<>..^^h
IMAGE EVALUATION
TEST TARGET (MT-3)
1.0
I.I
'■™ |||M
■ m
" 116
IIIIM
112.2
I ZO
1.8
1.25
1.4
1.6
-*• 6"
►
♦
^^
/,
o
7
/A
Photographic
Sciences
Corporation
23 WrST MA'V STREET
WEBbTEP.N 'j 14580
(710) 8/2-4503
c^-
Qr
Va
^
^
CIHM/ICMH
Microfiche
Series.
CIHM/ICMH
Collection de
microfiches.
Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques
Technical and Bibliographic Notes/Notes techniques et bibliographiques
The Institute has attempted to obtain the best
original copy available for filming. Features of this
copy which may be bibliographically unique,
which may alter any of the images in the
reproduction, or which may significantly change
the usual method of filming, are checked below.
D
D
D
D
D
D
D
□
D
Coloured covers/
Couverture de couleur
Covers damaged/
Couverture endommagee
Covers restored and/or laminated/
Couverture restaur6e et/ou pellicul6e
Cover title missing/
Le titre de couverture manque
Coloured maps/
Cartes geographiques en couleur
Coloured ink (i.e. other than blue or black)/
Encre de couleur (i.e. autre que bleue ou noire)
Coloured plates and/or illustrations/
Planches et/ou illustrations en couleur
Bound with other material/
Relie avec d'autres documents
Tight binding may cause shadows or distortion
along interior margin/
La reliure serree peut causer de I'ombre ou de la
distortion le long de la marge int6rieure
Blank leaves added during restoration may
appear within the text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanches ajout6es
lors dune restauration apparaissent dans le texte,
mais, lorsque cela 6tait possible, ces pages n'ont
pas ete filmees.
L'Institut a microfilm* le meilleur exemplaire
qu'il lui a 6t6 possible de se procurer. Les details
de cet exemplaire qui sont peut-dtre uniques du
point de vue bibliographique, :;ui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la m6thode normale de filmage
sont indiqu^s ci-dessous.
□ Coloured pages/
Pages de couleur
□ Pages damaged/
Pages endommagees
B Pages restored and/or laminated/
Pages restaur^es et/ou pelliculees
s/
Pages discoloured, stained or foxed/
Pages d^colorees, tachet^es ou piquees
j I Pages detached/
Pages detachees
Showthrough/
Transparence
□ Quality of print varies/
Qualite inegale de I'impression
I I Includes supplementary material/
D
Comprend du mat6riel supplementaire
Only edition available/
Seule Edition disponible
Pages wholly or partially obscured by errata
slips, tissues, etc., have been refilmed to
ensure the best possible image/
Les pages totalement ou partiellement
obscurcies par un feuillet d'errata, une pelure,
etc., ont 6t6 film6es i nouveau de facon d
obtenir !a meilleure image possible.
□
Additional comments:/
Ccmmentaires supplementaires:
This item is filmed at the reduction ratio checked below/
Ce document est film6 au taux de reduction indiqu6 ci-dessous.
10X
14X
18X
22X
26X
30X
J
12X 16X 20X 24X 28X 32X
The copy filmed here has been reproduced thanks
to the generosity of:
Library of the Public
Archives of Canada
L'exemplaire film6 fut reproduit grdce d la
g6n6rosit6 de:
La bibliothdque des Archives
publiques du Canada
The images appearing here are the best quality
possible considering the condition and legibility
of the original copy and in keeping with the
filming contract specifications.
Les images suivantes ont 6td reproduites avec le
plus grand soin, compte tenu de la condition et
de la nettetd de l'exemplaire film6, et en
conformity avec les conditions du contrat de
filmage.
Original copies in printed paper covers are filmed
beginning with the front cover and ending on
the last page w'th a printed or illustrated impres-
sion, or the back cover when appropriate. All
other original copies are filmed beginning on the
first page with a printed or illustrated impres-
sion, and ending on the last page with a printed
or illustrated impression.
The last recorded frame on each microfiche
shall contain the symbol —♦►I meaning "CON-
TINUED"), or the symbol V (meaning "END"),
whichever applies.
Maps, plates, charts, etc., may be filmed at
different reduction ratios. Those too large to be
entirely included in one exposure are filmed
beginning in the upper left hand corner, left to
right and top to bottom, as many frames as
required. The following diagrams illustrate the
method:
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 appara<tra sur la
dernidre image de cheque microfiche, selon le
cas: le symbole — •- signifie "A SUIVRE", le
symbole V signifie "FIN".
Les cartes, planches, tableaux, etc., peuvent Stre
filmds d des taux de reduction diff^rents.
Lorsque le document est trop grand pour etre
reproduit en un seul clich6, il est filmd d partir
de Tangle supdrieur gauche, de gauche d droite,
et de haut en bas, en prenant le nombre
d'images ndcessaire. Les diagrammes suivants
illustrent la mdthode.
1
2
3
32X
1 2 3
4 5 6
I t r, c. I
.0.
50th CONGRESl?.
2d Session.
SENATE.
S Ex. Doo.
♦ No. 106.
M E S S A G E
FUu.M inv.
PRESIDENT OF THE UNITED STATES,
TKANSMITTIXG,
Jn respoiue to Senate resolution o/ Ja»ntiry 2, 1880, a report upon the neat
Jinherien in Berimj Sea.
iy
Fkhruary IJ, 1KS9. — Rtiferred to tiio Comniittoe on Foreign Hclatioiisand ordered to
1)0 printed.
i
To the Senate:
I herewith transmit, in reply to the resolution of the Senate of the
2d ultimo, a report from the Secretary of State, with accompanying
documents, in relation to the seal fisheries in Berinj; Sea.
Groveu Cleveland.
Executive JNIansion,
February 12, 1889.
To THE President:
On the 2d of January' last the Senate adopted ti-e following I'esolu-
tiou:
Jt'csolrcd, That the President of the. United States be reo 'lestod. if not ineonijiatiblo
wilh the public interest, fo connnuniijato to the Senate all correspondence which may
have taken place with the Government of Great Britain, in ic^^ard to the riglit of
tithing, takinff seal, or navigaling in IJering Sea, or in any waters adjacent tlien-to;
also the circumstances in regard to tiio seizure or release of any British vesstds in or
ni'ar saiil waters by the United States; also all regulations, rules, or direuti.)ns which
may have been promulgated by tlie Govcrunient dI' the United States, or jiny Depart-
ment thertiof, in relation to tishing or taking seal in said sea or waters; also to inform
the Senate whether any rules or regulations concerning such (ishiug or taking seal
are oiilorced against citizens or vessels of the United States which are uoi enforced
against the citizens or vessels of other countriea.
This resolution having been referred to the undersigned, ho has tlio
honor to submit herewitli the corre.si)ondence n^iuested. In addition
to that which conies strictly within the terms of tlie resolution, there sire
also transmitted other correspondeiu'e and documents which throw light
upon certain general questions involved. As heretofore announced to
Congress, negotiations are pending with a \iew to the protection of
seal-life in JJering Sea by international arrangement. Enough of tho
correspondence to disclose the general purpose and scoiie of tlu^ arrange-
ments sought for is herewith submitted. Other correspondence on tho
subject, of a conlidendal character, und as yet incomplete, exists, but
il8 publication at the present time and pending negotiations is not con-
2
SKAL FJSIIKKIES I\ IJEHIXG SKA.
Kidereil to be compaliblc witli lli<^ public; interest. None of the corre-
Kl>oii(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!!iyitr<l to Mr. .Icnks. An^usi 8, I.588.
Mr. llaVanl to Sir 1^. S. Sackvilio Wfst. August 8, 1888.
.Mr. .Jciiks to .Mr. I'.ayanl. Ai g'lst lo, 1888.
Mr. Eayard to Sir E. 8. Sackvuie West. August E!, 188-'.
'orre-
>r 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, lr<f*7.
No. KM. Mr. Lotliro|. to .Mr. llii.viud. No. 1()1. l'fl)ru:ir,v ^V'. Irfiri.
No. lU.'). Mr, l.oiliroi) In .Mr. IJiiyanl. No. liM. Muicli 1-J, IdcJH.
S\VKI)i;.N .\.\l) NUKWAV.
No. 10(;. Mr. M;i-;vc to Mr. l!:i.\iml. -No. I1-. M;iicli '.'D. r^8S.
I'AKT III.
('(tnculidii ('(inixjioiidrHcv rchilirc to the m iziirt: (if Jlrilish xatliKfi vi-tmln ill Jlering Sea.
No. 107. Sir K. S. West to KonI r<l(l('Hlt'i.i;li. Sriitcinbcr-Jl, iSHd.
No. l(iS. Tilt' iuliiiiiiislriiioi' to .Mr. StMiiliopf. Scptciiilicr y7, Irif^li,
No. lil'.t. Till' adiiiiiiistrutor to Mr. Slaiiliopf. SfptciiiIxT 'J7, iHSti.
No. 110. Saiiu- to s.uiic. ,'>i'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<i).
No. 115. The Karl ot Idd.sl.'ij-li to Sir K. West. Octohcr :iO, l^efi.
No. lit). Loid Laii.sdowiic to ^Mr. Stanlioiic. Tclcj^raiii. November 27, 1886.
No. 117. Saint' to .saiiu'. Novi-ihImt 'J'.t, li^r^ti.
No. IIH. Mr. Staiiliop*! to J^ord Laiisdownc. Telefjraiii. December 1, 188C.
No. 111). J^ord J;aiisdo\viii> 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 tli<i Mar(iiii,s of Laii.sdowiif. j;)t!c(Miil»er Ki, 1886.
120.
121.
122.
12:5.
121.
125.
i2t;.
127.
128.
12>J.
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<r a rcpoit on tlio ro-
suit of the ai»plication which you wore diivctcd i)y my dispatch No. 181,
of the 0th ultimo, to make to the (iovciiimciit oC the I'nited States for
iMforiiuitiou in re;;iud to the reported seizure by the United States rev-
enue-cutter Coricin of three Canadian schooners wiiih^ enyjajjed in the
pursuit of seals in Kerinji's Sea.
In the mean while, further (h'tails in rejiard to these, seizures havo
been sent to this country, and Her .Majesty's (iovernment now consider
it incumbent on them to brinjj;- to the iiotiiie of the United States (Jov-
erinnent the lacts of the case as they have reached them Irom British
sources.
It apjiears that the three siihooners, named respectively the Carolina,
Uie Oinc(tr<(, and the Thornton, were fitted out in N'ictoiia. IWilish Co-
lumbia, for the cai)ture of seals in the waters of the Xorthein Paoifu)
Ocean, adjacent to \'aMcouver's Island, (iueen Charlotte Islands, and
Alaska.
According' to the dejjositions inclosed herewith from some of the ofli-
cers and men,f these vessels were eii;^M.u:ed in the cai)tni(' of seals in the
open sea, out ot sij;ht of land, when th.ey weiv- taken possession of, on
or about the 1st Au<i^ust last, by the United States reventu'-cntter Cor-
-irin — th(( Carolina in latitute o')^ r>\)' 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, an<l on l)ein,tr captured were towed by
the Coririn to Oon.daska, where they are still detained. The crews of
the Carolina and Tliornton, with the eNcei)tion of the captain and one
mail on each vessel'detained at that port, were, it appeals, stMit liy the
steamer *SY. Pa!<M() San Francisco, C!al., and then turned adrift, while
the crew of the Onward wei'c ke])t at Oonalaska.
At the time of their seizui'e the Carolina had OSO sealskinson board,
the Ihornfon 4(H, and the Onward !K)(t, and these wert; detained, antl
would appear to be still kept at Oonalaska, along with the schooners, by
the United States anthoi'il ies.
A<!cordin<4" to information given in the Alaskan, a ne\vs])aper i)n))lished
at Sitka, in the Territcn-y of Alaska, and dated the 4th September, 188(5,
it is reported :
(1) Tliat tlic iiiiistcr iiiid matt' of the scIhioiut Tliornlini were lii'(in;_'lit lor tiinl iK'l'oro
Judyc Dawson, in iho, Uiiitt^d StatisdiHtrict court at Sitka, on tlie ;{Otli Anfiust last.
(•J) That the i'videiico ffivcii liy tlll^ olliccr.s of tlic United Slates rt'Vi'nnt'-cnl ter
(kini'in wi'iit to show that tlm Tlidriitoii wa.s seizod wliilc in Itcriii^ Sea. ahont (HI or
71) miles south sonth-east ot" St. Cieorj;e Ishind, tor llie otlense of hnntinii and l<illirif;
seals within that ])art ot" lierin<^ Sea wliieh (it was aUened liy the Alasl<an news-
paper) was eedetl to tlie United States l>y 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<d<vine West November 1-2, Ir-Hfi.
t (1) Copy of a K'tter from Daniel ,Munro(\ Tna^tiT of I lie Canadian sealinj; schooner
Onward. ("J) Cojjy of a letter from James Oi^lvi.-, master of tin; Canadian sealing;
Hchooner VaroUuu. (:!) Deposition of .John D ill.i ■. seairian on biiard the Thnnilon ;
of Thomas McLardy, cook on board tln^ CdroHiKi ; of I'^d ward Shields, seaman on
board the Carolina; and of William Mniisic*, owner of the CnroHna. All of the prov-
ince of British Columbia, [TIickc inclosures were not transmitted to the Department.]
.r ■ : .
8
SKAF. riSHKHlKS IX HKRIXG SKA.
wcNtorii hoimdary of Alrnska is (Idiiipd, \v«'iif on to Njiy : "All flu- waters witliiii tlin
lioiiiiilary nrt lorili in tliis treaty to tlm wcstiTu ciid of tlie Aleutian arclii|iehii;<> 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, di<l, on or ahont the tinHM'har;;ed in the information,
kill any titter, mink, marten, sal ile, or fur-seal, or other fnr-l tearing animal or animals
on the shoics of Alaska or in the Iterinjj Sea <'nst of I'.t:!^ of west loiifiitude, the
jury shonld find the defendants ^nilty, and assess their |)nnishment He)iarately at ii
line of not h-ss than §•,'(!() nor more than !jl,<iii(i, or imprisonment not moie than six
months, or hy huth siieh tine (within the limits herein set forth) and im)'iis(>nment."
(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 ])rocee<liii,i;s, ifcoiicclly reported, would iippeai to have been in
violation of the admitted ])rinciples of iu'ernaiioniil law.
I re(]nest that yon will, on tin' icceipt of this dispatch, seek an inter-
view with jMr. J>ayard, 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 wron<j;s to whicli they have been subjected
and for the losses which they have snstiiined.
Should i\Ir. Uayard desire it, you are authorized to leave with hini
a coi)y of this dispatch.
1 Jim, etc.,
IDDKST.KIGII.
SI
si
\\|
dl
t<l
VI
til
till
hll
oil
inl
oJ
Idl
fiti
to
■l^
No. 4.
.]/;•. liavard to iSir L. S. S((chrille West.
DepautmkjsT of Statk,
ir«.N///»/y/o«, Xorcmhtr 12, 1880.
SiK: The delay in my reply to your letters of Septeinber 27 and Oc-
tober 21, askinji' for tlie information in my iiossession concerning: the
seizure by the Tnited States revenue-cutter Coricin, in the Bering
SKAL riSIlKUIKS IN HKlflNG SKA.
9
iP
St'ii, of Mrilish vessels, I'oi- iiii alleged violation of tlie laws <»l' tlio Unitod
States ill relation to tlie Alaskan seal lislieiies, lias lieeii caused by iiiy
waititif; to receiNc IVoiii the Treasury Department the inloriiiatioii you
<lesire»l. I teinlei- the I'aef in a]>olo;;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 y<ui the facts aa tiscertaiiied
in the trial and the rnlinys of law as aiijilied by ilie court.
I takti leave also to acKnowlcd;>e 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, an<l
to leserve all lifjhts of couiiHMisation.
All of which shall receive respe<Mtul consideration.
J have, et<'.,
T. F. P. A VMM).
■. V
No. .").
Sir L. S. Sackrillc Wcsf lo Mr. Ham !.
WAf-'ni"NaTC)N, Dcnmber 7, 18S(i. (Received Hecdiiber <S.)
Sin: IJeferiiilsto your note of the IL'tli instant |iiltiiMo?|()ii tliesiibject
of the se .,;re of Uritish vessels in the JU'iinj,' Sea, and itromisin;; to
convey to ine as soon as ]»ossible the facts as ascertained in the trial and
tlie rulini:>s 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 <iiven that, in'iidiii<»' tlu^ settlement
of the (piestion, no such seizures of iJiitish vessels will be made in JJer-
iim' Sea.
r-
1 have, etc..
L. S. Sackyillk Wkst,
No. 0.
Sir L. S. Sacla'ille West to Mr. Jiayard.
Washington, J«?n/rrn/ 0, 1887. (deceived January 10.)
Sill: I have the honor to inform yon that I have received instruc-
tions from the Earl of Jddesleijjjh, Her ^Majesty's prin'!ij»al secretary of
«tate for foreijiii affairs, ajjain to brin<;' to vour notice tiie grave repre-
10
SEAL FISHERIES IN BERING SEA,
Kentatioiis made by Iler Majesty's Government respecting the seizure
of the Jiritish vessels Carolena, Onward, and Thornton in Bering
Sea by the United States cruiser Coricin, to w hicli no reply bas as yet
been received.
On the 27th of September last I had the honor to address to you a
note, in which I stated that Her Majesty's Government requested to be
furnished with any particulars which the United States Government
might ])Ossess relative to this occurrence.
On the lilst of October last I l::id the honor to inform you that I was
instructiMl by the Earl of Iddesleigh to protest in the name of Iler
Majesty's Government against such seizures, and to reserve all rights
to coujpensation.
In a note dated the 12tli of November last you were good enough to
explain the delay which had occurred in answering these communica-
tions, and oa the same day I had the honor to communicate to you a
dispatch from the Earl oi Iddesleigh, a copy of which, at your reiiuest,
1 ])laced in your hands.
On the' 7th ultimo I again had the honor to address you, stating that
vessels were e<iuii)ping in British Columbia for tislung in Bering Sea,
andthattheCanadianGoverninentweredesirous of ascertaining whether
such vessels fishing in the open sea and beyond the territorial waters
of Alaska would be ex|>osed to seizure, and that JJer i\I<ijesty's Gov-
ernment would be glad if some assurance could be given that pending
thesettlement of the (]uestions no such seizuresof British vessels would
be made in ].eiing Sea.
Tiie vessels in <piestion were seized at a distance of more than GO
miles from the nearest land at the time of their seizure. The master of
the Tliorntoii was sentenced to imj)risonment for thirty days, and to
])ay a line of $r)(l(), iin<l there is reason to believe that the jiiasters of
the (hiH-ard and Carolena have been sentenced to similal' ])ena]ties.
In sni)i)Oit of this claim to jurisdiction over a stretch of sea exteiul-
ing in its wi(k'st ])art some Gt)() or 7{)() miles Irom tlie mainland, advanced
dJ
inl
by the iud'-e in 1
lis charge
to the jury, the authorities are alleged to
have iuterlerred with the i>eaceable 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\oi<lance of our international ob-
ligations need be apprehended.
1 have, etc.,
T. r. Bayard.
if.
a'
12 , SEAL FISHERIES IN BERING SEA.
Xo. S.
Sir L. S. 8ackviUe ^yest to Mr. llmjard.
]jRiiisir Legation,
Washington, Fehrnary 1, 1887. (Keceived Febnuuy 2.)
Sir : With reference to your note of the 12th ultimo, I have the honor
to inform you that under date of the 27th ultimo the Marqui'- of Salis-
bury instructs me to inquire whether the information and ])apers rela-
tive to the seizure of the British schooners Carolena, Onicnrd, and Thorn-
ton have reached the United States Government.
1 have, etc.,
L. S. Sackville West.
tl
3|
oil
Ul
No. 9.
Mr. Bayard to ISir L. S. Saclville M^cst.
Department of State,
Washington, Fehrnary 3, 1887.
Sir: I hep' to acknowledge your note of yesterday's dale, received
to- day.
Upon its receipt I made instant a])plication to my colleajxue, the
Attorney-General, in relation to the record of the judicial ])roceedings
in the cases of the three ]5ritish vessels arrested in Au;i,ust last in Ber-
ing Sea for violation of the United States laws regulating the Alaskan
seal lisheries.
I am informed that the documents in question left Sitka on the 2(»th of
January, and may be expected to arrive at Port Townsend, in AVash-
ington Territory, about tlie 7th instant, so that the i>ai)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. S<tcJ:vilh! West io Mr. Baijavd.
Washington, .1^)^// 4, 1887. (Iieceivocl April 4.)
Sir: In viow of the approip-liiii^^ li,sliiii<;- sojksou in n('riii<j' St'ii ami
the littinj^' out of vos.sel.s for iisliiiij;' operations in tiio.so wator.s, Her
Majesty's (iovernnient have requested me to inipiire whether tiie owners
of such vessels may rely on beinj^' unmolested by the cruisers of the
United States when not near land.
IJer ^Majesty's Government also desires to know whether the docu-
ments referred to in your note of the iJd of February last connected
whtii the seizure of certain Ihitish vessels beyond the three-milo limit
and legal proceedings (connected tiierewitii have been received. And
I have the honor therefore to request you to lie good enough to enable
n:e to reply to these inquiries on the [)art of Her Majesty's Government
with as little delay as possible.
1 have, etc.,
L. S. Sackville West.
V V
Xo. 12.
Mr. JUiyard to Sir L. aS'. Sackville West.
Department of State,
Washington, A2)ril 12, 1887.
Sir : I have the honor to acknowledge your note of tlie 4th instant
relative to the fisheries in Uering Sea, and inquiring whether the
documents referred to in my note of February 3, relating to the cases of
seizure in those waters of ves.sels chaiged with violating the laws of
the United States regulating the killing of fur seals, had been received.
The records of the judicial proceedings in the cases in the district
court in Alaska referred to, were only received at this Department on
Saturday last, and are now under examination.
The remoteness of the scene of the fur-seal fisheries and the special
peculiarities of that industry have unavoidably delayed the Treasury
ofiicials in framing approi)riate regulations and issuing orders to United
States vessels to poli(H', the Alaskan waters for tiie protection of the fur-
seals from indiscriminate slaughter and conse(pient s[)eedy extermina-
tion.
The laws of the United States in this behalf are contained in the lie-
vised Statutes relating to Alaska, in sections l!)rj(!-l(>71, 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<ii Territory, or in the waior.s thereof;
and every person guilty thereof sliall, for each olVense, bo tined not less than two
hundred dollars nor niorii than owo tliniisaiid dollars, or imprisonniont not more than
nix months, or both ; and all vessels, t Iiiir tackle, apparel, t'nrnit ure, and cartro, found
on<;a^ed in vicdation of this sect ion s!i. a 11 be tbrfeited. Hut the Secretary of the Trca.s-
nry shall have ])o\ver to aiitliorize the killing <d' any such mink, marten, sable, or
otlier fur-beai in;j; animal, excejit fur-seals, nmicr such re;:,iila; ions as he may prescrihe ;
and it shall \w tho duty of the Secretary to jirevent the killiiii; of any fnr-8<ial ami to
]irovi(le for the execution of the provisions of (his section until it is othcrwirio prc-
^■ided by l.iw ; nor jdiall lii> 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<r (his and (he other law^; extended over tho Territory, and to keep
and deliver i he s;ime io the marshal of some one of such courts ; and such courts shall
have original jnrisdicdoii, and may t.iki! cognizance ol' all cases arisin;j; under (lii.s
ai^t and (hi! several laws hereby exicmled oxer the Territmy, and shall (iroceed
(heiiMii in (he saiin* manner and wi(h (ho like elfect as if such cases had arisen within
tho district or territory' where the proceedings t.ro brought.
SEAL FISHERIES IN BERING SEA.
15
f
Skc. Ht.'iH. Ill all rases of lino, jiPiialty or foifcitiirt' ciiibracrd in tliti act ap])i'ov(>(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<l or
may occur in the collectiiui district ol' Alaska, the Sccr<Mary of the Treasury is author-
ized, if, in his opinion the tine, itenalty or foifeituic was iiu^urred without willful
lu'f^lij^euco or intention of fraud, to ascertain the facts in such manner ami under siudi
rcffu lilt ions as lie may deem proi)er without rei^avd to the jirovisions of the act above
referred to, and ujion the facts so to he ascertaiiu'd lie may exercise^ all the power of
remission conferred u])oii him hy that act, as fully as he mij;lit have done had such
facts been asi'crtained under and according; to the. pro\i'^ions of that act.
Skc. 1U.')U. Thr islands of Saint I'aul and Saint (ieoiiic, in Alaska, are declared a
special reservation for (ioveinment purposes; and until ol herwise juovided by law
it shall be unlawful for any ]ierson to land or remain on either of those islands, exceiit
by the iiulhority of the Secretary of the* Treasury; anil any ])ersou fouiiil on either
of those islands, contrary to the provisions hereof, shall be siininiarily removed; anil
it shall be the duty of the Secretary of War to cany this section into elffct.
Sicc. li)ti(). It, shall be unlawful to kill any fur-seal upon the islands of Saint Paul
and Saint (j!cor<;t', or in the waters adjacent thereto except durinjf the months of
June, July, Se])teniber, andOctoberin each year; and itshall be unlawful to kill such
seals at any time by the use of lire-arms, or by other means tt ndiii;^ to drive the seals
away from those islands, but th«i natives of tlu; islands shall have the ])ri\ile;^e of
killinj;' such youiij;' seals as may be necessary for their own food and clothin;;' (lurinj?
other months, and also such old seals as may be reiiiiired Ibr their own clothiiifi and
for the manufactuie of boats for their own use; andilie killiii;:; in such cases shall
be limited and controlled by such reonhitions as may be presi'ribcd by the .Secretary
of the Treasury.
Sicc. U)()l. It shall he unlawful to kill any female seal, or any seal less than one
year old, at .-iny season ol t he year, excejit as abo\ e ]iroviile(l ; and it shall also lie un-
lawful lo kill any seal in tlu> 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' <lue regard to the
inti'rests of the fiovernnient. the iiati\e inhabitants, their comfort, ma in ten a nee, and
ediicatifui, as well as to the interests of tlu' jiarlies lieiclofore en;;!ii;ed in trade and
the proteetien of lh(! tt.>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; <ir (lispoNti i)f any tlistillfil .s|iii'ir.4 t)r siiiriliioiis litjiiors
on citliiT i>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<le, apparel, appurten.inees, antl earfj;o, whose erews are found enjrii/ied
in any vitdation of the [iro visions of sections VM'> 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 <lay, and two assistant agi'iits the sum of six dol-
lars each tlay while so employed; and they shall also be allowed their necessary
traveling expenses in going to and rt>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-
<.',ee<linj;s in the United States district court for the District of Alaska
in the several cases of libel a;i'ainst the schooneis Oiurard, Carolena,
and Thornton, for killin<;- fur seals in Alaskan waters.
Accejit, etc.,
T. F. r.AYARI).
I EiulosiM-e.]
Tratimrijtt of iccord in the cant' of the schooner Cityolcini.
Tli(! United StatcH, libellaiif, r-s. The Schoonor Carolena, licr tackle, etc. On liliel
ot intoiiiialioii for heiiij^ eii^aned in tin," hiisiiies.s of killiiiij; iiir seal in Alaska.
On the 28th day of August, 1880, was fih'd the following libel of in-
formation.
IX TIIK DISTlilCT COUKT OF TMK UNlTKn STATKS KOlt TUK DISTIUCT OF ALASKA,
AUGUST Sl'KCIAL TICKM, IdtiG.
To tlie honorable Lakaykttk Dawsox,
JiiiUje of xuUl ])i>iirict 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<l in the hefoi'(<ineii-
tioned and descnhed seliuoner or vessel may lie cited in ;;encral and special to answer
tlie premises, and all due pr(i< t'ediiii^s heiiii; had, that the said schooner or vessel, her
tackle, aiiiiarel, lioats, cai,!io, and iiiniitiire, nuiy, for llic caiiHcs al'oresaid and others
appearing, he coiideiimed liy the deliiiite sen lei ice and decree (d this hiniorahle (Miiirt,
as forleited to the use of the liiiiled Mates, accnrdin;f to the t'orm of the statutes of
the said United Slates in such case made and pi'ovidcd.
M. 1). 15AI.I,,
r. S. Dint. Aitornvy for the Vist, uf Alaska.
I'lu'reiipoii issued foithwitli tlio followino^ monition:
iMsTiiK'T OF Alaska, sct.
The I'rcsideiit (dihe Unitml .Statesto the Marshal of the District of Alaska, <;reotiiig :
Whereas n lihel of information hath heeii tiled in the district court of the United
States for the District <d' Alaska on the 'J^<lh day of An^^iist, in the year IrtCtl, by M.
D. Jhill, United Slates attorney for the District aloresaid, on hehalt' of tne United
States of 'America, ajj;aiiist the schooner i'arolcna, her ta(kle, apjiarel, boats, cargo,
iiiul furniture, as forfeited to tlu^ use of the United States for the reasons and causes
111 the said lihel of inforniation inentioned, and ))raying the usual jirocess and moni-
tion of the sai<l coiiit in that behalf to he made, and ihat all ]iersons interested in
the said schooner Curohva, her tackle, ap])arel, iroats, cariio, and furniture, etc., may
be cited in giiiieral and s]iecial to answer the' luemises, and, all proceedings heing hati,
that the said schooner Cunilcna, her tackle, a|))iar(d, boa-Is, cargo, and furniture, may,
tor the causes in the said lilxd of information meniioneil, be coiiilemned us forfeited
to the use of the United States.
You are therefore hereby coiunianded toattacdi the said schooner 6'rt>'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>ii<trivf of Alanka, .s.s .-
C. A. Abb(>y, 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 (sai<l scliooncr at tii(! time of its aeiziiro, ami is
till) only iMMson or olliccT of nanl nchoonfr now within the jiuisdlction of thi.s court,
or upon whom sfrvico <tf notice can ho made a.s alliant is intormcd and hciieve.s.
(.'. A. AlillKY.
Siih.scrihe(l and sworn to bcl'orc me this Gth day of Septemher, l-.'^iJ.
A.MHiinv T. Linvis,
Citrk.
On tlic same day was outerod the foUowino; order:
//) the matter of the i'tiited iSt(it(n yh. tSchooticr Tlionitou, ((tur ya. .')(! ; schoouvr Carohna,
(■ui<e 2>t'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 <listrict court on Tuesday, tho
' th day of September, li^e'(), at 7 o'clock ]). m., or as soon thereafter as the; matt<!r can
be reached at theoHieo of said clerk at Sitka, Alaska, and if not eomi)hited on said
(fveninj;, then the taking of saui de]>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 <d said district court at
his oflico at Sitka in said district on Tuesday, Sei)tember 7th, I'^Sti, at 7o'(dock{). m.,
or as soon thereafter as the matter can be reached, and il'not completed on s.aid even-
ing, tho taking of said dei>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 an<l there jx'vsonally d( li vering tosaid Jann's lilake a co])y
of said notice. And then and theie gaM' liim the pri\ilege(>f 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 tai<en lie I ore nu'. at said lli'.st nu'ntioned time ami plaeo
and at such snlise(|nent tinn-N as t lie taUinj; of tho Name mi;;' lit lie eontiiine<l to hy uu%
ill Maid act ion tlien and there pending; in said dislri<'t court, between f lie I'nited States
as ]ilaintiir and the schooner ('(trolaid as (let'endant, on liehalt'ol' and at the instance
of till- said plaint ill', the I'liited States, and upon notice tit the time and place of t ak-
in j^ of said deposit ions, .served upon .James IilaUe, the mate of said scl doner, he liein;;
the only olticer ol' said schooner njion whom service con Id lie made, and np<in W. (MarU,
es(|., his attorney, I he owners of said Sidmoner liein;;' niiknow n and \\ it lion t the juris-
diction of this cDiirl.
('ajilain ('. A. Ahhey, liein^ dnly sworn, de]ioses and says :
(}. State yonr name and occupation. — A. Captain I'. A. Ahhey, in the United States
KeveniM* Miirine Service, at jiresent in command of the I S. Jiovenne steamer Convht
on special dnty in Alaskan waters, for the protection of the seal islands and of the
GoNcrnnient iiiteiesis in Alaska iicncrally.
i). What wei'e yon doin^' and what occurred on the 1st of Au^iust last in tlio line of
yonr duty.' — A. Cinisin^ in l)eriii]ns Sea ahont T-'i milcH soiitli-sonlheast. from St.
G(M)r;;t''s Island, and J found the IJritish s(diooner (drohiKi ot Victoria, H. ('., driftinj;
with sails down. Her hoals were ahsent, and she, was evident ly a sea lei'. J saw dead
Hoal l\iii^ niion her forward deck; ini|nired of the schooner in which direction her
boats were.
J then ordcicd her to be seized by Lieut. Cantwell for killing; fur se.-il in the water.s
of Alaska, took her in tow, and ]>id(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^
Cor<ih'ii((. On this evidemui 1 caiiseil the vessel to be sei/.e<l by ].,ient. Cantwell. I
took her in tow and proctM^lcd with lier to (binalaska where 1 iilaced the ves.s(^l,
tacdile, c.ar^d, furniture, and ap|inrtenaneeH in (diar^e ol Deputy U. S. Marshal Isaac
Anderson, of Oiiiialaska ; the carno of fur seal skins bein^ stored in " Ki'uch," in oim
of the warehonses <il' the Alaska (Jomniercial Comiiaiiyand nnder seal. The arms and
ammunition of this vess(d 1 look on board the, Ctinciii and brought to Sitka and de-
livered into the custody of the II. S. marshal there.
Th(^ vessel, tackle, fiirniliire, and cai'^o are now in the custody of the I'. .S. niiirshal
(»f this district.
i). W'tiH this the vessel nn'aiiist which thi.s libel of information is tiled ?— A. It is.
({. l*id iill this occur w itliin the waters of Alaska and tlio Territory of Alaska, and
within the Jurisdiction of this con it ? — A. It did.
Q. Did this occur within the waters of the soa iiaviffalile for vessels of ten (IO)t()nH
bnnlcn or o\ I'l' ? — A. It did.
('. A. AlJlJKY.
Subscribed ,'ind sworn to before nio lliis Oth day of Seiitcmber, A. D. lSt-(!, after
having been read over by me to tleiionent.
Andkkw T. Li:wi.s.
Vhrk.
l>ientenant 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 eartri<l;ies, 14J l>ays 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
<k
Suliscribed iind sworn lo befnie me this t>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 <ni(lf(ir llic D'mlr'ot of Jlitskii,
I'liitid States of Aincri
I nimi kjiuivi oj £iiini uki.
On Sei)tonil)ei' 20tli, ISSd, was filed the Collowinf? ameiitlo*! libol of
iiifoniiation :
IN Till'; ixiri;i> 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 <if said United .States ami lieinj;- i)res-
ent here in court in his own jiroper iierson, in the name and on lielnilf of the said
United States, alleges and informs its folhiws, to wit :
That C. A. Abbey, an oflicer in the revcnno inarino Hervice of the United States,
duly comuiissioned by the President of the United Stares, in command of the United
Stat(,'8 revenue-cntter Coriviii, and now on special dut.v in tlie water.s of the district of
Alaska, heretofore, to wit, on the 1st <lay of Auf^nst, 188(5, within the liniit.s of Alaska
Territory, and in the waters thereof, and within tln^ civil and judicial district of
Alaska, to wit, within the waters of that portion of IJehrinjj; Sea belon<fin<^ to the
Uuited States and saiil district, on waters navif^able from the si^a by vess«ds of ten
or more tons burden, seized tlw! schooner Carolciia, her tackle, apparel, boats, carfjo,
aud furniture, being the property of some person or jjcrsons unknown to said attor-
ney. The said property is nn)re particularly described as follows, to wit:
1 schooner Caroleiia, of Victoria, B. C, 4 canoes, 1 yawl, carpenter's tools, clock,
chronometer, nautical instruments, sails and running gear, 2 anchors, ropes, twine,
SKAL FISlIKltlKS I\ UKUINf} SKA.
23
oiirH, pinlilli's, ri)\vl()ck», &v. ; Ijiiiips, tiiiikM, proviHiinis, (JH.'i fur nt'iil Nkins, I'J ]h\\) nvnl
skins, 1 liiiir sciil skin, I rillcn, .'> 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(<iit of thr I'liilfd Stales to make said st^izuro.
That all of said iiio|icny was tlicn und tlimo scizod iiH forffitid to tln^ I'liitcd States
lor tlin following canscH :
'IMiat said vessel, her eajdain, olllcers, and crew were then ami there fonnd enj^aned
in killin;j fnr seals within thi^ liniitsof Alaska Ti-rritory, and in the waleis thereof,
in violation of si'etion 111.")!! of theUiuised Slatntesof the I'niteil Stales,
That all the said |iro|teitv, after heinf^ seized as afcu'esaid, was i>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;e<l on
hoard (d' the sai<l schooner CnvoU mi nnder the direction ami hy the anthority of .lann's
O^ilvie, then and there imister (d" said schoom'r, enj;a}{ed in killiii!;; and did kill, in
the Territory ami distiid of Alaska, and in the waters thereof, to wit, "Jo fnr seals,
in violation of section r.t.')(! of the, J>e 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 <d' said schooner <'<iriilrii<i consiiinted the cariio of said
schoonci' at the line id' the killin;;' of said fnr se.als iind .il the timi; oi' said sei/nre.
Ami said attorney saith that all and sini^nlar I he premises wci'e and are Irne and
within the admiralty and maritime jnrisdn'lion of the United Stales ami of this
lionorahle conrt, and I hat hy reason theri'of, and by force of I he slatntes in sncdi <!ases
made iind providcMl, tlu! aforenu'iitioned schooner, lieinj^ a vess(d of over "id tons har-
den, and her said taidde, appartd, boats, ciire;i), and furniture, hecann' and are forfeited
to the nse of tht' United Slates.
Wherefore the said attorney prays that the usual i»rocess ami m inition <d" this
honorahle conrt issne in this hehalf ajiainst said scdiooner and all sa d hei'einhefore
<lescrihed jn'operty to enforce the forfeitnre thereof, and reiinii'in;; notice t(» be <;iven
to all persons lo appear and show causes on the return day «d' said )n'( cess, why said
forfeiture should not be decreed, and that after due lU'oceed' ;js are had, all of said
]tro)>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«Miin<r i'oy the interest of the said Mnnzie A Co., of
Victoria, 15. C, owners of the siiid sdioontu Caroleiia, h(>r ta(d<lo, api)arel, furniture,
and cargo, as set forth in the libel of information herein, appears before this hon-
orable conrt and imikes claim to the said schooner Caroleiia, her tackle, appand,
cargo, and furniture, as set forth in the said libel of information, and as the same are
attached by the marshal under jjiocess of this court at the instance of M. D. Ball, esii.,
U. S. dist. attorney for the district of Alaska.
And the said W. Clark, proctor as aforesaid, avers that the said Mnnzie & Co. were
in possession of the said schooner Curolena at time of the attachiuent thereof, and
that the said Mnnzie &, Co. above named are the true and hona-fide owners of the
said schoouer Caroleiia, her tackle, ai)par(d, cargo, and furniture, as seized by the
marshal as aforesaid, and that no other person is the owner thereof.
Wherefore ho prays to defend accordinglv.
W. Clahk.
W. Clark & D. A. Dingle y.
Proctors for Claimant.
/?»ij
m
24
SEAL FISHERIES IN BERING SEA.
On the same day was filed the following demurrer:
IX TIIP: united states PISTKICT court for the district Of ALASKA.
United States \a, Munzie i^- Co. and echoonsr " Carolena." Demurrer.
The (leniurrer of Muiizio & Co., claimants of the property proceeded against in the
above fiauso, to tlie amended information iiled herein.
Ist. Tlie said claimant by protestation, not confessinjf all or any of the matters in
said amended information contained to be true, demnrs thereto and says that the
said matters in manner and form, as the same are in said information stated and set
forth, are not suflicient in law for the United States to have and maintain their said
action for the forfeitnre of the prop(;rty aforesaid.
'2d. The said claimants by prott!station deny that this conrt has jurisdiction to de-
termine or try the; question lu-reby ]»nf in issue.
'M. Anil that said claiiiumts are mu, bound in l.aw to answer the same.
Wherefore the said claimants pray that the said information muy be dismissed with
costs.
W. c;i.AHK iV D. A. Din(;lk.v,
I'ructors for Chdmanls.
Which wa.s ovcrnilod by the (joiirt.
Oii the same day was tiletl tlie Ibllowing an.swer:
IN IIIK UNITKI) SIATES DIKTHICT COl'KT I'OK THE DISTHICT OF ALASKA.
(iiili'd SIdtiK vs. Mini:ic <f Co. a»(1 .■schooner " Carolena." — Answer.
The answer of Mnnzie & Co., owners and claimants of the said schooner Caro-
lena. her tackle, ap|>arel, 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. A<lmir'ilty Rules.
•Jnd. ."^aid answer is not fiiil, explicit, or distinct to eacli or any alleviation of the
libel herein, as re<|uire(l liy said rule,
:ii'd. Said answer does noi ch-ny or admit iuiy (;f tlie allef;ations of fact insaidlibel,
but mcrelv denies a eoneliision ot' law.
M. 1). liAi.i, A W. II. Payson,
I'roclors for liliellant.
Sei'te.muku 'Jlst, lss().
Which exceptions were sustained by the court, and on the same day
was tiled the following amended answer:
IX UIE UNITKI) STATES DISTRICT COURT FOR THE DISTRICT OI' ALASKA. IN ADMIRALTY.
United States vs. Mamie tj' Co. and Schooner Caroltna, Amended answer.
To the honorable Lafaykttk Dawson,
Jnd(je of the U. S. Distrlet Conrt for the Dhlricl of Alaska :
.Tames Blake, the d;jly authorized mate of the schooner Carolena, {or Munzie & Co.,
iuterveuing in the interest of and on behalf of said Munzie & Co., owners and claim-
•
an
an
fu
CO
an
pii
W(
wi
Ui
wi
SEAL FISHERIES IN BERING SEA.
25
ants of siiid schooner Caroleiia, her tackle, apparel, furniture, and <ar>To 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)<arel, furniture, and cargo,
and the property api)ertaining there.o, asset forth in said libel of information, or any
part thereof became forfeited to the United Statt s.
3rd. Denies that said schooner, her captain, otticers, and crew or any one of them
were found engaged in killing fur seal within t\w limits of Alaska Territory and
within the waters thereof in violation of section VJv>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<t, us.
James Ulake, being tirst iluly sworn upon liis i>;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 tli<i. contents I hereof and that the same
is true as 1 verily believe.
Jami'.s Hi.akk.
Subscribed and sworn to before me tliis'i'Jd day ol' Sept(Miib"r, A. D. l"*^!).
;\Ni>ni:\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
<!it|
th
sai
.\1
SI:
te:
sti
of
Oil the .sar.io ditv was filed tlio followiiiu- motion to sot aside decree :
IX ri'K uxiTKi) siATKs i:)isrKicT f(iui;r I'oii Tin: distuict oi' ai.aska.
United Statrnvs. Mit)i:ir <y- Co. and sell ooiicr '' Carolciia." Motion to mt aaidt dt < rvr.
Now come W. Clark and D. A. Dingley, proctoi's intervening for and in behalf of
the claimants herein, ami move tiieconit to set iiside the decree rendered herein for
the reason that, the evidence ])roduce(l on behalf of the United States is wholly in-
sufticient njion which to ba.se said decree.
W. Clakk A: D. A. DiN(;i.Kv.
rroclois tor Chuniant'^.
^
Which motion was overruled by the conrt, and on the same day was
filed the following notice of ai)i)eiil :
IX TIIK, rXITED .STATICS DISTUICT COUHT FOU THE DISTItUT OK AI.A.- A.
United States vs. Mnn::ic .f- Co. and scliooner " Carolena.^^ Notice of Appeal.
And now come W. Clai'k A- D, A. Dingley, proctors for and in behalf of the claim-
ants herein and notify this lionoralde conrt that they h(^rel)y af)iieal from tiio decree
rendered herein to tUe circuit c(Mirt having ajjpellate Jurisdiction over this district
and that said a])peal is taken uiion (piestions of law and fact, and pray tlm court for
an order on its clerk to prepare a completed transcri[)t of the record herein, as the
law requires.
W. Cr.AKK & D, A. Dixcr.r.v,
I'roetorx for Cluimantn.
On the Dth day of Febrnary, 1887, was entere<l the following order :
iu ilie matter of the United Slates vh. setiooner Onward, Xo. 41); schooner Thornton, Xo,
.'iO ; schooner Carolena, Xo. ol ; schooner San Dieijo, Xo. 52; arnn and ammunition
schr. Sierra, Xo. f)? , arms and animnvition schr. City of San Dieijo, Xo. 58.
In the above catises, upon motion of the attorney for the United States and argu-
ment of counsel for the United States and for the interveners in said causes, and con-
sideration by the court, it is this day orilered that writs of renditioni exponas do issue
from the clerk of said court to the niauhal of said district, for the sale of the attached
vessels, with their tackle, cargoes, and furniture of whatsoever description, and of
the arms and aninninition attached in said causes, and as to said attached vessels that
thesale of the same (except the schooner San Dietjo, which shall be sold at Sitka),
SEAL FISHERIES IN J5ERING SKA.
27
Hhfvll l>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>ir<jo, an<l all the other attached property lie made ,it Sitka, in tho dis-
trict of Alaska. Thirty ilays' notice of snch sales to lie ;riven at each of the places
wheie the sanio are, to he made, hy posting such notice, or liy piihlication in some
ne\vs]ia])er jinhlished at snch places respect ively. And that said marshal <lo have the
moneys arisinj;' from snch sales, to^jcther \\ ith the writ commandinjj; the same, at a
district conrt of the, I'liitcd States tor this the said district of Alaska, to ho held on
the first Monday in September, 1CJ&7, aid tliat ho then pay the same to the clerk of
said court.
Ci.Kiui's Oi'i'ici: U. S. DisT. Coiirr, I)i.STiiic;T oi' Alaska,
iSi7/,(i, March 111, 1^87.
I, Andrew 'Y. Lewis, clerk of th.^ United States district coiii-t for tho district of
Alaska, do certify that the t'orej^oiii;;- transcript of the record in the case of the I'liited
States r«, Th(! schooner Carohiiit, her tackle, ap[iarel, iVc., on lihel (d' information,
pcndinjr in said court, has heon compared hy m<i with tin? oriiiiiial. anil that it is a
eorrect ti'anscript therefrom and of tho whoh^ of said original record, excejit the full
text of the, exhihits referreil to in the testimony therein, of which tlii' jmrport only is
stated, ami that said purport of said exhibits is cor:ectly stated, as tiie same appears
of record at my ol'lico and in my' <'nstody.
Witness my hand and tlio seal of saiil court the day ;uid year above written.
[sKAt,.] " Axi>i{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<\<lc of the said diHlrirt conri :
Tho libel of information of >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 <lay, if the same
shall l)e aday of Jurisdiction, otherwis(M)ii ihe next day of .jurisdiction thereafter,
then and there to interpose a claiiu for the sai.ie and to make tlieir allegations iu that
behalf.
And what you shall have done in the premises do you then and there make n^turn
therecf together with this writ.
"\Vitness the Iiouorable Lafayette Dawson, Judge of said court, and ilic seal thereof,
allixed at tiu' city of.Sitka, in the District ol Alaska. tbis'28tli day of August, in the
yeai' of our i^cnd one thousand eight hiiiidreil and eighty-six, and of tin; lutlepcMidence
of the United States the one hundred and clivenlb.
[sKAL.J Anihikw T. Liowis.
Clerk.
Oil tlie (Jtli day of September, 1880, was tiled the following' aflidavit :
K
I'll
fr<|
iri
Ihl
inl
a 111
7t[
bcL
ev
tol
ti(|
D;|
or I
80«
IN TIIK UNITi:i) .STATKS
DI.STlMt'T COfHT IN ANI> 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<l (derk at Sitka, Alaska, and if not completed on said
(iveninjf, then the tiikin;^ of saiil dei)ositions to be continued by said cleik fioiii time
to time until c<)mpleted. That notice of the time and place of takinjj; said dejiosi-
lions bt^ served by the niaiNhal of siiid district on lliiiis (iiittorniseii, James lilake,
Daniel Miinroe, and Charles E. Kaynor. and upon W. Clark, es<|., attorney at l.iw, on
or before Seiitcmber 7th at 12 m., and that such shall be due and siil'licient and rea-
sonable notice of the takinj;' (d" said dei)osilions.
Done in open court this (jthdayof Se])tember, l-^-^l!. Now at this lime W. Clark,
es(|., being ])resent in court, waives service of notice.
On the 7th (hiy of September, 188(», was filed the followiiio- notice and
return of service :
IN TlIK UMTKI) STA'n>
DISI'RICT (■()ti;i, IX AND lOl! TlIK
INITKI) STaTIvS (IK AMKICK A.
DlSTl.'ICr OK ALASKA,
The I'nitcd States of Jnier:c<i \H. 'I'he Scliooiier Onieard.
To Daniel Monroe, <rreetinj;': Yon are notified that by (uder of l^afiiyi'tte Dawson,
judjre of said district court, the depositions of C. A. Abiiey, .1. W. llowison, C. V.
Winslow, Albert Leaf, J. C. Cantwell, ,J. U. Don.ulas, and .I."i:. llliodes will be taken
before the clerk of said district court at his olhce in Sitka, in said district, on Tuesday,
September 7th, IHHO, at 7 o'clock p. m., or as soon thereafter as the matter cjin lie
readied ; and if not com])leted on .said eveninj;; tin; taking of saiil depositions will ho
continued by said clerk from time to time until completed.
Anuukw T. Lkwis.
< 7(>)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
an<i \\]iU'A' of fakinj;- said dejiositionN, served n[)oii Daniel Monroe, the (•a])tain of said
Kclu)on(M', and in jiossession thereof at time of seizure, and n])on W. Clark, escj., his
attorntty, the owners thereof heinj; nnknown and withont tlie jnrisdicliou of this
court.
(Japtain C. A. Ahhey, lieini; duly f^worn, deposes and says:
I am a eaiitain in the I'nited State revenue-marine servu'e, at nrf'si^it in comnnind
<d' tlu! U. S. reveniu' steanu'r Corwhi, on special duty in Alaskan waters, for the pro-
tection (d'tlie seal islands and of tin; (iovernmeiit interests j^enerally.
(). What were you doin;f and what occurred on !<!nd of Anj^ust last in the line of
your duty 1 — A. Crnisiiiff in IJehrinji; Sea, about 115 miles soutlieast from St. George
Island and in about liititude
and lonjiitndo
between four and live o'clock
in the nu)rnin<;-, when ]''irst Lieut. J. W. ilowisoii re])orted to nu; that there* was a
schooner alon,t;si<l<* of us, which, in answer to his liail, rei)lied that she was takin<;
I'ur seals here in Hcdiriiifi Sea. 1 theti <lirected him to seize* her and i)lace her in
charj^e of C. T. Winslow, boatswain of the Conriii, I having no commissioned oflicer
to spare at that tiuit;. I then got a hawser to her and i)roceeded to Oonalashka Har-
bor, wherti 1 jdaced the vessel, cargo, tackle, furniture, and ai)purtenaiices n charge
of Dejtuty Vl S. Marshal Isaac Anderson, of Oonalashka, the cargo of fur-seal skins
being stoicd in " Kench," in one of the warehouses of the Alaska Commercial Com-
pany, and under si.-al.
Tin; arms and ammunition I took aboard the Corwin and brought to Sitka, and
ilelivered them to theU. S. marshal there. The said vessel, tackh*, furniture, and cargo
are now in the custody of the United Stiites nuirshal of tliis district.
Q. Was thistln* vessel against which the lilxd of information is filed ?— A. It is.
t^. Did'this all occur within the waters oi' Alaska and the Territory of Alaska and
within the Jurisdiction of this court ? — A. It did.
t^. I >i(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<l the same to the
commanding oflicer of the Conriii, wlio ordered the vessel seized. I lowere<l the boat
with the boatswain, C. T. Winslow, and two men and a line, ])ulled to the schooner
and ])iit the boatswain and two men on board, told tin; captain of theschooner, Daniel
Monroe, that I seized him for catching fur seal in Behring Sea. I ran a line from the
Oinrard to the schooner VaroUua al'^cady in tow and returned to the Conriii.
(.). Statt* the ])lace of this seizure as near as you can recollect. — A. The i»osition is
given as Lat. ^ii>^ north, and Long. 107- 4U' west; that is, about 11<I or IIT) miles to the
south and east of St. George.
J. W. Howisox.
Subscribed and sworn to bei'oie me this Otli tlay of September, A. D. \8j*{), after
having bci'U read over liy me to di'jionciit.
Andukw' T. Lewis,
CicrL ('. S. Dist. Cuuii.
Lieut. John C. Cantw<'ll being duly sworn depo.ses and says:
(.). State your name, occupation and age. — A. John C. Cantwell, :h(l li(uitenant,
U. S. Revenue Marine Service, at luesent on duty U. S. Revenue Steamer Corichi ami
over the age of twenty-one years — and was so during two yi^irs lasr past.
Q. Do you recognize this paper .' — A. I do. It is the ollicial inventory made bj- me
o: or about the 12th of August, iSriC), of the furniture, tackle, iijipuvtenances, and
\. go of the schooner Onward. This inventory was made in conseijuence of the
■ !/,nre of the vessel and gives a true and complete list of the furniture, tackle, appnr-
!-'!; noes, and cargo of said vessel with the exception of the arms and amniunition.
(Said iuveutory contains the usual ship's furniture of a vessel of the class of the
SEAL FISHERIES IN HERIN(; SEA.
31
(hnrard, iiiivi;;atiii;;- iiiKtniiiiciitN, li^lits, tools, sails, sliiji's stores, ami ItlO seal skins.
Tlio rnciiit of I. AihUmhoii, deputy II. .S. marshal at OoiialiLska, August 1-lth, Idtiti,
l'(»r said fiiriiitiire, stores, and carj^o, is attached tlieicto.)
" Jly witness'" llie item "400 seal skins" in said inventory means Cur seal skins,
John (J. Cantwki.i,,
:Ul Unit. U. S. /.'. M.
Snbserilied an<l sworn to heCore nie tliisHtli day of Si'iUember, l.Srfl!, after liavinj;
lieen read over l>y 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<a;jo
of "Jl years an<l a lientenant in tlie U. S. revennc marine^ and attached to tlic revonuo
steamer Conciii.
(.}. Do yon reco;;nizo this jiajier? — A. I do. Tlii* jiaper marked (Ex. M) is tlio
clearance i)aiter of the schooner Oinvdid, N'ictoria, J{. C. I fonnd this jiaper on the
said schooner at the tinu^ of her seiznre and t hen and there look ]n)sseKsion of it.
(Said clearance describes the Oiiirnrd as a llritish schooner of :!."». v!0 tons, navi<fated
with fonr men, wood l)nilt, and lionnd tor Pacilic Ocean and Hehrinji Sea, liavin;? on
hoard ballast for lisbing and hnntinj^ voyage. It is dated at \'ictoria, i>. 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 tillc<l, 1 e.in powder, i bag
of bnck-shot, ''' small bags cajis.
(.j. What was done with these arms ami ammnuition? — A. They were brought to
Sitka on the t'uncin and turned over to the I'. S. marshal at Sitka, and aro now in
his cnstody.
John U. Rnoi)i;s.
Subscribed and sworn to Ix^fore jiie this '.'ih tlay of September, A. ]). 18H(), after hav-
ing been read over by me to deponent.
ANOFSKW T. liKWIS,
Clerk U. S. Dial. Court.
,IOHX U. liiiDDKS, being duly sworn, deposes and says:
Q. State your name, age, and occii))ation. — A. .John U. Rhodes; lient. U. S. Rev-
enue Marine ; at present uii the U. S. revenue steamer Corwin ; and over the age of iil
years.
Q. Was any other property seized ujion the schooner Oinrard except what is in-
cluded in the general inventory? — A. 'i'here was a box containing clothing and nau-
tical instruments; the box was marked Daniel Monroe, master of the schooner Oii-
irai-d.
(,». What -was done with this iiro]ierty !' — A. I turned it over to the United States
marshal at Sitka and it is now in iiis cnstody.
John U. Eiiodks.
Subscribed anil sworn to befoi'c me this Hth day of September, A. D. 188G, after
having been read over by me to deponent.
AxniiKW T. Lkwis,
Clerk U. 8. Dint, Court.
m
Charles T. Winslow, bi'ing duly swcirii. dt'posos and says :
(.). State yonr name, age, and occupation. — A. My name is Charles T. AVinslow; 48
vears of age. I am a boatswain on the rcvenuc-cut ter Curuhi, and was so on August
I'lid, 1>S(;.
(). 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<m's for the said s(diooner and herowners
herein, and Danitd Miiiiroo then and t hero appeared in piirsiiaiK.'e of notice .served
upon liini.
'I'liat I was unable to comidete the takinjjj of said deiiositions on said 7th (biy of
Seiitember, issti, and I continued tht; taking;' thereof on the Hth and iltli of Septem-
ber. 1881), and comjileted the same on said last-named day. That the said parties by
tlieir said attorneys ami ))roctors then and thert^ appeared, and were present on each
of said last-named days and at all times diirinj? tlie takin<^s of said dejiositioHH. That
•each of said witnesses wa.s then and there duly oautionc^d and sworn by me, that the
evidence he .should <five in said action should be the truth, the whole truth, and noth-
inji but the truth, and thereafter each of said witnesses was then and there examined
before me, anil I then and there took down the statement and testimony of each of
Haul witnesses, and reduced tlie same to writing In his ])reseiice, and then read the
same over to him : and lie then and tliere, after the same had been so reduced to writ-
ing and read over to hun, subscribed the same In my jiresence, aud swore to the truth
tln"rof.
'IMiat the forej^olnjj: depositions are the deiio.-,!* Ions of said witnesses then and there
taken hefore me ;is albresaid. That due notice of the taking of said (b'positl'j;' j was
given as re(|iiired l)y said order.
\\'itness my liand and the seal of said district court this Uth day of September, A.
D. issc.
[.SKAL.] ANDliKW' T. IiK^yIS,
Clrrh- of the I'littid States District Court in and for the district of Ahislca,
i'nited States of . I m erica.
Oil Soptcinber 2()tli was tiled the followiiif? aiiuMidod libel of iiif'oinia-
tioii :
IN TIIK rNITKT* STATI'.S DISTRICT fOl'HT IN AND TOI! THK DISTRICT OF ALASKA,
UNITKO STATI'.S OF AMKIMCA. AU(iUsr .SPECIAL TKR.M, 1880.
To the lionorablo Lafaykttf, Dawson,
,ltid(jc of said district court :
Th(> 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 <d' ten or more Ions hm-
den, seized the schooner Oinrnrri, her ta(d<le, apparel, hoats, {'arno, and fiiriiitiir(>, 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;yin<j,
rope, twine, lam])H, oil, 1! tons of salt, casks and hnckets, -KiO fiir seal skins, provis-
ions, IvJ jjnns and ammunition for saim.-, and all other iiro|)erty found upon or appur-
tenant to said s(diooner. That said C. A, Ahhey was then and there duly ((uninissioned
and authorized i)y the ])ro)ier department of tim I'nited States lo make siiid seizure.
'J'liat all of sai(l iiro])erty was then and there seized asl'orleiti'd to the 1,'nited States
for I he followinj; causes :
That said vi'ssel and her ca]dain, otliccws, and crew were then and there found en-
ea^ed in killing fur seals within tln^ limits of Alaska 'I'erritory and in the waters
thereof, i'l violation of section I'.trit! of the Revised Statutes (d' th(^ I'nited Stjites.
That all the said iirojierty, after heiui? seize(l as aforesaid, was hronjiht into the
port of Oonalaska in said 'J'eiritory. ami dcdivcred into tlu^ kee])in^' of Isaac Ander-
son, a deputy United States marshal of this district, with the i'\c,e)>lion 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<res:
That on the 'Jnd <lay of Anj;u8t, ItirHi, .lames Market ich and certain other persons
whose names are unknown to sai(i United States attorney, who were then and there
enifa<;ed on lioard of the said schooner Onward as seamen and sejil hunters, did under
the direction and by the authority of Danitd Monioe, then and there master of said
schooner, en^jaj^e in killing; and did kill, in tlu' Territory and district of Alaska, and
in the waters tliereof, to wit, 20 fur seal, in violation of section lit.')!) of the lievise*!
Statutes of the U'^nited States, in such cases nnide and j)rovided.
That th(! said 400 fur seal skins, and other jjoods so seized on hoard of said schooner
Oiiuard constituted tlie cari];o of said schooner at the time of the killinj^ of said fur
seals, and at the time of said seizure.
And said attorney saith that all and sin};ular the premises were and are true and
witliin the admiralty and nniritinio jurisdiction of the United States, and of this hon-
orahle court, and that by reason thereof, and by force of the statutes in such cases
made and ])rovided, the aforementioned schooner, being a vessel of over "20 tons Imr-
den, and her tackle, appai'el, boats, cargo, and furniture, became and are forfeited to
the list! of the United States.
Wherefore the said attorney prays that the usual process and monition of this hon-
orable court issue in this behalf against said scliooner and all said hereinbefore de-
scribed property to enforce the forfeiture thereof, and recpiiring notice to be given
to all persons to ajipear and show cause;, on the return day of said process, why said
forfeiture should not be decreed ; and that, after due pro(!eedings are had, all of said
])roperty bt> 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 an<l says th^it "lie said matters
in manner and I'orm, as the same arcs in said information stated and set forth, are not
sulhcient in law for the United States to have and maintain their said action for tho
I'orfeitnro of the projterty aforesaid.
■J<1. The said claimants by protestation deny that this court has jurisdiction to de-
termiiK! or try the (luestion hereby jmt in isstm.
:{d. And that said claimants are not bound by law to answer tho saine.
Wherefore the said claimantH, Charles Spring & Co., pray that tho said information
may be dismissed with costs.
W. Clark & D. A. Dinglry,
I'roctors for Claimants.
Whieli tU'inurrer was overruled by the court.
Oil the same day was filed the following answer of claimants :
■U
I\ THK VXITKH .STATKS DISTRICT COURT KOR TIIK DISTRICT OI'' ALASKA.
i'nitcd Sliitvs vs. Cliurhs Spring if- Co. and Schooner " Onward." Answer.
The answer of Charles Spring & Co., cl;iiniants 'and owm^rs of said schooner On-
n-ard, her tackle, ajijiarel, liirniture, anil car<ro, as tho same are set forth in the in-
formation tiled herein in helialf of the United St;ites.
And now comes Charles Siiriiifi iV; Co., elaijnants as aforesaid, and for answer to the
said information anainst tin; said sidiooner Onward, her ta(d<le, ai>ii.'irel, fiirnituie, and
car;;(), Jis set forth in sai<l iiilormation, say that the said schooner Onward, her taidvle,
a]>p.'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<l ari' absent from tho
lJiNtri(5t ol AluHka.
(This was treated as Hubseribi'd and sworn to by Daniel Miinroo, master.)
Subscribed and sworn to before me this day of Septendier, A, D. Hrt<5.
On September 2LM, 1880, were tileil tlie followin}? exceptions to an-
swer :
t .MTKI> 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 <J' Co. and schooner Onward. Xo. AO. Am- nded answer.
To the honorable Lafayette Dawson,
Judijc of the United States district court for the district of Alaska :
Daniel Monroe, master of the schooner Onward, interveniiifj for the interests and in
behalf of Charles Spring »&. Co., owners and claimants of said schooner Onn-ard, hvv
Tackle, apparel, furniture, and cargo, for amended answer to the libel of inforniatiou
heroin against said schooner, her tackle, ajiparol, furniture, and cargo, alleges as
follows :
Ist, That he denies each and every material allegation in said libel of information
contained.
*.Jnd. Denies that the said schooner Onward, her tackle, .njiparcl, furniture, and
cargo, and the projicrty appertaining thereto as set forth and described in said liiiel
of iiiforniation or any part thereof became forfeiteil to the United States.
Hid, Denies that said scliooner, her captain, ot'liciu's, and crew or any oin^ of them
wci'o found engaged in killing fnr seal within the limits of Alaslia waters and within
tlie Territory of Alaska ill violation of section llt'ili of the Keviseil Statutes of the
United States as set forth in said libel of inl'oriiiation or at all,
4tli, Denies that they killed any nnnibcjr gn^at or less, or any imniber jit .-ill of i'nr
sealer other fur-bearing animals witliin the waters of Alaska, or within the said
Territory of Alaska or in any part tlii'ieof,
"itli. That all and singular the )>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, tli<Mi and there to appear
and make their alleojitioiis in that Ixdialf; and Daniel Monroe, the captain of said
vessel, havinj? heretofore tiled .'i(daim to all said jjroperty on behalf of Char'es Sprin;;
& Co., of Victoria, H. C, tlie owner thereof, and no other jiorsons havinf; apjieared,
and no claims or alU^j^ations havinjr been made or tiled herein by .any other person or
persons, and the usual proclamation havinif been made, and sai*! cause having been
heard upon the jileadinj^s and jiroofs, M. D. Hall, esq., and W. H. Payson, esq.,
api)earin<f as auvociates for the said liliollant, and W. Clark as advocate for said claim-
ants ; and the cause havinj; been submitted to the court for decision, and due delib-
eration being had in the premises, it is now ordered, sentenced, and decreed as fol-
lows :
1st. That all persons whatsoever other than said claimants be and thoy are hereby
declared in contumacy and default.
!2nd. That said sidiooner O/iican?, her tackle, a])]>iircl, 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<l I'nited States, and beini;' presen',
licn^ in eonrt in liis iirojier person, in the iiann^ and on i)ehalf of the said United Sta'.-s,
against the schooner Thoniloii, hc!' !acl;Ic, r.]!i)are], boats, cargo, and fnrnitnrt-, and
against all peisons intervening for their interest therein, in a cause of forfeiture, al-
leges and inl'ornis as tolh)\vs:
Tinit Charles A. Alibey, an otlieei in the revenne-inniine service of the I'nited
States anil on special li.'.ty in the waters of the distiiet of Alaska, heretofore, to wit.
on the first day o|' Aiignst, l"^rfl'i, within the limits of Ahiska 'I'erritory and in the
waters tlier<'of, and wit ill ii 1 lie civil ami Jndiiial district of Alaska, to wit , wit hin t ho
waters td' that imrlion of Btdiring Sea belonging to tlie said disiriet, on waters navi-
gable from the sea by vessels (>!' 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<u' was foiiiid engaged in killing fur seal within the
limits of Alaska Territory and in the waters thereof, in violation of section I'J.'id of
the Keviseii Statutes of the United States.
And tiie siiid atlor;u-y saiththat all and singnlai- the premises are and were true
and within the ailiniralty and inarit iine, jiirisdielion of this coiirl ; and that by rea-
son t iiereid', and by Ibrce of the statutes of the I niti'd ."-^tates in such casi's made and
jiroviiled, tlie a I'oreinentioned iind desei itied s(dio(iner or vessid, being a vessel of over
t\\enty tons biinieii, her tackle, ajiparel, b(!ats, cargo, and furniture, became and are
forfeited tiitlu^ use cd' the said liiitcd litates, and ,hat said scdie'incr is now within
the distriid aforesaid.
Wlieref(U(! til" said attorney ]'.ra\ s that the ns>'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 <d' the United States of America to the marshal of tins district of
Alaska greeting :
Whereas a libel >>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 resiipctin<i; the same, and to j;ive notice to ul' !«>rs!;».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 h<Mioral>lf 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<iu>^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 <d'said I'uririii are material inid neces-
sary witnesses for the United States iu the ahove-enlitled action: J. t). Cantwell,
lieutenant; .J. U. Rhodes, lieutenant; I. If. Doujflass, ))ilot.
'i'hat owinu; to scarcity of juovisions and fuel upon saiil cutter Coririii, the saiil
('orwiii and (h'lioneut and said \vitiu\s~es will he ohlij^ed to and ari^ ahout to j^o to
Hca wiihin live days, and out of the district iu which tin; said ease is te he tried, ami
to a ere,iie[' distance tlnin one hnmlred miles Itom the id.ice of trial of said ;iet ion
liefore the tinm of said trial.
That tiicre is uret'ut necessity t'<'V takini; the depositions of alhant and said wit-
nesses forthwith.
That Iliins (Jnttoi'iiiseii was .nasternnd in jiosession of said s(hi)oner I'honiton n\
the tinu^ of seizure thereof.
C. \. AiUii'.v.
Suhscrihi'd and swoin to before me this (iiii day of .Scptemher, 1-'>(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, <J. T. Wiusl-w, Alli'ert Leaf, ('. Wilhelm, Thomas Siu-
jileton, ami T. I.,orei'seu he taken hef'ns the clerk of the said district (ionrt on Tues-
«hiy, the 7th <lay of Sei>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<i (d' saiil depositions.
Dated Septemhcr '.»tli, 1— •'('.
liAKToN Atkins.
U. S. Mar:^haJ.
On September lOlli, LSSG, were Hied the following depositions:
IN liiK iNrn;!) sjatks ihsiimci coriii in ani> 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!<a, ])isirict ot' Alaska, United States
of America, by virtiu' and in pursuance of the order of said court, made i!!i;l ; niercd in
tlie iihovc (Mititied action on Seiiiember titli, l-'-'i, directing that the testimony and
depositions of said witnesses lie taken betore me at said tirst mentioned time ami
lilace and at siudi sulisciincnt times as the lakiiiir of the same iiiight )>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<H)7icr and in iiossessicni thereof at time of sei/nre, and upon iV. L'lark, es(|., his
attorney, the, owners thereof being unknown and without the jurisdiction of this
court.
Caiitain C. A. Abbey, being duly sworn, desposes and says;
<./. Stale yonr name and occupatiim. — A. (Japt.iin C. A. Abbey, in th<^ rnited States
lie veil lie MiU'ine Servire, at iireseiil in coiiiiiiand of t lie T. S. lie veil lie Steamer Conrin,
on special duty ill Alaskan waters, for the protection of the seal islands and of the
Government interests in Ai.-iska generally.
Ci>. 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 th<! iihel of information is filed ? — .\. It is.
i}. Did tills Jill occur within the, waters of Alaska and tlus Territory of Alaska and
wiihiu I'll' jurisdiction of this court ■? — A. It did.
(i. Did this occur within the waters ot th(! sea navigable for vessels of ten tons bur-
den or over ' — A. It diil.
V. A. AliUKY.
Suhsciihed and sworn to before me this '.itli day of .Se[»ti'inbcr, .\. D. bS-^t!, 'it'ter liav-
\\\iX been r(^a<l over by ine to deponent.
[.si:ai..] " Ani>i: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 <lay in the liiif ot youi duty. — \. I saw a small boat
on the jiort ';o\v we came up to her and found slic liad alxuit "i furseal aiioard. The
men in llu; boat wovt' armed with breecli-loadiiig lilh's. In answer to the comuiand-
iug odicer tin; . len admitted they were killing fur seal. Shortly after we pirked up
a hecond lioat and then sighted the schoDiier Thorn Ion. There were dead seal in the
second boat. I <lid not examine t he other lioais : i was sent on board the schooner ;
saw Hans (iiittonnsen apparently acting iis captain and Henry Norman as mate. 1
iski'd them what they were doing. Tlie ca]itaiii replied, catidiing seals. I signaleil
this to Cajit. Aldiey. who directed mo to seize, her, which I did, and tiie Corwin look
'i.i schooner in tow. TIk! fur seals in the lioats were Ideeding and mnsi luive been
Killed within a few hours.
Q. How many men wei-i; im board of the riiorntmi at the time of >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 .' i<in, and they
are recei[)ted for by 1. Anderson, dei>uty 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<i)i Divijo. 'i'lie Th(ir)ilon had four tioats.
.Joii.v V. ( ANrwi:i.i„
:)d I. hut., i: >. /.'. 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(<d up a boat bearing the name Thornton ; it had al)oiit 8 dead fur seal in
it; the men in the boat had breech-loading rilles; we afterwards picked ii|i another
boat and then siglite<l the scdiooner Jhoniton, luid went on board and was put in
charge of her. Wo afterwards jii eked up two more boats ; the men in the boats (daimed
iL, . the boats ludonged to the Thornton and were jnit on board of lier. There wore
bcf-'At^eu 1') and ^0 dead fur seal on deck and one hair seal. Tlii^se seal were most of
liif ii 'i'f'dicg and evidently recently killed. The captain and several id' the liiinterH
said i!:'"y nad killed 'Jl, I think it was, fur seals that day, and would have got more
if they ijpd liiul more dayliglit and if the cutter had notcoiuo up.
•'
42
SEAL FISHERIKS IN BERING SEA.
Q. Do yoii rt'cojinizo tliost^ papers? — A. I do. This ]Kipt>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<s(> 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 <luty on the V . S. res'enut! steamer Coricin : and ovt>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<ivertothe l'. S. nnirshal at
Sitka, and it is now in his cnstod;,
.lollX r. KlIODK.S.
Subscribed and sworn to before mi^ th.., ;Mh d.iy of Se])teml)er, A. D. H-t>, 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 sighte<l a boat on our poit bow ;iud soon afler saw another boat ;
steamed to the tirst boat an. I orderecl her to come alongsidi-, w'lich sh<' did. The
name steann-r Thornton Aa , on the stern of the i)o;it. Tlier()were two cr threes mcMi in
the boat with arms ami (i •;• H dead fur seal, which had t he ai>pearance 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. Iiu<ling it en-
gaged in the same business ; then we sighted a s(diooner diifting without sail or steam,
which jiroved to be the steam sehooiuM' Thornton. On coming uj) with her she was
.seized, by order of Capt. Abl)ey, and taken in tow. We then piek<Ml up two more
boats belonging to the Thornton having dead fur seal on board. This was in Hidiriug
Sea, about ().") miles southeast from St. (ieoiges Island and about ."illU or (;(!(.) miles ti;
the eastw;ird of the western boundary line of Alaska Territory,
Q. Sliite wlnvt experience yon liav(! had in the fur-s(^aling business and your knowl-
edge of the habits of the fui' seal. — A. I have been ciruising for more than l") years off
and on in Alaskan waters, always as an oltici^r or pilot, and have visited the I'ribilolV
Islands, St. I'anl, ami St. George several hinidred times and am i)erfectly familiar
with the sealing business as (u)nducted on those islaiuls, and understand the migrating
h.abits of the fur seals. From about the 1st of May to abo'.t the 1st of , Inly of e.ach year
the fur seal is migrating north and mostly through the IJnimak and Akutaii passes to
those islands for breeding ]iurpo.ses. They go to no other jdace in tlio known world
except these islands and Co »er Island for l)reeding jjurposes.
After the breeding season d' about a mouth they l)egin to migrate south, and until
November of eacli year are migrating south through IJehring Sea. During this season
from May till Noveiub(>r 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!<l. Court in and for the Dintriit of .//((sAv*. I.nitrd Slatcy of Anii'tira.
Vu tlie L'Otli (lay of September, 18.S(», was tiled tlie followiijo- cliiiiu of
master for owner:
IN' TIIK fNITKI) STATKS DISIIMCT t:Ot;i!T I'OI! Till'. KISTKHT ill* AL.VSKA.
KAi.rv.
IN A1>.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(!<l and anthorized hy
the projter departnu'nt of the United Statics to maki' said seizure.
That all of said property was then and there seized as forfeited to the United States
for the followinLj causes:
'I'hat said vessel, her ea]>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<l United States attorney unknown, who were then and there
en<fajj;ed on hoard of the said schooner Thornton as seamen and seal hunters, did, un-
der the direction and hy the authority of Hans (iuttornisen, then ami there master of
said schooner, enj^a^e in killinjr and did kill, in the territory and district of Alaska,
and in the wattn's tlier(V)f, to wit, iJO fur seals, in violation of section I'.t.'Kl of the Re-
vised Statutes of the United States, in such cases made and i)rovided.
That tho said 4(13 fnr-.seal skins. :? ])up skins, 1 hair-seal skin, and other goods so
seized on hoard of said schooner Thornton constituted the car^o of said schooner at
the time of the killinjif of said fnr seals, ami at the tinn; of said seizure.
Ami said attorui-y saith tiiat all and sin;;ular the premises were and are true and
witliin the admiralty and imiritinie jurisdiction of the United States and of this hon-
orable court, and that by reason thereof and by force of the statutes in sneh cases
made and ]trovided, the aforementioned schooner, belli;.; a vessel of over 20 tons bur-
den, and her said tackel, apparel, lioats, cargo, and f-irnitiiro became and are for-
feited to the use of the United States.
.SEAL FISHERIES IN IJEI{I.\(; SEA.
4.")
Wlierctorc tlit! said iittoriuiv prays tliat lliti iisiuil jiroccss and inonitioii oC this lum-
oralilo court issue in tiiis hciialf aj^aiiist said schooner ami ail said licniiiihcfon" de-
scribed iirojieity to oiituicc tlio forfeit n its thereof, and iei|iiirinj;' notice to he i;i\en to
all jiersons to aitpeur and sliow eanse on the refnrn day of said process why said for-
feiture should not li(( de(M'eed; and that after <lue ]irocee(lin>;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:<t. Allonicii for lite Dinlrict o/' Aldi^kd.
J'atodSeplendier^JOth, I-'h;.
Oil the samo day was iiled the (bllowinji;- deiimrrer:
IN' TMK CMTKI) STATKS DISTlilCT ((ll'ltT FOR Till', DISTKICT OK ALASKA.
Ciiited Stales vs. J. /). U'ttrrcii and sdnxnicr ^''J'lionitoii.'' Demurrer.
. .■'
The <lenMirrt>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 eonfessin<x all or any of th(^ matters in
said aniende<l information contained to lie true, demurs th ■ctoand says that the said
[natters, in manner ami form as the same are in the infornuitiou stated and set forth,
are not sullicient in law for the United Stat<!8 to liiive and maintain their said action
for the forfeiture of the iiro))erty aforesaid.
•Jd. The said claimant by ])rotestatioii denies that this court has jurisdiction to de-
termine or try the (jnestiou hereby put in issue.
;iil. And that the saitl claimant is not bound in law to answer the same.
Wherefore claimant prays that said information may be dismissed with costs.
W. Ci.Ai{K ik I). A. Din(;mcy.
J'roctors /or Claimant.
Vv'hich demurrer was oveiTided by the court, and ou the same day
was filed the followiusr answer:
IN TMK UNMKD STATKS DISTRICT COl HT FOIi TUK DISTKICT OF ALASKA.
United Statrx vs. J. D. Warren and schooner " Thornton." Answer of claimant.
The answer of J. I). Warren, owner and claimant of the said schooner Thornton,
lier tackle, apparel, cargo, and furniture, as the same are set forth in the information
tiled herein in behalf of the United States.
And now comes J. D. Warren, claimant as aforesaid, and for answer to the said in-
formation against the said schooner Thornton, her tackle, api)arel, furniture, and
cargo, as no.t forth in said information, says that the said schooner Thornton, her tackle.
ai)]>arel, furniture, and cargo, as S(^t forth in the information mentioned, did not nor
<lid any part thereof become forfeited in manner and form as in said information in
that behalf alleged, or at all.
Wherefore the said claimant prays that said information ho dismissed, with costs
to this claimant attached.
W. Clark & D. A. DixfiLicv,
Proctors for Claimant.
On the L'2nd of September, 1880, were tiled the following exceptions
to answer:
U.MTKI) STATKS DLSTHICT COUItT, DLSTIMCT OK ALASKA, CNMTKl) .ST.VTi:S OF AMKIilCA.
United States va. The Sehooner Thornton. ^Vo. 50.
< H
The said libellant hereby excepts to the Hutliciency of the defendant's answer here-
in, on the' following grounds:
1st. Said answer is not properly or at all v(>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<l notice to be piiblisheil, .and tli«^ same has been ]iiiblished in
the Alaskan, a lunvspaiier puldished at Sitka, in said disli-jct, on the 4tli day of Sep-
tember, issti, and in each issue of said newsjiaiiCr siiliseiiuent thereto until 4th ilay
of October, 188(),
Hahtkx Atk.ns,
Marshal JJist, of Alaska.
Sitka, Alaska, Octolnr 4, ls8t).
SKAL FISIIEKIES IN lU'.KlNG SEA.
47
On the same day was tiled the following; decree:
IN TIIK rNlTKl) STATKS DISTIJICT COfltT IN AND I OU TIIK DISTIilCT Ol' ALASKA,
i;.NITI-.l) STATKS (iK AMKliUA.
rnilcil f^ldlia vs. I'lic Srlidoiiir Tlionilon. Ao. '>((.
'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»<! hanic to ajuicar Ixdoni tiiis I'onrt on tliis Itli flay of OctohiT, 1H-<(i, at 10
o'clock a. ni., at the district of Alaska, I'^nitcd .States of Aintirica, tlicn and tlnTO to
i n tcr post' t lie ii'cliiiniH and niako » heir alleviations in tliat ludialf ; and lIans(jlnttorniatMi,
tho. captain of said vessel, liavinjj herelolore liled a claim to all of said piopertyon be-
half of J. 1). V.'aiTcn, of \lctoria, JS. C, the owner thereof, and nootlier persons hiivin;;
appeared, and no claims or alleyalions haviny; been nnideor filed iiereiii by any other
person or iiersons, and the usual iiroclamation havinj; iieen made, and said cause
liavin;; been heard upon the ])leiidin;fs and prools, M. 1). Hall, es(|., and W. H. Pay-
son, esf)., a|ipearin;; as advocates for said lilieihint, and W.Clark as advocate for
said claimant ; and said cause h;ivin<^ been submitted to the court for decision, and
due deliberation iicing had in theiireinises, it is now ordered, sentenced, and decreed
as follows :
1st. Tliat all jiersons whatsoever other than said chiimant be, and they are hereby,
declared in contumacy and default.
•Jnd. Tliat tlit< said sclioouer Thornton, her tackle, apparel, boats, and furniture,
and li»!r <'ar^o of 40H fur-seal skins, and all other jiroperty found upon and apimrte-
nant to said schooner, be, and the same are hereby, coudenined as forfeited to the use
i)f the United States.
;jrd. That unless an ajipeal be taken to this decree within the tiinie limited ami ])ro-
scribed by law and tlu! rules of this court, the usual writ of venditioni (>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.<!: notice of appeal :
IX TIIK L'XITKI) ST.ATKS DlsrillCT COI'KT Kdll TIIK DISTKU T OK AI.ASK\,
Vnitid Slnti'n vs. /. I). If'arrrn and Sclioontr " Thornton.^' Notice of appeal.
And now couk; W. Claik »t D. A. Diii<^lev, iwocfors for and in btdialf of the claim-
ant herein, and nolili(^s this honoral)le eonrt that they htn'eby appeal from the <lecree
lendered het.'in to the circuit court havin;j appellate jurisdiction over this district,
and that said a|ipcai is taken (ui i|uestions of law and fact, and i)rays the court for
ail order oil its clerk to jirepare a ci>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 <d" the car;;oeH of said veH^els attached, that sale of the same shall
l)(! niad(i iit San Francisco, in tlui district of California, and that sale of said
ficdiooner Sun Dkijn and all the otlu^r attached i)roi)crty he made at Sitka,, in the dis-
trict of Alaska. Thirty tlays' notice (d" snch sale to he j.;ivcn .at ea(di of the places
■where th(^ same iiit» to ho made, hy ])OHtiii}i Hnch notic(>, 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'e<j;oin<]; transcript
of th(^ record in the case of the United States r>i. the schooner Tlninilon, her tackle,
api)ar<d, Ac, on liixd of information pendinj? in saiil court, has heen compared by me
with the oriijinal, and that it is a correct transcrii)t therefrom and of the whole of
Hindi ori<;inal, except tin; fail text of the exhibits referred to in the testimony tlr'rein,
the imrport of which only is stated, and that the purport of said exhibits is correctly
statt^d, as tlm same appears of record at my otiice and in my custody.
Witness my hand ami the seal of said court this lOtli day of March, 1887.
[sKAL. 1 " Andukw T. Lkwis,
Clerk.
No. 1.").
Sir L. S. Sacl-viUc West to Mr. Bayard.
Washington, August 11, 1887. (Received August 12.)
Sir: I liave the liouor to inform you that Her Id ajesty's Government
liave receivetl a teU>oram 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((.shiii</t(>n, Auijust 1.'5, ISST.
Sill: I Iiiivo i\\K\ lioiior to a(!kii<)\vli'<l;i<' tlio receipt ol". your note of llie
lltli iiistiuit, received yesterday iil'teriiooii, iiilorinin;^' me ol a telej,aaplii(',
eomiinmieation fioiii tlie comiiiander-iii (tliief of Her Majesty's naval
forces in the Tacilic, <lated at A'ictoria, British Cohnnhia, An<;iist 7, re-
jioi'tinj;" the seizure of three British Cohnnbian sealinj,' sciiooners " in
l>ehrin;>' Sea, a lon^ <listance from Sitka," and tlnit '"several other
vessels were in si<iht heinji" towed in."
The reference to my note to you of the 3d of l'\'l)ruary last, which
you make under the instruction of the ]\lar«iuis of Salislniry, has caused
i.io to examine the exi)ressious contained therein, and I cau discover no
{jjround whatever for theassumption by Her Majesty's (lovernment that
it contained assurances " that pendinj;' the conclusion of discussions be-
tween the two (Tovernmeuts on f^eneral questions involved, lu) further
seizures would be made by order of the United States (lovernment."
Until your note of the 11th instant was received, 1 had no informa-
tion of the seizure of the sealin<;" vessels therein relerred to, and have no
knowledge wiiatever of the circumstances under wlii(!li sucli seizures
have been made.
I sindl at on(;e endeavor to supply myself with the information lu^c-
essary to enable me to re])ly to you more fully.
The cases of seizure relerred to in my note of l-'ebruaiy ;?, 1SS7, had
oi'curi'cd duriiifj the pnn'ious Auj;ust, and upon the basis of the infor-
mation then obtained 1 wrote you tis follows :
111 tliis coiinoctioii I tako tlio occiiHidii to iiifoi'iii yoii tliat, witliDiit concliisioii at
I Ills t im(M)f any (|ii('st ioius wliicli may lie IoiiikI lo lie involved in 1 liisc caM's of sci/mt",
iinlcrs have btuMi issued liy tins I'li'sidcnl's direct ion tor (lie discMutinnancc ot" all
iicndinjr proci'cdinjfs, Ihi^ dis(diar^<^ of tlie vessels referred to, and the release of all
persons iinilca" arrest in connection tliei'cwilli.
llaviuft" no reason to anticipate any other seizures, nothinjj was said
in relation to the possibility of siudi an occurrence, nor do I find in our
correspondence on the subject any }j;rouiuls for such an understandiufi'
as you inform me had been assumed to exist by Her Britannic ^Majesty's
(lOvernment.
A short time since, when you called upon mo and ])ersonally obtained
co])ies of the record of the judicial proceedinjjs in the three cases of
seizure in August last in Behrinj;- Sea, nothino- was said in relation to
other cases. Whether the circumstances attendani upon the cases
which you now report to me are the same as those which induced the
Executive to direct the releases referred to, r'Mnains hereafter to be
ascertained, and this with as little delay as the circumstances will
1 term it.
I have, etc., T. F. JUyaud.
iV
. •»
Xo. 17.
Marquis of Salishur!/ to Sir L. S. SacJccille West.*
Foreign Office, September 10, 188V.
Sir: By a dispatch of the 3()th October last (No. 214) the late Earl
of Iddesleifjh instructed you to call the attention of the United States
•Lett at tlie Deiiartnient of State by Ij-ir L. S. Sackville West, Sept. 23, IS-s/.
S. Ex. 100 4
' r ;
.#
r)0
SEAL FISIIEKIES IN lU'.RINC; SEA
Sc(M('tar,v of Stale to the circmiistiuiccs of tlie seizure in IJeliriiiji's Sea,
by the Anieiicaii cniiser rv>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<ic-ration hereafter
all rights to compensation.
Neaii,\ lour months havinji' elapsed without any delinite ildbrmation
beinj-'. jurnished by the I'nited Slates (lovernment as to tlu^ ;j:rounds of
the seizures, my predecessor instructed you, on the Sth of .June f.Jan-
uaiy .'I last, to e\p> 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<'e<liii;;f which he had «'alled tor was shortly <'.\pect(Ml to
reach AVasiiinj;ton, and that, without conclusion at that time of any
»lueslions which mi<;ht be found to be involve«l in these, cases of seizures,
orders had been issued by the President's direction for the discontinu-
ance of all pendin;^ proceedinj^s, the dis(;har<;e of the vessels referred to,
and the release of all i)ersons under arrest in connection therewith.
On the 4tli of April, under instnuitions from me, you inipiired of Mv.
Bayard, in \ iew of the approaching;' lishinj;' season in J^elaiiiji's Sea,
whether the owners of JJritish vessels mi};ht rely when not near land on
bein.n' unmolesicd by the crnisers of the I'nited States, and you aj^ain
asked wlieii the rei-oi'd of the judicial ))roce«'dinffs mi^lit l)e expec.ted.
Mr. r>ayard informed you, in reply (iL'th April), that the ])apers r*'-
ferred to had i'eache<l him and were bein^ examined; that there had
been unavoidable delay in franiinjj: ai)propriate rejjjulations and issuing'
orders to the United States vessels to i)olice the Alaskan "waters; that
the Revised Statutes relating:' to Alaska, setitions 11)5(1 and 1!>71, 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<lenination of those vessels.
The lilx'ls of information allejic that they wen' si'ized for killinji" I'nr
seal within the limits of AlasUa Tcnifory, and in the waters thei'cof, in
violation of section lOati of the IJevised Statutes of tlu^ l'nitc(l States;
and the UnittMl States Naval ('onunander Abbey (M'rtaiidy allirmed that
the vessels were seized within the wateis of Alaska an(l the Territory
of Alaska, but acrcordinj; to his own evidence, they were seized 1~>, 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 <li'i;ift' of nortlicrn lat itndu ; also from tlni
Alcniian I.slan('S t(. tlie eastern coast of Siberia, as well as jiloii;^ tlie Kurile Islands
from l)(dirin<]; Straits to tlu! south t'ajie of the Island of I'mp, vi/, to the 1.")^ r)U' of
nortlicrn latiiude, is excdusively <{ranted t(» Russian Hiil)jeets.
. 1
:' f*
52
SKAL FI8IIERIKS IN I'.KKlNfi 8K.\.
And soetioii J stated :
It iH, tlicrcfoir, proliihitffl to all (orci;:" vessel-;, no! only to laiul (!>> (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;;<Mon the
ai)i>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:.;i<tn(4\s ; hiit it jireferred only
iissurtiiiij; its csseutial ri;j;htM without takiiij; advaiitago of localitit.'s.
On the 'M)\h March ]\Ir. A(huns replied to the ey})Ianations jiiven by
the Knssian minister. Jle stati'd that, with r«-.-;|»ect to the pretension
advanced in regard to territory, it must be considered notoidy with lef-
er( nite to the (piestion of territorial rights, but also to that ]>rohibi<ion
to i\w vessels of other nations, inclndin^.^ those of the United Slates, to
approach within lt»() Italian miles of the coasts. That from the ))eriod
of the existence of the United States as an indei)endent nation their
vt'sscls Inul freelv navigiitetl these seas, the right to navigate them be-
ing' a part i)f tlmt independencie ; and with rej^ard to the sug^gfestion that
" the Kiissiau Government miglit h}i,ve jnstitied tlie exercise ofsover-
eig:nt,v over the I'acMtic Ocean tis a close sea, ' because it (claims territory
both on its American and Asiatic shores,' it nniy snllice to say that the
distamie fron- shore to shore on tliM sea, in latitnderio north, is not
less than 00° of long^itnde or 4,000 <iiiles."' Mr. Adams conclnded as
follows:
Th" I'resident is ]K>rsna(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 <!on tract inj; ])ower.-
shall neither he disturbed nor restrained, eitlier in na\'i,''atit»ii or dsh-
in^", savini; (pertain restrictioJ!.^ \vlii(;!i are not material to tlu^ pi' 'S(Mit
issue; and a similar stipulation in the convention iierwec:: this country
and IkUssia. in tlu^ fcllowinj; year (15th May, ISlT)), put an end as re-
jjarded British subjects to tlie i)retensioi' •* of Russia to which I have
referred, and which ha<l been entirely rei)udi;Med by Her Majesty's
(jovernment in c'MTcspondence with the Russian (Jovernment in bS21
ami ISL'2, which for your more particular information F inclose herein.
Her Majesiy's Governmeirt feel sure that, in view of the considera-
tions wliicdi I h;vve :;et forth in this dispatch, wuich you will communi-
(tate to ^Ir. I'.ayard, the (lovernmeiit of the I'liited States will admit
that the seizure and condemnalion of these Hrit.sh vessels and the im-
])risoiMnent of their masters and crews were not warranted by the cir-
cumstances, an<l tnat they will b(^ ready to alford leasonablc compen-
sation to those wh(> 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<l note.
I have, etc.,
L. S. SacivVii-le West.
No. l'.».
. <
Sir L. »S'. Sdckrille Wrst to Mr. linj/ard.
WASiiiNciTON, October 4, 1887. (Received October o.)
Sir: liiav the honcr to inclose hermvith a left r addresse(l to the
Unitt'd States distiict attorney an<l Uniteil States marshal at Sitka,
which has been fovwarded to me by vh«> 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 ad<ls, by wny of explanation, that the envelope of the
letter which is desijribed by tlie minister of marine in the report trans-
niiiting it as sealed and unopened appears to have been worn through
at one end in transmission by ])ost.
1 have, etc.,
L. S. Sackville West.
it
[Inclosure.]
C(q)Uiin iilieiHird tu llic (iiilcil Stuta dixtrirt utionui/ and L'nilid ^taU>t 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 llnite<l States marshal at Sitka ; and stating the man-
ner in whi(!h it reached the ininistei's hands.
1 have, etc.,
T. F. P.AYAKI).
No. 21.
Mr Bayard to Mr. Garland.
Department cv State,
W<(,shin(itoit. October 8, 1887.
Sir: ^Vith reference to the copy of your t- legram of the28thof.Iaiuiary,
which accompanied your letter of thu 21st of IMay,1887, to this Dejtart-
ment, relative to the order issued by you for the release of the liritish
sealing vessels Carolina, Onwanl, and Thornton, I have now the honor
to inclose herewith, for your information, a copy of a note from Sir
SEAL nSHERIKS IN HEFIXG SEA.
55
Lionel West, Ilcr ilritaiiuic .Majesty's minister at this capital, in which
it is aHe<;e(l that the vessels in (juestion liave not been released.
In view of the fact the minister was informed, on the .'Jd of February
last, that the order for the discharge of the vessels referred to had been
issued, I shall feel much obli<>ed if you will kindly (raus(» this Depart-
ment to be furnishe<l with such information as will enable me to reply
fully to Sir Lionel "West's note.
1 have, etc.
T. F. IIAVAKD.
No. '2:
Mr. Ilajiard to Sir L. S. Snclcrille Woit.
])KPAliT3[ENT OF STATE,
Washiiu/ton, October 11, 1.S87.
Srii : 1 have the honor to ackuowledjje your note of the -0th ultimo,
st;>tin{; 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 <iskin,u' the reason ♦or the delay
in complyinj; with the orders of the Executive in that re<:;ard.
U])on receivinjiwour note ( at om;e wrote to my collea<;iie, the Attor-
lu'yCJeneral, as tiie head of the Department of Justice, in (tider tliat I
mij^ht be enabled to reply satisfactorily to your imiuiry.
I am still without answer from him, which, when re(!eived, shall be
promi)tly communi(!ated to you.
Li the meantime, in ucknowledjjing your note I take occasion to slate
my impression that if the three vessels sei/.ed and ordered to be re-
leased have not been repossessed by their owners, it is not because of
any hindrance on the ])art of any odlcial of this Government, or failure
to obey the order for release, but probably be(?ause of the ivmoteness of
the locality (Sitka) where they were t;'' en after arrest for adjudication,
and the proceedings haviii<j Ix^en in rem, the owu<'rs have not seen
proper to proceed to Alaska and repossess them- \'es of the proi)erty
in (|uestion.
Accent, sir, etc.,
T. Iv l;VYARD.
Xo. 2u.
Sir L. S. SacJcville West to Mr. IhiyimJ.
'•y,
WAsntNGTOX, October 12, 1S87. (Ileceived October L').)
SlU : In conne<!tion with the representation which I was instructed
to nuike to you respectinj; the 8«'i/ure of the Dritish schooners Onward^
Car 'inn, nnd Thornt(>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/icar<l, a copy of which is inclosed, no
seals had been taken by her crew in iJehrinff's Sea, as is alleged in the
libels of information tiled on behalf of the United States district attor-
ney in the district court of Alaska.
1 have, etc,
L. S. Sackville West.
o
u
re
[Inciosiire. |
Dvposiiioii of .tiiilinv lAiiig, ntntc of the schoomr JV, I'. t^aijtroKl.
l)K('I,AI!ATION.
I. Aiiilicw Laitjj, of N'ictorii), mates (if tlic Miitisli sfliooiicr IV. /', Sdiiirnrd, tlo s(»l-
emnly aiitl Hiiiccrely (h'claro —
'I'liiit I It'ft Victoi ia, liritish Columliia, in tlio scliooiior M'. /'. Siniir(trd on the KItli
(lay iif May, l^^c'T. Iioiiinl on a scaling voyagf, with a vww of .seven men and .sixteen
Iniiian Imntei.s, witli ei;^ht canoes.
^Ve coninienced sealiiij; olV Ciii)e Scott, on the inirlli of ^';lIH'onver Isluml, and killed
471) fur Hcals in the I'acilic Ocean, and entered the lieiinjf's Sea on .F.ily '2, l.''."<7, pa.ss-
iiig hiMween Uninak Lshiinl ami the Lslniid of the Fonr Mountains. 'J'he weather was
very thick and foj^ny, and we did nose.ilinn; in J5erin;i''s .Sea in consci|nence.
On tlu! Ittli.Jnly we were cniitnred liy the llnited States stcnner /.'/c/K/rr/ Hiisli, i>ein;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<l v.e wcic only allowed
to remove, (Hir clothing. This Indians were left to lind tlieir way home as they could.
They were aliont 70U nnles from their vill.ages.
1 tnrther say that when we were titken I si)oke to the captain of the, Itiixh, ami told
him we had not taken a seal in llehring's Sea. lie replied. "1 am sorry for yon ; I
ha\e to oliey orders, and take everything I emm' across in liehring's Se.'i."
And I m.ake this solemn declaration hy virtne of the act pii^sed in llie thirty-sev-
enth year of Her .Majesty's reign, entitled "An act for the snppression of voluntary
and extra-jndit ial oaths."
A. Lang.
Takni and declaicil hefore me at Victoria this f'th da.v of August. If^S?,
M. W. Tykwiiht Diiakk.
Solatil I'lililic.
I
No. 2 J.
Mr. Garland to Mr. I la yard.
Dki'Autment of di stick,
WdshiiKjton, ()vt<d)cr 12, 1SS7. (iteceived Oct(d)er 1.'}.)
Sir : In reply to your letter of the xl instant, inclosing copy of let"
ter from lion. L. S. Sackville West, with referen(;t^ to the vessels Caro-
lcna,i)nii'ard,;\\\{\ Thornton, yesterday I re('eiv<d a letter froi the mar-
shal, iJarton Atkins, stating in substance that my telegram of the L*Gth
SEAL FISHERIES IN HEKING SEA.
57
S(.l-
I
of Jamiiiry ha<l been llionfilit to bo, not ficmiiiH', and had iiotbeen acted
upon. To-day 1 isont him the lollowinj;' ti'U'j;rani :
As tho seal skins at San Eraiifisco art! ixrisliaMc, liavo salt- niailc. Tliirty days'
leavo is granted for tliat jnirposc. Lt't tiio vcssi'ls C<vnUn<i. O/uca/v/, ami 'J'lioniluii 1)0
rejcast (1. as (irdt'icd in mint' of tlic Vidtli of .lannary nltiinc.
1 tinst tliis will 1)C' obt-yt'd, and the v(!ss(.'Ls rcloasul as diiectt'd.
Yours, etc.,
A. II. GARLA^'D.
Atto)iiei/-(-ii'Htral.
^s^o. LT).
J/n Jlayard to Sir L. S. ISaclviUe West.
Department of St\te,
Washini/ton, October l.'i, 1887.
Sir : Continninji' niy reply to your note of the 21)tli ultimo, inquirino-
the reason for the delay in complying with the order issued in January
last for ♦he release of Ilritisli vessels seized last year in IJehriujj Sea, 1
l)ej> 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.
(</) A .sealed and nno|)ened h'tteidirc cteel to the I'nited States district attorney aiul
United States marshal, Sitka, Alaska.
((■) A letter from Collector llamlcy, of Victoria, BritLsh Columbia, dated .luly ','(1,
rehitinj; to the (b't<!ntion of the Canadian schooners Oninird, ('(inilinit. and 'I'lionitoii,
seized in Aujinst, l-^HCt, by the United States cutter Cuniiii in B(dirinjx Sea.
(J) ('opy <>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 <j,ronnd already so fnlly covered, and recommends that a copy of this reiK)rt, with
the ]iai>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,lnd<?e- l>awson, 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<son it llidni(d\eii, of N'ictoria, Uritish (Joliimhia, to the minis-
ter of justice, informinj; him that they are advised that a telef;rain was received liy
.Indjfe D.iwsoii from the United .States Attoriiey-(ienei'!il, orderinj^ the release of the
vessels aliove referred to; thiit .Jndj;e Dawson did issue an order a( cordinj^ly, hut that
he afterwards rescinded the order on the assumption that the telej^r.ini was a foiLjery.
ami that siiicti '• no ofticial hitters of .•iny sort, either contirniin^ the tele^rijmi or re-
spe(;tiiiij; the iilVair, has heen received ;it Sitlia."
The minister ohserves that if tiie inl'ornial ion conveyed in thi^ aliov(>-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 t<i
anil the iidease of all )iersons imder arn-st in connection therewitli.'' A ttdejiraiii in
accordance with Mr. Itayard's coniinnnication aii])e;irs to liavi; heen sent to Alaska,
and an order hased thereon to have heen issued hy the district jiidj^e, hnt to have
heen ;il'terwards rescinded, and no further action has heen taken np to date of latcHt
inforniat ion. Meanwhile the vess(ds rem.iin nnder sci/. ire, the seal skins are for-
feited, and the iiro]ierty of Canadian citizens torcilily withiudd from them under cir-
eiimst.-inces which involve very j^reat loss and d.ima^e.
The minisli'r I'urther idiservcs that with a vicnv of j^uidin;; tln^ action of Can.adian
citizens interested in si-alinj; in the northern seas, repeated attempts were made jire-
vioiis to th(» ('(unmencement of the ))resent season toohtaiii an otlicial expression
from the United States (Jovernnieiit of the policy they jiroposed to ]>nisue 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<dzures hail
lieeii iinally disposed of, no further sidznres would he made. And there is no doiiht
that on the streiiijth of this communication, and in the ahseiice of any ex]ilicit state-
iiient of policy to the contrary, Uanadian citizens did, in the he<rinninii of the jiresent
season, einhark upon their eustoniary sealin}r expeditions to liehriny; .Sea, under the
reasonahle im]ircssion that they would not he interfered with hy flie United .States
authorities so lon^j as they conducted their opera t ions in the open sea ; only, however,
to iiiid their vessels seized, their property coidiscated, and their ventures completely
ruined.
It is lespeclfnliy suVmiitted that this condition of all'airs is in the liifjfhest dejjree
detrimental lo tln^ interests of Canada, and should not he ])erinitted to continue.
For nearly two y(fars Canadian vessels have heen exposed to arhitrary seizure ami
conliscation in the jmrsuit of a lawful occupation njion the hl^h seas, and C.uiadian
citizens suhjected to imprisonment ami serious financial loss, while an im|)ortant and
rcniiinerative Canadian imliistrv has heen threatened with ahsoliite ruin. Thi.s
SKAL KISHKinKS IN HKHINO SKA.
Gl
cuiirst' ol'iictidii liiiH lifcii iiiirsiu'd li.v I'liitt d Slates olliccrs in omn'sitioii to tin* con-
tent ion in I he iiiist of tlieir (ioveiiin;ent in HMani to tlie \viit<Ts in \\ liii ii these seizures
iiave taken jiiaee, in violation of t lie phiinesi dielatesof international law and in
t he (aee of repeated and \ i^^oroiis jiiotests of hoth the Canadian and lit ilisli (iovern-
ineiits.
The niinister advistH that Her Majest,\ 's (iovei nnient he a<;aiii asl\ed to j^ive itH
sei ions ami ininiediafe at tent ion to the ie|.eated reinonst ranees of I lie Canadian ;.m)v-
einnient against the nnwarrantahle action of llie I'nited Stales in respect loCaiiadian
Mssels in Jitdniii^ Sea, with a view to <iiitain a s]iced\ lecogiiitioii ol iis just ri^litH
and full ri')iaration for the hisses siislaiind \>\ 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 dischar<j;e all vessels now held under such .seizure and release all persons tliiit niiiy
he under arrest in connection therewith.
A. II. {iAUI.AXD,
.Ittoriicii-di iicral.
[Incl >sure 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 1<KRI\(J SKA.
(Ilirli)Miiitf 5.]
Mr. Hamlin '" -^f'- /'"*'"'•
CtsTuM-Hoisi:,
I'icloria, Stplnnhir 1, 1H87.
Sii:: Oil tlic "111 (if Aiif^iiHt llic maslcr of flu* I'liitcMl Sfiitcs rcvciiiu' ciitltT yi'«»*/(,
firi/cd ill licliiiiij^ St'ii, till miles from any land, tlif Caiiailiaii hcIiooikt .llfrfii Adamn.
Wi'.Y ic;;istt'r, clearance, f;iin.s, anil amnin nit ion, and t lie sea I -skins she had tiiken, 1,;!HG,
were all takr'ii from lier and tint vessid lierself oi'di'ied to Sitka. No ont* from tlie
reveiiiie-ciitter wan jmt on lioard liy C'lplaiii Sliepard, anil tlii! master of the .ll/rcil
.tddiiiK, instead of t^oiiij^ as lie, wjis •irdered to Sitka, reliinied to \'ietoria, .'iiiivin;;
here Aii;;nst :!l. I forwarded the master's de|iosilioii lietore a notary piihlic and
what Captain Shejiard is jdeased to term Ji certilicate of the schooners' seizure hy
liimself. Mr. 1 >iake, 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. en<iaiied in the hnsiiiess of catchiii;; seals. On t he (ith of Any;nst, V-irtT. while
on lioaid the said schooner aiiil in command of the same, heinj;' in latitiido ri4^ 4"-'
north, and lonjritnde Iti/ '111' west, the United St.'ites reveniie-cntter llicliard Hiixh
steamed aloiijfside, lowered a boat commanded liy the lirst lieutenant and boat's crew.
'J'he said lieiiieiianr came on board the said Alfnd Adnmx and ordered mo to take the
ship's ie;iislcr, lo;i-book, arl icles, and all others of the ship's papers on board the
Jlichiird liKth. In obediriice to his comniiind, I took all said pajicrs ;ind acconi]ianied
the said lieutenant on board the llitsh. When I arrived on board the Rnnh the cap-
tain III the /i'i(v/i asked me what was my business in the IJehrinj; Sea. I replied, takiiii;
seals. He ini|niied how many skins I had ; I rejilied, l,'.!H(i. He then said he would
seize tiie shiji, take the skins, arms, animnnition and spears. I stated I did not think
the ship was liiible to seizure, as we hiid never taken a seal within (ill miles of Oona-
laska imr nearer St. I'anl's than (iO miles south of il, and that we liiid never been
iiotilii'il lliiil ihe waters were prohiliited unless landing and takini;' them from the
isl.'inil of .*>t. 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<iardin<; the seizure of the AJfrtd Adiim^, we have to state that tli:il schooner has
.•iirived here safely. The deid.-irations of her captain ((.'aptaiii l)yei) and his men
iia\e been duly taken, which her owners, Messrs. (lUttman and I'laiik, of this cit>.
\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
<tr nilc 10 of tiic practice in adiiiiraU.N, as ])i-('S(!ribcd by the Snpiemo
('oiiit ill tiic collection of its iiiles published 1.SS7, i)a;;e <».">. 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«'<l with on the Knhjcct, and that he has referred to his (lovernnu'iit
lor instnuM ions, lint in nialvin;^ t iiis eoininnnit aiion tit you I am in-
struirted to state that t Ids action on the part of Her Majesty's (lovern men t
ninst not be tal<en as an admission of the ri;;htsof jniisdiction in iiehrin;;
.Sea exei'cised tln're by the United Stales authorities dnriny llie fishinj;:
seasons of l.SS)i-'S7 ami ISST-'.SS, nor as alfeetin^j tin' (claims which Her
Majest\'s (loveinmeiit will ha\f t(» present on acei niit of the wronj^fiil
seizures which ha\e taken place ot ilrilish vessels enj-a^icd in the seal-
tishinj; industry.
I have, etc.,
li. S. Sackvii-i.k W kst.
•! V
Xo. ;!i.
Mr. JUt>i<iri1 to sir /.. S. Siirl,-rille West.
Dl'.l'ARTMKN'l' OK Sl'ATK,
Wf.sliinf/ton, MarcU'AiK \Xf^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 a<lniission ol the jurisdiction of
the Tnited States oxer lU'lirint; Sea, nor as alfectin;,' the claims which
Her Majesty's (iovernnu'iit will have to jtresiMit on account of the seiz-
ure of certain I'.ritish vessels in those waters.
I ha\'e. etc..
T. F. r.AVAiii).
'!#
No. 35.
Sir L. S, Sarkville West to Mr. Bayard.
Washington, Aiml 2, 1888. (Ileceivetl April .J.)
Sii{ : I hav(^ the honor to inform you that the Marquis of Salisbury
has received intiimition from the Camulian (lov<M-nment to the effect
that orders have been issued by tln^ United States (lovernment for the
capture of llritish ships tishinjr in Behrin^ Sea, and that helms tele-
graphed to me to represent earnestly t he extrenui importance of emil)lin<,!;
Her Majesty's (lovernment to contradict this rumor.
1 have, etc.,
L. S. Sackville West.
Xo. 3G.
Sir L. S. SavJa-ille West to Mr. Bayard.
[Xote vetbnle. I
Her Majesty's (lovernmenc have just received tl»e particulars of the
claims for compensation on account of liritish sealers seized and warned
olf by the T'nited States authorities in Behrin<j Sea.
S. Ex, lOG 5
66
SKAL FISIIKKIKS IX HKK'ING SKA.
A jufit assc«suM'iit of tliesc claims a|>iieais 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}/(tr<i to Sir L. S. Sachrillc West.
I Xdlf ViTbalr.)
Department of Statk,
Wn.shi)igt(>n, 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, in<leed, that i)ermission h::s actually been {jiven to
the owners of these vessids to !»ond them, jiendiny ap]>eal, 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 in<iuiry contained in your
noteof thel'.Jth instant, relating to the JJritish vessels seized in Hehring's
Sea, I should be glad to have an interview with yon this afternoon at
;» o'(!lock, should that hour be convenient for yon to come to the J)e-
partment.
I am, etc.,
T. V. lUVARD.
'I -
No. n.
Mr. Bayard to Sir L. S. Saclrille M'cst.
DKI'Ain'MKNT OF STATE,
Washitujlon, May 28, 1888,
Sir : 1 liave the lionor to a<;knowled;.'t' your notes of the .'JOtli ultimo
and 2r)th instant, both relating to the ;tpi>eals 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 <lii)l()n>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 <lecrees
of condentnation can be reviewed.
Very respectfully,
A. 11. (Jarland.
No. 4(i.
kSir L. S. ^Sackrillr We,st to Mr. Bayard.
]Jeveri,v, :Mas,s., Aiiyust <;, 18,S8. (Received Au},Mist 8.)
Sir: 1 have the honor to inform you that Iler Majesty's Government
have received intelligence to the effect that four i>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 con<leinned for
violation of the I'nited States Statntes rej^alatinjj ti»e killiny' of fni-
seal.
Althonjih the rijjht of statntory ai)peal may have been lost by lai)ae
of time, yet I sni)i)ose that the proceediiifjs in execntion of tiie decree
are witliin the (lis(!retionary control of your De|)artment, and nnless
the delay iiske«l for siionld cause irreparable loss, I hope you nuiy tind
the i)o\ver and disposition to {jfrant it.
Will yon acijuaint me with your decision, ami in case you have or-
dered a stay in the proceedings, to so inform me, tliat I can conununi-
cate it to the British nunister.'
Very respectfully, yours,
T. I'. Bavaui).
No. JS.
.1//-. Bayard to Sir L. S. SarkvUle West.
Department of State,
Wanhhi(/f(>n, 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<tr<l.
DEI'Ain'MENT OF .It'STlCF,
Waxliiuoton, Auf/usf 10, 1SS8. (I!e<'eived Au;iust l.'J.)
Sir : I have the hoinu* to a<*kno\\led<;e receipt of your letter of Aug-
ust 8, with its inclosure from the r»ritisii minister, and to inform you
that in pursuanc«! of the refjuest tl^Tein conveyed I have «lirected by
telegram and letter the postponement of the sale ol the four British
vessels seized in I'ehring Sea, and instructed the l;nite<l States marshal
in charge to receive bomls in lieu of the vessels.
Very respectfully,
(}. A. Jenks,
Actiiuj AttorneyOencral.
SKAL FISHERIES IN BERING SEA. 71
No. no.
Mr. Bayard to Sir L. S. Sackville West.
Department of State,
Washhuiton^ Angunt !.'>, 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>ehrin<j Seii last year, I have now
the honor to state that 1 have Just received a letter from the Aetinj,'
Attorney-deneral, inforniiiiij uio that, in jjursuanee of the request ho
made, ln' has directed by telej;ram and letter the iiostponement of the
sale of the vessels in (luestion and has also instructed the United States
marshal in eharj^e to receive Itonds in lieu of the vessels.
Accept, etc.,
T. F. I; A YARD.
No. 51.
Sir /.. S. Sackville West to Mr. Ilayard.
Beverly, Mass., Augmt 10, 1888. (Received Aujjust 21.)
Sir: I have the honor toaeknowied^ro the receipt of your note of the
l.'ith instant, informin;i'; me that in i)nrsuance of the nMpu'st of the Mar-
quis of Salisbury, made throuj>h me, the Actin«; Attorney-General has
<lirected by tele<;rai.i and letter the postponement of the sale of the
vessels in (luestion, and has also instructed the L'nited States marshal
in charjje to receive bonds in lieu of the vessels.
I have, etc.,
L. S. Sackville West.
No. 51'.
Mr. '/cnls to Mr. Bai/ard.
Department ov Justice,
WasJtiiuifoii, September .'J, 1888. (Received September 4.)
Sir: I have the honor to send you co|»ies of letters of the -.!d and
25th ultimo from .Mr. .\tkins, United States marshal tor the district of
Alaska, and to ask for an expression of your views upon the propriety
of an immediate sale of the vessels mentioned by the marsnal on coii-
si<leiation of the statements he makes in relation to them.
Vvvy respectfully,
(1. A. JemvS,
Acting Attoriieij-tioicral.
niicldsiirc No, 1.)
Mr. Alkiiin to Mr, (Inrlatul.
DisTKUT OP VVasu\notov TiatitiTouY
OFI'ICK ok TIIK UnITKI) SlATHS MAUSMAr,,
Sitttlle, /('««/(., ,(«;;«», '2:1, IS-^.-^,
Sill: In rofiTciKM' to tlio four cnudpinncd nritiHh vcssfls now in mv ciistofiv, I have
tho honor to n'i»(irt :
That the owner of the schooners .lima Ikvk, Grace, anil Dolptiin chiiuis tliat the ap-
72
SKAL FISIIEHIES IN BKKIN(! SKA.
praisciiiont iiiiHlc at Sitka (iii(> 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 .i<l(i is owned and re^fistercd at Shan^liai, Cliiini, and hei' owiu-r, who-
ever he may he, has not as yet madt^ claim or appear.ance.
In the meantime the vessels are remote from my tlistrict, thus f;reat!y increasing
the responsihilily of their safe custody, and the expense t hereof const iint iy iiu'reiising.
I desiri- io lie instrui ted, in ease vessels ;ire not soon solil oi' lionded, what fnrthcr
action to take in reference to returning to my district and leaving the vessels in charge
of IV Hjiccial ilcjiuty.
\'ery respect In 1 1.\.
HAitTo.N Atkins,
r lilted Staii'H Mnmhiil.
I Iiulosuio Xo. iM
Ml. AilitiK ill Mr. diirlanti.
DisrificT or Alaska,
oi'iKi; «)i' I'Mri;!! Statis Maksiiai,,
I'ortliinil, Oriijoii, .tiii/ust 'J.'), IHHW.
Sii;: In view of the pri'sent situation relative to tli;i ISritish vessels in my custody,
now moored at I'ort 'i'ownsend, W. 'I'.. I beg leave to state as follows:
'I'hat all of said vessels, owing to tiie 'engtli of time thev have been out of coiunus-
Nion, are in a dilapidated condition, ami that their depreciation in value is coiistiiut
and ra]iid.
That they are small in size, the coniliined tonnage of the four being (Mily '241) tons.
That the owner of the iiniii link, (IriKr, and l)iili>liiii, 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 .*<u lenie Court or uuiking a Jourm-y to Sitka for
that purpose.
'I'hat if longer held in custody they will havi> to lie removed from Tort Townsend
to som«< jdaee secure fr<im I In- fail and winter winds for permanent nmorings. All of
which will he atteixied by much greater expense comparalividy than has heretofore
been re(|uire(l for tln'ir safe eustoily .
I do luil hesitat«> 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<! a])pear as attorney. If tht^ parties
4ippear here, howi^ver, I will try and help them iiiak« ii record as desired,
liespect fully,
Whit. M. fJuANT,
lHnlrkt Altnrni'it.
'So.
ti.i.
Mr. lUnjard to Sir I.. »V. Saclwille West.
Dki'.^rtaiknt Of Statk,
Washington, Scptcmher '21, ISSS.
Sir: Jlcctirriiifj to the snliji'ct oFtlii' four IJritisli vesscl.s con(l«Mniio(l
for tak ill}; skills illi(!itly in IJrliriii};- S«'ii in 1887, I liave the honor to in-
form yon that 1 have recH'ived from the At^tin^' Attorney-deneral a hot-
ter dati'il the IMMh iii.staiit, iiich».sii|o; eopie.^ of h'tters from tlie iMiited
iState.s iittorney for Ahi.ska and llie I'nited States maishal for \Va.sh-
ington Territory of the 7th and lotli in.stants, respectively, in relation to
the same matter.
The four ve.s.sels, the stjjiooners (trace, Doljthin, Anna lleek, and Ada,
have l)een transferred hy tlie United States marslial for Alaska to the
custody of the United States marshal for Washiiioton Territory, and
are now at J'ort Townseml, subject to instructions from the Depart-
ment of -Instice toiichiiiu their sale or otlu'r <lisposition.
Tiie Department is iiiformecl that none of the ves.sels have been
bonded, and that the owners of thre»! of them have refn.sed to t ik(i that
stei>,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
<liiiiinish, and the expenses incident to their retention by the marshal
itre necessarily accriiinj;'.
Thes(> 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 <daiins arc ''lid or liond lor co.st.s j^ivt-n. 'I'lif cases were snlnniltcd on tlic
a<;reemcnt sij^ncd l)y Mr. I>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 ('ana<la, and to inform you that thoMar-
(|uis of Salisbury has instructed me to ask that tlu' United States au-
thorities may \h-, mov«'d to authorize the re-ai)praisement()f the schoon-
ers (irave and holjihin, and that instructi(»ns may be aiven in the cas«'
of tln'/Aiina licclc that the projxjsed bonds of the owner may be ac(!epted
sultject to a linal settlement of the (piestion.
I have, etc.,
Sackvu.LK.
IIiu'loHiiro. I
Estravl from a MiiniU <»/ llu I'rinj Coiiinil of I'oiKtdu, dated Svplaiihir IIO, lHfi8.
'I'lic iniiiistcr ot'initiiiif iiiiil lislierieH (iliscivcs tliat cDpics of llic corrpsiKHKloiicK
iftViifd to ciiiitirin the iiitiiiiation coiivcvcd liv the aliovc ti'Ifj^iaiii tliat an onltT I'nr
tlif jKistiMHiciiit'iit «il' tlif salt' aixl iicnriitl in;; llic iHtntliii;; (if llu'sr vessels at the
value alieatly ajjiiraised, had been inaile li\ t lie I )ej)arl riieiit of .Just ice at WuHhiiiKttMi,
ill einii|iliaiiii' with the n(|iiesl of Lord Salisliiny.
.Siilise<|iient to the receipt id' this order, the I'liited States iiiaishal at Seattle,
Wash., inroiiiied the Attoriiey-(ieiieiai tor tlie liiited Stales that the owners of
the schooners .lima lU'<k, (intcf, and Ihljiliiii elaiined tlial not only was the ap|ii'ai8e-
iiient made at Sitka Ji year jtrevioiisly , excessive hiil that thii value id' the vessids on
atu'diint of the iiicleineiit climate at Alaska had in the mean time heeii constantly
depreciating;, and t hey t hendore declined to hoiid them, with tluM'\c( ption (d" f he
.lima /.'<'(7,,at siudi ;ip]iraiseinent, Itnt rci|iiested anew appraisement, and state*! that
if a. new ai>piaisemenl w as not allowed t he owner desire<l the sale slum hi proceed.
It fiirlher uppiMi'H from thtt same coinmnnic.'ition, that in tlit* case <d° one of the
vessels, I he ./()//(( Htcli, the owner is will iiii; to furnish satisfactory bonds, at llie v.-ilne,
already ;ippiais:'d, if (his can he done, siiliject to a tinal settlement of the malt;-r. and
without necessitating; an ajipeal to liie Supreme Court of the I'nited Slates.
The minister further ( disc rves that, loiichiiif; r he <| nest ion of excessive aiipiaisenient,
tlie United Status marshal states as lollows: "Ilaviiif; mysidf a |iraclical knowled<;e
of tliu value ol' Hiich |>rop(>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
<l;it('tli«* ll'tli iiistaiil. on tlu' sniiH' siiltjcrt ; iind slmll Uc <x]:n\ touMM'ivr
an cNpn'ssion of ,\oiir vi»>\vs on the ;iiiiin;;t'nn'nt proposed h_\ tin- Hrit-
jsli (iovj'inuK'nf HI rci^iiid to tin* (li.sp<i.sition ol' llu* vessels.
I Inivi'. ett'..
(I. I,. K'lVKS.
No. .".!».
Mr. a aria ml to Mr. Jiayanl.
nKI'AKT.MKM oF ,h STK'K.
Wanliinfitnii^ (fctohir L'U, l.S.ss. ( L'eecived ( )etolier L'L'.)
Siu: Ily V'lir coinnitiiiiention of tlu' ITtli of Oetohcr, ISSS. vou re
hiu: iiy V'lir coinnitiinennon or \uv i<rn ot tieiooer, i^.^«. vou re
tpiest '-an expiossion of my views on tlu' arranjrement jn'oiiosed l)y llie
llrilisli (lovernineiit in ic^ai'd to f lie dispo>;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(d<no\vl-
edj:e the receipt of your letter of the -(Uh instant on the suWJet-t, and
78
8KAL riSllKHIIlH IN IIKKING SEA.
to say in icjdy tliat, iit.<l«'r \\w circmiistJiiM'cs, tlu» wiser couise for all
<u)iic«*MM'il is to let llm sal*' rakr i>lac't' at oner, as <lt'la\ is iiii|»racti<*al)h'
ami can only li(> |)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 <'har<?e of the four llrijsh vessels now lyiii<j: at Port Town-
sen«l. Wash., has i>een directed to take steps lor their spe<Mly sale, and
to say in reply that the Department will be j,'la(l to be informed of what
may be done by that olliccr uniler the order in (piestion.
1 have, etc.,
T. F. Bavaud.
No. (;.{.
Mr. Herbert to Mr. liivjnrd.
WASiiiNfJToN, Xorember 23, ISSS. (Keceived Novendter 2.'{.)
Sill: With relerenct' to your not<' of September 27 last, respectinj;
the sale of four British xcssels condemned for taking seals illicitly in
Behrinj,' Sea, in ISST, I have the honor to slate that I iiave this day
instructicMisfrom the Mar(piis of Salisbury to inlorm.Nou that tiu* owners
of tlu' Ada do not object to the orijiinal ppraisement.
1 have, etc.
Aimnif IlKRllKKT,
I'or M. II. llKi{in:i{T.
SKAI. nsiiKiMKs i\ in;inN(i ska.
70
No. (j4.
Mr. Jitn/dnl tn Mr. (hitlond.
Dkpaktmkn r of Statk,
WdHliiiHjtou^ yonnihvr -7, 1.SS8.
Sill: lirfcniiif.' lo tlic Icttor ol" voiii- I)('|taitMi»'iit of Sriitt'iiihcr LMl
la.sf, rcsjit'cliii;; llit' siilr (.f loiii' liiilisli vessels ('oiMlciiim'tl lor tiiUiny;
seals illieitly in lU'liiiii;; Sta, in 1.S.S7, I liav«' tlie Iioimh- to iiutlos*' a
<!oi>.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 <!all your attention to tln^ fact that up to the
present no answer has been received, and to be;^ the favor of an early
reply.
I have, ct<!.,
AllTin U IlKKJfKUT,
For M. 11. IlKUHKKT.
No. (m.
Mr. l!iti;<n(l to Mr. Herbert.
J)K1'AI{TMENT OF StATK.
\\i(Nliiiujtoii, Jkrcinhtr 10, KSSS.
Sill : I have the honor to acknowledjire the leceipt of your note of tlio
5lli instant, in which you call attention totln^ note of Jiord Sackville of
the llith of Octidx'i- last, in relation to the reapijraisement of three of
• Soe mipni, No. f)?.
80
SKAL FI.SMKRIHS IN HKIilNO SKA.
tlu' lour ISiilisIi scIiooihm.s sei/AMl and (joimIciimmmI loi iliicitly takiii;^: seals
ill Belli in;; Sea in ISST.
Tlio note reCened to was at once coniiminicated to the Departiiient of
.Tnsti(;e, with a i'e(|in'st loc an opinion upon the (pnstion oC reappraise-
MMMil. Some tinii' pievionslv, upon the reipiest of the Maifjnis ol' Salis-
bury, the sale of tlu^ schooners had been stayed by this (loverr.nu'ur. in
order t hat full opportunity ini;;ht be niven to their owiu'is to make some
arran^^euient wheiJ'by t hey mi;ilit beeo'ue repossessed of the v«'ssels.
On the 11th of Oetoiiei', the day |)re(;ediu;ir the date; of th«' note of liOi'd
Saekville, abov«» referred to, the Attcn'ueydeneial wrote to this Depart-
UM'nt a, letter, copy ot' which is inclosed, in which he intimated an o})inion
that till' interests of both the I'niteil Stales and of the claimants would
be liest subserved by a spi'cdy s;ile of the vessels. iJy this letter it ap-
])ears that, although the schooners had lon^ since been <'ondemned, no
claims had been lileil by their owners, ami no bonils ,<;iven for costs,
Nevei thelcss, the hepartnu-nt auain <'onsulte(l the Department of .lus-
tice in're;;ard to the proposition containetl in the note under date of
the r_Mh of October. Under date of the L'iJth ;.f October last a r<'ply
fi'(»m the Afforney (letu'ral was r.'cei\ed, copy of which is inclosed. To
this i made answei-oii the L'Tth of ()clol>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 <d' the \es-
sels at l*«Ml Townsend, Wash., to take the necessary steps to etfect a
sale of the lour vessels as speedily as possd)le. Siiu-e that time no cor-
i-espondence (»!• the subject has taken place with tln^ Deparlmenr of
flustice, except a. nMpu-st fiom this i department on the 17th ultimo that
it ini;;lit be infanneil of the pro(!eedin;js of tlui maishal under the order
above stated. When a resp(uis«> 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<ue induced to make the report inasmu(di as my No. ."iTl.
of Oc,t(d)er s last, upon the same subject, the .std/ure oH" Copper IslantI
on .lul> 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<liiij;s, and lias Irft with nie for ])orii.sjiI all paiH-rs in liis possession
conceiniiij;' tlie case, heinj,^ Ictteis — one Ironi the .Mar(|iiisot" Salislmry —
(topics of teieyrains, dnifiiani showiiif,' the jjosition of the Aruuuah with
icfeienee to('opj»er Ishind, at tiie inonient. of sfi/iiic, (Mip.v M^i treaty
of .Marcli .")(>, 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 :iiiiiimiiic<mI
("roiii till' iiiji.sttT of till' .Iruumili, 1 liavr .sulnuilti'il tlii' wiiolc ca.sc to a carrt'iil I'saiii-
ination willi a view ol'laviii;.; It hclnri' tin- liii.s.siaii (ioviTiiiiiriit.
.\ti!f|-i in inailo l>y Mr. Slew ar<l of I lie .slati'inriif o!' ( Irnlnirtzky that In- would liavtr
M'l/nl 111*' ,(rrt«Hf(/i li;wl mIic Ixtii (illiii out w it li apiiaiiit ii?* I'or .si'al-i'atcliiii;; aii> \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<- .«<!iii> the <a.s(> 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 iin<l .si>a!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<i' to t.otr tlic i-xact woiils of tliis
( t'liilii'ati', 'aIiu'Ii docs not sla.rc that Ik- couliscatcd the schooinr lor hiimj within
cuHiouis iinii'. Iiul tor .soal-luvMinv; ' within tin- cnstoms liiuil oi' Mcilay (Sled way)
iHlaud.
The conversation hctwciMi Sicwaid aii<' ''ajdain tironliciy, of which an alUdavit i.s
•;ivcn in Mr. Sii'ward's letter of" Oclidii-r \f. flirnws noli/ht ii|ion the .subject, liccanso
all that ('aptain (Ironhcij^ voiichsat'cs to .say is that rhc sidHiciicr was "ahoiit ca.st
hysoiilhand a half soiitli distant :i miles I'roin t^c sfiitthcast (loint of tlit- island,"
winch iiii>{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 <aii<i«'H and not the scliooner
wciT within t he liniils.
> • ' • 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<li of Aiiniisl ;•, \^'*>, 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(\raii<liv II, llyin;; at peak tlie Rn.'-Hiaii iiiciidiant enNi;.ni and at ninin-
to]i a j^recii IIji;; wiili w'iie ei'o.sH. \\ lien ne;ii, tl:e Nchooner w .is hailed, and I.
the master, \\;is ii-kcd to ednie alioiird siciiiniT, wliicli 1 diii ; wlicn on sieamer'n
deck I \\;i.s inroinied by ,Mf, (Iroliiii l/.ky t li;i! he would (■onliseale the Nihooner •or
liein}; wjtliin the limit. 'I his I denied. Init was im^wt'icd lh:it the lionndai'v fan
iVoni Ciiiic l.:i|iiitka to the Island ol' .\lton. and that 1 eoiild iniitesl a;,'iniif-l the sci/,-
urc to the am hoiiiics at Vladivostoek, ivlicre the ense svonid lie forw ardeil. Ah the
otlieer |ii'odiu-ed no iloeniiieulaiy evidence <>f 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 <d' schooner were
then ni.'ide prisoners and triinsCerred ;iho;iid sieamcr .l/c.l■((»(^^. The schooner w.'is
lowed to the settlement (Jlinka, on ( upper Island, w here the skills, l;i;!, w ere liindcd at
compaii\'s warchoiiM'. Here 1 h:id lo deliver the schoeiici's pjipcis to oiliecr (indiiii-
1 /ky . Iicl'oif doin^so, I demanded .'i iiapcrsliil in;; t he rciison of (■onlisiat ion, which 1 t'oi -
waiil hei'ew it li, :iiid a cnjiy of w liicli I » :is asked lo si en iillcr it ha vin;; liecn t lanshitcd
l(. me hy Mr. .1. M;illcw ,in>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<! for
schooner to have hceii, as alle;;ed, wil hiii :;-mile limit or ;;nnshol limit. As fo tin*
i;t:{ seal skins loiind .•ihoard, I refer to schooner's Hshiiin loj;, now in tlm hands of Im-
perial h'lissian (Government. I also heg to cal) attention to the fact that the st>-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 <if Mr. (ir<diiirtzky a.H to lln' true )iosition of
schooner at time id' seizure I will say ilia! Mr. (tiidmrtzky is no m.-irim-r, and c<inse-
ijiicntly no (Miiiipeleiit .jiidy;e to personally determine the exact position ,if Hchooiier.
Flirt hermore, 1 learned while prisoner ahoard id' .{Ivxnvdir that mither tin- litst nor
Kccoml tdlicer <d" sleaiiier had heen called wpon hy ('a(iiain (Jreeiihnrt;, <d" s|i-amer, to
witness or \erily the heaiine; ami distance <d' schoom r, so that the Jml;;iiient of the
Mchooiicr's aeliial positional t imc ol' seizure is Imt the ;j;iiess-work <d' (he eaplain.
(Irci nhiir;;, of steamer Ah rainU r II, ami of him alone, as ;i i on suit at ion on this .siiioiih
point with his ollicers mi;; lit .have lesiiltcil in pros in;; the schooner heyond t he limilM.
In Miiliiniltine; the ahove facts to your eartdiil consideral ion I he;; that yon will ii.se
esery means in >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<df ; II.
)'. Homie, male; W, .st.indisli, steward; (i. IJranm : V. Poerin;;: the 'J/ili dav ol
Any:UHl, l!*r*y, and forwaideil toyelher with all dtx-iiineiits hy eoiisnl, .Mr, Knshy, to
M. I'eterHhlll''.
Verv,
elc
II. F
Maalvr.
«EAI, 1IS|1|;k-iKS IN |{1:KIN(; ska. 83
[Tiiilc..sii!« .'I III Xo. HM i
Copiex of ltle<jiamH.
iCiiptiiiii Sjrw.iid li. Ui.. Ilritiili .•mlm.HH.v it St. IVi, r«liiii;;.l
,, ,. , N'tADIVOSTOCK, .ttigunt it, IPS'*.
tiiiiuM, iiM|ii (IV iiiud, 1 li'UHi^ ail V t.sc,
SiKWAiin, Master.
lI'i.Mi, IliitiHi. .MiilMSHj, St. Pi.t.THb.ir- A.iaiiHt l.'l, IH^H, f. Si-w,.,.!, Vladivostork )
Voiir t.^lograu. ivonvnl. Strps will I,,- (akm with Irjist .l.,l.-iy po.,Hibl,..
Il'n.iii Sii'w.iiil t«i linliMii oiiib.is'iy, Aii(.'iiil 1,'), \HM.\
tai^ninl^T."M.\?i,i'r''"'''i.V '"'""'."• ''"'*""" '■•"""'' •'"• ^'-''^''^''^l**- AIs.i, all .lonn„..„t.s p.r-
f.imiiiK' t . H.M/iif... I«l,.a.s.< a.lvi«(., it n..c,.ssarv t •..test, lu-n- ; aim. if „tiuT Nt.-im
n-.|.me,l Ii.t.-. Own.Ts nairi.-> 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<l and indiscrimimite killin<^of
seals in many parts of the wtuld has driven them IVom place to place,
i :id, hy lirisikin;; up their habitual resorts, has t;r<'atly rc(luced their
number.
I'mlei- tlu'se cirt'umstaiu'es, and in view of the common interest of all
mitions in jueventiu;; the imliscrimimiti^ destruction antl conscMpient
<-.\<ermination of an annual \\ Inch contributes so importantly to the com-
mercial wealth and jiciieral ust' of nmnkind, you arc hereby instructed
to draw tlie attention of the (loveniment to which you are accredited to
the subject, and to invitt' it to enter inio siu-h an arraii;j;enu'iit with the
(lovtunment of the United State.«< as will prevent the citizens of either
country from uilliny seal lu Uehrin;; Sea ;»t such times and places, iml
by such nu'thods as at present are puisued, ami which threaten the
spee(|y externdmition of iIiom- animal> and (-.•useipient serious loss to
maidvind.
Ihe nnuisters of the I'liited States toCieiuiikny, .<weden and Xoij«» )iy,
Russia, .Ia]>an, and dreat I'.ritaiu h.ive In-eu faeh similarly add!vv«*<s» on
the subject re'crred to in this instruction.
I am, etc.,
'IiU'iitie iiiNtriiotiinii v.t'r« tw-at tiMinr miniiters Id Wi r luitii
KiiMxia, ami Swnlcii ami Norwav.
UitMKt 9rMkt«U'^r:ni,
SKAL risiiEuiKs IN iii;kin<; ska.
85
No. 490. 1
No. 70.
^f^•. McImiw to Mi; llai/nrd.
Leoation oi' TiiK United States,
Paris, Octal er 2-, IS.ST. (Hoccived Novemln'r 11,
Sir: INWt'rriiij; to your Xo. l'")(», of Aiijru.st 1!>, iiistrii('lin«; Mr. Vi<r-
iirnid to draw tlic iittciition of the. Freiicli (Jovcrmiu'iit to tlni ncoossity
of tiikinj; stt'i)s for tli<» bottrr protection of the fiir-st'iil ilslicrii's in Uclir-
iiij; Scii with a view of ohtaiiiiii}^ its <•(» ojx'ration witli tlni Uiiitccl States
in incasnrcs iut«'iidt'd to reach that cikI, I have to state fiiat Mr. IMou-
rens is willinj; to consider favorably any jtrojectof international arran<,'e-
nienr yon may he. disposed to snhniit conce:nin;i; the mattei'.
I inclose herewith a translation of a note received from Mr. I'loniens
which explains his vnnv. The note of September 17, to which he relers,
is simply an acknowledinnient.
I have, etc.,
JiOllERT .M. MchA.NK.
I till liij<;ir«' Willi \ii. mo. — ■rI■;ul^l;lti
Mr, i'loiiri iiH (<t Mr. Mil.unv,
V\M^. (hlob>r-i\, I"
Siir: Mr. \'i:^iiaii<l was i^nott I'liuii^Ii to iiircirm iii'^ <im tln'lJInt «il' Aiii^iist List I'liil
Ili(! l'iiilt'(l Still IS (itivfiMiiii'nt was ili-siroiis nl" ('(iiisiilt iiiii wit li tin* |ii'inripai iiat iuiis
iiitt'i'i'sifil. Willi \\\^\ \ ii'W III' iiuilviiij^ r»^iiliili()iis iu ii'^fanl in llin sfa! lisiicrii'H in
|{vliriii<i Strait,
lictVniiij^ ti> 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<!il
Stall's ami ti> 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 uitend<st to rej;ulale tht>se
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 <!ountry.
.1 am, i-tc.,
T. !•'. r.AVAlll).
(;khmaxv
N
O. (.i.
Mr. Coleman to Mr. luiyard.
No. 498.) Lkcai'ion of 'ihh IJnitki) Statk.s,
lierlin, tScjitcmhcr 1, 1SS7. (Received September 17.)
Siu : I have lh(^ honor to inclo.s(^ lu'r»'wilh a copy of a note 1 have
today addressed to th«' foreijjfu ollice in execution of your instruction
No. L*l<», of tlie I'.Mli iillimo, rel;ttiii;.j to t lu' necessity of meastins bcint;
adopted for the better protection ot the fur seal fisheries in Hehrin;^ Sea.
I li:i\('. «'tc.,
C'liAPMAN Coleman.
[ iiirliiHiiM with M -. ('i)lcMn;in t Nn. I!»s. J
Ui . I nil )it(tii tit I'oinit Villi llirdiiiii.
Nit. :UI. 1 l.i.ii.vrioN III- i\\\: I'mikd Staik.s ok A.Mi'.lticv,
luiliii, Sii>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<nt
• icriirrciH'i'.'s li:n «• diawii I lu' alliMition ot' tlial (i(i\ riiiiiKMil to I lie iii'(;fs.>.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 takin<r, ami u it hont nfi'i'i'mo to an.\ I'Mcpi lonal niaiiiio jniisilici ion tiial
, nii;;lit )iid|MTly Im' claiiMitl (<ir tiiat i ml, it, lias ln'iii ili-oinctl ailviNiiliIo to Ht>fk 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<'!'Nii;tii>>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<<<l to,
and avails hiinsill", f|f.
ClIAfM VS C'l.lKMAN.
(i]{K \'v nirri'AiN.
N.». 71.
Mr. I'lii'lps to Mr. Ihujaril.
>■«». (iis.) Lkoation of thk i:mti;i) Stati..-<,
London, yovemhd' 11', 1.S87. (KofciviMl NfAfiiiltfr L'L'.)
SiK: Keren iii;,Mo \<itir iiistnictioiis iimiibcn'tl tisri, of Au;,'iist WK l-SST,
I liiivi' now to say that owiii;^ to tlie ahseiKH' lidiii l-niidon ot' Ijoitl .Sali.s-
Imry, s('ci»'t;uy of stiiti* for t'oiri;,Mi alVaiis, it has not hctii in my jiower
to olitaiii his attention to tlie suhjeet until yesterthiy.
1 liad then an i'lteiview with iiini, in wiiich 1 piditoscd on tlie part of
ihe (io\ ciiiiiifiit of thei I'nited Siales that hy iniitnal a;,Mieiiieiil nl" the
two (Joverninents ix eotle of re;;nhitions shonhl lie adoptetl for tlie pres-
ervation of the seals in l!ehiinj;Sea fi(»in destnietiun ,it improper times
and hy iiiiprojier means i»y tin' citi/eiis of either eoiintry ; sinh a;;ree-
li.ent to be entirely ii lesjiecl i\e of any questions of eonllielin;,' Jiiri.s-
dietion in t!iose waters.
liis lordsliip promptly ae(piieseed in this prop i>.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<iuieseeiiee in my
pi'ojtosal (»f ;in aj^reenient hetween the I'nited States and (licat llritain
in re;;ard to the adoption of i'oneiirrent re;xidations for tli> 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 <d' food, which is made doubly necessary to enable them to
suckle their ,\<ain;.;' as well as to support a c(Uidition of renewed pte;;-
nancy, w Inch be;,Mns in a week or a little imue after their delivt'ry.
The male seals, or bulls, as I hey arc commonly <'alled, re(puie little
footl wiiileon the islands, where tlu'y r»'inain j;iiardin;;' their harems,
watchiiiy the rookeries, and sustaining; existence on the larj-e amount
of blnbbc! which they ha\ e secreted lu'iieath their skins and which is
jjiadnallN absorbe«l diiiinj;" the live oi' six succcedin^i months.
SKAL I'lSHKlJIKS 1\ HKKIXG SEA.
80
Mou'Dver, it is iiniiossihle to (li.Ntiii;,Miisli the iiiiilr tVoiii tlu' loinaU'
seals ill tlic waUT, or |»n';inii:if I'ciiiaN's from those, tliiit an* not so.
When the animals are killed in the water with lire-arms many sink at
once and are iie\er r»'<'overed, and some ant horilies state that not inort'
than one out of thrt'c ol" those so slan]Ljlitered is ('Vi-r secured. This
may, however, he an overestimate of the iinml»er lost.
it is thus apparent that to permit the destruetitui of the seals l»y tlie
use of lire-arms, nets, or othrr misehievous means in IJi'liriiiir Sea would
lesiilt in the speedy extermination of the raee. 'I'lierti appears to i>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
<piote tlM'iJ'from the followiii;^' pertinent passa>;e :
Tlirio wtTi' Uillfil this year, s<i far, Irmii tu,(ie() to ."n,()i)() ("nr htais, w liiili liavf hrcii
taken l»y scIhiiiiiits IVnm San I'r'aiirisco ami Victoria, 'flii' tirralcr iMiniinT \vci'i«
kilii'd in lli'lirini^ .'^ca, :inil were iifarly ail cows or Icinali' si-mIm, 'I'liis cnornioriH
calcii, Willi till' increase wliicli will taku jtlaccwhen the vessels lit i inj; np evt^y Near
are really, will, I ani alV.Mid, soon ileplete our fiir-Neal lisliery, uimI it is a i;ii at |>ity
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 <lislaiices iViuu the islands in so .short a time that it has heeii cal-
culated that ail ordinary seal oiiid ^'o to the Aleulian Islands and
liack, in all a distiince of ."»()(( i v 100 miles, in Ic.ss i haii t wo da\ s.
l>n the I'lihylolf Islands themseUcs, where the Killiii;,' is al present
under the direction <d' the Alaska Commercial Company, which l»y the
terms of its contract is not permitted to take over 100,000 skins a >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'Xt<Misiv«' rookeries.
At tlic prrsi'Ml time it is cNtiinattMl that out oriinajrKi'''y'it«' .vaily yield
of lsr),0(M» seals from all parts of tlio j^lohe, <»ver iiM),0(tO, oi- iiioie than
tvvotliirils, ale. ohtaiiied troiii the rookeries on the Aieerieaii and Uiis-
sian islands in Itehriii;; Sea. «il' the leniainder, the lar;,MT part are
taken in l>ehiiii;; 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 <d'seal life, upon which he is well known
as an aiithorilv,
(U'sire to call your especial attention to what is sa
id
by .Mr. lOlliott in respect to tin' new iiu'thod of catchin;;' the seals with
nets.
As the subject of this dispatch is one of jjreat importance and of im-
mediate iir;;«'iicv, 1 will ask that you ;;ive it as early altciit:«>ii as possi-
ble.
I
iim. I
tc
T. F. r.AYAWI).
[Iinlo.tino 1 1
/{'ivitir <i/ tilt J'lir-x' til tixhcriii of the iiorld in ls-7.
llV A. HliWAIih Cl.AUK.
Ill till' Knrv('lo|iii'ilia ISi'itiiiiiiira, Mint li iMlition, llio I'lir-.m'iil lislu'iii's iin- (-ri'ilitod
Willi nil illllllllll N'iflll III' l.-r),tMMI sliill
if wilicll lOII.IMIII aro N.'tiil to li<> 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 :<nii arc Chiliiiiis.)
Xiiinhcrof/in-aialHkiiiHjioni jn iih iiial jinhi iii», I'-Tl Id I — T.
|Coiii|iilt'il I'lom olHcinl MourroH liy A. II. Clink. Xo rt'iiirii.s for njiiui's lijuiik |
Year.
( iiiiiiiiiiiii1< r .. ,, , ' /• . .
i>.-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 \vh<ire it formerly abounded," etc.
At tlu! hcginninfj of the jtrtj.sent century there w«!re jjrcat rookerins of fur seal at
Fallcland Islands, at tlie South Shellands, at Masafuera, at South (Jeorj^ia, and at,
many other jda ■sthrou'ihout the Antarctic rcfjion. Tli(>se 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<ie.s 4U0— lt'7 ; in rejiort by H. W. Elliott on
"Seal Islands of Alaska," (>, 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<j full lares. In IS'^O, thirty vessels hastened to the
Islands, and in a lew weeks obtained upwards of yr)O.OflO skins, while thousuids of
seals were killed and lost. In 1821 and lf^22 Weddell" says ":{"i(l,000 skins wen-
taken. » * * The system of extermination was practiced, • * * for wlieii-
«'ver a seal reached the beacib, of whatever denondnation, be was immediately killed
and his skin taken, and by this nieiins, at the end of the second year, the animals
l)eeame nearly extinei ; tie younji haviiiij; lost their mothers when only three or four
<lays old, of (•(Miise died, which at the lowest calculation exceeded 10(1,00(1." In sul)-
scMjnent years, until I'^l.'), thes(> 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,<iO() fur-seal skins Though not
as imiioitant a rookery as some of the; other isljinds. considei-abli^ nuniliers of fur
seals have been taken from South fieorj;ia. Since 1870 s(uue<^ood ctarj^oes of elephant-
seal oil have been taken there.
Fill- seals were abundant at the Trista«i d'Aeunha Islands at tlie boginninfjj of the
<'entiiiy. and because of tiie almost inaccessible caves and rocks to which they resort,
a few Iiave survived, or least as 1. ate as l,"-<7:{ a few were annually taken there.
On the west coast of Africa, fi'om (jai)e of fiood Hope to Iti'-^ st.uth latitude, there
was until 1870 a considerable number of fnr seals of an inferior (piality, but they are
now pr.actically exi.ansted, the few skins nnirketed aseominf; from there bein>^ 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 au<l Sontliern Paeilic Oceans were important seal
tisheries, l)oth for tile fur and ele|)hant seal. At none of tlnjm is any niimt)er of seals
found to-day. The English exploring ship ChaUeiKjer visited Kerguelen Land in
187l{-'7(i, and reports:
• VVcdtleU's Voyages, p. 130, quoted iu sec. 5, vol.2, quarto report of U. S. F. C.,p. 407.
SEAL ILSIIERIKS IN BEUING SI^A.
93-
thov
allcr
Heal
seals
till in
"Twooi'tlie whaliiifi sciliooiicrs met with iit tlie island killed over seventy fur seals
in fiiK! day iiiid iiiiwards of twenty at anutlier, at some sinail islands oil' Howe Islands
tt) The north. It is a ])ity that some discretion is not exercised in killing; the aninnils,
as is don« at St. Paul I-sland, in Hehrin^ .'<ea. in the ciise cd' the northern fnr si-al. Hy
killin;^ tluf younif males and selectin;^ certain animals only tor killin;^ the nnmher of
seals even may he increased ; th(^ sealeis in Keryneien Island kill all they can find."
(i^i e '* Keport of the Si-ientilii' Resnlts of the l^xplorin^ Voyaj^e of II. M. S. ('ItallriKjvr,
I?**;!-''!). Narr;'tive of the (Jrnise, vol I, in two parts, -i . I'uhlish.d hy order of
ii<'r Miijesty's (Jovcunnient, I'^^-'i.'')
In these volumes will iio found sinular rcferenci>s to other seal islands visited hy
the ChulhiKur. In referrinf; to Marion Island the report says:
"The rnthless manner in whi<di fnr and elephant seals were destroyed hy the seal-
inji jiarties in the early i)art of this century has h id the elfeet (d" almost exterminatiuf^
the colon- that used tlieso desolate islands for hrttedint; pur]i<)scH." ( Vcd. I, ]>. 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 th<! ctl'orts of the fishermen to follow the seals
<!veii into IJehring Sea are already a matter of record and need not be repeated here
except to refer to the annual rei^orts of the do[)artment of fisheries of Canada. In
the report for 1886 will be found (on i)agt! 241*) tho names of tho IJritish Columbian
fleet, aggregating 20 vessels manned by 79 sailors and 1580 hunters, and their catch is
giv(!ii at ;W,'J17 skins as compared with III vessels taking 17,700 skins in 188'i. Tho
American vessels in this fleet in 1880 and their catch is given by Mr. Swan in section
5, volumo 2, of the quarto report of IT. g. Fish Commission.
It is not necessary that I refer to tlio condition of the rookeries on tho PrihylotV
Islands. There can he no question conctjrniiig the advisability of regulating the num-
ber of animals to be killed and the selection of such animals as will not interfiM'o with
the breeding of tho s[)ecies. The history td' tho islands at the beginning of the cent-
ury, ■when there was an ii'discriminate slaughter of fur seals, and the ]ii()tecf ion of
the animals in 1808 and thereafter l>y 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, <a translation of a i)orti(»n of liis report beinK given by Mr Elliott on )iiitccs
109-lir>, 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 <l<i
769
Dolphin
Schooners.
Alfred Adams .
Ada
....do
....do
....do
J. D.Warren
W. W.Dyer..
J. Gaudiii
....do
J. Guteinan . .
J. Boskowitz..
L. A. Hough ..
618
....do ...
Steamer Bear
Steamer Rush
....do
1,378
1,87C
Lottie Fairflold*
•0;-allenger
LilvL
Aniericau
....do
.. do
36
63
25
16
12
26
51
18
70
68
n. B. Jones . .
J. W.Todd...
H. Brown
Ohas. Lutjen .
T. n. Went-
' worth.
James Talten .
J. S. Leo
A. Tulles
0. E. Pvaynor .
J. L. Cathcut.
Aug. 5
July 1
July 25
Aug. 11
Aug. 12
SAug. 12
U"g. 12
Aug. 23
Aug. 5
Aug. 25
Sept. 2
443
G. W. Ladd . . .
151
Jas. LaAin
Chas. Lutjen..
G.W.Lybyjuflt
C J as. Talten )
I J. V. Garvin 5
(J.S.Leo.... ^
) J. D. Griffln )
J. D. Griffin...
....do
....do
...do
195
Kato and Annie
....do
do
304
677
do ....
....do
...do
195
Kmn Jos6
....do
....do
....do
....do
3H9
891
AngoIDolly
AllieT. Alger..
Sylvia llandy . .
Total
G. R. Tingle,
Troas. agent.
Steamer Bear.
— do
178
1,594
L. N. Handy
&. Son.
1,597
11, 969
* Vessel not captured.
Arrii'al of scaHng schooners from Behring Sea in 1887, as far as reported to October 5, 1887
Arrived at-
Port Townsend.
Victoria
Do
Do
Do
Do.
Do
Do.
Do.
Do.
Do.
Do.
Do.
Name cf schooner.
Lottie
Mary Taylor
Pathfinder
Penelope
Black Diamond
Mountain Chief ..
Loltie Fairfield ..
Adel
Favorite
Teresa ,
Triumph
('ity ot .San Diego
Vanderbilt , .
No. of
skins.
700
1,000
2,300
1,500
595
700
2,997
1,350
1,887
1,246
480
1,187
1,300
17, 242
^
Recapitulation, aa reported up to October
lauded, 17,'J42; total, til*, 'ill.
1887: Skins seized, 11,969: skins
SEAT, FISHERIES IN BERING SEA.
fl
,)
477
336
769
61t«
1,370
1,87C
""443
161
195
304
677
I9S
88J>
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
<Bi^
|Itii losure -.]
, Mr. /niiull to Mr. lUtjinrd.
Smhii.-<()Niax iNsmrTioN,
If'axhiiHitDii, I). C, DiTcmher ;>, 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<ls in *'ie autumn of every
yearn)) to the time of its return to thciu in the following spring i; lands nowhere else.
(:i) That it arrives en mtisso upon these isliiuds in June and July aiiJ departs from
them in October and November.
(4) That when leaving the islands in the fall it heads directly for and rapidly jiasscs
out from Heliring Sea into the w aters of the North Pacntic Ocean. Its paths of travel
are bee-lines from the Pribyloff group to and through the numerous passes of the
Aleutian Archipelago; the passes of Ooniumak, Akootan, Oonalga, Oomuak, and the
Four Mountains are most favored by it.
(r>) 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"<I return from its lireedinfi haunts.
Open thesii waters ol l>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-
<h"essed a note to Lord Salisbury, iuclosiuo" for his perusal one of the
printed copies of the instruction, tind requesting an api)ointment for
an early interview on the subject.
1 also sent a note to the Kussian ambassador, and an interview with
him is arranged for the 21st instant.
The whole matter will rt'ccive in.\ immediate and thorough attention
and I hoj)e for a favorable result. Meanwhile I would ask your consid-
eration of the manner in whiiih you would i)ropose to carry out the
regulations of these fisheries that Uiay be agreed upon by the countries
interested. Would not legislation be necessary; and, if so, is there
any hope of obtaining it on the part of Congress '!
1 have, etc.,
E. J. Phelps.
Xo. 78.
Mr. rhi'lps to Mr. Bayard.
[Extract.! ' ■
Xo. G92.J Legation of the United States,
London, February 25, 1888. (Received March G.)
Sir: Eeferriug to your instructions, numbered 782, of February 7,
1888, in reference to the Alasktt seal lislieri(>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.<e ])i'op()sed measures for the protection
of the seals, and has promised to communicate at once with his Govern-
ment in regard to it. 1 have furnished him with copies of instructions
782 for the use of his (jovernment.
] have, etc.,
E. J. Phelps.
No. 79.
Mr. Buyard to Mr. Vhelps.
No. 810,] DKPART3IENT OF STATE,
Wa,shin(/t<m, March 2, 1S8S.
Sir; 1 have to acknowltMlge the re<'eipt of your No. 000, of the 18th
ultimo, in rehition to the Ahiskan seal lishenes, and have jdeasure in
observing the ])ioinptituile with wlii(;h th(^ l>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 require<l is so limited, and the commerce
there carried on so insignificant, that it is scarcely thought necessary
to refer to the slave-trade convention for a precedent, nor is it deemed
necessary that the i)erformance of police duty should be by the naval
vessels of the contracting parties.
In regard to the trial of ott'enders for violation of the proposed reg-
ulations, i)rovision might be made for such trial by handing over the
alleged ott'eiidcr to the ci>urts 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)^' <lispat(!lie.s Nos. 018 and (JIM), and to sul)se<|uent correNpondence,
I liave the lioiior to acquaint ,von tliat 1 called at tlie foreijjfn otlice on
tlie Hitli instant for the purpose of discussinjj with the Manjnis of
Salisbury and M. de Staal, the Russian and)assador, the details of the
l>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 suc<!ess niny be assured in the eftorts of the various
{{overnments interested in the protection of the seals, it seems advisa-
ble to take the loth of October instead of the 1st as the date of the close
season, although, as I am now advised, the 1st of November would be
safer.
The sufjgestion made by Lonl Salisbury that it nniy be necessary to
briii}j other governments than the United States, (rreat Britain, and
Russia into the arranjjeinent has alrea«ly been met by the action of the
Department, as I have heretofore iiUVnnied you. At the same time the
invitation was sent to the British Government to nej^otiate a convention
for seal protection in Behrinj^ Sea, a like invitation was extended to
various other powers, which have without exception returned a favor-
able resimnse.
In order, therefore, that tlie plan nuiy be (larried out, the convention
proposed between the United States, Great Britain, and Kussia should
contain a clause providinj? for the subsecpient adhesion of other powers.
In regard to the suggestion of the Russian ambassador that the con-
vention be made to cover the question ol the sale of tire-arms and
liquor to the natives on the coasts in question, 1 am compelled to think,
while in favor of restricting or prohibiting such sale, that it would be
advisable to regulate the subject separately from the protection of tfce
seals. It is possible that some govern?nents might readily assent to
the latter object, while indisi)osed to accede to the former, and in that
way lead to the defeat of the end tirst proposed by this Government.
I am, etc.,
T. F. Bayard.
No. 86.
Mr. White to Mr. Bayard.
No. 767.]
Legation of the United States,
London, June 0, 1888. (Received June 16.)
Sib: With reference to your instructions numbered 864, of May 1,
and to previous correspondence, I have the honor to inclose herewith,
for your information, a copy of Sir James Fergusson's reply to a ques-
tion asked by Mr. Gourley in the House of Commons on the 4th instant,
from which you will observe that the Canadian Government Jiave cau-
tioned persons engaged in sealing expeditions in Behring Sea against
using force in the event of their being interfered with by our officers.
I have etc.,
Henry White.
102
SEAL FI8HEUIES IN BERING SEA.
, llnclomire with No. 707.)
HEAL FIHIIKKT IN IIKIIKINO »,iA,
[Extract front The Times, Tiiumlaj', Juue 5, 1H88.1
In answer to Mr. Gonrloy, Sir J. I'Vr^iiHHon miid : I uiu informed tliat thn govern-
ment of tlin Dominion liavo cantionod porNonn fn^a^rod in noalini; t^xpuditionH in the
Behriny Hc'u fioni iiHiiifi force in tliot«v»'nt i)f tlusir Imiiij,' intorforod with l»y tliolJnit«>d
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<mrl*> 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« <l('iiailuni of
the war Nliip dolphin and tliri'») otlit'r ariMi'<l v»'hh(1.s to llii" Hdirin;; St-a, witli iiisMiic-
tioiiH to Hoizo IJiitish or ollmr vcsscIh fiiy;aj;(Ml in Nt'al llnliinj; in tiio.so watt>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<an laww ; and wlietlu-r anv
of tiio vi^hwoIn H»'iz(«l for alifjjjcd iJh'^jal li.sliin;; in ISH); mid 1-<H7 had hron, aH iiroini.sed,
roloaNed.
Sir J. Fkikuj.sson. In bo far as Hor Ma.ji'Ht.v'H (Jovormncnt aro awaroiio Huch an-
iioiinceincni haH bunii niad*^ by tiir I'nili-d Stales (iovi^rnnnwit, nor has any Hritinh
Hhijt of war bt^cn ordered to Htdirin;; Sea. Order.s iiave lieeii j{iven by tht> 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<l in the trade. They are now rarely seen
oft' the Newfoundland coast, or even in Hudson Straits, where .at one time they
abounded in great numbers. The tise of fire-arms, which led to the complete extir-
Sation of the bufl'alo, is now at work in the whale fishery, and, according to Dr.
ell's evidence, it is only a question of time when some of the species will become
SEAL FISHERIES IN BERING SEA.
105
r
totally extinct. On beiiijr asked to sujjck*'''^ some ineaiiH by which the extermination
of the whales niij^ht be jnevented, Dr. Bell s.iid:
" I think chargiiijj a high license to permit wliaiiiig — either charge it on the num-
ber of whales killed, the (|naiitity of oil ol)taiiied, or so much a vessel — would de-
crease it. The Russian Government, I nnderstaini, claim jurisdiction over the whale
fisheries of the White Sea, which is quite open as compared with Hudson Hay, Boothia
Bay, and many of our large bays. They <diarge something like £'M0 a season for a
permit for a vessel to kill whales, and if the whalers do not ])ay it they are driven out
of those waters. Now, if the Russian (Jovernment can claim control over the whale
fisheries of the White Sea,- surely we can control Hudson Bay and Boothia Bay; and
if the Americans can capture our sealers in Behring Sea, surely we can capture Amer-
ican whalers found in Hudson Bay and Boothia Bay."
JAPAN.
No. 91.
Mr. Hubbard to Mr. Bayard.
No. 387.] United States Legation,
ToMo, Japan, September 28, 1887. (Ke<;eive(l October 24.)
Sir: I have the honor to inform the Department of State that I have
submittetl to the Japanese minister for foreign affairs the substance of
your instruction No. 153, in relation to talvinj^ steps for the better pro-
tection of the fur seal fisheries in Behrinj; Sea by international coop-
ersition, waiving; all exceptional measures and exceptional marine juris-
diction that might be proi)erly claimed for that end by the United States.
In invoking the early and earnest consideration of the propositions of
your instruction for the reasons given, and which are alike of practical
commercial interest to Japan as well as to the other friendly powers des-
ignated as having been invited to enter into a similar arrangement with
our Government, I have requested Count Ito to name at his pleasure some
time in the future when we may discuss informally the reasons for and
the terms and conditions of such arrangement for the protection of the
seal-fur fisheries in Behring Sea as will safe guard that large marine
interest against the lawless and indiscriminate slaughter of this animal,
contributing so much to the wealth ajid general welfare of mankind.
Due report will be made to tin Department of State as the negotiations
progress, which I hope and expect will be concluded favorably to all
concerned.
1 have, etc.,
KiCHARD H. Hubbard.
No. 92.
Mr. Htibbard to Mr. Bayard.
[Telegram.]
Legation of the United States,
Tokio, September 29, 1887. (Received September 29.)
Mr. Hubbard acknowledges the receipt of Mr. Bayard's instruction
No. 153, of August 19, 1887, and requests, at the instance of the Japan-
ese Government, (!opies of the Treasury regulations and contracts con-
cerning the seal fisheries, and also a more dettnite statement as to the
nature of the protection which it is desired to extend to those tisheries.
mmtmmmmmKtm
106
SEAL FISHERIES IN BERING SEA.
No. 93.
Mr. Hubbard to Mr. Bayard.
[Extract.]
No. 388.] United States Legation,
ToMo, Japan, September 29, 1887. (Received October 24.)
Sib : Referring to your instruction No. 153 1 have alreadj' had the
houor to iuforni the Department of State that I would seek a persoual
official coufcrence with the minister for foreign affairs on the subject of
the international protection of the fur seal fisheries in Behring Sea.
The Japanese Government is anxious to enter into an arrangement
or convention with the United States Government, invoking similar
arrangement or convention with our Government for the i)rotectiou of
the fur-seal fisheries in the waters of their northern islands.
I expressly called attention to the waiver for this i)urpose, as ex-
pressed in your instruction No. 153, and in my dispatch No. 387, of any
legal rights under former conventions ; that my Government now de-
sired to invite this co-operative protection of friendly powers of their
fur-seal fisheries from wanton destruction without reference to said
former conventions. Nevertheless, the Japanese Government requested
as an especial favor that I would cable the Department of State, in order
to save time, for certain documents mentiouv^d in the subjoined cable-
gram, and for such specifications of said desired arrangement or con-
vention as will be satisfactory and meet the wi.^hes of my Government
in that regard, and which might be reciprocally invoked for the pro-
tection of their own fur-seal fisheries.
I have, etc.,
Richard B. Hubbard.
No. 94.
Mr. Bayard to Mr. Hubbard.
No. 156.]
^7.
Department of State,
WasMngton, September 30, 188^
Sir : The Department is glad to infer from your telegram of the 29th
instant that the Government of Japan has favorably received the prop-
osition of the United States to negotiate for the protection of the seal
fisLeries in Behring Sea.
A memorandum on the subject is now being prepared in refereme to
my suggestions and will be transmitted as soon as it is completed.
I am, etc..
T. F. Bayard.
No. 95.
Mr. Hubbard to Mr. Bayard.
No. 393.] United States Legation,
Tokio, Japan, October 10, 1887. (Received November 2.)
Sir : I have the honor herewith to inclose for the information of the
Department of State, copies, respectively, of my note to Count Ito, and
bis reply thereto, relating to the fur-eeal fisheries in Behring Sea.
SEAL FISHERIES IN BERING SEA.
i07
I am requested to call the attention of my Government respectfully
and especially to the proposeil reciprocal protecticn of the sea otter, and
to enlarge the protected zone so as to embrace the known habitat of
that animal.
1 took occasion to say unofficially to Count Ito ihat I had no hesita-
tion in giving him the hoi)efnl assurance that my Government would
co-oi)erate with his excelk'iicy's Government in the proposal to include
sea-otter as well as fur seal in any reasonable arrangement which would
prevent unregulated and indiscriminate slaughter of this valuable ani-
mal in the waters of Behring Sea as well as on the coasts of Japan and
in their conterminous waters. 1 shall luive the honor to await, in def-
erence to Count Ito's expressed request, your insLructions in response
to the respectful proposition of the Japanese Government before enter-
ing upon any formal negotiations on this subject. On receipt of this
dispatch by the Department of State, 1 have the honor to suggest that
if the repl> 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 justifi<is the l)elief that the
end sought to be obtained can be best secured by means of a co-ojjerative interna-
tional action, and they therefore cordially approveof the suggestion of the honorable
the Secretary of State.
His Im])erial Majesty's Government would be willing to enter into an arrangement
for the purpose indicated, but they would wish, for the reasons assigned by Mr.
Bayard in favor of the protection of the fur seal in Hehring Sea, to extend the principle
of protection to the sea-otter as well as the fur seal, and to enlarge the protected
zone so as to embrace the known habitat of that animal.
I beg that you will bring this proposal to the attention of the Government of the
United States, and I would suggest that this be done in advance of any negotiationaon
the subject.
I avail myself, etc.
Count Ito Hirobumi.
No. 9G.
Mr. Bayard to Mr. Hubbard.
No. 171.]
Department of State,
\yasliinfjton, November 21, 1887.
Sir : 1 iiave to acknowledge the receipt of yoitr disi)atches Nos. 388
and 39.3, dated, respectively, Sei)teniber 20 and October 10, and in reply
to express the satisfaction of this l)ei)artmentat the favorable response
of the Japanese Government to negotiate for the protection of the seal
fisheries in Behring Sea.
The Department hopes to be able, at an early day, to instruct you
further on the subject. At present, o^" ing doubtless to the shoitness
of the time, few replies have been received from foreign governments to
the circular invitation of the United States in this regard. And it is
thought desirable to await for a time further responses, which might
affect the course of the negotiations.
1 am, etc..
T, F. Bayard.
No. 97.
Mr. Hubbard to Mr. Bayard.
No. 483.] United States Legation,
ToJ{io, Japan, Jvnc 23, 1888. (Received July 16.)
Sir : llespectfully referring to the correspondence between the De-
partment of State and this legation, looking to the conclusion of a con-
vention between Japan and the United States and some other powers
for the i)rotection of the fur-seal fisheries in Behring Sea, and tlie pro-
tection of the sea otter, as subsequently suggested by Japan, 1 have
the honor to inform the Department that instruction No. 171, of Novem-
ber 21, 1887, which 1ms heretofore been acknowledged, is the last that
has been received by me from the Department on this subject.
SEAL FISHERIES IN BERING SEA.
109
I desire to inform the Department that the Japanese foreign office lias
in a friendly spirit of in«inir.v asked if 1 could furnish information as to
when njy Government would be ready (as Japan had been ready for
some time past) to resume the consideration of the j)roposed convention.
I have, in reifponse to this inquiry, forwarded to the foreign office a
copy of your said instruction No. 171, tlatetl November 21, 1887, with the
accompanying note, dated June 20, transmitting the same. The Jai)an-
ese minister for foreign atlairs iiasbeen rectMitly advised by the Russian
minister to .lapan that the United States (loveninient and thovse of
Russia and Great Britain had dif cussed, at London, the matter of a sim-
ilar convention for the i)rotecti<)n of the fur-seal fisliei'ies and sea-otter
in Behrmg Sea. lie also(U)mniuni('ated the fact that the Governmentat
St. Petersburg desired to eoiieiude with Japan a convention for tin* mut-
ual i)rotection of the seal and otter within theiiown seas and contigu-
ous waters.
This fact has been the immediate cause of the inquiry subujitted to
me, to which the inclosure herewith is in resjjoiise.
1 have, etc.,
KicHAKU B. Hubbard.
[Inclosure in Ko. 483.]
Mr, liuhbard to Count Okiima.
No. 284.1
I'MTKI) STATKS LkOATION,
Toldo,Jiiiie-M, 1888.
Sir: Kcfcrrinfj to my not*' to liis cxcllt'iicy Coirit llo, dfitftl October (i, 1>87, 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 <!<mvcntion between our respective ij;overiiinentH,
euibraciny all the jioints of discussion on which a commoii and friendly eonciirrcnco
and understandiiifi had been reached anil ol which my Government was advised in
my uispateh<!8 to which the inclosed instruction is in response.
1 avtail myself, etc.,
KlCHAHD 13. HUHUAUD.
No. 98.
Mr. Hubbard to Mr. Bayard.
No. 491.] United States Legation,
ToMo, Japan, July 13, 1888. (Keceived August 8.)
Sir : I have the honor to inclose herewith a copy of a note from the
Japanese minister for foreign all'airs dated July 7, in which 1 am re-
quested to instruct the United States consuls in Japan not to ship Japan-
* See supra, No. 96.
no
SEAL FISHERIES IN BERING SEA.
ese subjects on board American vessels engaged or about to engage in
otter or seal hunting.
The reasons for such a request are set forth in the minister's note.
In conii)liance with Count Oknma's request, 1 have instructed the
United States consul-general at Kanagawa, and through liim the other
consular representatives of the United States in Jai)an, to refrain from
shi[)i)ing any Japanese subjects on any American otter or seal hunting
vessels.
I have the honor to inclose a copy of n)y communication to the United
States consul-general on the subject, and hope that my action in the
])remises will meet the approval of the Department of State.
In order that the Department may more fully understand the imme-
diate causes which have led the Japanese Government to take the
course indicated in regard to the shipment of Japanese subjects on otter
and seal hunting vessels, I beg to submit a brief account of the attack
on the British schooner Nemo, to which Count Okuma refers :
The Nemo is a sithooner of 150 tons, owned antl commaiuled by one
Snow, a British resident of Yokohama, and was manned by Japanese
sailors. The schooner is what is known as an "otter and seal hunter."
On tlie 27th of May last, while the schooner was en route to the
hunting grounds, it was, according to the commander's statement, be-
calmed off Copper Island (Russian territory). Early on the ujorning of
May 27, while the schooner was still becalmed, the commander put oft
in a boat with a crew of six Japanese sailors, accompanied or followed
by two other boats of Japanese sailors. The commander of the Nemo
was the only foreigner in the boats. When about 200 yards from shore,
and after the commander of the Ne^no had discharged his rifle at one or
more otters, his boat was fired upon by an unknown number of men
concealed behind the rocks or a bluft' of the shore, and using, as the
commander of the Nemo supposes, Winchester rifles.
The tiring was kept up with great rapidity, and all of the men in the
boat, including the commander, being wounded, it was with great diffi-
culty that the boat was gotten out of reach of the firing, the commander
and one sailor being the only occupants of the boat who were able to
propel it, and being both wounded, the craft moved very slowly.
When the commaiuler's boat got out of range ol the firing (the second
boat had one man wounded, but the third had not approached within
range of the firing), it was ascertained that one of the Japanese had
been killed outright, and two others afterwards died on the Nemo from
the wounds then received.
The commander was wounded in the hand and in the thigh, but he
and the other Japanese who wen* wounded have, 1 understand, al»out
recovered.
The schooner was brought to Yokoha»na, where an incpiiry into the
aftair was hehl by the British consul, who found that the attack was
unprovoke<l.
I have, etc.,
KiCHABD B. Hubbard.
[lucloBure 1 in No. 491.— Trnnslatioii.)
Count Okuma to Mr, Iluhhard.
DKPAKTMKNT FOK FoKKIGN AKI'AIHS.
Tokio, the dlli da;/, tlicltb mouth, thi '2lnt mar of Miiji.
.SiK : The recent attack at C<)i)iier IhIuikI iipini the British sthoimor AVmo (with the
cireiinistaiiceH and re.snltH of wliicii you are d. nhtieMs laniiliar). eonplcd with tlie
fact that the nuliceused takin{> 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 <lesire to instruct their representative
at London to take pfirt i.i such negotiation,
I thereloie beg leave to )c(inest that you will be so good as to ascertain the truth
of the rejiort and to communicate to me the result of your inrjuiry.
1 avail myself, etc.,
Count Shigknobu Okuma.
I Tiiolosurc 2 in No. 492.]
Mr. Huhhard to Count Okuma.
United States Lkgation,
Tokio, Juhj 12, 1888.
SlK : I have the honor to acknowledge the receipt of your excellency's note No. 25,
of the 7th instant, in which, referring to the subject of the proposed arrangement be-
tween the Governments of the United States and Japan j'ud some other powers, look-
ing to the protection of the fur-seal fisheries in Beliring Sea, your excellency informs
me that ii. has been reported to the lmi)erial Government that the United States min-
ister at London is holding consultation with Ht-r British Majesty's principal secre-
tary for foreign affairs and the diplomatic representatives of some other powers in-
terested, in respect to certain matters bearing upon the subject. Your excellency
further states that if the negotiations ha . e assumed the character of an international
conference, in which the views of the several powers interested may be formally in-
terchanged, the Imperial Government would desire to instruct their representative
at London to take part in sucli negotiations ; and you request me to ascertain the
trnth of the report referred to, and to communicate the result of my inquiry to your
department.
In reply I have the honor to say to your excellency that by the mail leaving for the
United States on or about June 20 I had the honor, as suggested by the verbal and
SEAL FISHKKIES IN BERING SEA. 113
iiiformnl iiwiiiiry "f tlio foroijj;!! ollico, t<» addivss a disnatcli to tlio lioiiorablt' tlH» Sec
rotary of fStiite of my (iovtMiimoiil, riiiiicsiin;; to l«) advised of tlio iJrcHiMit Htatim of
llio lu'gotiations of tlie i»ro[tos('il coiiviMitioii ; and in ]inrMnan(ii of tlic snltjecl I will
liy tilt! next mail It'avin^ for tlni Uiiitt'tl Statcx forward a cujiy of your oxctdlency'M
nott', with tlio re(]iieat tliat my (Jovcriiiin'ut will fiiriiinh iin; with full inforuiaf ion re-
siioctin;? the proj^re.sH of tlut iM'jfotiations.
In this coiiiiectioii I bcj; to fsay to your oxccllciicy that I have hoon iiiforiiHul iii-
foriiially and iinollicially hy the reiireaentativcs at Tokio of one of the jiowers inter-
ested in tli(< said nejiotiatioiis, that ho was in receipt of information to the etleet that
the eonsultation now heiiij? conducted at London is of a purely jtndiminary character.
I am fully jierHiiaded that the consultation to which your exc<dleiicy ref»'rs is of tlu)
same nature as has already taken place between the United States minister at Tokio
and the Japanese forei^xn ollice ; and I be^ to repeat to your excellency what 1 have
already had the honor to assure yonr Deitartment tni previous occasions, that ;v final
decision will not be reachtMl in this niattcir of tlu* proposed convention until the Im-
perial (rovcrnnient lias been fully advised and has had ample ojiportiinity to express
its views in the premises.
I aval', etc.,
Riciiahi) B. IIuuuaud.
Xo. 100.
.Vr. tlayard to Mr, Uuhhard.
No. 223.]
J)ErARTMENT OF STATE,
Washington, J all/ 18, 1888.
Sir : 1 have receiv^ed your Xo. 483 of the 23(1 ultimo, .sayiujj that the
.lapauese minister for foreign affairs hail informally inquired of you
hitely concerning the proposed convention between the United States
and Japan, looking to the protection of fur seals in liehring Sea, which
formed the subject of my iustructiou Xo. 171 of Xovember 21, 1887.
Xegotiation with Japan in reference to the protection of the seals in
Behring Sea has been delayed by the unexjjected ])rotraction of the ne-
gotiation with Great Biitain and Itussiti. It is thought desirable that
the arrangement between these countries should be permitted to assume
a definite and settled form before other agreements tire formulated. It
is hoped that the matter will soon be in such shape as to permit the
entrance upon formal negotiations w^ith Japan.
la the meati time, however, the question might be informally dis-
»;ussed with the Japanese Government, with a v4ew to ascertain just
what is desired of the United States iu regard to the protection of the
sea-otter.
I am, etc.,
T. r. Bayard.
Xo. 101.
Mr. Bayard to Mr. Uuhhard.
[Coiiftdeutinl.]
Xo. 232.] Department of State,
Washington, Axigust 9, 1888.
Sir: I have to acknowledge the receipt of yoir. Xo. 492, of the 13th
•iltimo, in which you transmit a copy of a note from Count Oknma,
minister for foreign affairs of Japan, of the 7th idtimo, in which he
S. Ex. 106 8
114
SKAL KISUEHIES IN IJEIilNO SKA.
States tluj (k'siii' of his (lovt'iiiiiit'iit to instruct its it'picsentiitive in
London to tnki* i»ait in the nej^otiations thcro iitMidiny between the
Government oC tlie United States and tiiat of Great Britain, for a con-
vention for the protection of seals in JJehrinj; Sea, i)iovided the nej^otia-
tions have reached a sta^^c which wouhl admit of sucii i)articipation.
Jn reply you i>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 <lisj»iitcli, No. 110, relative to tlie iHotection of fur-beariiig
seals ill the IJehriiijj Sea, has .just reached me, and I have lost no time
in makin<? known to the imperial Government your wishes respectinjj
the co-operation of the Kussian ambassador in London with Mr. I'helps
on this subject.
\'ery truly, etc.,
Geo. \'. y. LoTiiBOP.
2s^o. 105.
Mr. Lothrop to Mr. Bayard.
No. 104.] Legation of the United States,
St. Petersburg, March 12, 1888. (Received April 2.)
Sir : Immediately upon the receipt of your dispatch, No. 110, I com-
municated to Mr. de Giers the suggestions therein contained. In reply
he now informs me that the imperial Government, acting thereon, has
instructed Mr. de Staal, its ambassador in Loudon, at once to put him-
self into communication with Mr. Phelps, and to do his best to promote
the common object of the two Governments. I am also requested ta
make this action known to you.
Very truly, etc.,
Geo. V. N. Lothrop.
SEAL FISHKUIKS L\ UEUINQ SEA.
117
SWKDEX AND NOltNVAV.
Xo. 100.
^f^\ Mo gee to Mr. lUnjard.
No. 118. J JjEaATioN oi' THE LTnited States,
Stoekholm, March I'O, 1888. (Kt'ciMved April 0.)
Sir: I Jini in re(!oii)t this ]>. in. of tin's res])(nist'. to my noto (written
niuler your instrncition of tluto September 17, 1887), invitin<j: the (lov-
ernnient of the United Kinsiloms to join in an arrimjjen.nt whereby
iin end would be put to the indi.s(!riminate Uillin{? of seals in the liehr-
iny: Sea.
The royal Government liaviu}'' no interest in seal fisheries, His Maj-
esty thinks there is no need to take part in any treaty or arrangement
in reference thereto on the part of the United Kingdoms. lie however
expresses the desire that a mutually benellcial accord may be arrived
at between the interested powers, and that the same may bo maintained
with ft reservation that i)Owers not at present interested may join in
such an arrangement in the future if they desire.
At present neither Sweden nor Norway engages in seal fishing in
Behring Sea or adjacent waters.
1 have, etc.,
liUFUS Magee.
Paet Til.
CANADIAN CORRESPONDENCE RELATIVE TO THE SEIZURE OF
BRITISH SAILING-VESSELS IN BEHRING SEA (REPRINTED FROM
CANADIAN DOCUMENTS).
No. 107.
Sir L. ^yest to Lord Iddcsleiyh.
Washington,'^ *S'epft.'.>»^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, an<l in this connection I have the honor
to inclose to your lordship, herewith, a precis of the histcn-y of theorigin
of this company, as well as of what has been written on the subject.
Chapter 3 of the Kevised Statutes of the United States ([). 312, sec-
tions 1951 to 1070, inclusive) contains the "provisions relating to the
unorganized Territory of Alaska," and section 19ol extends " the laws
of the United States to and over all the main-land, islands, and water
of the Territory " ceded by Eussia to the United States by the treaty of
1867.
In addition to the case of the Government seal islands, the Alaska,
company holds as well leases of certain islands from the Itussian Gov-
ernment, so that, in fact, it may be said to monopolize the seal fur in
these waters. .
I have, etc.,
L. S. Sackville West.
The Earl of Iddesletgh, G. C. B., etc.
|Iuclosiin'.|
Uistorij of the orUjin of the Alaska Commercial Compatiij.
Tho tiausler of the Territory of AlaHka to the Unit«'(l States Government, in eom-
I'luHKo witli the terms of tlie treaty of purchase between the two Governments, in-
chided the transfer of .dl the Russian Governnjent (property), such as prblic build-
ings at Sitka, governor's lionse, custom-liouse, hospital, au<l wharves, etc. There
118
SKAL FISHKRIES IX HKIJIXG SEA.
119
Avcre, liowevtT, certain linildings roHcrvod ii;* tho i)ro()orty ol" tlic IJiissiuu Fur Com-
]iiniy, <TU(l tis (JeiuM'iil Uoussuiui, the Uiiitt'tl Staten coiiiinissiDiittr, t-onld not, in liis
ofllicial cai)acity, takt) any active or open part, in its disposal, Prince Matsnlvoti'. tlio
JJnssian ffovernor, concluded a bargain with Mr. Hutchinson, who accompanied (jen-
eral Rousseau as his private secretary. This bar<i.iin included all the proptMty of the
Russian Fur Company .and the \merican ol'ticers stationtMl at Sitka, who claimed that
they were entitled to a share of tho spoils. JJy virtue of this harj^ain with I'rinee
Mat.4ukoti', who was jfovernor of the company, Mr. Hntcdiiuson j)r()pnscd to take
])ossessi(M» of the fur trade of Alaska and the seal islands, (and) left for Victoria
(Hritish C(dund)ia) and San Francisco to make the necessary arranjiements.
At tlio former place he met with a Mr, Kohl, owner of a British steamer, called the
ridelilor, with whom lie entered into itartnersliii), and the tirm still exists under the
name of Hutchinson, Kohl »t Co.
The sttanier obtained an American rej^ister, under the j)lea that she was a Russian
vessel at tho time of the transfer of the Territory to the Knited States, and was thus
enabled to carry on the; coastinjx trade.
Freparations were nnide in istw for workinj; the fur trade of \\u: newly-ac>juired
]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-
))e<lition, believinjf that he should tiiul the islands unoccui)ied, but was eventually
forced to retire before the coml)ined forces of Captain Moifjan ami Mr. Hutchinson,
It now becauu) obvious that the Government must taki; means to i)reservo these
valuable .seal rookeries, and in the winter of [>H'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<jitude, and that ils operations over this vast extent of territory and coast are en-
tirely distinci iVom and havci no connection with its exclusive i;ontrol oi the seal
islands, which it holds by virtue of its lease fiom the United States (lovernment.
Outside of these islands it holds no exclusive rights or franchise from tho (!overn-
ment, nor does it pay any rent or royalty to the Goveinmeiit or the territory it occu-
))ies or tho furs it procures from the natives. It has no rigiits over any other citi/en
or <'ompany <d' citiziMis who may desire to trade in competition with it, and yet it has
been aided by tho Revenue Marine in sujipressing compel ition from rival traders; for
it a]tpearti that niuler instructions from the Treasury Depj' nncnt the revenue (cruis-
ers board and examine every iradiug vessel sighted in the Pchring Sea or on tho
northwest coast of Alaska, except the vessels of tln^ company. If a pretext can be
found, HI otlicer is ]»la,ccd on board with instrucitions to take the vessel to Ounalaska
and discharge lier (largo. She is then sent to San Francisco, where tho lJnit(ul States
nnirshal tinds that there isno cause for condeminition, and, as the object of breaking
up her voyage has been gained, she is released and ncstored to her owners. The ves-
sels subjected to this treatment conuj from Ilritish Columiiia ami .lapan, and are, It
is said, iitted out for contraband trade.
Wasiun'gtox, Scplrmbir, l^^^■(J.
120
SEAL J^ISIIERIES IN BERING SEA.
Xo. 108.
The Administrator to Mr. stanhope.
IIALIFAX, Heiitemher 27, 1S8G.
Sir : 1 had the honor to send yon a telegraphic message on the I22d
instant, of which the following is the substance:
The Canadian schooners Thornton, Omcard, and Carokna were seized
on the 1st of August in Behring Sea by the United States cutter Cor-
tcin. The ca])tain and mate of the Thornton were tried in the district
court of the United States at Sitka <m the 30tli of August. It was
attemjjted to show that the Thornton was seized for killing seal about
70 miles SSE. of St. George's Island, within that portion of Behring
Sea ceded by Kussia to the United States.
The judge, in charging the jury, quoted article 1 of the tro'^ty of
March 30, 1807, between the United States and Kussia, and atlirmed
that all watprs within the boundary set forth in the treaty to the western
end of the Aleutian Archipelago and islands were to be deemed Ameri-
can, and that the penalties of tlie law against the killing of fur-bearing
animal'j were to attacih to its violatioji within the limits in question.
The jury were told, if they believed the evidence as to the killing of
any fur-bearing animals by the accused on the Alaskan coast or in
Beliring Sea east of the 103d degree of west longitude, to find thetn
guilty.
The prisoners were found guilty. The master of the Thornton was
fined $500 and sentenced to imprisonment for thirty days. The mate was
fined $300 and sentenced to thirty days' imprisonment. The otlicers of
the other two vessels were also tried and similar penalties imposed
upon them.
The Government of Canada protests against the claim of the United
States to the sole sovereignty over Bering Sea 700 miles east of the
westerly boundary of Alaska, defined by tlie abov<;-mentioned article
1 of the treaty of March 30, 1807, as contrary to the admitted i)rinci-
l)les of international law, and also in oi)position to the 1" lited States
contention concerning common waters on the coast of the Atlantic. It
protests also against the unwarranted and arbitrary interference of the
authorities of the United States with the ])eaceable and lawful occu-
pation on the high seas of Canadian citizens, as well as against the for-
feiture of tiieir property and the indignity of imprisonment which have
been imi)osed upon them. The foregoing facts liave also been connnu-
nicated to Sir Lionel West.
I have, etc.,
A. C
I'rSSELL,
Aihninistrdtor.
>
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<l lisheries, upon which my telegram of the 22d instant
SEAL FISHP:1{IES in BERING SEA.
121
was foiiudt'd, relative to the seizures of the Canadian schooners Thorn-
ton, Omcard, and Carolina while en{i;a}j;ed in the peaceable pursuit of
their lawful occupation on the high seas.
(2) It will be seen from this report that the masters and mates of the
>- above-mentioned vessels have been tried before the 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<r additional information :
It is stated in elfect, in the Alaskan, a nc\vs|iaper published at Sitka, in- tlu> 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 an<l cluiin of
islands are to be considered as comjirised within thi? waters of Alaska, and all the
penalties ]trescribed by law against, the killing of fur-bearing animals must therefore
attach against any violation of law within tlie limits before dcscribtMl.
" If, therefore, tlie jury believe from the evidence that the defendants by themselveH
or in conjunction with others did, on or; about, the time charged in the information,
kill any otter, mink, martin, sable, or fur seal, or other fur-b(>aiing 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 <l(!fendants guilty and assess theii' punishment separ-
ately at a tiiui not less than J&'JdO nor more than SI, ()()(), <ir imiuisoumcnt not more
than six months, or by both, such line within tin; limits hcreiii set forth and iinpris-
onmeut."
w^^^mm
122
SF.AL FISHERIES IN BERING SEA.
(4) Tliiit tlio Jury Itrouf^lit in a verdict ol' S'l'lty ajjaiiist tho prisoners, in acfonl-
aiice with which tiio master of the Tlionitoii, JIans Guttornisen, was sentenced to
iiiipriHoninent lor thirty (hiys and to pay a lino of floOO, and the unite of the Thoru-
ton, Norman, was sentenced to imprisonment for thirty <hiys and to pay a tine of
%'M'), which termsof imprisonment are nresnmably now beiiiK carried into effect.
It also ap])ear8 by tele<;raphic dispatch from Nanaimo, ISritisl' Colnmbia, dated
18th September, that the nnistei's and mates of the Onuaril and CatoIUki have since
been tried and sentenced to •.inderj^o simihir iienalties to tliose lieinj; indicted on tlio
master and mate of the Tho'nton,
Ic will ap[)ear i'rcnn the above information, conjoined with the report of counci't
under date September li:{rd inst., that the United States luive dctermintid to lay
claim to the solo sovereijuiity of that part of Uehrin^s Sea lyin;^ east of the westerly
boundary of Alaska, as delined in the iirst Articdeof the Treaty made between the
United States ami Kussia in IHOT, by which Alaska was ceded to the United States,
j»nd which includes a stretch of sea extending in its widest part some 600 or 700 miles
easterly from the aainlaud of Alaska.
In jnnsnance of this claim tliey have interfered with the peaceable and lawfnl oc-
cupation of Canadian citizens on the hifrh seas, have taken possession of their ships,
hav(} subjected their proi)erty to forfeiture, and visited upon tln'ir jiorsons the indig-
nity of lmi)tisonm»!nt. 'flu^y appear to have done this in spite of the admitted jirin-
fil)les of international law, an<l in direct oi)positi()n to their own contention of what
constitutes conmion waters upon the Atlantic coast.
In view of the unwarranted and arbitrary action of the United States authorities,
the umlersif^ned reconinu'nds that a co])y of this report be sent to Ibn- Majesty's fiov-
ernment, to the end that innnediate rtiparation be dennindtMl from the Government
of th(>- 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, titte<l out in \'ic-
toria, B. C, for the capture of seals in the waters of the Northern Pa-
cific Ocean, sidjicent to Vancouver Island, Queen Charlotte Islands and
Alaska, and that at the time of the seizure by the Corwin, on the 1st
August last, they were taking seals in the oi)en sea at a distance of
more than (50 miles from land.
(3) My minister of marine and fisheries has taken steps to get further
depositions from the owners, masters, and crews of the above-inentione<l
vessels, in order that a (;hiim may be made upon the United States Gov-
ernment tor danmges, for the unwarranted seizure of JJritisIi vessels on
the high seas.
(4) I have communicated a eoi)y of this order in council, with the
accompanying i)apers, to Tier Majesty's minister at Washington.
I have, etc.,
A. Russell,
Administrator.
lit. Uon. Kdwakd Stanhope.
SEAL FISHERIES IN BERING SEA.
123'
[IiicloBure 1.1
Crrtijied cop!/ of a report of a commitUr of the honorahh; the privy coinicil, npprored hi/
his excellency the adminiHlrator of theyovernment in council on the '2'M day of f>cptembcr,
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<l to the port of Oonalaska,
where they are still detained. The criiws of the Thornton and Carolina, with the
excei)tion ot the captain aud one nuiu r)u each vessel, d«itained at Oonalaska, were
sent by the steamer .SY. I'anl to San Francisco, Calitornia, and there turned adrift,
while the crew of the Onward was kei)t at Onnahiska. At the tinu* of their seiz-
ure the Thornton had 404 seal skins on board, the Onward, WO; aud the Carolina^
()8() ; aud these are detained aud kept at Oonalaska, along with the schooners, by
the United States authorities.
The minister states that he has taken stej)s to got further depositions I'Voui the own-
ers, masters, and crews of the vessels above uuMitioiUMl, iji ordt^l• that a cl;uui nuiy be
niadt! upon the United States (ioverunicnt for damages f)r this unwarranted seizure
of British vessels in the open sea.
The counnittee recommend that your ex(!elleiu'y be uuived to transmit a cojiy of
this minute, if ai>|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
!<n«9
124
SEAL FISHKRIES IX HKRING SEA.
lliiclosure 3.1
Copy of letter from Daniel Mutiroe, incatcr of schooner Onward.
SCIIOONKII OnVVAKI), I'OKT IMOM'K,
Ounulaiika, AiKjuxtl, l.'^Sfi.
UkauSiu : On tlie;?d, wJiile the Oi ward was iiilatitU(lor)4J iV2'N., loiijjitudo IG7^ T}')'
W., Jiiid about 70 miles fioiii tlm nt-art!,sl land, the Uiiittul Statew revenue-cut 1 it Cor-
ivin, liavin<; the Hchooners Thornton and Carolina in tow, boanled u.s and t-ent a crew
<)U board anil towed us in here, v>iiere \vc are lyinjj; at i)resent with wails bent and seals
on board and a watchman in eliar<re, but can't lind out what they intend to do with
us, so 1 can't say any more about it at ])resent.
I met the Faroritc nu the 'Jf^th. Ca]ttain McLean was on board of us; w(> 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<ilish schooner Onward, of the tomnijife 'A'>.'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 ha<l seal skins on board. And I make this s(demn declaration, con-
scientiously believinff the same to be true, by virtue of the act passed in the thirty-
seventh yt^ar of Her Majesty's reiyn, intituled "'An act for the su[iprcssion of volun-
tarv and extrajudicial oaths."
~ , T. McLai!1)V.
Taken and declared bc'fore me this "JI]!! An
*, l."'^('), at Vict<iria, Ihitish Columbia.
M. W. TvitwiiiiT Ukakk,
./iixIUt of the J'tace.
])t'])Of<ilioii of luhrard Shirldn.
I, Edward Shields, of Took(5 district, Vancouver Island, a hunter enf^a;:^*''^ on board
the Hritish schoont^r rrtro/i»((, of ;>l.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'<th .lune.
and at that tiuio we were about :iUO miles from laud, and we continued cruising about
for seals, and up to the time the I'nited States vi-ssel roriciH seized us we had ()H(i
seals; during the vvliole time we were cruising about we were in the open seas, out of
sight of any laud ; the seals vvc obtained were chiefly females; at the time the Cor-
trin seized us, on the 1st of- August, we were out of sight of land and in latitude
b^t'^ 50' N., longitude ItiH^ 5;$' W., as 1 was informed and verily believe. Tliere were
other vessels, both American ami English, cruising about in the same neighborhood ;
we never killed a seal in the neighboriiood of the Aleutian Islands. I was away in
the boats when the Coririii seized the vessel, and when I came back I found the Caro-
lina in tow of the Corwin. The captain of the L'orwiii, Abl)ey by name, took away all
the fire-arms, consisting of rilles and shotguns, ten in all, and I was taken to Oona-
laska, and from there I was taken to San Francisco by the steamer St. Paul, and there
turned adrift. 'J'he Carolina was left at Oonaiaska with the seals and ontiit. And I
make this declaration, conscientiously believing the same to be true, by virtue of the
act ])assed in the thirty-eighth year of Her Majesty's reign, intituled "An act for
the suppression of voluntary and exirajudicdal oaths."
Edwaki) SiUKr.ns.
Taken and declared before me, at Victoria, this 2".d day of August, ISSf!, in duo
form of law.
M. W. TvRwiUTT Dhakk,
Juxlicc of the I'vace.
12G
SEAL FISHERIES IN HERING SEA.
No. 111.
The administrator to Sir L. West.
Halifax, Nova Scotia, Sejti.mhcr 28, 1886.
Sir: I have the honor to forward lor your information a coi)y of an
approved report of a committee of the privy council, submitting letters
and depositions from some of the masters and crews of the Canadian
schooners Ontcard, Thornton^ and Carolina, relative to the seizure of
those vessels in IJehring Sea by the United States revenue-cutter
Coru'in, and their subsetjuent detention at the port of Oonalaska, in the
Territory of Alaska.
1 have communicated a copy of this order in councd and accompany-
in},' papers to tiie secretary of state for the colonies, lor transmission
to the foreign ollice.
I, have, etc.,
A. KUSSELL,
Minister at Washington
'Administrator.
No. 112.
The adminiiitrator to Sir L. West.
Halifax, Nova Scotia, September 28, 1880.
Sir : With reference to my dispatch No. 15 of this day's date I have
the honor to forward for your information a copy of an approved re-
port of a committee of the privy council, to which is appended a report
by my minister of marine and fisheries, upon which my telegram of the
■22d instant was founded, relative to the seizure of the Canadian schooners
Thornton, Onward, and Carolina, on the 1st August last, by the United
States revenue-cutter Cor win, in Behring Sea.
I have communicated a copy of this minute of council, with the an-
nexed report of the minister of marine and fisheries, to the secretary of
•state for the colonies.
I have, etc.,
A. Russell,
Minister at Washington. Administrator.
No. 113.
Sir L. West to the administrator.
Washington, October 4, 1880.
My Lord: I have the honor to acknowledge the receipt of your lord-
ship's dispatches Nos. 15 and 16 of the 28th ultimo, inclosing copies of
approved reports of a committee of the privy council relative to the
seizure of the Canadian schooners Onward, Thornton, and Carolina, by
■the United States revenue cutter Corwin, in Behring Sea.
I have, etc.,
L. S. Sackville West.
Jjord Alexander Uussell.
SEAL FISHERIES IX HEIJIXG SEA. 127
No. 114.
Mr. Stanhope to ihe adm'mhtrntor.
Downing Street, October 25, 188G.
My Loud : With rcft'ioiu'e to ])rovious oorii'spoiKlenco respt'ctiiiff
tlie seizure of Canadian sealing; schooners in Jielirinfj Sea I have the
honor to inform you tliat Her JMajesty's minister at Washington has
been instructed by telejiruph to protest, in the name of Her Majesty's
Government, against this action on the part of the United States cruiser,
and to reserve all rifjhts to compensation.
I inclose, for communication to your Government, si copy of a dis-
patch, with its inclosure, which has been received at the foreifjn oHice
from Sir L. West on the subject.
I bave, etc.,
ICdward Stanhope.
The O^icer Administering the Oovernmenf of Canada.
No. 115.
The Earl of Iddeskigh to Sir L. ^^e,s^ (Mnber 30, 188G.
(Omitted here, being printed supra, No. 3.)
No. IIG.
Lord Lansdowne to Mr. Stanhope.
[Tflesiara to the secretary of state for the colonies on the 27th November, 1880.)
Vessels are now being equipped in British Columbia for fishing in
Behring Sea, and intend to start about the 10th of December. Can
:j ou obtain any assurance as to whether the vessels will be exposed to
seizure by United States cruisers ? They do not intend to fish near land.
Lansdowne.
No. 117.
Lord fjansdoinie to Mr. Stanhope.
Ottawa, November 29, 1886.
Sir : I have the honor to inclose herewith copy of an approved report
•of my privy council, dealing with the recent seizure of the Canadian
schooners Carolina, Oniiard, and Thornton by the United States reve-
nue steamer Corwin, while fishing for seals in Behring Sea.
The statements contained in the report aresuflacient to establish that
the claim now put forward on the part of the United States, to the sole
right of taking fur bearing animals within the limits laid down in the
'■* \.:
^n
128
SKAL FI.SIIKRIKS IN UERIXO SKA.
first article of llie treaty of l.S(S7, is inconsistent with llie li^^'lits secured
to (Ireat JJritain nnder tlie (convention of 182"), and is in snl)stunce tlie
same as that wliicii, when advanced l>y tlie Itiissian (rovernnient on
<lilferent occasions ]>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 prece<le(l — negotiations which, as
])ointed out in the report, arose out of conflicting claims to these very
waters — points to the contrary conclusion. It would, indeed, bo difti-
t!ult to condemn the ))resent pretensions of the United States authori-
ties in language more convincing or emphatic than that which, while
those negotiations were in i)rogress, was used by Mr. Middleton, then
Russian minister iit St. I'etersburg, in his memo. «lated 13th Decem-
ber, 1823. ( I7f/e American State Papers, Foreign Relations, Vol. V.
Xo. 384.)
It is laid down in that memorandum that "the existence of territorial
rights to the distance of 100 miles from the coasts u])on two opposite
continents, and the prohibition of approaching to tlie same distance
from these coasts, or from those of all the intervening islands, are in-
novations in the law of nations and measures unexample<l. It must
thus be imagined that this i)rohibition bearing the jtains of confiscation
ai)plies to a long lino of coasts with the intermediate islands situate
in the vast seas where the navigation is subject to innumerable
and unknown difliculties, and where the chief emi)loyment, which is
the whale fishery, can not be compatible with a regulated and well
determined course." Mr. IMiddleton added "that universal usage,
which has obtained the force of law, has established for all the coasts
an accessory limit of a moderate distance which is suflicient for the
security of the country and for the commerce of its inhabitants, but
which lays no restraint ujion the universal rights of nations, nor upon
the freedom of commerce and navigation."
Under the treaty of 18G7 Russia ceded to the United States "all the
rights, franchises and privileges" then belonging to her in the territory
or dominion included within the limits described (?'idt' Art. VI), but
could not cede aright which, in the express terms of the treaty of 1825,
was recognized as belonging to the subjects of the British Crown as well
as to those of Russia.
This is, as far as I have been able to ascertain, the first occasion upon
which claims of the kind now advanced have been enforced. Sealing
vessels from British Columbia have for some years past frequented the
waters of Rehring Sea without molestation, and a letter, of which I in-
close a copy, addressed by Mr. William Munsie, of Victoria, British
Columbia, to my minister of marine and fisheries, shows how serious will
be thoeflectsof this interference upon a well-established and important
industry, in which many British subjects luive a substantial interest.
It is, I think, worth while to contrast the claims now urged by the
Government of the United States to exclusive control over a i)art of the
Pacific Ocean, the distance between the shores of which is, as was
pointed out by Mr. Adams in 1822, not less than 4,000 miles, with the
SEAL FISHKRIES IN HKRINU SEA.
129
indignant reiin)r'striineeH recently made by Mr. Hayard against the
action of tiie Canadian authoritieis in warning; United States fishing
vessels from entering tlie territorial waters of the Dominion at points
where those waters were only a few miles in width, and throughout
their whole extent in (dose proximity to Canadian territory.
A warning of this kind when given in respect of the Hay des (Mialeiirs,
which measures about eighteen miles at its mouth, was stigmatizetl by
Mr. Bayanl in his despatch of .lune 14, ISSfJ, as a '' wholly unwarranted
pretension of extraterritorial authority," and as an "interference with
the un(iuestionable rights of the Ameri(!iui (islicrmen to j)ursue their
business without molestation at any point not within •'{ marine miles
of the shores."
1 would also draw your attention especially to the great hardships
occasi()ued to the owners and crews of the seized vessels, l>y 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 decline<l to pay them, the captains
and mates of the seized vessels, though originally sentenced to thirty
days' imprisonment (a term which has long since expired), are still de-
taiiH'd.
1 may add, in explanation of the (joncluding passage in Mr. Munsie's
letter, that Mr. Ogilvie, the cai>tain 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'<l in sealing in Jiehrings Sea. Also copy of a letter from Daniel
Munroe, master of the (Canadian sealing scliooner Onward, which has l)een already
forwarded l»y his excelh;ncy the governor general to the colonial ollice and to Her Maj-
esty's minister at Washington.
The subcommittee of council, to whom tho papers w<ne referred, observes that it
appears that the schooiu'rs mentioned were C madi vessels litted out for the capt-
ure of seals in the North VaciKc Ocean adjacent to Vancouver Island, Queen Char-
lotte Island, and Alaska; that they were peaceably pursuing thtMr avocations on the
high seas at a distance of some TO miles from the nearest island, and more than one
hundred miles from the nearest mainland ; that they were taken [tossession of by the
United States revenue-cutter Corwin on the lirst of August last and towed to tho port
of Oonalaska.
The crews of tho Thornton and Carolina (with the exce])tioii of the captain and one
man on each vessel, who were detained at Oonalaska) were sent by steamer to San
Francisco and there turned adrift, while the men of the Onward were kept at Oona-
laska. The schooners and the seals found on board of them wtjr > 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 sc<tions liHiti anil I'.ttll of which
])rohil>it 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<l;;e Dawson, in the I'nitcd Strifes district conrt at
Sitka.
'1 he evidence j'i\eii hy the otiieers of th(> 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<l the tirst iirticlc of the treaty id' thelUlth March,
1H()7, lietwecn K'lissia an<l the I'liited States, in which the Ixmndary ol Alaska Ih de-
iln('(l as follows :
"'llie western limit, within which the territories and dominions conveyed aro con-
tained, passes tliroujih a point in Hchriny Straits, on the parallel cd' sixty-live de^iret s
thirty miiniles north latitude, at its intersection liy the meiidian, whii-li pas.st's mid-
W'a.v hctwcen the island of Kinscnsiern or (ijinalooU and the island <d' ItatmaiKdV or
Noonaihrouk, and inoeieds dne north, wilhniii limitation, it, to the same l-'ro/en
Ocean, i'lie siinie western limit. lie^iinninL: at the same initial jioint, procetds then
in a strai;;lit coirMi , ncinly sonlh'' est. ihroiiyh I'lchiinj; Siiaits and lielirinjj; >*>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 <j;nilty,
and as.sess their jmnishment ,sei)arately, at a line of not less than !?200 nor more than
.tl,iK'l', or imprisonment not nionj than six months, or hy both, such lines within the
limits herein set forth, and imprisonment."
The Jury found the jtrisoncrs jjiiilty, and the master of the Thornlon was sentenced
to thirty days' imprisonment ami to ftay a tine of.^riOU, while the unite wassenteiieeil
to a like term of imi>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 <lecliued themselves to assert, but which they have strenuously
resisted when claimed by another power.
The following brief instance w ill illustr.Tte the po.sition taken by the United States
Govcrnnent in the niceiit past:
As late as the lUth April, lr"7"2, Mr. Boutwell, then Secretary of the United States
Treasury, in answer to a reipiest made? to him that a revenue cutter should be sent
to the region of the Unimak Pass to jtrevent Australian and Hawaiian vessels from
taking seals on their annual migration to the islands of St. Paul and St. George,
declined to accede to the request and added :
" In addition I do not see that tlie United States would have jurisdiction or power
IHHl. with
litcd StiitcH
, iHHd, loii-
lilicatioii of
I ho l.V.ttltli
r liiiiitH of
i1 of which
CMlrictioiis,
MtrfU', or ill
;Uh AiiKiiNt
i»t court at
Conriii wan
or 70 inihs
vithiii timt
lHi7. Till'
U)th March.
laska is (h--
•c(l aro coii-
livc«lc;;r«'iH
])asHt's iiiid-
itiiiaiiotV or
line Kro/cii
i)cc( (Is then
riiij; Sra, so
wrciict' ami
11(1 scvciily-
ithwcsti'i'ly
plicr Isjaiiil
ic iDcridiiiii
ill the tcrri-
( Executive
(tern eiiil of
coiiijiriKcil
st the kill-
law within
d hy tlieni-
iiforniatiou
iial or iini-
iiidred and
Lilts gnilty,
nioro than
within the
8 sentenced
s sentenced
roni a tele-
lates of the
;o penalties
onstrnctlon
of the Re-
t its effects
oblijjatiou,
lit have in
jtrennously
lited States
iteil States
•uld be sent
fessels from
St. George,
>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.-<t and ishiiids licloii^iii;; to Russia, or a|tproach-
iii^ tlieiii within less than UK) Italian miles, was commuiiiiwiled to the American (iov-
ernniciit on the llth I'eliriiary, \f^'2 ((' of appciMlix),
The ifonoralile .lolin C^iiiiicy Adams, at lliat time I'liited Slati's Secretary of State,
wrote on the *J')th of the sameniunili to M. dc I'olct lea, the i^issian minister pleiii-
potentiaiy, expressiii^i the surprise ol' the I'lcsideiit (d' I he United Stales at the asser-
tion of a tcrritoral (diiim Ity Kiissia extending to thr .Msi decree of north latitude on
this continent ; statin;; that the exclusion nf Amiricaii vessels fnun the shore beyond
the ordinary distance to which the territorijvl jurisdiction extends had excited still
greater surprise, and rci|iicsting an explanation of the grounds of right, ii|)oii princi-
ples generally recogni/.ed by the laws and usages of iiutions, which would warrant
such claims.
M. <le I'ojetica, ill a ilis|iafcli dated l(i (•!•') Fel»ru;iry, H'2'J. defi-nds the prohiliition
as designed to siip|)ress the I'lirnisiiiiig by foreigners of arms and aiiimiiiiit ion to the
natives of li'nssian Ainericji. He adds, however:
" 'I'he extent of sea cd" which I liese possessions t'onii tlw limits, <'oinprehendH all the
.......!;»; ...I.:.. I. i ;i.. ..• i ....1....1 .....1.... ,.....,... i... ;...\ 1 .1... i>.....;
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<iiiin irii.^iiiiK.i^iii iii«>^>><i t yi iiii.^ 11(11111 •<' iMMiii «fiii
" the distance from shore to shore on rlns sea. in hit il ndi' ^t\ north, is 111
<d' loiigitiiilc. or 4, ()()(» miles. (State I'aiiers, \'ol. '.), ]t. 471 <l ni'<i.)
A writer in the North American IJeview, in an article pnldished ;i few montlis later,
says with resiiect to Mr. Adams' answer: "A volume on tlu^ subject could not have
placed the .ib.snrditv (d"the ]u■eten^ions uiok? giaringlv before us." (North American
Keview, Vol. 1.-,, p. :\^<J.)
and the prohibition above reterred to resulted in a treaty Ixitwecui the two ])owera,
concluded on '28th Febriiaiy, l."^"J.'), and coiitaiiiiiig the fVdlowing t'-rovision, in which
tlie right of lishing aiul navigation liy Oieat I5ritain in any part of the I'acitic Ocean
is recognized :
"Jt is agreed that the respective subjects of the high confracting parties shall
not be troubled or molested in any pari of tim ocean commonly called tln^ I'acilie
Ocean, (dtlun- in navigating the same, in lisliiug therein, or in landing at such parts
of the coast, as sluill not liave been already occii|iied, in order to trade with the
natne.'t under llit; n <n iciii.ii.s .-tiid coiHlitioiis specilicd in the following ai'ticles."
(State I'aiiers. v<.l. 12, ji. :!.'-'.)
So far as the subcommittee are aware the claim was never revived until it is now,
for the lirsl time, uul forward by tiie Inited Slates.
It does not apjiear necessary to insist at any great leiigtii ihat the conditions
attaching to Marht rlantiii ciiii not by any iiossibilily be jii edicated of Htdiring Sea,
and that the seizure of Canaui-in vessels at a <listance of over 1(10 miles from the
mainland, and 70 miles from tin: nearest island, constitutes a high-handed extension
of maritime jurisdiction unprecedeiiied in the law of nations; but the subcommittee
can not conclude without inviting the earnest attention of Her Jlajesty's Government
to the fact that Canadian citizens, seizeil while engaged in the pursuit of their lawful
avocation upon the high seas, and more than 70 miles from the nearest land, have been
dragged before a foreign court, their property contiscated, and themselves thrown into
prison, where they still remain.
Ml
^m
132
SEAL FISHERIES IN BERING SEA.
The subcommittee exjiress their confident hope that such represeiitationH will \te
at once iiia<le to tlie United f^tiittK fiovtrnment iiN will Kccnre the iitimediate release
of the imprisoned men, and (nil rejiaration for nil Iomhch and damage sustained hy
them.
'i'he committee concur in the torcyoinii rejiort, and they advise tlint your excellency
be moved to transmit a e(i])y of this minute, if aiijtroved, to the ri<jht linn, the secre-
tary of state for (he c<donies, and to Her Miijesty's minister at 'Waslii'i-ion.
All which is respectfully submitted for your excellency's ajtiiroval.
J«)iix J. McGkk.
Clerk I'rivij Council.
INDEX TO A PVENDIX.
A. Ijcttor fv 111 the Actiiij: Si ciclniy I'nitcd Sliitos 'I'roasurv Deiiiu'liiinit to Jlr. D'Aiicoiia. tlie col-
locldv 111' ctisfuins at Sail l'"iaiirin(ri. datid I'.'tli Mairli, IKSl.
B. A lellir fidiii the Si i rclarv nl' tlir fiiitcd Status 'I'lvasiiiy Ucpartniont to tlii> (■(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<l in the law, and how far the jmisdiction of the
United .States is to be nnder.stood as extending.
rresu III ing your iii(|uity to lelale more esiieei ally to the waters of western Aliiska, you
are infbiinid that the treaty with llussia of lUlth March, 1-70, by which theTeiritory
of Aliiska \\ as eedid to the I'nited States, <lefiiies the boundary of the territory so
ceded. The treat', is found <in pnges(i71 to ()7:5 of the volume of treaties of 'le Re-
vised Statutes, it vvill be seen, tiieretbre, that the' limit of tht> 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 <if fur- bearing jini mills would
therefore attach against any violation of law \\ ithin the limits befon; described.
Very respectfully,
H. F. FiiENCir,
Actinfi iSccntary.
AlTKNIHX 15.
TiiKASfiiY Dkpautmknt, l(i(/i March, I8y<).
Silt: 1 triinsniit herewith tor your inloini.'ition a copy of a letter a<l<Iressed by the
Deimrlment on I'Jih Marcii, IS-j, to 1). A. D'Aiicnna, eoiu'cining the jurisdietion of
the I'nited Siiiles in the waters of the Teiritoty of Ahiska, uid the jirevention of the
killing of fur seals and other fui-liearing anim.-ils within such art-as, as jireseribed by
chapter ',\, title "j:!, of the Revised Stiilutes. The attention of your pre<lcces.sor in
oflic(> 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(<iis which are hereto attached.
"In forwarding these r(>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<utioii.
"Count D. Gukikf,
" MiiiiKkr of Finances,
" It is therefore decreed by the directing senate, that His Imperial Majesty's edict
be published for the information of all men, and that the same beolieyed i)y all whom
it may concern."
The original is signed by the directing senate.
On th(! original is written in the haiKlwriting of His Imjierial Majesty, thus:
Be it accordingly.
Al.KXAXDKR.
" .Skc 1. The pursuits of commerce, whaling, and tisliery, anil of all other indus-
try on all islands, jiorts, and gulfs, inehiding the whole of the northwest coast of
America, iteginning from Hehring Stra'ts to tiie filst of norther:, latitude : also from
the Aleutian Islands to the eastern coast of .Silieria. as well as along the Kiirile Isl-
ands, from Behriiig .Straits to the south c;i]»e of the Island of lJru|), vi/, to the 4r> —
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 <la^"d
!Wth ultimo. The ncwspa|ier clipping attached thereto fully explains the matter <mu-
bodied tlierein. and, as will be .at once seen, it is a matter ol' vital importanee to our
lisliing industry and commercial enterprises gencr.iliy, that the siinie should engage
the atteutimi of the (iov<'rninent ill the very eailiesl jmssilde moineut, in order that
the owners may he apprised with as little delay as possible how they are to act.
I would therefore respectfully inv' rhat tiie wliolt> 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(<diction of
the United States in tlie waters of the Territory of Alaska and the prevention of the
killing of fur seals and other fnr-ltearing animal within such areas as pi'f'it'rilied by
chapter 3, title 2.'}, of the Revised Statutes. The attention of your predecessor in oftice
was called to this subject on the 4th April, 1881. This comniunication is addrt'ssed to
you inasmuch as it is understood that certain parties at ymir port contemplate the
fitting out of expeditions to kill fur seals in tluise waters. You are reciiu'sted to give
due i»ublicity to such letters, in order that such parties may bo inlormed of tbe cou-
struction placed by this Departiueut upon the provision of law referred to.
Respectfully, yours,
D. Manning,
Secretari/.
CoLLECTCu oi Customs,
San Francisco.
;. M. r.
are fitting
minials iu
to how far
laska was
It will be
the Arctic
e Islands.
tween the
II)), in the
rs within
of islands
! penalties
Die attach
2, 1866.
y than th»
LUBBE.
T. L.
I
Upon reference to hack files we find the full explanation of this note in the letter
referred to, which is as follows :
TuEASiuY Dkpahtmknt,
March 1-2, 1881.
Sir: Your letter of the 19th ultimo, requesting certain information in regard to the
meaning placed by this Deiiartinent u]>oii the law n-gulating the killing of fur-b<aring
auimals in the Tcirirory of Alaska, was duly received.
The law prohibits the killingof any fur-bearing auimals, excejit as otherwise therein
provided, witliin the limits of Alaska Territory or in the wavers thereof, and also jiro-
hibits the killing of any fur seals on the islands of St. Paul and St. George, or in the
waters adjacent thereto, exc(M)t <luring certain months.
Yon inquire in regard to the interpretation of the terms " waters thereof" and
"waters adjacent thereto" as used in the law, and how far the jurip-lictiou of the
United States is to be understood as extending.
Presuming your iiupiiry to relate more especially to the waters of western Alaska,
you are informed that tlie tr. aty wit); Knssia of March ;5U, 1870, liy wliieli the Terri-
tory of Alaska was ceded to the United States, defines the boundary of the Territory
so ceded. This treaty is found on pages ()71 to (17',{ of the volume of treaties of the
Revised Statutes. It will be seen, therefore, that the limit of the cession extends
from a line starting from the Arctic Ocean and running through Behring Strait to the
north of St. Lawrence Islands.
The .lie nms thence in a southwesterly direction, so as to pass midway between
the i ' iud I'^'Attou and Copjier Inliunl, of the Kromansdorski couplet or group, in the
Nc/ir Tit* i-ic Ocean, to meridian of 1715^ west longitude. All the waters within
thac biMir. U'vy, to the western end of the Aleutian Archipelago and chain of islands,
aie.'M i U reii as comprisod within the watersof Alaska Territory. All the penalties
prescrib ' l.>y '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)li<fe a niinilicr of your siiljserilx'rH, will you
kindly inform us if a vtrssel luintinjf seal a marine Icanne off shore in Helirinjj Sea
wonld l)e liable to seizure, or tloi^s the inarin(! l(^a<;ue limit apply to that territory as
it does to all land in the high seas ?
Skveral Interkstkd Subscuibeks.
Section 1956, Revised Statutes of the United States, jirohiliits the killing of fur-
bearing animals within the limits of Alaska '{"erritcu-y or the waters thereof, except
under an authorization from the Secretary of tin Treasuiy, and it further provides
that the Secretary shall not grant any spc. ial (irivileges under this section. Then
comes tlu! inquiry : What is included in the, term " tht; water's thereof?"
The tniaty by wiiich Alaska was eedcul to the United States by Russia defines the
boundaries of the jurisdiction thus conveyed. The western limit which extends out
on the high seas (a questionable conveyance) as far as the meridian of ]'Xi° west
longitude, so as to include tin; whole of the AbMitian Archii)elago, and thence proceeds
northwest to the intersection of the meridian 172 AV., with tii<! parallel of 65^^ I5t)' N.,
passes through the middle of Hehring Strait, midway between the islands of Krusen-
stern, or Ignalook and RotmanittV, and thence due north without limitation into the
Frozen Ocean, liy .act of Congress tlu^ laws or the I'nited States are extended over
all this t<'rritory and water. As IJehring Strait, at its narrowest, is .id miles wide, 9
miles from the Alaskan mainland coast would not ttegin to rt>ach 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 killin<r siudi yoiinj:; se.ils as may l)e necessary for their own food and
clothinj;' diirini^- otiier months, and also such old seals as may be ret|nired for thtdr
own clothing and for the inannt'actnre of boats for their own use, whiidi killing shall
be limited ami conlroiled liy such i-eiiulations as shall l>e 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<ls, or on the lieaches, (!litfs, or rocks when; they haul <i\> 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(^ti<m six of
this act, to jiroper and n-sponsiblti parties, to the advantaj;e ol the United States
liavini;' due reiiard to the interests of the (iovernment, the native inhaltilants, the
parlies heretofore en^jaged in trade, and the luotectmn of the seal lisheries (or a term
of twenty years from the lirst tlay id M<;,\', cijihleen humired and seventy, the rii;i:t
to en<raj;e in the business of takin;^ fur seals on the islands of .Saint I'.iiil and Saint
Georj^e, and to send a vessel or vessels to said islands foi' the skins of such seals, ;;ive
in>i 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 r<!(|uirenmnts of ConM;ress and id the re^riila-
tions of the Si'cretary of the Treasury touchint; the subject-matter of lakiiiji fur seal,
and disposiufi' of the same, and foi' the payment of all taxes and dues aceordiiij? to the
United States connected therewith, and in making said lease the Secii^tar.v id' the
Treasury shall have due re;;ard to thf preservation of the seal fur trade of said islands
and the comfort, nniinteiiance, iind edmation of the natives thereoi'. Thesaid lessees
shall furnish to the several masters of vessels etiiidoyed by them certilied copies of
the lease held by them respectivel.N'. whiidi shall he ]»reseiited to the (i.'vernim^nt
revenue cdiHcer for the tiim^ beinj; who may be in (diar<j;(; at the said islands as the
authority of the party for landinu ami takinj^ skins.
Si'.c. 5. And he it finthcr (vavtcd, That at the expiralion of said term (d' t>venty
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, <d' any jieisoii or persons other than
American citizens. Every h'jise .shall c(nitaiii a covenant mi the jiart of the lessi'O
that he will not ke<']), sell, furnish, jiive, or dispose of any distilled spirits or s)(iritu-
ons linuiu's on eitherof said islands to any of the n:itives thereof such person not
beinj; a i)hysiciaii and I'nriiishiiif; the satiu! for use as meilieine ; and any ]ierson who
shall kill any fur seal on either of said islands, m" in the waters adjacent thereto,
without authority of the lessees the leid', and any pers<m who shall molest, disturl), or
interfeie with said lessees, or either of them, or their ajrents or employt's in tlio
lawful piosioution of their business umler the inovisions of this act, shall be deemed
guilty of a niisdenuujnor, and shall foroach offense on conviction tln.ireof, be punished
138
SEAL FISHERIES IN BERING SEA.
in tho same way and by ]\hv penaltioH as prescribed in the second section of this act.
And all vessels, their tackle, jippiir i, appurtenances, and car«?(), whose crews shall be
found enj:;aj;ed in any violation of either if the provisiousof this section, shall bi' for-
feited to the United States; a'ld if any person or conii)any under any leas*! herein
authorized, shall kno\vin<j;Iy kii!. or in^rniit to be killed, any number of seals exceed-
ing the nund)er for each island in ihin act prescribed, such person or conii»any sluill.
oincer snail nuiKt; (lecaiieti report 01 ills (loinj^s 10 rne coiiucior 01 rue port.
Skc. (). And be if further riuieted, That the annual rental to be reserved by said lease
shall not be less than fitty thousand dollars per aiiuuni ; to be secured by deposit of
United Spates i>oii<ls to that aniount, and in addition thereto a revenue tax as duty,
of two dollars, is hereby laitl upon each fur seal skin taken and shii)p(Ml from said isl-
ntiilu .1 iiiMtwr till, iw,i,f i,i I,., .ii... !.«' L^i,..l. lii..c].^ 4 J. 1.1. i...;.1 ;,. f .1 I 1.1. 'r*>i..,i^<if,- i.C t 1.1. 1 T.. ;< 1.1I
le Secretary of the Treasury may terminate any lease fiiven to any person, compiuiy,
or corporation on full and salisf.ictory proof of the violation of any 01 the provisions
of this act or the rules and rejriilations established by him: I'roridedfnrlher, That the
Secretary of the Treasiirj'"is hereby authorized to deliver to the owners of the fur
seal skins now stored on tlie Islands, on the payment of one dollar for each of said
skins taken and sliiii[»ed away by said owners.
Skc. 7. And he it further enacted, That the. ])rovisions of tlu; seventh and ei<j;htli sec-
tions of an "Act to extend the laws (tf the United States relatinj^ to eiistoms, eoin-
accordance with the provisions thereof; and all acts and parts of acts inconsistent
with the provisions of this act are bertdiy rei»ealed.
Skc. 8. And he it further enacted, That the Congress may at any time hereafter alter,
amend, or repeal this act.
Approved July 1, 1870.
II.
Contract between H'illiam A. liichardmn, Acting Secretary of the Treasury, and the
Alaska Commercial Company.
This indenture, in duplicate, made this :h'd <lay of August, A. D. 1H70, by and be-
tween William A. Richardson, Acting Secretary of the Treasury, in jmrsuance of au
act of Congress, aMjiroved .July 1st. 1870, entith'd " Au ait to ])ievent the extermina-
tion of fui-liearing .'inimals in Alaska," and the Alaska Commercial C'onipany, a cor-
l)orntioii duly established under the laws of the State of California, acting by .John
V. Miller, its i)resideut and ugeiit, in acciu-dance with a resolution of said corpora-
tion, duly adoj)ted at a meeting of its board of trustees, held January "'.Isf , 1870 :
Witnesseth, that the said Secretary hereby leases to the said Alaska Commercial
Company, without 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<lge of the jjiovisions
f)f the aforesaid act of Congress, further e,ovenant> 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 tal<eu from the Daily Chronicle
of this (late, herewith incloseil.
In addition to tbe several scbemea mentioned in this paper, information has come lo this oiBce of
140
SEAL FISHERIES IN BERING SEA.
peditioiiH nni to Ntnrfi from Aiistialia iiiwl tlio Hawaiian IslaiulH, to take fur Healn on
tli«ir annual niij^iatloii to tin; Islands of St. Pan! and St. (Jcorj^o tlironj^li tlu^ narrow
]»ass of <)oniniai\. Yon rcconiinrnd, ro out off ttu^ itossihilltv of <!vil rcsnltinjj to tho
inttircHts of tilt! United Statt's from llicsr cxiii'ditions, that a. rcvcnno cnttiM' l>o 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<t(lition, I do not sot! that tho, Unitod Statos would have tht! jurisdicticni or power
to drivo off partios^^oiny; np tlioro for that purpose, tniloss thoy nnido suoli attompt
within a marint! loajiuo of tho short!.
As at ))roHont advised, I do m)t think it «!Xi)ediont to carry out yonr suf^jiostioiiH ;
but I will thank yon to communicato to tiio Dopartnuiiit any fiirthor facts or infor-
mation yon may lie aide to jfathor upon tho suhjoct.
1 am, very •respoctfnily,
(Jkohgk S. Houtwkll,
« Srcretari/.
anotlicr, wliicli iw lioing or^niiizfd iit the Hawaiian Islauds for the saiiie purpose. It is well known
that tlininf; the month of May and tin' i-aily part of .Tinu! in oacli year thi! fur seal, in tin ir nii<iratiou
from till' soiitliward to St. P. Paid and St. tlforjic Islands, uniformly inovti tlir.iuuh Ooniinak Pass in
larj;<> 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<i m:ule the iieculiiir nature and habits of tliese animals a study, tliat
if they are by any means seriously diverted fruni the line uiion which tliey have been accustomed to
move northward in their ])as-ia;;e to tliese islands, there is ;;reat daiiLier of tlieir SHtdiini; other hainits,
and should this occur, the natural selection would lie Koinaiidorsky Islands, which lie .just op])osito
the I'ribolov jinuip, near the coast ol Kamschiitka, owned by liiissia. and are now the haunt of fur seals.
That tlu' successful prosecution of the abovenieniioned schemes would havo the ctl'ecl to drive the
.seals fiom llicir aiciistoiiied course Iheie can be no iloiibi. < iinsiderinir, therefore, ahuie the danger
which is here ihriiitciii'd to the interest of the (ioveintiu'iit in the seal lisberies. and the lame annual
revenui' deiived from the same, I have the honor to sii'jjicst. lor the coiHideration of the honorable
Seeiitniy of the 'Irt iisuiy. the (|Ucstion whether the -.x-t of .July 1, 1870, relalinp to tliose lisheriea,
does not authoiize his intcrfer.nce by in en ns of levciiiiet'iittevs to pi'cvent foreiiriu^rs anil otlieis from
doinj: such an iriejiaiabh' mischief to thi'' valuable intcest. Slionld the honorable Secietary deem it
expedient to send a cntli'r into these waters. I wiuihl respectfiillv sii^nest that a steam-cutter would
ho able to render the most etiicient service, and that it sliould be in the rejjiou of Oonimak Pass and
St. I'anl anil .St. Gcorixe Islands by the Ifitli of .May next.
1 am, verv respectfully,
T. G. PllEi.l's,
Collector.
[From San Francisco Daily ('hronicle, March 21, 1872.|
It is stated in reliable commercial circles that jiarties in Australia are preparinj; to fit out an ex-
pedition for the ca])turc of fur seals in I'eliriiiLC Sea. The iircsent hiiih jirices of fur-seal ftns in Lon-
d III anil the Kuropean imUiUts has acted )i'iwirfiilly in stiiuiilatinji enteiprises of a like character,
lint a few days ayo we nieiit.'oned that a Victoria coiiipaiiy was oi"j:anized for catchinjr fur seals in the
North I'acilic Another jiarry, an ai;cnt leprescntinj; some eastern capitalists, has been in this city
for the ]iastwe.ek. makiiii; iiu|iiirics as to the feasibility of oriianizin;; an expedition for like purposes.
StATK of C.M.U-OKNIA,
Citji mill Coiiiily n/ San Francisco :
I hereby coitifv the ton
("oi.i.F.cTou's Office, Custom-IIoisf,, December 23, 1885.
loini; to be correct cojiics of orijjinal dncumouts on fllo in this otHce.
State ok Cai.ifouni.x,
<Mty and Cntiiily of San Francisco :
■Tohii T. Fie.'avi V. Iieiu" duly sworn, deposes and saysthat the forejioins; are true and correct copies
of orifiinaldootunenta on file in the ollici of the collecior of customs of the port of San Kranciseo, that
he lias coiiipaieii ilic lo'cjioinj: with said oriiiinals, and knows them to he coirect copies to his own
knowledge
• John T. Fooauty.
Subscribed and sworn to before ine this 23d day of December, 188S.
Jon.N E. Uamii.l,
Notary Public.
SKAL FI8HKRIKS IN BKRINCJ SKA.
141
IIiiclciMiirc fi.|
TlIK ALASKA SKIZTUKS.
A comnion-Hvufif rkw of IId' wlmlc xihialinn, — .( Ihoitklini paper niirahx out. — li'lutt in the
/«((•' — The ijridlrnl iiKDilinii- jiKhjc liriiu/. — lliv xciil moiioiiohj.
I From till' Hiooklvn K.ik1<'.|
Tlic I't'ct'iit Hciziiit' (if vcssfls ill Mcliriiij; Sea liy llm I'liiti'd Stiitcs rfvciiiu' >.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 <liii' t<i tlie faet tliat tile t'aliiiiel lias nut liail a iiieetini^ fui' s^iiiie time, and
tliivt lint one '"^'liiiiet iniiiisli r remaiiit'd in WaHliiii;iloii, so that thei" w as a laeU of iii-
forniation oii the siilijeet, whieli was iiiifavorahle to itsdisciission. Now. Iwiwever, wo
liavo sDiiietliiii;^ like an otticial repoit of w hat took jdace from tiie i-aptaiii of the Vor-
win, iiiid the matter is riiie lor the atK'iitioii ol' the press of the I'liit d States. No one
wlio ;fives the Hiilijeet his notice can fail to reioj;iii/.e t he faet that it is one of the most
iinportant (|iiesti<ins thistiovei-iimeiil w.'is ever called upon to discuss, and that it may
involve consciinences ot the highest moment.
The captain of tlie, Cuvwhi, it would ajipi'ar, was ii.-'lini; under positive iiist i net ionn
received at San Fraiieiseo, eommandinu him to seize ami deliver to the I'liited Slates
district court of Alaska, for coiiiiiiiniat ion and seizure, all vessels found enj^aged in
the capture of seals within Alaskan waters, which wer<^ deliiied to iuidiide all of
Bolirinj^ Sea east of the line fro i Hchrmii Strait to a point west of tlio most west-
ern of the Aleutian Islands. llmJer this iiiter]iretation a vessel miL;;ht he iiion' than
50* miles from the main-land of .\meiiea and still a tresjiasser in Aljislcan waters, and
tht'H^fore liahlet<i seizure. The complaints which led to the issiiiiiij ol" thes(< instriie-
tidus came frmii the Alaska Fur Se.il (lompaiiy, who lease the seal lisheries from the
Government for tin; payment of ••?;!I7, (*■'() aiiuiiall\.
Tlie vessels captured were six in iiiiii'lier, three of them heini; <lcHerilied a> 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(!(^<l in by the iitiier maritime jiowers
of the world for a hmg series of years ])rior to the treaty of ;iOth March, 18tJ7. Ho
held that the jurisdiction had been transferred, and that the United States had
acquired absolute control and dominion over the area described in tln^ treaty,
and that British vessels manned by British subjects had no right to navigate the
waters lor the purpose of killing fur-bearing seals. If this is good law, that is the
end of the matter; hut is it good law? Unless w<! are greatly in error, there are
copies of dispatches on the tiles ot the State Department, written prior to ld()7, in
142
SEAL FISHKRIES IN BERING SEA.
which l\w RiisHiai) cliiiiii Ih distinctly rnpiitliiitod and denied. CircnniHtunroH may
have clianifcd NJni'c thi-n hh to our atfitnil«i toward Hie Hiibjt'<'t, hut tlie priiuMjile
has not. And we doiiUt j^rcatly wlit'fJK r the I'nitcd Stiiten would ever have .'iiliiiitted
Hiieli a claim if made liy another nation. Wiiat would be said, lor instance, if the
Ilritish niiderlook to prevent an American whaler from enfcrin<i Hudson Ihiy or
traversing the western half of tiial arm of tln! Atlantic Ocean which le.ids to itf
Maritime law and internatMinal are the same whether on the Atlantic or the I'acilic,
and tlien^ is ciTtainly something' <;rotes(|ne in the si^jlit of hundreds of American
fishermen hoverinir on the Canadian Atlantic coast jnsr lieyond the :<-mile limit and
elaimin;; to Ciller all Iniys more than :i inih h wide at the month and lisli. while on
the Pacilic Canailian vcsstds are cai»tnred :i()0 miles from the niiiii-laiid, and the claim
is niad(^ that a hay more than 1,0UU miles wide at the month shall lie a closed sea to
them.
There Ih another aspect to the case, not international, hut natiimal. One of the
vessels caiitiircd was an American schooner from San Francisco. All other American
vessels, except those of the Alaska Seal l-'iir Company, are, therefore, excluded from
tln'se waters which ariMdaimed as heioiijfiiiL; to Alaska. Is there any warrant for
this in the Constitution of the United Slates? It has lieeii the evil jiolicy of the
nation to ;;ive np the wlnde 'i'eriitory of Alask;i to mie j;i;;antic monopoly, to dis-
coiiraj;e settlement and all lejfitimate enteiprises not connected with the fnr triidt\
Is this policy Ut he (joiitiniied '! It surely was not for this purpose that the Territory
was honf;lil, Imt that, its icsonrccs mij;ht hcdevelojicd, and such parts <d' it as are
snitalile for settlement o|iened to iiidustiions workers. Mnt fornincteeii ycaisAlaska
has heen iiothiii<; hnt tlitr reserve of a ;.;i'eat corporation, which is even now schem-
injjf to ohtain a rciiesval of its franchise there. The matter is one of tlu' yreateHi in-
terest and importance to the American people, who are not desirous of establishing;
monopolies in Alaska or elsewlwre, but wish to see all their territory opened n[i and
made available i'or the use ol" all our citi/cns.
ilnclosure.l
Lellev of Licalvnant-dovci'nor CornwaU.
GovKnxMK.NT HorsK,
I'ictoiia, Ji. C,, .liiiiiml -^i), li*f^i'i.
Siu: I have the honor to report that a few days since I rt^ceived a tide^rram from
Mr. Mason, actinjj British consul at San Francisco, to t\ui followinj; elfect :
" Carolina, Thornton, seized by United States sti-iuner Corwin for illef^al sealini; :
about twenty men from them put on board St. Paul, ar;ived here last iiijifiit ; rliey ask
iiM' fnr protection and to send them to Victoria. Advise me what to do; they are not
cli:ii?ied with any thill};."
Upon recei])t of this, I arranjjed with the owners of the Carolina and Thornton for
the return of the men here, and they arrived on the *i;{d.
The Carolina and Thornton, belonuinir to ditferent owners, are sloops owned here.
and fitted out here for the prosecution of seal tishiii<j; in the North I'acilic and IJehi-
iiig Sea. It .s(!enis, from the ac(M)nnts };iven, that they were peaceably )nirsnin<;their
avocations, and not within 7(l miles of land when they were seized by United States
rev.Minc steamer Corwin, as above stated. .Some of the men were shipped to San
Francisco; the sloojis and their masters are retained in some Alaskan port. This ex-
traordinary and hijjh-handed proeeedinj; was doubtless ]»erpetrated in the intere-sts of
the Alaska Commercial Company ami ostensibly for the prot«^ction (d' the fur sealiiiji
lisheries which are leased liy the (iovernment of tht^ United States to that company.
In lealily it pnxdaims the rij^htof that (iovernment to the sole use of the tisheries of
those northern waters, an idea so prcposti'roiis as to be ludicrous. 1 inclost; a cutting
from a mnvt-.paiier published hen^ whii h uives as correct an account ol the matter as
we have at i)retent, and also a state. i. cut of the facts relatiiisr to rln^ transfer to the
the United States of the Russian American |)ossessions, and of the lease and conces-
sions f^ranted by the (iovernnieiit (d" the United States to Ww com[)any above men-
tioned. The matter has been already laid before the honorable the minister of ma-
rine and lislieries, who opportunely arrive<l here a few days after my reccivint; infor-
mation of it, biitl beg to call your earnest attention to it, so that the whole case be-
ing laid before the imperial authorities, steps may he taken not only to caii.se repa-
rations to be made for the outrage cominitted, but to delinitely prevent any possible
.repetition of it.
I have the honor to he, sir, your obedient servant,
Clkmknt F. Coknwaix,
Lieutenant-Ciorernor.
SEAL FISIIKRIKS IN MERIXO SEA.
143
I.
SKAMNd SCIIOONKIt SKI/.UUKS.
Ah tilt' lute si'i/iirc ol' an Aiiii'iicaii ami tlii'ff liiiti.sli sfaliii;; mcIiooihts liy an
Aiiit'i'icaii n-vtMiiiC'CiitiiT in tilt' Id-liiin;;' Sra arc alniuNt rcitaiM to l<-a<l to iiitfina-
tioiial i'oin|ili('titioiis on acconni of the cxtiavacano- of tlic a.'>--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<lway
between tlie Islands of Krnseiistein or I;;nalook and the Island K'atnianolf or Noon-
aihook, and proi^eeds due north without limitation into the fro/en oei'an. The sanin
western limit hcLiinninji at the same initial point, proceeds thence in a eonrse nearly
son'hwent throneh Mehrin;^ .Sci, so as to pass mi(lwa>' 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, .');"> <cnts for
each gallon of seal oil sold, and to .annually provide the ii.ati ves with a cetain (piantity
of })rovisioiis ;ind find. The months (dMiiiie, .Inly, Sciitemlier. and Octoher, were, more-
over, the onjy nionth.s dnriii;^; w hiidi the capl are <d' seals could he prose(!iitcd. Under
thi.s lease or concession this comitany has perpetuated its monopoly for sixteen years,
reaping a vast ])rolit therefrom. Not satislied with the jirolitic source of its supply and
the facilities atlbrdc<l it forenea^in^ in the hnsiness, the company I'.rjssoiiL'ht and prac-
tically .succeeded in controlling the seal fnr market hy its asjc^n^ssi veness in preteiidinjj
to construe the term " and the waters ailiacent tliei' to,'' as in< .•uiIiik that vast s^ii of
waters inclnded in the limits of cessini! ,,,i,i cl ;ii the Ru, so-Amei ican tveaty oi l)^t)7.
In this interpretation it hasrecei\cd the nnrelaxed sn])poit of the United Slates (Gov-
ernment, whose interests in tlu^ matter are identical with those of the <:onipany ; and
here it may he remarked that the royalty p;iid hy the latter fninishcs a handsome prolit
npoii the purchase money of Alaska Territory.
One or two American revenne-cntters arc always cmisini;- in the 1'." i-mij; Sea
and that portion ot the North Pacitic to the south of the Aleutian Islai ■' > 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*<in;;in
consonance with ^ovi rnincntal oriii-i>, 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 <ir frauds commitled hy the Republican party there is jirobably
none more palpabh* or positive, yet better concealed, than the a<;(iiii.sition and di8])o-
sition of Alaska. And it seems stran;;e that our peoide could rest so lon^ Hiul so
(piietly under so {j;reat a wron;; iis has been committed. T!;t! |tnrcliase of Alaska from
Russia was all ri;(ht. It was a ;;ood investment, and reflects credit on Sec^'etary
Seward and the administration that consiimmatiMl the purchase. Bat the dispositiou
of it afterwardK *v.is all wrom.;, and is a ;;ross injustice to the American people, and
is a piece of secret history that may never b*; written.
Let ns br'elly view the facts. Alaska was boii^^ht for about $7,000,000, ami paid for
otit of the coimnon treasury of the United Stiites, and then what was done i Was it
thrown open to settlement, so that American citizens could search out its hidden
wealth and develoji its wonderfiil resources: No, but on the contrary it was closed
Tip like a sealed book iiiid handed over to the caro and custody of a i)rivatt.' corpora-
tion to draw uiillicnis from, while American citizens were carefully excluded or hunted
like pirates, if they ventured within its limits. Of course, it is clainmd that the
Alaska Commercial ("ompany merely aeciuired the ri;;ht from the Government to the
two small islands of St. Geor;;e and St. Paul. But let any person attempt, to lit out
a small ves.iel for the jnirpose of tradin;r or huntiii;; in Alaska, and he will soon dis-
cover that the Alaska Commercial Company are sovereigns, and reign supreme over
all the broad territt)ry, and the collectors of customs and all the revenue otticers of
the Government seem to be their servants, and stand ready to do their bidding. I
Haiti the rights aciiuired by this company are a part of the secret history of the
country; how they obtained this valuable franchise nniy never be known to the pub-
lic, but it is (daiiiK^ I by many that it was simply the result of downright bribery and
corruption from Geieral Grant down through each department of the Government.
And money has been poured out freely to obtain and maintain their ill-gotten rights.
I
SEAL PISHKRIEH IN BERING SKA.
146
I
But it would take ton iiiiicli i)f yniir valiiabin Hpnce to (Hhcuhh all that Ih involved in
tluH |)ti tiitt <|iii'Htii)ii. I'IiIn )i;raH|)iii;r tiioiiopoly, not satistii>d with tli*« nlinoHt ex-
(■luHi^ ,ri)l of tliiN vast domain, containing ovurftdO.OOO Nciuant niilos, now »Hmini»
Iho <t\\ ... iHliip of tli<< Brlirin)^ Sea, and an* cinployin); tlit'ir .scrvantH, tlio roveniie
otllcialH, to hunt down and Hci/.t^ tho litt!« hunting vessels that Inivo I n K"''iK "P
lher» tor thi< pa.st tVw yctirs to hnnt lor nciiIh in tlie oiicn .s<<a. But, fortnnatt'ly for
American citizens, tliey liave jiroliahly >ione a Htep too tar, and l>y sei/.injr tlm British
vesHcls the <|neNti(in of tliis conipun.N's title may he tested and decided.
The (pieHtion may l)e asited, How ilid tlu« AlaHiva (Commercial Company acqnire a
title to Beliiinn Scji ' I'^'rhnps it may l>e aiiHwered, tVom the United Slates (iovern-
ment. Well, iiow diil the I'nilcd .Slates (Jovernment olilain the title? It may he
aiiHWered a^iain, from Rnssia. Mnt. wiien and liow did Russia evei- oliiain exclnsive
contnd of tiiis vast sea, and hy what liyht did she convey it to the Uniled States F
Kor it apjieais thai in thf conveyance oi' ihis territory hy Rnssia to the I'nited Statt^s
they drew the divitiin;; or hcnimlaiy line down ti)rony;li tiie center (d' B<dirin)^ SlraitH,
and tJKMidown thion^h the Alentiaii Islands to the meridian ITIt dei^iecs west lonjji-
tnde. May they not as well have eontiiiued the lincHonth thr(>n<;h the Pacilic Ocean
to the Sonth I'ole, and thus divided Ihe whole Racitic hetween the I'niti-d .States and
Rnssia. I say it is fortnnate that thesi' Mrilish vessels have hecn sei/.td, hei-ansu by
this means, and pi'oltivl>ly mily l>y sindi means, could one ever hope for a satislactory
solntion ul' this i|ue»tion.
It would he a ho)ieless n' dertakin^j for an oliscure citizen of small means to seek
redress, eithei' through our courts or tlu'ou<;h ('on^^re.ss, for wronj^s iiillicted upon him
by this soulless and overlieai'iny; company. The immense profits acci'i|tii;f to the com-
jiany frtun their franchise iilfords them the means to head olf lejjal redress ami to con-
trol ConfrrcHsmen by subsidizinj^ them.
Once in awhile the (!o\'ernment sendsoiit a ctMiimiHsioner to examine into the coin-
l>any's alVairs, to sc/ if Ihey kill the coirect number of seals, etc. When he arrives
in San Francisco, a fnie steamer is leady to receive him and convey him to tlie ishimls,
and, heiny so niicly treated ami entertained, he could hardly fail to find cverythinif
all right.
Then he returns to \Vashinj;t(m and thi^ comitany reiiuircs the service of an a<;eiit
to watch Coii^ircss, and sec that no unfavorable lc;;islaHon is ena''tcd. So lui natt*
paid by the (ioveiniiient to watch the coiupiny, and jiaitl l»y the company to watch
tlie (joveinnient, and conseiiiuMitly his trip is a. very I'leasant and |>rolitable one.
Our it^venne vessels have l)eeii kept criiisiii;^ in the Alaskan waters for years, undi'r
various pretenses, hut their real business is to watch the li! li' traders and hunters,
and to jtrotect the inten^sts of the Alaska ('ommercial Company. They ;l;o ther(^ to
prevent tiadin;;' and they hecome traders themselves. This hits lieen bron^jht home
so closely to the (iovcrniiieiit that notice had to be taken of it and a check placed
upon it.
But 1 must really he;; pardon for making this article so long. The only point that
1 really intended to call attention to is the new (inestion that is raised by tlie seizure
ot"t!>ese Vessels. l)oes tilt; lease of the Alaska Commercial Company give them the
excdiisive use of I'leliring Sea f Will England admit this if I think not, ami it is to be
hoped she will not. If we have a corporation so powerful thit our (Jovernment can
not control it perhaps ICiigland may ludp iisont. lliiiniliating as this may H<*eni, it
is better than tin* ])resent state of alfairs. It were as w«dl that Alaska had remained
Russian territory as to h;iv<' become Ameiican only in name. By publishing this
and getting public attention dii'ccted to this subject you may aecomidish great good
and contribut«» largely to pii-vent, a renewal of this infamous lease, and thus break
up an overbearing and oppressive monopoly.
Rt.'8i»ectfullv,
J. .1. WiNANT.
[iDclosiire 8.]
Copy of letter fvom Daniil Mimroc, mmtrr of xchooner Onward.
Schooner Onwaro, I'oirr Imomk,
Ootialaskn, JmjuutT, IHNi.
l)KAi{ Sm : On the 2d, while the Onward was in latitude 54" W N., longitude 1G7^
.""ir)' W., and about Tt) miles from the nearest land, the United Stales revenue-cutter
Corwi tt, having the schooners Thointoii anfl Carol hia in tow, boar«led lis and sent a crew
on board and towed us in here, where we are lying at ])resent, with sails bent and
seals on board, and a watchman in charge, but can't liiul ont what they intend to do
with us, so I can't say anything more al>oMt it a^ picsent.
I met the Favorite on tin! '.iHth. ('a|)taiii McLean was on board of us. We gave him
S. Ex. 100 10
146
SEAL FISriERIES IX HERING SKA.
508 skins iiiid tlicy liail l,-i90 tlicy ti>.:'«. tliiMiisclvcs, iiifikiny; tliciii I'l.oiit l.HOO total :
and, art \v(^ 'vcrt^ in si;; lit of t-afii otli.-r .iiitil ilif ni;;lit of the 1st iTisfaiit, lif imiHt havo
iiiude a }j;o()(l cafcli, for we have liH' sUius on lioai'd at in'i'scnt that \\i' took iti four
dayH, and I .'uii i)oKiIiv() lii.s cro^vd could taku twice lliat niinilxT. as wc have not yot
tlie best of scalers.
I liclieveall the iselinoiiers done \vi il, and I trii«t they will j-et aw.-iy all ri^jlit. ThertN
is no cutter our at present, as 'liere in only two of them u\) Ihtc, on ii' tlieiri np in
fbe Arctic, and the other tiiat hroiiiiht ns hero i.i still wateliinj^ ns ' re.
Wo may find ont to-day h<.\v they Jire fjoiiic; to disiiost! of ns, hat I am in liopes
vhey niado fals(! stejis, and that they can do nothing; more; ihan spoil the season.
They took the, scIiooikm' .S«(i L'ifijo in here ahoiit a niontii a<^o and took the skins
ont of her, an:S niibent her sails and pnt everythinji ashore, an<l iluy are sendinjj; the
crew to San Krancis<-o to-day iii one of the Far Company's sfeanh-r^. St. Paul.
Lut'T on, liave In-ard nothing more., i<n!v the crews of the Thoruioii and Carolina
are goiiifj to San Francisco to- i;>y in the st. anier St. I'aiil, except the captaiu and one
man of each vessel, hnt they took none (d'(^ar crtnv.
Thert! are rumors atloai tliat the three sctuxniers aie to he laid nji here all winter,
and that 've are to he taken to Sitka, hnt no certainty. 1 wrote ,\oii this morninfif »•:
the hojit was having the. \\ harf, thinking that she was {^oiiij^ awa>', hnt she came to
anchor in the loatis, and I dnn't think I finished it ; 1 was afraid of heinj; hii^'. We
sent a protest on board the cntler af^ainst t iie action of thi' anthorities in seizing the
vessel on the hi>{li seas, hut I don't know if it will anionnl to mucli ; there is no notary
public here to si<;n it. I h.ave notbiii;^niore to write yon. Trnstin}^ thinj^s will tnrn
out better than we expect,
1 remain, etc.,
Dam.. MiNHoK.
CltAULKS Si'niNCi, Ks(|.,
f'ictinid.
I Iiiclosiiri- 0. 1
Mr. Willhnn MiDi.sic 'it tin' Hon. Cenri/r K. I'oslcr.
ViCTOHIA, I^I!ITI>il Cnl.IMItlA, XiiViillhrr i.'', lf<rt).
l)i;Alf Siii : .\s our seaiini; sclioom rs will leave N'ic'ori.i on oi' ;ih(iiit 'lie UMhof
Decemiier lor the sealii <j; expeditions of IKsT many of tiii'ni will uotreinMi to Vic-
toria until Sept e nil II r, or, in otle'i' w ords, not until ill*; Hehriii;,; Sea trip is cuinpleted.
We are exceediinily aiiNJoiislo know what is bei;,y;(|oiie ill the case of our sei/.ed
vessels, and wheiher or not we may look for j)r<'teei ion .•lJ^ain^t wlni! we, and even
tht^ ,\uieiicaii i)V( ss, is ]iiease(| to tei'Tii |>'raey. We h:ve no oica^ioii to iuteilere with
the Alaska Comniereial ('<uii|>aiiy's rights on the I'rilioloif Isl.auds, iKirdo oiii vessels
come anywhere near 1,'ind. 'I'lie fact is we take oiit '.'.t >e;i fioni oU to lt'0 miles, what
the lion. II. Elliot, of the Smiths(;nian Inst it'.t ion, in his n-poi't of 1S74, on the Seal
Island, «^•ll!s bachelor seals, or those not rt<niiicd on brecdiiijr '^^roniids, to which re-
I»ort I would iu pleased to draw your iJteiii ion. Thi' industry is of toomurh imj)or-
taii<'e to ','aiia<la to allow the Alasi;a (,'oiiniiercial Coinpany to dictate ■,vho shall and
who shall not take seals (ui the liiuli or I'elirinj;- Sea.
For the season of 1SS(! theie was bii'ii;^lit into Vi>'loi'ia, from the I'acilii' Ocean i;!.i!
Ib'liiiuf:; Sea, ami .•^hipped I hen fioni to Kh;;laiid and the United States, .Mi^cDd skins,
Viiliied at abo:il S;{or),(lil|l. It is evident that the business is worth jn'otect in^;. .Inst
here allow me to con) raiiict ;i stateiei'iit made by Sjieeial .Vj^i'iit Sinjili, of the ITnited
States Treasury l)e]iartiiient, in which he says that threc-loiii-ths of the scala shot in
tlui w.'iter sink and an^ lo^ t
From the exiierience of our hunters 1 mainlaiii but a siiiall itercenta^e is lost in
this way, piobjildy not over one in lii'ly. I doubt if the loss is as j^reat as t liai eimsi-d
by the reji'c ion of skins after beiiiir clu'-b.etl by the .\laska ('e.iimercial (^uiipany on
the islands, to which rcfei-enee is madi in the tables of Elliot's repiufc, The Amer-
icans tbcmselvi's iii l^'il reiiiii'ciatcd III isia's claim to the liehriuu; Sea, when iviissia
sei/.ed the Koston brl;^ /V(/; / for w hali <i. Two years later Ru.ssia had lo<;ivothe
vessel u)) and pai<l ilama;ies,
111 coiudiisiim I may say that the Kci/eil skills are li.'ibl'i to be valueless on acciuitit
of ne^ilect. Ca|)tain ();;il\ii"s bo'iy has Ix'cn discovered. A jury was impaiuded,
and a verdict was ;;iveii in aeetu'dance with the tacts (d" tlu' cjise. Ilopiii^; you may
be pleased to advise us in this matter bcl'oie our vessels sail, you will confer ii j^reat
favor on
Vour most obedient Mcrvant,
W.M Mt'NSIK,
I'k'loriii, Hi'itinh I'oluinbia.
SEAL FISHERIES IN BERING SEA. 147
No. lis.
Mr. Stanhope to Lord Lansdowne.
[Telefjram from the secretary of otiite for the colonies on tlie Ist of Dccvmber, 1886.;
Her Majesty's Govenirneiit lias matle a imitest againsl tlie seizures
by the United States of Caiuulian schooners in Ahiskan waters. An
authentic report of tlie trial is awaited by the United States Govern-
ment.
Secretary of State.
The GoViiRNOR-GENERAL,
Ottaicn.
•* No. 1]1>.
Lord Lansdowne to Sir L. West.
Ottawa, December 9, 1886.
Sir: With r».ference to the administrator's dispatehcf, No. 15 and
10, of tlie 28th September last, 1 have the Honor to forward, for your
information, a copy of a dispatch whicii I have addres;u'd to th.e ri^^ht
honorable the secretary of state for tlie colonies, traiismittii,},' a co|)y
of an approved rejmrt of a commirtee of my i)rivy council, lated the
20th ultimo, dealiu}; with tiie seizure of tlie Canaiiiaii sciiooiiers Caro-
lina, Onward, and Thornton by tlie United States revenue-cutter Cor-
win while tishmjj for seals in Lehiiiig Sea.
1 ha\ »', etc.,
Lansdowne.
31INISTER at WASIIINGiON.
No. 120.
Sir .' Wrst to the }inr<iniN of Lansdon-nc.
\Vasiiin(1TON, Ihrnnher 12, lS8(i.
Mv Lord: 1 have the honor to a(;lviiowIcd<je the I'ceipt <»f your ex-
<!ellencv's dispatch No. 82, of tiie JHIi instant iiiciosinjr for my informa-
tion copy of a ilispatch and (»f its inclosiin's add .sscd by your cxttel-
lency to t'le secretary of state Ibr the colonics, dealiiiu- wit Ii tlie seizure
of the ('anadian scliooncrs Candina, Onirard, and Thornton by the
United States revenue-cutter Corivin whih^ lisIiiiiLf tor .seals in UehritiL''
Sea. " ^
I have, etc.,
L. S. Sackvilt.k West.
His Kxcelletiey the Mar (lis oF Lansdowne, G. C. >L G.
148
SEAL FISHERIES IN BERING SEA.
No. 121.
Mr. Stanhope to the Marqtiis of Lansdowne.
Downing Street, December 16, 1886.
My Lord : "With reference to my telejfraiu of the 1st instant, respect-
ing the seizure of Canadian sealinj? scho<niers in liehring Sea, I have
the honor to transicit to you for conimunication to your Government
copies of the letters noted in the margin, with their inclosures, which
have been received from the foreign office.
It will be seen that the United States Government are awaiting an
authentic report of the proceedings in question before replying to the
representations made to them by fJer ^Majesty's minister at VVashing-
ton.
. I have, etc.,
Edward Stanhope.
Gov. Gen. the ^NFost Hon. the Marquis of Lansdowne, G. C. M. G.
[IiiclOHure 1. 1
The Foreign Office to the Colonial Office.
FoHEiGN Office, Xoremher 16, 18H6.
Sir: With reference to the letter from tluH oHice of the the 'Jth instant, I am di-
rected by the secretary of state for foreifra atlfiira to tranHinit to yon, to be laid
before Mr. Secretary Stanhope, copies of dispatches, as niarlvcd in the nnirgin, from
Her Majesty'*! minister at Washington, relating to the sei/.nre of sealing schooners iu
Behring Sea.
I am, etc.,
T. V. LlSTKR.
The UxDEK Skckktakv of Statk,
Colonial Office,
lliiflosuro 'J.]
Sir L. West to the Earl of Iddealeigh.
W>siuNCiT()X, Octoher2l, ItiSO.
My Loud: Upon the receiptof your lordship's dispatch No. 181, of the lUh uitinm,
I immetliately addressed a note to the secretary of state, in accordance with the in-
structionH therein contained, an«l copy of wliicii is herewith inclosed, recinesting to
be furnished with any pi;.'ticnlars which tiie United htates (iovernn"'nt nniy jtossess
relative to the seizure of certain British Columbian seal HclK<;;,ierH by the United
States revenue cruiser Concin, but to which I have received uo rejtly.
Upon the receipt of your lordship's telegram No. 15, o'. yestenlay's date, I id-
dresoed the note, copy of which is likewise inclosed, protesting in the name of Her
Majesty's Government against the said seizires, and reserving rights to compensa-
tiou.
I have, etc.,
L. S. Sackvili.k Wk8t.
SEAL FISHERIES IN HEKING SEA.
149
(IncloBurf 3.]
I
Sir L. ll'ent to Mr. Jlat/artl.
\Vasiiix<jton, SeittemhiT 27, 188(5.
Sik: I ha\o tlie lioiioi- to infornj yoii tliat Her Majesty's GovfriiiiHiiit have ree«Mved
a teh'gniiii IVoin tlu' comiiiaiKlfr-in-cliirt of Ih^r Ma.jfsty'.s naval fort't's on tlio Pucitic
Station reHiiectinjf ilie allc^fd Htizuio of throe Hritish Colninltian seal schooners by
the United Sfat«'M revenue cruiser Corivin, and I am, in conHeqiUMice, itistrncted to re-
qnest to he fiirnislied with any particulars which the United States (iovernnicHt may
possess relative to tiiis occnrreiice.
I liave, etc.,
L. S. S.\( Kvii.r.K West.
lIucIoHiirc 4. J
iiir A. ii'ent to Mr. Bayard.
WASiiixtiTox, October -il, 18HC,.
Silt: With refertuice to my note of the 'iTtli ultimo, re(|nestinju; to he fnrnisiied w^ith
any i)articulars which tlu) United States (Joveninieut nniy jiossess relative to the
peiznre in the North l*aci(i(; waters of three British Columbian seal schooners by
the United States revenu«! cruiser Corwiii, and to which I am without reply, I have
the honor to inform you that I am now instructed by the Earl <«f Iddeslei-fh, Her
Majesty's i)rincipal secretary of state for foreijju affairs, to jirotesi in the name of
Her Majesty's GovernuuMit agaiust such seizure, and to reserve all rigiito to coinpen-
uation. '
I have, etc.,
L. S. Sacknii.ke \V.<:st.
jIiicloBiiro .'>.]
Sir f.. U'ext to the Karl of Iddt'Hicigh.
WASIIINtiTO.V, ()ctoblT'>l, IfiSC).
My I.ord: With reference to your lordshi|i's t<degraiu Xo. 1<>, if this day's d.-ite,
I have the honor to inform your lordship that no answer has :i yet been returned
to the conimunicatiou which, in obedience o the instruirtiou' mntainiMl in your
lordship's dispatch No. Iril.of the Dth ultin , I addn-ssed to tin- Secretary ol State,
asking to be furnished with any particulars which the ' nited States (iovernment
may jjossess relativ,- to thti seizures of Hritish vt'ssels in i i ''ig Sea, and that 1 liave
at present no know. !ge of any apical having !»een m.idea;; .nst the di-ciHions ot the
United Stat—i courts condemning the parties concerned. 'I'healu've inlormatiou was
telegraphed lO your lonlship this day.
I have, etc.,
L. S. Sa( kvii.i i: Wkst.
[IiicloHuro (!.]
The Fontiijn Officf to the Colonial Officv.
FoUKIUN Oi'KicK, Xoirmliir 20, 1880.
SiH : 1 am directed by the Earl of Iddesleigh to requct that you will state to Mr.
Secretary Stanhope that the telegram fnun the governor-general or('ana<la, relatin;_'
to the seizure of liritish Hchooners in Hehring Sea, which accomiianied your letter r
the 14tli instant, has bei-n «'omuiunicated to ller Majesty's minister at Washington.
1 mil iM)w to transnii'i, to yoi? a telegram received from Sir 1j. West in reply, and 1
am to state that the dispatch numbered '2.'>0, to whi' h he alludes, has not yet been
received, and that a copy of it shall be communicated, for Mr. Stanhope's informu-
tion, iiuinediatuly on its arrival.
1 am, etc.,
T. V. LiSTKK.
The Undkr Skckktakt ok Statk,
Colonial Office.
150
SEAL FISHERIKS IN BERING SEA.
. [Inclusuru 7.)
Telegram from Sir L. U'vat,
NOVKMBKU 11), 1886.
Your loitlhliiii'H toh'firain No. !2(t. See my (liNpntch No. 2r)0. Secretary of State
will rejily to your lordsliiii'w No. yi4 an noon as posHibie.
\1
[Im^loBiiro 8.
The riinifjii Offirr to the f'olvuiul (>J}Uv.
I'OKKKiX OKKKK, So
SlU : ^Vitll n-i'.rfiice to the letter tVoin tliis ol'ticc of t lie •">tli inst
by the secretary of state for forei^rii allairs to traiiHiiiit to yon, to
Secretary Staiilioiie, coiiifs of tvo (lispatclie.M, as iiiarUeil in the i
Majesty's niiiii.ste;- at W'a.'-lnujrton, relatiii;; to liic sei/iire of lishiiijj;
waters.
I am, etc.,
The l'M>KK Si ( KKTAiiY (»i- Stati;.
Colonial Oj)ic<.
rrmher '
ant, I a
be laid
marfj;in,
vessels
26, 18r!6.
in directed
before Mr.
from Her
in Alaskan
T. V. LiSTKK.
1 Iiiclosiiic !(.
Sir I.. I' cut to the I'lirl tif lild'xlnijh.
Washington, Xoronl'tr {•>, lf8G.
My LoiiD: 1 Iiave tlin lioiKir to acUnowledjii^ the receipt of your lordship's dis-
patch No. '^14, of the |{()tii iiliimo, relative lit the sei/iir<' of the schooners CiiroUna,
Ottuard, and ihnrHtnn, in ilie waters of the Nuithein I'aeilic Oeian. ailjaeeiit to Van-
couver Island, <,>iieen t/liarl"lte Islniids, aii'l Alaska, and which I'liriiied t In^ snliject of
my note to the Seeictary ol' ."^tati; of lhe'.'7lli .Sepii-iiilier la.st, to which no reply has
been received.
At an interview whitdi 1 hail this day wilh .Mr. M.iyard I alluded to my note, .ask-
in<; for .•my particulars which tlie I'nited St.ilts (iovi'iiiineiit, iiii;;lit possess respect-
inj? the si'i/iires in <iiieslioii, and he immediately said that he mii.st apoloii;izo for not
liavinji replied to it, but he had, lie said, as yet rect'ivt'd no rejjoit of the procedure
of the courts in the matter, and ha<l, for t'.iis reason, del.iyed his answer.
I then said thai 1 was instructed to make him aci|uainted with the information
witii which ller MaJesty's(io\ eiiiineiit hail been fiii iiished respeitinj; this iiialter, and
that I had received a disi)aleh to thiseli'ect from your hiidship, the siilistance of
which I iiroceeded to tiive him. lie remarked that h(> was not in possession of the
infornnilioii contained in your lordship's dispatidi. owinji, he ]»resumed, to the com-
mnnicatitui with Hnuland l)y \'ancoiivtr Island beiiii; iiiiicker than that with Wash-
injiton by I'ortland lOreiion).
In f;ict, h(^ said tln^ Territory was not i»roi)ei ly or;r.iii;/ed. lie had not, moreover,
reached the exact nature of the ii;;liis ceded by Russia to the I'nited St.ates, Init it
seemed cle.'ir that K'nssia, previous to the cession, i' ntiiide<l that Hehriiiy Sea was
a nier ferme: ; whereujion I remarked, "ami ayainst which contention the United
States'in-otested." " Yes," he replied, " at Unit time."
Mr. Bayard's manner was most ccuiciliatory, but he evidently wished to avoid fur-
ther discussion <m the (contents of your lordship's dispatch, of which he asked uie for
a copy, whicli I |>laced in his hands.
I have, etc.,
L. S. Sackvii.lk \Vk8T.
The Eakl ok Iddlkhlkuui, G. C. B.
SEAL FISHEHIKS IN BERING SEA.
151
[Inclosure 10,]
Sir f.. fl'mt to the Earl of IddcaU'igh .
Wasiiinc.ton, Xovtmbir 11, 1H86.
My Lord: Witli rcfcn^nce to my diHpatch No. 2'M, of tlio *JlHt ultimo, I Imve the
I' lionor to iiicloso to your lordship hcnuvitli copy of a not*' wlilcli I liiivi' roct'ivnd from
the Socrt'tary of 8tat(? oxplaiuiufj and a|)oloj;i/.iii;f for the delay whifh liaH occurred in
reidyinj; to uiy note of 'i~lh Septemlter last, askiufj feu- information reHpectiu;^ tlie Meiz-
ure l»y the United States rev»v.iu<i-cuttcr Coruiii, in the l?e]irin<j Sea, of British ven-
Kei.s, and notin<; the, jirotCHt on the pariof Her Majesty's Government ai^ain.st such
Hei/,!ires contained in my note of "Jltst ultimo, copy of which was inclosed in my
a 1)0 ve-men tinned dispatcli.
1 iiave, etc.,
L. S. WK.sr.
The KaijI. ok n>l>KSM:i(;ii, etc.
(luflosure 11.]
Mr. lUujard to Sir I.. U'tst.
Dki'akt.mknt oi' Statk.
Sik: Tlie delay in my reply to your letters of Septeniher '21 and Octoher Ml askinjj
for information in my jiossession conccrMiiii;' the. sei/urt^ hy the I'nited States revenue-
cutter Cortvin, in tin* Helirin^Sea, of Britisli vessels, for aa allej;ed viohuion of the
la'" '>f tlie United Slates in relation to the Alask.'i seal lislieries, has heen eausid by
my wailinjn to receive from the Treasury l)e|)iirtuient the information you desired. 1
tender the fact in ai)olo;.;y for the delay and as the reason for my silence, and repeat-
in;; wliat I said veriially to you in ou'' conversation this mornin;;, J jun still awaiting;
full ami authentic reiiorts of tiit> judicial trial and judgment in the eases of the seiz-
ures referred to.
My a]>plication to my colleague, the Attorney-General, to procure at) authentic re-
port of these jirocecflings, was jvi imptly made. :ind the del.'iy in furnishing the re-
]>ort doulitless has arisen iVom the renmtem^ss of the place of trial.
So soon as I am able 1 will convey to you the facts as ascertained ii the trial and
the rulings of law as a))plied by tlu^ court.
I take leav ' also to acknowledge your communieaticui of the "ilst of (^ctolier, in-
lorming \\n'. that you h;id been instructed by the Ivirl of Iddesleigh, Her Maji-sty's
;iriiicii)al secretary of state for foreign atiairs, to jtrotest agai::st the sei/ure of the
ves.sels above referred to and to reserve all rights of c(Mnpeiisation, all of whiidishall
reci.'ive resi)ectful coiisidei at ion.
I have, etc.,
T. V. llAVAUf.
Sir L. VVi:sT, ktc.
[IiuIij.Siirt! 1-.]
The Foniijit Office to lhe\CoU)nial Office.
KoHKIGX Okkick, yorcinlirr V'.>, 1^H(5.
Sir: With rcA-ienci- to my letter t>f tin? JtJth iiist., I am directed by the sect >tary
of state for f;!r^.ign all'airs to trjinsmit to you. to be laid before Mr. Secretary Stan-
hope, copy of a dispatch as uuirked in the margin ir, r'.g.ird to the seizun; <d" sealing
schooners in IJehring Sea.
I am, etc.,
T. V. LiSTKll.
The Undkk Secrktary ok SrATK,
Colonial Office .
[Iiicloniiro i:t.] .
Sir /,. S. IVcst to the Karl of Idihxlriiih.
\Vasuis(JTon, Xoviviher lit, ld8(i.
My L«)KI>: Upon tin? re<'eipt (d'yonr hudships telegram No. Id of yesterd.ay'n date,
I Nought nil interview with the Secretary of State and asked hiin whether lie hu«l re-
ceived theonicial report of tlie luoceeding.s of tiie court at Sitka (Alaska) against the
152
SKAL FISHERIES IN BERING SEA.
Britiub vohscIh seizod in liehring Soa. Mr. Bayard repliwl in tbe iicpitive and Haid
that he bad been uryinjj tbo Attorney-General in tbe nnitter Hince be last saw me.
It wonid be, be continned, a eoiii]tlicated (jiieHtion of jiiriHclietion, for be had been
told that many of tbe weal skins fonndon board British vessels were skins of seals which
had not been shot, bnt elnbbed, which proved that a landinjj had been elfected.
Hesai<l that he wonld re])ly to yonr lordship's dispatch, \viii<;li I had comuiunicate<I
to him, as sooti as possible.
I have, etc.,
ii. Sac'KVIi-j.I': Wkst.
The Eari, of Iddeslkkjh, etc.
No. 11>2.
Colonial Office to Lord Lansdoime.
DowNTK(; Street, January 14, 1887.
My Lord: I am diioftcd by tlio .^ocrctJiry of state to transmit to
you, for tlio information of your (loverumiMit, tlie (lotunient specititMl
in tbe annexed schedule.
1 have, etc.,
liOUERT (4. W. Herbert.
The officer adininifiterinfj the Government of Canada.
[Iiiclosure.]
Foreign Office to ('oloiiial Office.
EoRKiON OkI'ICK, Janiiaiy'S.i, l."^87.
Sir: I am directed by tlie secretary of state for foreijin afhiirs to re(|iu'st that
you will inform the st-crctarv of state bir the colonies that Her Majesty's minister
at WasbiiiKton has reported that the I'liili'd States shi]» ThctiK bus bten ordered to
join the I'acitic s(|nadron, and will be employed in tbe waters of Alaska.
1 am, etc.,
r. W. CCRIMK.
Tbe Undkr Skcketakv of Statk,
f'oloiiial Office.
ti
ii
S
a
No. i-'a.
Lord Lansdowne to Mr. Sktnhope.
Ottawa, Januatif 13, 1887.
Sib: With reference to jjrevious (!orres|)ondence resjM'ctinjj the seiz-
ure of Canadian sealiu}? schooueis in liehriujr Sea, I have tlie honor to
transmit to you, in order that reparation may be sought f iom the United
States (lovernment, a eoi)y of an apjiroved rei)ort of a committee of the
privy council of Canada, submitting; papers containing; full statements
of claims for damajre sustained, and (!omj)ensatiou (lemanded by the
owners, masters, and mates of the schooners Onuard^ Thornton^ and
Carolina.
I have, etc.,
Lansdowne.
Right Hon. Edward STANnorE, etc.
SEAIi FISHKRIES IN BERING SEA.
153
|Tni'Io8ure 1.)
Certified copy of a rrport of n rommittie of the honorable the priri/ council for Canada, ap-
proved bji hin esctllency the govcnior-yiiicral in council on the 'Ard ifanttari/, 1887.
On a report, dated '27th Dcrcinhcr, 1880, from tlie iiiiiiisttT of nmrino and fmlieries,
Bubniittin^ paptTH containing fnll HtatemcntN of rlainis for dania;i;e Hn.stainod, and
conipeiiHation deniandtd by tlie owners, masterH, and mates of the Healinji schooners
Onward, Thornton, and Carolina, which vessels were seized hy the United States rev-
enue-cntter Corwin, in Hehrinj^ Sea, in Anjinst, 188(5, and coneerninjr which full ror»-
rosentations have been made to Her Majesty's Government in dispatches bearinjjdi'.te
respectively the '2'.'A and y4th of September, and the yi)th of November, 1881), ami
recommendinjj that copies of the same be transmitted to the rij^ht lion, the princip.'il
secretary of state lor the colonies, in order that reparation may be sonyht from th>'
United States (iovernment for all damajj;es ai'id loss to Ibitish subjects eonseiiuent
upon the ille^jfal action of the Unitetl States ofHcers in the cases referred to.
The committee, conenrrinj; in the above, advise that your excellency be moved to
transmit copies of tin; paiiers aceor<lin;jly.
All which is respectfully submitted for your excellency's approval.
.JoH.N .J. M'Gkk,
Clerk I'rivji CotincU, Ctniada.
flncloKiire 2.|
SiATKMENT OK CLAIMS OF OWXKltS AND OlFICKIlS OF SCUoONFlIS ONWAIil), CAKO-
I.IXA, ntOHNTON, AND FAVOKITi;.
I.
The chiini of Daniel Mnnro, mauler of the Jiritinh .schooner (hiuard.
aim against the Govemnniit of the United States, or whom it may concern,
ini ofeijjht thousand dollars (■'riH, ()()(). OO) for loss of wa<^es, layout, dai'iaj^es, and
unity for illej;jil seizure of the schooner Onward, by the commander of the United
8 steamer Coruin, in the Rehrinjis Sea, on the lirst Au>.'ust, 18"^(> (or thereabouts)
i)r detention an<i subscfiuent wi-on<;ful imprisonment i i ga.)! at Sitka.
I claim against the Govemnniit of the United States, or whom it may concern,
the 8UI '■••■•> , ■ ,. ,..,„........, ...
indcmi
States
and for detention ami subscfn
Danif.i, Mi:ni{<k,
By Edoaii Ci!(/W JUkkis,
ll)s Jtlornci/ in fact.
VlCToniA, B. C, 2()//( October, 1886.
n.
'J'hc claim of ll<inn (intlormnen, niantcr of the liritinh nchoontr Thornton.
I claim aKainst the Government of the United States, or whom it may concern, the
sum of eifjht thousand dollars (^8,0(io.(l(i) foi' loss of waj ■>, layout, damajics, and in-
demnity for illegal seizure of tlie schooner Thornton, by tiie commander of the United
States steanuT Corwin, in the Beluings Sea. on the Ist August, 18^(5, and lor deten-
tion and Nubsci|nent wrongful im]>risonuieut in gaol at ."•ilka.
Hans GrT'oitMSKN,
By Kd(;ak ("how Baki:r,
His .itiorni 1/ in I'lict.
VICTOKIA, 15. ('., i!0//( Octohtr, Ipt^;.
111.
British Columbia, io vil : Damntjei* rlaimcd hi/ the owner of tnhooner Carolina in rrnpect of
her seizure hy the I'nited UtatcH S. S. Coruin, while fishing in Jiehrimjx iSra.
I, William Munsie, of Victoria, B. (,'., owner of the British schooner Carolina, dn
solemnly and sincerely declare :
(1) That the value of the said vessel at the time of her seizure by the United
States S. S. Corwin was 84,000, and the cost of her outfit when she left Victoria for
the Behrings Sea was $:J,000.
^
154
SEAL riSlIEIJIES IN HKKING SKA.
(2) Tliat kIic canii'd ii crow of eleven iiu-ii, and tin* estimated wa;;o.s duo to the
iiuiHter and incii for four niontlis from tin- I'lth day of May, Iri'^ii, to tho timu of the
retiH'ii of the said men to Vic.toria is !f4,r)()0.
(;{) That at (lie time of lier eaiiMire by the Corwin Hhe had (JSO neal sliiuH, which
were worth, at $i7 eacii, $4,H(»'i.
(4) That tlie iirol)al»le (tateii for tlu! McaMoii, estimated on the nnmherof skins taken
by tlie Hcliooner Muri/ Kllfii, wliich was '.\,'f'v\ sidiis, and by tin- niiml»ero( skins taken
wlien tli<< said schooner was captured, would be :{,t)UU skins, tlie vahie of which woiiUl
be !j-^l,(H)l).
(;■)) That the h'ss sustained by ine in conseipience of the <h'tention of the said
sirhooiier, anil my lieinj^ unable (i> employ her in ordinary work after the sealiufj Hea-
Hon is over, is sJ-'iO a moiitli, wiiidi sum I claim until the vessel is returned to mo in
^ood order and condition.
((i) 'i'liat 1 hav(! also jiaid and incurred liabilities counectcil with tlit> arrest of the
sanl vessel and in defenciiof the master and crew, for Ic^al au<l other expi'uses, $1,000.
And 1 mak<' this solemn declaration, conscientiously l>elii"vin<^ the same to l>e true,
by virtue of tin- act ])assed in the :{/th ycai' of Iler Majesty's rcij;n, intituled "An act
for the supprcssiou of voluntary and extrajiulicial oaths."
William Munsie.
Takeii and ileclared before luc, this •Jdth October, 18H(>.
M. W. TYinviiirr Duakk,
.Witarn I'ublic, I'icloria, />'. C
IV.
Uritinli Coliiniliin, lo wit: DaiiKiijrx rhtimfd hi/ tlir owtur of llu nrhiKiiifry Ontrard and
Favorilf, in rtspivt of tluir ncuiire hij the I'nitvii Stutra S. S. Convin, ir lilc Jinking in
JieliriiHjx Sia.
I, Charles Sjirinji. of ^'ictoria, 15. C owiu'r of the I'.ritish s(•hol>Iu^^s Onward and
Farorilc, do soieuinly and sincerely dcclaie:
(1) That liic valine of the said vessel Onward at the tiiiw of her seizure by the
I'nited States S. S. Curwin was sl,(Mii>, and the cost of ln^r (»utlit when hhe left Vic-
toria for the Behrini^s S.-a w;is >;l,Oii().
(•■i) That she e.niied a cicw of "JK men, and the estimated w.aijes due to the master
and men tor fiuir iiumths fnun the IJlli day of Juiu; to thi^ lime of their returu to
Victoria is S7,r)i)(),
(;{) That at flic time of her capture by the Conrin slic had -liM) seal skins, which
were worth >;'J.S(I(I.
(4) 'I'he )U(>bal)le catch for the season, I'stiuiati'd (ui thi' number of skins taken by
the schooners .■md by the number of skins taken when tlie said schooner was captured,
would be :{.(iii(l skin's, the value i,f whieli, at >7 skin, would be !?-il,0(i(i.
(';")) 'I'liat tlu^ loss sustained by iiie. in conseiiueuce of the dettuition of tlie said
schooner, and my beiui; unable to employ her in ordiiniry work after I he sealiiij; season
is over, is s.')(i(l a month, which sum I claim until the vessel is returned to me in good
order and condition.
((>) That I have also ]>aid and incurred lijibilities, connected with the arrest of the
said vessel and in del'enee ol' the master and crew, fur legal and other (expenses, SI, 000 ;
and I also ihiim .*;{,(HI0 damages liecanse the oHicer in eomiuand of the United States
S. S. Corwin, as she passed the I'arorile, ordered her to cease .scaling, which who did,
and tl'.'.'Mhy lost liei' season.
And I make this solemn declaration, conscientiously believing the same to he true,
hy virtim of an acrt jtassed in the :>7th ye.ir of Her Majesty's reign, intituled : "An act
for the sup|>ressi(ui of voluntary and extra-judicial oatlis."
C. Sl'UINO.
Tak(ui and deelarcd befon' me, this l^'th ()cl(dier, l'^8(>.
M. \V. TYinviirrr Dkake,
> Notary Public, Hcloria, It. C.
V.
British ('ohnnbiiu lo n-it : Dnmaj/es claimed h;i llie owner of' the Hteam rensel Thornton, for
illegal Kcimre hy the I'nitcd Slates S. S. Concin, while fishing in lUhringn Hca.
I, .Tames Douglas Warren, of \'ictoria, B.C., owner of the Britisli steam vessel
Thornton, (h> solemnly and sincerely (h'dare :
(1) That the vahie of the .said vessel at the time of lier seizur. hy the United States
S. S. Corwin was $l),0()0, and the cost of lier ontlit when slie le't Victoria for the Beh-
ringsSea was $ 1, 0(H).
SKAL FISHERIES IN BEIJING SEA.
155
,
(ii) Tliat slio tarrijid a cn-w of fifteen men, and tlie eHtiinafeil \va<;fM due to the
master and meu for four montliH from tlie iitifh day of May to the Ist day of Ootoher,
the date<if tlieir return to Vietoria, which I liave to jiay, is .*.'), lUO.
(;j) That at the time of her capture by the Coruln slio had 4U;5Heal skin.s, which, at
$7 eacli, were worth $'-i,f*-2l.
(4) That the |)rol»aMe catch fertile Heason, estimated on the nnmher of skftis taken
hy the schooner Mari/ ilUrn, and by the iiumher of skins taken wlien the said vcHstd
was captnred, would he ;{,II0(I, of tlie value of .'ci'J 1,0110.
(o) Tiiat the loss sUHtainetl liy me in eoiise(inenco of the detention of tlie said ves-
sel, and Ity l)ein<; unable to employ her in ordinary work after tlie seiiiliijf season in
over, is $r)00 a month, wiiich snni I claim until the vessel is returned to me in ^ood
order and condition.
(fi) That I have also ])aid and incurred liabilities connected with the arrest of the
said vessel and in deicnce of liie master and crew, for legal and other expenses,
J; 1,000.
And I make this solemn declaration, conscientiously believing the same to bo true,
by virtue of the act pasHe<l in the :57th year of Her Majesty's reign, intituled "An a<t
for the suppression of voluntary ami extrajudicial oaths."
J. I). Wahken.
Taken and declared at Vietoria this I'Jtli day of Ocfolter, lrt8(5, before me.
il. VV. Tyuwiiitt Duakr,
Xotary I'ublic.
VI.
VlClOKIA, B. C.
I, .lames 151ake, n>iite of the sclioonir CuroHiia, claim {^.'.(X'tt as dama^res for my
illegal arrest ami impi isoiimeut on boiiiil the Coniin and in gaol at Sitka from Ist of
Angiiht to Kith ."^fptenilter, l^fjti.
.Iami:s Hiakr.
WitiU'ss:
M. W. TYiiwiirn Pijakk.
VII.
Vktokia, I). C.
I, John Margoticli, mate of the Nchooner Otnvard, claim •j;.">,(IOO as daiiia,iL:<'s for my
illegal arrest and imiirisonnient on l)oard the ['iiited .Sratcs vessel Conriii, -.ivaI in gaol
at Sitka from the "J. lid .\ngust, ISHli, to'.*;ltli SepteiiiiiiT, in the .s;inie yeai-.
.lollN MAIUiOIICll,
|{y ( . Si'uiMi,
y/i.s Attiiriiry.
Witness:
.M. W. TvKwiirn Diiakk.
Vlll.
Victoria, B. C, 1<)//i October, 18H6.
I, Harry Norman, mate of the steamer Thonilon, claim as compensation for my
illegal arrest and impri.Honment. on bu:ird tin; United .States sleaniship Curtvin, and
in gaol at Sitka, the sum of $.'),000.
' Harky Nok.man,
By J. D. \Vai!Uk.\,
y/(.K Altorney.
Witness:
M. W. TYUwiirn' Dkakk,
I'ivtoiia, /)'. r.
IX.
ft *
Victoria, B. C, VMh October, 1886.
I, James Ogilvie, master «»f the schooner Carolina, claim as coui]>ensation for «iy
arrest and imprisonment on board the United States steamship Corwin, and in gaol at
Sitka, the sum of $.5,000.
James Ogilvik,
By A. J. Beciitik,
tlis Altorney.
Witness:
M. W. TYRWHirr Drakr.
■ ;i
p^^
156
SEAL FI8HERIK8 IN BKRINO SEA.
X.
Abiitrael of damagt*.
DiiniaKoa ua per dooluration.
Value of vt'HHol and outtlt
\S' nges of crew
Valiieof HciilMklim on board
Viilue of proliiible catc)!
LoHH HimtniniMl by dett'ntioii. (Paragrupli 5)
L«ka1 and other uxpcnHi-H
LuHii HUHlaincd by ordi'r to cphmu huuHuk
Scboonor Steani-sliip Srhoont^r , Sclioonnr
UuwMrd. Thoriituu. Carolina. Favoritu.
$A, onn
7,600
2, HOC
21, OUU
1,000
$10,000
ft, 1(10
'J I, OUU
" i.ooo
$7, 000
4, .'illO
4, mi
I'l.OOO
"i.ooo
#3,000
For illegal arrest and imprUonment
Daniel Miinroe, niiistcr of Oni/mri/, for Indi'ninity for iHii^al Hidziire, loss, etc $S,00i)
Jolin Mal'Kotirb, niiito of Onward 5, 000
Harry Norman, inato of Thomtnn 5, OOii
ilinnes Osjilvie, niawter of t'rtro/inrt 6.000
JanioH Black, niato of Carolina. .^000
Hans UutturiUHon, master of Thornton 8, OUO
No. 124.
Sir H. Holland to the Marquis of LanHdoicne.
Downing Street, January 19, 1887.
My Loud : With reference to previous eorrespondencii respecting the
seizure by the United States authorities of Canadian sealing schooners
in Behring Sea, I have the honor to transmit to you, for the information
of your (iovernment, copies of two letters, with their inclosures, from
the foreign ortice, on the subject.
I have, etc.,
H. T. Holland.
Gov. Gen., the Most lion, the Marquis of Lansdowne, G. i\ M. G.,
etc.
[IncloHuro 1.)
The foreign office to the colonial offivi:
FouKiON Ofkick, Deamhir (i, ISsifi.
Sir: I laid before tlie Earl of IddeHloifjh your letter ot tlie ;{Oth ultimo, incloHing
the ttilef^raiii from (lie (Jov(Miu>r-(ioiieral of Canada iiuiniriii}; whether vessels which
are now eqiii|>|iiii<; in liritiHli (Jolnnihiu for the (iHlieries in ISehring Sea will be exjioHcd
tosei/uie by United States erni.scrs.
I am directed by hin lordNliip to reipie.st that you will lay before Mr. Secretary
Staiihojie the inclosed coi>y of telejjraidue iuHfruetions which have been addressed to
Her Majesty'.s minister at Washinf^ton, direetinf; him to endeavor to obtain from tlie
United Stales (loveniment an assnranee that, ]iendin<; a settlement of the question of
international law which ha.s ari.sen, no more steizures will be made beyond the terri-
torial wjiters of Alaska.
Mr. Stanhope will observe that Sir L. West is desired to eommnnieate to the
Marquis of Lansdowne the result of his application to the United States Guveru-
inent.
I am, etc.,
r. W. CCKIUK.
The Undric Skcukiahy ok Statk.
Coloniiil Office.
1^
SKAI. FISIIKKIEH IN l»r.KlN(i SKA. 157
[llicl(>illll'« '.'. I
Tthijram U> Sir L. flext, So. *J:i.
I'oiiK.KiN OiKlci:, Hicimher V>, l-^MiJ, H.HO p.m.
\'«<HHt<lH (M|iii|)|>in^ in IliitiHli ('oliiiiiltia t'ltr l!>'lirlii<; Sni I'lHliurifN, (.'uiittiliuii (iovt^ni-
iiiciit iiMiiiirt^ wliciliiM' I'xiiosrd to .•Ht-iziirc.
StM'k iis.snraiicii tliat iifiidiii;^ sctilciiifiit of (|iicHtii)ii no m i/.iiii' of ISrilisli vosscIb
will 1m' MiiKlr Ixyond tlic Irnitoiial watiis of .\la>ka.
Coiiiiiiiiiiicatf t'cNiill to (ioviTiioi Ci'Mi'ImI ofCaiiaila,
IliDKSI.KUill.
(Illl'lDSUI'f :i. I
The fort i<in ojjici to (lit rulnniul nfftvv.
FoRKitiN Oi'i'iCB, lhcemher'i>*, Irit^li.
SiK: VVitli ief»'i(ii('<i to your Icltcr of tln' 14tli inHlanI, ami fo previous coirt'spond-
r'nc(>, I am (liiectfil Wy \\w Hi'<rftary of slato for forfi;;n all'airs to tratisiiiit to yon,
to l)e laid hffttre Mr. Sci'iH-tiiry Stanlioiic, a copy of ji diN|>ati'ii from IhT Ma.jt'8ty'ii
mini.st«T (it Washin^^toii, on tlio Hnbjt'ct of I in- Hclirinn Si'.i li-licrirs.
I am, etc.,
I'. W. Cl'KltlK.
Tbe I'NDKR SKCUKTAUY OK SlATi;,
< olouial OJfiir.
I IiK'loHurc 4.]
Sir L. It'tut to tin' luirl of Iddixh ii/h.
Wa.siii.NCION, Iteninhrr 10, IdrtC.
My liOUi) : I luivi! tlif honor to ai'kiiowlt'dfic, tin- rccfijit of your lordHhi]i'H feltv
;;rum No. 'iS, of the (Itli instant, and to inriosc to you litiewitlj copy of u nolo which
I ad(liH'MM»;d to tin- Si-crntary of State in the sciihc of it.
This morning; I lia<l an intiTvitfw with Mr. liayanl, antl Hi)okf to him on the suh-
,.» ..p >.. II.. ....:. I t\...t I... t.ii ....:>:.... i:... >i... • ..>' «i... «<>..„......
/tiiii|M iiTui trii i|iii'i«( lOM, iiiii> tint' >>nMii wiMini III? iiii'i' 111 .III laiiiii'n^* ity i nil iMiiii'ii
•<tateH (J«)v<'riim«'nt. Hccontinned totxplain to nif that the vahn- of Alaska ronHisft-d
in th(> Heal tishrrics ; that tlic seals fit-iiuentrd cliiclly tin- islands of St. I'aiil ami St.
(it'orjje, where the j;reat calch was made, and tljat these islands, iilthou>;Ii situated
(as he stated) moro than '<i(IO miles from the mainland, wen-, he conceived, i-oni|irised
in th(^ jurisdiction ceile<l liy Hussia ; hut he did not wish to prononnci< upon this point
at i»reNent. He wouhl <dm<'rve, however, that the value of the seal " rookeries" on
these islands would ho destroyed if it was ojiened to :tll vessels to kill seals (tiitside
the 't-niil(> limit, for no seals would ever reach them. I did not discuss this <|nestiou
with Mr. ISayard, and merely reminded him that I hoped that hi- would answer the
couimnnicatioii I had made to him, .'ind which was the ohject of my visit.
I liave, etc.,
The Kaui. ok Ii)i>K.si,Ki(iii, etc.
L. S. 8a('K\ II.I.K Wkst.
jliii loHiiru 5. 1
Sir L. Wtst to Mr. T. F. Jiayunl.
VVamhi.\<;t<»n, Ihcvmher 7, 18HC.
8il<: Referring to yonr note of the I'ith ultimo, on the Huhject of the sei/.ure of
British vesHels in the I^eliriii); Seu, and jtromisin^r to (U)nvoy to me, as soon iut pott-
ible, the facts an ascertained in the trial and rulings of law, as ajiplied by the court,
158
HEW. FISMKlllKS IN HKKING HEA.
I have t1i«« lirinor to Ntiittt tluit vfMH<>lH aii' now, iin iisiiiil, (<(|iii|))iiiit; iti HritiHli ('oluin-
bill for liHliiii); in tliiil i'ca. I'lii- (luniiiliiin (iovci'tiini-nt, tli<>rci'orc, in tlw iiliN<>nc«« of
i"f'onniilion, itn^ ilt'Nii'ons of iiHrfrt:iiiiin;; wlit'thtT sncli vt-NSfls liHliiii); in tlio op<Mi
Ht'iiH mill Id-yond flic trrntorial wiitcrf* of AIiihI^ji would Im f\|ii)Ni'il to Hci/.iin^ nml
ll«'r M)iJ«'st,v'N (jiovfiniiKMit, itt tlio Ntinii* tiiiw, wonltl \w h\im\ if Hoiiit* usHnranrt^ coiiltl
)u) ({ivt'u tliat, iMMuiin^ the Ni'ttli-nicnt of tlie i|iii'Ntioii, no niicIi Nci/iircH of MritiNli
vttHH«>lH will \»i hiikIi' in ltchriii<; Sfii.
I hftv<^, t'lc,
1.. S. Sack VII, I. K Wkht.
Tin) lion. T. 1". Hayaih), litc.
No. ILT).
(i
CI
tl
t
iSir II. Holland to the Mnnixm of Lanndowne.
DowNiNC} Stuekt, January 19, 1887.
My Lord: With rofcrence to your dispatch No. L*81, of the 27th of
Novembor last, and to previous corrospoiidtMice n'Hpoctiiijj the s<>izure
of certain Canadian schooners eajja^jod in the seal tisiiery in IJehrinjj
Sea, I have the honor to transmit to you, for the information of your
lordsliip's (lovernnient, a eopy ot a letter from the foreign ollice, with
its inclosures, on the subject.
1 have, etc.,
II. T. Holland.
Gov. Clen. the Mo.st Hon. the Marquis or Lansdownk, etc.
Ml
«
[IiicloHiire l.|
Foreiijn office to colonial office.
FuuKiiiN' Oi I UK, January 10, If-riT.
Silt: Willi icfrrcncti to your li'ttcr of tin' llh instant, I iini liin-cti'il liy tlio Kiirl of
Iiltli'sli'ifili |o tiansiiiil to you, to In- IimiI hcfdic .Mr. Sccrflary Sf;inlio|ii', i'o]ii('s of the
ili.spati'lir.s notiMl in flu' margin, wliicli iiavc Imm-u aiiditssi'd to Hit .Maji'sty's minister
at Wasliiiijfton, rcl.'itivi' lo tlie Mcizmf of t h(> thrcf IJrilisli scaling; sclioiMitTs in Hcli-
ring Si-a l>y thi- rnitcd .Slatfs i-ruiscr LUnciti.
I am, I'tc,
r. W. Ci uiiiK.
Tho Undkb Skcuktauy ok Statk,
Voloiiinl Office.
[Iiulosiire '.'.]
The End of Iddenh'xjh lit Sir I.. Wei^t.
ronKliiN Ofkick, January -<, lHri7.
Siii: Rcl'cri in;; to jirovions corii'siMindiMire in ii'ic.-ml to tin* ca.se of tlio three
Canadian sdiooni'i's m^tJijii'd in the si-al tishery in Helirin^ Sea, I tr.insniit to ymi here-
with ii eopy of a letter fioin the colonial olliee, explaining the views of the Dominion
(toveninieiit in the matter.
SKAL FISUKKIKS I\ UKKlNCi HKA.
159
I hav now to instruct yon to <'xpr»<HH to Mr. Havdul tlir lontcin of llcr MiiJt-Ht.v'M
<lov('riiinrnt lit r('<fiviiijj no reply to tlir scrionH ifpifNcntarionN wliicli tin y liiivf li-lt
ooiii|M>lh>*l to inakf on tilt' inf'orniation wliirli lias rca''licil tlieni rcN)ici'iinL; tin- |irii-
ctM'dinjjM of tlit< Tnitt'tl Stati'n I'lniHtT raririn in «■ izin;; Uriti^li sraliny M-liooncrs on
tliB IiIk'' Ht'iiH, ami to nij;c witli all tlif tone wliifli the gravity of tlm I'ltMi- rciinin'M
the iinnii'iliatu attention of thi> I'niltMl StntiN (iovi>iiini<'nt to the a<;tion of tlii^ Aniori-
can untlioritii'N in tlicir tii>atin»'nt of tlit'sc vt'.ssi'ls, ami of tlirir inaBtfiH iiiiil in-WN.
I am, etc.,
Ii>i>i:si.i:i(iit.
The Hon. Sir L. Wks^t.
I Iiirltmure !l.
Coitjl (i/ telvgium .\o. 1 — KarJ of Iddfulvitjli lo Sir L. il'int,
FiMtKKlN Okkuk, ,/uiiiiary 8, lHe!7— ti.O.'i p.m.
Your (llNpatcli No. "JoJ.
Fnrtluir papciH },'o l>y mail of rttii.
Exprt'MM to HciMctary of Hfato concpiii of llcr Maji'nty'H (iov<>rnni<>iit at ri'icivinj; no
roj)ly to tlicirKravu iHprt'Hcntation rcspcctinj^ proc»!««linj;s of lliiitvd Stuttss (irniscr iti
HVizin^ KritiNli vonsi'Ih on tliti lii^'* ^*'>i^-
Ur>!;« liiM immediate attention to this mat ttsr with all the forct! which tlic i;r.ivity
«f the case nHinin-N.
No. 12(5.
Sir L. West to Mr. lioyard, Fchrnnrn 1, 1887.
(Uniittfid Iktc, being printed Hupra, No. 8.)
No. 127.
Sir h. West to Mr. Bayard, February 4, 1887.
(Omitted here, being printed supra, No. 10.)
No. 128.
Sir Jj. West to Lord Lansdoicnc.
i lie Alaska Seizures.
Febriauy 4, 1887.
To Govenor-General,
Ottawa :
Secretary of State has informed me that orders have been given that
all i)ending proceedings are to be discontinued, vessels seized dis-
charged, and all persons who liave been arrested in connection there-
with released. He adds that the conclusion of any questions involved is
reserved until the papers relative to the question have arrived.
West.
160 SKAL riSHERIES IN HKKINCJ SEA.
No. 1LM>.
.s'<> /<• Went to the Marquix of Lansdoicnt:
Washington, Fthruary 4, 1S87.
My liOWi): With ief'«MOiu!»^ lo my t»'li'<;iaiii of tliis <liiy'.s dat^'respoc-t-
iii;; tiM* H«'i/,iin' of I'.ritisli vessels in llciiriiij,' Soil, I iiavc tin' honor to
inclose to your excelit'iicy lu'iTwitli copy of the note whicii I received
from the Secretaiy of State, the .suh.staiice of which was tiieiein eui-
ho(li<'(l.
I liave, etc,
L. S. Sacfvvili.k West.
The Marquis of Landsdowne, (J. ('. M. C, etc.
I Ii\cloHiire.|
Mr. lUnjavd to Sir /,. Wixt, i'lbriiiirii '-V 1H"'7.
(Oiiiitti'il lierc, beiiij4 priiittMl xupni, No. !•.)
No. 130.
Sir U. Holland t<» the Matuiuis of Lansdoirne.
Downing Street, Fthruary 5, 1887.
^Iy Lohd: With referenc»> lo my secret <lisi>at<-h of the IDth ultimo,
ami to previous corrt\si)oiul(iu:e lespectiny; tin seizure of (-'anatlian.sealin;;
schooiieis in ileliriu},' Sea, " have the honor to transmit to ,von, for coiu-
niunication to your ministers, copies of two letters, with their inclosureH,
from the foreij>n ollice, on the suhject.
I have, etc.,
II. T. Holland.
Gov. (leii., the most lion, the Maitpiis of I.ansdowne,
(i. C. M.(i., etc.
I lilt lll-<ll!'l' l.|
I'oiiii/ii Ojfficr III <'iiloiiiul Offue.
I'oUKKiN (M I'ICK, ./
iinuarij
rii 'J7, 1H87
SiK: With n-riTfinc ti> jinvidiis ciirKsiioinliiMf, I iitii (iirt'clftl liy llii' Kicn'tiirv of
(•tutti tor t'orcit,'!! altiins to traiiHiiiit to voii to lie liiiil lift'on- Si'cn'tiir.v Sir llfiiry Mol-
land, a coity o(° ji iliHpatcli rroni Hit Majt-sty's niiiii'tcr iit Wasliiii;rt,iii,t)ii tint HuliJHcfe
of the sci/un- of British Hca'.iiii; vt-sseh iii Hilirinj," St-a.
I am, et(r.,
P. W. (.'IJKUIK.
Tho IJni)KU-Se('kkt.\ky or stati;,
Colonial OJJice,
SEAL FISHERIES IN BERING SEA.
161
W7.
or to
iM ve»l
♦MU-
ST.
|Inclo8uro 2.)
Sir L. West to the Foreign Office.
Wasiiixotox, January 13, 1887.
My Lord: With lottirtMicc to my (li.s|tjitoli No. 7, of the 7th iiiHtmit, I have the
honor to iiieloso to your lordship h«'n'\vitii co])y of a note whicli I havo received
from the Secretary of Statt', in aimwcr to my coiiumiiiicatioii, exprt'.sHiiifj; the concern
of Her MaJcHty'H(ii>vonim(!nt at receiving; no n-jdy to tlicir icpresontatiouM respect-
ing the H('i/,iirf!of Hritisii vessels in Btdiriag Sea.
I have, etc.,
_, . ii. S. Sackville Wkst.
The Skckktaky ok Statk,
Foreign Jffairit,
IIIIC'IOSIII'O H.)
Mr. lUujard to Sir L. S. UvHt, .lanuary 12,1867.
(Omitted here, being printed ftupra, No. 7.)
57.
irno,
iliug
CO lu-
ll rt'M,
[IiiulOHuro 4.)
Foreign Office to Colonial Office.
FoiiKUiN OiKiCK, Jnnuarii 21), 1887.
Sin: Witli i<MVn'iice lo previous corn'spoiidi-ncc, 1 uin dincted hv the secretary of
state for foreign jiflairH to Irausmil to you, t<i h-.- laid l.cl'ori' Sc<"retary Sir Henry
Holland, a coi>y of a disp.itch as niarkcd in the iiiarjiiii fiom llcr Mjijestv's minister
at Washin^rton, on the suhjcct of iiis n'|iicstntalinns to the United States (iovern-
meut with regard to the seiziire of Hritish vessels in hehring Sea.
I am, etc,
The LNDKK-SKCitETAUy ov Statk,
Colonial Office.
ID.
e7.
,rv of
Mol-
hjec*
IK.
(Inclosiirc ."i. 1
Sir L. Wext to the Inrl of MAcsleigh,
Wasiiin(JTon. nlanuarii 10, 1H87.
My Lohi>: I have the honor to ackimwledfre the receipt of your lordship's tele-
gram. No. 1, of tilt Mh instant, and to inclose to your lordsiiip'herewith copv of a
note which 1 immediately addressed to th«' SecrelaVv of Stale, referring lo my' notes
of the 'J7t!i Scpicnili.r, 21st Odoher, and Tlh Dccciiiher last, and to your lordsliii)'s
diHi'atch, No. 2U, of the ItOth Octolicr, copy of whicli, as reported in my dispatch No.
2r»0, of the 12lli Novemhir, 1 plaicd in his li.iiids, and exi)rcssing the sense in which
Her Miijesty's (Jovj'riiment viewi'd liis sil.ine with regard to the commiinicationa
which hail heen made to him respecting the seizure of Uritisli vessels in Hehring Sea.
1 have, etc.,
L. S. Sxt'KVlLLK \VK8J'.
[Iiicloiiurn fl.)
Sir I.. WcHt to Mr. tiayard, January 9, 1887.
(Omitted here, being printed nupra, No. (>.)
8. Ex. 106— -11
162 SEAL FISHERIES IN BERING SEA.
No. 131.
Lord Lansflowne to iSIr H. UoUand.
March .'U, 1887.
Vessels now being fitte«l out for this year's trip to lieliriiig Sea.
Owners inquire whether, when not near land, they nu»y depend upon
beinj; umnoh'sted by United States cruisers.
Please reply by cable.
, Lansdowne.
No. WVl.
Sir If. T. lloUand to Lord Lansdoicne.
Downing Street, April 23, 1887.
My Lord: With reference to juevions correspondence, I have the
honor to transmit to you lor communication to your ministers copy of a
letter from tlie for«'i{;n oHIc*', inclosiufr cojtics of two dispatches from
Her Majesty's minister at Washington on tl«e subject of the Alaska
fisheries (piestion.
I have, etc.,
H. T. Holland.
Gov. Oen. tlie Most Hon. the Marquis of Lansdowne,
(J. CM. G., etc.
IIiu'loHiirc 1.1
From Jon iiju office to colonial office.
FouKiON Okfick, .l/)n/ l;}, 1887.
Siu : Witli refert'iu'e to your li'tter of the Ud iiiKtant, I iiin <lirt'<t»'(l l>y tlic Nt'cn'tiiry
of htatt' for foici;;!! iiU'iiirs to traiiMiiiit to voii, to Ix; laid licforn Si^crotary Sir Henry
Holland, ropii'N of two iliNpatclitH, as inarke<i in the margin, on the siibjfct of the
Alaska tl.s|ii-ri*>Hi|ueNtiou.
I am, «'tc.,
J, PaL'NCKFOTK.
Tho Undek Sechktaky ok Statk.
Colonidl office.
[IncloHuro 2.]
Sir L, Hent to the ilarquiti of Snlinburii,
Wasiiinoton, April 2, IH'*?.
Mv Loud: I havo the honor to inform yoiir lordNJiip tliat th«' commander of the
United StateM revenne-cutter (Inllatiii has heen tited to appear \»efore the admiralty
court in the Mohtoii dintriet to answer lo the alleviation that i.i Jniie last, while in
command of the United States steamer Corwiti, he took l»y foree from the Ameriean
schooner Sierra her arms and ammunition, at a point in tin- open sea :!() miles north
of Oonalar-ka, while she was navi^atin^ the waters of the North Facilie, Ocean on a
hnntinf; and lishin^ expedition, thus breaking up her v<-vag<> to th*> dama;;*' <>f the
plaint ills of *'i5',.'i(IO.
I have instructed Her Majesty's consul at Hostoii to watch this case and report the
decision of the court.
I have, etc.,
L. West.
The MAUgt'lH ok SaM8IICKV, K. (5., etc.
SKAL FISHKRIES IN BKRING SEA.
163
(Incloaurc 3. 1
Sir L, IWsl to the Martjuin of SalUbury.
Washinoton, .\farch iil), 1887.
My I.uun: I liavt- tlit lioiior to rcjiort to yonr lordshii* that tlit* lliiitt-d StatoH
Hteain-slii]> Tin I'm Iuih sailed Cioin Ninv Vork and will itrocftd idiiiid ("apo Morn and up
tin- wi'st coaMl til Alaska. It is rt'poricd that llu' Si-crt'tary ot' tli<' Tri-asMry has ni-
Cfivi-d a letter I'loiii the Alaska Coiiiinercial Coinpaiiy eoiiiplaiiiin^ tiiat |irivale jtar-
ties are lakiii;^ seals in llm waters altoiil Alaska, ai.daskiii;; loriiKire revenii.'-i'UtterH
to be sent lor their jiroteelioii. The ecnipaiiy t'\ rtlier ask that the l'iiite<l Slates
(jioveriiiiieiit shonld |irohil)it all killiiii;; of seals v.'illiiii the eastern halt' ot' Itehrin^
Sea, or troni a point iie<;innin;; at iSeln'in<{ Straits and |iassin;; iVmn the inirthweHt
♦Mid';!' St. I.awreiue Inland in a southwesterly direction to the island of Alton, at Iho
4ixtrenie westerly |ioint of tin- Aleutian Ar<'hipelaj;o.
I have, etc,,
L. S. S. Wk.st.
Tile MA|{(it IS ot- SAI.ISItUliV, K. (J., etc.
Sir II. T. lloJhnid to li,ord lAUixdotcnr.
No. 11.5.1 Downing Stuket. May 12, 1887.
Mv Lord: I have tlio honor t«> tiiiiisiiiit to yoii lor communication
to your ministers, with retereiKU' to ]>re\ ions coiivspoiKU'nco, a copy of
a letter from the toreiyn otlice, inch).sin}'- a copy of a dispatch from Her
Majesty's minister at W'a.^hinjiton resjiectin;; tlie seizure of llritish ves-
sels enf-aged in seal iishinjj in iJehrin;; iSea h»st autumn.
I have, etc.,
H. T. Holland.
(iov. (;en. the Most Hon. the Marqi'IS of Lansdowne,
G. C. M. G.
(IncloHure 1.)
The forciijii nfficr to the colonial nffirc.
FouKiGN Ofkick, May .'>, 1887.
Sik: With reference to the letter from thin ofTico of the l.'ith ultimo, I uni directed
by the Maripiis of .Salisbury to transmit to yon, to be laid before .Secretary Sir Henry
Holl.-ind, a co]iy of a dispatch, No. ;iT, dated \'M\\ April, IS-*?, with its iiiclosiires, from
Her Majesty's minister at Washinj;ton. relative to the i|nestion ot the seiznie laut
autumn in llehrinu i^ea of three liiilisli schooners en;ia;;e(i in seal tishin^r.
(Jopics id' the laws of the rnited .States iel;iiiiiii to Aliiska. to which reference irt
made in Mr. Itayard's note of the I'jih nllinio to Sir L. West,itre itlso inclosed.
1 am, elc,
r. W. ClTKRIK.
The I'NKKii Si'CitKi Ai;v oi' SrAii:,
Colin liil (tjlirv.
[TncloHur« 2. |
Sir L. S. Hist to the Murquis of Salisbury.
Washington, April lU, 18H7.
My LokI) : With reference to >onr lordship's tc "j(nim No 7 of >Jnd iii.staiit, I have
the honor to imdose to your lordship herewith copy of a note which I addreHHeil to
the .Secretary of State, ;is well aH c«ii»y of reply thereto, Htatinj; that the rvcordHof the
164
SKAL FISHERIES IN BERING SEA.
Judicial proce<MliiijiH in cuhcs of tlio Uritisli v«'nh<'1h Hriz<'il in B<'liiii)K Sea were re-
ceived at tliP State Deiiiiilineiit on Siiliinla.v last, and are now nnder examination:
aii«l that tlie reniotenesMof llie scene of llie fnr-Heai tiHlierieK lias dtjlaved tin- Treasury
otticials in framing appn'iiriate re>{iilalionH. ami issninj; orders to the I'nited .States
l)olic(> vesHels, wliicli inlorniaticn I liad the l.ocor to teiej^rapli to your lordsliii> this
day.
I liave, etc.,
L. S. Wkst.
The Makquis ok .Saushi ky, K. (i., etc.
[InelOHiiiv :i.]
Sir I.. S. Hint to Mr. nayard, April t, l-HT.
(Ouiitted here, being printi^d Hiqtra, No. 11.)
fIncloHur" 4.)
Hr. Secretary Jiayard to Sir L. H'titt, Aftril I'i, 1887.
(Omitted here, being printed supra, No. 12.)
No. i:u.
The governor-iieneral to Sir 11. HoUand.
Toronto, Maii LM, 1.S.S7.
Sill: Willi )t'ftM«'iici' to |»rt'vioiis coiti'simukU'iicc on the .subjt'ct of
the wt'iziirc of (':»ii}nliati .sealiiijf scJMxtiier.s in ISeliriiijj; Sea, I liave tlie
honor to loiwanl iuMcwitli a copy of an approved minute ()f tlie privy
council, eonenrrin;,^ in a report of niy inini.sler of inarine and tisheriet),
and reconiinendinji that the ;it tent ion of Her Miije.sty's (lovernnient l»«?
called to the ^'rave injr (ice d(tne l»y the United States authorities to
British sultjeets peaci-aldy pursninji tlu'ir lawful occupations on the hifjh
8eas, to the <lelay wiiiiih lias laks-n place in inquiring' into and redres.s-
in}» \vrony:s conmiitted, to the severe, inhospitalde, and unjustifiahle
treatment of the olliceis and crews ol the vessels seized, and to tl-e
serious loss intlicted upon owners of the same, in (uder th:it full and
Hpeetly n paration may he made by the United States (lovernnient.
1 have, etc.,
Lansdowne.
The Ritjht Hon. Sir Hhnry Holland, &c.
[Int'loHiin* 1.1
Certified copy of a report of a ronniiitttr of the honoralile the privy eoiiiicil, approved by hi»
ejrceUeiicy the yoeei nor-tjeiierul in eoiiiivil on the It'tth May, IS,-?.
On a report, dated IMli May, \"'^'i, from the minister of marin.t and lislieries, su'i-
niittiri); the following remimeof facts with refi-rence to the Cutiiidian sejiling sclioonerH
Carolina, fhneard, :ind I'hornlon, sii/.cd li\ the United States rcvenni'-cntter t'uricin in
BehringH Sea in the year l8f^(i.
SKAL FISHliKIKS 1\ HKRING SKA.
1G5
Tlie altnvo-naiiUMl vi'Hst>ls littcil out at N'ictoiia, Hritish C't)lmiil>ia, for Hcal hmitiii>{
jii tlif wati'iH of tilt' I'aciCic Ocraii ail,ja<-.'iit to t^Ufon Victoria IslaiulH. {^ufoii C'har-
lottt' IslaiidN, 1111(1 Aia^kii.
Ai tin- tiiiitMtlsci/.iiic ( Int and "iinl An<;iist, l~Ht)) tlu-y weri' at a distaiict^ of moii< than
<)(i mill's IVom tilt' iifart'st land. 'I'hcy svcio taki'ii iioMsosioii of l>y llic I'liltcd StatoH
(Mittcr and towed to tlu' port of Ooiialaska, wlicrc tlicy wiTf di'tiiincd.
Tlic Clews of the ('ttrolina and Thorn tun, with I he except ion of the captain and one
man detained at Oimalaska. were sent hy steamer to San Francisco and thnru tnrncd
adrift, while the crew of the Onward was kept at Oonalaska.
At the time of the seizure the ('<tri>linii had on lioarJ ti'^Ci seal skins, tho Onward
'MO. and tlie Thornton -lll.l. 'riiese, !is well ;is the school, ers, are, so tar as the ininisti^r
is aware, still at Oonalaska in possession of the I'liited Stat<'s authorities.
The master and mate i>{ the Thornton were hrontiht for trial lietore .Judi^e Dawson,
in the I'nitcd States district c(uirt. at Sitka, on the :{iith AuHiist, IK-itJ. The evidcce
fjiven liy the ollicers of the I'uitcd States revenue cutter went to sh()W that this vessol
was seized for tlie otVeiise (d' takin'4 seals in that (lortiou cd' HehriiiHH .St!a ceded to tli«
United States liy Hussi:i in 1^(17, heiiii; then at a distanctt of fnun tiO to 70 miles from
St. (Jcoijie Isliind.
The ,).:d;ie cliarjied the jury to the elVec-t that if they helipvcd the defenilants to
liave lieen sealin;; in the Ueliriiiii .'^ea easi of the lli:Jrd de^jree of l(ui;;itude west, they
should hrin^' in a venlict (d' •{iiiliy and assesH separate lines or iiiiprisoiiinent. The
jury hrouiilit in ji verdict <d' Lcnilty.
The master id' the Thornton was sentenced to ;?(( days' imprisonment and to pay a
fine of .'*"»()(), and the mate to :l() days' imprisonment and a line of !?:{(l(). The masters
niid mates of the Oninint nuA Carol'init were mulcted in similar penalties.
Oil llie"j:lrd and "Jlth Seplemlter. I'^Si;, iirders in council were approved hy his ex-
cellency the ^overiinr-tt''ncral, setlini; forth the ahove facts :ind representing tho
injustice to which ( 'anadian citi/ciiseiiu:i;^eil in a jteaceahle and lawful occupation on
the hi;;h seas had heeii siilijecreil, in spile of admit ted principles of iiiteinal ioiial law,
iind in direct o]>|iositinii to the riiiied States contention of what 'onslitiitcs common
wa'ers on the ,\ilaiitic coavts, aiid copies tli>-rcof were forwardeii to Her Majesty's
(ioMTiinient, with a re(|uc>t lliaf immediate reparation he demaiide.i from the rnited
States ( iovermiieiil.
()ii the l','tli Novemher. H^Ti, Mr. Hayard infoiuu'l Sir I-. \Ve-.t that he was await-
in;; full and antheiiiii- reports of the trial and juil;iiiieiit in the cases of thi-sc .sei/.iirea
hefore t'lirther disciissiii>; the matter.
Oil llic'^th .laniiary. H-'T. llie I'larl of Iddesleii^h addressed Sir L. West, deprecat-
inii the delay whidi had taken place in secnriii^i tliese particulars, calling upon him
to iirije, with all the force which the jxr.ivif\' ol' tlie cases deniMiided, the iiiiiin diato
attention of the I'liiied Slates (oiM'rniiu'iit to I lie action o!' t h ■ .\uieiicau aiil liorities
in this ticatiueiit of these vessels, mates, ami crews, and direcfinit liini loseek assur-
ance that, pelidiuL;' ;i setl leiiieiil ol' t le- i| iiesi ion. no sei/iil es id' ISrit isl| vess^^ls Would
he made Neyond the territorial waters ot' .Vlask.i.
On ilieHih .laniiary, \y^l , Sir L. West wrote to .Mr. Uayard, reviewiiii^ the wholo
case, juid iir;;inj.; imiiiediate .'ictioi'. On the I'Jih of the same month .Mr. M.ivard re-
plied, explainiiiji 'he reasons of lie- del.iv, aii'l stalint: th.at every possihle dispatidi
had lieeii made in order to proeiirethe necessary jiapcrs.
On the :tril l-'eluiiary Mr. Mayard informed Sir L. West that the documents relativo
to those sei/nres left Sitka oii the •.'liili .lanuar.N. and mii;lii he expected to reach him
within a fortnight. In the mean time he informed the Mritish minister that ordern
had heeii issued for the disconi i'liiance of all peiidiii;^ proceediiiits. I he dischai f^o of
the vessels and the release of all perscuis under arrest in conneeiion with these seiz-
ures, and that the conclusion of any i|iiesiious involved must he leseiNed iinlil the
papers lelaliiiL; thereto had ariiMMl.
On the Ith I'elun.aiv Sir I,. West commiiniealed the ahove information to his ex-
cellency the juovernor ;ieiieral.
file niinisler fiiitlier states iliat I'loiu inriUinat ion lecei ved fruiii the owners of the
sei/ei! vessels and from the culle, :nr nf lustoms at N'ictoria, |{. (',, he learns (hat
.lames Oy;il vie, an old man and master ot' the ('(inilina. was ;uiested aloiiii with the
masters and mates of the OniranI ii\u\ Thornton, and hroiiehi into court for trial, hut
that liefore sentence was pronounced he was hiill'ered to wander away into the woods,
where he died from want and exposure; that the oilnr masters ami iiiM'"", 'il'ter ri-
maiiiiny: several months in prison, were released hy order of the y;e,veriiH' of Aii.:'kii
and turned adrift, literally deslit ute, to find their way as hest tl ey cnild tn th* ir
hiunes, l.."!!!!! miles distant, ami which could he !'eaclied onl\ hy a li ny; mil eo-,tly se;k
voya;;e; that t he ownci's i>f i he eoiidemiieil vessels have received no intimation t'roiu
the I'nitcd States aiiihoriiii's ol' the release of their \t's.sels or the .esloralion of the
valiiahle car;;oes of seal skins ami eipiipnieiits on hoard, and they have no iiitonna-
tion as to the condition in wliieh llieir properly is at the pr.'sent time.
The owners .ire tliu." left iu complete uncerlainty as to when or wlieie their prop-
166
SEAL FISHERIES IN BERING SEA.
erty Ih to he reHtnred, hikI unticipiitt^ HeriuiiH (laiiiii^ts if not total Iohh, to thoir vohsi^Ia
from tho tr*'int)ii<loim ^alcH wliicth tlnriii;; tlic jiiiHt wiiitttr liavu HWM]it tlic iiortli Pa-
cific couHts. Thoy also Hfati; that, knowing well, a.s they do, tlin character of the
IiidiaiiN in that viirinity, and a))|irchciidiii}; that no very vi|>ilant watch Iuin hccn kept
over their property, they fear that every thinjj inovahie will have Ix^en carriiJtl away.
If they are ('oniitelhid to receive the vchscIh at Oonalaska, wher»i they havi> I n de-
tained, it will nece.sNitate the charteriii;r of a steamer, with men and NiipplicH, at
great ex|ienKe, and a ronnd voyage of Home three thouHand inilcH in order to hring
them to Victoria
The conHccpient damage and loss to vessels and cargoes throiigli detention, and the
heavy cost which will lie entailed in hringing tlitni \o the home port, the owners con-
sider good gronnd tor claiming consideration from the United States anthoriiics when
the (jnestion tif reparation is lieing settled.
The committee, concnrring in the Itiregoing report of the minister of marine and
fisheries, advise that yonr excellency he moved to call the ;itteiilion of Her MaJesty'H
Goveriinn-nt again to the grave injiistici* done hy the United States authorities to
British siihJectH ]ieac<'fiilly pursuing their lawful oc(;ii|iation on the high seas, and to
the great delay which has taken place in iii<|iiiriiig into and redri'ssing the wrongs
comm,itted, to the severe, iiiho.spitalde, and iiiijiistiliahle treatment of the ot1i<'er8
and crews of the vessels seized, anc to the serious I ss inllicted upon owners of the
same, in order that full and spee<ly rejiaratioii ma. be made hy the United States
Governiiient.
All which is resjiectfully .siihmitted for your excellency's aitnroval.
.John .J. McGkk.
Clerk I'rivy ( 'oiiinil.
[Ini'liisiire 2.]
.)fr, Unvilcji to Mr. Ti'loii,
CUHToM-IIorsK, I'vtoriii, April 2.\, l>f*7.
SiK : In reply to your letter of tin I.'dli instant 1 beg to state that none of the
masters or mates of the vessels seized in Hehiiiig Sea, in August last, remain now in
imprisonment. When the ve>sels were c(ni<lemneil the judge. Mr. Uawsoii. senieiited
nnisters ami mates to lines, which were never pjiid. and todill'erent terms (d' imprison-
ment. Ogilvie, master of tin- Ctirolinii, an old man, was airesled and hroiight into
court, hut Ixd'ore the sentence was pi moiinced he wandered away into the woods
and die<l there. The others, alter se, inga rime in i»iisoii, were released hy an order
of the governor, and tinned loose, literally destitute, to liiid tlieir way home in any
way tln^y could. The vessels themselves, CurolhiH, Ohkviiy/, and Tiionitoii, nw now,
as far as we know, in Oonalaska, Inif unless they have lieeii properly taken care of,
whudi in sindi a )dace seems scarcely prohahle, tliey must, during the winter months,
have sutl'ered gre;ii|y, even if they are still in existence. The skins taken from them
are, we believe, stored in the Alaska l''nr Company's warehouses at Oonalaska ; the
guns and ammunition were taken to Sitka, and are in the care td'the United States
marshal.
The ( hronometcis and (diarts <if two of tin- vessels were left in Oonalaska with tho
vt'ssels. The « hronometer of the other, with one or two boats, was t:iken, we were
told, as evidence to Sitka.
No notice whatever respeeting the release of tlm vessids or tlni delivery of their
equipments or of the skins has been received by the owners. No word of any de-
scription has been cmiveyed to them by the L'uited States authorities.
I have the honor to be, sir, vour obedient si-rvant,
W. Hami.ky.
John Tilton, Emj.,
Deputy Minigter of Finhei'ics, Ottawa.
»
[Inclo»ur« 3.]
»<
McHHrii. Came <f- Muitaie to Mr. Tilton.
VicroKiA, Hkitisii Columbia, April 14, 18d7.
Drak Sik: Yonr advice of 'ind instant is to hainl. In reply would say we have not
been lulvised whether the vessels ar»' to he returned to us at Victoria or are we to
incur the expense and risk of taking them from Oonalaska, and accept the skins iu
I'a-
I. ' ^ ii
v.— MAP f
//
\fAP (
SEAL FISHERIES IN BERING SEA.
167
the condition tliey niny he found hh an otl'Hot in full a;;iiiniit tho amounts Hut opiionito
them in our chiinm. Tlio flX|)t«nNtMind rink oi'^cttiii^ tli«Mn to Victor 'will ho ^rout,
as ther« is no diit'ot way of tiansfcrrinjj mm an<l snpplifs a distamo «it l,r»(M) iiiileH.
It will necessitate the charterin}; of a steamer, anil, owin^ to the tremiMidoiis ^alea
in the North I'arilic the past winter, the vessels may he very seriously damaged if not
totally lost. Knowing; the Indians as we do, we anticipate that everything movuhlu
will he carried away.
The vessels and skins are left in the «are of not too friendly a concern, namely, the
Alaska Commercial (.'om]>any's a^ent alian the Tnited ^^tates marshal,
iiemainin^, dear sir, your ohedient servants,
Caunk a. Mun.>*ie.
John Tii-ton, Es(|.,
Vipulji MinUter of FiHlicriiH, Oltmca.
No. i;i5.
K
Sir R. O. W. Herbert to the ofieer administering the government of
Canada.
Downing Street, May 27, 1887.
My Lord : I am directed by the Mecretary of Htato to traiiHinit to
you for coininunicatioii to your inini.sters with reference to ])reviou8 cor-
re»]>ondeuce the docuineut.s Kpecitied in the annexed schedule.
1 have, etc.,
R. G. W. Herbert.
The Officer Administering the Government of Canada.
[IncluBure 1. 1
The Jorciyn office to the colonial office.
FoUKiQN Office, .}fay 19, 1887.
Silt: I am directed hy the se(;retary of state f(irforoi;in affairs to transmit to you, to
l»e laid hefore Her Majesty's st'cretary of state for the ctilonies copy of a dispatch, as
uuirked in the margin, from Her Majesty's minister at VVashin(;ton, relativ*^ to the
seizures in Helirin^ Sea.
I am, etc.,
J. Paunckfotk.
The Under Skcuetauy of Statk,
I'olonial OJfhr.
|Iii('lo»iir<- 2.]
Sir I,. West to ihr Marquis of SalhhHry.
Wasuinoton, May (>, 1887.
My Lord: With reference to my dispatch No. 8H, of April 'i last, I have the honor
to inform your lordship that the case of the owners of the American shipH sei/.ed for
Healing in Hehriu); Hen, a^^ainst the cantain of the United States cruiuer Corii'in, haa
hecn postpone«l until the Governuieut ih prepared for the dufuuau.
I have, etc.,
L. S. West.
The Marquis ok Salisbury, etc.
ini'i.MM'nr. -t. - itttt^ ' ' r .-x i^.inn A .fCVJ
■*'"■?.
l*..f
'>-.
'«''> .:
■'.' .' •'
N
5
.<P
I3l5i
iV^
J^IOA
At
^"omI
Pribj/o/f fs
to.
^^V.>.
"y^
^
1^^ ^
^d?..
V.
''^v,,
^^- ^A
'••'^'-^..-^'
.^Ci
<=Ci
'J^i.dc^^^
<^/,
^-^
■P4...
^' Aa /^ 7^- '^ «--
77v
ob^
S Ex /(9^ 50 2
ifi^MflHM^
iTr.Tr-"c .t I. .inn. A .irfj) nr.nnin'r-^ ar.n.
S I A
Fox !><"'
M\i. ■■•« t**a-o iir>*Mt**PM«a» om uW XMi. » «
168 SEAL FI8HKKIKH IN MKRINO SKA.
No. 136.
Sir L. Went to Mr. lUujard, Jnli/ H, 18S7.
(Omitted here, being printed Hupra^ No. l.'J.)
No. 137.
Mr. linynrd to Sir /.. Went, July \l, 1SS7,
(Omitted here, being printed Hupra, No. 4.)
No. 1,'W.
Sir If. Holland to Lord LanHdoirne,
No. 200.] Downing Sthkkt, Jahj 14, 1887.
My Loud : I referre*! to the sceretary of state for foreign atfairH **
copy of yonr lordship's disputcih No. W.\ <>f tlie lilst of >Iiiy hiHt, in-
ch)8ing a copy of an approved n'p(»rt (jf your privy eoniuMi, respecting
the action of tlie United States iiuthoiitit's towards IJritish snbje<!ts, in
connection with the sei/Jire of ('anadtan scaling schooners in liehring
Sea.
I now ira^lose, for communication t(> your (Jovcrinncnt, a copy of a let-
ter received from the foreign oHlce in reply, from wliij'li it will be seen that
the Mar<|iiis of Salisbury is of opinion that it will be desirable, before
any farther representations are made t(» the Tnited States (fovernment,
with a view to obtaining reparation, that ller Miijesty's (lovernment
shonld be in possession of the n'cord of rlie jndicial proceedings in the
distri<!t conrt in Alaska, an«l that instructions have been sent by tele-
graph to Sir L. West.
You will be so good as to transmit to me a <;opy of any printed papers
which have been laid before tlu^ i)arliament of the Dominion on this
subject.
1 have, etc.,
II. T. Holland.
Gov. Gen. the Most Mon. the MAiUiUis of Lansdowne,
(}. C. M. G.
etc.
[Inclo8iiT0 No. 1.]
The foreign oJfUv to the colonial office,
F<iKKl(iN Okkick, Jnli/r*, 1887.
Silt: I am dirtTtcil hy tlio Manini.s <»f Salislmrv to .. kiiowlcilj^e tlie rt'ceipt <»f your
Icttor (if till' 'JTtli ultimo, relating; to the cumo of tlif .sfi/.iin> of certain ihitiHh v»HHi)ls
wIh'Ii cn^a^^i'd in Hi<al lisliin<r last iintiimii in Hclirin^ S*>a.
In i'ci>ly, I am to rciincst tiiat yon will state to Sir H. llollaixl that in Tiord Salifi-
hury's o|iiiiioii it is very dfsirabli' that, Ix'forr any furtht-r rt'iiri'Sfiitatioiis an' made
to th« t'nitt'd Stall's (JovfrnnH-nt with a view to ohtaininj; reparation, II«>r Majesty's
Government should he in poHsegsion of thu records of tht- judicial |irocecdingH in tho
SKAL I'lSHKlMKS IN HKUING SKA.
169
dlHtriot riMirt in AluNkit, mnl iiiHtrii<;tii)iiM Imvo Ihmhi Hciit h.v t««lf)(rik|ili to Hir L. WoMt,
ilirt'ctlh^ liiiii to i-<-i|iii'Ht tliut III' limy Im> t'lirniNlicil witli llii>Mt< ilDiiiiiifutH liy tlin Uiilte«l
StiitfN (iovi'iiuiH-iil lor tln< use III lli<r Maji-Hlv's (iovf|iiiii«Mil.
I am t'lirllifr to rniiicHt tliiil tliis ili-parliin-iit imiy l><< Mi|t|iliiMl witli ii fopy of tiio
|ia|ii'rH wliicli liuvc Imtii luiil Ih^Ioic tlll^ CiiiiiMliiui i'itiliiiiiM'iit in r«^ar^l to tiilHiiiifM-
tioii. •
I am, ftr.,
J. V. LislKlt.
'I'll.' UmiKU Sl'.niKIAKV OK STAIK.
Colonial (tfiui
No. i;{9.
Sir 11, T. IIoIIkikI to Lord LtiUMtloinic
No. L'7!>.) Downing Htukkt, Atujusi ir», 1H.S7,
My Lord : I liavti tlic honor t(» tniiiMiiiit to yon, tor coniiniinuriitioii
to your miiiistt'i's with it'ltTt'iKro to pn'vioiis coni'spoiMlMiicr, copy of a
letter from thi^ fon'if;ii otliiM', iiuMosiiij; <'t»pi«'s of two ilLspatirhcs which
havt^ been ailtlrcsscil to llcr Miijc.sty'M minister at Washiiifiton. respect-
ini; tlie seizure of Hrltish sealino sehboners in Hehrinj; Sea l>y an Ameri-
can revenue vessel.
1 have, et(!.,
n. T. Holland.
(lov. (Jen.'the most Hon. the MAUt.'iis or Lansdownk,
(;. ('. M. (1., etc.
' [lllrldMUri- Nil. l.J
{■'iini'iii olftti tit roloiiidi iijjiir.
l'(»i:r.i(iN Ori'K K, .{lujiist j-,', l^sT.
•Sik; WiMi r««fficiici' to your h'ttcr ori-<tli July l;isl. I aiiMlirci ud liy tfn' Miiri|iii.s
of Kalisliiiry to transmit to yon I'or |||.' inlormat imi of Sir II. iloll.iiiil, ('o)iirH of two
tliHpalclifs, Nos, ll):t ami I'.M, Intli instant, wliicli iia v-- lifcii ;iil(lii'.sscil lo l|ir .Majesty's
niinist<-i' at Wasliinuloii in n'i;ai'il to tin' sci/.nri< of Kriti.sli scaling Hrliooiiris in Kojir-
iiig .Sfa l)y tlir rnitcii .siaifs aiithoritii s.
I am, etc.,
.1. \. Ldisikr.
TIr' Undku JsKciticT.vin iW Siati:,
Colonial Offici,
[ IiiiiiiMun' No. J. 1
Till' Miiniiii^ of Siilishiirii In Sir I.. H'fut.
F<iiii:niN Oiiici:, Antjitxl Kt, Hri7.
>Sll{: I Inivo to inform y(m that a li'lioiam lias Ixi'ii rii'i'ivr.l from tin' loinmamlcr-
m-cliit'f of lltT Majesty's naval foncs in tlic I'acilir, ilatiil Nictcria, Miiiisli (.'oliim-
Ilia, ontin«7tli instant, from \vlii<'li it appears dial an Aineiiean revcnne vessel hail
Hcizi'il tlii't't' more Itrit ish ('nl.iml)i:iii -ealiii;; schooners when a loiij; ilistance fnnii
lainl. ami tliat they had liee:i taken to Sitka. He further stated that several other
vfN.sels in Night from Sitka were lieiiig towed in.
It will he within yonr reeolleetioii that in the eoiri'spondeiiee which has iccently
tuk»'n iihicti in rcganl lo the previous sei/nics ol three liiitish vessels hy the I'liitcd
States nivcniic cruiser I dririn, Mr. M.iyard stated in a note dated the ltd l''elniiary (a
copy of wliieli accompanied ynnr dispatch No. 'M of the following day), tliat " without
J
170
SKAL KISUKKir.S IN HKItlNG SKA.
concliisioii at lliis tiiiK' ofilav ■*!' :tii,\ i|iifMt inns wliirli iiia,\ he rniiiul to hr iiivdlvcil in
tlifsc casfs cifHci/.iirr, oidiMs liavf I ii issiicil l»y tlm rrfsiilfiit'.'* <lir<'t'lii)ii lor I lie iIIh-
(■itiitiiinaiici' iil";\il |(cti(liii}i iiri>i'fr(liii;^.s, ilic ilisrliarut- of tin- vcsmcIh rDlV'iTcil tn, himI
llic Tfira^r of all inisiins iiiiilrr arif.si in cdnnft'l ion (JH-irwitli."
IrtMjin.st tinii \oii will at onct' lonininnii'ati- witli iId- I'jiitol Slutt's (iovninnfiit
as io t lit' naiiiiV ot' I III' inlorniat Ion wliiiii lian iraclii'd t lit-ni in i'c};aril to llii'sr ini llior
Hci/iiii's of l!i ii isli Vfsscis liy thi' i'nili'cl Si alfs aiil lioiil ii's.
Yon will at I lie sanii' I inir say I lial Hit Majcsiy's (iovcrnniiiil hail aMMnnicil, in \ m'w
of llif as>niahi-i' con vt'\ iil to yon in Mr. Mayanl's notf ol" T'clnnary II last, tini )mmu1-
inj^ a conclnsion ot' I 111' ilismssion lii't wcrn t lie t wo ( lovri nnii-nls on i In ^rni'i .il i|n«m-
tion inviilvi'il, no I'nitli.!' >iniilar sri/nii's of MritiNli vi'->si'Ih wonlil lir ni.iilr li\ nrdi-r
of tin- I'niti'il Statt's (jiovt'liiiiK-iit.
I am, rtr.,
SaI.I.MII KY.
(Ini limiur \m, 3 ]
Tin Maiijiiin i)f SaliHlnirii Io Sir I.. S, W'vHt.
Foiii;i' V Okkici:, An<iiint Ki, !-h7.
Silt : i liavi> to ii<'kin>wli'il^i' tin- ri-i'inpt ol'yonr ili.s|)ai rli, No, I'.M), ol t In* I'JI li nil iinoi
iiirlo.sin^: piinti'il copii'-* of till' n-ronN in tin- Initril .Stall's ilistrirt roiirl for tlio
ili.strict of -Maska. in tin- casis of tin- Kiiiish ColnnilMan si-aim;; si'liooni'i'> Oincnrd,
Ctiroliiia. ami Thnniliiii.
1 HJionld III' ijlail if .\i>ii wonlil infoiin inr wlii-tin'r tin owiiitn or inasliTN of any of
tlii'M' vcssiIn li.ivi' rntri'i'il an apiii-al ajiaiiist lln- jnil;;ini'nls ili'livi-i'i'ii liy llir I'oiirf,
ami -.N lirllirr, if llii'> liavr imt alfrailx ilonr so. snili a ronrsi' is •-till ojumi Io ;lii'ni.
It is also <li'sii-,'ilil<< that Hit Maji'sty's liovn nnirni slioiilil lir fiiinisln-il witli a full
i'r|iort of tlii-|iroi' lini^s at tin' trials of tin' ina tri's wliirli ri'sniti'il in llnir I'oii-
viction anil s'hti'iii'i' to iin|irisi>nini'nt ami tiiir.
I lijiN'r Ini'l lirr til ri'i|ni'st t liat \ on will iinli-a >'or to asri'itain ami i'i'|ioi I to mi' w lien
It is |irolialilr t lial tin' ,'i|i|)fals rrfriiril to in s oni ilis|ialrln-s Nos, ">< ami I lit, of t iir '.jil
April, I — ^7, ami ol i h.' (it h .Ma\ , H-T, irspi rti vi i\ , nl tlir ow inrs of i ln' .Vnn'iiiaii sliipH
wliiili wi'ii' si'i/i'il on similar ;;ionnilH, will roim' on f o • hrariii;;, ami wlii'tliri' anv ar-
ran^i'im-nt lias Ih-i'ii or ran now, in yonr oiiinion, ad vantajironsly In' inadt' lirtwci-ii
till' ownrfs lit' t III- Mril isli and .\nii'riraii vi'smi-Is on t In- oin' s'di' and I lir ( iovi'iniMinl of
flic I'liilril Stall's on llii' i.tln-r, llial oiir of tlirsi« casi-s nIioiiIiI Iii' ii';;arilril as a li'st
rasi', liy wliirli, in so far as thi> A.niTii'an l<-;;al Irilniintls ari' ronri'itu'd, t lir rrtiiaiiiiii>r
rasi'N ini;;lit lie lii'ld Io I ilK'ludi'd.
II innst. j^iowi'viT, III' clr.'irlv nndiM.stood tlial an\ siii'li arranjii'ini'nt, if inadr, wonld
only al'i'i't llir I'-^al ri'im dn-s whirli witi- oprii to t lir masirrs ami owni'isoi iIk'ho
vcHsils in till' .\mrriran I'onits, .'ind wonld in no di-^iiri' limit tlir riy;ht of lirr Maji's-
ty's ( Jo\ I'lnmriii , iifli-r all snrli li'^al i rini'dns w rir run si drri'd to lii> rx liaiisti-i|, to iii-
ti'i'M'iii- lliron;;li diplomat II' rlianiii'ls and on inti'rnatioiial grounds mi lii-lnill ol' sii<;li
in:' ■>trrs or ow iirrs.
It is pri'sniiii'il that tin- riTords of t In' prm ri'diii;;.s in I lie cases ot tlic mci/hh's of tlio
Mriiisji Hcliooiii'is w liicli aicotiipannd yonrdispatcli No. I'.iii. were ciniiinnnic!'ieil olll-
ciallx to III!' Maji'sly's leijaiion, ;inil, if so, I reipiest thai yon will furnish me wilii ;i
copy of the note l>y whiih tiny were aceoiiipaiiied.
1 am, etc.,
SaIIsHIKV.
Iliii'loHiirx No. 4.)
Sir I.. Went Io Ihr .l/(i»'(/(M« of Saliiihury.
\VA.siii.\(i ION, ./«/// i'J, I ■'ST. (|{ ived July J'J. i
My l.nlU'; Willi reference to yonr loiilMliip's lele^r;iin of the Hill insliuil, I hiiv«
the honor o li.'iiiHinil lieiewilh printed copies of I he jiidieiiil proceedin^N * in tlio
I'nited States disiriet courl for the dintrici id Alask.'i m the Hevenil cases of th«
HrhonnerH Onivnni, I 'itroliiiu, and I'lioniioii, proceeded ii^rainst on a charge of killing;
fur seal ill Alaska.
I nave, eie
L. S. Sackvii.lk \VK..'<r,
I'rinled mtpra, ineloHiiro in No, 14.
No. ;j'jr).|
SKAL riSllKRIKS I\ BKHINO SKA.
No. 110.
Lnnl Lansdoicne to Sir Henri/ lloUand.
171
AldlST 11», IS.sT.
' •-,
Sir; I liiiv*' tlir lidiior to inclose licrcwitli loi- \oiii inforiiKitioii cuitics
of a i«'|>orl icfcixtMl liy my iiiiiiistci uf nijiriiit' ainl tisliciu's Jrom tho
(MtlU-rtor of t'u,st(»ms ill \iciuriii. IJiilisli ( olmnltia, (lait'd !Mli instant,
in rcjiard to I lie st'iznrc of tlo* scalns (Irttir, Dolphin, ami W. /'. Sotftrard
by I'nitcd States rcvennt' cnttcr luclutnl h'lisli.
I lie;; to call \onr special attention to the <le|»osition, im;l<»s«'(l in Mr.
IIainle,\'s report, o\' Ciiptain liainjf, of the W. I'. Satfirard. Von will
ol>seive tl at Captain l-iiinu stilt es particniarly tinit the seals of which
the skins were tonn«l <)n hoard his \cssel were nt»t taken in the IW'liring
Sea.
If is scarcely necessiiry to tlwell upon the ;irievonK liai<lslii|(s occa-
sioned l»y these seiznics, lui which, iis tar lis I am auiiie. no jiistilicaliou
IniH yet l)een foithconiiii;;, not only to the owners and t(» the otlict'i's iin<l
('lews liiit to the liidiiiii liiinteis on Ik- imI, \\ ho were, it appeals, "left
to tind their wa\ home as iliey c<»iild" lom Sitka to their own Nilla;;e8,
<tiw:f.|Iit <llwiii> Too i>>n..o I'f.^i.. ll...» ..l.w...
i.^ I. .11. i.i. .. »i«.i II. fill. II.-. 1111 , i,rii|v| I
distant ahont 7((() miles from that place
Lanhdonvnk.
|I)t<lfl!<nri' JTiV I.I
Mr. Hitiiiliji III Ml-. Iinirr.
ri'STuM-TforSR,
Victoriil, Itiilixh Coliimhiii. .(i(;/(i«r.l, tSHT,
Siif : On liii- .'illi iM.-*i,iii( J Hi'iil you \<i»r<l !•> lflt>;4r)iiii lli;it llin-i- niori' Ciinailiuii
vchmIm hail 111 (Ml s«'i/ril ill Ki'lirin^ Sea and .scut to .Sitka ; (irua, Ihil/ihhi, aii'l H'. /'.
Saiiuiinl. I'iii-. ui'WH narlu'il uh l)y tlu- .■<ti'aiu«'r ^>/i///i/>(i(;i, iinil llinlas fnljowiii^ tlu'
IIIH'li- i»f llir If. /'. .S(l_i/IC«>'rf, oui' of itu'rtri/rri M'SMl'l.s, caiur lidw II nil lllr slcaillrr lilnho,
I li;i<l liiiii liiMi* at till' cuHloinliitUHi' ami Ins >latriuruts in mii'im- |iat I iriilais wi-ro ho
iui|iiirtaut lliat I iliuii^lit it ilriiralilr i!iat ir sliiiiiiii l)i' lakfii down Itrtiiii' a notary
liiililii' anil 1 1" ilipiMit ion t'orwaiili'fl ("mmi. I iiiclosr it iirii-wiili. TIk' '.ri/iiii' wuh
iiiaili' on till' '.Mil .Inly l>y ilw niasU'i i/t' ilir ri'Viiim' ciiltri' Hiixh in liclirin^ ."^i a. I'lotii
Mi to |<> iiiilrs iVoin .my lanil. Thi' .-iUi.'is. ','',\ m niiiulii r, all lakrii. lu' huvs, hi ilic
i'ai'itii', MriT I<mI;ji'iI ill ilir Alaska ( 'i>ni|>aiiy'K ■ iii-lioiihc at i*onalaska ami tli<' m-nni'I
luThrU* Ni'iii to.'^itka. 'I'lii-r*- ih un ilouttl r.iiw, li.>iii iln- ilrrlaia' ion of" tin- niastrr of
tlir I'liiiril Statis ii'\ rum- riif t» r niaili- o]dii-iil,\ on t in- <ii ik nt' t lu' ^V. f. .^niiwiinl. tlijit,
ill Hri/.iiiit iliiHaiiil till- III liiT( ■an/«^}!an \ rs.Hols. h" vvaH ii( liii); iiuili r ilin-rt inslriii't iiiiid
iVnni Ilir I'liitril St ali-M I iiiviTUliii'lit .
I I'oiwai'il also till' iiifittuialion laiil in I'li- (listr)rl i nirr at .''>itki - 'i'l I'liiti'il
Slati'M attiiiiii'y Ifall a){ainst tlu- iiiahti'i' ami inafi' of llir H'. I'. Siiiiiitir'l niiiict-
lui'iilM against tlu' iiiasii'r.s anil niati'^ of' tlir othiT vi's.scIm ari' in tlir >-. m\< mnun aiut
ti'iiiis, flic .•omjilaiut Immii^ that thry lnnl l-.illi'it I'm' .seals in Mcliriii); .Si-a roufrioy to
till- slatiili'H of till' I'niicil Slati's, iiml against ihi' pfari- ami ili)(tiity of tlii> I'uittMl
Stall's of .\ini<i iiii.
Till' caHr is to hi' Inanl i.i tin ilislrirt ronri at Siika on ihrV'Jil of I hi- nioui li. I'lir
iiiat.i' of tlii> <r. /', .S'dvKio'if w.i- allowiMl out mi hail in ?5.".0l> anil ii'tiirin'il la.st iiigbt
for tin' trial.
1 luivi^ thi> honor to lie, xir. your oliciliiiiit sorviiiil,
Hon. (iK.o. v.. FosTKH,
Miniilrr of Mitrim anil l'i»hrrui.
172
SKAI. I'FSHKKIK.S IN' HKKING SKA.
f rni'logurp No. 2.1
.ijfidarit of tndriw Lainij, male of nchooner W. /'. Snifward.
HKiDH witli suit lakcii IViiin diir I'.Hsrl. Tlii'v |)iit ;iii olllrrr Iroiii till* liiiHii on liiiiii')!
and towfil us Dill t't sea ami ti)lil us to ;.;ii l<> .Silkii. Wi- iinivccl iImtc mi tin- 'i\iil
Jiilv. Hiiil on ihf iii'Xt (lay :iii i.ivcst i;f:iti<in was lidd liotort' .Jii'l;;f Dawson, who
bonn<l ns over to appoir o!i tin- -J-Jd August lor trial. Thf vcssi-l was li'Ci in riiai^;*!
of tlid Tnitcd Slati's olllcfis. and w(> wcin only allowi'd to n>inoviMinr riothin^. Tlic
Indians wim'i- li'Ct to lind llii'ir way Iioiik' as tln-y could : tln-y wrrc aliout 7(HI iiiilos
frofii I lii'ir vjllaiics,
rtliiT say that wln-n wr wiTi- i:il<t'n I spoke to tin' captain td" tin- IIiihIi, and
ini we had not taken a seal in Itidiiin;^ Sea : h<' rcphed that " I am sori'v lor
l..it-.. 4.. ..1...V ..i-.l..i-^ ..i.il t.il.-.. ..(■..■-.- I I. i II. # I ... .111.1 ....1....;^ ill lt..li i-i ii.r C.i. **
tohl him we nao iioi laiveii a ..leai in iteiiriii;^ .'^ea ; iii' repiieo iii:ii i am si
yon ; I li;i\e to idiey orders iiiid take i-verylliiii;; I eome across in ISehrin;; Sea. '
And I make til is solemn declaration liy \ irtne of t he act passed in the tliii'ty Ne\ enl
y(«ar (d' 1 ler .Majesty's lei^n, entitled, "An act tor the snppieH.sion of voli.ntary at
t!.\tra judicial oat lis.''
A. I.AIMJ.
ith
id
Taken ,'ind declared liefoie me it Niclm'ia. Mrii isii ( 'oliimliia, this ■'ih dav of An^^nst ,
1HH7.
.M. \V. IvKWiinT l>i!AKi;,
S'olitni I'lthlir.
llncloHiire X(i. X]
Inforninlii»i n'rrrd nil .Imlnir IaxUkj.
IN TiiK Ki-iiticr ( nrijT ni iiif t\mi> s r V t Ks toll I III': insriMcr i>i' .vi,.\ska.
(Till' Unitiil Slates IK. ir.iirLje It. I'lrry ami A. L.iin^. liiruiiMiiliiiii j
Di.sruuT or Alaska. «« ;
(ieoree |{. I'eiiy and A. I.ainy; ire .'iccnsed liy M. 1). Hall, rniteij States dlstriel nf-
torney tor .Maska. hy this iufoiniat ion, <d' the crime ol' killing; fur seals within the
vaters of .Maska reiriloiy commit led as follows:
The said <;eor;,'e \\. |'"en> ;ind .\. I.ainy;, on the -ih day of .Inly, A. !>. l""''", in the
district of .Maska, and within ih' Jurisdiction of ihis court, to wit. in the hehrine;
Sea, within the waters of .Mask.a 'rerritory, di I kill ton fur si-als, enntrary to tlie
Hiatntes of t he I'nited Slates in such eases iinide anil provided, and ajrainst the peace
and di;inity of the I'niied St«tcs of America.
Dated af" Sitka, tiie ','Hd dav of .Iiilv. iB.sT.
DlSTIttl r 111- .\t.ASKA, MH .
I, .M. I>. liall, I nited .'slates district altorne\ for .Maska. Iteliii: diilv Hwont, sav tli'
within informal ion is trn(>, as I veiiU helieve
M. I>. Mam.
Sllh^c■•ih^(^ ;,'id s irn to liefine me tlrs -.Mil d.iv of .liil\, A. I). I~H7.
I..
II. K, Mavimin. Chvk,
\\\ .\. A, Mi:vi:ii, lUjuiiii i Ui-k.
I corlifv that the \\iiliiii is a line copv .d'ihe inroniiation llled in the cause.
II. Iv IIavi.mn. t hrL.
l\\ A. A. Mkyku, Ihjiulji rhrk.
SEAL FI.SHKK1ES IN UKUINO SKA.
173
IVrHoiially Hp|i('arf<l Ih'Coiv iii«, Muiitiif;ii<' W. Tyrwliiit Iinikr, notary |nililio. tliily
aiitliori/.fd, ailinidcd, .■mil swnni, rrHidiii^ aiul inarliciii}; in Virlnria, HvilJNli Co-
luriihia, Aiiilrcw i.ain^, inulf of tlio Kiit ImIi hcIkioiii'I' M . /'. Sa/iwiuil, w ho staifil that
thu al»ovr-\vritt<'ii iiiforiiiatiiin \va« ^^'I■v«•(l ii|i(iii him hy Mr. .M. I>. Mall, uii iht'Viltd
July, IhrtT.
[L .s.] M. W. 'I'Yitwiirii iMtAKi;,
.\<il(iiy I'lihlic.
So. Hi.
iSVr L. S. Sdclcrillr W'rsf to Lord Lduxiloirnc.
No. ()(».| W'AsniNci TON, AiifiKst L';{, IssT.
My Lohi): Witli n-frrcnci' to .vmir cxccllt'iicv'.s f.'lc^^iiiiii of \\iv Sth
instant, I liiivc tlic lioiKii' ti» iiK-lo.sc Itri'cxN it li, tor the iiit'oi nciiioti of vuiir
ex(',t'll«'iic\'.s (lovciiiiiu'iil. ('(i|»i«'.s of tin- reports of ("aptaiii Slu'panl of
th« llnittMl States cniisrr h'lish, ifspt'clhi;; iIh* sj'iziiic of the Hiiti.sli
sealing vcs.scls Atnid iStch', Sai/inird. Ihilphin, aiitl (Irmr.
1 lia\ »', ftt;.,
\,. S. Sack VII. m; Wkst.
Ili.s Ex'jt'IhMicv tlip .MAiiijns ok Lansmow.nk.
tl. C. .M. (i., ft'.'.
1 IllI'lOHIlIf Vll. 1.)
Mr. I'liii-iliild III Mr. /.'i/i/flri'.
Till AS! I(Y l)»:i",\lil.MK> i,
,7 ((;/'"<' I'''. I~^".
Slli : 1 hll\ I' the h I'll I II' Id ark now Irtl^c t hr rticilil nl' yniir Id lei' nl' t hr lilt 1 1 iiirstallt ,
in whic I you Ii'I'iT to illl'nl luatinli irciiMMl tllli>ll;;li llic itiillNli lilllllsti'l' ah to tluf
n'ffiit Nfi/nri'1 l>y I'nitctl Sinic^ niiiNi-r^ nt thu-i' Ihiiith Ciplmnliian M'alin;^ scIkidm-
iM'H in Iti'lii'iii;^ Sfa, anil M'i|ni'si siiih inl'in iiial ii'n i>MthiH I )i'|iartiiiriit im.N.m.sHi'H nr can
ohtaiii iViiiii lis au;i'iit'< , idaiiM' to >aiil .M-i/iirrM, a'ul in ii'|>l\ Ihi'iiin I linlitNi' hrrr-
with ii(|MfM III' llif ii'|iiii|s III' till- raplain nl' tin- iisciiiir iiiHir lluxli. uali'il tin- Ith,
11 111, anil l>th nil iinii, ii'|iiiil in;; I hi' ni-i/iiri'M <it' thr llril i^h ,s|i'aiii->rhiiiiiii-r In /in lU'rk
on the t.'il, thr I'liitiMli slrani m hunni'i' /I. /'. .^ki/h nn I i>i\ ;Im' '.Mh. tin- Krir.xh strain
Hi'liiiiinrr liitliihiii nil Ihr I'Jth, anil the liriti.sh Mlra>:i-Hrhiiin.i-r i'.o')'((i<' mi thr ITlli
ultimo.
I am, I'll'.,
('. .s. KaIKI'IIII.I),
'rill' ."1:1 UKTAIIV III' ."^lAtK, I'll'.
I Iiii'liMuri' No. '-'. I
Cuplain Hhviiaril, I , .v. Hiriinn Murnif, to Mr. luiirrliild.
I . S, K'KVKNt K .MaKINK STI \MI:I! Ill s||,
OiniiiliiKha, .l/dfiAir, t/iW,i/ 4, |h»"7.
Sin : I liavi* tilt' honor to ii>|iort to lln- ri-patlmiiil tin- Mii/nri' on ildth .hiiir of tli*'
MC'hoiincr ''/((i//(H(/c, III' .s^catlli', Wash.. II. K. .Inins, masti'r, ami AUn'it I>imi|;Iii>.. of
Sealtlr, Wash,, incHiili'iii (if till- |)<in;{liiK I'm' I 'iiiii|ian,\ , " maiiauniK invni-r," I'm' vmlu-
tloiiH ofHcrlion lltiil, Ki'vi.si'il Stat iiIi'h, ihi-y having skiiih ol I'l'inah' I'nr-Hi'alN ami hkiio*
ofnnliorii Ni'al on lioaril, w liirh latter tln' caplain ami mate ailiiiittcii witi' tiikiii
from tin- fi'inali" ural kilhil Uy ihi'iiiMi'l\ i'h ur tin- i'M'W nllhi' M'.s.ii-I.
Tho Clnilli'iiiir whrii I'lniml wax anrhoii'il at .Akmitan Islanil. .MaHkii. I look Inr in
low ofllir /i'i(h/i .'inil |<riii'i'i'ili'ii til •tiinaliiska ami liriivi'iiit hrr •■kiiiH, Idl in iinniliiT,
to the I'liiti'il .Stall s ili'|iiity iiiarNhal at this iilact', aiii liuvc takt'it Imt nrnm iiinl uiii-
munition mi lioaril thr llitxh lor Nal'i' kcfpiii};.
174
SKAT. FISHKUIKS IN HKKINO SKA.
Till' (^rcw, ciiiiNiHt int; of liCtfrii iiumi all tolil, wt-rr sliippi'd at I'orf TowiihimhI, Wash.,
hy H- IJash, I'niti'd Stati'H Hlii|i|iiiij; I'oininissioncr, ami wen- loiiiiil iircMciit, fxrcpt iii^j
AV'. ('(inrat/., )>!' liri'iiiany, Iranian, wliniii ('a)itaiii .1 s r<-|)oi'iH wat takt'ii sick and
Hfiit aslxnf at (inosi- Islainl, iWiti.Hli (Jolimitiia, ami "liiiu-.s/'aii Indian of Uritisli C'<»-
liiiiiliia, \\ as .sliiiiprd in liis Ntt'aij at tliat iilarr.
III 4 in III lii, III M I. "Ml 1 III iiiiiiii ii, Ilia iiii^ I II ;^ II \\ III I , nil ii rifii 1 1 ii;; \ ii_\ a^t , ii nil iiii ^ i ii^
alinnl :t:!l srai-sk ins iin Imaril, I'.i uC \\ hirli ; in' rapt.iin adniittrd witi- taki-nnn Krlir-
in^ Sea. Ills linalM liaii rrmitly liciii taken mil nf tin- walcf and rnnHiilrralilc ln',->li
Ncal liltiiiii and ;;nri.v wni' t'liniid on drrk, indiiaiin^ tliat sral liad I n sl-inni'd and
diTHscd III! Imai'il tliat day. I .sij/.i'd the mvhsiI t'ni- \ii>lalii>ii td' srcliun I'.t.'id, K'l'viMcd
.StaliitrN, tiiok In-r in tow, and prorrt-ded to Oiinaiaska.
Tliis vrNscj was sfi'ii on .Innr .10 in nrarly llic sanif position as wlim wr I'onnd litT,
liy ('a pi ail! Payi-, of t lie stcanirr llnni, w it li sfvrral Itoals mit ImnI in;; seal.
I found on I ma I'd a v\v\\ of niiK'trt'ii iih'Ii, all told ( st-vt-n wliitr and t \vcl\ c Indians),
and tlii-raplain n-portt'd tliat on .hini' ;tlM \mi lioats, containin;: two Indians t'acli,
wni' lost in till' fo^ and iniild not In' found, in addilion to tin' .'ilnivc niinilirr.
I has r di'iiv iTi'd tin- Aiiiui I'm !., w il h out 111 and '.!:i I sr.'il skins, to thr I nit id .'slates
di'piit \ iiiai'>lial at ( Iniial.'iska. N<> anus or :ininiiinil mn \M-ri' I'oMiid mi imard.
As 1 hr oltii'i r.s of t Ili'M- Vrssi'ls havr to 1(1' lilkcli licfol'i' I lir 1 'nil rd .•<! ;ilrs d ist lirt
coiii'l at .'silka lor trial, to whiih pl.irr llii'ii' is no rstalilislnd mode of riin\ i-yanc*'
from licii', I havr placed the oi'iieer-. and i lew s of lioi h visselson hoard the sehooner
f 7ifi//n/f/' . and dispatehed Ifeniainill l,olell\ en. one of the ele\\ (if this Vessel, duly
(|iialilied :is .'I ilepnis Iniied .Slates marshal in eliai';ie, to Sitka, with instrnetions,
on his arrival at that phiee, to deliver the vessel, eaplains, and mates lo the rniti'd
States inarshal :ind loset theeiewsat liherly, l.oreiiyen to reinain at .sitka until the
iiri'iN'al of the It'iixli at the einl ot the season.
niUll s lllill siuil illlll Misei I III- l'ie» M ill llliei
iiri'iN'al of the Itiixli at the einl ot the season
I am, eie.,
Hon. ('. S. I'.MUciiii.i",
Sicniitrii of tliv Triiimirji,
I,. C. SlII'I'SKK.
('(ijiliihi I . S. li'i n 11(11 Miiiiiii,
I Iiirliisini' N'li. 3. J
('(ilihiiii .^Iniiiiid, I . S. Kirii/iir ,)furhir, l<i Mr. I'lincliilil.
1". S. K'kvkmk .Mahink Stkamku l{tsii.
I hiiiiiliiskii, .lla.ikii, ■liili/ 11, l--/.
Silt: I have ihe honor to infoin> the llepaitineiit that on '.itli .Inly, in the Itehriii;:
iSe.i, liiiiimle .M ■ I'.V N.. lonuiimle lii" .M \V., ('a|ie ("heeidil, (>iin,ilaska Ishiml.
lieaiiii).' Slv true ,"i'.» iniles distani, I lioaidid and eNaiiiined the Itriiish sehooner
/r. /'. .S((i/i(((»i/, .V.l.Tu Ions re^;ister, of N'ietiiria, Mnlis'i ( 'oliiiiiliia, (ieorjic H. l-'erry.
iniistei, and W. D. Warren, of N'ieioria. Itriiish ('olnmliia. inunajLiin;^ ow m-r, ami lonml
her til he on a .sealine; voyay;e : had heeii four davs in the jtehiinnSea.
'I'lie eaptain reported four hnndred iind eiu;hiy-live seal skins on ho.ird, sisiy-foiii-
of w'liieli were taken in t he Mehriii^ Sen : found the vessel under short sail ami nut*
eaiioe ami t w o
iiidi
alls mil hunt III'' se;
Her
insisted of .-.ix while nieii.al
lold.
id si'Miileeii liidialiH fioiii Mliti-h
Coliiiiihia, and two Indians In loii;riii|j to the erew nf the hriii^li si liooner Imiii Hirl.,
who had lost that \ esse! in a fo^. I iimk eliaij,;' ot t he \ e
papers ami
lor violation ol' section I'.* >•!, |{e\ imiI .Slat iile-'. took In i in tow and pioi
ilasl.
• I liei
I'd |M
( nin.'ilaska, arrlsiii}; al iiinlni^lii.
I have delivered the imir liiMiilred and ei^^htv -li v>' seal skin^ luund on ><oaid to the
Cnited .States depiii \ niaishiil .ii ihis place, and will -enil the vessel an; lierer«'tv io
Siika, Alaska, in ehar;{e of one of ll)< crew of this vessel, dtilv i|iiiil:'i«>ii as h ■ iiite.l
St.'iles deputy marshal, with instructions to deliver the vcmm-I with lit>r
th
('ii|itaiti and mate, to thx I'liited Stiiti*H iniii'shHl an Sitka, uii urrivHl ■«! ttMil |«««1. uiid
to set the crew ut lihel'tV.
1 aill. etc
apUii
SEAL riSUKHIKS IN MEKING SEA.
175
[Iiu'liiHiirc No. t,]
('apltihi SliviKinl, I'. S. Hrrnnn Maiinr, to Mr. FairvUihl.
V. S. K'KVKNii; Maimnk Sikamku I>'i sii.
OiiiiiiIiihIciI, .lldskkil, .llllif IH, HHT.
Sik: i liavc tilt- lionor to iiitnnii tlit- l>r|iarliii)'iit tliat tm .liily I'i, in tin- Mt-lniii;;
8«'a, latitiKlf r.l ' :!M' X.. IniiMitiitIf Vu lt:»' W., (.;apt> Clitririil, Omiiilaska Maiid.
hear ill <^ SI'',. kS. -[D iiiIIi'h ■ istaiil. I linaiilcil ihhI fxaiiiiiiftl tin* Itrilisli Nicaiii-srlKiiiiicr
//((////i()(, (in.ld tons rcjiistiT, III' VictiM ia, Kiili^li Coliiiiiliia. .1. I). W'arrni. iiiasici ami
Iliaiia^iii;; owiht, aii<l Ciiuinl Iut to In- nii u Ncaliii^; \ <»\ a^r. 'I'It vcsmcI had Imtii tliift-
t\u\» III till* Iti'liiiiii; Sra ami liail <il^ st-al Nkiii.s on 'loaid. !'■ n caiiorM and oih' lioat
were out !inntiii;r si'al at tlic tiim-.
l''i(ini tilt' <aiiors twelve or mnrr di'ad seal were taken on Iioafd the siIkioiht while
we were mar her. ami three skills Iroin senl iceeiiily killed were j'oiind in the lio.at.
Sei/ed the veHsel tor violation of .section lll.'it;, li'evised .Statutes, anci t raiislerred her
linns and ainiiiiinition on hoanl the L'iihIi, namely, l lueeeh-loadin;; lilies. •,'»> lireeeh-
loa<linu' shot iiniis. lUniii/./le loadiiiLi shot i;iiiis. I lioiiiti ;^nn, I revol\ ers. ;!, |(i I iciiinds
aiiiniiinii ion tor liieeeh-loadiiii: rilles, 'J.'i'i rounds :iininiiiiitioii lor sliot ;;iins, t ke^H
]io\vder. .'ill |ioiiiids >hot, ami ot her small ainniiinilioii. Sei/ed the 1 Itreeehloinliiij^
rilles and aiinniiiiit ion lor same lor violat ion ot' sect ion r.).'il> It'evised Statutes, atiil
Bection I, I^Neeiitiv e < )rder. )iai ayi .1 |ili .i;!, dated .May 4, l^f^T. I plaeed lieutenant
I)ntiwiiody ill cliaini', with iiisi i iiei ions to take her into Oiiiialaska, where she ar-
rived 1 he rollnwin;; da.\ . The crew eoii>i>leil id' T wliiii men and "Ji") Indians I'roni
lirit ish Coliniihia .
On .Inly 17. in the liehiiii;^ Sea. laiiimie .'i.'i III! N'., loii;4it mle \u> in W., ('a|M«
C'heei Inl, ( iiinalask.i Island lieariii;; SI!, h I',., ".'ti iniies distant . I lioarded ami exam-
ined the liiilish sieam-'tdioniH r arm I , Tii.-^T tons re;;i^ter, ofN'icloi ia, Mi it ish ( oliimlda.
^^■illiam I'etil. masli r. ami .1. I>, Warren, of \'ietoiia. Ilritisli ('(diiiiiln.i, inaiui^iii;;
owner, atiil loiiml her to In- on a sealin;; vu\ a^ie ; had In en ten da\siii the ll.hrin^
Sea. and had "I'l'.l .-eal skins on hoard. When lioarded she had I'.' earn irs a in I one I mat
out hiiiitiii;; seal, .''^aw one se.il shot and taken into the hoat wliile we were near her.
Counted Iv.' seal taken oil hoard the sthooner Iroin «>ne eaiioe. and all the eaiioes eoii-
taiiied more or le^s seal recently killed. 'I'hi' ea|ilain re|iorted takiiij; '.tuseal dnrini;
the ilay and l.'iii the ilay |ire\ ioi;s. Sei/ed the ves.sel lor violation of M'elioii I'.l.'di,
Kevisid StiitiiieN, and 'J hre<'eli-loadin<;; lilies and ammiiiiition forHaine for violation
of Hi'ilion I'.irifi, !\*ev i>ed Si.'i4nte-,. and section 1. executive order, paiani'aiiii .'i:'., dal.<l
41 h .May, l-HT.
The Clew coii-%i»ted i.f il while meii.'Jl Indians, and one Chinaman. I'laced I ••■ii-
feiiant Iteiihani in charge, and after w ,iil in;; >even Iioiiin for hei' c.iiioi-^ to return,
Mome ol wlii<di IkkI lieen a lone distance fiom the vi'ss I tiiu\s liei Ml low and |iro-
ceedcd to Oiinalaska. airixiii^ at '.I :tl) this a. m.
1 ha\ e ihdivi'iid the se il skills I'roin these vesstdn to tin I'.'iiti ' 'states depii I y marshal
at t his |ilaee, and will -riid the ve>i^ci>, ill rliat'kSe of men from I lii> \ 1 ^mI duly i|liali-
lied as I 11 it id States de|iiiiy malshals. lo SUk», to lie delivi'red to the I nited Stiit«'8
marshal for the district ol Alaska.
lt\ rei|iiesi oi(','i|ii. ,1. |). Warren, of the linlfiktu, iiiumi^iiiic om tier of the sclmoiier
J/MKj link (Hi'i/ed "Jd .Inly, .-is |irevi(niHl\ reiioiK'tl), 1 will .Ht-nd her fo Sitka in like
tiiaiiner.
Also, on It'.th .Iiil.N , in (he Hclirinu S. i, 1 uitmlr .V« !•' V ' • ide 170 :tH W'.,
l)eliioi I'oint.Si, (Jcoijic Inland, show iiiu \. Ih> K., Kl ' I hoard"' and
o.vamiiieil the sel iier Lih/ l..,iV.l.V> tons ivui^ta-i. t>l >.u liaie!»<o. » al . ,1. W.
Todd, master, and ('. I>. I.add. ol s.-in I-'i.u.ci.m . . iiuti«a;cin>t ov\ ti< t and toiind her
to he on a Hcaliii'.; ^o;. a^'c; at the time had ,liit<e Vioats out. oh*' ««l » Inch, on let iirii-
in^ III I he \ essi'i, coiitaiiicd I wo seal rev'eiii 1\ killed, i'iipt.tiii 'r\idd and Mr. I. .old,
repicscntiii;; the owner, admiitetl ilie\ came iiii\> tlieM- w.«i>tN l«n till pnipuM'.iiid
had taken seal in the Kehrin^ Sea. nml eliiiim->l u ri);li< to «(«t so mii.n » lieit niitnide
th
ill* I
iiiiit from the hIioii
I
M'd the vessel for violation ,>i ><titH<4i UV*y l^'■\i!•«>•l Sl,-»|«li'»«. Tlieii' heiiifx
only two eomisHlonetl olliei rs on hoanl iikiH \ »■!«>>, .\ I iiU«<i.i( IVvtloMttin Winslow iiii
board the sehoonei lo repreHeiit the I'niti-^J Si)»tev;*iul in'*HHvl«d ln-t e.-iplain to tak>'
)i«>r into OuiittliiHka, wliieli he a>;reeil to ihv ih«-i>> iH'iti^ t>Hi iiiiu'li m\-« ninniti),; at th •
time ti' midertake to tovs her to th)»i pl.-ns . (>ii h«rtvri\al I will make furtlur
n*i>oit to the hcpHi tinent.
1 am, etc.
L. U. MlKfAUl
nptaif
17G SKAI FISIIERIKS IN HKRING SKA.
No. 142.
Ijord Lamtdoune to Sir II. T. Ilolhnul.
No. 338.] QrKMKO, Amjust L'T. 1.SS7.
SiK: \N'itli icfcrciu'*' to riiy dispatisli No. .'JL'."), of the IJMIi instant, in
rofjanl to tin* s«'i/ni(i <>l'tlM? seaU'is (huive, Ifolphiit, and W. /'. Sayictird,
by tlu' llnit«'tl Staffs nncnm' cnttcr liichard h'uxli, 1 liav«* tlu^ honor to
forward lu'irwitli copy of an approvt'tl niinntc of tin* privy conncrii of
Canada, dated L'.'Ul instant, to wliicii arc appiMidcd copies of tiu* follow-
ing' docnnicnts :
(1) A letter from W. Handey. c<dIeclor of cnstonis at \'n!ti>ria, Uritish
ColnmlMa, to tlie minister of marine and fislicries.
(2) Tl.i* allidavit of Andrew Lainj;", mate of tlie seized schooner Say-
ward, sworr, to at Victoiia on the Sili of An;;iist, IS.ST.
(3) 'I"he i/ilormation tiled in the distrittl conrt of the Ilnitetl States
for the disiri<'t of Alaska aj^ainst the master and mate of the Sai/irard.
It is re(|nested tliat these papers, copies of which w«'re imdosed in my
dispat(di aiiove mentioned, may he transmitted to the t'orei^Mi ollice. in
order that a remonstrance may l)c addiessed to the I'luted .States (lov-
ernnu'nt against the nn warrantable action of the commander of tho
RunIi, and a <daim made for all dama^^'cs arisinjj; from the seizure of the
Sdi/inifd and 1 he detent ion of her olliccrs and crew.
J have, etc.,
Lansdowne.
Sir II. Holland.
I Iii)'losiiri< Nil. t.
Ctrlijiid iopfi of <i report of a roniiiiitlir ni the lniiinriihlr llir jirini coniivil, aiiiirovcd by
liin ijrnlltiu 11 Ihr ;ii>vmioriirniral in coinicil on Ihc \i',Uui Aiiijunl, l^.•'7.
On a rt'iiiirl iliitrd ITlli Aii;;iisi, H-"?, Inmi ilii- iiiiiiistiTDr iiiMriiif anil lihlicriivs, siib-
tiiittiii;; with rrCi'ii'iK-f to t lu' (-ri/iiri' li\ tlir I'liitcil StiilrH slcaimT IHchard ItnnU, on
llic'.tili .liily hi.xi, 'II the lii'ln 111^ Scii, oftlic IJrilisli Mi'liooncr W. /'. Saynard, of Vic-
toria, t III- follow ill ^ |iii|iri>i :"
(1) A Iclti'i iVoiii \V. Ilaiiili'v. ( ollcctor of ciistoiii'* at Victoria, H. C, to tlu' tiiiuia-
ter of niariiii' ami li^ill'^i^M.
{'i) Tlir altidavit of AihIitw Lain;;, iiiali- of llic sri/t-d scjiooiu'r. sworn to at Victo-
ria, on tlif Htli Aiinimi, I--7 : ami
(:<) Till- infoiniaiKin lllcil in llir diistrict conrt of l'iiitc<l Stati'H for IIm> iliNtrict of
AhiHka a;;aiiiK| tin- lMa^t(*r ami matt' of llii- Smjinird.
'I'hc minister ol)s<M vch I hat, n|ioii irtfrrtH c to tin- allidax it of tlu' iiiato of tlii-HcliooiiPr
S.-ijiwttrd, it a|>|>i'ai>. that ail llic seals on hoard the v«'ssel were taken in the I'aeific
Oeejin and lielore ihe vessel entered KelMHi;; Se;i, so that even the alle;;eil riaini oil
the pari of t h< Lnited Stali-> <io\einnient lo jiii isdiet ion in ilie Mehrin;; Sea is not
a\ailahle in Ihe eas<' now eoiiiplained of; ami would also call allention to the reply
of t he eominamlei' o|' t he I'niled States steann'r Hivlmrd Hush, in w liieh he states liio
orders wi're '• |o lake evcrvlhili^ he eaine aeross in the Mijiiiii;; Si'ii."
'I'he I'oinmillee leeoninieml that \onr exeelleiie\ he moved to torwaiil eopiesof tll«
annexed papeis toihe I lull I hoiiorahle the pi'imipal seeretar\' of slate for th" <'idoni(!S,
for traiiMiiission to the loreitrn ollice, in order that a lemonstrance may he made to tlio
Lnited Stales (iovernineni for so nnwarrantahle iin act as that cominitted hy tiio
coiiimandcr of i he liivhord h'wh, and a claim inad(i for all <laina;{<vs ai iNiii;; onl of tho
m'iziire 4if the schooner M'. /'. Sttiiward in the open scii ami the detention of oflictTS
Hiiii crew, and also that copies (d the papers he sent to Mer Majesty's iiiiniHti<r at
Wasliiii^tioi.
All which is r>'speclfniiy snitiiiitted for y<Mir excellency's approval.
■John ,J. McfiKK,
* Clerk u/ thr I'riry Council.
* Priiite«l H¥j>ru, iiicloHitruH in No. 140.
Vio-
SKAL FISHERIKa IN BKRING SEA. 177
No. 143.
Sir If. llolUmd to Lord Lanrnhncnr.
J>oWNlN(} Strkki', September 1, 1887.
Mv Lord: I liiivc tlir honor to triuismit to yon, lor (MXiiniiiiiicatioii
to your (lovt'niiju'ii', witli n*frnMUM* to previous iroiit'siiouihMuu', :i copy
ol';i «li.sp;it(tli Ironi I lor Majesty's iniuistcrat \Vashiu;,'l«>n, i'u'losiii;; «!or-
n'spoMth'uce with th«' liuitiMl States Secretary of Slate relativei to the.
reireut seizure of s«'aiiti;i vessels in llehrin;;' Sea, wiiieii lias lieeu re-
(teived IVoMi tlie toreign ollice.
I have, etc.,
11. T. II')L1,AM).
(lov. (Jen. the Most Hon. the MAUieiis of liANSDoWNi:, ete.
[IlirliiHIirc 1. 1
Sir I.. S. II, si III llif Maiifuix of SnliMhiiry,
1 luivi', etc.,
I-. .*>. Sa( Kvn.i.K WKsr.
' liirliiHiiri' 2. 1
.Sir L. »r<v/ to Mr. lUujard, August |l, |H,-7.
(Oiiiifli'd hcri', liciii;; priiilrd miiira. Nu. \^k,
ril.
[Ini'loNitre K.]
My. liiiijaril to Sir I.. S. S. Itixl. .liKjimt \.\, IHH7.
^Oniittod JuMt', heiiiu; priiittvl mtpni, Nti. If., j
a. Kx. M»; — iL'
178 SKAL FISHKRIKS I\ MIIKINO SKA.
No. Ul.
>('»• //. 7'. lldUund In Lmd IjinsiltHcin .
No. .'{(KS.| Dowmm; Sikkht, Srptunhrr I, 1SS7.
Mv liOHi) : I have tlic li<»ii«ti' lo liaiisinit to your lortlsliij*, lor coiii-
ininiifiitioii to voiir iiiiiiisins, with irlVrnicr to |>r»'\ ioiiscoin-spoiHltMUM*,
ii copy ot' ii h'ttcr IVoiii the iiilniiialty, witli oiit> Irorii the roiiiiiiaiKlcr-iii-
rhi»'l'iii th«' I'aciCw, r«'S|M'ctiii;r Hi«' rapture ot'tlie scaliiif^schooiuT ylypf^
JJi'ck by an Ainciiraii revt'iiiie vt'SM-l in Ih'hiiii;: Sea.
I have, ele.,
II. T. Holland.
(lov. (len. tiie most li(»ii. the Maijiji i.s (»i- I.ansdow NK.
(1. ('. .M. (;,, ete.
I I III lux 1 1 lit Nil. I . - KMlHit. 1
.itimiiallif lo ciiliiiiidt iw/ii(.
Al>Mii!\ii\, .Iii<iiikI '.H, I'-HT.
I mil ('iiiiiiii;inilril liy inv IihiIm ciiiiiiiiiNHiiiiirrs nf tlir iiiliiiii'iilt V In iraiiKtiiit tlir iw-
roiii|iaii,viiiu I'MniclN tViim it li'ttci' ilalid .'iili Aii^iihI, Nu. lv,'7, I'liuii tin- rniiiiiiaiulcr-
iii-cliit'f, I'a<-ilii', iriiortiii^ tlic .state nf a Dai in al Mt-llaKiitla, anil tli*- Nci/iirt* nf :»
Hi'uliii^ NrlioiiiiiT iiaini'il llif Jinia />('(/. lis an .Nmi'iii an ir\ciinr vcsm-I in tin* Kchiiii^
Sou.
1 am, iflc'..,
\l. I». AWDIiV.
T\w I niii:k Si.(i:i TAitv n|- Si\ri:,
('tiloiiiiil (>l}iir.
I Irii liiHUiT Nil. '.'. — i;\lviirl. I
litiiiirnl Sviiininir lit Ihr xnit liiri/ In Ilii- iiilminilli/.
Tlill .Mill. .\ r KsijCIMAI.I, .tmillKl :>, 1-1*7.
I iliil imt \ isil SKK.i, IliinUin^ il ax sm-II wliil.'^l lln- Hi'liriii); Sea himIiii;; i|iii'.-.tioii is
linsi'ttlril tliat I .sliiililii lint (In Nil.
Siller niv return 1 lieartliat llie Uiiiti link, a Nealiii'.i siliiiniier, li.is Keen M'i/eil liv
an Aineriean revenue \essel in Meliiiii;; Sea. it is ie|iiiileil lid inile.s iinitjieasl ("roni
St, (u-nlj^e iNlaml, lull Mil lellalile i iirnrniat inn .'l^ tn the .spnt lias vel leaelieil nie ; us
Hdoii UN il lines I will Inivvanl pal t M iilai.s.
I liave, ele.,
.M. ('. Si:vMiiiu,
III iir . iilmirnl iiinl ('omiiiaiitliriii-l 'hivf.
Tlie Sk( KKiAin lo iiir. Admiu.m 1 V.
No. 14.'>.
Sir Ilvnni 11 olid nd to Lord l.nusdownc.
DuWMNtJ SUJKK'I', Sr}>lt'.mhvr 14, 1.S.S7.
^1y LiiHU: Witli rel'ei'eiic*' to jnevioii.s coi re«po!i(leiiee., I have tlH>
honor to a('(|iiaint you, t«)) tlie inl'orinalioii of yoi'.r inini.sters, thiit the
Manpii.s ol SaliNlniry eaiis«'tl to be r«'f'ern'«l to the law ollieeis the eor-
re.Hpontlenee which haw pa^s«'^l re.s[«e('tinj; the seizure of the three
SKAl, FISIIKKIKS IN HKKIN({ SKA.
179
British sciilint; vrssrls, flio Thornton, tln» Carolina, aihl tin* (hurard,
by tlif I'mIUmI Stairs irvt'iiiu' i-niiscr Uoririn, in Urliiiii^ Sra, anil that
they advised that a riaiiii tor <u>iii|M'iisatioii iiii^ht iiiopt'ily \hi made
a;,'aiiist tin* I'liitcd States riovciiiintMit.
I t<'ie;,M'a|)h('d to yon on th(> Ttli instant that it was proposed to pre-
fer a chiiin tor eoinpensation a<,Minstil)e I'nited Slates (iovernineiit,
ami iiMpiiriny: wlial answer yonr ministers woidd Nniri^'est, but as at
present ad^iseo it does not .xeem to nn* desiraItU' !«> pnt forward the
ehiims whieh aeeompanied yonr dispateli No. !> ofilie lotii of .laniniry,
as some of tliem aie apparently mneli e\a;:<:erated and a new issue
wonhl lie raised a.<« to the reasonaldeness of the elaims.
In the mean time tlie .Marcpiis of Salishnry lias a<ldress<'d the dispatch,
ot whieh I im-'ose a <'opy, to Her Majesty's minister at \N'jisliiii;jton, tie-
sirin;;: him to eommnnieate it to th(> Secretary of State.
Voiir ministers will, ii(» doubt, take this matter into cimsidcratioii at
the earliest nioinent.
1 have, etc.,
11. T. Ilor.i-ANi).
(lov. (leii. the most Hon. the Maki.his ok IjA.nsdonvm',, etc.
' liirliMiiri- Nil. 1. 1
Till- Miirijii'iH of Siilii-liiini Id Sir /,. Il'ixt, Sifilvmliir lH, HS".
(Oiiiillcil liiTc, lifin;; iiijiiIimI miiirii, N'i». 17.}
No. I |(i.
iV/'' //. v. Hiillmnl to l.init l^diisiltnrnf.
|)<>\V.NtN(i StkkH'I', SrplenilKr Iti, 1SS7.
.My I,o1!I>: I ha\c llie hoiinr |(» i niiistiijt to yon lor cinnmniiicatiou
t»» y(nir luni.-.liip's ministers cttpies of dispatelies from Her Majesty's
minister at W iisiiinuton I'espectinj,' the sei/nre of llritish (Niliimbian
\-esseIs in I'.ciirin.u Sea, wliicli have liceii reeeiveil Iroin the foreijLfii ollice.
I ha\ c. etc..
II. T. llnl.I.AM).
(io\ . (Jen. the most lloii. tiie MAIJ«,>risol' L VNsDoWNI',,
(J. <'. M. (i., «'ic.
■ ' lllllllNllll' No. l.|
S'lf I.. Will lit ilii Maniids III' SiiliMluirti,
\Vasiii\(;h>\, iiiiinxt '20. t-iH7,
M \ l.uiti) : 1 1 w till III ;i|i|)iMi' 1111111 ri'iiiM-'s <>r ( 'iii»laiii Slif|i,irfl. lit" ilic I 'iiitfil Siali-H
n'\ riuii' cut Id' li'iisli, 1 liiit I III' Sinnritfd wa-* I'ii))! iiii-il .Ml iiiilrs aiiil I In- hnljihni |ii iiiil*>H
Irmii Capi' ('liftTl'iil, wliilr till' liniir sviih .sci/.cil !•.'> iiiiirs rriiiii (>iiiiala»kit.
('a|ii> ('litriiiil lines nm a|i|)i':ir mi any iiiu|i or cliiut, Itiit is Nii|i|ii>mM| tn In- tlio
no rilii'iniiiost pniiil nf llic islainl nl' Oiinalanka.
'I'lii- islands of SI. (Jioijji ami Si. I'anl ( I'l ilis lot" IhIjiiuIh) ari" <liHfiiiil IHi) inili h from
( toiiiilaska, so tiial at tix' lini<> of tlir Ni'i/iiri' of tlii' (Inur tliat v<>Nsr! would liavt* lii-t>ii
S-~> mill's ilislanl from tlicin.
180
SKAI, I'lsHKHIKS IN HKIJINO HKA.
To ri-at'li tilt' hnt'diiiK kihiiikIm on tlit' iNliititlH of Kl. (iforKi> an<l St. ruiil llii< hi-uIh
|>UHH r*>t{iiliul,v lluoii^li till- I liiiiiiiil wliicli Ni-|iaiiili'H tin- iNliiMil iirninialiiHkii tVom tli«
inIiiiuI of a k II I II II, ii till tliiit wliicli si-|>:iiiiti's A kilt a II rmiii tin- iHliiiiil nf I'liiinak, callcil
ri'N|i«M'tivrl,v (Ik' Akiitaii aii«l I iiiiiiak riiHrxi anil it \h Inn- llial the hcuU-ih la> in \Miit
lor tlifiii till llicir pasMinf.
It In iiniiiilaiiii'il I lial t Id* capt iiic iit° NcalN in t liis inaniDi' Ih in \ iolat Inn of hit i inn
1 !).'><> of till- I'l \ iM-il SlaliiltNol llir riiiiiil MaliN, anil lliat fliljiH mi i a|it ill iii;^ llniii
ui'o within \\:\' liniilH of Ala>ka 'i'li i ttoiv , ni' in !lii' ^^ alns tlnirnl.
Hilt a|iart tioiii llir i|iii'Nti<in nf triiitniinl litnit anil llniii to Nri/i< \'<'hn<'Is in tlio
opi'ii Ni-a, it iNiiipiiiil li,\ ini|iailial )>ri>i>iiN thai iinh'hM honii' at laii^jciiii'iit \h iiiihIi' tor
th(* |iroti-i'tlii|i III till. SI- valiiahh' animals nn 'hril' |>iirha;;i- to tin- hlrrilini; );l°i)niMlN,
tlii> );rtiiiN, as in thrra.si'tif hraMr, w ill ;;tiiilnally Imtoiim- cxtiiit'l.
It In a kiio\Mi tact that IfW, if aii>, nimIn |iiihH oitthiilc the iHlaiiil of ( )iinala><k:t
to tio'ir hit t'lliii;; ^khiimIs. w hicli r\ iMt only on tlir I'tihylof Islamls, mul that tlnii
|iaNKa;;i' i>* an ir^iilar as tiit ir hicrilin;; HcasiMi,
I ha\ r, I'tr.,
I,, S. S. \Vi>T.
I till liiniiM' No. '.'. I
Sir I. Hisl to lli( MiiniiiiH of ftulinhurj/.
WAKItlMiKiN, .IiKJUkI '.'•>'. !~H7.
My I,(iI(I> : Siii<<> wtilini; in\ |irrcriliny ilispatrh I lia\i' iirciNril iiri\a!i'l.s tVnni
Mr. Ma,\aiil rii|ii<'s of iIk' n |>nris nf ('ii|it:iiii Slir|>aiil, alliiiii'il tn tin ii'in, iivsin'ctin);
till' sri/iii)' nf till' l>llll->h \ rssi'U .1 loiii />t(/.', H. I'. S,i i/ii ii III, /'n/yiA / /(, atitl (>'»■(((•(, rn|iit's
of whidl I ha\r llir hiMlol tn ilirlnsc In \nll|' lnl'*Ulll|i hrli'Wllll.
The Siati' |)i'|iai Inirni is imi in pnsisi's.sinn nf ai:.v tni'llii'i' iiifcinn.'il ion.
I have, I'tc,
I,. S. S At h\ tt.t.K Wis I,
I'. S. — I lia vc I'liniinniiirati'il rn|iirs ol' ('a|ilaiii Shriiard's it'|ioi ts in t hi' >;n\ itiinr-
Ui'tii'ial nl' C.MMila.
I., s. s. \v.
No. 1 r
l.oril LitHNtloinu' tit Sir lltiirif UitUund.
|T('li>Kniiii.|
SKI'IKMIIKU L*."», 1.SS7.
I iiiidcistiiiMl tliiit iillcr Ml', linyaid's aiinoiiiici'iiiciit of tlu'.'M l'"t'lr
niiiiv, r«'.s|K'ctitijj[ IW'liiiii^ Sea si'iziiu's, iii,-<lriH'ti(Mi.s wriv «»'iit in lU'ctinl-
ain'i^ Willi it to till* Ala.ska aiitliotitics by t»'l«'n;iapli; that an iiistiiimi'iit
lor tlic ri'lfast' ol tlio vf.ssfl.s wa.s tln'ii'iipoii issiu'tl l»v tin* <li.stiift Jiidj^r,
lait that .siih.si>iiii('iitl,v,(>ti the assuiiiptioii that tho t«'lcn;iaiii was roi;>t'(l,
lie r«'S( iiiiletl tln'ordrf; that no .strpsliavr bcoii talu'ii li.v tht' Depart iiifiil
since; thf vi'.s.scis air Htill ch'taincil. My (lOVfiiiiiu'iit tiiiNt.s tiu' lactH
will bi' ini|iuic<l into.
No. 1 tcS.
Lord Lansdnirne to Sir II. T. IloUnud.
No. .'572.] (,)i'Kiu:(', September 20, IS87.
Sib: In rontinnation of my dispatcli, No .'{."l.S, of thf 'JTth of AnKiist
ftTid in rofciTiK**' to pr«'vious(!orrospoinU'n(!*», 1 have the honor to iiKiloHe
herewith a copy »)f an approved minute of the privy couneil of Caniuli*,
8K.M. IISIIKIJII'.S IN HI.IUNd SKA.
IHl
«lHt«Ml 'Jl.st of Si'ptcmluT, 1H.S7, covt'rin^j «'(»|>i«'.s of a rrpoit (»C my mill-
JHttM' (»(' iiiai'iiir and lislinifs irlatin;; to llit* .s«'i/,iir«i aii<l tlclfiitioii ot'tli«<
Oaiiatliaii s(Mliti;>: scliooiiiu' Alt'riil Aihiins, h\u\ of oIImm' <'aiia*liaii scal-
ing.' v«'ss»'ls l»y tin' I'liilrtl Siafrs aiitlioi iih-s in tlic liclii'in;^ St>a.
'I'Im' IrtlM (lii«'rt«'«l to tin* I iiilt'd Slatfs tlisfii*! altonu'vat Sitka,
niarUrd I) in ilio iiiiiiistci'M rt'iioit, wliirli cainr into tli<* posscHsion of
in,v (ii>vci'iini«-Mt Miidri- till- riii-iiiiiHtiincrs drscrilii-d in t lir t|<M-laiatii>n of
Taptain l>\»'r, of tin- Al/ml Ailmiis, Ims luM-n roiwardt'd, toyi'tluT wiili
copii's of tlin pap<'i's. to llt'f .Maj('st\'.s niinisici at W asliinj^ton.
TIm' ciicmnstaiHM's uiid»r wliicli tin* AiIudis was sci/cd do not dilVcr
niatrrially from tliosc atit-ndin;: |>ir\ iois st'i/.nrrs m the ■ianir walfis.
1 liavt' already laid iicfore yon the reasons wiiieli liaxe leil my (lovern-
inent to pi'olest a<;aiii>l tlie a.Nsnmplion tliiit the statutes under whieli
other si'i/uies, and I piesume I his also, lia\ e hren made — statutes ;ro\-
tM'liiiijr the ecnnluet of persons lishin;; within " the Ten-it ory of Alaska "
or " in the waters theieoff//*/*' I '.S. I.'ev . Slat •.., IK.V), !!>."»(:) — are appli-
cable to the w hole of the waters ol the llehnnu Sea ; and in e;i.ses where,
as ill those under disenssion, tlie vessels Hei/.ed were found lishin<; at a
jireat distanee from the iieiiicsi lund.
I tiilsl that the earnest at leiil ion of I Icr M:iies;\'.> ( li'Vci iiiucnt will
l>e y;iveu to tin* stat»Mnents eimtained in tiie minister's ici.oit. No sat-
isfaetoiy explanation has \ft Immmi ;iiven ol the aetion of the I'niled
Slati's ( io\ ei nmeiil siiliseipn-iit to Mr. Iiayaid's aninnineiMnent o! I'eh
ruary ."{, «)f the present year, w hen it was stated Wy hi u, to Her Majesty's
niinisler at \\'ashiii;:toM. I hat "orders had been issiii'd liyihe I'lesi-
dent's dii'eelion tor ihe discontinnauee of all pending.' inocredin^s, the
disehai ;^e of t he vessels referi'ed to, and the release of all persons niider
arrest in eonneetioii theiewiih."
Von will observe tiom Mr. I'oster's reeapituhil ion n| liie e\ ideiu;e
which he has bei-n aide |o eolleet and t he doeninents at laehed to his
report that an impression prevails upon the spot to thectfeet that or-
ilers such i's those dcseriited by Sir I,. West wi'ie aelually issued from
^Vasllin;it(n'. There appeals at all events to be some reasiui for Iteliev-
iiili that a tele;,'ram anthoii/.iii'4 the lelease of the vessels then under
detention was in fact reeeiv«'d bv the distriel jiid^je, and that instruc-
tioiiN vveie tln-reupcm issued by him lor the purpose olCari'v iiiy; out these
orders. 'l'h(> eireiimstaiK'es under whieli those inst ruetions aie said to
liave been sul)se<pient I_\ rescinded by tlie district .iiid;;ti hav«' not un-
naturally }iiveii rise to the ;;iavesl suspicion.
The ministei- has called atteiiiioii with ureal force in his lepiut to
tlie injury sustained i»y persons en^.i'^^ed in the sealiiiLT industry from
tile suspense mid ciicertainty in vvhicii they have iiceii kc|>l diiiiii*,' the
liast year, ovvin;^ to the refusal of the I iiited St.des (1<»\ el nnn'iit to },Mve
any explicit asMiraiices as lo the treatment which they i.ii^hl exjiect at
its hands.
I lia\e, etc ,
I, ANSIMtU Nt;.
rile Ki]>;lit lion. Sir II. IIih.I.a.M), etc.
|Iiiii|iiNiiri- Nil. 1. 1
CerCiJiid rnpif nl' a >'•;-(•>•( 'if ii nimmilli i o/ Ihr Ininiirahlr llir ftrivii t nuniH, apfirovrd by
hin ifitlh-iicii I'i'f loviriiitr-ijfiitial in inunril an Ilir Vil"^ Sv/ilrmhtr, I"-*.
'I'lif riiiiiinitti-*' of tilt' jirivy coiuicil Iihv<> iiiul iiiiitt r coiiNitlcriition Ilii> ioiiioxhiI
report III' till- iiiinisti'r nl' maiiiir lunl ti)«lM>rii<s vtitli ri'liTi'iu-tt to tlii' sci/iiro niiil
<\%
A/.
^?.^>^^0.
IMAGE EVALUATION
TEST TARGET (MT-3)
1.0
I.I
1.25
f IIIM
- IIIM
lit.
I,: 4
M
2.0
1.8
1.6
V]
<^
^
o
e).
/a
oS..
/a
/^
Photographic
Sciences
Corporation
23 'i'.i^J MA<N STKEer
WEI(STER,N.Y. K560
(716) 872-4503
V
^^
%
V
^^
\
\
#7
IV'
6^
rv
Fi>
i^ . % ■
:^:i^<:i!
182
SEAL FISHERIKS IN BERING SEA.
detention of Canadian sealing vessels by the United States authorities in Behring
Sea.
The committee concur in the said report, and they advise that yonr excellency be
moved to transmit a copy of this minute and the annexed papers to the right honor-
able the sec tary of state for the colonies.
All of ^^'hic^l is submitted for your excellency's approval.
John J. McGkk,
Clerk J'rivy Coincil.
If. ,
'■'»«■■
r'-/*
[IncloHiirc &o. 2.]
lii'Hort of Hon, George E, Foster.
Ottawa, September 1"), 1887.
With refereiu-e to jtrevions ('orres])ondence concerning the seizure and detention of
Canadian sealing vessels by the Unilcd States authorities in Behring Sea, the minis-
ter of marine and fisheries begs to submit for the consideration of his excellency the
governor-general in council the following ])apers:
(tt) A letter from Collector Hamley, of V^ictoria, British Columbia, dated 1st Sep-
tember, 1887, inclosing certain jtapers in reference to the seizure of the Canadian
sealing schooner Alfred Adams in Behring Sea ;
(6) The declaration of William Henry Dyer, of Victoria, British Columbia, master
of the Canadian schooner Alfred Adams ;
(c) A (iertilicate of seizure of the Alfred Adams signed by L. G. Shepard, captain of
the United States revenue steamer Hush i
(d) A sealed and unojieiied letter directed to the United States district attorney and
the United States nuirshal, Sitka, Alaska ;
(e) A letter from Colli (;tor Hamley, of Victoria, British Columbia, dated 2f)th .July,
relating to the detention of the Ciiniidian schooners Oiiicard, Carolina, and Thornton,
seized in August, IhHti, by the United States cutter Coririii in Behring Sea.
(/) Copyof a telegraui and order purjiorting to be from the United States Attorney-
General and Judge Dawson, respectively, relating to the release of the above-named
vessels ; and
(g) A lettiM-, dated Sfjiteuiber ;>, 1)^87, from the law firm of Drake, Jackson «!t
Hehncken, of N'ictoria, conlainiiig ndd'tional iiifornintioii relating to tlie saiU'-.
From the above-nuMitioned pMpers it apix'ars that on the (ith of Augnst, 1887, the
Cauiuliau scliouner Alfr<d ./('(U/in, whilst engaged in cateiiiiig seals in the open sea,
nioie tl.an TiC iniK's distant from the iieiirest bind, wiis forcibly seized by an armed
vessel of the United States, her sliiii's ]iapeis taken, her cargo of seal-skins, l,:58ti iu
number, loget'ier "ith all her firms, uniiunnition, iinil lishing impleiiieiils, transferred
to the United States cutter, and Inr captain ordered to proceed with sealed ortlers to
Sitka and deliver hinisell', his vessel, and men into tlni. hands of tin; United States
miirslial .-it tlmt id. ice.
This t!<'atinent oftlK" Alfnd Adams, whilst peiic-jibly pursuing her lawful calling
on the high seas, is but a leiietition of the imjiislilinlde st iziires of Canadiiin vessels
made by the United Stales autlioi ities in Behring Sea, and which have beiMi dealt
with at length in iu'cvImus reports to eonncil.
The niinister, therefor*', does iKit consider it necessary in this instance to traverse
the ground already so fully covered, and rei'omiiiends that a eoi)y of this report, with
the jiapers attached, l)e. forwarded to Her Majesty's Governinent for their earnest and
immeoiate coiisideraticui. and that a copy thereof be sent to the Britisli minister at
Washington, tog*'ther with the sealed leiter given by Captain Shcpaiil to the niastijr
of thv Adams, with the re(|nest that it be forwarded to Mr. Secretary Bayard. With
reference to the attaidu'd papers K, F, and G, the minister observes that from the
first, E, it aiijiears that iin|uiries made by t he collector of customs at Victoria, Britisli
Columbia, in July last, resniled in his olitaiiiing the information that Judge l)aws(ui
had, ni» to that date, receive<l no orders for the release of the Canadian sciiling ves-
sels seized in 18H(1; that the vess(ds had not been sold and reniainiul still under seiz-
ure, and that ,'ntlge Dawson, when <iuesti(med as to the report that a telegram had
been sent to him by the Attorney-General of the United States ordering the release of
the vessels, had rejdicd that he jiad heard of this rejtort before, but that nothing of
the kind had reached either himself or the United States marshal at Sitka. The
paper marked F jnirports to be a copy of a telegram dated January '2i>, 1887, from
United States Attorney-General Garland to Judge Dawson, ordering him to release
the vessels seized in August preceding, and of okder founded thereon frinn Judge
Dawson to the United States marshal at Sitka, bearing date February IK, 1887, di-
recting him to release the Carolina, Onward, Thornton, nml San J)ie<io, together with
all their tackle, apparel, skins, gnus, ammunition, small boats, and everything per-
taining to said vessels. The thiiil paper, marked G, is a copy of a letter from the
SEAL FISIIEKIES IN BEliING SEA,
183
law firm oflJrake, Jackson &. Helinckfii, of Victoria, British Columbia, to tliti min-
ister of jlisticts, inforniiiijj him th;it they are advihiid tl'iit a tch'firain was received
by Judffc Dawson from the ITiiiled States Attoriiey-fieni'ial.orderinf^ the release of
the vessels above referred to ; that Jiidj,5e Dawson did issne an order accordin>i;ly, but
that he afterwards ri'sciuded the order on the assumption tliat the telefjram was a
.forgery, and that since *' no ofticial letttMs of any sort, eitiier confirnnn;; the telegram
or respecting the affair, have been received at Sitka."
The minister observes that if the information conveyed in tlie above-mentioned
papers is corrtct, of wliich there appears no reasonable doubt, it reveals a state of
affairs by no means satisfactory.
On the I'd of February, l-jHT, Mr. Secretary Bayard informed tlie British minister at
Washington that "orders have hcA-n issued, by tin) President's diretition, for the dis-
(Mintinuance of all pending proceiMliiigs, the discharge of th(> vessels referred to, and
the release of all persons under arrest in connection therewith." A telegram in ac-
cordance with Mr. Bayard's communication appears to have been sent to Alaska, and
an order based thereon to have been issued by the district judge, but to have been
afterwards rescinded, and no further action has been taken up to (late of latest infor-
mation. Meanwhile the vessels remain under seizure, the seal skins are forfeited,
and the property of Canadian citizens forcibly withlield from them under circum-
stances which involve very great loss and damage.
The minister further ob8t;rves that, with a view of guiding the action of Canadian
citizens interested in sealing in the northern seas, repeated attempts were made pre-
vions to the commencement of the present season to obtain an official expression from
the United States Government of the policy they proposed to pnr&ue in their treat-
ment of foreign vessels sealing in Behring Sea, but that these efi'orts proved altogether
unavailing. From Mr. Bayard's commnnication of February ;?, 1887, above referred
to, the fair inference, hcwever, was to be drawn that, until the question in dispute
between the two Governments as to tlie legality of the ])revious seizures liad been
tinally disposed of. jio further seizures would be made And there is no doubt that
on the strength of this communication and in tlie absence of any explicit statement
of policy to the contrary, Canadian citizens did, in the begiiming of the present season,
embark upon their customary sealing expeditions to Be'nriug Sea, under the reason-
able impression that they would not be interfered with by the Cnited States authori-
ties so long as they conducted their o])erations iu the open sea, only, howev(>r, to find
their vessels seized, their proi>erty condscateil, and their ventures completely ruined.
It is respectfully submitted that this condition of affairs is in the higluist degree
detrimental to the interests of Cannda, and shonlil not be permitted to <M)ntinu(^ For
nearly two years Canadian vesscds have been expose-d to arbitrary si'izure and (ionfis-
eation in the pursuit of a lawful ((ccupiition upon the high seas, and ('aiiinlian citi-
ztms sultjected to impT-isonment and serious financial loss, while an iini»ortant and
remunerative Canadian industry h;is been thre;itened with absolute ruin. This course
of iiction has been imrsued l>y Uniteil States oriictn's in op[tositi<)n to the c'uUeiition
in the past of their (lovernmeut in regard to tlie, waters in wliicdi thi'se seizures have
taken place, in violation of llie plainest di(!tates of internationul law. and in the face
of repeat(!d and vigorous prol(\stsof liotli rhti Caiiailian and British (Jovernments.
The minister advises that Her Majesty's (iovernment be ag.ain asked to give its
serious and imnuidijiti^ attention to the repeatiMl r<Mnonstraiices of the Canadian Gov-
ernment against tlieunwarrantabhi action of the United .States iu respect to Canadian
vessels in Biduing Sea, with a view to obtain a sjxu'dy recognition of its Just rights
and full reiiaration for the losses sustained by its citizens.
The whole respectfully sulimitted,
Gko. !•;. FosiKK,
.}fii>i>ttfr ol' Murine aiid Fi^hcrit'S.
[IiR'losure No. 3.]
Hon. Mr. llnmhji to fJoii, Mr. I'onlar.
CtT.sT(>M-lI()rsK, Victoria, Sciilinther 1, l>87.
SiU: Oil the 7th \ugust the muster of the United States revenue-cutter I'lish seized
in Behring Sea, <>() miles from any land, the Canadian schooner AlJ'rrd Adann^. Her
register, clearance, guns, and annnunifion, ;ind (he seal skins she Ind taken (1,:{80)
were all taken from her and the vested herself ordered to Sitka. No one from the
revenue-cutter was put on board by (japtain .Sliepard, and the master of the Alfred
Adams, instead of going as he wiis desired to Sitka, nUurnetl to Vict(uia, arriving
here August M. 1 forward the master's deposition before a notary )tublic and wiiat
Captain Sliepard is i)leased to term a certificate of the s(-hoouer's seizure signed by
himself. Mr.| Drake, a solicitor, is at Sitka waiting for t!i« case to bo heard in
■k^
184
SEAL FISHERIES IN BERING SEA.
court; llie trial whh dclaye*! lor tlie arrival of the Itunh and ahe was ej.pecte«l ahout
the beginning of this mouth. Mr. Drake will, no doubt, report Mrect to the minister
of justice.
I have the honor to be, sir, your obedient servant,
W. Hamlky.
I inclose a!so a sealed letter addressed by Captain Shepslrd to the district attorney
and United States marshal, at Sitka, which the master of the Alfred Adams brought
down with him and which you can deal with in any way you think fit.
W. Hami.ev.
Hon. Gkokge E. Fostkh,
MitiiHter of Murine.
[IiicloHiiro No. 4.)
Declaration of // . //. Dyer,
■ V *.
4;'4,
;■' *
In the matter of the seizure of the sealing schooner Alfred Adanis by the Unite<l
States revenue-cutter llicliard linsii.
I, William Henry Dyer, of Victoria, B. C, master mariner, do solemnly and sin-
cerely declare that :
(1) I am the nuister of the schooner Alfred Adaum, of the ])<)rt of Victoria, Hritisli
Columbia, engaged in Ww liusines.s of catching seals. On tli<! ("tli of August, IHH7,
whih^ on board the said schooner and in couimaud of the same, bring in latitude ^A^
48' N. and longitude 1()7^ -lU' W., the I'uited States revenue-cutter liiohard I\Hnh
steamed alongside, lowered a boat commandcfl by the first lieuteyaut ami boat's crew.
The said lieutenant came on board tlie said Alfred Adorns and ordereil me to take the
ship's register, log-book, articles, and all otlier of the shiji'.s ]»aiterH on board the
Richard Unxh. in obedit'uce to his command I took all saiil papers and accompanied
the said lieutenant on board the linsk. When I arrived on board the limh the captain
of the Itnuli asktid me what was my busiiu'ss in the l>ehriiig Sea. I r<^]died, taking
seals. He iu<|uired how many skins I had. I re]t]i«'d l.IWlJ. II« then sain he would
seh;e tlie ship, take the .skins, amis, aiTimunition, and sjjcars. I stated I diil not
think the ship was liable to seizure, as we had never taken a seal within (iO miles
of Ounalaska nor nearer St. Paul's than (10 miles south of it, and that we had never
been notified that the watt>rs were prohibited unl»'ss landing and taking them from
the iBlanil of St. Paul's. He stated he must obey the orders of his Government, and
that our Government and his must settle the matter, and ordered me to jiroceed on
board the said schooner and deliver up my arms, ammunition, skins, and spears. He
sent two boats belonging to the BuhU in charge of tlie first and setuind lieiittMiant of
the /»'««/», respectively, and manned with sailors from the liu^h, who came on board
the said schooner (I returning in company with the first lieutenant).
They took fnun the said schomier l,;5pi(! skins, 4 kegs of ])owder (3 triple V and 1
blasting powder), .')t)0 shells, ;J cases of cajis and primers, 9 breech-loa<ling double-
barreled shot-guns, 1 Winchester rifle, all in good order, and I'-i Indian sjiears, and he
then gave uus a sealed letter addressed to the United States marshal and United
States district attorney at Sitka; he also gave me an acknowledgment of the goods
taken and also gave me a certificate that the said schooner was under seizure, and
after being alongside for about three and a half hours, I received orders in writing to
proceed to Sitka and report to the United States district attorney and marshal. We
then parted company. My crew consisted of myself, mate, two .seamen, one Chinese
cook, and twenty-one Indians. Previous to the .said seizure we had si)oken the
schooner Kate, of Victoria, and had been informed by the mate of that vessel that tln^
crows (and particularly the Indians) taken to Sitka on schooners previously seized
had been very badly treatt'd. The Indians brcame very mutinous on learning that
we were to jiroceed to Sitka and report to the United States authorities, and declared
they would not go to Sitka, ami to avoid trouldc 1 came to Victoria instead of going
to Sitka. I arrived in Victoria on August M, 1"<'^7, at about 7 p. m.
And 1 make this solemn declaration conscientiously believing the same to be true,
and by virtue of the oaths or<linance, Iritili.
W. II. Dykr.
Declared before me this 1st day of September, 1887, at Victoria, British Columbia.
H. Dallas Helmckicn,
Notary I'nbiic in and for the Province of British Coluvibia.
SEAL FISHERIES IN BERING SEA.
185
Uritisli
■; 1887,
fie 54c
fliiclosure No..).]
Ctriijitiaie of seizure.
UNlTKn STATKS IvKVKNTK StKAMKK KlSH,
Jk'hritKj SfU, Aiig)iiitii, 1887.
To whom it may coment :
This will cwtify that I have this day Hciztd the British schooner Alfred Adams, of
Victoria, B. C, Captain W. H. Dyer, iiiatiter, for violation of law, and have taken
charge of his ship's papers, viz, rejj;iHter, shipping articles, clearance, hill of health,
and log-hook ; also her arms and seal skins.
Very respeetfnlly,
L. G. SUKI'AKI).
Captdiii, ['uihd SUiten Uvrenuc Marine.
(IiiLloaiire No. G. |
Hon. Mr. Ifamlry to lion. Mr. FoSifr.
CusTOM-HousK, Victoria, Julij 2C,, 1887.
Deah Sir: Captain Carroll, master of the American steamer 0///w7Ha«, has been
taking j)artie8 of excursionists to Sitka, and I a.sked him to sec^ the judge. Mr. Daw-
eon, and find out something wn could trust res])ecting the seized vessels. Dawson
told him he had received no orders whatever for tbe release of the vessels; they have
not been sold, and remain as they were, under seizure. Captain Carroll told Daw-
son of the telegram, dated last January, purporting to have been sent by Mr. Garland,
Attorney-General at Washington, in the President's name, ordering the vessels to be
released. Dawson sai<l he had heanl of it before, and that it must have been, as he
termed it, a "put up thing," as nothing of the kind had reached either himself or ihe
United States marshal at Sitka.
The serious part is, that our people, trusting to the story of the order for release,
have sent thirteen vessels again this year to tlic sealing grounds— one has been seized
already, and if the others fall in the way of the revenue-cutters they will probably
be seized also. I may ])erha]is hear something more from the admiral when he re-
turns from Ala.ska, and if so I will write to you again.
Yours, very truly,
W. Ha.mi.ky.
Hon. Geo. E. Fostkij, etc.
[Inclosure Xo. 7. |
Attorney-dcneral to Jndge Dmrxon.
Wasiiixcitox, 1). C. .luHiian/ •,'(">, 1887.
Judge Lakayettk Dawsox and
M. D. Ball,
United States District Attorney, Sitka, Alaska :
I am directed by the President to instruct ytui to discontinue any furtiier proceed-
ings in the matter of the seizures of the British vessels Canilina, Onward, and Thorn-
ton, and discharge all vessels now held under such seizure and release all persons that
may be under arrest in connection theru\> ith.
A. H. Gaiu.axt),
Altorney-Cieiieral.
[Ilicloauro Xe, 8.]
,Jud(iv Dawson to United States mnrnhul.
Barton Atkins,
United States Marshal for the District of Alaska :
Yon are hereby directed to release the vessels Carolina, Onward, and Thornton, and
San Diego, which were seized in Behring Sea for violation of section I'JoG. United
States Statutes, together with their tackle, apparel, skins, guns, anirannition, small
boats, and everything pertaining to said ves-sels. this lyth day of February, 1887.
Lafayette Dawson,
District Judge, District of A laska.
186
SEAL FISHERIES IN BERING SEA.
[Incloaure No. 9.]
Mvasm. Drake, Jackson if' Hclmcken to minister of justice.
ViCTOKiA, BurnsH Coi.imhia,
September 'A, 1887.
.Sir: Wo have the honor to inform you that wo are in reocipt of a letter from oiir
Mr. Drake, written from Sitka, under date 28tli August;, in which he states that a tele-
;;ram was received at Sitka relative to the schooners seized hist year, from the United
States Attorney-Geuoral, GarLand, directin<; their release aud diseharye of the men.
The judge gave an order accordingly, which was afterwards rescinded on the assnmp-
tion that the telegram was a forgery. No olHcial letter t)f any sort, either confirming
the telegram or respecting the atl'air, has been received at Sitka. The schooners now
seized and at Sitka are the Anna Beck, W. P. Sayivard, Dolphin, and Grace. The At/red
Adams was also seized. The trial of the present men, Mr. Drake states, would not
take place until after the arrival of the revenue-cuttor Rush; also that, judging from
the past and the views held by the court, the result would most probably bo the same,
and urges that immediate steps should be taken to prevent the imprisonment of the
masters, and that ho would obtain declarations from the masters duly certitied and
enter a protest at the trial.
The Rush was not expected at Sitka until yesterday.
Regarding the seizure of the Alfred Adams, we have to state that that schooner ha»
.^^rived here safely. The declarations of her cajitain, Dyer, and his men have been
duly taken, which her owners, Messrs. Guttman & Frank, of this city, yesterday handed
to Hon. Mr. Hamley, collector of customs, together with a sealed letter, which the
commander of the Rush handed to Captain Dyer to be delivered to the district attorney
»t Sitka. These papers no doubt Mr. llandey has already forwarded to the proper
Department.
We have since forwarded a copy of this information to the right honorable Sir
John A. Macdonald, K. C B.
We have, etc.,
Drake, Jackson & Hklmckex.
Hon. J. S. D. Thompson,
Minister of Justine, Ottawa.
tlncloHure No. 10.1
Deputy minister of justice to deputy ministir of fisheries.
Depautment of Justice, Ca.nada,
Ottawa, September 12, 1887.
Sir: I have the honor to inclose for your information a copy of a letter which ha'
been received by the minister of Justice I'niui Messrs. Drake, Jackson & Heltnckon,iu
which they rejtort with reference to the sealing ve.s-sels which have been seized in the
Behring Sea by the United States authorities.
I am to state that the minister of justice hits taken no action with respect to this
communiciition, but that he isof the opinion that the minister of marine aud tisheries
should at his earliest convenience take steps to coiiimunii ate the s'.ibstanco thereof to
the colonial ollice and to the British minister at> Washington.
I have, etc.,
Geo. W. BiRBiDGE,
1). M. J.
The Dei'Ity Ministi:u ok Fi.siikries,
Ottawa.
'A-
No. 149.
Lord Lansdowne to Sir L. S. West.
Citadel, Quebec,
September 26, 1887.
Sir: With i'eforence to previous correspondence I have the honor to
forward herewith tor your infornnition a copy of an approved minute
of the privy council of Canada, dated 21st instant, covering copies of a
SEAL FISHERIES IN IJERING SEA.
187
report of 1113' minister of marine and lisberieH and other papers relatinjf
to the seizure and detention of the Canadian sealinj; schooner Alfred
Adams and other Canadian vessels by the United States .uithoricies in
Eehring Sea.
The sealed letter addressed to the United States district attorney and
United States marshal at Sitka, Alaska, came into the possession of my
government under the circumstances described in the statutory decla-
ration of Captain Dyer, of the Alfred Adams. I shall be much obliged
if you will have the goodness to cause the letter to be forwarded to Mr.
Secretary Bayard. 1 should add, by way of exi)lanation, that the en-
velope of the letter, which is described by the minister in his report aa
"sealed and unopened," appears to have been worn through at one end
during the transmission of the papers by post.
Lansdowne.
Hon. L. S. Sackville West, K. C. M. Vr.
No. loO.
Sir L. }yest to Mr. Bayard, September 29, 1887.
(Omitted here, being printed supra, No. 18.)
No. 151,
Sir n. Holland to Lord Lansdoirnc.
DowNiNO Street,
September 21), 1887.
My Lord: I communicated on 27th instant to the secretary of state
for foreign affairs copies of your lordship's dispatches Nos.325 atul 338,
of the lUth and 27th of August, nv^-pectively, relating to the seizure in
Behring Sea by a United States revenue (-utter of the British Colum-
bian vessels Grace, Dolphin, and W. I*. Sayward.
I now have the honor to transmit to you for the information of your
ministers a copy of a letter from the foreign office, inclosing a copy of
•A dispatch which the Marquis of Salisbury has addressed ui)on this sub-
ject to Her Majesty's minister at Washington.
1 have, etc.,
H. T. Holland.
Gov. Gen. the most Hon. the Marquis of Lansdowne,
G. C. M. G., etc.
IIiicloBure No. 1.1
ForeUjH office to colonial office.
FoRKiGX Offick, Sepiembcr 27, 1887.
Sir: I laid before the MarquiH of Salisbury your letter of the 15th instant, incloa-
ing dispatches and other papers, received from the government of Canada, relative to
the seizure in Behring Sea by the United States revenue-cutter Richard Rush of the
British Columbian vessels the Grace, the Dolphin, and the fV. P. Sayward.
188
SEAL FISHKRIES IN BERINCi SEA.
Lord Salisbury lias iiiHtnioted Her Majesty's minister at Washington to make repre-
sentations to tlie United States Government in ref;ard to tliese cases, in connection
with those of the Carolina, Omrard, and Thornton ; and his lordship has directed Sir
L. West io call attention to the fact that in the cisoof the fV, P. iSa^/ifard, according
to her mate's deposition, no seals were taken h" her crew in Hehring Sea, as is alleged
in the libel of information filed in the United States district court.
I inclose a copy of the dispatch addressed to Sir L. West for the information of
Secretary Sir H. Holland.
I have, etc.,
W. P. CUKRIK.
The Undkk Skckktary ok Statk,
Colonial OJJice.
•^ "•
* ■■♦ .
mt '
flnclosnre No. 2.]
Lord SaUnhiiry 1o Sir L. S. Jf'enl.
FORKIGN OkI'MCK, September 27, 1887.
Sir: I transmit to yon herewith copies of two dispatches, No. '.Vi'y, ll>th, and
No. 3;{8, ii7th ultimo, addressed to Her Majesty's secretary of state for the colo-
nies by the governor->;eneral of Canada, iorwarding j)apers relative to the seizure in
Behring Sea by the United States revenue-cutter L'ithard Hush o{ three British Co-
lumbian vessels, the Grace, the Dolphin, and tlie W, /'. Sanuard.
I have to request that you will make a representation to the United States Govern-
ment on the subject of the seizure and detention of these vessels, in connection with
the representations which 1 instructed you to make in the cases of the Onward, the
Carolina, and the Thornton, and that you w ill reserve all rights to compensation on
behalf of the owners an<l crew.
Yon should jioiiit out to Mr. Bayard that in the case of the W. P. Sayuard, accord-
ing to the deposition of her mate, no seals had btsen taken by her crew in Behring
Sea, as is alleged in the libel of information tiled on behalf of the United States dis-
trict attorney in the district court of Alaska.
I am, etc.,
Sali.sbtjry.
Hon. Sir L. S. Wkst, K. C. M. G., etc.
No. 152.
Sir II. Holland to Lord Lansdowne.
DoAVNiNG Street, September 29, 1887.
My Lord : I liave tlio honor to acquaint you tli.at I duly communi-
cated to the secretary of state for foreign afliairs your telegraphic mes-
sage of the 23d instant, reporting that the vessels seized in Behring
Sea last year were still detained by the United States authorities.
I have now to transmit to you for communication to your ministers a
copy of a dispatch which Lord Salisbury has addressed to Her Majesty's
minister at Washington, dated 27th instant, directing: him to inquire
the reason why these vessels have not been released.
I have, etc.,
H. T. Holland.
Gov. Gen. the most Hon. the Marquis of Lansdowne, etc.
:?'
SEAL FISHERIES IN I.ERING SEA.
189
(IncloHuru Xo. 1.)
Lord Saliahnrtf to Sir L. IVvnt.
FoKKKiN Okkick, Siplrmher'27, 1887.
SiK : I traiiHiiiit to jou, for your iiifonimtion, a co|),v of a letter from tlio colonial
office, dated 24tli iiiHtunt, iiiclosinij a tele^^r.iin from the ••ovenior-jjeiu'riil of Caniulu,
from wlii(^h it apjiears that the Hritisli Hcliooners Carolina, Oniiuird, and Thornton, re-
ferred to in your dispatch No. 'M of the 4tii I'^chrnary last, have not yet heeii releused.
In his note of tlm :{d February, incloMed in your ahove-mentioned dispatch, Mr.
Bayard stated that "orders have l)een issued, l»y the rreHi<lent's direcition, for the dis-
continuance of all i)endin<j; i»roceedinjjs, the dis(diarj;e of the vessels referred to, and
the release of all i)ersons under arrest in (ionnection therewith."
Her Majesty's Government re<j;rct to learn that delay has taken ])lai!<! in the roleaso
of the three vessels, and I have to instruct yon to incinire the reason why the direc-
tions of the President, as al>ove (jiioted, have not been canied out.
I am, etc.,
.Saij.sbuky.
|Iiirlo8iire No. U. |
Colonial office to foreign office.
Dow.NlNCf Stkkkt, Svptemher 24, 1887.
Sill: With reference to your letter of the I'iih Aujjnst last, and to recent corre-
spondence, I am directed by Secretary, Sir Henry Holland, to transmit to yon, for
such action upon it astlie Mar<iuis of Salisbury may think proper to take, a telej^ram
received this day from the novernor-yeneral of Canada relating to the (|uestion of
the release of the liritish Columbia sealiny vessels seized by the United States author-
ities in Behrinj;; Sea.
This telegram ai)pear8 to relate to *lte-voeHel8^*eized last year.
I am to request to be informed of any comnnmication which maybe made to the
United States Government in order that a reply may be sent to the governor-general.
I am, etc.,
John Bkamston.
No. 153.
Sir H. Holland to Lord Lansdowne.
Downing Street, October 8, 1887.
My Lord : I have the honor to transmit to j'ou for the information
of your Government, with reference to previous correspondence, a copy
of a dispatch from Her Majesty's minister at Washington, dated the 22d
ultimo, on the subject of iiehringSea seizures and to the question of
bringing before the Fisheries Commission the Alaska seal fishery ques-
tion.
I have, etc.,
John Bramston,
For the Secretary of Slate.
■* . ? ,
lliiclusiire.]
Sir L. fVest to the ilarquia of Salisbury.
British Lkoation,
Washington, September 23, 1887.
My Lord: I have the honor to acknowledge the receipt of your lordship's dispatch
No. 219, of the 10th instant, and to inform your lordship that I communicated it this
day to the Secretary of State and at his request left a copy of it in bis hands.
I have, etc.,
L, 8. Wkst.
The Marquis of Sausbury, K. G., etc.
'f'\
190
SKAL liSHKKMKS IN MERINO SKA.
I' >
No. 81.1
No. 154.
Sir L. S. West to Lord LanHiloicne.
AVashinoton, October 14, 1887.
My Lord: With reference to my lelejjrain of this day's date I have
the honor to iiich)8e to your excolkMicy copy of a note whicli I have re-
oeived from the Secretary of State exprensiiij; regret tiiat the miscon-
ception which has arisen of the intentions and orders of the President
for the release of the Jiritish schooners Onward^ Carolina, and Thornton
shouhl have dehiyed their prompt execution and stating that renewed
orders have been forwarde«i.
1 have, etc.,
L. S. Sackville West.
His Excellency the Marquis of Lansdowne, G. C. M. G., etc.
, [Inclosure.l
Mr. Bmjard to Sir L. S. Went, October V,i, 1S87.
(Omitted liere, being printed aiipra, No. 25.)
No. 155.
Sir Henry Holland to Lord Lanfidowne.
No. 356.] Downing Street, October 20, 1887.
My Lord : I am directed by the secretary of state to transmit to you
for communication to your ministers the documents specitied in the an-
nexed schedule.
I have, etc.,
H. Holland.
The Officer administering the CJovernment of Canada.
[Inclosure No. 1.]
The admhalty to the colonial office.
Admiralty, October 4, 1887.
Sir : I am commanded by tbo lords commissioners of the admiralty to transmit for
the information of the secretary of state for the colonies copy of a letter from the
commander-in-chief on the Pacific Statinn, dated September 14, No. 158, inclosing a
list of the schooners that have been sealing, extracted from the Victoria Colonist
newspaper dated September 13.
A sin ilar letter has been sent to the foreign office.
I am, etc.,
Evan MacGrkook.
The Under Skcretary of Statk,
Colonial Office.
SEAL FISHKRIES IN BKKING SEA.
101
IIni'lot<ur<> Xo. 2. 1
lienr-.ldiuiral Siiiinnur to the Ht'crelai'n of the ailmirallji — Sriziirc of HinUmj n'lioniin-'i.
187.
have
^'e re-
iscou-
iideiit
rnton
ewed
;ST.
T
Siu : TIm' Kcalin^ hcuhoii ln'inj( now
scliooiicrH that liavc 1i«'«mi Ni'a1in;r, cut
It, iH lutt yet kiunvM wliftlmr the tivt; v
tlicy are ovei'dim hi'n*.
\Vith rc^jard to tlm Hchooiicr Alfred
l)y the Ainericaii i<'vcmi<i criiiMm' in
out, aH woll as her arms, and h\w was
bbanl, the captain hmuglit his vchscI
No orders whatever have ever been
schoonerH Heized hist yi'ur, which are
worm-eaten and worth h'SH.
I have, etc.,
iMCMni, AT KsiiiiMAi.r, Si'ptt'mhvr 1 I, 1HS7.
ov<'r, I liave the iionor to inchiNt* a list of tlio
from tlie \'i('t(>ria Colonist of yesterday's (hit(\
essels " to arrive " liave been seized or not, hut
.tdnmx, I am credibly informed she was boarded
Uelninjj Sea, her skiiiM, 1, ;'>(»() in number, taken
told to proceiMl to Sitka. No one bein^ putun
down hem.
received here with rej^ard to the release of the
now, I believe, high uud dry at Ouualaska,
M. Calme Skymouk,
Rear- Admiral and Coniniinukr-in-Chiff,
(IncloHiirii No. 3.]
The teal catch, — Liitl of vesaeh arrived ir'.lii their total catch — SchoonerH ■•<ci;etl.
[From the Dnily Colonist, Victoria, liritisli <^)liiiiibiii, of Tiiesduy, 13tli Septern'oer, 1887.1
The followinfi; is tl;e list of sealinjj schooners whidi have arrived in port, with their
northern catches ; also those to arrive aiul those seized. Tlie coast catch by Indians
and the spring catcJi by American sealers disposed of in Victoria are also appended :
VESSELS ARRIVED.
87.
f) you
e aii-
SB.
Name.
Patlifliider
J'cilt'loim,
Maiy Ellon
Lottie Kaiiticld .
M.iry Taylor .. .
Moniitiiu Chief.
]Ua<;k Uiaiiioml.
Adela
Sprinp
catch.
400
1,000
367
400
2(10
400
iOi
Noithtnn
latch.
Total.
2,377
2,817
1,500
2,500
2, OHO
2,457
2,000
3, 000
800
1, 000
6h7
1,087
064
1,360
1,51
VESSELS TO ARRIVE.
887.
lit for
m the
sing a
lonist
lOK.
Ada
349
1,030
Kate
F.ivorite
Theresa
307
21
Triumph
VESSELS SEIZED.
Dolphin .
Orace.
Anna Beck
"W. P. Sayward.
A Ifred A dams .
1,500
■!
192
SKAfi FISIIKKIKS IN BKRIN(} SKA.
Till' iiiiiiiltcr of sciiIh (;uii}{ht l*,v AiihtIcuii hcIiouiicih uikI miiUI in this city is uh
riilloNVM:
N'nmn.
Number
! ofMnU.
n.lfM HImii 4!m
Svlviii IIiuiiIn Kill
Sail JoHc lit"
Xnmn.
City of Sun Diix't
VnntlifMlt
Di.iioM'iv
Number
of Mfuls.
200
an
230
Tlie Nfiili Miiy Hclionncr Lottiih iiorthiMii catch was dispose*! of the otiier day and
aiiioiinti'd lo 7IIU skins,
Tiiis iiiiil«'s the to'.al (-at*!!!, as far as could ho jrh'anod ycsti-rday, 19,01(5 skins by
British vessels and *i,r)IV.> skins disposed of hy Anienean schooners.
Tlie catch oil' the west coast iiy I lie Indians and sold to store-keepers was 500.
The total nninherof skins lirouj^ht into port tor this scascn will represtMit in dollars,
at ;$(!.5(l per skin, the handsonio sum ot°.'^nu,:tO'.i.oi).
No. 151].
Lord LunmJoicne to Sir H. Holland.
No. 408.] OcTonEK 20, 1887.
Sill : With rcforeiice to prcvinus correspoiidcnco upon the subject of
the seizure of British seuliii}; vessels in Behiing San, I liave the honor
to foiward, for your informal ion, a clipping; from the Toronto Mail of
tlte 17th instant, publishing' iti frill the Canadian brief prepared l>y Mr.
Drake, Q. C, and tile<l in the Alaska courts on behalf of the officers of
the British sealers seizerl in Behrinjjf iSea.
I also inclose for your information a clipping from the New York
Herald of the 13th instant, {giving the United States brief tiled in the
district court at Sitka by j\lr. A. K. Delaney, as counsel for the United
States Government.
1 havC; etc.,
Lansdownk.
The liight Hon. Sir IIknmv Holland, Bart., etc.
[Inclotiure Nd. l.J
HKIIRIXO SKA.— Mlf. 1»KAKi;'S MASTKRLY AN.SWKR TO AMKKICAN PRETENSIONS.
[Extract from Toronto M»il.]
The Jiuasian elaiin diHcunsed — Ponition asaume'i &.»/ the Slates untenable — Going hei/ond
the recoynized law of nations — The seizures euiirelil illeyal.
[Fnim our own correspondent.]
Ottawa, October ItJ.
Hitherto only a hrief resnm6 of Mr. Drake's brief in the Alaska courts has been
published. As the United States press has r<;cently been making a great parade over
the American Government's case, it may not be out of place to give in full the brief
prepared by Mr. Drake himself, and tiled on behalf of the ottlcera of the British
(.ealers in Behring 8ea.
ill
RKAF. I'lSIlKUlKS IX IlKRINO SEA.
193
TICK llltlKI-
300
«17
^50
[Uiiiti'il Stati-H uoiii't, (lUlrii't ol' AluMkii. 'Mn' t'liilt-il SlatcH, |>litiatill', m, J. I). N^ari
Itili-y, (l)>l'('iiilaiitM I
.IJ. C.
Ill i<'f in Hiipporf, of tlic (It'liinrrcr, lilcil herein tlit^ HOfli Aii,<;n><t, H-*7, on liclmlf of
tlio niiister.s ami "wnei's of the Itritish sd'oonei's .(//»(<» Ilirh, Jhilphhi, (irii<r,iiud fV. P.
Sni/irard, seized l)y the United States cutter lor an aile;:ed inliaetion of an act of tin*
Uniteil StateH (.'oii^ress, No. I'iH, heinj^ an act to prevent the extermination of fur-
bearinjj animals in Alaska. The net, is «lireet<'d a;;ainst hilliii;; seals in the waters
adjivrent to the Islands of St. I'anl and St, (ieor;;e, and does not refer to any other
waters in Hehrin;? S<*a ; hnt on referriii;; to section H>,')(i of the Revised Statutes, the
laiijfuajie used is somewhat ditlerent, ]irohihitinji; tim killin;^ of fnr-ltearint; animals
within the limitsOf Alaska Ti'iritory or the waters thereof. The tirst (inestiini thou
to he decided is what is meant by the waters thereof. If the defendants are hound
hy tho treaty between lh(« United States ,ind Ivussia (ledin;; Alaska to the United
States, then it appears that Russia in IHi'J claiuie<l ahsoluti^ territorial sovercd^^uty
over the liehrinj: Sea, and ]turported toeonvi^y priicticilly one-half of that sea to the
United States. IJnt are tho defendants, as nu'U belou;;inj; to a country on friendly
terms with the United States, bound by thisiissertion of liussia f And i-an the United
States claim that tho treaty conveys to them any ;;reatcr ri;;ht than liussia Iwrstdf
possessed in these waters? In other words, the meni assertion ot' a rij^lit contrary to
tho comity of nations can confer on the j^rautees no rights in excess of those rccoi^-
nizod by the laws of nations. In in(|uirin;j what that ri^ht was iind how far it wafj
Hubmitted to l)y tlu! other powers interestiid, namely, fireat Ibitain and the United
States, we Iind the United Slates minister at St. retcrsburi; .n 1422, iroiubattiu^ tho
])retensions of Russia to a jurisdiction over the waters ci' ]'..'hrin'4 Sea for a distanco
of 100 ndles 1^'om the coast ^for this was Ihe extent of Ru. •: 's claim in IH-j'J) in the
followinj; exjtressive lanj^uajje: " Tin* existences of teiritoi I .1 ri;;hrM to the distiiuco
of lOll miles from the coast and the )iroiiibitiou of iipjn'o;' ■lun;; to the same distance
from these coasts and from those id'iill interveiiinu; is' ulsar^' innovatioiiH on the law
of nations and measures nnexamj)le(l."
Wo thus tind that the assumption of a limited soverei; ity over the waters of
Alaska was > iiallen;;ed by the United States, avd in conseti'ience was not persisted
in, and <wi , he 17th April, 1S24, a ("iiventiou w.'is con hiueil In'tween the United
States and Russia, whei'cby it wiis aij:ree<l, "that in any part of the <;reat ocean
^' 'i.innmly called thel'acilic Ot^ean, or South Sea, the resp.'ctive, (titi/ens. sultjects of
tho hii^h contracting powers, should lie neither distnrhed nor le.Ntraini'd either in nav-
igation nor in tishinji, or in tho jiower of resorting to the coasts upon jcints which
might not then already have been occupied for tho jnirposo of tniding with tho na-
tives, saving always the restrictions and conditions ccMitained in certain articles at-
tached to the treaty referiing to illicit trade with the Indians."
TIIK KL'SSO nUITISIl TUKATY.
16.
bBen
e over
brief
tritinh
The (iovernnient of Gi'cat Hritain, on tho 28th February, IrfJ"), also entered into
a treaty with Russia in conseiiuence of the same extravagant pn^tensions of Russia,
which treaty conlains the following i);'ovisions: "It is agrcinl that the nispective
snbje(;ts of tlie high contracting ])arties shall not bo trouhhul or molested in any ])art
of the ocean conimouly called the I'acitic Ocean, (jither lii navigating the same or
fishing therein, or iu lauding at such parts of tho coast as shall not have been already
occupied in order to trade with the nativt^s under the conditions and restrictions
specilied in the then following articles." These restrictions are not dissimilar from
those attached to the treaty with the United Statics. In order to ascertain what
were the pretensions of Russia which led to these treaties it is necessary to refer to
tho edict of the autocrat of all tho Russias. By .section 1 it is enacted: "That
the jinrsnitsof commerce, whaling and lishing, and all other inlustries on all islan<ls,
ports, and gulfs, inclndiiig tin? whole of the northwest coast of America, beginning
from Behring Straits to 51^ of north latitnd*;; also from tho Aleutian Islands to the
eastern coast of Siberia, as well as along tho Knrile Islands from Behring Straits to
the south cajie of the island of Briick, namely, 45° oO' northern latitude, is exclusively
granted to Russian subjects. Section 2. It is therefore prohibitiMl to all foreign
vessels not only to land on the coasts and islands belonging to Russia, but also to ap-
proach them within less than 100 Italian miles. Tho transgressor's vessel is subject
to conliscation along with the whole cargo."
kussia's claim.
Thus it appears that Russia claimed 100 miles from the coasts of all tho islands, as
well as the mainland of Beluiug Sea, and south to 45^ 50'. It was this claim that
S. Ex. 106 13
ii^l
194
SEAL FISHERIES IX BERING SEA.
»■ ,.
J:.>t
led to the indiyiiiint renioiistranco of tlio United States and Great Britain, and to the
treaties before referred to, and shows tliat Beliring Sea was included lu the tern»
" I'acilic Ocean." Tlie i)retensions of Russia were lu.ner revived, and the citizens of
Great Britain as wtdl as tlie United States had free a(;eess at all times to these waters
ill navij^atinj; and (isliiuff without any restriction. And Russia's claim was never re-
vived until she ])urp()rted to cedii to the United States a portion of Behring Sea.
Russia could not s(dl what she did not own, aiul The United States could not claim
that wjiich it was not in the jiower of Russia to sell. The Treaty with Enpjland has
never been .abrogated, and v.:ts in force when the cession to the United STates took
place, and there was no uecU ioiirot«'st against, the extravagant i)reteiisious of Russia
in i)uri>orting to disjiose of the liigh seas, as until last. y<'ar no attempt has been made
to enforce such a claim. The United States ha vt^ always been the strongest upholders
of the law of nations, and on this head Kent's (lounnentaries, page :2ri : "The open
sea is not capabh^ of being possessed as juivate property ; the free use of tlu) ocean
for uavigatiou.and li.vhing is connuon to all numkind, and the public Jurists generall.v
and exjdicitly deny that the nuiin ocean can ever be appropriated." lie also refers
to the claim of Russia, and in another place he states that "the United States have
recogui/cd the limitation of a marl m* league for general territorial jurisdititiou by
authorizing the disTrictt courTs to take cognizance of all captures uuule within a
marine leagues of tin? American shore." Set? act of Congress, June, 5, 17'M. And in
Wharton's International Uaw Digest, jtage ;!'^, the author says : " The limit of one sea
league from short; i:? j)rovi.iionally adopted as that of the territorial sea of the United
States," and "our jurisdiction has been (ixed toextenil Three geographical miles froni
our shore, with the exce|itioii of any waters or bays which are so land-locked as to be
unquestionably within I lie. jurisdiction of the United States, be their extent what
they nwiy."
Bohring Sea is not a gulf or bay, and is not land-locked by the lands of the United
States. Wharton again states thai "a vessel on the high seas beyond the distance
of a marine league from tlu! shore is regarded as ]iart of the territory of tins nation to
wliich she belongs." And Mr. Seward, in a letter to Mi'. Tassara, Dcicemlier l(i, 186:2,
tersely stales the priiicijde as follows : "TheTc art? two principles liearingon the sul)-
ject which are universally admitted: (1) that the sea is ojieu to all nations, and {'2)
that there is a portion of tl:e sea adjacent to every nation over which the sovereignty
of that nation extends to tiie exclusion of every other ptditical authority."
A third principle bearing on the subject is that the exclusive sovereignty of a nation
abridging the universal liberty of the seas i^xtends no further than the powtu- of the
nation to maintain it by force stationed on the coast extends. "7V>'/y(; dominiiiiit
Jiiiitur uhijiiiilur annariini vis" (the sovereignty of the coast ends where the power to
control it by lorce of arms terminates). It thus ai)pears that by the comity of na-
tions, sanctioned and approved by American jurists, that the high seas are open to
all ; that the territorial authority only exttMuls to a marine league or, at all events,
not further than a force on shore can )irot(?ct the coasts.
It also appears that the United States in claiming sovereignty over the Behring
Sea is claimir-; something beyond the well-recognizeil law of nations, and baizes her
claim upon the, prettmsions of Russia, which \vcre successfully re|»ndiated by both
Ciicat Britain and the United States. A treaty is valid and biiidiiii; between the
parties to it, but it cannot atb^ct others who are not ]»arties to it. It is an agree-
ment lietweeu nations, and would be construed in law like an agreement l)etweeu in-
dividuals. Great Britain was no party to it ami thenifore is not bound liy its terms.
It is therefore contended that the proceedings taken against the present defendants
are ultra vires ami without jurisdiction. Ibit, in order to press tlie matter further,
it may be necessary to discuss the act itself under which the alleged jiiiisdiction is as-
sumed. The act ninst be construed by what ajipears within its four corners and not
bv any ext rinsic docuu'.ent. It is an act delining a criminal oft'ense, and an act which
ai>ri(lges the jirivilegesaiid inimmiities olc itizensmust be moststrictly construed ; ami
nothing but the cli'aresl expression can or ought to be construed against the interest
of the public in ajiplyiiig this principle to the present case. The tt;rms used in the
act itself are " the waters adjacent to the islands of St. (Jeorge and St. Paul." "Ad-
jacent," in AVharton, p.'ige f4<i, is held to he adjacent to the coast and within the ter-
litorial jurisdiction of the country. This language, then, does not apjily to these
defendants who are fifty miles from the nearest coast. In section I'jr.ti the huiguago
is " the waters of Alaska." This must also be ctuistriied by the universal law as ap-
plying to the territorial limit only. And in a letter from Mr. Evarts to Mr. Foster, in
April, 1879, referring to a case in which certain American nierchaut vessels were seized
by the Mexican ant liorities for an alleged breach of the revenue laws, although dis-
tant more than three miles from shore it was litdd to be an international otfense, ami
was not cured by a decree in favor of the assailants by a Mexican court. So htsre it
i« subuntted that a decree of your honor's court will not give any validity to the
seiiiirea here made, and the defendants in filing their demurrer and Hubmitting this
argument do not thereby waive their rights or submit to the jurisitictiun of the court..
SEAL FISHERIES IN BERING SEA.
195
No. 157.
Lord Lanndoicne to Sir H. Holland.
Xo. 409.] Ottawa, October 20, 18S7.
Sir: X have tlie honor to transmit to you a copy of an approved re-
port of a coinniittee of the privy council, to which is appended a copy
of a dispatcli from his honor the lieuteuaut-ftovernor of British Colum-
bia, covering a minute of his executive council, dated 15th instant, set-
ting forth the value to British Columbia of the present sealing industry
in Behring Sea.
You will observe that the executive council of British Columbia con-
sider that the rights of British subjects, as regards the Behring Sea,
should be included in the scope of the duties of the international fish-
eries commission.
1 have, etc.,
LA^'SDOWNE.
The Eight Hon. Sir U. Holland, Bart., etc.
Certified copy oj
[Iiiclosuro Xo. 1.1
'!>!) of report of a commlltee of the honorable theprirtj coitiivU, npjtioved by his
cvcellency the (jovernor-general in, council on the lotli October, ISbT.
Tbo comuiittee of the privy council Lave had under consideration a despatch,
dated 15th September, 1887, from the lientenant-jjovernor of British Columbia, en-
closinjj copy of a minute of his executive council ou the 8ul)ject of tlie seizure of
Uritish sealint; vessels in liehring Sea, and pointing out the threateued destruction
of au important and growiuj; industry \A Britisli Columbia, by a repetition of oiU-
raf^es on the part of United States cruisers. ,
The minister of marine and fisheries, to whom the despatch and enclosures were
referred, recommends that tlie Government of ^British Columbia bo informed tbat
no opportunity has been neglected ou the part of the Dominion Government of
bringing to the attention of the Government of Her Majesty the unlawful seizure of
Canadian vessels in Behring Sea, and requesting that a speedy and satisfactory settle-
ment of the losses sustained be urged u[)on the lJnit(Ml Sta't-s Government, and that
the representations made by the Government of Britisli Columbia have been for-
warded to Her Majesty's Government.
The committee advise that the secretary of state be authorized to tninsmit ii copy
of this minute to the lieutenant-.'overnor of Britisli Columbia for tlio informatiou
of his government.
All which is respectfully submitted for your excellency's ap)>rov;il.
Jdiix J. JIcGrn:,
Clerk I'ricy Council.
[Inelosmo X^o. 2.1
^1 J.t'Jir of the liculcnunt-fiovcrnor of liritinh Colnmbia.
Hakkison Hot Spiungs, Bkiti.sii Commbia,
Siptimbcr If), 1687.
Sir: I have tlio honor to transmit herewith copy of a minute of my executive
council, approved by me on the ytli instant, nspresenting the vahie to the Trovinco
of British Columbia of the i)re8ent sealing industry in Beliring Sea, the number of
vessels, men, etc., engaged in the same, the loss to the Province certain to ensue from
the destruction of this crade by the seizures and contiscatious ma«le by the United
States cruisers. That the rights of British subjects should have the same protection
and consideration on the Pacific as on the Atlantic, and that full compensation and
redress for injuries already received, and assurances of future noa-interfercnce should
be obtained from the United States Government.
*- .
krf:..%
: %
19G
SEAL FISHERIES IN BERING SEA.
TLat this qnostion slionld bo inclntlcd in the scope of the duties of the interiiiitioiial
fishery coiuniission, now understood to be in process of orj^ani/jition, and that it is
desirable said couiniission should hokl some of its sittings in Victoria for reasons
therein set forth, etc.
I have the honor to be, sir, your obedienl; servant,
Hu(;h Nklson,
Lkiiteiiant-d over nor.
The Sechetaky ov
Statk,
Ottawa,
[Inclosiirc JS'o. 31
Copy of a report of a committee of the honorable the exenith'c eoiincU, approved hy hit)
honor the Vieutenant-tjovernor on the 'J//t day of September, IridT.
On a nieniorandnni from the honorable the minister of finauco and agriculture,
dated the Gth September, 1887, setting; forth —
That there are usually engaged in seal fishing in Behring Sea seventeen vessels
■wholly owned by people residing in this city, of the aggregate value of $1'25,000.
That the outfit for each semi-annual voyage of these vessels represents an expendi-
ture of IJTo.OOO, e(iual to 8150,(11)0 a year.
That each of thef-e vessels, on an average, employs .a crew of five whites and about
twenty Indians or fifteen to eighteen whites as hunters.
Tliat the i)robablo aggregate value of the product of each voyage is $200,000, or
$400,000 a year.
That this industry, tliougli as yet only in its infancy, is a very important one for so
small a community.
That the glaring and unlawful seizures and couTiscations in Behring Sea during
last season and the jncsent year are completely crushing out this infant industry
and causing ruin and, in several known instancies, actmil distress to those who have
invested their all m tlxi business and relied upon it for a livelihood.
That the destruction of this industry ii^t only entails ruin and distress upon those
directly engaged therein, but. it affects most injuriously the trade of the province and
drives from these waters t\ race of hardy and adventurous fishermen, who, with their
families, are large consumers, and who would in time become a very important ele-
ment of strength, if not tlie nucleus of the future navy of Canada on the Pacific.
That the rights and interests of British subjects, whether in fisheries or in com-
merce, are entitled to the sanui consideration and jirotectiou on the Pacific as on the
Atlantic, and that it is therefore the <luty of the Dominion Government to employ
every proper means for obtaining immediate and full compensation and redress for past
injuries iind wrongs, as well as to guard against the possibility of a repetition of these
high-handed outrages in the future.
That it is believed to bee desirable that this question should be included in the scope
of the duties of the international commission now understood to be in process of or-
ganization for the settlement of the fishery disputes existing between Canada and
the United States of America, ami it is considered most important that the said com-
mission should hold one or more of its sittings in this city, in order that those more
directly ac(|uaintcd with ami interested in the Pacific fisheries may have a better op-
portunity of being heard aud making thu conwnissioners more thoroughly acquainted
with the subject than would otherwise be possible.
The committee advise aiii)roval ami that a copy of this minute be forwarded to tho
hoTiorable the secretary of state for Canada.
Certified.
' Jxo. Roiisox,
CIc)
k Executive
CounciU
No. 158.
iSir
L.
\\'cst io Ml
•. Bai/arcl,
October 20,
1887.
(Omitted here
, being printed
supra, No. 31.)
SEAL FI8HEKIES IN BERING SEA.
197
Xo. 159.
Sir H, Holland to Lord Lansdoune.
Downing Street, November 4, 1887.
My Lord : I have the honor to transmit to yen for the information
of your ministers, with reference to your dispatch, No. 372, of the 26th
of September, the accompanying copy of a correspondence between this
department and the foreign office, 12th and 20th October, 1887, re-
specting the seizures of British vessels in Behring Sea.
Her Majesty's minister at Washington has now been instructed to
give to the Secretary of State of the United States a copy of IMr. Fos-
ter's report of the loth of Sei)teniber, on wliicli subject telegraphic
communications have passed between myself and Your Lordship.
I have, etc.,
H. T. Holland.
Gov. Gen. the Most lion, the Marquis of Lansdowne, etc.
in com-
as on the
employ
for past
of these
[Inelosnre No. 1.]
The colonial office to the foreign office.
Downing SxiiKET, October 17, 1S87.
Sir : I am directed by Secretary Sir H. Holland to transmit to you, to be laid beforo
the Manjuis of Salisbury, copy of a dispatch from tlie jfovcriior-jfcuoral of Canada,
dated 2(5th Septeujbcr, with its iuclosures, re8i)ecting the seizure in Behring Sea of
the British schooner Alfred Adams.
These papers appear to Sir H. Holland to point to a serious stiite of things, which
seem to make it necessary that some decided action in the matter sliould bo taken by
Her Majesty's Government. And he would suggest for the consideration of Lord
Salisbury, whether it would not be desiral)lo to instruct Sir L. West, unless he has
already done so, formally to protest against the rigiit assumed by the United States
of seizing vessels for catching seals beyond the territorial waters of Alaska.
I am to add that Sir H. Holland makes this suggestion, as Mr. Bayard is reported in
the newspapers to have stated that no protest against their right to seize had been
made, and to have assumed therefore tiiut Her Majesty's Government did not really dis-
pute it.
I am, etc.,
John Bkamston.
The Under Skcisktauy ok State,
Furciyn Office.
llnclosiire No. 2.]
Tbeforeif/n office to the colon lal office.
FoUKiSN O^KICE, October 20, 1887.
Sir: I am directed by the Marquis of Salisbury to acknowledge the receipt of your
letter of the 17th instant, inclosing copies of n correspondence received from the gov-
ernor-general of Canada, relative to the seizures made by the authorities of the United
States of certain British vessels when engaged in seal-iishing in Behring Sea.
With reference to the latest case reported, that of the Canadian schooner Alfred
Adams, I am to request that you will inform Sir H. Holland that a telegram has been
sent to Her Majesty's minister at Washington, directing him to make a protest to the
United States Government against the seizure of that vessel and the continuance on
the high seas of similar proceedings by the authorities of the United States.
With regard to the report that it had been stated by Mr. Bayard that no protest had
been made against the right of those authorities to make the seizures, and that it had
therefore been assumed that Her Majesty's Government did not really dispute the
198
SEAL FISHERIES IN BERING SEA.
.• >
right, I am to remind yon that Sir L. West, acting on the instructions which were
given to him by the Earl of Iddesleigh on the 20th of of October, 18H(!, addressed a
note to the United States Secretary of State protesting in the name of Her Majesty's
Government againsfftho seiznro of the three Columbian schooners, Thornton, Onward,
and Caroline, by the United States revenue cruiser Cortcin. This correspondence was
forwarded with my letter of the 16th of November last.
I am further to j)oint out that the directions given to Sir L. West in regard to sub-
sequent seizures of other Brltisli vessels in Behring Sea during the present iishing
season which wore embodied in Lord Salisbury's dispatches, Nos. 219 and 229 of the
10th and y7th ultimo (copies of which were also communicated to you on those dates
respectively), amount to a protest against the assumption by the United States Gov-
ernment of their right to seize British vessels on the high seas in those waters.
I am to request that in laying this letter before Sir H. Holland, you will move him
to ascertain by telegraph whether the report of Mr. Foster (the Canadian minister of
marine and fisheries) of the 1.5th ultimo, has been communicated by Lord Lansdowne,
with the papers attached, to Her Majesty's minister at Washington, as suggested in
the report.
On learning that this has been done, Lord Salisbury proposes to .authorize Sir L.
West to give a copy of them to Mr. Bayard.
I am, etc.,
J. Paunckfoti:.
^ I ' ■ i"
r ■•> ■
No. IGO.
Sir H. Holland to Lord Lansdoicnc.
Downing Street, November IG, 1887.
My Lord: I have the honor to transmit to you, for eomrannication to
your ministers, with reference to .your dispatches of the numbers and
dates, No. 408, October 20, No. 372, September 20, telegram September
23, the accompanying printed correspondence received from the foreign
office respecting the seizui'e of the British Columbian sealing vessels in
Behring Sea.
I have, etc.,
H. T. Holland.
Gov. Gen. the Most Hofi. the Marquis of Lansdowne,
K. C. M. G.
r
•0
8
II
C
[Inclosiiro No. 1 ]
Sir L. West to the Marquis of Salisbury.
WAsnixGTON, Octoher 12, 1887.
My Lord : In accordance with the instructions contained in your lordship's tele-
gram, No. 39, of the 27th ultimo, I addressed a note to the Secretary of State, copy of
which I had the honor to inclose to your lordship in my <lispatch, No. 273, of the 28th
nltimo, inquiring the reason why the vessels referred to in his note of the .3d of
February last had not been reWased, and I now inclose copy of the reply which I have
received thereto.
I have, etc.
L. S, Sackviij.k Wkst.
_ . ' i
[Inclosure Ko. 2.]
Mr. Bayard to Sir L. West, Octoher 11, 1887.
(Omitted here, being printed aujira, No. 22.)
SEAL FISHERIES IN BERING SEA.
199
[Incloaure Xo. 3.]
Sir L. Went to the Marquis of Salishury.
Wasiiingtox, Octohrr V2, IS87.
My Lord: With rcforenco to your lordship's dispatch, No. 220, of the l.'')th ultimo,
Tespectiufr the judicial procecditigs in the cases of the scliooners Carolina, Onward,
and Thornton,! have the honor to refer to the memoranda contained in my dispatches,
No. 2GI. of the 8th, and No. 203, of tlie 0th September. From wliat I can ascertain,
the notice of appeal in these cases is still lyinu: in the Sitka court, for there is no
court to wliich, under the act of Con<:;rP8s, the injured parties could appeal, and as in
the case of the American vessel San Diego, no farther steps can be taken in the matter.
I have, etc.,
L. S. Sackvilm". Wkst.
(Inclosure No. 4.]
Sir L. West to the Marquis of Salisburi/.
Wasiiixgtox, October 12, 1887.
My Loud: In accordance with the instructions contained in your lordship's dis-
patch, No. 229, of the 27th ultimo, I addressed a note to the Secretary of State, copy
of which I have tlie honor to inclose herewith, makinjj similar representations re-
specting the seizure of the British vessels Grace, Dolphin, and TF. P. Sayward, as were
made in the cases of the Onward, Carolina, and Thornton, and reserving all rights to
compensation on behalf of the owners and crews.
I have, etc.,
L. S. Sackvili.e Wf.st.
[Inclosure No. 5.]
Sir L. West to Mr. Bayard, October 12, 1887.
(Omitted here, being printed supra. No. 23.)
[Inclosure No. 6.]
Sir L. West to the Marquis of Salisbury.
Washington, October 14, 1837.
My Lord: I have the honor to inclose your lordship herewith copy of the reply
•which I have received to my note of the 12th instant, copy of which was inclosed in
any dispatch of No. 278, of the 12th instant, respecting the seizure of the G. ace,
Dolphin, and W. P. Sayward.
I have, etc.,
L. S. Sackviixe West.
[Inclosure No. 7.]
Mr. Bayard to Sir L. West, October 13, 1887.
(Omitted here, being printed 8U2)ra, No. 2G.)
[Inclosure No. 8.]
Sir L. West to the Marquis of Salisbury.
Washington, October 14, 1887.
My Lord : With reference to the note from the Secretary of State, copy of which
was inclosed in my dispatch. No. 276, of the 12th instant, I have the honor to inclose
to year lordship herewith copy of a further reply to my note of the 29th ultimo, ex-
200
SEAL FISHERIES IN BERING SEA.
1^ .
pressing regret that misconception of the intentions and orders of the President for
the release of the sealers Onward, Carolina, and Thornton shunhl have delayed their
prompt execution, and stating that renewed orders have heen forwarded.
I have commnnicated copy of this note to the Marqnis of Lansdowno, the substance
of which I telegraphed your lordship this day.
I have, etc.,
L. S. Sackville West.
[Inclosure No. 9.]
2Ir. Bayard to Sir L. West, October 13, 1887.
(Omitted here, being printed 8U2>ra, No. '25.)
[Inclosure No. 10.]
Sir L. West to the Marquis of Salishury.
Washington', October 20, 1887.
My Lokd: I have the honor to inclose to your lordship herewith copy of a note,,
which upon tlio receipt of your lordsliip's telegram of the 19th, I addressed to the
Secretary of State protesting against the seizure of the Canadian vessel Alfred Adams,
ill Rehriiig Sea, and against the continuation of similar proceedings by the United)
States autborities on the high seas.
I have, etc.,
L. S. Sackville West.
[Inclosure No. U.]
Sir L. Weit to .Vr. Jlayard, October 19, 1887.
(Omitted heri', being printed supra, No. 2'.).)
Xo. IGl.
Sir n. Holland to Lord Lansdoicne.
No. 399.] Downing Street, November 24, 1887.
My Lord : With reference to uiy dispatches of the 4tb and ICtli in-
stant, I have the honor to transmit to you herewith, for communication
to your Government, a copy of a dispatch received through the foreign
oftice from Her Majesty's minister at Washington with its inclosure re-
lating to the seizure of the Alfred Adams in Behring Sea.
I have, etc.,
H. T. Holland.
Gov. Gen , the Most Hon. the Marquis op Lansdowne, G. C. M. G.
'liV
[InclosHi'o No. 1.]
Sir L. S. West to the Marquis of Salisbury.
Washington, October 23, 1887.
My Lord : With reference to my dispat. h No. 288 of the 20th instant, in which I
had the honor to inclose copy of the note which, according to instruotious, I addressed
SEAL FISHERIES IN BERING SEA.
201
int for
I thoir
stance
to the United States Government on the subject of the seizure of the Alfred Adams,
in Behring Sea, I liave the honor to transmit herewith copy of Mr. Bayard's reply,
in which he acknowledges the receipt of my above-mentioned couimunicatiou.
I have, etc.,
L. S. Sackvillk West.
EST..
[Inclosure No. 2.]
Mr. Bayard to Sir L. S. S. West, October 22, 1887.
(Omitted here, being printed supra, No. 30.)
No. 162.
887.
k note,,
to the
tdams,
Jnitedi
EST.
Sir R. Holland to Lord Lansdoicne.
Downing Street, December 7, 1887.
My Lord: I have the houor to transmitto your lordship herewith,,
for your iuforination and lor that of your ministers, a co[)3' of a dis-
patch, received through tlie foreign office, which has been addressed
by the secretary of state for foreign alfairs to Her Majesty's jilenipo-
tentiaries at the fisheries conference at Washington, relative to a i)ro-
posed international convention for the protection of seals in Behriug
Sea.
1 have, etc.,
n. T. Holland.
Gov. Gen. the most Hon. the Marottjs of Lansdowne,
G. C. M. G., etc.
87.
,h in-
ation
feigU)
e re-
387.
ich I
eased
[Incloanre.l
Lord Salisbury to Her Majesty's plenipotentiaries at the Fisheries Conference,
FoHKiGN Office, December 2, 1887.
Gentlemen: I received on the 26th instant a telegram from Mr. Chamberlain, in-
quiring whether a proposal for an international conference in regard to the Behring
Sea tisheries had been accepted by Ifer Majesty's Government.
You are aware from the correspondence which is in your possession that communi-
cations with reference to a i)roposal, which would appear to have been addressed to
some of the luaritime powers by the United States foreign international convention
for the protection of seaLs in the Behring Sea, were received last October from the
German and Swedish charges d'affaires in London.
No definite invitation, however, for an international nnderstandhig on this question
has yet been received irom the Government of the United States by Her Majesty's
Government.
In answer to a question from Mr. Phelps, I have expressed myself as being favor-
ably disposed to negotiating for an agreement as to a close season in all seal fisheries
to whomsoever belonging, but I carefully separated the question from all controver-
sies as to fishery rights.
I am, etc.,
Salisbury.
Her Majesty's Plenipotentiaries.
202
SEAL FISHERIES IN BERING SEA.
t ■
*•' , •* ■•
) »•
No. 1G3.
Lord Lansdoioie to Sir Henry Ilolland.
Ottawa, January 19, 1888.
Sir : In reference to my former dispatches upon the subject of the
seizure of Canadian sealing vessels, durinjGj the years 1880 and 1887, by
United States cruisers, for fishing in Behring Sea, I have the honor to
report that my minister of marine and fisheries has received from the
customs authoriiies at Victoria an intimation addressed by the United
States marshal at Sitka to Mr. Spring, the owner of the Onirard, one
of the three vessels seized in 188*>, to the eff<'ct that that vessel as well
as the Thornton and Carolina, with their tackle, appaiel, and furniture,
as they now lie in the harbor of Ounalaska, are to be restored lo theiT*
owners, A copy of this intimation is inclosed herewjtli.
(2) The information received by my minister is to the effect that the
condition of these three vessels, owing to the length of time during
■which they have been lying on the shore, is now such as to render it
questionable whether they could, nn«ler the present circumstances, be
repaired and removed with advantage. The diflBculty of doing this
■would be increased from the fact that the vessels have been released
at a season of the year in which, owing to the great distance between
Victoria and Ounalaska, it would be scarcely possible for the owners
to fit out steamers for the purpose of going up to Ounalaska to repair
their vessels and bring them home.
(3) 1 also inclose herewith a copy of an extract from a British Co-
lumbia newspaper (the name and date of the publication are not given),
from which it would appear that the district judge has made an order
for the sale of arms and ammunition taken from tlie three schooners in
question, upon the supposed ground that as the instructious sent by
the United Stat<'S Government to Sitka for the liberation of the vessels
made no mention of the arms and ammunition on board of them, the
court concluded that these should be confiscated and sold. It would
seem from the same extract that the remaining vessels held in Alaska
are not included in the order sent by the United States Government
for the release of the Thornton, Carolina, and Omcard, and are there-
fore likely to be sold with their contents and equipment.
(5) I have already dwelt at sufficient length upon the extent of the
hardships involved to the crews and the owners of these vessels by the
action of the United States Government, and I will only upon the pres-
ent occasion remind you that another fishing season is approaching,
and that as far as my Government is aware, no declaration has been
made by that of the United States in regard to the policy which it in-
tends to adopt during the course of the year which has just commenced.
I have, etc.
The Right Hon. Sir Henr"x Holland, Bart., etc.
Lansdowne.
llncloaiire 1.]
Mr. Barton Atkins to Mr. C. Spring.
District of Alaska. Office of United States Marshal,
Sitka, December 5, 1887.
Sir : I take pleasure in informing yon and the otherownersof the schooners seized
in the Bebriug Sea by the U. S. S. Corwin that I am in receipt of orders from Washington
\
SEAL FISHERIES IN BERING SEA.
203
to restore to their owners the schooners Onward, Thorotoii, anil Cnrolitia, their tackle,
ajiparel, and furniture, I's tiiey now lie in tlie iiarlior ofOiinalasiia. Orders for their
release have been forwarded to their custodian at Ounalaska.
Very resoectl'ully,
liAKTox Atkins,
i'nitcd States ifarslud. District of Alaska.
Mr. C. Sprint.,
J'ictoria, B. C.
flnclosiire 2.— Kxtnict from an American ucwsiiaper (name tuid date unkuown).]
Alaaka news — The sealers and what will be done with them.
Judge Dawson has made an order for the sale at Juneau of the arms and ammuni-
tion taken from the Britisli schooners Thornton, Carolina, and Onward, captured last
year by the ConciH. Attorney-Gen sral Garland sent instructions to Sitka to liave
tlio three vessels liberated, but as he made no mention of the arms and ammunition
the court concluded that they must be sold, and gave directions accordingly.
The marshal has further been authorized to sell the schooner 71'. i'. Sayward (Brit-
ish), and the Al^iha, Kate, Anna, and Sylvia Handy (American), together with their
boats, tackle, and furniture. By stipulation entered into last September between
Mr. Delaney, acting for the United States, and Mr. Drake, Q. C, representing the
Canadian Government, the remaining British schooners can not be sold until the ex-
piration of three months from the 11th of January next, and then only by the district
attorney giving the owners ninety days' notice.
APPLICATION GRANTED.
In the cases of the schooners 7/j?i/X., W. P. Say ward, Annie, Allic J, Alger, Alpha, Kate
and Anna, and Sylvia Handy, an application made by Attorney W. Chirk, counsel for
the owners, for leave to appeal to the Supreme Court of the United States was
granted.
A motion presented by the same attorney for a stay of proceedings for throe months
iu the cases of the W. P. Sayward, Aljiha, Kate and Anna, and the Sylvia Handy, was
refused by the court on the ground that the owners had had ample time in which to
prepare for their appeals, and it was entirely their own fault if they had not done so.
'"i
i' I
Part IV.
PRIOR CORRESPONDENCE RELATIVE TO BEHRINO SEA, ALASKA,
THE SEA OF OKHOTSK, AND THE RUSSIAN UKASE OF 1821.
2s"o. 1G4.*
Mr. Poletica to Mr. Adams.
IXranslatioii.]
Washington, January 30 [February 11], 1822.
The undersigned, envoy extraordinary and minister plenipotentiary of
His Majesty iheEinperor of fill the Russias, in consequence of orders whicli
have hitely reached him, hastens herewith to transmit to Mr. Adams,
Secretary of State in the Department of Foreign Affairs, a printed copy
of the regulations .adopted by the Russian-American Company, and sanc-
tioned by His Imperial Majesty', relative to foreign commerce in the wa-
ters bordering the establishments of the said company on the northwest
coast of America.
The undersigned conceives it to be, moreover, his duty to inform Mr.
Adams that the Imperial Government, in a'lnpting the regulation, sup-
poses that a foreign ship, which shall have sailed from a European port
after the 1st of March, 1822, or from one of the ports of the United States
after the 1st of July of the same year, can not lawfully pretend igno-
rance of these new measures.
The undersigned, etc.
Pierre de Poletica.
Ilnclosiire I.]
I'Jdict of His Imperial Majesty , Autocrat of all the liuasias.
The directiiifj senate maketli known nnto all men :
Whereas in an edict of His Imperial Majesty, issued to the directing senate on the
4ih day of September, and signed by Ills Majesty's own hand, it is thus expressed :
"Observing, from reports submitted to us, that the trade of our subjects on the
Aleutian Islands and on the northwest coast of America, appertaining unto Russia, is
subject, because of secret and illicit traffic, to oppression and impediments ; and find-
ing that the principal cause of these difficulties is the want of rules establishing the
boundaries for navigation along these coasts, and the order of naval communication,
as well in these places as on the whole of the eastern coast of Siberia .and the Kurile
Islands, we have deemed it necessary to determine these communications by specific
regulations, which are hereto attached.
*No8. 164 to 173, inclusive, are here reprinted from "American State Papers, For-
eign Relations."
^04
sp:al fisiikries in ukring sea.
205
" In forwanliDj; thoso r«;;uliitioiiH to thn (lirectiiijj Hciiiitf, wo ctniiiiiaml that tlm
sainu bo ]>iibliHhc<l for univursal iiifoninitioii, and that the proper nieasiirea be taken
to carry tUeui into execution."
Count 1). Otmukk,
MiniDtcr of I'iiiancen.
It is therefore «lecree«l by tlio directinjj senate that Ills Imperial Majesty's edict
bo published tor the inforuiatiou of all men, and that the ^laule be obeyed by all whom
it may concern.
[The original is signed by the directin;^ senate.]
Printed at St. Petersburg. In the senate, September 7, 1-^vJl.
fOn the original is written, in the handwriting of His Imperial Majesty, thus:]
lie it accordingly,
Alkxan'hek.
Kamknnoy Ostuofi", Sepfcmhr 4, 1821.
' [Inclosuro II.]
IlitUs cHtahlishfd for the limitu of navigation and o''der of communication along the count
of the EuHtirn Siberia, the northwcxtern coast of America, and the Aleutian, Kurile, and
other islands. ,
Skc. 1. The pursuits of coiunierco, whaling, and fishing, and of all other indus'ry,
ou nil islands, ports, and gulfs, including the whole of the northwest coast of America,
beginning from Heliring Strait to the tifty-first degree of northern latitude; also from
tiie Aleutian Islands to the eastern coast of Siberia, as well as along the Kuri!e Islands
from Hehring Strait to the south cajie of the island of L'rup, viz, to 'i'y^ 50' nortliern
latitude, are exclusively granted to Rus'-ian subjects.
Skc. 2, It is then^fore prohibited to all foreign vessels not only to land on the coasts
and islands belonging to Russia, as stated above, but alno to apin'oach them within
less than a hundred Italian miles. The transgressor's vessel is subject toconliscation,
along with the whole cargo.
Skc. :5. An exception to this rule is to be made in favor of vessels carried thither
by heavy gales, or real want of provisions, and unable to make any other shores but
such as belong to Russia ; in these (iases they are obliged lo produce convincing proofs
of actual reason for such an exception. Shijjs of friendly governments, merely on dis-
coveries, are likewise exemjit from the foregoing rule (section U). In this case, how-
ever, they must previously bo provided witli passports from the Russian minister of
the iiavv.
No. 105.
?[)\ Adams to ilfr. Foletica.
Department of State,
M^'ashinffton, February 2ii, 1822.
Sir: I have the lionor of receiviug; yonr not3 of the 11th instuut, in-
closing a printed copy of the regulations adopted by the Eussiaii Ameri-
can Company, and sanctioned by Ilis Imperial Majesty, relating to the
commerce of foreigners in the waters bordering ou the establishments
of that company upon the northwest coast of America.
I am directed bj' the President of the United States to inform you that
he has seen with surprise, in this edict, the assertion of a territorial
claim on the i)art of Eussia, extending to the flftytirst degree of north
latitude on tiiis continent, and a regulation interdicting to all com-
mercial vessels other than Kussian, upon the penalty of seizure and
confiscation, the approach upon the high seas within 100 Italian miles
of the shores to which that claim is made to apply. The relation^ of
^ ^J
206
SEAL I'lSIIKRIKS IX IJKRING HKA.
the United Stiitos with His Imperial Majesty have always been of
the most friendly character; and it is the earnest desire of this (rovern-
nient to preserve them in that state. It was expected, before any act
which shoidd define the honndary between the territories of the United
States and Unssia on this continent, that the same would have been ar-
ranged by treaty between the i>arties. To exclude the vessels of our
citizens from the shore, beyond the ordinary distance to which the ter-
ritorial jurisdiction extends, has exciteil still fjreater surprise.
Tliis oidinance all'ects so deeply the rights of the United States and
of their citizens that 1 am instructed to incpiire whether you are author-
ized to give explanations of the grounds of right, upon priiuiiples gen-
erally re(t()gnized by tlie laws ami usages of nations, which can warrant
the cliiitns and regulations contained in it.
i avail, etc.,
JoirN QuiNcr Adams.
t" „ *
■rf-
No. 100.
Mr. PoJetica to Mr. Adams.
"Washington, February 'JS, 1822.
Mr. Poletica replied on the 2Sth of the same month, and after giving
a summary of historical incidents which seemed to him to establish the
title of Russia to the territories in question by lirst discovery, said:
"I shall be more succinct, sir, in the exposition of the motives which
determined the Impeiial Government to prohibit foreign vessels from
approaching tlie northwest coast of America belonging to liussia within
the distance of at least 100 Italian miles. This measure, however severe
it may at tirst ai)pear, is, after all, but a measure of prevention. It is
exclusively directed agains^ the culpable enterpriaesof foreign adventur-
ers, who, not content with exercising upon the coasts above mentioned
an illicit trade very prejudicial to the rights reserved entirely to the Kus-
sian American Company, take U])on them besides to furnish arms and
ammunition to the natives in the Jxussian possessions in America, ex-
citing them likewise in every numner to resist and revolt against the
authorities there established.
"The American (rovevnment <loubtless recollects that the irregular
conduct of these adventurers, the majority of whom was composed of
American citizens, has been the obje(;t of the ntosfc pressing remon-
strances on the i)art of Kussia to the Federal Government from the
time that diplomatic missions were organized between the countries.
These remonstrances, repeated at ditlerent times, remain constantly
without effect, and the inconvenieMces to which they ought to bring a
remedy continue to increase. * * *
''I ought, in the last ])lace, to request you to consider, sir, that the
Russian possessions in the Pacilic Ocean extend, on the northwest coast
of America, from IJohring's Strait to the fifty-tirst degree of north lati-
tude, and on tiie opi>osite side of Asia and the islands adjacent, from
the same strait to the forty-fifth degree. The extent of s^n of which
these possessions form the limits comprehen<ls all the condiiions which
are ordinarily attached to shut seas (mers ferm^es), and the Russian
Government might consequently judge itself authorized to exercise
upon this sea the right of sovereignty, and especially that of entirely
interdicting the entrance of foreigners. But it preferred only asserting
its essential rights, without taking any advantage of localities."
SEAL JMSMKKIKS IN HKIi'INO SKA.
207
No. KJT.
Mr. Adams to Mr. I'olctica,
Dki'aktmhnt or State,
\V((.slthujt(>n, Mdi-tk ;;(>, 1822.
Siu; I have had the, honor of ituiciviii}; yomlt'ttor of tlus 2Stli ullitno,
which hiis ht'i'ii .siil»riiitti'(l to the roiisiilcratioii of tlm I'rcsulciit ofthii
LTnitetl kStatcs.
Kroiii th»^ (ItMluction wliich it contains of llic jjrounds ujkhi \vhi(!h
articles of rcjiiihition of Ilic Jinssiiin-Anicricin Company liavc now,
for the first time, extended the ehiim of Ifiissia on the northwest (^oast
of America to the tifty-tirst def:ree of north hititiide,its oidy fonndation
ajjpears to be the existence of Ww small settlement of >'ovo Arcli-
anj^elsk, situated, not on the American r-ontinent, but upon a small
island in latitutle o7°; and the j)rin(!iple upon which you statei that th's
claim is now advanced is, that the lifty-lirst de;:,ree is e(iiiidistant from
the settlement of ^NovoArchanjjelsk and the est.iblishnuMitof the United
States at the mouth of the Columbia Iviver. IJut, from the same state-
ment, it appears that, in the year 17!)1>, the limits ju'escribed by the
Emperor Paul to the liUSsiauAmerican Comjjany were fixed at the
tiftytifth decree of latitude, and that, in assuminj; now the latitude 57°,
a new ]»retension is asserted, to which no settlement made since the
year j17J)U has j;iveu the color of a sanction.
This pretension is to be considered not oidy \.ith releienc(! to the
question of territorial rif^ht, but also to that prol,il»ition to tlu; vessels
of other nations, includin;jf those of the Unite<l States, to approach
within 100 Italian miles of the coasts. Fre i the period of the existence
of the United States as an independent nation, their vessels have freely
navijrated those seas, and the riH;ht to navi<fate them is a part of that
ind pendence.
A\ ith rejjiiid to the sn<;',i:estion that the liussiin (Jovernment mijifhl
have justilied the exercise of sovereignty over the Pacidf; Ocean as a
close sea, because it claims territory l)otli on its American an<l Asiatic
shores, it may sullice to say that the distance from shore to shore on
this sea, in latitude 51° north, is not less than 90° of longitude, or4,0U0
miles.
As little can the United States accede to the Justice ol" the reason as-
signed for the jjrohibition above mentioned. The ri^jht of the citizens
of the United States to liold commerce with the abori,ifinal natives of
the northwest coast of Ameri(ta, witliout the territorial jurisdiction of
other nations, even in arms and ninnitions of war, is as clear and indis-
DUtable as that of naviyatiny- the seas. That rijfht has never been ex-
ercised in a si)irit untriendly to liussia; and althoujjh {general com-
l)laints have occasionally been made on the subject of this commerce by
some of your predecessors, no specilic ground of charge has ever been
alleged by them of any transaction in it which the United States were,
by the ordinary laws ami usages of nations, bound either to restrain or
to punish. Had any such charge been made, it would have received the
most pointed attention of this Government, with the sincerest and
firmest disposition to perforin every act and obligation of justice to
yours which could have been required. I am commanded by the Presi-
dent of the United States to assure you that this disposition will con-
tinue to be entertained, together with the earnest desire that the har-
monious relations between the two countries may be preserved.
•rammmmi
208
SEAL FISHERIES IN BERING SEA.
Eelyiiig upon the assurance in your note of similar dispositions
reciprocally entertained by His Imperial Msijesty towards the United
States, the President is persuaded that tlie citizens of this Union will
remain unmolested in the prosecution of their lawfal commerce, and
that no effect will be given to an interdiction manifestly incompatible
with their rights.
I am, etc.,
John Quincy Ada^is.
No. 168.
Mr. Polctica to Mr. Adams.
Washington, April 2, 1822.
Mr. Poletica replied on the 2d of April following, and after again
endeavoring to prove the title of Russia to the northwest coast of
America from Behriug Straits to the lifty-tirst degree of north lati-
tude, said :
"In the same manner the great extent of the Pacific Ocean at the
fifty-first degree of latitude can not invalidate the right which Kussia
may have of considering that part of the ocean as close. But as the
Imi)erial Government has not thought fit to take advantage of that
riglit, all further discussion on this subject would be u^le.
"As to the right claimed for the citizens of the United States of trad-
ing with the natives of the country of tiic northwest coast of America,
Avithout the limits of the jurisdiction belonging to Eussia, the Imperial
Government will not certai'ily think of limiting it, and still less of at-
tacking it there. But I can not dissemble, sir, that this same trade be-
yond the fifty-first degree will Uicet witli difliculties and inconveniences,
for which the American owners will only have to accuse their own im-
prudence after the publicity which has been given to the measures taken
by the Imperial Government for maintaining the rights of the Itussian-
Amerian Company in their absolute integrity.
" I shall not finish this letter without repeating to you, sir, the very
l)Ositive assurance which I have already had the honor once of express-
ng to you that in every case where the American Government shall
judge it necessary to make explanations to that of the Emperor, the
President of the United States may rest assured that these explana-
tions will always be attended to by the Eiiipero»', my august sovereign,
with the most friendly, and consequently the most conciliatory, dispo-
sitions."
No. 109.
Baron Tuyll to Mr. Adams.
[Transliitiou.J
Washington, April 12 (24), 1823.
The undersigned, envoy extraordinary and minister plenipotentiary
of His Majesty the Emperor of all the Uussias near the United States
of America, has had the honor to express to Mr. Adams, Secretary of
State, the desire of the Emperor, his master, who is ever animated by
,
SEAL FISHKRIES IN BERING SEA.
209
a sincere friendship towards tlie United States, to see the discussions
that have arisen between the cabinets of St. Petersburg and Washing-
ton, upon some provisions contained in tlie ukase of the 4th (16th) of
September, 1821, rehitive to the Kussiau possessions on the northwest
coast of America, terminated by means of friendly negotiation.
ThCvse views of His Imperial Majesty coincide with the wish expressed
some time since on the part of the United States iu regard to a settle-
ment of limits on the said coast.
The ministry of the Emperor having induced the British ministry to
furnish Sir Charles Bagot, ambassador of His Majesty the King of Eng-
land near His Imperial Majesty, with full powers necessary for the
negotiation about to be set on foot for reconciling the difficulties ex-
isting between the two courts on the subject of the northwest coast, the
English Government is desirous of acceding to that invitation.
The undersigned has been directed to communicate to Mr. Adams,
Secretary of State, in the name of his august master, and as an addi-
tional proof of the sentiments entertained by His Imperial Majesty to-
wards the President of the United States and the American Govern-
ment, the expression of his desire that Mr. Middleton be also furnished
with the necessary powers to terminate with the Imperial cabinet, by
an arrangement founded on the principle of mutual convenience, all the
differences that liave arisen between Kussia aud the United States iu
consequence of the law published September 4 (l(i), 1821.
The undersigned thinks ho may liope that the Cabinet of Washing-
ton will, with pleasure, accede to a i)roposition tending to facilitate the
completion of an arrangement based upon sentiments of mutual good
will and of a nature to secure the interests of both countries.
He profits, etc.,
TUYLL.
No. 170.
Mr. Adams to Baron Tm/ll.
Depart.ment of State,
Wash insjton, May 7, 1823.
The undersigned, Secretary of State of the United States, has sub-
mitted to the {!onsi<ierati()n of tiie President the note which he iiad the
honor of receiving iVoin the Baron de Tuyll, envoy extraordinary and
minister i)lenii)otentiary tVoin His Imperial Majesty the Emperor of all
the Bnssias, dated the 12th (24tli) of the last nionth.
TIr' nnde:\sigiied has been directed, in answei to that note, to assure
the Haron de Tuyll of the warm satisfaction with whi(;h the President
recei\es and ap]»reciates the friendly dispositions of His Imperial
Majesty toward the United States; dis|)ositions which it has been, and
is, tilt earnest desire of the American Governnu^nt to meet with corre-
sponding returns, and which have been long ceujented by the invariable
friendship ami cordiality which have subsisted between the United
States and His Imperial Majesty.
Penetrated with these sentiments, and anxiously seeking to promote
their perpetuation, the President readily accedes to the proposal that
the minister of the United States at the court of His Inii)erial Majesty
should be furnished with powers for negotiating, upon principles adapted
to those sentiments, the adjustment of the interests au«l rights which
S. Ex. 100 14
210
SKAL FI8HKRIES IN BERING SEA.
►.» I
have been broiij^lit into collision ni>on the northwest coast of America,
and which have heretofore formed a subject of correspondence between
the two Governments, as well at \Vasliinj>ton as at kSt. Petersburg.
The undersi{;ne<l is further commanded to add that, in i)ursuin{f, for
the adjustment of the interests in question, this <!0urse, equally con<ienial
to the friendly feelings of this nation towards Hussia and to their I'eliance
ujKui the justice and inajiiianimity of his Imperial .^lan'sty, the President
of the United States confides that the arran{>ements of the cabinet of
St. Petersburg" will have suspended the possil)ility of any consequences
resulting from the uUase to which the iiaron «le Tuyll's note refers which
could affect the just lights ami the lawful comnier«;e of the United States
during the amicable (iiscnissiou of the subject between the Ciovernments
respectively interested in it.
The undersigned, etc.,
John (^iincv .'■ dams.
Xo. 171.
Mr. Ailaiiis to Mr. MidiUeioii.
No. 10.] Department of State,
\V((s:,i7ujton, July 22, 1823.
Sir: I have the honor of inclosing herewith copies of a note from
Baron de Tuyll, the Kussian miinster, recently arrived, i)roposing, on
the ])art of His jVIajesty the Emperor of Jiussia, that a power should
bo transmitted to you to enter upon a negotiation with the ministers of
his Government concerinng the differences which have arisen from the
Imperial ukase of 4th (10th) September, 1«21, relative to the northwest
coast of America, and of the answer from this Department acceding to
this jnoposal. A full ])ower is accordingly inclosed, and you will con-
sider this letter as communicating to you the President's instructions
for the conduct of the negotiation.
From the tenor of the ukase, the i)retention8 of the imperial Govern-
ment extend to an exclusive territorial jurisdiction from the forty-liftli
degree of north latitude, on the Asiatic coast, to the latitude of flftyoue
Dorth »^n the western coast of the American contiiient ; and they as-
sume the right of interdicting the navigation and the fishery of all other
nations to the extent of 100 miles from the whole of that coast.
The United States can admit no part of these claims. Their right of
navigation and of fishing is perfect, and has been in constant exercise
from the earliest times, after the peace of 1783, throughout the whole
extent of the Southern Ocean, subject only to the ordinary exceptions
and exclusions of the territorial jurisdictions, which, so far as Russian
rights are concerned, are confined to certain islands north of the fifty-
fifth degree of latitude, and have no existence on the continent of
America.
The correspondent between Mr. Poletica and this Department con-
tained no diwscussion of the principles or of the facts upon which he at-
tempted the justification of the Imperial ukase. This was purposely
avoided on our part, under the exi)ectation that the Imperial Govern-
mentcould not fail, upon a review of the measure, to revoke it altogether.
It did, however, excite much public animadversion in this country, as
the ukase itself had already done in England. I inclose herewith the
North American Review for October, 1822, No. 37, which contains an
k-uuTica,
between
LUff.
liii};, for
jusonial
reliance
resident
ibinet of
qnences
rs which
(1 Stiites
rninents
DAMS.
, 1823.
)te from
)sin<;', on
V should
listers of
from the
urthwest
eding to
A'ill con-
;ructions
Govern-
)rty-tifth
fifty one
they as-
all other
right of
exercise
je whole
(jeptions
Russian
he flfty-
jneut of
eut con-
;h he at-
irposely
Govern-
ogether.
mtry, as
with the
tains an
SEAL FISHERIES IN BERING SEA.
211
article (p. 370) written by a person fully master of the subject ; and for
the view of it taken in England I refer you to the fifty-second number of
the Quarterly Review, the article upon Lieute .ant Ivotzebue's voyages.
From the article in the North American Review it will be seen that the
rights of discovery, of occupancy, and of uncontested jxjssession,
alleged by Mr. Poletica, are all without foundation in t\utL * * *
The right of the United States from the forty-second to the forty-ninth
parfillel of latitude on the Pacific Ocean we consider as un(|uestiohable,
being founded, first, on the acquisition, by the trenty of February 22,
1810, of all the rights of Si)ain ; second, by the discovery of the Co-
lumbia River, first from sea, at its mouth, and then by land, by Lewis
and Clarke; and third, by the settlement at its mouth in 1811. This
territory is to the United States of an importance which no i)ossession
in North America can be to any European nation, not only as it is but
the continuity of their possessicuis from the xVtlantic to the Pacific
Ocean, but as it otters their inhabiiiants the means of establishing here-
after water communications from the one to the other.
It is not conceivable that any possession upon the continent of North
America should be of use or importance to R issiafor any other purjjose
than that of irafiic with the natives. This w«{is, in fact, the inducement
to the formation of the Russian American Company and to the charter
granted tiiem by the Emperor Paul. It was the induci'meiit to the
uka.se of the Emperor Alexander, liy offering free an<l ecpial access
for a term of years to navigation and intercourse with the natives to
liussia, within the limits to which our claims are indisputable, we con-
cede much moie than we obtain. It is not to be doubted that, long be-
fore the expiration of that time, our settlement at the mouth of the
Columbia River will become so considerable as to ofier means of useful
commercial intercourse with the Russian settlemenus on the islands of
the northwest coast.
With regard to the territorial claim, separate from the right of traffic
with the natives and from any system of colonial exclusions, we are will-
ing to agree to the boundary lihe within which the Emi>eror Paul had
granted exclusive ])rivileges to the Russian-American Company, that is
to say, latitude 55°.
If the Russian Government ap[)rehend serious iinjonvenience from the
illicit tratlic of foreigners with their settlements on the northwest coast,
it may be eiiectually guarded against by stipidations similar to those,
a draft of which is herewith subjoined, and to which you are authorized,
on the part of the United States, to agree. * • •
I am, etc.,
John Quincy Adams.
[Incloaiire.
Draft of treaty betueen the United States and Rtusia.
Art. I. In order to strengthen the bonds of friendsliip, and to preserve in future a
perfect harmony and yood untUir.staiidinjj; between the t'ontractinjj parties, it is agreed
that their respective citizens and subjeets shall not bo disturbed or molested, either
in navigating or in carrying on tlitMr fisheries in tlio Pacific Ocean or in the South
Seas, or in landing on the coasts of those seas, in |)lacus not already occupied, for the
purpose of carrying on their comnierce with tlie nativesof the country; sultject, never-
theless, to the restrictions and (trovisions sjiecified in the two following articles.
Akt. II, To tlieend that the jwivigation and fisherv of the citizens and subjects of
the (!ontracting parties, respectively, in the Pacific Ocean or in the South Seas, may
212
SEAL FISHERIES IN BERING SEA.
not be iiKule a pretext for illicit trade witli tlieir respective settliMuents, it i;, agreoij
that the citizens of the United States shall not land on anj' i)art of the coast actnally
occupied by Russian settlements, unless by ])ermission of the governor or commander
thereof, and that Russian subjects shall, iu like manner, be interdicted from laudiug
without permission at any settlement of the United States on the said northwest coast.
Art. III. It is agreed thac no settlement shall be made hereafter on the northwest
coast of America by citizens of the United States or under their authority, north, nor
by Russian subjects, or ander the authority of Russia, south of the fifty-fifth degree
of north latitude.
No. 172.
Mr. Adams to Mr. limh.
Department of State,
No. 70.] Washington, July 22, 1823.
Sir: Among the subjects of negotiatiou with Great Britain which
are pressing upon the attention of this Government is the present con-
dition of the northwest coast of this continent. This interest is con-
nected, in a manner becoming from day to day more important, with
our territorial rights; witli tlie whole system of our inter<!0urse with
the Indian tribes ; with the boundary relations between us and the
British North American dominions ; with the fur trade; the tisheriesiu
the Pacytic Oceati ; the commerce with the Sandwich Islands and China;
with our boundary upon Mexico; and, lastly, witii our political stand-
ing and intercourse with the Kussian Emi)ire. # * #
By the ukase of the Emperor Alexander, of the 4th (Kith) of Sep-
teraber, 1821, an exclusive territorial right on the northwest coast of
America is asserted as belonging to Russia, and as extending from the
northern extremity of the continent to latitude 51°, and the navigation
and fishery of all other nations are i\Jterdicted by the same ukase to the
extent of 100 Italian miles froui the <ioast.
When Mr. Poletica, the late Russian 'minister here, was called upon
to set forth the grounds of right conformable to the la\^ s of nations
which authorized the issuing of this decree, he answered in his letters
of February 28 and Aj)ril 2, 1822, by alleging first discovery, occupancy,
an 1 uninterru])ted possession. "■" * *
The United Statess and Great Britain have both protested against the
Eussian imperial ukase of September 4(10), 1821.
At the projjosal of the Russian Government a full power and instruc-
tions are now transmitted to Mr. Middleton for the adjustment, b^" ami-
cable negotiation, of the conflioting claims of the parties on this subject.
We have been informed by the Baron de Tuyll that a similar author-
*ity has been given on the part of the British Government to Sir Charles
Bagot. » * *
The principles settled by the Nootka Sound convention of October
28, 1790, were—
(1) That the rights of fishery in the South Seas, of trading with the
natives of the northwest coast of America, and of making settlements
on the coast itself for the purj)()ses of that trade, north of the actual
settlements of Spain, were common to all the European nations, and of
course to the United States.
(2) That so far as the actual settlements of Spain had extended she
possessed the exclusive riglits, territorial and of navigation and fishery,
extt tiding to the distance of 10 miles from the coasts so actually occu-
pied.
SEAL nSlIKRlES IX BERING SEA,
213
(3) That oil tUo coasts of South America, and the adjacent ishmds . outli
of the i)ait8 already occupied by Si)ain, no settlement should thereafter
be made either by British or Spanish subjects, but on both sides should
be retained the liberty of landinfj and of erecting temporary buildings for
the purposes of the fishery. These rights were, also, of course enjoyed
by the people of the United States.
The exclusive rights of Spain to any part of the American continents
have ceased. That portion of the convention, therefore, which recognizes
the exclusive colonial right of Spain on these continents, though con-
firmed, as between Great Britain and Spain, by the first additional article
to the treaty of the 5th of July, 1814, has been extinguished by the fact
of the independence of the South American nation and of Mexico.
Those independent nations will possess the rights incident to that condi-
tion, an«l their territories will, of course, be subject to no exclusive right
of navigation in their vicinity, or of access to them by any foreign na-
tion. * * »
The right of carrying on trade with the natives throughout the north-
west coast they (the United States) can not renounce. With the Rus-
sian settlements at Kodiak, or at New Archangel, they may fairly claim
the advantage of a free trade, having so long enjoyed it unmolested, and
because it has been and would continue to be as advantageous at least
to those settlements as to them. But they will not contest the right of
Bussia to prohibit the traffic, as strictly confined to the Russian settle-
ment itself, and not extending to the original natives of the coast. ♦ ♦ •
I am, etc.,
John Quincy Adams.
No. 173.
Mr. MiddUton to Mr. Adams.
In Mr. Middleton's dispatch No. 35, of the 19th of April, 1824, are
inclosed minutes of the conferences that preceded the signature of the
reaty.
The first conference took place on the 9th of the preceding February,
and Mr. Middleton submitted the following draught of a convention :
"Art. I. In order to strengthen the bondu of friendship and to preserve in future
a perfect harmony and good understanding between the high contracting parties, it
is agreed that their respective citizens and subjects shall not be disturbed or molested
either in navigating or in carrying on their fisheries in any part of the great ocean
vulgarly called the Pacific or South Sea, or in landing on the coasts thereof in places
not already occupied, for the purpose of carrying on their commerce with the natives
of the country, subject, nevertheless, to the restrictions and provisions specified in the
following articles.
"Akt. II, To the end that the navigation and fisheries in the great ocean carried on
by citizens and subjects of the high contracting i»artie8 may Tiot be made a pretext
for illicit trade with their respective settlements, it is agreed that the citizens of the
United States shall not land on any part of the coast actually occupied by Russian
settlements, unless by peruiissiou of the governor or commandant thereof; and tliat
Russian subjects shall, in like manner, be interdicted from landing without permis-
sion at any settlement of the United States on the northwest coast,
" Aht, III. It is further agreed that no settlement shall be made heveafter on the
northwest coast of America, or on any of the islands adjacent thereto, north of the
lifty-ttf'th degree of north latitude, by citizens of the United States, or under their
authority; nor by Russian subjects, or under the authority of Russia, south of the
same parallel of latitude."
214
si:al fisheries in keuing sea.
At the second conference, wliicli was on the 20th of February, Count
Nesaelrode, who was ace )rapanied by Mr. Poletica, gave Mr. Middletou
the following counter-driught:
[Translation.]
"Akt. I. To comoiit the bonds of amity, and to Heciire, for the future, a good under-
Btandiiig and a perfect concord between the high contracting powers, it is agreed that,
in any part of the great ocean, commonly called the Pacific Ocean, or Soiitli 8ea, the
respective citizens or subjects shall be neither disturbed nor restrained, either in nav-
igation or in fishing, or in the power of resorting to the coasts upon points whicii may
not already be occupied, for the ])urpose of trading with the natives; saving, always,
the restrictions and conditions determined by the following articles.
"Akt. II. With tlie view of jtroventiug the rights of navigation and of fiHhiiig,'ex-
ercised upon the great ocean by the citizens and subjinits of the iiigh contracting
powers, from becoming the pn^text lor ar. illicit trade with their respective es-
tablishuK iits, it is agreed that the citizens of tlu> United States shall not resort to
any ]»art of the coasts already occu])ied by Knssian esfal)lisliments, or li<lon(/iii(/ to I'nx-
sia, from tin- line of dcmarcolion pointtd out ni the nrHcle brlii>i\ without the i)eniiissiou
of the governor or commander of sdid establislimenls ; jiiid that veci])rocally, thd trnh-
jects of Russia shall not resort, witliout permission, to iiny establishment of the
Uniteil States upon tlu) ni>rth\vest coast, /rom tiic n'tinr Hiuoi' demnrcutioii.
"Akt. III. It is, moreovt-r, agreed that, in tlie li'siifcti vc jtossessionsof tli(( two high
powers oil the northwest (^oast of Ameiica. or in any <it' llie adjuceiit islands, there
shall not be formed by the citizens of the I'nited Stati's, (ir under the aiitiioiity of
the said States, any e,stal)lislnneiits to tlie north of, ^)4-' -lO' of'iortli latilnde; and that,
in tile same maniiei', there shall be none formed by Uiissian siibjecls, or uiidiT the
authority of Knssiii, to the south of the same parallel.
" [With admission of American vessels to New Archangel.]"
As to this countor-drunght, Mr. Middleton'.s miiuitos of the second
conference contain the following:
"1 observed that the insertion in the second article was utterly inad-
missible, as repugnant to the stipulations of the former article, aiul that
instead of the admission of American vessels solely to ^Tew Archangel,
in the third article, 1 should propose the commercial principle adopted
by the United States and England upon the same coast (indiscriminate
admission, etc., for a hmited period). Tiitit I must wow frankly tell
them that my instructions required that I should obtain two points as
necessary conditions to the third object conten)plated by the projet of
convention : First, the revocation, either spontaneous or by conven-
tion, of the maritime provisions of the ukase of September 4(16), 1821 ;
secondly, the adoption of the commerciai princijde (or something sim-
ilar) agreed upon between the United States and (rreat Britain, in their
convention of 1818, in relation to these coasts ; thirdly, that, these
preliminaries being settled, a territorial delimitation for settlements at
55° might be agreed upon.
"Ui)on tliia Mr. Poletica assured me, with a strong asseveration, that
he would never be brought to sign an instrument containing the j)iin-
ciplo of free admission for our sliips to their coasts, whatever the count
might think proper to do. He continued to argue warmly against any-
thing of the kind. I rei>lie(l somewhat at length, and concluded by
saying that unless he could be brought to change Ins mind upon this
point, it was more than i>robable we should be able to do nothing.
Russia must then be content to keej) her ukase, and other nations
would onlj' have to see what means tliey may possess of carrying on
the northwest trade in spite of it. The count took no share in this
aparte discussion, and when it concluded I told him that I should take
his contreprojct home with me to consider it and make such further
propositions as reflection should suggest. We agreed to meet again in
three days."
.,
mmmfft
SEAL FISHERIES IN BERING SEA.
215
.
At tlie fourth conference, which was or. the 8th of Miirch, Mr. Mid-
dleton Hubuiitted to Count Nesselrode the following paper:
[Translation.]
" The dominion can not be acquired but by a real occupation am! pos-
session, and an intention (animus) to establish it is by no means suffi-
cient.
"Now, it is clear, according to the facts established, that neither
Eussia nor any other European power has the right of dominion upon
the continent of America between the fiftieth and sixtieth degrees ot
north latitude.
"Still less has she the dominion of the adjacent maritime territory,
or of the sea which wfishes tbese coasts, a dominion which is only ac-
cessory to the territorial dominion.
"Therefore she has not the right of exclusion or of admission on these
coasts, nor in these seas, which are tree seas.
"The right of navigating all the free seas belongs, by natural law,
to every indei)endent nation, and even constitutes an essential part of
this indejjendeuire.
"The United States have exercised navigation in the seas, and com-
merce upon the coasts above mentioned, from the time of their inde-
pendence; and they have a i)erfect rigiit to this navigation and to this
commerce, and they can only be deprived of it by their own act or by a
convention."
What then transi)ired at the c» erence Mr. ]Middleton's notes relate
as follows :
" Having read this with attention, he (Count Xesselro(b^) exclaimed,
' Well, here is a convention. We must see if 't \y not i)ossible to come
to an arrangement.' He then stated that there could, however, now re-
main only one means of accommodating the existing difference. This
he would state hypothetically (supposing the possibility of the Emper-
or's permitting the stipulation of a free trade for ten years to be agreed
to). It was a proposition which, perhaps, would be made to me at a
future meeting. It would be intended to prohibit the trade in fire arms
and ammunition. He went into a recapitulation of the complaints of
Mr. Daschkoff iind Count Pahlen, on account of the injuries arising from
the fire-arms furnished to the natives by our citizens. I took occasion
here to declare that all these proceedings of the Jlussian Government
were founded in erroneous impressions, and arose from their having
improperly conceived that they had a right to regulate our comn)erce
upon a coast which, being unoccupied, was free ami open to all luitions.
It was clear that they had no right to demand any regulation of the
kind. He replied, they did not now, of course, expect any arrangement
which should not be marked by reciprocity. 1 remarlced that any re-
striction of the kind would be in many respects liable to objections.
That the first which presented itself to my mind was, that sucli a regu-
lation could not be carried into effect v.ith;)ut admitting a right of search
which was wholly inadmissible in time of i)eace. He rei)lied, tliey had
no intention of proposing anything of the kind, for that they would be
satisfied with the right of making representations to our Government,
i case of the infraction of the regulation which should be adopted, by
our traders."
What occurred at subsequent conferences is stated in Mr. Middletous'
minutes as follows :
" Considerable delay occurred after the conference of the 8th March,
occasioned partlj", as I understood, by the indisposition of the Emperor,
■Ml
-Hi
216
SEAL FISHERIES IX BHUING SEA.
and partly, too, as I snpposod, to jjivo time for consultation with the
directors of the Kussian American ('onipany. At lenj2fth,on the morn-
iiifj of the L'Ud Man;!), Mr. I'oletica called upon nie and stated that he had
now a jtroject tootier on the ])art of his Government (see paper lettered
L) and that he would leave it with me for consideration. Among other
things, he observed that the prohibition of a trade in arms aiul ammu-
nition would be a sine qua mm, and that the Emperor wished, in views
of benevolence, to add thereto all kinds of spirituous liquors. This
was contirmed to me by Count Nesselrode'a note of 20th March (see
paper lettered M). Mr. Poletica stated that Count Nesselrode proposed
to receive me on Monday, the 24th instant, at his house at 1 o'clock p. m.
"Accordingly 1 attended on Monday, th<^ 24th March, and offered the
projet lettered N. The argument this day turned generally upon the
restrictions proposed to be imposed upon the trade. The sale of arras
to the savages, whose blind passions are unrestrained by any moral tie,
must be equally pernicious to themselves and all who come within their
reach. The greatest objection to tliis prohibition appeared to me to be
that the restriction may be converted into a pretext for vexations upon
our commerce, if seizure or confiscation were permitted; and, on the
other liand, it seemed likely that all other modes of carrying the prohi-
bition into effect would prove nugatory. 1 had been told, however,
that they would be satisfied with its interdiction under such ])enalties
as we might think proper to impose; that in case of infraction they
would content themselves with representations to the Government; but
that, finally, the measure was a sine qua non. In order to meet this
proposition, I had drawn nj) the article as it stands in the projet, as,
upon the whole, 1 concluded that our Government will probably con-
sider the proposal as less objectionable than at a former period, from
considerations, at least, of reciprocity, now that we have an acknowl-
edged territory upon the western coast, and when, too, it might per-
haps be unavailing to attempt to resist the claims of liussia, likely so
soon to be fully acknowledged by Great Britain.
" On the 28th Mr. Poletica brought me the projet lettered O. It now
appeared to me that the latter ])art of the fourth article, 'that the recip-
rocal right shall cease,' etc., had still too much the ajjpearauce of a sub-
stantive stipulation, although 1 had changed it from an entire article
in their projet ot the 22d of March, so as to stand as an accessorj^ to
the preceding stipulation of an open trade. In the fifth article, their
expression 'of arbitrary measures 'did not appear tc v::^ to be suflB-
ciently precise, as it left them at liberty to adopt regulations and to
carry them into effect, because it could not be said that such regula-
tions were arbitrary. For these reasons I proposed at our meeting on
the 31st that the fourth and fifth articles should stand as set forth in
the projet lettered P.
"The tburtb article became the subject of warm debate during the
three meetings upon the 3Ist of March and the 1st and 2d of April, at
the last of which they proposed that I should sign a protocol of the
tenor of that lettered Q. This was refused by me as asserting what
was evidently untrue, to wit, that the two forms specified therein meant
the same thing ; but I consented to sign another protocol, of which one
of the originals is forwardMl herewith, lettered R. The protocol of
signature is lettered S, and the convention T.
"Such is the sum and subst-^nce of what j)as8ed in our conferences,
as extracted from the shoit notes I made directly after each meeting.
If it should appear to be meager and desultory, this must be accounted
for from the circumstance that we had set out disclaiming all regular
SEAL FISHKUIK.S IN HKKING SEA.
217
discussion of rif^lit or of fact; and if anytliinjj aitproachinj;" to it was
resorted to, it was only wlicn I dctMiicd some statcMntMit absolutely neces-
sary tosuj>portonr |)r('tensi()ns; hut in j^eneral every tliin<; of the nature
of discussion a|>i)eared to bo carefully avoided by the adversary."
[Inclosuro L Id Mr. Midillcton's No. aS.— Trnnslalion.]
I'rojet of liitsnia of March '-i'i.
HIh M.ijesty tlio Etiipeior of all the Russias, and tlie Govenuiient of tlio United
States of America, wishing to cement the bonds of amity wliicii nnite them, and to
secnre between them the invariable maintenance of a jierfeet concord, by means of
the present convention, have named as tlieir phMiipo^'Mitiaries to this ert'eet, to wit :
His Majesty the Emperor of all the Riissias, his beloved and fuithfnl Charles Robert,
Connt of Nesselrode, &c., and Pierre de Poleticu, &c,, and the Governmenr of tlie
United States of America, Henry Middleton, esij., Ac., who, after having exchanged
their fnll powers, fonnd in good and dne form, have agreed npon and signed tbo
following stipnlations:
Akt. I. It is agreed that in any ]tart of the great ocean, commonly called the Pa-
cific Ocean, or Sonth Sea, the resj)ective citizens and snbjects of the liigh contracting
parties shall be neither disturbed nor restrained either in navigaticm or in fishing, or in
the pow(T of resorting to thecoawts n]»on points which nniy not already be occupied
for the purpose of trading with the natives, saving always the restrictions and con-
ditions determined by the following articles.
Akt. il. With a view of ]treventiMg the rights of n.avigation and of fishing, exer-
cised upon the great ocean by the citizens and subjects of the high contracting par-
ties, from becoming the ))retext for an illicit trade, it is agreed that the citizens of the
United States shall not r» sort to any point of the coasts already occupied by Russian
establishments, without the permissi«ui of the governor or commander of said estal)-
lishments; and that, reciprocally, the subjt^cts of Russia shall not resort, without
permission, to any establishment of the United States npon the northwest coast.
Art. III. It is moreover agreed that, in the respective ;)ossessions of the two high
powers upon the northwest (toast of America or in any of the adjacent islands, there
shall not be formed by the citizens of the United States, or under the autliority of the
said States, any establishment to the north of .')4'^ 40' of north latitude; and that, in
the same manner, there shall be none formed by Russian smibjects, or under the authority
of Russia, to the south of the same parallel.
Art. IV. It is, nevertheless, understood that the vessels of the two powers, or
which belong to their respective citizens or subjects, may reciprocally frequent, with-
out any hindrance whatever, the interior seas, gulfs, harbors, and creeks in the
possession of Russia and of the United States of America on the northwest coast, for
the purpose of fishing and trading with the natives of the country.
Art. V. This reciprocal right of fishing and of trad*? is only granted for a term of
ten years from the date of the signing of the present convention, at the end of which
t«rm it shall cease on both sides.
Art. VI. i^roni this time tire-arms, other arms, powder and munitions of war of
every kind are always excepte<l from this same commerce, which the two powers en-
gage not to sell nor allow to l»e sold to the natives by their respective citizens and
subjects, nor by any person who may be under their authority.
Art. VII. The present convention shall be ratified, and the ratifications thereof
shall be exchange<l at St. Petersburg in the space of .
In faith whereof the respective plenipotentiaries have signed it and thereto affixed
the seal of their arms.
Done at — tbo — of the year of grace 1824.
[Iiiclosure M in Mr. ''Aiddleton'B No. 35. — Translation.]
. Count Xes eirode to Mr. Middleton.
St. Petersburg, March 20, 1824.
The undersigned, actual privy counsellor, secretary of state directing the admin-
istration of foreign afi'airs, has the honor to mention to Mr. Middleton, envoy extra-
ordinary and minister plenipotentiary of the United States of America, the desire
which the Emperor had of seeing arms, munitions, and spirituous liquors excepted
from the articles of which the reciprocal trade miirht be declared free during ten
218
SEAL FISHERIKS IN BKRING SEA.
years with tlio iiativeHof tlio northwest coaHt of America, by the couveiitioii which
RuHHiiV ami tlio Uiiitud StatoN nni upon the ])oiiit ot'itoiicliKliiig.
The iiiidorm^iKHl haHteiiH to aHsiire Mr. Mitltlleton, by writing, that the imimMliate
prohibition of the trade in arniH and niiinitionH with thti iiativeH \» a condition to
which His Imperial Majesty attiifhcs the hijrhest importance, a condition the absence
of which would not permit him to fj;ive his assent to the rt(st of the treaty.
As to the itrohibition of the trade in spiritnons li([nors the Emperor eajjerly desires
that itshonid be ])r<m<ninced, and lie does not donbt that Mr. Middleton an<l the Gov-
ernment of the United States [will] receive in the most favorable manner this wish,
dictated by motives of hnmanity and morality.
The unilersi<;ned, etc.,
Nesmki.kuuk.
(Tnolosiire N in Mr. Mlddloton's No. .35. — TranHlntton.}
Vrojet of the United States of March '^4.
His Miije.sty tlie Enii»eror of all tlm Riinsias iuid the Tresident of the United States
of America, wisliiiij^ to cement the Itonds of amity whieli unite them, and to secure
between tlieni the invariable maintenance of a peitect concord, l)y means of the
present <!r)nv(Mition, have named as rhcsir jdenipotentiaries to this elfecjt, to wit : His
Majesty the Kuiperor of all the K'ussias, his lieloved and fnithful Charles Robert,
Count of Nes.stiliode, etc., and Pierre de Pohitica, et(!., and tlie I'residcMit of the
United Slates of America, lleniy Middleton, a citizen of said States, and their envoy
oxtraordiiiiiry and niiuister plenipotentiary near His Imi)ei'ial Miijesty ; who, iifter
liavinj; exelianjicd tlu'ir full powers, found in yood and ilue form, have ajfreed upon
and slj^ne<l the following stipulations :
Art. I. It is ajjtreed tliat iu any part of the great ocean, commonly called the Pa-
cific Ocean, orSoutii Sea, the respective eiti/ensand snl)J(!i(s of the hijj;h contracting
parties shall be neither disturbed nor restr.iintMl eitlier in navi;;fati(in or in fishinjj;, or
in the jjower of resortinj^ to the (toasts uj»on ])oints which may not already l»e occu-
pied for the purpose of tradinjr with tlie natives, saving always the restrictions and
coinlilions «letermiiied by the following articles.
Aur. II. With the view of jjreventiiig the right." of navigation and of fishing, exer-
cised ni)t)n the great (»eean by the citizens and sul>jeets of the high contracting pow-
ers, from becoming the in-etext for an illicit trade, it is agreed that the citizensof the
United States shall not resort to any point where there is a Knssian establishment,
without the [lerniission of the jjovernor or commander ; ami tiiat, reciprocally, the sub-
jects of Russia sh.all not resort, without permission, to any establishment of the
United States upon the northwest coast.
Art. III. It is moreover agreed that, hereafter, there shall not be formed by the
citizens of the United States, or under the authority of the said States, any estab-
lishment u|)on the northwest coast of Am(>rica, nor in any of tiie islands adjacent, to
the north of .^)4^ 40' of north latitude; and that, in the same manner, there shall be
none formed by Russian subjects, or under tlio authority of Russia, to the south of
the same parallel.
Art. IV. It is, nevertheless, nnderstood that the vessels of the two powers, or which
belong to their citizens orsultjects, respectively, may reciprocally frequent, without
any hindrance whatever, the interior seas, gulfs, harbors, and creeks upon the said
coast for the purjiose of lishing and of trading with the natives of the country. But
the reciprocal right granted by this .article shall cease, on both sides, after the term
of ten years, to be counted from the signing of the pr<«sent convention.
Art. V. Fire-arms, other anus, powder, and munitions of war of every kind are
always excepted from this same commerce permitted by the preceding article; and
the two powers engagt;, rectiprocally, neither to sell, nor suffer them to be sold, to
the natives by their resptictive (jitizens and suhj(!cts, nor by any person who may be
under their authoiiry. It being well understood that, in any case, this restriction
shall not bo considered to autliorizo, under the pretext of a contravention of this
articl(>. the visit or the detention of vessels, or the seizure of the nuM-chandise, or, iu
fine, any vexations whatever exercised towa'ds the owimrs or the crews employed
in this eommeree; the iiigh contriictiug powt;rs, reciprocally, reserving to themselves
to determine upon the penaltitvs to be incurred, and to iiiUict the punishments due,
in case of the conti'avention of this article by their respective citizens and subjects.
Art. VI. When this convention shall have been duly ratified by His Majesty the
Emperor of all the Russias on one part and on the other V)y the President of the
United States, with the advice and consent of the Semite, the ratifications thereof
shall be exchanged at Washington in the space of ten nn)nths from the date below,
or sooner, if possible.
In faith whereof the respective plenipotentiaries have signed this convention, and
theret() affixed the seals of their arms.
Done at — the — of the year of grace 1H:^4.
SKAL FISIIKRIKS IN HKRIMl SKA.
219
[Inciomuv O in Mr. MidillitdUH No. M.]
(.'onfre projet of IluHnia of March ','H.
TliiH jirojot in virtuiilly ichMitical witli tlint of tlio United StntcH of March 24 (Iiido-
8ure N), the only cluinge hisin^i a verbal one in the second Hcntcuce of Article V.
flui-luitiiro P ill Mr. Middlelon'a No. 35.— Tniiialiitidn.l
Projet of the United States of Mareli lU.
Akt. IV. It is, iievcrthclesH, iindcrHtood that, dnrinj; u term of ten years, to he
counted from the .sif;nin;:; of tlie jtresent convention, t!io whips of the two jiowers, or
which belong to their citi/<MiH or Hiiltjects, resjttuitively, may recjiprocally fre(|iuMit,
without any liindrance whatever, tiie interior seas, gulffi, harbors, and criM'l<,s uiion
tlie coast mentioned in the preceuing artichi, for tlie purpose of tisliin^f and trading
with the natives o< tlie country.
Akt. V. All spirituous liijuors, fire arnis, other arniH, powder, and munitions of war
of every kind, are always excepted i'rom the commeice permitted by the preceding
article; and the two )iowers engage, reeipidcally, neither to sell, nor sutler tliein to
lie sold, to tlie natives by their respective citizens and snl)jects, nor by any jiersoii who
may be under their authority. It is liUewist! sii|iiiiate(l that this restriction shall
never servt) for a pretext, nor be alU^ged iu any case, to authorize either tlie search or
detention of vessels, or the seizure of the mi'rciiamlise, or, in line, any ineasnres of
constraint whattivcr towards the merchants or the crews who may carry on tbiM com-
merce; the. high <'ontractiiig powers, reciprocally, reserving to tliemselves to de-
termine upon the penalties to be iiieiiired and to inllict the punisbnieiitM due, in case
of a contravention of this aitii^le liy their respective cili/ms or subjects.
(Inc!nsni(> (J in Mr. Miililli'loii s No. 35.— Truimlation.l
Projvt of protocol nul>iiiitted In/ the Ii'itfinimi nvijol'xitorx on April '2, which Mr, Middleton
rcfiiH(d to sifjn.
The undersigned, alter having discussed in Hin'eral confereiuje.s a projet of conven-
tion ]>ropos(!d for renioviiig all tlx". dili'enMiees which have arisen between Russia
and the I'll ited States of America, in cons<!(iuence of a regulatiiui published by the
former of these powers, on the 4th (Ibth) .September, IH'il, definitively drew up the
different articles of which this convention is composed, added to them their sign
manual, and mutually engaged to sign theiii as tliey are found annexed to the present
protocol.
In drawing up the fourth of these articles, the plenipotentiaries of Russia recollected
that they had proposed to the plenipotentiary of the United States to arrange the said
article in the following terms:
Art. IV. " It is, nevertheless, understood that the ships of the two powers, or which
behmg to their citizens or subjects, res[)ectively, may mutually frequent, without any
hindrance whatever, the interior seas, gulfs, harbors, .an<l creeks upon tin* said coast,
for the purjiose of there fishing and trading with the natives of the country. But
the reciprocal right granted by this article shall cease, on both sides, after a term of
ten years, to bo counted from the signing of the present convention."
The plenipotentiaries of Ru.ssia ailded,
that after agreeing to this arrangement,
the plenipotentiary of the Unitetl .States
had afterwards invited them to change
the ending of this very article, .lud to
agree to it as it is transcribed opposite*
observing that this second arrangement,
more conformable to the letter of tlie in-
structions which he had received, in no
way altered the sense of that which had
been proposed by the plenipotentiaries of
Kiissia.
The plenipotentiary of the United States
having repeated this observ^ation, the ar-
ticle in (|uestion was signed with the mod-
ification which he had demanded to be
there introduced.
'Akt. IV. — "It i.s, nev(uthele.ss, nnder-
tood that during a term of ten years, to be
counted from the signing of the present
convention, the ships of the two powers,
or which behmg to their citizens or sub-
J(!cts, respectively, may mutually fre-
([uent, without any hindrance whatever,
the interior seas, gulfs, harbors, and
creeks upon the said coasts, for the pur-
pos<u)f there lishing and trading with the
natives of the country."
220
SHAI- I'lHllKRIF.S IN RKRIXG SKA.
'♦ •
i;*«
Al'ttT whidi nil till- lit Iter iirtii^li'H wck* also Mi^iicil, aixl it wuh n-Holveil tu procuud
t(i tlir sii^ii.il iii'i^ of tln' cuiivfiitimi iiMcli" tlu! — iKilnwiiij;,
DiMii! al >5t. rctm^liiira, tlio — , lri2l.
jlnclosiire U In Mr. Midillt'ton'H No. .'in.— TranHlntluii. |
Protofol of Hiyunlnre of ihv arlicltg.
Tin; iiiitl»irHi;jiHMl, after having disciiMsoil in N()V(»ral coiilort!iic«!H a jno.jot of a coii-
voiitioii propoNod for sifttliii^ all tho (lill'iutMicus which uio.st) htUwetMi tho United
Stat»!H of Anuiiica and UnsMia, in ('onm^qiionco (d'a rojruhition pnhlishod by tlio latter
of tht'Ho powerHon the 4th (lUth) S('i)teMiher, Irt'il, didinitively drew up the diH'eront
articleN of which thiu convention in coinpoHcd, added to them their Hign manual, and
mutually enj^ajjed to n'mn them u» they are found annexed to the present protocol.
In drawing up the 4tli of thcHU articles the pleidpottMitiaricH of KuNHia recollected
that they proposed to the plenipotentiary of the United States to ar!anH;e the said ar-
ticle in the following terms:
AUT. IV. *'It is, nevertheless, understood that the ships of the two powers, or
which belong to their citizens or subjects, respectively, may mntnally frequent,
without any hindrance whatever the interior seas, gulfs, harbors, and creeks upon
the said coast, for the pnrpo.se of there fishing and trading with the natives of th&
country, lint the reciprocal right granted by this article shall cease, ou both sides,
after a term often years, to be connte<l from the signing of the present convention."
The plenipotentiaries of Russia added that, after agreeing to this arrangement, the
plenipotentiary of the United States had afterwards invited them to change the end-
ing of this very article, and agree to it as it is found signed in the convention, ob.serv-
ing that this second arrangement, more conformable to the letter of the instructions
which he received, is the only one which he thinks himstdf authorized to sign ; but,
moreover, that this arrangement does not essentially alter the sense of that which
had been proposed by the pleni|>otentiaries of Russia, because, at the end of the term
mentioned, the stipulation ceasing equally by the two arrangiMnents, the reciprocal
power of trading granted by that stipulation can not be prolonged beyond the said
term but by mutual agreement.
Under these observations the article in question has been signed, with the moditi-
cation which the plenipotentiary of the United States had demanded to be there in-
troduced.
After which all the other articles were also signed, respectively, and it was resolved
to proceed to the signature of the convention itself ou the lifth following.
Done at St. Petersburg, April 2 (14), I8'.i4.
Hknry Midi>lktox.
Nksselrode.
polktica.
[Inclosuro S in Mr. Midilleton's No. 35.— TrauHlation.]
Protocol of signature of the com^ention.
Tho undersigned, having engaged by thy r>rotocol of their last conference to sign
on t!ie 5th April of the present year the con . ■mtion of which they signed all the
articles, assembled this day at two o'clock in the afternoon, at the hotel inhabited
by Count Nesselrode, and after having duly collated with the said articles the two
copies of the convention which they hati en used to be prepared, they have attached
to both their respective signatures and the seals of their arms.
Done at St. Petersburg, April 5 (17), 1H24.
Hknry Middlkton.
Nessklrooe.
P. POLETIiJA.
[Inclosiire T in Mr. Middleton's No. 35. — Translation.]
The convention.
In the name of the Most Holy and Indivisible Trinity.
The President of the United States of America aud His Majesty, the Emperor of all
the Russias, wishing to cement tho bonds of aiiuty .vlncli unite them, and to secure
SEAL riSHKRir.S IX HKRING SKA.
•221
bftwt'cii tlu'iii tlin iiivarialih' iimintiMiiiiK'tMif ii |»crfe<'t foni-ind, l>y iiii;iiis(>r tliopreS'
«Mit convention, liiivi^ iiiiintMl an llicir pIcnipoffntiaiicM to lliis cUVct, lo wit :
Tlio l'i«!«i(l«'nt of tlu< I'nitfd Htatos of AniKiica, Henry Miilillfton, a <utizi>ii of naid
Htatt'H, an<l tlieir Knvoy Hxtraonlinary anil Minislcr I'leuiiiotcntiary near his Iinpo-
rial Majt'Hty ; ami His Maji'siy tlio Kinperor olall tin- Kiissiai, his heiovt'il and faith-
ful Charles Roliert Count of Nesselroile, actnai I'livy Counsellor, Meniher of tlio
Couneil of State, Secretary of State directiiij; the administration of I'orei^n Atfairn,
actual clianilii'rlain, Knijjht of the Order of St. Alexander N»wsky, (irand (^rosH of
the Onler of St. Wladimir of the tirst class, Kni;>ht <d' that of the White Ivijijle of
Pidand, (irand Cross id' the Order of St, Stephen of llunjjary, Knij^ht of the OrdcPH of
the Holy (Ihost and of St. Michael, an<l (Jrand Cross <>{' the Le^;ioii <d' Honor of Franco,
Knight (Jrand Cross of the Orders of the Hlack and f>f tlie Red Kayle of Prussia, of
the Annunciation of Sardinia, of Charlt^.s III of Spain, of St. Ferdiiuiiid and of Merit
of Naples, of the Klephant of Denmark, of the INdar Star of Sweden, of the Crown
of Wilrtenil)erg, of the (JiudphH of Hanover, of the Helglc Lion, of Fidelity of Hk*I«ii,
und of St. Constantiiie of Parma; .ind Pierre de I'olelica, actual counsellor of state,
Knijiht of the order of St. Anne of the llrst class, uud (irund CroH.s of the ( )rder of St.
Wlailimir of the 8econd :
Who, after having exchanged their full powers, i'ound in good und due form have
agreed upon and signed the following stipulations:
Akt. I. It is agretid that, in any part of the great ocean, coninionly called the Pa-
cilic Oc'CJin or Scuith Si-a, the respectiv(( citizens or siilijects of the high contracting
])0W(^rs sh.'ill he neith(>rdisturhed nor restrained, either in navigation or in fishing, or
in the power of resorting to thecioasts, n]ion points whicli may not already have l>een
occupied, for the i)iir|H)8e of trading with the natives, saving always the restrictionn
iind conditions deferiniiied hy the following artirles:
Akt. II. With a view of preventing the rij^hts of navigation and of fishing exer-
cised upon tli(( great ocean by the citizens and siiliji'(rtH of the high coiitr;i<!tiiig |»ow-
4'rs from liecoiiiiiig tlie pretext for an illicit trade, it is agreed that fhecitizens of the
United Stiit(>s shall not resort to any point when- there is a Russian estaldishment,
without tlie jiermissioM of the governor or coinmatider; and that, reciprocally, the
suh.jectH of Russia shall not resort, without i»ermission, to any estahlishinent of the
United States u\^:ii the iiortlnv(^st coast.
AiiT. HI. It is moreovei agnuMl that, hereafter, iheii^ shall not ho formed hy the cit-
izens of the United States, or under the authority of the said States, any (vstahli;>hment
upon the northwest coast of America, nor in any of the islands acljacent, t() the north
of fifty-four degrees and forty minutes of north latitude; and that, in the same inan-
iior, there shall he none formed hy Russian siibjecls, or under the authority of Russia,
south of the same ])arallel.
AuT. IV. It is, iievertheieHS, nnderstood that during a term of ten years, counting
from the signature of the present convention, the shijis of hoth powers, or which he-
long to tlieir citizens or 8ul»jects, rosjtectively, may recijirooally fre<iuent, without any
hindrance whatever, the interior seas, gnlfs, harhors, and creeks, upon the coms! men-
tioned in the preceding article, for the purpose of iishing and trailing with the natives
of the country.
Akt. V. All spiritnons liquors, fire-arms, other arms, powder, and munitions of war
of every kind, are always excepted from this same commerce permitted hy the [(re-
ceding articde; and the tsvo i)owers engage, reciprocivUy, neither to .sell, nor suil'er
them to be sold, to the natives hy their respective ciiizens and sulijects, nor hy any
person who may be under their authority. It is likewise stipulated that this restric-
tion shall never alford a i)retext, nor be advanced, in any case, to authorize either
search or detention of the vessels, seizure of the merchandise, or, in line, any measures
of constraint whatever towards the merchants or the crews who may carry on this
commerce; the high contracting [lowers reciprocally reserving to themselves to de-
termine upon the penalties to he incurred, and to inflict the punishments in case of
the contravention of this article by their respective citizens or suhjects.
Art. VI. When this convention shall have been duly ratified by the President of
the United States, with the advice and consent of the Senate, on the one jiart, and,
on the other, by His Majesty the Emjieror of all the Ilussias, the ratifications shall be
exchanged at Washington in the space of ten months from the date below, or sooner
if possible.
In faith whereof the respective plenipotentiaries have signed, this convention, and
thereto afHxed the seals of their arms.
Done at St. Petersburg the 17-."} April, of the year of Grace one thousand eight
hundred and twenty-four.
Henky Middlkton. [l. s.]
Le Cointo Ciiaui.es De NK8.SELUODE. [l. s/j
Pierre De Poletica. [l. k,.J
222
si:al fisheries in Bering sea.
No. 174.
Convention between Great liritahi and Rn-'^sia relative to " the commerce,
nor if/at ion, and Jisli cries of their .subjertH on the Pacific Ocean, as well
(IS the limits of their resjwctii'e jfossessions on the northwest coast of
A merica,''^
[Sipnucl iit St. Peternbiirf;, Felirunry ';,", li^'J'i.— Kxtrnct.l
Art. I. If is affroed iW.it Mio respective Kubjectsof the hj;;'li contiact-
'\\\^ parties sliall not be troubled or molested, in any ])art of the oeeaji,
eoinnioidv called the l'aei(i(! Oeean, either in navifj^atinf"; the same, in
fishinjj therein, or in landing; at such i)arts()t' the coast as shall n'>^have
been already occupied, in order to trade with the natives, under theio
strictions and conditii)n8 sjjecitled in the followinjj^ articles.
Art. H. In order to]>revent tln^ rijjht of navi^'ation and flshiuj;, ex-
ercise'l upon the ocean by the siibjecits of the hijjh contractiui; parties,
from becoie'njff the ])ret(^xt ibr an illicit (!oinnier(!e, it is a^jjreed that, the
subjects of Ilis Britannic Majesty shall not laud at any place where
there may be a llussian establishment, without the perinissiou of the
governor or commandant; atid, on tlu^ other hand, the llussiaa subjects
shall not laiul, without i)ermissi()n, at any Ilritish establishment on the
northwest coast.
Art. VI. It is understood that the subjects of His liritannic Majes;y,
from whate>'t'r cpiarter they may arrive, whether from the ocean, or from
the interior of tlu^ (^onti.ieiit, shall forever enjoy the rijj;ht of navifjating
freely, and without any hindrance whatever, all the rivers and streams
wlii(!h, in their (iourse towaids the Pacilic Ocean, may (iross the line of
demarcation upon the line of coast '.iesciilnid in article 3 of the present
convention.
Art. VII. It is alsounderstoo;', that, for the space often years from
the signature of the prescMit coiV-ntion, rhe vessels of the two powers,
or those belonging to tiieir resp.*(!tive sul)jects, shall mutually be at lib-
erty to frequent, without any hindraiu'e whatever, all the inland seas,
the gulfs, havens, and creeks on tluM-oast mentioned in article 3 for the
purpose of iishingaml of trading with the natives.
Art. VIII. The port of Sitka, or Novo Archanfjelsk, shall be open to
the ctMumerce and vessels ol" IJriti.sh subjects fo'* the space of ten years
from the date of the exchange ol' the ratiiicalions of the present conveu-
tion. In the event ot an extension of this term of ten years being
granted to any other power, the like extension shall be granted also to
Great Britain.
Art. IX. The above nuMitioned libeity of c )mmerce shall not apply
to the trade in spirituous li(pn)rs, in fireartns, or other arms, gunpow-
der, or other warlike stores; the high contracting parties reciprocally
engaging not to permit the above mentioned articles to be sold or de-
livered, in any manner wiiatexer, to the natives of the country.
NoTK. — Ry Arlicln Xil (>! the treaty iM'twoen Groat Uritairi iiiul Russia sijjiuMl .fan-
nary 11, I"^4H, it is stilted tliiit "it is uiHlerstodd, tluit in refjanl to eoiniiione u:'d
iiavi;j;ati()n in tlie Russian |>ossl's^i«nlsoll liu* norlliwtist coast of Ameriea, the (;oiiven-
lion cont'lndeii at St. IVtersluirf^, on tlit; I'^th Ecbniary, Id'^if), eontiniies in force."
SEAL FISHERIKS IN HKU'XG SKA.
223
No. 175.
Jianm Krudeuer to Mr. Dicluis.
[TranHliition.]
Washington, .1/^^// 19 (.'51), is;?.").
Tlie midi'isi^iuMl, «MiV(>y extraonliiiiir.v iiiid miiiistcr pU'iiipotciitiiiry
of Ilis Majestv tlic lOmperor of all thv linssias, has tlui Iiuik.i- to address
the followiiiii- (!()inmtii)i(!ati()ii to Mi'. DicUiiis, wlio has (rhar^e »>f the l)e-
piirtnu'iit of J'\)r'oi<>n Itelations during- the absence of the Hecretary of
State.
The eoiiveution eonelnded between liiissia and tln^ United »StateH on
the oth ('7th) of April, l.S'i4,rejinlated various points ri'speetinj; the coni-
ineic<^ and navi{>ation of tic, vessels ol' eaeh nation, alon}j the nortli-
west eoast of America. Tl^e fourrii article of this convention j;rantH to
American vessels for ten .years after the dati* of the si;>natnre thereof
the liinht of frecpientin;;^, without any liindraui e whatever, the interior
seas, quit's, hai'bors, and creeks coniijrised within the limits of the IJns-
sion possessions on the albiesaid coast, and especially northwai'd of 54°
40' of north latitude.
Thi;; jx'riod of ten years expired on the ."ith (17th) of xVpril, 18.54; not-
withstanding;' whi<di two AnuMican eai)tains. Snow and Allen, who were
then in the port of Novo Ar<;hanjj:elsl<, dcclaretl their intention to visit,
the anchoring i>la(;es(»n tluM'oast belon.uin^ to Ifussia, as before, on the
))lea that they had received no notice of the cessation of this privilej^e
from their IJovei'iinient. This declaration indncu'd Cajjlain Ilaron do
Wraiiju'el, j;overnor of the 'Inssian Ameri(*an coloiiies, to state formally
to Captains Snow and Allen, by a circular atidressed to them, under
date of April 27, that by the terms of the (!onvention of Aj)ril, 18'J4,
American vessels had no lonjjer the rij;ht of landinjr at their discretion
at all the lan<lin^ places of the said possessions in America.
In consecpience of what is here exposed, the ministiy of Ilis Majesty
the Emperor of all the Kussias has ordered the undersij^ned to call the
attention of the American Government to the fact that the fourth
article of the treaty of 5th (17th) of April, 18L'4, by which indefinite and
indiscriniinate liberty {une liberte indcfiitie et iiuUxtincte) of freqnentin}?
the respective possessions of each party on the northwest coast was
grunted to tlic vessels of each has expired. The new state of things
brought on by the terms of the treaty, since the expirati<Mi of the said
ten years, not having l)e«Mi suHiciently appreciate*! by the navigators of
the United States, who have latterly frequented tlie Russian posses-
sioPi* on the northwest coast of North America, it appears to be neces-
sary that the American public should bo infoi.ned of the actual state
of the relations on this subject, and the undersigned has been ordered
to invite the G<»vernment of the United States to take the most suitable
measures with regard to it.
The undersigned, vU,., B. Kuudenkr.
No. 170.
• }fr. Dicliins to JUiron Krudcner.
Dei'autmknt of State,
WiiNliiiij/toii, June .'}, 1835.
The undersigned. Acting SeiTetary of State, has the hom)r to acknowl-
edge the receipt of the n(!te addressed to him on the l!>th (.ilst) ultimo, by
A,
224
SEAL FISHERIES IN BERING SEA.
Baron Krudener, envoy extraordinary and minister plenipotentiary of
His Majesty the En.neror of all the Rnssias,, reminding this Government
of the expiration of th? fourth article of the treaty of 5th (17th) April,
1824, between the United States and Russia, which secured to Ameri-
can and Russian vessels the privilege of frequenting the respective pos-
sessions of the two powers on tu.^ northwest coast, and suggesting the
propriety of the adoption of proper measures to notify this fact to the
people of the United States.
The undersigned has the honor to inform Baron Krudener that he will
take an early opportunity to submit his commuLMcation to the President,
and he av^ails, etc.,
AbHURY DiOKINS.
No. 177.
Mr. Forsyth to Baron Krtidener. •
Department of State,
Washington, July 24, 1833.
Sir : J have the honor to inform you that your note of the 19th (31st)
ultimo, calling the attention of this Government to the fact that the
fourth article of tlie convention of April, 1824, between the United
States and Russia had expired by its own limitation during the year
1834, and suggesting the pro})riety of making this event known to the
American public, has been laid before the President for his considera-
tion. As, howe\-er, the motives which led to and rendered expedient
the adoption of that article of the treaty of 18:^4 exist now in equal
force, and as the arrangement iias been found mutually beneficial to the
interests of the citizens ca\d subjects, respectively, of the contracting
parties, without inconvenience to either, I am instructed to apprize you
that the President would prefer not to take any active measures to in-
terrupt the commercial intercourse between the United States and the
Russian settlements on the northwest coast of America, unless, in your
opinion, there is reason to believe that a ])roposition on the part of this
Government for the renewal of the article referred to would not be met
in a favorable spirit by the Government of His Imperial Majesty at St.
Petersburg.
An early answer to this coniinnnication, if you are not aware of any
difficulty on the part of your Government in the way of sucli a negotia-
tion, will enable me, without unnecessary delay, to transmit the rcipiisite
instructions on the subject to the diplomatic represenrative of the United
States in Russia.
I pray yon, sir, to accept, etc.,
John Forsyth.
Xo. 178.
Baron Kriidentr to Mr. Forsyth.
[Translation.! ->
PiliLADELi'iiiA, June 29 {July 11), 1835.
The undersigned, envoy extraordinary and minister plenipotentiary
of His Majesty the Emperor of all the Russias, has received the note of
June 24, which was addressed to him by Mr. Forsyth, Secr»^ii'?y of
SEAL FISHERIES IX BERING SEA.
225
State of the United States. He would have made it a duty to answer
it immediately, had the state of his healtli permitted.
The undersigned regrets that it is entirely out of his power to give
any distinct opinion as to the result which might attend any steps ou
the part of the Cabinet of the United States to engage the Government
of His Imperial Majesty to stipulate a renewal of tlie fourth article of
the treaty of the oth (17th) of April, 1824, which ceased to be in force
last year. It being thus impossible for the undersigned to foresee the in-
tentions of the Emperor, he can only persevere in compliance with the or-
ders transmitted to him by the minifitry, and in repeating the demand
which formed the object of his note of the 10th (31 st) of May. The under-
signed is the inore obliged to comply with this duty, as the instructions
with which he is furnished on this subject are positive, and express no
doubt as to the readiness of the American Government to i)roceed to
the publication requested.
The undersigned, etc.,
B. Krudener.
No. 170.
Mr. Forsyth to Baron Krudener.
Department of State,
^ k Watihinflton, July 21, 1835.
Sir: I have received your note of the 29th June ( 11th July), declining
to express an opinion as to the probable result of an application on the
I)art of this Government to that of His Imperial Majesty for a renewal
of the fourth article of the convention of 1824, between tlie United States
and Russia, and reiterating tlie request contained in your communica-
tion of the 19th (3lst) May last, that the fact of the e .piration of the
term limited in the article referred to should be, in some form, brought
into notice, for the information of the American public. I have, in
answer, the honor to state that a formal notice from the Government
is not deemed necessary. All the citizens of the United States are
bound to know existing laws and their rights and obligations under
exi'^^ting treaties. Still, howt^'er, as His Imperial Majesty's Govern-
Wi,\ has especially invited the attention of this Government to the
^ubjcv', an informal nonce will be given through the public journals
().' i'.u;>u de AVrangel's warning to the captains of American vessels
oii 'Air: fsarthwest coast of this continent.
i ill be very happy to receive from you, as early as practicable,
preci. •• iuforniatlon of the measures ilis Inq)eria'c Majesty's Govern-
ment has ad()[>ted, or proposes to a* i.., in rehit'ou to tlte subject, as
correspomling regulations may be dee'ned necissary.by the United
States in regard to Russian subjects in th'i event: of the non-renewal of
the treaty stipulation.
1 pray you to accept, etc.,
John Forsyth.
S. Ex. 100 15
'^*
226
.SEAL FISHERIES IN BERING SEA.
X(>. ISO.
,r I
Huron Krudener to Mr. Forstyh.
[Ti'iiiiHlatioii. ]
New York, Jul;/ 14 (20), 1835.
The undersiyned, envoy extraordinary and minister plenipotentiary
of His Majesty the Emperor of all the llussias, has had the honor to
receive the uote dated July 21, in which Mr. Forsyth, Secretary of State
of the United States, in rei>ly to his conimnnication of Jnne 20 (July
11), informs him that the Government of the United States intended
to insert in the public newspapers an unoUicial notice of the warning
given by Baron Wrangel to the captains of American vessels on the
northwest coast of this continent respectijig the expiration of the four^^b.
article of the treaty of Ai)ril 5 (.17), 1824; ex])iessing also a desire to
receive from the undersigned, as soon as possible, precise information
with regard to the measures which the Imperial Government has
adopted, or may adopt, on this subject, as corresponding regulations
with regard to Itussian subjects m.iy be considere<l necessary in (;ase the
stipulation of tlie treaty be not renewed. The undersigne«l has without
delay submitted to hi;- ' v^^'nment the said note of the Secr,-rary of
State, and will communi to him the results as soon as they are re-
ceived.
The undersigned, etc.,
B. DK Krudener.
No. 181.
Mr. Forsyth to Mr. WilJcins.
No. 4.] Department of State,
Washmgtony July 30, 1835.
Sir: I tran8fr.it to you, inclosed, the copy of a recent correspondence
with Baron Krudener, the diplomatic representative of His Ma-jesty the
Bmperorof Russia at Washington, regardingthe fourth article of the con-
vention of April, 1824, between the United States and that Empire. It
will be perceived from tlnese papers that the baron has taken occasion
to remind this Government of the expiration of the term limited in that
article, and to request that a notification of this fact may be given for
the information of the American public. An informal notice has been
accordingly published in the Globe of the 22d instant, of Baron de
Wrangel's warning to the ca|)tains of certain American vessels trading
with the Russian settlements on the northwest coast of A merica. It
will also bo seen that, in answer to an inquiry from this Department,
Baron Krudener has declined to expres.i an opinion as to the probable
result of a proposition to His Imperial Majesty's Government for a re-
newal of the art'cle referred to.
It therefore b comes necessary, and you are now authorized by the
President's direction, to enter immediately upon a negotiation with the
Government of His Imperial Majesty, if it should be found willing to
entertain the proposition, for the renewal of thestipulationsof the fourth
article of the convention of the 5th (17th) April, 1824, for an indefinite
period, or, if this can not be had, for a term of years.
SEAL FISHERIES IN KERING SEA.
227
There is reason to believe that the course pursued by rhe Captaia
Baron de Wran^el, jjovernor of the Russian-American colonies, inci-
dentally mentioned in the Baron de Krudener's letter of the 3l8t May
last, has been instifjfated by the Russian- American Fur Company; and
it is not improbable that representations of a character similar to those
made to the jjovernor, and from the same source, have been transmitted
to St. Petersburty. If pn^judices exist of the nature apj)rehended, and
tendin{j to defeat the obje(!t now in view, they will beeasily discoverable
in your intercourse with the Russian minister of foreign aifairs, and
you will take an early opportunity to dis<!redit them by showinj; that
representations growiu*:^ out of private interests are always to be re-
ceived with great caution, and shouhl not be suifered to iuHuence the
decision of a question which may be i)roductive of injury to the citizens
and subjects, respectively, of the contracting part'es.
The motives that ])romi)ted the adoption of the fourth article of the
treaty of 1824 by the parties to that convention exist now in e(|ual if
not superadded force, since it will not be denied that it has been mutu-
ally beneficial to the citizens of both, without being inconvenient to
either. Serious objections on the part of Russia, therefore, to the re-
newal of the stipulations contained in it can hardly be antici|)ated.
Should this reasonable expectation, however, be disappointed, it is the
wish of the President that you should, without unnecessary delay, ob-
tain from His Imperial Majesty's Government precise information in re-
gar«l to the measures a«lopted, or proposed to be adopted, on its part in
relation to the admission of American vessels into the harbors, bays,
and rivers of the Russian settlements on the northwest coast of this
continent, in order that corresponding regulations, if deemed necessary,
may be made by this (lovernment.
I am, etc.,
John Forsyth.
[Inclosure.— Extract from the Globe newspaper of July 22, 1835.]
It will bo rccoUcctefl that a convention was concluded between the United State*
and Russia in April, lrt24, regulating various matters connected witli the commerce
and navigation <»l' tlie two nations on the nortliwest coast of Anieric^a. By the fourth
article it was stiiuiiated that the ships of both nations might, during a term of ten
year.-i, frequent without hinderance the iuti^rior seas, gulfs, harbors, ancf creeks of each
nation ou that coast for the purpose of fishing and trading with the natives of the
country. The ten years expired in April, 1834 ; and we understand that formal notice
has been given by the governor of the Russian colonies to the masters of the Ameri-
can ships then trading there that they could no longer claim, under t*e convention,
the right of lauding at all the landing jtlaces, without distinction, belonging to Rus-
sia on that coast. 'I'hose interested in the trade will not fail to observe that under
the second articleof theconventiou itisnecessary for all American vessels resorting to
any point ou that coast where there is a Russian establishment to obtain the per-
mission of the governor or commander.
No. 182.
Mr. Wilkins to Mr. Forsyth.
No. 14.] Legation of the United States,
St. Vetcrnhurg, November 23, 1835.
Sir: Tu the hist dispatch which I had the honor to address to you,
on the 2Ctb of Sei)tember last, I informed you it was likely you would
228
SEAL FISHElilES IN UEliING SEA.
, , i
not aj?aiii hear from me luitil after the return of the Emperor ami Count
NesselroUe to this ci!i>ital.
His Majesty returned on th*) 1st instant, liaving been preceded a few
days by his minister of foreign affairs.
^, Immediately upon vcceivinff from Count Nesselrode the usual written
notice of his having resumed tlie duties of his ollicial station, I adtlressed
him a note and requested him to name a day when I mifj^ht have the
honor of a pe»'"onal conference. He mentioned the 4th instant. 1 waited
upon him accordinjjly at the foreign otKce, and disclosed to him the
wishes of the American Government in reference to the removal of the
fourth article of the treaty of April, 18li4, and held with him such conver-
sation and i)laced the matter in that light wiiich seemed to me the most
proper and in accordance with my instructions. Upon the close of our
conversation I handed to him, in writing, a memorandum of the proposal
you authorized me to submit. The view in wliicii I placed the matter
and the substance of the conversation will appear (and therefore need
not be more particularly detailed) by refert^nce to the copies of the notes
which 1 addressed to him immediately after the conference, simply
noting two observations which fell from him. * * •
1 have, etc.,
\VM. WlLKINS.
[Incl< sure 1 in Mr. Wilkiiis's No. 14. )
Mr. JVilkina to Count Nesuvbode.
St. Petkusijuug, JS"ovembi-r I (13), 18:5;').
• ■»»#*»«
NotwilliHtaiidii)}? his very rt'oent conversation with Connt NesHelrode in rofercnco
to the proposition ot'tho American Government to renew th<' expired fourth article of
the treaty of April, 1H24, the nndersifi;ned will embrace the present occasion to repeat
M'hat may then have been, in a very brief manner, verbally represented, and to add
a few remarks immediately bearing upon that (inestiou.
The diplomatic representative of His Imperial Majesty at Washington City having
taken occasion to remind the United States of the expiration of the ten years stipu-
lated in the fourth article of the treaty of 18'.i4, and to desire thereon the action of
their Chief Magistrate, is indicative of the necessity that the two Governments should,
as early as convenient, come f a decision upon the policy hereafter to control their
citizens and subjects, vespectively, upon the northwest coast. Hence it is that, under
express instructions, the undersigned had the honor, imme<liately npon the return of
his excellency Count Nesselrode to the capital, to call his attention to the question,
and to submit to him his proposal of October "i^ (November 4), of which the under-
signed delivered at the tinui a memorandum in writing.
The motives which inlluenee the Government of the United States in submitting
that propositimi to the imperial ministry will bo found to arise ov.t jf a consideration
of the following circumstances:
(1) The desire to avoid any diHiculty and apprehension of collision between the in-
biibitants, traders, and fishermen u|)on that wild coast, so remotely situated, but with
very few .ind widely separated posts of civilization, and the entire country almost so
exclusively occui)ied bv savage tribes as to reiuler restraint and proper responsibility
to the law well-nigh out of the cinestion Avith either Government.
(2) The proposed arrangement would render delinite and precise the rights and
duties of the subjects and citizens of the contracting parties respectively, and would
obviate all necessity to resort to a construction of the remaining artielesof the treaty
of Ajtril, 1H24, and would likewise avoid any chance of conllicting interpretations of
that instrument.
(:}) Since the undersigned had the honor, in their personal conference the other day,
to be informed by his excellency Count Nesselrode of the arrangement relative to the
trade and intercourse upon the northwest coast of America subsisting at present be-
tween the Governments of Russia and Great Britain, he has turned to the iirst and
eleventh articles of the commercial treaty of the (ith ( 18th) of December, 18U2, between
Russia and the United States, and begs leav to call the attention of the imperial
minister to the same articles, who will, upon their perusal, see for himself how far
. heir provisious bear upon the present subject, and whether they may not give rise
SKAL FI.SHKRIKS IN DEKIXG SKA.
229
to an iiifniiry which may he ronilered uniioccssary hy iin ac(iniescenco in th»* proposed
ari;nij;tMiient.
(4) Totichiiig the i>H])t'(iiil iiiatti'v in i{ii(>sti(iii, the jirojjosed arraiiKP'iieiit woiihl, it
is believed, ])lac<i tlie tliree nations — Russia, England, and tlie United States — upon
the same fair footing and epon the same eciuality in the enjoyment of a community
of priviie<;;<'s.
lu the jtersonal interview of the 4th instant (N. S.)) his excellency Count Nesselrode
mentitined two cinuimstancs, to which the nndersij;ned will now refer for a numient.
One was the ohjection enter ained hy the Imperial Guvernmeiit to all traHic in fire-
arniN and spirituous li(|m) s, hy American citizens, with the native Indians. To this
the nndersii;n» (I now replies, as ho <iid then very succinctly, thut it is bt-lieved the
treaty of 18'^4, contaiiiiu};, a stipulation afi;ainst that trathc, immediately ])nt an end
to it ; that there liave htieu no infractions since its a(h)i>tion — certainly none com-
plained of in rei)resentations to th<i Government at Washington ; that, as a further
assurance aj^aiust infrinnements upon that hunuine stii)rlation, and as an evidence
of the sincere desire of his Government to enforce it, the iindersifiined, immediately
after their conference, ii'closed to his excellency a cojiy of a law passed hy Congress
declarinij certain ])roseeutions and penalties aj^aiiist those who should otJend a^^ainst
that ])rovision of the treaty. And the undersigned will, on this point, content him-
self by adding that the above traffic is now discountenanced and prohibited by the
present well known and benevolent course of policy pursued by the American Gov-
ernnieut towards the wild and uncultivated aborigines of the country.
The other circumstance mentioned by his excellency was that, as the Russian
American Fur Company were particularly interested in the decision of the question,
he conceived it to be his dnty to cousult its directors before he could give a iiual
answer.
It is not often that those who enjoy a nmnopoly under a liberal grant from an indul-
gent sovereign will be willing even to modify, or permit others to |iarticipate in, any
portion of their privileges. But, in the present instance, it nnist be recollected that
»'ieh a concession is not embraced in the proposition submitted without a fair equiva-
lent; for the privilege to tish and ti'afflc north and south of the latitude of 54° 40'
would rest upon the just principles of reciprocity.
Whether any prejudicesfir individual interests exist having a tendency to disincline
His Imperial Majesty to assent to a renewal of the expired article of t)io treaty of
1824, or how far such prejudices or interests, if they do manifest themselves on the
part of individual gentlemen of the first respectability, ought to inlluence the action
of Governments upon a question of general im])ort and etfecting national and amica-
bla intercourse, is not for the undersigned alone to determine. It is enough for him
to know that the views in 1824, which produced the provision contained in the fourth
article, have been tested by experience, and the results being mutually beneficial and
convenient prove their pro|)riety.
To justify the presumption that the annual visits of American ships in the prosecu-
tion of their adventures upon the northwest coast are sometimes very convenient and
must bo beneficial to the Russian settlements and ])ortB in that distant and not pro-
ductive climate, the undersigned takes leave to refer to a contract made within a
few days by the Russian American Fur Company with au American citizen for sup-
plies to their agents and ports for the ensuing year.
Should the undersigned, however, be disappointed in the reasonable expectation
he has formed, and the Imperial Government be unwilling to entertain the proposal
to renew, either indefinitely or for anotherterm of years, the provisions of the article
of the treaty referred to, he requests that his exeellency'Count Nesselrode will do hira
the favor to inform hira in regard to the measures adopted, or propose<l to be adopted,
on the part of Russia in relation to the adnnssiou of American vessels into the har-
bors, bays, and rivers of the Russian settlements on the northwest coast of the
American continent. The happy understanding which jirevails between the two
Governments, the desire to avoid any casual difference, and the probable necessity for
corresponding measures, will readily indicate the motives which prompt this request.
The undersigned can not close this note without repeating, very earnestly, his wish
to be ])ut in possession of the answer of the imperial nuuistry upon the two subjects
to whicli their attention is directed.
The undersigned, etc.,
W.M. Wii.::tn8.
[Tnclosure 2 in Mr. "Wilkins's No. 14. — Tiiiuslntion.]
Count Nvsselrode to Mr. ff'iJkina.
St. 1'ktkusijurg, Xovemher 8, IHSf).
The undersigned, as he had the honor to announce, did not fail to submit to the de-
partment of finance the subject of the memorandum addressed to him on the 2nd
230
SEAL FISHERIES IN HEKING SEA.
OctoLer (4tli Noveiiilicii) hy Mr. Wilkiiis, envoy extnioi<liiijiry anil minister plenipo-
tentiary of tlio United States of America, reMpecting tlie renewal of the fourtli article
of tbe treaty of April, 1824.
The nndersiKiiod, uh soon as he has obtained the opinion of the proper authorities
and received the orders of the Emperor, will immediately eommunicatt) to Mr. Wilkins
the ]>oint of view nnder which the )>ro))08ition of his Govt^nment is rejjanhid here.
He, however, reipiests Mr. Wilkins to hear in mind that the Ini]>erial (iovernment,
in examining this proposition, will lose sight of none of those considerations which
Hbould iixlnce it more strongly to cement the amicable relations now existing between
the two Governments,
Contenting himself for the present with this answer to tho note of Mr. Wilkins of
the Ist (llUh) of November, the nndersigued seizes, etc.,
Nessklijodk.
Xo. isa.
No. IG.J
Mr. Wilkins to Mr. Forsyth.
Legation oi' the IInited States,
)St. retersburu, December 11, J8;>."i.
Siu: As I anticipated, when I last \vrot«^, I liclil with Count Nessel-
rode, at tlie loreij;n ollice, on ^londay last, the 7th instant, a i)ersonal
conffcieuee upon niy proposition to renew, either indeliuitely or for a term
of years, the fourth article of the treaty of Ai)ri], 18U4, and I regret to be
contpelled to say that, in this efiort, at all events for the ])resent, I have
been unsuccessful ; and I presume the overture will be tiiniUy altogether
rejecte«l, unless some new and, to me, unfoi e^een circumstances turn up.
1 was well aware that I should have to encounter the decide<l oppo-
sition of the Russian American Fur Company ; and in presenting the
subject to the vice-chancellor in the various lights in which it struck
my mind, I took the ground that it was not a mere interested and seltisU
question of gain in the traffic upon the northwest coast, but one of a
higher character, involving political and national considerations; that
whilst I was very willing ai admit the more ai'tive commercial enter-
prise amf superior shipping of the citizens of the United States, yet this
was a question not to be decided by such circumstances, but should turn
upon the consideration of our national good will and our amicable and
disinterested reciprocal intercourse. * * •
Inasmuch as it seemed to me, by the language of your instructions,
that you ])referred an indetinite revival of the fourth article, I drew up,
to that effect, the form of a treaty, following, as a ])recedent, the arti-
cles of our convention with England of the Oth of August, 1827;
which I submitted to, and, at his desire, left in the po-ssessiou of
Count Xes.'-elrode. A copy is herewith transmitted.
At the c'ose of the conference, I requested Count Nesselrode to give
me his reply in writing. He acquiesced, and accordingly sent me his
oflicial not 3, dated on the 28th ultimo (old style), and a copy of which
I have also the honor to inclose to you.
During our conference, I did not feel myself authorized to call the
attention of the Imi)erial minister to what might, or i)rol)ably would
be, the construction by the United States upon the treaty, with the
fourth article extinct; nor what rule of the law of nations would be
considered as applicable to the case, and controlling the trade upon a
wild 'and extensive American coast, of a great and open ocean, and
still, with the exception of a very few posts at a vast distance from
8I:AL fisheries in BERING SEA.
231
each other, in the rightful occupancy of the natives, and to which, I
believe, the sovereignty of llussia has not yet, in any treaty or con-
vention, been admitted.
I found, also, upon turning to the treaty of 1825, between Kuaaia and
Great Britain, subsequent to writing my note of the Ist (Kith) of last
month to Count Nesselrode, that my reference therein to the tirat and
eleventh articles of our treaty of the 6th (18th) December, lh32, with
this country had no bearing upon and was inapplicable to tlie (juestion
I was then discussing; because the stipulations in their treaty with
Great Britain, similar to that contained in our fourth article, were like-
wise limited to ten years, and had expired in February last. At the
interview on JNIonday last I gave this ex])lanation to Count Nesselrode,
who answered my observations by saying that England had not yet ap-
plied for a revival of th'e mutual privilege, and if it should besjgreed to
with that ])ower, would, of course, and of right by treaty stipulation, be
immediatelj' given to the United States.
I am informed that our vessels generally trade between latitudes 50^
and 57°, and, occasionally, go still further tiorth. The English are al-
ways to be found on the coast, have trading-posts established along it,
some of whi(;h are south of latitude 54° 40'.
The principal establishments of the Russians are called Sitka and
New Archangel, towns situated upon adja(!ent islands of their respective
names, oft' Norfolk Sound, and in latitude 57° north. Archangel is their
chief place, wliere they keej) up a garriso'i, established in 1800, of about
seven hundred men. They have other trading-posts, and two or three
small garrisons between Behring's Straits and Sitka. In the winter sea-
son, when their people are all collected at the posts upon the coast, they
amount to about two thousand. They now build vessels upon the coast,
and are increasing the number. Last year they had four or five ships
of a burden from 175 to 250 tons, and seven or eight sloops, or smaller
vessels, of about 100 tons each.
I have, etc.,
William Wilkins.
[Inclosnie 1 in Mr. Willtins'a No. 16.] '
Draft of a convention renewing indefinitely the fourth article of the treatfi of the i\th (l7tA)
of April, 1824, between the United States of America and the Jimperor of all the Ilusniaa.
Art. I. The proviHions of tlie fonrtli article of t.lie convention, coiujlnded l)t!twoon
the United States of America anil Hi^sliiipeiial Majesty the Emperor of all the llnsaias,
on the nth (I7th) of April, I8'i4, shall he, and they are hereby, rciieweil and indefi-
nitely extended and continued in force in the same manner as if all the provisioua of
the said articie were herein si)ocially recited.
Akt. II. It shall be competent, however, to either ftf the hi;?h contracting parties,
in case either should think lit, at any time after the 1st day of January, 18:57, on giv-
ing flue notice of twelve months to the other party, to annul and abrogate this con-
vention, and it shall, in such case, he accordingly entirely annulled and abrogated,
after the exi)iration of the said term of notice.
Akt. III. Nothing herein contained shall be construed to impair, or in any manner
affect, further than is expressly declared above, any of the provisions or stipulations
contained in the aforesaid convention of the 5th (I7th) of April, 1824.
IF^
, -I
232 SEAL FISHERIES IN BERING SEA.
[IiiclOHuro 2 ill Mr. WilkiuH'H No. 16.— Translation.]
Count NeHsehodc to Mr, Jf'ilkins.
St. PKTKU8BUKG, November 2H, 1835,
The Iiiiiu'iial Govcmnu^iit having taken intnconHiderjitiot] the i)ro]>oHition made by
that o) tli(^ United Stiites, to renovv the fourth article of the couveutiou of 5th (17th)
of April, 18:i4, has been convinced that it was irnposHiblo to pronounce upon that Hnb-
ject lint il information had been received from the jihices where the said article would
be enforced, snfticient to authori/.e an opinion upon the propriety of such a meaHure.
The Iini)erial Government can not, however, expect to receive such information until
towards next Hprin^, when it may be obtained irom Mome of itu othcers, whom a Ion;;
residence on the northwest coast of America has enabled to become well acquainted
with the interests and wants of the Russiau establishments in those countries, aslwell
as the intlnenco already exercised upon their prosperity by the provisions of the^said
fourth article.
.•
Nksselrodb.
No. 184.
M^r. Forsyth to Mr. Dallas.
No. 3.J Department of State,
Washington^ May 4, 1837.
Sir: I regret to liave occasion so soon again to atlvert to a subject
connected with the claims of the United States to the right of trading
with the natives of the country, and of fishing on the northwest coast
of this continent. You will i)erceive from a perusal of the accompany-
ing pa])ers that the expiration of the fourth article of the convention of
1824 with Russia is not unlikely to be attended with ditliculties to our
citizens frequenting that coast in pur.suit of lawful objects. The lead-
ing fentures of the case, to which your attention is now invited (the
particulars of which are more fully detailed \\\ the inclosed co])y of a
letter dated 24th November last, from J. (J. Jones, consul of the United
States at the Sandwich Islands, to this Department, and of the i)rotest
to which it refers), are as follows: *
The American brig Loriot, Bliun, master, s:iiled from the Port of Oahu
on the 22d of August last, bound to the northwest coast of America,
for the purpose of procuring i)rovisions, and also Indians to hunt for
sea otter on the said coast. It a))pears that she made the land called
Forrester's Island on the 14th of Septeniber following, and on the 15th
anchored in the harbor of Tuckessan, latitude 54° 55' north, and longi-
tude 132° 30' west; that on the 18th a Russian armed brig arrived in the
harbor of Tateskey, latitude 54° 45' north, and longitude 132^55' west;
that on the succeeding day the Loriot was boarded by officers from the
Russian brig, Avho orderetl the captain of the American vessel to leave
the dominions of His Majesty the Emperor of Russia; that Captain
Blinn then repaired on board the Russian brig, where the same orders
were repeated to him by the commander; that on the 20th and 23d
days of the same month these orders were reiterated ; that on the 25th
the Loriot was boarded by two armed boats from the Russian brig, and
directed to get under weigh and proceed to the harbor of Tateskey;
that on the 27th the armed lioats again boarded the American brig, and
compelled the cai)tain to proceed to Tateskey : that when oft" that place,
* For these papers see Senate Document 1, 25th Couj^ress, 3d session.
SKAL FISHEKIKS IN HKlilNO SEA.
233
the woiitluT lu'inj;' *tliieiit<Miin{i, iH'rmission was askt'd of the IliisHian
comiiiaiuU'r to enter the haihur with tlie Loriot, \\\\'n:\\ ie<|uest was de-
nied, and ('aptaiii lilitin was ajiaiii or(hMed t«) leave tlie waters of Mis
Iinjierial Majesty; and that Captain IJlinn, bein^ prevented troni pro-
curing; hUi>plies or necessaries I'or Ids vessel and from obtaining any
Indians (lor the i)urpose of huntin}>" sea- otter), was finally oblijjed to
abandon his voyajje and retnrn to the Sandwich Islands, where ho ar-
rived on the 1st of November of the same year.
Tlie harbors desi^nate<l in Captain Jilinn's ])rotest by the names of
Tuckessan and Tateskey are not laiil down on any maj» to which 1 have
referred, and the Departnient has no knowledjje of any Kussian estab-
lishments having been formed on the northwest coast or adjacent
islands, ifi or about the latitude given for these places. It will, there-
fore, be proper to ascertain whether there are, in fact, Russian settle-
ments at the points designated, and, if so, you are anthorized to make
a representation ot the whole subject to His Imperial Majesty's Govern-
ment, complaining of the proceedings in relation to the Lorioty which
are supposed to have been unauthorizedly instigated by the KussiaD
American Fur Company, and stating that the President can not but re-
gard this act as one of a most unfriendly character, as the United
States have had no ofticial or other notice of the existence of such es-
tablishments, and have not. although an application has long since been
made for them, ever been furnished by the Uussian Governnient with
the regulations, consequent on the exjuration of the fourth article of
the convention, proposed to be ajtidied to American vessels resorting
to Russian settlements on that coast.
On the other hand, should there prove to be no Russian establish-
ments at the places nientioned, this outrage on the Loriof assumes a
still graver asi)ect. It is a violation of ihe right of t!ie citizens of the
United States, immemorially exercised, and secMired to theni as well by
the law of nations as by the stipulations ol' the first article of the con-
veutiuu of 18L'4, to tish in those seas, and to n-sort to the (roast, for the
prosecution of their lawMd (!on)mer(!e uiK»n points not alrea«ly occupied.
As such, it is the Presiih'ut's wish that yt)u sliould remonstrate, in an
earnest but respectful tone, against this groundless assumption of the
Russian Fur Compaiiy, an<l claim from His lrn])erial Majesty's Govern-
ment for the owners of the brig Lor lot, lor their losses and for the
damages they have sustaiju^l, such indemnitication as may, on an in-
vestigation of the case, be found to be justly due to them.
I am, etc.,
John Forsyth.
No. 185.
Mr. Dallas to Mr. Forsyth.
No. G.J American Legation,
St. Petersburg, August 10, 1837.
SiB: • • * Among the special duties assigned to me in the in-
structions from the Department are those relating to the renewal of the
fourth article of the treaty of 1824, by your dispatch No. 2, and those
arrising out of the case of the American brig Loriot, Richard I). Blinn
master, by your dispatch No. 3. 1 have been anxious to address my-
self to the imperial ministry on both these topics, the mutual connec-
234
SEAL FI8HERn:8 IN IlKRING SEA.
tioii of wliioli is appaiviit; but aiificiipiitiri}; at the oiitHcit nuich difticulty
in nccomplisliin^ any jmrpose opposed by tlio fur company, ])i'ii(U;nce
imiHils mo to at'(|uire, if i)oH8ibIy, with moio accuracy tiuin I now pos-
sess it, information as to tiio ♦•xtcnt of the Uussian establishments on
the northwestern coast, and the periods of their respective commence-
ments. My ett'orts in Ijon«lon to a.scertain tlie ])()sitions of the two liar-
bors referred to by Captain JJlinn, Tuciiessan atul Tateskey, and tlieir
real character, were abortive, the j;eo};ra|)lier on whom I principally
relied writing to me, the evening; before I left the Jiritish metropolis,
that his searches proved unproductive. An incpury, to be cautiously
conducted, has been set on foot since my arrival iiere, in the hope that
some of the otticers of the Russian navy, or some communicative mem-
ber of the fur comj)any itself, may possess the facts I want, and may
enable me to move with less doubt atid less danj^er of mistake. Al-
though from the language of Captain Blinn's protest I am led to
believe that rissi.cU establishments have been made at the ])laces
where he experianced the interference of which he con»plains, it would
not seem i)oliti« to begin the negotiation by an admission which, though
it might leave he nnfriendliness of the proceeding for comment, must
weaken, if not wholly destroy, his claim for redress. As soon as the
incpiiry instituted shall either succeed or fail, the snl)iect will be t>i)ened
to Count Nesselrode, and 1 can not anticipate more than one or two
weeks of additional delay.
Permit me, while on this to]>ic, to remark that I can not ludp fore-
seeing some |)erplexity from the construction which will be urged l>y
the Itussian ministry lor the treaty of April 17, ISL't. The first article
asserts for both countries general and permanent rights of navigation,
fishing, and trading with the natives upon points not occupied by
either, north or south of the agreetl parallel of latitude, sul>jt'Ct
enumerated restrictions, among which is the fourth article, limit
as it would seem, the exercise ot certain of ihese very rights to at.
often years. Our negotiator, Mr. Middleton, as heexplaine«i in a sub-
sequent di8i)atch to the Dejiartment of State, contemplated no abandon-
ment of their rights either in principle or as a compromise, in thi^ pres-
ent or future time, but on the contrary repelled a clause proposed to
bim expressly for that purpose, and regarded the fourth article as en-
larging, not restricting, the privileges provided for in the first. My
conviction, however, arisii/jg from the language of the Russian precau-
tionary" re<*,ord or protocol (which Mr. Middleton rather avoided than
rejected), is that Count Nesselrode will deem himst If and Mr. Poletica
to have attained by this fourth article, though with the use of other
words, the substance of the clause to which Mr. iMiddleton objected,
and that lie will consider both Governments to have buried all con-
troversy about the rigi»ts inci<lent to the prior discovery of savage and
unoccupied lands, and to have consented that, at the expiration of the
ten years, the United States should bo esteemed to possess in full do-
main the coast and islands to the south, and Russia the coast and
islands to the north, of 54° 40' north latitude.
He may ask, and with some plausibility, with what other object the
fourth article was framed ? It uses no phraseology tantamount to "es-
tablishments" or "settlements," or "jioints already occupied ;" but pro-
tects from any hindrance for ten years only the power to frequent the
interior seas, gulfs, harbors, and creeks upon the coast, for the purpose
of fishing and trading with the natives — a power already duly enunci-
ated without iiniit of time, for both countries, by the first article; and,
if it was not intended njutually to yield the power in relation to the
SKAL FISIIKKIES JN liEKING SKA.
235
sections divided l»y tlu^ i»aiall«'l of latitude at tlio expiration of the
term, why di«tnrb tlie operation of tlie lir.st article at all '! A closer
anal.v.si8 of the negotiation of 18li4 may |)oMsil)ly «liHpel these snjjp'Mtions ;
or it will fjive me i)leasure to (ind my apprehensions removed by the
candor of the vice-cluincellor ; and, at all events, I shall nev'er accpiiesco,
until instrncted t») do so by yon, in :i construction so opj)osite to the in-
tentions of ]\Ir. Middleton, and so conclusive as to all further claim of
the United States.
• *•••••
1 have, etc.,
G. M. Dallas.
No. 180.
Mr. DaUuH to Mr. Forsyth.
No. 7.]
American Legation,
St. retertilmrff, Septcinlnr ^, ix.'lT.
Sir: Since my last, dated the l(»th of Anjiust, 1837, and sent by the
courier of the Enjilish lej-ation, 1 have aihiressed to (omit ^scsselrode
the communication of which a co]iy is annexed.
• . « • * « « *
1 have, etc.,
G. M. Dallas.
I IiuloMun' in Mr. Diilliis'.t No. 7. ]
Mr. Ddllax to Count yt's8clro(le.
Amkuican Lkgation, Auijust L'» (-^7), is:i7.
The niidersifiiU'd, envoy extraordinary and niinistor plt-nipotentiary of the ITnited
States of America, has tlie lionor very respectfully to invite the attention of hisex-
celleucj the viee-chiineellor of the Empire to the following snhject, specially given
to him in charge as calling for an early submissiou to the consideration of the Im-
perial Government.
It will doubtless be reniomhered that l)y the perpetual conventioii of the 5th (17th)
of April, 1824, signed by his excellency Count Nesselrode an<l Mr. Polelica on behalf
of Russia, and l)y Mr. Henry Middleton on behalf of the United States, it was agreed
thatiu any p.art of the gre.at ocean commonlv called the Pacilic Ocean, or South Sea,
the respective citizens or subjects of the high contracting powers should bo nc^ither
disturbed nor restrained, either in navigation or in fishing, or in the jxiwer of resort-
ing to the coasts, upon points which may not already have been occupied, for the pur-
pose of trading with the natives ; that, to prcivent the rights of navigation and if
fishing, exercised upon the great ocean, from liecoming the pretext for an illicit
trade, the citizens or subjects of either country >*lioiil(l not resort, without permission,
to any establishinent of the other; and that there should not be formed to the north
of r)4° 40' of north latitude by the citizens of the I'nited States, nor south of that
j)arallel by Russian subjects, any establishment ujioii the northwest coast of America.
It was declared by the fourth article to be understood that during a term of ten years,
counting from the signature of the convention, the sliijis of both countries respect-
ively might reciprocally frequent, without any liindriince whatever, t'le interior seas,
gulfi, harbors, and crooks upon the said coast, for the purpose of fishing and trading
with the natives.
The permanent powers to navigate, to fish, and to resort to the coasts npon unoc-
cupied points, in order to trade with the natives, thus mutually recognized in a spirit
of forecasting friendship, which removes, by explicit assurances, every jiossible cause
of collision or jealousy, and has always characterized the relations and intercourse
of the two governments, would seem to be unequivocally distinct and precise. It is
to a vague and perverted condition of things, consequent, in a great degree, upon the
expiratiou of the temporary provision of tlie fourth article, much rather than to any
.
J
23G
.SEAL FISHERIES IN BERING SEA.
iniinicnl iiiitioniil policy, tluit the 'iii'lcrsii^iHMl iin|)\it<'s tlio iiici<l(Mii, so (Intriiiioutal
to tlic iiiltTi'Hl ol' an Aiiiciican cit;;:. ii and so incdMipatililu with the rii^hts ol" liiw coun-
try, wliich is now subniittcfl to tlio just and cundiil consideration of his excelloucy
Count NrsNi'lrodc.
[Hi'io followH a statt'inont of th<> oaso of tho Loriot, suhstantially the sanie as that
given aliovd in Mr. Forsyth's instructions of May 4, 18:57.]
Tilt' nn<h'rsi)j;ncd is nnwillin<f to make to his excellnne.\ Count ^ ssclrodo the re-
marks naturally suj^gested by this brief statenit^nt of facts (wiiose aiithenlicity ho
can not iloubt), until every ri'at.onable am! just opportunity shall have hoo.u jjiveu to
the Russian otlif^ers implicatcMl to temper, if possible, their harshness by explanation.
His tlrm conlidence in the tlispositi'^ns Heretofore (expressed ami Muinifested towards
his country precludes his HUi)i)osin}^, for on«! moment, that a proceeding so unfriendly
in its nature and cireuiubtaiu'es, and so iiu;onsistent with the rij^hts of Amerjcau
citizens, inuneinorially exercised aiul smu ed by the laws of nations, th well as by
the stipulations of the first article of the treaty of 18*24, was authorized by His Im-
perial Alajesty's Government, or can recseive itw sanction.
Nevi'ttheless, it is made the duty of the undersigned earnestly and most respect-
fully to remonstrate against such au unwarranteil aggression by persons enjoying
the character and using the nunins of agents in the Russian service, and to claim, as
he now »loes, from His Imperial Majesty's Government, for th«i losses and damages
Hustained by the owners of the brig Loriot, such indeninilicatiou as may, on an in-
vestigation of the case, be found justly their dm*.
In the sincere hope that an early and happy adjustment of this business may arrest
its tendency to excite unkindness of feeling between the citizens and subjects of the
two coui»tries, the undersigned avails, etc.,
G. M. Dallas.
No. 187.
Mr. Forsyth to Mr. Dallas.
jS^o. 4.) Department of State,
Washington, Xovemher 3, 1837.
Sir : You tlispatche.s, Nos. 6 and 7, of tl'e l(»th of August aud 8tb of
SepttMiiber, re>q)ectively, have been duly received and submitted to the
President, by whom I am directed to make the following observations,
with reference to your remarks regarding the i>ioper construction of the
convehtionof April, iSi;i, between the cJniced States andliussia.
The first article of that instrument is o'dy declaratory of a right
which tho parties to it po.ssessed, under the law of nations, without
coDveniional stipulations, to wit, to navigate and fish in tlie ocean
upon an unoccupied coast, and to resort to such coast for the purpoco
of trading with the natives.
The second article ])rohibits the one party from resorting to points
occupied by the other without permission.
Tiie third article prevents each party from occupying new points
within certain limits.
The fourth article grants permission to either p.arty to frequent, for a
specilied term, the interior seas, gidfs, harbors, and creeks upon the
whole northwest coast of Amerit i, without regard to limits or occupa-
tion, for the purpose of fishing jiiid of trading with the natives of the
oouiitry.
TIu' question is as to tho uM'aning and object of this last-mentioned
article. Is it to be interpreted as an agreement by either of the parties
to abandon, after a specified term, the right to resort to any part of the
coast which is unoccupied?
If tlu^ fourth arti<;le is to be considered as n]>plicable to ports of the
coasc unoccupied, then it merely provitles for tlie temporary enj«>ymeut
SEAL FISllEKIES IN BERING SEA.
237
of a i)rivile{;e which existed in i)er])etuity, under the law of nations, and
which has been expressly declared so to exist by a ]>revions snlicle of
the convention. Containing' no ])rovision,therclore, not embraiu'd in the
precedint; article, it would Ik» useless, and of no etiect. lint the ruU in
regard to the construction of an instrument, of whatever kro.i, is, that
it shall be so construed, ii" jiossible, as that every i)art may frtand.
If tlie a? tide be construed to include jjointsof the coast :ilready occu-
I)ied, it then takes eflect, thus far, as a temporary excei)ti()n to a per-
petual ]»rohibitioij, and the only co'sequence of an expiration of the
term to which it is limited would be the immediate and continued oper-
ation of tiio prohibition.
It is still more reasonable to understand it, however, as intended to
grant permission to enter interior bays, etc., at the montls of which
there niijjht be establishments, or the slio.es of whicli mi{jht be in part,
but not wholly, occui)ied by such estabiishmei.ts, tluis j>rovi<liiij; for a
case which would otherwise admit of doubt as without the fourth arti-
cle it would be (piestionable whether the bays, etc., ilesciibed in it be-
longed to the tirst or secoml article.
In iio sense can it be understood as implying an ackn<)wle<lgnKjt on
the part of the United States of the right of Russia to tlie possession of
the cjast above the latitude of 54° 40' north. It must be taken in con-
nection with the other articles of the convention, which have, in fact,
no referenc/^ whatever to the «|uestion of the right of i)ossession of the
unoccupied parts of the coast. In a spirit of compro»Mise,.and to pre-
vent futur«i collisions or difficulties, it was agreed that no new esuib-
lishmetits should be formed by the respective parties to the n<irth ot
south of a certain i)arallel of latitude, alter the conclusion .A' the agree-
ment; but tlie question of the right of possession beyond the existing
establishments, as it subsistetl jireviously to, or at the time of, the con-
clusion of the convention, v*as left un»ouched. The Uruted States, in
agreeing not to form new establishment to the north of latitude 54"^ 40'
north, made no acknowledgment of the right of Russia to the territory
above liiat line. If such an admission had been made, Russia, by the
mvAc. construction of the article referred to, must have acknowledged
the right of the United Btates to the territory south of the designated
line. But that Russia did not so understand the article is conclusively
proved by her having entered into;< similar agreement (ISL'o) with Great
Britain ; and having, in fact, acknowledged in that instrument the right
of possession of the same territory by Great Britain. The United States
can only be considered as acknowleilging the right of Russia to ac(piire,
by actual occni)ation, a just cli?im to iinoccupietl lands above the lati-
tude 540 40' nor'h, an«l even thi> is mere matter of inference, as the con-
vention of 1824 contains notlrng more than a negation of the right of
the United States to occupy new ])oiuts within that limit.
Admitting that this inference is just, and was iti contemplation of the
parties to the convention, it <'an not follow that he United States ever
inteuiled to abandon the just right aeknowled; ',mI by the first article to
belong to them under the law «)f nations — to frecpient any part of the
unoccupied coast of North Americsi for the purimse of lishing or trading
with the natives. All that thecona'ution admits w, an inferemie of the
right of Hussia to acquire jmssession by settlement north of 54'^ 40'
north. Until that actual possession is taken, the first article of the con-
vention acknowledges the right of the United States to flsh ami trade
as prior to its negotiation. This is not oidy the just construction, but
it is the o;te both parties are interested in putting upon the instrument,
238
8EAL FISHERIES IN BERING SEA.
as the benefits are equal and mutual, and the object of the convention,
to avoid converting the exercise of a common right into a dispute about
exclusive privilege, is secured by it.
I am, etc.,
John Forsyth.
. , 1
Xo. 188.
Mr. Dallas to Mr. Foray tit.
JS'o. 1").] Legation of the United States of America,
iSt. Feternburg, March 19, 1838.
Sill : The departure of a courier from the Jiritish legation to morrow
enables me to forward to you coi)ies of two notes which have recently
passed between Count Nesselrode and myself. They originate in the
claiin advanced on behalf of tiie owners of tlie Loriot, agreeably to
your instructions of the 4th of May, 1837. Their interest, however, is
far more extensive, the «' ; land for i)rivate indemnity being merged
in a question of nation right, an«i the interpretation of the treaty
negotiated in 1821 by my predecessor, Mr. IMiddleton.
I have, etc.,
G. M. Dallas.
Ilnclnaiirn 1 in Mr. DalliiH'a No. 15. — Translation.]
Count X(88tli'ode to Mr, Dallas.
St. Pftkr-shukg, February 23, 1838.
Mr. Dallas, envoy extrnonliiiary and minister plenipotentiary of the United StateB
of America, t)y liis note of the l.'>th (27th) of Aiijiust last, lias thonfjht proper to inter-
pose in behalf of the claims jtriferred Ity Richard Blinn, a citizen of the United
States, and master of the merchant brijj Loriot. It appears from the above-mentioned
note that in I.S3() this vessel, iiavini; sailed for the nortliwest coast of Aiuericti, ar-
rived at Forrester's Island in latitude of 54'^ 55' north, with the intention of omploy-
in;jc the natives in hnntinfj for sea-otters, and that a few days after his arrival he was
ordered off by a brij^ of the Iiussian-America!i Company, withont havinj; been able
to pursue his project. Mr. HUnn, in virtue of tin* stipnhitions of the convention of
the fjtli ( I7tii) of April, \f*:'i\, and especially of the first article of that (lonvention, now
prcf(«rs complaints against tiie <;oudu<'t id' the Russian bri^ towards him, and asks in-
demnitication for tht^ losses sustained in (!<)nsei|uence l>y the i)ri»j>rietor8 of the Loriot.
A claim of this nature, preswuted, too, by fie reprHseutative of a power with which
Russia is anxious to cultivate the most frii-iidly rclatious, deiuanded the most serioui)
attention on the i>art of the Imperial ministry. T'.ie Russian-American Co»npany
was accordingly asked, without <lflay, lor minute int'orniation rfsjiectiuK all the cir-
cnraslances connected with the above-mentioned facts, in order tliat it mif^ht be ex-
amined with an entire knowledge of the all'air. This information has not yet reached
the Imperial ministry, i.s the Kussiau-American i'ompauy has not to this moment re-
ceived any special rei>ort conceruiujx the ordering off of the Lr,;'i<!t, It a|»i>ear8, how-
ever, from t'le circumstances as stated in the very note of Mr. Dallas, as well as i.-om
a deposition made by one of the olHcers recently returnee', frotn those countries. Msat
in notifyinjj; Mr. Richard HIinn to (piit the shores whe.e he was, the coiuMiuider of
the Russian bri^ did nothing; intire than c nform with the itistructions ^iven to him
at the expiration «f tlm fourth artit e of the convention.
By examiniifj tlm stipulati()ns of that (^invention, with the spirit of eipiity which
marks the character of Mr. Dallas, he will be convinced that the Imperial Govern-
ment can not acknowledjj* the Justice of the complaints of Mr. Blinn.
It is true, indeed, the first article of the convention of lHv>l,to whi<!h the proprie-
tors oft lie Loriot ai)peal, securt>s to the citizens of the Uniti'd States entire liberty of
navigation in the Pacific Ocean, as well us the right (d' landing withtmt disturbance
SEAL FISHERIES IN BERING SEA.
239
upon all points on tlio nortliwrst coast of Anu-ric^a, not already occnpicd, and to trado
with tlie natives. Hnttliis lilu'vly of navij^a tinn in snliji'ct to certain iMindition.s and
restrictions, and one of these, restrictions is that stipulated hy the fourth aitii:lt% which
lias specially limited to the jieriod of ten years the ri^iht on the part of the citizens
of the I'liited States to frei|nent, \vilhi>nt (li>tni l>ance, the interior seas, the j^nlfs,
harhors, and creeks north of the latitude of ;'>! 4(1'. Now this ])eri(id had exj)inMl
more than two years Itet'orir the l.oi-lol aiiclKired in tin- harlior of Tnckessan. In I8;?r»
the Emperor's minister in the I'liitcd States had received orders to call the attention of
the caliinet at Washinjfton exprcsslv to tlie circumstance of the expiration of this
Jieriod; and in citnsti|ueiice of the oilicial note addressed on iliis snliject liy IJaroii de
Kriidener to the Sccn'tary of State, tlie (iovcrimieiit of tlie I'liilcd States caused to
lie |inl)lished, in the Wiishin.'jtou ne\vs]ia|(er, a statement thai, as the perio<l of ten
ysars had expired on the llli (d'Ajiril, ]f'M, " I he ■;(»vernor ol the Kiissian colonies
had formally notiliecl the comniainh^rs of American vessels in that (|ii.irtcr that they
could no loiiijer claim, under the convention, tht! rii;ht of laiidiii!; without distinc-
licni, at all the harbors h('lon;;iii^ to Kussia on this coast. "
If, then, not withstaiidiiijr so formal a warninj;' which the (Jovcii. nent-ofthe United
States had itself aided in conveying to llie knowieil^'c of tiie cil i/eiis of the Union,
the owners of the Loiiol \cntured uiion an ixpedil ion to co.ists where they had for
two years hceii interdicted 'rmii iMiidiiij; it appears that they should attrilinte only to
themselves the ill success ot t his enterprise, and that the Impi'iial ( love^'iimeiit can
not admit their cliiims. nor ackiiowled;;c tiieir t iile to iinli'iiiiiilical ion. In c<"'imiini-
catiiij:; Ihi'se olisei' vat ions to Mr. Dallas, ihe nndersinned llatters hininelt with (he he-
lii!f that he will admit the justice of them, and caiise then; to he vimved in the Maine
lifilit hy liis (iovernment.
In this hope In* jirays the env»>y to accept, etc.,
Nessei.rodi;.
[Inclosare 2 in Mr. Diillan's Nu. !'<.]
Mr, Dalian to Count Xinndrodf.
St. PicTKi{SBi:i!G, March 5 (.7), 18:W.
The iindersi«>nod, envoy extraordinary and minister >Menipotentiary of tlie United
States of America, liad the lionor to receive the answer of his ex<!ellency ('onnt Nes-
Hfdrode, vice-chancellor of the Empire, daii^d the "iad Eelirnars, It^'.l^, to tiie commu-
nication whicli th<! iindersijjned, conl'onnahly to the siiec.'ial charj^e of his Government,
addresst^l to his excellency on the l.Mli ('j/ili) of Au;?iist, 1h;j7, in relation to the in-
terference of certain of his Imperial Majesty's arinecl fortes with the merchant brig
Lori'it, owned ami commanded by cif' ens of (he United Siat<s, and jinmecuting a
trading voyage to the northwest <'oas' of America.
The remoteness of the regions wliei>. the incident-j occiirrod which constitute the
fonndntion of the reclainati«)n on behalf of the pa lupirrMl, and the known ditli-
ctilty ofobtal 'ig circumstantial details of any evci, ha' quarter, (">!!!ic<rted with
the assurance of his excelleiicy that the Im|ierial niiiiisir> had gi\en to the subject
its setiMiH attention, must have engaged the nndersigned to pnn oteil silence, under
the conviction that everything whicli the justice of the case ie<|iiire<l would iilti-
niatelv heattained. The.note. liowever.of hisexcelleiicy. ifiic(Mirati ' iiiiiierstood dis-
]»enHes with the necessity of additional information, ami, adoptinii the stateineiii of
facts deriveil hy the Aiiieric-an (lovernmeiit from its citizens, would seem to remove
all motive for further delay. An earlv notice, therefore, of the grounds upon which
a recognition of the claim has been detdiued is impelled alike by a profonm' respect
for tilt) source whc'iet' they emanated, and by a seiisi'of the iiecnliar import m <• with
which they bear upon the relations and interests of the two countries.
The lif-lit in which the President of the United Slates regarded the tnMituien* of
Captain Hliiiii precluded the iiosNibility of his supposing it warranled by the public
authorities of Kiissin. He will hear, with ]»aiiiful siirinise, that tlu^ subordinate ' y
whom that treatment was inllic teil did but obey tht^ iiistruciions with whjeli In- had
been furnished in coiise<pience of the expiration of the fourth article of tin > . en-
tion of lH'i4.
It will be recol'ecteii that more than two ami a half years ago the .Vnieri<nin Sec-
retary of State, Mr. Forsyth, in a letter of tin- "Jlst of .liily, H:*..'*. addressed t<» His
Imperial Majesty's minister then at Washington, the Haioii de Kriideimr, expressed a
wish to receive, as t-arly as jtraeticable, precise iiiforinatiou of the measures His Im-
))erial Majesty's Government had adopted or proposed to ;ido|it in ridation to the ad-
mission of Ameri(!an vesstds into the htirbors, b.-iys, and rivers of the Russian setthv
iiients on the northwest coast of the coiiliiienf ; thift this re(|iiest was reiteniteil by
Mr. Wilkins, the predecessor of the nndersigiietl, in a commnnication of the Ist of
irr^
240
SEAL FISIIEKIIiS IN BERING SEA.
.Novenihor, 1^;?"); iiTid Mint liis cxct'lliMu^v Count NeHselrodo, in answer thereto, reftT-
kinji t(» tlm M|»riii;i of l.':i(! as tho fiirliist periixl at wliioh an exact knowhid^^o could
bo olitaint-dof tbHnieasur»\s which the local aiithoritit^s liail a*lo|itc(l, or whi(!!i,it wouhl
1)6 uc(;csHary to ailopt, left n<< rooiu to doubt that they would then, or as hoou as
diyestfd, l>e made known to tho Ainericin GovernuKMit. This inforniafciou, ho d<isira-
ble as a basis tor any corresi)ondinn measures to whicli the United States would have
been ui<jed by their uniform (lis|iositioMs of amity towards Russia, as well as by a
provident attention to the ie;.;ul.irity iiiid security of their own commerce, has never
l)eeu imparted. Had the puri>()rt of the. iustructu)n, under which the Loriot was vio-
lently seized and driven from her voyajie, been conunuuicated, it would iu)t b.avo been
allowed to work injury ;tiul Iocs to unollendintj; iiers(ms, without at least bein<; first
made the object of caudiei remonstrance, or of precautionary notice. And the Presi-
dent of the United States, unai)pri/,ed of these rejiulatious, or of the particular points
of the northwest coast on whi(!li Kussia,u establishmeTits were ue.wly formed, conld
!iot but view tin* al)rupt proeeeditij; to which Captain Blinn was subjected as an act,
under any as|>ect, of Ihe iu(»st unfriendly (character. How far tiiis sentiment will be
chanj^ed orcinaii'ied by unexpectedly findiuj^ the sii<;htou the American daf? and the
armed opiios'tion to Am< rican trade to h.ive been ordered, and to be now sanctioned,
by tile Ge.ernnu'ut of His Imperial Mjijt.Kty, upon the i>rinciples stated, the under-
sifjned can not ventur<> to foresee.
Nor is tUe "inf<>rm;il notice" (lyiuft before the uud<'rsi;;ned) pulilished, at the re-
peated request of IJaron de KrndtMier, in the \Vashin<j;ton Gloiie on the Vi'-id of August,
Iri:},'), to wliich his extielltuicy has referred, susi',eptil)le, in the estimatu)n of the un-
dersijfued, of a construction wliich can ascril)e to the American Govcirnment, or any
of its citiztuis, tlie knowledj^e ih:it a voyage like the f>U(* contemplated l)y Captain
Blinn was inconsistent with any colonial intcirdict or general pretension of the Im-
perial authorities. Far from it. That pul)!ication, while characteristic of the frank
and conlidiiif; readiness with which the American I'^xecutive proceeded to execute a
wish oxjiressed l»y a power wliose intercourse and relati<uis ins])ire no distrust, com-
pels, as is conceived, with unfcij'ned ileterence, the opposite construction, and im-
l»orts a recojjuition of tlu^ entire Lawfulness of such a voya>;e. In this spirit, and in
this only, was it originally framed, and has ever since, without a ((uestion, been un-
derstood iiy the GoveruuKUit and people of tlio United States. Triu*, it adverts to a
iioti(!e issued by the {governor of the Russian colonies after the expiration of the
fourth article of the convention, to the elfect that the masters ' i American vessels
conld no longer claim the right they enjoyed under that I'ourth article of landing at
all the landing places, witluuit distinction, belonging to Russia on the northwest
coast; and it further proceeds to ol)serve to all interested in the tr.ade that, under
the second artich; of the same convention, it is iiecoss:iry for all American vessels re-
sorting to any poii't where tliere is a Russian establishment to olnaiii the permission
of the gctveriioror comiminder. To the scope of phras uiugy of this " informal notice"
it is believed Baron de Kriub-ner never, orally or in writing, took the slightest excep-
tion. It will surely be perceived by his exceli«'iicy Count Nesselrodo to contain no
inhibition of trading voyages generally to the nortliwest coast of America, but, on
the contrary, to ct)ntine its admonition exim-ssly and precisely to " landing places be-
longing t<) Russia," and to "any ])oint on the coast where there is a Russian estab-
lishment," Such landing jilaces and such points were, alone su[»posed to be embraced
in the notice of Governor Wr.angrI, .i-id were alone designated in the ]»ul)lication.
American voyages to them were no longer as iineniliarrassed as during the operation
of the fourth article of the convention, but to all other points of that vast and wild
territiu'y the freedom of Anxu'icaii navigation and trade remained unimpaired. It
formed no jiart of the purpose of Cajitain Hlinn to visit, with or without permission,
any lauding pliiee or point distinguished liy Russian occupancy or estal)lishnient ;
and ii is therefore subiiiitte<l that, even supposing liim to have read the paragraph
adduced, lu' could at least deduce from it nothing .idverse to his voyage.
The decision of the Imperial ministry i,s stated iiy his exceileney the vice-chan-
cellor to result from the very circumstances set forlh in the note of the undersigned,
as well as from an allidavit of an ollici-r recently rtitnrned from the Russian (Hdonies,
and to be founded upon the convt^iiti»)n of Vf^'iA. As the t;ontents of the atlidavit are
not mentioned, they are presumed not to all'ect materially tlu^ niirrative of the note,
and certainlv not to introduce iiiiy substantive asserti(Ui or deiii;il adei|uate to give
the case a totally new character, atxl to exi-ct, by its own force merely, a judgment
which could not be, reached without it. The remarks, therefore, wliicli the under-
signed j)roposes to subjoin are necessarily n stricted to the admilted allegations on
behalf of (Jaiitain Blinn in connection with the stipulations of the treaty.
If, in pursuing this course, any iuju.'^tice be <,(MU! to the roai^oiing or views of the
Imperial ministry, Im will, on the slight^^st intiriation, hasten lo rectify it with the
fraukntms which he esteeuis indispensable to the .'uithfnl discharge of his representa-
tive duty.
Avoiiling a repetition of details heretofore enumerated, aa well as their nggravat-
SEAL FISHERIES IN BERING SEA.
241
iug ftMitiiri'H, the lending factH of reclaiiiiition are, that th« brig Loriot, owned and
couimandcdhy American citizens, 8>i.ile<l from the Samhvieh iHlaiids on the 'i2d of
August, 18:{(), b(Min<l to the northwest eoast, to i)ro<-nre provisions and Indians for
bunting H<ia-otter; that, liaving made Forrester's Ishiuil, HJie anchored in the harbor
of Tuckessan, in latitude r)4' 5")' north; tliat no Russian establishment existed in
tliat harbor ; that four days afterwurds, an armed brig of His Imperial Majesty's
navy went into a neighboring harbor, called Tateskey, in latitude 54'^ 45' north ; that
no Russian establishment existed in this latter iiarbor; tliat, she was hoarded by of-
ficers from the armed or'g, by whom her captain was tirst ordered to leave the do-
minions of Russia, and subseciuenlly compelled to get under way and sail for the har-
bor of Tateskey; that when ort' the harhor of Tateskey she was, in threatening
weatlier, refused permi.'SMion to enter, and i»eremptorily again commanded to quit the
waters of His Imperial Majesty; and, linally, that, owing exclusively to this inter-
ference of arnusd force, her voyage was abandoned, and she returnedto the Sandwich
Islands on the 1st of Novembtsr. It is this plain and brief story, which the un<ler-
signed, by instruction of his Government, has teriiu'd inconsistent with the rights of
American citi/.ens, immemorially exercised and secured by tlie laws of nations, as
well as by the siipiilations. of the tirst article of tlie convention of 1824, and entitling
the parties injured to such indemnification as might on an investigation be found
justly their due.
The right of the citizens of the United States to navigate the Pacific Ocean, and
their right to trade with the aboriginal natives of the northwest coast of America,
without the jnritidiction of other nations, are rights which constituted a part of their
independence as soon as they declared it. They are rights founded in the law of na-
tJDiis, enjoyed in common with all other independent sovereignties, and incapable of
being abridged or extinguished, except with their own consent. It is unknown to
the undersigned that they have voluntarily conceded these rights, or either of them,
at any time, through the agency of their Government, by treaty or other form of ob-
ligation, in favor of any community. Yet he deduces from the communication of his
excellency, after having given it the careful consideration to which every act from
such a source lays claim, as the only ground upon which the reclamation on behalf
of Captain Blinn is resisted, the proposition that the United States, by the conven-
tion of 18vJ4, yielded to His imperial Majesty the right to hold commerce, on the ex-
piration of ten years, with the aboriginal natives o?i the northwest coast beyond tho
degree of 54° 40' north latitude. This proposition, if established, is unciuestionably
f.ital to the pretensions of the master aiul owners of the Loriot, It bears, however,
an aspjct so detrimental to the interests of his countrymen, and to their attributes as
an indepeiHleut power, is so inconsistent with the ])ast policy and [)rinciides of the
American cabinets, and is withal of such minor importance to the prosperity and great-
ness of Russia, that the undersigned trusts its want of solid foundation will, on further
reflection, be apparent and confessed.
The avowed objects of the convention between the United States and His Imperial
Majesty, were "to cement the bonds of amity which unite them, and to secure be-
tween them the invariable maintenance of a perfect concord." The means of attain-
ing these invaluable ends were embodied in its articles. There is tirst a mutual and
permnnent agreement, declaratory of their respective rights, without disturbance or
restraint, to navigate and fish in any part of the Pacific Ocean, and to resort to its
coasts upon points which may not already have been occupied, in order to trade ".-ith
the natives. These rights pre-existed in each, and were not fresh liberties resulting
from the stipulation. To navigate, to fish, an<l t^^ coast, as described, were rights of
equal certainty, springing from the v ime source, and attached to the san^e ([uality of
nationality. Their exercise, however, was subjected to certain restrictieiis and con-
ditioiiK, to the effect that the citizens and subjects of the contracting sovereignties
should not resort to points where cstablislinenis existed without obtaining jjermis-
sion; that no future establishments should be fo ; led by one party north, nor by tho
other j)arty south, of 54^ 40' north latitude ; biK . lat, noverthelchs, both might for a
teriu often years, without regard to whether an establishment existed or not, with-
out obtaining permission, without any hindrance whatever, freiiuent tho interior
seas, gulfs, harbors, and creeks, to llsli and traile with the natives. This short analy-
sis leaves, on the question at issue, no room for const! uctioii.
Tht^ view taken by his exoelli'iicy Count Nt'sselrode rests upon tho ])rovision last
referred to, contained in the fourth artich* of the convention. Of this it is esseiiti.il
to lix the tru(! character. Does its limitation of ten years ai>[>ly to tho broad national
right of resorting to unoccupied points of the coast if If it doiiot, the position taken
is untenable. That it does not, would seem to be a conclusion of tho gravest, as of
the lightest scrutiny.
The renunciation of a prerogative so high and important, if designed would not
have been left to mere int'ereiiee fnini a disjoiiitid i)aragraph, but would have been
distinctly expressed in immediate conneclion with its first statement. No tuotivp
S. Ex. 106 IG
242
SEAL KISIIEKIES i>:
:iaNG SEA.
, , -i
can possibly b(^ !iHsij;i)r<l for itciniitting nn iiit»MiiU'(l nhaiKlomiu'nt of Hiich a rij^ht, •
forniiilly (lecliiiid in tlic Hint uiticli), to lurk unseen in tiic vurit;(l lunguiige of the
fourth article.
I'he jtower of resorting to unoccupied points of the const existed in perpetuity by
the lawsof nations, and is so enunciated in the (irst article. To declare it afterwardn
to exist for ten years would be to insert a clause idle and without etl'ect, providing
for the teniiiorary enjoyment of what had been previously ))ronounced permanent.
IJut the inter]u<'talion of every iustrnnuiii must be such as will, if possible, give sub-
stance and utility to each of its parts. Apjdied to points of the coast already occu-
pied, the fourlh art icle takes ellect as a temi)oiary <'xceiitioii to the jierpelnal pro-
hibit i(ui of tlm second article ; and the only conse<|ueiic('(d' the ex])iiatiou of the term
to which it is limited, is the revival and continu«Ml o]iei'al ion of that jirohibltion.
In emi)loyiug, in the fourth article, the descriptive words " interior seas, gulfs,
harbors, and <'rceks," there is a deparnire fiom the c nuiireheusive i)hraseologv of the
tirst article, which is only to be ex|)lained by th<- tact that another idea was to b«
expresse<l. Xor is it dillicnlt to understand what was i-ealiy meant. The bonds of
amity and iierfeci concord, which it was so de,siral)Ie to cement and invariably nuiin-
tain, w<uild have been endangered, in ])eculiar localities, as to which dmiiits might
naturally arise whether ihey were embraced in the first "or the second article. If,
however, at. their ojienmys, or upon tlii'ir commanding highlamls, or on their shores,
an occnpii'd jioint or estaidishment existid, it was tliou^ht cxpedii-iit to let thtvut
take character Ikuii that incident, without any ni<<' measurement ot its range or in-
Ihience, at the ex|>ii'aliou ot ten years; and, accordingly, the (bnrth article, avoiding
too sudden a check of the actual iiccount of Hade, put a limit of time upon tlie liberty
to frc(|ueiil such ))lact's.
The undersigned sniunits that in no sensfi can the fourth article be understood as
imijlying a" acknowiedgment, on th(> jtart of the I'liited States, of the right of Kns-
B'a to tile jiossession of the coast aliove tlie latitude of .^l^ 40' north. It must, of
course, be taken in connection with the other articles, and ihey have, in fact, no ref-
erence whatever to the ([nestion of tin; riglit id" jiossession of the unoccupied parts.
To prevent future collisions it was agreed that no new establishment should be
formed by tin; nspective parties to the north or south of the iiarallel meuMoned; but
thofiiiestion of the right of ))ossession beyond the existing establishuieuts, as it stood
previous ti>, or at the time of, the convention, was left untouched.
Uy agreeingnot toform new establishnu?ntsiiorthof latituder)4^-IO' the Unit«'d States
made no a<knowledgment of the right of Kussia to the territory above that line. If
such an admission had been made. Kussia, by the same construction of the article re-
ferred to, must have efpially acknowledged the right of the Uuited Statics to the terri-
tory south ot the])arallel. Hut that Kussia did n«t so understand the article iscomdii-
sively jiroved by her having entered into a similar agreement in her subseciuent treaty
of li"Zit, w ith (irciit Jbitain, and having in that instrument acknowledged the right
of Jiossession of the same territory by (ircat Mritaiu.
The I'nited States can only be considered infereiitially as having acknowledged the
right of Kussia to aci|uir«, above the designat d ineiiiliaii, by actual occui>ation, a
just claim to nuoccnpied lands. Until that acttual <i(cu|tation be taken, the liist ar-
ticle of the convention recognizes the American right tt) navigate, tish, and tracU;, as
])rior to its negotiation. Such is esteemed the true construction of the convcMitiou ;
the construction which both nations are interested in atlixing, as the benelits are eciual
and mutual, and the grcit obje<t is secured of removing ilie exercise of a couimon
right from the danger of becoming a dispute aliout exclnsiv(> privileges.
At tlie hazard id" proving ti'dious, the nmh-rsigued has thus endeavonid to convey
to his excellency Count Ness<drod« the views su.',g.-sted by his recent comuiuiiication.
The Governinenf of the United Stati's is ardent and uniform in its anxiety to cher-
ish with that of Kussia the most friendly relations; in the reci])rocati<m of this senti-
ment the fullest ccnilidenct! is felt. 'iMie citizens and subjects of the two countries,
meeting only wiih feelings of cordiality and for |mr|i"ses of mutual adv.intage, are
rajiidly reaping the (rniis of a wise and beueliceiit inte.natioiial jiolicy. Every yi-ar
enlarges the siihen* ot their commercial ir". 'icoiirse, discloses tli<' identity »)f Ihcir in-
terests, and strengthens tlu'ir ties of aunty. In the persuasion that the enlightened
couiKiils of His Im]>erial Majesty will join with the American authorities in every
etlbrt c<msistent with the honor ■•iiid rights of their rcspectivt^ nations, to rescue this
condition of things from all danger ot inteiinpii(ui, the iiiulersigne<l earnestly invites
a reconsideratiou of the ground upon which the claim of the owners of the Loi'iot has
been dismissed.
■\Vith a consoling hope as t<i the result, he begs, etc.,
G. M. Dai-i.as.
'J
SKAL FISIIEKIKS IN BERING SEA.
243
^i\ tlie
ion, a
hst ar-
iul(!, as
■iitiou ;
I ociual
jounuon
M)iivoy
.iitioii.
to chei-
is scuti-
iiitries,
it,'e, are
IV ,v«'ar
iK'ir iii-
jlitciu'd
II (ivciy
•lie tliis
invites
triot lias
I.I.AS.
Ko. 180.
Mr. Dallas to Mr. Forsyth.
No. 1G.| Legation of the United States of Ameuica,
St. Petcml/urff, April 1(», 1838.
Sir: Oh the 21st of last month I roeeived the answer of Count Nes-
Helrode to the ])ioposal made to him in my (!ommuiii<;ati()n of the L*8th
of l)e(!ember, 1837, for the renewal of the fourth arti(;le of the Ci>nveu-
tion of J82-1, and 1 aecompanied my acUnowledyineiit of its receipt
witli a request for information as to the measures adopted or proposed
to be adopted by Jlis lini)erial 3Iajesty, r('sj)ectinji^ llie admission of
American vessels into the Russian establishments on the northwest
coast. Copies of these two documents are anne.\e<l to this dispj>tch.
Every act of an ollicial character is i)receded by no much delilieratiou
and delay that 1 nuiy not hope to hear further on tiiis si;l)i'jct for some
weeks to come.
The refusal to renew the arti(!le was far from unexpected. Althoufjh
there may be nuich truth in the statements u|)on wiiich that refusal is
explained, it was foreseen that the {irasping judicy of the fur company
would, in itself, be quite a<le(piate to this result. 1 am unable to say
how far the representation as to the extremely limited character of the
American trade under the article be correct, nor how far my country-
men nniy be implicated in the sale of spirituous li(pu)rs, jiowder, and
tire-arms to the natives iu violation of the fifth article of the convention ;
nor whether complaints ou the latter subject have or have not been
unide by the llussiau authorities to those of the United States, invoking
iu designated cases the i)enalties prescribed by act of Couf'ress. On
none of these points do the archives of this U'y;atiou furnish sources of
information.
Xor would it, indeed, seem expedient, uiuler any circumstances, to
criticise the alleged motives for declining a revival of theex|)ired stipu-
lation. No consequence could follow but disagreement in relation to
details, when the main i)oint is one exclusively of discretion, is ob-
viously decided beyond the i)robability of change, aud that decision is
comnumicated in the most friendly tenns.
By the expiration in xipril, 1831, of the ten years limited in the fourth
article of the convention, and by the delinitive refusal to reiunv it, the
Imjjerial Government would seem to attain an imjjortant object in their
northwestern colonial policy, while the Unued States forego, in fact,
nothing but a series of vague claims calculated only to embroil and com-
l)lieate the relations of the two countries. My predecessor, Mr. Mid-
dleton, by whom the convention was negotiated, conceived the article
to be a mutual grant, temporary in its duration, extemling to s|tecirtc
and i)artieular privileges, which the traders of neither nation would
Ij t'ujoy as general rights. He regarded the liberty to carry on commerce,
without any hindrance whatever, with tl^e natives in the interior seas,
gulfs, harbors, and creeks of the Kussian settlements, as so much added
to the range of our trade beyoiul its natural boundaries; and he antici-
l»ated that, before the lapse of the term proposed, the Kussian settlers
would [)erceive the importance of our unshackled intercourse, as a sure
and economical means for obtaining supplies, and would ultimately
])rolong it iiulefinitely. With these views and impressions, during the
l)endency of fhe negotiation, he origiinited the fourth article, which
formed uo part either of the projet of a treaty sent to him by Mr.
244
SKAL FISHKRIES I\ BERING SEA.
\
.. '«
A(lainp,tli€'ii St'cretary of State, or of the projet ho siilmiitted to Count
Nesselrode at their first conference on the Otli of February, 1824-.
The adoption of the article suspended for ten years the necessity of
practically dis(;riininating between such places on the northwest coast
as, were open to a coniraon trade, in consequence of being savage and
unoccupied, ami those accessible only by permission from a local au-
thority. In other words, there was no immediate call for agreeing and
defining what should constitute an "establislunent," an "occupancy,"
or a " settlement," so as to redeem a given spot, with its contiguous
territory from a wild state and subject them to an exclusive jurisdiction.
During the i)rescril)ed period in this particular everything was left as
large as before, and here lies, in my opinion, the chief if not the otdy
important incident of the refusal to renew the article. It will become
necessary now to have some distinct understanding as to the nature
and range of the act of colonizing, which shall permanently vest the
dominion in either nation. Without this ourconnnerce in that interest-
ing quarter must be impeded and narrowed and probably soon entirely
destroyed by the absurd pretensions of the Russian Fur Company.
The stipulated freedom to trade unmolested within the interior seas,
bays, creeks, and harbors of the northwest coast, be ng regarded, un-
der our construction of the treaty, as solely applic able to occupied
places, and having ceasefl upon the expiration of the ten years, it be-
comes essential to the safe prosecution of American enterprise and
trafltic in these remote regions, that we should ascertain, if possible,
which of the interior seas, bays, creeks, and harbors fall, by actual
liussian settlement, under exclusive liussian dominion. Although the
facts be extremely difficult to reach, and a ])owerful monopoly be in-
terested and at work to misrepresent them, still something may be
effected by furnishing to our citizens a rule by which to test the char-
acter and extent of any occupation whose existence is alleged as an
impediment to an intended voyage. And if we can not si)are one or
two of our vessels of war to make a thorough examination of the coast,
as well as to assert, in defiance of petty obstacles', the national right to
trade freely upon unoccupied points, we must be content, however re-
luctantly, to take just such statements for information as it may please
the Fur Company's officers and agents to give. Supposing, then, what
I do not expect, that the Imperial Government will abandon the ground
it has taken in the case of Captain Blinn, and admit that we still pos-
sess the liberty of holding commerce with the natives north of the line
of delimitation, I shall be anxious to have your instructions as to the
suggested expediency of calling frankly for an enumeration of the
points on the coast at which Kussian settlements are alleged to exist,
and of inviting the adjustment of some definite rule by which the real-
ity of a settlement, and the extent of its adjacent operation, may at
any time bo peaceably determined. If, however, the position taken in
reference to Captain Blinn's claim be adhered to, these inferior inquiries
can not be made; for that position, as will bo remembered, excludes
our commerce, except by Kussian permission, from the whole coast
beyond the degree 54° 40' north.
I should perliai)s feel warranted in pursuing measures for this purpose
without delay. The request for information as to the regulations to be
enforced in relation to American vessels, made in my last note to Count
Nesselrode, may be esteemed a fair preliminary. But I am anxious to
know, before proceeding further, whether the decided manner in which
I have treated the claim to excluvsivo dominion, in the affair of the
Loriot, be approved or not ; and whether the right by the laws of nations
SEAL FISHERIES IN BEKINO SKA.
245
to trade with tlie natives on unoccu|)ie(l i)arts of the coast be esteemed
so certain and so important that it will be insisted on, even at tlie
liazard of interrnptinji" the amicable relations of the two comitries. I
wish to shape my i>rosress so as to harmonize in every nM)veinent, as
nearly as jxissible, with whichever altermitive, inllexibility, or concjessioii
the i*resi«ient nuiy esteem tlie highest and trnest policy.
I have, etc..
(f. ^I. Dallas.
[Indosnrr in Mr. Ditllas's No. in.— Translation.]
Count Xenseh'ode to Mr. DuUuh.
St. Pktkkshuiki, Mnnh 9, 183S.
The niidt'iMij^iRMl has liiul the honor to recoiv«5 the note that Mr. Dalhis, envoy
extraonlinary and minister itienipotentiary of tlie United States of Ainericii, was
plea.sed to atldresK him on the Kith ("iHth) of December, rehitjve to the |)ro|ii)sition
jirevionsly bronylit forward by Mr. Wilkins, to renew the fourth article of the con-
vention of April f) (17), ld'-J4, of which the effi'ct had been limited to a term of ten
years, and which had, consequently, expired in 18:14.
The desire not to decide a (jnestion of this importance without a thoronjjh knowl-
edi;e of the subject, did not permit the Imperial Government to >jive an opinion in
relation to it until detailed information ha<l been collected, as well in re<rard to the
wants of the Kussiaii e.HtiiblishmeutH in America as to the intlueuce that tlie state of
things secured by the fourth article had exercised there. In settinjj forth this con-
siderution to Mr. WilUins, the undersigned intimated, in his note of the 'iSth of
November, \S'Xi, that he would give timely notice to the legation of t!»e Uiiitetl States
of the determinations adopted on this subject by ihe Hnssian Government.
The iuformution then exi>ected lias siuce reached the undersigoed, and it aji-
jiears that the execution of the teiii]iorary jirovisioiis contained in the fourth article
had not been unattended with serious inconveniences, and that it has been really in-
jurious to the ]»rosperity of the Itiissian establishments on the northwest coast. The
greater part of the foreign vessels which resort to this coast, in virtue of the said
stijiulations, have only made use of the right of trading with X\w natives in order to
sell them spirituous liquors, tire-arms, and gunpowrler. According to the tenor of the
fifth article, these articles were expressly excluded from the trade; hut experience
has proven that this exclusion, and also tlui legislative measures by which the Gov-
ernment of the United States sought to carry it into effect, were illusory ; since, by
the same article, the contracting parties had deprived them.selves of all meuiis of
controlling the vessels which should visit these latitudes, so that entire cargoes of
rum, of tiie-arms, and ammuiiitioii have been carried without hindrance into the
Russian possessions and sold to the natives, thus necessarily endangering the germs
of order and civilization which the agents of the Kiissian-Aiuerican Company have al-
ready succeeded in introducing among these tribes.
It is, moreover, to be observed that the artich^s comprised in this fraudulent trade
were expressly those of which the sale there olVered most adviintag»s, because, the
Russian American Company having once for all excluded thiMii from its own traftic
with the natives, the latter (;ould only procure them on board fureign vessels.
This state of tilings could not i'ail to occasion complaints and remmistrani-cs, which,
the Im|icrial (jrovernment being ever anxious for the prewi'rvai ion of irs relations with
the United States, would aione, fro'u that tiun, be an atlcquate m)tive lo induce it
to desire that the stipulations of the fourth article shr>uld not lie r«Miewed. But an-
other consideration, not less decisive, hen^ ]»resentsirself : thisis theoI)ligifioii under
which tlu! Imperial Goveininent is placed to [trotect the conimene and navigation of
the Kussian colonies, anil to secure to them henceforth the peaceabli' eiijoyiiicnt of the
advantages which, by virtm* of their privileges, they are destined to gather from the
improveinent (exploitation) of the tisheri(vs as well as from the trade with the natives.
These considerations, taken together, render it impossible for the Imperial Govern-
ment to accede to the proposition which has been iiuule to it to renew the stipulations
of the fourth article. The legret experience<l by it on the occasion is, liowever,
diniini.shed by the conviction that the United States would not themselves <lerive any
es]»ecial advantage from the longer continuance of tli-'se stipulations, since, accord-
ing to a statement of the nil vigation in these places, oven whilst the fourth article was
yet in force, there wore never more than four American vessels arrived iu the course
24G
SEAL FISHKUIES' IN BEKINO SEA.
., i
of a whole year, and tliat ovrn this nnnilier, lianlly to be taken into account in tlio
llourisliint; stiite of tin* iiicrcaiitile marine of the Union, waH diminiHhinK >n propor-
tion aH enteritiiMeM on the iiortliweHt coaHt olVereti (ewerehaneeHof HnccesH. It appearn
evident I'roin ihin that tiie renewal of the I'onith article conhl hardly contribute to
extend, in a reciprocnlly useful manner, the commercial relalions between Kussia
and the United Staten of America ; or, by c(uiHe(|uence, answer tlio coustnntHolicitndo
of th(> Im|terial (iovernnuMit to cement more and more, and in a mutual interent, the
friendly connectionH which it is alwiiyH hajipy to cultivate with tlie Government of
the UnioTi.
The undersijjned has the honor, etc.,
Nkhski.rodk.
■ ' 'I f-
No. 190.
Mr. Dallas to Mr. lornyth.
No. 17. J Legation of the United States,
St. Vetcrslnmj, May 13, 183S.
Sir: Oh tlieOtli instant, the coniniunication of wliich I juinex a coi)y
was received from Count Nesselrode, in ie})l.v to niyreiiiiest, under date
of the li(ith of Mareli hist, to be fiirnislied with intonnation as to the
measures adoi)ted, or i)ro|)ose(l to l)e adopteil, by tliis Government, re-
spectinjif the atlmissiou of Ameri(;au vessels into the Kussian establish-
ments on the northwest (!oast.
It will bo ])oreeived tliat the substancM^ of Count Nesselrode's note is
distinct and (I*'tinitivi', and that tiiesinole and simple measure adopted
iu relation to our vessels, is their absolute exclusion from what are
deemed the Kussian i>ossessions. The published order of (joveruor
Wrangel, to which iiarou Krudener, in ltS,*}5, (tailed your attention, is
contirmed un(iualitiedly in j)rincii>l«* and i)ractice ; ami the Cabinet at
Washington is invited to repeat the warninj? heretofore ojiven by it to
the citizens of the United States not to (;(mlravene that jtrohibitory
notice, so that they may avoid exi>osin}4- themselves lothe consequences
of misunderstandinj^f or collision.
Although my request for inibrmation was exjiressly limited to lius-
Ksiau establishments, and Count Nesselrode's reply to it may not strictly
be extended beyond that lintit, 1 can not heli) thinking that the prefa-
tory and peculiar reference he has made to the expiration of the fourth
article of tiie convention is nu-ant as a reiteratit)n of the jmsition as-
sumed in the case of the Loriof, Captain lllinn, to wit, that since
April, 18.'U, our right to Irequent the inteiior seas, gidfs, harbors, and
creeks, north of 04° 40' north latitude, whether actually occupied or
not, has ceased. The consistent brevity, indee«l, with wliich the effect
of the ten years' limitation is uniformly invoked, satisfies me that it is
esteemed a ^'•point (fapptii,^^ in relation to our riglits anil pretensions
on the northwest coast, too conclusive to be omitted or argued. My
letter, in answer to the first assumi)tion of that ])osition. dated the 17th
of JNIarch, IS.iS, and forwarded to you with dispatch No. 15, has not
been noticed.
Very respectfully, etc.
G. M. Dallas.
IIiicloHiiro in Mr. Dallna's No. 17. — TniiiHlutinn.]
Count NesscJrode to Mr. Dallas.
St. PKTKR.snuJ{r., Jpril 27, 1838.
Mr. Dalla.s, envoy extraordinary and minister plenipotentiary of the United Stales
of America, has l>een pleased in his note of the I-ltli (tifith) of March, to express a
J
1
t
V
f
SEAL FISIIKRIKS IN MKKINO HKA.
247
<1c8iro to know wlmt inoaHiiros liavo hcon iiili»pltMl in conHt'unonco of tli« cxpinitioii of
the fourth artichi of tho (lonventioii of lH'i4, M'Hi><'<'tii>K tlio mlniisNion of Aniericnn
vi'hkoIh into tho hiirl)ors, biys, iiiiil liverH of tho liiiM«iiin ostiihlishnu'iitH on Hio north-
woHt coKNt. Thin i'i'(|ueNt Ih nia<i» on iicoount of tiio intention on tho part of tlio Ciih-
inot at Wa8hin^ton to adopt Hiniihir ru;;nhttioiiH, and Huch an may tond to prevent
any injury to tlio relations now so fortnnatoiy exislinjj Imt ween tlio two eoiinirios.
Thn undersigned, JiaHtenin^ to reply to an overture, aceoiupanied liy an asHnrauco
so satisfactory for tho linp«<rial (Jovernnmut, inal<es it his duty to ohst^rvo to Mr.
Dallas, that, as tho fourth arti(de of tho c(Mivention of the r)th (17lh) of April, 1H'2I,
has only jj[ranted for ton years to tho vess^^ls of the two powers, or thi>s«* licilon^inK to
their citizens or snhjeots, n'spectively, the riyht of freciuontinf^, recipro(rally, tho in-
terior seas, quit's, harbors, and crooks on tho coast inontioned in tho third article of
tho Hauui convention, for tho iiurposo of tisliin;; and trading with th<i natives of tho
o(Hintry ; and as this term of ten years expired in tho month of April, IKll, tho au-
thorities of tho Russian estahlishineuls on tho said coast an^ required to see that
American vessels no lonj;"'!' freciuent tlm interior seas, j^nlfs, harbors, and creeks, situ-
ated north of the latitu»le of M*^ 40' north, as Knssian vesst Is are, in like inaninT, for-
biddi!!) to visit |>la(;eH of tho bamu sort south of that parallel; and to nniintain thi.s
l)rohil»ition, it is tho duty of the said authoriti;;s to adopt the necessary nu-asiiros,
with tho view of k»:opin<j up relations of liar iiy betwecMi t!ie two Governmonts.
Tho jfovernor of tho Knssian colonies on tlo northwest coast, having made upon
this subject a publication which has been submitted to tlu^ knowledf^e of tlm (iov-
ernnn-nt of tho United States, and tho ICmperor's miuisti r at Washin^fton !iavin;j im-
mediately afterwards invited that (iovernmcnt to make known to tho citizens of tli«
United States tho new order of thinj^s c(uisi'(|nent npiiu the expiiation of tho fourth
article, thoj uuderHif^ned Hatters himself with the belief that the (jabinet at Wasli-
)n<it()n, in executing its announced resolution to adopt on its ])art simibir measures,
will tiiink proper likewise to repeat its warning; to the cirizens of tho United States,
not to contraveno the ])roliibiti(»n in ((iiestion, and thus to avoid exposing; tliemselves
to tho cons(M|Uonces of a misunderstaiHling or (■ollisi<ui, which tho Imperial Govoni-
inent would bo the lirst to depb)re.
On its ]iart, tho Imperial (j!ov«'rnmont will not ceaso to recommend to its authorities
on tlie northwest coast the nt-cessary precautions, so that, while maintiiinin;^ tho
rights acquired by Russia at tlu^ expiration of tins fourth article, they slioiild not
lose sijfht of tho respecit diit^ to the bondsof amity which unite tho two(iovcriiincnt»,
and which the Imperial cal>inet will always desin; to streii^tiien and iciKb-r more
closo for the mutual interests of their respective citizens and subjects.
'I'ho nndersiji;ned seizes, etc.,
Nksski.kouk.
|to Kns-
slrictly
pief'a-
Fourth
tiou as-
since
)rs, and
ie«l or
e effect
lat it is
elisions
(1. My
he 17th
las not
No. 191.
Tfcittii concerning the cession of the Bns.sian Possessions in Xorth America
hif Jlis Majesty the Emperor of all the Kussias to the United States of
America.
[Concluded March :iO, IHCT. Ratilied by the United States May '28. 18(17. Kxchaiiseii
June "20, ld(i7. Proclaimed by tht( United States .June '20, 1"^()7.]
The United States ol America and His ^Fitjesty the Eiii|)eior of all the
Rns.sias, being' desirous of stivii'jftheniuo;, if possible, the {jfood under-
standing which exists between tiiem, have, for that piiri)ose, appointed
as their plenipotentiaries: the President of the United States, William
11. Seward, Secretary of State; and His jNIujesty the Kinpeior of all the
Kussias, the Privy Oonn.sellor, Edward de Stoeckl, his Envoy Extraor-
dinary an«l Minister Plenipotentiary to the United Statca.
Antl the said plenipotentiaries havinj; exchanoed their full powers,
which were found to be in due form, have ajjrreed uj'ou and signed the
following articles:
Article I.
His Majesty the Emperor of all the Kussias agrees to cede to the
United States, by this convention, immediately upon the exchange of
248
SKAL FIS11LKIE8 IN IJEKINO SKA.
r ■'>V'
the ratifications tlioicof, all the territory ami (loiiiiiiioii now jjossessed
by liiH said Majesty on tlie continent of America and in the adjacent
isIan<lH, the same heini; containe<l within the geographical limits herein
set forth, to wit: The! eastern limit is the line of «lemarcation between
the Jinssian and the IJritisli possessions in North Aiiu'rica, as «\stab-
lished by the convention between Hussia and (Ireat Jiritain, of Kebrnary
28-l(), l^lio, and descrihed in Articles 111 and IV of sai«l convention, iu
the following terms:
('oiiiiiKMK'ii)^ finin ilio Nontlit^rnnioHt itoiiif of tho iHlaiid eiill*>)1 I'lincn of WiilnH IhI-
hikI, \vlii(;li ]M>iiit Hon in tli*) parallel ot r>4 ilo^ivt-N lOiiiiiiiitt'N north latitude, and lie-
twt'en tli« mint and (ho lHUd dc^reo of woHt lon/jitnde (nieiidian of (Jn-cnwicii), tlie
Naid line hIniII OHcend totliu north aloii^ thochann«>l (tailed Portland channel, »h far
aH till! ])oint of the continent where it HtrlkcN the ritith decree of north latitude ; fronk
thin hiHt-nientioncd ]ioint, the line of deniarcation Nhall lollow the Hununit of the
niountainH Hitnated ](arallel to the coaHtaH far an the jtoint of interm;ction oftheMlHt
degree of wcHt longitu<le(of tht^ Hanu* meridian); and tinally, from the xaid point of
iuterNcction, tlio wiid ucri«lian line of the 141st degree, in itH |irol(Migati(in an far as
the Fio/en ocean.
IV. With reference to the line of demarcation laid down in the ])receding article,
it iH undorHtood —
iHt. That the inland called Prince of WuIch Inland hIuiH belong whol'y t'< liiiSHia
(now, by this cession, to the I'niled States).
*2^\, Tliat whenever the suniniit of the mountains which extend in a direction par-
allel to the coast from thefitith degree of north latitude to the point of intersection of
the 14lst degree of west longitude shall jirove to be at the distance of more than ten
marint! leagues from the ocean, the limit between the Hritish possessions and the line
of coast wliich is to lielong to Russia hs al>ove nientioiuMl (that is to say, the limit to
the )insseKnions ceded by this convention) shall be formed by a line parallel to the
winding of the coast, and which shall never exceed the distance of ten nuirine leagues
therefrom.
The western limit within which the territories and dominion conveyed,
are contained, i)asKes through a point in Hei>ring's Straits on the))arallel
of sixty-live degreeM thirty minntes north latitude, at its intersection by
the meridian which passes midway between the islands of Krusenstern,
or Igimlook, and the island of Itatmanoil', or Noonarbook, and proceeds
due north, without limitation, into the same Frozen Ocean. The same
western limit, beginning at the sante initial ]>oint, proceetls thence in a
course nearly southwest, through Behring's Straits and Behring's Sea,
so as to i)ass midv.ay between ilie northwest point of the island of St.
Lawrence and the southeast jjoint of CapeChonkotski, to the meridian
of one hundred and seventy-two west longitude ; thence, from the in-
tersection of that meridian, in a southwesterly direction, so as to i)a88
midwuy between the island of Attou and the Coj>])erIsland of the Kor-
luandorski coujilet or group in the North Pacific Ocean, to the meridian
ot one hundred and ninety-thiee degrees west longitude, .so sts to include
in the territory conveyed the whole of the Aleutian Islands east of that
meridian.
Article II.
In the cession of territory and dominion made by the i)rec«Hling arti-
cle are ineUuled the right of i)roperty in all |»ublic lots and squares, va-
cant lands, and all public buildings, fortifications, barracks, and other
edifices which are not private individual property. It is, however, un-
derstood and agreed, that the churches which have been built in the
ceded territory by the Ku.ssian Government, shall remain the proj)erty
of such members of the Greek Oriental Chuich resident in the territory,
as may choose to worship tlierein. Any government archives, papers,
and documents relative to the territory and dominion aforesaid, which
may be now existing there, will be left in the possession of the agent
SKAL FISIIEKIES IN l*:i{IN(J SKA.
249
of the I'luted Stiiti's; but an antlionticiitcd copy of siicli of tlu'in ,jis
may ho required, will he, at all tiuu's, {{ivtMi hy the Uuitetl ^States to
the Russian (Jovernnieiit, or to such Ivussian olllcer.s orHuhjects as tliey
may apply lor.
Articlk hi.
The inhabitants of the ceded territory, according; to their choice, re-
serving their natural alle};iancc, may leturn to Itussia witliiii three
years ; but if they shouhl |)rcfer to remain in the ceded territory, tiiey,
with the exception of unci .'liize*! nativo tribes, shall be admitted to tlio
enjoj'ment of all the rijjhts, advantajjes aiul immunities of citizensof the
United States, and shall be maintained atid protected in the free enjoy-
ment of their liberty, property r.iid reliRion. The uncivilized tribes will
be subject to such laws and regulations as the United States may, from
time to time, adopt in regard to aboriginal tribes of that country.
Article IV.
Mis Majesty the Emperor of all the Itussias shall ap])oint, with con-
venient despatch, an agent or agents for rhe purpose of formally deliv-
ering to a similar agent or agents a]>pointed on behalf of the United
States, the territory, dominion, property, dependencies, and api)urte-
nances which are ceded as above, and for doing any other act which
niay be necessary in regard thereto. IJut the ces-'on, with the right of
immediate ])ossession, is nevertheless to be deemed complete and abso-
lute on the exchange of ratifications, without waiting for such formal
delivery.
Article V.
Immediately after the exchange of the ratifications of this conven-
tion, any fortifications or military posts which may be in the ceded ter-
ritory shall be delivered to the agent of the United States, and any Rus-
sian troops which may be in the territory shall be withdrawn as soon
as HJay be reasonably and conveniently practicable.
Article VI.
In consideration of the cession aforesai<l, the Uuited States agree to
pay at the Treasury in Washington, within ten months after tlie ex-
change of the ratifications of this convention, to the diplomatic repre-
sentative or other agent of his Majesty the Emperor of all the linssias,
duly authorized to receive the same, seven million two hundred thou-
sand dollars in gold. The cession of territory and dominion herein
made is hereby declared to be free and unincumbered by any reserva-
tions, privileges, franchises, grants, or iiossessions, by any associated
companies, whether corjjorate or incorporate, Russian or any other, or
by any ]>artie8, excei)t merely i)rivateiiHlividual property holders ; and
the cession hereby made, conveys all the rights, franchises, and piiv-
ileges now belonging to Russia in the said territory or dominion, and
appurtenances thereto.
Article VII.
When this convention shall have been duly ratified by the President
of the United States, by and with the advice and consent of the Senate,
on the one part, and on the other by his Majesty the P^mperor of all the
250
SEAL FISHKRIKS IN HKRINO SEA.
Rirssias, the ratifications sliall be ex(5han{ro<l at Washington within three
niontiis from the date itereof, or Hooner, it' poHsibh'.
In faith whereof, the resjK v. "e phMiipotentiaries have signed this
convention, and thereto aitixe?] ♦! ^ seals of their amis.
Done at Wasliington, tlie tU'itieth day of iNIareh, in the year of our
Lonl one tlionsand eight hnndred and si.\ty;.«ven.
L. y.j William II. Skwaud.
L. s. Kdova kd ue Stokckl.
V:
No. 11)2.
Jfr. Setcard to Mr. Clatj.
No. 27.*J.] I)E!»AUTMENT OF STATE,
]Vtinliin(/ton, December li3, 18G7.
Siu: y.\u'\\ anxiety had h" (treated in the Unite<l States by the
report that Captain Mellen, nia.ner of the ship Kuropa, a United States
whaling vessel, lias written to the owners of tiie vessel that a party of
Kiissians had established a fishery on the shore near Okhotsk Uity, in
the Sea of Okhotsk; that a Knssian armed steamer has been there and
orden'd the ships all away ; that Llie ciiptain of the steamer said he was
anthorized to drive United States whaleis away from the place; and,
tinally, that the ciiptain of the steamer has tired upon the ship's boat
of the baik Emlearor, of New Hedford.
y\x. I)e Stoeckl, to whom 1 have applied, has no information on the
subjej't. The statements received at this Department ar^^ altogether
vague and without authentication. I will thank yon to ascertain from
the prime minister for foreign afiairs what fonnd.ation, if any, there is
for the statements, and what, precist-Iy, are the instructions «)t' tln^ im-
perial govciiimcnt ai)pertaining to the llshcies in the Sea of Okhotsk.
1 am, sir, etc.,
William II. Seward.
No. VX\.
Mr. Clay 1o Mr. SeicariK
No. IT'i.) Legation of the United States.
St. J*eterxhu}g, January 18, l.StiS.
Sir : I now transmit to you a copy of my note to I'rimie (l(>rt(!hacow
in reference to the Okhotsk allair, and al.so u copy of his reply, thniugh
the adjunct of tlu^ mini.stcrof foreign afiairs lo Ilis Imperial Majesty, M.
de West maun.
I am, sir, your obedient servnnt,
C. M. Clay.
Itlicloitiirn 1 ill Mr. Clny » No. 17S.1
,l/r. Clan '" /''"ffife Oortchacoiv.
Ktrtv. ItiK] Lkoation ok tiik 1'nhki» Statks,
St. I'eterHbunj, liiii»niit, Jitniutrij l.^, IHtJH, ^V. 8.
T1ii> ni)(l«'rMiH[iHMl Iihh tlm lionctr to rttpifMciit to IiIm i'xc«'lIriM'v Friiic« tii)rtrluic«>w»
chiincfllor, etc., to Mis Iinpfrial MiijoNty, «>t*'., th»t he iHiiiHtnicted liy tlioWiiHliiii^toti
SEAL risHEKlKS IN BERING SKA.
251
Gi)v<'rniiu'iit to inform the iinpuriiil Government that miiel> anxioty has Ix-en created
in the IJniteil States hy a roji.irt from Captain Mellon of tliH American wiialinj; Hliip
Knropa, to its owners, that a i»arty of Rns.sianM ha<l eHtabli^slle(l a lishery near tho
city of Okhotsk, in the sea of that name, an<l that a Russian armed Hteamer liaii or-
<1(M'Mil the ships away in the name of the Russian (ioveriimeiit, claiming to he so
anthori/ed ; and that the captain ot said steamer had tired upon tho huats of the hark
Kiuiciiri)!-, of New liedfoni.
Mr. de SirMTki has lieen ahlo to fjive no information upon the siihjcvjt. Tlio Secre-
tary of .still- a<lds that tiie statements riM-iMved at the Depaitment are iilto;rether
vaiiHe and without anthenti(!ation, and he tiierefore rri|inMts (d' the nnder>i;;ned to
ascertain from ids excellency Prince (Jortcdiai'ow wliai are pr. cisely the instructions,
if any, f^iveii hy the Itu.s.iiaii (lovernment in rej^ard to the (isheries in tli<' .sea <d" Ok-
hotsk.
'I'iie .Vmerican minister has the honor, etc.,
C. M. Clay,
[Iiii-IoMiiru 2 ill Mr. ('!.iy'.-< No. IT'i. Tiatishuioii.l
* Mv. Wvximutin to Mr, Clai/.
Till' cliiiiicidlor of the empire, who is sick, as yon Know, my dear jiiin-ral, has
charged me to answer your not«;ot' tin' Ittl ( l.")tii; <d' .laiuiiiry, instant. FIa\ iiijr jisked
(dnniiiHli' ) iii tilt- ministei' of marine iiit'urmiitiim upon tlif ali'.iir ii.imeil in your note,
Admiral Kr.itihr has Just iiifornn'tl us that the minister of marine has not, up to the
jn-i'seiit lime, ;iiiy knowledge of tlie co'illiet (coiijlil) which has t.ikeii plan' i" the si'.»
«if Okhotsk het wi-en the Ivussian and .Van lieaii .«.hips.
Afcepi, etc.,
Wk.stm.wx.
J.VMAIiY ."«, Ht!-<.
No. I'll.
Mr. Si'icKrd to Mr. ('laif.
No. -7S. DkI'AUTMKNT OK Statk,
\Vanhitujt(nt, Fehruart/ \ll, ISIJS.
Sn;: 1 rt'i'iif on rlii.s occa.sioti to my tH.^nurcli No. l'T.'I, wliicli rt'latt'il
to iiilt'iicd lio.stilc (ItMiioii.striifioiis of a Kiis.siiiii ai'iiicd vessel aoaiiisi a
rHitcti States wlialiiio; vessel in the .sea of Okliotsk. That coniinimi-
cation was <jfi'oiin(le(l upon inei'e nunor, whieli t'lirnislieil no details and
was stippoited hy no evidence. I'lituM' (rorteliaeow, in his reply, an-
swered siiltstantialiy that the I'nssiaii (ioverninent had no int'oiination
of the allejfed tMnitliet. and had ^.iveii no oi'ders or diriH'tions under
wliieh any hoslil(>, deiiionstralinns cvuid have i)een made.
At last 1 hav(^ retteived det.iils, wiiieli. however, ari^ very limited, and
testimony whieli is very meomplete. This stil)se<|nent iiitoriiiation is
<;ontaiiM'd in a dispateh (»!' .Mtnoaii L. SmItii, esip, I'lnled States eon."ii
ar llonolnlii, which is a(UM)mpanied by a deposition matie by Manuel
Enos, master of the .Vmerican bark Jdni* In l»riel', Mr. Mnos's .state-
ment pre.M'iil.s the lollowinij laetH. namely; That on the -7 h of .Iidy,
while he was ('riiisin;^ for whales in Shantar liay, and stiintii ijr towards
Silas Uiehard's blnlV, a l{nssian arinetl vessel came totvards bun, iipptir-
*Mitly under full steam, hoisted its llaj; and threw open its ports. An
ot!U'er from tliat Hussiaii ves.sel wtMittni board of tho -fai'd ami onhired
Captain Hnos iminediat(dy on board rh<^ Russian steamer. Tht^ Rnssi.m
tjoinmtinder tlemamled to kut»w the bnsiiuvs's of tln^ liiited Stat»'s \essel
tlier-. (/aptaiii Knos answered that his business w;is whaliujr, wluM'fi-
• For thuHO pupurit mv Dip. Corr., ItMiH, p. 4(W.
252
SEAL FISHERIES IN 15EUING SEA.
upon tlie liuissian coininaiKU'r ordered Captain Eii;»s to leave the liay
witlnn tAventy-four lioiirs, under a tlireat of taking Oaptain KufKi v.itli
his veHsel to Nicohnvasky, or l)h)Ming him out of tlie water, aa the Huh-
sian ca])tain shonhl tiiiuk pro]ier. (3a})tain l<]no8 replied that he ha<l
whaled in those bays for the last seventeen .years, and ha«l lu-ver heard
of any one biinj; driven out or of any purpose of exehulin;,' whalers.
Ca]>tain Knos theretipon innne«liatelv h'tt Shantar Hay.
Captain Knos further says that he afterwards learned from some of
the crew of the American bark Endeavor, that they, knowing" nothing;
of the trouble, went into the saujc ]>lac»', Shantar J>ay,afew days after-
wards, and that their boats were tired into by the sanui vessel before
mentioned, and that they were connnanded to leave the bays by threats
to the same effect with those which had been made ajrainst Captain
Enos. The consul transmitting this 8tatenu>nt says that he has been
unable to procure the name of either the Russian vessel or her com-
mander; that he is infornied by the nuisterof the I'^ufjlish bark C'o/>rt«//,
that some Finns, subjects of the Czar, liave a whalin;; station there,
keepiny^ two schooners in the bay and having their trying works on
shore. If we were at liberty to assume these special statements to be
true, and if we were not assured by the Russian Government that the
transa<;tioiis complained of occurred not only without its knowled<r«*,
but without any authority, we should in that case have reason for pro-
found concern.
As the matter stands, with tlie possibility that similar armed hostile
demonstrations may be nuule on the same (juarter, there is reason to
ai)i>reheiHl that discontent i»ill arise, ami i)erhapscontiict nuiy occur be-
tween citizens of the United States and the subjects of Russia in the
sea of Okhotsk. >«'othinfj: could be more inconvenient than such dilli-
('ulties at the present monuMit, as 1 am well assured nothinj? could bo
nu)re sincerely deprecat-d i)y the liussian (iroverument.
You will give a copy of tliis communication to Prince Gortchacow,
and of its accompaninuMits, Ct)nsul Smith's dispatch and Captain Enos's
deposition, and invite Prince (iortchacow to give his attention to the
sanu' at his reasoimble convenience.
1 am, sir, etc.,
William IT. Sewakt).
No. P.).">.
!/>•, CUiji to Mr. Seward,
No. ] 83. 1
LE(JA'J'I0N f»F THE UNITED STATE !,
tit. rctershury, March LM), 18GS.
Sir: Today 1 receive«l from Piin<;e (iortclnu'ow a note of this date,
in referi'iu'e to the alfairsof tlu'Jaiva, in the Sea of Okhotsk. I inclose
you a translation of the same from tlu^ FriMich.
I am, sir, etc., C. M. Clav.
|Iii( IiiHiui' ill Mi.(JIii.v'h No. IKt. — Tniimliitiou.j
l-'riinT (lorlchorow to Mi. ( Itii/,
»
St. l'KTKU8Ul'lt<i, March f*, l-tJH.
Hy liit* iioti' (>rMan'li 4 (Ki) inHfiml, Mr. Clay, ciiviiy cxtraonliiiary iiixl iniiiintor
)ilciii)iotfiitiaiy i>r till' Inileil Stali-s oi' Aiiii-i'i< a, lias traii.>iiiiltiMl to the iniiMTiul
SKAL FISHKRIES I\ UERING SEA.
25a
:;op_v of atliiii-aicli from Mr. .Scwiinl, accompiiiiied with <lociiiuei)ts relative
)>laiiit of ;A( '.'(r EiioH, (-.■iptiiiii of an Ariicru^aii wlialtT, upon th«' suhjuct r.f
(' -.: -. I Li .i I .. ..: »'\ .-i* ... I. : .. 1. I. .. I.„ .1 1 1. . ..I .:....* *l. ..
ministry a co|
to tlio coin]).,. , -"I , ................ ...J,,... ,,.
iiiiiaNurt's o( ri'^or (*' fh' mcMinrn 'Ir lif/riir'') ni' wU'w.h hn had hi'cn ihn object on tlic
part of a veHst-l of tlic iniperiiil iiiarinc in thi> waters of the Sea of Okliotsk. In re-
sponse to tiiat cominnnication, the nni1erHi;iiie(i, clian* elior of the Empire, lias the
honor to inform Mr I lay that, tlie imperial minisiry has not received, up to this time,
the infornwition which, from the r<'cepti m of his tirst note of tiie l^th of January, it
hastened to demand (d" tlie (•onii)etent autjioriiics rel.itive lo tliat allair.
As soon as tlie reports of these aniliorities siiall reacth him, the undt^r^i^jned will
lose no time {ii'nii))nnxrru) in commnnicatin;;; th» ni to Mr. Clay.
lie seizes, etc.,
• (iuirrc iiACow.
No. 190.
Mr. Clai/ to Mr. Seicard.
No. 199.] LEtJATlON OF THE L'MTEI) StA'I'ES,
.S7. I'dcrnhurii, AiujHHt 14, 1808.
Sir: 1 lioroiii inclose yon a truiislatioti of the note, from the French,
of Mr. tie We.stinann, actin^ minister of foi'eif^n allaiis, etc., anda coi>y
of my response, in reference to the j.vllair in tite Sea of OUholsk.
1 am, sir, etc.,
C. M. Clay.
[Iiiclii.suro 1 in Mr. Claj-'s No. 191'. — Ti':iiisl:itii>ii. j
Mr. W^'Hlni'inn to Mr. *'l(il'>
The nndcrsi^^ned, actin<j minister of foreign alVairs, in referrin.u; to tlie mite which
General Clay, envoy extraordinary and minister idenipotentiary of tlit! IJnitetl .states
of America, was pleased to address to the cliancellor of t he Empire, dat(ul the 4th
(Kith) of March uUimo, has the honor to inform him that he has lieeii put in posses-
sion of advices which, ai-cordin^ to thiMlesire of the federal ;joveriiment, the im]ierial
eal»inot hastened to ask of the minister of marine concermnj; the incidiMit occiiirin;;
ill the Sea of Okhotsk", hetween an American whaler and aship of the imperial luivy.
These are the circumstances: The schooner .llrmit, under the comnumd of liieuten-
ant Etoline, had lieen sent in commission from Nikolaievsk to Oudrk. The abun-
dance of lloatin>{ ice liavinj^ forced him to enter into thc! {juif of Toujjoursh, he mere
met, the 14th of July, at about twenty miles to the south of tlii! straits of CJhautarsk,
near the eastern ct>asr, the American whaler Jnra, occupied in remhiriuK the oil of a
cai>tureil whale. Consideririfj; tluit forei^(u whalers are forhitUlen l)y the laws in force
to lish in the Russian jjulfs and bays at a distance less than three miles from tlie
shore, where the rij^ht of ti.shinjj i.s exclusively reserved to Russian sulyects, Lieuten-
ant Et«dine warned (i«n7(j) the captain of t^ie ./(ira to "bear otf" from the itulf of
Toujfonrsh, which he at once diti. The same day the About made forthe bay ot Maw-
gon, where anived, on the next day, the .Vmeric.an whale-schooiuT Cantlinc Foot,
who.se captain, accompanied by the captain of the Jitni, called on Lieutenant iltoline
and dedareil that he Inid no nj;ht to prevent them from lishiiij; for wli.iles wherevei'
they liked. Lieutenant Etoline replied that there were in that respect established
rules (rciilcx), and if they insisted, absoliilciy. upon lireakiii),; them, tliat he would be
com]ielled to jirevent 'hem. The cap! liu of t I'.e scliuoner rn/o'iiK /'"'lof jiretendinj;
((illdiit pnlindii) that ho had entered into the iiay of Toiij^oiirsh in eouse<|ueneo of "de-
viations IVom his cour.se," Lienlen.aut lOtoliue olVered :it once all assistance in his
jtower; ami, upon rei|uest, delivered him si-ven poods of biscuit Irom the stoics of tlie
AliDiit. After which the two ships aj^ain wt'iit to sea. The llUh of July, that is, four
days afterwards, t he .schooner .//lo/i/ met a whale, upon which the comm.inder caused
atrial tiro to bt; madi-. At the same moment w.is neen, at al out sixteen miles' distance,
a sail, n:ime unknown, .'iml neaiei, three "clialou|»es," tlie ne:irest of which was at
least three miles in advance in the dinciion of the cannon tire. In theeveniujj all
these ships had disappeared. Tluit incident is registered in the books of the .//com/
in the fidlowiii;; terms: "The liltli of .luiy, ai 'J in .he eseninjr, at anchor in the bay
of MawgoiLs, tired a cannon shot for practice al u whale atloat."
254
SEAL FISHERIES IX UERING SEA.
I
iiiool tlic cxiM riiiD'iiial shot fniiii llic Ahitiil. Itiit it i.s iiH'oiiO'stiiblf iliat the cdin-
niaiidcr ol llic Jhoiil wn.s acting,' in liis lijilit wIumi lie rciiiiiidiMl ilio Aiiicriraiis (if the
lawH in vi;;(ir, and liis <ddi;;atiiins to cansc tJH-ni lo ifs]i<'ct llicni. Ho certainly has
not traiisfcndt'd tlir liniilsof iiis ri;ilii.s in tiling, lour da,v« al'ttTwards, a trial shot
nimn a Ihiatinji whale in K'lissian wattrs.
Ho had no intention h\ tliat of j^ivin^i' the Anierieati whah'fH a warnin;:; (tivcrtinnf-
mviit), n.seless heeanse they were ont ot dil'lieiilly, anil since tin- distanei' winch .sepa-
rated the Aldiiil from the shijis and the ■' ehaloiijies "' in view at the time excluded
all snch intentions. Lieutenant iOloIine had taken in their hehalf |iroeeedin<;s eon-
iorniahk) to the ;;ood lelalions heiween the two eonntiies, .siin;e he ha<l oli'ered them
liis asj^iHtunce in repairiufi their deviations IVoni their course, and in jirovidintc them
witli iiro\ isions. I'iiiaily, t he commander (d' the .tlroiil has not thou<;ht it necessary
to int'orm the anthoriticN of that incldeni, heeausf^ it appeared to liim of no impor-
tance {iiiKii;iiiti(iiil), and lieeause on his ]iart lie was conscious of not haviii<j tran-
scended his ri<:hts, nor < f having heen \\antin<: in his duty.
The nndersi^iiied llattcrs himself with the hii|ie ihat the Tcderal (iovi-rnment, in-
formed <d" these detail>, will consider the atVair as settled (riiuiilt )it CDiiiiiif vi(li'\.
He Ki'izes at the same tinu' this occasion to renew, etc.,
\Vl'.><rMANN.
St. ri:TKi!suri:<;, .liilj'M, 18()8.
(Iiiclos ue 'J in Mr. Cliij s Xo. 199.]
Mr. Clai/ lo Mr. WiNtmanii.
I.I.dAIION OK TIIK UMTKI> STATK.S.
St. J'rlnnhiiry, Any nut 'i (14), IBliH.
The ninlersinned lias tli(> lionor to a(d\nowledj:e the receipt of note No. 'Z^M^ of his
excellency, M. «!i Weslmanii, aclinj; ndnister ol foreign all'.iirs, et<;., dateil .July :U.
nltiuio, Ifdis, (). S., in refereiieo to the atiair iu tho Sea of Okhotsk, which he will
hasti'U to lay hefoni his (Government.
Whilst the United Stales aie Justly Jeahuis of jill their marilimo rijihts, the Ameri-
can minister helievcs thai his (iovernmeiit. iiaviii<i had many si;inal jirools of tho
I'riendly sentimenis of His IiiMieri.il Majesty's n.-ivy, w ill he slow to hclieve iliut th^y
or any jiorlion of His Iinpe- ,ii Majesty's sul'Jecis will tlesiyiirdly iiivaili' them,
'liio ininister ol the I iiited Stales hej^s, etc.,
C. M. Cl.AY.
ri
No. 1!)7.
Mr. SHiUrd to Mr. Clay,
No. 2{)o.\ Depaimmknt of State,
Wdslti Hilton, Aui/UNt 'M, I'^^OS,
SiU: 1 liavo tho honor to iickiiowh'djje tin' n-ccipt of yom'di.-^piitch of
the 14th of Aiijiiiist, No. IJ)'.), \vl:i( li i.s iU'compiiiiitMl by ii note wliich was
i»<hli«'s.s«'<l to yoti on the .'U.st ttf .Inly la.st, by 31. th' Wi'stinann, aetiiijj:
i/ini.stei- of forcij;!! allaiis, and w hicli contain.s tho hni;; lo(»k»Ml for cx-
jthinHtion of the coMi.sion which occiiiit'*! in tho Soa of Okhotsk bctwei'ii
tho ooinnninthmt of a Kn.s.sian .ship of war antl two Unitod Stiitos whal-
iua vosisoks, an<l wiiich wti.s math' a snbjoot «»f inipiiry by tlii.s Govorn-
nuMit. In Hnb.stnnt'o tho o.xplanation is, that Lionlotnint I'itolino, ooiii-
mandin}; the iJussian war schoonor Altout, on tho 11th of July, 1807,
■
SEAL FISIIKUIKS IN IIKRING SEA.
255
Kl
was eiiteriiijj the {jnlf of Tou«jonrisli, uikI \a*}1.s about twenty inileato tlie
north of the straits of Chaiitarsk, near the eastern coast, w lien he dis-
covered the United States wlialiiijj ship Jara occnpietl there in render-
injj tlie oil of a eaptnre<l whaU'. The lieiitenunt had n«) special orders
or instructions or char}j:e from his jictvcrmnent concerniiijj these United
States whah'rs, or indceil any wliah-rs, in Russian waters far from or
near the (!oast of Kussia. Movnl, ho\v«'ver, by tlie consi<leratioii that
lliissia enjoys the unih'iiiabk'rijiht ofadmiralty in all waters lyinj; within
three miles of her teriitory, Lieutenant Ktoiine warned the <;aptaiti of
the Jrti'rt to bear otf from the j^nilf of Touyoursh. Tlu^ (laptain of the
Jara immediately moved away, in prompt compliance with tliis warninj;.
< )n the next day the Alcout was in the Itay of Maw^iou. Tiie ciiptain
of the Tnited ^^tates winding' schooner Caroline Foot a<'(!om|>ani('d the
captain of the t/ara, who called upon Lieutenant l^toliiu'. Then Lieu-
tenant Etoline represents that the captain of the rfava ou that occasion
reiuiirkeil that Lieutenant ICtoline had no n-^ht to prevent their tishiu};
for whales wlu-rever tlu'y liked. In reply to this ^<MU'ral assertion
Lieutenant Ktolint^ said tiiat there aie n';;nlati()ns, and that if the eaj)-
tainsof the whalers slioidd insist <»n l)reakii).i:' those re<;ulations he would
be obli^i'ctl to pre\'ent them. Here the conversation ended. 'I'hns tar
nothinji' was done by either of the captains of the whalin^j^ vessels whicdi
could be consider<'<l as an invasion or violation of Ivussian jurisdictimi.
The conversation was a desidtory one, liavinu,- n<» juactiital beariufrupon
any i)ioceetlinj:: ever before or atler attenipted, t)r even contemplated,
by either i)arty.
The i)arties, indeed, have mutually expressed themselves with some
iiuliscretion. Lieutenant lOtoline does not allef^ethat the w halin;,' ship
Jara was within .'{ miles of the shore when he wariu'd her to bear otf.
On the other hand, the ca|)taiu of the Jara sj)oke unwarrantaldy when
by implication he denied that tin* IJussian authoriti<'s have a ri{;ht to
l)revent foreijjn vessels from tishin^ for whales within A marine miles
of their own shore. Lieutenatit Kt()line then otfeied assistance and
furnished ijrovision to the schooner Caroline Foot, which vessel was then
in ilistress; this proceedin;^ was (Muiimendalile, and it is api)reciated by
this viovernnuMit. Here this merely accideidal interc(uirse between the
commanders of the Aleont and of tlu' I'uited States whalers Jara and
Caroline Foot i)ractically emled, and certaiidy without havin<x olferecf
any serious jjround of complaint to the (Jovernment of either party
aj^ainst the other. The transaction, neverlheless, had a sequel, and
this scijuel resulted in a misun<lerstandin}; on the part of the cajjtains
of the whalers, l-'onr <la\s alter Ihe vessels had parted in the hay of
Mawjfon {hit A Iron t met a whale alloat. 'J'lu* commander ordered a.
cannon to he tired at the whale by way of a trial shot. At the same
inonu'ut there appeared, at about 1(» miles distance, a sail, tnime un-
known, and nearer, three chaloupes, the nearest of which was more than
3 miles distant from the Alront, but all in the <lirec,tion of the cannon-
shot, in the evening'' all of the vessels had disappeaicd. It is to be
jtresumed that the Jara was one of those vessels. The captain of the
,fara, hearinj>- the report ol this trial lire of the Aleout, seemed to have
referred it to thecouversation he had had foui'days Itefsii wiili Lieuten-
ant I'itoline, ami so he has, not unnaturally, represeiKctl 'he tr.ii!H:'c:ion
to this (b)vernment as one in v.hich tlu' Itussian otlicei' had tired uj»on his
whalinj; vessel with an intention Jo drive him from the Sea of Okhotsk.
Jiieutenant lOtoline disavows ami denies the coiiclriu'ticui thus ) ul
upon his pr()ceedin,!,nn tlu^ transacti(Mi,aml theilenial is rendered entirely
credible by the fact that he set down oidy the fact of his tiriny; at the
256
SEAL FISHERIES IN BERING SEA.
wbalo in his log-book and of the veaaele. seen in tlie distance; nor did
he think his proceeding of sucli importance or interest as to report it to
bis Government, and '.:. .vas surprised wlien informed of the construc-
tion which tlie captain of the Java ha«l put upon it.
In any «'ase, tlie disavowal by the Russian Government of any hos-
tile or unfriendly direction, instruction, or sanction of any proceeding
or intention unfriendly to the United States is quite abundant for the
satisfaction of this Government.
You will give a copy of this communication to Mr. de Westmann.
I am, sir, etc.,
William U. Seward.
Xo. 198.
> >•*
'♦«
Treaty bvtiveen the United States and Great Britain, concluded at Wash-
in ffton May 8, 1.S71.
Article XXVI.
The navigation of the river St. Lawrence, ascending and descending,
from the forty tifth parallel of north latitude, where it ceases to form
the boundary between the two countries, from, to, and into the sea,
shall forever remain free and oi)en for the purposes of commerce to the
citizens of the United States, subject to any laws aiul regulations of
Great Britain or of tlie Dominion of Canada, not inconsistent with such
privilege of free navigation.
The navigation of tlie rivers Yukon, Porcupine, and Stikine, ascend-
ing and desceuiling, from, to, and into the sea, shall forever remain free
and open for the purposes of commerce to the subjects of Her Britannic
Majesty and to the citizens of the United States, subject to any laws
and regulations of either country within its own territory, not incon-
sistent with such privilege of free navigation.
>ii
No. 199.
Mr. Hoffman to Mr. Evarts.
[Extract.]
No. 44.] Legation of tub United States,
*S7. r€tcrsl)Hrg, June 10. 1878. (Received June 29.)
Sir: My attention has been called by an intelligent American mer-
chant, long resident at Vladivostock, on the Gulf of Corea, to the whale
and other tivsheries of the Sea of Okhotsk. The restoration of our ship-
l)ing interests to their former prosperity is a matter which I know you
have so much at heart, that I do not hesitate to call your attention to
the subject. ]My information is tlerived from the archives of this lega-
tion and from the gentleman in question.
In December, 18G7, there was much feeling excited in the United
States by the rumor that American whalers had been ordered ont of
the Sea of Okhotsk and their boats tire<l upon by a Russian cruiser.
Mr. Seward instructed Mr. Clay, then United States minister at this
SEAL FISITEIJIES IN HERIXO SEA.
257
is lega-
Uiiited
out of
jruisoi".
at thi8
YV
])08t, to briiijj the matter to the attention of the KtUMsiaii Goveriiineiit.
Prince Gortchakoft" replied tliiit lie knew nothing of tlie occurrence iii
question, but that no orders had been given to drive foreign fishing
vessels from the Sea of Okhotsk. Later Mr. Seward sigain wrote to i\Ir.
Clay that he had now learned the facts of the case, which he proceeded
to detail. It ai>pear8 that the American whaler J^rf, Captain Enos,
while in Shantar l>ay, had been ortleied out by a liussian armed vessel,
and that on the next day her boats had been tired on in the open sea.
Mr. Clay brought the matter to the attention of the liussian Govern-
ment, and in due time received its explanation. It appeared tliJit Lieu-
tenant Ktholin, of the ariued schooner AJeout, without special orders,
had umlertaken to enforce ais undoubted i)rincipleof interiuitioiuU law,
and had ordered the Jara, engaged in tishing in the Gulf of Tongolsk
and within three miles of the shore, to leave tluit gulf; and that the lu^xt
day, as he was practicing with his guns, he tired in the direction of the
boats of an American whaler, but at such a distance that it was impos-
sible for his shot to reach them. ]Mr. Seward appears to have accepted
the explanation as satisfactory, and tlui matter <lroppe«l.
l>ut the incident seems to luive called Mr. Seward's attention to the
subject of our fisheries in the northern racitic, and with that fore-
thought which distinguished him, he i)roposed to IJarou Stoeckl, then
Itussian minister at Washington, the "projet" of a treaty to regulate
these fisheries. Baron Stoeckl was on the jmint of visiting St. Peters-
burg, and Mr. Seward requested him to bring the matter to the atten-
tion of Prince Gortchakotf.
In his memorandum of reasons for the proposed treaty Mr. Seward
speaks of the great danger of leaving questions like this unsettled, on
account of the bitterness and discord they arc so apt to breed. He
states that the fisheries of the north Atlantic have been, from the begin-
ning of our national existence and still are, a source of ditliculty and
danger to the good relations of the United States and (ireat Britain ;
and adds that in the absence of a treaty each power will be apt, as
Canada and Kova Scotia had done, to enact laws aimed spitefully at
the fishermen of the other friendly nation, "sncsh exasi>erating laws be-
ing in time of })eaco equivalent in si)irit to the arbitrary laws alfcjcting
trade which belligerents bring into operation when they engage in war."
Fov this correspondence and ])ro])()S('d treaty, or rather an analysis of
it and reasons therefor, see No. L'T.'i, J)ecember, l.S(>7; Xo. UTS, Feliruary,
18(18; Xo.28!), .Tune, 1808; ^'o. L'!)r>, August, 18(58, and No. M'J, OctobeV,
18(18, and nieniorandum attached thcreio.
The records of this legation do not show what fnrtlicr st(>i)s, if any,
were taken in icgard to tlie piojrcti'd treaty. No doubt soiini record on
this subject is to l)e found in (lu^ Department, or perhaps Mr Frederick
W. Seward may be able to give you the information IVoin iiieiiMiiy.
;iMay 1 be iierniitted to suggest tiiat the present is a lav'>ia'»le oppor-
tunity to reiu'w tlies<^ negotiations. IJussia is very friendly towards
the LTnited States. I am not prepared to say that the lisheries upoa
our coast — excejit the whale lisliery — are of less valne than than those
upon the Kns^iaii coast ; but I am conlident that our lishermen, witli
their usual enterprise, will use these much more than the Kussians would
use ours.
However this may be, it is certain that the Sea of Okhotsk and the
east coast of Kanudiatka teem with fish. The king-salmon is found in
the latter, a delicious fish, reaching as high as I'JO pounds in weight;
and so abundant are the salmon, that a boat load of one hundred fish,
averaging 10 pounds, may be bougiit for 3 rubles — $1.50. But probably
%. E\. lOG 17
258
sp:al fisheries in herixo hea.
'• \y-
tlie most valuable fishery of all is the cod, lor I believe it \r not found on
our I'aciflc coast, and there is pre.at demand for this tish in San Fran-
cisco. Several boatsfrom that city are nowen<jajjed in this flsherj*, and
KO profitable is it, that the number is constantly and rapidly increasing.
The fish are taken oil" the southwest coast of Kamchatka in the open
sea, thrown into the hold, and s.alted. No doubt an effort will soon be
made to carry them to San Francisco alive.
I have, etc.,
WicKHAM Hoffman.
No. 200.
Mr. Frdbujhuyiten to Mr. Ilofi'man.
No. IL'O.j Department of State,
Washington, March 7, 1882.
Sir : I inclose copies of letters from the Treasury, and a copy of a
letter Irom IMessrs. Lynde & Hough, of San Francisco, to the Secretary
of the Treasury, touching the Tacitic coast fisheries. This latter com-
munication stales that according to late news *' foreign vessels must
receive an order from the governor of Siberia, besides paying duties of
$10 i)er ton on all fish caught in Russian waters," which they say would
be ruinous to their business. Jn view of the above, I have to ask that
you will make immediate inquiry on this subject, and report the facts.
Jf a brief telegram will furnish information of value to our fishermen in
this reg.ard, you can send one.
1 am, etc.,
FRED'K T. FRELIN(M1UVSEN.
[IiidoBiire 1 in Xo. 120.]
Mr, I'ohjcv to Mr. Frifl\n(jhu\i»tn.
TllKASUHY DkI'A ItTMKXr,
February '2, 1882.
SiK: I have tlic! honor to acknowlod^jo tlio rci-j-ipt of your li'Ker of tli« 3(1 iiltitno.
truiiNmittinn u c()|)y of a <lis)tat('li of tlio til.st of November lant from tlio iiiiiiistcr of
tlio lJnit«'<l .StjitcM at Tolu'i, .Japan, with ifw iiichmure, lelativo to the iiotict^ jriviMi by
tho ItiiHHiau con.siil at Yokoliaiua in rt-fereiico to the licensing of foreign veHseLs trail-
ing, inmling, or li.sliing on ih(! Asiatic coast of KiisHia.
I have to inform yon lliat this L)ej)artment lias i.sHned circnhir in.strnctioiis to col-
h^ctor.s of ciiHtoniH and otlii-rs at every port throtighont the conntry, to which the
Rns.sian consnl'ii notice in Hnl>joincd, dated January 'M, 18H'i, and I inclOMe herewith
six co])ie.s of the circniar.
V^ery respectfully,
Chas. .J. Foloek.
fJirculur.)
Pirmil required for ItiiiiHitij, trailing, and fishimj on Jiuaaian coaata of the Okhotak and
Jleliriny Hiaa.
TicKASUHV Dkpauimknt, Okfick ok tiik Skckktauv,
U'aaliington, IK C, Jifnuari/ ;{0, 18H:i.
To Cor.LKCTOE.s ov (ir.sroMs ani» Otukhs:
The Hulijoined notice by the RiisHian consul at Yokohama, that American vessels
are not allowed, without a special permit or liccnso from the governor-g<(ticrul of
SKAL FISHERIES IN BERING SEA.
259
Enstprn Sil»('ii:i, "to eariy on hmitiiij;. triidiiij;, rmliiiifj, etc., on tlin Uiissiiin coastH,
or iMlamlH in tlio OkliotNk or IW-lniiij; S<'aH, or on the northfiiKtern (Mtant of Asia, or
williin tlio Bea-lioinulary lini'," in pnliiiNlu-d by tlio Department for the information
of Arncriran Hlii|»-maHt«'is int<'rf8t((l.
It will \hi obfiorved tbat the Knssian ordor took fd'oct on January 1, \f*r'>.
ClIAil. J. Fol.OKIl,
iUfcrttars/,
NOTICK.
At tho rccpicHt of tho local anthoriticH of IStdirin^ and oth(>r islandH, tho niKbirsiirni-d
h«n'l»y notitit'H that the Russian Imperial Uoveniment publishes, for general knowl-
e(l(re, the followinf; :
I. Without a special permit or license from tho <j;<»vernor-jQ;»)nerul of Eastern Siberia,
foreign vesstdH are not allowed to carry on tracling, linntiug, iisbing, etc., oii the
Russian coast or islands in the Okhotsk and liehring Seas, or on the northeastern
coast of Asia, or within their sea-boundary line.
II. For such permits or licenses, foreign vessels should apply to Vladivostok, ex-
clusively.
III. In the port of Tetropanlovsk, though being the only port of entry in Kamt-
schutka, such ]M>rmits or licenses shall not be issued.
IV. No permits or licenseH whatever shall bo issued for hunting, fishing, or trading
at or on the Commodore and Robben islautls.
V. Foreign vessels found trading, tisbing, hunting, etc., in Russian waters, with-
out a license* or permit from thegovernor-geiu'ral, and also those possessi^ig a license
or pi-rmit who may infringe the existing by-laws on hunting, shall be couliscated,
both vessels and < argoes, tor the benefit of the government. This euactuu-nt shall be
enforced henceforth, conimeneing with A.l). IHHi.
VI. Tho enforcement of the above will bo intrusted to Russian men-of-war, and
also to Russian merchant-vessels, which, for that purpose, will carry military detach-
ments and be provided with proper instiuctiuns.
A. Tki-IKax,
JI. 1. Ji. M. Consul .
Yokohama, Xovember 15, IS-il.
I IiiL'loRure 2 in So. V20. |
Mv. J'olficr to Mr, FrvUinjhuijHen.
TURASL'UY DF.rAKT.MKNT,
Fehnuiri/ \>i, IH&2.
Siu: I have the honor to inclose herewith, for such notion in the case as you may
deem propter, a letter frou» Messrs. Lyndo & Hough, of San Francisco, Cal.. stating
that they are extensively engaged in the I'acific coast cod-tisheries, and that they
will tit out their vessels, to sail about the 1st of May next, in that enterprise, in which
they have never been molosted; but they now learn that foreign vessels must receive
an order from the governor t>f Siberia, besides ]»ay a duty of §10 per ton on all lisn
caught in Russian waters, whic.'i, if sustained, will be ruinous.
Very respectfully,
ClIAS. J. FOI.OKU,
Si'vretnry.
|InL'lo8ur<-niii Xo. 120.1
Meitgra. Li/nile <f- Ilouijh to ^fl•. I'ohjer.
San Francisco, l\hniar\j 15, 188*2.
SiK : You will please pardon us for this aeeming intrusion, but the matter in which
we now seek your aitl nud kind assistance is of great import to ns.
We now are and have been extensively engaged in tlio I'acilic coast cod-lisherics,
and, in fact, are among the very few who fifteen years ago started in a small way,
believing with energy and fair dealing we c<uild work up an enterprise that would bo
a benefit to the coast. Our ideas were correct. We have been yearly sending vessels
to the coast of Kamchatka (Sea of Okhotsk) for fish. We never have been molested
ill Russian waters from catching codfish or |irocuriug bait, which are small salmon in
the rivers, or tilling fresh water for use of ship, but it appoarsnow there is a law which
has never been enforced against foreigners, the same wo have recently noted, and
2C0
SEAL FISIIKRIKH IN HKRINC} SKA.
which wi< have lifcii ii|i|iii.>*cMl of, iiiiil tlitt HiiliHtuiicit \h tliat t'<ir«M);ii vcsnoIh iniiHt ro-
ccivo an ordi-r iVom tlio ;;(i\»'riior ol" Silitiiiji, ln-siilcs imi-.t i>uy u <liit,v <»!" ijl*' p<'i' ton
on all lihli ('aiii;lit in Kn.HMian walers, 'I'liin ilccrcc, if HiiHtuinfil, \h rninouM to oiio of
rlin lifMt and lisin^ imlnstiics of tlir (toaNt, and as wo lit onr vi-hmcIh to Hail about iHt
lit' May, Ifavcs iih lint llltli' ciianci^ to an'an;;c matters I Ills soason Havo willi your kind
ansistancc in tin' niatttT. Onr IniMirn'ss is llsjiiii^ I'litircly. Wt< nso notrado witliiia-
tivt's, has in<r notiiin;; to do witli tin* tal^in;; or pnrclniNin;; of furs. At tliis tiino we
an* plai-i'd in a very l>ad |ir<>ilii-ainiMit. 'i'liiMiin;; tliat yoii can ridiuvu iin from tliiHoiii-
barrassincnt, ami iccfi\i« an i-arly reply on tin; sniiject,
\Vr are, ete.,
Lynoi-, & Hoioii.
I'. S.— Onr vessels lisli from 10 to 'J.'i miles from slmre.
No. L'Ol.
Mr. lIolTmnn to Mr. Fn'Iiii(iliiii/s('n.
Ko. L'(I7.| LF.aATioN or thk Unitkd Statks,
St. Vvtcrshnr!/^ March 11, 18S2. (Ut't'oived April 3.)
Siu: I Jiiivc tlu' lioiior to .'t<',kii()\vl«'<l;,M^ the receipt <»f a cinMilar of the
Treasury Department of .laiiiiary .'K) last upon lli(5 siiljjeet of fishiiij;,
etc., ill \]n' ISeliriii;; iSea and in the Sea of Okhotsk.
1 am al)hi to o-ive the Department some little inCormatioii npon this
siihjeet, (leiived iieaily four years aj^o from Mr. Charles H. Smith, for
many years a ri-sideiit of V'^ladivostok, and at one time our consul or
vicecfuisui at that port.
A glance at the map will show that the Kurilo Islands are dotted
across the entrance to the Sea of Okhotsk the entire distance from Japan
on tlu^ south to the southernmost cape of Kainehatka on the north.
In the time when Jiussia owne<l the whole of these islands her repre-
sentatives in Siheria claimed that the Sea of Okhotsk was a mare c'tu-
xnm, for that liussian jurisdiction extended from island to island an<l
over two marine leajjues of intermediate sea from Japan to Kamchatka.
I >ut about five years aj,'o Russia (ieded the southern ffroiipof these
islands to Jajian in return for the half of the island of Saghalien, which
l»elonj,'ed to that ]K)wer.
As soon as this was done it became impossible, for the Siberian au-
thorities to maintain their <'laim. iMy informant was not aware that
this claim had ever been seriously made at St. I'etersbiir};.
The best wiialiiij; grounds arc found in the bays ami inlets of the Sea
of Okhotsk. Into these the Russian (lovernmenr does not permit for-
eioii whalers to enter, upon the ground that the eiilraiXMi totliem, IV(»in
headland ro headland, is less than two marine leagues wide. Rut whiU^
they jn'riiiit no foreign whalers to ju'iietrate into these bays, they avail
themselves (»f their wealth very little. TIk^ whole privilege of whaling
in those , aters is a monopoly, «)\viied by an unimportant (!(»nipany,
which employs two »)r three sailing sirhooners only, the trying and ot her
lab(ui(ais woik being d(uie at their stations on shore.
Referring to my No. 4 l. of June, 1.S7S, I have the honor to adil that
Raron Stoeckl told me in conversation last winter that we failed to make
a fishing treaty with liussia in IfSdS, principally on account of the vested
interests of this ccunpany.
Mr. C. II. Smith now resides at (Ireat Falls, N. H., and wouhl be glad,
I am sure, to put his information at the service of the Department.
I am, sir, etc.,
WlCKlIAM IIpFFMAN.
8EAL FISHKRIKH IN BEHING SKA.
261
No. L'Ol'.
Mr. Ilofman to Mr. FfcUiKjhuysrn. *
!No. L'll.| liKOATioN OF riiK Unitkd Statks,
St. I'vtcrshun/, March 27, l^fi'J. (Kweived April KJ.)
SiK : I liavii the honor to nckiiowlcdfj;!' th(^ rt'ccipt of your No. 1L'<>,
with its iiiclosures, ill rt'lV'ri'iH'*' tt» our I'sicilii! Occiiii li.slieri«'s. Your
dispatch rcachcil inc yestfrday, and tt)-(hiy I liav*< written to Mr.
du (iitM'N upon tlio std)je(;t, and I ]>ropos(> to call upon liini upon his
lirst reception da.v . In the nu'an time, and until further infornnition, 1
<lo not s'-e that ai y new orders necessarily allectinjiour lisherinen have
l)een is ;ed by the Kussian (Joverniuent. ^lessrs. Lynde «S: lloujjh
lniv»5 api)areutly f;iveu insullicient attention to the wor«ls "Jlussian
waters." These waters ar«' defined in the notice published by the iin-
l)erial vice consulate at Yokohatna, as follows :
I'isliinjr, etc., (Ill tlio Kussian ciuist- or islniHls ii\ tln^ Okliotsk anil IJcIiriiifj Soa«, or
on tilt' iioillicaHtfrn cohhI of Ania, t»r witliin tlit'ir h<;ii ImiUKliuy Mm'.
If I re(!ollect correctly the infornniti(Mi fi'iven nn^ by ]\rr. Sndth upon
this subject, referred to in my No. 41, of dune, IS7.S, and in my No. LM»7,
of this month, the cod baiiks lie in the open Sea of Okhotsk, numy ma-
rine leajiiies olV the southwestern <!oasr, of Kiiinchatka. I observe that
Messrs. Lynde »!s: llouyh state that tlieir vessels llsh IVom 10 to n't nules
from the shoie. At that <listance in an open sea they can nt)t be said
*'to lisli ipon tlu' <!oast."
I do not think that Jfnssia claim.s {liat tlu^ Sosi (»f Okhotsk is a mare
daitsum, over which slu' luis exclusive jurisdiction. If she does, lier
claim is not a tenable one sin(ui the (ieysicm of part of the <;roui) of the
Kurile Islands to tiapan, if it e\ cr were tenable at any time.
I may add that, accordinjjto the information ^iven mo four years a^yo,
Jiussia opi)oscs no objections to ibreiij^n lisher' en landinj; in desert
])laces on the coast of Kamchatka, far from tue few villajjes whicdi
are found on that (!oast, for the i)urposes of cat(;hin;; bait and procur-
ing" fresh water; but she does object to all communi(!ation between
trading;' and lisliiu}; vessels and the iidiabitants, alle^in^i that these
ve.ssels sell them whisky, upon whiish they }j;et drunk and ne;;li'ct their
fishing, their only means of livelihood, and then, with their wives and
children, die of starvation the ensuinj;- winter.
1 am, sir, etc.,
NViriviiAM IIori'MAX.
No. 2(Ki.
.}[r. llolYman io Mr. Frelinohuyseu..
No 228.) LKdATION OF THE I'MTED STATES,
.S7. Pclershurf/, Matj 22, 1.SS2. (Received June (J.)
Sill: lieferrinti: to your No. 120 ami to my Nos. 211 and 215, I have
the honor to forward to you herewith a translation of a note recently
received from M. de (iriers upon the subject of huntiu}^, lishinjjf, and
trading in the Pacitic waters.
I do not see that there is anything in the regulations referred to that
aft'ects oiir whalers, nor our (!od-Hsheries either, excei)t that when they
go ashore to catch small llsh for bait in the streams they expose them-
262
HEAL t'lSHKKIES IN HEIIINU «1:A.
Helves to interruption troni the ItuHHiun uutliorities, who, ilndiii^ them
ill territorial waters, may acense them of having taken their IIhIi therein.
I will endeavor to procure and forward you a trauHlation of the articles
of the code referred to by M. de (liers, that you nuiy have the whole
matter before you. This can not be done, however, under several dnys.
1 am, sir, etc.,
WiCKiiAM Hoi TMAN.
iliuloiiuri) In No. 2'J8.— Transliuiun.l
Ml', de Giem to Mr, Hoffman.
.AIlXISTKY (»K FOIIKKIX AlKAIItfl, ASIATIC DK.rAinMKNT,
Mitji 8 CJO), \f&i.
Sin: Rt'li'irinj; to llio pxcliaiiirt* of (•ntiiniiiiiifiitioiiH wliicli lias tiikiMi placB hetweon
\\H «(ii tlitt Hiil>j<><!t ol'a ii(>ti<'<< )iiililis)i(>il liyoiir coiiniiI at ^'okoliaiiia n^lativit to tiHliin>;,
liiiiitin^, anil to trail*) in the KiiHsian waters of tli<^ I'acilic, aii<l in n^ply l*> tliH note
which yon adilrcHHUil to ni*<, tlali'il March 15 («7), I am uovv in a poHitiou to ^ivo you
the followiiifr int'onnation:
A iioti<'«' oftlm tisnor of that anm-xi'd to your note of tlu* ITith March was, in fact,
piihliHlMMl liy onr oHiHiil at Vokohanni, and <Mir coiiHiil-^encral at Man Fraucioeo i.s
aJNo anthori/.cd to )>tibii^4li it.
Thitt nicMNnro rcftMH only to prohihitctl indnMtricH and to tint tradn in contra hand ;
the rcHtrictions which it cstahliHhcM extend strictly to the territorial waters of HnsHia
only. It was reiiuired l>y the nnnieroiiH ahnses proved in late years, and which f< 11
with all their wei^ht on the popniation of onrsea-shoroand of onr islands, whoso only
n'eans of sn]ipi)rt is by tishinj; and hnntin;;. These ahnses inllicted also a marked
injury on the interests of tln^ ('om]>any to which the Imperial (iovernment had con-
ceded the monopoly of lishin;; and hnntinj; ("exportation ") in islands called the
"Commodore" and the "Seals."
Heyond this new rej^nlation, of which the essi'iitial jKiint is the (d)lijration imjtosed
npon captains of vessels who ilesire to fish and to hnnt in the Russian watttrs of the
Pacific to provide themselves at \'ladivoslok with the i)ermission or license of tho
Hovernor-<;eneral of Oriental .Siheriii, the ri;;lit of lishin);, hnntinj;, and of trade by
foreij;ners in onr territorial waters is rejjnlated by article 5(50 and those foUowinjj, of
volume Vi, pHrtVJ, of the Code of Laws.
Intoiniinj; yon of the jirecedinK, I iiave the honor, etc.,
(Jir.K.s.
Xo. liOi.
Mr. lioiTrnHn to Mr. FreUiu/huyscn.
No. 2.31. J LKftATION OF THE UNITED STATES,
*SY. Pctfrhiin/, June 14, IHSL'. (Received July 3.)
Sir: Keferrinfj to my Xo. L'JS, I hnve the honor to forwanl to you
herewith a tran.slatiou of a note and ini'losure received yesterday from
^l. de (iiers upon the subject of lishinj; and huntiii}; in the llussiaii
Pacific waters. As far as I am at present informed, the Department
lias now before it the whole legislation of lUi.ssia upon the subject.
1 am, sir, etc.,
WiCKIIAM TTOFFMAN.
(Iiiclosiiro in Nn.'j;)!.— Trunsliitiun.J
M. de O'ura to Mr. Hoffman.
MlN'ISTKK OK FollKKiX AFFAIRS, ASIATIC DKrAKTMENT,
June 1 (i:<), lt^H-2.
Sik: In couacqnence of the note which yon addressed to me on the l:U.h (*25th)
Ihlay, relative tc tishiug uud liiuiting in our I'acitio waters, and in which you ex-
sEAi. Fisnr.HiKs m wvaush ska.
2G3
]>roNN(<(I tlio iIi'Hirt' to hiivo a tratiNliitioii of t!i« iirtiitlos (irmirooilu whiitli Kov<>rn Ihn
iiiiitUT, I liiivo tilt) lioiior to tniiiNiiiit to yim liort'witlt ii tiiiiiNlittion oCarticluH 'i(iO,
t!tc., of the coiU", voliiiiit! 12, part '-'.
IJcccivc, sir, etc.,
OlKUH.
ITnumlutloii.]
Anr. r}i]0, Th«» uinritiiiin wattTH, oven wJioii tlinv whmIi liio sliori's wlicro tlit-rc ix n
|M;riiMiHMit po|niIutioii, can not bo tlio Hiihjt^it of privattt |M).sHi*>tNi(iii ; tlicy ant oiicti t(t
tli*< iiso of Olio ami all.
AUT. .")<>l. No i'Xt!0|itinii will be iiuuln to tliiH pMifial riili!, fx-opt niidor tlio form of
Kpiicial |irlviIo)roN granted fur tlio ri^lit of liHliiii;; in cortaiii llxetl localitieH an 1
iluriiif; liinltod pcriodH.
AliT. r>G2. The abovo ro^julation ronanliii^i llio rii;lit of llsliiii;^ ami analogous occu-
pations oil thn Noan oxtuiulH oi|iially to all laUcs which do not bdoii;; to privato |irop
crtios.
Akt. ')(■»'). No roHtriction Hliall bo PHtabliMliod as icjtaidH tlio apjHiratiis (cnjjiiM's)
eiii|doy«Ml for liHliin^ and for analoKoiiN ociMipatioiis in tlio lii^h Ncas, aii*l it Khali bu
itorniittod to ovory oint to iiso for thiH pnrpoHo nikIi ap|ijti'atiiH as ho shall jntlge to bu
IiuHt according to the circiiinHtancoH of tlio locality.
AuT. .^1/1. .Sliiim in <|iiariiiitiiio aro not ]>oniiittod to fish. Tlio Nanio )M'ohi)iition ox-
tends in ^onoial to all persons in tliosu localities whuro ships aro lyiii^ undergoing
i|iiarantine.
No. liO."*.
Mr. Bayard to Mr. Taft.
No. 13.]
Department of State,
Washington, March LM, 1885.
Sir: I inclose si copy of a (li.sputch from Kaiiagawa, Japan, and of
the papers accomi)anyini.r the same, relating to the unwarrantetl seizure
of the .schooner Eliza, the property of a hifrhly respected American cit-
izen doinj; business at Yokohama, .Iai)an, l)y the Kiissian cruiser Raz-
bo'inik, in the Anadyr Kiver, on the lilst July last, and its subsetiuent
"confiscation" by the captain of thecrui.ser without any court of imjuiry.
According to the statenientof the owner the vessei was on a tradin<<r
voyage and catching walrus. No act obnoxious to Itussiau law seems
to have been committed in the ])remises; neither was any article car-
ried by the vessel which couhl have warranted the seizure and confisca-
tion referred to.
The papers have been carefully examined by the law ollicer of the
Department, and, in pursuainto of his advice, 1 have to ask that you
will present the claim of Mr. V. C Spooner, tlie owner of tin; Eliza, for
the favorable consideration of J lis ^lajesty's Government.
"The pecuniary loss to me," says Mr. 8i)ooner in his sworn statement,
"of the vessel and cargo would amount to .i5l(),(KH>, and for this sum,
together with all other expenses that may a|»pear to luive been inourred
through this seizure and confiscation, I wish to make claim on the Itus-
siau dovernment."
I am, etc., T. F. Bayard.
[IncloMiro in No. 13.]
Mr. like to Mr. Bayard.
No. 879.] Unitki> Statks Consulatk-Gknkrai,,
Kanagaiva, Japan, lehruary D, ltW5. (Itoccived March 10.)
Siu: Herewith I have tb« honor to hand yon a comninnioation from Mr. Franciu C.
Spoouer, a highly repcctuble American merchant, for many yu.trs resident and doing
261
SKAL FIRIIKRIKS IN IJKIMNG SI-A.
biiHiiiivsM at Yokoliaina, Japnii, t'om'crniiijj tin- miiziiro liy llif KiiH-tian aiitlioritioH of
llio HcliooinT t!li:ii, llir iir(i|»ri I.\ ul llm saiil S)(o<hut, oh t lir 'Jtltli of .Inly, \>*'^i. I »Ui>
iiicloM' tliK <l('|M)sii ions ol' Aii»t ill Wi'sioii, iiiastcr, and Allu-ii Wixoii, niatc, of said
\«'sncl, fiiviii}; iIh' (Iftail-* of I lie mIkmmiit'.s cniisi' ami licr sriziirt'.
l-'roiii (Iirsc piquTs it wiiiiitl appear iliat llic srliooiiiT was ciii^a^jcil in no illegal
roiniiii'K'i' aiid'Aas viulatin^ no law oi (di!if<;alioii, and that lli<- Miiil Hci/.tim wiih an
art of pirai-y.
I alsii ilirlosi' ('i;t ill I'd copies of I lie liill of s.ili> of Haid Hcliooncr to Mr. Spoon i-r, cci -
f ilicatc ol Aiiicricaii owncr.-,liip, cciiilii-ali- ol cliainii' of name from Aiick J\li:iil'illi to
F.Vko, and <*op.\ of last cit .'"lanee ol'said Helioimer fioni tiiis port.
I i'oinnien<i to faMiraliJe e.r'iNideratioii tlie eiaini ot' the owner for the daniaj;es as
a.Hhcs.sed liy him.
1 have, etc.,
(lEO. K. IJlCK.
I7c('-< 'ii)isiil-<!(>icr<il.
I Iiii'|ii>ini' 1 in Ml. l:ii (r'H No. 870. 1
.llfiiliivil of l\ I'. Sjnoiur,
I, F. C.Spoomi, owner i.r the selioonei- l!li:ii, that left tins puii on ihi'Vlst Maieh
lahl, under iirolerlimi ol' the Ameiiean lla'4, and wassei/ed hy iho ii'iissian erni.Mcr
J,'ii:liiiiiiil.\ in the Anad\r lii'<-r, on tin' ','tilh d;(y of ,)nly Ia^t, do heieliy pmleHl
.i;;aiiisi the seizure us i!le;:al ami iiiiw ;ii rallied, and de.viu^ a lepie'-eiilal ion, l'nrone;h
ilie proper ant horil ies, lo the KtissiMii <io\einmenl.
The ve.ssel wio'simidy on a trading voyaue, eiij;a,i;''d in h.iilerin^ with ih< n.-itivcH
and en tell ill;.; walnis, and as sue h did not ennie nndei' the not ire ol the KiisHian (iov-
eiiinieiit , which was directed against the e.iptiiie of seals on Coppei, K'oldiin,and
lielii iiif^'s Ishinil.
I hand lier<'with i"tHda\il of tho master, Aiisi in NVi'stoii, NU)iporti'd hy liis '-liief of-
lieer. The \ I'Hsel'.s juipers wwo in order and slii< had heeii properly eleared from this
poll, No sail was on l>oarii .ind no piepar.ition lo.ide foi' an ailempl to take neals.
The vessel 'las lieeii eonliseatrd l>.\ the euplaiii of the l,'ii:l>iiiii''l and williont aii.\
court id' in<|niiy, w hieh lii;;h-handed act I lielieve to !».• against tin' l.iw of n. it ions.
The |ieciiiiiaiy loss to ine of tlie \ es-.el and eai^jo would amonni In sill, Hon. and lor
I his sum, to;'el her wil h all o her espenses that may appear to ha\<> heeii ineiirred
throii|rh tills hci/nie ;ind eon. i>e:iiiuii. I w i-<h In ni.ike claim on the U'utsiaii tio\ern
meiil.
I". ('. Sl'iiuNKR.
.Swoin to lieiort) me ihis'JOth Noseuiher, l-'-l.
[sr..\i.. I (ii.M, r.. Hick,
I'nitiil stall H l'ii'r-< 'oiinnl-(li III lit!, haiuiijixivn, Jiijiaii,
lliic :o>ii;p J III Ml. Ui>i-\ No, HTO.l
JOidiiitI I'l' .liit'in /)«'■</()», h.<iH!i r tif Ihv .Iwvriiaii ^iho'iuir I'litii.
T, A list in Weston, lale master of l he ,\nierie;in sehonncr h'i'r.ii, hciii!; duly sworn, do
hereli, alHriu :
Sailed from N'olvohani i Mm eh 'J I, H"'!, \^ ilh a ere w of 14, all l<dd, eonsisi inn of my-
Htdf, v.* oIlieeiM, cook, and In men liel'nre till' mast, limiml on a hnnliii;; and tradin;;
voya(:e to norlheasiern Siluni:i.
My eary;o consist pd of assorted and ;;eneral ^tie.iils such as are rei|uisiie in that sect ion
to iililain w halelione, ivoiy, iind fnrs.
My M'Hsel svas duly cleared iiom tlie ^'okohaiua customs, ihe'.Mst of Maiili, the tl.iy
«)f sailing.
A speeilied iiivo'ee of everylhill^J on hoard was supplied me hefore leiiviiiir. Sailed
for Itehi in^-'.s straits, w us in tli>' ii e pack forl.\ ■nine days, and reached ( 'a|ie Chaplin
on tlie'j:id of. lime, St lii-i << I traileil for hone, ivoiy, I'lirn, ami li'nldier.
Lett ('ha|diu lor St. i.awretiee Kay ami I'.iist ('.ipc, where i ^ot a ^ooil i|Uiiiitity of
liDiic and furs. Jieiiiininn ihroni-h Ilic straits I saih-il to the wesiwjiid, slop|iiii)X at
('a|ie .\iheen, and I li< n inio I he (iulf id Mol\ ('ro-,s, w jir re I lemiiined hcn enleeii diiys
liuntini: and kiiliii)( walrus ; then to the month it tim Anadyr Kiver, w lure I arrived
Mil the '.'ltd .July.
SKAL FISIIKKIKS IN IIKKINO SKA.
2g;
i)
I'mcicilfil ii]> llic liver a few mill's to a villa;^*', tradfil licif, and coiitiimcd on. On
till' 'Jtltli, aliiiiit '2 ]i. III., was lioanlfil by a Imat iVoiii tln< liii.ssiaii iTuisiT Hicboinik
aiitl oitliTiMl to ii')iort on lioaril with my !i>y;-lioi)k ami all sliip jiiiprr-*.
Tlii'Hii coii.sisii'il III' Hliip's art itih's, hill ol' .salt', Vokoliama ('lraraii<-i>, nnil mniiifest
of caij^o ami stori-s.
'I'll ' latti'r was IoiiihI ami iiroilnri'il ii short timo nftcr *'i/.nri', altlioii>;li mislaiil at
llii< tiiiii', ami no alli-m|)t w.is imulr to lonci'al atiytliin;j;.
Tllf vessel was .-It oiiee ileelaieil to lie eonllNeateil, ami I willi a portion of till" new
^vl're taken l>y the Hicho'inih' to i'i'tro|>aiilski ami lamleil. 'I'he reniaimler of die erew
were kejit on hoiiril the sehooiier to work her to \'lailivostok. .\l'ler lieiii;; lweiit,\-
one (lays at I'elropanlxki I was taken a'j:aiii on hoaril the lla:lii>iiiik ami taken to
A'laili vo-.lok and a;;alii M-t at liheiMy. The schooner arrived oil' the haihor the Hanie
day ami was towed in hy the cruiser; wait al'tcrwarilH hauled into doek and every-
thing; taken out ot' her.
Ininiediately mi arrival at Vlailivostok the live men who had heeii detained mi
hoard tlm JUica, to work the vessel, were thrown on the hands of the i:onsiil, and
their expenses there and passa^^e to Vokoliama rel'iised.
I deny the statement in the protoecd that the vessel had neither hill of ladin;; nor
('learaiiee, t'or nlie had hoih.
There was a yreat seari-h made tor na!t as I he most iiii]iortani ail ieln to eaii<,e eoii-
iiHcation, hilt thi'te was none on hoard.
J mailed Iroiii Vokoliama with posiiivi instnirtio,is I'rom m\ owners not loaite!ii)it
any < a|ilme of .seals and to keep away I'lom the islands IVeiinented hy them, know-
ing the K'lissi.-tn (iovei'iiment had forhiddeii i; , depredations. My trad in;; \ nya;;e w ;is
similar to what has lieiii j^oiiiir on for yeais wit noiit molestation from the K'nssian
(ioveinnieiM , and I phad i;;noranee that liie notiee issued and refeiredto in the pro-
tdiol w us inteiiiled to api'ly to any thin;; "xeipt ilie ]iroteit"e.i of t he seal tisliene>.
and )iartienl,'trl\ (o the Copper, JCohliin. and iSehrini.; Nland".
.\r.sii\ \Vi --rn.v.
Sworn to iM'f'ie nil- this •UHli Xovemhii, I--J,
LSKAI.. J (Jko. K. l.'ltK,
I'nltnl Stiilix t'icr-('o)i>'illt!riii i-til, luiiiaijaiiit, JiijKUi.
Alliert Wi.'wim, lx'iii;j; duly hwoiii, 8ay.s tbitt llie ('i>re;;iiin;r is a true a'ld correei slate-
meiif .
Ai.BKitr \Vi\(i\.
Mitir .Si III II) II If Elhix.
><woin lo hefove nie thi^'JillIi Xovi'iiiher, IM- |.
[.SKAI,. 1 (ii:(». K. l.'li K,
r iiitvtl !<(.(tv^ i ti t -I iiiisiit-litih I'ltl. Juiimiiiird, t/c/i.ni.
]Ilii-liMi«tr>' :( hi Mr. Ki<-;-'i« Xu. »'9.]
iiltiyii ^j/'fii /// tkf f-lha.
j{y Older lit' II. I. Hii^Hiaii Nlniesty'n conit at K.itiai^awa. was s ihl r i»;i')l!'- amitinn
111 the 'M day of Mas', l'""^^, the schooner A'.icii f'li:uliiiii, to fori' i iuiiii;;a^e
held hy F. C. Spooner on said \e'<sel. 'J'he s:iid ve.sti'l wa.s sold to s.i , < mut for
til ' Hiim of three thmiHaiut six liumli'Pd • .>!iars (*:{,tl(tl(), the iiek'iosvled^iuenf of piiy-
nieiit of said siim cotistitntin;; a l>ill of sa:i' fir the said Hcliooiier. X. ''ii.
|SKAI . 1 A. rK.l.fKAN',
//. / .1/.'- ' nil sill.
'4. ('i:imi icAii: 111- Amii:ii .\n Ow m-.h-iiu*.
CEnTii'icATi': Ti) rii: issim-.i. \,, < rn/.i'.XH or iitK r.\'iri:ii ."^tam s. iiK.ivd pcurifASKH.s
i>r AMl;itirAN mi liiUKIHNllfll.T U'SSKIS IS A loltKlliN CKlir.
I, Tlios. |{ \'an Mnreii, consul Kcneial of the rniteil Slates ('or the port of Kana-
ka w a, .lajiaii, do lierehy cerlif\ that the within hill of sale, lieiiriii;;d.'tle the ("oiirlli day
of May, IH-S'i, of the schooner /'.'/(--I/, form rly caUe.l the A'iicit ICIiuihilh. Tunmiiji!,
li:i toii'i; h'n;jth over all, 74 feot ; hieadili. 'ji) feet ; depth, H feet; fiiasts, -i; dorks, 1 ;
I'fjuno, wood, itnd iron fastened; stem, ellipiic. Sidil .iml transferred hy A. I'elikaii,
2CG
si:al risiiEKiES in jjkring .sea.
IJiissinn coiiHiil, to F. C. Spooncr, multT forTlosuroof niortRii^^e, linH Ihmmi proved snt-
isfactorily to mo to havf ln'cii duly exemittMl by the HnbH(Til»in>; party; and I fnrtlmr
certify tlio F, C. Spooner tliiTciii lutMitioiuMl an jturcliaHcr oI'Miiiil voHstd is a i^itiziMi of
tho Unitod Statt's. As witness my liand and the H«'al of tln^ consulatts-gcneial this
tliirty-tirst day of May, in tlie yeai' of our Lord lc!H;i,
[sKAi.. ] ' ' Thus. L5. Van KuHKN,
CuDHiil-dcntral.
;5. Ckutiiicatk oi'' Cit\xciE ov Namk ok Schoonkk kiu)M Kiwa Km/.abktii to
Eli/A.
To all whom it may concern : Whoroas I, Frank C. Spooner, of Vokohanni, in the
Kmpiro of .Jajian, am the sole owner of the scliooncr called thf hiwa ICitznhith, of
Yokohoniji aforesaid ; and wliereiis it is my desiro and intention to chanj^e the name
of said HclnMiner : Now, thertt'o'e, liy these (ireseiitH he it known that from and aft«T
the date hereof said schooner i ill he known as and called the ICViza, of Yokohanni.
\Vitne^s my haml and seal ; I Yokohama this thirty-first day of May, in the year
one thousand ei;^ht hundred aiid eighly-l wo.
[SKAF. ] ' F. C. Sl'OONKU.
liy CUAS. \Vi(j(iiNs,
7/i» Atlormy.
Si^ni d and sealed in the presence of —
(iEo. K. Khe.
}l. S. \an JUukn.
Kecorded in record-hook 1) of th« l'. S. consulaie-jreneral at Kanajzawii, Japan.
this:{|st May, l-^c^vj. at 11 a. in.
•t. CKinnacATr. ov Ci.kaiiaxck ok Va.i/.a
COXSirr.ATK CiKXKKAI. OK 1 UK UXITKI) STATK.S OK AMKIMCA,
March '21, lH,-.'4.
I, the luideisijrned, deimty consul j;eiieral of the United States of America for
Kamijfawa. .'apaii, and the (li'peiideiici.-s thereof, do hereliy certify that A. Weston,
master of l lie scluioncr called ilie KU:a, of Y<d<ohiima, haviii;; this day exhihited to
me the clearance of said schooner tVom the jo'oper authorities of this port, I havo
delivered to hini, the said master, the hill of sale and paiiers id' the said sciiooncr,
\lnly deposited in this Cdiisiilatc-iiciieial on tho (illi day ol' Nov< inher, 1*'*!.
(ri\en under my hand and the seal id' this consiilate-jfiTi'ial the day and yeariihovo
written.
[ska I,. J (iK.). K. ivK K,
I'. S. hvptitij Coiimil-diii'ral.
IJ. S. CoN.si'i.ArK-^iKNi'.r.Ai., luuiiKjiiua, Jitpau.
I, vic«(-<on8iil->;cneral of the Fnited Sttites at Kaiiajjawa, .Ta]iaii, do herehy certify
that th<^ fore;r()iii;^ hill of sale tVoiii his Imperi.il Kiissian Majesty's consul to !•'. V,.
Spooner; «'erliricate hy the I'liited States c(Uisul-;^eiieial of Americiin owncrsliip,
and ceil ill cat cot chan;teol" name; alsocertilicate(d'«'le;irain'c,coiistitiitinj^ tin piipers
of tl' schooner Kli:(i, <d' Yokoliaiii.i, are true and correid copies ot" tlit^ ori;;iual of same,
of iccord in this roiisiil.ite.
Witness my huud and seal of ollice this ninth day cd' Fehruary, A. D. If^firi.
[«KAI..] ' (iKO. K. Klf'K,
f ice-ConitH I- Ucncro I.
SEAL FISIIKKIEH IN HKIIIXG SKA.
267
No. 200.
Mr. Bayard to Mr. Wurts.
No. 50.] i)KI'AUTMENT OF STATE,
Wafthinf/toH, June -8, l.SSO.
Sir: 1 liJivo to call the iUtontion of .v<»ur lej^ation to the instruction
of March 2~), IHH't, to I\Ir. Taft in refian) to the seizure of tlu' schooner
Jjliza by the llussian cruiser liazboinik, July lil , 1.S81. No answer seems
to have been I'.ade to that instruction.
Mr. Cuinmin;j:s, the attorney of the cl.iiinant, has recently intjiiired as
to the action of the lejjiition i.i the prenii.es.
1 anj, etc.,
T. F. IIAYAUI).
No. 207.
Mr. Baijurd (n Mr. Lothrop.
No. 0.-).]
Dei'aktment ok State,
\V iskinyliiii, hrrembcr I, l.S8(5.
Sir: I trati.sniitacopy of adispatcih from the United States consul at
Nagasaki, relating; indirectly to tlu' seizure and conliscation of the
Aineri<ran schooner 7/r/o/(7^f by the IJiissian corvette Krtj/ssrr.'m l>e!!-
rinj; Strait, olf J'last (.'ape, Au;.(wsl 2!l last, foi- fishi.i;; ami tr.idin^' in
KuHsian waters. You will ph-ase apjtly, with <lne nr^icncy, to t!ie Km
peror's (Jovernment for the facts and an cxplanatio:! of its claim. Opin-
ion as to the merits of the (lucstion is tor the time reserved,
I am, etc.,
T. F. r.AVAUi).
I (nrlosurr N'o. (iri. I
.1/)-. />'i/v7i /() Mr. I'oi-Ur.
No. U.)
l'\iii:i> StaH's (^(NHti.ATi-,
XiiijdHaki, ,ftii>iiii. Oitiihif 1-. I-Ni. ( Ki-ci'ivcd Novt'iiiiicr 'ilJ.)
SlU: I liJivc till' lioiKir to inroriii yoi. tluil live drst it iiti« hijiiih'II, iKiiiifd (.'luiilos
IlloiH, Oliarlt's (lilos, 'I'li<iiii.-is tiii-riili'll, .JaiiH's lliii 'I'V, jmhI I'ri'dcrirk Nelson, (.'iimo
upon thiH consulate to-day i'roiii N'ladi vostok.
'I'lii'sf iiiiMi wi'vv part of till- crew ot' tlic sclinoiiiT III iir'nitit, of S;iii Francisco, Hcn-
Janiiii Dexter nlil^t^•r, and .laiiicH .'^ciiiii'tt o\\ ncr, v. lii<li « an sci/ed and coniiscaicd liy
tlic liussian corNcttc hiTi/sstr, in Uclirin.';; .Str.iil, oil' Ha-^ti I'apc, Ani^nst 'J'.', IrCS), for
tisliiii^ and trading in Kn.ssian waiciN.
1 ii'arn that tlic vessel and ear;^o conliscated aiieniiited in \aliie to al>oiii Ai.'KOOO.
I iliclo.se a I'opy of the letter .sent liy tlie capt.dli of the corvette hifflasir to thlH
consulate. I have forwarded the seanien to Vid<olirini;i. where they may lind einplciy-
nient on hoiud a'l Aiintrieiin vessel or a imssajjo lo the l,'iiiie(\ States more likely tlnia
at this port.
I have, etc., .Jiiliv .M. IJiucii,
, I'liltid tHati'n CotiHiil.
(ttirlomiir in Mr. Illirli'ii Xo. 44.|
l.tllif of CaittoiH Oilolopnff.
I liereliy certify that tlm nndeiinentloni d live nun are .\ineiicun citizens, taken
from the Hcliooiier Jlinrii Ita, conlistatcil l)y tlie Kujisian coiveito h'nyHHir in tlie liilu-
^"P
^Gh
SEAL FISHKKir.S IN IJKRING SKA.
iii^f Strait. 'IIh'.v nii! not finilty iti any vidlation (if tlu^ Kiissiiin law, iiiiil arc thore-
foro stMit to tilt' (liHposition of tin- Aini-riiaM coii.snl at Najjanaki : 'Miarh-s JHoIh, Cliarli's
(jiN's. 'I'lionias (irffnlcll, Janus llurliy, I'rtdt'riclc Nfl.son.
[SKAI.. ] A. O.ST«U.or(>FT,
frt/»'n»'« of II. I. /.'. M.s iDrrttti Arc/ysscr.
Vi,.\i)l\()ST(iK, OitiiUr 1 (l:!), IffJU.
>^0. LMtS.
Mr, Lothrvp to Mr. JUiyard.
Ko. O.I.) Lkcation ok Tin: r.MTKi) Statkh,
*SY. Vctcrslinrii, FchriKiri/ 17, JS87. (liccoivi'd ^larcli 7.)
Sni: 111 compliance willt the instruct ions of your tlispatcli No. <>."), of
Dcccmhcf I last, I addicsscd a nofcoii DcccinUcr L'U to tlitMinpi'iial iiiiii-
istcr lor lorci^n all'aiis, askinjLj for tlic facts and j^roiinds on wliicli the
American schooner UrniUtta was seized and i'oiiliscated otf Ivast Cape,
in r.clirinj^'s Straits, on August L'l hist.
On .laiiuary LM last I re«;eived a lejdy, a transhilioii of which I in
close herewilii, slatiiifj that the Jltnrirtta was confiscaletl by the jndo-
iiient of a rominission sittin;; on hoard tlie iiiii)eiial corvette 7v'/v?/.v«<'r,
for tln'olVeiisc of illicit tra<lin;; on tlu^ IJnssian (M»ast.
On .lanuary "Jl 1 had a personal in!ci\iew with (leneral ^'lan;;aly.
the assistant niiiiister of foreign allairs, in wiiich I asked him how the
eomtni-;si(»n that sal on hoard the corvette was conslilnted. lie in-
fanned me Unit il was composed of certain oflicers of tlM> corvette,
actnifr under the orders of the {government of I'lasiern f^iberia, wilhin
whose j^ciieral jilt isdici ion such matters w<'re N'csled.
1 also called his alteiition to the fact that his noh^ to me failed to
Kl)eei!y in what tho "illicit commenje" con.-iisted, and asked him ior
further iiiformalion. He replied that he was not tlieii alile to j;i\e me
lluMlesired iiiformalion, but said an answer in respect to tlu' sei/iire and
condeinnation of the American scho(»ner J'jliza was in |>re])aratioii and
Avould be sent to me in a few days, and he tliou<;lit that perhaps I
ini;;lil thereby receive the iiilormalion soiioht.
On l'\'briiary 1 1 re<'eived the promised commnniiiation, respecting the
J'Uhii, a copy of which will accompany the dispatch whi(;h will imme-
diately follow the itresent oiu».
It will be s«'eii that the sei/iirt^ and «'ondeninati<>ii of the s(!lio()ner.s
rest on the provisions of an admiiiistrat i\ e ord» r — "//'»/»» (liKjuisition atl-
»;/»/i».s7r(////(,'"—proliibitiii;;, after llie liist of (he ye;ir 1 sS'J, all tradili};'.
linntiiij;-, and lishin^ on the llussian racith-. coasts, without spt-cial
license fr uii the ;;(>\ »'i n(U 'general.
It is elaimetl that \ery exteiiMxc publicity of \his re.irulation was
/,nven ill |S.Sl-ls.>.{ thr<»n;;|i the newspajn-rs of Yokohama, in the Rijs-
^sian <'onMilal(^ of the I'acilic. and at the Ameriean custo u-hoiist's.
I'poii the receipt of this la.-t note I at once, for ;ireatvv eelo- \. wrote
to (i(>neial \'lan^al,v , askin;: liini tor 4 copy of t)ic trutiin^ r. ^illation
or order.
I also asked if I was ri;:ht in ni> llI^..^*rst indinc tiia* ' S>mMimissioti
was composed of the olHcers «if tlic Vf>s ■! ilnil nud. u *<fl|MNMPH.
I supposed this la;«t note Would hv aiiswereil :it or . us A \nis not
Ix'eii I have concluded not to wait any loti'rer lH*f«««r- r» p" tr „' the case
to you.
SKAL FlSlir.RlKS IN lU:iIIX(i SKA.
2G9
The featnn' that strikes inc as very peculiar in those cases is the fact
that the captors are also the Jiidfjcs of their own wrXn. The commission
seems to sit at once at tlu^ i»lac«^ of cajiture, and the evidence on which
it acts wouhl seem to Ix; that wliicii the (taptois derive from their own
observation on the spot, ft is, periiaps, a Inndamental and eiputable
nnixim of jnrispindencte that no <ine can he a Jiid^'e of his own canse,
and it will probaldy he worthy of consiileration how far the decisions
of a trilmnal so const it nted can Ik; considered as vali«l.
I am, etc.,
("iKO. v. N. r.oTlIKOl*.
I Iiiilosuic ill .Mr. Loiliiiip's N'li. 0".— rriiii>l ilimi.l
(ituiriil riiiiiijKli/ III Mr. I.dIIiioji,
No. 7'.l. ] Mixisri;v ok l'oRi:iii\ Ai-KAiiiS,
.liiitir livjiurtiHi III, •/itiiiuiri/ f^ (■-'•'), l"^"^?.
Mr. I'.NN'OY : I n colisccillciicr i>l' t 111' lliitf illlll|•^•^.Sl■(l liy .\ "Ml l<» III!' "II t Iw llM || ('j"J(l) (if
I)i'c.'nilirr, I liii.slcn to iisk iiilu ;i';it iop of llic .Mini! iiih' Province l>v t<'!i';;iji[ili, in
K'yaiil to llic Mi/.iii<> of tlif llitiriilUi.
I liavc now till' honor to Inini; lo yotir lvno\vi('(l;j;i> llnil, iicronlin^ to the inforina-
tioii I'liiiiniiihii'ati'il to nut liy ( ••ni'i'ii! Ilnjiin-lni, actiii;^ jxovrinoi- ot' said in'ovinci', tlio
Uniriillii wa.s in tact sci/.cil and contiscatcil on llic ITiJi rJ'.'tli) olAnj;iist, in virtiKi of
a decision oi' the coiiuni.ssioii hiitin;; on liuaitl of tlic Iniiiciial cor\c!ic Kii'rixrr for
tim oDi'iisc of illicit trading; on (tiir coasts.
I'lav acct'|it, etc.,
A. \i,A.N(;.\i,v.
Xo. LMH».
.1//'. Ln(hri>i> In Mr. /iai/iird.
No. !)i5.) Lr,(SAii(»N «»F Tin: l rnw) Sr \tf,s,
St. I'vterHlnn-iiy Fthnnuii 17, \ss~. (Keceived .Mandi 7.)
Sill: .1 have! tln^ionor to transmit to yoii a ci»py, \\ ilh triiiislatioti, of
a ('(»nimiiiii(:ilion receivid iVom tlic Iiiip«-iiid for»'i;;n olliee on fehrnary
1 instant, lelativ*' to (he ,sei/.nie ui'llu* scluMtiier Hli:<t.
Th(^ Unssian <iovernin(>nt cImI'iiv thiii she >vaM soixtil and condemned
under tln' provisions uf mi ordct, i»r re.;iil,tnon. w lii<li t >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»«<l in tnulini; with the nalive.H with the
(•ontr-ilvaiid arti<'l<'s of ;iiiiis „iid sftx-ny {•'^dhms.
She was eoiHli'inned l»y a ei»tM««i,v»>on v<({inj* »»u tU*> Imperial e<uvrne
liitslnHuih-, eompo.se«i of the olhe*>r»i the»^'of. Ih this i'»«spt'«'t the casf i <
pr.viselN likf tiiiil »vf tlio //■ <i>'»« •*.•, 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 Vlan<iahj to Mr. I.olhrop.
No. y;j;J. ] Mixi.stky ok Forkion Ai taik.s,
.luintic Ih'inirtmcHt, Jiiiiiiarii It) (lU), HH7.
Mil. Envoy: Tlio <!liit'f of tin? )jt>iii«rnl stiilF of tlio inivy lias just traiiHinittt'd to inc
the infiti'iiKiion wliicli I liail nM|iicslc<l i'yiwu tliiit (h^partiiu'iit in coiiH<><|iienc<M)t' tin-
nolo tliiU you jkMii'ssimI to mo l)oiirinji diitti ol'.JiiIy 5 (17), IriSO, in rcyaid to tlio iiici-
ilt'iit of tlio Koiziin) of tlio McIiooiiiT ICliza.
'J'lii.s iiifoniiatio!! is in Hiili.staiicc t() llio ctfcct tliat tlio KUza was eoiilimiatoil not for
tlio fjM^t of Noal-hnntiii;;, but hy virtiio of an adniiiiistrativo rt';riilatioii ])roliiliitiii);.
from tlio lif^iiiniii;; of tlio yoar l^'^'.i. ovciy kind of (Mniimorcial aot, of linntiii;; and {^i
\\«\\\n\I, on our coaNt.s of tht^ I'acific, witluuit a .spoclal aiitliori/ation from tho ;>;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 eii<ja;i;ed not only in hunting walrus on our const of
Kamtschiitkii, and in commercial transactions with the natives, but traded there with
illicit artit'li ''. such as arms and strong li(|iiors,
'I'lic iufriiigcmciiis of the jiriiitcd regulations are duly established by tho opi'ii net
uiid the coMtession of the (■aptaiii, Austin Weston, who made no ])roteHt against tho
sei/.ure of the vessel ordered under that head by the cimimi.ssion Hitting act /luc on board
the imperial corvette liiinhoiuik.
The caiil.iiii iii'd his second olliccr, besides, acknowledge the ofVenso charged against
them of liiintiiit; and of trading in tlit>ir 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 <!opy «)f which 1 inclose heiewitl:. It will he noticed
that it apiM'ars in the form of the notice wiiicii was jjivei: by the Unssian
consul at Vokoliama, November 15, 18S1.
1 remain, etc.,
GE(». V. X. LOTIIKOI".
[Iiirlosiiii' in Mr. Li)tlii<i|rH N'o, iJi). — Transhition.]
Xoliic iif ordir rclulirr to vnmmcrcc on li'iisKian I'tn IJic coa^t,
NOTICK.
asnreH
At till' ri'(|iii>.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('<i;;<', till- following;
(1) Without II s]n'cial ptMiiiit or license t'rorii the )j;o\ cri!or-^;citcra] of Kasterii .Sihe-
ria foreij;ii vcust^Is an* not, allowed to carry on Iraiiiiiic, Imntiiin', li.shint^, etc.. <>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 conliscatt<d, hoth
vcssols and cargoes, for tlu- heiielit of the fiovernmtMit. Thi.s enactment shall he en-
forced heiKiefort i), comiMcnciii).; with A. I). I^H-J.
(tl) Thi^ (Miforcement of the ahove will he intrusted to Russian inen-<d'-war, and also
to linssian mercdiant vessels, which, for that pnrpuse, will 'arry military d'i.ichment:i
and he provided with proper instrnctioiis.
PKI.nCAN,
//i'.'* liit])vr',ii! L'rs^ltin Miijcxtii'M (oiiBul.
V()K<>n.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
tliat<u)ndemne(l tlii^ said stiliooneis, iiM-ludintJ the (•liar;,'es, evidence, and
other procecdiuifs, I have now re<'('i\ed from the Imiierial (ioverniuent
copies of the "j)rotocols" in each of said cases.
It will be seen that tli<» tribiinal tliat coidis<;iited lh(» schooner was
mad«» up of the ollicers of the ca[>tnrin;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, <l<i r-crlify tliat i\ui 17tli Aii^iiist, IHHCi, jti tlio Mi'Iuiiijj Si'ii,
latitmlc C.V .'.'> 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<i\vii of San I'raiii'i.M'o ; was tlic iiroiicrty of Jai.u-M Sfiiiu'tt; wan calli'il
llu' J I III rii lilt, iiiidi T llifcoiimiaiHl <if HiMiJaiiiiii Drflci'; \vaHf;(»iii;^ from \\w ri'^^ioii of tlio
territorial waters to C'a|ii> Cliajiiiii, ]iart <d' tlit< K'usniiiii |io.s.M'.sHionH. On tlio Hcliooiicr
lu'Hidi'.s tlic crew wtro nix ('liiiKtilMM-H from (.'aim ('liapliii. Aecordinj^ to the journal,
and as acknowledged liy tlii^ conunander, it is seen that liie schooner Hiuriilta wux
en;;a<j;ed in tiMdin^, witliont licciiHC, on i)ie KiiHsian coast, n.-iinely, in tln^ hay of St.
Lavrentia. Providence, and at Capes ('lia)din and Kastein ; hosides this, npon exumi-
niitiini ot' the schooner, tlieic was foni>d on hoard aliont I ]iood Clli |ionndH) of ;;iiii-
jiowder, two ^uns, more than two thou^<and oirlridfjcs of dil'i'erent kinds, lead I : :)od
( lit pounds), small shot, and perenssion caps. The car<;o did not correspond with the
liill of Jadin;;, the journal was not written up pioiierly, and the last «layM had not
heen entereil at all.
I.enjfth of the schooner. .".I feet ; hrcadth of the schooner, '20 feet ; water displace-
ment, 'I i tons,
The car^o consisted of .1,(1(1(1 jionnds of wlialehone, ;t harrels r)f walrns tusks, furs,
.mil various small articles. Takin;; into consideration all the fore;;oin;.; wo have de-
cided to contisi-ato the Hchooiicr to the lienelit of the Kiissian Oovernnieiit, Aiixitut
I7th (*J'.»th), lH.-(i.
Personally sifjned.
Coufniucd :
President of the committee :
( 'ait. MX OK Tilt: "it) KaXK, I'l.AKSIN.
Memliirs ot' the eoniniitlee:
l.ii;t!Ti;N.\NT I'ofoi r.
I'omHiiicK /,i;i.\.
r.NIii:U I.IIX'TK.NANT rKDOTOKI'.
r.NUMi Lii:iri:.NANr Koroilsciiik.
Commander of tlie clip|ter I'liiiHcr.
t'AIMAl.N IhT liANK, OSTOLOl'OKK.
Compared with the oi ij,jlii:i!. Senior llaj; (dheer :
LlKUTKNANT K'< iDKtXol-K.
Ci rn ct :
Skci;i:taiiy .Mihsiiiiman Siiivank.
lIiuleKiin- '.' Ill >[r. [.itliioii's Xo. 120,— 'rriit\nl:itloii.|
I'rolocol (>/' llti toiijinciitioii, nl llic motilh of Ihr linr An<i<iijr, iivar ('<iiic Ohm rvatirii, of thi
Aiiivricnn tvlwomr A'/icd.
The 1 till ("Jl'ilhl .Iiiiie. l-*^!. iit the inonlli n|' the riv<r ,\iiai!yr, near Caiie Olisi rv;i-
toiy, I.icntcD.'int l';ireiiolf, of the Imiieiial clipper lut:h(,iiiH:, under the I'oiiiniaiid of
l.ieiitetiani ililtehniiidi, inspected the Aiiieiiciiii sclMMiner at anchor Kli:n,Vti\>t. 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 <lit)'ei('nt parts of the Kiissian
northwest const, without having; anylicen.se l"or this from the yovernor of eastern
Siheriii, and, he.sides this, tr.idiiig in prohihitc I yoons ; therefore, hy order of the
SKAL ri.SHERIKS I\ HEKIXO SKA.
'213
^."V«'rni It, piibliMlietl in tlie Kii;;lirtli liitiKiiaKo tliroo v»«irs iil'o juhI iiiHtrnctions
Xivni, I onlitf:
(i) Th« alK»v»--immt'(l kcIiooikt IJlUa, with iill tliiit heloiijjH to licr and her careo to
lio eoiilisnitnl at ..iiuo, to tho lioiiolit of tlio Kii«Miaii Iniiiorial (Jovcnimoiit.
(ii)Tlio captain and part of tin- HJiip'H cri'w of tho HclnxHHT to ho tai<«>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, an<l to ^'1 a receipt from liiin for tho sunie.
Coinunmder of tho clijiper L'azhoiiiil;,
LlIU'lKVAXT CaITAIN' HlMiKUIll!ANr)T
,, ,. , and LllUTKXA.VT I'AKK.Ndl r,
( onhrnu'd :
UkVISOK Y()UX(J.
Correct :
SiCCUETAHV .MlUSllll'.MAN ScllVAXK,
S. Kx. KIC 18
'
9
1 I
Part V.
TREASURY REGULATIONS
No. 21L'.
Mr. Fair child to Mr. Jiaynrd.
TUKASUUY DEPAUTMENT,
Office of the Secretauv,
Washington, I). C\, February 5, 1880. (Iteceived February 7.)
SiU: I liJivo the lionor to acknowkMljje the receipt of your letter of
the 31st ultimo, iiiclosiu^ a copy of the {Senate resolution.s of the LM
ultimo, and recjueNtinp tliat copieH of the latest rules and re(;ulationH
in relation to iishin*; or taking; seal in Kehrin^ iSea, or in waters adja-
cent thereto, bes furnished to your Department for transmission to the
Senate with your report to the I'resident upon the subject of said
resolution.
In compliaiuie with your rccpu'st, I inclose herewith three copies of a
comjtilation ])ublislied in ISS'J, which contains all the stamdin^ rul(>s 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(-;<iilali(iiis f^ovrniiii;; tin- nral lislHTioN, is piilili.-ilu-d for tii<! iiifonnation of
Xho oni(!ci'H ol tlif Ui>|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 otln<r port
or idact; in tho United Statt'H, when d«>Ntin<>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
vi<datinK snch re^nlatiiiiis shall be lined not moix than live hundred dollars, or im-
]>riHorn'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<t, as fully as he niiylit have done had sncb facts been
ascertained nnder ami according to the provisimis of that act. ( ."^ecs. .VJ'.tti, ."VJi>: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*^ <Iuly, eighteen hundred
and seventy, the number of fur seals which may be killed for their skins upon the isl-
and of Saint Paul is limited to seventy-live thousand per annum; and the number of
fur seals which ma.\ be killed for their skins iii)on the islaiul of Saint George is lim-
ited to twenty-live thousand per annnni ; but the Secretary of the Treasury may limit
the right of killing, if it becomes necessary for the i>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 <d)servaii('e of all the laws and requirements of
Congress, and the regulations of the Secretary of Treasury, touching the taking ot
fur seals an<l the disposing of the same, and for the payment of all taxes and dues ac-
cruing to the United States conneetod therewith.
Skc. It)')'). No persons other than Ameri(!an citizens shall be permitted, by lease or
otherwise, to occupy the islands tif Saint Paul itnd Saint George, or either of them,
for the purpose of taking the skins of fur seals therefrom, nor shall any foreign ves-
sels be engaged in taking such skins ; and the Secretary of the TriMsury shall vacate
and declare any lease forfeited if the same be liidd or ojierated for tlie use, beuelit, or
advantage, directly or indirectly, of any persons other than American citizens.
Skc. 190(5. Every lease shall contain a covenant on the part of the lessee that he
will not keep, sell, furnish, give, or dispose of any distilled sjiiritsor spirituous liquors
ou either of those islands to any of the natives thereof, such jierson not being a phy-
sician and furnishing the same for use as medicine ; and every revenue otilicer, otlici-
allj' acting as such, on either of the islands, shall seize and destroy any distilled or
spirituous li(iuors found thereon; but such ollicer shall make detailed reports of his
doings in that matter to the collector of the port.
Sec. 19()7. Every ))ersoii who kills any fur seal on either of those islands, or in the
waters adjacent thereto, without authority of tin; lessees thereof, an<l every ])erson
who molests, <listnrV)s, or interferes with the lessees, or either of them, or their agents
or employ^is, in tin; lawful prosecution of their business, under the i»rovisioii8 of this
chapter, si;all for each olVense be ])uiiislied us jirescribed in section nineteen hundred
and sixty-one ; and all vessels, tluur tackle, ajiparel, apiuirtenauces, and cargo, whose
crews are found engage<l in any violation of the provisions of sections nineii-A'ii hun-
drec' and sixty-live to nineteen hundred and sixtv-cight, inclusive, shall be forfeited
to the United' States.
Sec. I9(i8. If any jierson or company, under any lease herein authorized, knowingly
kills, or permits to be killed, any number of seals exceeding the number for each
island in this cliaiiter lu'cseribed, sucii p(!rs(ni or company shall, in addition to the
penalties and forfeitures herein provided, forfeit the wlnde number of the skins of
seals killed in that year, or, in ease tin? same have been tlisposo<l of, then such person
or company shall forfeit the valim of the same.
Sec. 1909. In addition to the annual rental required to be reserved in every lease,
<r> 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 preseiite<l
to the Government revenue officer for the time being who may be in charge at the
islands as the authority of the party for landing and taking skins.
Skc. 1'J7"J. Congress may at any time hereafter alter, amend, or repeal sections
from nineteen hundred and sixty to nineteen hundred and seventy-one, both inclu-
sive, of this chapter.
Skc. 197:5. 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 lishiTies
in Alaska, and the ]>erfonuance 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-
<ding exjieiises in going to and returning from Alaska, for which expenses vouchers
shall be presented ro the jiroper ac*counting oflieersof the Treasury; and such (expenses
shall not exceed in the aggregate six hiUKlred dollars each in any one year.
Skc. 1975. Such agents shall never be interested, directly or indirectly, in any lease
of the right to take seals, nor in aiiy proceeds or piolits thereof, either as owner,
agent, iiartner, or otherwise.
Skc. 1976. Such agents are empowered to administer oaths in all cases relating to
the s'Tvice of the United States, and to take testimony in Alaska for the use of the
Government in any matter concerning the ])ubli(? niveiiues.
Skc. yr)9l. There shall be in the Territory of Alaska one collection district, as fol-
lows : The district of Alaska, to comprise all the Territory of Alaska, in which Sitka
shall be the jiort of entry.
Skc. "io'.t'^. There shall lie in the collection district of Alaska a collector, who shall
reside at Sitka.
Sec. 4140. The Secretary of the Treasury may make such regulations as ho may
deem expedient for the nationalization of all vessels owned by actual residents of the
Territory of Alaska, on the twentieth day fi/Jiine, eighteen hundred and sixty-s(;ven,
and. which continued to be so owned up to the date of such nationalization.
CUAl". C4. — All act to nniend tlio .let eiititlpil " An act to prevent tlio extcriiiiii.ition of fur-bearin;; ani-
mals iu Alaska," approved Jidy fust, oif;liti:L'ii limidroil atid Muveiity.
Be it enacted 6.1/ the Seimte and House of HfprcKcnfalires of the J'liUcd Stitlcn of Jmi'tica
hi ConjircHH assemhied, That the act entitled "An act, to pnrveut the extermination of
fnr-bearing animals in Alaska," approved July first, eiglitcen hundred and sev(Mity, is
hereby amended so as to authorize the Secretary of theTit'asnry, and lie is lu-reby au-
thorized, to designate the months in which fur sijals may be taken for their skins on
the islands of St. Paul and St. George, in Alaska, and in the waters adjacent thereto,
and the number to be taken on cir about each islaii<l respectively.
TRKA.st;jiY ])Ki>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<Mits per gallon for (siidi gallon of oil obtained from said
seals for sale on said islands or els(!where and sold by said company. And also cove-
nant and agree, in accordance with said irnles and regulations, to furnish, free of
charge, the iiihabitaiils of the islands of St. I'anl and St. George, annually during
said t(^rm, tweiity-iive thousand dried salmon, sixty cords iire-wood, a sulHcient
finantity of salt, and a siillicicnt number of barrels for preserving the neccssarj sup-
ply of meat.
And the said lessees also hereby covenant and agree during the teriii aforesaid, to
luaintain a school f)n eacii island in accordance witli said rules and regulations and
snitabhi for the education of the natives of said islands for a period of not hiss thavi
eight months in each year.
And tlu! said lessees further covenant and agree not to kill niion said island of St.
Paul more than 7.'),000 fur-seals, and upon the island of St. Get rge not more than
•i,"),0()0 fur-seiils per annum; not to kill any fur-seal ujjou the islands .aforesaid in any
other month except the months of June, July, September, and October of each year;
not to kill such seals at any time by the use of tire-arins or other means teuuMig to
driv(! tlu! seals from said islands ; not to kill any female seal or any seal less than one
year old ; not to kill any seal in the waters adjatient to said islands or on the beaches,
cliffs, or rocks where tliey haul u]) from the sea to remain.
And the said lessees further covenant and agree to abide by any restriction or lim-
itation njion the right to kill seals under this lease, that tiie act prescribes or that the
Secretary ot the Treasury shall, judge necessary lor the preservation of such seals.
And the said lessees liereby agree that they will not in any way sell, transfer, or
assign this lease; and that any transfer, side, or assignment of the same shall be void
and of no effect.
And the said lessees further covenant and agree to furnish to the several masters of
the vessels enif loyed by them certilied copies of this lease to be presented to tiie Gov-
ernment revenue olilicers for the time being in charge of said islands, as the authority
of said lessees for the landing and taking said skins.
And the said lessees further covenant and agree that they, or their agents, shall not
keej), sell, furnish, give, or dispose ofany distilled spirits or s[)irituousli(inors on either
of said islands to any of the natives thereof, such person not being a physieia.i and
furnishing tiie same for ase as medicine.
And the said lessees further covtuiant and agree that this lease is accepted subject
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 paid by said lessees; for the comfort, maintenance, education, and pro-
tection of the natives of said i.slands, and for carrying into effect all the provisions of
the act aforesaid, and will abide by and conform to said rules and regulations.
And the said lessees, aceejtting this lease with a full knowledge of the provisions
of the aforesaid act of Congress, further covenant and agree that they will fulfill all
the provisions, requirements, and limitations of said act, whether herein specilicaliy
set out or not.
In witness whereof the parties aforesaid have hereunto set their hands and seals the
day and year above written.
William A. RiciiAunsox, [seal.]
Acting Secretary of the Treasury.
Alaska Commkkcial Company, [skal.]
By John V. Millkk, rreaidcitt.
Executed in presence of
J. H. Savilli:.
< '
i
Treasury Department, Office of the Secretary,
Washington, D. C, uMarch 12, 1881.
Sir: Your letter of the 19th ultimo, requesting certain information in regard to the
meaning placed by this Department upon the law regulating the killing of fur-betar-
ing animals in the Territory of Alaska was duly received. The law prohibits the
killing of any fur-bearing animals, except as otherwise therein provided, within tbo,
limits of Alaska Territory, or in the waters thereof, and also prohibits the killing of
any fur-seals on the islands of St. Paul and St. George or in the waters adjacent thereto,
except during certain mouths.
r light iiiulcr
tei.ii, and in
Jiisiiry of tlio
made fortius
Iiiitwl States
lo the Treas-
IX or duty of
vith the jiro-
fiir-soal skii)
ed from said
lid also cove-
riiish, free of
ually during-
a Hiililicient
jccssarj sup-
aforesaid, to
;ulations and
lot less thavi
island of St.
t more than
'esaid in any
f each year :
s teniJnj; to
less than one
the beaches,
3tion or lim-
s or that the
leh seals.
, tr.'insfer, or
hall be void
il masters of
[ to the Gov-
le authority
ts, .shall not
orson either
ysicia.x and
ited subject
"ter be made
nlals herein
)n, and pro-
rovisions of
tioiis.
^ lirovisions
ill fullill all
specilically
ud seals the
[seal.]
Trcasuyy.
[seal.]
ARY,
12, 1881.
pard to the
)f fur-bear-
tihibits the
within tho_
a killing of
mt thereto,
SEAL FISHERIES IN BERING SEA.
281
You inquire in regard to the interpretation of the terms " waters thereof " and
"waters adjacent thereto," as used in tin law, and how fur the jurisdiction of the
Unitdd States is to he. understood as exteinlin;^.
Presuming!; your ini|iiiry to rel.ite more espeeiallv to the w; lers of s> 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;.e<l liy law ag;^iust the killing of fur-bearing animals would
therefore attach against any violati(.Mi of law within ihe limits before described.
Very respectfully,
H. F. Fkench,
Acting Setfetary.
Mr. D. A. Ancoxa,
No 717 O'Farrell street, San Francisco, Cat.
REGULATIONS GOVERNING TIIK SEAL FISHERIES IN ALASKA.
The law limits the number of seals which may be killed for their skins on the isl-
ands of St. Paul and St. (ieorge to i()0,Ot)U per annum. At present the (piota is tixed
at 80,000 for St. Paul Island and )>f),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 <inota. The repo t will also show to what
extent the company has ptuformed the other conditions Oi' the lease with respt-ct to
furnishing snpiilies to the natives, keeping tlie school, etc., and generally embracing
a review tV>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<l
by the San Francisco count, ana the sum piiid a.s'tax. Should any considerable vari-
ance bo shown by these reports between the count of the skins made at the islands
and that made at San Francisco the Department will take such action iu regard
thereto as the facts may appear to demand.
8. Ex. IOC 19