"^. Ill tilt' iil)OV(^ ciiiiscs, ii)ioii motion of tho iittonicy tor tho Uiiittul Slato.s iiiid iir;;ii- liiciit orcoim.si'l for tliij IJiiifod StatoH and Cor the iiitcrvoncrs in Maid caiisi's, and con- Mid i-yat ion l)y tiiocoiiit, it is til is day ordered I Init writs of vond it ion i exponas do is.sm- frmii tlie (deik of suiil conrt to t lie inar.slial of said district, for tiie sale of tin-, attached vessels, with their tackle, cai';i()es, ami t'nriiitnrc' of wlialsoever desi'i iption, and of the iirins and annnnnil ion attached in said canses, and as to said attached vessels that the sale of the same (e\-cei)t tho schooner San y>i(v/(/, wlii(di shall l)e sold at Sitka) Mliall he niad(! at INnt 'I'ownsi'nd, in Ihts district of Washington Territory, and as to the .seal sUiiis, part , or l)y puldicatioii in some newspaper jiiihlislied at an(di place:* respectively. And that said marshal do liave the moneys arisinj; from such sales, toffether wil h tlm writ cominandin;^ the same, at a district conrt of the United States for this, the said district of Alaska, to he held on the lirst Monday in Septemher, lHr^7, and that, he th(;n pay the same to the tderk of said court. CLKitK's Oi-rici'; U. S. Disr. CuriiT, Disriticr oi' Alaska, Silkn, JUarvh 10, 1887. 1, Andrew T. Lewis, (derk of the said conrt, do certify that the foi'ei. the schooner Tlninilon, her tackle, api)aroram from the commander-in-chief of Her Majesty's naval forces in the Pacific, dated Victoria, liritish Coluiid)ia, August 7, reporting tlie seizure by United States cruisers of three British Co- lumbiiui sealing schooners in Behring's Sea, along distance from Sitka, and that several otlier vessels were in sight being towed in. In conveying tliis infornuition to yon, I am requested at the same time by the ^Ituquis of Salisbury to state that, in view of tlie assurances given in your note of the 3d of February last. Her Majesty's Govern - nient hatl assumed tliat pending the conclusion of discussions between the two governments on general questions involved, no further sei>.ures would be made by order of the United States Government. I hiive, etc., L. S. Sackville West. SEAL riSHKRIHS IN HKKIN(; SKA. 40 No. 10. Mr. liiitiavd to Sir L. S. Snclirillc West. Dki'Artmknt of State, \V((.shiiin, Auijust 1.'5, ISST. Sill: I Iiiivo i\\K\ lioiior to a(!kii<)\vli'ehrin;>' Sea, a lon^ v/r/», of some Hritisli ('aiiadiaii vessels; and iiis lordship directed .voii to state to Mi'. Seirretaiy l»avard that Ilei' Majesty's (ioveiniiieiU f(dt sure that if the pioeeediii^^s \vlii( h were r»'- jiorted to have taken place in the L'luted States distiict conit wei'e cor- rectly described the I'liited States ( iovernnienl would admit, their ille- ;>ality,and would cause reasonable reparation tobeniad(> to the liritish subjects for the w ronj^s \o which they had been subjected and for the losses which they had sustained. JJy a pievious dispatch of the Otii September, you had been desired to ask to be fuinished with any particulars which tla^ llidted States (JovernnuMit mi;:ht jaisscss relative to the seizures in question; and on the loth October you were instructed to eider a )U'oti*st on behalf •)f Her Majesty's (Jovernnient, and reseive far eonsi ss to iMr. Jiayaid the concern of Her iMajesty's (lovernment at the d day, and to urj^e the immediate attention of the rnited States (lovei imeiit to the action of the American authoi'ities in their treatment of tl I'se Ncssels and of their niasti'is and crews. On the 3d Febriia y 'Slv. ]>ayard infoinied you that the record of the judicial i)roc<'eayard informed you, in reply (iL'th April), that the ])apers r*'- ferred to had i'eache71, con- tained the laws of the United States in relation to the matter; ami that the reji'ulations were bein<; considered, and he would inform you at the earliest day -possible what had been decided, so that British and other \essels mi>;ht iiovern themselves accoidiiij;ly. In Vi;'W of the statements made by 31r. JSayard in his note of the 3d February, to which I iiave referred above, Iler ^Majesty's (lovern- ment assunu'd that, ixMidin;; a conclusion ot the discussion between the two (iovernmentson the ,i;eneral (piestion involved, no further simi- lar seizures of IJrifish vessels would be made by order of the United States (iovernment. They learn, however, from the contents of Mr. Bayard's note of the l.'ith ultimo, inclosed in your dispatch, >.'o. L'ir>, of the l.'ith ultimo, that such was not the nieaninn' which he intended should be attached to his communication of the lid February ; and they deeply ref^ret \o find a proof of their misinterpretation of the intentions of the United States Government from an announcement recently re- ceived from ihe conimanderinchief of Her ^Majesty's naval foi'ces in the racific, t.iat several more British vessels engaged in .'seal hunting at SKAL FISHKHIKS IN UKKIN(} SKA. 51 in I'.chriny's Sea have liccii seized when a h)n;;' distance fVoni hind l)yan Ai <'an revenue vessel. Miijestv's (loveniinent have carefully eonsidi'ied the transcript record of the judicial proceeding's in the I'niti'd States district court in the several <'ases of the schooners ('(irolina, Onicaril, and 'I'lunnton, which were communicated fo yon in .Inly, and weni transmitted to mo in your dispatcli, No. HKI. of the iL'th of that month, and they can not lind in them any Justilication for the con, 115, and 70 miles, respectively, south-southwest of St. (rcorji'e's Island. it is not dispnt«'d, therefore, that the seizures in (piestion were eilected at a distance from land far in excess of the limit ot" maritime Jurisdi(!- tion, whi(!h any nation (sin claim by intermitional law, and it is hardly necessary to add that such limit can not be enlarji'cd by any mnni(!ipai law. The claim thus set ii]) api)ears to be founded on the exiM'ptional title said to have been convey«'il to the tJnited States l)y IJussiaat the time of the cession of the Alaska Territ(uy. The pretension which the Russian (iovernment atone time put forward to exclusive jui'isdi(!tion over tiie whole of iJehrin;^' Sea was, however, never admitted either by this country or the Cnitcd States of Ameiicia. On the contraiy. it was strenuously resisted, as I shall i)i'esently show, and the American (Iovernment can hardly claim to have received from Kussia rij;hts which they declared to be inadmissible when asserted by the Iiiissian (Iovernment. Nor does it appe;i from the text of the treaty of 1S(I7 that Russia either intended or i)ur[)()rted to make any such jirant, for by vVrticle I of that instrument Russia ajjreed to c(Mle to the United States all the tenitory and dominion then possessed by Kussia "on the continent of America and in the adjacent islands" within certain jicoffraphical limits described, and no mention was made of any exclusive rijjfht over the waters of iJehriufj' Sea. ]\loreovei', 'vhatever rifjhts as rej^ards their respective subjects and citizens may be recipro(!ally conferred on the Russian and American (lovernments by treaty stiimlation, the subjects of Her Majesty can not be thereby alfected, except by si)ecial arran^iement with this country. With re<;ard to tlie ex(!lusive claims advanc(ul in times ])ast by Rus- sia, I transmit to yon documents communicated to the United States (Joufiress in l.SL'l', wliiidi show the view taken l»y the American Govern- ment of these jnetensions. In 1S21 tlu' kmperoi' of Russia had issued an edict establishin<; "rules for the limits of navij^ation and order of communication aloiif; tlie coast of the eastern Siberia, the northwestern coast of America, ai».vl the Aleu- tian, Kurile, and other ishnms." The nrst section of the edict said : Tlie pnrsnit of roiiitiierco, wlialiny:, ami lisliinji', iiiul of all other industry on all islands, ports, and uulfs, imdndinji- tlio wliolc of tin- noitiiwcsl coast of America, l»f- Kinnini^ from I?' i.iiini;- Straits to tlie.'jlst > (lie cojist and isijinils lieloii;;iiiii to K'ussia, as stated i-oo'.c, Itiu also to approaeli tlieiii within lesi* tlian loo Italian miles. 'I'jie t raii>^u .^.sor's vessel is siiliject to eoiiliseatioii, a!(tnjr 'A itli tliu wliolc! ear;;<). A copy or tiicsc i«'j;uliitions was odicially (■oiiitiniiiiciitcd to llie Ainori- caii Si'ci'Clar.v of Stale liy llie liiis.sian minister at Wasliiii.'r'^oii on the 1 Wli Fehiiiary, 18-JL', \v!ier('it]i(ni ^Ir. (ijuiiicy Adams, on tlie' itli of that month, after intonniii^' liim thattlie IMesidi'iit of tlie United Stiitesliad seen with surpiise iht^ sisseition of a territorial chum on the i)ai't of K'nssio extendinjr to tiie hlly-tiist debtee of noi th hititiidc ::•! the Amer- ican continent, aiul a re;jnlal!on interdictin^i" to all comme:'('ial vessels othei' than Knssian npoii the penr.'fy of seiznre and (!onlisi;;roach npon the liij;li seas within 101.' Italian niiles of the shores to which that claim was made to apj)l.\, .vent on to say that it was ex- pected, beloieany act wnich slajiild deiine the honmlaiy between the ter- ritoriv« of the United States and Jiiissia, that the same wonid have beei! arraiijicd by treaty between the ])arties, and that "to ex'diide the ves- sels of American citi/cns Ironi tlieshore beyond the ordinary distanceto which territorialjurisdicrioncxtended hasexeited still }>reater surprise;" and V.v. Adams asked whether the Knssian minister was a>ithori/ed to .i.',ive explanations ot the -' j^ionnd of ri;;id upon ])rinciples jnenerally recognized by the laws and nsa<;es ol nations which can warrant the claims and rcmdatioiis." Tht^ K'lis.vian mini>h'i' in his I'cply, dated the L'Slh l''el>rnary, after ex- plainin^j how Knssi:' had acrpiired lief jxtssessions in ><'orth America, said: 1 on;;lit, ill tlie last ]>laee, to request yoi: to coiisiilef. sir, tliat tliei Knssian posses- sioiis ill tile i'aeilie Oeeun extend on the northwest coast ol" Anierica Iro'n liehrii ;;'s Strait to the .'ilst de^^ree, il' iio.th latitude, and on the ojijiosite sidi^ of Asia and the islands ;id jaet'iit (Vomi the same st rait to I he l.^t h de;;ree. 'the extent of sea ol' wliieh t liese ]i(is.>essions form the limits eoniiirtdii'nds all the 'oiidit ions whi h are ordiiiaril v at taidied to sliiit seas(' mcrnj)'nii(rfi'), and the linssian (io vein men I mijiht ('onsei|neiit 1 y jnd^c itself aniliorized to exercise upon this sea tin' rij^ht of Hovereinnty, and eiii>e- ciall\ (hat of entirely interdietinj;' the entrai:ce of fe:.;irohibirsna(led that the oiti/.ons of this Union will remain mimole.sted in the prosecution of their lawful ;'oiniii(rce, and that no etfect. will he ;;iven to au in- terdiction manifestly iucoinp.ilihh^ with their rij;hts. The convention between the United States of Aruerica atid Knssia of the 17th April, 1.S2I, ]>nt an end !>) any farther pretension on the jiart of SEAL FISHERIES IN P.ERING SEA. 53 'r. Uussia to restrict r.avi<,fation or fisliitift'in lU'hriiif; Sen so far as Aineri- Ciiii citi/ens were coiieenied; for by Article 1 it was i'jjreed that in any l)art of the (heat (Jceaii, cotninoiily called the l*a<;ilic Ocean or Soiitli Sea, the respective citizens or subjects of the hij^h have sulfered in consi'tjucnce, and issue immediate instructions to their naval oilicers which will i)revent a recurrence of these rei^n ttable incidents. I am, etc., Salisiu iiv. No. IS. .S'//- L. S. ,S(tcl:rillc West to Mr. lUiyard. ^.KiTTsii Legation, Wosh'nuftoti, S>'i)temhet !'!>, 1SS7. (Ueceived September L'9.) Sill: 1 ha\' the honor to inl'onu y.)u that Ib'r .Majesty's Government have been <»iii«MaIly informed tliatt'.ii British vessels, mentioned in your note ot me ."M of l-'ehniary 1;: 1, have not been released, and that I am instructed to incpiire t!u' reason for tht^ delay in (ioinplyin;,^ witli the orders sent to this elfect, as staled in your above-men! ione ptverrior jjeiieral of Canada for IransmissioM to you. Lord liaKsdowne states that this lett;>r cami^ into th(5 possession of the Canadian {joverunuMit throuj::h the captain of the sealin*; schooner Alfred Adams, to whom it was tjiven by thi' first lieiitiuiant of the United States revenuec'itter h'ichitrd Hush, after boanliii}^ the said schooner and cuutiscatin^ the skins aiul arms contained in her. 54 SEAL FISIIERIP:S in 15ERING SEA. IJis excellency adt indrshal of Alaxka. Xo. 20. Mr. Baijard to Mr. (larland. lJKrAIlT:\IKNT OF STATE, Wasliiiifitoif, October 7, 1887. Sir : I hav«^ the honor to transndt to you herewith, for your inlbrina- tion, a copy of a note to this l)ep;irtment from the British minister at this capital, inclosing a letter, aiMressed to the I'liiled States district attorney aiul the llniteed if you will kindly (raus(» this Depart- ment to be furnishetin{; that Her ^Lijesty's Government had been oHicially informed that the Jiritish vessels referred to in my note to you of the ."Jd of Feb- ruary last had not been released, and ii, hy \\h' United States cruiser ro>/c/y/, in Behrinj;'.s Sea, I have the honor to inform \ou that I am now further instru(;ted to make similar representations in tin' (lases of the llritish (.'olumbiaii ves- sels Grncc, Dolphin, and U'. /'. Sniiirard, s(M/ed lately liy the United States revenue-cutter Uichord L'u.sit, ivul at the same time, as in the JlO* SEAL FISHERIES IN BERING SEA. cases of the Onirard, ('arnllna, and Thornton, to reserve all liglits to coiui)eusatioii on behalf of the owners ami crews. I ai.i also instrncted n. i)()int out to .vou that accordinf; to thedei)osi- tion of the mate (*f the U'. P. Scn/icarein;j tln'n from HO to 10 niil''s otV this neareist l;ind. We were taUeii in tow to Onnal.isk.-i. whi'rc! we arrived on tins 10th of .Inly, ;iml they laid ns a!onj;side tins ste.-nner St. I'aul, Itelonj^ing to the Alasls.i Com niercial ('oni|)any. Thi'y reinovecl tins scjil skins ami took them ashore to the wh.aif ami pat them in the comjiany's w;irelionse, and they resalted the skins with s.alt taken from onr vessid. 'J'hi'V put an ollicer f" )ni the 7i' i/«/i on lioaril .ami towed ns ont to sea and told ns (o go to .^^itl^a. \Vo ariived there on the "Jvid .Inly, and on tins next day ;in investigation was held before .hnlge Dawson, who hound ns over to appear on the '.i'id of Angnst for trial. Tlie vessel was left in charge of the I'nited States ollicers, an icave to inform you that I have this day received a communication from my coHea;,'ue, th<' Attorney-(Jeneral, inforunnj^j me that his tele- firam to the United Staves marshal at Sitka, of .January li() last, order- iu;f the release of the Jiritish schooners Onward, Onrolcnn, and Thornton, owinjif to some misconcei)tion and mistake on the part of tlie ollicial to whoiu it had been addressed, had not been acted upon. A renewed order has ffone forward for their reh'ase, as has been dis- tin(;tly directed last danuary, and\viii(di I had no reason to doubt had boen iir()m])t'y obeyed. In my note to you of the 11th instant, 1 stated it to be my imi)r«'s- sion that no hindrance to their icpossession by the owners of the \essels named existed. This imjuession it now ai)i>ears was not well founded ; and as my object is to ^ive you the fullest information withic njy ])ower in relation to all transactions touched in (tur correspondence, 1 hasten to communicate the latest report made to me from tlie Deparl- nuMit of Justice. I take leave also to express my reorct that any mis(M)ncepti()U of the intentions and ordersof the President should haxc delayed tiieir promi)t execution. I have, etc.,. T. F. I{AVAR1\ • ■» , -i No. L>0. Mr, Bayard to Sir L. S. ISachville \Vr,\f. ])Ei'AR'i3iENT t)V State, \Va,sliin(/fon, October !.'{, 1S87. Str: I have the honor to acknowledge your note of yesterday, in re- lation to the cases of seizure of the IJritish schooners Onward, Varo- lena, and Thornton, in Jjehrino- S(ni, by IJiuted States revenue vessels, in Aufjnst, 1880, and also your instructions to include by similar rej)re- sentatioiis the (^ases of the British Columbian vessels Orace, J)olphiny and W. r. Sayward, seized by the United States reveiuie authorities , »' 58 SEAL FISIIKRIES I\ BERING SEA. in IJebriiif? Sea, with notiflciitiou tliat llor ]>ritaiiiiic ^Majesty's Govern- ment reserves Jill right to compensation on behalf of the owners and crews of the above-mentioned vessels. The allidavit of the mate of the W. P. Wayward has been read, and the facts tiierein stated will be at once investigated. 1 have, etc., T. F. Bayard. No. 27. Mr. Bayard to Mr. Graland. [Extract. ])E1'ART3IENT OP STATE, WashiiHjton, October 13, 1887. Sir : I beg to acknowledge yonr commnnication of yesterday's date, by which I am snrprised to learn of tlie failnre of tlie United States marshal at Sitka to obey the instruction of the President of January L'O last, for tiie immediate release of the British sealers Omcard, Caro- Inia, and Thornton. 1 have felt it to be my duty at once to communicate this information to the ]>ritish minister at this caitital. 1 have, etc.. T. F. Bayard. Xo. 1>8. ^[r. (iarland to Mr. Bayard. Department of Justice, Wash'nu/fon, October 15, 1887. (Received October 17.) Sir : I have the honor to say, in reply to yonr letter of the 13th in- stant, in relation to the release of the vessels Carolena, Onward, and Thornton, that before your recpiest was received 1 had repeat(Hl the in- structions by telegraph to the marshal for Alaska, and since its re- ceii)t have, as you suggested, supi)lemented the telegram by a letter, both of the.se communications directing that the instructions of Jan- uary last be carried out. Very respectfully, A. II. Garland. No. 29. Sir L. «y. Sackville West to Mr. Bayard. Washington, October 10, 1887. (Received 0(;tober 21.) Sir : I have the honor to inform you that I aiu instructed by the ^Marquis of Salisbury, Her Majesty's i»rincipal secretary of state for foreign alfairs, to ])rotest agaiiist the seiznii' of the Canadian vessel Alfred Adams, m Behring Seas, and again.st the continuation of simi- lar proceedings by the United States authorities on the high seas. I have, etc. L. S. Sackville West. SEAL FISIIEIiIES IN BERING SEA. 59 Xo. 30. Mr. lUiyard to Sir L. S. Knckrille West. DErARTMENT OF STATE, Washhifjton^ October lil*, 18S7. SiH : 1 liad the honor of receiviii<;' last evoniiijjyour note of the l!>th iiistiuit, conveyinj;- the instruction to you by the JMarcjuis ot Salisbury that you should i)rf)test against the seizure of the Canadian vessel Alfred AdoDis ui Ijeiiriufjf Sea, and a<;ainst the eontinuaiic'(M)f similar lu'oceedings by the United States authorities on the hiyhseas; and I have, etc., T. F. Bayaud. « ■> Xo. ;n. Sir L. IS. USachrille West to Mr. liat/ard. Washington, Octoljer IMJ, 1S87. (Received ()ctol)er 27.) Sik: With referen(!e to my note of th«^ lUtli instant, protesting; apiinst the seizure of the liritish scliooner ^(/Vcf/ .•l^/(n«,s', 1 have the honor to transmit to you herewith (;oi)y of the rejjort of the Caiuulian minister of marine and lislieries and other papers relating thereto. 1 have, etc., L. S. Sackville West» [Iiulotsiire I.l i:i;i'()i:t ok ckokck i;. rosri;!:, canadiax ministki: ok vahin;-, and kisukuii'Ss DlCrAKT.MKM (IK ElSIIKlilKS— CaXADA, Oltaini, SijtNmber la, 18>7. "With it'Ccrciici' to ]ir('vii)iis cori't'siKHKlciiv c coiicciiiin^^ tlic sfiziiic and tli'tcntioii of Canadian scalinji vi't-scls by the L'liitcil States aulliorit ifs in lifluin^- Sea. tlif niini.stiT of inarint! and li^Iicrics bcj^s to snltinit lor the ((insidtiiUioii ol' ids cxctdlenfy tlio i^ovt'i'Mor-jrciu'ral in council, tin; lollowin;;' n:>;'' is: ((() A letter from Collector Hainle.\, ol' Victoria. 1'.. ('., dated Se]itend)er 1,1H~7, in- (dosinjf certain papers in referoncc to the .seizure; of the Citnailiiin sealinjj; schooner Alfred .(rfcufis in Btdirinji Sea, (/») The deciariition of William lleiiiy I)yei-, of Victoria, British Columbia, inaHter of the Canadian schooner Al/rtd Jilaiiin; (t) A certiliciite of sei/,nr(; of the Al/iril .iilniux, siij;iied by L. (J. Sliejiard, captain of the United States rtn'eiuie steamer liiixli. (fii t(de;;raiii and order purportinji tobe from the Ijiited Slates .\lfoiney- (leiii^ral and Judge Dawson, resiiectively, relating to the releast; of the abosc-nametl vesselH, iind (fl) A letter dated Septeml)er I?, IHW", from the liivv linn of Drake, .lackson iV:. Helincken, of Victoria, containing addition;il inforimitioii relating to the same. From the above-mentioned papers it appears that on the (irh August, IHiJ, the Canadian schooner .•W/*'((i . I (/(i»is, whilst engagiMl in catching seals in the optru scsa more tlian fjlt miles distant from the nearest land, was tbrcibly seized by an armed vessel of the United States, Inn- shiji's jtapers taken, her cargo of seal skins, 1,:?h() iu number, together with all her arms, ainniunition. and lishiiig implements transferred t(» the United States cutter, and her captain ordered to proceed, with sealed orders, to i7 GO SEAL KISIIEHIKS IN BERING SEA. Sitka, and lo doliver liiiiiHclf, liin vessel ;>iiil incii. into tin; Iiaiwl of llin riiited States iiiai'sliitl iit that )ila('i>. 'i'liin tieatiiii'iit of tlie Alj'nd Adaiiix whilst peaccalilv i>iirsiiin;^ her iiiwriil calliiij^ on the hij;h sfas is Init a re|»ctiti(>ii of tin; imjiistifiaiile sei/iiri's ol' Caiiatliaii vcsMils made iiy th*i IJnired States authorities in ISeiirinj; Sea, and wliiciii liave lieen dealt with at leiij;tli in ]>reviouH rejioi'ts to eoiineil. 'I'he minister, therefore, does not consider it necessary in this instanee to traverse the ers attached, he for\vard(Ml to Her Maj(!sty's (iovernniei\t tor their earnest and immediate consideration, and that a c()i)y thereof he svnt to the Hritish minister at AVaHliiniiton, to;tether witli the sealed letter j^iven hy (;a|)tain Shepard to the master of tiie .Idttmn, with the reipiest that it lie forwarded (o Mr. Secretary Hayard. With reference to the attaehiid jiaiiers )l, E, and (i, the miidster ohserves that from th(^ lirst (E) it aiijiears that in(|iiiries made hy the collector of cnstonis at Victoria, Jti'itish Colnmhia, in .Inly la.st, resnlted in his ohtaininj:; the information that .Indole Dawson had np to tliat dat(» received no orders for the release of the Canadian seal- iiifj vt^ssels seized in lr>it), that th(» vess(ds had not heen sold, and remaineil still nnder Htd/nre, and that .Jndji(^ Dawson, when (piestioned as to tlie report that a telei;ram liad heen sent to him hy the Attorn(\v-(ieiier;il of the Knited States orderiiij; tiie re- lease of tlie vessids, had replied tiiat lie had heard of this report hefore, hnt that ncdiiinjj; (d" the kind liad rea( lied ei I liei' himself or the I'll i ted Stat. 's marshal at Sitka. The paper marked E ])iirports lo lie a copy of a telejrram dated .lannary "Jd, l"'"**. from the I'liited .States At torney-(i"n<^ral (I.trland to,lndawson, ordering; him to rcdease the vessels seized in .Viijiiist iireeedin^, and of an order founded thereon from Jiidjfe Dawson to the United States marshal at Sitka hearinj^ date Etdirnary U>, IMHT. (lirectiiifi; liiiii to "release the CtiniVnia. (hiwanl, Thiiriiton, i\i\t\ San />i(7/f>. to;i(dher with all vheii- tackle, apjiarrd, skins, ^iins, ainmnnilion. small hoats, an 1 everythin;; pertaining to said vess(ds.'' The third p.aper, marked (!, is a cojiy of a le.ter from the law tirni of I)rake, .Ja(d-mentioned pa]iers is eoirecl, of which there appears no r(;asonahlu doiilit, it. reveals a state of affairs hy no means satisfact(.ry. On the lid of Eehrnary, l"^-'?, Mr. ."secretary I'ayard informed the Hritish miiiisrer at W.Mshinjiton tlnit " orders have heen issued hy the I'resident's direction for the discontinn.-ince of all ]iendin;^ proreedinijs, t he disidiarji'i^ of tiie vesscds referred tnisue in their treatnieiit of foreijiii vessels sealiiiy; in Hehrinjj >*»ea, hut that these etforts proved alto;;etlier iinavailinj;'. Eroni Mi. n.'iy.-ird'scommnnication of Eehrnary '.{, 1HS7, altove I'eferred to, the fair inrerence, however, w.'is lo he diawn tliiit until the (|uestion in disputes het ween the two (Joveiniiieiits as to the leijality of the previous .s\ its citi/cns. The ^\llole respectfully snhniittcd. (iico. v.. FosTKi:, Miiiinltr of Murine (iikI I'iiilnrica, 1 Iiiclosiirc 2. 1 Mr. Ihiiiihi/ Id Mr. J'antir. CfSlO.M-IidfSK, litlorid, Jul II -JC, lt87. Dkai: Sii! : Ca)itain Carrol, niasler of the Anieiican steamer Oli/nijiia)!, lias' heei*' takiiifj; jiarties of excursionists to Sitka and J asked him to see the Jiid^c, Mr. ])aw- >oii. ami tind out soni('thin;f we could trust lesiiectinji the seiyed \ cssels. Dawson told him he had received no orders whatever for the release of the vessels — they haVl^ not lieeii s(dd— and remain as they weii', innler sei/.iue. Captain (arrol tnid Dawsdn of ilie telegram dated lust .laniiary, iiiir];ortiiij; to lia\c heen sent hy Mr. (i;iilaml. Attoriiey-( ieiicral at W'ashinjilon, in th.e I'lesident's name, ordering ll!t^ \i'ss<'is to h»> leleased. Pawsoii saitl he hail heaid of il i>efore .'iikI that it must have heen. as he lernied it. a " put ii]) ihinjc" as nothini; of the kind had reached either iiimsrlf ur the I'liiled States marshal at Sitka. The serious jiart is tliat tnir pi ople. tiiistini;' to the story of the order for lelease, lia\e sent thirteen vessels a;;ain this year to the sealinj; grounds. One has heen seized already and if the otheis fall in the \\ ay of the revenue cntters they will prohahly be seized also. I may perhaps learn something; more Iromthe admiral when he, retnins from Alaska, and if so I will write to you ayain. Yonns, verv trirlv, W. llA.MI.KY. [Iiiflosiiif I!.— (,'iiiiy of til(';;iaiii.l WASlllXiifox, 1). V.,>fa iiuarij 2(j, ld>-7. .Fiidy;e liAi'AYi'.TTl-: Daw.son Jind -M. D. Mali., I'liilcd States diatrict atloriiei/, Sitha, Aliinha: I am directed hy tin' President to instruct ycni to discontiniio any further )»roceed- iu;is in the matter of thesiMZure of the Uritish vessels Caroliiid, Ouunrd, anil Jhoniton, and discharsure 4. — Copy of oriler.j liAiiToN Atkins, I'uitcd St a ten )iiarxltal fvr the district of Alaska: You are herehy directed to release the vessids ('aroliua, Onward, Thornton, ami San I>ieijo, which were seized in lleliriiij; Sea tor violation of sect'on l'.t.')(I, rniled States Statutes, toiJtether with their tackle, apparel, skins, f^uns, amniunitioii, small hoats, ami everything; pertainiuj; to said vessels, this I'Jth day of Fehrnary, l.-iS7. . Laiaykitk Dawson, Diatrict Judge, JUxtrict of Alaska. G2 SKAL FISHKRIKS IN 1iake, a solicitor, is at Sit ka wait injf for I he cases to he heard in conrt. The trial was delaved for the ai'iival ot" the Hiiuli, and she was exiiecteil .'ihont the liej;iniiin;i id' this monih. Mr. Drake, will no doiiht reimrt to the minister of Jiislice. 1 have, etc., W. IIami.ky. 1 also Inclose a sealed letter, addressed hy ('ajitain Shepjird to tlie district ,'ittor- iiey and United States marshal at Sitka, which the master of the Alfred AtlaiiK bront;ht down with him, and which yon can deal with in any way yon think fit. W. Hamlev. [liiclosini' G.l CKUTII'ICATK OK Si;i/.ri!i; 0|- TIIK AI.KKKI) ADA.MS. To ichom il hiai/ riHurni This will certify that Victoria, K. C, Capt. W of his slii]>'s iiajicrs, vi lojr-hook ; also her arms \'ci'y resjicct fully. U. S. IvKVKNlK STKAMKK HisII, JleliriiKj iSi'ii, AKi/iint ti, Id87. 1 iiavo this day seized the Itritish scliooiier Alfred Adams, of U. Dyer, master, for violation of law, and have taken charf^e z, rej;i,iter, shippinj^ articles, clearance, hill id' health, and md seal-skins. L. G. Siirr'Ain). Captain Initcd Slad's licvvnite Marine. [Im:lo.-iun //) (he iiiallir III' Ike neiziire of the sculinn nehooner '' .llfrid Adania," hij the Ciiiltd Slaten rereniie-cKtter Hir.hard Rnxh. 1, William Henry Dyer, of Victoria, H. C, m;ister mariner, do soieiiinly and sin- cerely declare that — (1) 1 am the master of the schooner Alfred Adamn, of the poi't of Victoria, IJritish Co- Inmliia. ent. I'anl. He stated he must oliey ihi' orders of his (io\ rinnient, ;inil that onr (Joveriiment and his must settle the matter, and ordered me to iiroceed on board the said schooner and deliver up my arms, amninnition. and skins, and spears. He sent twti boats belonfjiiig to the liiinh, in charge of the first and second lieiiten- SKAL FISIIKRIKS IN HKHING SKA. G3 nits of tilt' Ii'iihIi, n'spcctivfly, ninl iiuuiiumI wiili Niiilorn fioin tlm JIiihIi, wlio caiiic on lioMid tlio siiid Hcliooncr. (I rctiiriii'd in (•oiniuiny witli the lirst licntciiimt.) I'liry took from till' Nil ill si'liooniT l.lisii skins, J kfj;s powilir (:i tnitic 1' anil I liiaHt - iiiii luiwdcr), ')iMt NJit'lls, :; rasi's caps ami luimns, ;t liri'i'i'li-ioailinj; iloniili'-liarri'lnl sliot-;;iinH, 1 WinclicsliT lilli', all in ;roo(l onli-i', ami I'J Imlian spears, ami lie tlii'ii nave iiif a Hoalcil li'tloi' adili'i-Hseil to llm I'niti'il States inarslial ami I'niteil Slates (listrict attorney at Sitka. He a Is • ;iave me an aeknow leilunient of I he ^iooil.s taken, ami also j;ave me a i eitilii ale that tiie saiil selioom r was nmler sei/iire, ami after lieiii;^ alon;isi(le fur alioiit tliree ami a half hours 1 reiei\cil orilers in writini; to pio- eeed to Sitka and report to t he I'liited States dist I let attorney and inaislial. We then pai'ted i'oni|>aiiy. My crew consisted of myself, mate, t wo seamen, one ("hiiiese cook, ami twenty-one Indians. I'revioiis to the said sei/iire wo had spoken the schooner luilf, of N'ictoiia, and had been informed l>y the mate of tjiat vessel that the ciews (and particnlarl\- the Indians) taken to Sitka on seliooners previously Hci/.ed liad heeii \ery liadly treated. The Indians liecame very nmtiiioiis mi leaiiiiiiLC that we were to I'loceed to Sitka and report to the I 'ni ted States ant Imri ties and declared they would not jfo to .Sitka, and to .avoid IrouMe I came to Victoria instead of j^niiij; to ."sitka. I arrived in ^'ictol■ia on the lilst of Auj^usi. f-isT, at alxmt 7 p. m. And I make this no|emn dec larat ion conscientiously, l«elie\ iiii; the same to lie true, ami Itv virt lie of the oaths ordinance, L*t')',i. W. II. l)vi;i;. Declared liefore me tills isf day of Sejdeinln'r, A. I). ISfT. at \'ictori.i, Hritisl C'oliimliia. II. D.M.l.AS IIi:i,M(K|-..\, .( Xiilani I'lililif ill (111(1 far the I'rorimi nl' I!rilinh ('oliiiiiliia. I IiirliiSMlo S MixHra. Drdkv, •Juckxoii, and Ilt'lmckeii /<< Mr. TIkhiijixoii, VlCToiM.\, 15. v., Scptcmhvr W, lr'~7. Sii! : We have the honor to inform you that we arc in receipt of letter from oiir Mr. iMake, written from Sitka, under date August ti;'), in which he stiitcs that a tele- gram was received at Sitkfi, relative to the scIiooiicih .seized last year, from t he United Slates Attorney-ticiieral (iarland directinj; their release and discliar;;e of the men. 'I'he jiidet^ i^iivc an order accordin;;ly, which was afterwards rescinded on the assiimji- tioii that tile telej;raiu was a foreery. Noollicial letter id' any sort, either conlirmin;; the telejiram or respectin;; the attaii, has liceii leci'ived at Sitka. 'I'lie si hooners now seized and at Sitka are the .liiiid Heck, /I'. /'. Sdiiiranl^ lioliihhi, ami (ii-mc. 'l\w Alfred AdiiiiiH was also seized. The trial of the )ireseiit nicii. Mr. iMake states, would not take ])liicc until after the an ival of the revciinc-ciit tcr Hn^li : also th;it,Jmli;in;i froni the jiast and the views held liy the court, t he resiili would most prohaMy he the same, and iirjfcs that immediate stcjis should he taken to |)reveiit. the im)irisoiimeiit of the masters, and that he would ohtain declarations from the masters duly certilicil, and enter a protest at the trial. 'I'lie HkkIi was not expected at Sitka until yi-sterday. K'e. \esteriiay handed to Hon. Mr. Stanley, collector of customs, tojfcther with a scaled letter, w hicli t he eomniiindcr of t he /i'».s/( lianucd to Capt.aiii ]>ycr to he delivered to I he district attorney at Sitka. These papers, no doiiht, Mr. Stanley has already for- Wiirdcd to the |iro].cr dep.aitmciit. We ha\e since forwarded a copy of this inrorimit ion to the Ki^ht Ilonorahle .Sir •lohii A. Macdonald. K. ('. I!., etc. We have, etc., DiiAivK, .Iacksox & Hki.mckkn. ■, ' j [Iniiosmi' !). 1 Mr. llinhidjic to Mr. Ilardic. DKi-AitTMiNr OK .Ir.snri'., Canada, Ottairn, .SVp/im/ir VJ, 1687. Sii; : I have t lie honor to inclose for yoiii- in format ion ;i copy of a h Iter which has tieeii leceived hy.llie minister of just ice from Messrs. Drake, .lacksor: vV llolnickcn, in which they report with relereiice to the sealiii;;- vessels which have been seized in the Itehriim- Sea l>v the I'liitod States iiiithoritie.'--. >' 64 SKAL I'lSHERIKS IN HERIN^' SEA. 1 I iun to Htnto I'.at \\w iniiii.st*T of JiiHtictt Iiiih tiikcii iin action with rcsix'ct to tliiH (■oininiiiiiciitioii, lint that hi- is ot' the opinion that thtt niiniHtcr of niariutt aixl tlNh- tM'ii's HJioiilil at. his rariii'st convrnicnci' takr Nlf|iN to itiiniiMinii'atc the snh.staiiuti tJK'rcol' to the ('oh)nial olllci' and to the Jiritisli niinisttT at. \VaNhin;;ton. 1 iiavi', etc., (iKoiuii-. W. Uui'iiiniiK, 1). M. J. No. '.i2. ^h•. darlnrnl to Mr. llayard. Dkpautment of .IrSTICE. M'ashington, March 1>, JSSS. (Kcwived .Alaicli 9.) Sni: III «'.\.imiiiiii;,Mli(> (iiicstioii siihiiiittcd to me infoniiiilly l)y yon on yi'stcfdiiy, as Ity tlic iiK'iiioriiiKliiiii iMTcwitli i^'tiiriicd, 1 lie"" loiive to say tliiit tlio bond indiciitod, I am of opinion, can be jjivoii in piirsuancc . The doubt that I had in my mind when the question was lirst sujjjjested arose not upon the mere matter of the general rules of practice in admiralty (!ases, but wlietlier the lioiid could be jj^ive in (;as(;s for direct fori'citurt;, as these are. On examiniii;^' the(!ase of the United States r. Ames (1)U U. S., i». ;>."), (f .vt'7.), .ludo(^ (Millbrd, in delivering,' tiie oitinion of the court, on paoes .)!> and 10, states that the better opinion is that even in seizures' for J'ltrfeitnrc the bond may be executed in the same manner, etc., and I tiiiiik myself that that is the proper view of the (piestioii. The bond to be {jiveii must be after appraistMiient under ord«'r of the court wJiere the i)roperty is liehl, and for the amount of that appraise- ment, conditioned for the return of the property after the (iiial determi- nation of the cases by the courts, and no other kind of bond woidtl be sullicient. Very truly yours, A. IT. (lAIiLAND, Aitorneij iiencral. lliiclosare.] MKMOIiANDL'M. Dl'.l'AKr.MKNT OK STATK, Ifanlnuijlon, Mttrch 7, ItiUS, Canadian scah'tH seem loiinirod to carry njipcai to I'nitcd States conrt, or hy fail" ni'c to do that will forfeit IpoikIh. Can they Ite allowed to l)()nd v(■^s.>seis and skins, \vithont ol)li^atioii to a]i|ieal and peiidinjf delinitu isettlomeiit hetween I'nited States and Cireat lintain f Xo. 33. Sir L. S. >Sac1;viUe West to Mr. JUnjard. Wa.siiiN(tTON, March 20, 1888. (Keceivcd March 29.) Sir : With reference to the proposal that (!oncerted actitjii l>e taken by (ireat Britain, the United States, and other inrerested poweis. in order to i)reserve from exleiniinatioii the fur seals which at certain seasons are SKAL FISIIKIMIvS IX IJKIilNfi SF.A. 05 J found ill IW'liiiri;; Sea, I iiiii icciiu'stcd l)y tlu' Martinis of Salisbury to iiifoiiri you that the Itiissian atiiliassailor in lionilon has Iummi coinninn- i('at«'i. Sii{: I have the honor to acknowled;re the r<'ceipt of yoni' m»te of the 2(Jth instant in which yon inform the Department that the action of fler Majesty's (loverinnent in respeet to the, proposal of this (lovern- imMit, for an arranj^ement to protect the fur seal front extermination in liehrin;; Sea. is not to be taken as an aiieais to tliein dinicult without investijjatinii and vciiticatioii, iiiid tlu'.v tluT'-'forc wish to ascertain whotlier the liiitcd iStatcN tlovt'iiiiiuMit would he disposed to ajjfiee to a mixed (Muninissioii, to be lestri' ted to iiitiiiiiiiij; in each ease whether eomiu'iisatioii is due and tlie amouiw <>f sueh ecuniiensation. ^VASlII^■OT()^•, April IS, IS.S'r.. No. 37. Mr. ]!H}/(trn, April 21, 1888. liesijondiiiji to tlie note veibaU i' Sir Liovel West, dated tlie 18th instant, it is ,sn;j;;:('st('d on behalCof the I'nited State's tliat, as the cases of seizure of iSriiish scaling,' \fssi'ls in IJehrinji Sea, therein refeiied to, are now in court pendiii;; an ai)peal from a jin'.icial decision, it is prefera- ble to await the Jndf^inent of the appellate court in the i)reiuis«'s. No. 38. Sir L. S. SutliviUe West to Mr. Bayard. Wasiiin( ''ON, April 30, 1SS8. (deceived May 2.) Sir: With rel'erence to jjcndin};' le«;al proceedings in the cases of I;ritish vessels sei/.ed by the United States authorities in IWdiring Sea, 1 have the honor to inlbrm you that i am instructed by the Mar(piis of Salisbury to i»ropose to the I'nited States (lovernment that the time limited for the i)rosecution of the aj.i)eals in these cases shoidd, by con- sent, be extencb'd for such a jjcriod as may permit of a settleuuMit of tlu^ claims in (juestion by diplomatic lu'j^'otiation without prejudice to the ultimate lejial remedy by ai)peal, should such nej^otiatioii be unsuitcess- ful, and that the vessels and skippers should be at once released on security. It is understood, ineal, provided tlie sureties are citizens of the (iiited States and resident therein, aiut un- der these circumstances the ])roposal for an extension of the tim«^ limited for such appeal is snbmittetl, in view of any diplomatic nef^otia tions winch may ensu.; havinj,^ lor object satisfactory adjustmeiit of all unitters coiuie(!led with these cases. 1 have, etc., L. S. Sackvillk West. SKAL FISHERIES IN HEKINr SKA. 67 No. 39. *S'(> L. S. Savkrille West to Mr. Baijard. Washington, May L*r>, 1888. (Kowivcd May 20.) Sill: Oil the 3()tli of Ajuil 1 had tlio honor to achlross yon, as in- strnctLMl by the Marquis of Salisbury, on the subject of the apjieals ])en(linj( in the cases of Jiritish vessels seized by the Tnited States in IJehring's Sea, and Her [Majesty's (loverninent liave now requested nie to ask you for a reply to my above-mentioned conuminicatiou. 1 have, etc., L. S. Sackville West. , 1 No. 40. Mr. Bayard to Sir J.. »S. Saclvillc Weyf. Depautment of State, Washinfiton, May 28, 18S8. My Dear SiH TjIonel: In regard to the ineals taken in the judiitial court in Alaska from decrees in cases «il llritish vessels seized by the ITidted States revenue ollicials in IJehring Sea under <'harges of hav- ing violated the laws of the I'nited states regulating the killing of fur- seals. I must excuse myself for the delay in .naking reply to your note of April ."JO, which was eaused by my desire too!>tain tioni yon a \eri»al explanation of what appeared to im-an inadvertent expression contained therein, from which it appearetl that the "skippers" were held under arrest as well as the sealing vessels. In my |)ersonal interview with you to-day it became mutually under- stood that there has been and is no such personal detention i:i any (»f the cases, but the proceedings have all been in rem against the \osels Noemployed and tlieir onttits. The suggestion of the Marquis of Salisbury that the time limited for iln^ prosecution of the appi-als (i'utei'ed alr<'ady or proposed to be en- ured) in the (!ase.s referred to should be extended in order to give an • il»portnnity for a dijdomatic settlenn'iit will meet with favoralile con- (J8 SEAL FISIIERIKS IN UKRING SEA. sidcratioii witliiii the limits (»f tlip statutory provision in relation to the docketin^i' and in'osccntioii of aj»i)(>als. While it is not within the ])o\ver of the Mxe<'ntive hrancli to alter rr extend the statutory limitation in )(s]it'etof the time of enteiin;j such appeals, yet so i'ar as ajiicement of l)olh ])artieH nuiy ])revail in pro- euriiif; i)ost])onenuMits ol the aijiuments and pleadin<;s after the appeal has lieen duly tak.ii, I ap]»i«'hend that there will be every iiisposition on the i)art of tlu^ ])roseeution to {jive time for atie arran;ieii.ent. Aece[)t, sir, ete T. K. Havard. No. VJ. fSir Jj. iS ^Suchfillc West (i> Mr. lUiijurd. I Mciiiiiraiuliiiii.l Wa«1I1N(JT0N, Mail 28, ISSS. (Keeeived May I'M.) In the eases »»f the eondemned liehriiij; iSea sealiny' vessels and their earji'oes, it appears that the jtroetois l(ir some (and possiidy all) of the ISritish s«'alers tailed to tak<' an appeal from tiie decrees of condemna- tion entered h\ the district court at Mtka; cdusefpu'ntly t lu'y have lost the heiM'lit of the At torncy-tieiieral's order jterMUttin;;" release of tin* property on bond ]iendiii,iLr decision »)f the appeals, ami as the decrees luive become tinal. haxc nn otlur than a diiilomatic remedy left. lO. Mr. lUiijard to Sir L. S. iSachvillr West. Personal.] DKl'AK'lMHN'r (IF Sl'A'rK. Washiiifftoii, Mill/ ii!>, 18SS. Di'.Alf SiK l-i<)Ni;i, : I have Just sent you a reply to your notes (ollicial) of April M) an( May 2."i relatinji^ to appeals in the cases of sei/.uie in |{ehrin<;: Sea. I ha\t' this moiui'iit received your note of today iuclosiii<; a uumuo- randum to the elVect that by reason of the failure of the proct«)rs of the vessels so sei/.ed, no appeals fiom the decr»'es of coudemnation have i>»'en eiiter<'d, and thetiuu' fixed by law lor doinj; so havin;^' expired, iion«> other than rt'lief thiou^h diplomatic (diaiimds remains. It is mu(di to be re;;rctte(l that the order of the Attorney( ienc»al resp«'(!tiut; a<;ceptance ot security and release ot" these vessels had not been availed of by these parties. I will, however, write at once to my <'olleaj,Mie, the Atiorneydeneral, and wee what remains to be done in his Department. \'erv trulv. \ours. T. F. I5AVAR1). SKAL FiSIIEKIES IN 15KRINU SEA. No. 44. Mr. Bayard to Mr. CarUnul. G9 Department of State, \Va.shin()t(ni, May -Mt, 18SS. Sill: J liave just received a note from tlie IJritisli iniiiister at this Capital, incloHin^' a ineinoiaiKliim in relation to the case of seizure of British vessels by United States revenue oll/eials in iJehrin^ Sea. I inclose a copy of this nienioranduni and will ask yon to inform me whether there still remains any mode by which the decrees of con«lem- nation can be reviewed. I have, etc., T. V. Bayabd. No. 15. Mr. Garland to Mr. Jiayard. Department of .Tfstioe, Washinyfon, May ^Jl, 1888. ( Received June 1.) SiiJ : I have the honor to acknowledge the receipt of your letter of the liDth instant, inclosing a coi)y of a memorandum from the British ininister- in relation to the cases of seizure of I>rilish vessels in Behrinji Sea, and to say that I know of no mode reniaininj;- by which the ritish ships seized last year in Uehrinj? Sea are bein;; taken to Tort Townseml for sale by the United States authorities. It would seem that this action has been taken in consequence of the jud;,ai of the ilistrict court of Alaska hav- injj refused to bond the owners, upon the ground that their ap|»lication was too late. ^ ■ ■'— ■■ ^ The iMarcpiis of Salisbury has ngw requested nie to ask riie'United States Government to postporu* the sale of the said vessels pendinj^the settlement of the question of t lie le^'ality of the .seizure. 1 have, etc., L S. SativVille West. 70 SKAL fishp:riks in Bering sea. from on No. 47. Mr. Bayard to Mr. Jenlts. Dei»aktmknt of State, Wasltinfifon, AiiffUfitS, ISSS. Sir: 1 liinul yon indosi'd a copy of a note this day received by me >m Sir Lionel S. iS. West, the liritisli minister at this capital, in which ...J behalf of his (Jovernnu'iit he asks for a i)ostj)onement of the sale of fonr r.ritisli vessels seized last year in i>ehrinf^ Sea and conn, Amjnst 8, 1888. Sir : I have the honor to acknowledge your note, dated at ISeverly, Mass., on the <>th instant, by which I am informed that in the case of fonr British sealinj;- vessels condemned last year for killini:' fur seal in Alaskan waters in violation of the laws of the I'nited Siat«'s, you are instructed to ask for a postponement of the time for the sale of the ves- sels referred to, in execntio* of the decree. I have already transmitted a copy of your note to my coIlea;,MU\ the Attorney-tJener.d. and will communicate his re[)ly as soon as it shall have been rt'ceived. Accept, etc., T. F. Bavaru. No. 4!). Mr. 'hiiLs to Mr. litnj, 1888. Sir : With further ivferonce to your note of tlie 0th instant, eonvey- injj; the reciuest of the Miininis of Salisbury for a p()sti)onenu>nt of the sale of four Uritish vessels seized in l>ehrinh me, the Actin«; Attorney-General has yoar ajjn was at tlic tiiiKM^xcPssivo, and that their val up, (III :i('<-oiiiit of the iiiclfiiifiit cliiiiatt' of Alaska, lias in tho iiifaiitiiii)- Ix'i'ii constantly ili'liicciatin);, and t lit'i't'l'dic (Icclinrs to liond thciii at hiich aitpraistMiifiit, lint rciint-Mts a new aiiinaiscnicnt, which, if not j;iant«'d, they dcsiri^ tin! Half to ])r(ii't'f(l. Th« owner sayH, howcvri'. lliat ho will tnrnish NaliNlat'tory lionds for the Hchooncr ./»»« Jltck at her jircscnt appraiKi'd value if it can bn cllcctcd, Nulijcct to a llnal settlement of the matter, and witliont the expense of an ai»peal to the Sniiremo Court. Ilavin;^ inysell a practical know led ;;e of t he vahu) of such jiroperty, I fully coineido with the clainnint that tins valuation put on thcHchooners (»;at"c and Doljihiit ai Sitka WiiH excessive. 'I'he schooner .iliiii, Caiit. .1. D. AVarren, of \'ictoria, H. ('., has nolilieil me that he jiret'ers that the (ivnn and liol/iliiii should be sold without further dela\-, d the It /)'(('A' also, unless he e.-tn liond that vessel without instituting an appeal to the .* to lie removed from Tort Townsend to som«< jdaee secure fr to reeomineud. in interest of :i!I concerned, that the vessels, if not bonded, should b(> sold without delay. it is my purpose soon to repair ti I'ort Townsend, 1 lii'rt> to a wait Departnu-nt order.i. N'ery respectfuily, youi olicilicul servant, JiAnriiN ArKiNs, I'liilid .siiitin MuvKhal. No. 5.?. .Mr. liai/ard to Sir A. ,S'. Sacl^riHe West. Dkpaijtmknt of State, \V((.sliiii(/ti>n, Scpfrmhcr 10, 1888. vSlK: KcrciTiiijjj to previous ('om'spondcnce in lolatioii (o llic .sale of the. four Hritish ves.'^t'lH coiHleiiiiied for takiiijr sctiis illicitly in llcliriji^ Sea in 18S7, I have tlie honor to inform yon that I have, rec^oived ii coni- niunieation from tho A(;tiiij? Attorncy-dciit'ial of the 3«l instant, in which an expression of my views is reiiiiested upon the jiropriety of an im- mediate sale of the vessels in view of certain statements made in re^jard to them. SEAL FLSIIKRIKS IN HKRING SKA. 73 As an order lor the ixistponoiiu'nt of tlic. sale and tlic boiidiiijr of the vessels was issued hy the l)ei)aituH'ntol'.Iiistice, in conipMance with the lecjiu'st of Lord Salisbury coniniunicated to this Department, I inclose herewith a eopy of the lettei- of the Actiii}:: Attorney -(Jencral, toj,'t'lher with its inelosures, and will be j^^lad to learn whether, in the lij;htof the facts now diselosed, it is still the desire of his lordship that the sale should not be jiroceeded with. J have, etc., T. 1\ BAYAin). No. r)4. Mr. Jenhs to Mr. llinjanL DKI'ARTMKNT of .Tl.STlCE, Washington, iSejytciiibcr 2it, 1888. (li«'ceived September 27.) Sir: I have the honor to transmit herewith a copy of a U'tter of the 7th instant, from the United States attorney for Alaska, relative to tlie bonding; of the condemned scaling vessels holphin, (trace, Anna Beck, ixnd A(l((, n\s() a coi)y of a letter of the 10th instant Irom T. J. llamiltoti, Tnited States marshal for Washington Territory, whom Mar- shal Atkins, of Alaska, has appointed as his deputy in the ease. Mr. JJamilton reports that the lour vt'ssels are safely mooted at Poi t Town- send, and will be held sid)ject t()lurther instructions ton; iiiii"; their sale. Su}?j;estinjj: that as the season advances the jtrobability of reali/injj: ii fair price for the vessels will be coricspondinjily diminished, and that the expenses attendin;4; their retentittn by the marshal are constantly aceruiu};, 1 respectfully refer the correspondencte for your consideration and siudi recommendations as you dei'iii pioper as to the propriety of their speedy disposal by sale. N'ery resjieetfully, (1. A. .Iknks, Actin;/ Attoriici/dcneral. •.»•• I Illrllisilli- No. 1. 1 Mr. Ilitiiiillnii III Mi\ linrlond. ' 1 DlSTKICT OK WASIIIX(iT()N TKIiltl I (iK"* . OKKlCi; OK iNITKK STAIKS MaHSIIAI., Sratltr, nui,li., ,ScpU;ml)vr Iv, li^HH. Sil! : I liavc tlic honor to stnti- tliiit mi the Ttli iiistiun Harfoii Atkins, v!it\,, UnittMt Stiitrs niaiMliiil lor AIiinIvii, tranHtfi iril to nic tlic (iiMlixly of tlit- coiiilfiiini'fl scliuontTH (Ifdfc, Ditlphin, Anna Hick, and ,((/«, and apiioinlfd nir Ium dcimtv in tin' nsiial torni, and delivered to ino llie (>riy;inal writs of rr/i(/i(i'(»/i i.v}i<>ni\» issncd Iroin tlie I'nited StateH (listrict court of Alaska for I lie sale of said schooners. The vessels an^ safely moored at I'ort 'J'ownsend, and will he held Miilijfet. to instructionH from the Depart- ment tonchinj; their Hah-, or otiierdisposilioti of the naine. \'erv respeet fully, I'. .1. Hamilton. I'nitid Slaltx Mdiihal. 74 si:a[. fishkriks iv iikring ska. llncluHiire Xo. 2.| Mr. (irant la Mr. Garland. IJiSTKiiT <»r Alaska, Distukt Aitounky's Oikick, Sitka, SipUmhrr 7, 1H88. Siu: Yours of August 10, rccciviMl ami iioti'd.diroctinf; In(^ to tukii hmcIi sttijm iis will irail to tilt' l)(t!i(liT)i^ of tilt' I'liiir Mtijilish vckscIh, Poli/liiii, (Iruce, Anna Itivk, :ui(l Ada. I tlon't know tliat you iiiiiitTstimtl tlin sit nation of tlicso cases. No (h^fi'iist' was niatlf ill tlit'iii, tixfi'pi tlm tlfiiinrri'r t)f Mr. l)rakt''s, wliiuli was never lili'il ut a iileailin^. No claim was ever nnitlc on tlic rcconls. In fact no action ever taken flial , justified them in apiieariii;^ at all. Two terms oi court have passcil since, ant! no action taken. Of course if they come in ami ask to apjiear aiitl make (lefeiise anil to litiml, etc., I will act aecortlinj; tt) your Hn;j;;estioii ; hut it will ht! a tpieer-ltiokin;; record if the roiirl :illt(WH them to come in now. Tlu) i>rt)perty w.as all appraisctl. I am infttrimMl that they homlcil one vessel on tlm sound, but refused to litind tlui others hecanse apiiraisetl ttio hi;;h. In the meantinu' the order t"or sale will he recalleil when the marshal returns. Mr. I>rakt^ filed a stipulatiim with Mr. Delaiuy, acting for the I'liitetl States, that if a decret- of ftirfeitnre was entered the vessel shonlil ht^ soltl hclow. 'i'hat is the only paper liletl. Drake wonltln't let his iiam,oii Ihe i^foiiiid tliat their appraisement was too lijoh. Astht^season advances tlui ])robability of reali/ing a fair prici' for the vessels will considerations make it iiroper that a decision in rcfjard to the {lisjiosition of thc^ vessels should sjieedily be reaidied, and 1 have the honor to recpiest that, if it '•. desired to postpone the sale still further, the Department may be a.ssnred at an etirly day that an arranjjement uill be made whereby the vessels may be saved front becoming a lOiSS. 1 have, etc., T. F. Bayard. SKAL riSHKUIES IN UKRIXG SEA. in No. 50. Mr. Gatldtnl to Mr. liai/dnl. DKPAUTMENT <»K .IlSTICK. Washiiiffton, October II, 1.S.S8. (IJoceiviMl October \2.) Smj : I liorowitli inclose (M)i)ii's of coiniiiniiicatioiis icceivcd from W. M. (Iraiit, Uiiited States attorney for Alaskii, I-'rom the facts snhinit- ted by Iiini, in connection with those (!oiitaine«l in my letter of tJM^ L'«»tli of September, I submit wlietii«'r it will not b»^ (>xi)e(lient and for the best interest both of the United States and adverse ehiimants, if there be such, that the vessels referred to be sjieedily sold. An answer is desired at your earliest convenience. N'ery respectfully, A. n. (lAULANI). I Iii('li>f>iiri> N'o. l.l Mr. (Irani to Mr. (Inrlaiiil. DisTiiicT OK Alaska, Disihk t A i ri)i!\F.v's Oi tick. .S|7/.(i, S( jilditlwr '2U, IHrt.-:. ( l^•^•t■iv(■(l <)rlt)h«T I'J.) Sill : Miii'sliiil ri'hirnrd from Port Towiisciid says no vcsHt-l wiis IioimIimI, anil now tin- jtaiticH liavf (onclndcd lint to bond and w ant tlio sale to j;o on, 1>iil I sliall instrncl tilt" iiiarslial to await i list iiic lions from you. How loni; sliall I wait Cor llio jiartics to act.' No owners liavo a|)|icar)'d on tin- ifcord ; the iccord docs not show w lio llicy art'. No i'ake lor " the masters.'' and I'li liis dennirrer as rcjirescnt- ative of (.'anatlian (iov<'riinient. Very resiicctfiilly, Wiirr. M. (ii!AM, Dixlrirl Altitrxcij. \ Iinldsmc N'o. 2. 1 .ii/yiciiii lit lietirci ii tin' I nitcd Sliitit mill llii; iniintirs o/' tin .sclntoiii rs -xiuil in 1-""T. i\ TiiK Kisiiticr cot'itr or nii: ri;i!iirr(>i;v i>v ai.aska. Tilt' fiiiti'd States ik. Ilic I'.ritiHli scliDdiiits I>i'li,l:iii, .iinia Hnk, (Iran-, iiiiil .\tla. Ski'Tkmijkh in, 1887. M. \V. DUAKK. A. K. DKf.ANK.V. Altorniij for thr Ciiited Staten. 70 SKAL IISHKIMKS IN HKIJING SEA. No. 57. Lord S(«Lvillc to Mr. Uni/ay^l. IJevkulv, October I'J, 1S88. (lU'ccivid C)(!tobt'r IG.) Sill: With rt'l'cn'iKH; to corri'siHtiuloiice which h;is i);iss«'(l rolativo tolhci hoiidiiif; of th(^ JJrilish ships (Jrace, Jhilpliin, iiui\ Atnut JUrk, \vhi<'h wen* seized soiiit! tiims siiict! in Jichiiii;;' Sea, and in coniu'etion witli thi* tliioctioiiiS {jivcii by the United States Aetiii;; Altoniey-Gon- eral to postpone tiio sale of tlie sehooneis and to receive bonds in lieu of the \('ssels, I have the lionor to inch)se extra(;t from an appioved rniniile of the i)rivy council of ('anapiaisemenl w as not allowed t he owner desirerop(>rty, I fully coinciile witli the claimant, that the valuation put on th(! schooners (Iraic und Ihiljiliin wan excessive." No. 58. Mr. liircs to Mr. (larland. DErARTMENT OF STATE, WttiiliiHtitoii, (h'tnltcr 17, 188>S. SiU: ]{( lerrinj; to your letter of the lltli instant, in relation to the ])osti)onenient of the sale of the IJritish schooners condemiu'd for tak- iufj .seals in llehrin^' Sea in 1887, 1 have the honor to inclose herewith a copy of a note receivetl yesterday from the Uritish minister, bearing; NKAL FISIIKIJIES IN HKUIN(; STA. i t \vs on the ;iiiiin;;t'nn'nt proposed h_\ tin- Hrit- jsli (iovj'inuK'nf HI rci^iiid to tin* (li.sp;i! ofl lie vessels "' (harr. hoi- 7W(/», and Ainxt lUuk. 'I'lie ai ran;:enieiit referred to is tlia! the I'liited Stati's antliorizo a roappraiseinent ol tin' sclMtoners (inice and holphin, iind that instnwtioiis l»e ^dveii in liie <'ase (»f the Anna lUrl; [\\\\\ bonds ikl* tltit IkVt'llliI* tll'lV Kli •! 1*1 »| • I if lu I Cltllilti't fik tlltfi lillMI Vi it t llilll i • 1 1 t lif tllli 'I'liut tlu' (iwiKT of llu' Jiiiiii Hfvk. (iviiir. initl li^l/iliiii, (';i)it. .1. W. \\';irrcii. of Vic- toria. It. (!., iiotilii'tl iiii- [liiiii ] tliiit li<- |ii<'ti'rs tliiil tlit- (irtnv ;iih1 ])(>li>liiii >li()iil(l In- .xnld witlioiit I'ltrtlicr ili'lay, and tin" .Unia /■'<(•/. also, iiiilfsx lie I'aii l)oii(l lliaf M'ssri witlioiir iiiNJi! iitiii;; an apitciil lo tlic Snpniim Comt or iiiaKiii;; I ln' joiinify toSitl^a till- tliat iiiinioMC. \'eiy ii'spect fnlly, A. II. (lAin.ANI). No. <;(>. Mr. Hai/ard to Mr. (iarlamJ. Dki'autmknt of St ATI"., WasliiiKjtoii, ( htolxr '21 , 1S8S. SiK : IJeteninji to previous <'(M'responden('e eoneernin}.j tlu' dispo sition of tin' Uritish \cssels (Irace. lUtli)hi)i.,i\\n\ Anna IU'ch\ condemned for taking seals illicitly in IJelirin^ Sea. 1 have the hoiioi- !<► a(dlac't' at oner, as |)r*i(iu(;tiv(< ut'loMs. I liavf, etc., T. r. I5AYAUI). No. 01. of Iv ta as Mr. Garland to Mr. liayurd. Dkpaktmknt of .TrsTi(;K, Washi.'tfjhm. Xorcmhcr 14, l.S.S(S. (lU'coived NovchiIkt 1(».) JSiU: I have the lionor to acknowlcdj,'!' ro(!('i|)t of your coniniunication tiic L'Ttii ultimo, ('onccrninj,' the (lisjtosition of the Hritish vessels now iv'fi at Tort Townsend, Wash., and toinfonnyou that T. .F. Jlamilton, 'jtuty United States niarsiial in eharjje, lias this day been direcrted to ke the necessary steps to ell'ect the sale of the four vessels as sjieetlily jiossilile. \'ery respectfidly, A. II. (lARLANl). No. iV2. Mr. lUvjard to Mr. (larlnnd. DKrARTMENT OF HtATK, Washitu/ton, Nortmber 17, 1888. Sill: I have the honor to acknowledge th«^ receipt of your letter of the 14th instant, statinj; that Deputy United States Marshal T. J. llaniilt(UJ, in <'hareen directed to take steps lor their spe.v ol' a note of the liiilisli j'liar;^*' "'/ interim, by wliieli it ajtpeais that tlie owners of the AiimXo not object to tlie ori;;inal appraisement. I have, etc., T. F. r.AVAun. o. (».). Mr. Hai/ard to Mr. Jhrhcrt. I)i;PAKTMl",NT OK STATK, WdKliinifton, Nor(')nber 28, 1888. Sill : I liave the honor to aelvnowhMlj^c tlie receipt of, your note of tlm -.'{(1 instant, statin;,' that the owneis of the Aiht, one of the fonr Uritish vessels eondeinned for taking; s«'als iUicitly in Iiehrin;; Sea, do not ob- ject to the ori;;inal appiaiseinent, and to say that I have made known the eont«'nts tiiereot to the Att»)iiiey(leneral. 1 have, etc., T. F. Bavaiid. >■«). (Ki. Mr. Ilrrhcrt to Mr. lUnjard. Wa.siiixgton, Dcicinhcr^t, ISSS. (Heeeived I)eeend)er ">.) Sir: With reference to the case of the seizure of four IJritish sealin;x ships in JJehrii;;^ Sea, I have the honor to inclose, tor convenience of icference, «!opy of Lord Sac^kville's dis|)atch of Octolter lli* (without its inclosure) to your Department, as I have been instructed by the Mar- (juis of Salisbury to er, expressin;;- my comMirreiMte in the \ iew ol" the Atlorney-( Jeneral that, under the circumstances the wiser couise for all concerned was to let the Kale of the vessels take jtlace at once, as delay seetiud impracticable, and could only be produc- tive ot" loss. On the Mill of last month tlu^ Attorney-(ren(>ral informed me thai he lunl that day directed the I'liited .States maishal ii char;,'e to this reipiest shall ha\<' been re- ceived you will be duly advisetl of its contents. I have, et<*., T. I'. r.AVAUl). No. ;us.j No. (IS. Mr. Strrvits to Mr. Ii'iri.s. r'ON.Sfl.A'IK ni" Till'. I'mikI) SlAtl'.S ol" AMKKK'A. Victoria, Ih ilislt Coliimhi((, lhrrmtnr'.\\^ 18.SS. (deceived .Ian miry 111, 1SH!».) Sii; : inl'oi niation casually received this mornin;^" leads me to believe thai this dispatch, with inclo.sures. ma> prov** of interest. I am the ?ii 1 last dt" the Ilrilish sealiui^ schooner -I /v/jn«r(// trives !>u! i brief account iheretd, ;)ittained from the owners of the Ardinitili, ami l"r(uu t he public press, befort^ the arrival here of I he umster of the vessel, and was cousetpiently andti^^uoiis in soun* minor particulars. I am now enabled to ;;i\(' a moie ciriaimslanlial acc-ant of the seiz- ure, as Captain Siewaid, late master of the Aniunnh, has recently jjiven me lull particulars of the st'i/.ure of the \ t-ssel and his subseipieiit pro- SEA I, riSHKKIKS IN' HKlMNff SKA. 81 <;ce, 18(57, between the; I'nited States and Kussia, and copy of the <-ai»tain's statement to Her Iliilanni-.; Majesty's amliassador at St. rdershnrn", sif^ned liy the captain and part ot crew, and sworn to he- fore Her Uritish Majesty's consnl at Najxasaki ; of which I send only copies of those nnist pertinent, especially the lastnaintMl |»apei'. Captain Sieward informs me ihat the ajjents of the Jlritish (iov«'rn- ment provided fnlly for the expenses — save those ])aid l»y tlie Knssian (lovernment at Tetropolovski — and transportati«»n «tf himself and tln^ crew of the sei/ed vessel to this point, excej)! a \i'ry small personal onthiy. 1 am, <'tc., iiOUKI.'T .1. SlKVlCNS. (lucliisiii'i- Nu.l in Nil. »*. — Kxtiiirt.] Sir /,', /{. //. .)/()»•)'()■ to MiHxru. ii'r'l (luil tioiiitl. St. I'ki KKMUKt.. Xon iiilxr :\0, l-'SH. (iK.N'l l.r..Mi:N : lluvin^ rcci'ivril tin- liiiiil coiMiiiiiiiicatioii ',n iiicli vkh IiikI :iiiiiimiiicy Mr. Slew ar \v1iit»» witliiii 1IK9 mill's Noii«b o('( 'o'Minaiiilcr Jslaiid.s. liail ix* assi;;ni'(l tills a.s liis ti'iii* mo- li\>' lor iMi>tiiriMjj tli<- .« the would In- a vi'iy ^invc oui", Itut lis lie lias jiivtni Ills iHoilvi'.s lor fai>tiiriii>; tln' sliip in a wrilti-n di'idaiation. \vv avf liouiid to jio l»y that, and arc u<>< at lilMity to ^i» oulnido tlijs dfolaration and .siiinisc df a docuuicnt «i;in«'d iina!i li hy anylliiii;; lk»' may havr hai«I I'ira rove. It a|i|M'ars ti) mr that it in o-t' <-.\tri'mo iin|ioilan{ht leave lierjiist iiiHid«* or just oiiLsidc t.^ limit. It is tlit>rct"or,»> perfectly dear that the f;ronnd tiicy w ill take ii|i will lie tliat the • ' • m f I am. etc., K. I'.. I'. M'l/niH. [III. limiit. ■_' In Xii. ;*i. j ' iijildiii Siiiidiil III Ml. lUhiiiuj, Hit- /iiiiinh Mdjish/it ( lmr>ii d' HVaui ^. St. I'lin-iibinij. I »i-.Ati Mil : K'c;;aidin;; the 8oi/ure of the Uritish scaliii;; Hi'lmoner Atninnili, of Vn-. ton a, Ih'il i>li Coluinliia, li\ .M. (hoImii t/Ky, on t he liiis-ian iiieiilianl iiiaii .\l) raiiilir 1 1, lor alleged violation ol the lishin^ and hniitin;; laws of ihe |iii|icriiil WnHsian (o>vi>rn inent, ol which ! infoniied yon in my d;s|iat
  • , from Vladivostock, 1 now ieN|)cctnilly Miliiiiit the following fads: On July I. l-r."*, at «i.;MI ii. m., (luriii>( a heavy fo^ and calm, I calculated the sthnoiicr's poHJtion to l,e 1(5 niilcH sontliliy went, ' 'rii«> meaning of this k that the sc.il hnntmn heiii;^ done liom r.inocH, they were witliin the limit. S. Kx. KMJ — <; 82 SEAL FISIIERIKS IN MKKI.N(i SKA. <>(■ tlic si>iitlM I'll (xt ii'iiic <>l' <'(iji])rr or Mid way In1:iih1. .Iiuljjin;; iiiyHflf in tlic (i|icii waters of t ho Nnrili J'acilic Ocfiiii, 1 tiidcifd flit^ caiim h out lor liiiiit in;!;. At al)i>iit 7. Ill) a. III. tlic tii;; lillt'd, wlii-n tlic hclKiiiiicr waH Iniwid to )m- caKl hy sniitli alioiit (> to H niilcN lilHtaiii IrdUi tlic stiiitlicin rxticnii* ol' island, witli tlic canncs oiil to tlic ^o^tlland west id s<'liooncr. Wlicn in tlii.s jiosition )i .steamer v\;is hi^ihted. \\lii(di tioie ati oiiec diiwi) upon ns, |>i()\infX to lie tlic ,\l;iHka ( 'iniiiiicreial ('oin|taiiy'N Htcanicr .ll(\raiif his antlnifity, I asked iipnn what au- thority the sei/nre was niiide, ill aiiHWiT to which the olliccr pointed to the Han at maintop sav in;;'. " TlicfH is my iintho' ity." The ollieers and i rew ky. It rend in si. ipslanee lliiil this d:iy the xdiooiier .Irdiiiiuli liMil liccn eoiilisc.iied tor liiin I iiiji within t he limits of the Kiir,siaii posse, s ions. 1 here no- tilied Mr. ( iiolinrl/ky. in pieseiiceof.Mr. .1. .M:il!e\\ansky. ol my jiroicst a ;;ai list this seiz- ure, which |iioiesi I would make het'orc nciircst representaliN f «it Her llrilish M.-ijcsly's (Joveinmcnl, and in aci'ordam t< with advice in yonr T. (J. olAii^iiist l.'t, l-^--, have to atlmiral and Ho\(>rnor cd N'aldivoslock, the ceiiilled copy ot w hicli I send hen- with. The schooner was I hen l)ion;;|it to I'etropolwvsky hy a crew id' steamer Alcsoiulrr, wl. ere upon arri v;il of schooner i he salt stores, pro\ isions, iind also p.irl ot' persona I projierty id' crew , were sold hy Mr. ( Iroliiii t/ky w ilhoiit llicconliscai ion h.'iviii;; liecii dedait'd le;iai hy an\ authority t hall his own. I must add that we had no intent ion whatever to viohile the laws ol' the Imperial Hoyal ( Io\ criimeiit. hiii intended to folluw ihe hiiiitin;; in till' open wall-Is (d' (he North I'acilie Ocean, neither had we any meaiiH to do other- wise, as the hull tin;; on Hit of .'schooner consisted of six Indian 'amies manned hy two N'ancoiivcr Indians e.-ieh. had no tire arms al>o:ird, save lliiee oiil mii//,le-liiadiii;4 sliot- ;;iiiis, heir.;; the property of some ot' l he 1 ml i, a lis, also one shot i;nii and one rille, hoiii;; t he jpcrsoiial ]iidperty of some of the meinhers ot the crew. l-'rom the l'ore;;oin;; il will he .-Mcn that the schooner was set hy ."in nnkiiown cur- rent, not marked upon eliarl, diiiiii;; the fo;; to the north ami east of hcrcoiiise, and . tliC! catioes havin;; hit the sehooncr diiriii).; the I'o;^, when there was no land in si;;lir nor any \isihle hi;;ii to provi> the lalcniated |Mmitioii erroneoiiH. will exidaiii the ]iosition of canoes at t iiiie of .seizure ; alHo that the Ncliooner was iiwt less than the est iniated (i miles t'roin land is cdearly proven hy the .ih.raiiiUr Nleaiiiin;; two hoiiis and forty minutes at a rale ot' (> knots |icr hour (see steamer eii'^ineei's lo;;) Iroin jioint of seizure to (ilinka, whi<'h is 7 miles from south point of island. This can h<^ demonstrated on chart or dia;;iaiii herewiih, showin;; that it was im|iossihl-amcr .\lixiuiilir II IS owned h\ the Alaska t'oiiiiiiiTcial Coiiipaiiy, who arc also the lewsecN (d' Copper and Ihlirin;; Islamls. As to the rtdiahilits of the Htatenient our power to etleet a restitution of the nnjiistly ami ille;;ally coii- liscated proiM rty and payment (d' dama>;es iiiciiiicd therchy. 'I'lm a hove sworn to Ixloie Her J'lritjiiniie Majody's consul at N.i;;asaki hy niys Hail A- (J.pim.I, Virt.'m. ' |Kp|.!.v. .\ii.;us| 17, 1888.1 YoMrrn..^ has I,..,.,. l.nmKht to t ,..ti,.,.of linssian «ov,.ri.i„o.it. who havo tol... K'rai.h.Ml to Hi.iu.re into it. Vo„ mi^ri.t ,„.,„,„ ,,.,.^„,.. v„rwar.l all ilo.Mini.'nts W l)r.ni!i\(;. lirilifh Chnry,' d'Affahen. Paut T1. CORRESPONDEN-CE RELATIVE TO NEGOTIATION'S FOR THE CON- CLUSION OF TREATIES FOR THE PROTECTION OF FUR SEALS IN BEHRING SEA. FWAXCK. No. r,\). Mr. llHijard to Mr. Mijinnnl.* >u. l.'.")G.| J)j:i'AKI'MKNT of Statk, \Va.shi)if}f<)ii, Aut/ust 1», 1887. SiK : K'i'cciil ofciinciKTS liavcdrawn I lie attt'iitioii of this DcpartiiiiMit to llic iicccssitv ol' takiiiu' steps lor tlic Imm tt-r in'otcct ion oltlic I'lir seal lishfiics in iJcliiiuj;" ^Sca. Without raising; any (lucstion as to the t'Nci'jttional measures which the peculiar character of the propeity intpM'stioii inij,'ht Justify tliis ( io\ t'l'iunent in taiiin;^', and w itiuuil referi'nce to any ex(;eptional marine! jurisdiction tiiat mij^lit, properly he chiimed for tliat end, it is (U'etned advisai)h' — and I am iiisiiiicted l>y the I'rcsiih'Ut so to inlorm yitii — to attain the di'siicd ends hy international co operation. It 1^ well known that tlie unre<^ulate and (-.•useipient serious loss to maidvind. Ihe nnuisters of the I'liited States toCieiuiikny, .an, and dreat I'.ritaiu h.ive In-eu faeh similarly add!vv«*, iiistrii('lin«; Mr. Vir-i\, I" Siir: Mr. \'i:^iiaii my <'iwiunanir:i(i(>ti of tlm 17th So|»fi'ml>fr iasi, I liavc tin- lioiior in iiil'iiriii ymi that, aillimi^li tlio iiuliisfry in i|HfHti">ii lias mil. Iifin rii;;am'(l in liy Frtiiicli slii|i-ti\> ricrs up In llic iircsciit tiiiu', tin- (iovrrmiuMit of tin' lii-|iiililic is not, llic less ilispitscil til cKiifi'r I'lir llial piir])(>s(« willi llic liiivi-rniiii'iit of tlio I'iiit fXiiminc any ilrannlit ut" an iiiliTiial ioiial convi-ntinii wlmli niay Im- rDinniniiiratcil tn it liy tin' (.'aliiiicl at Wasliimjftnn. 1 ivill ill' iililijjril III yon if ymi will In* Iviml i-iioiii^li to tiiinsiiiit this ii'ply to tin? AllliM ii;ill ( inViTllllll'lll. •pt, «'ti I'l vy III I!i:ns. N. Mr. litd/nrd to Mt. Mct.iim. Xo. "JTl.] DEPVKr.MI'.Nl or Stvtk, \\Hshintih>n, ynrtmh,r is, 1SS7. Siu : 1 have to acknowledge .\«>ur No. 4l>0, .»f the'J'-M ultimt*. ti:4nsmif tini; copy of a note of the 21st of i VloVr ty»ru M?, MonixMis, inforniihy: this (lovernmeiit of the willin;,'m'ss of tli^ Ficnoh Ue^»uhlie.tUoHi:^h there are not iniviiy French s.hip,s enifa-j^otl in ^he seui usluruvs >•» iront* r with us or to examine any drans;ht of a o«)Jiventh»H uitendse fisheries in IJehrinj; Straits. This res|M)nse of the French (Joverntnent totnir .uvit.iMoii in \»'ry sat- isfactory, and in due time further instruetionxon iheHubprt wdl Iv s;riit you. I mn. etc., T. F. r.AV.VBl*. 86 SKAL FISHKHIHS 1\ HKRIXO SKA. No. 71.'. Mr. liayard to Mr. McLane.* No. L'()3.| Dkpartmknt of Statk, Washinyton, Fdiruary 7, 1888. Sir : I iiurloso liort'witli, for your information, two i)rintnl (sopios ot an instnictionf of this dato to E. J. IMielpy, f.-Kjuire, United lStat«'s niin isti-r at London, in n'sponse to a ilispatcii from him, in wliicii it was Htatt'd that Lord Salisbnry had cxprcHHi'd aciiuiesci'neo in a proposal machi by mo for an agrccnK'nt hi-tween tho IJnitod States and (Ireat Britain in re^jard to tlio a(h)pti(»n of conciirrtMit r<'|,'Mhitions for the preservation of fur seals in Jji'hrin^ Sea Irom exteiiiiiuation by destruc- tion at iniprcper seasons ami by impioper methods by the citizens of either liiiibir 1, lH-<7. 'l'lit> iiiidcrsiiiiiifil, cliaiHi il'alViiinm ml intrriin of tlit^ t'niti'il Stiitcs of Aiiii'ri<'a, lian tl)i< lioniir, iK-hii!; iiiiilor iiisii'iicl ions ti'oiii hi'^ (idviTMriicnl, to iiiloriii ('omit von F.».>r- clitMii, iimlcr s«< iiijny iil' Nial"' in iliar^^i' ol tln< iiii|i<'ilal (iinij^ii (dlici', tliat rrrt.ily ot' laliiiig Hti'iis Cor tilt' licllfr proli'i'i nut of the fiir-Hi'al fi.slirrii'ii in lidunin Sea. Williont raising; an\ (,nt'stiou a-< to ih"< rxi'i'itt joiial inisisnrcH wliioh llii« |i<>(Mili.'ir diaractcr of (iio |ii-o|ii'il\ in |ii»'stion nii)j;lo jiistif\ llm (rovornnicnt of iIli' I'nitoil Slates iu takinfk toi.t- taiii tln> (IrsiriMl ends Ity intrrnat imial (Mt-o|i('i'atioii. It In Weil known tliat tli«« nnnt^iiUiti>il and indi.siMiiiiinato killinfr of Hcais in many IiartH of tlio world lia.s di'i vrn t hem li'om ]dacc to plaiu', mid by Itn'aliin^ np their laliitiiiil I'l'sortH, lia.s jL^rcU' ly n-dnci'd tiicir nnnilifr. I ndrr tlicsiM-iriMini.slaiK^i's ,'OkI in view of tiit> coininop inti'D-Nt of all iiiitioiiH in * Idi'iitio iiiNlriictionM w«>ro hcnt to llio I'liitcd Stiito.i iiiinihtcrH to (iennany, liiiHHiit, and SwimUmi and Norway. ♦ l-'or tliis lUHtrm'tioii h»»«» infra, No. 7ti. sr.AL iisiiKK'iKs IN i5i:ki\(; ska. 87 IH'i'vi'iit ill;; till- iiiiliMiiiniiiiilc ilrHlnii'l ion aixl ('iiiisri|iii'i)t I'xlfriiiiMul inn <>',' an 1*1111- iiial wliicli (Miiitiiliiilts sii iiiipuilaiillN In l!ic (•iiiiiii|iTfi;il wealth I'ti.l i.;i'iicral iisi< ol' iiiaiikiiiil, till- tioMTiiiiii'iit ol' t In- I'liilcil Slaii's lias iiisi riK'ii'.i the iiii>l to pri'si'iit lln> siiliji'ct In ilic alii>!ilii)ii of tlic liii|M'i'ial (iovciiiiiit'iit, aiol lo iiiviir it to riiltw into Niirli an aiTan;,'i'mriii witli llii- (iov i'I'iiiiumii ot" tli'' I'liilfil S|ati'-i as will pri'Vi'iil tlir citi/i'iis oI'i'iiIdt <'oiiiilr.\ IVoni killing; .sraU ii |li-liriii<{ Sea at siicli liiiiiM mimI plari-M, aii)l l)y siirli iiictlioils as at iit'i'Mciit air imrsiicil, ami wliit-li lliri'ati-n tlit' .1. >| In rxlrriiiiiiat loll ot llios)- aiiiiiials and consi-iiiicnt hitioiih loss to mankini riir iin(ii'r->iKn<'il ln-j^s lo adil tliat lie has liccn inlornn-d 'ly his (ioviTniiii'iit tliat llio iniiiistfiH of till) l.r'tcil iSlali's to SwimIimi and Norway, !ilii>,sia, I'ranci', (Jrciil Mritain, ami .la|>an liavr lurii facli siniilai l> addri-.-^i'il on I he .siiiiji ;! rcfn r<<■«». (iis.) Lkoation of thk i:mti;i) Stati..-<, London, yovemhd' 11', 1.S87. (KofciviMl NfAfiiiltfr L'L'.) SiK: Keren iii;,Mo \.il on tin', part of (Ireat iiritaiu and su;;^esied that ( shoidd olitain tniiii my (lovernment ami snJMnit to him a sk«-teh of a system of re;^nlations wlii<-h vvoiihl he adetpiate lor the purpose. 1 liiive therefore to request that I may be furnished nA I'arly as possi- bh' with a draught of sin-h a code as in your judgment slioiild lu^ adopted. I woidd siij^p'St also that (Copies of it be fiiriiisheii at the Kuine time to the ministeisof the I'nited States in (lerinany, Sweden and N'i>r\vay, K'nssia, I'' ranee, and .lapan, in order ttiat it ma,\ be nndi-r eoiisnlerii- lion by the ( Jovernmenis of those troiintiies. A mutual a;,'reeiiient be- tween all tin- ( io\ ernineiifs iiilticsteil may thus lie reached at an ♦♦.irly d.iN . I liase. etc K. .1. I'liKLPS. lo. I.>. Mr. lUnjurd t<> Mr. J'htlps. No. 733.] Dki'artmi'.nt ok Staih, Wasliinolon, Xovrmhcr "J."), 1S.S7, Sir: Your No. CIS. of the I'Jth instant, statini( the result of your interviews with liortl Salisbiir.\ on the subject id" the seal lisherie.s in IJehring Soa, is. . „'.Mved. ^mmmmmmm0^mt- 88 SKAl. riSMKK'IKS I\ HEKlNfJ SKA. Tlie favonililc response to our sii;,';;t'stion of iiiiitnall.v af^n-ciii}; to a codc! of n';;iila(ioiis is very satisfactory, ami tin- siiltjt'cr will lia\«' iiii- iiicdiatii attention. 1 a t«'., T. 1', Uayakd. r(5. .l/>-. Ilniinrd in Mr. I'lulps. No. 7.S1 J)KI'A1JTMKNT <)I' StATK, Wdsliiin/titn, Fthruarii 7, l.SSS. SiK: I have received .V(tnr No. (>1S, of the iL'tli of NovcnilHT last, oontainin;; an acconnt of y<>iir intrrvi»'\v with Lord Halishury of the precediii;,^ day, in wliicli his lordship expressed ae preservation (»f fnr seals in llehrinL; Sea from extermination li_\ desirnetion at im- jjroper seasons and by im|)n)per methods b\ the citizens of eitlier eonntry. In response to his lordship's sn}j,':,estion that this (Jovernment std)- mit a sketch of a ssslem of rej;nlatMins for the purpose indicated, it nniy he exp«'dienf. before makin;,' a dclinite jtroposition. to dextiilie some of tile conditions ol" seal htc; and for this purpose it is beliexed that a concise statenu'nt as to that pait of the lite of the seal which is spent in lU'hiint,^ Sea will be snilicienl. All those who have made a study of the seals in i'.ehrin;:' Sea are aj,M»'ed tliat, on an aNcraj^c, from live to six months, that is to say, fioin the middle or towaids the end of spring till tin- middle or end ol October, are spent by them in those waters in biccili?!^ antl in reaiin;.;' their youn;^'. Durinu" this time they have their rookeries on the islands of St. Paid and St. (ieor;;c, w Inch constitute the Pribylolf ^^roup and be- long' to the I nitcd Stales, and on the < "ommander Islands, which belon}; to Kussiii. I'.iii ilu' iiuml)er (d animals lesortin;^ to the latter }.;roup i.s small in comparison with that resorliiHJ to the lormer. The rest of tlui year they aie supposed to s]iend in the open sea south of the Aleutian Lslamls. Their mi<;ralion nortliwaid. w Iiicli has been staled as takinj; phwc during' the sprin<;' and lilj the middle of dune, is made throu^'li tlio numerous passes in the loiij; «haiu (d the Aleutian Islands, ab(»ve wlii<'li the courses o\ Mieir tra\ cl coijver^^'e <-liielly to the l'rib\ loll yroiip. I >iir- iiipf this mij^ration the l«'male seals aie so advanced in prej;nancy that, they j;( iierally ^^ive biiih to their yoiiu;^', which arc comnumly calh'd jmps, within t wo weeks alter I'cachin^X the rookeries. I'ielw<'en the time of the birth ol the pups ami of the emif^ratioii of tlu' seals from the isl- ands in the autumn tiie females are occupied in siicklinu their youtijr ; and by far tin- lai|^est part of the seiils found at a distance from the isl- ands ill I'.chiin;;' Sea diirin;; the Miinmcr and caily autumn are females in search e no dilft'rj'iiee (»f opinion (Ml this sulijeet amoii;i" experts. .\nd tin' faet is so clearly and liuciltly stated in the report of the inspector of Ijsh cries for i'.ritish ('olnml)ia of tln^ .'ilst of hecemlicr, K-Sti, thai 1 will ;e : Tlirio wtTi' Uillfil this year, sity tliat Niicli a \alna)tle imlnsiry could not in some way lie protected. ( liepoii ni' 'I'lionias Mowat, Iiispeeior ot' j'islieiies (or Mrilisli Coliiinliia ; Sc-sional )iapeis, \i>l, I.'', No. Hi, ji. Jti' ; Oiiawa, l-i7.) The only way of obviatinir the lamentahle result abo\ c predicted ap- ix'ars to he ity the I'nited States. ( ireat I'.riliaii, and othei iiittrested )>oweis takmjjf concerted action to prevent their citizeiiNor Milijects i'ldin kiilin;;' fur sea Is with tire -arms, or other dcstinct i\ c weapons, north olod^of iKUth latitude, and i»ctw«'cn Kin of lonoundc wesi and 170 - of lonoitiid,. (.jist Ikmu ( Ireenw ich, diirin;,' till' period iiilcr\ ciiin;^ he- tweeii April 1."» and Novemlier 1. To i)r«'vent the killiit"; witiiin a marine hell of 10 or 50 miles fVom the islands durin;r that period would l»e inelVcctiial as a i»reservalive measure. This would cleail> he so diiiinu' the approach ot the seals ro tiie islands. Ami after their arrival there such a limit of pidte<'tion would also Ix; insunicieiil, simte the rapid ])ro,LM'ess of the S(>als tliiou;;h the water enahles them to ^o j^reat n the I'lihylolf Islands themseUcs, where the Killiii;,' is al present under the direction car, no females, pups, or old hulls are e\"rr killed, and thus the lireediiiLr (d' the animals is not interfered with. The old hulls are I he liisi to reach ; he islands, w here I hey await the comino of i he females. As t he youii}^ hulls arrive they are driven awa\ hy the nhl luills \o the sandy part of the islands, by themselves. And tiiese are the aiiinals that are dri\ en inland and t heie killcil by clubhinj,', so thai t he skins are not peiforatcd, and discrimination is exercised in each case. That tlur extermination of the fur seals must soon take place unless they are ]ii(dectcd fioni destruction in I'.ehiiiiLT Sea is shown by t!ie i'ate ot the animal in other parts ol l he world, in the absence of concerted action anion;:' the nations inlcrcsictl for its preservation. I''ormerly many tlutusauds of seals were obtained aiiiinally from the South racilic. Islands, and from the coasts of (Jhili and South Africa. They were also <'omiiion in the I'^alklaml Islands and the adjacent seas. Kiit in those islands, wlier*' hundreds of thousands of skins were tbrmerly obtained, there have been taken, accmdinj,' to best statistics, since IS.M), less than 1,500 skins. In some places the iiidisciiminate slau;;hter, especially by fJO si;ai- 1'Isiii;i{Ii:s in |{i;kin(j ska. u.s(^ of flic siriiiH, liiis ill ii few yesirH ri'sulted in (jomph'ti'ly lirt'iikin;,' up t'Xtehiiii;; Sea, allhoii.uh such takin;;, at least on siieh a scale, ill that (piarter is a eoiiiparati\«'ly recent thinu. ISiit if t he killin;? of I he fill' seal tlierc wit h lire arms, nets, and ot her dcstriicti\ c implements were permitted, hniiters would ahandoii other and exhausted places of piirsiiif for the more productive liehl of I5e!irin^ Sea, where e.Meriiiina lion of this valnalile animal would also rapitlly ensue. it is nianifestly for the int<'rests of all nations that so deplorahle it tliin^i should not he allowed to occur. As has already hceii stated, on Ihi' I'lih.Nloif Islands this (ioNci'iitiieiit strictly limits the nninlier 4)f seals that may be killed iiiKler its own lease to an American company ; and ci1i/,ciis of the I'liitcd States lia\e, diiriiiLr the jiast year, Iteeii ar- rested and t<'ii American \t'sscls seized for killiii;;- fiirs»'als in lichrinjc Sea, i',ii;^laiid, howcvei-, has an es )eti illy j^rcat ir.teu'st in this iiiatt«'r, in addition to that which she must fc«'l in preventiii<;' the extciniiiiatioii of an animal which contiibiites so much to the ^ain and comfort of her peo- ple. Nearly all nndrcssed fiir seal skins ai«' s«'iit lo liOiidon, where they are diesscd and dyed for the market, and wlicrt; many of them are sold. It is stated that at l(>ast 10,()(H) peo|)le in that (;ity tind protitahle eiii- l»loyiiiciit in this work; (ar iikmc than the total niiinher of people en- gaged ill liiintiii^' tln^ fur seal in vwvy part ol'tlie world. At the I'ri' Itylojf Islands it is believed that iheie are not more than Wit) pi-rsoiis so eiijiajfcd; at Commander Islands, iittt more than .'((lO; in the Northwest coast lislici'N', not more than ."iL'.') Indian liiiiitcis and 100 whites; and in the Cape Horn lisheiy, not more than 100 iicrsoiis, of whom perhaps .'500 are ( hilians. (licat Uritain, therefore, in cooperatiii;^' with tlie United Stall's lo pre\enl the dcstrn«;tion »»f fur seals in iW'lii iii;^' Sen would also be |»erpetiiat iii!^ an extensive and \ ainabh' industry in w liicb iier ortii cili/cns have, tlu' most liKtrativc share. I inclose toi- your information copy of a nuMiioiandiim on the fur seal lislicries (»f Hie world, prepared by .»! r. A. Howard Clark, in response to :i ret|nest made by this Department to the IJ. S. Fish Commissioner. I inclose also, for yoiir further inrormalioii, copy id" a letter to me, dated December .'III last, lioin .Mr. Ileiiiy W. lOlliott, who has spent much lime in Alaska, eii;:ayed in tin- study ii as possi- ble. I iim. I tc T. F. r.AYAWI). [Iinlo.tino 1 1 /{'ivitir ohlililiril tViilll !lii« I'riltv'nir Isliiiiils, :i(),(Kl(l rmm tlir (.'oiiiiik'.ikIit l^hlIlll.s, l.".,<.i(JU riniii tlif KliiUlsof SKAI. riSMKHIKS l\ !li:KI.\(i SKA. 91 .liiiiii do Fiicii luitl vU-iiiity, K',<)(iO rrniii tlio Lnhns IsIaiiiU, l.'i.OtMl riotn I'atii^toiiiu itiul iiiitlviiiu isliiiiiN, filH) t'riiiii tlii< I'alklaiiil iMlamN, Iii.imio tinni tin' ('a|i<' of (••imt ltoi>t^ ami plarfs llivri'alMiiit, and '.'..'lUii iVom islaiuls ln'lniii^iiitr In .lajiaii. 'riic aliovr siali>*fi(s wi-ii- ciiiimHiincaicd hy iiio In tin- aiitlinrnr tho arlir|.> "Seal I'I^ImtIch" ill IIm< l'.ii('y<'lii|ia'dia and had Im'cii rai'i'l'iilly NiTiiii'd 'ny tin' latr^t nlHcial ri't'iu'ds and liy a |ici'sniial intcrvii'w wiili Mimsi?*. (.'. .NI. I.aiii|isiin iV Cn., nl' {.nnihin, tiiii' lit' till' |irinri|ial I'lir linii.srs ol' tli<< wnrld, aud liy wlmm inii-ii dI' iIik aiiiiiial jirn- iliii'tiiin lit' I'll!' srai-MkiiiM am jilari'd ii|Min tin- iiiail'i'l. A ri'xii'vv iif till' snliji'it at I Ms tiiiio (January, l'"'"'^ iirri-s-iitati'M Imt a HJiylit I'lian;:!- in tin- annual piiidiiitioii and in tlit^ appnri ioiiinrntr ti> tlio .si-vi-ral t'is||i'rii*s. Sonii' nl'llir lisliiTii's lia\n iiuioaNcd wiiilc ntliiTs liavt- iliTri-astid, 't'akiiii; llii> aviT- a^r annual yiidd liinii t'^r'O to dati*, I Diid tliat tin- ti>tal iinidiiciinii is trnw I'.).',4.'i7 skiiiH, iititaincd nn t'nlltiWH: .tnniial ijiiUl i)//iir-.iial JinhirirH. Fiir-m-ul Hkliiik I'liliyldd" Islands, li.liriii^; Sea !t|,JMi7 (Ji'iiiinaiidrr Islands and UiddM'ii Ktiid" 11, "U'.l I -la nils lirlc infill;,' to .lapaii I, (MM) Kill isli and Ainrtiran sralin^ tli-cts on iinrtli wrst (aiiist of Atiicricn (iii(diidiiii<; radii at Cape Flattny and I'.rliriiiL; S.-a) •,'.'. (MK> I.uliiis Island-, at niniilli nf Kio d<< lu I'lata I'J, H'"«.'» Capi' id (iiMiil lliipf, inrlndin^ JNlaiids in SoniliiTii Indian Ociiin .'>,.'>()() Capi' Ilmii ii'iiiiMi r', UW FalUland Islands .ViO Tntiil !;•,•, I. -.7 'I'lii- siatistirs fur till' I'riliylnir and (-'nniinuidrr Inlands aii* fiini]iilril iV'Hii ri-pnrtrt III' lli'i Alaska ('niiiiiuTrial I'lunpany, Mr. KlliiMl's ir|iiiris in vidiinii' ■<, Triil li ('i-n- siis, and in hocIioii .'">, W. S. Fisli ('innniissiiMi rrport, and Iradi- n-pnrls nt' aiinnal sali-s in I.iindiMi (I''iir Triido Kovii'w, pnldislird inonililyal Nn. II Itniid Hlri*i'l, New Ynrk). Till' nnrtlnM'st coast siatlsiici aio rroni inr annual ri'iion.sot' tin- d<'part- iiiriit id' lislicrii's of Canada :ind Iri'iii Mr. Swan's rrpoit in Hi'flion .'>, volnini' •,', nl Ilin (|iiailo ii-pnrl of till' r. .S. I'isli ( 'iMiiinissiini. l'"or .l.ipan, L'>lio-i l-i!,iiids, Capi' ot' < tiiod llnpi', and I'alkland Islands t In- si. 1 1 i si if 4 aH' t'roiii I lir ".Vniinal Siali'iin'iiis ot' 1 In- Tiaili' III' llir I'liiird KinL^diiiii vvilli Inri'liiii '••'iinlriis and lliilisli pii>-.ivs-,ions a^ pri'si'i.iiii In I'ailiaiin-nl ." .Sial isl irs Inr Capi' I I'Hii ri'^jinn air I'lnm sralin^ imi rli.anls 111 Sii)niii;;liiti and Nrw Londmi, Cnnn. Till' di'tails of I III' li>lii'i ii-.s I'nr a si'iirs of vcars an' slio.vii in ilii' rollowin); tal>l«> : ( .\s to t III- nninlii'i' ot pi'isons i'iiiplo\rd, il is iml pi.ssilili' lo ^ji vi- dri ails in .all r.isi-,-. .\l i'ril)\ loir Islands in l-^-l) llirrr wi'io 'M'i Ali'iils and l- wliili's. At (.'oniniaiidi'r Islands I lii'ri' ai'K alioni Itoil pi rsoiiH; in llm imitliw I'si rnasi HsIiki;. ,'>..':) Indian liniit- I'ls and Kill w liilrs, and in llni(/ap« lloiii (isliiTy almiil Inn wliiics, nl' w Imni jn'r- KapN :.-l 1 «r I 1 1 I ISiM I II VVI'St f< II I if. t \ I :i|iA lliliVliMi IkI;iiiiIh .'mil , >' 1 >' illuiml ' .1 <" t.iilHi't ,. , .' , I 1 1 I 111 C'lasi III .faiiiiii. I I I II II 1 III (iiHiil IflilllllH. Jklllllll'll . .1 I ' I.SI.1111I4. 11)1111. I.sIuIkIs. ,, , I It..)' Aiiii'ilo.k. ^ ' Iliipo. IHTl 1KT2. lK7:i, 1874. IHT.I 1870. 1877. 1H78 IM7U |N)<(I. IHHl. IhH'.' i8,s;t 1HK4 1H8.'> ISMtt 1HM7 OS, 01», U», 90, DO, Oil, ^5, 9\ DO, W, !•!», 7/1, 'M\ '"♦. W, Vj, (HH) (KX) 6:i0 M*.'0 filN.) nui 000 ouo (NIM D.VI (lOU 80U 000 flO 10 •no i'JO f 3,014 2(i.:iio :iii, :r.Hi :ii,'J7'.' ;tii, 211 '-Ml, DliO '.'l,,S.fJ ;ti.:iiti 4-i. 7.VJ 1W, fiOt •fi.oto 111, OtIO •J.'.. 000 :iH, 000 4'.', 000 4.'.. 0(1(1 4H, (tOU IK, .MlO 111, 150 ; 17, 700 ;i.'«,f.4i ; I \ OHO ;:iK!io7 li'jy.L-n n (•) (•) (■> C) CI (•) (*) ct C) ll.Ut.l a, on.') ],().-i.'. iiiii 17:1 1 , :l^u 2, :m <, O'lB •i. i-i' fl'.'O 50 H CM M (I) (t» III (I) (Il VI 0) 0) (t) It, •.'7.1 »,OMl H, ilOU (5i (J' (5» 7, ii.'il 0, 3'.);i 'J. ■-•J.'l ^. mv ii, OIH ij.'.'-j.'i •.'!', .V>0 11,005 n,o;ii n.iixo 0, IMIil l.'!, 1-J8 10, IHHl 7,731 H, KM7 r. 2>-n l.'..0(17 ll,4U7 lit, it.-.o 7, O'JO 10, 7'.-J :>, V2i 11, ■-•■-':t 4,407 15, l»41» 3,378 * Aiiiitial iivtraco tutUniiitiil ut 4.l)iiO Hkiim. f Totikl 1870 to IHHd, D-.'.7&Ui uvuruKO, O.U'.'i. : Cati'li UikIi'iI al Ilritl«li ('iiltMnt)m vi-shi'Ih. f; Iti-liiri.s iinf ri'ri'ivi'il. ,i MiiHlly tiiUiiiu III lluliiiiit; Sea. Si'n .Solu'iliiln \. %^n IMAGE EVALUATION TEST TARGET (MT-3) y / I w. y 1.0 I.I 1.25 III 21 11112.5 IIM 2.2 lllliM :!|i' i. 12.0 1.8 1.4 IIIIII.6 - 6' V] ^■M > V. C"^^ r e". ^ m VI ^ ^^rf? -^> >" o /^' / ^ W Photographic Sciences Corporation !3 WES^ MAIN STREET WEBSTER, N.Y. 14580 (716) 872 4503 4^ L* ^SHI^ ^2 SEAL J'lSIlKKIIvS IN IJEIIIXG SEA. Tho fsecon*! point upon which information is roqiu'stcd is "tliat of the destruction of the fur seal, rcHuitiny either in its extermination or the diminution of its yield, in phices \vhse places were visited Ity seal- ing vessels, and indiscriminate slaui^hter of the animals resulted in the extermination of tlie species or in such diminution in their numhers that the lislu-ry became un- l)rolital)le. The (h^tails of the Antarctic fishery are given in section fi, volume 2, of the ([uarto report of tlie I'. S. Fish Commission )»a, il7-l'Jl (re]uinted in volume S, 'J'enth Census K( ports) : in "Monoj;ra]di of North AnuMican I'ininpeds," by. J. A. AUi'U (Misc. Tub. XII, IJ. S. (ieolo^ical Survey); in " Fanniujj's Voyajres Round the World" (Nev York, liir5); in "Narrative of Voya;:;es and Travels in Northern and Soutliem llcmisidicres," by Amasa Did;iim (Boston, 1817); and in numerijus other works, to which reference will be found in the aliove volumes. A few men iire still living; who iiarticijiated in tlie Ant.'irctic seal lisheries years ago. Their stories of tin? lormer abimdaiice of fur seals I liave obtaiiu'd in jjersonal inlervie\V8. As to the manner of destrucliou there is but one thiiif;- to say. An in- discriminate slauffhter of old and younj;, mahi and female, in a few years results in the brcakinjjc iiji of the larj;est rookeries, and, as in the case of Masafiu-ra and the Falkland Islands, the injury st>ems to be a ]ierm;inent one. As an instance, tlu^ South Slietlands were first visited in I'^l'J, when fur seals were very abiimlaiit : two vessels in a shoit time seeiirin islands were occasionally visited l)y vessels in search of seal skins, lint never after li~~"i were many anim.'ils ibiind there. Alioiit 184.") tiie Antiirctie fur sealiiifx was abandoned. In 1871 the industry was renewed, and a few vessels secured some valuable furs from tlH^ South Slietlands, but in a fen- years voy- ajjjes there became improlitable. (.Sih; section 5, volume ',>, 1'. S. Fish Conimissioner's Keport, ].p. .10-J-1."8.:> The sanu! story m.ay be told (,f Masafuera, from which island about;?, 500,000 fur-sral skins Were taken between the years 17i>;{ and 18(J7 (see section ."), as above, ]). 407). Cap- tain Morrell stites that in 1807 " the business was scarcely worth following at Masa- fuera, and in It^'H the island, like its neiirhi)or .Juan Keruaiidez. was almost entirely )il)andoned by these ai. .mils."' (Morrell's Voyaire : New York, l-';5'2, p. 1:^0.) Scarcidy any seals have since been found at Masafuma. Delano slates that in 17'J7 tliern irere twoorthree million fur sealstm that island. Elliott, in his Tei)oit, already cited, jfives aeconnts of tarlier voyaj^es to Masatiiera, etc. I have consulted lojj; books and journals of soveral voyages, all a.ij;reeini; in the former abundance and the cx- terinination of the fur seal on Masafuera as well as ou other Antarctic or southern islands. At 'he Falkland Islands both fur seals and sea lions abounded, but there, too, they were dc^stroyed. The sealing;' business ai South Gcor;j;ia was most prosperous in l*-00, dnrinjr which .season sixteen American and lCni;lisli vesstds took ll"J,^ taken on various hauliuf; f;rounds on islets larther south and east. (See See. 5, vol. 2, U. S. Fish Com. Report, p. 41.j,) The Prince Edward k''""P) Crozet Islands, Kergiieleu Land, and other smaller islands in tlie Soiifliern Indian aus to other seal islands visited hy the ChulhiKur. In referrinf; to Marion Island the report says: "The rnthless manner in whi. 2it4.) To recaidtuhite, concerninj; seal rookiiiies south of thi; eipiator, I may say that tliero IS no single jdace whert^ any uuniher are now known to resort, except on the Lohott Islands, otf Tern, and at \\n' month of the Kio do la Plata, and on tin? neiy;liltorin<^ hanlin;^ Hironnds at the clilfs of Caho L'orrientes. Here they are and have Ion;; heou ])rotected hy the Aryentino Kepnldic or Urii<;uay, and the rookery a])pears to I'emaiii ahout the same size, with little apparent increase or decrease in the numher of ani- mals, as may be seen hy statistics of the catch in the talde above ^jiven. The small rookeries or hauling grounds at Diego liamirc/. Islands, Cape Horn, and the rocky islets in that vicinity, from l-'70 to Iri-';? or lrf-^1, yiidded sonit! return to tho hardy sealers of Stonington and New London, Conn., from v.hich jiorts a half dozen vesstds have been annually sent. Evciii this last resort of American sealers is practi- cally exhausted, and only by much search is a jirolitable voyage made thcire. Ur. Cojipinger, wlio was at Cape Horn in l."'7S-'8'2 (Cruise of tlw; Alert, by K. W. Copi»in- ger: London, li^rt:!), tells of the ditliculties of sealing at Cape Horn, and of the prolits made wIkmi oven a few skins are Heciirt;d, In l~8d Captain Temple "came througli the western (diannels of I'atagonia, having entered the straits at Tres Montes," and (111 the (hivadonga group of barren rocks he says he found some thousands of s(>als. Had the great sonihei'ii rookericis been prote Med by (iovernment it is altogether ]irobahle, according to all authoriticss, that they would to-day yield many thousands of skins, ill some cas<'s e(jnal to the valuable returns of the I'ribylolf group. \\\ proceeding u)) the Southern Pacific from Masafiiera wo jiass St. Felix, tho Loltos Islands oil' Pern, and the Galapagos Islands, on which, as well as on other islands in that ocean, the fur .seal once was found, but whence it has been exter- minated. North of the e(]ualor we meet first the Guadaloupe Islands, where in 1878 there were a lew fur seals, jiresumalily migrations fron the Prihylotf group. Moving northward ylong tho Californian and northwest coast (.he fur seal is found in winter and early s])iing on its way to the great breeding grounds on tho Pribylofl' Islands. It is during this migration that the Pacific .sealin;' schooners of British Columbia and San Francisco caiitnre them, and it is probable that if the flec^t increases in size with a corresponding increase in the number of seals taken, there will ere long bo an a]>i)reciable decrease in the number of seals on the Pribylofl' Islands. This cau not but be the result, for many sisals are killed and not seciinHl, and there is the same indiscriminate slaughter as regards young and old, male and female, that was prac- ticed at the Honthern rookeries. The statistics showitig the jiresent growing condi- tion of tho northwest coast fishery and thy the Russian and American GovorntiKMits is fiillv told by Veniaminov and by lOlliott, and jiet'd not be repeated here. ( Veniaininov's Zaideskie, etc. ; St, Petei'sburg, 1842; volume 2, pp. 5(58, «|uoted by II. AV. Elliott in Seal Islands of Alaska pp. 14n-14."), volumo S, Tenth Ci-nsus Report.) The Commander Islands (Ihdiring and Cojiper Islands), in Ih-hring S(>a, and Robbeu Reef, near Saghalieu, in tho Okhotsk Sea, are leased hy the Alaska Coinnu'n iai (!oni- pany, and an^ jirotected by the Russian (lovernmont in niiicli tlie same manner that the Pribylofl Islamls are protected by tho United States Govcruinent. A description ■imqpii SEAL FLSIIERIES l.\ ]{ERING SEA. of ilio Hfiil industry on tliose islands is ^'ven by Professor Nordcnskiold in ^'oyagc of tlio V<'j^a, , in Seal Islaiitls of Alaska. At Kobben Roof it is iiniiossibio to establish a station, tlu) rock bcinj; often wave-waslitMl, but tli« Alaska Coinjiany send men there in the season to gather from 1,500 o 4,000 skins each year. The agent of tiie Russian Government confers with tlio Alaska Coni|)any's agent each year to deternnne the number of skins that shall bo taken in the Commander Islands. The seals taken by the Japanese are those migrating from the Commander group and are not secured in large numbers, tliP average being about 4,000, though some yea^s as many as 11,000 are taken, SciiEDULK A. — Memorandum of Heal-sk'm Hcizures, vessels, etc., in Behring Sea, in 1887. Kame aud rig. ^«tion. ^^^_ Captain. Owner. Seized. Date. Seals. Steamschoonerg. W. P. Saywnrd . iirifish ... ....do 59 3(! 76 70 CB 65 Geo. R. Terry. J. D. Warren.. ...do Steamer Rnsh . ...do do July 10 July 3 July 18 July 13 Aug. 12 Aug. 25 477 336 ....do Wni. Petit 891 178 1,S94 1,597 11, 069 1887 700 1,000 2,300 1,500 595 700 2,997 1,350 1,887 1,246 480 1,187 1,300 17, 242 Bkius , l^^l . Sik: Diiriiiff llic cmirx' of my cxteiidcd stiidicH of llin fur seal oi) its hrciMlinijf iiiid haulinj; jiioumls in Ueliiiiifi Sea, I \va,s led naturally into a very careful I'xainiiiatioii of tlio stilijcct of its jnoti'dioii and pcrin'tiiatioii. 'I'iiis invest illation cansfrl nu* to f^ivo iiuud) attention tlit'ii to llie ctrcct wiiicli iiclayic sealing would liavc upon tlin \v(dl-l)ein^ and tiio couM-rvation of tlifsc anomalous and valuable interests of our (lovornment as wo view tliem upon the I'rihyloff jjroiip. Wlieu ])rej)arinir, in \HTi\, a tiiial arranjiement of my field-nott^s and memoranda for publication in my Monoj^rapli of tlit! Seal Islands of Alaska (Tenth Census I'nited States of America), tiie late Professor IJaird suj^jjested that I (unit the discussion of tiiis theme f)f pelagic sealing, Itccause it miglit serve to invite an attack which other- wise would never he nuide upon those ]>rescrves of our Government. This attack, liowever, hiis recently l>ec:i made, and the thought occurs to me now that a brief epitome of my study of the etiect w hich (his plan of sealing will havt^ upon the inti'grity uiid value of our fur-bearing interests in Beliring Sea — tliat such a l)rief yet accurate statement will be of service to you. 1 therefore venture t<> present the following transcri))t: It is now well understood and uiniuestioned — (1) That the fur seal of Alaska is oi)lige(l to haul cut annually upcui the PriljylotV Islands for the purpose of breeding and shedding its i)clagc. (2) That from the time of its departure from tlu^se islan) That it returns from the broad wastes of the Nortb Pacilic Ocean by these same paths of departure. Therefore, if you will glance at the nuip of Alaska yon will observe that the con- vergence and divergence of these watery paths of the fur seal in liehring Sea to and from the Seal Islands resembles the spread »)f the sjjokes of a half wheel — the Aleutian <'bain forms the felloe, w hilo the bub into which these spokes enter is the small Priby- lotf group. Thus yo': can .see that as tbese watery paths of the fur seal converge in Bebring Sea they, in so doing, rapidly and solidly mass together thousands and tens of thou- sands of widely-scattered animals (as they travel) at points 50 and even 100 miles dis- tant from the rookeries of the Seal Islands. Here is the location and the opportunity of the pelagic sealer. Here is bis cbaiice to lie at anchor over the shallow bed of IBchring Sea, .'jO and 100 miles distant from the Pribylort' group, where be has the best holding ground known to sailors, and where he can ride at .any weather safely swinging to bis cable and in no danger from a lee shore if it should slip. The immediate vicinity, however, of tbe Aleutian pas.ses is dangerous in tbe extremi! to him. There he encounters terrible tide-rips, swift cur- rents, and furious gales formed through the entrances, witli the very worst of rough, rocky, holding ground. But up here, anywhere from 3 to lOO miles so.;tli of tbe Seal Islands, in Bebring Sea, in that watery roatl of the returning fur-seal millions, he has a safe and tine location from whicb to shoot, to spear, and to net these fur-bearing amphibians, and where Jie can work the most complete ruin in a very short time. His power for destruction is still further augmented by Ibe fact that those seals which are most liable to meet bis eye aiul aim are female fur seals, which, heavy with young, are here slowlv nearing tiie land reluctant to haul out of the cool water until the day and hour arrives that limits the period of their gestation. Tbe pelaL.ic sealer employs three agencies with whicb to secure bis ([uarry, viz: He sends out Indians with canoes and .spears from his vessel ; be uses ritle and ball, shot- guns, and buckshot; and last, but most deadly and destructive of all, be spreads the "gill-net" in favorable weatlier. With gill-nets, under run by a fleet of sealers in Bebring Sea, across tbe.se con- verging jiatbs of tlie fur seal, anywhere from 3 to 100 miles sotithorly from tbe Seal Islands, I am extremely moderate in saying that such a fleet couhi. and would utterly ruin tbe fur-seal rookeries of tbe Pribylofl' Islands in less time than three or 96 SEAL FISIIKRIES IN J5ERL\G .SEA. ((lur short sfiisons. If theses iii(-.i wv.vc iiiKrlicckt'd every f(ir)t of tliat uatcry area ot fiii-Hcal travel in Jieliriiiir Si'a aliove imlic^atecl could and wctiild l>e traversed l>y theso deadly nets, and a seal would scarcely Jiave one cliancc; in ten to safely pass such a cordon in attemiitini; to ti'> ii"ehrin;r 8i'a to unchecked peh'fjic sealiii<;, tlitsn a ileot of hun- dreds of vessels — steamers, slii]is, schooners, and whainot — would ininu^diately ven- ture into them hi'iit upon 1h(! most vifjorou. and indiscriniinato slanjjhter of those animals. A few seasons then ot the jjreediest rai)ine, then nothinj^ left of tlioso wonderful and valual)Ie Interests of the puhlic which arc now so handsomely eni- hodied on the .Seal Islands. (Juarded and (!onserved as they an; to-day they will last for an indehnite time to come, olijccts of the hijihest commercial value and good to tilt; world, and snlijticts for the most fasciuatinj; hiolojjical study. It is also well to note the (a<,'t that not an elij^ihlo acre of land is barred out from settlement or any other lit use hy ttiir people, and not a lea^^uo of water is closed to any l(;f;itimate trade or ct)mmerctf in all Alaska hy this action of our Governuient in thus proteetiufi; the fur-hearinj^ rookeries of the i'ribyloll' jrroup. Such are the facts in this connection. They are indisi)utal)le. No iiitelllij;ent, iin- sellish man will advocate for a moment the ]tolicy of (histructiou in this instance — ho nevi'r will if fully aware <)f the facts hearinj; on th(< (juestion. There are only two parties in this controversy. Tln^ party of destruction demands tlie full riffht to unchecked jielaj^ic sealiiifj; in Behrinjj Sea, while the party of preser- vation denumds the suppression of that sealiujjf. Comment is uuuecessaiy. Very tjuly, etc, IIenky W. Elliott. ISO. it. f Mr. Fhetps to Mr. Bayard. Xo. 090.] LECrATION OF THE UNITED STATES, London, February 18, 1888. (Ueceived February 28.) Sir : I received yesterday your instruction Xo. 782, under date of ]'\'l)ruary 7, relative to tlie Alaskan seal tislieries. 1 immediately ad- 8, and to my reply thereto, inimbered (UK), of February 18, I have the honor to inform you that 1 SEAL FISHERIES IN BERING SEA. 97 have since had int«'rvie\v8 on the subjoct with Lord Salisbury and with M. de Staal, the Kussian andKissador. Lord Salisbury assents to your proposition to establish, by mutual arrangement between tlm Governments interested, a close time for fur seals, between April 15 and November 1, and between 1G0° of longitude west and 170° of longitude east, in the Behring Seac lie will also join the United States (Government in any preventive measures it may be thought iKst to adopt, by orders issued to the naval vessels in that region of the respeetivi^ Governments. 1 have this morning tclegrapiMMJ you lor additional printed copies of instructions 1H2 for ihe use of Her Majesty's Government. The Kussian ainbassailor concnrs, so far as his i)ersonal opinion is concerned, in the pro]>ri(My of tl.usiness has been conducted. It is hoped that liord Salisbury will give it favorable consideration, as there ;Mn be no doubt of the importance of i)reserving the seal fish- eries in Behring Sea, and it is also desirable thai this should be done by an iwraugement between the GovernnuMits interested, without the United States being called upon to consider what special measures of its own the exceptional character of the i)roj)erty in question mighc re- quire it to take in case of the refusal of Ibreigu powers to give their co- operation. Whether legislation would be necessary to enable the United States and Great, Britain to carry out measures for the protection of the seals would depend much upon the character of the regulations; but it is probable that legislation wouhl be retpiired. The manner of protecting the seals would de))end u|)on the kind of arrangement which Great Britain would be willing to make with the United States for the policing of the seas and for the trial of British subjects violating the regulations which the two Governments may agree upon for such protection. As it ai)pears to this Government, the commerce carried on in and about Behring Sea is so limited in variety and extent that the preseut ettbrts of this Government to protect the seals need not be coujplicated by considerations which are of great im- portance in highways of commerce and render the interference by the officers of one Government with the merchant vessels of another on the high seas inadmissible. But even in regard to those parts of the globe where commerce is extensively carried on, the United States and Great Britain have, for a common purpose, abated in a measure their S. Ex. 106 7 98 SEAL FI.S1IEKIP:S in BERING SEA. objection to such iiitorferonce and agreed that it might be made by the naval vets.sel.s of either country. liet'erence \h made to the tieaty con<;hided at Washington on the 7th of April, 1802, between the United States and (Ireat Britain for the sup- pression of the slave trade, under which riie joint policing of the seas by the naval vessels of the contracting parties was provided for. In this convention no limitation was imposed as to the part of the high seas of the worhl in which visitation and search of the merchant ves- sels of one of the contraciting i)arties might be made by a naval vessel of the other party. In the present case, however, the range within which visitation and search would be requireurts of his own country. A precedent for such procedure is found in the treaty signed at the Hague on May 0, 18S2, for regulating the police of the North Sea fish- eries, a copy of which is inclosed. I am, etc., T. F. Bayakd. No. 80. Mr. White to Mr. Bayard. [Telegram. | Legation of the United States, London, April 7, 1888. (Received April 7.) Mr. White stated that on the following Thursday he was to meet Lord Salisbury and M. de Staal to discuss the question of the protec- tion of the seals. On April 7 he had had an interview on the subject with M. de Staal, from whom he learned that the Russian Government wished to include in the proposed arrangement that part of Behriug Sea in which the Commander Islands are situated, and also the sea of Okhotsk. Mr. White supposed that the United States would not object to this. No. 81. Mr. White to Mr. Bayard. No. 720.] Legation of the United States, London, April 7, 1888. (Received April 17.) Sir : Referring to your instructions numbered 782 of February 7 and 810 of March 2, respecting the protection of seals in Behring Sea, I have the honor to acquaint you that I received a private note from the Mar- quis of Salisbury this morning stating that at the request of the Rus- sian embassador he had appointed a meeting at the foreign office next Wednesday, llth instant, " to discuss the question ofa close time for the SEAL FISHERIK8 IN BERING SEA. 99 seal fishery in Behring Sea," siiul expressing a hope that 1 wonld make it convenient to be present, antl I have replied tliat I shall be happy to attend. Subsequently I saw M. de Staal, the Russian embassador, at his re- quest. He referred to the interviews whieh ^Mr. Phelps had had with him, of which I was, of course, cognizant, and stated that his full in- structions on the subject would not reach London until to-night or to- morrow, and that he was about to leave town until next Weduesdfiy, but meanwhile he could say that his (Toverument would like to have the regulations which might be agreed upon for liehring Sea extended to that portion of the latter in which the Commander Islands are situated, and also to the sea of Okhotsk (in which Robben Island is situated). As both these places .are outside the limit laid down in your instruc- tion numbered 782 (170° of longitude east from Greenwich), I have thought it best to send you the telegram, of which I inclose a copy here- with.* I am, etc., IlENRY White. No. 82. Mr. Bayard to Mr. ]Vhite. [Tolegrnm.l Department of State, Washington, April d, 1888. Mr. Bayard stated, in reply to Mr. White's telegram of April 7, that this Government did not object to the extension of the arrangement for the protection of the fur-seal fisheries to the whole of Behring Sea. No. 83. Mr. Bayard to Mr. White. [Extract.] • No. 849. J Department of State, WashingtoHy April 18, 1888. Sir : I have to acknowledge your No. 720 of. the 7th instant, inclos- ing copy of your telegram of the same date in which you informed the Department that Loul Salisbury, the Russian ambassador, and your- self were to meet on Thursday, the 12th instant, to discuss the protec- tion of vseals, and that the Russian (lovernment desired to include in the proposed arrangement that portion of Mehring Sea in which Com- mander Ishunls are situated, ami also the sea of Okhotsk. On the 9th instant I sent you a telegram stating that this Govern- ment did not object to tlie extension of tlie arrangement for the protec- tion of the fur-seal fisheries to the whole of Behring Sea. Owing to an error in transmission of your telegram, Okhotsk Sea did not appear to be included in the suggestion, bui; there is no objection to such inclusion. I am, etc., T. r. Bayard. For inclosnie see supra No. 80. 100 8KAL FI.SHEUIKS IN UEHINO SEA. No. 84. uMr. Whitf'fo Mr. Bayard. No. 725.] Sir : Kefi'rring to Legation of the United States, London, Ai)ril L'O, 1888. (Received April 'M).) your iiistnuitioiiH Nos. (Jo.'), 782, and 810, to Mr. Plieli)^' r()|)osed conventional arran}];enuMit for the jnotection of seals in Hehring Sea. M. de Stiial expressed a desire, on behalf of his (Jovernnient, to in- clude in the area to be protected by the convention the sea of Okhotsk, or at lijast that portion of it in which liobben Island is situated, there beiufj, he said, in that region larj^e nund)ers of seals, whose destruction is threatened in the same way as those in Behrinjjf Sea. He also urfjjed that measures be ttiken by the insertion of a clause in the proposed convention or otherwise, for prohibiting the importation, by merchant vessels, into the seal-protected area, for sale therein, of alcoiiolic drinks, fire arms, guni»owder, and dynamite. Lord Salisbury expressed no oi)iinon with regard to the latter i)ropo- sal, but, witjj a view to meeting the Russian Government's wishes re- specting the waters surrounding Robben Island, he suggested that, be- sides the whole of Rehring Sea, th«)se i)ortions of the Sea of Okhotsk and of the Pacific Ocean north of north latitude 41'^ should be included in the projiosed arrangement. His lordship intimated furthermore that the ])eriod ])roposed by the United States for a close time, April 15 to November 1, might interfere with the trade longer thiiii absolutely necessary for the juotection of the seals, and he suggested October 1, instead of a month later, as the ter- mination of the ]>('ri()d of seal protection. 1 referred to tlie commmucations already made by Mr. Phelps on this subject to Lord Sidisbury, and said that 1 should be obliged to refer to you the jjrojtosals which had just been made, before expressing an opin- ion with regard to them. I have accordingly the honor to ask for instructions in reference to the same. Mejinwhile the Marquis of Salisbury promised to have prepared a draugiit convention for submission to the Russian ambassador and to myself. I shall lose no time in forwarding to you a copy of this docu- ment when received. I am, etc., Henry White. No. 85. Mr. Bayard to Mr. White. No. 864.] Department of State, Washington, May 1, 1888. Sir: Your dispatch No. 725 of the 20th ultimo stating the result of your interview with Lord Salisbury and the Russian ambassador rela- tive to the protection of seals in Bebriug Sea, and requesting further instructions as to their proposals, has been received. SKAL FlSHKItlKS IN HKRINO SEA. 101 r As yon liiive alroiuly b»MMi iiistnictcd, the DopsirtiiuMit does not object to the inclu.sion of th«' sen of Okhotsk, oi- so uiuch of it as may be neces- sary, in the arranjivnient for thi^ protection of the seals. Nor is it thoufjlit absolntely necessary to insist on the extension of tiie ch)se sea- son till the 1st of Xovenil»er. Only such a period is desired as may be reqnisite for the end in view. Bnt in order that sucd StatcH ollici'rH. Th«^ (pieHtionH involved am th« snhji'ct of consideration l>y tho Gov- ernmentN of Hor MujcHty and thu United KtatcH and it wonhl not bo uonvonient or usnal to prcHeat the corrCNiioiideiice liefore it is concludeil. In answer to a fnrlLer qiu'stion from Mr. (loniley, Sir J. Fcr^nHHon said that the corrcMjiondence l)etw«'en Her Majesty'H (Jon eminent unil the (Government of tho United StatuN waH liein); condncted dipiomatically and in u friendly manner, and ho depre- cated any discnHHion upon the matter at present. No. 87. No. 780.] Mr. White to Mr. Bayard. Legation of the United States, London, June liO, 1888. (lle(!eive(l June ;iO.) Sir: I have the honor to infonnyou tliat 1 availed myself of an early opportunity to ae(]uaiut the Marquis of {Salisbury and the Kussian am- bassador of the recieipt of your instructioiiis numbered 804, of May 3, and shortl}' afterwards (May 10) 1ms excellency and 1 called together at the foreign office for the purpose of discussing with his lordship the terms of the proposed convention for the pjotection of seals in liehring Sea. Unfortunately jord Salisbury had just received a communication from the Canadian government 8tatir;g that a memorandum on the subject would shortly be forwarded to L(jndon, and expressing a hope t) it pend- ing the arrival of that document no further 8tej)s would be taken in the matter by Her Majesty's Government. Under these circumstances Lord Salisbury felt bound to await the Canadian memorandum before pro- ceeding to draught the convention. I have inquired several times whether this communication from Can- ada had been received, but it has not yet come to hand. I was informed to day by Lord Salisbury that an urgent telegram had been sent to Canada a week ago with respect to the delay in its expedition, and that a reply had been received by the secretary of state for the colonies stating that the matter would be taken up immediately. I hope, therefore, that shortly after Mr. Phelps' return this Government will be in a condition to agree upon the terms of the proposed convention. I have the honor to inclose for your information the copy of a ques- tion asked by Mr. Gourley and pnswered by Sir James Fergusson in behalf of the British Government with respect to the seal fishing in Behring Sea. I have, etc., Henry White. 8KAL FISHERIEH IN BEKINQ SEA. 103 [IiK'loMun' in No. 786.) 8KAL KISIIIN(i IN IIKilltlNC SKA. (Kxtract from The TlmuH, Tuutiility, Juuu 10, 1888.] Mr, 0 nakoil tho iiiHli'i-Nccrctiiry of Mtiitti for lorci;;!! allMrs wliollior it whm truo that tli»» Uiiitt'd .StatCH GovcniUH'iit luul (dliciiilly aniiininctMl tli« rH; wliotiior Ui'v MaJi'Mtj'H (jJovtirnnmnt liud mMit a war .sliip to warn nni.stt'is of Uritish Hoalinj; vt!H.st'is of tin- conHt'tiiuMU'i'H o'.' infrinj^inx tln^ Aiasi Tnitod StatoH OovernintMit tliat the tliree Hrilish veM.sels seized in If^-^tl, with their tacklo, appand, and furniture, Hlionid be renlored lo thi-ir owners. 'J'lie vessels in question were the Onward, Caroline, and Thornlou. As re;;ards the seizures in 1HM7, we have not heard that any of them have been released, but i)rocet'diu).fH in connectiou with all tlio Hcizurus aro before the Ainttriean law courts. No. 88. ■^ No. 948. J Mr. Bayard to Mr. Phelps. Department oi' Statr, Wasliitujloii, Auftunt ^, ISSS. Sib: I inclose Herewith, for your iiifortuatioii, a copy of a recent dis- patch* from Air. Ilubbard, our minister at Tokio, rtlative to the re- cent a(tir>uof the Japanese Government in requesting United States consuls in Japan to retrain from shipping Jap inese subjects on otter- hunting vessels ; and giving an account of the attack at Copper Island on the British schooner Nemo. I am, etc., T. F. Bayard. No. 89. Mr. Rives to Mr. Phelps.i No. 982.] Department of State, Washington, October 23, 1888. Sir: I inclose herewith, for your information, a copy of a dispatch to this Department from Mr. Stevens, our consul at Victoria, British Columbia, relative to the fur-seal industry, giving an account of the business for the season which has just closed. I am, etc., G. L. Rives, Acting Secretary. • See infra, No, 98. t Identic instructions were sent to U. S. minister to Russia. 104 SEAL FISHERIES IN BERING SEA. [Inclosure with No. 982.] Mr. Stevens to Mr. Rives. No. 374.] Consulate ok thk Unitkd States o^ America, Victoria, British Columbia, October 8, 1888. (Received October 19.) Sin: Witliiii the last week all but one of the Victoria Healing tleet of fifteen vessels have arrived in port, having completed the seawon's cruise. No unusual incident is nien-'oned save the seizure of the Jra«Ma/t. belonging to Hall & Goepel, of this city, off Copper Island, July I last, by the Alexander II, be- longing to the Alaska Commercial Company and Hoating the Russiap. Hag, as stated by the public press in reporting the seizure. Messrs. Hall & Goepel have giveu me Captain Sieward's statement, vi.r : "That the Araunah was seized on the 1st of July, 6 or 8 miles from the shore of the southern extremity of Co|)per Island, by the Alaska Commercial Company's BteBLmer Alexander II, floating a Russian flag (not the national (lag of Russia, hut a Russian flag of some kind — possibly a revenue flag). The Russian Inspector-General of the islands was on board the steamer at the time of seizure. The ground of seizure givei. wiis that Russia claims the sovereignty of the Behring Sea, and the in- spector stated that he would have seized the vessel had she been even 100 miles fur- ther south. The Araunah was first taken to Vladivontock and then to Petropaul- ovski, where the Indian hunters were paid for their canoes, and at which port the Araunah now lies. Thence the crew were shipped by the Russian Government in a vessel to Nagasaki, where the captain noted protest. The British Board of Trade there forwarded them to Yokohama, to be taken by the steam-ship lintavia to Van- couver. Apropos of this, on the Itith July last, a boat's crew from the Nemo, of Yokohama, was fired into from the shore ott' Atton Island by the Aleuts, the captain killed and two men wounded. This jiress print was attested as true by Mr. Gray, of Yokohama, yesteiday. The total catch of the Victorian ncalers Mr. Lubbe gives at 14,897 seal and 152 otter skins ; for the last season (1887) 30,'-i00, including about l'2,000 seized. Only five American scalers have reported hero this season. They have had the same luck as the Victorians. There has been an unusual i)eriod of heavy weather and fog at the north. Seal skins are worth $().ti.5; otter $1U.'). I am, etc., RoBT. J. Stevrns, Consul. Ko. 90. r The ichales in Hudson Bay. An Ottawa letter to the Boston Herald says : The Dominion Government is now considering the possibility of acting on the sug- gestion of Commander Gordon, in charge of the fishery protective service, and who has made several voyages to Hudson Bay to close the whale fisheries of Hudson Bay and Straits for a time, in view of the rapid depletion of this itidustry which has be- come apjtarent. The industry has almost entirely been carried on by New England whalers, and he sugg»!sts that, if they be allowed to continue, a heavy license for the privilege shonld be exacted. The New England whalers, it is reported, attack their prey with h.arj)oons, explosive bombs, and lancca, tired from large swivel guns carried ou steam-launches, instead of the old-fashioned weapons thrown by hand from row- boats. In giving his evidence, when this subject was brotight up before a committee of the Senate this spring, Dr. Bell, of the Goverinnent geological staff, said that against such ap])liances as are now used by the New England whalers the whale has no chance to escape. It makes the cajtture nmch more certain, as the whalers can de- stroy life at once with the bomb and secure the animal. Thirty years ago the larger whales were (jnite common in the Gulf of St. Lawrence, but were driven north by the large fleet of New Englaml vessels engage to my cablegram of the 29th ultimo has been mailed to this legation by the Department, that in that end a brief telegram signify- ing your willingness to include the sea-otter in the said negotiations would advance the negotiations and gratify this Government as well, who manifests a deep intei'est in securing an early arrangement by our respective governments for the better protection of the fur-seal and sea- otter fisheries in American and Japanese waters. I have, etc., Richard B. Hubbard. [luclosuro 1 in No. 393.] Mr. Hubbard to Count Ito Hirobiimi, United Statks Legation, Tokio, October G, 1887. Sir : I have the honor herewith to forward to your excellency, and to beg yonr early and favorable consideration of, a copy of an instruction which 1 have had the honor to receive from the Department of State of my Governinent. The general proposition respectfully submitted in this instruction by my Govern- ment, as well as the obvious and convincrug reasons there set forth in favor of its adoption by the friendly powers named therein, will, I am sure, receive from your ex- cellency's Goverjpraent the same earnest consideration as they have received from the United States. As already indicated nnofflcially to the foreign office, I shall, in furtherance of the wishes and instructions of my Government, be gratified and obliged if your excellency will formally appoint any future time and place when and where I may have the honor to confer and discuss with your excellency, or any other representative of His Imperial Majesty's Government, the subject of an arrangement or special convention between the Uuited States of America and the pjinpire of Japan having reference to the better proteGtion of the fur-seal fisheries in Behring Sea. I avail, etc., Richard B. Hubuard. ilncloRure in No. 393.— TranHlation.] Count Ito Hirobumi to Mr. Hubbard. No. 8584]. Department for Foreign AFFAins, Tokio, October 8, 1887. Sir : I have the honor to acknowledge the receipt of your oxcellenty's note of the 6th instant, in which you are pleased to inclose the copy of a conmiunication from the honorable the Secretary of State in reference to the seal fisheries in Behring Sea. and, in pursuance of instructions contained in that dispatch, invite His Imperial Majesty's Government to enter into an arrangement with the Government of the ■s» 108 SEAL FISHERIES IN BERING SEA. United States havlnji; for its object the protection of fur seals in BebringSea from indiscriminate destruction and consequent exterininatiun. The unregulated and indlscriruinato slaughter of the sea-otter as well as the fur seal on the coasts of Japan and in their conterminous waters is a subject which has for many years eugagtMl the serious attention of the Imperial Governuu^nt. The experience of His Imperial Majesty's Government justifi87, iind his reply tlwrcto dated NovciiilxM' 8, l!^*7, (•oiici'niin;;- a proiioNi'd ;irraii;^ciin'iit wliich tho Uiiitt'd States invited Ja))aii to enter into wit li tlie I'nited (Stales and eeriaiii otlu!r powers, foi- tlie iiroteetiiin oft lie lin'se.als in iieliriiij; Se;i IVoin iiidiscriniinale destruc- tion and eonsetiiient exlerininat ion, 1 liave now t lie Iioiu'I- lo inclose an Inst met ion* from my Govorumeiit in resp(nise to my disiiateli to I'le lionoral)le tlie .Se<'reiary of State, informin;;' him of Japan's willinjiiiess to enter siieii an ;irranj;emHnt. It will lie observed by your excellency tlial my (iovenuiient is ii waitinj;' tlie r(!|»lio!* of soTne other foreign j;overnnit'nts to the invitation of the United States locnier into 8iich a convention. I have not comnninicated with jonr excellency's department since my note of the 0th of October, on account of awtiitinji' ttuihcr instructions from my (jovernnicnt in tho premises, to jivliicdi the instruction lieiewith inclosed especially refers. The sub- stance of the inclosed instruction has not been lierctofore cuinmniiicalcd to your ex- celleiicy'M Governuient,hoi)iii<;that 1 nii<;ht,as indicated, ere now have been furnished with linal instrtictiouH to conclude a of otter and neal within the jiiriwdiction of His Iiii- the the liffl- nder to SEAL SHERIES IN BERING SEA. Ill *i perial Majesty is prohibited by law, h-is iinprossiMl in)oii tho Imperial Ooveriiiiiont the iiecesMity of adoptiiiy; more ttt'eutiial iiieaMnres on the one hand to protect His Imperial JapaiieHe Majesty's subjects Iroiii the eoiiseciueneeH of acts for which assea- nien they could hardly he lu-ld responsible, and on the other to put a stoji to an un- lawful occupation. With these objects in view, I have the honor to request that you will instruct the consuls of your country in Japan to refrain, until ctlierwise advised, fiom shipping Japanese subjects on board any American vessels enj^a^ed or about toenj^aj^e in otter or seal hunting. I avail,, etc., Count Siugknobu Okuma. Ilnclosure 2 in No. 491.! Mr. Hubbard to Mr. (ircathonse, Unitkd Statks Lkoatton, Tokio, J It J II l->, 1888. Sir: I have to inclo.so for your information and iibservanct^ and t;uid.iii;'e a copy of a note from the Jai)anese unnister foi- foreij^n affairs, in which as tln' diplomatic representative of the United States, I am re<|nested to instruct consular representa- tives of th(i United St.ites resident in the Empire to refrain, utitil further notice, from shipping Japanese subjects on board any American ves.sel eng.igfd or aliout to en- gage in otter or seal hunting. This action, as the minister for foreign affairs states, has lieen occasioned by the "necessity of adopting more effectual measures on tlie one hand to protc^ct. His Im- perial Jai»an(!He Majesty's subjects from the conseijuences of acts for which as sea- men they could hardly be held responsible, and on the hand to put a stop to an un- lawful occupation." In view of the fact that the United St.ites CJovernment re'ognizes the exclusive jurisdiction of all governments over their own subjects, and in view of the extra- territorial jurisdiction in the open jjorts of Japan, by wliich Japan has no means of enforcing the observance of its laws by masters of American vessels, I deemed it proper, under the comity of nations — a comity which the United Stiites has shown to Japan in cansing the observance of .lapanese (|uarantine regulations anil in other instances — to instruct you to observe the. re<|Uest of the Japanese (jioverinnent in this particular; and you will therefore refrain, until further notice, from shipping .Japa- nese subjects on board any American vessel engaged or about to engage in otter or seal hunting. You are further instructed to forwjird a copy of this commnnication, together with a copy of the note from the minister for foreign affairs, to each of the United States cousnls at Osaka and II logo and Nagasaki, with instructions that they will observe the same. I am, etc., RiciiAHD B. HunnARD. No. 99. the was '7'- h the the Im- Mr. Hubbard to Mr. Bayard. No. 492.] United States Legation, TokiOy Japan, July lo, l.S.SS. (Ueceived August 8.) Sir: Referring to the correspondence which has taken place between the Department of State and this legation concerning a propo.scd con- vention betw< en the United States and Ji'.pan and some other powers, looking to the protection of the fur-seal tisheriesin Hehring Sea, I have the honor to inclose a cojn- of a note, dated July 9, from the Jai>anese minister of foreign attairs, inquiring as to the nature of the consulta- tion now being conducted at Lotnlon on this subject, with a view of in- structing the Japanese minister at London to take part in said couhuI- tation i)rovided it has assumed the nature of an international conference 112 SEAL FISHERIES IN BERING SEA. in which the views of tlie several powers iuterested may be inter- changed. Tlie note from Count Oknma and my reply to the same, also herewith inclosed, fully explain themselves, ancl are forwarded to the Dei)art- merit with the view of eliciting such reply as may be desired advisable in the premises. There is no doubt tiiat the Nemo aftair, to which I had the honor to refer in my disi)at(!h No. 4!)1 of this «late, has iiad the ellect of increas- ing Japan's interest in the proposed convention and her desire to see it concluded at an early day. 1 have, etc., ItlCHARl) IJ. IIUKBARD. [liiclosurc ] in No. 492 — TvanNlntioii.] ' Count Okinna io Mr. Huhhard. DlCPAHTMENT FOK FoUEKJN Al'KAIRS, Tokio, the 7th day, the 1th month, the 2l8t year of Meiji. SlH : With re ft' re n (Ml to llie ])roi»»»Nal of your Goveniiiient to enter into a jiroper ar- rangement i'or the purpows of iireveiiting V)y internatioiiiil er)-oi>eration indiwcrinii- iiate and nnregnlated destrnetion of lurMt'als in tlie Behring Sea, the viewH of the Im- perial Government liaving hcen eoinmniiieated to you, y«nir Government intimated that tliey would api)roaeii the .suhjtH't ngain u|»on reeeipt of re.sjtonHes from the pow- ers consulted, and eonse(iuently the Imperial Government have heen awaiting further Gonimunication from your Government. In the mean time it has rec-eiitly been reporttid to the Imjierial GovtM'nnient that the United States minister at London is holding consultation with Her Britisli Majesty's princii>al seci'etary for foreign iitVairs iind tlio diplotnatie re))re,senlatives of some other j)ower or jiowers interested in n-spei^t to certain matters l»earing upon the sub- ject. The Im]»erial (iovernment are not awtireol the nature ol the ([uestion under discus- sion. If, lio\v{!ver, the negotiation has actually assumed the charai:ter of an interna- tional convention, in \\ liieh the views of the several powers interested may he fonnally interchanged, the Imperial Government would romised his excellency ihat you would retpiest your Government to furnish you with iull information respectinj^' the i)ro^ress of the nejjotiations. No chanjje is known to have taken i)lace in the state of the lu'yotia- tiona at London since the Department last wrote you on tlie suhject. Four months a<;o strong hopes were entertained here that the conven- tion would soon he conchuled. JJiit the Department is now informed that the views of Iler JJritannic Majesty's minister for foreign affairs have met with obstruction from Canada, where vessels are yearly titted out for the purpose of preying upon seal life by the use of tire arms and other destructive weajKuis. It is not perceived, therefore, how the i)artici]»ation of .lapan in the negotiations at Jjondon could luomote their successful conclusion. There is not known to be any ditlerence of opinion between this Gov- ernment and that of Her liritannic Majesty as to the necessity and pro- priety of the international arrangement, now under consideration, for the protection of the seals in IJehring Sea. The convention which Japan will seek to make on the same subject will, as you have indicated, have to be shajied in some respects so as to meet the wishes of Japan in regard to the i)rotection of her inter- ests in the sea otter. What this Government deems necesf^ary for the ]»reservation of the seals in Behring Sea is entirely to prohibit the slaughter of them with firearms, nets, and other destructive imple- ments, at a distance from the coasts. The Dei)artment would be glad to learn the views of the Japanese Government concerning the meas- ures necessary for the protection of its interests in the otter, and to be furnished with information respecting their territorial and pecuniary extent. I am, etc., T. F. Bayard. RUSSIA . No. 102. Mr. Wttrts to My. Bayard. No. 139. J Legation of the L-nited States, St. PctcrNhurg, September 3, 1887. (Received September 17.) Sir : I have the honor to acknowledge the receipt of your instruc- tion No. 99, of the 19tli of last mouth, relating to the measures to be taken for the better protection of the seal fisheries in Behring Sea, and to inform you that, in obedience to it, I have communicated the invita- tion of the Government of the Unitecl States to that of Russia, to enter into such an arrangemeut as will put a check to the indiscriminate de- struction, by the citizens of either country, of tlie seals in those waters. 1 am, etc., George W. Wurts. SEAL IISIIEKIES IX 15KRIXG SKA. 115 Xo. 103. Mr. Lothrop to Mr. liai/ard. No. l.'il.J LlUiATION OF TlIK UNITED STATES, ^7. FefcrHhKrg, December 8, IS87. (Keceived DH'ember 27.) Sill: I liavr the honor to transmit herewith tiie translation of a note from the foreign olliee, received at tlie h'jjation yestenhiy, on the i)rop- osition of tlie IJnited States for an international afjreenient touchinj; the captnre of seals in IJehrin'*' Sea. The earnestness felt here in the matter is plainly indieated by thelangna^ie of the note, which speaks of nnrestrained seal hnntinji- as a thin}; which not only threatens the well- beinj;- bnt even the existence of the peojde of the extreme northeast coast. This lanfjaafie represents a view which I have heard here in conver- sation, of course not otticially, aiul which is substantially as follows : The seal tishery on our IJehrin;^' coasts is the only resource our i)eople there have; it furnishes them all the necessaries of life ; without it they l)erish. Now international law concedes to every ])eople exclusive juris- diction over a zone alonj; its coasts sutticient for its protection ; and the doctrine of the equal rights of all nations, on the high seas, rests on the idea that it is consistent with the common welfare and not destructive of any essential rights of the inhabitants of the neighboring coasts. Such common rights, under public law, rest on general consent, and it would be absurd to attirin that such consent had been given, where its necessary result would be the absolute destruction of one or more of the parties. Hence, the rule can not be applied blindly to an unforeseen case, and these alleged common rights must rightfully be limited to cases where they may be exercised consistently with the welfare of all. Behring Sea partakes largely of the character of an inclosed sea ; two great iiations own and control all its inclosing shores. It possesses a peculiar fishery, which, with reference to its preservation, can only be legitimately ])ursued on land, and even there only nnder strict regula- tions. To allow its unrestrained pursuit in the open waters of the sea is not only to doom it to annihilation, but, by necessary consequence, to destroy all its coast inhabitants. If this result is conceded, it follows that the doctrine of common rights can have no application to such a ease. I have thought it might not be uninteresting to give this as a view which has found expression here, and, if found necessary, I think it not improbable that Eussia would feel that she was driven to ? ' on it. I am, etc., Geo. Y. N. Loturop. [Inclosure in No. 151.— Translation.! M. Ac (Hers to Mr. Lothrop. MlNISTJlY OF FORKIGN' AriAIRS, Aniatic Department, Noremher 25, 1887. Mu. Minister : Mr. Wurts, mider date of Aufrust 22 [September 2], wa.s good •CDoiigh to cominuuicate to ma the views of the Governtiieiit of the IJnited States of America upon the subject of the desirableness of an understanding, among the Gov- ernments concerned, for the regulation of the taking (Za chasse) of the fur seal (loiitrca) in the Behriug Sea, in order that an end might be put to those inconsiderate ])ractice.s of extermination which threaten to dry up, at their source, an important branch of international commerce. IIG mi:al fisiikriks in ijerixcj ska. We coiHiir ciiliirly ill tlu* vicwN ot'tlio (ioviTiiirii'iit of tlic I'liiti'il HtiitoH. liiko it, Wit aJM) liinc liccii lor a Khil; tiino ('oiisiilcrin;; wliat iiifaii-4 could l>i< takiwi to i'*>iii*Mly a staff ol' tliiii^H wliicli is iiicjiidicial not only to comiin'ii-c anil to rcvrniu', lint wliicli will not Ion;; ili'lay to work disaHlroiis icsnllM, not only to the Wfll-lit'in^r lint I'Vi'ii to 1 lie rxisti'iii-f III' on r iicoplc in tin- rxtrcnu' iioillirast. 'I'lif fstaldisliiiit'iit of a ifUNon- alilo rule, and oC ii lawful Kv.sfi'in in tlir nsf {rr.riiloildliim) of tho riiMcnircoH, wliich liirniMJi llicif only indn.stiy, is for those iicojilo ol' vital ini|)oitan('r, 'I'lu' )ir»'Nsiii;; inl»'it'st wliii'li tlir iniiu'iial (ioviTnincnt lias Iicimi tims callfd to con- hidcr had alri'ady Hn,u'.!;fsti'd to it tho idea of an intiTiiational a;;n'cin('nt, \>y whirli this interest ini]Lrlit lind its most el'iicient proteetion. If is l>y this way that tho dif- ferent <|iiestions involved can be liest resolved, mid anion;;' wliieh tliore exists, in our ojtinion, a irlose (;onneeiioii. The ]ii'o)iosif ion of an accord em ana tin;; fiom the (iovernment of the rnited 8 fat oh, and w hicli we take jili-asuie in (.'onsiderin;; as a step towards that ueneril solution, miisf. of conrse, hnt meet the sineeri^ syinpathies id' th(! imperial (ioveinnient, uiiil its active Hn])port, and this I pray yon to make known to the Caliinetat WiisiiinKtou. I'lease receive, eti'., CilKUS. Xo. KM. Mr. Lothrop to Mr. Jiai/ard. No. 101. J Legation ov tuk United States, .SY. PeterNhim/y Fehruari/ L'L', l.ScS8. (Received March V2.) Sill : Your . in. of tin's res])(nist'. to my noto (written niuler your instrncition of tluto September 17, 1887), invitin»^te>- 21, 1886. My Lord : The reported seizure of British vessels by American cruisers in waters over whicliit a])pear8jtlie United States Cxovernment claim jurisdiction, as adjacent to the Territory of Alaska, has given rise to much comment in the newspapers touching the interests of a power- ful commercial company which may be affected by the international (piestions arising- therefrom, anjuired ]t08session, and especially for the occupation of the I'riliylor Island, to which, l)y virtue of the arran^emiMits with Prince Matsukolf, the new company considered they liad an exclnsiv(> rijiht. l'p(m their arrival there, however, they found them occu- pied by ex]>erienced sealers from New London and Stouiuifton, Conn., under one Cai>tain Morf;'aii. A li>?ht tor ])ossession seenu'd innuiuent, but a division of the season's catch was tinally aj^reed upon. While the two parties were thus amicably at work, Mr. Pllu<;el, Russian vice-consul at Honolulu, .-Mrivt'd at the head of an ox- ))eH'i6 an act of Congress was passed, the conditions I'or pei'niissicui to take seals bein;,', howi^ver, reserved for future Con}j;res- sioiial action. TIk; c()aliti(Mi between Hutchinson and Moi-j^an still continutMl, and tinally led to tht» orfjanization of the powerful and wealthy Alaska Commercial Com- pany. Since 1870 this comitany has controlled the entiio fur trach^ of Alaska, and by virtue of its alliances with the lessees of tho Kussian seal islaiids controls the valuable fur-seal trade of the world. With stroni;' ])olitical inlliience in th(i Congress of I87(i, it obtained a lease of the Pribylor Islands for twenty years, at a I'ontal of .§.')5,()(l() a year and a royalty of S'^AVi per skin, the take to be limitecl to 100,000 skins a year. It is caleulateil that the company pays annually !JIU.'),000 to the United .Statics Treas- ury, which, after i)ayin<^ all the expenses of the Territory, yields more laan 4 percent, per annum on tin; iiurchase-iuouey paid to Russia for Alaska. To j)reserve this revenui! thronj;1i future years, the protection of the seals fi-oni ille- gal capture or disturbance on their annual visits to the islands h.is bt^en deenuid an absolute necessity, and hence the prohiliiiion aj^ainst approacliinji' or !andin<<' on the islands, and the vifjilance of the United States cruisers in tho Hehrin;^ Sea. It is not, however, {ienerally understood that the Aliiska Company controls the fur trade of all tho nuiin-land and islands of Alaska lyiny; west of the l4lst meridian td" west lon lit. Hon. Edward Staniiopk. Xo. 100. The adminiNtrator to Mr. IStanhopc. Halifax, Nova Scotia, lSq)tcmber 27, 1S80. Sir : 1 have the honor to inclose herewith a coi)y of an approved minute of my i>rivy council, to which is appended arei)()rt by my minis- ter of nnirine an- above-mentioned vessels have been tried before the I'nited States dis- trict court at Sitka, in Alaska, and sentences of iminisonmeut, in addi- tion to heavy lines imposed upon them, while their property has been subjected to forfeiture. (3) My ministers are of the opinion that the action of the United States authorities with respect to these vessels is indefensible, and that immediate reparation should be demanded from the Government of that country therefor. (4)1 have communicated a copy of this minute and the api)ende«l report to Her INIajesty's minister at Washington. I have, etc., A. Eussp:ll, Administrator. lit. Hon. EuwAKD Stanhope, etc. I Kiiclosuiv. ] Coiijinl coin/ (>/ a report of a coniniillce of the hmtorahlv the jiririj (mnicil, tippxiicd by his eu'ccllviicii llie admiuislrator of the !iortriii>r in vo unci I on tht 2Ath Scptinibcr, Itj^ !. Tli(i committee of the pvivy ('v:iiiicil have litul before tlicm (he jiiineNcfl report from tlx' minister of iiiariiie ami iislieries, witli reference to tlie ease of the (Jaiiadian seliooners Thornton, Onintrd. n\u\ Ciirolind seized on tlie 1st of August last by the United States authorities in l>ubrin<;s Sea. The c'oiiimittee coiicnr in the saiil rt'iiorl, and tliev advise that the samt; be carried out. All wliieli is resiieclfully submitted for your exfelleney's apjiroviil. .JoiiN' J. M( Or.i:, C!i-rk I'rirtj Voanvil, Canada. DKrARTMIONT Ol" ElSIlKKlKS, CaXADA, (Hlau-a, '2lKt .September, Idf^O. In ref"erence to Ji rei)ort of council under date '2'.U\ Se])tend)er, referi'iiij;' to tlic; case of Canadian schooners Thornton, Onward, and Carolina, seized on August 1st by the United States authorities in Kehrinjis Sea, th<' uiidersigtu'd has the lionor to lay be- fore council the followin TiM'ri- tory of Alaska, and bearing date4th September, IH.'d. (1) That the nuister and unite of the schooner Thornton wi'ro brou|iIit for trial be- fore Judj^e Dawson in the United States district court at ISitka on the odth August last. (2) That, the evidence giviiii by tlie olliecrs of tho. United States revenue-cutter Coririn altem])ts to show that the Thornton was seizi'd while in l!eliiiuv,s Sea al)out (iO o ■ 70 miles SSE. of St. (ieorge Island, for theotfeiise nf hunting and killiuL!; sen Is within tliat i)art of Behrings Sea Avhich was ceded to the United States by JJussia in IHtiT. (:?) TJi.'it the judge, in his charge to the jury, after (juotiiig tin? tirst article of X\w treaty, ;iOth March, llrti?, between Russia and the I'nited States, in which the western boundary of Alaska is deiined, goes on to say : "All the waters within' the boundaries set forth in this treaty to the western eml of the Aleutian Arclii]>eiago anaiing animal or animals, ou the shores of Alaska or in the Behrings Sea, east of the IDItrd (legicc! of ^est longi- tude, the jury should tiud the - United States, and that in the mean time tli(> facts containtMl therein be tele- graphed to the Secretary of State for the Colonies and to the Hritish minister at Wasli- in<>ton. The wlnde respectfnlly snbmitted. Gkorck E. FoSTKIi, Miiihlerof Marhic and Fisheries. > No. 110. The (((hninistrafor to ^fr. l^tanho}^'. Halifax, September i>7, ISSO. Sir : I have tlio honor to for wiinl herewith, for tninsiuission to tlie foreign ofiice, a coi)y of an approved report of the committee of the privy eonncil, submitting? depo.sitions from some of the otUcersaml men of the Canadian schooners (hiivard, Tkoruton, and Carolina, relative to the seizure of those vessels in IJeiiring Sea by the United States leve- nne-ci tter Corwin, and their subsequent detention at the Port of Ouna- laska, in the Territory of Alaska. (2) You will observe from the accoinpfinying; papers that it appears that the schooners mentioned are Canadian vessels, tittecptembcr, 188(J. Oil ii report dated Htli September, 1H8(1, from the iiiiiiLster of iiiiuine and tisheries, snbmittiiij^tlieiiccoinpaiiyiiif; pajiors relative to tlie seizure of the Canadian sclioonors (tiitvard, Thornton, and Carolina in lielirinf^'s Sea by the United States revenue-entter Coru'in, aud their subsecnient detention at the port of Oonalaska, in the Territory of Alaska. Copy of .T, letter from James Ogilvie, master of the Canadian sealing schooner Car- olina. Copy of a letter from Daniel Munroe, master of the Canadian sealing schooner On- ward. Depositions of John Dallas, seaman on board the Thornton : of Tlionias McLardy, cook on boaid the Carolina ; of Edward Shields, seaman on board the Carolina ; and of Wni. Mnnsie, owner of the Carolina ; all of the province of British (."(diinibia. The minister observes, that from these pajiers it ajypears that the schooners men- tioned are Canadian vessels, fitted out in Victoria, British (joluntbia, for tin* cjipturo of Heals in the waters of the- Northern racitic Ocean, adjacent to Vancouver Island, C^iieen Charlotte Islaiuls, and Alaska : that at the time of their seizure by tin; Corwin- they were taking seals in the open seas, out of sight of land, the Carolina in lat. .^).">'^ .")0' "N., long. IOrJ 5;{' \V., the Onward in lat. 54- fvi' N., hmg. 1(57- ;'..'>' W., aud the Thornton in abtmt tlxs sauu> latitude and longitmle, and all of them at ii distance of more than fiO miles from the nearest laiul ; that they were taken possession of by the United States cutter on August 1st, l-'bti, aud towe|U'oved, together with copit^sof th(*i)apers herein nieutioiu'd, to the right honorable tlie ])rinci])al secretary of state i"or the coloiues. for trausmissi'Ui to the foreign ollice, and also co])ies to Her Miijesty's minister at Washington. All of whicdi is resi)ectfuliy submitted for your excellency's approval. Joiix J. Mc'(iKK, CUrk Triry Council. Ilnclosiini 'J. 1 Copy of letter from JamcH OyiUie, master of schooner Carolina. SciIOON'Ki: CAIiOt.INA, Oonalaska, Any nut Ii, I88f). Dkaii Sih : The United States steamer Corwin boiirded and took iduirge of the schooner in latitude oo^ 50' Is., longitude Kie' 5:!' W.; they took all the lire-arms from the schooner. I asked why they dul so; they said tor killing feuuih^ seals aud carry- ing tire-arms. Tiiey towed the Thornton aud Onward in at tlu; same time. I have got (i8G seal skins on board ; Thornton, W\; Onward, Wi). I have heard nothing of the I'allijinder in the Behring Sea; she was seen oil Sitka, coming up. It was on August 1, at 6 p. m., they took charge of the schooner; canoes and white men will not do ; all the schooners that have canoes liiive got from !) to II canoes. The American schooner N'rtH i>/('^o is in h»!re ; they havti taken all her skins aud sails on shore; 500 skins. Thirteen days after wo left Clayipiot we were in the Behrings Sea, we lost the boat from the stern. Auiil-ST 7, 1886. The company's steamer St. I'anl \v\]\ leave to-morrow; the captain of the San Diego> and all hands are going down in her. I will send this letter by her. Yours, truly, Jamks Ooii.vii:. ^nB^^mm !iiere \vc are lyinjj; at i)resent with wails bent and seals on board and a watchman in eliar jjavehim 50H skins and they had 1, 21)0 they took themselves, niakinj^ them about l.ti'OO total, and as we were in sifrjit of each other until the iii^ijht of the 1st instant he must have nuide a j^ood catch, tor we liave 400 skins on board at jireseut that we took in four days, and lam jtositive his crowd could take twice that number, as we have not got the best t)f scalers, I believe all the scliooners did well, and I tiust they will get away all right. There is no cutter out at jueaent, as there is only two of them nji here, one of them up in the Arctic; and the other that brought us her*! is still watching us here. We may iind out to-day how they are going to dispose of ns, but I am in hones they maile fal.se stei)H, and that they can do nothing more than sjtoil the season. They took the schooner iSan Dicijo in here about a nioutli ago, and took the skins out of her and unben! her sails and ]int everything ashore, and they are sending tiie crew to .San Francisco to-day in one of the Fur Coin]»any's steamers, St. I'aul. Later on have heard nothing more, only the crew of the Thornton and Carolina is going to San Francisco to-day in the steamer St. I'anI, except the captain and one man in each, but they took none of our crew. There are rumors adoat that the tliree schooners are to be laid up here all winter, and that we are to be taken to JSitka, l)ut no certainty. I wrote you this morning as tlie boat was leaving the wharf, thinking that she was going away, l)ut shi! came to anchor i)i the roads and I don't think I finished it. I was afraid of being late. We sent a i)rotest on board the cutter against the action of the authoritier, in seizing the vessels on the high seas, but I don't know if it will amount to much; thevo is no notary ]inl)lic here to sign it. I have notliing more to write you. Trusting things will turn out better than we expect. I remain, etc. C11AIU.KS SP1!I.\G, Escj., Victoria. T).\SIKI. MuxitOK. [lucltisinc 4.] J)ej)Oiiilion of John Dallas. I, John Dallas, of ^'i(•toria, I'ritish Columbia, seaman, do solennily and sincerely declare that 1 was engaged about the end of May, IHdd, as a seaman on board the Bchooner Thornton, of 'Z'Z.'M registeriMl tonnage, registered in the Dominion of Canada as a lUitish vessel. I was engaged sealing on the west coast of V'aneouver Lsland, and wluMi tl.o seals got scarce the Thornton M't Clayakot, Vancouver Island, for Beh- ring Sea about beginning of .June, and three days alter i)assing ITnamark Pass we kilh'd our first seal, being then about 2^>0 miles from land ; we wc^re engaged seal- ing in the o]>eii sea until the 1st of August. We had a little ov(!r 400 skins on board when the L'nited States steamer Corwin sei/.ed our vessel and took her to Ounalaska ; they were about twenty-eight hours engaged in towing us to Ounalaska. The master of the CociriH removed all our guns and ammunition; ten guns in all. There were fourteen hands on board the 'Thornton altogether, including two Indiana; nine white men and a Chinese cook were sent to San Francisco and there discharged; two white men and two Indians were left on board the schooner at Ounalaska ; wis were 5 or ti miles from the Carolina at the time we were seized. I saw no other vessel in sight at the time ; we were never in sight of land during the whole time we were sealing. And 1 make this declaration conscientiously, believing the same to be true, by virtue of the act passed in the thirty-seventh year of Her Majesty's reign, intituled "An act for the supjn'cssiou of voluntary and extra-Juilicial oaths." John (his x mark) Dallas. Taken and declared before me .it Victoria this SHd day of August, 18SG, the same having been liist read over to him. M. W. Ttuwiutt Drakk, Justice of the I'eace. .SK.VL FISUKKIF.S IN BERING SEA. 125 Ih'ponH'ion of ll'illiiiin Miiiisir. I, WilliiUM Miinsit', oC X'it'torin, j^riirer, do solcinnly and Hiiifcrcly dcclari' lliat I am the Koli^ owner of llit^ Mclioont-r ('arnHiKi, and she lias a ( 'anadian n-^jisttT, iiavin;^ hi'vu rr^iistiTcd at tlio iioit of Victoiia ; Ilic vessel atid lici- onllit at tlit^ liniii sin- leCt for r>clirin;^ Sea was S7.(MI() And I niaki' this soltMnn doclaralion, consciciitionsly bolicn'- in;i thf same to lie trui', l>y virtue of tin' aet passed in tin- lliirty-seventli year of Her -Majesty's rei;^n, intituled "An act for tlie isuiniressiiui of voluntary and extrajudicial oatlis." AVm. MfNSIK. Taken and deelared lieforo »ip at N'icloria tins '2'.'>d Auf^ust, If^'^i't. M. \V. TvKWiirtT DiiAKK, •fuhttcc (if tilt' I'luri'. DepoiiUion of Tlioman McLardij. ■ I, Thomas McLardy, of Vifjtoria, ISritish Columbia, coidt, do solemnly and slncfroly declare that I was enj{a<;ed as cook on l)oard the Kritisli schooner ('oroVmn. I wa* (Ml board when the United States steamer Corwiii seized her. During Iht! whole tinm the said schooner was scaliiifj she never siffhted land once. After she was s»,'ized the Curithi took her in tow, about (i o'clock in the eveninj;, and about ■{ o'clock in the niorninj; the En.'2(> tons, was also seized and taken in tow to ()onalaska. Her crtiw were left on board, and not renH>ved to Sau I-'rancisco. She hal.l)(l reiL;ist'-red tounaj;e, tlo solemnly and sincerely declare that 1 lel"t A'ictoria on board the aforesaid schooner on tin; 20th Slay, lp!ri(), bound on a voyage to IJehrin<^ Sea i'or the purpose of sealiuf^. The schooner was litted out for this purpose; she had eleven hands on board, including; the master, by name James Ojjilvie. We sailed to liehriiiLC Sea and commenced sealing on the l'y tlie Itiissian (rovernnient on rior to tlu^ cession of Alaska by Knssiiv to the United States, was either strennonsly resisted or treated with ridicule and contenipr by the (lovernineiit of the latter ]»ower. It is impossible to believe! that when, by the convention of 1825, it was a;;reed that the subjects of (Jieat Jiritain, asoiie of the (jontractin^ parties, shoiihl not be " troubled or molested in any i)art of the ocean (M)inmonly called the J'actillc Ocean, either in navigating the same or in lishing theiein," any reservation was intended with regard to that part of the Pacific; Ocean known as Jiehring Sea. The whole course of the negotiations by whicn this convention and that between Itnssia and the fJnite«l States, of the same year, were precey the con- fiscation of their catch, and by the imprisonment of some of the per- sons on boanl of them. 1 understand that owing to the amount of the lines imposed, which were so heavy that the owners have declinetain of the Carolina, whih^ waiting at Oonalaska for the trial of his vessel, wandered otf into the Woods, in which it appears, from Mr. Munsie's stateuuMit, that he must have i)er- ished. Lanixsdow.ne. The Kight Uon. Edward Stanhope, etc. Iliicloaiire 1.1 Certified copy of a report of a committee of the honorable the priri/ voniicil for Canada, approved by lug excellency the governor general in council on the 'Z\)th November, Ir'dCi. Tho coiiimittoo of the privy council luive liart lUKhir coiiHldoration acommiiiiiciitiou from Mr. E. C. Bak(!r, M. P., urcHident of tlic Uritisli C()luinl)ia JJoard of Trad*-, triuis- initting a letter from Mr. Theodore Liihbe, tlie iiiaiiaginjj; owner of the Hritisli Co- lumbia sealing tleet, asking information as to the United States claim to the easterly half of Behriugs Sea as AmcMiean watius. And also a despatch, dated "Jtitli August last, from the lient. Jiovernor of Hritish Colninhia, advising of the seizure of tho Canadian schooners Carolina and Thornton i»y tho United States revenue steamer Corwin, wliile engagt' also detained by the United States authorities. The authority under which these seizures were made is apparently : (1) A letter of instruction from the Acting Secretary of the Treasury of the United States to Mr. 8. Ex. 106 9 130 SEAL FISIIKRIKS IN BKRINO SEA. D'AiKonn, (lie ((tllcctor of niNtoiiis at Sail Francisco, dated liifli Mnrcli, IHHl, wjtli encloMiircN (A of the appciKlix). {'J) A letter from tlie Secretary of tlit' United KtatcH TreiiMiir.v to tlie collector ot (iMt. nm at San rrancJNco, dated Kitli Mardi, iHHti, con- tiiniin^ tlie InMi ructions ^ivcn to Mr. D'Ancona in iff\, and ordering ]inldication of the .same (H of apiicndix ). (U) 'I'he K'e vised Statnt»H ot the I'nitcd StatcH, the l.V.MItli Hcction of \vhi<-li prohiliitN the killing of tnr-l>carin^ animals within the limits of Alaska Teriilory, or in the waters thereof, and the scit the killing of male si-al excejit at e«-rtain times and nndcr certain restrictions, and of temale seals at any time, n|)on th<^ ishimis of St. I'anI and St. (leor^e, or in the waters adjacent thereto. 'I"he ma.'';lcr and mati- of the schooinT 7'/i«n(/(j»( were sn1ise(|Mently (IMth Anjjnst hist) lironyht for trial hefoie .ln Initcd Stales revenne-cnttcr Conciii was to the eflcct that the 'J hiinilini was .-ci/ed while in itchriiijrs .Sea, ahont (!0 or 70 miles SSI'., of St, Geor<;e Island, for the cflcnKc of Inintinj;' and killiiif^ seals within that y\rt of Hchrinjis Sea which was ceded to the I'nitcil Slates hy Knssia in lH(i7. The judye, in his chiir^re to the Jnry, (|note*>ea, so as to p;iss midway lietwon llie norlliwesi point of the island of St. Liiwrcnee and the soiitlieasi ]ioiiit (d ('ape t'lionk(d.->ki, to tin' meridian of one hundred and seventy- two west lun^ilndc; thence from I he intci'sectioiMd' that meridian in :i sonthwcsttM'ly direction, so as to pass midway hetween the island (d' Ullon and the ('o|)per Island of the Korniandorski C.'onplel or yronp, in the .North I'acilic Ocean, to the meridian of one hundred and ninety-three de;L;i'ees west lonj^itudi', so as to include in the terri- tory conveyed the whole (dthe Alcnlian IsLinds east cd' the ni<'ridian'" (Kxecutive Docnmcnts, 'inil session, U'th Connress, \'oI. 1!!, Oocnnient 177.) The Judf;e is reported to ha\ e fione on to say: "All tht^ waters within the hoiindiiry set forth in this treaty to the western end of the Aleutian Arehiiiela-^o and (di;iiu id' islands ;ire to he considered as comprised within t'.e w;iterK(d' Alaska, and all the peiuillics prescrihed hy law a;;ainst the kill- ing of fni-heai in«;- aidmals must therefore- attach ajj;ainst any violation of law within tho Hunts hefore deserihed •' If, then-lore, the jury lulicve from the evidence- that the defendantH did hy them- selves or in conjunction witli others on or ahont the tinn- charjied in the infornnitinn kill any otter, nnnk, martin, sable, oi- fur-seal, or otln-r fur-hearinj; aiiinnd or ani- nuils on the shoi'cs of Alaska oi- in the I$ehrinjj;s S(-a east of the one hundred and ninety-third 'U-fiiee of west lon}.!;itnde, the jnry should find tlu< defendants ri.sonment and to pay a tine of fliuO. It apiiears from a tele- fiiaphic despatch of the 18ih of September last, that the nnisters -md mates of the OiiUaid and. Carohnn have since also been tried and sentenced to undergo penalties similar to those inllicted on the niast«'r and unite of the Thornton. The subcommittee do not here ^iropose to ci'iame ton the enlarged constrnction idaced hy Judge Dawson ou thb words "adjaceni waters" iu the clauses of the Re- vised Statutes above referred to, further tlia" l( remark in passing that its effects would be to convert a ])urely inuuicipal prohibition into an international obligation, and to claim for the United States a jurisdiction which their Government have in the p;!st not only u or power . HKAL FiailKlffKS IN HKRING SKA. 131 to drl\ ) drive otV ]iarties guiii^ iiji I here for tliat piir|Misi', unless they made siwh iittemptH within II murine league of the shore." Uoiiii; further liuek in date the Hiiluomiiiittee hud liiat in I'^'i'i ii claim to hov ereiniity over the I'acilic ((ceiiii north of the ,Mst demce of latitude was put forward by Kiissiii. An impeiiiil nkase issiiid on I ho I (lii) Septeuilier, JH-Jl, rc;;nlatinK coin iiierce, \\halinj^ and lishiiifi alon;^ the eastern coast of Siheiia. the nortliwesterii ccMist of North America, and the Alciiiism iiiid oilier islands, and prohihitin^ ail for- eign vcsscIh from laiidin;; on the coa.-.....; conditions wiiich are ordinarily attached to .shut scis (HHr« /crmc'oi), and the IJiissian GovMiimeiit might consi'(|iieiit ly Jiidgti il.self aut hoi i/.ed lo exercise upon this sea the right of sovereignty, and esiiecially thai of entirely inteidiiting the entrance of t'or- eigncrs. Hut it jtreferred only as.serting its essential rights, wilhoiit taking any ad vantage id" localities." Mr. Adams deemed it a siitlicient answei aim to point out tht> fact that )t less than DO'^ ■'/•) ^*ii.A\ii,iiii.~i«it^>> (■(illrctoi- >it' ciisioins at Sail I'liiiiriMo, dalcil Idtli Maicli, ISM). C. Kdict of His IiniK rial Maji^nty, aiitin rat of all tlie KiiHHias, dated 4th SeptemliiT, 'o8(i. i ' Al'l'KNUIX A. Thicasuuy DKt'AinMKNT, I2tli March, Ifi'Hl. D. A. D'Ancona, 717 O'JuirrcIl street, San Francisco, Cal. : Sir: Your letter of the HUli ult., reciuestinj; certain information in re;;iird to the meaning ]iiaeed by this Dejiaitment u]inn the law reguliiting the killing of fur-bear- ing animals in the 'l.'eiiitoiy of Alaska, was duly received. The law iirohibils the kiliing'of any ftir-beariug animals, excejtt as Ihereiti other- wise ])ro\ ideii, \\ itliin the limits of Alaska 'J'erritory, or in the waters the>'eof, and also ])rohiliits the killif^ of any ftiv seals on the islands of St. Paul ami St. George, or in the wateis adjacent thereto, excejit during eiTtain ninntlis. ^'oit iiKiiiire in regard to the interjiretat ion of the teriiis '• wiitets thereof " and "wateis a. I.jiieent thereto," as use cession extends from a line St. lit ing liom the Arc'tie Ocean aed .mining through lieliring Straits to the north of the St. liawretice Isliiiids, The line runs thi^nee in a south wcteriy direction, so as to pass midway between lite island ol Attan and Copjier Island, of the Koiiuandorski cou]tlet or gnuip, in the North racilie Ocean, to meridian of 17:{degri'es west longitude. All the waters within that boundary to the western end of tlie Aleutian Archipelago and chain of islands are considered tis conipi ised within the watei> of Aliiska 'IVrritory. All the iieiiiilties prescribed liy law against the killing was (ailed to this suliject on 4tli April, lr*Hl. This communication is iiddiossed to you, iniismnch.as it is umlerstood that ceitiiiu parties at your port contem]>Iat(^ ti.'^ fitting out of exjieditions to kill fur seals in these waters. Vou are rciinested to give due ]iublicity to such letters, in older that such parties may be informed of»tlie con- Btruction placed by tliis i)epartiiu'nt on the provisions of law referred to. I). Manning, i^ecrctary. COIXKCTOK OK 'STOMS <»F SaN FUANCI8C0. SEAL FLSHEKIES IN BEIilNG SEA. 133 )n8 will he ato release stained by txcellency . tlie seens- liKK. r CoinicU. •oiin, tlie rol- vch, IHHl. ;iir(l to tlio i)f i'lir-bear- reiii otlier- t)f, ami al.so I'oi'ffc, or in ereof" aud tion of the Vlaska, yon [cTi rritory itory !so oi 'h? Re- nds iVoui a tlie north y between i)U|>, in the ers within islands are nals would bed. stir, ccttlary. •ch, 18Ht). .scd by the sdietion of t ion of the scribed by lecessor in addiv'ssed nplate ti.'^ ed to give if»tlie eon- lX(f, ecrelary. > Ari'KNi)i\ C. KDICT OF Ills IMPKlUAr, MAJKSTY, AL TCtCRAT Ol" AT,t. TICK RTSSIAS. The directing senate niaketh known unto all men: Whereas, in an edict of ilis luijterial Majesty, issued to the diiXM^tinj;; senatt; on the 4th ilay of 8e|iteniber, and signed by His Inipeiial Majesty's own hand, it is thus expresset! ■ " Observing from rt^ports submitted to ns, that the tradi^ of our Hubjeci." on the Aleutian Islands aud on the northwest coast of AnuMiea appertaining unto Russia is subjected, because of illicit and stH'ret trallie, to oppression and impedimeufs ; a,:;d iinding that the priiu!i])al cause of these ilillirulMes is the want of lules establishing the boundaries for navigation along these coasts, ami the order id' naval comninni^a- tion, as well in these tilaecs as on the wjiolt* of the eastern coast of .Siberia and the Knrilo islands, we have detained it necessary to determine these coiuiuunicatious by specilic regiilati(giilations to ;lie directing senate, we command that the same be imblished for universal iuforii ation. and that tlit! proper measures be taken to carry them into exe — 50 novtlieni latitude, is exclusively granted to Russian siilijeets " Skc. 'i. It is therefore ])roliil(itcd to ail tbreign vessels, not only to land on the i;oasts and islands lielongiiig to Riissl i. as stated above, but also to appntaeh them within less than a hundred Italian miles. The transgressor's vcsiiel is subject to cou- liscation, along with the whole cargo." [liu'losiire 2.] ^fr. /ffiAcr to the Secretary of State. Ottawa, April I), 1H86. Sir: I have the honor to tr.iusmit herewith a letter just received from Mr. Theo- dore EublKj, the managing owner o! our British ("olmiibia sealing Meet, and subjci-t lie referred to his ex- cciieney tlm governor-general in ,onncil, so that I may be inl'nrmed .as ipiickly as is reasoimbly possibh^ what repl; to telegraph. Should this mode of procedure be irreg- ular or uiulesir.'ible, then I would most respect fully ask that sncli ot iier steps hi; taken in the pnuniscs as to yon may appear necessary or expedient so as to avert trouble in the (dosely approaching season alluded to, and retnovt! all doubt as to the rights of the jiarties on the " high seas" m- otherwise as may appear to t>e reasonably con- sistent. I have the honor to b(>, sir. your most obedient servant. l'-l>GAlt t'KuW BaKKR, M. p., i'itel'residcnt liritish Columbia Hoard of Trade, The Skcretauy ok Statk. 134 SEAL FISHERIES IN BERING SEA. [Inclo8ur- 3.] Mr. Lubhe to Mr. linker. ViCTOKiA, Bhitisii CoiX'MniA, MnJi :iO, 18(?6. Dkah Sir: The inclosod clipniiijj xplaiiiH itHt-lt'. Tlie (lueHtioii I wIhIi to ank is, ciin ti;' United States claim tbo easterly half of Behriiifjf Sea as "Aineiicim waters"? The British schooners Mnry EUen, Favorite, Onward, Gracia, Dolphin, Ann Beck, Wm. J'. Sai/ward, Mar;/ Taylor, Caroline, Alfred Adams, and Active inti^nd to follow the seals into Belirinjj; Sea at the end of the seal-!ishinf; season, off the British Coluiiihia coast — say '20th May next. 'I'liese schooners ."onld spear and shoot seals upon the hinh seas and have no occasion to jjo within '.iC miles of any land. You are awan; that the British schooner Alarii Ellen has already nui«le two snccessful voyaj^os to Behrinj^ Sea. The Favorite made also a successfnl voyage during 18i5. Both these vessels were s))okcn by riu American revenue-cutter in Behring Sea, but not in any way molested. Would it not Le well for you to obtain from thi' minister of marine in Ottawa a written ojdiiion, and further, would you be );()od en(>ujj;h to ecunmuiiicate to mo the substance ot such ojiiiiion by wire ? Please act jtromptly and oblige. Yours, truly, T. LunuK. Mr. Edgak Chow Bakkh, M. P., Ollawa. The letter referred to iu my letter dated Ajjril U, 18'S(i. Edgak Chow Bakkh, ^f. P. wahnino to skai. ihnx'khs. The Treasury Dejiiirtmciit having become informed that certain jKirtics are fitting out exi»editioiis for the jiiirpose of killing fur seals and other fur-lx-aring animals in Alaskan waters, gives the following i!ifnr:i at ion (o parties concerned as to how far the jiirisdictio'i of the United States extends in the iiiatter: » . ■• ' »•■.....■., .-. . ..• .............. ....,.». <.'..,...^ .J ^ ^, North Paciti(! Ocean, to meridian liK!^ west loiigiinde. All the waters within that boundary to the western end of the Ah'iitian Archipelago and chain of islands are considered as eoini)rised within the watersof Alaska Territory. All the iienalties prescribed by law against i he killing of fur-bearing animals would therefore attach against any violation of law within the limits jiresciibed. [Inclufiuro 4.1 Mr. Luhhe to Mr. Baker. Victoria, British Columbia, April '2, 1886. Dear Sir : The inclosed dipping is upon the same subject, hut more fully than tlie one sent yon :?Oth ultimo. Please attend to this matter promptly. With regards, T. LUBBE. Mr. Edgar Crow Baker, Ottawa. The "Alaska Commercial Company " is evidently pulling the wires. T. L. SEAL FISHERIES IN BERING SEA. 135 ALASKA 8KAL CATCHING. 10, 18l?6. ■ly half of 4nn Beck, to follow ie Hritish hoot peals mil. Yoii sTicce.s.sfiiI riiij; 18io. iriiig Soa, 11 Ottawa ate to me LURBK. The story goes that some poachers were tittiug out in this port to kill seals on the Federal preserves in Alaskan waters. To warn all such parties, Secretary Manning addressed the following note to Collector Hager : Trkasury Depaktmrxt, M-rch (), I88t). Siu: I transmit herewith for yonr information a copy of a letter addre.ssed Iiy the Department on the 12th March, 1881, to D. A. D'Ancona, coiiconiing th«!Juri(oii the law n-gulating the killing of fur-by 'aw againsL the killingof fur-bearing animals would therefore attach against aty i-daliouof hiw within the limits b- fore described. Very respectfully, H. F. Frknoh, ' . AcHng Hevrelary. D. A. D'Ancona. 717 U'Farrtll street, San Frai'ciHco, Cat. All parties are warned that the rule laid down by the Secretary of the Treasury of tliH United States in 1881, and re-afWrmed in the note of Secretary Manning to the eui';>ctor of this port of date of Match IG, 188ti, will be rigidly enforced against all wht7 Httempt to poach upon the Federal preserve by killing seals within its limits, thero !;• id >*owii and defined in the wafers of Alaska. From that preserve tiie Fed- erii' ■ ■ jvemiiient ilerives its revenue, and its lessee is entitled to the protection prof- fered by the note of tl'.e Secretary referred to. 136 SEAL FISHERIES IN BERING SEA. CONIRAJJANI) SKAL HLNTING. Noticiiif^ in your issue of tlie Call of tbe 'ioth iiistaiit an article refcrrinj; to the Alaska Fur Coin))any'.s territory, to ol)liach the western limit of our jturchase from Russia, ami until the right of the United States (Jovernment to exclusive Jurisdiction over those waters is successfully controverted, yon must not violate the law of Congress 1 '■.iHiiig seals i herein, without the consent of th? Sec- retary of the Treasury, on ))er 'iscation. According to the current of nioderii authority, says Chancellor Kent, 'iieral tcirrltorial Jurisdiction extends into the sea as far as a cannon shot will re... ;ind no fartbei-, and this isgeneially calculated to be a marine! league (15 iuiles): and the Congress of the United States has recognized tills limitation. The claim of Russia to sovereignty over tlm I'acilie Ocean north of the r)lst degree of latitude, as a close- sea. was cinisidercd i)y our (iovernnient in 1822 as being against the rights of other nations; but now, as we have bought Russia out, it is all right. One's oiiinions change according to oinrs stand-point ; and besides, cannons shoot farther now tlian they usiul to. f [Inclosiiin T).] Mr. Liihbe to Mr. Jiaker. ViCTOUiA, B. C, April 12, 1886. Dear Sir: Please seefol. 10 and 11 of the inelvsed document. Yours, truly, T. LUBBE. Mr. Edgar Crow Baiter, Jloiiat' of i'oinnio)is, Ottawa : Charles Edward Pooley. a imblie notary in and for the Province of British Colum- bia, duly commissi(uieil and sworn, residing and practicing in the city of Victoria, in the said luovince, do lu'icby certify that the annexed jtajier writings are full, true and correct cojiies of the sworn copy sworn to lu^ a coirrect copy by .John T. Fogarty, at the city of San I'raiicisco. in the Static of California, on the 215(1 day of December, 188."), befoie .John K. Haniill, notary i)nblic. In testimony whereof I have In reunio set my hand and seal of otlice, at the city of Victoria aforesaid, the 12th day of April, 1886. ClIAltLKS E. POOJ.EY, Notarji I'tiblic, I'ictoria, Ji. C. I. [PfBUC— No. 120.] AN ACT ti> pri'vent llie ('xtriniination of fnr-lirarinp nnimnlH in AlnwUii. He it iiiactcd />// the Senate and Uoune of h'eprenetitatiren of the United States of Avierica in Conj/re'-H anHcnililed, That it shall be unlawlulto kill an.\ fur-seal u])on the islands of Saint Paul and Saint George, or in the waters adjacent thereto, except during the SEAL FISHHHIES IN BERING SEA. 137 months of J line, July, SepttMuber ami October in each yoar, and itsball be nnl'iwful to kill such scaiisat any tunc by tln>, use of (ire-arms, or HM(M)tlit^r nn-aiiH tcmtinj; lO (lriv«! the seals away from sai'l islands: I'mviriril, That tiie natives of said islands sliall have the privilt'jje ot killine prescribed by the Secretary of the Treasury. Skc. 2. Ami be it further enacted, that it shall be unlawful to kill any female seal, oi' any seal less than one year old, at any seiisdu of tim year, exce]it as above provided ; and it shall also be unlawful to kill any seal in the waters adjacent to said islan from the sea to remain ; and any jierson who shall violate either ot the piovislons of this or the tirst section of this act shall be jmuhsIkmI, on ijonviction thereof, for such offence, by a line of not less than two hundred dollars, nor more than one thousand dollars, or by im|irison- niont not exceediufr hI.x months, or by such tine and imprisonment both, at the discretion of the court havinjj; jiirisdi<'tion by takinjf coivnizance of the offence; and all vessels, their tackle, apjiarel, and furniture, whose crew shall b(! found en<;aK«d in the violation of any of the inovisions of this act shall bi; forfeited to the United States. Skc. ;i. And be it further einjcted, that for the pi^riod of twenty years from and after the passinjf of this act the number of fur seals whi(di may be killed for their skins upon tin; island of Saint Paul is hereby limited and resl ricted to s»!venly-live thonsanil ])er annum ; ami tin; number of fur-seals which may be killed for their skins ui>on the island of Saint (ieor^e ishercl»y limited aiifl restricted to twenty-tive tho!:..iaml jier annum : I'roridi^d, Thai the Secretary of the Treasury may restrict iiiul limit the rij^ht of killing if it shall become necessary for the presei vation of such seals with such ]>roportionate reduction of the rents reserved to tin* (iovernment as shall be riirht ami proper, and if any iierson shall kn()\vinj;ly violat(i eithei' of \\w. ])ro- visions of this section he shall, iijion due convictinn thereof, lie, )>unished in the same ■way as provided herein foia violation oi the i)rovi.si()ns of the tii'st and second sections of this act. Ski'. 4. Ami be it furtluM' enacted, that immediately upon the passaffe of this act, the Secretary of the Treasury shall lease for the rental mentioned in se(^tii to the lessee or lessees of ,„i:d islands a lease, diil\ executed in duplicate not trail si era ble, anil taken from tin; h -si e lU' lessees of said islands \i bond wit h su flic lent securities in a sum not less than tin- hundred thousand ihdlars conditioiu'd f u' the faithful observanie of all the laws and rventy years or on surrender or forfeiture of any lease, other leasees may be made in ni.anmsr aforesaid for other leims of twenty mniih: but no persons other than American citizens shiill be iierniitted l>y lease m' othi-rwise. to occupy s.aid islands or either of them, for the ])nrpofie ot taking the skins of fur seals therefioin. nor shall any foiciji'ii vessel be enjiajted ii takmj; such skins, and the Secretary of the Tr.easiiiy shall vacate and deidaie any lease ibrfeited if the same be held or ojieriited for the use, benelit, or advanta<;e, directly or indiiectly, oiii..,i^(tw(!r to transfer, for the term of twenty year.s, from the Ist day of May, 1870, the right to engage in the business of taking fur seals «m the islands of St. George and St. Paul, within the Territory of Alaska, and to send a ves.sel or vessels to said islands for the skins of such seals. And the said Alaska Commercial Comi)any, in consideration of their right under this lease, In^reby covenant and agree to jiay for each year during said term and in prop(ut ion during any part thereof, the sum of $.").'),000 into the Treasury of the United States, in a»;cordanee with the regulations of the Secretary, to be made for this jnir- poso under said act, which payment shall be secured by deposit of United States bonds to that aniount ; aiul also covenant and agree to i)ay annually into the Treas- ury of the United States, under said rules and regulations, a revenue tax or duty of $2 ujion each fur seal skin taken and shipped by them, in accordance with the provis- ions of the act aforesaid ; and also the sum ot G*2A cents for each fur seal skin taken and shipped, and .'>.') cents jter gallon for each gallon of oil obtained from said seals for sale on said islands or elsewhere, and sold by said company. And also covenant ai'd agree, in accordance with said rules and regulat' jus, to furnish free of charge the inhabitants of the islands of St. Paul and St. George, annually during said term. SEAL FISHERIES IN BERING SEA. 13& 25,000 dried Baliiion, (iO cords fire-wood, and a suflicient quantity of salt, and a snflQ- cient nninber of l>arrelH tor prescrvin};; the necessary Hiipply of meat. And the said lessees also liereby eo\enant and agree during the term aforesaid, to uiaintain u school on each island, in aceordanec^ with said rnh^s and regulations, and Huitahie for the education of the natives of said islands, for a period of not less than eight months in each year. And the said lessees further covenant and agn'e not to kill upon said island of St. Paul more than /fj.dOO fur seals, and upoji the island of St. George iu>t more than *2r),000 fur seals )ier annum ; not lo kill any fur seal upon the islands aforesaid in any otlu^r month except the montlis of June, .Inly, September, and October of each year; not to kill such seals at any time by the use of fire-arms or other means tending to drive the seals from said islands; not to kill any female seal or any seal li'ss than one year old; not to kill any seal in the watctrs adjacent to said islands or on the beaches, cliti's, or rocks whei'e they haul up from the sea to remain. And tbv. said lessees fnrtlier covenant and agrtM- to il ido by any restriction or limi- tation ui>on the rights to kill seals untb^r this lease that the act jtrescribes or that the Secretary of the Ticasnry shall Judge necessary for the pieservation of su(;h seals. And the said Icssta's hereby agret; that they will not in any w-" v sell, transfer, or assign this lease, and that any transfer, sale, or assignment of the same shall be void or of no ert'eet. , And th(! said lessees further covenant and agree to furnish to the several masters of the vessels employed by them oerliSied copies of this lea; -, to bt< presented to the Government revenue ollicers for the time being in charge of said islands, as the au- thority of said b'Hsees for the landing and taking said skins. And the said lessees further covenant and agree that they or their agents shall not keep, sell, furnish, give, or dispose of any distilled spirits or spirituous liciuors on oi tiler of said islands to any of the natives thereof, sucli i)erson not being a pliysician furnishing the same for use as medicnne. And tilt! said lessees further covenant and agree that this lease is accepted sul)ject to all needful rules and regulations which shall at any time or times hereafter be made by the Secretary of the Treasury for the collection and payment of the rentals herein agreed to be jtaid by said lessees, for the comfort, maintenance, education, and jiroteciion of the natives of said islands, and for carrying into etiect all the provisions of the act aforesaid, and will abniebj- and conform to said rules and regulations. And the said less(M;s, acce]»ting this lease with tin; full knowle and agrt^t that tht^y will fnllill all the i)rovisi()ns, re(iuiiements, and limitations of said act, whether herein sptcitically set out or not. In witness whereof tht^ i)arties aforesaid have hereunto set their hands and seals the day and year above written. William A. Richakdsox, ■ictiuff Secretary of the Treasury. Alaska Commkrcial Company. By J NO F. MiLLKit. Executed in presence of Prenidcnt. J. H. Savillk. I certify the fori-going i)rinted co]>y of the lease of the United States to the Alaska Commercial Comjiany of the right to take fur seals in the Territory of Alaska, has been compared with the original mi lile in this Department and isa true copy thereof. J. H. Savillk, Chief Clerk Treasury J)eparlinent, Washington, U. C, September :i, IrSTO. III. Mr. Boutwell lo Mr. I'helps. Tukasl'ky Dki'Autmknt, Washington, 1). C, April l\), 1872. SiK : Your letter of the ^.^th ultimo • was duly received, calling the attention of the Department to certain rumors circulating in San Francisco, to the elfect that ex- * Tbe following is the commimicatiou to which this letter is the reply : Mr. Phelpt to Mr. Boutwell. CL'STOM-IIorsE, San FiUNrisco, Collector's Office, March •>.», 1872. Silt: I (loeiii it proper to call the atteution of the Department to certain rnniorx, wliich appear to be well authenticateil, the Hubstaiicnof which appears in tlie printed slip talo sent to tin! ri'^ifMi of OonimaU Pass, l>y tin' ir)tli of May in-xl. A vt-ry fnll ('onvcrsation wan had with Cap ain Bryant upon this snhjtMrt while! ho was at liio Dt!|»artiiumt, ami ho com-oivt'd it to Ito cntiriily impra(!tical)lo to niaUo snch an oxju'dition a payinjj Olio, inasmnoh as tho seals yo singly or in pairs, and not in drovos, and covor a lar{i;o roffion of wator in thoir honn-ward travol to tln-so islands, ami ho did not sooiii to foar that, tho soals .vonld ho driv(!n from thoir aocnHtomod rosorts, ovi!n woro such attt!ni]its nnid*-. Ill a numbers, and also tlirounh the narrow straits mar that pass which si'iiaratu sevcial small is- lands fi'cini till' Aleutian <;roup. The nb.ji'cl of these .several expeditions is untpiostionahlv to interci'pt tho fur seals at those narrow rassiiyes dnrinsr the period above niontioned. and there, by means of small boats, manned by skillful ndiansor Ah'utian hiuiters. make indiscriminate slaughter of those aninuils in the water, after the manner of li'mlinfr sea-oiter.s. The ovd to be aiiprehended from such proceediniis is not so much in respect of the loss resulting from the destruction of the seals at those places ialtliou;:h tho killinir of each fcinalo is in etFect the destruction of two seals), but the daimer litis in diveilinsi these animals fiom their aci-ustomed coarse to the ishimls i>f St. I'aul ami St. (ieort;e, their only haunts in tho United States. It is belit'ved by those wlio !iav.tfiiinfr Coru'in lor ilu! iillrj;t(l illcmil captiiic nf .st'al>s in tlif waters oT tin; rnilcd States has iittracti'd a siii prisiii^L^ly sli;;lit aiiKiiiiit of atli'iiiiiiii in lliis (|iiartcr at least. 'IMiis is jirolialiiy Mrit ish, one American, from San l''rancisco. luit the iiat iou;ilit.\ of the oilier two is not ijiven. It is not pretendeil that any of them was within a iiiarine leairne of the shore; in fact, the only vessel whose phu e (d capture is siiccilicaliy stated in t he dispatidi is the Hritish schooner J'liointoii, whiidi, the caiitain of the ( dru-iii siiys, was captured ahoiit 7(1 miles soiitli->outhcasi of SI. (ii lU'^e. 'i'liis would liriiifx her Tiii miles from the chain (if the Aleutian Islands and lit*!) miles j'roiii the iicaresi point of the uiaiii- laud. The caidnred schooners ^ven^ taken to Ounalaska. where they were liludtMl for condemnation, and their crews wei'c? conveyed to Sitka, where the masters iviid mates, in iiddilion to the lossof their vesstds, were tried liefore Jiidj^e Dawson and lined and iiuprisoncd. In the (!ase of the Thoniton, the captain was lined .f.'iOC and to be iinprisontul for thirty days, while tlie mate of the same vess(d was fined SiJOO. ,Iiidi;t' Dawso?i,iu passiufi' sell tenets was very severe on the prisoners, and likened their oti'eiise to piracy, telliiij; them that tliey had no more rieht to j;o into tlit^ waters of another nation to interfere with its iiidustries than they had to j;o upon another maifs land and .appro- priate his cro])s. .Jiidjre Dawson, althoui;li only a district Judj^e, considers that his jurisdiction extends over the wliole of the waters of .Alaska, comprisiui; alioiit a mil- lion sijiiare miles of what would elsewhere he renaided as the high stias, ao that lie may lie safely regarded as the greatest inarilime Judge extant. If it should Vie re|iortcd some day in the papers that a (iloucester fishermau had been captured by a Canadian cruiser 'MO miles otV the coast of Nova Scotia, and that her niastt^r and mate, in addition to the loss of their vessel, had lieeii heavily fined, and were then languishing in a Canadian prison, there would proluildy lie some indignation in New England. Yet that, as regards the maritime aspect of the ease, is sulistant ially what the Alaskan seizures amount to. It is maintained, liowever, that the circumstances of these cases an^ moditied by the faet that- Russia claimed the wliol(! of Bidiring Seii as part of her territory, ami that the waters claimed by this Government were .'cded as part of Alaska. .Judge Dawson is re)»orted to have said on this jioiut that Russia had claimed and exercised jurisdiction over ail that part of Behrings Sea embraced in the boundary line set forth in tin; treaty, and that claim had been tacitly recognized and ac((uies(!(^--uiii|)lioii iijion wliich tbosf sfi/,nit'N •.vcit) made, a l)ri«'l' liistofy ol' tlic t'vmts wliicli led u|i to tin in will lio iicc(?|>ial>li' at tlu" iiri'M'iit time. In Mai'i'li, i>tt7, a tiTaty vNasimiilf hrtwccn lvnsl^ia uikI till' United Slatt's, liy wliicii IJiissia ccdrd all its |Mis>ii'HNioiiN in Mriiisli North AniL'iii'a to llie (loviiiiim'iit. of tin- I'liited Siale.s. One of (lie terms of tliat treaty declared tliat the western limit ,\\ itliin wliicli the territories and d(Mninion eonveyeil are contained (.asse.-, tliron;;li a point in liidirin;^ Straits on the parallel of ti.") de;iree8 :U> niiiiiites north latitude at its inters ition l»y tlie meridian, wliicli [tasses nii' hetween the nortliwest point of St. liawreiiee and the southeast point of Cape ChoiitUolski, to the meridian of 17'i w«'st lon<{itiide, thence t'roni the intersection ot' that meridian in a southwesterly direction, so as to pass midway lietwecn the Island of At ton and tlie ( 'oppei- Island of the Koimandorski couplet or^ronp in the North I'acitic Ocean, to Mie meridian id' 171) decrees west lonj;ilnde. so as to include in the territory coiivc\cd tlie wlnde of Iho Aleutian Islands east of tlnit meridian. So f.ir, so eooil. In Jiiiy. lr<7i>. in tlie second session of the fort\-lirsl Compress, an act was passt d entitled "An act to prevent the extermination of fnrlieariiiLC animals in Ahisk.-i." in which tlKMiiimher of sealn to he killed for t heir skins was limited on SI. I'aiil aiid St. (Jeoree Islands to 7r>,i)00 ])er aiinnin on each island, \\\l]\ ]io\\cr hy the Secrei;iry of the Treasury to fnither limit the nninher if lu'cessaiy, and ^ivinji that (iflicial power to lease for rental nieu- tioiK'd in the act, to projier and respoiisiMc parties, to the hest ;uhanla;;e of the United St.'Ucs, havinji' due lei^ard to the interests of \hv (Jovi rnimnt. the naiivo inhaliilaiits, t he parties hitherto ennancd in trade, and the piniectien of tln'se.il tish- eries, for a term id' twentv-live yejiis, from May, r-7ii, the iij;ht !o eii;^aj:e in takinjj seals on flic Islands of Sf. I'anI and ."st. (ieiULjc. Another stu'tion declares th;it any persmi who shall kill any fur seal on either of saiil islands, or in waters adjacent thereto, without .authority Itoiii the lessees thereof, or interfere with them in the lawful prosi-ciition of their duty, .shall he deemed unilty of a misdemeaiior, and shall for each (dVeiisi-, upon conviition. hi' ]iiinishcd, and all their vessids, tackle, .aiiparel. appnrteiianci s, and carj^o shall he forfeited to t he L'nited States. In the niontji follow in;; t he passage ol' this act. that is, in Au;;iisl, 1-70, a lej'.se called the seal island icase, w as e\c<'iited he I ween t he United States (onernmeiit nieiit and the Alaska Commercial Company, a corpoiatioii cstaldished in C.'ilifornia. In return for the exclusive pi ivile^e ui taking for twenty yejiis (with certain resrric- tions) fnr .seals in the islands of St. I'anI and .St. (m-oi-^c. the lessees .a^^reed to pay to the (Jovernmeiit an anmial.siimof s.',.">,ii()i), .•s-j.t;'>A for e.ich seal skin taken, .');"> ver on the alert to prevent any vessels Init those of the Alask.i Commercial Coinpany from captnriiig seals there. Meetin<; with no ctlectnal opiiosition and the. cost, of litigation precluding any chance of success lor the appellant, the Covernment has heco i e more and more aggrehsive until tinally, changing from a defensive to an otfeiisive supervision, their action has culminated in the deliherate seiznre of three liriiish sealing schooners upon — whatever a national gn^ed may declare to the contrary — tlie high and open seas — recognized by international law as parted' the world's gri;at highway — free to the conunerce of all countries, and a natural means of the interconr.se of all nations. It is laid down as one of the lirst principles of maritime and cotnniercial international law, that the open .sea or main ocoan is like the atmosphere, free for common use to 144 SKAL KISirKRIKS IN HKRING SKA. all inankiiiil, niul can not liu a))|ii'o|ii-i)iti!.l hy iiiiy Ntat*; ti< tlii^ (>\('^liisinii of tin- otIiorH. Htiariii;^ in mind rli<^ Ini^o ini|iri(lialiility of tin- a(;t of tlio n>v)'iiiii'-ciitlfi' not li*, wlnit do wf llnd f 'I'iiata nation diNrc^aidin^ on one coast tin- ltd! of tin' sea literal which constitute.', lie iiiii)i<' lie ion;; in;; to coast (lefeiihCH, isiicinallv aHsninin;; on another coast Hiipreiin" maritinie JiiriNdiction over a waste of waters coiiiiirisin;f half of the northern |Mntioi, of a vast ocean. In the exercise of this self-!iiid;;ii ted iiiitlKnity foreiy;n mercantile vessels ari' forcihly seized, ami, with their car;nocH, are decliired conlisealeil ; winle, with a.i nniiccoinitahh- inu;f- naiiimity, the crews, alter lieini; landetl al an Ameiican |i(M't nniny hiiiidredsof miles distaiH from the scene of their (ttiptiire, are allowed to ^^o ai larye. It miiy he ad- vanced that if open to indiscriminate capture the fnr sciil would have ere this ho- canie extiiurt or neatly so. Miit Ihoiiirh this has liceii the case with the seal in soiithern re;;ions, it is a fad, which deploriihle as it may he, woiilil I'lirnish a most (iinisy excuse to a (iovernmeiit whose* i'e;;iilal ion of the industry in Alaskan wal(!rs is jnompled not liy philnnthropy, inii hy strictly mercenary considciutioiis. So far lias this latter disposition carried f liem as to cause tliein to Uecoine i< sponrihle for an act which if committed hy a vessel privately miiniied and owned, would hear hnr one interpretation. As it is, the act is one that is rash, a^-^trcssive, and in the (".ice of whiil isUiiowii, hilterly iinjnst, and is already sjiokeii of as an unworthy meiiiis of re])iisal for the late seizures minle iiy (.'anada of Amerii'an lishiii;; vessels on th»> At- lantic coast. The sealin;j sidiooniM-s when seized Were over 7i» miles from any land, and how, with this lad liefon^ them, the United States (iovernmeiit c;in attempt, with any hIiow (d'rciison, tojnstily tli ' coiidii(!l nf the (")iiimander of the t'onvin it is dillionlt to iniafiine. With wlnit evi leiice we have at hand, the seizures and ileleiition .are manifestly ille;ial ; and re pi .'seiitat ions of the a II air tliroii<;h the proper tdlicial clian- iiids liave already lieeii forv aided to the Home (iovernmeiit. Hrilain is mil hclli;r- ereiit ; the strensrth she p()> *esses — iin|iiiited hy the comnii'rce she loiidiKits in every (imirier td" the fxiolu — she d es not misuse, lint she lias'';;rit" and intconls justice ; ami, while respect in;; the ii;r|il of ol lier nations to IraviMse the hii;li seas unmolested, oxpe(;ts, and is in a position to secure, rcco;;nition of that same ri;;ht for hersidf. II. [From till' I I'orllaiid) Oieiiiiiiiiiii, IJniteil Stales,] Till': AI..NSKA I'liACK. — si'.i/.iiii'. ()!• lutrrisii sciiooNKit.s IN' i«i;iii{i\(; ska. Nkwi'01{T, AikjuhI 'iO. Editor Oregonian : The seizure of the Hii ish vessels in the waters of Alaska has prohahly rai.sed an iHsiie and will result in setllin<; a<|in*stioii of ;r|'(.;it importance to tim American peo- ple and cspeciiiUy to the jieopie of tht^ Pacific (-oast. Of all the hlnndi^rs
  • iik efVcc; at the he;iimiiii;; of IS.S'J. and wliieli al»so|nlel.\ pi>»hibiled ev» r\ kind '»f trad- ino', hnntin;;, and lishin;^ on i h,- Uus.sian Taeille ctKists w ithotit a special lict'iisc from the i^ovci'iiof general. It is not fhnmed that tlie /.'//;« was en^a.yed in sej»! tNhin;j:, l>nt fiiat slu^ was tonnd aclna!l\ <'i' . ic»«on v<({inj* »»u tU*> Imperial er»i the»^'of. Ih this i'»«spt'«'t the casf i < pr.viselN likf tiiiil »vf tlio //■ '»« •*.•, mentitvii'd in m> last iin-cetlini: dispateli, No, •»."», anii ot tijis dati*. It will Ite notieetl tliat Mr. S|hh>jh4\ tlie owner of the Kllza, in his statement ot' los elann, declares ( jiat thv Klizn was "on a trading voyajje, f'ti^am'd in harteniiy; with thv natives, and eafeh,'n<; walrns, and assmdi did not eont-f under tl«< notH-e of (he Kassian liovernmcn', whieli was diriN'teil aj^amst the capture of .seids on Copper, Uohhins, and Ihdiriiif; Islands." 270 SEAL FISIIKKIES IN llEUINO SEA. It will be seen that yiv. Spooner either refers to an order of the Kus sian (lovernment dilferent from tlu' one mentioned by the imperial for- eiffii olllce, or he understood the latter in a very different sense. I may add that the Jtnssian eode of i>rizo law of 1800, article 21, and now in force, limits the jurisdictional waters of Ilussia to 3 miles from the shore. As stated in my i)revions dispatch, I have asked for a copy of the order or rejjnlation under which the Henrietta and i'>/j~rt were seized and condemned. \'ery truly, etc., Geo. y. N. LoTiiuoi'. I Iiiclimiim in Mr. Lotlirop'H No. 90. — TniiiMliitioii. | (ienrral Vlaniii«rnl stiilF of tlio inivy lias just traiiHinittt'd to inc the infiti'iiKiion wliicli I liail nM|iicslc<|iienc;ovt>.ii- i)r-;;t'n('ral, and farryin;; with it, a;;aiii.st tlioso tiiMri'gardin;; it, tho penalty of tin- Hoi/.uri' of tho ship a.s well a.s of tlii< t arj^o. Duriiif; thoyoar.s Ir'Hl-lj"^;!, tho widost luoaiiH of publicity woro omployod in brinj;- in>; tlii.s rof^ulatioii to tlio knowh-dj^o of tho j)artios intcrcstod. It was publi.sli»Ml in tho Jonnial.s of Y'okohama, jioHtod up in all our coiiHiilate.s of the I'acitiu, ami cutn- iiiunifati'd to tho Amorican custom-liou.so t'.stabliHhmoiit.s. Tho complainant can not, therefore, plead ignorance of the prohibitory measures in i|iiestioii. The crow of the lUiza was eiiir depositions annexed to tint petition itself of Mr. Sponiiei and (■ommunicated to the imperial ministry by the legation of the United Stiites, under (late of April ICi (•*"). Ill iiil'ormiou you ol the foiegoing circiimstanceH, which (ieinotistrat(? tho entire legitiiiiai y of the sei/iire of the Klicti, I have no doiilit, Mr. Envoy, that you will be led to coii< hide that th*- claim broiiglit by the proprietor of that Hhip is without foiiiiiliition. And 1 av;iil myself, etc., A. Vi.AXd.xt.v. No. 210. Mr. Lolhrop to Mr. lUtyard. No. lOO.J TiKnATION (IE THE UNITED STATES, iS7. P('fn:shur(j, March 7, 1S.S7. (Received Miirch 22.) Sir : IJefi'rriii}; io my recent «lis])at('hes, Nos, 0;"» and 0(1, (ioneernin;? the seiznn' and conliscaf ion of the .schooners I'Jliza and Henrietta, I am now able to repoit thai Hie minister of foreign alfairs, in answer to n)y 8KAL FISUKinKS IN HKKINO HFA. 271 iiHluiries, iiiioniis mc explicitly tliat the " illi«:it coiniiierce" iiiipiitetl t(» the llcnrUtta \vsi8 commerce in violation (»f the order, or ^^ (lisposititni itdmiiiixtratirc''^ set forth in my aloresai*! (liRpatches. lie farther states that the commission that condemned the schooners was in each case made up of ollicers beion^inf; to the capturing; vessel. He has also sent to me a transhition into ivn^iisli of said ''^disponition administratii'r,'^ a .sl of tlif local aiilliDritii-s of Iiclirin;^ ami oilier islaiid.s, tlit< uiiilfr- HiniH'd litTdWy iiotifit'H that tlio Knssiaii Iiiiiu'iial (jovciiiiiiciii |iiil>li,slu',s, for yjciioral kii(>\vl('ii the liiissiati coa.st or inlatiils in tln^ ( )UhotHk and liehrin;; Seas, or on t lie northeastern coa.st of Ahim, or within their soa hoimdary line. (2) For mn;h peruiit.s or licenHca lorei;;ii vc8S(ds Hhonid ajiply to Vladivostok excln- tiivt'ly. (U) In th« port of I't'lropaiilovHlc, thonj^h heiiiy; th<< only iiort of entry in Kam- chatka, Hiieh permits or liccnst^s shall not l»o issued. (4) No permits or iicenses whatever shall lie j.>(sm;d for hutuiu}?, lishinK, or trading at or on the (,'ommodore or l{oblien islands. (.")) Foreij^n vessels fonnd tradinjj, tisliiii;;, huntiii;^. •-•r., in Knssiaii waters without a lii.eiise or permit from tin* ;;overnor-j;eneral, and als.i those possessing a license or permit wh() may infrinj^e the existinjj Ivy-hiws on hniitin:;, shall he conliscattn.vM.\, yoitmhir l'>, lS-^\. No. 211. 12.) Mr. Lothrop to Mr. Haydnh No. llJti.J LK(}ATI0N of IllK 1-NIT.Kl) STATF.'^, St. VcUrsburii, Junv L"_', 1887. (Received July 9.) Sir: Fn answer to my note of Ajnil 11 htst. ttslvin;; for information as to tlu' |)recise places of seizure of the Hcliooner.^* Eliza and llenriittn severally, ami iilso for cojiies of the tninutes or records of the courts tliattnrin;4' ves.sel and that the evidenco 272 si:al iksiikriks in hkking sea. on which th«\v chiim to have uvivd was fiiriiisht'd by their own observu- tion, tlic )ia|K'i's, or want of iiapers, of tlie h(;huonei'!s, and thu adniis- .sioiiH of tlu'ir nia.sti'is. I incloso tlu) coiiii's t'mnisluMl to nu*, with transhitions of the same. 1 am, etc., Geo. V. N. Loninor. ^i (I.ik'liiaui'i' 1 ill Mr. Lotliro|)'H No. 126.— TrnnHlntion.] I'nttoci)} (if proceed ill If H in the cant of the lleiirUila, Wo, ilu> niMlfiHi^ni'd, X., aixl Idii^itiMlo liK) ■{' K., was met ii two-iiiamod ncIiooiut, currying tlio Aiiii-ricaii i\i\n, l'|ii)iM\ainiiiiiliiiii (if Iht, iis also Iht (lociiiiu'iitH, it was ComhI tlint tliis HcliodiiiT 1m>- loii^rd lo tlic t Cliajiiiii, ]iart d on hoard aliont I ]iood Clli |ionndH) of ;;iiii- jiowder, two ^uns, more than two thou^[r. [.itliioii's Xo. 120,— 'rriit\nl:itloii.| I'rolocol (>/' llti toiijinciitioii, nl llic motilh of Ihr linr Ant. Aii>- Iin Weston, upon which was found in the liohl iinlawl'iil niercliandise, such as rum, tire- arm.H, etc. Amongst the ship's )>iij)crs was iioir fniind any hill of ladinj; or port clearance. As seen liy the ship's Jc.r.riial and ackiiowli d;:ed l>\ the cuptain, the iiouve- named schooner <'arricd on trade with stran^jers in n on hoard tlio chjjpj'r, as jiaHst'njrcr.s, with tht'ir iicrsonal t'lh-ctn hfh>n>,'iii;,' lo tiicni, until tht^ (irst iiicotiiiK witii afoniin«^rcial voHMol haviii}; hnvfiil ri;;ht.s or until thov arrivo at Olio of th« ports having,' po.stal couwnuuication. Ci) Tho conlim'ati'd m;hooncr to ho sent to ViadivoMtok for dtdiviry to the port and (4) lo hand tiio captain, Austin W.-Htou, a ropv of tliis protocol, in tho KuL'ii.sh hingiinKf, ans and regulations relating to said lishin;:^ or taking'seal, no instructions of a jjeneral and permanent character in rejjard to the subject havinji been issued since that date. Itesi)eclfully, your> C. S. Fairciiild, Saretar)/. llncloHUi-f '!.] LiiWH (Hid Kjri'cutiif ordo'i rrUil'niij to Alanha. I.rnw of tUr iiJanih of St. I'aiil ond SI. (Ivorge to (he .llitshn t'omwrrrinl ( onijxnii/, atid rniiilationH govfrniuij aijtntn of the Trt'HHiirti ill i-hnrgr of the hcoI fixhtyitn. TitKAsiiiY Dkpautmk.nt, April V.\, \Hf*'J, Tin' (olldwiii^i roiiipilaliiiii of tlio lawM iiihI l-lxt-i'iilivt* ordoiH rt^liitiii^j t(» AluNkii. llii» loaso of tlii> Seal iMlaixls of SI. I'aiil an*l St. (ifoi;;ti to tlm AluHka CoiniiK^niial ('imi- paiiy, atid i(-;|iai'tiii<'iit and otliciH iiitiTustod. ("ll.vs. J. roi.Oi-Mi, .SV(r(7rt»7/. IIKVIHKD .STATUTKS. Sec. ll)r)4. Tlio lawH of tlio I'niti'd States ndafint; to fiistoiiiH, cninnieiTi', mid mivi- ((atioii art) ixtciidid to and over all th*> iiiaiii-laiDi, ixlaiidH, and \vati>rH of tlio ttrrl- toiy ct'dcil to till- riiltctl Statc.1 liy tlio Kniperor of KuHsiu by treaty conLliuled at 8KAL FISIIKUIKS IN MKKIXG SEA. '2 lb WiiHliiii^toii on tlio tliirtiftli ilay of Marcli, nniio Ditiiiiiii i-iKlit«><>ii liiiiulretl niitl Mixty- st'vcn, HO tar iih iIionuiiik may Ix* a|i|ilii'alili< tlicrcto. Skc. IU'm. Tint rrcHidt^ut hIihII liavr itowir to rcMtrict mid rc){iilatc or to proliiltit tlii< iiiiportatioii anil iiha of tirti-ariiiH, aiiiiiiunitioii. and diNtilli'd Npints into and within tint Territory of AlaHka. 'I'li« ox|)ortation of tin* Hiinm fniin any otlnNtin<>d to any port or place in tlnit Territory, iiinl all HUtdi arinH, anininnition, and diittilled Npiritn, exported or atteni|>ted to bu exported from any port or plaee in tln« I'liiled Staten and destined to nucIi Territory, in violation of any re^ulationH tinit nuiy be prcHcribed nnder tliiH Nec^tion, and nil Huoli tirniH, aintnnnition, and diHtilled spirits landed or attempted to be lamled or nsed at any port or plaee in the Territory, in violation of Hnili re^nlationN, nIuiII be for- leited ; and if tint valine of the sanm exceeds tour bnndred dollais, the vessel iijtoii \vliicb the Hann« Ih fonnil, or from which they hav** been landed, together with her tackle, apparel, and furniture ami cur^o, shall be forfeited ; and any iiersmi willfully viriHorn'il not nntre than six montlis, lioiids may be rei|nired for a faithful observance of such regulations fnun the master or owners of any vessel dejiartin^ from any |)ort in the I'nited Slates having on board lire-arms, ammnnitiiui, or distilliHl s|)irils, when such Vi'ssel is destined to any jdace in the Territory, or if imt so ileslined, when thero is reasonable ground of sus|iicnin that such articles are intended to be landed therein iu violation of law; ami similar bonds nniy also be reipiired on the landing of any such arti(!leH in the 'I'erritory from the )ierson to winun the sann- may be ciuisi^in>d. Skc. r.).')*;. No ]>erson shall kill any otter, mink, nnirteii, sable, or fur-seal, or other fur-beariiif; animal within the limits of Alaska Territory, or in the waters thereof; and every person fiuilty thereof shall, for each olVeiise, be lined not less than two hiimlred nor montthan one tinuisand dollars, or iin|irisonedmit niortt than six iiioptliH, or both ; and all v<-NselH, their tackle, apparel, furniture, and ear;;o, found eii^^aKed in violation of this section shall be forfeited; but. the Secretary of the Treasury shall have power to anthori/e the killiii;; of any such mink, marten, sable, or other fur- bearing animal, exce|)t fur-H(tals, under such re<;ulat ions as hit may presi^ribe ; and it shall be the duty of the Secrt^tary to jireveiit tint killiii;; of any fiii-seal, and to pro- vide fur the execution of tln> provisions of this section until it. is ollnrw ise provided by law ; nor shall he ({rant any special pii\ile;;es under this section. Six;. i<.).'>7. I'ntil otherwise jnovided by law, all violations of this chapter, and of tint several laws hereby extended to tint Terrihuy of Alaska and the waters tl"'i»'o|", committed w itliin I he limits of lint same, .shall be prosecuted in any district court of the I'nited Slates in California or Oregon, or in lint district courts of Washin^^ton ; and lint collector and deputy colleclors appointed for Alaska Territory, and any i>er- s(ui authorized in wriliny; by (titlicr of them, or by tint Secretary of the Treasury, sluill have power to arrest jiersons and sei/(> vessels and nn'riliainlise liable to lines, jienHl- ties, (M' forfeitures nnder this and tin- other laws extended over tint 'I'l-rritory, and to keep and deliver theHaine to the marshal of some one td'siudi courts; and such courts shall have original jurisdiclimi, am! may take co^rni/.ance of all cases arising under this act and tint several laws hereby exlemled over the Territory,' and shall proceed therein in the same manner and with the likeeiVect as if such cases had arisen within the district or Territory where the proceei'vi^sare brou;;lit. Si'.c. r.t.'iH. Ill all cases of tine, |ienalty, or forfeit n re, embr.ii'ed in the act api-roved .March third, si-vciiteen hniidred and ninety-seven, chapter thirteen, or menliiuied in any act in addition to or ameiidaloiy of such act, that have oi ciiricd lU' nia.v occur in the collection district of Alaska, lint Secretary of tint Treasury is aiitliori/.eil, ifin his opinion the line, |ieiialty, or lor iVi lure was inclined w itln>iit willful nejilijfcnce or intention of fraud, to ascertain the fai-ls in such manner and under such re^rnlat Ions as he iiiav deem ]iroper witlmiit lei^ard to the provisions of the aei :ibove referred to, ;ind upon the facts so to be ascertained, he may exervise all ilie power of remission I'onferred upon him by that a:i.) Skv. I'.iri'.l. 'Tin- islands of , Sal lit I'aiil and Saint (ieoi'f^e, in Alaska, are declaretl a sjiecial reservation for (loveriiiiieiil purposes; and until otliei'wi.-.e providi-d by law it siiall be unlawful for any person to land or remain on either of tlios(t i.ihunis, exce])t by the authority of the .siecretary of the 'Treasury; and any person found on either of those islands (tontrary to the provisimis hereof shall be summarily removed ; and it shall b. ; i;'> 'nt.y of t lie Secret a ry of War to carry this section into eU'eet. Skc Uti'.it. t shall be unlawful to kill aiiv fur seal upon tlio islands cd" .Saint Paul ami Sii: ;i (J »r;;e, or in the wah-rs adjacent thereto, except diirinj; tint months of Juno, Ji'iv. .^Mtptember, and Octidier in each year; and it shall be unlawful to kill such seals at ,iny time by the use of lire arms, or by other means tendin;; to drive the seals awaj frmn those islands; but the natives of the islands shall have lint (irivile^e of killing such yoiinj; seals as may be necessary for their own food and clothin;; dur- ini; other months, and also stntli old seals as may be rei|iiired for their own elolhiuf;, uud for the manufactnro of boats for their own use; and the killing in uuch eaHCH IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11= llllitt IIIM II ■10 IIM 2.0 1.8 1.25 !.4 1.6 ^ 6" _ ► 71 1^ W ff%. '^: Oy^.. /A Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 8/2-4503 iV ^9) \ V 4 ^ \ <> o'^ .♦- %^ % •^ 276 SEAL FISHERIES IN BERING SEA. ■;v .:^:' ' .s. ^0^ ■'M ^V„ shall be limited and controlled by siicU regulations as may be prescribed by the Sec- retary of the Treasury. Skc. 19G1. It shall be unlawful to kill any female seal, or any seal less than one year old, at any season of the year, except as above provided; and it shall also be nulav 'ul to kill any seal in the waters adjacent to the Islands of Saint Paul and Saint Georg;, or on the beaches, clilfs, or rocks wliere they haul up from the sea to remain; and every person who violates the j)rovisions of this or the preceding section shall be ])unished for each ofTenae by a line of not less than two hundred dollars nor more than one thousand dollars, or I)y imiirisonmeut iu)t more than six months, or by both such line and imprisounient; and all vessels, tbeir tackle, apparel, and furniture, whose crews are found engaged in ihe violation of either this or the preceding section, shi>ll be forfeited to the Ui.ited Sfates. Si:c. ll)()2. For the period of twenty years from the first p*^ reservation of such seals, with such proportionate reduction of the nuits reserved to the Government as may be proper; and every ])erHOii who iviiowiugly violates either of the provisions of this sec- tion shall be punished as provided in the preceding section. Skc. VMi'.i. When the lease heretofore madii by the Secretary of the Treasury to " The Alaska Commercial Company," of the right to engage in taking fur seals on the islands of Saint Paul and Saint George, pursuant to tins act of .July lirst, eighteen hun- dred and 8(*venty, chapter one hundred and eighty-nine, or when aey future similar lease expires, or is surrendered, forfi'it.Ml, or terminated, the Secretary shall lease to ]»rt»per and responsibh^ ])arties, for the best advantage of the United States, having due regard to the interests of the Gov(;rnment, the native inhabitants, their comfort, maintenance, and education, as w(dl as to the interests of the parties heretofore en- gaged in trade and the i)rotection of tlie iisheries, tlie right of taUing fur seals on the islands henun named, and of sending a vesscd or vessids to the isjaiuls for tlie skins of such seal, for the term of twenty years, at an aiiiiua] rental of not less than fifty thou- sand dollars, to be reserved in such h^ase and si'cured by a. deposit of UnitiMl States bonds to that amount ; and every such lease shall bo duly executed in duplicate, and shall not be transferable. Skc. 19(54. The Secretary of the Treasury shall take from the lessees of such isl- ands in all cases a bond, with s<'eurities, in a sum not less than live hundred thousand dollars, conditioned for the faithful y SEAL FISHERIES IN 13EKING SEA. 277 jy tlie Sec- 13 than ono nil also be I and Saint to remain; in shall be more than both such lire, whose itiou, shi'll n linndred ion the isl- nnmber of rjre is lim- niay limit leals, -wifcli IS may be )f this sec- ■easnry to ills on the itcen hnn- iro similar II lease to ^s, havinj^ r comfort, toforo di- als on the 10 skins of tiftython- ted States icate, and ' snch isl- thonsand inonts of taking ot I dues ac- y lease or of them, eign ves- 11 vacate )e!ie(it, or ns. e that he jsliqnnrs ig a nhy- er, ortici- 4tilled or ts of his or in the y jierson ir a}.',ents 18 of this hundred o, whose tu'ii hun- I'orfcited owingly lor each n to the skins of h person ly leaao, as provided in soetion nineteen linndred and sixty-three, a revenue tax or duty of Two dollars is laid upon eacdi fnr-seal skin takiMi iMid uliippcid from the islands of St. Paul and St. Georfije, during the eontiniianeo of a,iy lease, to bo paid into the Treasury of tlie United States ; and the Seeretary of tln^ Treasury is empowered to make all needful regulations for the collection and iiayment of the same, and to se- euro the comfort, maintenance, ediusation, and ])ro:eclioii of the natives of lliose islands, and also to carry into full effect all the provisions of this chapter except as otherwici" pres(!rilied. Skc. 11)70. The Seeretary of the Treasury may terminate any lease given to any ])erson, con>pany, or corporation on full andsatisfactory proof of (he violation of any of tli(5 provisions of this chapter or the regulations established by him. Skc. 1971. The lessees shall furnish 'o the several masters of vessels eniiiloyed by •'.hem certified cojiies of the lease held by them respectively, which shall be preseiiteerfonuance of such other dulies.as may be assigned to them by the Secretary of the Treasury. Skc. 1974. The agent shall receive the sum of ten dollars e;ieh day, one assistant agent the sum of eight dollars each day, and two assistant agents thf sum of six dol- lars each day while so employed ; ami they sliall also be allowed their iiteessury trav- Ai!iMKXT, Fibruayn S, 1870. The attention of collectors and other officers of the customs is directed to the fol- lowing Executive order: EXKCt'TIVK MaXSKIX, H'ftshhifiton, J). C, Fcln-uarii 4, 1870. Under and in imi'snance of the authority vested in me by the ^irovisions of the second section td" the a(!t of Congress, apjiroved on the '^/th day of .July, IHUH, entitled "An act to extend the laws of the United States r(dating to customs, commerce, and inavigation over the territory c-ded to the United States by Kussia; to establish a 278 SEAL FISHERIES IN BERING SEA. collection district therein, auil for other pvirpoaes," the importation of disiilled spirits into and within the district of Alaska is horxiby proliibit"d, and the importation and use of fire-arms and annnunition into and within the islandsof St. Panl and St. George, in said district, are also hereby prohibited, under the pains and penalties of law. U. S. Grant, President. In conformity with the foregoing order of the President, and to insure its faithful execulion, collectors of customs are hereby instructed to refuse clearance to all vessels having on board distilled spirits for ports, places, or islands within tbe Territory and collection district of Alaska. Vessels clearing for any jtort or place intending to touch, trade, or pass within the waters of Alaska, with distilled spirits or lire-arms and ammunition on board, will bo required to execute and deliver to the collector of customs, at the port of clearance, a good and sutticient bond in double tlie value of the articles so laden, conditioned that said spirits, or any part thereof, shall nttt l)e landed upon or disposed of within the Territory of Alaska, or tliat said arms and ammunition, or any part thereof, shall not be Innded, disposed of, or used upou either of the islands of St. Paul or St. George, in said district. Gko. S. Boutwkll, Secretary of the Treasurij. Treasury Dkpartmknt, Scptcmher 10, 1870. The following Executive order relating to the imjiortation of arms into the islands of St. Paul and St. George, witliin tlie district of Alaska, is published for the infor- mation of officers of tbe customs : Executive Mansion, Washinnton, D. C, September 9, 1870.' So much of Executive order of February 4, 1870, as prohibits the importation and use of lire-arms and ammunition into and wiiliin the islands of St. Paul and St. George, Alaska, is hereby modified so as to permit the Alaska Commercial Company to take a limited quantity of fire-arnis and aniiuunition to said islands, subject to the directions of tbe revenue officers there, and such regulations as the Secretary of tbe Treasury may prescribe. U. S. Grant, I'residert. The instructions issued by this Department in its circular of February 8, 1870, are accordingly modified so as to adjust tliem to the above order. Revenue officers will, however, see tluit the privilege granted to the said company is not abused, that no tire-arms of any kind are over used by said company in the killing of seals or other fur-bearitig animals on or near said islands or near the haunts of seals or sea-otters in the district, nor for any purjjose whatever, during the months of June, July, Au- gust, Septeml>er, and October of each year, nor after the arrival of seals in the spring or before tlieir departure in tbe fall, excepting for necessary protection and defense against marauders or public enemies who may unlawfully attemi)t to land upon the islands. In all other respects the instructions of February 8, 1870, will remain in force. Wm. a. Richardson, Jcthuj Sicrelary. EXKCUTIVE order. Treasury Department, IVaahinytoii, D. C, July 'i, 1875. To Collectors of Customs: The importation of breech-loading rilles and fixed aniniunition suitable therefor into the Territory of Alaska, and the shipment of such rilles or ammunition to any port or place in the Territory of Alaska, iire hereby forbidden, and collectors of cus- toms are instructed to refuse clearante of any vessel having on board any such arms or ammunition destined for any port or place in said Territory. If, however, any vessel intends to touch or trade at a port in Alaska Territory, or to pass -."ithin the waters thereof, but shall be ultimately destined for some port or place not within the limits of said Territory, and shall have on board any such fire- SEAL FISHERIES IX BERING SEA. 279 ililled spirits jrtatiou and i St. George, ? of law. RANT, rreaident. » its faithful o all vessels erritory aud ) within the )ard, will bti clearance, a itioned that ' within the of, shall not i. George, iu Treaaurtj. r 10, 1870. the islands )r the infor- SION, ■r 9, 1870.' >rtati()n aud ani aud St. al Company bject to the tary of the lAXT, I'residevt. 8, 1870, are fficers will, ed, that no Is or other sea-otters , July, Au- the spring ud defenses I upon the force. SOX, Svcrelai'!/. ENT, / 3, 1875. le therefor on to any ora e)f cus- such arms rritory, or ue port or such fire- arms or amuinnition, the master or chief ofticer thereof will be it^quired to execute and deliver to the collector of customs at the ])ort of clearance a good and siJIicieut bond, with two sureties, in double the value of such merchandise, conditioned that such arms or ammunition, or any part thereof, shall not be landed or disposed of within the Territory of Alaska. Such bond shall be taken for such time as the collector shall deem proper, and may be satisfied upon proofs similar to those required to satisfy ordinary export bonds, showing that such arms have been landed at some foreign port; or, if such merchan- «iise is landed at any port of the United States not within the limits of the Territory of Alaska, the bond may be satisfied upon production of a certificate to that elfect from the collector of the port where it is so landed, Chas. F. Conant, Acting Seiretary. Approved : U. S. Grant, rresidcnt. NOTICK. TiiKASURY Department, Washington, D. C, April 21, 1879. Section !95G of the Revised Statutes of the United States provides that no person shall, without the consent of the Secretary of the Treasury, kill any otter, mink, marten, sable, or fur-seal, or other fur-bearing animal within the limits of Alaska Territory, or in the waters thereof, and that any person convicted of a violation of that section shall, for each oft'ense, be fined not less than two hundred nor more than one thousand dollars, or be imprisoned not more than six months, or both ; and that all vessels, with their tackle, ai)parel, furniture, aud cargo, found engaged in violation of that section shall be forfeited. No fur-bearing animals will, therefore, be allowed to be killed by persons other than the natives within the limits of Alaska Territory, or in the waters thereof, ex- cept fur-seals taken by the Alaska Commercial Comiiany in pursuanco of their lease. The use of fire-arms by the natives in killing otter during the mouths of May, June, July, August, and September, is hereby prohibited. No vessel will be allowed to an- chor in the well-known otter-killing grounds, except those which may carry parties of natives to or from such killing-grounds ; and it will be the duty of the officers of the United States, who may be in that locality, to take all proper measures to en- force all the ])ains and penalties of the law against persons found guilty of a violation thereof. White men lawfully married to natives aud residing within the Territory are considered natives within the meaning of this order. John Sherman, Secrttarif of the Treasury. WINE AND BEER. The Treasury Department, in a letter to the collector of customs at Sitka, Alaska, dated October 7, 1881, held that section 1955, Revised Statutes, which prohibits ship- ments of distilled spirits to Alaska, does not include wine ; and also by letter dated December 5, 1881, to the collector of customs at Port Townsend, Wash., that said sec- tion does not include beer, which is a fermented li(iuor aud not a distilled spirit. Previous instructions were modified accordingly. COPY OF LEASE FROM THE UNITED STATES TO T.IE ALASKA COMMERCIAL COMPANY OF TIIE RIGHT TO TAKE FUR-SEALS IN ALASKA. [Delivered August 31, !87().] This indenture, in duplicate, made this Ud day of August, A. D. 1870, by and be- tween William A. Richardson, Acting Secretary of the Treasury, iu pursuance of an L>80 SEAL FISHKUIKS IN liKUlNG SEA. ',f^ ' ■ 'I. ■■•■) > And tilts said AluMkii Conimcrfiiiil Coiiipaiiy, in consideration of tlit;ir right nnder this louse, licrohy coviMiiiiit !ind af?r(!c to ]»ay for ciich yv.nv (hiring said ter.ii, and in )»roportion during any jiart tlicrcof, tlio hiuii of S5'>,W'" i"to tlio TrcaMury of the llnited Statt's, in accordance with tlio rcgiihitionsof th» Secretary to be made for this ]tMrpoHC niKlcrsaid act, which itayiiicnt sliall ho sccnrcd hy deposit of United States hoiids to tliat anionnt; and also covenant and agree to pay annually into the Treus- nry of the Knited Stat«!s under said rules and regulations, a revenue tax or duty of .*"2 upon each fur-seal skin taken and shipped hy them, in accordanct! with the jiro- visions of tlie act aforesaid; and also the sum of (i'Ji cents for each fur-seal skin taken and sliijiped, and f).') c estei'.i Alaska, you are iiifonued that the treaty with l^iissia of Manh 'Ml, 1', ' liv vvliich the Terri- tory of Alaska w;is (•eded to tlie United States, deliues the boundary of the Terrirory HO ctnied. This treaty is found on pa;;es (JTl to tiTlt of tlie volume of treaties of the Revised Statutes. Jt w'll be seen therefrcmi that the limii of the eessiou extends from a line startinj; from the Arctic Ocean and riinniiiii lliroueli lielii ini^ Str.iil to the north of St. Lawrenct! Islands. TIk! Hue runs thiMice in ;i soul h westerly direction, so as to pass midway between the islami of Attou and Copper island of the Kroiiianltoski couplet or ji;roni> in the Nortli Pacitic Ocean, to meridian of VXi decrrecs of west louyitude. All the waters within that liouudary to the western end of the Aleutian Archipelago and chain of islands are considered as com|»rise(l within the waters of Alaska Territory. All tiie i)enaltiesprescri;.ef),Wm for St. George Islami. This proportion may be varied from time to time by the Se(!retary of the Treasury as facts may seem to demand. The skins will be counted by the Treasury agents as they are placed in the salt- Louses, and again as they are placed on board the vessel ; and a daily record of the count will be kejit. This record will be tiled, and from it will be entered in a ledger a proper report of the season's catch. At the close of (^ach season a rejiort to the Treasury Dei)artment will be made by the principal ageiil, showing the numher of skins taken and shipped, which will include the skins of any seals killed for food and accepted by the com))any as part of its r the year of tin.' condition of atl'airs at the islands. The natives are ex- pected to Derform the work assigmul them in an oiilerly anil jiroper manner, aufl the making or the use of '• (juass" or other intoxicating drinks will he discouraged by the officers of the company and of the (iovernment, and, when neeessai'v, the issuaiuu^ of 8npi)lie8 from which such lieverages can be made may be refused. To do tlie coarser kind of work, siicli as salting tin; skins, eti-., the comjiany is authori/ed to take from other parts wf the T'erritory a i)r(i))er number of men, who may be used to do the work of killing or flaying should the natives of the islands fail or refuse to do their work or to perform it in a satisfactory manner. The Treasury agents are expect(;d to maintain order, re(|uire the attendance of the children at the school, and lend their bi!st ell'orts to regnlati; tin.' condition of affairs 80 as to promote the welfare of the natives and advance, them in civilization. Occasional visits will be made by the (iovernment otlicers to Otter Isl.'ind, situate about t) miles from St. Paul Island, where largi^ numbers of seals congregate, in order to keep olf marauders and ju'eveiit the unlawful killing of seals. On shipment «d" tlie skins from the seal islands a certilicate, signed liy the Treasury agent and bv the captain of the vessel, of the number ol skins laden on board will be niiide out in duplicate, one copy to be given to the captain and ontf to be. i-c'tained l>y tlie agent. The captain will, on arrival, deliver his cojiy to the cMillectorof customs at San Fran- cisco. Tiie skins will lie tleiii counted by ollieers derailed by the colleeior lor that purpose, and a record of eadi day's count made. Teiiiiiorary jiay iiKMit of tax will be accepted on the count of skins made a^ San Franeis(!o, and a rejiort will, njion iiay- nient of such tax, bi; made by tin.' coliet^tor of the Treasury, showing the number of skins embraced in the certilicate [n'esented by the captain, the nuinlier !iscei'taine